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HomeMy WebLinkAboutRES NO 125-2022RESOLUTION NO. 12 5- 2 0 2 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING COUNCIL POLICY ON STORMWATER BASIN FACILITIES MAINTENANCE ASSESSMENTS. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole 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 lots or parcels of property within the established CMD; and WHEREAS, it is the policy of the City of Bakersfield, as set forth in Bakersfield Municipal Code section 13.04.021, to include.within a maintenance district all new developments that benefit from stormwater basin facilities; and WHEREAS, City "stormwater basin facilities" as that term is used in this resolution includes, but not limited to, retention basins and detention basins; and WHEREAS, there currently exists within the City several maintenance districts that form the Consolidated Maintenance District ("CMD") which helps fund the cost of maintenance of certain City parks as well as the cost of certain street landscaping through assessments on properties benefited by parks and street landscaping; and WHEREAS, the City of Bakersfield is faced with increasing costs for the maintenance of future stormwater basin facilities throughout the City; and WHEREAS, existing City funds and funding sources are insufficient to fund the costs of maintenance of stormwater basin facilities built as a condition of new development; and WHEREAS, the City Council finds that a need exists for additional funding for the maintenance costs on future stormwater basin facilities throughout the City; and WHEREAS, the City Council finds that assessing parcels that benefit from stormwater basin facilities in accordance with Chapter 13.04 of Title 13 of the Bakersfield Municipal Code and Proposition 218 is the most equitable method of providing this funding. o`` gAKF9 Pn Resolution Adopting Council Policy on Stormwater Basin Facilities Maintenance Assessments v - Page 1 of 2 Pages - ORIGINAL a NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated by reference herein. 2. All new developments that benefit from stormwater basin facilities shall be added to the CMD and shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit A, attached hereto and incorporated herein by reference. 3. Said amounts shall be increased annually by the costs of living reflected in the Los Angeles - Long Beach - Anaheim/All Urban Consumers Consumer Price Index. ---------- 000---------- 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 AUG 1 71012 , by the following vote: YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, ram, GRAY, PARLIER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER ee-Mo- JXI�e &*n4kA� J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of APPROVED AUG 1 71011 the Council of the City of Bakersfield By KA EN G Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney . Y �� J SHUA H. RUDNICK eputy City Attorney JHR/vig Attachment — Exhibit A S:\COUNCIL\Resos\22-23\StormDrainMaintAssess.Reso-RI.docx Resolution Adopting Council Policy on Stormwater Basin Facilities Maintenance Assessments - Page 2 of 2 Pages - v ORIGINAL Stormwater Basin Maintenance District Fee Study City of Bakersfield Prepared By: AECOM 5001 E. Commercenter Drive, Suite 100 Bakersfield, California 93309 AECOM Project No. 60683471 July 15, 2022 =z�� Daniel S. Cropoist, P.E. EXHIBIT W �- m 1- r 00RIGINO TABLE OF CONTENTS Tableof Contents............................................................................................................................. i Abbreviations & Acronyms............................................................................................................. i CHAPTER1. Introduction....................................................................................................... 1 1.1 Purpose............................................................................................................................. 1 1.2 Scope of Work.................................................................................................................. 1 CHAPTER 2. Legal Framework............................................................................................... 2 2.1 Proposition 218................................................................................................................ 2 2.2 Fee Definition................................................................................................................... 2 2.3 Additional Requirements.................................................................................................. 2 CHAPTER 3. Fee Study Methodology.................................................................................... 3 CHAPTER 4. Cost Calculation................................................................................................ 4 CHAPTER 5. Recommendations............................................................................................. 6 ABBREVIATIONS & ACRONYMS BMP Best Management Practice City City of Bakersfield FY Fiscal Year GIS Geographic Information System Stormwater Basin Maintenance District Fee Study i �� City of Bakersfield O m o 00SIGINAL CHAPTER 1. INTRODUCTION 1.1 PURPOSE The City of Bakersfield (City) provides stormwater management for the approximately 97,000 acres of incorporated area. As part of stormwater management, the City maintains approximately: • 480 retention and detention basins, • 270 miles of storm drain pipeline, • 25 stormwater pump stations, • 5,110 drainage inlets, and • 3,200 miles of curb and gutter. Currently the City has no dedicated funding source for the maintenance of retention and detention basins. The City desires to create a Stormwater Basin Maintenance District whereby the fees of said district will be assessed to real property owners to pay for the incremental impact to the City's stormwater basins by new development. The purpose of this study is to evaluate the City's costs to maintain its retention and detention basins and develop proposed annual assessments to be levied against new development in relation to the special benefits the properties will receive from the maintenance of these facilities. 1.2 SCOPE OF WORK AECOM will prepare a Proposition 218 Rate Study that develops fees for the proposed Stormwater Basin Maintenance District. A report will be prepared formatted as shown below: 1. Introduction.. Provide a brief introduction to the purpose of the report. 2. Legal Framework. Describe the legal basis for preparing a Proposition 218 fee study. 3. Fee Study Methodology. Describe how the study will be prepared. 4. Cost Calculation. Determination of calculated fees and the appropriate unit of measure by which the fee is applied. 5. Recommendations. Summarize the recommendations of the study. Stormwater Basin Maintenance District Fee Study City of Bakersfield olcgPKE�`S } o 0ORIGINAL CHAPTER 2. LEGAL FRAMEWORK The following information is adapted from the California Legislative Analyst's Office "Understanding Proposition 218" dated December 19961. 2.1 PROPOSITION 218 On November 5, 1996, the California electorate approved Proposition 218, the self -titled "Right to Vote on Taxes Act" which was added to the California Constitution. Proposition 218 specifies that no property -related fee may be: Levied to pay for a general governmental service, such as police or fire service. Imposed for a service not used by, or immediately available to, the property owner. Used to finance programs unrelated to the property -related service. After complying with Proposition 218's restrictions on the use of property -related fees, the local government must make sure that its property -related fees comply with the measure's calculation requirements. Specifically, local governments must make sure that no property owner's fee is greater than the proportionate cost to provide the property -related service to his or her parcel. Stormwater management fees are considered a property -related fee per Howard Jarvis Taxpayers Association v. City of Salinas (1998) 98 Cal.AppAth 1351, 1355; 81 Ops.Cal.Atty.Gen.102 (1998). 2.2 FEE DEFINITION A fee is a charge imposed on an individual or business for a service or facility provided directly to an individual or business. Local governments charge fees for a wide range of purposes, from park entry fees to building plan check fees. The amount of the fee may not exceed the cost of government to provide the service. This is different from a tax, where the tax collected does not have to be proportional to the benefit received. 2.3 ADDITIONAL REQUIREMENTS Local governments must also: • Mail information regarding the proposed fee to every property owner. • Hold a hearing at least 45 days after the mailing. • Reject the proposed fee if written protests are presented by a majority of the affected property owners. • Hold an election on any property -related fee, other than a fee for water, sewer, or refuse collection. 'https:Hlao.ca.gov/1996/120196 prop 218/understanding prop218 1296.html#:—:text=Proposition%20218%20restr icts%201ocal%20 governments.local%20government%20revenue%20raising%20methods. Stormwater Basin Maintenance District Fee Study 2 sue City of Bakersfield O o �O AOIAP& CHAPTER 3. FEE STUDY METHODOLOGY The City of Bakersfield, Department of Water Resources maintains retention and detention stormwater basins. Maintenance includes the following activities on an annual basis: • Removing and disposing of vegetation • Repairing embankment slopes and erosion • Removing and disposing of trash and debris • Spraying pre -emergent to control vegetation • Repairing fences and gates Estimated annual costs for maintenance of stormwater retention and detention basins are developed using the following methodology: • City provided records of actual expenses for maintenance of basins between 2017 and 2021; adjusted for inflation. • The tributary area of these basins is estimated using record information and Google Earth • The average annual escalated maintenance expenses are then divided by the tributary area to provide an average cost per acre per year. Stormwater Basin Maintenance District Fee Study 3 City of Bakersfield 00RIGINAL CHAPTER 4. COST CALCULATION The City provided records of actual expenses for maintenance of basins between 2017 and 2021. Forty eight (48) basin maintenance records were evaluated as part of this study. The tributary area of those basins is shown in Figure 1. Figure 1. Tributary area of evaluated basin maintenance records. The total tributary area evaluated is 8,077 gross acres including public rights -of -way. Benefit assessments are typically based on net acres which exclude public rights -of -way. To convert the gross tributary area to net acres, a ratio between gross and net area is developed based on typical subdivisions within the City. A typical subdivision in Bakersfield is comprised of parcels with a net area of less than 0.25 acres. Per the City's geographic information system (GIS), the City has 18,852 acres (gross) and 15,048 acres (net) of parcels less than 0.25 acres. Dividing these two results in a ratio of 80% net/gross. Using this ratio, the net tributary area acreage is calculated as shown in Table 1. Stormwater Basin Maintenance District Fee Study City of Bakersfield Table 1. Su mary of Basin Maintenance Tributary Area No. Basins Tributary Area (acres) Gross TNet' 48 8,077 1 6,447 A summary of the City provided basin maintenance cost data and tributary areas is provided in the Appendix. Inflation is estimated to be 4.4% annually based on the Engineering News Record Construction Cost Index between January 2017 and April 2022. The escalated cost, adjusted for inflation, is $168,051. The City also pays the Bakersfield Homeless Center to remove trash from basins. Trash is removed from an average of 250 basins per year for a cost of $104,000 or an average of $416 per basin per year. Adding this to the basin maintenance cost data yields a total maintenance cost per year of $188,019. It is assumed that in addition to the costs provided by the City an additional 20% is needed to cover overhead expenses such as administration, vehicles, fuel, and equipment. The annual fee for maintaining stormwater retention and detention basins is estimated to be $35.00 per net acre as shown in Table 2. Table 2. Summa of Basin Maintenance Records Evaluated No. Basins Total Maintenance Cost per Year Net Area (acres) Cost per Net Acre per Year Overhead Factor Annual Fee per Net Acre 48 $188,019 6,447 $29.16 20% $35.00 2 Net acres estimated as 80% of gross acres, which excludes public rights of way. Stormwater Basin Maintenance District Fee Study City of Bakersfield o0PKF9s o ` 0SIGINAL CHAPTER 5. RECOMMENDATIONS This study evaluates the annual cost to maintain the City's stormwater basins on a per acre basis. The proposed annual fee developed for basins maintained by the Water Resources Department reflects the special benefit parcels within the City receive from stormwater basin maintenance. The recommended annual fee is: Recommended Total Fee: $ 35.00 per net acre It is recommended that this fee be adjusted annually for inflation. �OPKFRs,� Stormwater Basin Maintenance District Fee Study 6 O City of Bakersfield y v�R1GlN� o APPENDIX Basin Maintenance Cost Data 0AKE9sc. Stormwater Basin Maintenance District Fee Study 7 p City of Bakersfield �- a �80$!W flasinAddrest MalDtanence Cost Oldest Year Years Escalated Cost Escalated Costper - ear Homelesi: Oviter: Cost --rC4�1 per Yeor� ri utary Area (Acres) 1 JDB001-GARDEN PARK $1,594 2,021 1 $1,664 $1,664 $416 $2,080 118 2 JDB002-SEC-MARYLHURST&WARRENTON $1,103 2,019 3 $1,255 $418 $416 $834 148 3 JDB003-WEST END OF SAN LAZARD $1,174 2,019 2 $1,336 $668 $416 $1,084 102 8 JDB008-QUAILWOOD PARK $15,216. 2,018 2 $18,076 $9,038 $416 $9,454 600 9 JDBO09-S CARRIER CANAL-E MOHAWK $1,034 2,018 2 $1,229 $614 $416 $1,030 14 IDB014-REAL & KENNEDY $1,433 2,019 3 $1,630 $543 $416 $959 981 32 IDB032-N MING - W MANNING $3,034 2,017 4 $3,763 $941 $416 $1,357 861 34 J DB034-WEST CASTLE PARK $10,650 2,017 4 $13,209 $3,302 $416 $3,718 273 36 JDB036-E OLD STINE-ARDMORE&PARKR $3,488 2,017 5 $4,326 $865 $416 $1,281 371JDB037-N SORRANNO - E AKERS $1,189 2,017 2 $1,475 $737 $416 $1,153 40 JDB040-LACY AVE DRAINFIELD $2,494 2,017 4 $3,094 $773 $416 $1,189 44 JDB044-NWC VINCENT& ARGENT $1,572 2,018 2 $1,867 $934 $416 $1,350 808 46 JDB046-E HUGHES LN ON ST HELENS $21,960 2,017 4 $27,236 $6,809 $416 $7,225 53 J DB053-E AKERS RD 900' N WHITE $12,184 2,017 3 $15,111 $5,037 $416 $5,453 54 JDB054-SS LAURELGLEN-E GOSFORD $1,633 2,017 4 $2,026 $506 $416 $922 55 J DBO55-S WHITE LN-E A-E CANAL&TU $3,075 2,019 3 $3,500 $1,1671 $416 $1,583 581IDB057-CAMPUS PARK NORTH $4,500 2,019 2 $5,120 $2,560 $416 $2,976 10 61 IDBO60-SEC ROUSE &JULIE $1,305 2,019 2 $1,485 $743 $416 $1,159 190 62 IDB061-SEC AKERS & MILO $1,406 2,017 3 $1,743 $581 $416 $997 63 IDB062-SOUTH END OF KATHIMAE $1,178 2,018 3 $1,399 $466 $416 $882 82 JDB082-PLANZ PARK $28,490 2,017 4 $35,334 $8,834 $416 $9,250 118 85 JDB085-PGE -N PACHECO&EMONITOR $13,249 2,018 3 $15,739 $5,246 $416 $5,662 17 86 JDB086-W MONITOR - S PACHECO $1,539 2,018 3 1 $1,829 $6101 $416 $1,026 891JDB089-N PANAMA - SO H STREET $7,211 2,017 2 $8,943 $4,472 $416 $4,888 582 90 JDB090-SWC IVAN & SANDRA $29,900 2,017 3 $37,082 $12,361 $416 $12,777 66 91 JDB091-SEC IVAN &SANDRA $10,375 2,017 3 $12,867 $4,289 $416 $4,705 93 JDB093-S SECHREST & E GENTRY $198 2,021 1 $206 $206 $416 $622 41 96 JDB096-W CAMP ST-REALM&MCCLEARY $13,742 2,018 1 $16,325 $16,325 $416 $16,741 101 JDB101-E CAMINO EL CANON&PASEO A $1,339 2,020 1 $1,459 $1,459 $416 $1,875 555 102 JDB102-S SINGLE OAK -W LONE PINE $2,463 2,017 3 $3,055 $1,018 $416 $1,434 1171JDB117-5 ZENITH-W TREASURE ISLAN $11,451 2,018 2 $13,603 $6,801 $416 $7,217 77 121 JDB121-W COFFEE - N HAGEMAN $7,304 2,020 1 $7,961 $7,961 $416 $8,377 899 128 JDB128-NWC WESTLAKE & OAKHAVEN $4,961 2,018 4 $5,893 $1,473 $416 $1,889 129 JDB129-WEST END OF WIND CREEK $7,080 2,018 2 $8,411 $4,205 $416 $4,621 34 139 JDB139-W PINE GLEN & LONG MEADOW $17,362 2,018 3 $20,626 $6,875 $416 $7,291 157 JDB157-E BUENA VISTA&OPEN TRAIL $3,028 2,019 3 $3,445 $1,148 $416 $1,564 724 160 JDB160-S PANAMA LN & E NADEA $9,145 2,017 3 $11,342 $3,781 $416 $4,197 77 1771IDBI77-SWC HOOPER&WESTPARK (CO) $7,651 2,018 3 $9,089 $3,030 $416 $3,446 183 JDB183-W END-HOOPER&COFFEE (CO) $5,913 2,018 2 $7,024 $3,512 $416 $3,928 190 JDB190-SWC HACIENDA DR &LOTUS LN $1,350 2,019 3 $1,537 $512 $416 $928 35 195 IDBI95-WEST END OF COLONY DR $5,953 2,020 2 $6,489 $3,244 $416 $3,660 203 JDB203-RIVER RUN & RIVER PARK $10,926 2,018 2 $12,980 $6,4901 $416 $6,906 246 212 JDB212-SWC BRIMHALL&OLD FARM RD $10,303 2,020 2 $11,230 $5,615 $416 $6,031 220 JDB220-RATTLE SNAKE CR/LIBERTY $1,576 2,019 1 $1,793 $1,793 $416 $2,209 346 2301JDB230-MT VISTA DR&ANNACOSTIA WY $7,321 2,019 1 $8,331 $8,331 $416 $8,747 280 JDB280-CORNER BLUE MT&CORRINE ST $3,349 2,018 3 $3,978 $1,326 $4161 $1,742 168 283 IJDB283-SWC COFFEE&RIVERLAKES DR $1,716 2,020 1 $1,870 $1,870 $4161 $2,286 309 IJDB309-BELL TERRACE PARK $17,415 2,018 3 $20,688 $6,896 $4161 $7,312 0 r- 081GINAL r--j