HomeMy WebLinkAboutRES NO 157-08RESOLUTION NO. 1 5 7- ~ 8
A RESOLUTION ADDING TERRITORY, AREA 5-52
(FAIRFAX, E WILSON NW), 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 1)
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1615, adopted August 20, 2008, declared its
intention to add territory, Area 5-52 (Fairfax, E Wilson NW), 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 5-52 (Fairfax, E Wilson NW), as shown and
designated on that certain map entitled "Map and Assessment Diagram for Addition of
Territory, Area 5-52 (Fairfax, E Wilson NW), 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 5-52 (Fairfax, E Wilson NW), 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 5-52 (Fairfax, E Wilson NW), 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.
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3. Exhibits "A" and "B" describe the additional territory, Area 5-52 (Fairfax,
E Wilson NW).
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.
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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 3 2008 , by the following vote:
AYE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER v1Aa_n
1 ~ lC
CITY CLERK and Ex Officio Cler o the
Council of the City of Bakersfield
APPROVED: SEP 0 3 2008
HARVEY L. HALL
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"
MD5-52Est05.doc
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-52
Fiscal Year 2008-2009
Addition of territory, as shown in Exhibit "E" to the Consolidated
Maintenance District is generally described as the NW corner of Fairfax Road & East
Wilson Road or Tract 6902 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
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EXHIBIT "1" ,~~ ~m
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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 c
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 2008-2009 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: -iL ~8
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R UL M. ROJAS
Director of Public Works
City of Bakersfield
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EXHIBIT "1" o`` 9~T
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LEGAL DESCRIPTION
Area 5-52 (Fairfax, E Wilson NW)
An area located in Section 11, Township 30, Range 28 M.D.B. & M., more particularly
described as follows:
Tract 6902
Bakersfield California
Containing: 17.37 Acres, more or less.
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EXHIBIT "~~' ~m
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
CAREA 5-52,) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE
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EXHIBIT TBv
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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 $_ ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
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.
EXHIBIT "~`'~AKF9~,
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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-1 A 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
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EXHIBIT "~°` sm
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MAINTENANCE DISTRICT AREA 5-52
Said assessment is made in accordance with the benefit formula attached hereto.
2008-2009
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) **
Less: City Contributions
NET AMOUNT TO BE ASSESSED
`* Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
$0.00
$0.00
EXHIBIT
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MAINTENANCE DISTRICT AREA 5-52
Assessor's Tax No.
173-240-17
Total
Date:
ASSESSMENT ROLL
FISCAL YEAR 2008-2009
Total amount to
be collected for
FY (2008-2009)
$0.00
0 $0.00
0 $0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E °~` ~~~,
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