HomeMy WebLinkAboutRES NO 070-13o7® -la
RESOLUTION NO.
A RESOLUTION APPROVING AND ADOPTING THE
PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT AND
THE 2013 -2014 BUDGET, CONFIRMING THE STREET
LANDSCAPING ASSESSMENTS AND AUTHORIZING
COLLECTION OF ASSESSMENTS BY THE KERN
COUNTY TAX COLLECTOR. (ALL WARDS)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may
provide for the payment of all 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 several lots or parcels of property within the
maintenance district established therefore;
WHEREAS, the Public Works Director has filed his report as set forth in Exhibit
1, attached hereto and incorporated by reference herein, including the 2013 -2014
budget for the Consolidated Maintenance District with the City Clerk's Office, as
required by Section 13.04.130 of the Bakersfield Municipal Code;
WHEREAS, the City Clerk has filed in her office affidavits setting forth the
compliance with the requirements of Chapter 13.04 of the Bakersfield Municipal Code
concerning publishing notice of the hearing on the Consolidated Maintenance District;
and said City Council hereby finds that said notice has been published in the manner
required by law;
WHEREAS, the above hearing was duly held by the City Council at the
time and place for hearing protests to the boundaries of the district, the fairness of the
benefit formula, the zones of benefit including tier level, the reservation of right of the
City to utilize either City forces or to contract with private industry for the operation and
maintenance of the improvements, or the amount of the assessment on any parcel of
property to be assessed; and
WHEREAS, any written protests filed with the Clerk at or before the time set
for said protest hearing were considered by said Council.
as follows:
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield
The foregoing recitals are found to be true and correct and are
incorporated herein.
2. The Council finds and determines that, for
protest provisions of Section 13.04.200 of
Code, there were not sufficient protests
there is not a majority protest.
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purposes of the majority
the Bakersfield Municipal
received and, therefore,
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3. The Council hereby approves and adopts the Public Works Director's
Report and the 2013 -2014 Budget, and confirms and levies the
individual assessments for street landscaping as set forth in said Public
Works Director's Report.
4. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements within the
Consolidated Maintenance District by City forces or by private
contractor.
5. The Public Works Director is hereby directed to file assessments with
the Kern County Tax Collector and the Kern County Tax Collector is
hereby authorized to collect such assessments. These assessments are
exempt from the procedural requirements of Proposition 218.
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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 0 5 1013 , by the following vote:
AYES: COUNCILMEMBER
COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
4"
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUN 0 51013
APPROVED:
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNEY
By:
ANDREW HEGLUND
Deputy City Attorney
Attachments: Exhibit "1 " - Director's Report
Exhibit "A" - Director's Report Benefit Formula
Exhibit "B" - Directors Report Budget
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PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2013 -2014
The City of Bakersfield Consolidated Maintenance District consists of all existing territories,
separately and specifically described, in part, in the County of Kern Assessors Tax Number of
each territory for the various areas of benefit within the Consolidated Maintenance District
within the City of Bakersfield, County of Kern, State of California. The amount of assessment to
be levied against each parcel within the Consolidated Maintenance District is on file in the
office of the City Clerk. The 2013 -2014 Budget for the Consolidated Maintenance District is
attached hereto as Exhibit "B" and incorporated by reference as though fully set forth herein.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, the Public Works Director makes and files this Report and proposed assessment of
and upon all parcels of property within the areas of the district for the cost of maintaining and
operating public parks, public street medians and other public street landscaping
improvements. The improvements for the Consolidated Maintenance District Street
Landscaping Zone of Benefit generally include, but are not limited to: Public Street
Landscaping Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, lighting,
irrigation systems, conduits, water mains; and Public Street Median Improvements consisting of:
turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits and water mains. The
improvements for the Consolidated Maintenance District Park Zone of Benefit generally
include, but are not limited to: turf, plant forms, shrubs, ground cover, trees, irrigation systems,
conduits, water mains, playground equipment, picnic tables, drinking fountains, barbecue pits,
security lighting and restrooms.
The improvements in this Consolidated Maintenance District are of a public nature. The
assessment includes the cost of necessary repairs, replacements, water, equipment,
electricity, care, supervision and any and all other items necessary for the proper
maintenance and operation thereof.
For many years, parks, street medians and other street landscaping improvements in the
City were maintained through traditional tax revenues. After the passage of Proposition 13 in
1978, funds available for maintenance and operation of local public improvements were
substantially reduced. At present the City's budget does not allow for the cost of all
maintenance and operation of local public improvements of the types described above.
Thus, without funds for maintenance and operating costs from a source other than general tax
revenues, the City does not permit new parks, public street median or other public street
landscaping improvements to be constructed within the City. The funds generated as the
result of this district are utilized strictly for the purpose of and applied to the maintenance and
upkeep of public parks, public street median and other public street landscaping within the
district. The Consolidated Maintenance District has been specifically designated to address
park maintenance and operation, and maintenance of public street median and other public
street landscaping improvements and all parcels within the district are affected.
The areas within the boundary of the Consolidated Maintenance District receive benefits
from the improvements and maintenance thereof. These benefits include street
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beautification, open space enjoyment, recreation and noise reduction due to the installation
of street landscaping, walls, and parks.
The benefits from the installation of street landscaping accrue to all the lot or parcel owners
within the Consolidated Maintenance District Street Landscaping Zone of Benefit. The benefits
of the street landscaping inure to all lots or parcels uniformly, and are based on an Equivalent
Dwelling Unit basis, in accordance with Exhibit "A" of each territory hereof.
Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of Benefit.
These benefits are, therefore, uniformly assessed on an Equivalent Dwelling Unit basis. No
assessment for park benefits is made on non - residential lots.
The benefit formula for the Consolidated Maintenance District is set forth in Exhibit "C" of
each territory, and is on file in the office of the City Clerk.
Historically, the City has identified the costs of street and median landscaping and park
maintenance amenities that are not within the boundaries of the Consolidated Maintenance
District and are therefore paid for out of the General Fund. The City then provided a subsidy
to parcels within the Consolidated Maintenance District up to the amount of those costs (i.e.,
as of 1996, a 66% subsidy for park maintenance costs and 7.3% for street and median
landscape maintenance costs). After the passage of Proposition 218 in 1996, the City has not
raised assessment rates within the Consolidated Maintenance District even though
maintenance costs have risen. Consequently, the subsidies to parcels within the Consolidated
Maintenance District have continued to rise since 1996.
On January 12, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy
on Park Maintenance and Street Landscaping Assessments which enables the City to collect
additional revenue for the maintenance of street and median landscaping and park
maintenance within the Consolidated Maintenance District.
As of January 12, 2005, all new territories added to the Consolidated Maintenance District
that benefit from public parks and /or street landscaping shall be assessed, consistent with the
requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019 -05.
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.
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NOW, THEREFORE, I, RAUL M. ROJAS, Public Works Director of the City of Bakersfield, by
virtue of the power vested in me and per direction of the Council of said City, hereby submit
the Benefit Formula and Budget for the Consolidated Maintenance District for FY 2013 -2014,
attached hereto as Exhibit "A" & "B" respectively. The Assessment Roll for the Consolidated
Maintenance District for all parcels of property within the various areas of benefit of the
Consolidated Maintenance District, subject to be assessed to pay the cost of maintenance
and operation of the above described improvements in said territory, is on file in the City
Clerk's Office.
Dated: 3
RAUL M. ROJAS
Public Works Director
City of Bakersfield
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BENEFIT FORMULA
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
Each parcel in the Consolidated Maintenance District shall be assessed the sum of the
amounts as defined below:
Rate:
The rate shall equal the dollar amount shown per the tier level of your zone of the
Consolidated Maintenance District as approved by City Council Resolution 019 -15 and incorporated
herein. As per that 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 within the Consolidated Maintenance District
are established by the Parks and Recreation Department through separate policy.
FORMULA
TOTAL ASSESSMENT AMOUNT = ((PARK RATE X PARK TIER) + (STREET RATE X STREET TIER) X EDU'S
ANY COUNTY FEES.)
PARK RATE AND STREET RATE: Amount assessed annually based upon either the
proposition 218 ballots or if the parcel joined prior to
proposition 218, the rate in effect when proposition 218
was passed in November 1996.
PARK TIER AND STREET TIER: The factor for the tier level is assigned by the Parks and
Recreation Department and is based upon the level of
amenities in proximity to the parcels receiving special
benefit.
COUNTY FEE: Any fees applied by the Kern County Tax Assessors
office for the addition and any collections of this
assessment on the annual Tax roll. The fee for the
2013 -2014 tax year is $0.20 per billed parcel.
EDU's: EDU's or Equivalent Dwelling Units are assigned by the
Bakersfield Planning Department as the theoretical
maximum population density by planning zone. If a
parcel is completely developed than the actual
number of dwelling units will be used for this value.
Any parcel may be added to the City of Bakersfield Consolidated Maintenance District if they fall under
the criteria as described in Bakersfield Municipal Code section 13.04 or as part of: Site Plan Review Conditions,
Zone Change, a General Plan Amendment, or Conditional Use Permit.
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2013 -2014 BUDGET
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
STREET & PARK MAINTENANCE
City Staff Services or Contract, Supplies, Materials and Utilities)
Gross Park Budget Amount Required
Gross Street Budget Amount Required
Less: City Contributions per Resolution 63 -96
NET AMOUNT TO BE ASSESSED
Deficits not carried over from previous years. Deficits to be paid
by the City of Bakersfield.
2,243,564.29
5,191,005.71
1,861,253.15
5,573,316.85
EXHIBIT B ,,aK4
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