HomeMy WebLinkAboutRES NO 200-2022RESOLUTION NO. 2 U U- 2 U 2 2
A RESOLUTION ADDING TERRITORY, AREA
5-116 (1400 & 1500 TAFT 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 7)
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 5-116 (SPR 20-0088), 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
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 2159 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 5-116, as shown and
designated on that certain map entitled "Map and Assessment Diagram for
Addition of Territory, Area 5-116 (1400 & 1500 Taft 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 5-116 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
Page 2 of 4 ORIGINAL
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.
Page 3 of 4
�ORIOINP.
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on
DEC 14
2022 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
VE COUNCILMEMBER ARIAS. GONZALES,N , SMITH, FREEMAN, GRAY, KAUR
N ES'. COUNCILMEMBER
ABSTAIN'. COUNCILMEMBER
(. ,_N COUNCI LMEMBER AQ
61
J LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: DEf 1 4 2022
L
By �'
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
qSHe
�-
UA
RUDNICKCityy 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 5-116
Fiscal Year 2022-2023
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 1400 & 1500 Taft 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 within
parks 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 hardscaped and/or landscaped street 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, hardscaping and/or landscaping 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, hardscaping
and/or landscaping 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 hardscaping and/or landscaping 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 establishe in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C" fs�_ y
parcel. In each subsequent year, annual assessments may increase by the cost of -�
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer '
EXHIBIT 1
Index. However, parcels will not be assessed until park and/or street landscaping and/or
hardscaping median improvements have been installed. When park and/or street landscape
and/or hardscaping median 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 and/or hardscaping median
improvements 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:
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
EXHIBIT 1
LEGAL DESCRIPTION
Area 5-116
An area located in Section 31, Township 30, Range 28 M.D.B. & M., more
particularly described as follows:
SPR 20-0088
1400 & 1500 Taft Highway Bakersfield California
Containing: 19 Acres, more or less.
�o
EXHIBIT
0 1o1,v
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 Rafe x Park Ter) x EDU)) - ffSfreef Rate x Sfreef Tier) x EDII) + (Coanty 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.
0
EXHIBI ---
R:GINF,
Ln
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 (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, 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
1 Z42
R-3
34.85
R-4
72.6
E:
4.36
R-S
1.82
R-S-IA
I
R-S-2.5A
0.4
R-S-5A
0.2
R-S-10A
1 0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
�PKfq
EXHO o L JGPdG1'�51
MAINTENANCE DISTRICT AREA 5-116
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) " $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
'" Previous Years Deficits No Longer Carried Forward.
EXHIBIT D
MAINTENANCE DISTRICT AREA 5-116
ASSESSMENT ROLL
FISCAL YEAR 2022-2023
Assessor's Tax No.
Total amount to
be collected for
FY(2022-2023)
517-030-06-00-4
$0.00
517-030-08-00-0
$0.00
0
$0.00
Total $0.00
,i
ORIGINAL6.
EXHIBIT E
RECORDING REQUESTED BY
AND FOR THE BENEFIT OF
THE CITY OF BAK RSFIEW
WHEN RECORDED MAIL TO:
CITY CLERKS OFFICE
CITY HALL
1600 TRUXTUN AVE.
BAKERSFIELD, CA 93301
MD 5-116
THIS SPACE FOR RECORDER'S USE ONLY
No mwrdag are mquaed: exempt poreuenl to
Govemmanf Code Seution 2y383
Government ageruy acqu ux; title —exempt fmm
Documentary Trare$er Tex per R a T Code 11912
GC 2r388.1(ext): Recorded � m expresso
exempted term payment of reserdmg tees (FBO) GcvL agency)
Existing Legal: See attached legal (Exhibit `B')
Map or Project Number: SPR 20-0088
ATN(s): 517-030-06-004 and 517-030-08-00-0
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
TIES COVENANT is executed on 0k9I9Pf J3 t iQ;LQ by Elmer F. Kame
Inc a California corporation & The Raymond and Lisa Karoe Family Trust, 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 Bud 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 Bud Recreation
DeparmiumL 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 $252.96 per equivalent dwelling unit, based on fiscal year 2022-2023 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 be amended or modified without the prior
approval of the City of Bakersfield. This covenant shall run with the land.
NOTE: All owmr(aydevNoper(a) Ngnetures must I,e nolartred.
Elmer F. Karpe, Inc., a
California orporstion:
Tornleigarderf
President
Dated This:-L`Z-
The Raymond po Lisa Karpe Family Trust
Raymond E. rpe
®"
Trustee
Da Thi ;� �(l/3-
/�
2�
Lisa Mn "rpe
'
Trustee
Dated This:
City of R/a0i\rsfi
Gregg Straka use
Public Works Director
NOTE: All ownsr(syEsselopeHsl atanstures must W nohwN .
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
County of KERN
On 10/11/2022 before me, V. MARMOLEJO, A NOTARY PUBLIC
(insert name and title of the officer)
personally appeared TOM TEAGARDEN
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istam
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hist herAbeir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entry upon behalf of which the person(s) acted, 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. „ V. MMMOLEJO m
coKw..zasesn
IeRpTRIR6•CG16pN'�
KERN COUNTY N
CqR, 60.JWe 1B, 1015
Signature (Seal)
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
County of KERN
10/13/2022 before me, V.MARMOLE70, A NOTARY PUBLIC
(insert name and title of the officer)
personally appeared RAYMOND E. KARPE AND LISA ANN KARPE
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, 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 m hand and official seal. " V. MARMOLEJO tI
y COMM. QW8525
f TMYPMC•CWFO
KERNCCUM e
Signature
(Seal)
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: Elmer F. Kame, Inc., a California corporation & The Raymond and
Lisa Karpe Family Trust
Property description: 1400 & 1500 Taft Highway / ATNs 517-030-06-00-4
and 517-030-08-00-0
(Adam & r AM(,))
The individual annual assessments for fiscal year 2022-2023 shall not exceed $ 252.96
per equivalent dwelling unit plus any casts incurred by the City from the County Assessor's
office for adding parcels to the Tax ROIL 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 O No
the amount set forth above?
�OPIGINAL�
Elmer F. Karpe, Inc., a
California corporation:
ToniTeagardEn U
President
Date:
The Raymond and Lisa Karpe Family Trust
Raymond E. Karpk d_
Trustee
Delp: /!/
i
(ti i
U Ann Karpe
Trustee
Date: 3
�g�rtF, y
�ORIGINAI�
Inclusion of a Subdivision into the Consolidated Maintenance District
(LETTERHEAD)
(Date)
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Bahl:
RE: Inclusion of SPR 20-0088 (1400 a 1500 Taft Highway) in a Consolidated
Maintenance District (CMD)
We, the undersigned, as owners of the property included within SPR 20-0088 (1400
& 1500 Taft Highway) hereby request that the property be included within the CMD.
This request is in accordance with the requirements of Bakersfield Municipal Code
Section 13.04.021. Enclosed is a check for $ 984.00 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,
Elmer F. Karpe, Inc., a
California corporation:
r
To eagaron
Pr ident
Date: o _2-
ORIG d
The Raymond and Lisa Karpe Family Trust:
Raymond E. "rpe
Trust— / e n
Date: zq
Lisa Ann Karpe
Trustee /
Date:
Io 9
"r OR2±Lj