HomeMy WebLinkAboutROI NO 1179RESOLUTION OF INTENTION NO. 1179
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, (AREA 1-16, PALM, SPANKE), TO THE
CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT,
THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF
THE BENEFIT FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide
for the payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the several lots or parcels of property within the
maintenance district established therefor; and
WHEREAS, the property owner(s) has requested the City Council to establish
a maintenance district in accordance with the procedures established therefor by Chapter
13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works
Director recommends addition of territory to the Consolidated Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
add territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District, said area
is generally described in Exhibit "A" attached hereto, to maintain and operate the local
improvements including public street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the Clerk
of said Council his Report, attached hereto and incorporated herein by reference as Exhibit
"1", containing the following:
(a)
a description of the boundary of the additional territory, attached
hereto as Exhibit "A" and 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";
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(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 Tract 5684, Phases I & II 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 1-16, Palm, Spanke) 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 1-16, Palm,
Spanke) 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.
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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
OCT 0 ? 1~ , by the following vote:
CITY CLERK and Ex Officio Cle~¢,/of the
Council of the City of Bakersfield
APPROVED OCT I) I ~
APPROVED as to form:
ROBERT M. SHERFY .... /~
ACTING CITY ATTORNEY of the City of Bakersfield
S:tPROJECTS\MAINDIST~ROI\MD1-16d
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY (Area 1-16, Palm, Spanke)
Fiscal Year 1998-99
WHEREAS, on WEDNESDAY, OCTOBER 7, 1998, the Council of the City
of Bakersfield adopted its Resolution of Intention No. 1179 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 1-16, Palm, Spanke) to the Consolidated
Maintenance District is generally described as an area bounded by Palm Avenue on the
north, a line 1/4 mile east of Jewefta Avenue on the east, a line 1/4 mile south of Palm
Avenue on the south and a line 660 feet east of Jewefta Avenue on the west and as~
specifically shown on Map and Assessment Diagram marked Exhibit "B," aftached 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"
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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 1-16, Palm, Spanke) 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 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 Residential use, thus all parcels within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
Public median and street landscaping will benefit all the lots or parcels and
will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit
Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this
resolution as though fully set forth herein.
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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 1-16, Palm, Spanke)
subject to be assessed to pay the cost of maintenance and operation in said area.
Dated:
Director of Public Works
City of Bakersfield
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Area 1-16
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a
portion of Section 30, T 29 S, R 27 E, M.D. B. & M., and more particularly described as follows:
Commencing at the west quarter comer of said Section 30~ said point also being the
intersection of centerlines of Jewetta Avenue and Palm Avenue;
THENCE (1) South 89° 10' 57" East, along the mid section line of said Section 30 and
centerline of Palm Avenue, a distance of 656.26 feet, to the TRUE POINT OF BEGINNING;
THENCE (2) Continuing South 89° 10' 57" East, along said mid section line and centerline,
a distance of 656.26 feet;
THENCE (3) South 00° 52' 02" West, a distance of 1320.64 feet;
THENCE (4) North 89° 08' 56" West~ a distance of 655.54 feet;
THENCE (5) North 00° 50' 11" East, a distance of 1320.25 feet~ to intersect the mid section
line of said Section 30 and the TRUE POINT OF BEGINNING.
S\PROJ\M D\L EG ALS\Legal 1 - 16
EXHIBIT "A"
(AREA 1-16, PALM, 8PANKE) TO THE
CONSOLIDATED MAINTENANCE DIS'mlCT
BAKERSFIELD, CALIFORNIA
8
BIRCHHAVEN AVEI
NOT TO SCALE
k l :~E[_L ABARGER
ROAD
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 pamel 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) = S x a x t
b
NOTE: Undeveloped residential and commercial parcels with no existing adjacent median
or street landscaping shall be assessed one-half the number of EDU's for that parcel.
Undeveloped industrial parcels with no existing adjacent median or street landscaping shall
be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area (3-06)
and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street
landscaping.
(2) shall be the dollar amount budgeted for the maintenance and operation of
the PARKS (P) within the district, adjusted for prior year fund balance or
deficit;
Multiplied by (a): The number of EDU's for the parcel, and;
Multiplied by (t):
Divided by (b):
The factor for the tier level, which equals the park tier
number, and;
The total number of park EDU's in the district.
(2) = P x a x t
b
EXHIBIT "C" ,~,
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
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.
EXHIBIT "C"
Page 2 of 4 '-'
EDU EXCEPTIONS
Several exceptions have been made to the base EDU rates in the areas listed below due
to commitments made at the time of formation of the original districts.
USE EDU REMARKS
Polo Grounds
Undeveloped R-1 zoned
5 acres or more.
Parkside Village
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Single Family
Dwelling Unit (Vineyard)
1.0
Multi-Family
Dwelling Unit (Shores)
0.86/unit
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
0.58/unit
Non Residential
(Castle & Cooke)
24.26
Non Residential
(Parkside Partners)
7.56
Brimhall & Verdugo.
Seven Oaks. North & South
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
EXHIBIT"C" :,..
Page 3 of 4.~'
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
3
0.71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
S:\PROJ\MD\FORMULAS\ExhC98
EXHIBIT "C"
Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-16
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
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 1-16
FISCAL YEAR 1998 - 1999
Assessment Parcel No.
as shown on Map Total
Exhibit "B" Assessment
110-120-07-00-8 $0.00
Total
Date:
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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
Tract No. 5684 Phase 1 Lot Nos. 1 through 18
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of ,199__, by
Carriage Homes, a California Corporation, (hereinafter, "Owner"), in connection with the Consolidated
Maintenance District, located in the City of Bakersfield, California.
The real property herein described is located within Street Tier 1 of the Consolidated
Maintenance District, and may be assessed for maintenance of public landscaping on public rights-of-way
within the district.
Although this property may have been assessed a lesser amount in the present tax year, the
ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this
district, is $100.00 per single family dwelling, based on 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):
Carriage Homes
a California Coxporation
,199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
CARRIAGE HOMES
P.O. Box2353
BAKER, VFIELD, CA. 93303
(805) 837-9581
FAX (805) 837-9584
July 24, 1998
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield~ CA 93301
Attn: Marian P. Shaw
Regarding: Inclusion of Tract 5684 Phases 1 & 2 in a.Maimenance District
Gentlemen:
We, the undersigned, as owners of Tract 5684 Phases 1 and 2 hereby waive om 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 assessmeres for a
landscape 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,
easY~dee~a'ughn Sr.
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 12th day of October ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1179
passed by the Bakersfield City Council at a meeting held on the 7th day of October,
1998, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, (AREA 1-16, PALM, SPANKE), 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:\DOCU MENT~FORMS\AOPOSTINGROI .WPD
October 12, 1998