HomeMy WebLinkAboutRES NO 191-2023RESOLUTION NO.
191-2023
A RESOLUTION ADDING TERRITORY, AREA
4-281 (530 CYPRESS STREET) 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 2)
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 4-281 (530 Cypress Street) 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
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` 0SIGINAL
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 2187 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 4-281, as shown and
designated on that certain map entitled "Map and Assessment Diagram for
Addition of Territory, Area 4-281 (530 Cypress Street), 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 4-281 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 at 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 2024-2025 fiscal year and each fiscal year
thereafter, the Public Works Director is hereby directed to prepare gAK�
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00RIGINAL�
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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'QRIGINO
adopted,
I HEREBY CERTIFY that the foregoing Resolution was passed and
by the Council of the City of Bakersfield at a regular meeting thereof held on
DEC 13 2023 by the following vote:
YE COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
ES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
J LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: DEC 13 2023
,.% 44-40t 441
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
Cam/
By
VIRIDIANA GALLARDO-KING
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
ORIGINAL
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-281
Fiscal Year 2023-2024
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 530 Cypress Street 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 established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C" s
parcel. In each subsequent year, annual assessments may increase by the cost ofJiving
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer,Price
ORIGINAL
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 2023-2024 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:
4 L
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
EXHIBIT 1
LEGAL DESCRIPTION
Area 4-281
An area located in Section 36, Township 29, Range 27 M.D.B. & M., more
particularly described as follows:
Grading Permit 22-40000126
530 Cypress Street Bakersfield California
Containing: 0.18 Acres, more or less.
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ORIGINAL
EXHIBIT A
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-281) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
MCM ffrFM
MD 4-281
N
NOT TO SCALE
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EXHIBIT "B"
FLU MD 4-281 9EFT 1 of 1
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 EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their
Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum
assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator
may be increased according to their ballot terms.
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'QRIGINAL
EXHIBIT C
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-IA
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S-10A
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
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EXHIBIT C
MAINTENANCE DISTRICT AREA 4-281
Said assessment is made in accordance with the benefit formula attached hereto.
2023-2024
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.
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'ORIGINAL
EXHIBIT D
MAINTENANCE DISTRICT AREA 4-281
ASSESSMENT ROLL
FISCAL YEAR 2023-2024
Assessor's Tax No.
007-401-12-00-7
007-401-02-00-8
N
Total
Total amount to
be collected for
FY (2023-2024)
$0.00
$0.00
$0.00
$0.00
EXHIBIT E
CERTIFICATE OF ACKNOWLEDGMENT OF
EXECUTION OF AN INSTRUMENT
Cote d'lvoire
(Country) __�----
Abidjan_ _
(county ancVor other Political Division)
SS.
Region des Lagunes
(County an&br Other Political Division)
Embassy of the United States of America
(Name of Foreign Service Office)
1, Florence Bandoh, Notarizing Officer
of the United States of America at Abidjan, Cbte d'lvoire
duiy commissioned and qualified, do hereby certify that on this day of 08-09-2023 before me personally appeared
Date (mm-dd-yyyy)
a Patti MORRIS and Matthew William MORRIS
to me personally known, and known to me to be the individual -described in, whose name she/he subscribed to.
and who executed the annexed instrument and being informed by me of the contents of said instrument she/he
duly acknowledged to me that
therein mentioned.
1
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OF-176 (Formerly FS-88)
05-2017
she/he
executed the same freely and voluntarily for the uses and purposes.
in witness whereof i have hereunto set my hand and
official se e d year last above written.
Florence Bandoh, Notarizing Officer of the United States ofAmenca.
This document consists of pages, including the Acknowledgement certificate.
NOTE: Wherever practicable all signatures to a document should be included in one certificate.
®— Attu j�
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'ORIGINO
EXHIBIT F
RECORDING REOIJ
AND FOR THE BEN
THE CITY OF BAKE
CITY CLERKS C
CITY HALL
1600 TRUXTUN
BAKERSFIELD,
MD 4-281
THIS SPACE FOR RECORDER'S USE ONLY
No recording fee required: exempt pursuant to
Government Code Section 27383
Government agency acquiring title — exempt from
Documentary Transfer Tax per R & T Code 11922
GC 27388.1(a)(1): Recorded document is expressly
exempted from payment of recording fees (FBO) Govt. agency)
Existing Legal: Lots 2 and 3 In Block I Of The Santa Fe Addition #3 In the County of Kern, State of California,
According To The Map Of Said Addition Filed In Book 2 Page 57 Of Maps In The Office Of The County Recorder Of
Said County
Map or Project Number: Grading Permit# 22-40000126
ATN(s): 007-401-12-00-7 & 007401-02-00-8
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on AUG 0 9 2023 by Repercussion, LLC & The 2008 Matthew
and Patti Morris Revocable 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 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
$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.
Dated This: AUG 0 9 2023
For ATN 007401-12-00-7
Repercussion, LLC
rris Assess tion Trust, Its Member:
Matthew Morris
Inves—tinzMt Tlpdstee
Pa orris
Investment Trustee
NOTE: All owner(s)ldeveloper(s) signatures must be notarized.
City2ofBersf- ld l�
Gregg Straka use
Public Works Director
Signed In Counterparts m
�ORIGINALC-7
EXHIBIT F
CERTIFICATE OF ACKNOWLEDGMENT OF
EXECUTION OF AN INSTRUMENT
Cote d'Ivoire
(Country)
Abidjan
(County and/or Other Political Division)
SS:
Region des Lagunes
(County andlor Other Political Division)
Embassy of the United States of America
(Name of Foreign Service Office)
1, 1 Florence Bandoh, Notarizing Officer
of the United States ofAmenca at Abidjan, Cote d'Ivoire
duly commissioned and qualified. do hereby certify that on this day of 08-09-2023 before me personally appeared
Date (mm-dd-yyyy)
Patti MORRIS and Matthew William MORRIS
to me personally known, and known to me to be the individual -described in, whose name she, he subscribed to.
and who executed the annexed instrument, and being informed by me of the contents of said instrument She/he
dulyacknowledged she/he
ged to me that _ _ _ _ executed the same freely and voluntarily for the uses and purposes.
therein mentioned.
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This document consists of * pages. including the Acknowledgement certificate.
NOTE: Wherever practicable all signatures to a document should be included in one certificate.
OF-175 (Formerly FS-88)
05-Z017
In witness whereof I have hereunto set my hand and
official se no year last above written.
Florence Bandoh, Notarizing OtTicer of the United States of Amenca.
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�ORIGINALrzp
EXHIBIT F
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 4-281
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)
THIS SPACE FOR RECORDER'S USE ONLY
Existing Legal: Lots 2 and 3 In Block 1 Of The Santa Fe Addition #3 In the County of Kern, State of California,
According To The Map Of Said Addition Filed In Book 2 Page 57 Of Maps In The Office Of The County Recorder Of
Said County
Map or Project Number: Grading Permit# 22-40000126
ATN(s): 007-401-12-00-7 & 007-401-02-00-8
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on AUG 0 9 2023 by Repercussion, LLC & The 2008 Matthew
and Patti Morris Revocable 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 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
$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.
AUG 0 9 2023
Dated This:
For ATN 007401-02-00-8
The 2008 Matthew and Patti Morris
Re a Trust
Matthew Mo 's
T
r
atti Morris
Trustee
m
NOTE: All owner(s)ldeveloper(s) signatures must be notarized.
City of B kersfield-
A, d�
Gregg Strakaluse
Public Works Director
Signed In Counterpart
�ORIGINAL�
EXHIBIT F
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: Repercussion, LL.0 & The 2008 Matthew and Patti Morris Reyocable Trust
Property description: ATN s : 007-401-12-00-7 & 007-401-021-00-8
The individual annual assessments for fiscal year 2022-2023 shall not exceed 252.96
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 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?
'ORIGINAL'
EXHIBIT G
For ATN: 007-401-12-00-7
Repercussion, LLC
By: Morris Asset Protection Trust, Its Member
Owner Signature:
Matthew Morris
Title: Investment Trustee Date: 919
A 3
Owner Signature:
oms
Title: Investment Tru;1.41
Date: 2�
Signed In Counterpa%� ,Ake
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OFRIGINAL6
EXHIBIT G
For ATN: 007401-02-00-8
The 2008 Matthew and Patti Morris Revocable Trust
Owner Signature:
Matthew Moms
Title: Trustee p,
Date: 0%rJ h 3
Owner Signature: '
atti Morris
Title: Trustee
Date:
Signed In Counterpart
r
`ORIGINAL ,
EXHIBIT G
Inclusion of a Subdivision into the Consolidated Maintenance District
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of Grading Permit No. 22-40000126 in a Consolidated Maintenance District (CMD)
We, the undersigned, as owners of the property included within Grading Permit# 22-40000126 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,
For ATN 007401-12-00-7
Repercussion, LLC
By: Morris
�Asset
-Protection Trust, Its Member
Matthew orris
Investment Trustee
Date _
Patti 10tbms
Investment Trustee
$,�A,�
Date
For ATN 007-401-02-00-8
The 2008 Matthew and Patti Morris Revocable Trust
:0� C�
Mattew Morris
Trustee
g�91 3
Date
Trustee v
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Date ly
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EXHIBIT H
RESOLUTION NO. 1 9 0 ®2 0 2 3
A RESOLUTION OF THE BAKERSFIELD CITY
COUNCIL DISPENSING WITH FORMAL
BIDDING PROCEDURES IN THE PURCHASE OF
A FORKLIFT FROM QUINN LIFT AND
AUTHORIZING THE USE OF COOPERATIVE
PROCUREMENT CONTRACTS FOR THE
PURCHASE OF ONE UNIT, NOT TO EXCEED
$45,213.
WHEREAS, the City may enter into cooperative procurement contracts for
supplies, equipment or materials without competitive bidding pursuant to
Bakersfield Municipal Code Section 3.20.060(D) (6); and
WHEREAS, prices offered through national cooperative procurement
contracts are generally less expensive than the prices for work, supplies, the City
is currently paying; and
WHEREAS, purchasing work, supplies, equipment, or materials for the City
through national cooperative procurement contracts is to the City's economic
advantage and in the City's best interests; and
WHEREAS, Bakersfield Municipal Code Section 3.20.060(D) (6) allows the City
to dispense with bidding procedures when it is determined that work, supplies,
equipment or materials are not available from local vendors and that it is in the
best interests of the city, and to the city's economic advantage that such
work, supplies, equipment or materials be obtained at the lowest possible cost
for the quality needed by entering into a city, county, state or federal government
cooperative procurement contract that was competitively awarded by another
governmental agency within the last 36 months or is one that is still current and
active; and
WHEREAS, the process used to determine the vendors for the cooperative
procurement contracts herein substantially complies with the City's procurement
process, including public advertisement for sealed bids and awards determined
on the basis of best value.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and are incorporated herein
by reference. o�SAK-"->
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2. The Council finds that work, supplies, equipment or materials are not
available from local vendors and that it is in the best interests of the city, and
to the city's economic advantage that such work, supplies, equipment or
materials be obtained at the lowest possible cost for the quality needed by
entering into a city, county, state or federal government cooperative
procurement contract that was competitively awarded by another
governmental agency within the last 36 months or is one that is still current and
active.
3. The Finance Director or his designee is authorized to dispense with
bidding in accordance with section 3.20.060(D)(6) of the Bakersfield Municipal
Code and to negotiate the purchase of same, not to exceed $45,213.
4. The Finance Director or his designee is authorized to purchase one
Quinn Forklift through Sourcewell pursuant to the terms and conditions of Contract
No. 091520-MCF with Quinn Lift and may be amended from time to time and
including any options to renew that may be exercised by Sourcewell.
5. That the Finance Director or designee is authorized to negotiate and
execute any documents that may be necessary to register with, and purchase
work, supplies, equipment, or materials from the vendors herein.
�OAKe,
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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 13 2023 , by the following vote:
COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KA R
NOES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
APPROVED
c 1 3 2023
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
SHUA H. RUDNICK
pufy City Attorney
ULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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