HomeMy WebLinkAboutRES NO 152-16RESOLUTION NO. 15 2 - 16
A RESOLUTION ADDING TERRITORY, AREA 5 -84 (2921
MADISON STREET) TO THE CONSOLIDATED MAINTENANCE
DISTRICT; 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 THE ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL. (WARD 1)
WHEREAS, the Public Works Director has filed with the City Clerk the Public
Works Director's Report, including a budget, assessment formula, improvements to be
maintained by the district, description of property and proposed assessments; and
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a 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 lots or parcels of property within the established
Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ( "special benefit ") above and beyond the basic cost of
maintenance of a public park and public street landscaping throughout the City
( "general benefit "); and
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new area reflects that portion of the cost of maintenance of
public street landscaping and /or a public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
Within the City that are not part of the CMD. Each parcel within this area will be assessed
its proportionate share of special benefit based on its zoning and size.
WHEREAS, if is the intention of the City Council of the City of Bakersfield to
add Area 5 -84, generally described in Exhibit "A" attached hereto, to the CMD, in order
to maintain local improvements including street landscaping and /or a public park; and
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1898 declared its intention to add territory to the
CMD, preliminarily confirmed and approved the Public Works Directors 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 5 -84, as shown and designated on that certain map entitled "Map
and Assessment Diagram for Addition of Territory, Area 5 -84 (2921 Madison Street), to the
Consolidated Maintenance District, Bakersfield, California," for this fiscal year on file in
the offices of the City Clerk and Public Works Director, City of Bakersfield; and
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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 Council hereby adds territory, Area 5 -84 to the CMD and confirms
and adopts the Public Works Director's Report, including the amounts of
assessment for each assessed parcel.
3. Exhibits "A" and "B" describe the additional territory.
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 park and /or street
landscape improvements have been installed. When park and /or street
landscape improvements have been completed, the appropriate park
and 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 "), assessment roll (Exhibit "E "), and letter from the
property owner(s) requesting inclusion in the CMD (Exhibit "F ") are
attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 2016 -2017 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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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
SEP 0 7 2016 , by the following vote:
AVES: COUCILMEMBER RIVERA, MAXWELL. WEIR. SMITH, HANSON, SULLIVAN, PARLIER
COUCILMEMBER fV ONL
ABSTAIN: COUCILMEMBER &d
ABSENT: COUCILMEMBER OfA-1
) M"r yg.�—
R BERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: SEP 0 7 2016
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorne
By:
ANDR HEGLUND
Deputy City Attorney
Attachments:
Exhibit "1" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C"
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ORIGINAL
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5 -84
Fiscal Year 2016 -2017
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 2921 Madison Street and 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 a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; 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, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same 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 park and /or street landscaping have been
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installed. When park and /or street landscape improvements have been completed, the
appropriate park and street tier levels 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.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and 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, NICK FIDLER, 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 2016 -2017 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 subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated: L2-)' o.
NICK FIDLER
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 5-84
An area located in Section 8, Township 30, Range 28 M.D.B. & M., more
particularly described as follows:
CUP 16 -65
2921 Madison Street Bakersfield California
Containing: 6 Acres, more or less.
EXHIBIT AeAK,9q
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ORIGINAL.
NOT TO SOME
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5 -84) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
EXHIBIT 'B" of
ORIGINAL
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A
'Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts
shall be increased annually by the cost of fining increase reflected in the Los Angeles- Riversidfi rmnge County / All Urban Consumers
Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are
established by the Recreation and Parks Department through separate policy.
Multiplied by )ED1j The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel.
Multiplied by (Tier): the factor for the tier level, which equals the street or tier number. this tier is assigned by the
Recreation and Parks Department for the entire area of the Consolidated Maintenance District.
County Fee[rer): The County of Kem Assessors Office charges a fee foreach parcel added to their tax roll.
Total A..,.M $= UP ark Rafe x Park Verl x EDUI) + ffSl et Rafe z Sfreef Derl x EDUI • fCOuni Feel
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at
their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.
On January 12, 20051he city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after
Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:
I. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map
Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from
requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general
plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city."
2. Bakersfield Municipal Code 13.04.022 (A):
"No fiml map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance
district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a
condition of approval of the development project for the area covered by the final map or parcel map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a
Conditional Use Permit.
Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU 's may also be adjusted given special conditions or
agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by
their actual units on their site as per their plans, map, or current use.
Single Family Residential Parcels: I EDU per Parcel
Mobile Home Parks: I EDU per Space / Lot
Multifamily Residential Parcels: Jl EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Undeveloped ground in Its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of
Bakersfield Planning Dept. Those densities are:
F -
R -1
4
R -2
17.42 1 max.
R -3
34.85 max.
R -4
72.6 max.
E
4.36
R -5
1.82
R -S -IA
1
R- S -2.5A
0.4
R -S -5A
0.2
R -S -10A
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: I EDU per gross acre
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EXHI@jT C o
ORIGINAL
MAINTENANCE DISTRICT AREA 5 -84
Said assessment is made in accordance with the benefit formula attached hereto.
2016 -2017
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
NET AMOUNT TO BE ASSESSED
•- Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
EXHIBITo,,RAKe
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Assessor's Tax No.
170 - 150-16 -001
Total
Date:
MAINTENANCE DISTRICT AREA 5 -84
ASSESSMENT ROLL
FISCAL YEAR 2016 -2017
Total amount to
be collected for
FY (2016 -2017)
$0.00
M
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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Immodo California 2 LLC May 24, 2016
Mo ImMODO Energy Services Corporation
83 E Shaw Ave, S/200
Fresno, CA 93710
City of Bakersfield - Public Works Department
Attn: Mm. Marian P. Shaw
1600 Tru>dun Ave
Bakerefield, CA 93301
RE: Incitation of Bakersfield Board of Zoning Adjustment Cordiflonal Use
Permit Resolution 18-65 in a Consolidated Maintenance Dlstrid (CMD)
APN: 170- 1ti0.164M -1
Address: 2921 Madison Street
iCLSiyTIV.?S
We, the undersigned, as owners of the property included witlrn Bakersfield Board of
Zoning Adjustment Conditional Use Permit Resolution 16.65, hereby request that the
property be - included within the CMD. This request is in accordance with the
requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check
for $850.00 as required by the City to cover the coats of this inclusion into the CMD.
If requested, our engineer will supply you with a computer disk copy of the map for
your use.
We understand that under Proposition 218 and Government Code section 53753
( "applicable law"), a City Council hearing will be held for purposes of including the
above properly within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is scheduled for
2016 at 5:15 in the Council Chambers located at 1501 Tnndun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
el nntng
Vice President
Immodo California 2 LLC
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MD 5 -84 EXHIBIT
ORIGINAL