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Home My WebLink AboutRES NO 261-04 261-04 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 1-50 (JEWETTA, REINA SW), 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. 1345 adopted September 8, 2004, declared its intention to add territory, Area 1-50 (Jewetta, Reina SW), 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 1-50 (Jewetta, Reina SW), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-50 (Jewetta, Reina SW), 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 1-50 (Jewetta, Reina SW), 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 1-50 (Jewetta, Reina SW), 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. 3. Exhibits "A" and "B" describe the additional territory, Area 1-50 (Jewetta, Reina SW). 4. All parcels within this additional territory 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 landscape improvements have been installed. When street landscape improvements have been completed, the appropriate street tier will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The benefit formula (Exhibit "C"), budget (Exhibit "D") and assessment roll (Exhibit "E") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2004-2005 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the Annual Report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. .......... 000 .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the,,,G,QUQ.Cj[ of the City of Bakersfield at a regular meeting thereof held on ~.1~ ;~ ~ 2004 · by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Offici~ Clerk of the Council of the City of Bakersfield APPROVED: SEP 2:~ 2004 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\MAINDIS'~RESOL_ESTAB\MD1-50_Est_05.DOC City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-50 (JEWETTA, REINA SW ) Fiscal Year 2004-2005 Addition of territory, Area 1-50, (Jewetta, Reina SW) to the Consolidated Maintenance District is generally described as an area bounded by Reina Road on the north, Jewetta Avenue on the east, a line approximately 1319' north of Noriega Road on the south and Old Farm Road 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 parcels 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 1-50, (Jewetta, Reina SW) 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" m 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 1-50 (Jewetta, Reina SW) subject to be assessed to pay the cost of maintenance and operation in said area. RAU['M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" LEGAL DESCRIPTION Area 1-50 Being Parcels A, B, C and D of Lot Line Adjustmem No. 367 in the City of Bakersfield, County of Kern, State of California as evidenced by that certain Certificate of Compliance recorded March 22, 1994 in Book 7006, Page 2222, O.R., also being a portion of Section 13, T. 29 S., R. 26 E., M.D.M., more particularly described as follows: BEGINNING at the Northeast comer of said Section 13, said point also being the center- line intersection of Jewetta Avenue and Reina Road; THENCE (1) South 00050' 32" West along the centerline of Jewetta Avenue and the east line of Parcels C and D, 1319.35 feet to the southeast comer of Parcel C; THENCE (2) North 89o15' 15" West along the south line of Parcels A and C, 2642.89 feet to the southwest comer of Parcel A, said point also being on the centerline of Old Farm Road; THENCE (3) North 00050'20'' East along the west line of Parcel A and the centerline of Old Farm Road, 1318.31 feet to the northwest comer of Parcel A and the centerline inter- section of Old Farm Road and Reina Road; THENCE (4) South 89016'59'' Eas! along the north line of Parcel A and the centerline of Reina Road, 2.94 feet to the South quarter comer of Section 12, T. 29 S., R. 26 E., M.D.M.; THENCE (5) South 89016'36'' East along the north line of Parcels A, B, C and D and the centerline of Reina Road, 2640.03 feet to the TRUE POINT OF BEGINNING. Containing 80.02 acres, more or less EXHIBIT "A" 6153-i~lusion-lgl MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-50, JEWEl-fA, REINA SW) TO THE CONSOLIDATED MAINTENANCE DISTRICT RBNA ROAD PACIFIC HN~BO~ ~ NORIEGA ROAD 7 AVENUE PAOF'IC SHOI~S EXHIBIT CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA 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) = S x a x t 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 Agricultural Zone Single Family (Detached Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 5 acres or more. Undeveloped R-1 zoned, less than 5 acres. Multi-Family (Attached) Undeveloped R-2, R-3 EDU REMARKS 1.0 Per parcel 1.0 Per parcel 4/acre 1/acre 0.71/unit 0.71/unit Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use 6/acre 0.71/unit 1.00/unit Rounded down to the nearest whole number. Rounded down to the nearest whole number. Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Rounded to nearest .01 Each calculated per the above. EXHIBIT "C" Page 2 of 4 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 EDU REMARKS Polo Grounds (1-04) Undeveloped R-1 zoned 5 acres or more. Parkside Villa.qe (2-01) 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) Single Family Dwelling Unit (Vineyard) 1.0 Multi-Family Dwelling Unit (Shores) 0.86/unit Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) 0.58/unit Non Residential (Castle & Cooke) 24.26 Non Residential (Parkside Partners) 7.56 Brimhall & Verdu.qo (1-09) Seven Oaks, North (2-11) & South (2-20) Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue (1-07) Stockdale, California NE (1-18) Stockdale, Village Lane (1-20) Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave./ Stockdale Hwy, frontage EXHIBIT "C" Page 3 of 4 ('; :~:'::% L USE Union Avenue(4-07) Non Residential Silvercreek (3-04) 370-022-04 Chester Avenue (4-11 & 4-16) Wail Street (4-25) Baker Street (4-24) Baker Street II (4-29) Stockdale, Callowa¥ (1-15) Coffee, 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\MAINDIST~ExhibitC\ExhC05.doc EXHIBIT .... ~ '?~ ~:~ Page 4 of ~ ~? EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-50 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 "E" MAINTENANCE DISTRICT AREA 1-50 ASSESSMENT ROLL FISCAL YEAR 2004-2005 Assessor's Tax No. 527-010-13-00-1 527-010-14-00-4 527-010-15-00-7 527-010-16-00-0 Total Total amount to be collected for FY 2004-2005 $0.00 $0.00 $0.00 $0.00 $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" 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 Tracts 6153, Unit 1~ Lots 1 thru 83 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this .__ day of ,200__, by First Capitol Home Mortgage, Corp., a California Corporation and Cherry Hill, Inc., a California Corporation, (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 public landscaping on public rights-of-way within the district. The appropriate Street Tier will be assigned when landscape 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 run with the land. Dated this __ day of ,200 __. Owner(s)/Developer(s): First Capitol Home Mortgage, Corp. a California Corporation City of Bakersfield: Edith S. Harrison - Secretary - CFO Cherry Hill, Inc. a California Corporation Raul M. Rojas, Public Works Director James Bryan Batey - President NOTE: All owner(s)/developer(s) signatures must be notarized. S 5PROJECTS~VlAIN DIS75COVENANTXSt.doc