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Home My WebLink AboutRES NO 107-00RESOLUTION NO. ~ 0 '~ ,, 0 0 A RESOLUTION ADDING TERRITORY, AREA 3-12 (AKERS, MCKEE SW), 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 6). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1219, adopted August 16, 2000, declared its intention to add territory, Area 3-12 (Akers, McKee SW), 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 3-12 (Akers, McKee SW), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 3-12 (Akers, McKee SW), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2000-2001 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 3-12 (Akers, McKee SW), 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 aHso has submitted a Proposition 218 Ballot (Official Assessment Ballet) 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 3-12 (Akers, McKee SW), to the Consolidated Maintenance District and confirms and adopts the Public Works Director's Report (attached hereto as Exhibit I 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- ,'Z~TGINAL 3. Exhibits "A" and "B" describe the additional territory, Area 3-12 (Akers, McKee SW). 4. All pamels within this additional territory shall be assessed an amount not to exceed $125.00 per equivalent dwelling unit (as that term is difined in Exhibit "C") per parcel. However, parcels will not be assessed until a park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, park tier 1 and 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 2001-2002 fiscal year and each fiscal yearthereafter, 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 appreved for the year in question. .......... 000 .......... -2- C! R ~G !NAL 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 onAUG ,3 0 2000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER · SULLIVAN, SALVAGGIO APPROVED: AUG 3 0 2000 BOB 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" S\PROJECTS\MAINDIST~ESTAB\MD3-12Est -3- CP, iGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3-12 (AKERS, MCKEE SW) Fiscal Year 2000-2001 Addition of territory, Area 3-12 (Akers, McKee SW) to the Consolidated Maintenance District is generally described as an area bounded by McKee Road on the north, Akers Road on the east, a line 1/4 mile south of McKee Road on the south, and a line 3/8 of a mile west of Akers Road 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 a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; 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 souroe 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 3-12 (Akers, McKee SW) is being added to the Consolidated Maintenance District for the maintenance of a park and public street median -1- and other street landscaping. The area will be assigned appropriate park and street tiers 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 (as that term is defined in Exhibit "C") per parcel. However, parcels will not be assessed until park and/or street landscaping have been installed. When park and/or street landscape improvements have been completed, park tier 1 and 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. A public park and 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 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 3-12 (Akers, McKee SW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAdL M. RI~-J~' Director of Public Works City of Bakersfield -2- C,?.iGINAL Area 3-12 LEGAL DESCRIPTION A parcel of land situated in the City of Bakemfield, County of Kern, State of California, being a portion of Section 35, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows: Beginning at the center of said Section 35, said point also being the intersection of centerlines of McKee Road and Akers Road; THENCE (1) South 00°35' 06" West, along the centerline of Akers Road, a distance of 850.01 feet; THENCE (2) North 89° 04' 57" West, a distance of 862.45 feet; THENCE (3) South 00° 55' 03" West, a distance of 468.02 feet; THENCE (4) North 89° 04' 14" West, a distance of 1,116.79 feet: THENCE (5) North 00° 34' 35" East, a distance of 1,317.81 feet; THENCE (6) South 89° 04' 57" East, along the centerline of McKee Road, a distance of 1982.15 feet to the TRUE POINT OF BEGINNING. S:\PROJECTS\MAINDIST\LEGALS\Lega13-12.wpd EXHIBIT "A" IvlAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY, A E iN C ISTRICT BAKERSFIELD, CALIFORNIA j NOT TO SCALE LOCATION MAP CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Lendscaping Zone of Benefit shell 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) = 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 parceas 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): TIle 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 >_. -- 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 Undeveloped R-1 zoned 5 acres OF more. Parkside Villaqe 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 ResidentlaB (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 EXHIBIT "C" Page 3 of 4 USE EDU REMARKS Union Avenue 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:\PROJECTS\MAINDIST\FORMULAS\ExhC00.wpd ~'j' '% EXHIBIT "C" ~ 2- Page 4 of 4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 3-12 Said assessment is made 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 S:%PROJECTS\MAINDIST~EXHIBITD%MD3-12D.WB2 EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 3-12 FISCAL YEAR 2000-2001 Assessment Parcel No. as shown on Map Exhibit "B" Total amount to be collected for FY 1999-2000 514-020-02-00-8 514-020-03-00-1 $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\MD3-12E.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 C!erk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5944 Phase 1 Lot Nos. 1 through 28 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,200__, by Hershel and Clarissa Moore Properties, a Limited Partnership~ (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 I 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 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): Hershel and Clarissa Moore Properties a Limited Partnership 200 _. City of Bakersfield: Hershel Moore, Partner Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. June 30, 2000 City of Bakers~eld- Public Works Departmere Attn: Madan P. Shaw 1501 Truxtun Avenue Biersfield, California 93301 Inclusion of Tract Map No. 5944 in a Maintenance District Dear Ms. Shaw: We, the undersigned, as owners of the property included within Tract Map No. 5944 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 $2027.00 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 5~or your use. We also waive our fight 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 am returning the enclosed Proposition 218 ballot indicating our consent to the assessment. Very truly yours, HERSHEL AND CLARISSA MOORE PROPERTIES, a Limited Partnership Hershel Moore, Partner Encl. ' CiTY OF BaFIF, LD ...' CONSOLIDA,TED MA-II~'i,u2fANCE DISTRICT EVIPORTANT OFFICIAL PROPERTY OWNER ASSESSMZENT BALLOT This assessment ballot is. For ~e ,use of :he proper~ owner of r. ke parcel(s) identiied below, which are proposed to be included in the Ci~ of Bakers~etd Consotidated Maintenance Disn-ic~ (herein~:er CMD). This ~ssessment b~llot may be used to e~rl:ss either suppor~ for or opposition to inclusion wkhin ~e ~. To be coun~e~ ~ ~sessment b~o~ m~t be si~ed below by ~e o~er or, ~e a~er is no~ ~ ~d~, by ~, m~o~ed repr~ema~ve of ~e o~er. TO CAST ?'HIS BALILOT, PLEASE RETURN I'~itS EN75LE PAGE OFFICL~L ASSESSMENT BALLOT Ladividual annual assessments shall not exceed S I25 O0 per equivalent dwelling uak. ASSESSMEN'E BAT .T.OT MEASbXE Shall the Cky CoLL~cll of~e Cir7 of Bakarsfie{d Lnclude ~.~e above described ~ Yes Property v,4tbin e.e ConsoHdaed M~xenemce DisWi~ and tevy aa ~sessmen~ not to exceed Q NO · e arnou. nt set forth above? , Owner Sigz~m.-e: ', Date: