HomeMy WebLinkAboutROI NO 1240RESOLUTION OF INTENTION NO. 1240
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-21 (MT. VERNON, BERNARD NE),
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 4-21 (Mt. Vernon, Bernard NE), 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
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
-1-
ORIGINAL
(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 Lot Line Adjustment No. P01~0372, 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.
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 4-21, Mt. Vernon, Bernard NE), 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 4-21 (Mt. Vernon, Bernard
NE) 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 Landscape
Zone of benefit and is assessed an amount not to exceed $125.00 per equivalent dwelling
unit per year.
-oOo-
-2-
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council °f0t~l'~eb[ 2(~it'y^09f~. ~.u · Bakersfield at a regular meeting thereof held on
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~
COUNCILMEMBER
CITY CLERK and Ex Offiq(~ Clerk of the
v
Council of the City of Bakersfield
APPROVED
OCT ~ & 'Z091
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"
-3-
ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-21 (MT. VERNON, BERNARD NE)
Fiscal Year 2001-2002
Addition of territory, Area 4-21 (Mt. Vernon, Bernard NE) to the Consolidated
Maintenance District is generally described as an area bounded by Highway 178 on the
north, a line 1/4 mile east of Mt. Vernon Avenue on the east, Barnard Street on the south,
and Mt. Vernon Avenue 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 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 4-21 (Mt. Vernon, Bernard NE) 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 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"
ORIGINAL
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, the appropriate street tier level will
be assigned, but in no case shall the assessment exceed $125 per equivalent dwelling
unit.
The area will consist of 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 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, RAU L 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 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 4-21 (Mt.
Vernon, Bernard NE), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
RAUL ~
Director of Public Works
City of Bakersfield
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OHIGINAL
Area 4-21
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 22, T 29 S, R 28 E, M D. B. & M., and more particularly
described as follows:
Commencing at the west quarter corner of said Section 22, said point also being the
intersection of centerlines of Mt. Vernon Avenue and Bernard Street; thence North
00 ° 15' 20" West, along the centerline of Mt. Vernon Avenue, a distance of 661.69
feet, to the TRUE POINT OF BEGINNING
THENCE (1) Continuing North 00 ° 15' 20" West, along said centerline of Mt. Vernon
Avenue, a distance of 195.38 feet;
THENCE (2) North 89° 44' 40" East, a distance of 55.00 feet, to intersect the east
right of way line of said Mt. Vernon Avenue;
THENCE (3) North 00° 15' 20" West, along said east right of way line, a distance
of 50.00 feet;
THENCE (4) North 89 ° 44' 40" East, a distance of 48.00 feet;
THENCE (5) North 00° 15' 29" West, a distance of 259.81 feet;
THENCE (6) North 05° 27' 40" East, a distance of 27.37 feet, to the beginning of a
tangent curve, concave southeasterly having a radius of 38.00 feet;
THENCE (7) Northeasterly along said curve through a central angle of 66 ° 48' 03",
an arc distance of 44.30 feet, to the beginning of a reverse curve, concave westerly
having a radius of 50.00 feet;
THENCE (8) Northeasterly and Northwesterly along said curve, through a central
angle of 130° 06' 16", an arc distance of 113.54 feet;
THENCE (9) North 00° 42' 05" East, a distance of 8.00 feet;
THENCE (10) North 89° 18' 03" East, a distance of 1175.83 feet;
THENCE (11 ) South O0° 18' 31" East, along said north right of way line, a distance
of 1324.32 feet, to intersect the centerline of Bernard Street;
EXHIBIT "A" .~ ~-\~.5'
ORIGINAL
THENCE (12) South 89 ° 20' 34" West, along the centerline of said Bernard Street,
a distance of 660.42 feet;
THENCE (13) North 00° 16' 55" West, a distance of 661.92 feet;
THENCE (14) South 89° 19' 22" West, a distance of 660.14 feet, to intersect the
centerline of Mt. Vernon Avenue and the TRUE POINT OF BEGINNING.
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EXHIBIT "A"
O~ir~INAL
Z
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-21, MT. VERNON, BERNARD NE) TO
CONSOLIDATED MAINTENANCE DISTRICT
143.83'
BAKERSFIELD,
N89'18'O3"E
PARCEL C
CALIFORNIA
1319.66'
1175.83'
685.87'
PARCEL
LINE TABLE
LINE LENG~-I BEARING
L1 195.$8' NOO"15'20"W
L2 55.00' N89'44'4-O"E
L5 50.00' NOO'15'20"W
L4 48.00' N89'44'40"V
L5 259.81' NOO'15'29"W
L6 27.37' NO5'2?'4-O"E
L7 8.00 NOO'42'OS"W
CURVE TABLE
CURVE DELTA LE N Gll'l RADIUS
C2 130'06'16" 113.54' 50.00'
DIS~ICT BOUNDARY
1PARCEL A
L 660.42'
iq-- - _ ~6o.44~
S89'19'22"W 660.14' '~
..,~W~ST 1/4 CORNER SECTION 22 T29 S. R28 E
660.44'
N89'20'34"E 1320.88' '"" ~ BERNARD STREET
RILED IN THE OFFICE OF TH/ C~TY CLERK THiS DAy FILED FOR RECQRD THIS DAY OF
THEM
NOT TO SCALE
JAMES W MAPLES
COUNTY ASS£SSOR-RECORDER
BY
CHIEF DEPUTY RECORDER
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) = 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 pamels 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
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
Agricultural Zone
Single Family (Detached)
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
less than 5 acres.
Multi-Family (Attached)
Undeveloped R-2, R-3
EDU REMARKS
1.0 Per parcel
1.0 Per pamel
4/acre
1/acre
0.71/unit
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
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.
EXHIBIT~(~'' ~
Page 2~f 4 ~'
,~R~GINAL
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 Village (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 & Verduqo (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, Villa~le Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBIT .E~C"
Page 3 0T¢~F~i~AL
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Stockdale, Callowa¥ (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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EXHIBI'~C"
Page f 4
~IOI~AL.
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-21
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
S/PROJECTS/MAIN DIST/EXHIBITD/M D4 21DWB2
EXHIBIT 'E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 4-21
FISCAL YEAR 2001-2002
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 2001-2002
129-010-02-01-6
129-010-03-00-0
129-010-09-00-8
129-010-27-00-0
$0.00
$0.00
$0.00
$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"
Page 1
ORIGINAL
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 25th day of October ,2001 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1240 passed by the Bakersfield City Council at a meeting held on the
24th day of October 2001, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-21 (MT VERNON, BERNARD NE), 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 AMOUND OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
' Depu-"ty City Clerk
O~GINAL