HomeMy WebLinkAboutROI NO 1684RESOLUTION OF INTENTION NUMBER NO. 1684
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-99 (Q STREET MAINTENANCE DISTRICT), 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 streetscape and median ("special benefit") above and
beyond the basic cost of maintenance of a public streetscape and median
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 streetscape and median, 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 4-99 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,~,~~y
attached hereto as Exhibit "B"; and
S: \PROJECTS\ MAINDIST \Formation Documents\MD 4-99\Q Street reso,docx
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Page 1 of 3 '1~\'
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,
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Page 2 of 3 r F'
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 ?olt , by the following vote:
6D COUNCILMEMBER SAL S, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER Acr\k
ABSTAIN: COUNCILMEMBER 9-
ABSENT: COUNCILMEMBER jn(~a.
~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
SHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
&WROJECTS\MAINDIST\Formation Documents\MD 4-99\Q Street reso.docx
Page 3 of 3
_ r.
-'.jRj(71N A i
APPROVED: JAN 12 2011
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-99
Fiscal Year 2010-2011
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as an area bounded by P Street on the east, R Street on the west, 24th
Street on the north, and Truxtun Avenue on the south. All maintenance improvements will be
on Q Street as specifically shown on the 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 street median and other public street
landscaping. The improvements generally include, but are not limited to, 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 street medians 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 medians 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 medians 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 public street median and other street 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
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
NK
EXHIBIT "ll
"
L'
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 Resolution No. 019-05 as escalated per the above described
Consumer Price Index.
The area will consist of 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 street median and street landscaping will benefit all the lots or parcels and will be
assessed on an per area 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:
,Jqo
R UL M. ROJAS
Director of Public Works
City of Bakersfield
E T.
(71 N' A
EXHIBIT "1"
LEGAL DESCRIPTION
Area 4-99
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:
AM
ADDRESS
00657003007
801 TRUXTUN
AVE
00623006007
800 TRUXTUN
AVE
00623002014
700 TRUXTUN
AVE
00523208000
820 22ND ST
00527201001
1924 Q ST
00525204004
800 20TH ST
00657010007
801 TRUXTUN
AVE
00608211002
720 17TH ST
00608102009
701 19TH ST
00532018001
800 19TH ST
00524105007
2230 Q St
00523207007
2229 Q ST
00524101005
2231 R ST
00527206006
716 19TH ST
00524102008
700 22ND ST
00525201005
2020 P ST
00608106001
1812 Q ST
00623003017
714 TRUXTUN
AVE
00527104003
701 21 ST ST
00525112000
830 21 ST ST
00525113003
818 21 ST ST
00608101006
1818 Q ST
00524203008
701 22ND ST
00607014004
814 17TH ST
00523202002
2230 P ST
00519114009
2315 Q ST
00606017000
824 18TH ST
00527204000
700 19TH ST
00519210004
700 23RD ST
00519201008
2300 Q ST
00524103001
2204 Q ST
00525203001
801 21 ST ST
cf~,
EXH I BIT A
00524202005
2136 Q ST
00608105008
00606012005
804 18TH ST
00606011002
805 19TH ST
00525103004
811 22ND ST
00532008002
801 20TH ST
00532007009
811 20TH ST
00532022002
818 19TH ST
00532005003
901 20TH ST
00532021009
817 20TH ST
00532011000
00524209006
728 21ST ST
00608210009
00524208003
716 21ST ST
00524210008
700 21 ST ST
00527105006
700 20TH ST
00527108005
720 20TH ST
00527106009
00527107002
00525105000
2113 Q ST
00524207000
708 21 ST ST
00527102007
731 21 ST ST
00519107009
815 24TH ST
00525104007
2119 Q ST
00524201002
2122 Q ST
00523206004
00607012008
802 17TH ST
00607011005
801 18TH ST
00524104004
2214 Q ST
00527205003
712 19TH ST
00519208009
2317 R ST
00519209002
2311 R ST
00519108002
2319 Q ST
00519204007
2316 Q ST
00519203004
2314 Q ST
00519103007
2308 P ST
00519102004
2304 P ST
00519207006
2323 R ST
00519202001
2304 Q ST
00525202008
815 21ST ST
00608204002
719 18TH ST
00608207001
707 18TH ST
00527101004
2024 Q ST
00606009007
813 19TH ST
00607009000
00606007001
823 19TH ST
ks~l
EXHIBIT A
00606010009
811 19TH ST
00606013008
814 18TH ST
00607013001
810 17TH ST
00607016000
00607021004
00607022007
00519113006
00606015004
816 18TH ST
00524204001
2117 R ST
00608201003
00608202006
00608208004
703 18TH ST
00519205000
719 24TH ST
00519101001
2300 P ST
00519206003
715 24TH ST
00608104005
70218TH ST
00519104000
2312 P ST
00519105003
2316 P ST
00606014001
814 18TH ST
00607007004
821 18TH ST
00606008004
819 19TH ST
00607008007
819 18TH ST
00607015007
822 17TH ST
00608206008
00608203009
00608205005
00608103002
00519112003
EXHIBIT A
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-99) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE F&[: M04-99 SHEET 1 of 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
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(fier): 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 MUD + ((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 offer Proposition 218 and which have ballots which include
this escalator may be increased according to their ballot terms.
f-
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 aross 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- I OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
~c *6.
r.
EXHIBfFPI
2010-2011 BUDGET
Q STREET MAINTENANCE DISTRICT
AREA 4-99
(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
$24,338.62
$1,776.72
$22,561.90
EXHIBIT D
MAINTENANCE DISTRICT AREA 4-99
ASSESSMENT ROLL
FISCAL YEAR 2010-2011
Assessor's Tax No.
Total amount to be
collected for FY 2010-2011
00657003007
$0.00
00614001006
$0.00
00623006007
$0.00
00623002014
$0.00
00523208000
$0.00
00527201001
$0.00
00525204004
$0.00
00657010007
$0.00
00608211002
$0.00
00608102009
$0.00
00532018001
$0.00
00524105007
$0.00
00523207007
$0.00
00524101005
$0.00
00527206006
$0.00
00524102008
$0.00
00525201005
$0.00
00608106001
$0.00
00623003017
$0.00
00527104003
$0,00
00525112000
$0.00
00525113003
$0.00
00608101006
$0.00
00524203008
$0.00
00607014004
$0.00
00523202002
$0.00
00519114009
$0,00
00606017000
$0.00
00527204000
$0.00
00519210004
$0.00
00519201008
$0.00
00524103001
$0.00
00525203001
$0.00
00524202005
$0.00
00608105008
$0.00
00606012005
$0.00
00606011002
$0.00
00525103004
$0.00
00532008002
$0.00
00532007009
$0.00
00532022002
$0.00
00532005003
$0.00
00532021009
$0.00
00532011000
$0.00
00524209006
$0.00
00608210009
$0.00
00524208003
$0.00
00524210008
$0.00
00527105006
$0,00
00527108005
$0.00
00527106009
$0.00
00527107002
$0.00
00525105000
$0.00
00524207000
$0.00
M
EXHIBIT E
00527102007
$0.00
00519107009
$0.00
00525104007
$0.00
00524201002
$0.00
00523206004
$0.00
00607012008
$0.00
00607011005
$0.00
00524104004
$0.00
00527205003
$0.00
00519208009
$0.00
00519209002
$0.00
00519108002
$0.00
00519204007
$0.00
00519203004
$0.00
00519103007
$0.00
00519102004
$0.00
00519207006
$0.00
00519202001
$0.00
00525202008
$0.00
00608204002
$0.00
00608207001
$0.00
00527101004
$0.00
00606009007
$0.00
00607009000
$0.00
00606007001
$0.00
00606010009
$0.00
00606013008
$0.00
00607013001
$0.00
00607016000
$0.00
00607021004
$0.00
00607022007
$0.00
00519113006
$0.00
00606015004
$0.00
00524204001
$0.00
00608201003
$0.00
00608202006
$0.00
00608208004
$0.00
00519205000
$0.00
00519101001
$0.00
00519206003
$0.00
00608104005
$0.00
00519104000
$0.00
00519105003
$0.00
00606014001
$0.00
00607007004
$0.00
00606008004
$0.00
00607008007
$0.00
00607015007
$0.00
00608206008
$0.00
00608203009
$0.00
00608205005
$0.00
00608103002
$0.00
00519112003
$0.00
Total
0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT E
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. 1684,
passed by the Bakersfield City Council at a meeting held on the 12`h-day of January,
2011 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
4-99 (Q STREET MAINTENANCE DISTRICT), 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 PROPSED ADDITION OF TERRITORY.
(WARD 2)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
a_j2-"tL_
By: Q
DEPUT City Cle k
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