HomeMy WebLinkAboutROI NO 2147RESOLUTION OF INTENTION NO.2147
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-259 (240 CHESTER 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 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 Directors 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 4-259 (Site Plan Review No 21-0229) 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 'l," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A" epKF
>
0:\PflOIERS\MAINDIST\Porma11on Doormenls\Nrea4\M06-359\ROI3107ADDING AREA 4-I59 TO THE CMD.tlocx � !o
U
Page 1 of 3 oq!c-N,^.r
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 "P';
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:
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.
pPKF
Q:\PROJOCTSAMAINDISAFormation Documents\Area 4\MD 4 259\ROI 2147 ADDING AREA 4-259 TO THE CMD dou fn
Page 2 of 3 q, _I IeIO
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the SUN 1 5120�[! the City of Bakersfield at a regular meeting thereof held on
by the following vote:
✓ ✓ ✓ r V ✓
COUNCILMEMBER AREAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
COUNCILMEMBER
ABSTAIN'. COUNCILMEMBER
ABSENT: COUNCILMEMBER
�K� 1
JULIE DRIM CIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: 1UN 15 2M
By 141
KAR N GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
t
JO/ HUA RUDNICK
8puty City Attorney
Attachments:
Exhibit "C" Exhibit "G"
Exhibit "I"
Exhibit "D" Exhibit "H"
Exhibit "A"
Exhibit "E"
Exhibit "B"
Exhibit "F"
oe6AKF9
Q,\PROJECTS\MAINDI5T\Eormation Documents\Area 4\MD 4 259\R012147 ADDING AREA 4-259 To THE CMD.dod r—
Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-259
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 240 Chester 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 ConsumW rkaf,
Index. However, parcels will not be assessed until park and/or street landscaping has beer
ORIGINAL
EXHIBIT 1
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: b t7)
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
of
fn
30RIGINAL
EXHIBIT 1
LEGAL DESCRIPTION
Area 4-259
An area located in Section 31, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
Site Plan Review No. 21-0229
240 Chester Avenue Bakersfield California
Containing: 2.13 Acres, more or less.
EXHI�T A.^
'OPIGINAL�
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-259) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
3
MD 4-259
CINMrl1MnW ..
aM �roe
RleM�nln _..
N
NOT TO $ Aa
EXI-Ierh§;IA`
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance Disrct shall be assessed the amount as defined below:
Rafe:
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 Ter" 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(Tiert: The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Assessment $• ((Park Rate x Park Vert x EDUII * ffstmef Rate x Street Uer) x EDUI • (County Feel
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.
6ATF
EXH�IT C "
RIGINAL�
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below
conditions occurs:
1 Bakersfield Munlctoal 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 Munloloal Code 13 04 022 (al:
"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, Zane Change, a General
Plan Amendment, or a Conditional Use Permit.
Equivalent Dwelling Units lEDU) 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:
I 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 4
726
E:
4.36
R-S
1.82
R-S-IA
1
R-5-25A
0.4
R-S-SA
0.2
R-S-10A
0.1
Commercial / Industral / Mixed Use: 6 EDU per gross acre
Agricultural: I EDU per gross acre
EXHIBIT Qr�
U
m
ORIGINqL�
MAINTENANCE DISTRICT AREA 4-259
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) " $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
- Previous Years Deficits No Longer Carried Forward,
F O�KFy
EXHIBI D
OFIGLNAL
MAINTENANCE DISTRICT AREA 4-259
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No.
010-250-19-00-2
Total
Total amount to
be collected for
FY (2021-2022)
$0.00
eARF `n
EXHIBIT
ORIGINAL
wuuoyu wK iv. c ,�c
Inclusion of a Subdivision into the Consolidated Maintenance District
SimonCRE JC ASU II, LLC, an Arizona
limited liability company
6900 E. 2nd Street
Scottsdale, Arizona 85251
City of Bakersfield - Public Works Department
Attn: Manpreet S. Bahl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of SPR 21-0229 (240 Chester Avenue) in a Consolidated
Maintenance District (CMD)
We, the undersigned, as owners of the property included within SPR 21-0229 (240
Chester Avenue) 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
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
kn.W
jZ,�dS�t.Ua Sildln,
Simon
Manager
EXHj#1Y,f
-ORGINAL
RECORDING REQUESTED BY
AND FOR THE BENEFIT OF
THE CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:
CITY CLERKS OFFICE
CITY HALL
1600 TRUXTUN AVE.
BAKERSFIELD, CA 93301
MD 4-259
THIS SPACE FOR RECORDER'S USE ONLY
No recording fee required: exempt pursuant to
Government Code Section 27383
Government agency acquimg title —exempt from
Documentary Transfer Tax per R A T Cade 11922
GC 27388.1(s)(l): Recorded document is expressly
exempted from payment of recording fees (FBO) GOA. agency)
COUNTY RECORDER OF SAID COUNTY.
Map or Project Number: SPR 21-0229
ATN(s): 010-250-19-00-2
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on JA A%. a2%L'a'� by SimonCRE JC
ASU II LLC an Arizona limited liability company, 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 $233.15 per equivalent dwelling unit, based on fiscal year 2021-2022 dollars and labor costs
of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the
Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price Index. (See Bakersfield
City Council Resolution No. 019-05.) This covenant may not he amended or modified without the prior
approval of the City of Bakersfield. This covenant shall run with the land.
Manager
NOTE: All ovmar(sudeveloper(s) signatures must be notarized.
City of Bakersfield:
Gregg Strakaluse ve�'r�3"
Public Works Director o
> m
EXHIBITDG'NA1"
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
otary public or other officer completing this certificate verifies only the identity of the individual who signed
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
ff?47 aNf4
STATE OF
FYOF MOCILOPA, )
I-2'1-L2 before me, 'ROY-Clnne-7 n(gA4 Notary
Date (here insert name and title ofthe officer)
appeared JDA ULt S)DI7 6-yi
io proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
bscribed to the within instrument and acknowledged to me that he/she/they executed the same
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
e person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
xegoing paragraph is true and correct.
ROXANNE KNIGHT
V1TNESS my hand and official seal. �NO'� PabC-$t1eo tn1On•
Ccmniaaon s 55Nt"
Q) Es as Jauary3.t.X2]
I
OPTIONAL
of Attached Document
or Type of Document:
Date: Other:
Number of Pages:
EXHIBIT G
Exhibit 'A' to the Cmenant Disclosing Inclusion in a Maintenance District.
PROPOSITION 218 BALLOT
CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT
ibis assessment ballot is for the use of the pnaperty owner of the purceI(s) identified hclors.
rchich are proposed m he included in the ('im of Bakersfield Consolidated Maintenance Ditrict
(C'MD). 'phis assessment ballot mac be used to express either support for or opposition to
inclusion rcithin the C1iD. 1 o he counted. this assessment ballot must be signed helots by the
o%sner or, it the (miler is not an individual. hr an wthorized representatiec otthe ot5ner.
I m (' IS77 1177A; 73.11.1(J7. PLE.I,SE RE11 R.A" EMS E.A'JJR6 PdOEj
OFFICIAL ASSESSMENT BALLOT
Propene Omer: SimonCRl'_ X ASl IL ILC. a :Ariiona limited liahilitc compam:
Propertc description:240 Chaster Atcnue.ATN:010n.0-19-00-_'__ _
m.,,. e?�,nu
The individual annual assessments for fiscal rear 2021= 022 shall not eecced S 233.15
per equivalent ei�cclling unit plus am costs incurred be the City from the (Otink assessor's
office for adding parcels to the "Cas Roll. NOTE: In each subsequent scar_ annual assessments
map increase by the cost of living reflected in the Los Angeles Riverside Orange CamtrbV11
l lrhan C'onsunmrs Consumer Price Indev.
ASSESSMENT BALLOT NIEASC'RE
Shall the I it, Council of the Citr of
Bakersfield include the ahove de,,nbcd ✓ N'c,
properly w thin the Consolidated Maintenance
Diumt:cd Icrr zn:u. tisn,,a not to csceed 'J No
tite amount set Ibnh ahora" //'�
Owner Signature: `_i
Joshua A.'Simon
l tile N 1. ... ,ur;g, 'earo: Marmeer _ _ kONsf'J„
O
Fn
Date: ` o
`�OPIGINAL
EXHIBIT H