HomeMy WebLinkAboutRES NO 117-09
RESOLUTION NO. 117- 09
A RESOLUTION ADDING TERRITORY, AREA 5-58
(2410 S. "O" ST.) 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 1)
WHEREAS, the Public Works Director has filed with the City Clerk the
Public Works Director's Report, including a budget, assessment formula, improvements
to be maintained by the district, description of property and proposed assessments; and
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"); and
WHEREAS, as set forth in the attached Engineer's Report (Exhibit "'I"),
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 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; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield
to add this territory to the CMD, said area is generally described in Exhibit "A" attached
hereto, to maintain local improvements including street landscaping and/or a public
park; and
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ORIGINAL
WHEREAS, the City council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1646 declared its intention to add territory to
the CMD, 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 5-58, as shown and designated on that certain map entitled
"Map and Assessment Diagram for Addition of Territory, Area 5-58 (2410 "O" St.), 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 City of Bakersfield has received a letter from the property
owner within the proposed CMD which waves any and all hearings, legal time
parameters of those hearings, and notification of hearings (whether pursuant to
Government Code 53753, the Bakersfield Municipal code or any other law) concerning
the formation of and assessments for the inclusion in the CMD. The owner also has
submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating their 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.
2. The Council hereby adds territory, (Area 5-58) to the CMD and confirms and
adopts the Public Works Directors Report, including the amounts of assessment
for each assessed parcel.
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 2009-2010 fiscal years and each fiscal year thereafter, the
Public Works Director is hereby directed to prepare an Annual Report, as
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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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C7F31°.aINAL
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 4 2008 , by the following vote:
V/ ✓ ✓ ✓
YE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
N S: COUNCILMEMBER Qh0
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER rX ON\
AIAI~L A-XZI&14~
CITY CLERK and Ex Officio Clerk of th
Council of the City of Bakersfield
APPROVED: NOV 0 $ 2009
HARVE L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: /J~~ v~
J HUA RUDNICK - Deputy City Attorney
Attachments:
Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
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ORIGINAL
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-58
Fiscal Year 2009-2010
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "E" is
generally described as 2410 O Street and 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 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
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EXHIBIT "1"
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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.
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, 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 2009-2010 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-J/a-2 /C~l
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "11"
ORI'JiPfAL
LEGAL DESCRIPTION
Area 5-58
An area located in Section 7, Township 30, Range 28 M.D.B. & M., more particularly
described as follows:
Parcel Map 11456
2410 S. "O" Street Bakersfield California
Containing: 0.74 Acres, more or less.
EXHIBIT "A',§8aKF9~
b
OPIr INAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-58) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
-~I-- !
2400
2400
1
2401 "409
2412 24117 A
I ~
i
2414 3
3
333
2416
909 904
I
F2499 q
r=2418
Li
NOT TO SCALE
EXHIBIT "Er
0
FLE: MD 5-58 SHEET I'Wa l !A L
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. Asper 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 19-05 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.
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EXHIBIT "C"
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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: 4.36
R-S 1.82
R-S-1 A 1
R-S-2.5A 0.4
R-S-5A 0.2 Commercial / Industrial / Mixed Use: 6 EDU per gross acre
R-S-10A 0.1 Agricultural: 1 EDU per gross acre
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EXHIBIT
U CD
OPi aVAi_
MAINTENANCE DISTRICT AREA 5-58
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) $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
Previous Years Deficits No Longer Carried Forward.
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EXHIBIT "Q~'
OBI 31MA!
MAINTENANCE DISTRICT AREA 5-58
ASSESSMENT ROLL
FISCAL YEAR 2008-2009
Assessor's Tax No. Total amount to
be collected for
FY (2008-2009)
166-162-05-00-5 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "Lb~AkF,~:~
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