HomeMy WebLinkAboutROI NO 1548
RESOLUTION OF INTENTION NO. 1548
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-72 (7TH STANDARD, JEWETTA
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.
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 1-72 (7th Standard, Jewetta SE), 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
attached hereto as Exhibit "E"; and
1
parcel,
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ORIGINAL
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tentative Tract No. 6766 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 1-72 (7th Standard, Jewetta 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 1-72 (7th Standard, Jewetta 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 as established in Resolution No.
019-05 per equivalent dwelling unit per year. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los Angeles-Riverside-
Orange County/All Urban Consumers Consumer Price Index.
-000-
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
AUG 1 5 2001 , by the following vote:
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NOES:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~~
APPROVED:
~UG 1 5 2001
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ~~ ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD1-72ri05.doc
3
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-72 (7TH STANDARD, JEWETT A SE)
Fiscal Year 2007-2008
Addition of territory, Area 1-72 (7th Standard, Jewetta SE) to the
Consolidated Maintenance District is generally described as an area bounded by 7th
Standard Road on the north, the Friant-Kern Canal on the east, a line approximately
2,640 feet south of ih Standard Road on the south and Jewetta 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; 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 streets 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 1-72 (7th Standard, Jewetta 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 appropriate street tiers in the
Consolidated Maintenance District so that each parcel will be assessed the same
EXHIBIT "1"
amount as other parcels receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed
that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is
defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may
increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All
Urban Consumers Consumer Price Index. 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 the amount established in Resolution No. 019-05 as escalated
per the above described Consumer Price Index.
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 2007-2008 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 1-72 (7th Standard, Jewetta SE), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated: eEl I /efJ-
I
RAU~
Director of Public Works
City of Bakersfield
EXHIBIT "1"
2
LEGAL DESCRIPTION
Area 1-72
Being a portion of the Northwest quarter of Section 6, Township 29 South, Range 27 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the Northwest comer of said Section 6, said point being the centerline intersection of th
Standard Road and Jewetta Avenue, said point also being the True Point of Beginning;
1) Thence along the North line of said Section 6 and centerline of 7th Standard Road, South
89013'14" East, a distance of 1382.75 feet, more or less, to a point on the West right-of-way of
the Friant-Kem Canal;
2) Thence along said West right-of-way, South 17009'46" West, a distance of88.60 feet;
3) Thence continuing along said West right-of-way, South 01021 '46" West, a distance of248.50
feet;
4) Thence continuing along said West right-of-way, South 00040'14" East, a distance of 400.30
feet;
5) Thence continuing along said West right-of-way, South 03016'00" West, a distance of650.30
feet;
6) Thence continuing along said West right-of-way, South 01016'00" West, a distance of 1243.30
feet, more or less, to a point on the East-West center section line of said Section 6;
7) Thence along said center section line, North 89050'45" West, a distance of 1320.90 feet, more or
less, to the West quarter comer of said Section 6, said point being on the centerline of Jewetta
Avenue;
8) Thence along the West line of said Section 6 and centerline of J ewetta Avenue, North 00039' 17"
East, a distance of2641.03 feet, more or less, to the True Point of Beginning.
Containing 81.12 acres, more or less.
EXHIBIT "A"
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRrrORY
(AREA 1-72, 7th STANDARD, JEWETTA BE) TO THE
CONSOUDA TED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCAlE
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ImRlCT IIOUNlARY
FLED IN THE ornCE OF THE CITY a.ER1C THIS _ DAY
OF 2lL.
flLED FOR RECORD THIS _ DAY OF
2lL. AT _ ~M., IN BDDIC _ OF ASSESSlIENT
DlSllllCTS AT PAGE _ IN THE ornCE OF THE COUNTY
RECORDER OF THE COUNTY OF KERN, STAlE OF CAl.lfORNIA.
CITY a.ER1C OF THE CITY OF
BAlCERSFIEI.D, CAUf'DRNIA
JAMES W FITCH
COUNTY ASSESSOR-RECORDER
AN ASSESSlIENT WAS LE\1ED BY THE CITY COUNCIl. ON THE LDTS,
PECES AND PARCElS OF LAND SHD\Wl ON THIS ASSESSlIENT DIAGRAM.
SAID ASSESSlIENT WAS LE\1ED ON THE _ DAY OF
20.....: SAID ASSESSlIENT DIAGRAM AND
THE ASSESSlIENT RDLL WERE RECORDED IN THE DfFICE OF THE
DEPARlJjENT OF PUBUC WORKS OF SAID CITY ON THE _ DAY
OF 2lL. REFERENCE IS MADE TO THE
ASSESSlIENT RDLL RECORDED IN THE ornCE OF THE DEPARlJjENT OF
PUBUC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSlIENT LE\1ED
AGAINST EACH PARCEL OF LAND SHD\Wl ON THIS ASSESSlIENT DIAGRAM.
BY
CHIEF DEPUTY RECORDER
RECORDED IN THE ornCE OF THE DEPARlIIIENT OF PUBUC WIlRKS
THIS _ DAY OF 2lL.
DIRECTOR OF PUBUC WIlRKS
BAICERSF1E1.D, CAUFORNlA
CITY a.ER1C OF THE CITY OF
BAlCERSF1E1.D, CAUFDRNIA
EXHIBfT -B-
AlL: UD1-72 SHEET 1 of 1
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): The number of Equivalent Dwelling Units (EDU's as defined
on page 2 of this exhibit) for the parcel, and;
Multiplied by (t): The factor for the tier level, which equals the street tier
number, and;
Divided by (b): 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): The factor for the tier level, which equals the park tier number,
and;
Divided by (b): The total number of park EDU's in the district.
(2) = P x a x t
b
H2!!:. Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
January 12, 2005 have been frozen at the 1996-1997 level. Areas formed after January 12, 2005 will be
assessed an amount not to exceed $146.70 for 2005-2006. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All
Urban Consumers Consumer Price Index.
EXHIBIT "C"
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:
yg
EQY
1.0
REMARKS
Agricultural Zone
Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0
Per parcel
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 "C"
Page 2 of 4
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.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parkside Villaae (2-01)
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 & Verduao (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. Villaae Lane (1-20)
Non Residential
1.0
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" (4-29)
Stockdale. Callowav (1-15)
Coffee. Gosford (2-15)
Stockdale. Buena Vista SW (2-22)
S:\B30\211-00\docs\ExhC_06.doc
gQy
REMARKS
3
Per parcel
0.71/unit
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Area for each parcel is based
6/acre
50% on lot area and 50% on
building area.
Park maintenance fee to be
paid per Agreement 96-81 (1).
Park maintenance fee to be
paid per Ordinance No. 3957.
EXHIBIT "C"
Page 4 of 4
EXHIBIT liD"
MAINTENANCE DISTRICT AREA 1-72
Said assessment is made in accordance with the benefit formula attached hereto.
2007-2008
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
$0.00
Estimated Beginning Fund Balance(Deficit)
$0.00
$0.00
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
EXHIBIT "Oil
EXHIBIT liE"
MAINTENANCE DISTRICT AREA 1-72
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Assessor's Tax No.
Total amount to
be collected for
FY 2007-2008
492-060-11-00-7
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
f
EXHIBIT "E"
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
Tentative Tract No. 6766. All lots,
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200_, by
Michel and Margaret Ann Etcheverry Familv Limited Partnership. (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 $120.96
per equivalent dwelling unit, based on fiscal year 2004-2005 dollars and labor costs of the district. In each
subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-
Orange County/All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-
05.)
This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This
covenant shall run with the land.
Dated this
day of
,200_.
Owner(s)/Developer( s):
Michel and Margaret Ann Etcheverry Family
Limited Partnershio
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
MDI-72_T6766.doc
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 16th day of AUQust, 2007 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1548, passed by
the Bakersfield City Council at a meeting held on the 15th day of AUQust. 2007 and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-72 (7TH STANDARD, JEWETTA
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
BY:~~U
DEPU Cit lerk -
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ORIGINAL