HomeMy WebLinkAboutRES NO 080-2024RESOLUTION NO. Q8 0-Z 0 Z 4
A RESOLUTION APPROVING AND ADOPTING THE
PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT AND THE
2024-2025 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 2024-2025
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.
SAPROJECTS\MAINDIST\2024-2025 MD Info\Folder for City Info\CSMD\Park Landscaping\RESOLUTION Park.docx i� n
Page 1 of 3 OPIGINAL1-'
3. The Council hereby approves and adopts the Public Works Director's
Report and the 2024-2025 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.
S:\PROJECTS\MAINDIST\2024-2025 MD Info\Folder for City Info\CSMD\Park Landscaping\RESOLUTION Park.docx
Page 2 of 3
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the Cit of Bakersfield at a regular meeting thereof held on
JUN 1 2 224 by the following vote:
YES:
COUNCILMEMBER
NOES:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
v
ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
�414� 6fta)u�,�
J LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
JUN 12 2n24
By: O
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNEY
By: —
IRI IA A GALL RDO-KING
Deputy City Attorney II
Attachments: Exhibit " 1 " - Director's Report
Exhibit "A" - Director's Report Benefit Formula
Exhibit "B" - Directors Report Budget
SAP ROJECTS\MAINDIST\2024-2025 MD Info\Folder for City I nfo\CSM D\P ark Landscaping\RESOLUTION Park.docx
' s—
Page 3 of 3 ORIGINALS
PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2024-2025
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 Public Works Subdivisions. The 2024-2025 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 landscgp,
walls, and parks.
►-- in
EXHIBIT 1 voRIGINAL�
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 2024-2025, 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 office of Public Works Subdivisions.
Dated: g
K
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
SAN&I
EXHIBIT 1
'ORIGINAL.c
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 Consumer
Price Index." The CPI for the 2024-2025 fiscal year increased by 4.03%; the measurement was taken
from a March 2023 through March 2024 assessment. Tier 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
2024-2025 tax year is $0.20 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" �r�'
2024-2025 BUDGET
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
PARK MAINTENANCE
(City Staff Services or Contract, Supplies, Materials and Utilities)
Gross Park Budget Amount Required $4,200,464.14
Less: City Contributions per Resolution 63-96 (66%) $2,772,306.33
** Deficits not carried over from previous years. Deficits to be paid
by the City of Bakersfield.
KA-
9
rn
EXHIBIT B