HomeMy WebLinkAboutRES NO 150-2022RESOLUTION N01 5 0-- 2 02 2
A RESOLUTION ADDING TERRITORY, AREA
4-267 (1830 GOLDEN STATE AVENUE) 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 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 4-267 (Site Plan Review 22-0018), 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
Page 1 of 4
AK,qr
+-- m
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 2149 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 4-267, as shown and
designated on that certain map entitled "Map and Assessment Diagram for
Addition of Territory, Area 4-267 (1830 Golden State Avenue), 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 4-267 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 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 2022-2023 fiscal year and each fiscal year
thereafter, the Public Works Director is hereby directed to prepare
o�gAKF�s
Page 2 of 4
o-- m
'0RIGINiA.L::'
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.
o11gAKF9
Page 3 of 4 �=
� m
'ORIGINAL'
I HEREBY
adopted, b the Council
Sb 2 12022
CERTIFY that the foregoing Resolution was passed and
of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
A E COUNCILMEMBER • ARIAS, GONZALES, WEIR, SMITH,-FREEM-»Q; GRAY, PARLIER
ES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER A ,JAB,F RISCP? 0
JU IE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: SEP 2 12022
\/4By d
KAR N GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
4SH
��UA RUDNICK
y City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit "1" Exhibit "D" Exhibit "H"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
o``gAKF9�
Page 4 of 4
� m
r-
'ORIGINALb
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-267
Fiscal Year 2022-2023
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 1830 Golden State 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 been 4 eAKF
a. -r
MOLT,
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 2022-2023 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: /240
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
o��AKF9`S-n
m
F- r
EXH tbff-ITP
LEGAL DESCRIPTION
Area 4-267
An area located in Section 24, Township 29, Range 27 M.D.B. & M., more
particularly described as follows:
SITE PLAN REVIEW 22-0018
1830 GOLDEN STATE AVENUE Bakersfield California
Containing: 4.05 Acres, more or less.
EXHIBIT Ao bNKc;q
>- m
F- r-
00RIGIN0
II
ED
NOT TO SCALE
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-267) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
EXHIBIT "B,k"P
MD 4-267 s1EET i al-t
t—
r9 _ O
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 x Park Tier) x ED1.111 + ((Street Rate x Street Tier) x EDU) + (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.
EXHIBIT �gAKF,�l-n
m
� r—
�ORIGINAL
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-SA
0.2
R-S-10A
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT C ok""",
F. m
`'ORIGINAL
MAINTENANCE DISTRICT AREA 4-267
Said assessment is made in accordance with the benefit formula attached hereto.
2022-2023
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 D o�gAKF�`n
0RIGINAL�
MAINTENANCE DISTRICT AREA 4-267
ASSESSMENT ROLL
FISCAL YEAR 2022-2023
Assessor's Tax No. Total amount to
be collected for
FY (2022-2023)
332-210-25-00-4 $0.00
0 $0.00
0 $0.00
Total $0.00
EXHIBIT Eo��AKE9s
m
'CRICINAL
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
TVID 4-267
TIIIS 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: Parcel Map No. 4976, Lot 2
Nlap or Project Number: Site Plan Review No. 22-0014
ATN(s): 332.210-25-00-4
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
TIES COVENANT is executed on � � by Golden Empire
Transit .District, in Bakersfield. herein after referred to as ("Owner"), in connection with the Consolidated
Maintenance. District. located in the City of Bakersfield, CA.
'rhe 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 'Piers 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 anittral 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 i 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: 6- 7 - 2-02-2-
qwner(s)i Developer(s):
Keith '
ties Maintenance Supervisor
City of Bakersfield:
Gregg Strakaluse
Public Works Director
See Attached for
Notai-it Certz
NOTE. All oWner(s)fdeveioper(s) signatures must bo notarized.
gAKF
....... _off.
EXHIBIT F~
30FIGIN'.L,
CALIFORNIA
JURAT CERTIFICATE
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
County of rt rn
Subscribed and sworn to (or affirmed) before me on this ! day of J une,
20 2ti • by ED S S VDA �-h
proved to me on the basis of satisfactory evidence to be the person skwho appeared .before me.
WITNESS MY HAND .AND OFFICIAL SEAL.
%Yj an iltzhe" lqfiFf 1M Wr S
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACKED DOCUMENT
COTrinant 'Pisu png inc.lucicin
(Title or description of attached . cument)
I A h-\w rifienanu, P I Sfirl C_-�
(Title or description of attached document continued)
N�
Number of Pages Al Document Date b�
(Additional information)
CTACITY CLAIMED BY THE SIGNER
Individuals)
o Corporate Officer
(Title)
Partner(s)
Attorney -in -Fact.
Trustee(s)
13 Other
I�iGAHfi�CCAF(RS9l�
COMM. #2357870
NDIARYPUBUC•CAAW
coCOUNTY
NEX0. MaV 16, SM N
(Notary Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage eractly as
appears above in the notary section or a sepdrate acknoridedgment form must be
properly completed and attached to drat document. The only exception is. if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal.for a notary in
California (Le. certifying the authorized capacity of the signer). Please check the
document carefully jorpropernotarial wording and attach thls form if required
• State and County information must be the State and County where the document
signer(s),personally appeared before the notary.public for acknowledgment
• 'Date of notarization.must be the date that the signer(s) personally'appeared which
must also be the same date the ackaowledgment,is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by comma.and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off.incorrect forms (i.e.
hekAwi?they;—w1are+or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording,
• The notary seal impression must be clear and photographically reproducible..
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form,
• Signature of the notary public must match the signature on file with the office of
the county clerk:
cce Additional information is not required but .could, help. to ensure this
acknowledgment is not misused or attached to a different document
ca Indicate title or type of attached document, number ofpages and date.
cu Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
Securely attach this document to the signed document
2015 Version CAPA v12.10.07 800-873-9865 Q4� �d
> j
00RIGINAL
Exhibit `A' to the Covenant Disclosing Inclusion in a Maintenance District.
PROPOSITION 218 BALLOT
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 ballet must be sib ed below by the
owner or, if the owner is not an individual, by an authorized representative of the owner.
[TO CAST THI,S &I LLOT, PL,E11SE RETURN THRY EA'TIRE .PA(:,-E]
Property Owner: Golden Empire Transit District
Property description: 1530 Golden State AvenueiATN 332 210-25-00-4
61ddress &f6r ATNft))
The individual annual assessments for fiscal year 2021-2022 shall not exceed S 233.15
per equivalent dwelling unit plus arty costs incurred by the City from the County Assessor's
office for adding parcels to the Tax boll. 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 City of
Bakersfield include the above described ✓ Yes
property within the Consolidated Maintenance
District and levy an assessment not to exceed 0 No
the amount set forth above?
Owner Signature:
-% Ro s Ke' h
Title ftf rcfuus ulir� awner,�: fa illties?'Maintenance Supervisor
Date:
EXHIBA G
ORIGINAL
6/6/2022
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
RE: Inclusion of SPR No. 22-0018 in a Consolidated Maintenance District (CMD)
We, the undersigned, as owners of the property included within SPR No. 22-0018 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,
-,-�-Ros Keith
Facilities Maintenance Supervisor
EXHIBIT H
I-- I-
1830 Golden State Avenue - Bakersfield, California 93301-1012 phone (661) 324-9874 fax (661) 869-6394 °,mtg, on t bps 3 x "rPO R I G I N A L C�