HomeMy WebLinkAboutRES NO 114-99RESOLUTION
A RESOLUTION ADDING TERRITORY, AREA 2-19
(GOSFORD, DISTRICT 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 6).
WHEREAS. the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1199, adopted July 21, 1999, declared its
intention to add territory, Area 2-19 (Cosford, District 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 2-19 (Cosford, District), as shown and designated on
that certain map entitled Map and Assessment Diagram for Additional Territory, Area 2-19
(Cosford, District SE), to the Consolidated Maintenance District, Bakersfield, California,
for Fiscal Year 1999-2000, attached hereto as Exhibit "B"; and
WHEREAS, the Public Works Director duly filed with the City Clerk his
Repod, 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 letters from the property
owners within the additional territory, Area 2-19 (Cosford, District SE), which waive 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 owners also have submitted Proposition 218
ballots (Official Assessment Ballot) indicating their consent to the assessments.
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 2-19 (Gosford, District 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 describe the additional territory, Area
2-19 (Gosford, District SE).
4. The assessment for the additional territory, Area 2-19 (Gosford, District
SE), shall not exceed $100.00 per equivalent dwelling unit per parcel. The assessment
for fiscal year 1999-2000 is $0.00. 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 2000-2001 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 may to be made for each year at the time the budget and
assessment is approved for the year in question.
.......... 000 ..........
by
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
Council of the City of Bakersfield at a regular meeting thereof held on
AUG i ]. '1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MACCARD, COUCH, ROWLES. SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER r,.i O
COUNCILMEMBER I,J
APPROVED
AUG 11 199~
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
By:
S:\PROJECTS~qAINDIST\ESTAB~MD2-19Est.wpd
Attachments:
Exhibit "1"
Exhib it "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 2-19 (GOSFORD, DISTRICT SE)
Fiscal Year 1999-2000
Addition of territory, Area 2-19 (Gosford, District SE) to the Consolidated
Maintenance District is generally described as an area bounded by District Boulevard on
the north, a line 840 feet east of Gosford Road on the east, the Asphalto Branch Railroad
on the south and Gosford Road on the west, excepting therefrom the City owned sewer lift
station parcel at the corner of Gosford and District, 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.
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 2-19 (Gosford, District 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 3arcel will be assessed the same amount as other
parcels receiving a similar benefit.
All parcels within this area will have a zero assessment for the 1999-2000
fiscal year as shown in Exhibit "E". When landscape improvements have been completed,
it is expected to be placed in street tier 1. The estimated maximum cost for residential and
non-commercial development is $100.00 per Equivalent Dwelling Unit based on full
buildout of the benefit area at existing zoning, using 1999 dollars and 1999 Parks
Department maintenance and overhead costs.
The area will consist of residential and non-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 1999-2000 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 2-19,
Gosford, District 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
LEGAL DESCRIPTION
Area 2-19
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 16, T 30 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Commencing at the SW corner of said Section 16, thence North 00° 39' 35" East,
along the west line of said Section 16 also being the centerline of Gosford Road,
a distance of 152.62 feet, to the westerly prolongation of the south line of parcel 3
of Parcel Map 8010 and the TRUE POINT OF BEGINNING;
THENCE (1) Continuing North 00° 39' 35" East, along said west line and centerline,
a distance of 754.88 to intersect the centerline of District Boulevard;
THENCE (2) South 89° 12' 44" East, along the centerline of District Boulevard, a
distance of 836.93 feet, more or less, to intersect the northerly prolongation of the
east line of said parcel 3;
THENCE (3) South 00° 46' 59" West, along said east line and prolongation thereof,
a distance of 755.95 feet, to the southeast corner of said parcel 3;
THENCE (4) North 89° 08' 18" West, along the south line of said parcel 3 and
prolongation thereof, a distance of 835.55, to intersect the west line of said Section
16 and the TRUE POINT OF BEGINNING.
Excepting therefrom the City owned sewer lift station site described as parcel (1) per grant
deed recorded June 29, 1983 in Book 5565 Page 1988, O.R.
EXHIBIT "A"
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
AREA 2-19,/~SFORD, DISTRICT SE) TO THE
CONSOLID D MAINTENANCE D STRICT
BAKERSFIELD, CALIFORNIA
PARCEL C
I PARCEL 2 I tE~
RCEL MAP WAIVER P96-6,~02] ~'ABCELPARCEL 1
Di,S"'RiCT BObLEVAR5
780.~5'(u)
NOT TO SCALE
PARCEL 1
P~,RCEL MAP NO 7626
N89*I2'44"W (BASIS OF BEARINGS) 1585,12'(M)
PARCEL 2
I~' CONCRETE MARKED "EC SOUTHERN ::'ACff:JC FAll ROAD
4~/ 2-MARCH-87", ACCEPTEC
CIT- CLERK OF THE CiTY OF
BAKERSFIELD, CALIFORNIA
AN ASSESSMENT WAS LEVLED BY THE CITY CCUNCIL ON THE LOTD,
PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DrAGRAM
S/'ID ASSESSMENT WAS LEVIED ON THE __ DkY OF
, 19__; SAID ASSESSMENT DLAGRAM AND
THE ASSESSMENT ROLL WERE RECORDED IN THE CFFICE OF THE
DEPARTMENT OF PUBLIC WORKS OF SAID CITY ON THE __
OF , q9__ REFERENCE IS MADE TO THE
ASSESSMENT ROLL RECORDED IN THE DrFICE ()F lHE DEPARTMENT OF
PUBLIC WORKS FOR THE EXADT AMOUNT OF EACH ASSESSMENT LEVIED
AGAINST EACH PARCEL OF LAND SHOWN ON 1HIS ASSESSMENT [)lAGRAM
CIT'T CLERK OF THE CI!Y OF
BAKER%EIELD, CAL,FORNIA
FILED FOR RECORD 1HIS DAY OF
19 AT __.M, IN BOOK ~ OF ASSESSMENT
DISIRICTS AT PAGE IN THE OFfrICE OF THE COUNTY
RECORDER OF THE CC)UNTv OF KERN, STATE OF CALIFORNIA
JAMES W, MAPLES
COUNTY ASSESSOR-RECORDER
BY
CHIEF DEPUTY RECORDER
RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS
THIS DAY OF , 19__
DIRECTOR OF PUBLIC WORKS
BAKERSFIELD, CALIFORNIA
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
EXHiBi~:~C,,
Page :~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
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0 Per parcel
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
EXHIBI'p C""
Page ~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
EXHIBI]~C"
Page ~ 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.
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EXHIE~ "C"
Page4 of 4 ,'
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 2-19
Said assessment is made in accordance with the benefit formula attached hereto.
1999-2000
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
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EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 2-19
FISCAL YEAR 1999-2000
Assessment Parcel No.
as shown on Map
Exhibit "B"
385-013-08-00-4
Total amount to
be collected for
FY 1999-2000
$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
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
Parcel Map No. 10584 Parcel Nos. A through
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of ,199__ by
Credit Suisse Leasing 92A, L.P., a Delaware Limited Partnership, (hereinafter, "Owner"), in connection with
the Consolidated Maintenance District, located in the City of Bakers field, 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 $100.00 per equivalent dwelling unit, based on 1999 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 nm with the land.
Dated this __ day of
Owner(s)/Developer(s):
Credit Suisse Leasing 92A, L.P.,
a Delaware Limited Partnership
,199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
SAPROIBCTS~tD\COVENANT~Ivlst