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Home My WebLink AboutRES NO 276-04 276-04 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-13 (E. BELLE TERRACE, S. OSWELL NW), 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 1). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1348, adopted October 6, 2004, declared its intention to add territory, Area 5-13 (E. Belle Terrace, S. Oswell NW), 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 5-13 (E. Belle Terrace, S. Oswell NW), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-13 (E. Belle Terrace, S. Oswell NW), 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 a letter from the property owner within the additional territory, Area 5-13 (E. Belle Terrace, S. Oswell NW), which waives 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 a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the assessment. 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 5-13 (E. Belle Terrace, S. Oswell NW), 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 3. Exhibits "A" and "B" describe the additional territory, Area 5-13 (E. Belle Terrace, S. Oswell NW). 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 park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers 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 .......... ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on 0c'r 2 0 2004 , by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio ~,~erk of the Council of the City of Bakersfield APPROVED: OCT 0 2004 MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S:\PROJECTS\MAINDIST~RESOL_ESTAB\MD5-13Est_l 0-20-04.DOC 3 ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-13 (E. BELLE TERRACE, S. OSWELL NW) Fiscal Year 2004-2005 Addition of territory, Area 5-13 (E. Belle Terrace, S. Oswell NW) to the Consolidated Maintenance District is generally described as an area bounded by a line approximately 1005 feet north of E. Belle Terrace on the north, S. Oswell Street on the east, E. Belle Terrace on the south and a line approximately 1325 feet west of S. Oswell Street 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 a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; 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 streets 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 5-13 (E. Belle Terrace, S. Oswell NW) is being EXHIBIT "1" -11 added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. 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 park and/or street landscaping have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The area will consist of residential and non-residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and 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 5-13 (E. Belle Terrace, S. Oswell NW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~RIGINA~::~ LEGAL DESCRIPTION Area 5-13 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of the NE IA of Section 3, T. 30 S., R. 28 E., M. D. B. & M., and more particularly described as follows: Beginning at the east quarter corner of said Section 3, the intersection of the centerlines of S. Oswell Street and E. Belle Terrace, also being the SE corner of said parcel, the SW corner of Tract 6140 Phase 1, recorded on July 15, 2003 in Book 50 of maps, pages 15-17 of Kern County Recorder's Office, and the POINT OF BEGINNING; THENCE (1) North 89° 41' 58" West along said centerline of E. Belle Terrace, also being the mid section line of said section 3, a distance of 1324.95 feet to the southwest corner of the southeast quarter of the northeast quarter of said section; THENCE (2) North 00° 42' 29" East, along the west line of said southeast quarter, a distance of 842.63 feet, to the northwest corner of said parcel; THENCE (3) South 89° 40' 40" East, a distance of 330.90 feet; THENCE (4) North 00° 40' 08" East, a distance of 12.21 feet; THENCE (5) South 89° 41' 51" East, a distance of 180.00 feet; THENCE (6) North 00° 42' 49" East, a distance of 150.09 feet; THENCE (7) South 89° 41' 51" East, a distance of 812.41 feet to a point on the center line of S. Oswell Street and the northeast corner of said parcel of land; THENCE (8) South 00° 36' 52" West along said center line of S. Oswell Street, a distance of 1004.76 feet, to a point of intersection with the center line of E. Belle Terrace, the east quarter corner of said Section 3, also being the POINT OF BEGINNING. Containing 28.69 acres, more or less, 12 industrial lots, 42 residential lots, etc. S:\PROJ ECTS\MAINDIST\LEGALS\Lega15-13.DOC EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY (AREA 5-13, EAST BELLE TERRACE, SO OSWELL NW) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA EXHIBIT ~' ~ ~ ORIGINAL 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) = 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 A~,% K~-~¢ Page 1 of 4~ ~ ORIGINAL 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" Page 2 of 4 F- rn 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 EDU REMARKS Polo Grounds (1-04) Undeveloped R-1 zoned 5 acres or more. Parkside Villaqe (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 Page 3 of 4~° ~ USE Union Avenue(4-07) Non Residential Silvercreek (3-04) 370-022-04 Chester Avenue (4-11 & 4-16) Wall Street (4-25) Baker Street (4-24) Baker Street II (4-29) Stockdale, Calloway (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"C" Page 4 of 4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 5-13 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 "1~~'~K~''~ ORIGINAL EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-13 Assessor's Tax No. 173-390-30-00-2 ASSESSMENT ROLL FISCALYEAR2004-2005 Total amount to be collected for FY 2003-2004 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" Recording reqnested 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 Tract No. 6132~ Phase 1~ lots 1 thru 12 and Phase 2~ lots I thru 42. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,200__, by ADH Corporation dba Advantage Homes, 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 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 __. Ow ner(s)/Developer(s): ADH Corporation dba Advantage Homes, a California Corporation City of Bakersfield: Thomas Hardt, President Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:,,PRO.IECTS\MAIN DIST',COVENANT\M D5-13 1'6132 doc