HomeMy WebLinkAboutRES NO 099-16 Street LandscapingRESOLUTION NO. 0 99 — 1 6
A RESOLUTION APPROVING AND ADOPTING THE PUBLIC
WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED
MAINTENANCE DISTRICT AND THE 2016 -2017 BUDGET,
CONFIRMING THE STREET AND MEDIAN 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 "l,"
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 street
landscaping as set forth in said Public Works Director's Report.
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ORIGINAL
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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OPIGVAL
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
JUN 0 8 1016 , by the following vote:
AVES COUNOLMEMBER MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARUER
NOES: COUNCILMEMBER N'pw.
AB COUNCILMEMBER
ABSENT: COUNCILMEMBER
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUN 0 8 2016
APPROVED:
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNEY
By: 04 S
ANDREW HEGLUND
Deputy City Attorney
Attachments: Exhibit"]" - Director's Report
Exhibit "A" - Director's Report Benefit Formula
Exhibit "B" - Directors Report Budget
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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 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 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 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 beautification, open
space enjoyment, recreation and noise reduction due to the installation of street IandscapinPK
walls, and parks. E9n
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ORIGINAL
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 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: 5 1V° 11(,
NICK FIDLER
Public Works Director
City of Bakersfield
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pRIOINAL
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 Recreation and Parks Department through separate policy.
Multiplied by ADUI'. The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel.
Multiplied by fTierp. 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 Fr ierl: Any fees applied by the Kern County Tax Assessors office for the addition and any collections of
this assessment an the annual Tax roll. The fee for the 2016 -20 V tax year is $0,20 per billed parcel.
Total Assessment $=ffP kRal Parkfil 1 x I ff Street Ral Street 1 EDU +fCouhlb, 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 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.
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:
I. Bakersfield Municipal code 1304021:
It Is the policy of the city to include within a maintenance district all new developments that are sublect 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 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 Al:
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 consigned 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 ECU per Parcel
Mobile Home Parks: I EDU per Space / Lot
Multifamily Residential Parcels: JI 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 pass acre
R -I 4
R -2 17.42 max.
R -3 34.85 max.
R -4 72.6 max.
E 4.36
R -S 1 82
R -5 -IA I
R- 5 -2.5A Out
R -S -5A 02
R -5 -10A 0.1
Commercial /Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: I EDU per gross acre
eAXF9ONr
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ORIGINAL
EXHIBIT "B"
2016 -2017 BUDGET
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
STREET & PARK MAINTENANCE
City Staff Services or Contrail, 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.
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ORIGNAI