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