HomeMy WebLinkAboutRES NO 3-99RESOLUTION NO. 8- 9 9
A RESOLUTION ADDING TERRITORY (AREA 1-14,
Brimhall, Allen SE) 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. 1184, adopted December 9, 1998, declared its
intention to add territory (Area 1-14, Brimhall, Allen SE) 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 1-14, Brimhall, Allen SE, as shown and designated on that certain map
entitled Map and Assessment Diagram for Additional Territory (Area 1-14, Brimhall, Allen
SE) to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year
1998-99 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 1-14, Brimhall, Allen SE) which waives all rights
to a public hearing and to a protest hearing as required by the Brown Act, Streets and
Highway Code, Chapter 13.04 of the Bakersfield Municipal Code and Preposition 218, its
enabling legislation or any other provision of law.
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 1-14, Brimhall, Allen SE) 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.
3. Exhibits "A" and "B" attached hereto and incorporated herein by reference
describe the additional territory (Area 1-14, Brimhall, Allen SE).
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 $45.74
(representing street tier 2 assessments) for fiscal year 1998-99 but will not be collected for
this fiscal year because landscape improvements have not yet been installed. When
landscape improvements have been completed, street tier 2 assessments will be
assessed. The benefit formula (Exhibit "C"), budget for Area 1-14 (Exhibit "D") and
assessment roll for Area 1-14 (Exhibit "E") are attached hereto and incorporated herein by
reference.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 1999-2000 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.
.......... 000 ..........
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 1-].3-99
, by the following vote:
ASSENT' COUNCILMEMBER
CITY CLERK ' rk of the
Council of the
APPROVED:
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY f Bakersfield
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S\PROJECTS\MAIND IS'RESTAB~MD 1-14 Est
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY (Area 1-14, Brimhall, Allen SE)
Fiscal Year 1998-99
WHEREAS, on WEDNESDAY, December 9, 1998, the Council of the City
of Bakersfield adopted its Resolution of Intention No. 1184 to add territory to the
Consolidated Maintenance District pursuant to the provisions of Chapter 13.04 of Title 13
of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public
Works Director, directing him to make and file a Report; and
WHEREAS, the Public Works Director filed with the City Clerk of the Council
his report, in writing, which Report is as follows:
Public Works Director's Report
Addition of territory (Area 1-14, Brimhall, Allen SE) to the Consolidated
Maintenance District is generally described as an area bounded by Brimhall Road on the
north, Jewetta Avenue on the east, the proposed Kern River Freeway on the south and
Allen 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.
EXHIBIT "1"
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 1-14, Brimhall, Allen SE) 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 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 per parcel. All such parcels are assessed $45.74
(representing street tier 2 assessments) for fiscal year 1998-99, but will not be collected
for this fiscal year because landscape improvement have not yet been installed. When
landscape improvements have been completed, street tier 2 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.
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, R~UL 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 1998-99 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 area (Area 1-14, Brimhall, Allen SE)
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
Area 1-14
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of
Section 36, T 29 S, R 26 E, M. D. B. & M., and more particularly described as follows:
Beginning at the northwest comer of said Section 36, said point also being the intersection of
centerlines of Allen Road and Brimhall Road;
THENCE (1) South 89 ° 15' 46" East, along the centerline of Brimhall Road, a distance of 2621.88
feet;
THENCE (2) Continuing along the centerline of Brimhall Road, South 89° 15' 34" East, a distance
of 2621.65 feet, to intersect the centerline of Jewetta Avenue;
THENCE (3) South 00° 17' 45" West, along the centerline 0fJewetta Ave, a distance of 508.34 feet;
THENCE (4) North 89° 15' 08" West, a distance of 1505.75 feet;
THENCE (5) South 00° 17' 45" West, a distance of 1460.97 feet:
THENCE (6) South 89° 15' 08" East, a distance of 1505.75 to intersect the centerline of Jewetta Ave;
THENCE (7) South 00 c, 17' 45" West, along the southerly extension of Jewetta Avenue a distance
of 470.68 feet;
THENCE (8) North 89 ° 08' 02" West, a distance of 3532.75 feet;
THENCE (9) North 78 ° 41' 32" West, a distance of 243.83 feet;
THENCE (10) South 82° 47' 19" West, a distance of 683.88 feet;
THENCE (11) South 64° 06' 39" West, a distance of 398.42 feet;
THENCE (12) South 83° 01' 24" West, a distance of 454.27 feet, to intersect the west line of said
Section 36, also being the centerline of Allen Road;
THENCE (13) North 00° 41' 00" East, along said west line and centerline; a distance of 81.07 feet;
THENCE (14) Continuing along said west line and centerline, North 00° 40' 25" East, a distance of
2639.72 feet, to the northwest comer of said Section 36 and the TRUE POINT OF BEGINNING.
EXHIBIT "A"
S\PROJ\MD\LEG ALSXLegal 1 - 14
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 1-14 BRIMHALL, ALLEN SE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKt!]RSE'[[',L]),
HO[ '(, SCALE
DIRECTOR OF PLJBLiC WORKS
NAKERSFIELD C~LIFOPN, A
EXHIBIT "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 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) = 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):
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
EXHIBIT "C"~,..:~,.
Page 1 of:~
EQUIVALENT DWELLING UNIT (EDU) CHART
Equivalent Dwelling Units (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-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
less than 5 acres.
Multi-Family (Attached)
Undeveloped R-2, R-3
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
1/acre
0.71/unit
0.71/unit
6/acre
0.71/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
1.00/unit
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 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-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 o,f.":~
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
rate as per GPA Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
S:\PROJ\MD\FORMULAS\ExhC98
EXHIBIT "C"
Page 4 of:i~
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-14
Said assessment is made in accordance with the benefit formula attached hereto.
1998 - 1999
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
$o.oo
$o.oo
S:~,PROJECTS\MAINDIS'REXHIBITD\MD1-14D.WB2
EXHIBIT ~?D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 1-14
FISCAL YEAR 1998 - 1999
Assessment Parcel No.
as shown on Map
Exhibit "B"
409-010-22-00-6
Total amount to
be collected for
FY 1998-99
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
S:~MAINDIST~EXHIBITE\MD1-14E.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. 5882 All Phases Lot Nos. All Lots
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of , 199__, by
Castle and Cooke California, Inc.. a California Corporation, (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 2 of the Consolidated
Maintenance District, and may be assessed li3r 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 1998 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):
Castle and Cooke California, Inc.,
a Calilbrnia Corporation
,199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
S:'/PROJ~MDI, COV' ST
Tak Fujii
Vice President
Castle & Cooke
CALIFORNIA, INC.
October 20, 1997
Marion P. Shaw
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
RE: Iflc/usiofl of Vest/fly Tentative Tract Adap 588Z in a A4ainteflance District
Dear Marion:
We, the undersigned, as owners of the property included within Vesting Tentative Tract Map
5882, hereby request said property be included within the Consolidated Maintenance District.
This request is pursuant to the requirements of Municipal Code Section 13.04,021.
Enclosed is a check in the amount of $3,260 to cover the costs mentioned above. Further, our
engineer will supply you with a-disc copy of the Vesting Tentative Tract Map 5882 for your use.
We also waive our right to any and all hearings (whether pursuant to the Brown Act, Proposition
218, its enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the
formation of or inclusion in a maintenance district.
We further waive all rights under Proposition 218 to formally vote for these assessments, and
by signing this letter, indicate our consent to the assessments.
k~,cerely, '~
Tak Fujii
Vice President of ~Construction
10000 Ming Avenue (93311) · P.O. Box 11165 · Bakersfield, CA 93389-1165 · (805) 664-6559 · Fax (805) 664-6042