HomeMy WebLinkAboutRES NO 090-11RESOLUTION NO.0_0 ' 11
A RESOLUTION ADDING TERRITORY, AREA 5-63 (6801
COLONY 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 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, 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. 1697 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 5-63, as shown and designated on that certain map entitled "Map and
Assessment Diagram for Addition of Territory, Area 5-63 (6801 Colony 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
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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 5-63 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"), assessment roll (Exhibit "E"),
and letter from the property owner(s) requesting inclusion in the CMD (Exhibit
"F") 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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ORIGINAL
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
SEP 2 8 2011 by the following vote:
YE COUCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUCILMEMBER
norv-
ABSTAIN: COUCILMEMBER rQ_,
ABSENT: COUCILMEMBER Y1
k-&la "d-'OtIIJ
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By. ?"'z ,G✓
J HUA RUDNICK
Deputy City Attorney
Attachments:
Exhibit "1 " Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C"
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ORIGINAL
MAYOR of the City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-63
Fiscal Year 2011-2012
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as south of the southwest corner of Panama Lane and Colony Street
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 ofo~l~~itN,
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EXH181T "1 "
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ORIGINAL
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 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 2011-2012 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:
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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EXHIBIV1"
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LEGAL DESCRIPTION
Area 5-63
An area located in Section 25, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
Site Plan Review 10-0435
6801 Colony Street Bakersfield California
Containing: 10.41 Acres, more or less.
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EXHIBI_ A `Pm
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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 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.
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ORIGINAL
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 0A
I
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
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EXHIBIT
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ORIGINAL
MAINTENANCE DISTRICT AREA 5-63
Said assessment is made in accordance with the benefit formula attached hereto.
2011-2012
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
Previous Years Deficits No Longer Carried Forward,
$0.00
$0.00
$0.00
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EXHIBIT 11[r
ORIGINAL
MAINTENANCE DISTRICT AREA 5-63
Assessor's Tax No.
516-060-03-00-0
Total
Date;
ASSESSMENT ROLL
FISCAL YEAR 2011-2012
Total amount to
be collected for
FY (2011-2012)
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT_
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O L..: W O o ENGINEERING o PLANNING o SURVEYING 0 LAND DEVELOPMENT o CONSTRUCTION MANAGEMENT
0
July 28, 2011 10-15
City of Bakersfield
Public Works Department
1501 Truxton Avenue
Bakersfield, CA 93301
Attn: Marian P. Shaw
Subject: Inclusion of 6801 Colony Street, Bakersfield, CA 93307 in a Maintenance District
To Whom It May Concern:
I, the undersigned, as owner of the property included within 6801 Colony Street, Bakersfield, CA 93307 hereby
request that he property be included within the Consolidated Maintenance District. This request is in
accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for
$1,396.20 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer
will supply you with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City
Council hearing will be held for purposes of including the above property within the CMD and determining the
amount of assessments. We hereby waive our rights to have a hearing within the time parameters setforth in
the applicable law.
We also waive our right to any and all hearings (whether pursuant to the Brown Act, Propositions 218, its
enabling legislation, the Bakersfield Municipal Code, or any other law), concerning the formation of or inclusion
in a maintenance district.
We further waive all rights under Proposition 218 to formally vote for these assessments and, by signing this
letter, indicate our consent to the assessments.
Respectfully Submitted,
K. Do` glas$ Moyers
' ` Mce president
Douglass oye s
Authoriz Cl Sig ature
CarMax uperstores West Coast, Inc.
Cc: Sandy Bergam, DeWalt Corp.
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1930 22ND STREET BAKERSFIELD, CA 93301 (661) 323-4600 • FAX (661) 323-4674 > m
email: OwdL,dewallcorp corn EXHIBIT -8F" o
ORIGINAL