HomeMy WebLinkAboutROI NO 1345RESOLUTION OF INTENTION NO. 1345
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-50 (JEWETTA, REINA 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 1-50, (Jewetta, Reina 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 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 against each parcel,
attached hereto as Exhibit "E"; and
oRIG~NA(
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tract Map 6153, 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 1-50, (Jewetta, Reina SW), 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 1-50, (Jewetta, Reina 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
Landscape Zone of benefit and is assessed an amount not to exceed $125.00 per
equivalent dwelling unit per year.
-oOo-
2
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
S£P 0 8 2004 ., by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMSER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~\~ ~
CITY CLERK and Ex Officio ~.J~rk of the
Council of the City of Bakersfie-ld
APPROVED: SEP 0 8 2004
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINA GENNARO
City Attorney
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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3
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-50 (JEWETTA, REINA SW )
Fiscal Year 2004-2005
Addition of territory, Area 1-50, (Jewetta, Reina SW) to the Consolidated
Maintenance District is generally described as an area bounded by Reina Road on the
north, Jewetta Avenue on the east, a line approximately 1319 north of Noriega 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 1-50, (Jewetta, Reina 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 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"
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 $125 per equivalent
dwelling unit.
The area will consist of residential use, thus all parcels within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
Public median and street landscaping will benefit all the lots or parcels and
will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit
Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this
resolution as though fully set forth herein.
NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the
City of Bakersfield, by virtue of the power vested in me and the order of the Council of
said City, hereby submit the Fiscal Year 2004-2005 Budget and Assessment Roll as set
forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 1-50 (Jewetta, Reina SW) subject to be assessed to pay the cost of maintenance
and operation in said area.
Dated: ,£~/'~ ~/L'A /
RAULM. ROJA$
Director of Public Works
City of Bakersfield
2
EXHIBIT "1"
ORIGINAL
Area 1-50
LEGAL DESCRIPTION
Being Parcels A, B, C and D of Lot Line Adjustment No. 367 in the City of Bakersfield, County
of Kern, State of California as evidenced by that certain Certificate of Compliance recorded
March 22, 1994 in Book 7006, Page 2222, O.R., also being a portion of Section 13, T. 29 S., K.
26 E., M.DM., more particularly described as follows:
BEGINNING at the Northeast comer of said Section 13, said point also being the center-
line intersection of Jewetta Avenue and Reina Road;
THENCE (1) South 00050'32TM West along the centerline of Jewetta Avenue and the east
line of Parcels C and D, 1319.35 feet to the southeast comer of Parcel C;
THENCE (2) North 89°15'15TM West along the south line of Parcels A and C, 2642.89
feet to the southwest comer of Parcel A, said point also being on the centerline of Old
Farm Road;
THENCE (3) North 00050'20'' East along the west line of Parcel A and the centerline of
Old Farm Road, 1318.31 feet to the northwest comer of Parcel A and the centerline inter-
section of Old Farm Road and Reina Road;
THENCE (4) South 89° 16'59" East along the north line of Parcel A and the centerline of
Reina Road, 2.94 feet to the South quarter comer of Section 12, T. 29 S., R. 26 E.,
M.D.M.;
TItENCE (5) South 89o16'36'' East along the north line of Parcels A, B, C and D and the
centerline of Reina Road, 2640.03 feet to the TRUE POINT OF BEGINNING.
Containing 80.02 acres, more or less
EXHIBIT "A"
6153-inclt~ion-lgl
OR;31~iAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 1-50, JEWE'I-rA, REINA SW) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
t } '\ K t ', R~/I t,',] ,I), (~,,\J,[/ORNI/'\
~NA RO~ ~
PAC~F/C HARBOR
7
AVENUE
SHORES
'1
~ NORIEGA ROAD~ -
EXHIBI~,'B'
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) = 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 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.
EXHIBIT "C" ~ ~'~8¢o
Page 1 of 4~ ~_'~
0 %
ORtG~NAL
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 4
EDU EXCEPTIONS
Several exceptions have been made to the Sase EDU rates in the areas listed below
due to commitments made at the time of formation of the original districts.
USE
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
EDU REMARKS
3.28/acre
Parkside Village (2-01)
Single Family 1.0
Dwelling Unit (Vineyard)
Multi-Family 0.86/unit
Dwelling Unit (Shores)
Multi-Family 0.58/unit
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential 24.26
(Castle & Cooke)
Non Residential 7.56
(Parkside Partners)
Brimhall & Verduqo (1-09)
Seven Oaks, North (2-11 ) & South (2-20)
Undeveloped R-1 zoned 3/acre
5 acres or more
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Village Lane (1-20)
Non Residential 1.0
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBIT "C"
Page 3 of 4
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Wall Street (4-25)
Baker Street (4-24)
Baker Street II (4-29)
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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Page 4
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-50
Said assessment is made in accordance with the benefit formula attached hereto.
2004-2005
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
O~tG!,~A~'~'
EXHIBIT "E"
MAINTENANCE DISTRICT AREA '1-50
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
Assessor's Tax No.
527-010-13-00-1
527-010-14-00-4
527-010-15-00-7
527-010-16-00-0
Total
Total amount to
be collected for
FY 2004-2005
$0.00
$0.00
$0.00
$o.oo
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
O~i~;!NAL
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
Tracts 6153, Unit 1~ Lots 1 thru 83
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of ,200~, by First
Capitol Home Mortgage, Corp., a California Corporation and Cherry Hill, 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 the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of-way within the
district. The appropriate Street Tier will be assigned when landscape improvements have been installed.
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 equivalent dwelling unit, based on 2003 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 shalI mn with the land.
Dated this day of ,200 __.
Owner(s)/Developer(s):
First Capitol Home Mortgage, Corp.
a California Corporation
City of Bakersfield:
Edith S. Harrison - Secretary - CFO
Cherry Hill, Inc.
a California Corporation
Raul M. Rojas, Public Works Director
James Bryan Batey - President
NOTE: All owner(s)/developer(s) signatures must be notarized.
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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 8th day of September , 2004 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1345 passed by the Bakersfield City Council at a meeting held on the
8th day of September 2004 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-50 (JEWETTA, REINA 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.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Depd{y City
OR!GINAL