HomeMy WebLinkAboutROI NO 2117RESOLUTION OF INTENTION NO. 2117
A RESOLUTION MECLARING INTENTION TO AMM TERRITORY,
AREA 4-254 (2100 BRUNl:OAGE LANE) TO THE
CONSOLIIDOATEV MAINTENANCE MISTRICT, PRELIMINARILY
ADOPTING, CONFIRMING ANn APPROVING THE PUBLIC
WORKS 1>IRE4C-_TOR'S REPORT, THE BOUNCoARIES OF THE
AMMITION, THE FAIRNESS OF THE BENEFIT FORMULA, ANS
THE AMOUNT OF THE ASSESSMENT TO BE LEVIEDO AGAINST
EACH PARCEL_ (WAREO 23
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for o procedure by which the City Council may provide for the
payment of the whole or any port of the costs and expenses of maintaining and
operating any public improvements which ore local in nature, from annual benefit
assessments apportioned among the lots or parcels of properly within the established
Consolidated Maintenance [District ("Clvll7') _ The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of o public pork
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of o public pork and public street landscaping throughout the City
("general benefit");
WHEREAS, os set forth in the attached Public Works directors Report (Exhibit
1 ), the property within this new district reflects that portion of the cost of maintenance
of o public street landscaping and/or public pork, based on the location of said
improvements in or near said areco, above and beyond the general benefit of parcels
within the City that ore not port of the CME3_ 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 CMI] 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 CME>;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to odd
territory, Area 4-254 (SPR 1 S-0446) to the CMD_ Said area is generally described in
Exhibit "B" attached hereto, to maintain local improvements including o public park
and public street landscaping;
WHEREAS, the Public Works [Director hos on this dote filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit "1 ," containing the following=
o) A description of the boundary of the additional territory, attached
hereto os Exhibit
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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 letter 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 Director's 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 -Long Beach-Anaheim/All
Urban Consumers Consumer Price Index.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
NOV 17 2021 by the following vote:
V V I/ pl- W� V,
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JjJLIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED. NOT 17 2021
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JOS UA RUDNICK
Depluty City Attorney
Attachments: Exhibit "1 " Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C"
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`50RIGINAI'
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-254
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 2100 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 beoegNK69,
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EX H U611AL,
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: I( —'q
STUART PATTESON
Acting Public Works Director
City of Bakersfield
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EXHIBIT 1
LEGAL DESCRIPTION
Area 4-254
An area located in Section 36, Township 29, Range 27 M.D.B. & M., more
particularly described as follows:
SPR 18-0446
2100 Brundage Lane Bakersfield California
Containing: 0.3 Acres, more or less.
EXHIBIT d►�PK�9s;
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`ORIGINAL
EXHIBIT "C"
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 - 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 Parks and Recreation Dept. through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) 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 Parks and Recreation
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 Assessment $_ ((Park Rate x Park Tier) x END + ((Sheet Rate x Street Tier) x EDU) + (County Fee)
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.
OF Bq�
EXHIBIT' Cn
o,�,77
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:
"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
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 (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: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 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
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
R -S
4.36
1.82
R -S-1 A
1
R -S -2.5A
0.4
R -S -5A
0.2
R-S-IOA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT Ccl,( F9s%
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OORIGINAL
MAINTENANCE DISTRICT AREA 4-254
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) **
Less: City Contributions
NET AMOUNT TO BE ASSESSED
** Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
$0.00
EXHIBIT
vo�`G1NA�
MAINTENANCE DISTRICT AREA 4-254
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
008-273-11-00-8 $0.00
0 $0.00
0 $0.00
Total $0.00
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EXHIBIT Eo`` s.<,
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0RIGINO
Inclusion of a Subdivision into the Consolidated Maintenance District
Miguel Angel Magana Ventura
Ana Laura Benitez Joya
2100 Brundage Lane
Bakersfield, CA 93304
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of SRR 18-0446 (2100 Brundage Lane) in a Consolidated
Maintenance District (CMD)
We, the undersigned, as owners of the property included within SPR 18-0446 (2100
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 $ 924.00 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,
Miguel Angel Magana Ventura
/9
Ana Laura Benitez Joy
EXHIBIT F
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OORIGINAL