HomeMy WebLinkAboutROI NO 1857RESOLUTION OF INTENTION NO. 1857
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 2 -61 (7700 DISTRICT BOULEVARD) 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. (WARD 6)
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");
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 street landscaping and /or 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 the
zoning, usage, and size of the parcel;
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, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
add territory, Area 2 -61 to the CMD, said area is generally described in Exhibit "B"
attached hereto, to maintain local improvements including a public park and
public street landscaping;
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 ",
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b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B ";
c) The benefit formula attached hereto as Exhibit "C';
d) A budget, attached hereto as Exhibit "D;' containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E ",
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "I"';
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
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 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.
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I 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
OCT 14 1015 , by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ �/
AY COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH. HANSON, SULLIVAN, PAT2LIER
ITOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
OBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: OCT 14 1015
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attor e
By:
ANDREW HEGLUND
Deputy City Attorney
Attachments: Exhibit "1" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C"
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PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 2 -61
Fiscal Year 2015 -2016
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 7700 District Boulevard 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 rifle 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 sheet 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 living
reflected in the Los Angeles- Riverside- Orange County /All Urban Consumers Consumer Price
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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, NICK FIDLER, 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 2015 -2016 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: f (,1„
NICK FIDLER
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 2 -61
An area located in Section 16, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
SPR I5 -0274
7700 District Blvd Bakersfield California
Containing: 2.11 Acres, more or less.
EXHIBIT A0gK�9
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ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 2 -61) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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xot ro scuc
EXHIBff 'B' o�
ORIGINAL
CONSOUDATED 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 D@hlct on Attachment A
"Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Sold 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." firer levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District am
established by the Recreation and Parks Department through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel.
Multiplied by (Tier): The factor fa the tier level, which equals the street or tier number. This tier is assigned by the
Recreation and Pars Department for the entire area of the Consolidated Maintenance District.
County FeelTier): The County of Kenn Assessors Office charges a fee fa each parcel added to their tax roll.
Total Assessment $, ffP k Rate x Park Ti 1 x EDUII ((Street Rat Street lil 1 x EDUI Coull, F 1
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at
that current rote.
Areas farmed between November 1996 and January 12, 2005 shall be assessed by the terns 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 attar
Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terns.
A parcel may be added to the City of Bakersfield Consolidated Maintenance Dlsti 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 rigMOf-way and /or public pons. Nothing shall produce the city from
requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general
plan amenament or conditional use permit or during site plan review where deemed necessary by the city."
2. Bakersfield Municipal Code 13J04.022 (A):
"No final mop or certificate of compliance fa a parcel map waiver may be recorded absent establishment of a maintenance
district to provide for all future maintenance of any landscaping in the puck 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 Farcelswill be assessed by
their actual units on their site as per their plans, map, or current use.
Single Family Residential Parcels: I EDU per Parcel
Mobil Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercal / Industrial / Mixed Use): 6 EDU per Acre
Undeveloped gourd 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:
R -1
4
R -2
17.42 max.
RS
34AS max.
RJ
72.6 max.
E
4.36
RS
1.82
R -S-IA
I
R - &2.5A
0.4
R -SSA
0.2
R -S-10A
0.1
Commit / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: I EDU per gross acre
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MAINTENANCE DISTRICT AREA 2 -61
Said assessment is made in accordance with the benefit formula attached hereto.
201 52016
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Matenals and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions
NET AMOUNT TO BE ASSESSED
** Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
EXHIBIT Da eAKeyN
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Assessors Tax No.
385 -013 - 54-007
Total
Date*
MAINTENANCE DISTRICT AREA 2 -61
ASSESSMENT ROLL
FISCAL YEAR 2015 -2016
Total amount to
be collected for
FY 12015 -20161
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$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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RAY AR_R_ _
C 0 N S T R U C T 0 R S, I NC.
Inclusion of a Subdivision Into the Consolidated Maintenance District
Date: August 26, 2015
City of Bakersfield - Public Works Department
Attn: Marian P. Shaw
1600 Tndxtun Avenue
Bakersfield, California 93301
Dear Mrs. Shaw
RE: Inclusion of Parcel B, LLA Oti-1961 in a Consolidated Maintenance District
(CMD)
We, the undersigned, as owners of the property included within Lot Line Acgustment
No. 05 -1961 hereby request that the property be included within the CMD. This
request is in accordance with the requirements of Bakersfield Municipal Code
Section 13.04.021. Enclosed is a check for $ 650.00 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 216 and Government Code section 53753
( "applicable IaW'), 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 right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is scheduled for
20 at 5:15 in the Council Chambers located at 1501 Tnodun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
4 p
Manager
BRAM Investments, L.L.C.
6956 MCDIVITT DRIVE • BAKERSFIELD. CA 93313 • 66113II&IOM
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EXHIBIT F
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uHONAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly swam, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 16th day of October. 2015 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1857 passed by
the Bakersfield City Council at a meeting held on the 14th day of October. 2015 and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2-61
(7700 DISTRICT BOULEVARD) 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. (WARD 6)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: CTdb�t
DEPU City Clerk
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