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HomeMy WebLinkAboutROI NO 1178RESOLUTION OF INTENTION NO. 1178 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 2-17, WHITE, WIBLE NW), TO THE CONSOLIDATED MAINTENANCE DISTRICT PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor; and WHEREAS, the property owner(s) has requested the City Council to establish a maintenance district in accordance with the procedures established therefor by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends addition of territory to the Consolidated Maintenance District; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory (Area 2-17, White, Wible NW) to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including public street landscaping; and WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his Report, attached hereto and incorporated herein by reference as Exhibit "1", containing the following: (a) a description of the boundary of the additional territow, attached hereto as Exhibit "A" and incorporated as though fully set forth; (b) the improvements to be maintained by this addition specifically are various items included within the boundaries 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"; -3.- (d) a Budget, Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E" and 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. 10307 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 2-17, White, Wible NW) 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 2-17, White, Wible NW) to the Consolidated Maintenance District, Bakersfield, California" for Fiscal Year 1998-99, which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Tier 1 zone of benefit and is assessed an amount not to exceed $100.00 per equivalent dwelling unit per year. -2- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on $£P 2 $ 1~8 , by the following vote: CITY CLERK and Ex Officio Cle~ of the Council of the City of Bakersfield APPROVED $EP ~' $ 1~ MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SHERFY ACTING CITY ATTORNEY of the City of Bakersfield S:\PROJECTS\MAINDIST~ROI\MD2-17ri Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY (AREA 2-17, WHITE, WIBLE NW) Fiscal Year 1998-99 WHEREAS, on WEDNESDAY, SEPTEMBER 23, 1998, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1178 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 2-17, White, Wible NW) to the Consolidated Maintenance District is generally described as an area bounded by Adanac Court on the north, Wible Road on the east, White Lane on the south and a line 660 feet west of Wible Road 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" 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 2-17, White, Wible NW) 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 a zero assessment for the 1998-99 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 non-residential development is $100.00 per Equivalent Dwelling Unit based on full buildout of the benefit area at existing zoning, using 1998 dollars and 1998 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 fully set forth herein. -2- NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 1998-99 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional area (Area 2-17, White, Wible NW) subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAUL M. ROJ~. Director of Public Works City of Bakersfield -3- Area 2-17 LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 14, T 30 S, R 27 E, M.D. B. & M., and more particularly described as follows: Beginning at the east quarter comer of said Section 14, said point also being the intersection of centerlines of Wible Road and White Lane; THENCE (1) North 89© 40' 05" West, along the mid section line of said Section 14 and centerline of White Lane, a distance of 660.00 feet, more or less to the southerly prolongation of the east boundary of Parcel Map 4431; THENCE (2) North 00° 02' 20" West, along the east boundary line of Parcel Map 4431 and the southerly and northerly prolongation thereof, a distance of 330.00 feet, THENCE (3) South 89© 40' 05" East, a distance of 660.00 feet, to intersect the east line of said Section 14, also being the centerline of Wible Road; THENCE (4) South 00© 02' 20" East, along said east line and centerline of Wible Road, a distance of 330.00 feet, to the east quarter comer of said Section 14 and the TRUE PO1NT OF BEGINNING. EXHIBIT "A" S/PROJ\M D\L EGAL S\Lega12-17 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 2-17, WHITE, WlBLE NW TO THE CONSOLIDATED MAINTENANCE ~)ISTRICT BAKERSFIELD, CALIFORNIA ~ADANAC COURT ~ - ,. S89'40'05"E MAP NO. PARCEL1 S89'43'05"E 66000' 10307 PARCEL 2 PARCEL 3 I LANE 66000' DISTRICT BOUNDARY 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): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's) for the parcel, and; The factor for the tier level, which equals the street tier number, and; The total number of street EDU's in the district. (1) = Sxaxt b NOTE: Undeveloped residential and commemial parcels with no existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area (3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street landscaping. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of EDU's for the parcel, and; Multiplied by (t): Divided by (b): The factor for the tier level, which equals the park tier number, and; The total number of park EDU's in the district. (2) = P x a x t b EXHIBIT C ~ .~.,~.~:.~ Page I of..,~.~ -,:,. 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) Dwelling Unit, less than 5 acres 1.0 Per parcel Undeveloped R-1 zoned 5 acres or more. 4/acre Rounded down to the nearest whole number. Undeveloped R-1 zoned, less than 5 acres. 1/acre Rounded down to the nearest whole number. Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.71/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6/acre Rounded to nearest .01 Mobile Homes in parks (Rent Space) 0.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. EDU EXCEPTIONS Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE EDU REMARKS Polo Grounds Undeveloped R-1 zoned 5 acres or more. Parkside Village 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) Single Family Dwelling Unit (Vineyard) 1.0 Multi-Family Dwelling Unit (Shores) 0.86/unit Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) 0.58/unit Non Residential (Castle & Cooke) 24.26 Non Residential (Parkside Partners) 7.56 Brimhall & Verdugo. Seven Oaks. North & South Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage EXHIBIT "C.'{ Page 3 of-~ USE Union Avenue Non Residential Silvercreek 370-022-04 Chester Avenue EDU 3 0.71/unit 12 units/Acre 6/acre REMARKS Per parcel Shall be charged at R-3 rate as per GPA Resolution No. 22-94 Area for each parcel is based 50% on lot area and 50% on building area. S:\PROJ\MD\FORMULAS\ExhC98 EXHIBIT "D" MAINTENANCE DISTRICT 2-17 Said assessment is made in accordance with the benefit formula attached hereto. 1998 - 1999 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balancel(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 $0.00 $o.oo $o.oo S:\PROJECTS/MAINDIS~EXHIBITD\MD2-17D.WB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 2-17 FISCAL YEAR 1998 - 1999 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 403-012-38-00-5 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield P:\MAiNDIST~EXHIBITS/MD2-17E WB3 EXHIBIT "E" Page 1 Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map No. 10307 Parcel Nos. I through 3 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this __ day of ,199__ by William Young and Ruby Young, husband and wife, as community property. (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described shall be included within Street Tier I of the Consolidated Maintenance District, and may be assessed for maintenance of public landscaping on public rights-of-way within the district. The ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this area, is $100.00 per equivalent dwelling, based on 1998 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): William Young and Ruby Young husband and wife, as community property 199 City of Bakersfield: Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures mus! be notarized. (]:/PROJ EC [ S/MA RIAN'~MA[N DIS ['C~ ~VFNANI\C()V.I~M September 11, 1998 310307. City of Bakersfield Public Works Deparlment 1501 Truxtun Avenue Bakersfield, CA 93301 A'FTN: Marian P. Shaw Re: Inclusion of Parcel Map in a Maintenance District Gentlemen: We, the undersigned, as owners of the prope~y included '~thin Parcel Map 10307 hereby waive our right to any and all hearings (whether pursuant to the Brown Act, Propos tion 218, its enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the fcrmation of or inclusion in a maintenance district. We further waive all rights under Proposition 218 to formally vote for these assessments and, by signing this letter' indicate our consent to the assessments· Sincerely, William Young WRY/top 31C~27yd.=oc AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 29TM day of September ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1178 , passed by the Bakersfield City Council at a meeting held on the 23"~ day of September. 1998, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 2-17, WHITE, WIBLE NW), TO THE CONSOLIDATED MAINTENANCE DISTRICT PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk ~' S:\DOCUMENT~FORMS~AOPOSTINGROI.WPD September 29, 1998