HomeMy WebLinkAboutRES NO 151-2021 RESOLUTION NO. 151 - 2021
A RESOLUTION ADDING TERRITORY, AREA
4.249 (1627 VIRGINA AVENUE) 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 1)
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 4-249 (SPR #19-0401), 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
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WHEREAS, the City Council of the City of Bakersfield, State of
California, heretofore by Resolution of Intention No. 2106 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 4-249, as shown and
designated on that certain map entitled "Map and Assessment Diagram for
Addition of Territory, Area 4-249 (1627 Virginia Avenue), to the Consolidated
Maintenance District, Bakersfield, California," forthis fiscal yearon 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 4-249 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-Long Beach-Anaheim/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 2021-2022 fiscal year and each fiscal year
thereafter, the Public Works Director is hereby directed to prepare
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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 AUG 1 8 2021 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
YES- COUNCILMEMBER ARIAS,GONZALES,WEIR,SMITH,FREEMAN,BRAY,PARLIER
NOES: COUNCILMEMBER N y*
ABSTAIN: COUNCILMEMBER
® COUNCILMEMBER
YNA� 0./ E1/Y�•EVl/lam
JJJILIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: AUG 18 2021
By
AVW
KAREN G
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
J SHUA RUDNICK
eputy City Attorney
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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, STUART PATTESON, Acting 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 2021-2022 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/q/ l
STUART PATTESON
Acting Public Works
Director City of Bakersfield
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EXHIBRA
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LEGAL DESCRIPTION
Area 4-249
An area located in Section 33, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
SPR 19-0401
1627 Virginia Avenue Bakersfield California
Containing: 0.43 Acres, more or less.
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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 019-05. Asper 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 Deportment through separate policy.
Multiplied by(EDU): The number of Equivalent Dwelling Units(EDU'S as defined below)for the parcel.
Multiplied by Fen: 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 FeelTierl: The County of Kern Assessors Office charges a fee for each parcel added to their tow roll.
Total Assessment$-fff rk Rate P rk felt)x EDUII f(Street Rate x Slinhal❑ )I,EDUI HC aN 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 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. Bakentield Municipal code 13.04.021:
'it is the policy of the city to include within a maintenance dishict all new developments that are subject to the Subdivision Mop
Act and that benefit from landscaping in the public rightof-way and/or public parks. Nothing shall preclude the city from
requesting formation of a maintenance dishict 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 pad of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a
Conditional Use Permit.
Equivalent Dwelling Units)EDUI shall be assigned using}he following policy. PHIL'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 Res capital Parcels: 1 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 gross Or,
R-1 4
R-2 12.42 max.
R-3 34.85 max.
R-4 72.6 max.
E 4.36
R-S 1.82
R-S-IA 1 Commercial/Industrial/Mixed Use:6 EDU per gross acre
R-S-2.5A 0A Agricultural: I EDU per gross acre
R-S-SA 0.2
R-S-IDA 0.1
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MAINTENANCE DISTRICT AREA 4-249
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
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 $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
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MAINTENANCE DISTRICT AREA 4-249
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY )2021-2022)
019-181-01-00-9 $0.00
0 $0.00
0 $0.00
Total $0'00
EXHIWfAh`9`rn
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Inclusion of a Subdivision into the Consolidated Maintenance District
(LETTERHEAD)
(Date)
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of SPR 19-0401 (1627 Virginia Avenue) in a Consolidated
Maintenance District(CMD)
We, the undersigned, as owners of the property included within SPR 19-0401 (1627
Virginia Avenue) hereby request that the property be included within the CMD. This
request is in accordance with the requirements of Bakersfield Municipal Code
Section 13.04.021. Enclosed is a check for$ 910.00 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, /
Derrick Dickerson
Charolettaickerson
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