HomeMy WebLinkAboutROI NO 1664
RESOLUTION OF INTENTION NUMBER NO. 1664
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 2-44 (6320 DISTRICT BOULEVARD), TO
THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY 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 6)
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 Public Works Director's Report
(Exhibit 1), 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, usage, and size of the parcel; and
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 territory, Area 2-44 to the CMD, said area is generally described in
Exhibit "A" attached hereto, to maintain local improvements including a public
park and public street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the Clerk
of said Council his report, attached hereto and incorporated herein by
reference as Exhibit "l," containing the following:
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a) A description of the boundary of the additional territory,
attached hereto as Exhibit "A"; and
b) A map and assessment diagram of the additional territory,
attached hereto as Exhibit "B"; and
c) The benefit formula attached hereto as Exhibit "C"; and
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04,130 of the Bakersfield Municipal Code;
and
e) The amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E"; and
WHEREAS, the City of Bakersfield has received a letter from the
owner(s) of the property described in Exhibit 'A" 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; and
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 City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is 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.
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2 ~/1 Sri,,{! r 1
HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council Ag~1~he City of Bakersfield at a regular meeting thereof
held on PR , by the following vote:
â â â
AYE . COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HA SON, SULLIVAN, SCRIVNER
ES: COUNCILMEMBER 0.ft
ABSTAIN: COUNCILMEMBER _Kfh&JL-
ABSENT: COUNCILMEMBER ntikSZ
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: APR 010
r,
HARV L. HALF'
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
P-Jputy HUA RUDNICK
City Attorney
Attachments: Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
G: \sub\ SHARED\ PROJECTS\ MAI NDIST\ Formation Documents\MD 2-44\ROI 1664.doc
3
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 2-44
Fiscal Year 2010-2011
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "E" is
generally described as 6320 District Boulevard 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 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.
EXHIBIT="1" =
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 2010-2011 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:
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIB(T- "1 "
LEGAL DESCRIPTION
Area 2-44
An area located in Section 15, Township 30, Range 27 M.D.B. & M., more
particularly described as follows;
Site Plan Review 09-0666
6320 District Blvd Bakersfield California
Containing; 3.17 Acres, more or less,
EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 2-44) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
4300
4301
4600 4400
6320
MD2-44 6300 6100
4501 312
711
4Goo
-"'---8611Q
DISTRICT 9CV0
1i 6a61
T.20,1
L~
NOT TO SCALE
EXHIBIT 13
ME: MD2-44 SHEET .d 1
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
Recreation and Parks Department through separate policy,
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street or tier number.
This tier is assigned by the Recreation and Parks 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 END + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
Proposition 218 have been frozen at their current rate,
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,
EXHIET "C"
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 requesting formation of a
maintenance district, or joining a maintenance district, as a condition of a zone change, or
general plan amendment, or conditional use permit, or during site plan review where deemed
necessary by the city."
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 Commercial / Industrial / Mixed Use: 6 EDU per gross acre
R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre
R-S-5A 0.2
R-S- l 0A 0.1
fâ .
EXHIBIT ~`C"
0 't ti ~.,e al"S.L
MAINTENANCE DISTRICT AREA 2-44
Said assessment is made in accordance with the benefit formula attached hereto.
2010-2011
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.
EXHIBIT T"
MAINTENANCE DISTRICT AREA 2-44
ASSESSMENT ROLL
FISCAL YEAR 2010-2011
Assessor's Tax No, Total amount to
be collected for
FY (2010-2011)
384-381-04-009 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT~'E"
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1600 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
LAND DIVISION IN PROGRESS:
Site Plan Review 09-0666
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on Tuesday, April 06, 2010 by
Jason Armijo , Bakersfield, herein after referred to as ("Owner"), in
connection with the Consolidated Maintenance District, located in the City of Bakersfield, CA.
The real property herein described is located within the Consolidated Maintenance District
and may be assessed on an ongoing, yearly basis for maintenance of a public park and
landscaping on public rights-of way within the district, The appropriate Street and Park Tiers will
be assigned by the Parks and Recreation Department,
Although this property may have been assessed a lesser amount in the present tax year, the
ultimate estimated annual assessment for maintenance of a public park and public landscaping
based on full build out of this district, is $146.70 per equivalent dwelling unit, based on fiscal year
2005-2006 dollars and labor costs of the district, In each subsequent year, annual assessments
may increase by the cost of living reflected in the Los Angeles - Riverside - Orange County / Al
Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-05.) This
covenant may not be amended or modified without the prior approval of the City of Bakersfield.
This covenant shall run with the land.
Dated th Tuesday, April 06, 2010
Owner(s)/Developer(s): City of Bakersfield:
Jason Armijo, Zone Operations Raul M. Rojas, Public Works Director
Manager, Frito Lay Sales Inc.
NOTE: All owner(s)/developer(s) signatures must be notarized.
F
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 23rd day of Agril, 2010 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1664, passed
by the Bakersfield City Council at a meeting held on the 21st day of April, 2010 and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
2-44 (6320 DISTRICT BOULEVARD) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY 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 6)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPUTY City Clerk
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