Loading...
HomeMy WebLinkAboutROI NO 1220RESOLUTION OF INTENTION NO. 1220 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-18 (STOCKDALE, CALIFORNIA NE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT 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 the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the several lots or parcels 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 Consolidated 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 1-18 (Stockdale, California NE), to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including 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 -1- ORIGINAL 13.04.130 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 Bakersfield has received a letter from the owner(s) of the property described in Certificate of Compliance for Lot Line Adjustment No. 377 recorded Feb 7, 2000 as instrument No. 0200014631, Kern County Recorder, 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 IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public. Works Director's Report and declares that the territory within the boundaries so specified and described is the area, (Area 1-18, Stockdale, California NE), benefitting from said local 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 1-18 (Stockdale, California NE) 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 identified in Exhibit "E" is included in the Street Tier 1 zone of benefit and is assessed an amount not to exceed $100.00 per equivalent dwelling unit per year. -o0o- -2- 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 SEP 18 2000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN~ SALVAGGIO R lerk of the Council of the City of Bakersfield APPROVED SEP l~ ZOO0 BOB PRI MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\PROJECTS\MAINDIST\ROI\MD1-18ri00.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 1-18 (Stockdale, California NE) Fiscal Year 2000-2001 Addition of territory, Area 1-18 (Stockdale, California NE) to the Consolidated Maintenance District is generally described as an area bounded by Business Center Drive on the north, a line 750 feet east of California Avenue on the east, Stockdale Highway on the south, and California Avenue 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 tuff 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 1-18 (Stockdale, California 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 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 $100.00 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, street tier I assessments will be assessed. The area will consist of nonresidential 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 TH EREFORE, 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 1-18 (Stockdale, California NE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAU~;./R/~OjAS Director of Public Works City of Bakersfield -2- LEGAL DESCRIPTION Area 1-18 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 34, T 29 S, R 27 E, M. D. B. & M., and more particularly described as follows: Commencing at the intersection of the centerlines of California Ave and Business Center Drive, as shown on Certificate of Compliance for Lot Line Adjustment No. 377, recorded February 7, 2000 as document No. 0200014631 O.R. in the office of the Kern County Recorder, thence South 00© 03' 57" East, along said centerline of California Avenue, a distance of 30.00 feet, to intersect the westerly prolongation of the south right of way line of Business Center Drive and the TRUE POINT OF BEGINNING; THENCE (1) North 89° 55' 20" East, along said south right of way line and westerly prolongation thereof, a distance of 602.22 feet, to the beginning of tangent curve, concave southwesterly having a radius of 25.00 feet; THENCE (2) Southeasterly along said curve through a central angle of 29° 35' 31 ", an arc distance of 12.91 feet, to the beginning of a reverse curve, concave northerly, having a radius of 90.00 feet; THENCE (3) Southeasterly and northeasterly along said curve through a central angle of 65© 51' 34", an arc distance of 103.45 feet; THENCE (4) South 16° 43' 21" East, a distance of 123.08 feet; THENCE (5) South 00° 05' 52" East, a distance of 624.69 feet, to a point on the centerline of Stockdale Highway; THENCE (6) South 89° 56' 08" West, along said centerline, a distance of 442.57 feet, more or less to intersect the southerly prolongation of the east line of Parcel B of Parcel Map 3780, recorded October 29, 1976, in Book 17, Page 12 in the office of the Kern County Recorder; THENCE (7) North 00° 03' 57" West, along said east line and prolongation thereof, a distance of 335.05 feet, to the northeast corner of said Parcel B; EXHIBIT "A" THENCE (8) South 89° 56' 03" West, along the north line of said Parcel B and prolongation thereof, a distance of 305.27 feet to a point on the centerline of California Avenue; THENCE (9) North 00° 03' 57" West, along said centerline a distance of 404.98 feet to intersect the westerly prolongation of the south right of way line of Business Center Drive and the TRUE POINT OF BEGINNING. EXHIBIT "'A'" S:\PROJECTS\MAINDIST\LEGALS\LegaI1-18.wpd MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-18, STOCKDALE, CALIFORNIA TO CONSOLIDATED MAINTENANCE DISQRICT BAKERSFIELD, CALIFORNIA PM 5531 / N89*S5'20"E 308.47' ~ ,~ PARCEL 1 0 - 87,619 sq. ft. ~ ~ 2.01 acres (,) ~ ss.~L I .o ZI %- (N89'56'OB"E) THE (1323.86') SOUTH LINE SEC. 3~, 29/27 M.D.M. NOT TO SCALE BUSINESS CENTER DR. ~1 ' ~'3 N89'55'20"g 293,75' \ PARCEL 2 [ 266,335 sq. fL PARCEL PARCEL 3 fDISTRICT BOUNDARY fl STOCKDALE HIGHWAY BASIS OF BEARINGS /-K.C. SURVEYORS CONC. MON. MK'D. FOR SEC. CORS. 2, 3, 34 & 35. DAY 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. In the Berkshire area (3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street landscaping. (2) shall be the dollar amount budgeted forthe 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 Pa~,~, 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. Pa~ 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 Undeveloped R-1 zoned 5 acres or more. Parkside Villaqe 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 & Verduqo, Seven Oaks, North & South Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue Stockdale, California NE Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage Page ;~ of 4 ~" USE EDU REMARKS Non Residential 3 Per parcel Silvercreek 370-022-04 0.71/unit 12 units/Acre Shall be charged at R-3 rate as per GPA Resolution No. 22-94 Chester Avenue 6/acre Area for each parcel is based 50% on lot area and 50% on building area. S:\PROJECTS\MAINDIST~FORMULAS\ExhC00.wpd EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-18 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 Uffiities) Estimated Beginning Fund Balancel(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 $0.00 S:\PROJECTS~,4AINDIST~SXHIBIT~%MD1-18D,~VB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-18 FISCAL YEAR 2000-2001 Assessment Parcel No. as shown on Map Exhibit "B" Total amount to be collected for FY 1999-2000 331-032-16-00-3 331-032-18-00-9 331-032ol 9~00-2 331-032-20-00-4 $0.00 $0.00 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" Page I ;ROCER Y COMPANY GENERAL OFFICES June25, 1999 City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 ATTN: Marjan P. Shaw Re: Inclusion of RALPHS Property in a Maintenance District Gentlemen: We, the undersigned, as owners of the property included within Parcels I & II of Parcel Map 3933 and Parcel C of Parcel Map 3780, hereby request that the property be included within the Consolidated Maintenance District. This request is pursuant to the requirements of Municipal Code Section 13.04.021. Enclosed is a check in the amount of $1,489.00 to cover the costs mentioned above. Further, our engineer will supply you with a disk copy of the Parcel Maps for your use. We also waive our right to any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of or inclusion in a maintenance district. We have signed and are returning the enclosed Proposition 218 ballot (Official Assessment Ballot) indicating our consent to the assessments. (~f2y°urs' Dave Campbe~/~ Store Planner C,'unp-City Bakers~eld. ltr RALPHS · FOOD 4 LESS · BELL MARKETS · CALA FOODS * FOODS CO CITY OF BAKERS FIELD CONSOLIDATED MAINTENANCE DISTRICT IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which parcel(s) is proposed to be included in the City of Bakersfield Consolidated Maintenace District (hereinafter CMD). This assessment ballot way be used to express either support for or opposition to inclusion within the CMD. In order to be counted, this assessment ballot must be signed below by an owner or, if the owner is not an individual, by an authorized representative of the owner. TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE OFFICIAL ASSESSMENT BALLOT Owner RALPHS Grocery Company Property description Parcels I & II Parcel Map 3933 & Parcel C Parcel Map 3780 Individual assessments shall not exceed $ / ~ "' Per equivalent dwelling unit. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described Property within the Consolidated Maintenance District and levy an assessment not to exceed The amount set forth in the attachment? Yes X No Date ~ ~/~ ,7 ,1999 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. 3933, Parcels I & II and Parcel Map No. 3780, Parcel C COVENANT DISCLOSING INCLUSION IN MAINTENANCE D][STRICT THIS COVENANT is executed on this __ day of ,200--, by Ralphs Grocerv Company, (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 1 of the Consolidated Maintenance District, and may be assessed for maintenance of 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 $100.00 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): Ralphs Grocery Company ,200___. City of Bakersfield: Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:\PROJ\MD\COV\ST AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) 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 14TM day of September ,2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1220 .passed by the Bakersfield City Council at a meeting held on the 13TM day of September 2000, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-18 (STOCKDALE, CALIFORNIA NE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. Is/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield By: S:\Document~FORMS~AOPOSTINGROI.WPD September 14, 2000