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HomeMy WebLinkAboutMD Packet 1-13MD r_ j3 NOTICE OF EXEMPTION T0: County Clerk COUNTY. OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 ~~ BERN Ct?UNTY Appendix I Project Title: Addinc,~Territor~(Area 1-13. Calloway SlMeacham) to the Consolidated Maintenan~ District. Project Location-Specific: enerally bounded by a line 500 feet south of Meacham Road on the north. Calloway Drive on theeast, a line 114 mile south of Meacham Road on the south and a line 114 mile west of Calloway Drive on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public. street and median landscapina improvements. Name of Public AgencyApproving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS Exempt Status: (Check One) _ Ministerial (Sec. 21080 (b) (1);15268 (a); _ Declared Emergency (Sec. 21080 (b) (4); .15269 (b) (c}; _ Emergency Project (Sec. 21080 (b} (4);15269 (b) (c); x Categorical Exemption. State type and section number. Section 153050 _ Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration in land use limitations with addition of territory to an existina Maintenance District. CEQA auideline. City of Bakersfield Resolution No. 212-92. Lead Agency Contact Person: Marian Shaw Area CodelTelephone/Extension:(805) 326-3579 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes x No ~~ Signature °~ ~ ~ ~ ~ ' ~ Date: ~ Si ed by Lead A cy Date re eived for filing at OPR: _ igned by Applicant atice of ~~v~r~~r~enta~ ~~~ ment Pasted by Jaunty Clerk on and for 3~ days thereafter, Pursuant to section X11 a2(C~, Pu~~ia Resources Cce ,~, ~S3 GALLOWAY CAPITAL ASSOCIATES 2b08 ALDER STREET BAKERSFIELD, CA 93301 August 7,1997 Marian P. Shaw City of Bakersfield 1501 Truxtun Avenue Bakersfield, Ca 93301 Subject: Parcel Map #984b Dear Marian: Derrels Mini Storage, as future owner of the property included within parcel map #9846, hereby .requests the formation of a new temporary maintenance. district for the property, The subdivider shall pay all costs for establishing a new maintenance district or inclusion of the subdivision into an existing maintenance district, It is our. understanding the. parcels within his Parcel Map are to be categorized as Tier 1 type with proportional costs to be for median island maintenance only, as it ertains to the P frontage of these parcels. No assessments will be charged for maintenance until such time as the City accepts the completion of these landsca ed im rovements on Callowa Drive P p y and there is occupancy on these parcels. Enclosed is a check in the amount of $1,639.00 to cover the costs mentioned above. Lastly, as the +e owner of the property involved in this request, we hereby waive the public hearing of this district formation, which should help expedite. this rocess. P Your assistance with this matter is greatly appreciated, Sincerely, L~ Paul J. Andre, General Partner, Calloway Capital Associates September 30,1997 Derrel's Mini Storage, Inc. 3265 W. Ashlan Avenue Fresno, California 93772 Attn: Derrel Ridenour Subject; Inclusion of Parcel Map 9846 in a Maintenance District Gentlemen: We have received your letter of August 7, 1997 requesting that the property within Parcel Map 9846 (Calloway Drive) be included in a maintenance district. Your letter also stated that you waive your rights to a public hearing for the formation of a district. Due to Proposition 218 we need some additional wording from you before we can waive the hearings. Therefore, we are requesting that you submit a letter on your letterhead with the additional wording (see attached sample letter). Without this letter we will have to go through the 2 month hearing process. Waiving your rights to the hearings will not affect the cost to you either in the formation of the district or the annual assessment. Your cooperation will be greatly appreciated. If you have any questions or need additional information please call Lauren Dimberg at (805) 326-3585. Very truly yours, RAUL M. ROJAS Public Works Director By: Jacques R. LaRochelle Engineering Services Manager Attachment LDILETTERIPM9846WV SAMPLE LETTER (LETTERHEAD) (Date) City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attn: Marian P. Shaw Subject: Inclusion of (T'ract/Parcel Map) in a Maintenance District Gentlemen: We, the undersigned, as (future) owners of (describe property to be included in the district) hereby waive our right to any and all hearings (whether pursuant to the Brown Act, Proposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for a traffic signal maintenance district}. We also waive all rights under Proposition 218 to formally vote for these assessments and, by signing this letter, indicate our consent to the above assessments. Very truly yours, (Name) (Title) LD:ILETTERISMPLWAIV September 30,1997 Calloway Capital Associates 2608 Alder Street Bakersfield, California 93301 Attn: Paul J. Andre Subject: Inclusion of Parcel Map 9846 in a Maintenance District Gentlemen: We have received your letter of August 7, 1997 requesting that the property within Parcel Map 9846 (Calloway Drive) be included in a maintenance district. Your letter also stated that you waive your rights to a public hearing for the formation of a district. Due to Proposition 218 we need some additional wording from you before we can waive the hearings. Therefore, we are requesting that you submit a letter on your letterhead with the additional wording (see attached sample letter). Without this letter we will. have to go through the 2 month hearing process. Waiving your rights to the hearings will not affect the cost to you either in the formation of the district or the annual assessment. Your cooperation will be greatly appreciated. If you have any questions or need additional information please call Lauren Dimberg at (805) 326-3585. Very truly yours, RAUL M. ROJAS Public Works Director By: Jacques R. LaRochelle Engineering Services Manager Attachment LDILETTERIPM9846WV SAMPLE LETTER (LETTERHEAD) (Date) City of Bakersfield Public Works Department 15 01 Truxtun Avenue Bakersfield, CA 93301 Attn: Marian P. Shaw Subject: Inclusion of (Tract/Parcel Map) in a Maintenance District Gentlemen: We, the undersigned, as owners of (describe property to be included in the district) hereby waive our right to any and all hearings (whether pursuant to the Brown Act, Proposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for a traffic signal maintenance district). We also waive all rights under Proposition 218 to formally vote for these assessments and, by signing this letter, indicate our consent to the above assessments. Very truly yours, (Name) (Title) LD:ILETTERISMPLWAIV MAP AND ASSESSMENT DIAGRAM FOR I ADDITION OF TERRITORY (AREA 1-13) TO THE a CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA K~ ~ ~~ MONUMENT !N LN. PER K.C.S~ F.&, BK. 1009-P~ 49 EAST i/4 CORNER SEA 19 T. ?9 S R. ?7 ~, AI.D.M. ~ MEACHAM ROAD N .~ N 0 0 3 0 °o °o 2 FlLEO IN THE OFFlCE OF THE qTY CLERK THIS OAY OF 1997. BAKERSflEID, CAUFORNIA AN ASSESSMENT WAS LEVIED 8Y 1HE qTY COUNgI ON THE ~,4TS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED CN THE DAY OF . 1997; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROII WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID qTY ON THE DAY OF 1997. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT gAGRAM. BAKERSflEID, CALIFORNIA 1341. J0' PARCEL C RECGRDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WGRKS THIS OAY OF .1997. 3 I Iw A 0 N N 1~ 10.00' BAKERSflEID, CALIFORNIA FILED FOR RECORD THIS OAY OF 1997, AT _,M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFlCE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. COUNTY ASSESSOR - RECDRDER BY CHIEF DEPUTY RECORDER ,:,,..:, FILE: 1498JOHN SHEET t of t NOTICE OF EXEMPTION T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Appendix I Project Title: Adding Territory,~Area 1-13. Calloway S1Meachaml to the Consolidated Maintenana~ Dis rict. Project Location-Specific: eg.. nerally bounded by a line 500 feet south of Meacham Road on the north. Calloway Drive on the east. a line 1l4 mile south of Meacham Road on the south and a line 14 mile we f C ilowau Drive on the west. Project Location-City: Bakersfield Project Location-County: Kem Description of Project: Maintenance of public street and median landscaping improvements. Name of Public Agency Approving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS Exempt Status: (Check One) _ Ministerial (Sec. 21080 (b) (1);15268 (a}; _ Declared Emergency (Sec. 21080 (b) (4};15269 (b) (c); _ Emergency Project (Sec. 21080 (b) (4);15269. (b) (c); x Categorical Exemption. State type aid section. number. Section 15305(f ) _ Statutory Exemptions. State -code number. Reasons why project is exempt: Minor alteration in land use limitations with addition of temtorv to an existing Maintenance District.. CEQA guideline. City of Bakersfield Resolution No. 212-92. Lead Agency Contact .Person: Main haw Area CodelTelephonelExtension:(8051326-3579 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exempfion been filed by the public agency approving the project? Yes No Signature' ~ • ,~~ Q~~~ Si ed by Lead A cy Date rE igned by Applicant Da ~ .~yvr C'S /~~~~~~ ems' ived for filing at OPR: ,. a k mini STU~H~~. ANC. CORPORATEOFfiCE 3Zb5 W. ASHLRM RVE., FRESNO, CA 93TZZ (209) 224.99g0 .au~~ust 7,1997 Marian P. ~ha~r ~it}~ ofi' Bak~rsf~eid l ~0 ~ ~'~~•tun A~tenue $~kcrsf elcl, ~a~ifc~rnia 9301 ~~; parcel Map ~9~~~ ~~ar I~'1~xiarr, FfiX: 1209) 2Z4-]884 Ferrel ~, ~lC~~n4ut', as future owner aft~~ pr~per`y i~~.~l.udcd withi;~ parcel i~~~a~ ~t~~~~, ~aereby recluest~ the f~rm~tion of a new temporary maintenance district fc~r ~hc ~r~pertV~ ~'~~ subdivider shall 1~~~' the ~~sts fir establishing a new mainten~nGe distri~, ~r in~iusa~n o~the subdi~risior~ infa an cxistir~~ rn~.intenance district, ~~ is understood-that the cost of this ~~ ~,~~~,~~ which will be ~ai~ b ~~. Fau) A-~~~! ~h~ ~urre~~~ owner. Y It is further ~t~d~rst~d that the parcels within thi3 parcel M~~ ~r~ ~~ be c~t~~~ri~ed as "Fier one}' with associated ~~sts t~ b~ fir. ~edxan i~Iand ~na~nteha.nc~ ~nly~ as it pertains tc~ the tronta~e of t~~ese parc+~ls. ~~~ assessrr~~nts ~~ll be charged for m.aint+e~~az~ce until ~z,~-~ tir~.~ ~~ the pity a~~~pts the carnpletion ofthese ins r~~ren~ent:~ ~n ~all~~va~ l~xi~~~ aid ~~ceupanc~~. La~stl~, as ~ture o~tner ofthe property in~ol~ved in this request, ~~~~ beieb~. ;,~~itre t)~e pi~blkC h~atin~ ~4~f' ~h~ ~~s~rt~t form~t~~n~ Wh1~~3 should expedite t~li~ pI'C~c~S~. Tha~n~ you far Maur help ~~d c~nsi.deratioa~ in this matte~•, ~incerel~, Darrel A. Ridenour Chief Executive Oi~ic~r o:~:~a ~. ~~: ~au1,A~ndre ~~frn Marini GALLOWAY CAPITAL ASSOCIATES 2608 ALDER STREET BAKERS'FIELD, CA 93301 August 7,1997 Marian P. Shaw City of Bakersfield 1501 Truxtun Avenue Bakersfield, Ca 93301 Subject: Parcel Map #9846 Dear Marian: Derrels Mini Storage, as future owner of the property included within parcel map #9846, hereby requests the formation of a new temporary maintenance district for the property. The subdivider shall pay all costs for establishing a new maintenance district, or inclusion of the subdivision into an existing. maintenance district. It is our understanding the parcels within this Parcel Map are to be categorized as Tier 1 type -with proportional costs to be for median island maintenance only, as it pertains. to the frontage of these parcels. No assessments will be charged for maintenance until such time as the City accepts the completion of these landscaped improvements on Calloway Drive and there is occupancy on these parcels. Enclosed is a check in the amount of $1,639.00 to cover the costs mentioned above. Lastly, as the a owner of the property involved in .this request, we hereby waive the public hearing of this district formation, which should help expedite this rocess. p Your assistance with this matter is greatly appreciated. ~. Sincerely, ~x~~-~ Paul J. Andre, General Partner, Calloway Capital Associates TRW REDI Property Data: Kern, CA,1996-97 - 450-Index, Sheet:1 of 2 ~,~~~ ,~; ~.. Y~ ~ ~3 e A i pM ~~ ~~ «~ a Q ~3 ~a ~~ ~ o. ~~ ~' ~ ~ 1 .~ ,~ I ~ I b ~ I ----- --l82~.9 _._.... .... ~.... i I o ~~ _~__.__ 1831.88_..._._.-_ ~a ~ ~ `~ ~i ~u~ ~L N + ~ -- ~~- ~ . + ~ + a ~ I ~ ` ~ `~ ~ w~ D ~ ~ U~ ~~ ` I ~ ~ ~ ~ a. q V ~ ~ I v I~ ~ ~ ~ ~ f 0D -~ HaLeROar sr ~ ~ ~ -- -- - -- ~,.~_ ~..~: f ` a ~_ ~ TRACT ~ ~ ~ ASLIIV sr, ~~, ( 2741 ~' it ti ~ ---.. _...1_~,~ ~ ~ rvrcnLF wAr -~ ~ TRACT ~ a I ° D ~ BFYERS ST. 2~a4 7 I , ,, ~ ~ ~r -___---fi :,~ ~ ---- - -r .~ ~ ~ r- ~~ •~~r r• ~r/ - I ~ ~.,. ~.• ~ `1 W MdSS ST. ~ r TRACT r~ ~ 2773 y ~ N ~ i LA cRfSENrA tom, ("y ~ l ti- r __.~_...,._~ _ _ _ - r-t- ~ - GR4NLFE CT D~ . I XA,4LA ST. D ~ ~ ~ LAVOY s ~ ~'' ~"' ~. U ~ ~ ~ `/rte' ~ ~## ~ ~ cT ~N1 ~ ~ ~ ~`~' i ~ ~ N ~ ~ ~ . ~ w1\ ~~ ~ ~ 3 ~ _ 1~ ~ 4492 ~""~ Os + G -~ - ~ ~~ ~z .Q ~ : ~~ w~ r 1- ~- s - - - ~ ~ /33386` ~ ~ r ~ ~~ ~ ~ ~ ~ ~' ~ ~ jj ~ ~ ~ ( `~~n ,~~~~~ {/} C~ Oa • ~ • • W~S1't~WN ST. ~, ~ h ~ C ~ ~ S t ~ ~ ~ w ~ ~ ~ ! v b .. ~_ _ ~ . -. w. --, nj SCQTTSBILUf1~ 5~: ~ o 'a y ~ ~ a ~ ~ w T~ 1'' Q ~n ~_ '~ ~0 `,~ ~ `` ~ i Ogg r ,~~awv ti ~~ ~o~o~~y ~ ! ~ ~4© N~~~w~ W~~~~~ W ~~~Qo~ 1391,88 ' 1~1~ `1 ~ ~ ~ ~~ ~ ~ q~ ~ ~ ~ 41 ~~ I ~ I ..s. _ -. ~,. _. 11933, 86 ~ ~, ,~.... _ I~ ~ ~ I w ~ I ~~ ~ ~ ~ I ~ ~~ F ~ ~ I ,~~5.d~ C. U~ ~ .- ~ ~ ~- Q T0: Bob Sherfy -Chief Assistant City Attorney FROM: Lauren Dimberg -Engineer II DATE: September 23,1997 SUBJECT: New Maintenance District Attached is are letters from the owner and future owner of Parcel Map 9846, located just north of the shopping center at the northwest corner of Rosedale Highway and Calloway Drive, requesting inclusion in a maintenance district. These letters were written prior to your latest revisions and do not refer to Prop 218. I have drafted a Resolution of Intention to match the request. The admin report is basically the same as the last one we did for a new district that was added directly to the Consolidated Maintenance District. Will this ,fly or do we need Prop 218 waivers in the letter from the owners? Please review and comment. LDIMEM01 • B A K E R S F - I E . L D PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (SOS) 326-3724 R,~UL 1~i. ROJ.~S, D[RECTOR ~ CITE' EtiG(tiEER August 6, 1997 Calloway Capital Associates 2608 Alder Street Bakersfield, California 93 3 O l Attn: Paul Andre Subject: Parcel Map 9846, Inclusion in a Maintenance District Gentlemen: Prior to recording Parcel Map 9846, arrangements must be made to include this area. in a landscape maintenance district. It is anticipated that this area would ultimately be in street tier 1, however, there would be no assessments until such time as public landscaping is installed adjacent to the property and accepted by the City. If you have any questions or need additional information please call Lauren Dimberg at (80~) 326-3585. Very truly yours, RAUL M. RAJAS Public Works Director ~: i ~ ,. "~ ~ By: . ~~ J c ~es R. LaRochelle ,~ ngineering Services Manager LDILET'f EI~PM984614iD MAP AND ASSESSMENT DIAGRAM FOR I ADDITION OF TERRITORY (AREA 1-13) TO THE a CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~~-~~ AlONUIIEIVT !N LH. PER K CS F.~, 611. 1009-PG, 49 EAST 1/4 CORNER SEC 19 T. 29 ~ R 27 E., AI.O.~f ~ MEACHAM RDAD N N~ 0 N 3 0 0 0 g 2 OLEO IN THE OFFICE OF THE dTY CLERK 1HIS DAY CF 1997. BAKERSFlELD, CALIFORNIA AN ASSESSMENT WAS LENED 8Y THE dTY COUNdI ON THE LO15, PIECES ANO PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS lEb1E0 ON THE DAY OF . 1997; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE CFFICE OF 1NE DEPARTMENT OF PUBIC WORKS OF SAID dTY ON THE DAY OF 1997. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF 1HE DEPARTMENT OF PUBLC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT dAGRAM. BAKERSf1ElD, CALIFORNIA ~J41. J0' PARCEL C RECCRDED IN 1HE OFflCE OF THE DEPARTMENT OF PUBLIC WORK5 THIS DAY CF 1997. 3 I I Cam, A 0 N ~~ 10.00' BAKERSflEID, CALIFORNIA FILED FCR RECORD 1NIS DAY OF 1897, AT _,M., IN BOOK OF ASSESSMENT OISTRK;TS AT PAGE IN 1HE CFFICE CF THE COUNTY RECCRDER OF 1ME COUNTY OF KERN, STALE OF CAIJf'ORNIA. COUNTY ASSESSOR -RECORDER CHIEF DEPUTY RECORDER FNF: 1498JOHN 9FlET 1 of 1 ~ }o ~ :a6ed o ~ ,~ ~ °~ ~t 4 ~ -~-~-- ~ ~ ~ ~ ~ ,'. ~ ~ ~ ~V ~ ~ ~.,. ~ ~ ~' ~, ~ ~ ~ ~~ ~ I ~ ~ ~ ~ ''~'' c.~ I ~ ~ . ~, ~ ~ ~~ ~ ~ ~ ~' C} o, :~ ~ ~ ~~ ~ '~ cL' N ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ ~: ~ `~ ~ ~ 0, l~ ~ ~ ~ ,{~(`l~ ~ cv~ ~nl ~ N 0~ ~, ~ ~ N ~: :, a~ ~~ ~ air ~ ~a~r I ' ti c.~ ~~ ~~"! ~ `~ h ~ q ' ~ ~ :~ n~ ~ ,,; N ~ r~, a ~ ~ ~ ~ ~aii iwww ' r . -~ . r.w .~.~.~ . 1 ~ •~i~ ~ ~'If ~ ~~ I Y V ~ ~ ~ 'w ,~ I ~ V J I 1 ~/~~~~V7 ! ~I ~ `++ ti.. , ~ -- - - ~ ~o ~ :}aauS `~0-05ti -16-966 `b'~ `uaayl :a~aa ~t~adoad Ia3?~ M~1 e~eo ~(~adad 14321 Mbl 966 L O 3u6ia~(do~ ---1 tf! a O h ~1 O \' a~ N ~h ~ ai (~ ~~~i w N3 ~~# i ~'~ ~ . ~ ,. ~~ ~• I 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): The numberof Equivalent Dwelling Units (EDU's) forthe parcel, and; Multiplied by (t): The factor for the tier level, which equals the street tier number, and; Divided by (b): 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): The factor for the tier level, which equals the park tier number, and; Divided by (b): The totalnumber of park EDU's in the district. (2) = Pxaxt b EXHIBIT "C" Page 1 of 4 EQUIVALENT DWELLING UNIT ~EDU1 CHART Equivalent Dwelling Units (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) 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4/acre Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1lacre Rounded down to the less than 5 acres. nearest whole number. Mufti-Family (Attached) 0.711unit Undeveloped R-2, R-3 0.711unit ~ Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6lacre Rounded to nearest .01 Mobile, Homes in parks 0.71 /unit (Rent Space} Mobile Homes in 1.00/unit subdivisions (Owner} 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 3.281acre Rounded down to the 5 acres or more. nearest whole number. (Per condition of Annexation) Parkside Village Single Family 1.0 Dwelling Unit (Vineyard} Multi-Family 0.86lunit Dwelling Unit (Shores} Multi-Family 0.58lunit Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential 24.26 (Castle & Cooke) Non Residential 7.56 (Parkside Partners) Brimhall & VerduQO, Seven Oaks. North & South Undeveloped R-1 zoned 3/acre 5 acres or more 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 4 USE EDU REMARKS Union Avenue Non Residential 3 Per parcel Silvercreek 370-022-04 0.71lunit Shall be charged at R-3 12 unitslAcre rate as per GPA Resolution No. 22-94 Chester Avenue 6lacre Area for each parcel is based 50% on lot area and 50% on building area. S:1P ROJIM DIFORM U LASIExhC97 EXHIBIT "C" .Page 4 of 4 MAP AND ASSESSMENT DI ACRAM -; ~~ a F f,. ~ ~.r~ ~~:. .~, w I zA ~ J~.Rw., `w;}},,o ~ .,k v a ~ !,r .~~~ i ~~-~._.~~~,., i,, ~ :`'a U, ~ ~A ~' iii 4 .IIE~AN CE D ~S TR I C N ~. :.~ _~. ~I~-~u ....~ _ A .. ~.. ^~.. ~,~ ~~ ~~~~~ ~~~+~ ~ B A K E R S F I E L D CALIFORNIA SALE. ~ °_ ~ 00~ ~r ~~ ~ ~ ~ f . ' ~S,rt. ~n ~e+a~ '' ,n` S k ~. M..:. :. ~. ! S ~ "h y ~; .ii F-~ ,.¢~ ~F' f f ~ .a ~. ~ c~ ~~,A i ~ F ~i MEACHAM ROAD r---- - - - - - - - - - - ~_J-~----------- r i L---~ r ~i '. i W P AR CEO A i A i i ~ ~ i i o i PARCEL B APART NOT PARCEL C OLEO IN THE OFflCE OF THE qTY CLERK THIS OAY flLED FOR RECORD THIS DAY OF OF .1997. 1997, AT ~M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFCE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. qTY CLERK OF THE qTY OF BAKERSflELD, CALIFORNIA JAMES W. MAPLES COUNTY ASSESSOR -RECORDER BY AN ASSESSMENT WAS LEVIED BY THE qTY COUNgL ON THE LOTS, CHIEF DEPUTY RECORDER PIECES ANO PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. 5AID ASSESSMENT WA5 LINED ON THE DAY OF 1997; SA10 ASSESSMENT DIAGRAM AND RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS 'THE ASSESSMENT ROLL WERE RECORDED IN THE OFFCE OF THE THIS DAY OF .1997. DEPARTMENT OF PUBLIC WORKS OF SAID qTY ON THE DAY OF .1997. REFERENCE IS MADE TO THE ASSESSMENT R011. RECORDED IN THE OFFICE OF THE DEPARTMENT OF DIRECTOR OF PUBLIC WORKS PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED BAKERSflELD, CALIFORNIA AGAIN5T EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. . qTY CLERK OF THE qTY OF BAKERSflELO, CALIFORNIA FEEo 0676JOHN SHEET t of t ,~~ ~~ BAK~~ O~`~yCORPORgT~,O ~,~ r U d ~AJ.~1 ~`~LI F OR~~~ »~~uw.y~~ ~ ~ ~ '+NLn~ hlti~L" ~~.: ~ ,a~ Y ~ ~n,, ~` ~~~~ ~ ~ . `~ G ~ ~l ~ L ~. MEETING DATE: December 17,1997 AGENDA SECTION: Consent Calendar ITEM: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 20,1997 APPROVED CITY MANAGER SUBJECT: Resolution of Intention No.1165 declaring the City's intention to add territory (Area 1-13, Calloway SlMeacham) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4} RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map No.9846 to form a maintenance district or to be .included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street landscaping. Staff recommends the addition of territory (Area 1-13, Calloway S/Meacham) generally bounded by a line 500 feet south of Meacham Road on the north, Calloway Drive on the east, a line 114 mile south of Meacham Road on the south and a line .114 mile west of Calloway Drive on the west to the Consolidated Maintenance District. This area will be under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1 ". The City Council approved the Consolidated Maintenance District on June 29,1994. The City's procedure has been that all new districts formed during the fiscal year will be interim districts and all interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. ' ' tall is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting, as opposed to forming an interim district and merging it into the Consolidated Maintenance District at the end of the fiscal year. The City of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 9846 which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the Parcel Map. A copy of this covenant is attached for reference. S:IProjIMDlAdminIMD1-13 DEPARTMENT HEAD CITY ATTORNEY December 4,1997, 9:16AM RESOLUTION OF INTENTION N0.1165 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 1-13, GALLOWAY, SIMEACHAM), 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 1.3.04 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 rritory (Area 1-13, Calloway, SlMeacham) to the Consolidated Maintenance District, sai a 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 ", containin die-fete ' . a~ p ~ ~ ~ , ~~~~:~ ,~' v~gr/-•-,/,(/~y ~~/ilaN~ (a) a d scnpti n of th boundary of the additional territory, attached hereto as Exhibit "A"and incorporated as though fully set forth; °~ Db'~' ~ .. .. (b) as s own 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- a Budget, Exhibit "D," containing the matters specified in Section 13.04.1 0 of the Bakersfield Municipal Code; and (e} the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"and incorporated as though fully set forth; and WHEREAS, the City of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 9846 which waives any and all hearings whether pursuant to the Brown Act, Proposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other law} concerning the formation of and assessments for inclusion in the Consolidated Maintenance District. The owners also waive all rights under Proposition 218 to formally vote on the assessments and indicated their consent to the assessments. 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 1-13, Calloway, S1Meacham} 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 now on file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, 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 1-13, Calloway, SlMeacham} to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 1997-98,"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 parcel per year. -2- 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. ~, ~~~~ ~~ A arcels wi hin this area will have an assessment of $22.94 ere uivalent p dwellin uni but will not be char ed for the 1997-98 fiscal ear as shown in Exhibit "E"~~' g ~ ___~._. ~ Y .When landscape improvements have been leted, ' ' ' p p q ,~`' tier 1a. he maximum o esi en is evelo merit is $100.00 er E uivalent ~ '''~`¢'~ ~' Dwe i g Unit based. on full buildout of the benefit area at existing zoning, using 1997 ' n overhead costs. ~'°~"`' do rand 1997 Parks Department maintenance a d The area will consist of Commercial use, thus all parcels within the area will b affected. Sensory benefits from installing street landscaping are aesthetic enhancement rid 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- EXHIBIT "D" MAINTENANCE DISTRICT 1-13 Said assessment is made in accordance with the benefit formula attached hereto. 1997 -1998 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balancel(Deficit) $0.00 Less: City Contributions .$0.00 NET AMOUNT TO BE $0.00 S:IPROJECTSIMAINDISTIEXH IBITDIMD1-13D.WB2 EXHIBIT "D" EXHIBIT"E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 1-13 (INTERIM) FISCAL YEAR 1991-1998 Assessment Parcel No. ~~~ as shown on Map Total Exhibit "B" Assessmen~Q ~'~ "~ ~ ~ f~-~ ~~ ~ °" ~ C 450-040-37-00-1 ~~:60' ~ ~'t-~ 450-040-38-00-4 ~. $0.00 450-040-39-00-7 $0.00 ~. Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield ~,a s.~ P:IMAI NDISTIEXHIBITSIMD1-13E.W63 EXHIBtT "E" Page 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, SlMeacham) 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. . . - ~ . f t~t~e~e=a~~d~~~d~ost~: ~rl~ewe 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- EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-13 FISCAL YEAR 1997 - 98 Assessment Parcel Total Charge Total Assessment* as-shown on 1997-98 1997-98 Exhibit "B" Parcel A $0.00 $2133.42 Parcel B $0.00 $933.20 Parcel C $0.00 $19.27 i2-~ -~~ ximum Asse smen $ 00: ~ 4068. $84. This is the amount that would have been charged had the landscape improvements been installed (based on $22.94 per Equivalent Dwelling Unit). ' rce ase on 0. p EXHIBIT"E" SIPROJIMAINDIST1R0111-13ExhE mini S'f~~~iGE. ANC. COFiPORATEOFf1CE 3265 W. ASHLRN RYE., FRESNO, tfi 937ZZ (209j 2Z4.990Q Au~~ust 7,1997 Marian P. Shaw pity n~' Bakersfaeid. 1 ~ 0 ~ ~'~u~•~un Aven~rc B~kersf eld, ~a~if~rr~ia 9331 ~~, parcel ~4~a~ ~9~~~ ~~ar I~~arrar~, FAX: (Z09j 214-]884 Ferrel A, ~iden4ur, as ~~re c~r~ner of the pr~~er~y z~~.~l.uded within parcel ~~~a~ ~9~~~, hereby requests the ~~rm;~tian o~ a new ternparary maintenance district ~c~r the pry ~erty, v ~'he subdivider shall ~a~~ the posts fir establx~hin~ a new mainten~n~e district, ~r in~lusi~n ~~ the suhdivisi~n in±c~ a~i e~istin~ maintenance di strict, ~~ is understaa~ than the cast a~thi~ i~ ~~,~~~.~~ which will be laid by 1'r~r. ~~,ul ~~~~, the ~ore~3t owner. It is #urther ~nd~~stoad tl~a~ the parcels within this parcel 11~I~~ ~r~ to ~~ c~t~~~~~ed a.s "'~"icr one" with assaciat~d posts t~ bo ~'or ~.ediar island ~na~ntenanc~ anly, as it pertains tc~ t~~ #ranta~e cf tf~ese parcels. ~Ta assessments will h~ ~h~r~~d ~~~ na.ai~ate~~az~ce until fi~~ch tim.~ ~~ the pity ~~c~pts t~:~ co~pletiat~ of these ins ro~ren~~r~~.s on ~a~to~vati~ ~xi~~~ ~ .r ar~d ~~ccu~~anc~~. Lastly, as ~utc~re ~~~~er a~th~ property in~ral~ed in this request, ~~~~ ~~;~~~. ~;~~it~e the ~t~blic heal ink ~oi~ the clis~.r~ ~orrnat~ori, which should ~xp~dit~ this process. Thank y4~r f or ~a~ur h~I~ ~~,d cansi.derati4n izx thi s mattci•, - Sincerely, Darrel A. R,der~our Chief Executive Oi~icer a.~:~ t ~~: ~'aul ,A,ndre ~icn Marini c~` ~P`f 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): The numberof Equivalent Dwelling Units (EDU's)forthe parcel, and; Multiplied by (t): The factor for the tier level, which equals the street tier number, and; Divided by (b): The total numberof 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 numberof 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 numberof EDU's for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the park tier number, and; Divided by (b): The total numberof park EDU's in the district. (2) = Pxaxt b EXHIBIT "C" Page 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 EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached} 1.0 Per parcel 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 4/acre Rounded down to the nearest whole number. 1lacre Rounded down to the nearest whole number. 0.71lunit 0.71lunit 6lacre 0.711unit 1.OOlunit 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. 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 3.28/acre Rounded down to the 5 acres or more. nearest whole number. (Per condition of Annexation) Parkside Village Single Family 1.0 Dwelling Unit (Vineyard) Multi-Family 0.86lunit Dwelling Unit (Shores) Multi-Family 0.58lunit Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential 24.26 (Castle & Cooke} Non Residential 7.56 ~Parkside Partners) Brimhall & Verdugo Seven Oaks, North & South Undeveloped R-1 zoned 3lacre 5 acres or more 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 4 USE EDU REMARKS Union Avenue Non Residential 3 Per parcel Silvercreek 370-022-04 0.71lunit Shall be charged at R-3 12 unitslAcre rate as per GPA Resolution No. 22-94 Chester Avenue 6lacre Area for each parcel is based 50% on lot area and 50% on building area. S:IPROJIMDIFORMULASIEXHIBITCx EXHIBIT "C" Page 4 of 4 ~ BA~E~~n ~O ,~~ORPORgr~,o U1/' r U d J'QMIt ~ c`~ZIFOR~~~ !~ S > ~~ r~..r-~' i i~ r L--"~.~ l - ~r~ MEETING DATE: December 17,1997 AGENDA SECTION: Consent Calendar ITEM: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 20,1997 APPROVED CITY MANAGER SUBJECT: Resolution of Intention No.1165 declaring the City's intention to add territory (Area 1-13, Calloway S1Meacham) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map No.9846 to form a maintenance district or to be included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street landscaping. Staff recommends the addition of territory (Area 1-13, Calloway SlMeacham) generally bounded by a line 500 feet south of Meacham Road on the north, Calloway Drive on the east, a line 114 mile south of Meacham Road on the south and a line 1l4 mile west of Calloway Drive on the west to the Consolidated Maintenance District. This area will be -under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1 ". The City Council approved the Consolidated Maintenance District on June 29,1994. The City's procedure has been that all new districts formed during the fiscal year will be interim districts and all interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. Due to the passage of Proposition 218 and uncertainties concerning its implementation, staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting, as opposed to forming an interim district and merging it into the Consolidated Maintenance District at the end of the fiscal year. The City of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 9846 which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and he estimated maximum annual cost per equivalent dwelling unit, a covenant has been . ~ .. drafted and will be supplied to fihe subdividerldeveloper to be recorded with the Parcel Map. A copy of this covenant is attached for reference. S:1ProjIMDlAdminIMD1-13 DEPARTMENT HEAD CITY ATTORNEY November 19,1997, 5:20PM -Pry ~ rs.~o ~~ ,~~ x ~ = q3, as Crmc~'s f~ (~.ZY~ P~e. x (~ - 4t~.~8 C ,I~ /+~- x~ ~ ~, -~ ~ ~ oca~er v ~ x 4~, 6£3 = 4~~ C x ~ ~4 ~d- x Qn,68 ~,33.ZD K. . ~4- z ~ I ~ 2-~ MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-13) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~_<~.• ~~~ O N 0 0 0 0 0 z MONUMENT !N L.H. PER K.C.S F.B., 8K. 1009-PG. 49 EAST 1/4 CORNER SEC. 19 T. 29 S, R. 27 E, M.D.M. ~ MEACHAM ROAD N N~ h N 89' 49' 48" E 1340.13' ~ PM 9846 ~ 55.00 I I PARCEL A N I Ir'` ~ ~ A 0 N W U PARCEL B ~ ~ ~ ~ 0 a W rn ~, DISTRICT BOUNDARY h o 00 o~ 0 N 89' S9' 20" E FILED IN THE OFFICE OF THE CITY CLERK THIS DAY OF .1998. CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . 1998; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SA10 CITY ON THE DAY OF .1998. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. S 89' S7' 24" W 670.69' NOT A PART 1341.70' PARCEL C '°~°°' RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF .1998. FILED FOR RECORD THIS DAY OF 1998, AT _.M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR -RECORDER 8Y DEPUTY RECORDER EXHIBIT "B" f~l.E:: °. R9~i~:)^N aH~;.T 1 of ; ~ ~ r U C7 ~v~' ~ARY 11. c`~LIFOR ~ MEETING DATE: December 17,1997 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 4,1997 CITY MANAGER SUBJECT: Resolution of Intention No.1165 declaring the City's intention to add territory (Area 1-13, Calloway S1Meacham) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. .BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map No.9846 to form a maintenance district or to be included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street landscaping. Staff recommends the addition of territory (Area 1-13, Calloway SlMeacham~ generally bounded by a line 500 feet south of Meacham .Road on the north; Calloway Drive on the east, a fine 114 mile south. of Meacham. Road on the south and a line 114 mile west of Calloway Drive on the west to the Consolidated Maintenance District. This area wi11 be under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1". The City Council- approved the Consolidated Maintenance District on June 29,1994. The City's procedure has been that all new districts formed during the fiscal year will be interim .districts and all interim .districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting, as opposed to forming an interim district and merging it into the Consolidated Maintenance District at the end of the fiscal year. The City of Bakersfield has received a letter from the owners of the property described in Parcel. Map No. 9846 which waives the public hearing concerning the- formation of and. assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the. inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the Parcel Map. A copy of this covenant is attached for reference. S:IProj1MDlAdminlMD1-13 APPROVED DEPARTMENT HEAD CITY ATTORNEY,~'~~~~- December 4,1997, 4:24PM RESOLUTION OF INTENTION N0.1165 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 1-13, GALLOWAY, SlMEACHAM), 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 BENEf IT 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. owners}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 tothe- 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, SlMeacham} to the Consolidated Maintenance District, said additionafi territory is generally described in Exhibit "A" attached hereto, to maintain and operate the Inca improvementsincluding 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 by the following vote: CITY CLERK and Ex officio Clerk of the Council of the City of Bakersfield BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY of the City of 6akersfield S:IPROJECTSIMAINDISTIROIlMD1-13ri Attachments: Exhibit "1" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" -3- 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, SlMeacham) 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 1991-98, but will not be charged, for the 1991-98 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. µ: 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 fullysetforth herein. -2- For many years, public parks, public street median and other public street landscaping improvements in .the City-were maintained through traditional #ax 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, but will not be charged, for the 1997-98 fiscal year as shown in Exhibit "E". When landscape improvements have been completed, it is expected to be placed in street tier 1, The estimated maximum cost for residential development is $1 OOL00 per Equivalent Dwelling Unit based on full buildout of the benefit area at existing zoning, using 1997 dollars and 1997 Parks Department maintenance and overhead costs. 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 #ully set forth herein. -2- MAP AND ASSESSMENT DIAGRAM FOR I ADDITION OF TERRITORY (AREA 1-13) TO THE p CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~~-~~ ~z~ ~~~ F~. NG 100p-PR 10 EAST f/4 G~pIfiRR Sire fD T, .TD ~ R ?7 E. YAII ~ ~IEACI~4M RDAD h NI N A N B9' 49' 48" E 1J40. l,~' h PM 9846 a ~ PARC EL A N w o ~ ~ Q 0 3 W PARCEL B • S ~ 8 2 W y S 89' ST 24' W 670.69' ~ ~, DISTRICT 80ilIYDARY- ~ o • ~ NOT A PART s~ N 89' S9' 20" E i34f.70' PARCEL C iQ00' ~ N TIE Dt}1CE of TFIE q1Y ct~nlc TMs ._ oAY aF ~~~ RECaiom w ~ a~ of THE DEPART#!NT DI< Pueuc waIKS " na _ oAY a~ ~u~. aTY aalc ar TIE aTtr oP eAImIISiBQ, CAtsaRNIA OII~CroR of PUNJC woks AN ~ wAS LEVEED er THE qfl- COIMCL ON ~ ~DT~ ~tID (tilt ~OCORO A#S ,_._ oAY OF PECES ANO PARCELS ~ LAND SIiDMI ON 1M3 ASS£S~IT OIAdlAM. 1SDY, AT ~_ ~,M,. N 900K „_ ~ ASffi'~IIT SAD ASlE'SSiENT wAS LEVIED ~! 1IE .,.~ DAY OF OIS1111C1S AT PAt>E _. N TIE. Of1F1CE ~ TIE OOUITY iM7; SAD IIIT OIANIAY AND REOOIIDER Of 1NE COINTT Of KERN, S1A1E OF CAL~IIIA. lIE A43ESSiDIT MOLL 1MIl1E I N lIE OlFICE ~ TIE OE>PARTIlNT ~ PIlIEJC NOIIKS aF SAD pTY ON IIE ~. DAY ~~ ~ MAPLES OF 11p7. a MADE TD 1HE -~ nSSE"~IIENT ROLL t1ECDRDED N 1ME OFRCE Of .TIE OE1rARTMlNT OF COIMIY ASSE~SSCIt - REOpIDOt Pueuc walxs I~ 1FE E7IAC1' AMOIfIIT DF EACN ASSESSMENT LEVIED AGANST EJYCfI PMCEL Of LAND SIIONI ON THIS ASSESlOIT DIAGRAM. ~ CIfF DEPUTY IIEOOIIOfJI CITY Q~ OF TIE CI1Y Of aA1fERDS~ CAtlFdMNA EXHIBIT "B" ~ T,Se~IDIN rar, .r, EQUIVALENT. DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (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) 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4lacre Rounded down to ,the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1lacre Rounded down to .the less than 5 acres. nearest whole number. Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.711unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6lacre Rounded to nearest .01 Mobile Homes in parks 0.71 /unit (Rent Space) Mobile Homes in 1.00/unit subdivisions (Owner) _ Mixed Use Each calculated -per the above. . EXHIBIT "C" Page 2 of 4 USE EDU REMARKS Union Avenue Non Residential 3 Per parcel Silvercreek 370-022-04 0.711unit Shall be charged at R-3 12 units/Acre rate as per GPA Resolution No. 22-94 Chester Avenue 6lacre Area for .each. parcel is based 50% on lot area and 50% on building.area.. S:IPROJIMDIFORMULASIEXHIBITCx ' EXHIBIT "C" Page 4 of 4 EXHIBIT "E" ASSESSMENT RILL MAINTENANCE DISTRICT AREA 1-13 FISCAL YEAR 1997 - 98 Assessment Parcel Total Charge Total Assessment* as shown on 1997-98 1997-98 Exhibit "B" 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. EXHIBIT"E" SIPROJIMAINDIST1R0111-13ExhE B a K~I~. O~`~GOIIPORATF "v1I~ ~ ~ U ~ O ~~t~ c`~LjF OR~I~ REPORT MEETING DATE: April 22,1998 AGENDA SECTION: Consent Calendar ITEM T0: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 27,1997 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolution adding territory (Area 1-13, Calloway SlMeacham) to the Consolidated Maintenance District and adopting, confirming and approving Public Works Director's Report. Ward 4} RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from. the subdivider of Parcel Map No.9846 to form a maintenance district or to be included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This distract will provide for the maintenance of public street landscaping. Staff recommends the addition of territory Area 1-13, Calloway S1Meacham) generally bounded by a line 500 feet south of Meacham Road on the north,. Calloway Drive on the east, a line 114 mile south of Meacham Road on the south and a line 114 mile. west of Calloway Drive on the west to the Consolidated Maintenance District. This. area will be under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1". The City Council approved the Consolidated Maintenance District on June 29,.1994. The City's procedure has been that all new districts. formed during the fiscal year will be interim districts and all interim. districts wi11 be merged into the Consolidated Maintenance District at the end of each fiscal year. Staff is recommending the new territory be added to the Consolidated Maintenance District at this City Council meeting, as opposed to forming an interim district and merging it into the Consolidated Maintenance District at the end of the fiscal year. The Ci#y of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 9846 which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividerldeveloper to be recorded with the Parcel Map. A copy of this covenant is attached for reference. ~ . S:1Proj1MDlAdminIMD1-13re March 24, 1998,1:32PM RESOLUTION N0. A RESOLUTION ADDING TERRITORY (AREA 1-13, GALLOWAY S/MEACHAM) TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 4). WHEREAS, the City ,Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1165, adopted December 17,1997, declared its intention to add territory (Area 1-13, Calloway, SlMeacham} to the Consolidated Maintenance District, confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, the amount of assessment to be levied against each parcel and the reservation of right to perform work by City- forces or private contractor. Said additional territory shall be designated Area 1-13, Calloway, S/Meacham, as shown and designated on that certain map entitled Map and Assessment Diagram for Additional Territory (Area 1-13, Calloway, SlMeacham) to he Consolidated Maintenance District, Bakersfield, California, for f fiscal Year 1997-98 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owners within the additional territory (Area 1-13, Calloway, SlMeacham) which waives all rights to a public hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code and Chapter 13.04 of the Bakersfield Municipal Code; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory (Area 1-13, Calloway, S/Meacham) to the Consolidated Maintenance District and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit 1 and incorporated herin by reference) including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A"and "B"attached hereto and incorporated herein by reference describe the additional territory (Area 1-13, Calloway,SlMeacham). ,. 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 by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: BOB: PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" SIPROJECTSIMAINDISTIESTABIMD1-13Est 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 anal. operating costs from a source other than eneral tax revenues, .the Cit g y does not permit new public parks, street median and other street landsca in pg improvements to be constructed within the City.. Additional territory (Area 1-13, Calloway, S/Meacham is bein added to the } g 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 installingstreet landscapin are aesthetic enhancement 9 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 THEREFORE, I RAUL M. ROJAS, Director of Public Works of the Ci of Bakersfield, by virtue of the power vested in me and the order of the Council of said Ci , hereby submit the Fiscal Year 1997-98 Budget and Assessment Roll as setforth 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, Callowa ~ Y~ SlMeacham)subject to be assessed to pay the cost of maintenance and operation in said area... Dated: RAU L M. R4JAS Director of Public Works City of Bakersfield MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-13) I TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA xa~E .. ~~~ MONUMENT /N L.H. PER K.C S. F.B., BK. 1009-PG. 49 EAST 1/4 CORNER SEC. 19 T. 29 S, R. 27 E., M.O.M. MEACHAM ROAD ~ NI N 89' 49' 48" E 1340.13' ~ ~ PM 9 ~ 846 5~ 00' o O PARCEL A I N 'W ro ~ `° A 0 N N PARCEL - ' B I ~ ~ I ' o ~ 0 o .- ~ o Z N 89' S9' 20" E BLED IN THE OFFICE OF THE CITY CLERK THIS DAY OF .1998. GTY CLERK OF THE GTY OF BAKERSFlELD, CALIFORNIA AN ASSESSMENT WAS U:VIED BY THE qTY COUNgI ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . 1998; SAID ASSESSMENT DIAGRAM AN0 THE ASSESSMENT ROLL WERE RECORDED IN THE OFFlCE OF THE DEPARTMENT OF PUBLIC WORKS OF SA10 GTY ON THE DAY OF .1998. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT QF EACH ASSESSMENT IEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK OF THE qTY OF BAKERSFlELD, CALIFORNIA 1.341.70' PARCEL C 10.00' RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF .1998. FILED FOR RECORD THIS DAY OF 1998, AT _ M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFlCE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR -RECORDER BY DEPUTY RECORDER EXHIBIT "D" ffLF 14.98~0"N :J{f;,T t of t EQUIVALENT DWELLING UNIT (EDU1 CHART Equivalent Dwelling Units (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) 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4lac~e Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1lacre Rounded- down to the less than 5 acres. nearest whole number. Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.711unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. - Non Residential 6lacre Rounded to nearest .01 Mobile Homes in parks 0.71 /unit (Rent Space) Mobile Homes in 1.00/unit subdivisions (Owner) Mixed Use Each calculated per the above. EXHIBIT "C" Page 2 of 4 USE Union Avenue Non Residential Silvercreek 370-022-04 Chester Avenue S:IPROJIMDIFORMULASIExhC97 EDU 3 REMARKS Per parcel 0.71(unit Shall be charged at R-3 12 units/Acre rate as per GPA Resolution No. 22-94 6lacre Area for each parcel is based 50% on lot area and 50% on building areaC EXHIBIT "C" Page 4 of 4 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-13 FISCAL YEAR 1997 - 98 Assessment Parcel Total Charge Total Assessment as shown on 1997-98 199.7-98 Exhibit "B" 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 Univ. EXHIBIT"E" SIPROJIMAINDISTIEXHIBITEI1-13ExhE BAKC ~ -~- ~. ~_ :~ „9L ~,~ ~~~, ADMINISTRATIVE REPORT MEETING DATE: Ma fi,1998 AGENDA SECTION: Consent Calendar Y ITEM: RECOMMENDATION: Staff recommends .adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map No.9846 to form a maintenance district or to be included into an existing maintenance district as required by Section 13.04.021 of.the Municipal Code. This distract will provide for the maintenance of public street landscaping. .. Staff recommends the addition of territory (Area 1-13, Calloway SlMeacham~ generally bounded. by a line 500 feet south of Meacham Road on the north, Calloway Drive on the east, a line 114 .mile south of Meacham Road on the south and a line 114 mile west of Calloway Drive on the west to the Consolidated Maintenance District. This area will. be under the street and median. zone of benefit and when- street landscaping has been installed, assessed an amount for "Tier 1 ". The City Council approved the Consolidated Maintenance District on June 29,1994. The City's .procedure has been that all new districts formed during the fiscal year will be interim districts and all interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. Staff is recommending the new territory be added to the Consolidated Maintenance District at this City Council meetin , as opposed to forming an interim district and .merging it into the Consolidated Maintenance District at the g end of the fiscal year. The establishment of this maintenance district complies with Proposition 218. The City of Bakersfield has received a fetter from the owners of the property described in Parcel Map No. 9846 which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. !n order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been. drafted and will be supplied to the subdividerldeveloper to be recorded with the Parcel Map. A copy of this covenant is attached for reference. S:1Pro~1MDlAdminIMD1.13re April 27, 1998,11:43AM -'~ /~ )'~ ~ ~,~ .. "" ,* ~: ~ r.,, ,~~ -. y ~~ ~ ~~ ;~ t~~ Cr ^~'ARY 11 ~ a ^~ ~'~`9l1FORti~, ADMINISTRATIVE REPORT MEETING DATE: December 11,1997 AGENDA SECTION: Consent Calendar ITEM: g , ~ . T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 4,1991 APPROVED '~ ~~, , DEPARTMENT HEAD (~ , CITY ATTORNEY ~. ~-- CITY MANA R SUB,)ECT: Resolution of Intention No.1165 declaring the City's intention to add territory {Area 1-13, Calloway S~Meacham) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map No.9846 to form a maintenance district or to be included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This distnctwill provide forthe maintenance of public street landscaping. Staff recommends the addition of territory Area 1-13, Calloway SlMeacham) ,generally bounded by a line 500 feet south of Meacham Road on the north; Calloway Drive on the east, a line 114 mile south of Meacham Road on the south and a line 114 mile west of Calloway Drive on the west to the Consolidated Maintenance District. This area will be under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1 ". The City Council approved the Consolidated. Maintenance District on June 29,1994. The City's procedure has been that all new districts formed during the fiscal year will be interim districts and all interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting, as opposed to forming an interim district and merging it into the Consolidated Maintenance District at the end of the fiscal. year. The City of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 9846 which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividerldeveloper to be recorded with the Parcel Map. A copy of this covenant is attached for reference. S:IProjIMDlAdminIMD1-13 December 4,1997, 4:24PM ,•~ ;~, ' ' ~` t`w`~'. ` ~ I ~ j,~_:~ ~ \' ~ .. RESOLUTION OF INTENTION N0.1165 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-13, GALLOWAY, SIMEACHAM}, 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 BEtVEFIT 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 owners}has requested the City Council to establish a maintenance district in accordance with the procedures established therefor b Cha ter Y p 13.04 of Title 13 of the .Municipal Code of the City of Bakersfield and the Public Works Direc#or 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, SlMeacham} 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 re#erence 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; fib} a description of each parcel within the additional territory as shown on ~~~,, , Mai and Assessment Diagram,. Exhibit "6," on file in the off ces of the City Clerk and Public Works Director of the City; ~c} the benefit Formula set forth as Exhibit "C"; -1- ~ ~~~~ ~ ~~ r •~] ~~ Y ,:;:•~; . i ~ 1 (d) a Budget, Exhibit "D," containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each parcel, attac#~d hereto as Exhibit "E"and incorporated as though fully set forth; and WHEREAS, the City of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 9846 which waives any and all hearings (whether pursuant to the Brown Act, Proposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other. law) concerning the formation of and assessments for the above described additional territory in the Consolidated Maintenance District. The owners also waive all rights under Proposition 218 to formally vote on the assessments and indicated their consent to the assessments. 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 Vllorks Director's Report and declares that the territory within the boundaries so specified and described is the area (Area 1-13, Calloway, S/Meacham) beneftting 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 s ecified and described to be as shown on that certain map now on file in the Office of the p City Clerk of the City of Bakersfield and in the Office of the Public Works Director, 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 1-13, Calloway, SlMeacham) to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 1997-98,"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 parcel per year. -2 - a ~'; r;~', r / ';~ 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 nE~ i 7 199 , by the following vote: AYES. CGUND~l.><~,E~~~EA DE!~G~!D, CA~9S4N, ~MITN, McDEAMOTT, R4V~~lES, SUl1(VAN, SA~.VAGGIO ND~~' G0~ ~A r~ a ABM ~~, _._. ~ ~~ D A~~TI~I°1: Vi.J~ir~~~~3`;~.~t1~1:~ ~./I lY7 -'"" A~E3VT: C0~1NC~~l~EP~~EA ~~._____` ' APPROVED DEC 17 BOB PRI MAYOR of the City of Bakersfield APPROVED as to form: ,~~ ~2. ~ ~ JUDY K. SKOUSEN CITY ATTORNEY of the City of Bakersfield ~ Q.r~ CITY CLERK and Ex Offi o Clerk of the Council of the City of Bakersfield S:IPROJECTSIMAINDISTIROIIMD1-13c+ Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C~ Exhibit uD" Exhibit "E" -3- ~~~, o~ ~~~ ~. ~. r -~ j::~ ~' ,1,,,,~~ ~, ~p~;~.,. „~;~ ~ ~ z ~ '-,, ;.+, ~": City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY (AREA 1-13, GALLOWAY, S/MEACHAM) Fiscal Year 1997-1998 WHEREAS, on WEDNESDAY, December 17,1997, the Council of the City of 6akersfield 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 1.3 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 Warks Director's Report Addition of terri#ory (Area 1-13, Calloway, S1Meacham~ 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 1l4 mile, south of Meacham Road on the south and a line 114 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 Cade. 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 andlor sprinkler systems therefore, sidewalks, walkways, and ornamental planting, including shrubs, ground covers and trees now existing or hereafter #o 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- ~~, O~ ~.~~ ~ ,. ;.... ~~~; v ~~ ~~~ ., 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/Meacharn} 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 no# 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 sheet 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, DirE.ctor of Public Works of the ~ 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 Rol! 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, SlMeacham~subject to be assessed to pay the cast of maintenance and operation in said area. Dated: ~ ~ -~ ~ L _~. RAUL M. Director o Public Works City of Bakersfield -3- ~ ~~~~' ~ ~~ ,~ .- ~ ~~ ,~ LEGAL DE~C~~PTI, CIN fCon'~1, Parc 11A 1-13 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 corner of said Section 19, said point also being the intersection of centezlines 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 984b recorded August 8,1997, in Book 48, Page 184 of maps in the office of the Kern County Recorder, and the TRUE POINT OF BEGIr~`1IN0; THENCE (1) Continuing South 00 ° 06' 37" East, along said east line and centerline, a distance of b83.26 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.b9 feet; THENCE (3}Continuing along the.. boundary of said parcel B, South 00 ° OS' 39" East, a distance of 130.09 feet, to the northwest corner of parcel C of said Parcel Map 984b; THENCE (4) North 89 ° 59' 20" East, along the north line of said parcel C, and easterly prolongation thereof, a distance of b70.72 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 corner 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 corner 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 BEGIr~3ING. EXHIBIT "A" ~ ~'~~'~ o ~,~ ~ ~- ~- c~ !~ ~:` ~ ; ~i CO SOLIDATED MAINTENANCE DIS CT 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 far the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of Equivalent Dwelling Units (EDU's}for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the street tier number, and; Divided by (b): 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 Hocking, South H area (5-03), only subdivided parcels will be assessed for street landscaping. (2j shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the dis#rict, adjusted for prior year fund balance or deficit; Multiplied by (a}: The number of EDU's for the parcel, and; Multiplied by (t}: The factor for the tier level, which equals the park tier number, and; Divided by (b): The total number of park EDU's in the district. (2) = Pxaxt b ~~ ~ ~~~~ EXHIBIT C~ ~~, Page 1 of ~~:~ ~ L: i ! .:'"t i. ~~{ "' ~ EQUIVALENT DWELLING. UNIT (EDUI 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 EDP REMARKS 1.0 Per parcel 1.0 Per parcel 4lacre Rounded down to the nearest whole number. 1 /acre Rounded down to the nearest whole number. 0.111 unit O.11/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. 6/acre Rounded to nearest .01 0.711unit 1.OOlunit Each calculated per the above. EXHIBIT "C'~ ~~~~ . Pa e 2 of~ ~' 9 ~ ~s v j ! MIS}; !~ , ~~~~~a t ~ ~ F EDU EXCEPTIC~N,~ 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 ED~I REMARKS Polo ~ rounds Undeveloped R-1 zoned 3.28lacre .Rounded .down to the 5 acresor more. nearest whole number. Per condition of Annexation} Parkside Village Single Family 1.0 Dwelling Unit Vineyard} Multi-Family 0,861unit Dwelling Unit Shores} Multi-Family 0.581unit Dwelling Unit (Edgewater, .Brookhaven, Springs} Non Residential 24.26 Castle & Cooke} Non Residential ?.56 (Parkside Partners} B mhall & Verduaos Seven Caks, North & South _____ Undeveloped R-1 zoned 3lacre 5 acres or more California Avenue Non Residential 1.0 .Per parcel plus 0.9 ECU's per 100 feet of California Ave. frontage EXHIBIT " '~ ~~~n g .~ Pa e 3 u'~ ~.... ~-. ~~~itia ~ ~I i ' : f ~ 7~'. ~1,~.E E~ R. E1~A~~K Union Avenue Non Residential 3 Per parcel Silvercreek 370-022-04 0.71lunit Shall be charged at R-3 12 unitslAcre rate as per GPA Resolution No. 22-94 Chester Avenue 6lacre Area for each parcel is based 50% on lot .area and 50% on building area. S:IPROJIMDIFORMULASIEXHIBITCx ~ r ,~ EXHIBIT C ~ ~~ Page 4 of ~= ~;~t~ -, ..1R~. `~ EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-13 Said assessment is made in accordance with the benefit formula attached hereto. 199? - 98 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities} Estimated Beginning Fund Balance (Deficit) $0.00 Less: City Contributions Q NET AMOUNT TO CHARGED $0.00 EXHIBIT"D" SIPROJIMAI NDIST1R0111-13ExhD ,~ ~ .~~; ,.- - c.~ '~ ,. A. i '~1 `~ Vi r Dr~~Y ~ y P~ry,F~ q z :f ,~ 'i Y g~~J:~ ~ 1 RS4/ r EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-13 F I SCAL YEAR 1991- 98 Assessment Parcel Total Charge Total Assessment* as shown on 1997-98 1997-98 Exhibif "B~ 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. SIPROJIMAI N DIST1R0111-13ExhE EXHIBIT"E" ° A' ~. ~ , ~A'n ~ ~'~`'1' y1 ~w+^ . d ~ ~ ~ ~ ; ^~ .~ y . „ :~: ~.. . 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, GALLOWAY, S/NIEACHAM), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARLLY 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. /sl PAMELA A. McCARTHY City Clerk of the City of Bakersfield f By: DEPU City Clerk J ~~`A , MAP AND ASSESSMENT DIAGRAM FOR I ADDITION OF TERRITORY (AREA 1-13) TO THE a CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~~•~~ 3 s 8 2 Mpkr1EM1 N f.1L PEIt KGS f~, AL 10tD-PQ ~i fAST 1/s CORl~R ~ ti T. ?D S~ R 27 E;, Y.AY ~ ~lEAC ROAD ~ ~ N h N 89' 49' 48" E 1340.13' ~ ~ PM 9846 PARCEL A ' w ~ q 0 y PARCEL B ' ~' ' - W ~. ~. DlSTRlCT BOUNCARY •~ Qw vvh N 89' S9' 20' E ~o rl tl~ of ~ aTY a~llc TITS „_,,, a-Y ~ ~~~. aTY aau aF ~ aTY aF cAU~nIwA AN ASS~ss~at wAS LENED ~ ~ Cmr COIMCL ON ~ IATS, PACES AIO PARCELS Of LAtn ml0wr OK llp ASSE89)EMT OIAORAN. SAD ASSESSt~iT ~IIS LEMED ~! 11E ~~ OAY ~ 1M7; SAD A3SIIT DIAORJW AIO iFD ASSESSIE'~R ROLL NEAE RECOIlDlD N AR; OFi1CE ff 11R; OEPARIIRJIT OF PtJetJC WS OF, SAb CITY al 1!E _ OAY OF 11D7. AE~'I:AEt10E IS WOE 10 ~ A1T ROLL RE001lOEO N TIE OR1CE Of Tlr OfJ'AR111E11T OF PtlILIC 1~lK! fGR TIE EXACT AMOIAiT OF EACH ASSES9E1iT LEVVIEtD AOAMIST EACM PARCQ OF LMb SMOSIf ON tliS ASffi3~IT DIAGRAM. CITY CLERlt Of 1!E CITY OF !lAIIERSf~1Q- CALJFORNA S 89' ST Z4' W 67Q69' NOT A PART X341.70' P A R C E L C 'a~°~ RECamEQ w ~ a~ a~ ~ OEPART#OR of M~JC Ws tNS _ DAY OF ~~. ~o ~ RECpID TITS _,__. OAY OF 1N7, AT ,.,.r_ Ali„ N S0~( __..,. Of 1t~SSi~lIT OISINCTS AT PAtE: ,_ NI Tlt O~F1CE ~ TIE OOUITY IIECplOER OF 11E COtMTY Of 141b1, STATE OF CAL~OIMA. WITT AsstssOR - REOaIOEIt dY Cif OEPUIY RECORODt EXHIBIT "B" ~~ ~~ ~ ._ ~~~ r a ~ ~_ •,., P + ": .~ '.S ~. .~ ~a , Q~ ~ B A K~~'S ~ ~ r c~ d ~~~,~ ~`~LIFOR~~~ MEETING DATE: April 22,1998 AGENDA SECTION: Consent Calendar ITEM: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: March 27,1997 APP OVED DEPARTMENT HEAD CITY ATTORNEY-~- CITY MANAGER SUBJECT: Resolution adding territory (Area 1-13, Calloway SlMeacham) to the Consolidated Maintenance District and adopting, confirming and approving Public Works Director's Report. (Ward 4} RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map No.9846 to form a maintenance district or to be included into an existing maintenance district as required by, Section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street landscaping. Staff recommends the addition of territory (Area 1-13, Calloway S/Meacham) generally bounded by a line 500 feet south of Meacham Road on the north, Calloway Drive on the east, a line 114 mile south of Meacham Road on the south and a line 114 mile west of Calloway Drive on the west to the Consolidated Maintenance District. This area will be under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1". The City Council approved the Consolidated Maintenance District on June 29,1994. The City's procedure has been that all new districts formed during the fiscal year will be interim districts and all interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. Staff is recommending the new territory be added to the Consolidated Maintenance District at this City Council meeting, as opposed to forming an interim district and merging it into the Consolidated Maintenance District at the end of the fiscal year. The City of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 9846 which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividerldeveloper to be recorded with the Parcel Map. A copy of this covenant is attached for reference. S:IProjIMDlAdminIMD1-13re March 25, 1998,11:15AM RESOLUTION N0. A RESOLUTION ADDING TERRITORY (AREA 1-13, GALLOWAY S/MEACHAM) TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 4). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1165, adopted December 17,1997, declared its intention to add territory (Area 1-13, Calloway, SlMeacham} to .the Consolidated Maintenance District, confirmed. and approved the Public Works Director's Report, the boundaries of .the proposed additional. territory, the fairness of the benefit formula, the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces or private contractor. Said additional territory shall be designated Area 1-13, Calloway,. S/Meacham, as shown. and designated on that certain map entitled Map and Assessment. Diagram for Additional Territory (Area 1-13, Calloway, S/Meacharn} to the Consolidated Maintenance District,. Bakersfield, California, for Fiscal Year 1997-98 on file in the offices of the City. Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owners within the additional territory (Area 1-13, Calloway, S/Meacham}which waives all rights to a public hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code and Chapter 13.04 of the Bakersfield Municipal Code; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory (Area 1-13, Calloway, SlMeacham) to the Consolidated Maintenance District and confirms and adopts the PublicWorks Director's Report, (attached hereto as Exhibit 1 and incorporated herin by reference) including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A"and "B"attached hereto and incorporated herein by reference describe the additional territory (Area 1-13, Calloway,SlMeacham). 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 by the following vote: CITY CLERK and Ex Officio Cierk of the Council of the City of Bakersfield APPROVED: BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" SIPROJECTSIMAINDISTIESTABlMD1-13Est City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY AREA 1-13, GALLOWAY, SIMEACHAM) Fiscal Year 1997-1998 WHEREAS, on WEDNESDAY, .December 1.7,1997, 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, SlMeacham} 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 114 mile south. of Meacham Road on the south and a line 114 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" LEGAL DESCRIPTION Area 1-13 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 corner 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 A 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° OS' 39" East, a distance of 130.09 feet, to the northwest corner 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 corner 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 corner 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" SIPROJIMDILEGAL101 A MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-13) I TO THE j CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~<.~E ., ~~~ N 89' S9' 20" E FILED IN THE OFFCE OF THE CITY CLERK THIS DAY OF .1998. MONUMENT !N L.H. PER K.C.S. F,B., BK. 1009-PG. 49 EAST 1/4 CORNER SEC 19 T 29 S R. 27 E., M.D.M. MEA CHAM R DAD N N~ N 89' 49' 48" E 1340.13' 3 PM 984 ~ 55.00' i I N PARCEL A I I C~,` ~ ~ ~ ~ q _... 0 ~ ~ i PARCEL B ~ ~ ~ ~, CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . 1998; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBUC WORKS OF SAID CITY ON THE DAY OF .1998. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA 1341.70' ~ PARCEL C RECORDED IN THE OFFCE OF THE DEPARTMENT OF PUBUC WORKS THIS DAY OF .1998. DIRECTOR OF PUBLIC WORKS BAKERSFIELD, CALIFORNIA FILED FOR RECORD THIS DAY OF 1998, AT _M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR -RECORDER BY DEPUTY RECORDER 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 for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund .balance or deficit; Multiplied by (a): The number of Equivalent Dwelling Units (EDU's) for the parcel, and; Multi lied b t : The factor for the tier level, which equals the street tier p Y() number, and; Divided by (b): 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 Hoskin , South H area 5-03 ,only subdivided parcels will be assessed for street 9 ( ) 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 forthe parcel, and; Multiplied by (t): The factor for the tier level, which equals the park tier number, and; Divided by (b): The total number of park EDU's in the district. (2) = Pxaxt b EXHIBIT "C" Page 1 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 Polo Grounds Undeveloped R-1 zoned 5 acres or more. EDU 3.28/acre REMARKS Parkside Village Single Family Dwelling Unit (Vineyard) Multi-Family Dwelling Unit (Shores) Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential .(Castle & Cooke) Non Residential (Parkside Partners) Brimhall & Verdugo Seven Oaks. North & South Undeveloped R-1 zoned 5 acres or more California Avenue Non Residential 1.0 0.86/unit 0.581unit 24.26 7.56 3lacre Rounded down to the nearest whole number. (Per condition of Annexation) 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage EXHIBIT "C" Page3of4 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 $0.00 City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance (Deficit} $0.00 Less: City Contributions 0.00 NET AMOUNT TO CHARGED $0.00 EXHIBIT"D" SIPROJIMAINDISTIEXHIBITDI1-13ExhD EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-13 FISCAL YEAR 1997 - 98 Assessment Parcel Total Charge Total Assessment as shown on 1991-98 1997-98 Exhibit "B" 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). EXHIBIT"E" SIPROJIMAINDISTIEXHIBITEI1-13ExhE 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. 9846 Parcel Nos. A through C COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199 by Calloway Capital Associates, a California General Partnership, (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 equivalent dwelling, based on 1997 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 ,199, Owner(s)IDeveloper(s): City of Bakersfield: Calloway Capital Associates a California General Partnership Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. G:IPROJECTSIMARIANIMAINDIS~ICOVENANTICOV.PM 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 11547, Lots 1 through 4 3015 Calloway Drive COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 200 ,bye Riverlakes Grove, LLC, a California Limited Liability 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 the Consolidated Maintenance District and maybe assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of way within the district. The appropriate Street Tier will be assigned when landscape improvements have been installed. 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 equivalent dwelling unit, based on 2004 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): Riverlakes Grove, LLC, a California Limited Liability Company 200 _. Michael Walker, Managing Member City of Bakersfield: Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. P:12007 Maintenance Covenants1PM11547 MD 1-13 3015 Calloway.doc