The URL can be used to link to this page

Home My WebLink AboutRES NO 099-2022RESOLUTION NO. 0 9 9— 2 0 2 2 A RESOLUTION ADDING TERRITORY, AREA 4-260 (3700 RIVER BOULEVARD) 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 3) 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 4-260 (Grading Permit No 21-40000085), 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 OF eAx\�'�N Page 1 of 4 OPjC!,q, � c WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2140 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 4-260, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-260 (3700 River Boulevard), 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 4-260 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 e ga�F_ Page 2 of 4 C � o ORIG6'VAf.� 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. Fa�TF, 0 Page 3 of 4 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by he Council of the City of Bakersfield at a regular meeting thereof held on J by the following vote: NOES: ABSTAIN: ABSENT'. ✓ ✓ ✓ COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER COUNCILMEMBER COUNCIL MEMBER f.(11INfll AAFAARFR JULIE DRIMAKIlik MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUN 15 2022 By J KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY C-A� J SHUA RUDNICK eputy City Attorney Attachments: Exhibit "C" Exhibit "G" Exhibit " 1 " Exhibit "D" Exhibit "H" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit " F" oFeAo<Tz Page 4 of 4 m ORIGIN.{" PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-260 Fiscal Year 2021-2022 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 3700 River Boulevard 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 Price Index. However, parcels will not be assessed until park and/or street landscaping have beeQn ,AK, EXH WT,.j„ o 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: AAL GREGG STRAKALUSE Public Works Director City of Bakersfield of 9AKT" EXMNTAL� LEGAL DESCRIPTION Area 4-260 An area located in Section 17, Township 29, Range 28 M.D.B. 6 M., more particularly described as follows: Grading Permit No. 21-40000085 3700 River Boulevard Bakersfield California Containing: 42.05 Acres, more or less. C 6 K `n EXHIBO A TV oRIGrNIIL� MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-260) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA FANO(WM O(6E �re is MD 4-260 N ,,C,� NOT TO SCALE O' EXHIBIT 13° uo �M s ORUIN EXHIBIT "C" CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance Distnct 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. 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 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(Tierj: 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 EDUI) + ((sheet Rate x Street Vert x EDU) +(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 on 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 BA fiF EXHIBIT C DA1GLNgL� 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. Bakers0eld Municipal Cade 13.04.022 fat: "No final map or certificate of compliance for o 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 4.36 J#72.6 1.82 0.2 Commercial / Industrial / Mixed Use 6 EDU per gross acre Agricultural: I EDU per gross acre o`` e A,(,, EXHIBIT ORIGINAL MAINTENANCE DISTRICT AREA 4-260 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 of gAKF a EXHIBIT �aPiciu 6 MAINTENANCE DISTRICT AREA 4-260 ASSESSMENT ROLL FISCAL YEAR 2021-2022 Assessor's Tax No. Total amount to be collected for FY (2021-2022) 123-370-01-00-7 $0.00 123-370-03-00-3 $0.00 123-370-04-00-6 $0.00 123-370-06-00-2 $0.00 123-370-07-00-5 $0.00 123-370-08-00-8 $0.00 Total $0.00 o�gANc�� EXHIBIT Inclusion of a Subdivision into the Consolidated Maintenance District 02/24/2022 City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Inclusion of Grading Permit No. 2140000085 (3700 River Boulevard) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Grading Permit No. 21-40000085 (3700 River Boulevard) 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, es ca Mar President o``OaRF y^ Gree Io R BNd Gnenlaw so .hweet rn 370C e aid ? 1,3 ) EXH�fti� o makes ea C1,93K-, ,ain= ,` A (!.>SSL' NAL CP.ce, (1.) 324-97S Office: (66 34 tld20 FD+ 779 =Otl 31,11 RECORDING REQUESTED BY AND FOR THE BENEFIT OF THE CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY CLERKS OFFICE CITY HALL 1600 TRUXTUN AVE. BAKERSFIELD, CA 93301 MD 4-260 THIS SPACE FOR RECORDER'S USE ONLY No mmNing fee required: exempt pumuant to Government Code Section 27383 Government agency acquimg olle— exempt from Documentary Transfer Tax per R a T Cade 11922 GC 27388.1(aN1): Recorded dousment Rexprauly exempted from payment of recording fees (F80) Go agency) Existing Legal: See attached Exhibit "B' Map or Project Number. Grading Permit No. 21-40000085 ATN(s): 123-37"L 123-370-03, 123-370-04. 123-370-06.123-370-07. and 123-376-08 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on '�--)D 41, 2.0 iZ by Marshall E. Helm Cormomtion. a California corn omtioq in Bakersfield, herein after referred to as ("Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, CA. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights -of way within the district The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Department. Assessment is imposed in accordance with California Proposition 219 with the Consent of the Majority Property Owner(s) as can be seen on the ballot cast and attached as Exhibit'A'. Although this property may have been assessed a lesser amount in the present to year, the ultimate estimated annual assessment for maintenance of a public park and public landscaping based on full build out of this district, is $233.15 per equivalent dwelling unit, based on fiscal year 2021-2022 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior approval of the City of Bakersfield. Ibis covenant shall run with the land. Dated This: 1R(tkQC V 7—t) M Z— Marshall E. Helm Corporation, a California D NOTE: All wmer(s)fdswloperts) signatures must W nolari a i. City of Bakersfield: 'X�� ( * ( Gregg Strakaluse Public Works Director oFe�KF, y„ EXHIt'ffk,- CALIFORNIA CIVIL CODE § 1189 A notary public or otherofficer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of CalifoVrnnia County of !`W11 On FGhn lanl 24, WZL before me, CPZN fGGl /tdUri// reL Al afi7 hl 1pXh , ate /I ,r� ere ll� nsert Name TNe of Officer personally appeared LL� 1Pf K• O-W- Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that helshelthey executed the same in his/hedtheir authorized capacitAies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing S ,pulF+6M'uREZ paragraph is true and correct N 9ACPob WIRmnla xem Comm/ _ Corrr1 mn 0230e664 WITNESS my hand and official seal. W Y Comm. U,va, od la, gala Signature Place Notary Seal and/or Stamp Above SigmIture of Notary Pu OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. of Attached Document Title Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Trde(s): • Partner— O Limited ❑ eral ❑ Indt idual Attorney in Fact O Trustee ❑ Guardian or Conservator D Other. ❑ Car por scar—Title(s): ❑ Partner— O L ❑ General ❑ Individual ttorney in Fact ❑ Trustee ❑ Gu ' nor Conservator ❑ Other: Signer is Representing: 02018 National Notary Association gAKF) O EXH BIT'G Exhibit 'A' to the Covenant Disclosing Inclusion in a Maintenance District. PROPOSITION 218 BALLOT CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT This assessment ballot is for the use of the property owner of the parcel(s) identified below. which are proposed to be included in the City of Bakersfield Consolidated Maintenance District (CMD). 'Phis assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To be counted, this assessment ballot must be signed below by the owner or. if the owner is not an individual, by an authorized representative of the owner. [TO CAST THIS HALLOT, PLEASE RETURNTHIS ENTIRE PAGE] OFFICIAL ASSESSMENT BALLOT Property Owner: Marshall F. Helm Corporation, a California ero ration Property description: 3700 River Boulevard/A-PNs 1 ^_3-370-01, 123370-03, 123-370-04 123-370-00. 123-370-07, and 123-370-08 (Addre Rror ITs6)) The individual annual assessments for fiscal year 2021-2022 shall not exceed S 233.15 per equivalent dwelling unit plus any costs incurred by the City from the Count% Assessor's office for adding parcels to the 'Fax Roll. NOTE: In each subsequent year. annual assessments may increase by the cost of living reflected in the Los Angeles— Riverside -Orange County All Urban Consumers Consumer Price Index. ASSESSMENT BALLOT MEASURE Shall the City Council of the: City of Bakersfield include the above described ✓Yes property within the Consolidated Maintenance Dkriet and levy an asscssnent not to exceed O No the anounr set forth above? Owner Signature: (/ James a Mar Title afrepre.venting urenerh-„ Pre51d w DateL./ZdZZ EXHIT R OI` e`