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HomeMy WebLinkAboutROI NO 1685RESOLUTION OF INTENTION NUMBER NO. 1685 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-100 (MILL CREEK), 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, AND SETTING TIME AND PLACE FOR HEARING PROTESTS TO THE PROPOSED ADDITION OF TERRITORY. (WARD 2) 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, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4-100 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public street median; 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 1," containing the following: 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 S: \PROJECTS\ MAINDIST\ Formation Documents\MD 4-100\ROI 1685,doc rn Page 1 of 3 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 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The forgoing recitals are true and correct and 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. 4. The city council affixes Wednesday MARCH 9th, 2011, AT 6:30 P.M. or as soon thereafter as the matter may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters: ADDING TERRITORY TO THE DISTRICT; SETTING THE BOUNDARIES OF THE ADDITIONAL TERRITORY; FARINESS OF THE BENEFIT FORMULA; ZONE OF BENEFIT (STREET) INCLUDING THE TIER LEVEL: THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL OF PROPERTY TO BE ASSESSED; RESERVATION BY THE CITY OF THE RIGHT TO ELECT WHETHER TO PROCEED TO PERFORM WORK BY THE CITY FORCES. S: \ PROJECTS\ MAINDIST\ Formation Documents\MD 4-100\ROI 1685.doc~C [Tt Page 2 of 3 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 JAN 12 2011 , by the following vote: COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER Q ABSENT: COUNCILMEMBER r m , ~"4 ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney -2-1 ~ XSHUA RUDNICK Deputy City Attorney Attachments: Exhibit "1" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" S: \PROJECTS\ MAINDIST\ Formation Documents\MD 4-100\ROI 1685.doc ~-n Page 3 of 3 - APPROVED: JAN 12 2011 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-100 Fiscal Year 2010-2011 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as an area located along and on both sides of the Kern Island Canal between California Avenue and 24th Street, 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. The Mill Creek Area is being added to the Consolidated Maintenance District for the maintenance of a park and public street landscaping and other public r m EXHIBIT "1" landscaping, All parcels will be assigned an assessment proportional to the parcel size representing the special benefit accruing to each parcel. All parcels within this area shall be assessed an amount not to exceed that established in Exhibit "C". In each subsequent year, these 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 assessments will be assigned, but in no case shall the assessments exceed the amount established in Exhibit "C" 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 a per area basis throughout the Mill Creek 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 the Mill Creek Area, subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAk M. ROJAS Director of Public Works City of Bakersfield aP~t m_ ✓^s4?1C i~i~il1u EXHIBIT "1" LEGAL DESCRIPTION Area 4-100 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, Township 29 South, Range 28 East, M.D.B.&M., more particularly described as follows: Assessors Tax Number: ATN SITE ADDRESS 00650102000 602 CALIFORNIA AVE 00650110003 1211 S ST 00650104006 624 CALIFORNIA AVE 00504031007 425 GOLDEN STATE AVE 00504030004 317 GOLDEN STATE AVE 00609101009 625 19TH ST Parcel A of PM 08-0846 519 19TH ST Parcel B of PM 08-0846 525 19TH ST Parcel C of PM 08-0846 511 19TH ST Parcel D of PM 08-0846 501 19TH ST 00610001004 631 18TH ST 00609102002 60719TH ST 00504032000 410 21 ST ST 00609106004 614 18TH ST 00609105001 612 18TH ST 00609104008 606 18TH ST 00650103003 618 E CALIFORNIA AVE 00624001014 700 TRUXTUN AVE Parcel 1 of PM 10-0308 1401 S STREET INK S:\PROJECTS\MAINDIST\Formation Documents\MD 4-100\Exhibit A.doc EXHIBIT A ! 4y . - . -223RD ST-~ ~41M Al 1GT ST---- {d3'§'' y - - - - - -2QTH ST F - - - - -~--18TH ST TR LJXTUN AVE -idTH ST 22N 0 ST ~r UMN ER'ST 1 k - w L -a 7-7 - -20TH ST - F - - 19THST 1 _ • ,x - _ - 17TH ST - - ~RR -"'~"SHRDYKLN 3 j 13TH ST - - ' 13TH ST - " l i ` Y,~ y r Q+ v R'-''' r. Js°,i<.:'.'3`• i ' r c3-CfILIF~Rhfl,4}kVE '1~;i~;' T., u7 i 1 I EXHIBITT `Br nLE: MD4-100 SHEET 1 M 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 EDUD + ((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. r^ 4- r r)y1(;JN1¢1 EXHIBIT "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 R-S-2,5A 0.4 R-S-5A 0.2 R-S- l OA 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre c~ EXHIBIT "C" 2010-2011 BUDGET MILL CREEK MAINTENANCE DISTRICT AREA 4-100 (City Staff Services or Contract, Supplies, Materials and Utilities) Gross Park Budget Amount Required' Gross Street Budget Amount Required Less: City Contributions per Resolution 63-96 NET AMOUNT TO BE ASSESSED 1 This park area has traditionally been maintained out of General Fund. $0.00 $124,614.16 $9,096.83 $23,344.45 L~NKr } EXHIBIT MAINTENANCE DISTRICT AREA 4-100 ASSESSMENT ROLL FISCAL YEAR 2010-2011 Assessor's Tax No. Legal Description Total amount to be collected for FY 2010-2011 00650102000 $0.00 00650110003 $0.00 00650104006 $0.00 00504031007 $0.00 00504030004 $0.00 00609101009 $0.00 Parcel A of PM 08-0846 $0.00 Parcel B of PM 08-0846 $0.00 Parcel C of PM 08-0846 $0.00 Parcel D of PM 08-0846 $0.00 00610001004 $0.00 00609102002 $0.00 00504032000 $0.00 00609106004 $0.00 00609105001 $0.00 00609104008 $0.00 00650103003 $0.00 00624001014 $0.00 Parcel 1 of PM 10-0308 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield dNK~ EXHIBIT E '1,111;"j Map Output Page 1 of 1 City of Bakersfield ft r-f ` - tg - 178 © P -.r e ' ) 204 O ILK ( t & 8ctha a ~ v' - _ = ,`178 1rt~~1s1~ [3 24TH 91 Q (Kl . 4" • Y I © ~ ^ 19 1 _-y Airport Fire Station N r a - ~y~y rp ©e I © a 8~ - 0 T w sum" ° Q'1 O :.1.i3a 0 • io ° ST 2P - ~r , - Railroad Tracks N rs Arterial Streets t' 22110 ST r ko PAM CHI' NA ALY © 06 .LI W11 :lOo 1 L7110 T 6 © ~r1.. i m ~ C~ 'tJ tier 11 tl f✓ colleew Streets Local Streets 1'1'4 River Ke ■ • Li "t P CP 27TH 8~T If + -i VICE cp J3 [:n i t" ~ H'11Tt ~j$>0t $T tlJil Ul pY~, ,1•,•i Recreadon Areas wilding Fabliv ft m 17 Go 4 Q I"1I Q r C ©►i CER f ° F MalnwrancDistricts Y city ue,its -IMST- T 13 ~rloo1n © © imm 9 aw CTS'' °Q 8 C3 . _ - ~ IM S ` .er; COW" • ITTH ST - r-- 17TH ST----- ©a - • C:;P fi I , j~•; 4 Q a ~ 0330 0 Ch©c~m 0 Y j 14TH 8T - {T1i tI 4TH ST ~AYD 13TH ST 1 1 13 Q Gj ~m& Q ~ 0 P= 21 Qr © Eg QQR oY'' & I~r c! 0 r11 Qnd j'" 11TH ST;1 no t--- i ST C° . r Id°- Sti- 1 9N a C 2e01 ~tOT1f i!T Prepared by the City of Bakersfield, CA GIS division of Information Technology. The City of Bakersfiel d makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. BPKE , r http://cobgis.ci-bakersfield.ca.us/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=3... 1/10/201 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 14th day of January, 2011 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1685, passed by the Bakersfield City Council at a meeting held on the 12th-day of January, 2011 and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-100 (MILL CREEK), 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 BELEVIED AGAINST EACH PARCEL, AND SETTING TIME AND PLACE FOR HEARING PROTESTS TO THE PROPOSED ADDITION OF TERRITORY. (WARD 2) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: 3wuz ~ DEPU Y City Clerk SADOCUMEN'RFORMS\AOP.ROI.wpd ~AKF9 R r anRIGINAI