HomeMy WebLinkAboutROI NO 1332RESOLUTION OF INTENTION NO. 1332
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-47 (JEWETTA, RIO BRAVO
CANAL SE) 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.
POSTED ON
by City Clerk's Office
City of
Bakersfield
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 1-47, (JEWETTA, RIO BRAVO CANAL 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
(e)
the amount of assessment to be levied
attached hereto as Exhibit "E"; and
against each parcel,
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tract No. 6127 Unit 1 & 2, Tract No. 6128 Unit 1 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:
The foregoing recitals are true and correct and are incorporated
herein.
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 1-47, (Jewetta, Rio Bravo Canal SE),
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 1-47, (Jewetta, Rio Bravo Canal SE) 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
NO'ES:
ABSTAIN:
ABSENT:
renu 9 ~ ..nc , by the following vote:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK. and. Ex Officio ~1 rk of the
Council of the C~ty of Bakersfield
APPROVED:
JAN Z 6 200
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
3
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-47 (JEWETTA, RIO BRAVO CANAL SE )
Fiscal Year 2004-2005
Addition of territory, Area 1-47, (Jewetta, Rio Bravo Canal SE) to the
Consolidated Maintenance District is generally described as an area bounded by
Jewetta on the northwest, the east line of Section 36 T29S, R26E. on the east, Cross
Valley Canal on the south and Rio Bravo Canal 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 1-47, (Jewetta, Rio Bravo Canal SE) 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 1-47 (JEWETTA, RIO BRAVO CANAL NE) subject to be assessed to pay the
cost of maintenance and operation in said area.
Dated:
RAU L
Director of Public Works
City of Bakersfield
EXHIBIT "1"
LEGAL DESCRIPTION
Area 1-47
Being a portion of the Southeast quarter of Section 36, Township 29 South, Range 26 East, M.D,B.&M.,
more particularly described as follows:
Beginning at the East quarter comer of said Section 36, thence South 00o18'03'' West, along the East
line of said Section 36, a distance of 8.55 feet, more or less, to the Tree Point of Beginning;
1) Thence continuing along the East line of said Section 36, South 00°18'03" West, a distance of
2220.20 feet, more or less, to a point on the North right-of-way of the Cross Valley Canal;
2)
Thence South 62°01'36" West, along said North right-of-way, a distance of 15.86 feet, more or
less, to the Southeast comer of the property granted to the Kern County Water Agency per Deed
recorded as Document No. 204020356, Official Records of Kern County;
3)
Thence North 27o58'24'' West, along the East line of said property, a distance of 15.00 feet,
more or less, to the Southeast comer of Parcel 2-01 granted to the Rosedale-Rio Bravo Water
Storage District per Deed recorded in Book 5402, Page 1902, Official Records of Kern County;
4) Thence along the East line of said property, continuing North 27o58'24'' West, a distance of
45.00 feet;
5) Thence continuing along said East property line, South 62°01 '36" West,a distance of 105-00
feet;
6) Thence North 27058'24'' West, a distance of 83.50 feet;
7) Thence South 62°01 '36" West, a distance of 5.00 feet to a point on a non-tangent curve, concave
Southwesterly, with a radius of 235.00 feet and a radial bearing of South 62°01 '36" West;
8) Thence Northwesterly along said curve through a central angle of 62°01'27", an arc length of
254.39 feet;
9) Thence North 89°59'51'' West, a distance of 386.36 feet;
10) Thence North 00000'09'' East, a distance of 25.00 feet to a point on a non-tangent curve, concave
Northeasterly, with a radius of 145.00 feet and a radial bearing of North 00o00'09'' East;
11) Thence Northwesterly along said curve through a central angle of 31 °00'10", an arc length of
78.46 feet;
12) Thence North 58°59'41'' West, a distance of 151.43 feet to a point on a tangent curve, concave
Northeasterly, with a radius of 397.00 feet;
13) Thence Northwesterly along said curve through a central angle of 30°18' 14", an arc length of
209.97 feet;
EXItlI~T "A"
PagdOI,~2
14) Thence South 61°18'33" West, a distance of 17.40 feet, more or less, to a point on the Easterly
right-of-way of the Rosedale-Rio Bravo Water Storage District canal;
15) Thence North 28o48' 14" West, along said Easterly right-of-way, a distance of 325.59 feet, more
or less, to a point on the Easterly right-of-way of Jewetta Avenue,
16) Thence North 61°45'22" East, along said Easterly right-of-way, a distance of 311.74 feet to a
point on a tangent curve, concave Northwesterly, with a radius of 2045.00 feet;
17) Thence continuing along said Easterly right-of-way, Northerly along said curve, through a
central angle of 48°25'22", an arc length of 1728.31 feet;
18) Thence departing said right-of-way, South 89°08'04" East, a distance of 7.63 feet, more or less,
to the Tree Point of Begiiming.
Containing 29.75 acres, more or less.
EXHIBI~"A" ~
Page ~ of 2~ '~
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 1-47, JEWETTA, RIO BRAVO CANAL) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
C3 397.00' 209.9T 107.51' 5018'14'
C4 2045.00' 1728.31' 919.55' 48'~5'22'
NOT TO SCA[J[
DAY
JAMES W. FITCH
BY
EXHIBIT~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) = 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.
EXHIBIT "C'''~
Page 1 of
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
1.0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned
5 acres or more.
4/acre
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Multi-Family (Attached)
0.71/unit
Undeveloped R-2, R-3
0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
6/acre
0.71/unit
1.00/unit
Mixed Use
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't
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
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
EDU REMARKS
3.28/acre
Parkside Villa.qe (2-01)
Single Family 1.0
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential 24.26
(Castle & Cooke)
Non Residential 7.56
(Parkside Partners)
Brimhall & Verdu.qo (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
0.86/unit
0.58/unit
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)
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.
S:\PROJECTS\MAINDIST\ExhibitC\ExhC04.doc
EXHIBIT"C"
Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-47
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
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-47
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
AssessoCs Tax No.
Total amount to
be collected for
FY 2004-2005
500-461-01-00-9
500-461-02-00-2
500-461-03-00-5
500-462-01-00-6
500-463-01-00-3
500-463-02-00-6
500-463-03-00-9
500-463-04-00-2
500-463-05-00-5
500-463-06-00-8
500-464-03-00-6
500-464-04-00-9
500-464-05-00-2
500-464-06-00-5
500.464-07-00-8
500-464-08-00-1
500-464-09-00-4
500-464-10-00-6
500-464-11-00-9
500-471-01-00-2
500-471-02-00-5
500-471-03-00-8
500-471-04-00-1
500-471-05-00.4
500-473-05-00-8
500-473-06-00-1
500-473-07-00-4
500-473-08-00-7
500-473-10-00-2
500-491-01-00-8
500-491-02-00-1
500~.91-03-00-4
500~.91-04-00-7
500-491-05-00-0
500-492-01-00-5
500.492-02-00-8
500-492-03-00-1
500-492-04-00-4
500-492-05-00-7
500-493-01-00-2
500-493-02-00-5
500-493-03-00-8
500-511-01-00-3
500-511-02-00-6
500-511-03-00-9
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
;0.00
0.00
;0.00
;0.00
0.00
;0.00
0.00
0.00
0.00
0.00
0.00
0.00
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
EXHIBIT "E"
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 27th day of January , 2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1366,
passed by the Bakersfield City Council at a meeting held on the 26th day of January,
2005 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
1-47 (JEWETTA, RIO BRAVO CANAL SE) 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
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUT~' City, Clerk
S:~DOCUMENT~FORMS~AOP.ORD.wpd
1/31/2005