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HomeMy WebLinkAboutRES NO 092-17RESOLUTION NO. 0 9 2 17 A RESOLUTION ADDING TERRITORY, AREA 1 -118 (2810 MOSASCO 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 4) 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, it is the intention of the City Council of the City of Bakersfield to add Area 1 -118, 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. 1926 declared its intention to add territory to the CMD, 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 -118, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1 -118 (2810 Mosasco 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 6,\ S:\ PROJECTS \MAIN DIST\FIXnlailOa Documents \Areal \MD 1 - 118 \Resestab.docx O Page 1 of 3 ORIGINAL 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 1 -118 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 2017 -2018 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. o`aa ,FAN SAPROJECTS\MAINDISTVormation Documents \Area I \MD 1- 118 \Res estab.docx 2of3 e Pa 9 �o RIGINAL 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 JUL 19 2017 by the following vote: ✓ ✓ ✓ ✓ ✓ AYES: COUCILMEMBER RIVERA . GONZALES, WEIR. R, fk, rREfro . SULLIVAN, EARLIER COUCILMEMBER NlY\v ABSTAIN: COUCILMEMBER ;'n ABSEN: COUCILMEMBER Sm� CHRISTOPHER ERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUL 19 2017 KAREN OH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GEN RO City Attorney By: — JA4111�1�0 ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" o``OAKFq S: \PROJECTS \MAINDIST\FO maLon Documents \Area 1 \MD I- 118 \Ras estab.docx - C Page 3 of 3 ORIGINAL PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1 -118 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2810 Mosasco Street and as 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 /AIL Urban Consumers Consumer �P�riice S: \PROJECTS \MAINDIST \Formation Documents \Area I \MD I- 118 \PW DIRECTOR'S REPORT.docx EXH Ig.I a ORIr,Irdp,1_ Index. However, parcels will not be assessed until park and /or street landscaping have been 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 2017 -2018 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: iEN-,kL NICK FIDLER Public Works Director City of Bakersfield �1fF9 S:\ PROJECTS \MAINDIST \Formation Documents \Argo l \MDI - 118 \PW DIRECTOR'S REPORi.tlocx EXHIB1f'1 M F m U ORIGINAL LEGAL DESCRIPTION Area 1 -118 An area located in Section 19, Township 29, Range 27 M.D.B. & M., more particularly described as follows: SPR 15 -0114 2810 Mosasco Street Bakersfield California Containing: 0.16 Acres, more or less. EXHIBITA ORIGINAL N O WT i0 SCALE MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1 -118) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA O� EXHIBIT "B" 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 Ter" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riversicl -0gnge 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 (EDUI: The number of Equivalent Dwelling Units (EDU's as defined below) far 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 Treq: The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. .$ fR• Ti7Tfi7l•TI$5f71i791111i7f6iTSd arui;FiT 7 miin1797Ni7P21t1g7 Note. Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their cunent 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, 2005 the 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: 1. 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 o 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 final 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 nghbof -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 pad 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: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: ]I 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: I� R -1 4 R -2 17.42 max. R -3 34.85 max. R -4 72.6 max. E 4.36 R 1.82 R -S -IA I R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use:6 EDU per gross acre Agricultural: I EDU per gross acre oF0AKF9 T in p EXHIBIT ;RIGINA MAINTENANCE DISTRICT AREA 1 -118 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deticit) ** $0.00 Less: City Contributions NET AMOUNT TO BE ASSESSED .' Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 �0A$Fq� EXHIBIT m �oRlr,�r,nL Assessors Tax No. 450 -052 -62 Total MAINTENANCE DISTRICT AREA 1 -118 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -20181 ;rrr r rr City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield e�FF9 EXHIBIT# T m 0ql lrJAL lSaLll�' �1LL']! Christopher R. Cummins 8 Calthee M. CumMca P.O. Box 21588 Bakersfield, Ca 83398 City of Bakersfield - Public Works Departrrmt Aft M P: -8kav DRA(IEL Pf bl" iN 1800 Trwdtm Avenue Bakersfield, CaHotnia 93301 Dow h* iOhs - Mit. PAD(cc.A RE: Indusion of (docas are cfoo tuwwW Waive Me SPR 15.0114 M a CormWklabd Malnbnance District (CMD) We, the mMerslprmd, as owners of the properly Mcluded wtiMn (oboes era of use f1 Tract Map • Parcel Map • Parcel Map WaMr • No. SPR 154114 hereby request OW the property be hrduded within the CMD. This request is in accordance with th MQUIP hems of SakemBaM kMuddpel Code Seothn 13.04.031. Enclosed is a dads for $ $71.94 as required by the City lo cover the Cash of this Inclusion No the CMD. If requested, our snower will supply you with a computer disk copy of the asp for your Ise. We mndamtand tint under Propoeitbn 218 and OovWMOM Code section 53753 rappic" Irmo, a City Comnd hearkg will be held for purposes of bwkm%g the above property wiMn the CMD and ddem*ft the amomd of asaesemmb. We hereby wive our rid to have a hearkg wltlhm the firm pawralers set kft In ft applicable law. We further understand OW the fmarig Is scheduled far. 20 at 5:15 in the Cound Chambers located at 1501 Tnodun Ave., Bakersfibld, CA 83301. We hereby waive our ripM to further notice of that hearbg. Respectfully, /dam Ca9hes M. Cumn1b" Christopher R. Cumndca Owmes �g��dF9 MD 1 -118 EXHIBIT F m r; ORI('1tinL