HomeMy WebLinkAboutRES NO 091-01RESOLUTION NO. 0 9 I - 0 I
A RESOLUTION ADDING TERRITORY, AREA 1-21
(BRIMHALL, ALLEN NW), 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. 1244, adopted June 13, 2001, declared its
intention to add territory, Area 1-21 (Brimhall, Allen NW), 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 1-21 (Brimhall, Allen NW), as shown and designated on that certain map
entitled "Map and Assessment Diagram for Addition of Territory, Area 1-21 (Brimhall, Allen
NW), 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 1-21 (Brimhall, Allen NW), 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 Preposition 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 1-21 (Brimhall, Allen NW), 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 1-21 (Brimhall,
Allen NW).
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 median and/or street landscape
improvements have been installed. When median and/or street landscape improvements
have been completed, street tier 2 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 15.04 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
JUN 2 7 Z00f , by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBER GARSON, BENHAM, MAGGARD, COUCH, I..~N~9~, SULLIVAN, SALVAGGIO
COUNCILMEMBERf'~
COUNCILMEMBER~
COUNCILMEMBER~?.~X~,¥..~
CITY CLERK and Ex Officio C~:~'of the
Council of the City of Bakersfield/
APPROVED: JUN ~ 7 200~}
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\M D 1-21 Est
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-21 (BRIMHALL, ALLEN NW)
Fiscal Year 2000-2001
Addition of territory, Area 1-21 (Brimhall, Allen NW) to the Consolidated
Maintenance District is generally described as an area bounded by a line 1800 feet north
of Brimhall Road on the north, Allen Road on the east, Brimhall Road on the south, and
Jenkins 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 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 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 1-21 (Brimhall, Allen NW) is being added to the
Consolidated Maintenance District for the maintenance of public street median and other
street landscaping. The area will be assigned appropriate street tier in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other
parcels receiving a similar benefit.
EXHIBIT "1"
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, street tier 2 assessments will be
assessed.
The area will consist of residential and 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, JACQUES R. LAROCHELLE, interim 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 pamels of property within
additional territory, Area 1-21 (Brimhall, Allen NW), subject to be assessed to pay the cost
of maintenance and operation in said area.
Dated:
JACQUES R. LAROCHELLE
Interim Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 1-21
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 26, T 29 S, R 26 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the southeast corner of said Section 26, said point also being the
intersection of centerlines of Allen Road and Brimhall Road;
THENCE (1) North 89° 11' 04" West, along said centerline of Brimhall Road, a
distance of 2645.89 feet;
THENCE (2) North 00° 40' 25" East, along the center line of Jenkins Road a
distance of 1,790.97 feet;
THENCE (3) South 88° 11' 05" East, a distance of 801.09 feet;
THENCE (4) South 59° 22' 02" East, a distance of 143.91 feet;
THENCE (5) South 46 o 34' 39" East, a distance of 202.46 feet;
THENCE (6) South 69° 22' 30" East, a distance of 691.88 feet;
THENCE (7) South 87° 08' 28" East, a distance of 270.05 feet;
THENCE (8) South 00° 43' 01" West, a distance of 338.00 feet;
THENCE (9) South 89° 14' 08" East, a distance of 652.00 feet;
THENCE (10) South 00° 43' 01" West, a distance of 986.78 feet to the TRUE
POINT OF BEGINNING.
S\PROJ\MD\LEGAL\1-21
EXHIBIT "A"
(~)fii{~iNAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 1-21, BRIMHALL, ALLEN NW) TO THEI
CONSOLIDATED MAINTENANCE DISTRICT
I
BAKERSFIELD, CALIFORNIA
NOT TO SCALE
PARCEL "C"
5.01 AC. GROSS
PARCEL MAP NO. 8392
P.M. BK. 37, PG. 189
DISTRICT BOUNDARY
~ ~ NOT A P~T Pm
PARCEL "B"
PARCEL "A"
S.E COR. ~C. 26 2g/26
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 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 pamels 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
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.
~?ExHIBJ~ "C"
~, Parle ~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 Villaqe (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 & Verduqo (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, Villaqe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXI~IT "C"
P~ 3 of 4 ~
Ui~i(;;iN A~_
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
EDU
0.71/unit
12 units/Acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Chester Avenue (4-11 & 4-16)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
6/acre
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.
S:\Projects\MAINDIST\FORMU LAS\ExhC01 .wpd
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-2'1
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
$0.00
S:/PROJECTS/MAIN DIST/EXHIBITD/M D 1-21D WB2
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 1-21
FISCAL YEAR 2000-2001
Assessment Parcel No.
as shown on Map
Exhibit "B"
495-010-27-00-0
Total amount to
be collected for
FY 2000-2001
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
S:/MAINDIST~EXHIBITE\MD1 21E WB3
EXHIBIT "E"
Page 1
LONE PALM FARMS
P.O. BOX 10511
BAKERSFIELD, CA 93389
May 22, 2001
City of Bakersfield Planning
1501Truxtun Ave.
Bakersfield, CA 93301
Dept.
RE:
REQUEST FOR PARCEL MAP NO. 10763 TO BE INCLUDED IN A MAINTENANCE
DISTRICT
ATTN: Marian Shaw
Gentlemen:
We, the undersigned, as owners of the property included within Parcel Map
No. 10763 hereby reauest that the property be included in the Maintenance
District. This request is pursuant to the reduirements of Municipal Code
Section 13.04.021.
Enclosed is a check in the amount of $1512.00 to cover the costs of
inclusion within the Consolidated Maintenance District, Further, our
engineer will supply you with a disk copy of the Parcel Map for your
use .
We also waive our right to any and all hearings (whether pursuant to the
Brown Act, the Bakersfield Municipal Code, or any other law) concerning
formation of or inclusion in a maintenance district.
the
We have signed and are returning the enclosed Proposition 218 ballot
(Official Assessment Ballot) indicating our consent to the assessments.
Very truty yours,
LONE PALM FARMS
Ron Froehl ich
General Partner
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
parcel(s) is 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. In order to be counted, this assessment ballot must be signed below by an 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
Property description /9/~..~:~. /
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
Property within the Consolidated Maintenance
District and levy an annual assessment not to
exceed the amount set forth above?
Yes ~
No
Date . ·
Owner Signature
S:\P ROJ ECTS\MA IN DIST~M isc\ Ballot.wpd
2/09/00
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Parcel Map No. 10763 Parcels A through C.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
TH1S COVENANT is executed on this __ day of ,200.__
by Lone Palm Farms, a General Partnership, (hereinal2er, "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 2 of 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.
Although this property may have been assessed a lesser amount in the present tax year, the
ultimate estimated annual assessment ~br maintenance of public landscaping based on full buildout of this
district, is $125.00 per equivalent dwelling unit, 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 mn with the land.
Dated this day of
Owner(s)/Developer(s):
Lone Palm Farms
a General Partnership
,200
City of Bakersfield:
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
ORIGINAL