HomeMy WebLinkAboutRES NO 008-11RESOLUTION NO. 0 0 8 11
A RESOLUTION ADDING TERRITORY, AREA 5-61 (4505
HUGHES LANE), 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 7)
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 Public Works Director's Report
(Exhibit 1), the property within this new area reflects that portion of the cost of
maintenance of public street landscaping and/or a 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 its zoning and size.
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. The Public Works Director
recommends addition of this territory to the Consolidated Maintenance District;
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 strekltAKF
landscaping and/or a public park; and o 9N`
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1 ORIGINAL
WHEREAS, the City council of the City of Bakersfield, State of
California, heretofore by Resolution of Intention No. 1683 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 5-61, as
shown and designated on that certain map entitled "Map and Assessment
Diagram for Addition of Territory, Area 5-61(4505 Hughes Lane), 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(s) have also 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 5-61 to the CMD and confirms and
adopts the Public Works Director's 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 su W,,,
assessments. o 'P,
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6. Beginning in the 2010-2011 fiscal year, and each fiscal year thereafter, the
Public Works Director is hereby directed to prepare an annual report, as
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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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 FEB 0 2 2011 , by the following vote:
ZAYES COUCILMEMBER SALAS COU H, HANSON, SULL AN, JOHNSON
: COUCILMEMBER
ABSTAIN: COUCILMEMBER
SENT COUCILMEMBER
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
iUA RUDNICK
uty City Attorney
Attachments:
Exhibit "1 "
Exhibit "C"
Exhibit "A"
Exhibit "D"
Exhibit "B"
Exhibit "E"
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APPROVED: FEB 0 2 2011
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-61
Fiscal Year 2010-2011
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as 4505 Hughes Lane 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 li~hav<sq
reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Bice
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EXHIBIIO GiNAL
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 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; Z' ~
RAUL . ROJAS
Director of Public Works
City of Bakersfield
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ORIGINAI
EXHIBIT "1 "
LEGAL DESCRIPTION
Area 5-61
An area located in Section 13, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
Site Plan Review 09-0820
4505 Hughes Lane Bakersfield California
Containing: 14 Acres, more or less,
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ORIGINAL
EXHIBIT A
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-61) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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ORIOIN
EXHIBIT "B"
FILE: MD 5-61 sxeet 1 a 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 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.
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ORIGINAL
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-1 OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre olb
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OAIGINAI
EXHIBIT "C"
MAINTENANCE DISTRICT AREA 5-61
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.
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ORIGINAL
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 5-61
Assessor's Tax No,
405-020-01-00-0
Total
Date:
ASSESSMENT ROLL
FISCAL YEAR 2010-2011
Total amount to
be collected for
FY (2010-2011)
$0.00
0 $0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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ORIGINAL
EXHIBIT E