HomeMy WebLinkAboutROI NO 1219RESOLUTION OF BNTENTION NO. 1219
A RESOLUTION DECLARING }NTENTION TO ADD
TERRffORY, AREA 3-12 (AKERS, MCKEE SW), TO THE
CONSOLtrIATED MAINTENANCE DISTRBCT,
PRELIMINARILY ADOPTING, CONFiRMiNG AND
APPROVING THE PUBLIC WORKS DIRECTOR"S REPORT,
THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF
THE BENEFff FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide
for the payment of the whole or any part of tlhe costs and expenses of maintaining and
operating any public improvements which are local in nature, from annuaB benefit
assessments apportioned among the several lots or parceBs of property within the
maintenance district established therefore; and
WHEREAS, the property owner(s) has requested the City Council to include
the property within the Consogidated Maintenance District in accordance with the
procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of the
City of Bakersfield and the Public Works Director recommends addition of territory to the
Consolidated Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
add territory, Area 3-12 (Ake, rs, McKee SW), to the Consolidated Maintenance District, said
area is generally described in Exhibit "A'" attached hereto, to maintain and operate the local
improvements including a public park and public street landscaping; and
WHEREAS, the Public Works Director has on this .date filed with the Clerk
of said Council his Report, attached hereto and incorporated herein by reference as Exhibit
"1", containing the following:
(a)
a description of the boundary of the additional territory, attached
hereto as Exhibit "A"; and
(b)
a map and assessment diagram of the additional territory, attached
hereto as Exhibit "B"; and
(c) the benefit formula set forth as Exhibit "C"; and
(d)
a budget, Exhibit "D," containing the matters specified in Section
13.04.1[ 30 of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E"; and
WHEREAS, the City of Bakersfie~d has received a ~etter from the owner(s)
of the property described in Tract 5944, 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;
and
WHEREAS, said property owner(s) has returned his assessment ballot
indicating his support of the proposed assessments and inclusion in the Consolidated
Maintenance District.
NOW THEREFORE, BE BT RESOLVED by the City Council of the City of
Bakersfield, State of California, as fofiows:
1. The foregoing recitals are true and correct and are incorporated
herein.
2. The City' Council hereby preiiminarily adopts and approves the Public
Works Director's Report and decBares that the territory within the boundaries so specified
and described is the area, (Area 3-12, Akers, McKee SW), benefitting from said bcal
improvements; that the expense of maintaining and operating said improvements is hereby
made assessable upon said area; and that the exterior boundaries thereof are hereby
specified and described to be as shown on that certain map marked Exhibit "B', attached
hereto and incorporated in this resolution as though fully set forth herein, entitled "Map and
Assessment Diagram for Addition of Territory, Area 3-12 (Akers, McKee SW) to the
Consolidated Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated Maintenance
District and shall govern for all details as to the extent of the addition.
3. Each parcel ider!tified in Exhibit "E" is included in the Street Tier I and
Park Tier 1 zones of benefit and is assessed an amount not to exceed $125.00 per
equivalent dwelling unit per year.
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I HEREBY CE:RTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof he~d on
AUG 16 ZOO0 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, B, EMOND, MAGGARD, COUCH,
COUNCILMEMBER NO N E.
COUNCILMEMBER r-4o ~ ~,
COUNCILMEMBER ~G ~ ~L
SULLIVAN, SALVAGGIO
ITY CLERK a; d Ex
CCouncil of the City of Bakersfie~d of the
APPROVED
AUG 16 21300
BOB PR
MAYOR of the City of Bakersfie~d
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF 'TERRITORY, AREA 3-12 (AKERS, MCKEE SW)
Fiscal Year 2000-2001
Addition of territory, Area 3-12 (Akers, McKee SW) to the Consolidated
Maintenance District is generally described as an area bounded by McKee Road on the
north, Akers Road on the east, a line 1/4 mils! south of McKee Road on the south, and a
line 3/8 of a mi~e west of Akers 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 sE;t 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, 0alerted to as the Maintenance District Procedure, the Public
Works Director makes and files this Report and proposed assessment of and upon all
pareels 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 rustrooms; 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 aE8 additions and improvements thereto which may hereafter be made.
For many years, public parks, publEc street median and other pubBic street
Dandscaping improvements in the Cib/were maintained through traditional tax revenues.
After Proposition 13, in 19:78, funds available for maintenance and operation of parks,
street median and other strE;et landscaping improvements were substantially reduced. At
present, the City"s budget does not allow for maintenance and operation of park and street
Bandscaping improvements; of the type described above. Thus, without funds for
maintenance and operating costs from a soume 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 3-12 (Akers, McKee SW) is being added to the
Consolidated Maintenance District for the maintenance of a park and public street median
and other street ~andscaping. The area will be assigned. appropriate park and street tiers
in the Consolidated Maintenance District so that each parcel wilt 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, park
tier 1 and street tier 1 assessments will be assessed.
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.
A public park and publk; 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 :.~orth 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 2000-2001 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 3-12
(Akers, McKee SW), 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
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Area 3-12
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a
portion of Section 35, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows:
Beginning at the center of said Section 35, said point also being the intersection of
centerlines of McKee Road and Akem Road;
THENCE (1) South 00°35' 06" West, along the centerfine of Akem Road, a distance of
850.01 feet;
THENCE (2) North 89° 04" 57" West, a distance of 862.45 feet;
THENCE (3) South 00° 55" 03" West, a distance of 468.02 feet;
THENCE (4) North 89° 04' 14" West, a distance of 1,116.79 feet:
THENCE (5) North 00° 34' 35" East, a distance of 1,317.81 feet;
THENCE (6) South 89° 04' 57" East, along the centerline of McKee Road, a distance of
1982.15 feet to the TRUE POINT OF BEGINNING.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-12, Ak(ERS AND MCKEE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
]BAKERSFIELD, CALIFORNIA ~
NOT TO SCALE
J I CL MC KEE ROAD
LOCATION
Ef~H B ::T!::: "B ",'
CONS.OL~DATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel in the Street Landscaping Zone of E3enefit 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 shah be assessed the sum of
the amounts as defined in (1) and (2) beDow:
(1) shall equal the diollar amount budgeted forthe maintenance and operation
of the STREET LANDSCAPING (S} within the district, adjusted for prior year
fund baaance 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 Bevel, 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 industriag parcels with no existing adjacent median or street landscaping shall
be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area (3-06)
and the Hosking, South H area (5-03), only subdivided parcegs will be assessed for street
landscaping.
(2) shalg be the doilar 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 Bevel, which equals the park tier
number, and;
The total number of park EDU's in the district.
(2) = F~ x a x t
b
Page, 1 of 4
EQUIVALENT DWELLING UNIT (EDU) CHIART
An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shall be
calculated by use or potentiiaB 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 Of more,
4~cm
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned,
less than 5 acres.
l/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"
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
Undevebped R-1 zoned
5 acres or more.
Parkside Village
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 & Verdugo,
Seven Oaks, North & South
Undeveloped R-1 zoned
5 acres OF more
3/acre
California Avenue
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
EXHIBIT "C
Page 3 of
USE
Union Avenue
Non Resident/aM
SiEvercreek
370-022-04
Chester Avenue
EDU
3
0,71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
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EXHIBIT,?~C'' ,:
Page 4:,j,of 4
EXHIBIT "D"
MAINTENANCE DISTRIC'fi' AREA 3-12
Said assessment is made in accordance with the benefit formula attached hereto.
2000-2001
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO I=~E ASSESSED
$0.00
$0.00
$0.00
$0.00
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:'~:EXHIBIT"'D'"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTEENANCE DISTRICT AREA 3-12
FISCAL YEAR 2000-2001
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 1999-2000
514-020-02-00-8
514-020-03-00-1
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Counciil of the City of Bakersfield
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EXHIBIT "E"
Page I
hne 30, 2000
City of Bakers~eld- Public Works Department
Attn: Marjan P. Shaw
1501 Truxtun Avenue
Bakersfield, California 93301
Inclusion of Tract Map No. 5944 in
a Maintenance District
Dear Ms. Slmw:
We, the undersigned, as o~ers of the property included within Tract Map No. 5944 hereby
request that the property be included within the Consolidated Maintenance District. This request
is in accordance with the requirements of Bakers~eld Municipal Cede Section 13.04.021.
Enclosed is a check in the amount of $2027.00 to cover the costs of inclusion within the
Consolidated Maintenance District. Fm'thermore, our engineer will supply you with a computer
disk copy of the map for your use.
We also waive our right to any and all hearings in accordance with the Brown Act, the
Bakersfield Municipal Code, and/or any other law, conearning the formation of or inclusion in
the maintenance district. We have si~md and am returning the enclosed Proposition 218 ballot
indicating our consent to tlm assessment.
Very truly yours,
HERSHEL AND CLARISSA MOORE PROPERTIES,
a Limited Partnership
Hershel Moore, Partner
Encl.
CITY OF BA,~RS~:T.n -'
CONSOLr~ATED MAIiNTF.~YA,~CE DISTRICT
iMPORTANT
OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessmen: ballot is.for th.e use of the ?roper'cy owner of Qe t~arcei(s) identified below, which are proposed
to be L~ctuded ia the City ofBake~ieid Cansa[idaed ,2vi~imenaace Dis~ct (hereither CMD).
Ti; assessment ballot may be use& to express ekher support for or opposition to inci~iort withir~ ~e C~. To
be c:oun~e{ ~is ~sessmen~ b~ot rn~t be si~ed bebw by ~e o~er or, ~tke o~er is ao~ ~ ~i~du~, by an
~m~e6 repr~senta~ve of the owaer.
TO CAST TK[S BALLOT, PLEASE RETU2%.Y TT~2S EN'[~-~. PAGE
OFFtC1F, L ASSESS IENT BALLOT
Ladividual ar~uel ~ssessmen:s sh~ not exceed $. ~,25 00 per equi~en: dwefg uri:.
ASSESSiM~'N'E BALLOT
Shall the Ci'~ Council of th. e Cky Of
Bakersfield include u~e above described ~ Yes
Properq~ ~:L~dn the Conso[idaed Main:chance
Dis~c~ and Levy ~n ~sessmen~ not to exceed C~ No
the aznoun: sea for:h ~ove?
Date:
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City C!erk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Tract No. 5944 Phase 3[ Lot Nos. 1 through 28
COVENANT DISCLOSING ]INCLUSION I!N MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of ,200__,
by Hershel and Clarissa Moore Properties, a Limited Partnershin, (hereinafter, "Owner"), in connection with
the Consolidated Maintenance District, located in the City of Bakersfield, California.
The real property herein described is located within Street Tier I and Park Tier 1 of the
Consolidated Maintenance District, and may be assessed for maintenance o~ public landscaping on public
rights-of-way within the district.
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 single family dwelling, based on 2000 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
Owner(s)/Developer(s):
Hershel and Clarissa Moore Properties
a Limited Partnership
,200 _.
City of Bakersfield:
Hershel Moore, Partner
Raul M. Rd'jas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CAUFORNIA)
County of Kern )
PAMELA A. MCCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 17th day of Auqust ,2000 she posted on the Bulletin
Board at City Hall, a fall, true and correct copy of the foUowing: ResoBution of
Intention No. 1219 .passed by the BakersfieBc] City Council at a meeting held on the
16th day of August 2000, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 3-12 (AKERS, MCKEE SW), TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMiNARILY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS D]RECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITgON, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT C)F THE ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
By: ~'~ ~ I~
y City C~erk ~
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August 17, 2000