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HomeMy WebLinkAboutROI NO 2213RESOLUTION OF INTENTION NO. 2213 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-294 (1331 24TH 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 2) 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 ter(tory, Area 47-294 (1331 24th 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 "1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A'; Page 1 of-3 ��AkF9 Q J� t- m U � O ORIGINAL 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 F � AYF9 Page 2 of 3 > `" F. m r v o ORDINAL 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 OCT 2 12024 by the following vote: AY COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, K WR NOES: COUNCILMEMBER ABST COUNCILMEMBER BSEN`' COUNCILMEMBE J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: OCT 2 3 2024 By KA EN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By: , VIRIDIANA GAL ARDO-KING Deputy City Attorney Attachments: Exhibit " C' Exhibit "G" Exhibit "1" Exhibit "D" Exhibit "H" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" �q,AKF9 o s� Page 3 of 3 : o ORIGINAL PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-294 Fiscal Year 2024-2025 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1331 24th 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 fax 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 IivirA�`F9 reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price m v r O EXHIB 'AL 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 attache_ d hereto_ and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, ZAC MEYER, Acting 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 2024-2025 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 rriaintenance and operation in said area. Dated: 10 A bon Z- YER ring Public Works Director City of Bakersfield EXH JIMTI `AL LEGAL DESCRIPTION Area 4-294 An area located in Section 30, Township 29S, Range 28E M.D.B. & M., more particularly described as follows: S P R 23-0588 1331 24th Street Bakersfield California Containing: AREA IN AC Acres, more or less. EXHIBIT A n� 9sT � r � o MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-294) TO THE CONSOLIDATED MAINTENACE DISTRICT BAKERSFIELD, CALIFORNIA MD 4-294 00538208 N Feet EXHIBIT "B" FILE: MD 4-294 SHEET 1 of 1 �J KF9 T rrcpa.m ev Ne uy m eawersr�ae, CA, oewRmeec orTe<nrc+oyr senams. ccog,aonc mromwro� semres am wtrk woks, seeorv�� me crtva eakersr io makes no warrarM1Y, representaGm,or 9oanmtee r gard'ng Hie atty� l' of Nis maP. This maG is inteMed for disyWY Wmeses onb aM dces rroI replace olfival �ttatlN Eaummis. � O EXHIBIT "C"- CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone. of the Consolidated Maintenance District on Attachment A "Consolidated. Maintenance District Cost per Tier" as approved by City,Council Resolution 019-15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles — Riverside — Orange County / All Urban Consumers Consumer Price Index." Tier levels forboth'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, whichequals 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 C8�-, � o 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 fal: "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of- way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R-1 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E: 4.36 R-S 1.82 R-S-1 A 1 R-S-2.5A 0.4 R-S-5A 0.2 R-S-10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT Q "N��N N F- m U r' O GRiGINAL MAINTENANCE DISTRICT AREA 4-294 Said assessment is made in accordance with the benefit formula attached hereto. 2024-2025 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 Q�,AR,69A L) O GRiGINAL MAINTENANCE DISTRICT AREA 4-294 ASSESSMENT ROLL FISCAL YEAR 2024-2025 Assessor's Tax No. Total amount to be collected for FY (2024-2025) 005-382-08-00-4 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E 1p � T v � O ORIGINAL RE1b0RDlWAE4UtST.Eb BY, Mafqf;(tHE: I' PIT OF THE _C11Y, -0,FBAKER SFIELD , AHEM R500ROPIDIMI LTO: CITY' 0L91�QFFJ,!PE CITY, HA ,L� TRq" AVE, aAKEMFjE40, QA,93301 No recording-feemqWredexL-mptpursmrit-to GOVernr6eni,Qede Section,27383 encys acquiring ti tter- ltle — exempt from. Docurne* Ofertax,per R & T Code,1192,2 GC,27388A0)(1�--Recorded document is expressly exprript W from -9frecording fees T80) GovL agency) THIS CO - VENANT is executed on . ALj4L4r.S+ Q1 ;'O;t L4—bv QgLy �LL' - �aCal�ifbmia-, United UiNft, -Comn in Bakersfield, herein air referred to- as, ("Owner"), i , n connection. with the Consolidated A"i4eiiancc District located in the City of Bakersfield, CA. lbereal -property herein described is located within, the Consolidated Maintenance District and may be assessed owan-.orlgaing, yearly basis "for maintenance of a public park and landscaping on public rights -of -way within the, distriet, The :appropriate Street, and Park Tiers will be assigned by the Parks and Recreation Department. Assessment is imposed m accordance with California Proposition 218 .with the. Consent of the; Majority PoportyQwmer(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 f6r maintenance of a,public Park and public landscaping based oft full build out of this: dlm i &`$1,72.75, per equivalent dwelling unit,based, on, fiscal year 2024-2(l25 dollars and labor costs of the disci iot Jfte4cli subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles~ - Riverside - Orange, County I All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 010-05.) This covenant may snot be, amended or modified without the prior approval: ofthe City of Bakersfield. This covenant shall run with the land. ��= M M Gad, LC zzs�� A-pting, Public Works! [�irector EXHIBIT F ORIGIN) CALIFORNIA JURAT CERTIFICATE Anotary publze or oilier officer completing this certificate verifies only the iden'tlt-yofzt irtt vidual who signed the document to which this certificate is attached 4nr3 n0t'#ho truthftA'ness,, accuracy or validity of that document. State of California County,of EOM Subscribed a lici sworn fo "or affirmed before me on this (. } day of 203'b proved to one "on the basis of satisfactory evidence to be the person( who appeared before me.. .IACQUELINE 0. CEHUA NoWy Public Califardla ar Los Angetes Counfy_ Commission # 236617$6 `r= tay:Comm. Expires'Jul 21, 2025 (Notary Seal): "DMONA1.. OPTIONAL IN O ATI[ON DESCRIPTfQN OF -THE ATTACHED DOCUMENT f?tle of descfiption of attsclaed document) Numb""eC +4�Pt�°es ;Individual (s) ❑ Cozpo to Officer (Title): Panne(s)' ra Attome lit fact Tfustedoo Q INSTRUCTIONS FOR COMPLETING THIS FORM tiny acknowledgment completed in, Caltfornut must conmain verbiage eractly' as appears above'frn the notary section or a separate acknowledgment form must be" - prop,! y cotpleted and attached:to that document, '77re only ezeeptiart is: if a document is to be,recorrled autside of California.. In such nutattc-, any afiernative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that, is illegal fbi a notatiy in Callfnrnia (i a. certain; the authorized cupaci{y="of the signer Please check the document earefuflyfr proper notarial irveding rind attach this form fi equired • Slate and County .infrnmation must be'the State and County where the document signers) personally appeared before the"notary public for acknowledginei to • -Sate of notarization must be" the date that the signers} personally';appeared which mustatso be the, siunedate the acknowledgment is completed: • The botan public most paint his or her name as it appears within his or her . commis06n;followed bv.:a comma and then your title (notary public). • print the names) of document signers) who personally -appear at the time of notarization. • Indicate the;correet singular.or plural foams by crossing off incorrect forms fi.e.. he �relt6 ,_ 'farms or circling the correctfotms. Failure to correctly indicate this inf x tauition may lead to rejection ofdocument recording. • The notary seal impression must be clear and photognaphieally reproducible., Impression must not cover text or lines: If'scal impression srmudgcs, re -seal it a sufficientarea permits, otberwisecompletc.a different acknowledgment form. Signature of'the notary public must match the signature on tale with the ofhce.of the county clerk.. OR Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a -different document cQ Indicate title or type of attached document. number.afpages and date. ca lrsdicate the"capacity claimed by-thesigner. Ifthe claimed capacity is;a- corporate'ofh'cer indicate the title (i.e. CEO, CFO, Secretary) - Securcly-attach'this document to the signed document r.vTTT" rmn 1.VIN 2015 Version. CAS'A v1]'0.07 $Ot) &i3-9&6S to r c� O CRiCINAL 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: Gafv, LLC Property description: 1"331 24" ST / ATN: 005-382-08-00-4 (Address &/or ATN(s)) The individual annual assessments for fiscal year 2024-2025 shall not exceed $272.75 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 -oftheCity of Bakersfield include the above described ✓ Yes property within -the Consolidated Maintenance District. and levy an assessment not to exceed_ 0 No the amount set forth above? Owner Signature: Islam ElgZK-�LQ Title (if representing owner): Owner — Date: SEE LOOSE NOTARY EX IBIT G CERTIFICATE ATTACHED'- m � o ORIGINAL 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 Site Plan Review# 23-0688 (1331 24th Street) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Site Plan Review # 23-0588 (1331 24th Street) hereby request that -the property be included within the CMD. This request is in accordancewith the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $1,069.00 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, lslam Elgafy Owner Gafy, LLC - oA� V--& Date EXHIBIT H H- m J p ORIGINAL 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 25th day -of October 2024, she posted on the Bulletin Board at City Hall, a full, true and correct -copy of the following: Resolution of Intention No. 2213 passed by the Bakersfield .City Council at a meeting held on the 23ra day of October 2024 and entitled: RESOLUTION OF INTENTION NO. 2213. A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-294 (1331 24TH STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY APPROVING, CONFIRMING AND ADOPTING THE PUBLIC -WORKS DIRECTOR'S REPORT, THE BOU-NDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD-2) J U LLE--D R I MAKCS,..M MC City Clerk and Ex Officio of the &bunch of_the City of -Bakersfield TY Cyity Clerk` SADOCUMENT\FORMSWOP.ROl.wp s ORIGINAL