HomeMy WebLinkAboutRES NO 028-11RESOLUTION NO.
028- 11
A RESOLUTION ADDING TERRITORY, AREA 4-100 (MILL
CREEK), 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. 1685 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 4-100, as shown and designated on that certain map entitled "Map and
Assessment Diagram for Addition of Territory, Area 4-100 (Mill Creek), 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:VROJECTS\MAINDISTVormation Documents\MD 4-100\Res estab CMD.docx
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ORIGINAL
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 4-100 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.
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ORIGINAI
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
MAR 6 9 2011 , by the following vote:
`may. COUCILMEMBER
SBSTAENT: COUCILMEMBER
COUCILMEMBER
COUCILMEMBER
✓ ✓ ✓ ✓ ✓ ✓
SALAS, BENHAM, WEIR, HANSON, SULLIVAN, JOHNSON
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: MAR
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENI►RO
City Attorney
By:
JOSHUA 4(UDNICK/
Deputy City Attorney
Attachments:
Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
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ORIGINAL
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
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EXHIBIT" I ORIGINAI °
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:
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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EXHIBIT "1MIGINQI~
LEGAL DESCRIPTION
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
006501 10003
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
607 19TH 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
00609103005
600 18TH ST
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EXHIBIT A.
ORIGINAL
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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.
EXHIBIP-C"
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- l OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
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EXHIBI1t"C"
ORIGINAL
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
$23,583.04
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ORIGiwo
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
00609103005
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT E ORIGlrunr°