HomeMy WebLinkAboutROI NO 2126RESOLUTION OF INTENTION NO.2126
A RESOLUTION DECLARING INTENTION TO AMEND AREA 4-
69 TO ADD TERRITORY (100 E CALIFORNIA) TO THE
CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING THE PUBLIC
WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE
ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND
THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL. (WARD 2)
WHEREAS, 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");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or 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 the zoning, usage, and
size of .the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
amend territory, Area 4-69 to include ATN #016-500-01-00-3, and 016-500-02-00-6) to
the CMD. Said area is generally described in Exhibit "B" attached hereto, to maintain
local improvements including a public park and public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit "1," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A";
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b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C';
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E'
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; 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 City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is 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.
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I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
FEB 2022 by the following vote:
AYE - COUNCILMEMBER ARIAS, GON<LES, WEIR, SMITH, FREEMAN, GRAY,41RE=
OES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER PAEL(kig
i"—L�p2na-
ALIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: FEB 2 12022
By a 1-.., /
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By:
J A RUDNICK
Deputy City Attorney
Attachments: Exhibit"]"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit 7"
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PUBLIC WORKS DIRECTOR'S REPORT
AMENDMENT OF TERRITORY, AREA 4-69
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 100 E. California Avenue and as shown on Map and Assessment Diagram
marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set
forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements thereto
which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" 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 been bNKS,9,
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installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, GREGG STRAKALUSE, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2021-2022 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit. "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to
pay the cost of maintenance and operation in said area.
Public Works Director
City of Bakersfield
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EX H I MRIVNAL�'
LEGAL DESCRIPTION
Area 4-69
An area located in Section 29, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
Parcel Merger 21-0134
100 E. California Avenue Bakersfield California
Containing: 17.32 Acres, more or less.
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EXHIBIT A'
` ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR AMENDING OF TERRITORY
(AREA 4-69) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
MD4-69
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NOT TO SCALE
EXHIBIT "BA
fltC MD 4-69 SHEET l or i C.7
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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
(EDU): page 2 of this exhibit) for the parcel.
Multiplied by The factor for the tier level, which equals the street or tier
(Tier): number. This tier is assigned by 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 MUD + ((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.
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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.
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
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
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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:
R-S
4.36
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S-10A
1 0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
MAINTENANCE DISTRICT AREA 4-69
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) **
Less: City Contributions
NET AMOUNT TO BE ASSESSED
** Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
$0.00.
EXHIBIT Do�tiax�9�
"ORICINO
MAINTENANCE DISTRICT AREA 4-69
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
016-500-03-00-9 $0.00
016-500-01-00-3 $0.00
016-500-02-00-6 $0.00
Total $0.00
EXHIBIT Eo��aKF9s.�
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OORIGINAO
Inclusion of a Subdivision into the Consolidated Maintenance District
FM Baker, LLC, a California limited liability company
YBG Baker, LLC, a Delaware limited liability company
c/o Franklin B. Mandel
290 West End Avenue, Suite 1C
New York, NY 10023
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Amendment of Consolidated Maintenance District (CMD) 4-69 for Parcel
Merger No. 21-0134 (100 E. California Avenue /ATN: 016-500-03-00-9)
We, the undersigned, as owners of the property included within Parcel Merger No.
21-034 (100 E. California Avenue) hereby request that the existing CMD 4-69 be
amended to include ATN: 016-500-01-00-3 and 016-500-02-00-6. This request is in
accordance with the requirements of Bakersfield Municipal Code Section 13.04.021.
If requested, our engineer will supply you with a computer disk copy of the map for
your use.
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is scheduled for ,
20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave.; Bakersfield, CA
30 931. We hereby waive our right to further notice of that hearing.
Respectfully,
FM Baker, LLC, a California
limited liability company
Mott n It n
President
YBG Baker, LLC, a Delaware
Limited liability company
Harold Kaufman
Manager
EXHIBIT F o�aPKFq�
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Inclusion of a Subdivision into the Consolidated Maintenance District
FM Baker, LLC, a California limited liability company
YBG Baker, LLC., a Delaware limited liability company
c/o Franklin B. Mandel
290 West End Avenue, Suite 1 C
New York, NY 10023
City of Bakersfield - Public Works Department
.Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Amendment of Consolidated Maintenance District (CMD) 4-69 for Parcel
Merger No. 21=0134 (100 E. California Avenue /ATN: 016-500-03-00-9)
We, the undersigned, as owners of the property included within Parcel Merger No.
21-0134 (100 E California Avenue) hereby request that the existing CMD 4-69 be
amended to include ATM 016-500-01-00-3 and 016-500-02-00-6. This request. is in
accordance with the requirements of Bakersfield Municipal Code Section 13.04.021'.
If requested, our engineer will supply you with a computer disk copy of the map for
your use.
We understand that. under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is.scheduled for ,
20_ at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
FM Baker, LLC, a California
limited liability company
Elliot L. Shelton
President
YBG Baker, LLC, a
Limited liability core
Harold K+
Manager
EXHIBIT kkR""F�s
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern ) ss.
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 28th day of February, 2022 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 2126 passed by
the Bakersfield City Council at a meeting held on the 23rd day of February, 2022 and
entitled:
A RESOLUTION DECLARING INTENTION TO AMEND AREA 4-69 (100 E
CALIFORNIA) TO ADD PARCELS (ATN 16-500-01-00-3 AND 016-500-02-00-6) TO
THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA,
AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH
PARCEL. (WARD 2)
JULIE DRIMAKIS, MMC
City Clerk'and Ex Officio of the
Council'of the City=of'Bakersfield
D City Clerk
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