HomeMy WebLinkAboutMD Packet 1-17 Cancelled;20
Bakersfield, California, September 8,1999 -Page 4
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8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. August 25,1999 Council Meeting.
Payments:
b. Payments frorr~ August 14, to August 2?,,1999 in the
amount of $4,722,010.41; and Self Insurance
payments from August 14, to August 2?,1999 in the
amount of $231,93fi.58.
Ordinances:
G. Qrdinance adding Chapter 11 of the Bakersfield REFERRED TO
Municipal Code relating to use of mail ballotelections LEGISLATIVE ANa
under Proposition 218. LITIGATION
COMMITTEE
Resolutions.
d. - Resolution of Intention No12x2 to add territory, Area DFLf TED
_.._
1-17 Empire, Bahamas} to the Consolidated.
Maintenance District and preliminary adopting,
confirming and approving Public v~orks Director's
Repork. ~War~ 5~
e. Resolution adding territory, Area 414 Mesa Morin, RES X31-99
184} to the Consolidated Maintenance District and
confirming the assessments, approving the .Public
Uvorks Director's Report and. authorizing collection of
assessments by the Kern County Tax Collector. Ward
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f. Resolution appropriating $2fi,000 Asset Forfeiture RES 132-99
Funds tothe Police Department Operating Budget in
the General Fund for the purchase of two police
service dogs, their training, necessary kennel facilities
and equipr~ent.
1, Award of Contract to Dog Training Center of CON gg.2~g
California, Inc., in the amount of $21,fi00 for
the purchase oftwo police dogs and training.
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ADMINISTRATIVE REPORT
MEETING DATE: September 8,1999 AGENDA SECTION: Consent Calendar
ITEM:
T0: Honorable Mayor and City Council
FROM: Raul M. Rojas, PublicvUorks Director
DATE: August 18,1999
CITY ATTORN
CITY MANA
APPR VED
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SUBJECT: Resolution of Intention No.1202 declaring the City's intention to add territory, Area 1-17 (Empire}
to the Consolidated Maintenance District and preliminarily adopting, confirming and a roving Public Works
Director's Report. (Ward 5}
DEPARTMENT
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received by the ity Engineer rom the owner of LLA P99-
0446, to be included into the Consolidated Maintenance Distri t as requir d by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance Distri will provi a for the maintenance of public
street and median Landscaping. Staff recommends the additi n of ter tory, Area 1-17 (Empire),. to the
Consolidated Mainte-Hance District. Area 1-17 is generally bou ded b the Kern River on the northwest,
State Highway Route 99 on the east and Empire Drive on t e uth. This area will be under the
streetscape/median zone of benefit and assessed an amount for eet tier 1.
Staff is recommending the new territory be added to the Consoli at d Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the ow er of the roperty described in Ll~ P99-0448
which waives the public hearing concerning inclusion in t Consolida ed Maintenance District. This allows
the City to expedite the, maintenance district process, o satisfy the s bdivision requirement. The owners
also have submitted a Proposition 218 ballot indicati g their consent t the assessments.
In orderto provide future property owners with disclosure regarding the inc lion of land in the Consolidated
Maintenance District and the estimated maximum annual cost per equivale t dwelling unit, a covenant has
been drafted and will be supplied to the subdividerldeveloper to be re rded with the Certificate of
Compliance for the Lot Line Adjustment. A copy of this covenant is attached r reference.
Ivd
August 18,1999, 5:18PM
S:IPROJECTSWIAINDISTIADMI N RPTImd1-17ro199.wpd
RESOLUTION OF INTENTION N0.1202
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-17 (EMPIRE), 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 ma rovide
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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 owners} 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, Munici al Code of the
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City of Bakersfield and the Public. Works Director recommends addition of territo to the
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Consolidated Maintenance District; and
WHEREAS, it is the intention of the City. Council. of the Cit of Bakersfield to
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add territory, Area 1-17 (Empire}, to the Consolidated Maintenance District, said. area is
generally described in Exhibit "A" attached. hereto, to maintain and o erate the .local
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improvements including public street landscaping; and
WHEREAS, the Public Works Director has. on this date filed with the Clerk
of said Council his Report, attached hereto and incor orated herein b reference as
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: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-
I HEREBY CERTIFY that the foregoing Resolution was passed and ado ted
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by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CITYCLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB PRICE
MAYOR of the Cit of Bakersfield
Y
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By~
S:IPROJECTSIMAINDISTIROIIMD1-17ri.wpd
Attachments:
Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
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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 non-residential
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 raintenance and
overhead costs.
The area will consist of 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
Forrnula is set forth herein as Exhibit "C" and attached hereto and incor orated in this
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resolution as though fully set forth herein.
NoW THEREFORE, I, RAUL M. R4JAS, 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 incor orated herein as
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though fully set forth, upon all parcels of property within additional area Area 1-17
.Empire), 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_
121.37 feet, to the beginning of a tangent curve concave southeasterly, with a
radius of 300.00 feet;.
THENCE X13) Southwesterly along said curve and centerline of Empire Drive
through a central angle of 28° 17' 21", an arc distance of 148.12 feet;
THENCE X14) North 00° 00' 07" West, a distance of 37.41 feet to intersect a point
on the north right-of-way of Empire Drive;
THENCE (15) Forth 00° 00' 07" West, a distance of 167.30 feet, to the TRUE
POINT OF BEGINNING.
EXHIBIT "A"
S:IPROJECTSIMAINDlSTILEGALS1Legal1.17,wpd
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, ad'usted for rior ear
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fund balance or deficit;
Multiplied by (a}: The number of Equivalent Dwelling Units EDU's for
( )
the parcel, and;
Multiplied by (t): The factorforthe tier level, which a uals the street tier
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number, and;
Divided by (b}: The. total number of street EDU's in the district.
(1) = Sxaxt
b
NOTE: Undeveloped residential and commercial parcels with no existin adjacent median
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or street landscaping shall be assessed one-half the number of EDU's for that arcel.
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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 arcels will be assessed for street
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landscaping.
(2) shall be the dollar amount budgeted for the maintenance and o eration of
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the PARKS (P) within the district, adjusted for prior year fund .balance. or
deficit;
Multiplied by (a): The number of EDU's forthe parcel, and;
Multiplied by (t}: The factor for the tier level, which equals the park tier
number, and;
Divided by (b}: The total number of park EDU's in the district.
(2) = Pxaxt
b
EXHIBIT "C"
Page 1 of 4
EDU EXCEPTIONS
Several exceptions have been made to the base EDU rates in the areas listed
below d ue
to commitments made at the time of formation of the original districts.
USE EDU REMARKS
Polo Grounds
Undeveloped R-1 zoned 3.28/acre Rounded down to the
5 acres or more. nearest whole number.
(Per condition of
Annexation)
Parkside Village
Single Family 1.0
Dwelling Unit (Vineyard)
Multi-Family 0.861unit
Dwelling Unit (Shores)
. Multi-Family 0.58/unit
Dwelling Unit
(Edgewater, Brookhaven,
Springs}
Non Residential 24.26
(Castle & Cooke}
Non Residential 1.56
(Parkside Partners)
Brimhall & Verduao,
Seven Oaks, North & South
Undeveloped R-1 zoned 3/acre
5 acres or more
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
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-1 l
Said assessment is made in accordance with the benefit formula attached hereto.
1999-2000
.BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balancel(Deficit~ $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
S:IPROJECTSIMAINDISTIEXHIBITDIMD1-17D.W62
EXHIBIT "D"
City of Bakersfield
Public Works Department
1501 Truxtun Ave.
Bakers., Ca. 93301
Attn; Marian P. Shaw.
Re; LLA No.
Gentleman
We, the undersigned, as owners of the property within Lot Line Adjustment
No._ 1~~°I ~o~~C~_ hereby. request that the property be included within the
Consolidated Maintenance District. This request is ursuant to the re uirements
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,__ of Municipal Code Section 13.04.021.
Enclosed is a check in the amount of ~-8l0• °~ to c
S ___ •ver the cysts ~f
inclusion within the Consolidated Maintenance District. Further, our en ineer will
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supply you with a disk copy of the Lot Line Adjustment No. _ ~~ ~ ~
for your use.
We also waive our righf to any and a1I 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 Pro osition 218 ballot Official
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Assessment Ballot) indicating, our consent to the assessments)
truty yoy
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Sf.~al~ (~.rlC-~ irn~~~r~o~p Ir.~C.
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Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
Cin~ of Bakersfield
Cit3- Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
LLA P99-0446, Lots A and D
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of , 199 ,
by Stockdale Investment Group 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 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 single family dwelling, 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
,199
Owner(s)1Developer(s): City of Bakersfield:
Stockdale Investment Group Inc.,
a California Corporation
Raul M. ~tojas
Public Works Director
NOTE: All owner(s)ldeveloper(s) signatures must be notarized.
S:IPR0JIMDICOVIST
NOTICE OF EXEMPTION
_~
T0: County Clerk
COUNTY OF KERN
1415 Truxtun Avenue
Bakersfield, CA 93301
FI~.ED
KERN CQUNTY AppendlX I
AUG 1 6 1999
DAME R
BY
Project Title: Addin Territor~(Area 1-17, Empire) to the Consolidated Maintenance District.
Project Location-Specific: ec~nerally bounded by Kern River on the northwest, State Highway
Route 99 on the east, Truxtun Avenue on the south.
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Maintenance of a public park and public street and median landscaping
improvements.
Name of Public Agency Approving Project: CITY OF BAKERSFIELD
Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS
Exempt Status: (Check One)
_ Ministerial (Sec. 21080 (b) (1); 15268 (a);
_ Declared Emergency (Sec. 21080 (b) (4); 15269 (b) (c);
_ Emergency Project (Sec. 21080 (b) (4); 15269 (b) (c);
x Categorical Exemption. State type and section number.
Section 15305(~f
_ Statutory Exemptions. State code number.
Reasons why project is exempt: Minor alteration in land use limitations with addition of territory to
an existing Maintenance District, CEQA guideline, City of Bakersfield Resolution No. 212-92.
Lead Agency
Contact Person: Marian Shaw Area CodelTelephone/Extension:~661) 326-3579
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption be filed by the public agency approving the project? Yes x No
Signature:., :~ ~ Date: `
Title:
x Signed by Lead Age y Date received for filing at OPR:
x Signed by Applicant
~lati~e a~ ~nv~ron~ental ~a~~:~~ rat
~as~ed by ~a~nty Cler1~ an °"
aid far 3~ days therea~t~r, Pursuant to
Faction 21 ~ ~2~Cp, Pub~~a Pesaurces Cady
~~fi~~~~ 1~: ~~ '~`8t~~ X24 74~~ ~ ~ BfPUR~[ASI~~
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Tf a~~~t mot i~ for ~.e a ofth~ Fro~~ o~~ of ~ parc~s~ id~~ b~o~, w~~ch
~~~~~~ ~ prop~o t~ ~e in~1~ ~ ~ ~~ of`~~ed ~o~~r 1l~~nt~aoc~ ~
'~ ~ ~t ~~ used to ~ e~~a~-port for or t~po~i#~oo to m~lusion v~it
~~. ~. ~rd~ to ~~ ~€rt~d, ~ ~ss~ae~rt i~tot mist ~e~ ~ov~ ~ o~ or, t~'the
~~r is ~ an ~~~~ by ~ ~.ar~~ed r~rt~~ of ~ ~~r.
T~ ~A~T THIS BALLOT, P~E,AE ~ET"~t'~II ~~371I~ P~.GE
OFFICIAL ASSESSMENT BALLOT
ownu S~'ocL~ Dq.~E 1 NV TAC'v~s"~ {~~u~ l~C
Property aeua;ption PA.t~. /~~D off- L. L.q.'~Zf~j
~. ' 'dam ~si~nts shy nit +e~+~e~d ~..-''~ ~u~r~~nt tag u~t.
~~~~~ ~.~L~3T 1~U
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. t~~ ~ sit ~~ ~~c~~ ~ _~___
I?~te _ ~ • ~ , 1999
t3wlier
5.~~~~NDi~~irc'~avrp~d
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city of Bakersfield
Public U1lorks Department
1 X01 Truxtun Ave.
Bakers., ca. 93301
Attn; Marian P. Shaw
Re; LLA No.
gentleman
1J11e, the undersigned, as owners of the property within Lot Line Adjustment
No. 1~~°~~k~ hereby .request that the property be included within the
consolidated Maintenance District. This request is pursuant tQ the requirements
of Municipal code Section 13,04.021.
Enclosed is a check in the amount ~f $ ~-~~O ~ ° ~_ to cover the costs of
i~tclusior~ within the consolidated Maintenance District. Further, our engineer will
supply you with a disk copy of the Lot Line Ad justment No. , °P°I~ ~- c~~~ ~ ,_
far your use.
'V11e 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 eonsen# to the assessments.
truly yo r ,
~~~a~ 1 i,~lES i M~-tirr" ~ r~ov~ INC .
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
AREA 1-17, EMPIRE) TO THE
CON OLIDATED MAINTENANCE DISTRICT I
BAKERSFIELD, CALIFORNIA ~
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DISTRICT BOUNDARY
PARCEL A
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FILED IN THE OFFICE OF THE CITY CLERK THIS DAY
OF , 19_
CITY CLERK OF THE CITY OF
.BAKERSFIELD, CALIFORNIA
AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS,
PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM.
SAID ASSESSMENT WAS LEVIED ON THE OAY OF
. 19_,_,; SAID ASSESSMENT DIAGRAM AND
THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE
DEPARTMENT OF PUBLIC WORKS OF SAID CITY ON THE DAY
OF , 19_, REFERENCE iS MADE TO THE
ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF
PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED
AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM.
CITY CLERK OF THE CITY OF
BAKERSFIELD, CALIFORNIA
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LLA. N0, 265
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FILED FOR RECORD THIS DAY OF ,
19_, AT - M., IN BOOK OF .ASSESSMENT
DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA.
JAMES W. MAPLES
COUNTY ASSESSOR-RECORDER
8Y
CHIEF DEPUTY RECORDER
RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC .WORKS
THIS DAY OF . 19~
DIRECTOR OF PUBLIC WORKS
BAKERSFIELD, CALIFORNIA
EXHIBIT "B'
FILE: AREA 1-17 SHEET 1 of 1