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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 S:\PROJECTS\MAINDIS'RROI\MD3-1 lri 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. S\PROJ\MD\LEGALS\Legal3 - l I 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. S:\PROJ\MD\FORMULAS\ExhC98 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 S:\PROJECTS\MAINDIST\EXHIBITD\MD3-11 DWB2 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 S:\MAINDIST~EXHIBtTE\MD3-11 E.WB3 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. SSpROJ\MD/('OVi, S f' 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~~ S:\DOCUMENT\FORMS\AOPOSTINGROI,WPD February 2, 1999