HomeMy WebLinkAboutMD 4-85 Resolution 119-08
RESOLUTION NO 11 9 8 A RESOLUTION ADDING TERRITORY AREA 485 TRACT 6850 TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS APPROVING THE PUBLIC WORKS DSIRECTOR REPORT
AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR WARD 3 WHEREAS the City Council of the City of Bakersfield State of California heretofore by Resolution of
Intention No 1603 adopted July 16 2008 declared its intention to add territory Area 485 Tract 6850 to the Consolidated Maintenance District preliminarily confirmed and approved the Public
Works Director sReport 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 Area485 Tract 6850 as shown and designated on that certain map entitled Map and Assessment Diagram for Addition of Territory Area485 Tract 6850 to the Consolidated
Maintenance District Bakersfield California for Fiscal Year 20089 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 Area485 Tract 6850 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 485 Tract 6850 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 Dsirector Report gAKF9 o sm 1 Hv o ORIGINAL
3 Exhibits A and B describe the additional territory Area 485 Tract 6850 4 All parcels within this additional territory shall be assessed an amount not to exceed the amount established
in Resolution No 00159 per equivalent dwelling unit per year In each subsequent year annual assessments may increase by the cost of living reflected in the LosRAOinvragerenslgiedeesCAounltly
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 00159 as escalated per
the above described Consumer Price Index The benefit formula ExhibitCbudget ExhibitDand assessment roll Exhibit E are attached hereto 5 The Kern County Tax Collector is hereby authorized
to collect such assessments6 Beginning in the20089 fiscal year and each fiscal year thereafter the Public Works Director is hereby directed to prepare an Annual Report as provided in
Chapter 0134of 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 AKF9 o Jn 2 v o 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 YEES ABSTAIN ABSENT JUL 3 0 2008
by the following vote COUNCILMEMBER CARSON BENHAM WEIR COUCH HANSON SULLIVAN SCRIER COUNCILMEMBER COUNCILMEMBER p COUNCILMEMBER Vl 6LJ s CITY CLERK and Ex Offi i Clerk of the Council
of the City of Bakersfield APPROVED JUL 3 0 2008 HARVEY L HALL MAYOR of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By Attachments Exhibit 1 Exhibit A
ExhibitB Exhibit C ExhibitD Exhibit E 8dM5EoDst0c45 A9eoKm F 3 ORIGINAL
City of Bakersfield PUBLIC WORKS DSIRECTOR REPORT ADDITION OF TERRITORY AREA485 Fiscal Year 20089 Addition of territory Area485 to the Consolidated Maintenance District is generally
described as Tract 6850 located north of the intersection of Lake Ming Road and Cattle King Road as specifically shown on Map and Assessment Diagram marked Exhibit Battached 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 0134 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 Csity 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 Area 485 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 EXHIBIT1AOcKF9m
Fy V O CJRIGINAL
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 00159 per equivalent dwelling unit as that term is defined in ExhibitCper parcel In each subsequent year annual assessments may
increase by the cost of living reflected in the LosRAOinvragerenslgiedese CAounltly Urban Consumers Consumer Price Index However parcels will not be assessed until park aonrd street
landscaping have been installed When park aonrd 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 00159 as escalated per the above described Consumer Price Index The area will consist of residential and rnesiodenntial 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 DUwenllinitg 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 20089 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 Area485 subject to be
assessed to pay the cost of maintenance and operation in said area Dated 1 8 RAUL M ROJ Director of Public Works City of Bakersfield EXHIBIT1 2 oAK m U O ORIGINAL
EXHIBIT A LEGAL DESCRIPTION Area 485 An area located in Section 4 Township 29 Range 29MDB Mmore particularly described as follows TRACT MAP 6850 Bakersfield California Containing 3505
Acres more or less OAKF9m FJORIGINAL
MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY AREA485 Tract 6850 TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD CALIFORNIA P 0 1 a0 z NOT TO SCALE EXHIBIT B aver KF9smO
GINAL
EXHIBIT C 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 ofyour zoneof the Consolidated Maintenance District on Attachment AConsolidated Maintenance District Cost per Tier as approved
by City Council Resolution 01159 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 ofthe Consolidated Maintenance District are established by the Parks and Recreation
Dept through separate policy Multiplied byEDU The number of Equivalent Dwelling Units EsDU 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 CountyFTieeer The County ofKern Assessors
Office charges a fee for each parcel added to their tax roll Total Assessment Park Rate x Park Tierl x EDUII 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 O1S9which 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 mr v v ORIGINAL
EXHIBITC CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below
conditions occurs 1 Bakersfield Municipal code 0012341 Itis the policy ofthe 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 rwoigahfyt aonrd public parks Nothing shall preclude the city from requesting formation of a maintenance district or joining a maintenance
district as a condition ofa zone change or general plan amendment or conditional use permit or during site plan review where deemed necessary by the city Ord 4043 1 part 2002 Ord 3714
1 1996 2 Bakersfield Municipal Code0012342al Nofinal map or certificate of compliance for a parcel map waiver may be recorded absent establishment ofa maintenance district to provide
for all future maintenance ofany landscaping in the public rwoigahfyt 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 smay 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 EsDUbased on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept Those densities are Zone EsDU per gross acre Commercial Industrial
Mixed Use 6 EDU per gross acre Agricultural 1 EDU per gross acre OA vORIGINAL
EXHIBIT D MAINTENANCE DISTRICT AREA485 Said assessment is made in accordance with the benefit formula attached hereto 20089 BUDGET Gross Budget Amount Required 000 City Staff Services
or Contract Supplies Materials and Utilities Estimated Beginning Fund BDaelafnicciet Less City Contributions NET AMOUNT TO BE ASSESSED Previous Years Deficits No Longer Carried Forward
000 000 000 EXHIBIT AKF9 YU C7 ORIGINAL
EXHIBITE MAINTENANCE DISTRICT AREA485 ASSESSMENT ROLL FISCAL YEAR 20089 Asssessor Tax No Total amount to be collected for FY 20089 0300280706 000 Total 000 Date City Clerk and Ex Officio
Clerk of the Council ofthe City of Bakersfield EXHIBIT E gAKF9 o m v o ORIGINAL