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HomeMy WebLinkAboutRES NO 098-16 Park LandscapingRESOLUTION NO. -0-9-& - 16 A RESOLUTION APPROVING AND ADOPTING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2016 -2017 BUDGET, CONFIRMING THE PARK 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 2016 -2017 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. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are found to be true and correct and are incorporated herein. 2. 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. 3. The Council hereby approves and adopts the Public Works Director's Report and the 2016 -2017 Budget, and confirms and levies the individual assessments for park 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. ai xFy S: \PROJECTS \MAINDISi \2016 -2017 MD Into \FOltler of City Info \CSMD \Park Landscaping \RESOLUiION.docx m Page 1 of 3 ' RiGINAL 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. 9p KF 5: \PROJECTS \MAINDIST\ 2016 -2017 MD Info \folder of City nfo \CSMD \Park Landscaping \RESOWTION.doox .: 9t m Page 2 of 3, o ORIGINAL 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 U 8 2016 , by the following vote: COUNCILMEMBER .. MAXWELL WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMB NERp'M AS COUNCILMEMBER CsARSE COUNCILMEMBER X%J&= ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield JUN 0 8 1016 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 " I" - Director's Report Exhibit "A" - Director's Report Benefit Formula Exhibit "B" - Directors Report Budget o4gPKF9 TS:\ PROJECTS \MAINDISi \2016401] MID lnfo \FOltler of City Info \CSMD \Park Landscaping \RESOLUTION . docx > mF Page 3 of 3 ORIGINAL PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 2016 -2017 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 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 2016 -2017 budget for the Consolidated Maintenance District, Exhibit "B," is 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, 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 fax 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 beautification, open space enjoyment, recreation and noise reduction due to the installation of street landscaping, walls, and parks. $"K S:\ PROJECTS \MAINDI9\4016M7DO Into \Folder of City Info \CSMD \Park Land smping \Dlrectors FepoM.donx EXHIBIT 1 to J b CIRIGINAL 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" attached hereto. 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, in accordance with Exhibit "A" attached hereto. No assessment for park benefits is made on non - residential lots. 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. NOW, THEREFORE, I, NICK FIDLER, 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 2016 -2017, 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: W 1 NICK FIDLER Public Works Director City of Bakersfield of 6 nk 9r S:\ PROJECTS \MAINDIS\ 2016 -2017 MD Inb \Iblder of Clfy l0 \CSMD \Poh Lantlscaping \[)I cd.is RePoM1docx EXHIBIT 1 > H T O OniIGINAL 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-0dhge 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 Recreation and Parks Department through separate policy. Multiplied by (E)U): The number of Equivalent Dwelling Units (EDU'S as defined below) for the parcel. Multiplied by (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(Tier) : 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 2016 -2017 tax year is $0.20 per billed parcel. Total Assessment $=ffP k Rate x Park "I R El ffSt t Rate x Sir TI ti +(County F 1 Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their c Ument 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, 20051he 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. A parcel may be added to the City of Bakersfield Consolidated Maintenance Dist-lot 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 Mop 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 maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city" 2. Bakersfield Municipal Code 13.04.022 (As 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 conditian 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 pad of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDUI 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: I 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' R -I 4 R -2 17.42 Ini R -3 34.85 max. R -4 726 frai E 4.36 I 1.82 R -S -IA I R- S -2.5A 04 1 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: I EDU per gross acre AhF9m EXHIMIT A ORIGNAI EXHIBIT "Brr 2016 -2017 BUDGET CONSOLIDATED MAINTENANCE DISTRICT (CMD) STREET & PARK MAINTENANCE City staff Services or Contmin Supplies, Materials and Utilities) Gross Park Budget Amount Required $2,667,311.94 Gross Street Budget Amount Required $6,171,444.06 Less: City Contributions per Resolution 63 -96 $2,212,792.73 NET AMOUNT TO BE ASSESSED $6,625,963.27 Deficits not carried over from previous years. Deficits to be paid by the City of Bakersfield. AKF9 m0 ORIGINAL