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HomeMy WebLinkAboutRES NO 137-08RESOLUTION NO. 13 7 - ~ $ A RESOLUTION ADDING TERRITORY, AREA 2-39 (MUSTANG SQUARE), 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 5) WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1606, adopted July 30, 2008, declared its intention to add territory, Area 2-39 (Mustang Square), 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 2-39 (Mustang Square), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 2-39 (Mustang Square), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2008-2009 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 2-39 (Mustang Square), 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 2-39 (Mustang Square), 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. o``gAKF9~ -~. } rn ~ r U O ORIGINAL 3. Exhibits "A" and "B" describe the additional territory, Area 2-39 (Mustang Square). 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") 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 2008-2009 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. ----------000---------- 2 ~gAKF9 o sT '- m ~ r U ~ ORIGINAL 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 AUQ 2 0 2008 , by the following vote: AYES: COUNCILMEMBER S: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER BE HN AM, WEIR, OUCH, HANSON, SULLIVAN, SCRI ER ~~ CITY CLERK and Ex Offic' Clerk of the Council of the City of Bake sfield MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD2-39Est05.doc s o~~AKF9,~ ~' m ~ r v o ORIGINAL APPROVED: AUO 2 0 2008 City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2-39 Fiscal Year 2008-2009 Addition of territory, as shown in Exhibit "E" to the Consolidated Maintenance District is generally described as Lot 2 of Parcel Map 4099, APN 394-010- 01 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 EXHIBIT "1" ~gPKF9 o s.~ > m ~-- r U ~ ORIGINAL 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 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. The area will consist of residential and non-residential use, thus all parcels 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 street landscaping will benefit all the lots o Equivalent Dwelling Unit basis throughout the herein as Exhibit "C" and attached hereto and fully set forth herein. residential lots and public median and parcels and will be assessed on an area. The Benefit Formula is set forth incorporated in this resolution as though 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, subject to be assessed to pay the cost of maintenance and operation in said area. Dated: ~' ~ .~---- RAU L M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" ~gAKF9 o s.~ '- m ~- r U O ORIGINAL LEGAL DESCRIPTION Area 2-39 An area located in Section 18, Township 30, Range 27 M.D.B. & M., more particularly described as follows: Parcel Map 11861 SE Corner of White Lane & Buena Vista Road in Bakersfield California Containing: 10.8 Acres, more or less. s o~~AK~9T EXHIBIT "g" o ORIGINAL MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 2-39, Mustang Square) CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA - ~~ ~ _ .- - ~ '~.'... itEt7H~tIDiaE WAY °~ ~ ,_. _ _ ~ ~. """"". GARTtICK C1" .__~_._.~ ~DAL[lN~tl _!~ i ~z ~~~~~~ _ CU6FSIDL 3T. _ ~IYHtTE i.pt +Yii Y8A VJS?A _'. 4 _ ~ .'~1VOL1 CT. _.__.__. _~,._,,._.__ ` a a ~- ~_ . _____ _ __. PETALB Dit ___ __ i I S ~ ~ ~ z _,l~MilA C2_...._, -.. .. _ . _..._._......_.....,_,.___~UN8i'T.CANYON OR ... ~, ~ ~CAMINO MAJ~iCA ~ `~ U m...~ l ~ ~ ~ ~ ~,.. i I i4 rt i! li r~ i 't NOT TO SCALE gAK o`` 9`s-~ ~- R, EXHIBIT AB~ FxE: MD2-39 ~,©RIGI AL 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 living increase reflected in the Los Angeles -Riverside -Orange 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 Parks and Recreation Dept. through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Parks and Recreation department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment $=1(Park Rate x Park Tier) x EDUIL+ ((Street Rate x Street Tierl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior 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-OS 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. ~gPKF9 EXHIBIT "~" ~ U ~ ORIGINAL 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 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 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: 1 EDU per Parcel Mobile Home Parks: 1 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's per gross acre R-1 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E: R-S 4.36 1.82 R-S-1A 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: 1 EDU per gross acre ~gAKF9 EXHIBIT "~' ~ U ~ ORIGINAL MAINTENANCE DISTRICT AREA 2-39 Said assessment is made in accordance with the benefit formula attached hereto. 2007-2008 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Dei'icit) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. o~~AKF9~-c~ EXHIBIT "[~"' o ORIGINAL MAINTENANCE DISTRICT AREA 2-39 Assessor's Tax No. 394-010-01 Total Date: ASSESSMENT ROLL FISCAL YEAR 2007-2008 Total amount to be collected for FY (2007-2008) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "Eo'~PKF9s~ '- ~= o v QRIGINAL