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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. -oOo- _2¸_ 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 S:\PROJECTS\MAINDiS'RROI'dV1D3-12ri00,wpd Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" -3- 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 -2- 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. S:\PROJECTS\MAINDIST\LEGALS\Lega13-12wpd 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. S:\PROJECTS\MAINDIST~FORMUI~,S\FxhC00.wpd 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 S:/PROJECTS\MAtNDIST~EXHISITD\MD3-12D.WB2 :'~: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 S:\MAINDIST~EXHIBITBMD3-12E.WB3 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. S:XPROJXMD\COVXST&PK 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 ~ S:\DOcument\FORMS~AOPOSTI NGROI .WPD August 17, 2000