HomeMy WebLinkAboutRES NO 028-2022RESOLUTION NO. 0 2 8® 2 02 2
A RESOLUTION TO AMEND AREA 4-69 (100
E CALIFORNIA) TO ADD PARCELS (ATN 016-
500-01-00-3 AND 016-500-02-00-6), TO THE
CONSOLIDATED MAINTENANCE DISTRICT;
APPROVING, CONFIRMING AND
ADOPTING 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
amend Area 4-69 (Parcel Merger No 21-0134), 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
Page 1 of 4
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 2126 declared its intention to amend
area 4-69 of the CMD, preliminarily confirmed and approved the Public Works
Director's Report, the boundaries of the proposed additional parcels, the fairness
of the benefit formula, and the amount of assessment to be levied against each
parcel. Said additional parcels shall be designated Area 4-69, as shown and
designated on that certain map entitled "Map and Assessment Diagram for
Amending of Territory, Area 4-69 (Exhibit B) 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 amends Area 4-69 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 parcels.
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
are to be made for each year at the time the budget and
assessment is approved for the year in question.
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OORIGINAL
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 MAR 0 2 2022 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
A I k-1 , q��
JU IE DRIMAKIS,AMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: MAR 0 2 2022
By meev
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
qepu
%HUA RU NICty City Attorney
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00RIGINAL
PUBLIC WORKS DIRECTOR'S REPORT
AMENDMENT OF TERRITORY, AREA 4-69
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 100 E. California 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 "B" 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 Pr�$'R`
Index. However, parcels will not be assessed until park and/or street landscaping have b§en�
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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, GREGG STRAKALUSE, 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: O1 lz45�
GREGG S RAKALUSE
1
Public Works Director
City of Bakersfield
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EXHIBIT 1
LEGAL DESCRIPTION
Area 4-69
An area located in Section 29, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
Parcel Merger 21-0134
100 E. California Avenue Bakersfield California
Containing: 17.32 Acres, more or less.
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'ORIGINAL
EXHIBIT A
MAP AND ASSESSMENT DIAGRAM
FOR AMENDING OF TERRITORY
(AREA 4-69) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
-
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MD 4-69
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NOT TO SCALE
EXHIBIT "B"
Fim MD 4-69 sKm i or i
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 The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for
(EDU): the parcel.
Multiplied by The factor for the tier level, which equals the street or tier number. This tier is assigned by
(Tier): 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 EDUII + ((Street Rate x Street Tier) x EDUI + (County Feel
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
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.
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`ORIGINAL
EXHIBIT C
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 requesting formation of a maintenance district, or joining a a
maintenance district, or updating the maintenance district documents as a condition of a zone change, or
general plan amendment, or grading permit, 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 (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 are:
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
4.36
R-S
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-SA
0.2
R-S-1OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT
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MAINTENANCE DISTRICT AREA 4-69
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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`ORIGINAL
EXHIBIT D
MAINTENANCE DISTRICT AREA 4-69
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
016-500-03-00-9 $0.00
016-500-01-00-3 $0.00
016-500-02-00-6 $0.00
Total $0.00
EXHIBIT E
Inclusion of a Subdivision into the Consolidated Maintenance District
FM Baker, LLC, a California limited liability company
YBG Baker, LLC, a Delaware limited liability company
c/o Franklin B. Mandel
290 West End Avenue, Suite 1C
New York, NY 10023
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Amendment of Consolidated Maintenance District (CMD) 4-69 for Parcel
Merger No. 21-0134 (100 E. California Avenue 1ATN; 016-500-03-00-9)
We, the undersigned, as owners of the property included within Parcel Merger, No.
21-0134 (100 E. California Avenue) hereby request that the existing CMD 4-69 be
amended to include ATN: 016-500-01-00-3 and 016-500-02.00-6. This request is in
accordance with the requirements of Bakersfield Municipal Code Section 13.04.021.
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,
FM Baker, LLC, a California
limited liability company
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President
YBG Baker, LLC, a Delaware
Limited liability company
Harold Kaufman
Manager
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'ORIGINAL
EXHIBIT F
Inclusion of a Subdivision into the Consolidated Maintenance District
FM Baker, LLC, a California limited liability company
YBG Baker, LLC, a Delaware limited liability company
c/o Franklin B. Mandel
290 West End Avenue, Suite 1 C
New York, NY 10023
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Amendment of Consolidated Maintenance District (CMD) 4-69 for Parcel
Merger No. 21-0134 (100 E. California Avenue /ATN: 016-500-03-00-9)
We, the undersigned, as owners of the property included within Parcel Merger No.
21-0134 (100 E. California Avenue) hereby request that the existing CMD 4-69 be
amended to include ATN: 016-500-01-00-3 and 016-500-02-00-6. This request. is in
accordance with the requirements of Bakersfield Municipal Code Section 13.04.021.
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,
FM Baker, LLC, a California
limited liability company
Elliot L. Shelton
President
YBG Baker, LLC, a
Limited li@bility tong
Harold K
Manager
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OORIGINAL�
EXHIBIT F