HomeMy WebLinkAboutRES NO 168-99RESOLUTION NO. ]1 6 8 "' 9 9
A RESOLUTION ADDING TERRITORY, AREA 2-16 (WIBLE,
PRAIRIE), 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 3).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1200, adopted November 3, 1999, declared its
intention to add territory, Area 2-16 (Wible, Prairie), 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 2-16 (Wible, Prairie), as shown and designated on that certain map
entitled Map and Assessment Diagram for Additional Territory, Area 2-16 (Wible, Prairie),
to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 1999-
2000 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 2-16 (Wible, Prairie), which waives any and all
hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code or any other
law) concerning 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 2-16 (Wible, Prairie), 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.
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3. Exhibits "A" and "B" describe the additional territory, Area 2-16 (Wible,
Prairie).
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 $22.94 per
equivalent dwelling unit (representing street tier 1 assessments) for fiscal year 1999-2000,
but such assessments will not be collected for this fiscal year because street landscape
improvements have not yet been installed. When street landscape improvements have
been completed, street tier 1 assessments will be assessed. 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 2000-2001 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.
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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
NOV 1 ? 1999 ., by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER t~(3~ ~
COUNClLMEMBER
COUNClLMEMBER ~-~ o f-J-~¢
CITY CLERK and~rk of the
Council of the City of Bakersfi~d
APPROVED: NOV 1__ ? 1999
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 2-16 (Wible, Prairie)
Fiscal Year 1999-2000
Addition of territory, Area 2-16 {Wible, Prairie) to the Consolidated
Maintenance District is generally described as an area bounded by a line 490 feet north
of Prairie Lane on the north, Rudnick Court on the east, Prairie Lane 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.
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 2-16 (Wible, Prairie) is being added to the
Consolidated Maintenance District for the maintenance of public street medians 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.
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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 $22.94 per
equivalent dwelling unit (representing street tier 1 assessments) for fiscal year 1999-2000,
but such assessments 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 area will consist of nonresidential 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 1999-2000 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 2-16
(Wible, Prairie), 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
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LEGAL DESCRIPTION
Area 2-16
A parcel of land being a portion of Section 13, T. 30 S, R. 27 E., M. D. B. & M., and more
particularly described as follows:
Commencing at the west 1/4 corner of said Section 13, thence South 00° 35' 05" West,
along the west line of said Section 13, also being the centerline of Wible Road, a distance
of 1,321.36 feet, to intersect the westerly prolongation of the north line of Parcel Map No.
10296, as per map filed September 26, 1997 in Book 49 of Parcel Maps, Page 17 in the
office of the Kern County Recorder, and the TRUE POINT OF BEGINNING;
Thence (1) South 89° 19' 08" East, along said north line and westerly prolongation
thereof, a distance of 230.00 feet;
Thence (2) South 00° 35' 05" West, along the boundary of said Parcel Map, a
distance of 242.00 feet;
Thence (3) North 82° 31' 37" East, along the boundary of said Parcel Map and
easterly prolongation thereof, a distance of 389.60 feet to intersect the centerline
of Rudnick Court;
Thence (4) South 10° 27' 00" East, along said centerline, a distance of 228.44 feet,
to intersect the centerline of Prairie Lane;
Thence (5) South 79° 33' 00" West, along the centerline of Prairie Lane, a distance
of 359.56 feet, to the beginning of a tangent curve, concave northerly, having a
radius of 400.00 feet, which radius point bears North 10° 27' 00' West;
Thence (6) Westerly along said curve and centerline, through a centrat angle of
11 o 02' 05", an arc length of 77.04 feet;
Thence (7) North 89° 24' 55" West, a distance of 230.00 feet, to intersect the west
line of said Section 13, also being the centerline of Wible Road;
Thence (8) North 00° 35' 05" East, along said west line and centerline, a distance
of 488.21 feet to the TRUE POINT OF BEGINNING.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 2-16, WlBLE, PRAIRIE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
NOT TO SCALE
55'
P AF:~ L,E,_ MAP
N 89'24'55* W 23000'
NO. ] 0296
BY
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) = 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. 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
EXHIBll
Page ~f 4 ~-
EQUIVALENT DWELLING UNIT (EDI, J) 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.
EXHIBIT<~(~" ~¢
Page ~of 4 r,,r_
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 & Verduao.
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
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
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 "D"
MAINTENANCE DISTRICT AREA 2-16
Said assessment is made in accordance with the benefit formula attached hereto.
1999-2000
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deflcit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$o.oo
$o.oo
$0.00
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EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 2-16
FISCAL YEAR 1999-2000
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 1999-2000
405-260-26-00-3
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"
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