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Home My WebLink AboutRES NO 249-04RESOLUTION NO. 2 4 9 ,- O 4 A RESOLUTION ADDING TERRITORY, AREA 1-49 (CALLOWAY, RETAIL NE), TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 4). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1343 adopted August 18, 2004, declared its intention to add territory, Area 1-49 (Calloway, Retail NE), to the Consolidated Maintenance District, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 1-49 (Calloway, Retail NE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-49 (Calloway, Retail NE), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2004-2005 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received letters from the property owner within the additional territory, Area 1-49 (Calloway, Retail NE), which waive any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code or any other law) concerning the formation of and assessments for Inclusion in the Consolidated Maintenance District. The owner also has submitted Proposition 218 Ballots (Official Assessment Ballot) indicating his consent to the assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory, Area 1-49 (Calloway, Retail NE), to the Consolidated Maintenance District and confirms and adopts the Public Works Director's Report (attached hereto as Exhibit 1 and incorporated herein by reference), including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by tb, e,.Oouncil of the City of Bakersfield at a regular meeting thereof held on ~.F0 8, 2084 _, by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~.~',~.DO~ ~ APPROVED: SEP 0 8 2004 ~the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINA GENNARO City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" dc S:\PROJECTS\MAINDIST~RESOL ESTAB\MD1-49 Est 05.DOC ~K.~4 OR!C:!NAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-49 (CALLOWAY, RETAIL NE ) Fiscal Year 2004-2005 Addition of territory, Area 1-49, (Calloway, Retail NE) to the Consolidated Maintenance District is generally described as an area bounded by a line 684.61' north of Rosedale Highway on the north, a line 615.53 east of Calloway Drive on the east, Retail Drive on the south and Calloway Drive on the west, as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this Report and proposed assessment of and upon all pamels of property within the area for the cost of maintaining public street medians and other public street landscaping. The improvements generally include, but are not limited to, irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, Area 1-49, (Calloway, Retail NE) is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area will be assigned an appropriate street tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. EXHIBIT "1" All parcels within this area shall be assessed an amount not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. However, parcels will not be assessed until street landscaping has been installed. When street landscape improvements have been completed, the appropriate street tier level will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The area will consist of residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2004-2005 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory, Area 1-49 (Calloway, Retail NE) subject to be assessed to pay the cost of maintenance and operation in said area. Dated: ~/2c~,~/'~.~-, RAUL M. ROJAS Director of Public Works City of Bakersfield 2 EXHIBIT "1" AREA 1-49 LEGAL DESCRZP'r~ON PAGE 1 OF 2 ReaI property in tl~e City of BAKERSFIELD, County of KERN, State of California, described as follows: PARCEL 1: APN: 451-030-09 AND 451-030-19 PARCEL A OF PARCEL MAP WAIVER NO. 02-0630 AS PER CERTIFICATE OF COMPLIANCE RECORDED JUNE 20, 2003 AS INSTRUMENT NO. 0203122480, BE/NG THAT PORTiON OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.B.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF CALLOWAY DRIVE AND THE WEST LINE Of SAID SECTION 20, NORTH 00°28'32'' EAST, 684.61'FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION, AS MARKED BY A STONE WITH "X" IN LAMPHOLE; THENCE 1) SOUTH 89~08'13'' EAST, PARALLEL TO THE SOUTH LINE OF SAID SECTION, 615.55 FEET; THENCE 2) SOUTH 00~29'05'' WEST, 100.00 FEET THENCE 3) NORTH 89°08'13'' WEST, 615.53 FEET TO THE WEST LINE OF SAID SECTION 20; THENCE q-) NORTH 00~29'05'' EAST ALONG SAID WEST. LINE, 100.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND OR THAT MAY BE PRODUCED AND SAVED THEREFROM, AS RESERVED BY PAULINE E. DENIO, A WIDOW AND ]AMES W. DENIO, A MARRIED MAN, IN GRANT DEED RECORDED JULY 6, 1972 iN BOOK 4753, PAGE 436 OF OFFICIAL RECORDS. PARCEL 2: APN: 451-030-10 (PORTION) AND 451-030-18 PARCEL B OF PARCEL MAP WAIVER NO. 02-0630 AS PER CERTIFICATE OF COMPLIANCE RECORDED JUNE 20, 2003 AS INSTRUMENT NO. 0203122480, BEING THAT PORTION OF SECTION 20, TOWNSHIP 29 SOLFll-I, RANGE 27 EASTI MOUNT DIABLO BASE AND MERIDIAN! IN THE CIte OF BAKERS~ELD, COUNTf OF KERN; STATE OF CALIFORNIA~ MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF CALLOWAY DRIVE AND THE WEST LINE OF SAID SECTION 20, NORTH 00~29'05' EAST, 584.61 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECT[ON, AS MARKED BY A STONE Wl-TH "X" IN LAMPHOLE; THENCE 1) SOUTH 89°08'13" EAST PARALLEL TO THE SOUTH LINE OF SAID SE~FION~ 615.53 FEET; THENCE 2) SOUTH 00'~29'05'' WEST, 220.65 FEET; THENCE 3) NORTH 89°08'13" WEST, 115.48 FEET EXHIBIT "A" ORIGINAL AREA 1-49 PAGE 2 OF 2 THENCE 4) NORTH 00°29'05'' EAST, 157.65 FEET THENCE 5) NORTH 89°08'13'' WES-F, 500.00 FEET TO THE WEST ITNE OF SAID SECTION 20; THENCE 6) NORT~H 00029'05'' EAST ALONG SAID WEST t/NE, 63.00 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM ALL OF THE OIL, GAS, PETROLEUM, HYDROCARBON SUBSTANCES AND MINERALS WITHIN OR UNDERLYING SAID LAND OR THAT MAY BE SAVED AND PRODUCED THEREFROM, AS RESERVED BY ETHEL M. 3ELLISON IN DEED RECORDED 3ANUARY 4, 1946 IN BOOK 1290, PAGE 301 OF OFF'lC/AL RECORDS. EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-z~9, CALLOWAY, RETAIL NE) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA DISTRICT BOUNDARY .... S.W. COR. SEC. 20, 29/27 ' I I'IIF ¥! v~ i )-i PARCEL 1 PARCEL 2 RETAIL DRIVE EXHIBIT "~t' ~' or GINA~ CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel, and; The factor for the tier level, which equals the street tier number, and; The total number of street EDU's in the district. (1) = Sxaxt b NOTE: Undeveloped residential and commercial parcels with no existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be assessed one-fourth the number of EDU's for that parcel (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of EDU's for the parcel, and; Multiplied by (t): Divided by (b): The factor for the tier level, which equals the park tier number, and; The total number of park EDU's in the district. (2) = P x a x t b Note: Since Proposition 218 was passed in November 1996; assessment rates have been frozen at the 1996-1997 level. EXHIBIT "C" Page 1 of 4~- EQUIVALENT DWELLING UNIT (EDU} CHART An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shall be calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached) Dwelling Unit, less than 5 acres 1.0 Per parcel Undeveloped R-1 zoned 5 acres or more. 4/acre Rounded down to the nearest whole number. Undeveloped R-1 zoned, less than 5 acres. 1/acre Rounded down to the nearest whole number. Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.71/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6/acre Rounded to nearest .01 Mobile Homes in parks (Rent Space) 0.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. EXHIBIT "C". t ORIGINAL EDU EXCEPTIONS Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE Polo Grounds (1-04~ Undeveloped R-1 zoned 5 acres or more. EDU REMARKS 3.28/acre Pa, rkside Villaae (2-01~ Single Family 1.0 Dwelling Unit (Vineyard) Multi-Family 0.86/unit Dwelling Unit (Shores) Multi-Family 0.58/unit Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential 24.26 (Castle & Cooke) Non Residential 7.56 (Parkside Partners) Brimhall & Verduoo (1-09) Seven Oaks. North (2-11~ & South (2-20~ Undeveloped R-1 zoned 3/acre 5 acres or more C~lifornia Avenue (1-07/ Stockdale. California NE H-18/ Stgckdale. Villaae Lane (1-20/ Non Residential 1.0 Rounded down to the nearest whole number. (Per condition of Annexation) Per parcel plus 0.9 EDU's per 100 feet of California Ave./ Stockdale Hwy, frontage EX H I B IT ~ fC~o~ ~ A K~'~_~ Page 3 ORiGiNAl_ Union Avenue(4-07~ Non Residential 370-022-04 Chester Avenue ('4-11 & 4-16) W~.ll Street (4-25) Baker Street (4-24) Stockdale. Callowav (1-15~ CQffee. Gosford ('2-15) EDU 3 0.71/unit 6/acre REMARKS Per parcel Shall be charged at R-3 rate, 12 units/Acre, as per GPA Resolution No. 22-94 Area for each parcel is based 50% on lot area and 50% on building area. Park maintenance fee to be paid per Agreement 96-81(1). Stockdale. Buena Vista SW (2-22~ Park maintenance fee to be paid per Ordinance No. 3957. S:\PROJECTS\MAIN DIST~ExhibitC\ExhC05.doc EXHIBIT "C" Page 4 of 4~ 0RiGCNAL EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-49 Said assessment is made in accordance with the benefit formula attached hereto. 2004-2005 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 EXHIBIT "[~" I-- EXHIBIT "E" MAINTENANCE DISTRICT AREA 1-49 ASSESSMENT ROLL FISCAL YEAR 2004-2005 Assessor's Tax No. 451 - 140- 32-00-2 451-140-33-00-5 451-140-34-00-8 451-140-35-00-1 Total Total amount to be collected for FY 2004-2005 $0.00 $o.oo $0.00 $0.00 $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" ORiGiNAL Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map No. 10954, Parcels 1 throught 3 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,200__ by Northwest Promenade, a Califumia LLC, (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way within the district. The appropriate Street and Park Tiers will be assigned when landscape and park improvements have been installed. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $125.00 per equivalent dwelling unit, based on 2003 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall mn with the land. Dated this __ day of ,200 __. Owner(s)/Developer{s): Northwest Promenade, LLC Owner City of Bakersfield: Lee Jamieson Manager Raul M. Rojas, Public Works Director NOTE: All owner(s)/deveioper(s) signatures must be notarized. S:\PROJ ECTS\MAINDIST~£ OVENANT\M D 149 pM 10954.d~2