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HomeMy WebLinkAboutRES NO 051-2023051`202-3 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4-275 (4198 UNION AVENUE) 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 4-275 (4198 Union Avenue), 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 �gAKF� 'ORIGINO WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2168 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 4-275, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-275 (4198 Union 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 4-275 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 "H") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2022-2023 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 81�AKr F- r OORIGIRIO 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. Page 3 of 4 O4�AK�iJ' 'ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on APR 2 6 2023 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ t/ ips: COLINCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KALIR COLINCILMEMBER ABSTAIN: COLINCILMEMBER ABSENT: COLINCILMEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: APR 2 6 2023 By '.'. '01A 6 oe KA EN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY VIRIDIAN GALLARDO-KING Deputy City Attorney Attachments: Exhibit "C" Exhibit "G" Exhibit " 1 " Exhibit "D" Exhibit "H" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Page 4 of 4 ®NK,,,s > m OORIG!NO PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-275 Fiscal Year 2022-2023 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 4198 Union 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 within parks 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 hardscaped and/or landscaped street 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, hardscaping and/or landscaping 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, hardscaping and/or landscaping 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 hardscaping and/or landscaping 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 P -VA ,p�, e- m EXHMINIL� Index. However, parcels will not be assessed until park and/or street landscaping and/or hardscaping median improvements have been installed. When park and/or street landscape and/or hardscaping median 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 and/or hardscaping median improvements 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 2022-2023 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: GREGG STRAKALUSE Public Works Director City of Bakersfield a- m ORIGINAL EXHIBIT 1 LEGAL DESCRIPTION Area 4-275 An area located in Section 20, Township 29, Range 28 M.D.B. & M., more particularly described as follows: SPR 21-0335 4198 Union Avenue Bakersfield California Containing: 0.39 Acres, more or less. EXHIBIT r� ORIGINAL CIRIGINAL 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 EDU)) + ((Street 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. EXHIBIT o��a�F�s� 00RIGINAL' 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, orjoining 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-SE"1.8'2'9 R-S-1 A 1 R-S-2.5A 0.4 R-S-SA 0.2 R-S-10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT o ,�,NKK ;,, > m F- r OORIG)NAL MAINTENANCE DISTRICT AREA 4-275 Said assessment is made in accordance with the benefit formula attached hereto. 2022-2023 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. M $0.00 $0.00 EXHIBIT Do����rs >. m � r ORIGINAL' MAINTENANCE DISTRICT AREA 4-275 ASSESSMENT ROLL FISCAL YEAR 2022-2023 Assessor's Tax No. 124-121-01-00-8 124-121-02-00-1 0 Total Total amount to be collected for FY (2022-2023) $0.00 $0.00 $0.00 $0.00 EXHIBIT E��aK� o s� 'QRIGINAI RECORDING REQUESTED BX AND FORTHE BENEFIT OF' THE CITY . ER "' 00,6* - ­SHELD WHEN RECORDED MAIL TO: CITY CLERKS OFFICE CITY HA I I—. LL 1600 TRUXTQNIAVE..AVE BAKER&IELD, CA . 9 1 3301 NID 44275, THIS SPACE FOR REC ORDER'S USEzONLY No recording fee required:: exempt pursuant to G6vemindnt Cdclia Section 27383' Government;agency acquiring title:- exempt -from bocumenta"tY. Trar.Wer Tax per RI& T'Gode 11922 GC 273a8.11(a)(1):'Pecorded document.is expressly exemptedfrom paynient of recording jeex (FBO) Goy-t agency) ExWngLegal: _See Attached Exhibit ALegal D Map or Project NvAmberp 9PR,21-0335 DISCLOSING THIS COVENANT is executed;oirf by SSSB 3 Corp, a California corporarion, in Bakersfield,, herein after ief&red to as ("Owner'), in connection with the. Consolidated Maintenance District,: located in the City of Bakersfield, CA. Therealproperty herein described, is: locatedvithin the Consolidated Maintenance District and maybe assessed on an ongoing, yearly basisfor maintenance of . a public park and landscaping onpublic;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 Propogition'218 with the, Consent of the Majority Property. Owner(s) as can be seen on`the, ballot cast and attached as Exhibit 'A!. Afthough thisproperty may have been, assessed a lesser -amount in the present tax year, the ultimate estimated. annual assessment for maintenance of a public park and.:public landscaping based on U1 build out of this, distri'ct; is $252.96 per equivalent dwelling unit, based on _figqat year 2022-2023, dollars and labor costs :of the, district.. In each subsequent . year, annual assessments may increase . by thecost of living, reflected in the Los Angeles - Riverside - Orange County I 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. This covenant shall -run with the: land. Dated This- 61 - zP 6,7 ;;WR S SSSB 3 Corp, a: California.corporation: GU-dnderPrft.S I . Basra Chief'Executilve Of .ber City. of Bakersfield,: Gregg,Strakalt,Se Public Works Director See Attached for' NOTE: All o%WnOr(s)id6V6loptr(t),s..i.gnatures..must - be notarized, Notary Certificate 3 EXHIBIT 1—ORICINAL0 CALIFORNIA, ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer 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 California County of Kem on before me, Jacqueline O. Cehua, NOTARY PUBLIC (Here insert name and title ofthe officer) personally appeared a1kmr y r D r 1 • 21& M , 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that byhis/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 paragraph. is true and correct. WITNESS my hand and official seal. *my JACQUELINE 0. CEHUA Notary Public • California Los Angeles County Commisslon; 2366736 Comm. Expires Jul 2f, 2025 Sw tnE omota yPubb, 1 (Notary seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMNT MW) _ '�v��r(trk ('title or description of attached document). e or d on of attach at coatianed) � �SfiC'�� N er of Pages _— Document Date 0b (Additional information) CAPACITY CLAMM BY THE SIGNER 13 Individual (s) Corporate Officer (Title) 11 Partner(s) p Attomey-in-Fact Trustees) El Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California a.e. certifying the authorized capacity of the signer). Please check the document carefully forproper notarial wording and attach this form f required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization mustbe the date thatthe signer(s) personally appeared which must.also be the same date the aclmowledgmentis completed. • The notary public must print his or her name as it appears within his or her commission.followedbyacomma andthenyour title(notarypublic). • Print the name(s) of document siguer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hekheJtheg;—i/are+or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different aclmowledgmentfa m. • Signature of the notary public must match the signature ou file with the office of the county cleric ce Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document ca Indicate title or type of attached document, number of pages and date. os Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (ie. CEO, CFO, Secretary). - Securely attach this document to the signed document 0 P K 2015 version CAPAv12.10.07 800473-9865 arn — EXHIST O.!GNIA 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 inah6 City of Bakersfield Consolidated Maintenance District (CMD) This 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 oYm or,, if the owner is, _no, t an individual, by an authorized representative of the owner. [TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE] OFFICIAL ASSESSMENT BALLOT' ;Property,. Owner. SSSB. 3Corp; a California corporation Property description: 4198 Union Avenue / ATN's .124421-01-M-8 & 124-121-02-604 - 1 16 &/bt nix The -individual annual assessments for fiscal year 2022-2023 shall' not exceed 252.96 per, equivalent dwelling unit plus any :costs incurred by the City from the County Assessor's " office for adding.. parcels to the Tax 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 District and levy an assessmez tnot to'exceed, 0 No theaamount setforth above? C f Owner. Signature::. Gurinderprt S: Basra Title (if representing;.owner): Chief Executive Officer, SSSB '3 Corp, a. California Corporation®A�F� Date:. G? m "�ORIGiNAL� EXHIBIT G Inclusion of a Subdivision. into the Consolidated Maintenance District SSSB 3 Corp, a California Corporation Gurinderprit S. Basra 724 Oak Street Bakersfield, California 93304 City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Inclusion of SPR No. 21-0335 (4198 Union Avenue) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners .of the property included within SPR No.21-0335 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 $ 984.00 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. Ily, Gurinderprit S. Basra Chief Executive Officer, SSSB 3 Corp, a California company Date �gAKF� o s.� EXHIBIT©WINAL'