HomeMy WebLinkAboutROI NO 2170RESOLUTION OF INTENTION NO. 2170
A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE
DISTRICT AND THE 2023-2024 BUDGET AND SETTING THE TIME
AND PLACE FOR HEARING PROTESTS ON THE AMOUNT OF
STREET AND MEDIAN LANDSCAPING ASSESSMENTS TO BE
LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE
DISTRICT. (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 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 several lots or parcels of property within the maintenance district
established therefore; and
WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council
his Report, attached hereto and incorporated herein by reference as Exhibit "1", which
includes the following attachments:
1. The benefit formula, attached to the Director's Report as Exhibit "A';
2. The proposed 2023-2024 budget, containing the matters specified in Section
13.04.120 of the Bakersfield Municipal Code, attached to the Director's
Report as Exhibit"B'; and
WHEREAS, the amount of assessment to be levied against each parcel within the
Consolidated Maintenance District is on file in CD format with the City Clerk.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of
California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. 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.
Such determination and election is to be made for each year at the time
the budget and assessment is approved for the year in question.
3. The City Council hereby preliminarily adopts and approves the Public Works
Director's Report and declares that the territories within the boundaries so
specified and described in the Consolidated Maintenance District benefit
from said local improvements; that the expense of maintaining and
operating said improvements is hereby made assessable upon said
territories, as previously passed by their respective Council Resolutions and
are now on file with those Resolutions in the Office of the City Clerk of the 6Axe
City of Bakersfield, California.
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4. The City Council hereby sets WEDNESDAY, JUNE 14, 2023, AT 5:15 P.M., or as
soon thereafter as may be heard, at the Council Chambers of the City
Council, 1600 Truxtun Avenue, Bakersfield, California, as the time and place
for hearing protests on the following matters:
Fairness of the benefit formula;
Zone of benefit including tier level;
The amount of the park landscaping assessment on any parcel of
property to be assessed; and
Reservation by city of right to elect whether to proceed to perform
work by city forces or by private contractor.
Any interested person may object to any of the above -listed matters by
filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield,
California, at or before said time set for the protest hearing; and said City
Clerk shall endorse on each protest the date and hour of its receipt, and at
said hearing shall present to the Council all such protests filed with said
Clerk.
5. The City Clerk is hereby further directed to cause notice of said protest
hearing to be published in accordance with Chapter 13.04 of the
Bakersfield Municipal Code.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the hFit 2 4 5T23 Bakersfield at a regular meeting thereof held on
by the following vote:
YE COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
Ill DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED MAY. 2.4 2323
By:
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
CITY ATIORNEY
4By: % -9 IRIDIANAG
LARDO-KING DEPUTY
CITY ATTORNEY II Attachments:
Exhibit "I" - Director's Report Exhibit "
A" - Director's Report Benefit Formula Exhibit "
B" - Director's Report Budget O:\
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GINlI C
PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2023-2024
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 2023-2024 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
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EXHIBIT 1 m
ORIGINAL
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 "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. As
per that 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," which is currently known as the "Los Angeles - Long Beach - Anaheim/All urban Consumers
Consumer Price Index."
NOW, THEREFORE, I, GREGG STRAKALUSE, 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 2023-2024, 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:
V/
I -
a C-
GREGG STRAKALUSE
Public Works Director
City of Bakersfield 6kKF
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EXHIBIT 1t
ORIGINP,L
BENEFIT FORMULA
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
Each parcel in the Consolidated Maintenance District shall be assessed the sum of the
amounts as defined below:
Rate:
The rate shall equal the dollar amount shown per the tier level of your zone of the
Consolidated Maintenance District as approved by City Council Resolution 019-05 and incorporated
herein. As per that Resolution, "Said amounts shall be increased annually by the cost at living increasereflectedintheLosAngeles - Riverside - Orange County/All Urban Consumers Consumer Price Index
CPI)," which is currently known as the "Los Angeles - Long Beach - Anaheim/All urban Consumers
Consumer Price Index." The CPI for the 2023-2024 fiscal year increased by 3.65%; the measurement
was taken from a March 2022 through March 2023 assessment. Ter levels for both Parks and Street
Landscaping within the Consolidated Maintenance District are established by the Parks and
Recreation Department through separate policy.
FORMULA
TOTAL ASSESSMENT AMOUNT= ((PARK RATE X PARK TIER) + (STREET RATE X STREET TIER) X EDU'S
ANY COUNTY FEES.
PARK RATE AND STREET RATE: Amount assessed annually based upon either the
proposition 218 ballots or if the parcel joined prior to
proposition 218, the rate in effect when proposition 218
was passed in November 1996.
PARK TIER AND STREET TIER: The factor for the tier level is assigned by the
Recreation and Parks Department and is based upon
the level of amenities in proximity to the parcels
receiving special benefit.
COUNTY FEE: 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
2023-2024 tax year is $0.22 per billed parcel.
EDU's: EDU's or Equivalent Dwelling Units are assigned by the
Bakersfield Planning Department as the theoretical
maximum population density by planning zone. If a
parcel is completely developed, then the actual
number of dwelling units will be used for this value.
Any parcel may be added to the City of Bakersfield Consolidated Maintenance District if they fall under
the criteria as described in Bakersfield Municipal Code section 13.04 or as part of: Site Plan Review Conditions,
Zone Change, a General Plan Amendment, grading permit or Conditional Use Permit.
Exhibit "A„o OAKF?sm
UORIGINAL
EXHIBIT "B"
2023-2024 BUDGET
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
STREET & MEDIAN LANDSCAPING
City staff Services or Contact, Supplies. Matenals and Utilities)
Gross Street Budget Amount Required $9,165,158.84
Less: City Contributions per Resolution 63-96 (7.33%) $6716806.14
NET AMOUNT TO BE ASSESSED $8,493,352.70
Deficits not carried over from previous years. Deficits to be paid
by the City of Bakersfield.
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pRIGINAI
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern I ss.
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of
Bakersfield; and that on the 315t day of May 2023 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 2170 passed by the Bakersfield City Council at a meeting held on
the 24\h day of May 2023 and entitled:
RESOLUTION Of INTENTION NO. 2170
Resolution of Intention No. 2170 preliminarily adopting, confirming, and
approving the Public Works Director's Report for the Consolidated MaintenanceDistrict (CMD) and the 2023-2024 CMD budget and setting the time and place for
hearing protests regarding the amount of street and median landscaping
assessments to be levied throughout the CMD.
JULIE DRIMAKIS MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B /¢
D Ty City Clerk
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