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HomeMy WebLinkAboutROI NO 1165RESOLUTION OF INTENTION NO. 1165 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 1-13, CALLOWAY, S/MEACHAM), 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 therefor; and WHEREAS, the property owner(s) has requested the City Council to establish a maintenance district in accordance with the procedures established therefor 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 1-13, Calloway, S/Meacham) to the Consolidated Maintenance District, said additional territory 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 a description of public improvements to be maintained by assessments on parcels benefitted by those improvements and also containing the following: (a) a description of the boundary of the additional territory, attached hereto as Exhibit "A" and incorporated as though fully set forth; (b) a description of each parcel within the additional territory as shown on Map and Assessment Diagram, Exhibit "B," on file in the offices of the City Clerk and Public Works Director of the City; (c) the Benefit Formula set forth as Exhibit "C"; -1- 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 rlFC I ? 1997 , by the following vote: AYES: COUNCtLME~SER D~MOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO ,'.~, ' ~ c'r' .'-~ '~-"~'l~.~.t~j~ ~NT: COUNCILMEMbER '~, ~. CITY CLERK and Ex Offi~o Clerk of the Council of the City of Bakersfield APPROVED DEC ! ? 1997( MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY of the City of Bakersfield S:\PROJECTS\MAINDIST~ROI\MD1-13ri 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 1-13, CALLOWAY, SIMEACHAM) Fiscal Year 1997-1998 WHEREAS, on WEDNESDAY, December 17, 1997, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1165 to add territory to the Consolidated Maintenance District pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to make and file a Report; and WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows: Public Works Director's Report Addition of territory (Area 1-13, Calloway, S/Meacham) to the Consolidated Maintenance District is generally described as an area bounded by a line 500 feet south of Meacham Road on the north, Calloway Drive on the east, a line 1/4 mile south of Meacham Road on the south and a line 1/4 mile west of Calloway Drive on the west and 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 improvements. The improvements generally include, but are not limited to, plant forms, drainage facilities, irrigation system pipes, conduits, water mains and/or sprinkler systems therefore, sidewalks, walkways, and ornamental planting, including shrubs, ground covers and trees 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. EXHIBIT "1" -1- 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 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 1-13, Calloway, S/Meacham) 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 tier 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 will have an assessment of $22.94 per equivalent dwelling unit for fiscal year 1997-98, but will not be charged, for the 1997-98 fiscal year as shown in Exhibit "E" because landscape improvements have not yet been installed. When landscape improvements have been completed, street tier 1 assessments will apply. The area will consist of Commercial 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. -2- 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 1997-98 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 area (Area 1-13, Calloway, S/Meacham)subject to be assessed to pay the cost of maintenance and operation in said area. Dated: ~_-- 7 ~ - /, Z,';'K ~ 7~" / RAUL M..R~JAS-~ Director of'Public Works City of Bakersfield -3- Parcel IA 1-13 LEGAL DESCRIPTION (Con't) A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 19, T 29 S, R 27 E, M.D. B. & M., and more particularly described as follows: Commencing at the east quarter comer of said Section 19, said point also being the intersection of centerlines of Calloway Drive and Meacham Road, thence South 00© 06' 37" East, along the east line of said Section 19 also being the centerline of Calloway Drive, a distance of 512.25 feet, more or less, to the easterly prolongation of the north line of Parcel Map 9846 recorded August 8, 1997, in Book 48, Page 184 of maps in the office of the Kern County Recorder, and the TRUE POINT OF BEGINNING; THENCE (1) Continuing South 00° 06' 37" East, along said east line and centerline, a distance of 683.26 feet; THENCE (2) South 89© 57' 24" West, along the boundary line of parcel B of Parcel Map 9846 and the easterly prolongation thereof, a distance of 670.69 feet; THENCE (3) Continuing along the boundary of said parcel B, South 00© 05' 39" East, a distance of 130.09 feet, to the northwest comer of parcel C of said Parcel Map 9846; THENCE (4) North 89© 59' 20" East, along the north line of said parcel C, and easterly prolongation thereof, a distance of 670.72 feet to intersect the east line of'said Section 19; THENCE (5) South 00© 06' 37" East, along said east line, a distance of 10.00 feet, to the easterly prolongation of the south line of said Parcel Map 9846; THENCE (6) South 89© 59' 20" West, along the south line of said Parcel Map 9846 and easterly prolongation thereof, a distance of 1341.70 feet, to the southwest comer of said Parcel Map; THENCE (7) North 00© 00' 04" West, along the west line of said Parcel Map, a distance of 820.08 feet, to the northwest comer of said Parcel Map; THENCE (8) North 89© 49' 48" East, along the north line of said Parcel Map and easterly prolongation thereof, a distance of 1340.13 feet to intersect the east line of said Section 19 and the TRUE POINT OF BEGINNING. EXHIBIT "A" 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) 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 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 EXHIBIT "C",: Pa'ge 1 of;'4 EQUIVALENT DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (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 Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use EDU REMARKS 1.0 Per parcel 1.0 Per parcel 4/acre 1/acre 0.71/unit 0.71/unit 6/acre 0.71/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 1.00/unit 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 Undeveloped 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 or 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 qf4 USE Union Avenue Non Residential Silvercreek 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:\PROJ\MD\FORMULAS\EXHIBITCx EXHIBIT "C,' Page 4 of 4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-13 Said assessment is made in accordance with the benefit formula attached hereto. 1997 - 98 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 CHARGED $0.00 $0.00 $0.00 $o.oo EXHIBIT"D" S\PROJ\MAINDIST~ROI\1-13ExhD EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-13 FISCAL YEAR 1997 - 98 Assessment Parcel as shown on Exhibit "B" Total Charge Total Assessment* 1997-98 1997-98 Parcel A $0.00 $2133.42 Parcel B $0.00 $933.20 Parcel C $0.00 $19.27 This is the amount that would have been charged had the landscape improvements been installed (based on $22,94 per Equivalent Dwelling Unit). S\PROJ\MAINDIS~ROI\1-13ExhE EXHIBIT"E" AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) ) SS. 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 18th day of December, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1165, passed by the Bakersfield City Council at a meeting held on the 17th day of December, 1997, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 1-13, CALLOWAY, S/MEACHAM), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMIN(; 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 DEPUTY City Clerk MAP AND ASSESSMENT DIAGRAM FOR I ADDITION OF TERRITORY (AREA 1-1,3) TO THE ~ CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~',-~ ,'- ,~' _ /~.~- ~ MEACHAM ROAD N 89' 49' ,k9° E PM PARC:EL A 9846 PARCEL B ~,. PARCEL C EXHIBIT "B"