HomeMy WebLinkAboutROI NO 2221RESOLUTION OF INTENTION NO.2221
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-287 (1209 M 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
territory, Area 4-287 (1209 M 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'; s
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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 otherlaw)
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 ��AKF9
o sue,
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CRIGJNAL
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
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
;AN 0 8 2025 -by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, ' SMITH, KOMAN, BASHIRTASH, KAUR
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
&"IM
J LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: AN 0 8 2025
NIV
By
KA EN 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"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit 'T
Page 3.of 3
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ORIGINAL
PUBLIC- WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-287
Fiscal Year 2024-2025
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A is
described as 1209 M 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 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 Price
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Index. However, parcels will not be assessed until park and/or street landscaping and/or hard-
scaping median improvements have been installed. When park and/or street landscape
and/or hard-scaping .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 by 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, ZAC MEYER, 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
maintenance and operation in said area.
Dated: 12—/17/7o?J4
EY
CF.ieMc Works Director
City of Bakersfield
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EXHI9IT 1
ORIGINAL
LEGAL DESCRIPTION
Area 4-287
An area located in Section 30, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
SPR 23-60000343
1209 M Street Bakersfield California
Containing: 0.14 Acres, more or less.
EXHIBIT A
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ORIGINAL
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ORIGINAL
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 EDUD + ((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
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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-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 C o�gAK�c9�
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ORIGINAL
MAINTENANCE DISTRICT AREA 4-287
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
$0.00
EXHIBIT D o�$NK499
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ORIGINAL
MAINTENANCE DISTRICT AREA 4-287
ASSESSMENT ROLL
FISCAL YEAR 2024-2025
Assessor's Tax No. Total amount to
be collected for
FY (2024-2025)
006-440-10-00-9 $0.00
0 $0.00
0 $0.00
Total $0.00
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EXHIBIT ESQ
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ORIGINAL
REC0RQJNG1,RMUESTEQaY
AN613FTHE tlitk&tf& "
THtG�*0PA-MRSFIELD,
WHEN RECORDED MAIL M4:
CITY CLERKS OFFICE
CMY'HALL
1 '600TF_ 'A dJ=N Y5
10A 53301
MD4-287
No recordiqg,terequired: exempt pursuant to
GdverNRtent>-lrqoo slectiori'27383
G0ternmont,4gen -W,-apquiring We —exempt from
Documentaity1raiiiifdr4ax- , i ' ' -
, , perR&TCod&`t1'922
GQ Recorded document is expressly
�ekemptedlrom.payrnent of --recording fees (FBO) G6vt agency)
THIS SPACE FOR RECORDER'S' USE, ONLY
llil$° COVENANT is executed on L UV �4Jr Al - by Golden EmRi:re Affordable
RoqgnZ, 111c, A,40&A public, benefit corporation,C
in Bakersfield, herein, after referred to as Owner"),"in
connection 4Wthe Consolidated Maintenance District, located in the City of BakersfieldCA.
�
'The Fogerty herein, described is located within the Consolidated Maintenance Distfi.ctand may -be
assesse&ori .40",origoing;, yearly basis,, for maintenance of'a public park and landscaping on publib,ii I ghts-of way
within "the&W6t The, appropriate, Street and; Park Tiers will be assigned -by the Parks and Recreation
Departm'�-,sspssment is imposed'in accordance -with California Proposition 21 8 with the Consent i the,
, A i - of
Majority Property Qyneoyas can be.seen onothe ballot cast and attached as-Exhibit,W.
Aldough this may have been assessed a lesser amount the present resent tax year, the ultimaie
'estimated annual assessmentfor, maintenance of a public park, an d
- d public landscaping base, on full build "outof -this, di is $272.75 per e tilyalent dwellingunit. based on fiscal year 2024-2025 dollars and labor costs
,of the district in each" s�qbseq ueit year, annual Assessments may increase the cost of living', reflected in the
LosAnyoles -Riverside - 0 County. /,A!! Urban Consumers C,6nsumer Price Index. (See Bakersfield.
nCittouncil['Resolution -No. 019-05.) This covenant may, not be: amended or modified without the prior
I r
approv;#, ofthe City of Bakersfield. This covenant shall -,run- with the lan&
Dated This:
� T
Golden, Emph*AffiordAble, Housfn& Inc.
Stephen M7 Pe 71i
Execrative Director
:NOTE: Ail oWftgsYdavolo*s) signatums, must be notarized.
-City cif Bakersfield:
Meyer
-ting PUblic Works, Director
EXHIBIT F
k K6;9
119MICUMM
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verges 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 Califomia.
County of Kern )
.On August 2.8, 2024
before me, Joanna Maldonado, Notary Public
(insert.name and title of the officer)
personally appeared Stephen M. Pelz
who proved to me .on the basis of satisfactory evidence to be the persons) whose name(s) is/are
subscribed to the within instrument and. acknowledged to me that he/she/they executed the same in
his/herltheir 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 persons) 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.
Signature
(Seal.)
? JOANNA MALDONADO
f
Notary Public - California :
Kern County �
Commission k 2481813
y Comm. Expires Apr 23, 2028
EXHIBIT F
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ORIGINAL
Exidbit 'A" to the Covenant Disclosing -' Inclusion in aDNILaintenanceDistrict.
� 114P
21,9 BALLOT
CITY -OF BAKERSFIELD CONSOLIDATED MAINTEN
—ANCEDISTRIICT
'This ass a -,ballot is for the use of'the the. property owner of the parce:1(§) identified bel w.
scssqgnt d 6.
iAr 61r and proposed to be include& in the City ofBakersfield C onsolidated, Maintenance District
"Mis assessment ballot: may be used to: express, either support, for or, opposition to
fft� within the CMD. To, be counted, this assessment ballot musd-be, signed - b I eloW by -the
owner or"'if tht-OWner, is - not: afi, individual., by an authorized representative of the owner`.
[T0 CATHISBALLOT, PLEASE RETURN THIS ENTIRE PAGE]
OFMIAL ASSESSMENT BALLOT
Property -Owner. golden Empu:e Affordable. 14,oug&.Inc.
.P-Mpeny,Ogsc4ptibn-,1209:MStmet,-/,ATN--006-440-1--G-OO-,9.
The individual annual assessments' for. fiscal yoar'2024-202$ shalLnot meed, W2.75 per
equip dv�ellrng unit `phis any costs ircurr� 'by the.- City irom the: County Assessor"s pf�ice
a%n;� parcels to; the Tax Roll:: NOTE: 1n. -each sui�sequent year; annual assessments inay
increase lay "the° cost of living reflected in the Los Angeles : Riverside -Change County/Aij` Urban
Consumers C nsuiner Price Index.
ASSESSMENT BALLOT WASURE
Shalt the City Council of City of
Bakersfield include .the above described *e yes
property within the Coosolidatecl N4,affitonance
District ':and -levy ah.assessment not to exceed C—) �o
the- amount set forth above?
Owner gignartird.
Stephen M.
Title Ofte ,pr owner):
6ate:
EXHIBIT G $NKe ,q
11 & Er,
fn
ORIGINAL
thelp nofoUbdivislon into the Consolidated Maintenance 'District
pity
ofBakersfiold - Public Works Department
Attn-jOaqpreetS. BOW-,
1,6100 TruxtunAvenue
30ker0eld, California 93301
QearUr, BON:
RE, Inclusion of Site Plan Review# 23-60000343 (1209: M Street,), in;k-
Conwolldated Maintenance District (GRAD} (MID 4-287)
'We, the Undersigned, as owners of the property included Within Site Plan Review#
23-60000343 (1,209 M Street) hereby request that the, property be included within the
Wbf 4-287), This request is in accordance with� the requirements of Bakersfield
Code Section 13 , .,04.021. Enclosed is a check for $1,,06,9.00 as required.
by theCity, to cover- the costs of this inclusion into the CMD. If requested, our
angineer-wills v youwith :a computer & map for your use.
disk copy -of the.
We qn4erttand, that under Proposition 218 and Government Code section 53753
le law-), a City Council hearing, will be held for purposes of, -including the-
abovea property Within the CIVID. :(MD ####) and determining the amount of
assessments-. We hereby waive our right to have a , hearing Withih the Unit,
parameters set forth in: the applicable law. We further understand'thait the hearing- is
w1mdu for- .20— at. 5 15, in the, Council Chambers located at 150 r I
Tru)dun. Ave,, Bakersfield, CA. 933011. We, hereby Waive our right to further notice of
that hearing,.
Respectfully-,
Golden _ Empire Affordable Housing, Inc.
EXHIBIT H
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 13th day of January 2025, she posted on -the Bulletin
Board at City Hall, a full, true and- correct copy of -the following: Resolution of
Intention No. 2221 passed by the Bakersfield City Council at a.meeting held on
the 8th day of January 2025, and entitled:
RESOLUTION OF INTENTION NO. 2221
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-287
(1209 M 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)
JU.LI:E .DRIMAKI-S,`-MMC
City Clerk and ExLLOffido_of the
C_oOgpi of the City of -Bakersfield
� BJ .
'P Ty City Clerk:: `.
SADOCUMENT\FORMSWOP.ROI.wp O-�PK�9.c�
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ORIGINAL