HomeMy WebLinkAboutROI NO 1986RESOLUTION OF INTENTION NO. 1986
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 5.98 (2029 HOSKING AVENUE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
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 7)
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");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of
maintenance of a public street landscaping and/or 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 the
zoning, usage, and size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
add territory, Area 5-98 to the CMD, said area is generally described in Exhibit "B"
attached hereto, to maintain local improvements including a public park and
public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit "l," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A",
S'.\PR0JEM\MAINDIST\Forman on Documents\Area S\MD S-98\0.011986 EST, docx of 0AK�9sT
Page 1 of 3 m
U O
ORIGINAL
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit 'C",
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel,
attached hereto as Exhibit 'E",
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," 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; and
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 City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating
said improvements is hereby made assessable upon said area; and that
the exterior boundaries thereof are hereby specified and described to
be as shown on that certain map marked Exhibit "B;' entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California;' which map indicates by a
boundary line the extent of the territory to be added to the
Consolidated Maintenance District and shall govern for all details as to
the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is 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.
�gAKF9
5:\VR0IfRS\MAINOIST\Porma1io1 Documents\Area S\MD 698\fl011986 EST Eocx O NT
Page 2 of 3 rn
U p
ORIGINAL
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
NOV 0 7 7019 , by the following vote:
f ✓ ✓ ✓ ✓ ✓ ✓
AYESCOUNCILMEMBER RIVERA, GONZALES,WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER
S: COUNCILMEMBER NO
ABSTAIN: COUNCILMEMBER *IiI
ABSENT: COUNCILMEMBER NOEL.
ARISTOPHEER G
CE BY
ACTING CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: NOV 0 7
'�;;v
KAREN OH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:/'/'415 [i
RICHARD IGER
Deputy City Attorney
Attachments: Exhibit "1" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit"B" Exhibit"F"
Exhibit "C"
�gAKF9
5\Vfl0IERS\MAINDIST\Porma[ion Documents\Area S\M05-9R\RDI 3986 EST.docx
Page 3 of 3 m
U p
ORIGINAL
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-98
Fiscal Year 2018-2019
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 2029 Hosking Avenue 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/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
S:\PROJEUS\MAINDIMFormafion Documents\Area 5\MD 5-98\P W DIPEROP'S REPORT Eocx EXIABIT 1 1',
U 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:
NICK FIDLER
Director of Public Works
City of Bakersfield
oteAxF9
sT
5:\PRWEM\MAINDI9\Forma[ion Documen[s\Area 5\MD 5-98\PW DIRECTOR'S REPORT.docx E)gIIBIT1 m
V O
ORIGINAL
LEGAL DESCRIPTION
Area 5-98
An area located in Section 36, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
VTfM 7348
2029 Hosking Ave. Bakersfield California
Containing: 28.79 Acres, more or less.
OAKE
EXHIBIT A 9NT
M
U p
ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-98) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
EXHIBIT "W
- u05-88 -C,
ORIGINAL
CONSOLIDATED MAINTENANCE DISTRICT
CITY Of BAKERSFIELD
BENEFIT FORMULA
Each pa¢eljoining 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 earlier' 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-Rivehide-Oronge County / All Urban Consumers
Consumer Price Index." rer 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 (EDU): The number of Equivalent Dwelling Units UDU'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)Tiep: The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Imemmi $= ffixi Rate x Fail lir) x ED Ir 1 Rate x Sj Tier) x ED f
Ngtg: 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. 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 Be ker,field Consolidated Maintenance District If any of the below conditions occurs:
1. Bakersfield Municipal code 1304.021:
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 bereft 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 1104,022 At
"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 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 wdiver."
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:
.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:
Zone EDU', a., arcs, acre
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
1
R-S-2.SA
0.4
R -S -SA
0.2
R -S -I OA
OA
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
o``0pKF9�
EXHIBrr C
ORIGINAL
MAINTENANCE DISTRICT AREA 5-98
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 Balance(DeIll ". $0.00
Less: City Contributions
NET AMOUNT TO BE ASSESSED
— Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
EXHIBIT DanrF9N
- m
U O^
ORIGINAL
Assessor's Tax No.
514-030-25-00-8
Total
Date:
MAINTENANCE DISTRICT AREA 5-98
ASSESSMENT ROLL
FISCAL YEAR 2018-2019
Total amount to
be collected for
FY (2018-2019)
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT9AK
0 9Ns
U 0
ORIGINAL
W4 nn"S
Cit}' cf [I'll .3eld - Pu6 1 is W orks Dapnrtmcut
Aden@on:I)as.e Pndlia
I60O Tmx ho Avenue
DAM 66 a f"ia 93301
DearMr I'wdl'l
RE Incl union of Trac! Mvp Ao. "3dN In a Cunso6dut"d Maintemao" District tCNID)
Wv. the undersigned, as nwnos uftlnc pfcrtp nOWN ,•Am I'ma 4t tP No. 748 KA) wpm! Ihi;
the pn,l oe incmden within the Calf) Ibis is in accordance udh the rsgm,cua, is of
f3Ai.eri ,.nt M,:nicipa3 C.ndc se-tioa I &:721. Eire sed C a check for $&?'..0t7 as �a uErcd by the City to
on, it r t t n of 1b mi wa an, IN (AID. ;t requested owengineer will sapPl} Yon ,rich a mtuputer
Sisk sol t ':e map or ww );a
Wo ucd sLn�d :haz ur,..0 I rolsoci[ian S ncd Goccinn ll t We ;a u n + .3 ('a, I i nhla law"). a Citi
nu"d mwmgwv he held An purpo'n ofmcladin,g A abme property within"LMDatddetomm"g
me nm;, .<t ,�assm4 F, l.e'ielery lac our. :tt, have a!'..ring wttiiio lh .hne pnramrscr sc!
to!tin in tSc applicable tw ltie flmh� undeis^and rtrat the itearu:g (> schalulet( ttn . 30
V S n r i `te ('cm = h,mbwv homed at N) I i ,rlu) As-enue, Rakemf1cId (,A 9i 33. S hemby
waive ui ikhrm ratth ixico aftlwth arC
R'Ventollb,
Azv„s Rinarvc d I i' � Cx t n a Et rites �+ r:. wmpa'as
I'r ir' Virt'a th;e
')I �' I 'Laail ai, LU ,.;.i ii l¢urtul La,nlas ,.nrel+ai.y
PrJVa',c
0 OAK
>. T
MD 5-98 EXHIBIT F s
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CHRISTOPHER GERRY, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 8th day of November. 2018 he posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1986 passed by
the Bakersfield City Council at a meeting held on the 7th day of November. 2018 and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-98 (2029
HOSKING AVENUE) TO THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY 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 7)
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
S\DOCUMENTTORMSV OP. ROI.wpd