HomeMy WebLinkAboutRES NO 108-00RESOLUTION NO. J, 0 8 - 0 0
A RESOLUTION ADDING TERRITORY, AREA 2-23
(WHEELAN COURT), 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 5).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1221, adopted August 16, 2000, declared its
intention to add territory, Area 2-23 (Wheelan Court), 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 2-23 (Wheelan Court), as shown and designated on that certain map
entitled "Map and Assessment Diagram for Addition of Territory, Area 2-23 (Wheelan
Court), to the Consolidated Maintenance District, BakeFsfield, California," for Fiscal Year
2000-2001 on file in the offices of the City Clerk and Public Works Director, City of
Bakersfie~d; 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 2-23 (Wheelan Court), 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 2-23 (Wheelan Court), 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
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Director's Report.
3. Exhibits "A" and "B" describe the additional territory, Area 2-23 (Wheelan
court).
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 difined in Exhibit "C") per
parcel. However, parcels will not be assessed until median and/or street landscape
improvements have been installed. When median and/or street landscape improvements
have been completed, street tier I 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 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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ORjGIN'AL
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 Z0t~O
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, G(~..~
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
SULLIVAN, SALVAGG]O
CITY CLERK and ' of the
Council of the City
APPROVED: AUG 8 0 2000
BOB PRI~
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 2-23 (Wheelan Court)
Fiscal Year 2000-2001
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 alley 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 maintaining public street medians and
other public street landscaping improvements. The improvements generally include,
but are not limited to, irrigation 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 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 soume otherthan 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 2-23 (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
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EXHIBIT "1"
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 defined in Exhibit "C") per parcel. However,
parcels will not be assessed until median and/orstreet 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, RAU L 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 2-23
(Wheelan Court) subject to be assessed to pay the cost of maintenance and operation in
said area.
Dated
R/~UL M.~IG-J'A!J'
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 QF SECTION 11, TOWNSHIP 30
SOUTH, RANGE 27 EAST, M.D.M., CITY QF 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 BN THE OFFICE OF THE KERN COUNTY RECORDER.
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
BAKERSFIELD, CALIFORNIA
NOT TO SCALE
/' "'-~_x_x,t,~Ct_ ARDMORE AVENUE
TRACT NO. 5996/"r<~q "' [a
D~STR~CT BOUNDARY ( ~M hOT ~ hOT 2 ~
LOT 4
LOT 5 LOT 6 I
....................................................................
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) = 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):
(2)
The factor 1For the tier level, which equals the park tier
number, and;
The total number of park EDU's in the district.
= P x a x t ~*~ ':~:~
EXHIBIT "C"
Page 1 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 pamel
Undeveloped R-1 zoned
5 acres OF 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 Residential
(Castle & Cooke)
24.26
Non Residential
(Parkside Partners)
7.56
Brimhall & Verduqo,
Seven Oaks, North & South
Undeveloped R-1 zoned
5 acres OF more
3/acre
California Avenue
Non Residential
1.0
Per pamel plus 0.9 EDU's per
100 feet of California Ave.
frontage
,.~,
EXHIBIT "C"
Page 3 of 4
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
3
0.71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rote 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 "C"
Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 2-23
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 Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o,oo
$o .oo
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EXHIBIT' "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 2-23
FISCAL YEAR 2000-2001
Assessment Parcel 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
K/ PE
REAL ESTATE CENTER
March 30, 2000
nl
REALTOR~
City of Bakersfield - Public Works Department
Attn: Marian P. Shaw
150 t Tmxtun 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 Bakersfield 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 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,
President
,.-:5 r-
4000 Ming Avenue · Bakersfield, CA 93309 · RO. Box 1968 · Bakersfield, CA 93303 · (661) 832-1806 - Fax (661) 832-6953
CITY OF BAKERSFIELD
CONSOLEDATED 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 Bakers~eld 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
Individual annual assessments shall not exceed $125,00 per equivalent dwelling unit.
ASSESSMENT BALLOI7 MEASURE
Shall the City Council of the City of
Bakersfield include the above described [ff/Yes
Property within the Consolidated Maintenance
District and levy an assessment not to exceed ~ No
the amount set forth above?
Owner Signature:
Title (if representing
Date: ~ ~X) [tl~
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail 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 1 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 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):
Elmer F. Karpe, Inc.
,200_,_.
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures mus~ be notarized.
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