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HomeMy WebLinkAboutRES NO 106-2022RESOLUTION NO. 10 6- 2 02 2 A RESOLUTION APPROVING AND ADOPTING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2022.2023 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 2022-2023 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 his 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 13.04.150 of the Bakersfield Municipal Code, there were not sufficient protests received and, therefore, there is not a majority protest. OAKp S:\PR0JECTS\MAINDI$T\2022-2023 MD info\Folder for City info\CSMD\Pah Landscaping\RESOLUTION Park.docx I fn Page 1 of 3 !'• L 3. The Council hereby approves and adopts the Public Works Director's Report and the 2022-2023 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. 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. of e F S:\PROJECTS\MAINDIST\2022-2023 MD info\Folder for City info\CSMD\Park Landscoping\RESOLUTION Porkoocx > Page 2 of 3 'ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of thg of Bakersfield at a regular meeting thereof held on A 1 h , by the following vote: AYE COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER v ARIAS, GONZALES. WEIR, SMBN, FREEMAN, OKAY, EARLIER IN. _6l a JULIE DRIMAKKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: 1UN 1 5 2022 By: KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY By VIRIDIANA GALLARDO-KING Deputy City Attorney I I Attachments: Exhibit "1" - Director's Report Exhibit "A" - Director's Report Benefit Formula Exhibit "B" - Directors Report Budget S:\PROJECTS\MAINDIST\2022-2023 MD intoVoider for City info\CSM[I Landscaping\RESOLUTION Park.docx I rn Page 3 of 3 ORIGINAL PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 2022.2023 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 2022-2023 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 landscaping, walls, and parks. p,FKg EXHIBIT 1 ORIGIN?1, 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 2022-2023, 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: GREGG STRAK SE Public Works Director City of Bakersfield eaAk EXHIBIT 1 r 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: Rafe: 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 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/AII urban Consumers Consumer Price Index." 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 - NPARK RATE X PARK TIERI + (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 2022-2023 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'oFe eL ORIGINAL 2022-2023 BUDGET CONSOLIDATED MAINTENANCE DISTRICT (CMD) PARK MAINTENANCE City Staff Services or Contract, Supplies, Materials and Utilities) Gross Park Budget Amount Required $3,680,647.76 Less: City Contributions per Resolution 63-96 (66%) $2,429,227.52 NET AMOUNT TO BE ASSESSED $1,251,420.24 Deficits not carried over from previous years. Deficits to be paid by the City of Bakersfield. OAk e=) EXHIBIT s vCa(GIVI.