HomeMy WebLinkAboutRES NO 230-07
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RESOLUTION NO. 2 3 0 - 0 7
A RESOLUTION ADDING TERRITORY, AREA 1.76
(JEWETTA, ETCHART SE), 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 I ntention No. 1561, adopted October 10, 2007, declared its
intention to add territory, Area 1-76 (Jewetta, Etchart SE), 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 1-76 (Jewetta, Etchart SE), as shown and
designated on that certain map entitled "Map and Assessment Diagram for Addition of
Territory, Area 1-76 (Jewetta, Etchart SE), 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 1-76 (Jewetta, Etchart SE), 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:
1. The foregoing recitals are true and correct and incorporated herein by
reference.
2. The Council hereby adds territory, Area 1-76 (Jewetta, Etchart SE), 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 1-76
(Jewetta, Etchart SE).
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 1007 , by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COOCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER /.A..(j'I\.JL
COUNCILMEMBER I'\..CT1V2-
COUNCILMEMBER ~~
CITY CLERK and Ex Officio
Council of the City of Bakersfi
APPROVED:
OCT 2 _ 4 ,2007
HARVEY L. ALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: /iI)ed; 171/. dA~ft
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD1-76Esto5.doc
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-76 (JEWETTA, ETCHART SE)
Fiscal Year 2007-2008
Addition of territory, Area 1-76 (Jewetta, Etchart SE) to the Consolidated
Maintenance District is generally described as an area bounded by Etchart Road on the
north, the Friant-Kern Canal on the east, a line approximately 1,300 feet south of
Etchart 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 1-76 (Jewetta, Etchart 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
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 "D" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 1-76 (Jewetta, Etchart SE), subject to be assessed to pay the cost of maintenance
and operation in said area.
Dated:
/O//tCP/6)-
RAUL~~AS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 1-76
Being a portion of the Southwest quarter of Section 6, Township 29 South, Range 27 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the West quarter corner of said Section 6, said point being the centerline intersection of
Etchart Road and J ewetta Avenue, said point also being the True Point of Beginning;
1) Thence along the East- West center section line of said Section 6, South 89051' 15" East, a
distance of 1328.32 feet;
2) Thence departing said center section line, South 00043'32" West, a distance of923.77 feet;
3) Thence South 01008'45" West, a distance of394.00 feet;
4) Thence North 89059'49" West, a distance of 1170.30 feet, more or less, to a point on the West
line of said Section 6, said point also being on the centerline of Jewetta Avenue;
5) Thence along the West line of said Section 6 and centerline of Jewetta Avenue, North 00039'30"
West, a distance of 1320.64 feet more or less, to the True Point of Beginning.
Containing 38.79 acres, more or less.
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EXHIBIT "i"
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 1-76, JEWETT A, ETCHART SE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE
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T29S, R27E, T.P.O.B. r DISTRICT BOUNDARY
N89'51'15"W 1328.32'
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51'27"E
61'
S89'59'49"E 1170.30'
F1LED IN THE Of'FlCE OF THE CTY CLERK THIS _ DAY
OF 20~
AN ASSESSIiIENT WAS LEVlm BY THE CTY COUNCl. ON THE LOlS,
PIECES AND PARCElS OF LAND SHOWN ON THIS ASSESSllENT DlAGRAlI.
SAlO ASSESSIiIENT WAS LEVlm ON THE _ DAY OF
20-, SAID ASSESSllENT DlAGRAlI AND
THE ASSESSllENT ROll. ERE RECORDED IN THE Of'FlCE OF THE
DEPARTlotENT OF PUBUC WlJRKS OF SAID CTY ON THE _ DAY
OF 2lL.. REFERENCE IS MADE 10 THE
ASSESSIiIENT ROll. RECORDED IN THE Of'FlCE OF THE DEPARTlotENT OF
PUBUC WlJRKS f'CR THE EXACT AMOUNT OF EAai ASSESSIIENT LE\1m
AGAINST EAa-I PARCEl. OF LAND SHOWN ON THIS ASSESSIIENT DIAGRAM.
FILED f'CR RECORD THIS _ DAY OF
20....... AT _ ~M.. IN BOOK _ OF ASSESSIIENT
DISTRICTS AT PAGE _ IN THE Of'FlCE OF THE COUNTY
RECORDER OF THE COUNTY OF KERN. STAlE OF CAIJFORNIA.
CTY CLERK OF THE CITY OF
BAKERSFIElD, CAUFORNIA
JAMES W FITCH
COUNTY ASSESSOR-RECORDER
BY
a-IIEF DEPUTY RECORDER
RECORDED IN THE DfFlCE OF THE DEPARTIotENT OF PUBUC WCRKS
THIS _ DAY OF 20_
DlRECltlR OF PUBUC WCRKS
BAKERSflElD. CAUFllRNlA
CTY CLERK OF THE CTY OF
BAKERSFIELD. CAUf'CRNlA
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EXHIBrT !i.
ALE: MOl-76 SHEE,:t1.~~ ,'.-.,
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
~ 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
EDU
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)
Undeveloped R-2, R-3
0.71/unit
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)
O,71/unit
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per the
above.
EXHIBIT "C" ')
Page 2 of 4 f~
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
(Parkside 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
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EXHIBIT "C" (~ '
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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
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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 I
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EXHIBIT "0"
MAINTENANCE DISTRICT AREA 1-76
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)
Estimated Beginning Fund Balance(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$0,00
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EXHIBIT "D~
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-76
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Assessor's Tax No.
Total amount to
be collected for
FY 2007-2008
492-090-01-00-7
492-090-24-00-4
$0.00
$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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