HomeMy WebLinkAboutRES NO 179-2021RESOLUTION NO. 179-2 021
A RESOLUTION ADDING TERRITORY,
AREA 4-241 (4840 E. BRUNDAGE LANE)
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 4-241 (SPR #20-0060), 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
QAPR0Je7SV0A1NDsTwormation Documents\ArB 4NmD 4 241\Res esT.docx o40AKk9q,
T
Page 1 of 4 _ o
`�OgIGINAL
WHEREAS, the City Council of the City of Bakersfield, State of
California, heretofore by Resolution of Intention No. 2111 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 4-241,
as shown and designated on that certain map entitled "Map and Assessment
Diagram for Addition of Territory, Area 4-241 (4840 E. Brundage Lane), 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 4-241 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.
QAPRDIER$\MAINDIST\Formation Documents\Area 4\MD 4a41\aes Esr.docx o�g AKE,9`r-n
Page 2 of 4 ? s;,
`ORIGINAL
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.
a:\PRaERS\MAiNDisT\Formation Documents\Area 4\MD 4-241\RES Esr.docx p�ePKe9`tm
>- m
Page 3 of 4 o
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution/Ordiaaace was
passed and adopted, by the Council of the City of Bakersfield at a regular meeting
thereof held on SEP 15 2021 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
YE COUNCILMEMBER ARIAAS,..�G�O�NZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER ,VYi LL_
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER IN4.
J LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: SEP 15 2021
By
KAREN GO
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
4De
HUA RUDNICK
uty City Attorney
Q:\PROJECTS\MAINDIST\FormationDocuments\Area4\MD4241\RES EST.docx
Page 4 of 4
0AkF9s-�
> m
r
`ORIGINAL
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-241
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 4840 E. Brundage Lane 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 -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have bosgkF9s
T
S.\PROJECTS\MNNDIST\FI,, at i,D CUIi,n[S\Afea o\MD a-zaS\MD 4241 E%H I BIT i.docx EXrIT 1 m
90RIGINAL'
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: 31 ZOO
STUART PATTESON
Acting Public Works
Director City of Bakersfield
o``0pKF9�
T
m
5:\PRWEM\MAINDIST\ForMati0n DOCOments\Area4\1MD 4-241\MD4-241 EXHIBIT Ix E*181T1
ORIGINAL
LEGAL DESCRIPTION
Area 4-241
An area located in Section 34, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
SPR 20-0060
4840 E. Brundage Ln. Bakersfield California
Containing: 0.77 Acres, more or less.
o``0AKF9N
EXHIBIT,A m
UORIGINAL
MAP AND ASSESMENT DIAGRAM
FOR ADITION OF TERRITORY
(AREA 4-241) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
EXHIBIT "B"
8
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" a5 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 Department through separate policy.
Multiplied by fEDUI: The number of Equivalent Dwelling Units (EDO'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 FeelUerl: The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Assessment $_ ((Park Rate x Park Tier) x EDl+((Sheet Rafe x Street Tier] x EDUI +(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, SUM 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 It 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 ore 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 fa all future maintenance of any landscaping in the public rightbf-way and of any public park required as a
condition of approval of the development project fa 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. EDU's may also be adjusted given special conditions a
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: Jl 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', oer ams, acre
R
4
R-2
12.42 jonal
R-3
34.85 jonal
R-4
22.6 max.
E
4.36
R -S
1.82
R -S -IA
1
R -S -2.5A
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
oMOpKF^'.a
S
EXHIBWE,"
MAINTENANCE DISTRICT AREA 4-241
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
NET AMOUNT TO BE ASSESSED
** Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
o�gAKF9
sT
r m
EXHIBIT DoRiGMAL�
MAINTENANCE DISTRICT AREA 4-241
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessors Tax No.
142-230-19-00-8
Total
Total amount to
be collected for
FY (2021-2022)
$0.00
$0.00
$0.00
$0.00
lkePKF9
EXHIBIT Is' sT
'ORIGINAL
Inclusion of a Subdivision Into the Consolidated Maintenance District
C & C Acquisition Group, LLC
12000 Hurst Park Drive
Bakersfield, Ca 93311
City of Bakersfield - Public Works Department
Attn: Jim Schroeter
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Schroeler:
RE: Inclusion of SPR 20-M in a Consolidated Maintenance District (CMD)
We, the undersigned, as owners of the property included within SPR 20-0060 (4840
E. Brundage Lane) 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,
C & C Acquisition Group, LLC
Brent CiOz
Managing Member
EXHIBIT F
OF0AKF9�
s
ORIGINAL