HomeMy WebLinkAboutROI NO 1208RESOLUTION OF INTENTION NO. 1208
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-13 (GOSFORD, PACHECO SW), 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 3-13 (Gosford, Pacheco SW), to the Consolidated Maintenance District,
said area is generally described in Exhibit "A" attached hereto, to maintain and operate the
local improvements including public medians and other street landscaping; 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
13.04.130 of the Bakersfield Municipal Code; and
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(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 Tentative Parcel Map No. 10465, 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; and
WHEREAS, said property owner has returned his assessment ballot
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:
herein.
1. The foregoing recitals are true and correct and are incorporated
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 3-13, Gosford, Pacheco SW), 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", entitled
"Map and Assessment Diagram for Addition of Territory, Area 3-13 (Gosford, Pacheco SW)
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 2
zone of benefit and is assessed an amount not to exceed $125.00 per equivalent dwelling
unit per year.
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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
JUL 18 2001 , by the following vote:
ABSTAIN:
COUNCILMEMBER 'CAF,3ON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officiq'~lerk of the
Council of the City of Bakersfield-- v..
APPROVED J~L/8 Z00!
HARVEY' L. HA~'L W w
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-13 (GOSFORD, PACHECO SW)
Fiscal Year 2001-2002
Addition of territory, Area 3-13 (Gosford, Pacheco SW) to the Consolidated
Maintenance District is generally described as an area bounded by Pacheco Road on the
north, Gosford Road on the east, Harris Road on the south, and Progress Road on the
west, 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. The improvements generally include, but are not limited
to, irrigation system including water mains, sprinklers, fountains, and electrical wires,
conduits and timers; plant forms including trees, shrubs, ground cover and turf 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 ail 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 3-13 (Gosford, Pacheco SW) is being added to the
Consolidated Maintenance District for the maintenance of public street median and other
street landscaping. The area will be assigned appropriate street tier in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other
parcels receiving a similar benefit.
EXHIBIT "1"
All parcels within this area shall be assessed an amount not to exceed
$125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel.
However, parcels will not be assessed until street landscaping has been installed. When
street landscape improvements have been completed, street tier 2 assessments will be
assessed.
The area will consist of nonresidential use, thus afl 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.
NOWTHEREFORE, I, RAUL M. ROJAS, Director of PublicWorks 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 2001-2002 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 territory, Area 3-13
(Gosford, Pacheco SW), 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
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LEGAL DESCRIPTION
Area 3-13
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 20, T 30 S, R 27 E, M. D. B. & M., and more ~articularly
described as follows:
Commencing at the northeast corner of said Section 20, said corner being a point
on the centerline of Gosford Road, Thence South 00 o 38' 57" West, along the east
line of said Section 20 and centerline of Gosford Road, a distance of 117.16 feet,
to the TRUE POINT OF BEGINNING;
THENCE (1) Continuing South 00° 38' 57" West, along said east line and centerline
a distance of 2526.59 feet, to intersect the centedine of Harris Road:
THENCE (2) North 89° 15' 00" West, along said centerline of Harris Road, a
distance of 2640.20 feet:
THENCE (3) North 00° 39' 44" East, a distance of 1324.72 feet, to the beginning
of a tangent curve, concave easterly, having a radius of 5679.60 feet;
THENCE (4) Northerly along said curve through a central angle of 00° 17' 39", an
arc distance of 29.16 feet, to the beginning of a tangent curve easterly, having a
radius of 4533.69 feet;
THENCE (5) Northerly along said curve through a central angle of 00° 22' 30", an
arc distance of 29.67 feet, to the beginning of a tangent curve easterly, having a
radius of 3769.75 feet;
THENCE (6) Northerly along said curve through a central angle of 00° 27' 00", an
arc distance of 29.61 feet, to the beginning of a tangent curve easterly, having a
radius of 3224.08 feet;
THENCE (7) Northerly along said curve through a central angle of 00° 31' 30", an
arc distance of 29.54 feet, to the beginning of a tangent curve easterly, having a
radius of 2814.83 feet;
THENCE (8) Northerly along said curve through a central angle of 00° 36' 00", an
arc distance of 29.48 feet, to the beginning of a tangent curve easterly, having a
radius of 2496.52 feet;
EXHIBIT "A"
THENCE (9) Northerly along said curve through a central angle of 00° 40' 30", an
arc distance of 29.41 feet, to the beginning of a tangent curve easterly, having a
radius of 2241.88 feet;
THENCE (10) Northerly along said curve through a central angle of 00° 45' 00", an
arc distance of 29.35 feet, to the beginning of a tangent curve easterly, having a
radius of 2033.53 feet;
THENCE (11) Northerly along said curve through a central angle of 00° 49' 30", an
arc distance of 29.28 feet, to the beginning of a tangent curve easterly, having a
radius of 1859.91 feet;
THENCE (12) Northerly along said curve through a central angle of 00° 54' 00", an
arc distance of 29.22 feet, to the beg~nmng of a tangent curve easterly, having a
radius of 1713.01 feet;
THENCE (13) Northerly along said curve through a central angle of 00° 58' 30", an
arc distance of 29.15 feet, to the beginning of a tangent curve easterly, having a
radius of 1587.09 feet;
THENCE (14) Northerly along said curve through a central angle of 01° 03' 00", an
arc distance of 29.08 feet, to the beginning of a tangent curve easterly, having a
radius of 1477.96 feet;
THENCE (15) Northerly along said curve through a central angle of 01 o 07' 30", an
arc distance of 29.02 feet, to the beginning of a tangent curve easterly, having a
radius of 1382.47 feet;
THENCE (16) Northerly along said curve through a central angle of 01 ° 12' 00", an
arc distance of 28.95 feet, to the beginning of a tangent curve easterly, having a
radius of 1298.21 feet;
THENCE (17) Northerly along said curve through a central angle of 01 16' 30" an
arc distance of 28.89 feet, to the beg~nmng of a tangent curve easterly, having a
radius of 1223.32 feet;
THENCE (18) Northerly along said curve through a central angle of 01° 21' 00", an
arc distance of 28.82 feet, to the beginning of a tangent curve easterly, having a
radius of 1156.31 feet;
THENCE (19) Northerly along said curve through a central angle of 01 ° 25' 30", an
arc distance of 28.76 feet, to the beginning of a tangent curve souutheasterly,
EXHIBIT "A"
having a radius of 1096.01 feet;
THENCE (20) Northeasterly along said curve through a central angle of 53° 21' 46",
an arc distance of 1020.78 feet, to intersect the north right of way line of Pacheco
Road (60 feet wide);
THENCE (21) South 89° 09' 05" East, a distance of 1948.06 feet; to intersect the
east line of said Section 20 and centerline of Gosford Road and the TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM the following 2 water well sites.
Commencing at the northeast corner of said Section 20, thence southerly along the
east line of Section 20, also being the centerline of Gosford Road, a distance of
147.15 feet to intersect the centedine of Pacheco Road (60 feet wide); thence South
89° 42' 00" West, along said centerline of Pacheco Road, a distance of 2003.14
feet; thence South 00° 18' 00" East, a distance of 30.00 feet, to the TRUE POINT
OF BEGINNING; thence South 00° 18' 00" East, a distance of 132.41 feet; thence
South 89° 42' 00" West, a distance of 89.51 feet; thence North 23° 53' 08" East, a
distance of 145.15 feet; thence North 89° 42' 00" East, a distance of 30.04 feet, to
the TRUE POINT OF BEGINNING.
Commencing at the northeast corner of said Section 20, thence South 00 o 39' 39"
West, along the east line of Section 20, also being the centerline of Gosford Road,
a distance of 1000.00 feet; thence North 89° 20' 21" West, a distance of 55.00 feet,
to the TRUE POINT OF BEGINNING; thence South 00° 39' 39" West, a distance
of 70.00 feet; thence North 89° 20' 21" West, a distance of 70.00 feet; thence North
00° 39' 39" East, a distance of 70.00 feet, thence South 89° 20' 21" East, a
distance of 70.00 feet to the TRUE POINT OF BEGINNING.
Note: The basis of bearings for the 2 well site parcels are from the original deeds and are
different from bearings on the above description.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 3-13, GOSFORD, PACHECO SW) TO
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
ROAD
BY
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 pamel in the Park Zone of Benefit shall be assessed the amount as defined
in (2) below:
Each pamel 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 as
defined on page 2 of this exhibit) 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) = .S x a x t
b
NOTE: Undeveloped residential and commemial 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
EQUIVALENT DWELLING UNIT (EDU) CHART
An Equivalent Dwelling Unit (EDU) is equal to a single family residence. 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 pamel
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 of 4~5''
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 (1-04)
Undeveloped R-1 zoned
5 acres or more.
Parkside Villaqe (2-01)
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 (1-09)
Seven Oaks, North (2-11) & South (2-20)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Village Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBI~ "C"
Page,'8 of 4,..,
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
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.
Park maintenance fee to be
paid per Agreement 96-81 (1).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
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EXHIBIT "C" (}
Pag~, 4 pf 4,
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 3-13
Said assessment is made in accordance with the benefit formula attached hereto.
2001-2002
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
$0.00
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E~XH'i~iT,,D-
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 3-13
FISCAL YEAR 2001-2002
Assessment Parcel No.
as shown on Map
Exhibit "B"
497-010-24-00-5
Total amount to
be collected for
FY 2001-2002
$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"
ruDane 1
Castle&Cooke
COMMERCIAL-CA, INC.
February25,1999
Mr. Raul Rojas
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Subject: Vesting Tentative Parcel Map No. 10465
2 4 1999
ENGINEERING DEPT.
In accordance with Bakersfield Municipal Code Chapter 13.04, I, Castle & Cooke Commercial,
CA. Inc., as owner of property located within proposed vesting Tentative Parcel Map No. 10465,
hereby request the formation of a new maintenance district or inclusion into an existing
maintenance district for the property to be subdivided.
Enclosed is a check in the mount of $1,498.00 to cover the costs of processing related to district
formation or inclusion.
Also, our engineer has prepared the enclosed disc copy of the above-mentioned subdivision for
your use.
As sole owner of the property involved in this request, I hereby waive the public hearing portion
of this district formation or inclusion into an existing maintenance district.
Please contact Roger McIntosh at 834-4814 if you have any questions.
Director of Engineering
/cra
Enc.
c:\wl~}oc S~CORRES~ I~RAULROJ3 .WPD
10000 Ming Avenue (93311) ° P.O. Box 11165 · Bakersfield, CA 93389-1165 ° (805) 664-6500 ° FAX (805) 664-6199
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 are proposed to
be included in the City of Bakersfield Consolidated Maintenance District (hereinafter CMD).
This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To
be counted, this assessment ballot must be signed below by the owner or, if the owner is not an individual, by an
authorized representative of the owner.
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
Owner: Castle & Cooke Commercial-CA~ Inc, a Califor~lia Cmmpnr~tinn
Property description: Parcel Map 10465
(address, lot/block~tract or other ~egaO
Individual annual assessments shall not exceed .$125.00 per equivalent dwelling unit.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include the above described ~ Yes
Property within the Consolidated Maintenance
District and levy an assessment not to exceed WI No
the amount set forth above?
Title (if representing owner): Vice President: I and Bov~ln_pment
dune 18, '2001
Date:
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. 10465 Phase D Lot Nos. 1 through 11
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS qOVENANT is executed on this day of
by Castle & Cooke Corhmercial-CA, Inc., a California Corporation, (hereinafter, "Owner"),
with the Consolidated Maintenance District, located in the City of Bakersfield, California.
,200__,
in connection
The real property herein described is located within Street Tier 2 of the Consolidated
Maintenance District, and may be assessed on an ongoing, yearly basis for maintenance o fpublic 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 $125.00 per single family dwelling, based on 2001 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 ,200__.
Owner(s)/Deveioper(s):
Castle & Cooke Commercial-CA, Inc.
a California Corporation
City of Bakersfield:
Laura Whitaker, Vice President
Raul M. Rojas, Public Works Director
Stephan J. DeBranch, Vice President
NOTE: All owner(s)/developer(s) signatures must be notarized.
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