HomeMy WebLinkAboutRES NO 132-2024RESOLUTION NO. 13 2 m 2 02 4
A RESOLUTION ADDING TERRITORY, AREA
5-132 (1821 LACEY 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 5-132 (1821 Lacey 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
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WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 2209 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 5-132, as shown and
designated on that certain map entitled "Map and Assessment Diagram for
Addition of Territory, Area 5-132 (1821 Lacey 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 5-132 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 2024-2025 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
is to be made for each year at the time the budget and
assessment is approved for the year in question.
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'ORONAL�
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
SEP 1 1 7074 by the following vote:
AY : COUNCILMEMBER ARIAS, GONZALES, , SMITH, FREEMAN, GRAY,-KAbR'
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
E(VT COUNCILMEMBERW49,.e 57 kCC" 14.
a I "' cN
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: SE P 1 12024
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
r
B
L4VR LLARDO-KINeputy City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit " 1 " Exhibit "D" Exhibit "H"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
u
y
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'ORIGINAL
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-132
Fiscal Year 2024-2025
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 1821 Lacey 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 some
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 ��onsumer Price
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' EXHIBIT 1
ORIGINAL
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, ZAC MEYER, 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 2024-2025 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: ot-7-b0z'
74"EYER
cting Public Works Director
City of Bakersfield
OORIG,,,,, EXHIBIT 1
LEGAL DESCRIPTION
Area 5-132
An area located in Section 12, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
SPR 22-0207
1821 Lacey Street Bakersfield California
Containing: 1.03 Acres.
EXHIBIT A r
O®RIGINF.L
N
NOT TO SCALE
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-132) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
EXHIBIT "Br
FlE MD 5-132 SLIT 1 of 1
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 offhe 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-IOA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
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OQRIGINAL
EXHIBIT C
MAINTENANCE DISTRICT AREA 5-132
Said assessment is made in accordance with the benefit formula attached hereto.
2024-2025
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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EXHIBIT D
I
i
MAINTENANCE DISTRICT AREA 5-132
ASSESSMENT ROLL
FISCAL YEAR 2024-2025
Assessor's Tax No.
02317112009
02317114005
0
Total
Total amount to
be collected for
FY (2024-2025)
$0.00
$0.00
$0.00
$0.00
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M
EXHIBITZ�21QINAP
RECORDING REQ`UESTED,'
3Y
AND Fo THE!EFIT OF THE CITY OFiBAKEkSFIEW
WHEN -RECOR D.mAILJO:
CITY CLERKS --OFFICE
CITY J70"
1. WIR -AVE.'
BAKERSFJELQ,, CA 93301
No. ' recording -fee required: exempt pursuant to
GoVernrnenf%61da.'S ion 27383
Ppvetfiment-,b'., qcquiring title — exernptfrorn
Documept8iY7, ansfer Tax pe r R & T Code 1,1922
-GC 27-3890(a)(1).z ketorded document is expressly
exempt4d,:from payrnerl . t -of recording fees (F13O) Govt. agency)
THIS SPACE. FOR RECORDER'S USE ONLY
Existing; X.,,,,,epL- See Attached: Attachment I
Map 6iVr ofNuinber: SPR #,22-6207
ATN(s):_ 22.3-171-112-00-0. 023-171-44-00-5;
COVENANT DISCLOSINGENCLUSION IN MAINTENANCE DISTRICT
TIRS COVENANT is executed on by Candela Rentals, LL , in
Bakersfield; ;herein after referred, to as "Owner'), in :connection with the Consolidated Maintenance District,
located' th' Cib' in ., j0 1 ery- o,, akeirsfield, CA..
The: eatpr9perty herein,describedlocated withintheConsolidated MaintenanceDistrict and maybe
assessed .on -am ongoing, yearly basis for maintenance of a -public park and landscaping on public tights -of way
within the. Wmtfiei. The, appropriate Street and Park Tiers will be assigned by the. Parks and Recreation
Department. Assessment is, imposed in accordance with California Proposition 218 with the Consent of the
lvlajorityPropertyOwner(s} as, can be seen on the ballot cast and attachedasExIii.bit'A'.
Afthough this property may have been assessed a lesser amount in the -present tax year, the ultimate
estimated-annual,4p
assessment for maintenance of a public. park and public landscaping based on full build out
of this. &tri'ct is $27�.75 per, equivalent dw-elli - -unit, based on fiscal yeau2024-2025 dollarsund labor. costs
Wa I 11�9
of the. district, Id each subsequent. year. annual. assessments- inay by the cost of living reflected in the
Los. Angeles:- ftivetside, -r Orange County
All Urban, Consumers Consumer Price Index. (See Bakersfield
pity Council Resolution No, GI 9-05.): This covenant May not be. dinende-d of 'i-nodified. without the prior
approval of the. City of Bakersfield. This; covenant shall ran with the -land.
Dated This_'. 7^2_0, 2-!4
Candela R.e.ntals, LLC
VA MW
- LiliaJ dtfitta'nd'ela
Own,er
City of Bakersfield:
Gregg -Straraluse
Public WorKs Director
EXHIBIT F
NOTEMl notarized.
_pckr ppr(s): signatures must be notar
ACKNOWLEDGMENT
A hoary pblrc or other officer completing this
certrfi,cate wenfies.only the identity Of the individual
whr s`�c rted the document to=which this certificate Is
attach 4 Arid riot the truthfulness, accuracy .'or
valid' of that document.
Stateof lifomia
tanJAoult, i "Z, ZU21�i before me,
(insert name and`tifle off a officer)
personalty appeared
.wha, red to me o17 the basis of satisfactory evidence to be the persoh(s) Whose. name(§) are
subscribed to the within instrument and acknowledged to the that hel5hefthey executed the" same -in
hrsfhe heir�autho`riz6d "capacdy(ies), and that by his/t .erftholr signature($) on the instrument tho
person(§}t:er the entity upon behalf of which "the persons) "acted, executed the instrument.
f certify tinder PENALTY OF PERJURY under,thelaws of the, State of California that the for-egoing.
paragraph>is true and correct
WITNESS my hand and, official seal:
" Ct7MNt #2$17�515
WrAWPUBUC! 1lFt?RNU J,
Sign(Sea!)
� � Ronirrio, oct=fi,2t)n�
ore - .� ° - .
EXHI= F o
00RIGINA,L
ATTACHEMENT 1
THE FOLLOWING DESCRIBED PROPERTY IN THE CITY OF Bakersfield, County of kern, State of California:
THE EAST 200 FEET OF THE WEST 790 FEET OF THE NORTH 330 FEET OF THE SOUTH 750
FEET OF THE EAST 1320 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 12, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,. ACCORDING TO THE
OFFICIAL. PLAT OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND
MANAGEMENT.
EXCEPTING THE EAST 50 FEET OF THE WEST 790 FEET OF THE NORTH 330 FEET OF THE
SOUTH 750 FEET OF THE EAST 1320 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO
MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU
OF LAND MANAGEMENT.
ALSO EXCEPTING THEREFROM AN UNDIVIDED Yi INTEREST OF ALL OIL, GAS, ASPHALTUM AND OTHER
HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER SAID LAND, AS RESERVED IN THE DEED
FROM FRANK SIMON, ET UX, DATED DECEMBER 14,1951 RECORDED MARCH 14,1952, AS TO THE WEST
70 FEET OF SAID LAND.
ALSO EXCEPTING THEREFROM AN UNDIVIDED % INTEREST OF ALL.OIL, GAS, ASPHALTUM AND OTHER
HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER THE EAST 130 FEET OF SAIDLAND BY
DOCUMENT RECORDED APRIL 30,1984 IN BOOK. 5653 PAGE 1363, OF OFFICIAL RECORDS.
EXHIB' F
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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
(CHID). 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
owner or, if the owner is not an individual, by an authorized representative of the owner.
[TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE]
OFFICIAL ASSESSMENT BALLOT
Property Owner: Candela Rentals, LLC
Property description: 1821 Lacey Street.I ATN(s): 023-17.1-12-00-9, 023-17144-00-5
(Address. &!or AMA))
The individual annual assessments for fiscal year 2024-2025 shall not exceed $272.75 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-Riversido--Orange County/All Urban
Consumers Consumer Price Index.
ASSESSMENT BALLOT MT EASURE
Shall the City Council of the City of
Bakersfield include the above described ✓ Yes
property within the Consolidated Maintenance
District and levy an assessment -not to exceed O No
the amount set forth above?
Owner Signature:
Li ' Ortiz Candela
Title (if representing own.er): Owner — Candela Rentals, LLC
Date: f/ I / r.2 q m
`�®pIGIND �-
EXHIBIT G
Inclusion of a Subdivision into the Consolidated Maintenance District
City of Bakersfield - Public Works. Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of SITE PLAN REVIEW # 22-0207 (1821 Lacey Street) in a
Consolidated Maintenance District (CMD)
We,. the undersigned, as owners of the property included within SITE PLAN REVIEW
# 22-0207 (1821 Lacey Street) 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 $1,069.00 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,
Lilia Ortiz Candela
Owner
Candela Rentals, LLC
Date
EXHIBIT H��
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