HomeMy WebLinkAboutRES NO 013-03RESOLUTION NO. 0 ].3 ' 0 3
A RESOLUTION ADDING TERRITORY, AREA 1-30
(JEWETTA, REDDICK), 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. 1269 adopted January 15, 2003, declared its
intention to add territory, Area 1-30 (Jewetta, Reddick), 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 1-30 (Jewetta, Reddick), as shown and
designated on that certain map entitled "Map and Assessment Diagram for Addition of
Territory, Area 1-30 (Jewetta, Reddick), to the Consolidated Maintenance District,
Bakersfield, California," for Fiscal Year 2002-2003 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 1-30 (Jewetta, Reddick), which waives any
and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code or
any other law) concernin9 the formation of and assessments for Inclusion in the
Consolidated Maintenance District. The owner also has submitted a Proposition 218
Ballot (Official Assessment Ballot) indicating his consent to the assessment.
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 1-30 (Jewetta, Reddick), 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.
1
3. Exhibits "A" and "B" describe the additional territory, Area 1-30
(Jewetta, Reddick).
4. All parcels within this additional territory shall be assessed an amount
not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit
"C") per parcel. However, parcels will not be assessed until street landscape
improvements have been installed. When street landscape improvements have been
completed, the appropriate street tier will be assigned, but in no case shall the
assessments exceed $125 per equivalent dwelling unit. The benefit formula (Exhibit
"C"), budget (Exhibit "D") and assessment roll (Exhibit "E") are attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 2003-2004 fiscal year and each fiscal year thereafter,
the Public Works Director is hereby directed to prepare an A~r~nual 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 meetin9 thereof held
on JAN 2 9 2003 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER /%J~/~
COUNCILMEMBER
CITY CLERK and Ex OffiCio Clerk of the
Council of the City of Bakersfield
APPROVED:
JAN 29 Z003
/
HARVEY L. HALL /
MAYOR of the City of Bakersfield ,
APPROVED as to form:
BART J. THILTGEN
City Attorney
By:
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S\PROJECTS\MAIN DIST~ES f AB\MD 1-30Est
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-30 (JEWETTA, REDDICK)
Fiscal Year 2002-2003
Addition of territory, Area 1-30 (Jewetta, Reddick) to the Consolidated
Maintenance District is generally described as an area bounded by a line 660 feet north of
Brimhall Road on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 330 feet
north of Brimhall Road on the south and a line 870 feet east of Jewetta Avenue on the west, 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. The improvements generally include,
but are not limited to, irrigation system including water mains, sprinklers, fountains, and
electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover
and turf; and sidewalks and walkways 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.
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 park and
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 1-30 (Jewetta, Reddick) 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 street tier in the
Consolidated Maintenance District so that each parcel will be assessed the same
EXHIBIT "1"
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 (as that term is defined in Exhibit "C") per parcel.
However, parcels will not be assessed until street landscaping has been installed.
When street landscape improvements have been completed, the appropriate street tier
level will be assigned, but in no case shall the assessments exceed $125 per equivalent
dwelling unit.
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 2002-2003 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 territory,
Area 1-30 (Jewetta, Reddick), 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
EXHIBIT "1"
LEGAL DESCRIPTION
Area 1-30
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 30, T 29 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Commencing at the southwest corner of said Section 30, being the intersection of
centerlines of Brimhall Road and Jewetta Avenue; thence South 89o 06' 55" East,
along the south line of said Section 30 and centerline of Brimhall Road, a
distance of 1309.61 feet; thence North 00° 52' 08" East, a distance of 330.08
feet, and the TRUE POINT OF BEGINNING;
THENCE (1) North 89° 07' 15" West, a distance of 449.00 feet;
THENCE (2) North 00° 48' 21" East, a distance of 330.14 feet;
THENCE (3) South 89° 07' 55" East, a distance of 449.36 feet;
THENCE (24 South 00° 52' 08" West, a distance of 330.22 feet, to the TRUE
POINT OF BEGINNING.
S:\PROJ ECTS\MAIN DIST\LEGALS\Legall 26.wpd
EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 1-30, JEWE'I-rA , REDDICK) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
NOT
TRACT NO. '~J57 Iii
mT~ PHASE B ....
~.w,.~"4~. '~"' ~ BR~"~
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 as
defined on page 2 of this exhibit) 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) = S x a x t
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
(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
Note: Since Proposition 218 was passed in November 1996, assessment rates have
been frozen at the 1996-1997 level.
EXHIBIT "C"
Page I of 4
EQUIVALENT DWELLING UNIT (EDU) CHART
An Equivalent Dwelling Unit (EDU) is equal to a single family residence. 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,
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 (1-04)
Undeveloped R-1 zoned
5 acres or more.
Parkside Village (2-01)
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 & Verdu.qo (1-09)
Seven Oaks, North (2-11 ) & South (2-20)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Villa,qe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBIT "C"
Page 3 of 4
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-O22-04
Chester Avenue (4-11 & 4-16)
Wall Street (4-25)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
EDU
3
0.71/unit
6/acre
REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
Park maintenance fee to be
paid per Agreement 96-81 (1).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
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11-26-02
EXHIBIT "C"
Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-30
kd assessment is made in accordance with the benefit formula attached hereto.
2002-2003
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$0.00
S/PROJECTS/MA]NDIST/EXHtBITD/MD1 30D Wi]2
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-30
Assessor's Parcel No
as shown on Map
Exhibit "B"
110-130-37-00-8
ASSESSMENT ROLL
FISCAL YEAR 2002-2003
Total amount to
be collected for
FY 2002-2003
$0.00
Total
Date:
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
16 :IPE
REAL ESTATE CENTER
November 14, 2001
City of Bakersfield Public Works Department
Attn: Marian P. Shaw
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Ms. Shaw:
RE: Inclusion of Tract Map #6089 in a Maintenance District
REALTOR~
We, the undersigned, as owners of the property included within Tract Map No. 6089
hereby request that the property be included within the Consolidated Maintenance
District. This request is in accordance with the requirements of Bakersfield Municipal
Code Section 13.04.021.
Enclosed is a check in the amount of $1,532.00 to cover the costs of inclusion within the
Consolidated Maintenance District. Furthermore, our engineer will supply you with a
computer disk copy of the map for your use.
We also waive our right to any and all hearings in accordance with the Brown Act, the
Bakersfield Municipal Code, and/or any other law, concerning the formation of or
inclusion in the maintenance district. We have signed and are returning the enclosed
Proposition 218 ballot (Official Assessment Ballot) indicating our consent to the
assessment.
Very truly yours,
ELMER F. KARPE, INC~
Cra'ig Lin~s~' ~' ''
Secretary / Treasurer
4000 Ming Avenue Bakersfield, CA 93309 P.O. Box 1968 Bakersfield, CA 93303 (661) 832-1806 Fax (661) 832-6953
CITY OF BAKERSFIELD
CONSOLIDATED MAINTENANCE DISTRICT
IMPORTANT
OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are proposed to
be included in the City of Bakersfield Consolidated Maintenance District (hereinafter CMD).
This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To
be counted, this assessment ballot must be signed below by the owner or, if the owner is not an individual, by an
authorized representative of the owner.
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
Owner:
Property description:
(address, lot~block~tract or other legal)
Individual annual assessments shall not exceed $125.00 per equivalent dwelling unit.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include the above described [~/Yes'
Property within the Consolidated Maintenance
District and few'an assessment not to exceed [] No
the amount set forth above?
Owner Signature:
Title (if representing owner):
Date: //--/~- C;~
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
CiD of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Tract No. 6089., Lots I through 8.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day o~' ,200 , by,
Ehner F. Karpe, Inc., a Cali£omia Corporation, (hcrcinafter, "Owner"), in connection with the Consolidated
Maintenance District, located in thc City of Bakersfield, Cali['ornia
The real property herein described is located within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of-way within the
district. The appropriate Street Tier will be assigned when landscape improvements have been installed.
Although this property may have been assessed a lesse~ amount in the present tax year, the ultimate
estimated annual assessment tbr maintenance of public landscaping based on full buildout of this district, is $125.00
per equivalent dwelling unit, based on 2002 dollars and labor costs of the district.
This covenanl may not bc amended or modified without the prior approval of the City of Bakersfield. This
covenanl shall run with the land.
Dated this day of ,200 .
Ov, ner{s)/Developer(s):
Ehner F. Karpe, Inc.
a Calitbrnia Corporation
City of Bakersfield:
Raul M. Roias Public Works Director
NOTE: Ail owner(s)/developer(s) signatures must be notarized.
S:PIU).IE( FSMAINDIS~(OVENANTStdoc