HomeMy WebLinkAboutROI NO 1186RESOLUTION OF INTENTION NO. 1186
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, (AREA 3-11, Wible, Sierra Meadows, East),
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 3-11, Wible, Sierra Meadows, East) 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. 5362 Units 1 & 2 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:
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 3-11, Wible, Sierra Meadows, East) benefitring 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
3-11, Wible, Sierra Meadows, East) 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 parcel per year.
by
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
Council of the City of Bakersfield at a regular meeting thereof held on
JAN 2 ? 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND. MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
CITY CLERK and Ex Offi
Council of the City of Bakersfield
of the
APPROVED JAN 2 7 1999
BOB PRICr~
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the~~
City of Bakersfield
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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 3-11, Wible, Sierra Meadows, East)
Fiscal Year 1998-1999
WHEREAS, on WEDNESDAY, January 27, 1999, the Council of the City of
Bakersfield adopted its Resolution of Intention No. 1186 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 3-11, Wible, Sierra Meadows, East) to the
Consolidated Maintenance District is generally described as an area bounded by a line 700
feet south of Hosking Avenue on the north, a line 990 feet east of Wible Road on the east,
a line 1/4 mile south of Hosking Road on the south and 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 3-11, Wible, Sierra Meadows, East) 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.
-2-
NOW THEI~EFORE, I, I~UL 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 3-'1 '1, Wible, Sierra
Meadows, East) 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
Area 3-11
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of Califomia, being a portion of
Section 36, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows:
Commencing at the northwest comer of said Section 36, said point also being the intersection of
centerlines of Hosking Avenue and Wible Road, thence South 00 ° 35' 06" West, along the centerline
of Wible Road, a distance of 704.08 feet to the northwest comer of Tentative Tract No. 5362 and the
TRUE POINT OF BEGINNING;
THENCE (1) South 89°09'5Y' East, a distance of 969.37 feet;
THENCE (2) South 00° 50' 07" West, a distance of 270.00 feet;
THENCE (3) South 89° 09' 5Y' East, a distance of 13.00 feet;
THENCE (4) South 00° 50' 07" West, a distance of 180.00 feet:
THENCE (5) North 89 ° 09' 53" West, a distance of 86.65 feet;
THENCE (6) South 00° 50' 07" West, a distance of 165.00 feet;
THENCE (7) North 89 ° 09' 53" West, a distance of 893.03 feet, to intersect the centerline of Wible
Road;
THENCE (8) North 00° 35' 06" East, along the centerline of Wible Road, a distance of 6 15.01 feet
to the TRUE POINT OF BEGINNING.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 8-11, WIBLE, SIERRA MEADOWS, EAST) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
TEIAC~ NO. ~ ?6a"'
~6N~TS oNE '+ 5~,
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 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
EQUIVALENT DWELLING 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
1/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 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.
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EXHIBIT "C"'
Page 4 of j,
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 3-11
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
$0.00
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EXHIBIT "Di'.
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 3-11
FISCAL YEAR 1998 - 1999
Assessment Parcel No.
as shown on Map
Exhibit "B"
373-090-21-00
Total amount to
be collected for
FY 1998-99
$0.00
Total
Date:
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"
Page 1
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakers field
City Cierk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Tract No. 5362 Unit l&2 Lot Nos. I through 57
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of , 199__, by
Sierra Country Estates. Managing Partners, LLC., (hereiuafter, "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 I 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 $t00.00 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
Owner(s)/Developer(s):
Sierra Country Estates,
Managing Parners, LLC
, 199
City of Bakersfield:
Barry Bernstein, President of CEK Inc.
Raul M. Rojas
Public Works Director
ttank Aizenman, President of ADC Development
NOTE: All owner(s)/developer(s) signatures must be notarized.
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AFFIDAVIT OF POSTING DOCUMENTS
that on the 2nd
Hall, a full, true and
passed by the Bakersfield City Council at a meeting held on the
1999, and entitled:
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
day of February ,1999 she posted on the Bulletin Board at City
correct copy of the following: Resolution of Intention No. 1186
27th day of January
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY (AREA 3-11, WIBLE, SIERRA MEADOWS,
EAST) TO THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT,
THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF
THE BENEFIT FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
BY:De~erk~~
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February 2, 1999