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HomeMy WebLinkAboutROI NO 2049RESOLUTION OF INTENTION NO. 2049 A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2020-2021 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 2020-2021 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 City of Bakersfield, California. 6NK4 o 6Tn F Oa13;NAL S:\PR0JECTS\MAINDIST\2020-2021 MD Into\Forder for City Info\CSMD\Street-Medan Landscoping\ROI 2049.docx 4. The City Council hereby sets WEDNESDAY, JUNE 24, 2020, 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. o T 5:\PROJECTS\MAINDIST\272U2021 MD Into\Foltler for City Info\CSMD\Stree6Metlipn Lpntlsmping\ROI 2049.tlocx m v J O,i:',:NAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Couil1 flgln,,the City of Bakersfield at a regular meeting thereof held onfH , by the following vote: AYES COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLI AN, PARLIER S. COUNCILMEMBER NONE ABSTAIN: COU21-MEMBER _A101JE ABSENT: COUNCILMEMBER AA6ME jIE DRIMAKIS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 10 79 By: KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY P --)-) Ll JO UA RUDNICK PUTY CITY ATTORNEY II Attachments: Exhibit "1" - Director's Report Exhibit "A" - Director's Report Benefit Formula Exhibit "B" - Director's Report Budget Q gAkF9o T S:\PROJECTS\MAINDIST\2020-2021 MD Info\Folder for City Info\CSMD\Sfree4Median Lantlscaping\ROI 2049.docx JnR;:NAfJ PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 2020-2021 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 2020-2021 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 5\PROJECTS\MAINDISi\4 XQI MD Inlo\Polder for City Info\CSMD\5heebMedian Landscaping\&bibn I- Directors Report.tlocx QARCHEXHIBIT1 o,a;rvai 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 onParkMaintenanceandStreetLandscapingAssessmentswhichenablestheCitytocollect 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 thatbenefitfrompublicparksand/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, 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 2020-2021, 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 beassessedtopaythecostofmaintenanceandoperationoftheabovedescribedimprovementsinsaid territory, is on file in the City Clerk's Office. Dated: 511:7-11 ? pcs' Z.J r K/1- NICK FIDLER Public Works Director City of Bakersfield 5:\PROJEC6\MAINDISI2020-2021 MDlnfo\Folder for City Info\C5MD\Stree6Median LondscapingNEhbll l- Dllectoh Repo,iaocx 9AKFEXHIBIT1of ? n4,; NAL 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 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 ConsumerPriceIndex." 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 - IIPARK RATE X PARK TIER) + fSTREET 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 2020-2021 tax year is $0.26 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 underthecriteriaasdescribedinBakersfieldMunicipalCodesection13.04 or as par, of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, grading permit or Conditional Use Permit. Exhibit A Q 0AKF9 EXHIBIT "B" 2020-2021 BUDGET CONSOLIDATED MAINTENANCE DISTRICT (CMD) STREET & MEDIAN LANDSCAPING City Staff Services or Contract, Supplies, Materiels and Utilities) Gross Street Budget Amount Required $7,698,362.50 Less: City Contributions per Resolution 63-96 (7.33%) $564.289.97 NET AMOUNT TO BE ASSESSED $7,134,072.53 Deficits not carried over from previous years. Deficits to be paid by the City of Bakersfield. P v j OR;G;hAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ss. County of Kern ) 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 12th day of June. 2020 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 2049 passed by the Bakersfield City Council at a meeting held on the 10t' day of June 2020 and entitled: A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2020.2021 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) JULIE DRIMAKIS, CMC City Clerk and Ex Officio of the Council of the City of Bakersfield By: r DE U City Clerk SOOCUMENWORMSWOP.ROL. d