HomeMy WebLinkAboutROI NO 1293RESOLUTION OF INTENTION NO. 129~,,
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-35 (JEWETTA, MEACHAM WEST),
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 1-35 (Jewetta, Meacham West), 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
(e)
the amount of assessment to be levied
attached hereto as Exhibit "E"; and
against each parcel,
ORIGINAL
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tract No. 5966 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 1-35, Jewetta, Meacham West), benefiting
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 1-35 (Jewetta, Meacham West) 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 of the City of Bakersfield at a regular meeting thereof held on
OCT ~2 Z003 ., by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offic~ Clerk of the
Council of the City of Bake~field
APPROVED:
OCT 22 2003
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
S:\PROJ ECTS\MAIN DIST~ROI\MD1-35ri03.doc
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 1-35 (JEWETTA, MEACHAM WEST)
Fiscal Year 2003-2004
Addition of territory, Area 1-35 (Jewetta, Meacham West) to the
Consolidated Maintenance District is generally described as an area bounded by a line
1600 feet north of Meacham Road on the north, Jewetta Avenue, a line 1000 feet south
of Meacham Road on the south and Old Farm 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; and sidewalks and walkways 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 1-35 (Jewetta, Meacham West) 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 assessments exceed $125 per equivalent
dwelling unit.
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.
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 2003-2004 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 1-35 (Jewetta, Meacham West), 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
EXHIBIT "1"
LEGAL DESCRIPTION
Area 1-35
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 24, T 29 S, R 26 E, M. D. B. & M., and more particularly
described as follows:
Commencing at the east quarter corner of said Section 24, being the intersection
of the centerlines of Meacham Road and Jewetta Avenue; thence South 89° 43'
36" West, along the centerline of said Meacham Road to the TRUE POINT OF
BEGINNING;
THENCE (1) South 00° 16' 24" East, a distance of 112.50 feet;
THENCE (2) South 89° 43' 36" West, a distance of 81.78 feet, to the beginning of
a tangent curve, concave northerly, having a radius of 1112.50 feet;
THENCE (3) Westerly along said curve through a central angle of 15° 00' 50",
an arc distance of 291.52 feet, to the point of reverse curve, of a curve concave
southerly, having a radius of 887.50 feet;
THENCE (4) Westerly along said curve through a central angle of 09° 19' 30", an
arc distance of 144.48 feet;
THENCE (5) North 05° 26' 02" East, a distance of 21.79 feet;
THENCE (6) South 89° 42' 54" West, a distance of 142.29 feet;
THENCE (7) South 00° 17' 06" East, a distance of 160.00 feet;
THENCE (8) North 89° 42' 54" East, a distance of 51.65 feet, to the beginning of
a tangent curve, concave southerly, having a radius of 745.00 feet;
THENCE (9) Easterly along said curve through a central angle of 00° 16' 22", an
arc distance of 3.55 feet;
THENCE (10) South 00° 15' 02" East, a distance of 475.00 feet;
THENCE (11 ) South 18° 40' 22" West, a distance of 40.42 feet;
THENCE (12) South 69° 13' 24" West, a distance of 74.74 feet,
THENCE (13) South 39° 31' 40" West, a distance of 84.29 feet;
THENCE (14) South 44° 38' 00" West, a distance of 282.93 feet;
THENCE (15) North 45° 22' 15" West, a distance of 686.02 feet, to the beginning
of a tangent curve, concave northeasterly, having a radius of 270.00 feet;
EXHIBIT "A"
THENCE (16) Northwesterly, along said curve, through a central angle of 18° 11'
50", an arc distance of 85.75 feet;
THENCE (17) South 62° 47' 44" West, a distance of 124.87 feet;
THENCE (18) South 89° 49' 30" West, a distance of 57.46 feet;
THENCE (19) South 00° 20' 33" East, a distance of 302.27 feet;
THENCE (20) Nor[h 45° 22' 01" West, a distance of 1233.52 feet;
THENCE (21) North 00° 20' 33" West, a distance of 1567.31 feet;
THENCE (22) North 89° 44' 35" East, a distance of 872.69 feet;
THENCE (23) South 00° 14' 31" East, a distance of 29.57 feet;
THENCE (24) North 89° 45' 29" East, a distance of 1759.71 feet;
THENCE (25) South 00° 15' 54" East, a distance of 547.22 feet;
THENCE (26) South 89° 45' 29" West, a distance of 879.37 feet;
THENCE (27) South 00° 21' 18" East, a distance of 995.47 feet, to a point on the
centerline of said Meacham Road;
THENCE (28) North 89° 42' 18" East, along said centerline, a distance of 159.38
feet, to the beginning of a tangent curve, concave southerly, having a radius of
995.42 feet to the point of reverse curve, of a curve concave northerly, having a
radius of 995.40 feet;
THENCE (29) Easterly along said curve, through a central angle of 15° 05' 01",
an arc distance of 262.05 feet;
THENCE (30) North 89° 43' 36" East, a distance of 81.71 feet, to the TRUE
POINT OF BEGINNING.
S:\PROJECTS\MAINDIST\LEGALS\LegaI1-35.DOC
EXHIBIT "A"
ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 1-35, JEWE'I-I'A, MEACHAM WEST) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
m
BAKERSFIELD, CALIFORNIA
BER I~S C04JRT
JIMRIK A'vTc. N UE
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 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 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
(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
Note: Since Proposition 218 was passed in November 1996, assessment rates have
been frozen at the 1996-1997 level.
EX H i BlT ,,C,~? ~Ak'~'*~
Page 1 of 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 parcel
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 "C"~?
Page 2 of
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 & 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, Village Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBIT
Page 3 of~t
OFII(~INAL
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Wall Street (4-25)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
EDU
3
0.71/unit
6/acre
REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, 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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4/03
EXHIBIT "C~.<::)~< ~A'K~c'9~-~
Page 4 of~
ORIGINAL
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-35
Said assessment is made in accordance with the benefit formula attached hereto,
2003-2004
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
EXHIBIT
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-35
Assessor's Tax No.
465-010-05-00-7
465-010-22-00-6
465-010-24-00-2
466-010-25-00-5
465-010-26-00-8
ASSESSMENT ROLL
FISCALYEAR2003-2004
Total amount to
be collected for
FY 2003-2004
$0.00
$0.00
$o.oo
$o.oo
$o.oo
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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 23rd day of October , 2003 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1293 .passed by the Bakersfield City Council at a meeting held on the
22nd day of October 2003, and entitled:
A RESOLUTION DELCARING INTENTION TO ADD
TERRITORY, AREA 1-35 (JEWETTA, MEACHAM WEST), TO
THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLICE WORKS DIRECTOR'S
REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE
AMOUNT OF ASSESSMENT TO BE LEVIED AGAINS EACH
PARCEL.
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By: ~u_~
Deputy City Clerk