EXHIBIT 1
DEVELOPMENT SERVICES DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-325
Fiscal Year 2026-2027
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 3315 Union Avenue 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 Development Services 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
EXHIBIT 1
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, PHILLIP BURNS, Development Services Director, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2026-2027 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:
PHILLIP BURNS
Development Services Director
City of Bakersfield
Area 4-325
Containing:0.82 Acres, more or less.
SPR 24-0028
3315 Union Avenue Bakersfield California
LEGAL DESCRIPTION
An area located in Section 19, Township 29, Range 28 M.D.B. & M., more particularly described as follows:
EXHIBIT A
BENEFIT FORMULA
The
factor for the tier level, which equals the street or tier number. This tier is assigned by the Parks and Recreation department for the entire area of the Consolidated Maintenance District.
Multiplied by
(Tier):
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.
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.
The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel.
Multiplied by
(EDU):
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:
EXHIBIT C
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
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 Commercial / Industrial / Mixed Use: 6 EDU per gross acre R-S-10A 0.1 Agricultural: 1 EDU per gross 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:
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, Z one 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.
EXHIBIT C
Said assessment is made in accordance with the benefit formula attached hereto. 2026-2027
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
MAINTENANCE DISTRICT AREA 4-325
EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2026-2027)
002-011-02-00-0 $0.00
0 $0.00
0 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00
FISCAL YEAR 2026-2027
MAINTENANCE DISTRICT AREA 4-325
ASSESSMENT ROLL
EXHIBIT E
Exhibit 'B'
1 O O 1 8
Legal Description
Parcel 1:
All that portion of the Northeast quarter of the Southeast quarter of Section 19, Township 29 South, Range 28 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, according to the official plat thereof, described as follows:
Beginning at the Northeast corner of the Southeast quarter of said Section 19; thence West a distance of 57. 75 feet; thence South 0° 14'00" East, along the West line of Union Avenue, a distance of 151.15 feet to the Southeast comer of the land described in the lease to Standard Oil Company of California, as lessee, recorded June 21, 1957 1 in Book 2805, Page 159 1 of Official Records, said point being the true point. of beginning; thcn_'-le from said true point of beginning, South 0° 14 1 00" East, along the West line of said Union Avenue, a distance of 180 feet to the Northeast corner of that certain parcel ofland conveyed to Byron F .. Loyd, et ux., by deed dated October 20, 1959 and recorded November 16, 1959, as Document No. 67644, in Book 3212, Page 570, of Official Records; thence South 89 °59'151 l West, along the North line of Loyd property a distance of206 feet; thence North O O
14'00" West,
parallel with the West line of Union Avenue, a distance of 180 feet, to a point in the South line extended westerly of the land described in the aforementioned lease; thence along the South line extended westerly and the South line thereof North 89°59 I 15" East, 206 feet to the true point of beginning.
Except all of the minerals including oil, gas, asphaltum and other hydrocarbons in and under said premises, as reserved by the Kern County Land Company, a cor-poration, in deed recorded June 14, 1943, in Book 1144, Page 78, of Official Records. which deed provides that the said Kern County Land Company, its suc-cessors and assigns, shall not conduct drilling or other operations upon the surface of said land without first having secured the written consent of the grantees in said deed their heirs and • assigns; but nothing therein contained shall be deemed to prevent the said Kern County Land Company, its successors and assigns, from extracting or capturing said minerals by drilling on adjacent or neighboring lands and/or from conducting sub-surface drilling operations under the said lands at such depths as not to disturb the surface thereof or any improvements thereon.
Parcel 2:
An casement for ingress and egress over the West 30 feet of the East 187.75 feet of that portion of Section 19, Township 29 South, Range 28 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, according to the official plat thereof.
Parcel 3:
A non-exclusive easement for ingress and egress over the West 30 feet of that portion of the Southeast quarter of the Northeast quarter and the Northeast quarter of the Southeast quarter of Section 19, Township 29 South, Range 28 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kem, State of California, according to the official plat thereof, and being more par-ticularly described as follows, to-wit:
Commencing at the East quarter corner of said Section 19; thence North 89°58'50" West, and along the East-West quarter Section line of said Section 19, a distance of 57 .75 feet to its point of intersection with the West line of that certain road known as Union Avenue, said point being the true point of beginning of this description; thence South 0° 14'00" East, and along said West line of Union A venue, a distance of I 51.15 feet, more or less, to the Northeast corner of that certain parcel ofland eonn_eyed to Joseph L. Mooney, et ux., by deed recorded July I, 1965, in Book 3853, Page 806, of Official Records of Haid County; thence South 89°59'15" West, and along the No1ih line of the aforemen-tioned Mooney prope1iy, a distance of 150.00 feet; thence North 0° 14'00" West, and parallel with the West line of said Union Avenue, to a point on the South line of 34th Street of 80.00 feet in width; thence South 89°58 1 50" East, and along said line to a point which lies 57. 75 feet West of the East line of said Section 19; thence South O
O
14'00" East, a distance of 53.85 feet, more or less, to the true point of beginning of this description.
Parcel 4:
An casement to construct and maintain a sign on the westerly 5 feet of the southerly 5 feet of the northerly 15 feet of the land described in Parcel 3.
EXHIBIT F
EXHIBIT G
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 CaliforniaA I County of Lo S .,1-WlJf e S
1 0 O 1 8
before me, ---=l '-"/Mc=.;..:; v:.....;5'-----�-'-----1---ft_vb_/:l ___ _ (insert nam and title the officer)
personallyappeared /-lo�lf.� Sl1--t1Aberh yv\r,..\\on
who proved to me on the ifasisof 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
DARIUS TALLEY
COMM. 12485288 c:
NOTARY PUSUC•CALlfORNIA I
LOS ANGELES COUNTY
My Comm. ExplN!s MAIICff 24, 2028
EXHIBIT G
Inclusion of a Subdivision into the Consolidated Maintenance District City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of Site Plan Review# 24-0028 (3315 Union Ave) in a Consolidated Maintenance District (CMD) (MD 4-325)
1 O O 1 8
We, the undersigned, as owners of the property included within Site Plan Review # 24-0028 (3315 Union Ave) hereby request that the property be included within the CMD (MD 4-325). This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $1,133.00 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 (MD 4-325) 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,
a ev--.... J.C1-Wo1 - Associate Construction Manager
Taco Bell Corporation
Date
EXHIBIT H
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/\
I County of Los r\Yl?e f S
1 0 O l 8
before me, JCJ,n-,•vs ID-/l
ft'
}\)�'tit fvbl;l
(insert name an title of th officer)
personally appeared H °'- [ F'Z0\ 0\ l\ Oi"\
who proved to me on the basis f 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
DARIUS TALLEY
COMM.12485288 e
NOTARY PU8UC ·CALIFORNIA I
LOS ANGELES COUNTY MyComm,ExplruMAIICH24.20l8
EXHIBIT H