HomeMy WebLinkAboutRES NO 152-2021 RESOLUTION NO. 15 22 0 2 1
A RESOLUTION ADDING TERRITORY,
AREA 4.250 (13 b 15 CHESTER 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 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 4-250 (PMW #20-0228), 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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�OFIG;NAL
WHEREAS, the City Council of the City of Bakersfield, State of
California, heretofore by Resolution of Intention No. 2109 declared its intention
to add territory to the CMD, preliminarily confirmed and approved the Public
Works Directors 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 4-250,
as shown and designated on that certain map entitled "Map and Assessment
Diagram for Addition of Territory, Area 4-250 (13 & 15 Chester Avenue), to the
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 4-250 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.
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�ORIGAAL
6. Beginning in the 2021-2022 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/Ofdiinanoe was
passed and adopted, by the Council of the City of Bakersfield at a regular meeting
thereof held on AUG 18 Inn by the following vote:
P� ✓ ✓ r E/ ✓
AVCOUNCILMEMBER ARIAS.GONZALES,MIR,SMITH,FREEMAN,0R1Y,PARLIER
S
COUNCILMEMBER tVew_
IN: COUNCILMEMBER
ABSEN .
COUNCILMEMBER s,rriv
LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: AUG 18 2021
By_`WAM4V
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
J SHUA RUDNICK
puty 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: -7q(Zoo
STUART PATTESON
Acting Public Works
Director City of Bakersfield
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SAPROJEMMAINDIST\Formaton Documents\Area O\MD 4-336\PW DIREQOR'S REPORT.docx EX"ITI
On.3 NAL
LEGAL DESCRIPTION
Area 4-250
An area located in Section 6, Township 30, Range 28 M.D.B. & M., more
particularly described as follows:
PMW 20-0228
13 & 15 Chester Avenue Bakersfield California
Containing: 0.47 Acres, more or less.
EXHIBIT mT
-
F;
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ORIG ;AL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-250) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
_ I
_.. MD4] __-
ROUND 5MEEt
N
NOT TO S AU
EXHIBIT 'B'
OPGAAL
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. 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.
Multiplied by(EDU) The numberof Equivalent Dwelling Units (EDO's as defined below) for the parcel.
Multiplied by(Ter): 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(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total AssenmeM$_((P k Rd x Park Til x EDDII+((Sheet Rafe x Sheet Tlerl if EDUI a(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 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:
1. Bakersfield Municipal code 13.04021:
"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 13.040221A).
"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 (EDU) shall be assigned using the following policy. EDLi 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 Usel: 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's Per pross acre
R-1 4
R-2 17.42 max.
R-3 34.85 max.
R-4 72.6 man.
E 4.36
R 1,62
R-S-I A I Commercial/Industrial/Mixed Use:6 EDU per gross acre
R-S-2.5A 0.4 Agricultural: l EDU per gross acre
R-S-5A 0.2
R-S-10A 0.1 o�gAK<
s
EXHIBItC
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O'r.W;NAL
MAINTENANCE DISTRICT AREA 4-250
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 Cartied Forward.
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EXHIBIT D
V- -
v0'nIG:NAL
MAINTENANCE DISTRICT AREA 4-250
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
011-101-08-00-0 $0.00
011-101-09-00-3 $0.00
011-101-10-00-5 $0.00
011-101-11-00-8 $0.00
Total $0.00
EXHIBIT �A"'`as
T
l;,NAL
Inclusion of a Subdivision into the Consolidated Maintenance District
Crte' CROWN
�„� CASTLE
6129/21
City of Bakersfield - Public Works Department
Attn: Richard Meyer
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Meyer:
RE: Inclusion of Parcel `8'of Parcel Map Waiver No. 20-0228 in a Consolidated
Maintenance District(CMD)
We, the undersigned, as owners of the property included within Parcel 'B' of
Parcel Map Waiver No. 20-0228 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- 120 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,
n —
RED Asset Manager
"ki:iA
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Ej hibit F;^
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0?.10',NAL
Inclusion of a Subdivision into the Consolidated Maintenance District
April 12,2021
City of Bakersfield-Public Works Department
Attn:Richard Meyer
1600 Truxtun Avenue
Bakersfield,California 93301
Dear Mr.Meyer:
RE:Inclusion of Parcel A'of Panel Mop Waiver No.20-02281n a Consolidated Maintenance District
(CMD)
We,the undersigned, as owners of the property included within Parcel 'A' of Parcel Map Waiver No. 20-
0228 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 taw.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,
Evergreen-Chester&Richland,L.L.C.,
an Arizona limited liability company
By:Evergreen Development Company-2020,L.L.C.,
an Arizona limited liability company,its Manager
By:Evergreen Devco,Inc.
a California corporation,its Manager
By:
Name:
Title: C
Exhibit F
Phoenix LosAngeles Denver Sart Lake City
t, I-OW Development
Ever
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