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HomeMy WebLinkAboutROI NO 2204RESOLUTION OF INTENTION NO. 2204 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-288 (529 DOLORES STREET) 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 1) 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 4-288 (529 Dolores Street) 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 'T" containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A' Q:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-288\ROI 2204 ADDING AREA 4-288 TO THE CMD.docx u� Page 1 of 4 'ORiGIWL� 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 the �rk Q:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-288\ROI 2204 ADDING AREA 4-288 TO THE CMD.docx x� O� u� Page 2 of 4 > h� t n 'OP.IGINAL� 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 JUN 17 2024 by the following vote: ✓ ✓ ✓ ✓ i j�AE: COUNCILMEMBER ARIAS, GONZALES, WEIR SMITH, FREEMAN, GRAY, KAUR COUNCILMEMBER `lj)P\C2 ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED. JUN 12 2024 By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By: VIRIDIANA GALLARDO-KING Deputy City Attorney Attachments: Exhibit "C" Exhibit "G" Exhibit "1" Exhibit "D" Exhibit "H" O.APROIECTS\MAINDIST\Formation Documents\Area 4\MD 4-288\R01 2204 ADDING AREA 4-288 TO THE CMD.docx p .� Page 3 of 4 00P.!G!NE c Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" O u� QAPROJECTS\MAINDISTVormation Documents\Area 4\MD 4-288\ROI 2204 ADDING AREA 4-288 TO THE CMD.docx Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-288 Fiscal Year 2023-2024 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 529 Dolores 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") 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 ConWmers Consumer Price EXHIBIT 1 `ORIGINAL 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: ✓ Zg Z GREGG STRAKALUSE Public Works Director City of Bakersfield I4AK� u' o 'OR GINAIL' EXHIBIT 1 LEGAL DESCRIPTION Area 4-288 An area located in Section 29, Township 29, Range 28 M.D.B. & M., more particularly described as follows: Parcel Merger 23-0192 529 Dolores Street Bakersfield California Containing: 2.93 Acres, more or less. i� } r EAIBIT A MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-288) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA S!i Sf atan „. 8 cc -288 cft ot N NOT TO SCALE O � f- - 0P..1UWI EXHIBIT "B" FLF- MD 4-288 94 ET 1 W f 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. �'(ORIGINAL� 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 "-S"El.82 R-S-1 A 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 rJ 0R!C!11SIP.t_o EXHIBIT C MAINTENANCE DISTRICT AREA 4-288 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(Deflcit) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. U� � fft �OR;GlNF.Lb EXHIBIT D MAINTENANCE DISTRICT AREA 4-288 ASSESSMENT ROLL FISCAL YEAR 2023-2024 Assessor's Tax No. Total amount to be collected for FY (2023-2024) 016-330-01-00-4 $0.00 0 $0.00 0 $0.00 Total $0.00 U� f'7R!G9NP.L� EXHIBIT E RECORDING REQUESTED BY AND FOR THE BENEFIT OF THE CITY OF BAKERSFIELD MEN RECORDED MAIL TO: CITY CLERKS OFFICE CITY HALL 1600 TRUXTUN AVE, BAKERSFIELD, CA 93301 NM 4-288 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 273881 (a)(1): Recorded document is expressly exempted from payment of recording fees (FBO) Govt. agency) Existing Legal: See Attached Exhibit "A" from Grant Deed per document # 224002015 Map or Project Number: Parcel Merger 23-0192 ATN(s): 016-330-01-00-4 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on :3 Ila I 1,I?b;) U - by Open Door Network, a California Nonprofit Public Benefit Corporation, in Bakers tfield, -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 $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 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: Open Door Network a California Nonprofit Public Benefit Corporation Laure�ki more f JCEO,\ City of Bakersfield: Gregg Str9aluse Public Works Director tl�Kk- ?I EXHIBIT F U� NOTE: All own0s)/developer(s) signatures must be notarized. CALIFORNIA ALL PURPOSE 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 OFF On l►1"Z), J- 4 efore me , fit . ., t - _ � t+_ Notary Public, Date there insert name; and title of the ollicer) personally appeared _ L- k %Go- 6?—'-Gt.. t►tur't., _ 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 my hand and official seal. 10'y M. S. BURTCHER Notary Public • CaliforniaKern CountyCommission # 2353979 Comm, Expires Apr 10, 2025 Si ature: ___(Seal) OPTIONAL _ Description of Attached Document Title or Type of Document: _ Number of Pages: Document I)ate: Other: EXHIBIT F '01L,`1ut�.tille' `�crciec. 7€I" yj7-,''itiJ} bSli-tL'_f�€Ilfti)rItlti,l )C�Siil{i',tl5 C,�t1,�3 13� 13i ci<xi.fse N't sti�i iwexeti{??'i?`� v.n1 _J 8t " 41 k ' v� a- in �t�P�Gi�dr. o EXHIBIT "A" Legal Description For APNIParcet I:D(s): 016-330-01-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOTS 1 TO 32 INCLUSIVE OF BLOCK 220 OF THAT PORTION OF THE CITY OF BAKERSFIELD, FORMERLY KNOWN AS THE TOWN OF KERN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP FILED JANUARY 12, 1889 IN BOOK 1, PAGES 15 AND 16 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THE ALLEY 20 FEET IN WIDTH RUNNING NORTHWESTERLY THROUGH SAID BLOCK 220, AS SHOWN ON SAID MAP, AS VACATED AND ABANDONED BY RESOLUTION OF THE CITY OF BAKERSFIELD, RECORDED MAY 9, 1956 IN BOOK 2604 PAGE 573 OF OFFICIAL RECORDS. > rn O �OR;G�NF.L EXHIBIT F Condition of Title Guarantee CLTA Guarantee Form No 28 (06/0512014) Printed: D2.06.23 @ 11:36 AM Page 3 CA-CT-FWKN-02180.054541-SPS-1-23-FWKN-TO23000128 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 (CMU). 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: Open Door Network, a California Nonprofit Public Benefit Corporation Property description: 529 Dolores Street / ATN: 016-330-01-004 (Address &,"br ATN(sp The individual annual assessments for fiscal year 2023-2024 shall not exceed $262.20 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? Owner Signature: Lauren 6ki ore Title 0frepresenring owner): CEO — 045b Door Network Date: '� ��}► �p�e,� �cOPK� �. EXHIBIT G n o OOP!GIN P.L 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 RE: Inclusion of Parcel Meger 23-0192 (529 Dolores Street) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Parcel Meger 23- 0192 (529 Dolores Street) 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 $1,033.00 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, Lauren Skidmore CEO`, Open Door Network, a California Nonprofit Public Benefit Corporation Date -Z�� EXHIBIT H 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 1-0' day of June 2024, she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 2204 passed by the Bakersfield City Council at a meeting held on the 12th day of June 2024 and entitled: RESOLUTION OF INTENTION NO. 2204 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-288 (529 DOLORES STREET) 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 1) JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield B �, D TY City Clerk S 00CUMENTTORMSWORROImp `3hRIG"IN4..