HomeMy WebLinkAboutRES NO 099-18RESOLUTION NO. 0 9 9 - _I
A RESOLUTION ADDING TERRITORY, AREA 4-184 (1800
23RD 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 Area 4-184, generally described in Exhibit "A" attached hereto, to the CMD, in order
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. 1975 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 4-184, as shown and designated on that certain map entitled "Map
and Assessment Diagram for Addition of Territory, Area 4-184 (1800 23rd Street), to the
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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
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 4-184 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 2018-2019 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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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
JUL i 8 2018 , by the following vote:
AYES: COUCILMEMBER�$�V�E,R�. GONZALES. WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER
NOES: COUCILMEMBER tW'(V�
ABSTAIN: COUCILMEMBER
ABSENT: COUCILMEMBER
CHRISTOPHER GERRY t
ACTING CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED: JUL 181018
KAR N GOH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
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 4-184
Fiscal Year 2018-2019
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 1800 23rd Street and as 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 has 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
Index. However, parcels will not be assessed until park and/or street landscaping have b OKF4
5 \PROIERS\MAINMST\Formation Doamen[s\Area 6\MI) 4IM\PW DIRECFOR'S REPORT dou EXHIBIT 1
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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 2018--2019 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: (o
l
e NICK FIDLER
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 4-184
An area located in Section 25, Township 29, Range 27 M.D.B. & M., more
particularly described as follows:
CUP 18-0048
1800 23rd Street Bakersfield California
Containing: 0.54 Acres, more or less.
EXHIBIT A OkeAkF9
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-184) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
,T
],IF-] � � EID I
NOT To SCALE
EXHIBIT "6"
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-Oronge 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', 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 Peei The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total AFFeumeM S= Pork nor) x EDUD + (IStreet Ithilv, x Shmet Tier) x ED +
Note: Since Proposition 218 was passed in November 1996assessment 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 forrned 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:
1. Bakersfield Municipal code 13.04.021:
'Itis the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map
Act and that beneft from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from
requesting formation of a maintenance districtor 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 Canditions, 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: 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:
Zone EDU', oar ar sacra
R-1
4
R-2
I7.42 max.
R-3
34.85 max.
R-4
72.6 max.
E
4.36
A
1.82
R -S -IA
1
R -S -2.5A
0.4
R -S -5A
0.2
R -S -10A
o.1
Commercial / Industrial / Mixad Use:6 EDU per gross acre
Agricultural: I EDU per gross acre
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EXHIBIT C
Z5
ORITNAL
MAINTENANCE DISTRICT AREA 4-184
Said assessment is made in accordance with the benefit formula attached hereto.
2018-2019
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 %OnK N
U G.
ORIGINAL
Assessor's Tax No.
003-121-06-00-1
Total
Date:
MAINTENANCE DISTRICT AREA 4-184
ASSESSMENT ROLL
FISCAL YEAR 2018-2019
Total amount to
be collected for
FY (2018-2019)
an
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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Inclusion of a Subdivision into the Consolidated Maintenance District
1800 23f6 Street LLC
23727 Hawthorne Boulevard, Suite 1
Torrance, CA 90505
City of Bakersfield - Public Works Department
Ann: Daniel Padilla
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Padilla.
RE: Inclusion of Parcel B of Parcel Map Waiver No. P99-0093 per document
number 01999065846 in a Consolidated Maintenance District ("CMD")
Wethe undersigned. as owner of the property included within Parcel B of Parcel
Map Waiver No. P99-0093 per document number 01999065846 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 $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 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 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 Truxtun
Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that
hearing.
Respectfully
OWNER:
1800 2V Street LLC
a California limited liability company
RobertM. Jonas. Manager
Enclosure. A.L.T.A Survey sheet 2 of 2
MD 4-184 EXHIBIT IF �F9AKF9NT
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