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Home My WebLink AboutRES NO 027-11RESOLUTION NO. 027- 11 A RESOLUTION ADDING TERRITORY, AREA 4-99 (Q STREET), 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 2) 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, 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 WHEREAS, the City council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1684 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 4-99, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-99 (Q Street), 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 S:\PROJECTS\MAINDIST\Formation Documents\MD 4-99\Res estab CMD.docx 1 ORIG1111" 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 4-99 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 such assessments. 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. ----------000 S:\PR0JECTS\MA1ND1ST\Formafion Documents\MD 4-99\Res estab CMD.docx 2 o` ~ AKF9~ fi F-- r ')REGINA! 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 Wi4 0 9 2011 , by the following vote: AY COUCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULUVAN, JOHNSON NOES; COUCILMEMBER BSTAIN; COUCILMEMBER OU A T; COUCILMEMBER af3A4., ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Jerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GEN O City Attorne By: i,/ACi JOSHUA RUDNIGK Deputy City Attorney Attachments: Exhibit"]" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" o k r SAPROJECTS\MAINDIST\Formation Documents\MD 4-99\Res estab CMD.docx ii 3 ')RIGINAL. APPROVED: MAR 0 9 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/AIL Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have bqw+ y EXHIE6T "1" v o ORIGINAL 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: ' y"/ RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIEtkT "1" a ORIGINAL 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 801TRUXTU N AVE 00623006007 800 TRUXTUN AVE 00623002014 700 TRUXTUN AVE 00523208000 820 22ND ST 00527201001 1924 Q ST 00525204004 800 20TH ST 00657010007 801TRUXTU N 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 21ST ST 00525112000 830 21ST ST 00525113003 818 21ST 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 21ST ST AK4 EXHIBIT A ORIGINAL 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 21ST ST 00527105006 700 20TH ST 00527108005 720 20TH ST 00527106009 00527107002 00525105000 2113 Q ST 00524207000 708 21ST ST 00527102007 731 21ST 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 N K~e9s EXHIBIT lNAL. 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 702 18TH 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 Ah6y r EXHIBIT A oRIGin~a,° MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-99) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA NOT TO SCALE x178 WIH I I D 4'b A EXHIBIT "W FILE: MD4-99 SHEET 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(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment f(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 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. EXHIBIt ~o ORIGINAI 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 4 R-2 17.42 max. R-3 34.85 max. R-4 72.6 max. 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-10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT r)RirlNAl 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 EXHIBCT D b ORIGINAL 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 EXHIBIT m v ~ E ORIG1NAl 00524207000 $0.00 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 m U r-- C? EXHIBIT E ORIGINal