HomeMy WebLinkAboutROI NO 1221RESOLUTION OF INTENTION NO. 't221
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, (AREA 2-23, WHEELAN COURT), 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 include
the property within the Consolidated 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 2-23 (Wlheelan Court) 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, tile 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
(b)
a map and assessment diagram of the additional territory, attached
hereto as Exhibit "B"; and
(c) the benefit formula set forth as Exhibit "C"; and
(d)
a Budget, Exhibit "D," containing the matters specified in Section
13.04.130 of the Bakersfield Municipal Code; and
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(e)
the amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E"; and
WHEREAS, tile City of Bakersfield has received a letter from the owner(s)
of the property described in Tentative Tract No. 5996 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; and
WHEREAS, said property owner(s) has returned his assessment ballot
indicating his support of the proposed assessments and inclusion in the Consolidated
Maintenance District.
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 preliminariiy 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 2-23, Wheelan Court) benefitting 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 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 2-23 (Wheelan Court) to the
Consolidated Maintenance District, Bakersfield, California," 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 detai~s as to the extent of the addition.
3. Each paroel identified in Exhibit "E" is included in the Street Tier 1
zone of benefit and is assessed an amount not to exceed $125.00 per equivalent dwelling
unit per year.
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I HEREBY CE. RTBFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
AUG 16 ZO00 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT;
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, Cy~,F_~C,4J , SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
AUG I
BOB ~~ ~//"
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
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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 2-23 (Whee~an Court)
Fiscal Year 20,00-200'1
Addition of territory, Area 2-23 (Wheelan Court) to the Consolidated
Maintenance District is generally described as an area bounded by Ardmore Avenue on
the north, Akers Road on the east, the alBey north of ParkerAvenue on the south and a line
630 feet west of Akers 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 maintai ning public street medians and
other public street landscaping improvements. The improvements generally include,
but are not limited to, irrigallion system, including water mains, sprinklers, fountains, and
electrical wires, conduits and timers; and plant forms including trees, shrubs, ground cover
and tuff 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 6terns necessary for the proper
maintenance and operation thereof, and all additions and improvements thereto which may
hereafter be made.
For many years, public parks, pubgic street median and other public street
landscaping improvements in the City were maintained through traditional tax revenues.
After Proposition 13, in 19'78, 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.
AdditionaM territory, Area 2-23 (Wheelan Court) 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 parceM will be assessed the same amount as other
parcels receiving a similar benefit.
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EXHIBIT "1"
All parcels within this area shall be assessed an amount not to exceed
$125.00 per equivalent dwelling unit (as defined in Exhibit "C") per parcel. However,
parcels will not be assessed until reed ian and/or street landscape improvements have been
installed. When median and/or street 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 median and 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 Ysar 2000-2001 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 2-23
(Wheelan Court) 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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EXHIBIT "A"
MAINTENANCE DISTRICT ANNEXATION
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 30
SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
PARCELS 3, 4, AND 5 OF PARCEL MAP NO. 8490 AS FILED OCTOBER 30, 1987 IN BOOK
35 OF PARCEL MAPS AT PAGE 27 IN THE OFFICE OF THE KERN COUNTY RECORDER.
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
]BAKERSFIELD, CALIFORNIA
NOT TO SCALE
--~ ~ AR
TRACT NO./5,,~,,9,,,6~,~F/~
~ LOT 1
LOT 5
LOT 2
LOT 4
LOT 5 LOT 6
AVENUE
In
IO
In-'
jbJ
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EX:HtB~I,~L'::"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 dsficit;
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 nurnber of street EDU's in the district,
(1) = Sxaxt
b
NOTE: Undeveloped residential and commercial parceBs 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 th,e 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 dolllar amount budgeted for the maintenance and operation of
the PARKS (P) wiithin 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 !: ~o~-~ '
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
Agricultural Zone
Single Family (Detached)
Dwelling Unit, less than
5 acres
Undeveloped R-I zoned
5 acres OF more.
Undeveloped R-1 zoned,
less than 5 acres.
Multi-Family (Attached)
Undeveloped R-2, R-3
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
1/acre
0.71/unit
0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
6/acre
0.71/unit
1.00/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
Each calculated per the
above.
EXHIBIT "C" ~:~:
Pag~ 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-I 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
EXHIBI~ "C""
Page 3 ef
USE EDU REMARKS
Union Avenue
Non Residential
3
Per parcel
Silvercreek
370-022-04
0.71/unit
12 units/Acre
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Chester Avenue
6/acre
Area for each parce!l is based
50% on lot area and 50% on
building area.
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Pag~ 4 of 4 ::.:
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 2-23
Said assessment is marie in accordance with the benefit formula attached hereto.
2000-2001
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
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EXHIBIT "E'"
ASSESSMENT ROLL
MAINTFNANCE DISTRICT AREA 2-23
FISCAL YEAR 2000-2001
Assessment Parc(;I No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 2000-2001
440-242-04-00--4
440-242-05-00-7
440-242-06-00-0
$0.00
$0.00
$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"'
Page 1
KARPE
REAL ESTATE CENTER
March 30, 2000
REALI'OR~
City of Bakersfield - Public Works Department
Attn: Marian P. Shaw
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Ms. Shaw
RE: INCLUSION OF VESTING TENTATIVE TRACT MAP
#5996 IN A MAINTENANCE DISTRiCT
We, the undersigned, as owners of the property included within Tract Map 5996 hereby
request that the property be included within the Consolidated Maintenance District. This
request is in accordance with the requirements of Bakers field Municipal Code Section
13.04.021.
Enclosed is a check in the amount of $1,520.00 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 f¢r 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,
Geo~rge L. Schmitz
President
4000 Ming Avenue · Bakersfield, CA 93309 · RO. Box 1968 ® Bakersfield, CA 93303 ° (661) 832-1806 - Fax i'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 (hereinafier CMD).
This assessment ballot may be used to express either; suppost for or opposition to inclusion within the CMD. To
be counted, this assessment ballot must be signed below by '~he 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
Individual annual assessments shall not exceed $125.00 per equivalent dwelling unit. f'~ ~""7
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include the above described ~/Yes
Property within the Consolidated Maintenance
District and levy an assessment not to exceed [3 No
the amount set forth above?
Owner Signature:
Title C~f representing
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mall to:
City of Bakersfield
City Cierk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Tract No. 5996, Lots I through 6
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of ,200__,
by Elmer F. Karpe, Inc., (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 $125.00 per single family d~velling, based on 2000 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):
Elmer F. Karpe, ][nc.
,200__.
City of Bakersfield:
Raul M. Rojas >'
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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 that on the 17th day of Auaust ,2000 she posted on the Bulletin
Board at City Haft, a full, true and correct copy of the foilowing: Resolution of
Intention No. 1221 _passed by the Bakersfield City Council at a meeting held on the
16th day of Auqust 2.000, andl entitled:
A RESOLUTION DECLARBNG INTENTION TO ADD TERRITORY (AREA
2-23, ~NHEELAN COURT), TO THE CONSOLIDATED MAINTENANCE
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING
AND APPROViNG THE PUBLIC WORKS DIRECTOR'S REPORT,
THE BOUNDARIES OIF THE ADDITION, THE FAIRNESS OF THE
BENEFIT FOP, MULA, AND THE AMOUNT OF ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
Deputy City I
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AugUSt 17, 2000