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HomeMy WebLinkAboutRES NO 177-08RESOLUTION NO. 1 7 7- ~ 8 A RESOLUTION ADDING TERRITORY, AREA 5-56 (8601 S H 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 7) WHEREAS, the City council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1619 on September 3, 2008 declared its intention to add territory, 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 5-56 (8601 S H Street), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-56 (8601 S H 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 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 which waves 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 the 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, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The Council hereby adds territory, Area 5-56 (8601 S H Street) to the Consolidated Maintenance District and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. o~eAKF9 s~ fn ~ r V ~ ORIGINAL 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") 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- s ~- m r U ~ CYp'tG1NAl. 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 ~, ;T ~ ~ ,,,w. , by the following vote: ES' COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NO S: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio C rk of the Council of the City of Bakersfield OCT 0 8 2008 APPROVED: HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD5-56Est05.doc o~~AKF T s '- m ~ r U O ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-56 Fiscal Year 2008-2009 Addition of territory, as shown in Exhibit "E" to the Consolidated Maintenance District is generally described as 8601 S H Street or ATN 514-030-11-00-7 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" o``gAKF9~ -r` ~ m r v O ~ 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 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, 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: ~~Z-y/~ RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" ~~ ~AK~9`~-~ F-- m v O ORIGINAL LEGAL DESCRIPTION Area 5-56 (8601 S H Street) An area located in Section 36, Township 30, Range 27 M.D.B. & M., more particularly described as follows: Site Plan Review 06-0749 8601 South H. Street Bakersfield California Containing: 16.31 Acres, more or less. ©~~AKF9 EXH I BST "A"~ ~~ o `7RIGINAL MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY tAREA 5-56) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA NOT TO SCALE ~,i ~ C~11 ~~~ ~_ _. ,W''7' N~ ~~ ~AKF9~'-n ~ R EXHIBI~~R~iNa~ FILE: MDS-56 SKFr ~ a i 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 Tierl x EDUII + ((Street Rate x Street Tierl x EDU) + (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. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municiual 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 o``gAKF9~ EXHIBI~"C" o ORIGINAL 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 o``gAKF9~ EXHIB~ "C" o ORIGINAL MAINTENANCE DISTRICT AREA 5-56 Said assessment is made in accordance with the benefit formula attached hereto. 2008-2009 BUDGET Gross Budget Amount Required $0.00 (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 o`` ~ AKF9~t' a ~ ~ m r EXHIBIT O~GINAL MAINTENANCE DISTRICT AREA 5-56 Assessor's Tax No. 514-030-11-00-7 Total Date: ASSESSMENT ROLL FISCAL YEAR 2008-2009 Total amount to be collected for FY (2008-2009) $0.00 $0.00 City Clerk and Ex Officio Clerk of the gAK Council of the City of Bakersfield o`` F9~~ ~' m F_- r U O EXH I Blla~r-vA~