HomeMy WebLinkAboutRES NO 7-97RESOLUTION NO. 7 '- 9 7
A RESOLUTION ADDING TERRITORY (AREA 4-12,
CAMINO LA PAZ) TO THE CONSOLIDATED
MAINTENANCE DISTRICT AND CONFIRMING THE
ASSESSMENT AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR. (WARD 3).
VCHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1152, adopted December 4, 1996~ declared its
intention to add territory (Area 4-12, Camino La Paz) to the Consolidated Maintenance
District, confirmed and approved the Public Works Director's Report, the boundaries of the
proposed additional territory, the fairness of the benefit formula, the amount of assessment
to be levied against each parcel and the reservation of right to perform work by City forces
or private contractor. Said additional territory shall be designated Area 4-12, Camino La
Paz, as shown and designated on that certain map entitled Map and Assessment Diagram
for Additional Territory (Area 4-12, Camino La Paz) to the Consolidated Maintenance
District, Bakersfield, California, for Fiscal Year 1996-97 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 sole
property owner within the additional territory (Area 4-12, Camino La Paz) which waives all
rights to a public hearing and to a protest hearing as required by the Brown Act, Streets
and Highway Code and Chapter 13.04 of the Bakersfield Municipal Code; and
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 4-12 Camino La Paz) to the
Consolidated Maintenance District and confirms and adopts the Public Works Director's
Report, (attached hereto as Exhibit 1 and incorporated her~n 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 4-12, Camino La Paz).
ORIGINAL
4. The assessment for the additional territory (Area 4-12, Camino La Paz)
shall not exceed $100.00 per parcel. The assessment for fiscal year 1996-97 is $0.00. The
benefit formula (E ~ ibit "C"), budget for Area 4-12 (Exhibit '~)") and assessment roll for
Area 4-12 (Exh~it "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 1997-98 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 apph'cable 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 ..........
ORIGINAL
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
d~ 2 2 lqO? , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSOI~, SMLTH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
ABSTAIN: COUNCIL~,~MBER /~ ~(-~/~ ~.. ' .
ABSENT: COUNCILMEMBER
CITY CLERK and Ex :O~ff~1o Clerk of
Council of the City of B~e~gfield
APPROVED: "JAN ~, 2 1997
BO ~RIC~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. S:KOUSEN
CITY ATTORNEY of the City of Bakersfield
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
ORIGINAl.
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY (AREA 4-12, CAMINO LA PAZ)
Fiscal Year 1996-1997
WHEREAS, on WEDNESDAY, December 4, 1996, the Council of
the City of Bakersfield adopted its Resolution of Intention No.
1152 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 4-12, Camino La Paz) to the
Consolidated Maintenance District is generally described as an area
bounded by Camino La Paz on the south, Mesa Marin Drive on the
west, Kern Canyon Road on the north and 145 feet west of the east
line of Section 20, T.29 S., R. 29 E. on the east 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-
ORIGINAL
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 4-12, Camino La Paz) 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 will have a zero assessment
for the 1996-97 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 development is $100.00 per Equivalent Dwelling Unit
based on full build out of the benefit area at existing zoning,
using 1996 dollars and 1996 Parks Department maintenance and
overhead costs.
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.
-2-
ORIGINAL
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 1996-97 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 (Camino La Paz)subject to approval be
assessed to pay the cost of maintenance and operation in said area.
'JAN 2 3 1~7
Dated: RA L ~. R~JA/~D __
Director of Public Works
City of Bakersfield
-3-
ORiGiNAL
AREA 4-12, CAMINO LA PAZ
Legal Description
Being a portion of Section 20, T. 29 S., R. 29 E., M.D. B. & M.,
in the City of Bakersfield, County of Kern, State of California,
described as follows:
Commencing at the northeast corner of said Section 20, thence South
00° 40' 36" West, along the west line of said Section 20, a
distance of 1,940.30 feet, to intersect the easterly prolongation
of the centerline of Camino La Paz, thence North 89° 19' 24" West,
along said centerline a distance of 145.00 feet to a point being
the TRUE POINT OF BEGINNING;
Thence (1) North 89° 19' 24" West, along the last named
centerline a distance of 605.05 feet, to intersect the
centerline of Mesa Marin Drive;
Thence (2) North 00° 40' 36" East, along the last named
centerline a distance of 148.08 feet to the beginning of a
tangent curve concave to the southwest, having a radius of
500.00 feet from which the radial point bears North 89° 19'
22" West;
Thence (3) Northwesterly along said curve through a central
angle of 43° 41' 28", an arc distance of 381.27 feet to
intersect th~ centerline of Celebrar Court;
Thence (4) North 43° 00' 52" West, a distance of 148.11 feet;
Thence (5) North 46° 59' 08" East, a distance of 30.00 feet;
Thence (6) North 59° 21' 33 East, a distance of 116.80 feet;
Thence (7) North 72° 12' 52" East, a distance of 82.42 feet;
Thence (8) North 82° 18' 22" East, a distance of 81.77 feet;
Thence (9) South 89° 19' 24" East, a distance of 920.30 feet;
Thence (10) South 00° 40' 34" West, a distance of 720.00 feet
to the TRUE POINT OF BEGINNING.
EXHIBIT "A"
O~IQiNAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDI:TION OF TERRITORY
(AREA 4-12, CAMINO LA PAZ) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA ~c,~, ,-- ,oo.
TRACT NO, 5804
'PHA,SE ONE AND TWO'
EXHIBIT "B'
ORIGiN,~[
AREA 4-12, CAMINO LA PAZ
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel in the Street Landscaping Zone of Benefit shall be
assessed the amount as defined in (1) 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): The number of Equivalent Dwelling Units
(EDU's) for the parcel, and;
Multiplied by (t): The factor for the tier level, which
equals the tier number, and;
Divided by (b): The total number of EDU's in the
district.
(1) = S x a x t
b
EXHIBIT "C"
Page 1 of 2
ORIGINAL
EQUIVALENT DWELLING UNIT (EDU) CHART
Equivalent Dwelling Units (EDU's) shall
potential use per zoning as follows:
USE EDU
Agricultural Zone 1.0
Single Family (Detached) 1.0
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned 4/acre
5 acres or more.
undeveloped R-1 zoned, i/acre
less than 5 acres.
Multi-Family (Attached) 0.71/unit
Dwelling Unit R-2, R-3
Undeveloped R-2, R-3 0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
6/acre
0.71/unit
1.00/unit
be calculated by use or
REMARKS
Per parcel
Per parcel
Rounded down to the
nearest whole number.
Rounded down to the
nearest whole number.
Number of units shall
equal the acreage
multiplied by 12
rounded down to the
nearest whole number.
Rounded to nearest .01
Each calculated per
the above.
EX}{IBIT "C"
Page 2 of 2
EXHIBIT "D"
AREA 4-12, CAMINO LA PAZ
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFFr
FOF~MULA A'FI',~3HED HERETO.
1~6-1~7
~DGET
Gross Budget Amount Required
(C~ty St~ff Services or C~tract,
$~:,piie~, Ma~e'ials, Utilities,
and Ore.cad Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Coo~'ib~tJon
NET AMOUNT TO BE ASSESSED
$0.00
F:\MAJ NDI S'~EXHIBITS\M04 - 12DV~I
JAS
EXHIBIT "D'
ORIGINAL
EXHIBIT "E"
ASSESSMENT ROLL
AREA 4-12, CAMINO LA PAZ
FISCAL YEAR 1 996 - 1997
Assessment Parcel No,
as shown on Map Total
Exhibit "B" Assessment
'387-040-31-00-2 $0.00
Total S0,00
* MAINTENANCE DISTRICT 4-12 CONSISTS OF TENT. TRACT 5804
PHASES 1 AND 2 NOT YET RECORDED. TRACT 5804 PHASES 1 AND
2 IS A PORTION OF 387-040:-31-00-2. ASSESSMENTS VVlLL BE
ON THE LOTS WlTHIN TRACT 5804 PHASES 1 AND 2 WHEN THE
TRACT RECORDS.
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
ORIGINAL