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HomeMy WebLinkAboutRES NO 098-18RESOLUTION NO. n 9 s" 1 s A RESOLUTION ADDING TERRITORY, AREA 4.183 (1114 KING 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 2) 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 4-183, 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. 1974 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 4-183, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-183 (1114 King 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 S:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-183\RES EST.doCx O� gA KF9� Page I of 3 �. U C ORIGINAL. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 4-183 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 2018-2019 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. S:\PROJECTS\MAINDIST\Formation DocumentsWea 4\MD 4-183\RES EST.docx Page 2 of 3 o�0AKc9r (aRIG,INAL 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 if 11 i A MIA , by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ AYES: COUCILMEMBER AR`V F,R(�. GON2ALESI WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER fa0 ABSENT: COUCILMEMBER �rinkn,t .Od CH ISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUL '18 2010 KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ': RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-183\RES EST.d.cx Page 3 of 3 o�gAKr9N � T � m � O (1CIIOINnI PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-183 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1114 King 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 has 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 HKc9 5\PROIEM\MAINDIST\FbImA.on Docume%t MaAMD4183\PW DIRECTOR'S REPORTAtl x EXHIB*1 T 'V p ORIGINAL 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 2018-2019 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: 6-27 /f- ,RNICK FIDLER c Director of Public Works City of Bakersfield o``0AKF9� S\PROIECTS\MAINDISTVormation Documents\Area 4\MD4-183\PW DIRECTOR'S REPORT docx EXHLBIT1 m U 6 ORIO NAL LEGAL DESCRIPTION Area 4-183 An area located in Section 29, Township 29, Range 28 M.D.B. & M., more particularly described as follows: Parcel Merger 17-0359 1114 King Street Bakersfield California Containing: 0.09 Acres, more or less. EXHIBIT AOAKsc T m o nnl( INAI. MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-183) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA IOi i0 SCALE EXHIBIT "B- �..", -Q, CONSOLIDATED MAINTENANCE DISTRICT CRY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consul di 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 "Camel doted 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 living increase reflected in the Los Augeles�iverslde-0range County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Sheet Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by IEDUI: The number of Equivalent Dwelling Units (EDU s as defined below) for the parcel. Multiplied by (Ter): 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 FeelTieQ: The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment $= x P rk Til x ED x Street Ill x ED Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 hove 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, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed offer 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 CIN 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 formatton of a maintenance district, or joining a maintenance tliifrict, 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 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 night -of-way and of any public park required as a condition of approval of the development project for the area covered by the final mop 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: 1 EDU per Parcel Mobile Home Parks: I EDU per Space / Lot Multifamily Residential Parcels: 71 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: R-1 4 R-2 17.42 max. R-3 54.85 max. R-4 72.6 max. E 4.36 R -S 1.82 RIA I R -S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use:6 EDU pergross acre Agricultural: I EDU per gross acre o``eAKF9N � m m � O 4FRIOINAL EXHIBIT C MAINTENANCE DISTRICT AREA 4-183 Said assessment is made in accordance with the benefit formula attached hereto. 2018-2019 BUDGET Gross Budget Amount Required $0.00 City Staff Services or Contract, Supplies, Materials and Utilities Estimated Beginning Fund Balonce(DeBcit) •' $0.00 Less: City Contributions NET AMOUNT TO BE ASSESSED " Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 gAKF EXHIBIT m 091OINAL Assessors Tax No. 014-130-13-00-7 Total MAINTENANCE DISTRICT AREA 4-183 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Total amount to be collected for FY X2018-2019 ER06 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT�EAKF9N T r m U G On131MN 1111 �11'12F ,1112, (\(:. City of Bakerifieid - Endo Works Department An Daniel Padilla 1600 Truxtr,n Avenue Bakersfield Calrfornia 93301 Dear Mr Padilla: RE Inclusion of Parcel Meraer No. t 1-0359 in a Consolidated Maintenance District (CMD) We the undersignej. as owners of the property Included wo"in Parcel Merger No. 17.0353 *tereby request that the properly oe included A, -o the CMC `FIs request is !n accordance wdh the req 11renrents of Bakersfie ol fv ,ncipal epic Section 13 ,4 CQ t Enclosed S a -neck for $ 871 )0 as required by the .Ify to cove me -,opts of ti -is nidus un --c; the -PAD 't 'equested. our enginee, will s:ppli ,c., with a Lcr,putel 1a, ccp, �f the —ap ", rory ase We unde-tang that under P-cposincn 218 and de sec! 3r 53753;"appucaole iaw"i. a rt,, Counni hearng will be held for purooses of inciud,na the above proper^i adhm the CMD and determ,mng the amc cn1 of assess errs 'PIe hereby via -.e our right to nave a aeanng wthin the 6me parametes set forVr n lile 110er"'ah e law :,e t.i e understand tnat the hear rg is scheduled fo. _ _._ 2S a the �c.,oi �nan,pe-s �oaated at '501 Truxt..n axe BaKfIsfield. CA J '71e ereby nary ght r7. Pole' notice of that hearing Resoecrfr,lly. Marc Pasgwni Presidentok0Ake, MD 4-183 EXHIBIT F = m U C ORI(ilnlGl Adventure air -c a :^roor-ahon Marc Pasgwni Presidentok0Ake, MD 4-183 EXHIBIT F = m U C ORI(ilnlGl