HomeMy WebLinkAboutRES NO 47-99RESOLUTION NO. ~J ~r, 9 9
A RESOLUTION ADDING TERRITORY (AREA 2-18, BUENA
VISTA, MING) TO THE CONSOLIDATED MAINTENANCE
DISTRICT AND CONFIRMING THE ASSESSMENTS,
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT
AND AUTHORIZING COLLECTION OF ASSESSMENTS BY
THE KERN COUNTY TAX COLLECTOR. (WARD 4).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1191, adopted April 14, 1999, declared its
intention to add territory (Area 2-18, Buena Vista, Ming) to the Consolidated Maintenance
District, preliminarily confirmed and approved the Public Works Director's Report, the
boundaries of the proposed additional territory, the fairness of the benefit formula and the
amount of assessment to be levied against each parcel. Said additional territory shall be
designated Area 2-18, Buena Vista, Ming, as shown and designated on that certain map
entitled Map and Assessment Diagram for Additional Territory (Area 2-18, Buena Vista,
Ming) to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year
1998-99 on file in the offices of the City Clerk and Public Works Director, City of
Bakersfield; and
WHEREAS, the Public Works Director duly filed with the City Clerk his
Report, including a budget, assessment formula, improvements to be maintained by the
district, description of property and proposed assessments; and
WHEREAS, the City of Bakersfield has received a letter from the property
owner within the additional territory (Area 2-18, Buena Vista, Ming) which waives all rights
to a protest hearing as required by the Brown Act, Streets and Highway Code, Chapter
13.04 of the Bakersfield Municipal Code and Proposition 218, its enabling legislation or
any other provision of law'. and
WHEREAS, the City Council has waived its rights to a protest hearing as
required by the Brown Act, Streets and Highway Code, Chapter 13.04 of the Bakersfield
Municipal Code and Proposition 218, its enabling legislation or any other provision of law
for two City owned fire station parcels within the additional territory; and
WHEREAS, the City Council desires that the permanent fire station parcel
located on White Lane extension per Grant Deed recorded August 8, 1997, Document
#:0197103579 be excluded from the additional territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
1. The foregoing recitals are true and correct and incorporated herein by
reference.
2. The Council hereby adds territory (Area 2-18, Buena Vista, Ming) to the
Consolidated Maintenance District and confirms and adopts the Public Works Director's
Report, (attached hereto as Exhibit 1 and incorporated herein by reference) including the
amounts of assessment for each assessed parcel, as set forth in the Public Works
Director's Report.
3. Exhibits "A" and "B" attached hereto and incorporated herein by reference
describe the additional territory (Area 2-18, Buena Vista, Ming).
4. All parcels within this area shall be assessed an amount not to exceed
$125.00 per equivalent dwelling unit per parcel. All such parcels are assessed $40.06 per
equivalent dwelling unit (representing street tier 1 and park tier 1 assessments) for fiscal
year 1998-99 but will not be collected for this fiscal year because landscape and park
improvements have not yet been installed. When landscape and park improvements have
been completed, street tier 1 and park tier 1 assessments will be assessed. The benefit
formula (Exhibit "C"), budget for Area 2-18 (Exhibit "D") and assessment roll for Area 2-18
(Exhibit "E") are attached hereto and incorporated herein by reference.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 1999-2000 fiscal year and each fiscal year thereafter,
the Public Works Director is hereby directed to prepare an Annual Report, as provided in
Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the
time allowed for placement of assessments on the County tax rolls for the applicable fiscal
year. Upon filing of the Annual Report, the Clerk shall set a hearing before the City
Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said
Code.
7. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements by City forces or by private
contractor. Such determination and election is to be made for each year at the time the
budget and assessment is approved for the year in question.
.......... 000 ..........
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 APR 2 8 19oj9
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, R-GVVL-E~, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~p,
Council of the City of Bakersfield
APPROVED: AI~R P,, 8 1999
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S~PROJECTSWIAINDISTMESTABWID2-1 BEst
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY (Area 2-18, Buena Vista, Ming)
Fiscal Year 1998-99
WHEREAS, on WEDNESDAY, April 14, 1999, the Council of the City of
Bakersfield adopted its Resolution of Intention No. 1191 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 2-18, Buena Vista, Ming) to the Consolidated
Maintenance District is generally described as an area bounded by the Kern River and
Kern River Canal on the north, Buena Vista Road on the east, White Lane on the south
and South 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 a public park and 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, rest
rooms, drinking fountains, barbecues and storage buildings, plumbing and fixtures
therefore, recreation equipment, including swings, slides, play structures, etc., and picnic
facilities, including trash cans, fountains, benches, 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 2-18, Buena Vista, Ming) is being added to the
Consolidated Maintenance District for the maintenance of public a public park, 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 shall be assessed an amount not to exceed
$125.00 per equivalent dwelling unit per parcel. All such parcels are assessed $40.06 per
equivalent dwelling unit (representing street tier 1 and park tier 1 assessments) for fiscal
year 1998-99, but will not be collected for this fiscal year because landscape and park
improvement have not yet been installed. When landscape and park improvements have
been completed, street tier 1 and park tier 1 assessments will be assessed.
The area will consist of residential and non-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 park and 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.
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 2-18, Buena
Vista, Ming) 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
LEGAL DESCRIPTION
Area 2-18
A parcel of land situated in the City of Bakersfield, County of Kern, State of Califomia, being
portions of Sections 1 and 12, T 30 S, R 26 E., and more particularly described as follows:
Tentative Parcel Map 10403, in said Section 1.
All of said Section 12. Excepting therefrom the City owned fire station parcel per Grant
Deed recorded August 8, 1997, Document #:0197103579.
EXHIBIT "A"
S',PROJXMD\LEGALS\LegaI2-18
MAP AND AS;SE:S~}V1ENT DIAGRAM
FOR ADDITION C)F TERRITORY
(AREA 2-.-18 ffqEB~JENA ',7, ST/~, MING) TO THE
CONSOL IDA lvIAINTEN/\kjCE DISTRICT
BAKERSFIELD, CALIFORNIA
IIII
NOT TO SCALE
E. 1/4 CO~. SEC. 1~ 30/26
/
PARCEL 2
~A;N~NANC~ OZS~;Cr e~NDARY ~
,' · ' N ~ SECTION 12, T.30 S., R.26 E.
~EAST 14 CORNER
:c i SECT ON/ 12, T,5OS. R,27E.
- K.C.S. MOB. N LAMPBOLE
E -PERMANENT CITY OF BAKERSFIELD FIRE STA1]ON
NOT A PART
--SOUTHEAST CORNER
SECTION 12, T, 30 , R.26E.
MAP BK 6. PC. ~
FILED IN THE OFFICE OF THE CITY CLERK THIS .... DAY
OF , 19__
CIT~ CLERK OF THE CITY OF
BAKERSFIELD. CAUFORN~A
FILED FOR RECORD THIS DAY OF .
19 AT __.M,. IN BOOK OF ASSESSMENT
DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF KERN. STATE OF CALIFORNIA.
JAMES W, MAPLES
COUNTY ASSESSOR-RECORDER
AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS,
P~ECES AND PARCELS OF LAND SRO~,I ON THIS ASSESSMENT DIAGRAM,
SAID ASSESSMENT WAS LEVIED ON THE __ DAY OF
. 19j SAD ASSESSMENT D~AGRAM AND
THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE
DEPARTMENT OF PUBLIC WORKS OF SAID CITY ON THE __ DAY
OF , 19__. REFERENCE IS MADE TO THE
ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF
PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVqED
AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM
BY
CHIEF DEPUTY RECORDER
RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS
THIS DAY OF , 19~.
DIRECTOR OF PUBLIC WORKS
BAKERSFIELD. CALIFORNIA
CI]~ CLERK OF THE CITY OF
BAKERSFIELD, CALIFORNIA
EXHIBIT
RLE: AREA2-18 SHt~f 1 of I
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 tevel, 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
Page 1 of:,,1 ,'"',
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.
l/acre
Rounded down to the
nearest whole number.
Multi-Family (Attached)
Q71/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 ....
Page 2 o~;;~
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 OF 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 acFes OF moFe
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
EDU
REMARKS
Non Residential
Silvercreek
370-022-04
Chester Avenue
3
0.71/unit
12 units/Acre
6/acre
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
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 2-18
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\MD2-18D.WB2
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 2-18
FISCAL YEAR 1998 - 1999
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 1998-99
161-060-04-00-4
161-060-07-00-3
161-060-09-01-8
161-060-10-00-1
161-060-27-00-1
161-010-43-00-2
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
S:\MAINDIST~EXHIBITE\MD2-18E.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. 10403 Parcels 1 and 2
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of , 199__, by
Castle & 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 1 and Park 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 $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 & 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.
S: \PROJ\MD\COV\ST&PK
Stephan J. DeBranch
Director of Engineering
Castle&Co&
CALIFORNIA, INC.
March 24, 1999
Marian P. Shaw
City of BakersfieM
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Subject: Inclusion of Parcel Map No. 10403 in a Maintenance District
Dear Ms. Shaw:
We, the undersigned, as owners of the property included within Parcel Map No. 10403, hereby
request that the property be included within the Consolidated Maintenance District. This request
is pursuant to the requirements of Municipal Code Section 13.04.021.
Enclosed is a check in the amount of $ 1 ,486.00 to cover the costs mentioned above. Further, our
engineer will supply you with a disk copy of the Parcel Map for your use.
We also waive our right to any and all hearings (whether pursuaant to the Brown Act, Proposition
218, its enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the
formation 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.
Please contact Roger Mclntosh at 834-4814 if you have any questions.
Sincerely,
~rallc~
Director of Engineering
SJD/cm
Enc.
100006. H. lll. gvl~bP.O Box 11165 · Bakersfield, CA93389-1165 · (661)664-6503 , Fax(661)'~64-6042
Stephan J. DeBranch
Director of Engineering
Castle&Cooke
CALIFORNIA, INC.
March 31, 1999
Marian P. Shaw
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Subject: Inclusion of Parcel Map No. 10617 and Lot Line Adjustment No. P98-0776 in a
Maintenance District
Dear Ms. Shaw:
We, the undersigned, as owners of the property included within Parcel Map No. 10617 and Lot
Line Adjustmere No. P98-0776, hereby request that the property be included within the
Consolidated Maintenance District. This request is pursuant to the requirements of Municipal
Code Section 13.04.021.
Fees have been paid through Tract No. 5936. Further, our engineer has supplied you with a disk
copy of the Maps for your use.
We also waive our fight to any and all hearings (whether pursuaant to the Brown Act, Proposition
218, its enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the
formation 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.
Please contact Roger McIntosh at 834-4814 if you have any questions.
Since!... , .
eBran
Director of Engineering
SJD/cm
Enc.
10000(:~otltnlR~xl:iigh~alLs~ilatR~mP.O. Box 11165 · Bakersfield, CA93389-1165 · (661) 6644503 ° Fax (661) 664-6042