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HomeMy WebLinkAboutRES NO 093-2024RESOLUTION NO. 0 9 3 ®2 ®2 4 A RESOLUTION ADDING TERRITORY, AREA 4-288 (529 DOLORES STREET) 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 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 4-288 (529 Dolores Street) 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 o�'bAK's-o i- rn OGPGINPL� WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2204 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 4-288, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-288 (529 Dolores Street), 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 4-288 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 at 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 2023-2024 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 o %RIGINA.R_ 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 > M OGRIGINAL 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 JUN 2.6 2024 by the following vote: COUNCILMEMBER ARIAS, GON'�ALES;iA-R, SMITH, FREEMAN, GRAY, KAUR NOES: COUNCILMEMBER AB IN: COUNCILMEMBER COUNCILMEMBER J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUN 2 6 2024 By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY Deputy City Attorney Attachments: Exhibit "C" Exhibit "G" Exhibit " 1 " Exhibit "D" Exhibit "H" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" U Page 4 of 4 '00RIGINAL PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-288 Fiscal Year 2023-2024 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 529 Dolores Street 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 Price EXHIBIT 1 `30RIGINAL 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 2023-2024 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 OoRIGIPdO EXHIBIT 1 LEGAL DESCRIPTION Area 4-288 An area located in Section 29, Township 29, Range 28 M.D.B. & M., more particularly described as follows: Parcel Merger 23-0192 529 Dolores Street Bakersfield California Containing: 2.93 Acres, more or less. EXHIBIT A > m `30RIGIIN MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-288) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA Dq MD4288 N 0 NOT TO SCALE y m r_ r ``30R!G1NAL EXHIBIT "B" FLE: MD 4-288 sau i m 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 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. 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-5A 0.2 R-S-10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT C � m � r INAL MAINTENANCE DISTRICT AREA 4-288 Said assessment is made in accordance with the benefit formula attached hereto. 2023-2024 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. U OGF?!GINAC EXHIBIT D MAINTENANCE DISTRICT AREA 4-288 ASSESSMENT ROLL FISCAL YEAR 2023-2024 Assessor's Tax No. Total amount to be collected for FY (2023-2024) 016-330-01-00-4 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E RECORDING-OEQUES-rEDSY ANap6k THE BENEFIT THE Cl TYx OFOAjo;*ELD W,H FNIR -EC ,OMIE , D MAILTO: I R - CITY iXIFAIKS.'OFFICE. CITYtIALL 1600 TRUXTLK AVE. BWRM FX, �q 0 ,Q;,PAI�9 3 1 M04-188- No tecording required: exempt pursuant -to Govemm4nib%6ode,6ection 27383 Govemmenf agenc- y acquidnglitI6 — exempt Rom Documentar & TCode l 1922 Recorded documentis'expressly, exempted friim payment of recording fees-(FbO) Govt. agency) 'Ear's, ting Ugskb U.Project THIS SPACE: FOR RECORDER'S USE ONLY THM COVENANT is executed on by Open Door Network, California, Nonprofit. Public Benefit.. C ersA'd, fiefein, after referred to as ("Owner"), in �o noratio , in Bakers el connection *iiththe Consolidated Maintenance District, located, in the City! of Bakersfield, CA. The;real property herein described islocated' within the Consolidated Maintenance District -and may' be assessed ,40-40-q_going'n yeay rl basis tbir'� -maintenance, of a public. park- and landscaping;.on public rights-xof way ,. a *ith11`n1"i,be'!'district. The appropriate, Street, and Park Tiers will be assigned by: the Parks and Recreation Department. Assessment is, imposed in accordance with California Proposition 2-18 with the Consent.of the Prop can be seen on th6hallotcastAnd attached as Exhib Maj0n ert y0wmer(0� 8 Although. this Property may. have been assessed a. lessa amount in the present, tax year,, -the ultimate es1:Jmated:,annua1 assessment for maintenance of a,publiepark and public landscapingbased build out 'of this .district; :is,$262.20perequivalent dwelling kcal year 1021� unit, based on fiscal 2024 dollars and labor costs of the: distrait.- Ja each subsequent -year, annual assessments niay° increase by thecost ofliving reflected.in, the Los Ang eles` - Riverside - Orange County / All Urban. Consumers Consumer Price Index(See Bakersfield City, Qpuncil Resolution No.-, 019::05.), This covenant may not be amendedbr modified without the prior. _v, approval o0fid City bf`'Bakersfiefd. This covenant shall run with the land. Dated This:, Open bdGr Network -a Cafifi i N, - - fit Public- Benefit Corporation 1: prnia; _onpro Lla*KSki riiom City, ofBakersfiel& Gregg Stra'I;Muse Public Works Director 'OPIGINAU� EXHIBIT F NO-M A11'own&#i)10ev41qper(.j) signatures, must be rvotarked. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary publicor 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 ATE.OF CALIFORNIA COUNTY OF pti-J `)` On�KU6k l' 242 efore me, /K.9 Notary ;,Public, —� Date (here insert name and title of the ollicer) i i !personally appeared LA k rto .- S ,who proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 1 I subscribed to the within instrument and acknowledged to me that he/she/they executed the same ; din his/her/their authorized capacity(ies), 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 .paragraph is true and correct. t WITNESS my hand and official seal. I i ISi afire: (Seal) i Description of Attached Document ,,`Title or Type of Document: i Document Date Other: OPTIONAL MIN *my M. 5, BURTCHER Notary Public- CaliforniaKern County F.Commission # 235397E Comm. Expires Apr 10, 2025 Number of Pages: EXHIBIT F EXHIBIT "A" Legal Description For APN/Parcel ID(s): 016-330-01-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOTS 1 TO 32 INCLUSIVE OF BLOCK 220 OF THAT PORTION OF THE CITY OF BAKERSFIELD, FORMERLY KNOWN AS THE TOWN OF KERN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP FILED JANUARY 12, 1889 IN BOOK 1, PAGES 15 AND 16 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THE ALLEY 20 FEET IN WIDTH RUNNING NORTHWESTERLY THROUGH SAID BLOCK 220, AS SHOWN ON SAID MAP, AS VACATED AND ABANDONED BY RESOLUTION OF THE CITY OF BAKERSFIELD, RECORDED MAY 9, 1956 IN BOOK 2604 PAGE 573 OF OFFICIAL RECORDS. o -^ EXHIBIT F Condition of Title Guarantee CLTA Guarantee Form No. 28 (D610512014) Printed: 02.06.23 @ 11:36 AM Page 3 CA-CT-FWKN-021B0.054541-SPS-1-23-FWKN-TO23000128 - aftiteinii F401bit `A'%tothe Covenant Discloging Lielusionin a M' tice'vistrief.. PROP091TION118 BALLOT MY 0PBAKERSF1,ELD CONSOLIDATED AU I ME1 T This.,;agsesstftent ballot is for the. use of the property owner of, the-parcol(s) identified belowi, *Ykh,avk prbpostd to 'be included in thp;Cit_y of Consolidated Maintenance District MThus Assessment ballot may be used' to express either, sqpport, for or, opposition to ,iitclUGstzsn within., the CMD. To' be, counted, this: assessment .ballot must be, signed, 'belowby the oww or, ifft owner is not an "individual, by �an.authoi I ized.r.epresentative of the owner. [TO COT TBIS BALLOT PLFUSE RETURN THIS ENP199P,"' OFFICIAL ASSESSMENT BALLOT ,roperty, Owner Open Door Netwak-z, Califotnia,'Nonprofitpublic: Benefit, Corporation Property .description: 529,Dolores `9treetl-A-T'N., 016=330-01-00,4 eodilw oor "4TN40 lu -in, 41viduat annual assessments fiscal ye-Jar'20(23:-2024;shalf not exceed $16210 per e4dObtlerit: dWelling, unit plus, any costs' incurred by the City from the County Assessor's office I to .the Tax Roll. MOTE: -yearjannua .assessments. may 'f Wding parcels _0 In each fincrdaskNy""4hecost oflivin— r-eflecte_d-1 i_n t_he, L �Ales�Riyerside�Orang& ll-Urban Cods0mets"Obrigumer Price, Index. ASSESSMENT IBALLOTM19,ASURE, Shall -the, City -Council of the City, of Bakersfi.'eW abOvddescr . ibed' ,"Yes; property withinthe'Consolidated Maintenance District and levy, an assessment.not.ki exceed 0 Na: the amount set forth above? EXHIBIT G lnclue.on,dfa:S-ub-di'vist-atI itito the Contol 1 1 1 dAted,11111611fitenance District Cify of Bakersfield - Public Works Department Attn,t, Manpreet S. -Biahl, Q.Ths n,Avenue 84k ld;Cal ltrhia, 9330 1 Dear 1111EtBeht; RE.', incluWon of Parcel Megot,23-,01,92 (529 Dolores Street} :inacdhsoiid6ted District (OMP) we, the :undersigned,. Is A. . I I I a owners of the property included within :Parcel Meger23- .0192't,5"Doldres- Street) hereby 'request that,the, property be included within 'the- CMt] This, request'is inaccordance with:,the,req uirements of, Bakersfie-ld, Municipal -Code Section ,13.04.021. Enclosed fs, far 03 alcbe c. k -.,.r $T,.0 as required, by theCity_3 0 _ to Cotter the. .costs of thit inclusion into the t(i .. if requested 0,11 our engineer gWptyyQu with a computer diskcopyof map ,for your use. Wunderstand-that under- Prop­dsitidn 2.1.6 and Governitent Code' section , " - O- sec.on:537,53, -or, pu . rpos . es?of including the, __p Iti,;,abje a City Council' hearing will be held, f 915096 property Athin the OM�-- arid,determining the amoun.tpfassessments. 11 We hereby wai-ve'our d4hi to'ha­v'e. a. h6aring, Withinthe time parameters Pet forth in the applicable law. VVefurther understand that the hearing is, scheduled for 20-, At S_- f6 the. Cdurip il Chambers 1p�pte in _O;cit-1,50,1.TruxtonAY6.ijB;akerstiia.tdl,"C,.A, 9330 further -notice -ofthan hearth-g. 1 51,4", We hereby waive right to Respectfully, 7 Open Door NeirtiQrk,, a- California Nonprofit Public 136n6fit Corporation EXHIBIT H 'ORIIGINAL'�'