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Home My WebLink AboutRES NO 46-99RESOLUTION NO. 4 6 "9 9 A RESOLUTION ADDING TERRITORY (AREA 1-15, STOCKDALE, CALLOWAY) 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. 1187, adopted April 14, 1999, declared its intention to add territory (Area 1-15, Stockdale, Calloway) 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 1-15, Stockdale, Calloway, as shown and designated on that certain map entitled Map and Assessment Diagram for Additional Territory (Area 1-15, Stockdale, Calloway) 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 1-15, Stockdale, Calloway) which waives all rights to a public hearing and 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. 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 1-15, Stockdale, Calloway) to the Consolidated Maintenance District and confirms and adopts the Public Works Directors 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 ORIGINAL describe the additional territory (Area 1-15, Stockdale, Calloway). 4. All parcels within this area shall be assessed an amount not to exceed $100.00 per equivalent dwelling unit per parcel. All such parcels are assessed $22.94 per equivalent dwelling unit (representing street tier 1 assessments) for fiscal year 1998-99 but will not be collected for this fiscal year because landscape improvements have not yet been installed. When landscape improvements have been completed, street tier 1 assessments will be assessed. The benefit formula (Exhibit "C"), budget for Area 1-15 (Exhibit "D") and assessment roll for Area 1-15 (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 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, RO?!LES, SULLIVAN, SALVAGGIO COUNCILMEMBER Ato ~ p. CITY CLERK and Ex Officio f the Council of the City of Bakersfield APPROVED: APR g 8 1999 MAYOR of the City of Bakersfield APPROVED as to form: '~ // 7 BA~'/R'R~ "~TG~ CI of the City of Bakersfield Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S\PROJECTSWIAINDIST~STABW1D1-15Est City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY (Area 1-15, Stockdale, Calloway) Fiscal Year 1998-99 WHEREAS, on WEDNESDAY, April 14, 1999, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1187 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 1-15, Stockdale, Calloway) to the Consolidated Maintenance District is generally described as an area bounded by the Kern River on the north, the east line of Section 31 on the east, Stockdale Highway on the south and the northerly prolongation of Buena Vista 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 1-15, Stockdale, Calloway) 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 shall be assessed an amount not to exceed $100.00 per equivalent dwelling unit per parcel. All such parcels are assessed $22.94 per equivalent dwelling unit (representing street tier 1 assessments) for fiscal year 1998-99, but will not be collected for this fiscal year because landscape improvement have not yet been installed. When landscape improvements have been completed, street tier 1 assessments will be assessed. 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. 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 1-15, Stockdale, Calloway) 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 1 - 15 LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being portions of Sections 31 and 32, T 29 S, R 27 E, and Section 6, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows: Parcel Map 10299, parcels 1, 2 and 3, Recorded in Book 48, Page 191, O.R. Parcels A, B and a portion of C of Certification of Correction for Lot ;Line Adjustment P98- 0776, Recorded in Book 6952, Page 2024, OR. (Note: the remainder of parcel C is currently within the Consolidated Maintenance District. ) EXHIBIT "A" S\PROJXMD\LEGALS\Legal 1 - 15 MAP AND ASSESSMENT DIAGRAM FOt:;~ ADDITION OF TERRITORY (AREA 1--15, STOCKDALE CALLOWAY) TO THE CONSOLIDATED MAINT'ENANCE DIS ICT TR BAKERSFIELD, CALIFORNIA CORNER SECTION 6 PIPE ~TH CAP MARKED FOR CORNER NORTH LINE OF SECTION 6 S 89'11'05" E ~2"~ L2L3L8 LINE DIRECTION DISTANCE L2 S84'06'50"E 93,0T L5 S84'06'30"E 44.53' L5 N61"54'45"'E 199.93' L6 NTO"2T16"E 5.32" L7 NTO'2T16"E 61.64' L8 N84"OO'58"E 88,08' L9 NOl'4-8'23"W 104.66' ' L10 S82'00"04'E 156.84' DISTRICT BOUNDARY\, Illl NOT TO SCALE L~VER ,.,.,i~ z do Ld'~ ZO 0 LdC5 Z~ FILED IN THE OFRCE OF THE CITY CLERK THIS .... DAY CIT~ CLERK OF THE CiTY OF BAKERSFIELD, CAUFORNIA AN ASSESSMENT WAS LEVlED BY THE CITY COUNCIL ON THE LOTS. PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAiD ASSESSMENT WAS LE'vIED ON THE __ DAY OF · 19__; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL V/ERE RECORDED IN THE OFFICE OF THE DEPARTId[NT 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 PUBUC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LE'~IED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. 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 BY CHIEF OEPUTY RECOROER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUDUC WORKS THiS __ BAY OF , 19__. DIRECTOR OF PUBLIC WORKS BAKERSREID. CALIFGRNIA CITY CLERK OF THE OTY OF BAKERSFIELD. CAUFORNIA 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 EX H I B IT" 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 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. 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 USE Union Avenue EDU REMARKS Non Residential Silvercreek 370-022-04 3 0.71/unit 12 units/Acre Per parcel Shall be charged at R-3 rate as per GPA Resolution No. 22-94 Chester Avenue 6/acre Area for each parcel is based 50% on lot area and 50% on building area. S:\PROJW1D\FORMULAS\ExhC98 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-15 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\MD1-15D.WB2 I~SXHIBIT "D? EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-15 FISCAL YEAR 1998 - 1999 Assessment Parcel No. as shown on Map Exhibit "B" Total amount to be collected for FY 1998-99 390-011-03-00 390-011-04-00 390-011-05-00 390-012-02-00 390-012-30-00 390-012-31-00 390-012-32-00 $0.00 $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',ME) I -15E.WB3 EXHIBIT "E" Page 1 Recording requested by and for the benefit of the City of Bakersfield. When recorded ma~ to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER' S USE ONLY Parcel No. 10299 Parcels 1 through 4 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 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)/Devdoper(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 Stepban J. DeBrm~ch Dir,','.'to · qf E n,~ i~ecring Cas&&Cooke CA I .I FORN IA, INC. AprU i 5, 1999 Marjan P. Shaw City of Bakers~eld Pub fie Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Subjet: Inclusion of Parcel Map No. 10299 in a Maintenance District Dear Ms. Shaw: We, the undersigned, as owners of the property included within Pateel Map No. 10299 hereby request that the property be included within the Consolidated Maintenance District. 'rifts request is pursuant Io the requirements of Municipal Code Section 13.04.021. We also waive our right to any and all hearings (whether pursuant to the Brown Act, Proposition 21 g, its enabling legislation, the Bakers~eM Mtmicipal Code, or any other law) concerning the formation of or inclusion in a maintenance district. We further waive all rights under Proposition 21 g to formally vote for these assessmems and, by signing this letter, indicate our consent to the assessments. Please contact Roger Mclntosh at g34-4814 ifyou have any questions. Sincerely, Stepban J. DeBranch Director o f Engineering StD/kbg * Bakersfield, CA93389-1165 · (661) 6644,~3