The URL can be used to link to this page

Home My WebLink AboutROI NO 1201RESOLUTION OF INTENTION NO. 1201 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-14 (MESA MARIN, 184), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefore; and WHEREAS, the property owner has requested the City Council to include the property within the Consolidated Maintenance District in accordance with the procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends addition of territory to the Consolidated Maintenance District; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4-14 (Mesa Marin, 184), to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including public street landscaping and a public park; and WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his Report, attached hereto and incorporated herein by reference as Exhibit "1", containing the following: (a) a description of the boundary of the additional territory, attached hereto as Exhibit "A"; and (b) a map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; and (c) the benefit formula set forth as Exhibit "C"; and (d) a budget, Exhibit "D," containing the matters specified in Section -1- OR ~N,~L 13.04.130 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each parCel, attached hereto as Exhibit "E"; and WHEREAS, the City of Bakersfield has received a letter from the owner of the property described in Parcels 3 and 4 of Parcel Map No. 2465, 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; and WHEREAS, said property owner has returned his assessment ballots indicating his support of the proposed assessments and inclusion in the Consolidated Maintenance District. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, (Area 4-14, Mesa Matin, 184), benefitting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B", attached hereto and incorporated in this resolution as though fully set forth herein, entitled "Map and Assessment Diagram for Addition of Territory, Area 4-14 (Mesa Marin, 184) to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Tier 1 and park tier 1 zone of benefit and is assessed an amount not to exceed $125.00 per equivalent dwelling unit per year. -o0o- -2- ORiGiNAL 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 ~. 5 1999 I by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER I,J O ~ ~ COUNCILMEMBER COUNCILMEMBER ~JO~ ~.. Ex Officio Clerk of the y of Bakersfield APPROVED AUG ~ 5 1999 BOB MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J, THILTGEN City Attorney S:\p ROJ ECTS'~vlAIN DIS'ISROI'~4 D4--14d.wpd Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" -3- 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, 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, 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 park and 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 4-14 (Mesa Marin, 184) is being added to the Consolidated Maintenance District for the maintenance of a public park, public street EXHIBIT "1" 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 will have a zero assessment for the 1999-2000 fiscal year as shown in Exhibit "E". When park and landscape improvements have been completed, it is expected to be placed in park tier 1 and street tier 1. The estimated maximum cost for residential and non-residential development is $125.00 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. Public park improvements will benefit residential parcels, thus only residential parcels will be assessed for park improvements. 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 -2- LEGAL DESCRIPTION Area 4-14 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 Marin 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 ORIGiNaL 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:\P RO J ECTSW~AIN DIST~LEGALS\Legal4-14.wpd EXHIBIT "A" Page 2 of 2 MAF AND ASSESSMENT DIA.~RAM FOR ADDITION OF TERRITORY (AREA 4-14, MESA MARIN, 184) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA NOT TO SCALE PARCEL MAP No 10581 COURT DAY ROAD EXHIB~ "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 ~ Page 1 (~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 2 ~ uRICqNAL 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 & Verduoo. 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 "~ ~'~'~ Page 3 (:~,~4 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 RO J ECTSffVIAIN DIST~FO RMU LAS\ExhC99.wpd Page 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 $0.00 $o.oo $o.oo S:\PRO JECTS~MAINDIST~EXHIBITD\MD4-14D.WB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 4-14 FISCAL YEAR 1999-2000 Assessment Pamel No. as shown on Map Exhibit "B" Total amount to be collected for FY 1999-2000 387-040-18-00-5 387-040-38-00-3 $0.00 $o.oo Total $0.00 Date: City Clerk and Ex Officio Clerk.of the Council of the City of Bakersfield 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 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 Corn_ orati01a, (hereinaRer, "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 may be assessed for maintenance of public landscaping on public fights-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 run with the land. Dated this day of Owner(s)/Developer(s): La Hacienda, Inc. a California Corporation 199 City ofBakersfield: Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. July 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 memioned 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 Assessment Ballot) indicating our consent to the assessments. Very Truly Yours,~ Jim Nickel Nickel Family LLC La Hacienda, Inc. 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 (hereinaRer 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 TillS ENTIRE PAGE OFFICIAL ASSESSMENT BALLOT Owner Nickel Family, LLC - T,m gl~n~:_Ino. Property description Parcels 3 & 4 of Parcel Map No. 2465 Individual assessments shall not exceed $ 125- O0 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 assessment not to exceed the amount set forth above? Yes No x S:\PROJECTS~M AINI)lSTXMisc~Ballol wpd AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 26th day of Auc~ust ,1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1201 _passed by the Bakersfield City Council at a meeting held on the 25th day of Au.qust 1999, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-14 (MESA MARIN, 184), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield City Clerk S:\DOCU M ENI~FORMS'~AOPOSTINGROI.WPD August 26, 1999