HomeMy WebLinkAboutRES NO 100-02RESOLUTION NO. I 0 0 ' 0 2
A RESOLUTION APPROVING AND ADOPTING THE PUBLIC
WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED
MAINTENANCE DISTRICT AND THE 2002-2003 BUDGET,
CONFIRMING THE STREET LANDSCAPING
ASSESSMENTS AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR.
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 therefor; and
WHEREAS, the Public Works Director has filed his report as set forth in
Exhibit 1, attached hereto and incorporated by reference herein, including the 2002-2003
budget for the Consolidated Maintenance District with the City Clerk's Office, as required
by Section 13.04.130 of the Bakersfield Municipal Code; and
WHEREAS, the City Clerk has filed in her office affidavits setting forth the
compliance with the requirements of Section 13.04.140 through 13.04.160 of the
Bakersfield Municipal Code for publishing, posting and mailing notices of the hearing on
the Consolidated Maintenance District; and said City Council hereby finds that said notice
has been given in the manner required by law; and
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.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
The foregoing recitals are found to be true and correct and are
incorporated herein.
-1-
oRtGINN
The Council finds and determines that, for purposes of the majority
protest provisions of Section 13.04.200 of the Bakersfield Municipal
Code, there were not sufficient protests received and, therefore, there
is not a majority protest.
The Council hereby approves and adopts the Public Works Director's
Report, the 2002-2003 Budget, and confirms and levies the individual
assessments for street landscaping as set forth in said Public Works
Director's Report.
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.
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.
-o0o-
-2-
QRIGINAt
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
~,,j;~ [~, ~.(~QT. , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER I[x.~/~
COUNCILMEMBER ~
COUNCILMEMBER ~
JUN ~
APPROVED:
MAYOR of the City of Baker~sfield
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
CITY ATTORNEY
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S:\PROJECTS\MAINDIST~ESTAB\CMDO2St.wpd
-3-
ORIGINN
PUBLIC WORKS DIRECTOR'S REPORT
FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2002-2003
The boundary of the City of Bakersfield Consolidated Maintenance District is generally
described in Exhibit "A" and is specifically as shown on the Map and Assessment Diagram under Exhibit
"B" for the various areas of benefit within the Consolidated Maintenance District, a district within the City
of Bakersfield, County of Kern, State of California. (Exhibits "A" and "E are on file in the office of the City
Clerk and Exhibits "B", "C" and "D" are attached hereto 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, replacement, 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.
EXHIBIT "'1"
1
oRIG[NN.
The areas within the boundary of the Consolidated Maintenance District receive benefits
from the improvements and maintenance thereof. These benefits include street 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 "C" hereof.
Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of
Benefit. These benefits are, therefor, 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"
attached hereto and incorporated herein as though fully set forth.
The City has identified those amenities outside the Consolidated Maintenance District
whose maintenance is currently paid for out of the General Fund and has provided a credit up to that
same level to those within the Consolidated Maintenance District. The assessments contained within this
report for the Consolidated Maintenance District have been amended to reflect a 66% subsidy in
maintenance costs for parks and a 7.3% subsidy in costs for street and median landscaping. This year,
due to the passage of Proposition 218, assessment rates and methodology will not change and therefore
the rates for 2002-2003 will remain at the 2001-2002 level.
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 Fiscal Year 2002-2003 Budget attached hereto as Exhibit "D" and Assessment Roll as set
forth in Exhibit "E" 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 public improvements in said district.
Dated:
RAUL M. ~R~
PUBLIC WORKS DIRECTOR
CITY OF BAKERSFIELD
S:\PROJECTS\MAINDIST~Roi\CMD02RoiSt.wpd
2
ORiGINAl
EXHIBIT "A"
BOUNDARY DESCRIPTION
CONSOLIDATED MAINTENANCE DISTRICT
FISCAL YEAR 2002-2003
See Exhibit "A" of
Resolution of Intention No. 1272 (street and median landscaping) and
Resolution of Intention No. 1273 (park landscaping)
on file in the City Clerk's Office.
S:\PROJECTS\MAINDIST~ExhibitA\ExhA02Est.wpd
OR GINAi
-- DAY OF
IN BOOK -- AT PAGES
OF ASSESSMENT AND COMMUNITY FACILITIES
IN THE OFFICE OF THE COUNTY RECORDER
STATE OF CAUFORNIA.
JAMES W. MAPLES
COUNTY ASSESSOR-RECORDER
BY
DEPUTY RECORDER
TION COMBINED ~4E INDIVIDUAL MAIN~NANCE
ATED MAINTENANCE DISTRICT, ON THE
AND AMENDED ~'IE CONSOLIDA~D MAIN~NANCE
20..~ SAID MAP AND
IECORDED IN THE OFFICE OF THE DEPARTMENT
ON THE DAY
FILED IN THE OFFICE OF 'R4E CITY CLERK THIS
OF , 20__. CITY CLERK OF THE CITY 0~-
BAKERSFIELD, CAUFORNIA
C4TY
CLERK
OF
BAKERSFIELD, CAI
'3RIGINAi
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel in the Street Landscaping Zone of Benefit shall be assessed the
amount as defined in (1) below:
Each parcel in the Park Zone of Benefit shall be assessed the amount as defined
in (2) below:
Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of
the amounts as defined in (1) and (2) below:
(1) shall equal the dollar amount budgeted for the maintenance and operation
of the STREET LANDSCAPING (S) within the district, adjusted for prior year
fund balance or deficit;
Multiplied by (a):
Multiplied by (t):
Divided by (b):
The number of Equivalent Dwelling Units (EDU's as
defined on page 2 of this exhibit) for the parcel, and;
The factor for the tier level, which equals the street tier
number, and;
The total number of street EDU's in the district.
(1) = S x a x t
b
(2) shall be the dollar amount budgeted for the maintenance and operation of
the PARKS (P) within the district, adjusted for prior year fund balance or
deficit;
Multiplied by (a): The number of EDU's for the parcel, and;
Multiplied by (t):
Divided by (b):
The factor for the tier level, which equals the park tier
number, and;
The total number of park EDU's in the district.
(2) = P x a x t
b
EXHIBIT
Page 1 ~e~4
EQUIVALENT DWELLING UNIT (EDU) CHART
An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shall be
calculated by use or potential use per zoning as follows:
USE
Agricultural Zone
Single Family (Detached
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
less than 5 acres.
Multi-Family (Attached)
Undeveloped R-2, R-3
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
1/acre
0.71/unit
0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
6/acre
0.71/unit
1.00/unit
Rounded down to the
nearest whole number.
Rounded down to the
nearest whole number.
Number of units shall equal
the acreage multiplied by 12
rounded down to the nearest
whole number.
Rounded to nearest .01
Each calculated per the
above.
EXH I Bl~'~?~,~d,
Page;_2'°f 4 ~
")RIGINAi_
EDU EXCEPTIONS
Several exceptions have been made to the base EDU rates in the areas listed below due
to commitments made at the time of formation of the original districts.
USE EDU REMARKS
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
Parkside Villaqe (2-01)
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Single Family
Dwelling Unit (Vineyard)
1.0
Multi-Family
Dwelling Unit (Shores)
0.86/unit
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
0.58/unit
Non Residential
(Castle & Cooke)
24.26
Non Residential
(Parkside Partners)
7.56
Brimhall & Verduqo (1-09)
Seven Oaks, North (2-11) & South (2-20)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Villaqe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBIT ~C; "~
Page 3~f 4 m,..
ORIGINA
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
EDU
3
0.71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
Park maintenance fee to be
paid per Agreement 96-81(1).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
S:\PROJECTS~MAINDIST~ExhibitC\ExhC02.wpd
EXHIBIT ~,¢~z',~d,
Page ,~4~-bf 4 ~
ORIGINA~
EXHIBIT "D"
CONSOLIDATED MAINTENANCE DISTRICT
STREET LANDSCAPING ZONE OF BENEFIT
Said assessment is made in accordance with the benefit formula attached hereto.
2002-2003
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$2,150,527.00
$328,921.00
$271,606.00
$1,550,000.00
S:IPROJECTS\MAINDIST~ExhibitD/CMD02St WB2
~XHIBIT "D"
ORIGINAl
EXHIBIT "E"
ASSESSMENT ROLL
CONSOLIDATED MAINTENANCE DISTRICT
FISCAL YEAR 2002-2003
The assessment roll is on file in the City Clerk's Office
S:\PROJECTS\MAIN DIST~ExhibitE\ExhE02Ref.wpd
~RIGINA~.