HomeMy WebLinkAboutRES NO 101-2022RESOLUTION NO. 10 1— 2 02 2
A RESOLUTION ADDING TERRITORY, AREA
4-265 (3800 ROSEDALE HIGHWAY) 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 3)
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 Tifle 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 4-265 (Grading Permit No 21-40000021), 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. 2142 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 4-265, as shown and
designated on that certain map entitled "Map and Assessment Diagram for
Addition of Territory, Area 4-265 (3800 Rosedale Highway), 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 4-265 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 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 owners) requesting
inclusion in the CMD (Exhibit "P") are attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 2021-2022 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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5OPIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted, Nth Wol of the City of Bakersfield at a regular meeting thereof held on
JUN by the following vote:
AYES' COUNCILMEMBER ARMS, GOr]TALES. WEIR, SM H, FREEMAN, GRAY, PAR ER
COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAK , MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: JUN 15 2022
By V
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
OSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit " 1 " Exhibit "D" Exhibit "H"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Page 4 of 4
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-265
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 3800 Rosedale Highway 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 livkrdga���
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Puce
Index. However, parcels will not be assessed until park and/or street landscaping have been
OORIGINAL
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.
Public Works Director
City of Bakersfield
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LEGAL DESCRIPTION
Area 4-265
An area located in Section 23, Township 29, Range 27 M.D.B. & M., more
particularly described as follows:
Grading Permit No. 21-40000021
3800 Rosedale Highway Bakersfield California
Containing: 19.74 Acres, more or less.
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EXHIBli,AGINAL�
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NOT TO WC
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA MD 4-265) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
EXHIBIT "
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 a Park ner) x EDUII • ffsheN Rale x Slreet Tler) x EDUI * (Coady 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 on 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.
EXHIBITee 6',?.
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0OFlIGINAL
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, orjoining 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, Zane Change, a General
Plan Amendment, or a Conditional Use Pamir.
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
Maltifamily 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 of max theoretical
density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R-1
Z26
R-2
17.42
R-3
3485
R-4
726
M
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: I EDU per gross acre
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EXHIBIT m
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`ORIGINAL
MAINTENANCE DISTRICT AREA 4-265
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
NET AMOUNT TO BE ASSESSED
** Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
EXHIBIT Qe Re•,
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`�ORIGINAi
MAINTENANCE DISTRICT AREA 4-265
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
332-152-45-M9 $0.00
332-152-44-00-6 $0.00
0 $0.00
Total $0.00
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EXHIBIT
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�`�OPIGINAL
March 14, 2022
m (UPS' (hens eht Deliven
City of Bakersfield - Puhlic Works Department
Attn: Manpreet S. Bahl
1600 Trustun Avenue
Bakersfield, California 93301
Dear Mr. Bahl:
RC Costco Location 9688 (Bakersfield CA)
Inclusion of Grading Permit No. 21-40000021 (3800 Rosedale Highway) in a
Consolidated Maintenance District (CMD)
We. the undersigned, as w ner of the property included within Grading Permit No. 21-40000021
(3800 Rosedale Highway) hereby request that the property be included within the CMD. This
request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.02I.
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 beheld for purposes of including the atxwee propertv within ttte
CMD and determining the amount of assessments, We hereby waive our right to hate 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 L501 frustun
Ave., Bakersfield, C'A 93301. We hereby waive our right to further notice of that hearing.
Very truly yours,
C09ICa 61'01eualc Corporation
Gail E. Tsuboi
AVP/Assistant Secretary
EXHIBITpK
999 Lake Drive • Issaquah. WA 98927 • (425) 313-8100 • www.costco.coni
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 4-265
No record'.ng ke required'. exempt consort to
Government Code Settled 27383
Government agenq eggmr title -exempt from
Documentary Transfer Tax per R 8 T Code 11922
GC 27388 pa)(1) Recorded document is expressly
exempted ham paymem of remrbng fees ul Goa. agency)
Existing Legal: Parcels "A" and "B" of Lot Line Adustment No. 03-0070 recorded April 28 2003 as
Instrument No. 0703081512 of official records in the Office of the Kenn County Recorder ofsaid Come,
Map or Project Number: Grading Permit No. 21-40000021
ATN(s): 332-152-45-00-9 and 332-152-44-01._..._-_
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on P wo6h 14r 2x022r-bv Casten Wholesale Connoration.a
Washington corporation 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, .early basis for maintenance of a public park and landscaping on public right way
within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation
Department. Assessment is imposed in accordance wish California Proposition 218 with the Corl of the
Majority Property Owners) as can be seen on the ballot cast and attached as Eshibit'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 l All Urban Consumers Consumer Price Index- (See Bakersfield
City Council Resolution No. 019-1 This covenant may not he amended or modified without the prim'
approval of the City of Bakersfield This covenant shalt run with the land.
Dated This: lito ✓I/ti1 14 I im 2 i-
Owner(s)/Deeeloper(s)
_Ylt
Gail E.'Isuboi
A V P/Assistant Secretary
NOTE. All ownertsydeveli,a rds) eigdaturea must be notarized
City of Bakersfield:
�� GC
Gregg Sl aka use
Public 'A oinks Director
OF OaHc`
EXHIBl�
e ft Ktes uL"+ v�=S C-I o J"= L ^7 , ✓1 t�,j f I u t'1 F%t (A4 1)
STATE OF WASHINGTON ) Ci
) SS.:
COUNTY OF KING )
I certify that I know or have satisfactory evidence that GAIT. E. TSUBOI is the person who
appeared before me, and said person acknowledged that said person signed this instrument, on oath stated
that said person was authorized to execute the instrument and acknowledged it as the AVRASSISTANT
SECRETARY of COSTCO WHOLESALE CORPORATION, to be its free and voluntary act for the uses
and purposes mentioned in the instrument.
`�xsvv` Datedthis M dayof Me ld-, 2022.
tRUptitIt,
"'PRV ignahue of Nota
05.09.ti - Notary public in and for the state of W It , residing at:
OF )N W'i t'42 T/ to W r
ex���•(Stamp) t
My appointment expires: ') t" L)—
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EXHIBITG6-
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 parcels) identified below,
which are proposed to he 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
Properly Owner: Costco Wholesale Corporation a Washineton corporation -
Property description'. 3800 Rosedale Hw ./ATNs 332-152-45-00-9 & 332-15Z-44-00-6
sIdd,— 9- ATNFVI
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, annual assessments
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 Citv of
Bakersfield include the above described V Yes
property within the Consolidated Maintenance
District and levy an assessment not to exceed O No
the amount set forth above?
Owner Signature', -%«.; _<„ i.-1 111111 .
(-Authorized Signer)
'title (Itle) A'. -J
Date:
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EXHIBI IffAL