HomeMy WebLinkAboutROI NO 2143RESOLUTION OF INTENTION NO.2143
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-266 (235 MT VERNON AVENUE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
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, 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 add
territory, Area 4-266 (SPR No 21-0096) 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";
QAPROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-266\110I 2143 ADDING AREA 4-266 TO THE CMD.docx
Page 1 of 3
` 0RIG!NA
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.
QAPROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-266\110I 2143 ADDING AREA 4-266 TO THE CMD.docx kQ,RK�c�
Page 2 of 3 o s�
� �n
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
JUN 012022
by the following vote:
AYES: COLINCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARME
NO COLINCILMEMBER
AB N: COLINCILMEMBER
BSEN COLINCILMEMBER I-QJL
JOLIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: JUN 0 12022
By _�;;eaAldsn
KA EN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
A RUDNICK
y City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit "1" Exhibit "D" Exhibit "H"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Q:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-266\ROI 2143 ADDING AREA 4-266 TO THE CMD.docx o�g AK�ca�
Page 3 of 3
'ORICINO
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4r266
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 235 Mt. Vernon 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 "B" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have beeon�bAKE;,
EX H 1 C1`bh,JNAL�
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above -
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, GREGG STRAKALUSE, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2021-2022 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to
pay the cost of maintenance and operation in said area.
Dated: o��--
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
s
EXH I BFERILINAL"
LEGAL DESCRIPTION
Area 4-266
An area located in Section 34, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
SPR No. 21-0096
235 Mt. Vernon Avenue Bakersfield California
Containing: 4.66 Acres, more or less.
EXHIBIT A
'ORIONAL'
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-266) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
EXHIBIT 13"
Fm MD 4-266 s EET i or i ��
r-
`�ORIGlNRLc
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 Dist(ct.
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.
PK
EXHIBIT C
rf'
� r-
`�ORIGINALp
, lIVNIEJ180�
J
w -a
s��xtl��o 3 1181HX3
aaoo ssa6 jad na3 l :lojnllnou6y
ano ssoj6 jad na3 9 :asn paxlyq / loulsnpul / loloiaww03
1'0
`do L-S-N
Z'0
`dS-S-N
7'0
VS'Z-S_N
L
V L-S-N
Z8' L
S-N
9E'7
:3
9'ZL
7-8
9817E
E-8
Z7'L L
Z_N
9Z'L
L-N
aaoo ssoj6 aad s,na3 auoZ
:ajo salllsuap aso41 -ldaa 6uiuupld plagsialog to All3 94l Aq pasn so Allsuap
Ipollajoa4l xrow 1p 6uluozna4l uo pasoq s,na3 pau6lsso aq ll!m alols loinlou sl! ui puna6 padolanapun
ajoy jad na3 9 :(asn paxlyq / loulsnpul / lopiawwoo)
llun jad na3 LL' :slaojod loiluaplsab AllwollllnVgl
lol / aoodS jad na3 L :s)aod awoH allgoW
laojod jad na3 L :slaojod lolluaplsad Allwoj albulS
*asn luauno jo 'dow
'suold na41 jad so ells ala41 uo sllun lonloo jla41 Aq passasso aq ll!m slaojod padolanaa *uollowJol to awll
a41 to ells 94l to suolllpuoo a4l loallaj Alalonbapo of tiossaoau so sjuawaaa6o jo suolllpuoo loloads uan16
palsnfpo aq oslo �(ow s,f1a3 'Aollod BulMopol a4l Oulsn pau6lsso aq 1Io4s (na3) sllun bu!IIaMa lualonlnb3
-I!Lwad asp lr)uolllpuoz) o Jo 'luawpuawy uold
lr»auaO o 'a6u04Z) auoZ 'suolllpuo3 MalnaN uold al!S :lo liod so tiossaoau sl sl41 saun.walap 901s AP3 •E
„,JanloM dow laojod jo dow lou!l a4l Aq paJanoo
oajo a41 jol loaroid luawdolanap 94l to lonaddo to uolllpuoo o so pannbaj �jod ollgnd /quo to pup AoM
-10-4461J ollgnd a41 u! buldoospuol Auo to aououalulow ajnlnl Ilo col apinad of loulslp aououalulow o to
luaw4sllgolsa luasgp papooai aq Aow JanloM dow laojod o jol aouolldwoo to aloogpeo jo dow lquy ON.
T.57 ZZO'ti0'£L apo:) JDCli5junW plegsja)Iog •Z
„'Allo a41 Aq tiossaoau pawaap
aJayM MalnaJ uold ells 6uunp jo 'llwjad asn louolllpuoo jo 'llwaad 6ulpoib jo 'luawpuawr) uold lojaua6
jo 'aBuo4o auoz o to uolllpuoo o so sluawnoop loulslp aououalulow a41 6ullopdn jo 'loulslp aououalulow
o o buiuiof Jo 'loulslp aououalulow o to uollowjol bullsanbai wojl Alp 941 apnloaJd po4s 6ulu1oN
-sliod ollgnd jo/puo AoM-4o-l4Bu ollgnd a4l ui buldoospuol wojd 149uaq l041 pup lo`d dr)W uolslnlpgnS a4l
of loargns ajo Io41 sluawdolanap Mau llr) loulslp aououalulow o ulyl!m apnlou! of Alp a4l to Aollod a41 s! ll„
: LZOTO'£ L apoa to lzlunW PI9OsJa)lo8 • L
:sjn000 suolllpuoo
Molaq a41 to Auo l! loulsla aououaluloW palopllosuoD plagsja�o8 to AllZ) a41 of pappo aq Aow laojod y
MAINTENANCE DISTRICT AREA 4-266
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
'kgAKF,�
EXHIBIT 13�-�
OORIGINO
MAINTENANCE DISTRICT AREA 4-266
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
141-300-01-00-8 $0.00
0 $0.00
0 $0.00
Total $0.00
EXHIBIT Eo"�AK��s
F
April 19, 2022
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 No. 21.0096 in a Consolidated Maintenance
District (CMD)
We, the undersigned, as owners of the property included within Site Plan Review
No. 21-0096 hereby request that the property be included within the CMD. This
request is in accordance with the requirements of Bakersfield Municipal Code
Section 13.04.021. Enclosed is a check for $ 924.00 as required by the City to cover
the costs of this inclusion into the CMD. If requested, our engineer will supply you
with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is scheduled for ,
20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
933Q1. We hereby waive our right to further notice of that hearing.
Re ectfully,
6
Am rind r Singh
Chief Executive Officer
Freon Logistics,. Inc.
1215 L Street, Bakersfield, CA 93301 +1 6612156601 www.freongroup.com
RECORDING REQUESTED BY
AND FOR THE BENEFIT OF
THE CITY OF BAKERSFIELD
1►JI:L��I:Ix�i7:��1�7�ril:\l�C�i;
CITY CLERKS OFFICE
CITY HALL
1600 TRUXTUN AVE.
BAKERSFIELD, CA 93301
MD 4-266
THIS SPACE FOR RECORDER'S USE ONLY
No recording fee required: exempt pursuant to
Government Code Section 27383
Government agency acquiring title — exempt from
Documentary Transfer Tax per R & T Code 11922
GC 27388.1(a)(1): Recorded document is expressly
exempted from payment of recording fees (FBO) Govt. agency)
Existing Legal: The west half of the .southwest quarter o the southwest quarter of Section 34, Township 29
south, Range 28 east, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, according
to the official plat of said land approved by the Surveyor General on February 28, 1855
Map or Project Number: SPR No. 21-0096
ATN(s): 141-300-01-00-8
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
TIIIS COVENANT is executed on a�- by Freon Logistics.
Inc., in Bakersfield., herein after referred to as ("Owner"), in connection with the Consolidated Maintenance
District, located in the City of Bakersfield, CA.
The real property herein described is located within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis. for maintenance of a public park and landscaping on public rights=of way
within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation
Department. Assessment is imposed in accordance with California Proposition 218 with the Consent of the
Majority Property Owner(s) as can be seen on the ballot cast and attached as Exhibit'A'.
Although this property may have been assessed a lesser amount in the present tax year, the ultimate
estimated annual assessment for maintenance of a public park and public landscaping based on full build out
of this district, is $233.15 per equivalent dwelling unit, based on fiscal year 2021-2022 dollars and labor costs
of the district. In each subsequent year, annual assessments inay increase by the cost of living reflected in the
Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price Index. (See Bakersfield
City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior
approval of the City of Bakersfield. This covenant shall run with the land.
Dated This: V I q D
Owner(s)/Developer(s): City of Bakersfield:
�A, A- -
Amari. er Si gh Gregg trak se
Chief xecutive Officer Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
o _ .
EXHIMI G o
ORIGINAL
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 Kern
County of )
On April 19 2022 before me, Cynthia Lopez, Notary Public
(insert name and title of the officer)
Personally appeared Amarinder Singh Gorwara
who proved to me on the basis of satisfactory evidence to be the personj"hose nam6K is/arL6
subscribed to the within instrument and acknowledged to me that he/shftey executed the same in
his/h6r-/their authorized capacity, and that by his/Wtheir signatures-bn the instrument the
personW, or the entity upon behalf of which the personf syacted, 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.
Signature
(Seal)
CYNTHIA LOPEZ
COMM. #2381510 z
�. Notary Public • Califomia .o
z „ Kern County
M Comm. Expires Nov. 3, 2025
�.0AK,,q
EXHIBIrr Grn
'OR IG;NA
Exhibit `A' to the Covenant Disclosing Inclusion in a Maintenance District.
PROPOSITION 218 BALLOT
CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT
This assessment ballot is for the use of the property owner of the parcel(s) identified below,
which are. proposed to be: included in the City of Bakersfield Consolidated Maintenance District
(CMD). 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: Freon Logistics, Inc.
Property description: 235 Mt. Vernon Avenue/ATN 141-300-01-00-8
(Address .&/or ATN(s))
The individual annual assessments for fiscal year 2021-2022 shall not exceed S 233..15
per equivalent dwelling unit plus any costs incurred by the City :from the County Assessor's
office for adding parcels to the. Tax Roll. NOTE: In each subsequent year, annualassessments
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 anassessment not to exceed O No
the amount set forth above?
Owner Signature:
Title (if representing oivner): Chief Executive Officer, Freon Logistics, Inc.
Date: �� g
1k$PKF9
EXHIBIT_ I �n
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 8th day of June, 2022 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 2143 passed by
the Bakersfield City Council at a meeting held on the 1st day of June, 2022 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-266 (235 MT
VERNON AVENUE) TO THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY 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)
JULIE DRIMAKIS; MMC
City Clerk and Ex Officio .of the
Council of -the City- of Bakersfield
S ADOCUM ENTTFORMSWOR ROI.wpd