HomeMy WebLinkAboutROI NO 2190RESOLUTION OF INTENTION NO. 2190
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 3-120 (8801 GOSFORD ROAD) TO THE
CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
APPROVING, CONFIRMING AND ADOPTING THE PUBLIC
WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE
ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND
THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL. (WARD 5)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of a public park and public street landscaping throughout the City
("general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be
assessed its proportionate share of special benefit based on the zoning, usage, and
size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add
territory, Area 3-120 (8801 Gosford Road) to the CMD. Said area is generally described
in Exhibit "B" attached hereto, to maintain local improvements including a public park
and public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit 1," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A"; Ako
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c�NAL
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E";
f) The recorded covenant disclosing inclusion in maintenance district,
attached hereto as Exhibit "F";
g) The proposition 218 ballot signed by the property owner, attached
hereto as Exhibit "G";
h) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "H";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield,
State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is assessed an amount not to exceed thP<F�AK�c9�
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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.
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
FEB 14 2024 by the following vote:
YE '
COUNCILMEMBER
NOES:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
✓ ✓ V ✓ ✓ ,v
ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
A%- .
JPLIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: FEB 14 2024
By
KAREN GOHvtmov
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
Attachments: Exhibit "C" Exhibit "G"
Exhibit "1" Exhibit "D" Exhibit "H"
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U11g A
s- m
OORIGINAL
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
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� r—
OORIGIN
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-120
Fiscal Year 2023-2024
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 8801 Gosford Road 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") 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 PriCq�,Ke
a
EX H IB(ITI 1�,0
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: A /I k�
v�
GREGG STRAKALUSIK
Public Works Director
City of Bakersfield
t
M
r
EXHIBIfRTNO
LEGAL DESCRIPTION
Area 3-120
An area located in Section 32, Township 30S, Range 27E M.D.B. & M., more
particularly described as follows:
S P R 23-60000222
8801 Gosford Road Bakersfield California
Containing: 45.1 Acres, more or less.
s
EXHIBIT A
'ORIGINO
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 3-120) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
o� KF -
EXHIBIT "B'
F1E ND 3-120 9EEf t of<?^ tlkl A 1 Q
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance Districtshall 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.
EXHIBIT m
�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-IA
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
o�gAKF9
EXHIBIT G�- m
�ORIGINAL�
MAINTENANCE DISTRICT AREA 3-120
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) **
Less: City Contributions
NET AMOUNT TO BE ASSESSED
** Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
$0.00
EXHIBIT
aiGiivAL
MAINTENANCE DISTRICT AREA 3-120
ASSESSMENT ROLL
FISCAL YEAR 2023-2024
Assessor's Tax No.
543-010-01-00-4
543-010-02-00-7
0
Total
Total amount to
be collected for
FY (2023-2024)
$0.00
$0.00
$0.00
$0.00
EXHIBIT t
OORIGINO
RECORDING REQUESTED By
AND FOR THEBEt EFIT OF
THE CITY OF-PAKERSFIELD,
WHEN kIRCORDEDIVIAIL TO:
CITY CLERKS OFFICE
CITY HALL
1600 TkUXTUN AVE.
;BAKEWIEM CA 93301
AID' 3420
THIS SRACE. FORAECORDER'S USE'ONLY
No recording fee requiredt exempt -pursuant to
Government Code Section-27383
Governmeritta acquiring title -exempt from
R & T Code 11922
an
Documentary
go Y Tax per T rcts�
G0-2M88A(a)(1-): Recorded document is expressly
exempted from of recording 11eas (F]BO) Govt. agency)
Existing j4eg;!1,; 'See attached Exhibit B. for Legal Description
Map of.Pirojdet Number: SPR'23=60000222
ATN(s):_1 , 543=010-01-00.4,,543-01-0-02-09-7
'COVENANT DISCLOSING INCLUSION IN MAINTENANCE' DISTRICT
THIS' COVENANT is executed on hCC-M&A- 70 g ?4 1-3 by Sunrise Asset Investments,
LLCI in: Bakersfield, herein after referred to as ("'Owner in connection With, the Consolidated Maintenance
DistfidL, located inAhe. City of Bakersfield, CA.
The real property he -rein described is located within the Consolidated Maintenance District, and may be
,assessed onan ongo - in , ye y basis for, mai enance of a public park and landscaping on, public -of way
g yearly nt rights
within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation
Departrilent, Assessment is, imposed in accordance with California Proposition 218, with the Consent. of the
Majority Prop �Owner(s)� as- can be seen on the ballot cast. and attached as Exhibit'A. , . pq 1 1. . . - cast . 1. .
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 $262.20 per, equivalent dwelling unit, based on fiscal year 2023=2024 dollars and labor costs
of the district. In each subsequent year, annual assessments may increase by the cost ofliving
g reflected in the
Los Angeles - Riverside, - Orange County / All Urban. Consumers Consumer Price Index;'(See Bakersfield
,City Council 'Resolution No. 019-05.) This covenant may not be amended or modified without the prior
approval of the City .bfBak,ersfield. This covenant shall. run With the land.
Dated.This-,
Sunfise.Assdi Investments, LLC
z2 j-,9,4
Philip - , Girard
Senlor'Vice President & CFO
NOTE: All ownpr(s)ldeveloper(s) signatures mustbe;nptarlzed.
City, of Bakersfield:
Gregg Strakaiuse
Public Works. Director
rn
r-
'ORIGINALP
CALIFORNIAi JUIRAT
..,. . -
GOVERNMENT CODEI 8202
A notary 0u41(c or other :Gfficer completing this certificate verifies only theidentity of the individual who signed
the document to which this certificatels attached, and notthetruthfulness, ..accuracy, , or validity ofthat document:
State of CallfOrnia
At -c
CW$TALkZR"WDEZ
motarypoolk.;C31ifornla
Tulare County,
Commission # 2411043
Q.Q.Comm. ,Ekpirms - 14;2026
Place N6tary Seal :andlor Stamp Above
Subscribed and sworn to (oraffirmed)before me on;
thts day of by
Dote. month. Y6&
ep 0�2vjr A rd
(pnd (2) b
Na-me(sj of Signer(s)
proved tome on the basis of satisfactory evidence to
be the person(s) who appeared before me.
Signature. 20e-PI"In'
/-ntore �Fry of "beotk Public
oa-
Completing this informatio can deter alteration of the document or
froudulent'tedttachment of"this formlo an unintended document
DescilptIlom of Attached Document
Title: of Type of Document: CILL
Document Date:, Number of Pag-es:;
S1i9 rler(s),,Q-thef Than Named Abbvb:
02015 Naticinal Nbtary-As"soclafion
'ORIGINAL.'
Eiihibit '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,
whichareproposed 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 CMA To be counted, this assessment ballot must be signed belodv by the
oWneror, if theowner is. not an, individual, by an. authorized representative of the owner.
[TO CAST THIS BALLOT, PLEASE RETURN THIS ENT -IRE PAGE]
OFFICIAL ASSESSMENT BALLOT
Property Owner: Sunrise Asset Investment, LLC ,
Property description: 880 1, Gbsford Road- /'ATNs: 543-010-01-00-4 & -543-010-02,00-7
The individual annual assessments f6r fiscal year 2023-2024:sbzill not exceed $262.10 per
equivalent dwelling unit plus any costs incur -red, by the City from the County Assessor's office
for adding parcels to the. Tax Rol). NOTE: in each. subsequent year, annual, assessments may
increase .by the cost of living reflected in the Los Angeles—Riverside—O,range County/All Urban
Consumers Consumer Price index.
ASSESSMENT BALLOT MEASURE
$hall the City Council of the, City of
Bakersfieldlinclude the above described V Yes:
property within the Consolidated Maintenance
District and levy an.assessment not to exceed 0 No:
the amount set forth above?
OwnerSignature:-
Title (�fte representing
prese owner):
Date;_
C11
M
00RIGNAL
Indusionof a Subdivision intothe Consolidated, Maintenance District
City, of Bakersfield Public Works. Department
A#m- Ma-ftpreet &,Behl
1600 T IWtun' 609, -Avehue,
,- . 7. �
tikersfield, Califo - mia 93301
beatM, I
. Betel:
RE tncluqionfdfSPR23-'60000222'(8801Oftford-Road)lina'Consolidated
Maintenance : District _(CMIJ)
-We',, the undersigned, as owners of, the property included, within SP . R 23-60000222
_(88611'di6sford Road) hereby
request that the property be included within the CMD.,
This'f in accordance, with the requirementsofBakersfield 41 Qpgl�a
request is..Municip
-Section 13.04.021. Enclosed i$!'a check for $1,033.00 as required by, the City to
cover the costs -of this inclusion into the CMD_ If` requested: our engineer will 'su P - ly P
you inrith a computer disk` copy Of the MAO for your use.
We understand Government -Code section 53753
,hdt under on 21.G and
Wpplicab[6, law"), a04,Council hearing will be held. for purposes .of includiing, the
above property within, the CMD and determiningamount. of assessments. We
the amo. $
hereby Waive our right, to have ahearing within; the time parameters set forth in the
.ap ilioiible ,p law, We further understand that the hearing isscheduledfor
20. 'Af-6,15-An the. Council Chambers. located. at 1501''
Truxtun Ave., Bakersfield, CA
93301 �. We hereby . WaiVe our � right to further not - ice of that hearing.
Respectfully,.
,
Pretident & CFO:
et Investments; ILC
'ORIGIN01
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern ) ss.
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of
Bakersfield; and that on the 21 St day of February 2024, she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 2190 passed by the Bakersfield City Council at a meeting held on
the 14th day of February 2024 and entitled:
RESOLUTION OF INTENTION NO. 2190
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3-120 (8801
GOSFORD ROAD) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
APPROVING, CONFIRMING AND ADOPTING THE PUBLIC WORKS DIRECTOR'S
REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL. (WARD 5)
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By
D U Y City Clerk
SADOCUMEN'RFORMSIAOP. ROl.wp