HomeMy WebLinkAboutROI NO 1932RESOLUTION OF INTENTION NO. 1932
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 3 -103 (NORTHEAST OF BERKSHIRE ROAD & OLD RIVER
ROAD) 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 5)
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 Directors 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(s) 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 3 -103 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 "F ";
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
SEP 2 0 2017 , by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
AYES:' COUNCILMEMBER RIVERA, GONtALES, WEIR, SMITH. FREEMAN, SULLIVAN. PARLIER
NOES: COUNCILMEMBER ING \C,
ABSTAIN: COUNCILMEMBER NJD \1L
ABSENT: COUNCILMEMBER NlT(\Q
CHRISTOPH R GERRY
ACTING CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: SEP 7 0 7017
r./
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorne
By:
ANDREW HEGLUND
Deputy City Attorney
Attachments: Exhibit "1" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit B" Exhibit 7'
Exhibit "C"
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ORIGINAL
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3 -103
Fiscal Year 2017 -2018
Addition of territory to
the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as
northeast of Berkshire
Road &
Old River Road 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 some 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
SA PROJECTS \MAINDIST\FOrm.fi.n D.CUR..t, \Area 3 \MD3- 103 \PW DIRECTOR'S REPORTA.0 EXHIII#JF9
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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, NICK FIDLER, Director of Public Works for 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 2017 -2018 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: k L7
NICK FIDLER
Public Works Director
City of Bakersfield
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ORIGNAL
LEGAL DESCRIPTION
Area 3 -103
An area located in Section 29, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
Tract 7304
Bakersfield California
Containing: 37.79 Acres, more or less.
EXHIBITo/�AKe9s
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OrIGNAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 3 -103) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
MD 3 -103
NOT TD SCALE
EXHIBIT W o
ORIGINAL
CONSOLIDATED MAINTENANCE DISTRICT
CITY Of BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District Shall be assessed the amount as defined below:
Rote:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A
"Complicated Maintenance District Cost porter" 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.
Moltiplied by )EDU): The number of Equivalent Dwelling Units (EDU's as defined below) 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 Feejied: The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Anexmeat$• ffli rk Rai P k❑ 1 EDUII UStrinef Ral Street Ti 1 x EDUI + lCounty F 1
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.
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:
I. 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 -woy 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. ECU's may olso 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 thei plans, map, or current use.
Single Family Residential Parcels: I EDU per Parcel
Mobile Home Parks: I EDU per Space / Lot
Multifamily Residential Parcels: JI 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:
EL•LS� , 1 *1 f 1
R -1
4
R -2
17.42 max.
RJ
34.85 mox.
R -4
72.6 max.
E
4.36
R -S
1.82
R -S -IA
I
R -S -25A
0.4
R -S -5A
0.2
R -S -10A
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: I EDU per gross acre
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EXHI4IT C
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ORIGINAL
MAINTENANCE DISTRICT AREA 3.103
Said assessment is made in accordance with the benefit formula attached hereto.
2017 -2018
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
NET AMOUNT TO BE ASSESSED
-- Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
EXHIBIT D� enKevN
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ORIGNAL
Assessor's Tax No.
540 -010-09 -00-7
Total
MAINTENANCE DISTRICT AREA 3 -103
ASSESSMENT ROLL
FISCAL YEAR 2017 -2018
Total amount to
be collected for
FY (2017 -2018)
Lm
e$
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT �gnKe9m
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ORIGINAL
I2M MD 3-103 EXHIBIT F
Dlvewlrl®PROJ6CT gelvlC Es
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July 13, 2017
Daniel Padilla
City of Bakersfield, Public Works Department
1600 Tnormm Avenue
Bakersfield, California 93301
Subject: Incluaioa of Trad Map No. 7304 into the ConsoRdeted.Mafntemarce District
Dear Mr. Padilla,
We, the undersigned, as owners of the property included within Tract Map No. 7304 hereby request that
the property be included within the Consolidated Maintenance District (CMD). This request is in
accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is the
payment of $871.00 as required by the City to cover the costs of this inclusion into the CMD. If
requested, our engineer will supply you with an elechonic copy of the map for your use.
We understand that order Proposition 218 and Government Code Section 53753 ( "applicable laws, a
City Council hewing will be held for purposes of including the above n rationed property within the
CMD and detarmining the amount of assessarents. We hereby waive our right to a hearing within the time
parameters set forth in the applicable law. We further understand that the hearing is scheduled for
2016 at 5:15pm in the Council Chambers, located at 1501 Tru mm Ave.,
Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing.
Siincca7ely,
W
Warren Sanders, Manager
Old River Road, L.L.C.
5351 Olin Drive, Suite 100, Bakersfield, CA 93308
P: (661) 371 -2800, F: (661) 371 -2801 A K
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CHRISTOPHER GERRY, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 25th day of September. 2017 he posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1932
passed by the Bakersfield City Council at a meeting held on the 20th day of September,
2017 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3 -103
(NORTHEAST OF BERKSHIRE ROAD AND OLD RIVER ROAD) 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 5)
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
S'. \DOCUMENT FORMSWOP ROLw d