HomeMy WebLinkAboutRES NO 131-99RESOLUTION NO. ] 8 1 "99
A RESOLUTION ADDING TERRITORY, AREA 4-14 (MESA
MARIN, 184), 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 3).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1201, adopted August 25, 1999, declared its
intention to add territory, Area 4-14 (Mesa Matin, 184), 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 4-14 (Mesa Marin, 184), as shown and designated on that certain map
entitled Map and Assessment Diagram for Additional Territory, Area 4-14 (Mesa Marin,
184), to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year
1999-2000 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(s) within the additional territory, Area 4-14 (Mesa Marin, 184), 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(s) 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 4-14 (Mesa Marin, 184)1 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" describe the additional territory, Area 4-14 (Mesa
Marin, 184).
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 $40.06 per
equivalent dwelling unit (representing street tier 1 and park tier 1 assessments) for fiscal
year 1999-2000, but such assessments will not be collected for this fiscal year because
landscape and park improvements have not yet been installed. When landscape and park
improvements have been completed, street tier 1 and park tier 1 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 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 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
SFP 8 1~99 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON. DEMOND. MAGGARD, COUCH, ROWLES. SULLIVAN, SALVAGGIO
COUNCILMEMBER t~J (~i'~.
COUNCILMEMBER ~ ~ f~ ~.
COUNClLMEMBER I,J
CITY CLERK and EX Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
SEP 8 'PJg§
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED astoform:
BARTJ. THILTGEN
City Attomey
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S~PROJECTS~AINDIST~ESTAB'~ID4-14Est
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY AREA 4-14 (MESA MARIN, 184)
Fiscal Year 1999-2000
Addition of territory, Area 4-14 (Mesa Marin, 184), to the Consolidated
Maintenance District is generally described as an area bounded by Highway 184 (Kern
Canyon Road) on the northwest, the east line of Section 20, T 29 S, R 29 E, on the east
and a line 1/4 mile north of the south line of Section 20 on the south, 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 a public park and 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, rest
rooms, drinking fountains, barbecues and storage buildings, plumbing and fixtures
therefore, recreation equipment, including swings, slides, play structures, etc., and picnic
facilities, including trash cans, fountains, benches, 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.
EXHIBIT "1"
Additional territory, Area 4-14 (Mesa Marin, 184), is being added to the
Consolidated Maintenance District for the maintenance of a public park, 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 $40.06 per
equivalent dwelling unit (representing street tier 1 and park tier 1 assessments) for fiscal
year 1999-2000, but such assessments will not be collected for this fiscal year because
landscape and park improvement have not yet been installed. When landscape and park
improvements have been completed, street tier 1 and park tier 1 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 park and 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 4-14, Mesa
Marin, 184) 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 4-14
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 20, T 29 S, R 29 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the NE corner of said Section 20, said point also being the NE corner
of Parcel Map 2465, and the TRUE POINT OF BEGINNING;
THENCE (1) South 00° 40' 38" West, along the east line of said Section 20 a
distance of 1220.72 feet, to the northeast corner Tract 5804 Phase two;
THENCE (2) North 89° 16' 00" West, along the north line of Tract Maps 5804
Phase two and Phase one, a distance of 920.27 feet;
THENCE (3) South 82° 18' 22" West, a distance of 81.77 feet;
THENCE (4) South 72° 12' 52" West, a distance of 82.42 feet;
THENCE (5) South 59° 21' 33" West, a distance of 116.80 feet;
THENCE (6) South 46° 59' 08" West, a distance of 30.00 feet, to intersect the
centerline of Mesa Matin Drive;
THENCE (7) South 42° 46' 19" East, along the centerline of Mesa Marin Drive, a
distance of 148.27 feet, to the beginning of tangent curve concave to the southwest
having a radius of 500.00 feet;
THENCE (8) Southeasterly along said curve, through a central angle of 43° 41' 35",
an arc length of 381.29 feet;
THENCE (9) South 00° 40' 38" West, along said centerline, distance of 782.43 feet
more or less, to intersect the westerly prolongation of the south line of the Cesar
Chavez School site;
THENCE (10) South 89° 31' 37" East, along said south line, a distance of 960.00
feet, to intersect the east line of said Section 20;
THENCE (11) South 00° 40' 38" West, along said east line, a distance of 1384.74
EXHIBIT "A"
Page 1 of 2
feet;
THENCE (12) North 89° 31' 37" West, a distance of 4330.76 feet, to intersect the
centerline of Kern Canyon Road (State Route 184);
THENCE (13) North 46° 58' 38" East, along said centerline, a distance of 5753.35
feet, to intersect the north line of said Section 20;
THENCE (14) South 89° 29' 43" East, along said north line of Section 20, a
distance of 171.23 feet, to the northeast corner of said Section 20, and the TRUE
POINT OF BEGINNING.
S:\PROJECTSffvlAIN DIST\LEGALS\Lega14-14.wpd
EXHIBIT "A"
Page 2 of 2
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-14, MESA MARIN, 184) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
IMNNERS COURT PLACE
eY
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 ~'~'~,
Page l~._-~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 per the
above.
EXHIBIT
Page ~f4
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
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:\P R O J ECTS~,4AI N DIST\FO RM U LAS\ExhC99.wpd
EXHIBIT "~ ~
Page 4;~f 4 ~-'
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-14
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 Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$o.oo
$o.oo
$0.00
S:\PROJECTSIMAINDIS~,EXHIBITD\MD4-14D WB2
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 4-14
FISCAL YEAR 1999-2000
Assessment Parcel No.
as shown on Map
Exhibit "B"
387-040-18-00-5
387-040-38-00-3
Total amount to
be collected for
FY 1999-2000
$0.00
$0.00
Totat
$0.00
Date;
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
Page 1
Su~ 22,1999
City of Bakersfield
Public Works Departmem
1501 Truxtun Avenue
Bakersfield, CA 93301
Attn: Marian P. Shaw
Subject: Inclusion of Parcels 3 & 4 of Parcel Map 2465 in a Maintenance District
Gentlemen:
We, the undersigned, as owners of the property included within Parcels 3 & 4 of Parcel Map No.
2465 hereby request that the 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 $1,504.00 to cover the costs mentioned above. 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 the formation of or inclusion in a
maintenance district.
We have signed and are returning the enclosed Proposition 218 ballot (Official Assessmem
Ballot) indicating our consent to the assessments.
Jim Nickel
Nickel Family LLC
La Hacienda, Inc.
CITY OF BAKERSFIELD
CONSOLIDATED MAINTENANCE DISTRICT
IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMElqT BALLOT
This assessment ballot is for the ose of the property owner ol'the parcel(s) identified below, which
parcel(s) is proposed to be included in the City of Bakersfield Consolidated Maintenance District
(hereinat~er CMD).
This assessment ballot may be used to express either support for or opposition to inclusion within the
CMl). 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 TillS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
Owner Nickel Farailv, LLC -
Property description Parcels 3 & 4 of Parcel MaD No. 2465
Individual assessments shall not exceed $ 125- 00 per equivalent dwelling unit.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City o£
Bakersfield include the above described
Property within the Consolidated Maintelmnce
District and levy an assessment not to exceed
the amount set forth above?
Yes x
No
Date "~"-t- -~ 1999
/
Owner Signatu~~
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. 10581 Parcel Nos. 1 and 2
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of ., 199__ by
La Hacienda. 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 1 of the Consolidated
Maintenance District, and my be assessed for maintenance of public landscaping on public rights-of-way
within the district.
Although this property may have been assessed a lesser mount 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 mn with the land.
Dated this day of
Owner(s)/Developer(s):
La Hacienda, Inc.
a California Corporation
,, 199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/deveioper(s) signatures must be notarized.