HomeMy WebLinkAboutROI NO 1979RESOLUTION OF INTENTION NO. 1979
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 5-97 (4609 & 4617 KIMBER AVENUE) 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 1)
WHEREAS, Chapter 13.04 of rifle 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 cosi 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 5-97 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 "l," 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 leiter 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 Directors 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
AUG 15 9818 , by the following vote:
✓ ✓ ✓ ✓ / ✓ ✓
AYES COUNCILMEMBER RIVERA.GONZALES.WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENF, COUNCTMEMBER NO"&i
CHRISTOPHER GERR
ACTING CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
AUG 15 2018
o4 -gi�(
KAREN 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 "P'
Exhibit "C"
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PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-97
Fiscal Year 2018-2019
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 4609 and 4617 Kimber Avenue 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 (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
Index. However, parcels will not be assessed until park and/or street landscaping have been
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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: —7 I SO I t%
NICK FIDLER
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 5-97
An area located in Section 3, Township 30, Range 28 M.D.B. & M., more
particularly described as follows:
SPR 18-0026
4609 & 4617 Kimber Ave. Bakersfield California
Containing: 1.1 Acres, more or less.
EXHIBIT A oF0pKF9sT
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-97) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
a
EXHIBIT'
- uC 5-11 - 51
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMDIA
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 Dil 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- Rivers ide-Oronge County / All Urban Consumers
Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance D,i are
established by the Recreation and Parks Department through separate policy.
Multiplied by iEDUi: The nu Tuber of Equivalent Dwelling Units (EDU', as coinetl 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 Fee(Ter): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Told Assessment $= (Pork RxPark Ti TWO xEDUII + (fStreetR x StreetTl r Ell + (County Feel
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 an their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for on 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:
1. Bakersfield Municipal cause 1304021:
"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 iEDUI 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 Resident at Parcels:
71 EDU per Unit
�Commefclat / 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:
112122 EDO'x per al acre
R -S -IA
R-1
4
R-2
17.42 max.
R-3
34.85 max.
R-4
72.6 max.
E
4.36
R
1.82
R -S -IA
I
R -S -25A
0.4
R -S -SA
0.2
R -S-1 OA
0.1
Commercial / Industrial / Mixed Use:6 EDU per gross acre
Agricultural: I EDU per gross acre
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EXHIBIT`4:RlClNAm
MAINTENANCE DISTRICT AREA 5-97
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 D,0"'14 01
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Assessors Tax No.
173-390-13-00.3
Total
MAINTENANCE DISTRICT AREA 5-97
ASSESSMENT ROLL
FISCAL YEAR 201 &2019
Total amount to
be collected for
FY X2018-20191
M
$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
City of Bakersfield - Public Works Department
Alto Daniel Padilla
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Padilla.
RE: Inclusion of (choose ore of the followrg) Tract Map • Parcel Map • Parcel Map
Waiver No.: - in a Consolidated Maintenance District (CMD)
We, the undersigned, as owners of the property included within (choose oeie of the
toilowrrgt Tract Map • Parcel Map * Parcel Map Waiver • 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 5 as required by the City to cover the costs of this inclusion
into the CMD_ If requestedour engineer will supply you with a computer disk copy of
the map for your use.
Be understand that under Proposition 2^.8 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 515 in the Council Chambers located at 1501 Truxtun Ave.. Bakersfield. CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully.
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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 201h day of August. 2018 he posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 1979 passed by
the Bakersfield City Council at a meeting held on the 15th day of August. 2018 and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-97
(4609 & 4617 KIMBER AVENUE) 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 1)
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DE TY Cit Clerk
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