HomeMy WebLinkAboutRES NO 231-07
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RESOLUTION NO. 2 3 .1. - 0 7
A RESOLUTION ADDING TERRITORY, AREA 1-77 (7TH
STANDARD, JEWETTA SW), TO THE CONSOLIDATED
MAINTENANCE DISTRICT AND CONFIRMING THE
ASSESSMENTS, APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT AND AUTHORIZING
COLLECTION OF ASSESSMENTS BY THE KERN
COUNTY TAX COLLECTOR. (WARD 4).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1562, adopted October 10, 2007, declared its
intention to add territory, Area 1-77 (7th Standard, Jewetta SW), to the Consolidated
Maintenance District, preliminarily confirmed and approved the Public Works Director's
Report, the boundaries of the proposed additional territory, the fairness of the benefit
formula and the amount of assessment to be levied against each parcel. Said
additional territory shall be designated Area 1-77 (7th Standard, Jewetta SW), as shown
and designated on that certain map entitled "Map and Assessment Diagram for Addition
of Territory, Area 1-77 (7th Standard, Jewetta SW), to the Consolidated Maintenance
District, Bakersfield, California," for Fiscal Year 2007-2008 on file in the offices of the
City Clerk and Public Works Director, City of Bakersfield; and
WHEREAS, the Public Works Director duly filed with the City Clerk his
Report, including a budget, assessment formula, improvements to be maintained by the
district, description of property and proposed assessments; and
WHEREAS, the City of Bakersfield has received a letter from the property
owner within the additional territory, Area 1-77 (7th Standard, Jewetta SW), 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. The owner also has submitted a
Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the
assessment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
reference.
1. The foregoing recitals are true and correct and incorporated herein by
2. The Council hereby adds territory, Area 1-77 (7th Standard, Jewetta
SW), to the Consolidated Maintenance District and confirms and adopts the Public
Works Director's Report (attached hereto as Exhibit 1 and incorporated herein by
reference), including the amounts of assessment for each assessed parcel, as set forth
in the Public Works Director's Report.
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3. Exhibits "A" and "B" describe the additional territory, Area 1-77 (7th
Standard, Jewetta SW).
4. All parcels within this additional territory shall be assessed an amount
not to exceed the amount 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. However, parcels will not be assessed until street landscape
improvements have been installed. When street landscape improvements have been
completed, the appropriate street tiers 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 benefit formula (Exhibit "C"), budget
(Exhibit "D") and assessment roll (Exhibit "E") are attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 2007-2008 fiscal year and each fiscal year thereafter,
the Public Works Director is hereby directed to prepare an Annual Report, as provided
in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within
the time allowed for placement of assessments on the County tax rolls for the applicable
fiscal year. Upon filing of the Annual Report, the Clerk shall set a hearing before the
City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of
said Code.
7. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements by City forces or by private
contractor. Such determination and election is to be made for each year at the time the
budget and assessment is approved for the year in question.
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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 4 2007 , by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER Itt r:T"Y\...I2-
COUNCILMEMBER ~
COUNCILMEMBER 1:-f-o.M-~
CITY CLERK and Ex Officio C rk of the
Council of the City of Bakersfield
APPROVED:
OCT 2 4 2007
HARVEY .HA
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~ JJt- ~
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD1-77Est05.doc
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-77 (7TH STANDARD, JEWETTA SW)
Fiscal Year 2007-2008
Addition of territory, Area 1-77 (7th Standard, Jewetta SW) to the
Consolidated Maintenance District is generally described as an area bounded by 7th
Standard Road on the north, Jewetta Avenue on the east, and the Calloway Canal on
the south and 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 1-77 (7th Standard, Jewetta 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 appropriate street tiers in the
Consolidated Maintenance District so that each parcel will be assessed the same
amount as other parcels receiving a similar benefit.
EXHIBIT "1"
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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 liD" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 1-77 (7th Standard, Jewetta SW), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
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RAU L M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 1-77
Being a portion of the East half of Section I, Township 29 South, Range 26 East, M.D.B.&M., more
particularly described as follows:
Beginning at the Northeast comer of said Section 1, said point being the centerline intersection of ih
Standard Road and J ewetta Avenue, said point also being the True Point of Beginning;
- 1) Thence along the East line of said Section 1, and centerline of J ewetta Avenue, South 00039' 17"
West, a distance of 2641.69 feet, more or less, to the East quarter comer of said Section 1;
2) Thence continuing along said East line and centerline, South 00039'30" West, a distance of
1961.28 feet, more or less, to a point on the Northeasterly right-of-way of the Calloway Canal;
3) Thence along said Northeasterly right-of-way, North 42002'40" West, a distance of 307.54 feet;
4) Thence continuing along said Northeasterly right-of-way, North.65035'56" West, a distance of
143.10 feet;
5) Thence North 89020'36" West, a distance of 172.40 feet;
6) Thence North 41034'03" West, a distance of245.99 feet;
7) Thence North 35053'03" West, a distance of51.70 feet;
8) Thence North 23000'03" West, a distance of 46.54 feet;
9) Thence North 15050'03" West, a distance of 47.47 feet;
10) Thence North 01032'32" West, a distance of78.45 feet;
11) Thence North 03009'58" East, a distance of 89.84 feet;
12) Thence North 11 014'58" East, a distance of 604.68 feet;
13) Thence North 14012'58" East, a distance of 500.63 feet;
14) Thence North 17034'58" East, a distance of288.27 feet;
15) Thence North 25030'58" East, a distance of205.18 feet;
16) Thence North 25030'58" East, a distance of 54.97 feet;
17) Thence North 22004'58" East, a distance of 87.31 feet;
18) Thence North 14049'58" East, a distance of 87.69 feet;
19) Thence North 02030'28" East, a distance of 90.07 feet;
20) Thence North 13041 '31" West, a distance of 96.24 feet;
21) Thence North 27036'31" West, a distance of 154.42 feet;
22) Thence North 44010'01" West, a distance of 108.07 feet;
23) Thence North 49034'01" West, a distance of 192.95 feet;
EXHIBIT "A~'
Page 1 0\,2 .,,~
24) Thence North 40026'31" West, a distance of80.74 feet;
25) Thence North 29047'01" West, a distance of 63.44 feet;
26) Thence North 19001 '01" West, a distance of 51.56 feet;
27) Thence North 05026'01" West, a distance of 170.94 feet;
28) Thence North 02019'59" East, a distance of 539.86 feet;
29) Thence North 09051 '00" East, a distance of69.60 feet;
30) Thence North 17033 '00" East, a distance of 272.33 feet;
31) Thence North 11 054'30" East, a distance of91.19 feet;
32) Thence North 01040'30" East, a distance of 89.69 feet;
33) Thence continuing along said Northeasterly right-of-way, North 01040'30" West, a distance of
180.03 feet, more or less, to a point on the North line of said Section 1, said point also being on
the centerline of 7th Standard Road;
34) Thence along said North line and centerline, South 89013'45" East, a distance of585.19 feet,
more or less, to the True Point of Beginning.
Containing 57.85 acres, more or less.
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EXHIBIT "~"
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MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 1-77, 7th STANDARD, JEWEIT A SW) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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HE Cal. SEe. 1 29/26
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NOT TO SCAlE
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E 1/4 Cal. SEe. 1
UHE TAIlI.E
NUMBER DIRECTION DISTANCE
L1 5 89'13'45' E 585.19
L2 5 00'39'17' W 2641.69
LJ 5 00'39'30' W 1961.28
... L4 H 4T02' 40' W 307.54
=> L5 N 65'35'56' W 143.10
~ L6 N 89'20'36' W 172.40
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tIlL ~ L7 N 41'34'03" W 245.99
L6 N 35'53'OJ' W 51.70
i "I L9 N 23'00'03" W 46.54
I .... L10 N 15'SO'03' W 47.47
L11 N 01'32'32" W 78.45
L12 N OJ'09'58' E 89.84
W_AKI: L13 N 11'14'58' E 604.68
l AI(ME L14 N 14'12'58" E 500.63
UN 1 L15 N 1734'58' E 288.27
i !:]... L16 N 25'30'58' E 205.18
=> L17 N 25'30'58' E 54.97
is IDlINfl'lllO PlACE ~ L18 H 2T04'58" E 87.31
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, ~ L19 N 14'49'58' E 87.69
I ~ ~ ~ L20 N OT3O'28' E 90.07
"I L21 N 13'41'31' W 98.24
I .... L22 N 2736'31' W 154.42
I
I L23 N 44'10'01" W 108.07
I >- L24 N 49'34'01' W 192.95
~
I c L25 H 40'26'31' W BO.74
I ~ L26 H 29'47'01" W 63.44
III N 19'01'01' W 51.56
I ..... L27
I u L28 H 05'26'01' W 170.94
I ~ L29 N OT19'59' E 539.86
I is LJO N 09'51'00' E 69.60
....
I LJl N 1733'00" E 272.33
\ LJ2 H 11'54'30" E 91.19
I LJJ N 01'40'30' E 89.69
LJ4 N 01'40'30' W 180.OJ
FIlED IN 1HE ornCE OF THE alY a..ERK nus _ DAY
OF 2lL..
FIlED FOR RECORD 1IIS _ DAY OF
2lL.. AT _ ~Iot" IN BOOK _ Of' ASSESSIIENT
DlSlRlC11l AT PAGE _ IN THE ornCE Of' THE COUNlY
RECORDER Of' THE COUNlY OF KERN, STAlE OF CAUFORNIA.
alY a..ERK OF THE aTY OF
BAKERSFIELD, CAUF'ORNIA
JAIIES W FITCH
COUNlY ASSESSOlHIECClRllER
AN ASSESSIIENT WAS LE\1ED BY THE aTY COUNCI. ON THE LOTS,
PIECES AND PARCELS OF LAND SHD\W<l ON THIS ASSESSIIENT DIAGRAM,
SAID ASSESSIIENT WAS LE\1ED ON THE _ DAY OF
2lL.; SAID ASSESSIotENT DIAGRAM AND
THE ASSESSMENT RaJ. \\ERE RECORDED IN 1HE ornCE Of' THE
DEPARNENT OF PUII.JC WORKS OF SAID alY ON THE _ DAY
OF 2lL.. REFERENCE IS MADE TO THE
ASSESSIIENT ROU. RECORDED IN THE ornCE OF THE DEPAR1IotENT Of'
PUII.JC WllRKS FOR THE EXACT AMOUNT OF EACH ASSESSIIENT LE\1ED
AGAINST EACH PARCEl. OF lAND SHD\W<l ON THIS ASSESSIIENT DIAGRAM.
BY
0l1EF DEPUTY RECORDER
RECORDED IN THE OFfICE Of' THE DEPAR1IotENT OF PUBUC WlDRKS
THIS _ DAY Of' 2lL..
DIRECTOR OF PUII.JC WllRKS
BAICERSf1nJl, CAUf'ClRNIA
aTY a..ERK OF 1HE aTY OF
BAKERSFlELD, CAUFORNlA
EXHIBIT wew
(-)
FIlE: MD1-77 SHEET -.LI.~.
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
Note: 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
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EQUIVALENT DWELLING UNIT lEDU) 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
EOU
1.0
1.0
REMARKS
Agricultural Zone
Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
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"
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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 Villaoe (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
(Parks ide Partners)
Brimhall & Verduoo (1-09)
Seven Oaks. North (2-11) & South (2-20)
7.56
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale. California NE (1-18)
Stockdale. Villaoe 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"
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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. Callowav (1-15)
Coffee. Gosford (2-15)
Stockdale, Buena Vista SW (2-22)
S:\B30\211-00\docs\ExhC_06.doc
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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" <( 'C,:\\.:.~\
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EXHIBIT "Oil
MAINTENANCE DISTRICT AREA 1-77
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 ASSESSEe
$0.00
EXHIBIT "~
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-77
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Assessor's Tax No.
Total amount to
be collected for
FY 2007-2008
530-01 0-1 0-00-6
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E",_
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