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HomeMy WebLinkAboutROI NO 1184RESOLUTION OF INTENTION NO. 1184 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 1-14, BRIMHALL, ALLEN SE), 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 distdct 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 1-14, Brimhall, Allen SE) 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"; -1- (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 Map No. 5882 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 1-14, Brimhall, Allen SE) 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 1-14, Brimhall, Allen SE) 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 2 zone of benefit and is assessed an amount not to exceed $125.00 per parcel 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 DEC 0 9 1998 , by the following vote: i~1~: C~ N~MEE~iDeMON~ ~SON, MAGGARD, ~H, ~, SULLI~N, ~ A~TAIN: ~IL~R ~on~. ........ A~E~' ~UNCEME~ER ~ O n ~ ........ ~ant CITY CLERK and Ex Officio Clerk o~he Council of the City of Bakersfield APPROVED DEC 0 g 1998 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the //~ City of Bakersfield S:\PROJECTS\MAINDIST~ROI\MD1-14ri Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY (AREA 1-14, BRIMHALL, ALLEN SE) Fiscal Year 1998-1999 WHEREAS, on WEDNESDAY, December 9, 1998, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1184 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 1-14, Brimhall, Allen, SE) to the Consolidated Maintenance District is generally described as an area bounded by Brimhall Road on the north, Jewetta Avenue on the east, the proposed Kern River Freeway on the south and Allen 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 1-14, Brimhall, Allen SE) 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 2. The estimated maximum cost for residential development is $125.00 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. -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 1-14, Brimhall, Allen SE) subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield -3- MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-14 BRIMHALL, ALLEN SE) TO THE CONSOLIDATED MAINTENANCE DISTRICT ~3ARF. R,S F~F, gl), CALIFORNIA CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's) for the parcel, and; The factor for the tier level, which equals the street tier number, and; The total number of street EDU's in the district. (1) = Sxaxt b NOTE: Undeveloped residential and commercial pareels 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 EQUIVALENT DVVELLING UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE Agricultural Zone Single Family (Detached Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 5 acres or more. Undeveloped R-1 zoned, less than 5 acres. Multi-Family (Attached) Undeveloped R-2, R-3 Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use EDU REMARKS 1.0 Per parcel 1.0 Per parcel 4/acre l/acre 0.71/unit 0.71/unit 6/acre 0.71/unit Rounded down to the nearest whole number. Rounded down to the nearest whole number. Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Rounded to nearest .01 1.00/unit Each calculated per the above. EXHIBIT "C"' ~ Page 2 of 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",. ~i~:,~ 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:\PRO J\MD\FO RMU LAS\ExhC98 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-14 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 $0.00 $o.oo S:IPROJECTSIMAINDIST~EXHIBITDIMD1-14D WB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-14 FISCAL YEAR 1998- 1999 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 409-010-22-00-6 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield P/MAINDIST~EXHIBITE\MD 1-14E 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 Tract No. 5882 All Phases Lot Nos. All LOtS COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this __ day of , 199__, by Castle and Cooke California, Inc., 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 2 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 $125.00 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): Castle and Cooke California, Inc., a California Corporation 199 . City of Bakersfield: Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. 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 15TM day of December ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1184 passed by the Bakersfield City Council at a meeting held on the 9TM day of December 1998. and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY (AREA 1-14, BRIMHALL , ALLEN SE), 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 December 15, 1998