HomeMy WebLinkAboutROI NO 1224RESOLUTION OF INTENTION NO. 1224
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-19 (ROSCOMARE ST), 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 1-19 (Roscomare St), 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
13.04.130 of the Bakersfield Municipal Code; and
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(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 Tract No. 5991, 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:
herein.
The foregoing recitals are true and correct and are incorporated
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 1-19, Roscomare St), 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 1-19 (Roscomare St) 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 2
zone of benefit and is assessed an amount not to exceed $125.00 per equivalent dwelling
unit per year.
-oOo-
by the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
Council of the City of Bakersfield at a regular meeting thereof held on
N~iV 15 Z000 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex OfficiO Clerk of the
Council of the City of Bakersfield
APPROVED
NOV 15 2000
BOB PRICE
MAYOR of the City of Bakersfield
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 1-19 (Roscomare St)
Fiscal Year 2000-2001
Addition of territory, Area 1-19 (Roscomare St) to the Consolidated
Maintenance District is generally described as an area bounded by Verano Ct and Moraga
Ct on the ,north, the southerly prolongation of Victor Street on the east, Hageman Road on
the soutl~.Rockwell Drive 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 1-19 (Roscomare St) 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.
-z- EXHIBIT "1"
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 street landscaping has been installed. When
street landscape improvements have been completed, street tier 2 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.
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.
NOWTHEREFORE, I, PAUL M. ROJAS, DirectorofPublicWorks of the City
of Bakersfield, by virtue of the power vested in me and the orderof 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 1-19
(Roscomare St), subject to be assessed to pay the cost of maintenance and operation in
said area.
Dated: ~T ' '-
RAUL2 M. ROJAS
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 1-19
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 15, T 29 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the northeast corner of Lot 41, of Tract 5938 Phase Two, recorded
April 14, 2000, in book 45 of maps, at page 197, Kern County Recorder;
THENCE (1) South 89'J 05' 45" East, a distance of 1889.29 feet, to the beginning
of a non-tangent curve, concave westerly, having a radius of 1,355 feet, through
which a radial line bears South 74" 22' 31" East;
THENCE (2) Northerly along said curve through a central angle of 02~' 45' 34", an
arc distance of 65.26 feet;
THENCE (3) North 00° 54' 15" East, a distance of 103.51 feet;
THENCE (4) South 89° 05' 45" East, a distance Of 63.15 feet to the beginning of a
non-tangent curve concave northwesterly, having a radius of 1,400 feet, through
which a radial line bears South 81° 49' 11" East;
THENCE (5) Southwesterly along said curve through a central angle of 32° 23' 05",
an arc distance of 791.31 feet;
THENCE (6) South 40'J 33' 54" West, a distance of 512.28 feet, to the beginning of
a tangent curve concave southeasterly, having a radius of 1,400 feet;
THENCE (7) Southerly along said curve, through a central angle of 39° 21' 52", an
arc distance of 961.85 feet;
THENCE (8) South 01 ~' 12' 02" West, a distance of 374.28 feet;
THENCE (9) South 01 ° 09' 12" West, a distance of 54.28 feet;
THENCE (10) North 89' 10' 40" West, a distance of 342.61 feet;
THENCE (11) North 00'J 54' 15" East, a distance of 913.94 feet;
THENCE (12) North 89c 05' 45" West, a distance of 165.69 feet;
EXHIBIT "A"
THENCE (13) North 00~/54' 15" East, a distance of 618.87 feet;
THENCE (14) North 89'~ 05' 45" West, a distance of 53.93 feet;
THENCE (15) North 00~ 54' 15" East, a distance of 138.00 feet;
THENCE (16) North 89~ 05' 45" West, a distance of 442.96 feet;
THENCE (17) North 00': 54' 15" East, a distance of 588.13 feet, to the TRUE
POINT OF BEGINNING.
EXHIBIT "A"
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
CAREA 1-19, ROSCOMARE ST.) TO THE
ONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA.-~..~-,
DISTRICT BOUNDARY
i
i
NOT TO SCALE
EXHIBIT '~'B"
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 forthe 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
EXHIBIT
Page '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 EDU REMARKS
Agricultural Zone
1.0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0 Per pamel
Undeveloped R-1 zoned
5 acres OF 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 shaft 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
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
EXHIBIT~'C;'
Page 3 of 4 ".,
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.
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EXHIBIT '~C"' :,.',,.
Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-19
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 Balancel(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$0.00
S'PROJECTS/MAINDISTIEXHIBITD/MDI 19DWB2
: EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 1-19
FISCAL YEAR 2000-2001
Assessment Parcel No,
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 2000-2001
365-011-10-00-9
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
S/MAINDIST/EXHJBITE/MD1 19E WB3
EXHIBIT "E"
Page 1
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
TIllS SPACE FOR RECORDER'S USE ONLY
Tract No. 5991, l,ots I through 86
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of ,200__, by
Kvle Carter Homes, Inc., a California Corporation, (hereinafter, "Owner"), in connection with the
Consolidated Maintenance District, located in the City of Bakersfield, Calilbmia.
The real property herein described is located within Street Tier 2 of the Consolidated
Maintenance District, and may be assessed ibr maintenance of public landscaping on public rights-of-way
~vithin the district.
Although this property may have been assessed a lesser amount in the present tax year, the
ultimate estimated annual assessment lbr maintenance of public landscaping based on full buildout of this
district, is $125.00 per single tlm~ily 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 laud.
Dated this ~ day of
Owner(s)/Developer(s):
Kyle Carter Homes, Inc.
a Californian Corporation
,200__.
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
October 23, 2000
00-1384
Mr. Raul Rojas
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Attention: Deliver to Marian Shaw, Public Works Department.
Subject: Tentative Tract Map No. 5991
Dear Mr. Rojas;
In accordance with Bakersfield Municipal Code Chapter 13.04, I, Kyle Carter Homes
Inc., a California Corporation, as owner of property located within proposed Tentative
Tract Map No. 5991, hereby request the formation of a new maintenance district or
inclusion into an existing maintenance district for the property to be subdivided.
Enclosed is a check in the amount of $1760.00 to cover the costs of processing related
to district formation or inclusion.
[] Also, our engineer has prepared the enclosed disc copy of the above-mentioned
subdivision for your use.
[] As sole owner of the property involved in this request, I hereby waive the public
hearing portion of this district formation or inclusion into an existing maintenance district.
Please contact Harold Robertson at Porter-Robertson 327-0362, if you have any
questions.
Sincerely,
Property Owner
Kyle Carter Homes, Inc.,
A California Corporation
Kyl~e~:arter- P/i*esident
CITY OF BAKERSIqEId)
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 lielow, which are proposed
to be included in the Cily of Bakers~ehl Consolidated Maintenance Dislrict (hereinafier CMD).
This assessment ballot may be used Io express ellher snpport For or opposition to inclusion within the CIVID. To
be courtled, this assessment ballot must be signed below by the owner or, if the owner is not an individual, by an
authorized representative of the owner.
TO CAST THIS BALLOT, PLEASE RETURN TIllS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
Owner: KSr'Le C::~It~'T~P__.
Property description: '72!:Airfrr/i/E
(address, Ioi/blocl~tract or other legld)
Individual annual assessments shall not exceed $ I;~SO_.Q per equivalent dwelling tinit.
ASSESSMENT BALLOT MEASURE
Shall Ihe City Council of the City of
Bakersfield include the above described ~ Yes
Properly wilhin the Consolidated Maintenance
District and levy an assessment not to exceed 121 No
the amount set forlh above?
Owner Signature:
Title fif reprerentlng
Dale:
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALl FORNIA
County of Kern
PAMELA A. MCCARTHY
SS.
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 16TM day of November ,2000 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1224 passed by the Bakersfield City Council at a meeting held on the
15TM day of November 2000, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-19 (ROSCOMARE ST), 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.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
BY~~ie~
S:~DOCUment\FORMS~AOPOSTINGROI.WPD
November 16, 2000