HomeMy WebLinkAboutRES NO 11-99RESOLUTION NO. I ~ - 9 9
A RESOLUTION ADDING TERRITORY (AREA 3-11, Wible,
Sierra Meadows, East) 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 7).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1186, adopted January 27, 1999, declared its
intention to add territory (Area 3-11, Wible, Sierra Meadows, East) 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 3-11, Wible, Sierra Meadows, East, as shown and
designated on that certain map entitled Map and Assessment Diagram for Additional
Territory (Area 3-11, Wible, Sierra Meadows, East) 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 3-11, Wible, Sierra Meadows, East) 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:
reference.
1. The foregoing recitals are true and correct and incorporated herein by
2. The Council hereby adds territory (Area 3-11, Wible, Sierra Meadows,
East) 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 3-11, Wible, Sierra Meadows, East).
4. All parcels within this area shall be assessed an amount not to exceed
$100.00 per equivalent dwelling unit per parcel. All such parcels are assessed $22.94
(representing street tier 1 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 1 assessments will be
assessed. The benefit formula (Exhibit "C"), budget for Area 3-11 (Exhibit "D") and
assessment roll for Area 3-11 (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 FEB 1_ 0 1999
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CA SON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~in&
COUNCILMEMBER O~&
COUNCILMEMBER ~ ~
Council of the
APPROVED: FEB 10 1999
BOB X~t""~\
MAYOR of the Cit:y of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S%PROJECTS\MAINDIS'RESTAB\MD3-11 Est
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY (Area 3-11, Wible, Sierra Meadows, East)
Fiscal Year 1998-99
WHEREAS, on WEDNESDAY, January 27, 1999, the Council of the City of
Bakersfield adopted its Resolution of Intention No. 1186 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 3-11, Wible, Sierra Meadows, East) to the
Consolidated Maintenance District is generally described as an area bounded by a line 700
feet south of Hosking Avenue on the north, a line 990 feet east of Wible Road on the east,
a line 1/4 mile south of Hosking Avenue on the south and Wible 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 3-11, Wible, Sierra Meadows, East) 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
$100.00 per equivalent dwelling unit per parcel. All such parcels are assessed $22.94
(representing street tier 1 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 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.
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 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 3-11, Wible, Sierra
Meadows, East) 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 3-11
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 30 S, R 27 E, M. D. B. & M., and more particularly described as follows:
Commencing at the northwest comer of said Section 36, said point also being the intersection of
centerlines of Hosking Avenue and Wible Road, thence South 00° 35' 06" West, along the centerline
of Wible Road, a distance of 704.08 feet to the northwest comer of Tentative Tract No. 5362 and the
TRUE POINT OF BEGINNING;
THENCE (1) South 89°09'53'' East, a distance of 969.37 feet;
THENCE (2) South 00° 50' 07" West, a distance of 270.00 feet;
THENCE (3) South 89° 09' 53" East, a distance of 13.00 feet;
THENCE (4) South 00° 50' 07" West, a distance of 180.00 feet:
THENCE (5) North 89 ':' 09' 53" West, a distance of 86.65 feet;
THENCE (6) South 00° 50' 07" West, a distance of 165.00 feet;
THENCE (7) North 89 ° 09' 53" West, a distance of 893.03 feet, to intersect the centerline of Wible
Road;
THENCE (8) North 00° 35' 06" East, along the centerline of Wible Road, a distance of 615.01 feet
to the TRUE POINT OF BEGINNING.
S\PROJ\MD\LEGALS\Legal3-11
EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 3-11, WIBLE, SIERRA MEADOWS. EAST) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
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'~UNI~S *ONblE:i- 5~.._%.
EXHIBIT
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 4
EQUIVALENT DWELLING UNIT (EDU) CHART
Equivalent Dwelling Units (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
above.
per the
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 of 4
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
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 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 3-11
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',MAINDIST%EXHIBITDI, MD3-11D.WB2
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 3-11
FISCAL YEAR 1998 - 1999
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 1998-99
373-090-21-00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
S:\MAINDIST%EXH iBITE\MD3-11 E.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 Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Tract No. 5362 Unit l&2 Lot Nos. I through 57
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of
Sierra Country Estates, Managing Partners, LLC., (hereinat~cer, "Owner"), in
Consolidated Maintenance District, located in the Cit~ of Bakersfield. California.
, 199__, by
connection with the
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 S100.00 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):
Sierra Country Estates,
Managing Parners. LLC
,199
City of Bakersfield:
Barry Bernstein, President of CEK Inc.
Raul M. Rojas
Public Works Director
Hank Aizenman, President of ADC Development
NOTE: All owner{s)/delveloper(s) signatures must be notarized,
S: PROJ,,MD,CO\',S~
ii}IilII}iii PORTER · ROBERTSON
ENGINEERING & SURVEYING, INC,
January 22, 1999
Mr. Raul Rojas
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Attention:
Subject:
Marian Shaw, Public Works Department.
Inclusion of Tentative Tract Map No. 5362 Units 1 and 2 in a Maintenance
District
Dear Mr. Rojas;
We, the undersigned, as owners of the property included within Tentative Tract Map No.
5362 Units 1 and 2, hereby request that the property be included within 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 $1,648.00 to cover the costs mentioned above.
Further, our engineer will supply you with a disk copy of the Tentative Tract Map No.
5362 Units 1 and 2 for your use.
We also waive the right to any and all headngs (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 this assessments.
Very Truly Yours,
Property Owners
ADC Development, Inc.
Hank Aizenman
1200 - 21 st STREET o BAKERSFIELD, CA 93301 o 805/327-0362 · FAX 805/327-1065