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HomeMy WebLinkAboutROI NO 1333RESOLUTION OF INTENTION NO. 1333 A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2004-2005 BUDGET; SETTING TIME AND PLACE FOR HEARING PROTESTS ON THE AMOUNT OF STREET 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", containing the following: (a) a description of the property in the Consolidated Maintenance District, as set forth in Exhibit "A", on file in the office of the City Clerk; (b) the improvements to be maintained by this district specifically are various items included in Street and Median Landscape Plans within the boundaries as shown on Map and Assessment Diagram for Consolidated Maintenance District, attached hereto as Exhibit "B"; (c) the benefit formula attached hereto as Exhibit "C"; (d) a budget, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached hereto as Exhibit "D"; and (e) the amount of assessment to be levied against each parcel as set forth in Exhibit "E", on file in the office of the City Clerk. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 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. 1 - "~ ORIGINAL 3. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the Consolidated Maintenance District which benefits from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said district; and that the exterior boundaries of said Consolidated Maintenance District are specified and described on that certain map now on file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, marked Exhibit "B," entitled "Map and Assessment Diagram for the Consolidate Maintenance District, Bakersfield, California, for Fiscal Year 2004-2005." 4. The City Council hereby sets WEDNESDAY, June 23, 2004, AT 5:15 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 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 STREET AND MEDIAN LANDSCAPING ASSESSMENT ON ANY PARCEL OF PROPERTY TO BE ASSESSED; 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 1501 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. ORIGIN~,I I 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 JUN 0 It 2004 , by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio~;lerk of the Council of the City of Bakersfield APPROVED JUN 0 9 Z004 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S:\PROJ ECTS\MAIN DIST\ROl\CMD04RoiSt.doc - 3 '"' ORIGIN~,L PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 2004-2005 The boundary of the City of Bakersfield Consolidated Maintenance District is generally described in Exhibit "A" and is specifically as shown on the Map and Assessment Diagram under Exhibit "B", for the various areas of benefit within the Consolidated Maintenance District, a district within the City of Bakersfield, County of Kern, State of California. (Exhibits "A", "C" and "E" are on file in the office of the City Clerk and Exhibits "B" and "D" are 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. EXHI BIT "1 "..~ ~, ~KE,%?¢ 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. 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 "C" hereof. 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. No assessment for park benefits is made on non-residential lots. The benefit formula for the Consolidated Maintenance District is set forth in Exhibit "C" attached hereto and incorporated herein as though fully set forth. 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. NOW, THEREFORE, I, RAUL M. ROJAS, 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 Fiscal Year 2004-2005 Budget attached hereto as Exhibit "D" and Assessment Roll as set forth in Exhibit "E" 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 district. RAUL,~I. ROJAS Public Works Director City of Bakersfield ORIGINAL EXHIBIT "A" BOUNDARY DESCRIPTION EXHIBIT "C" BENEFIT FORMULA EXHIBIT "E" ASSESSMENT ROLL for the Consolidated Maintenance District Fiscal Year 2004-2005 are on file in the City Clerk's Office. S:\PROJECTS/MAINDIS I~ExhibilA/ExhA04RefACE DOC EXHIBIT "D" CONSOLIDATED MAINTENANCE DISTRICT STREET LANDSCAPING ZONE OF BENEFIT Said assessment is made in accordance with the benefit formula attached hereto. 2004-2005 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance/(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED $2,664,159.00 $726,639.25 $260,467.15 $1,677,052.60 S:/PROJECTSIMAINDIST~ExhibitD/CMD04St WB2 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS, County of Kern ) PAMELA A. McCARTHY, 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 10th day of June , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1333 passed by the Bakersfield City Council at a meeting held on the 9th day of June 2004 and entitled: A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2004-2005 BUDGET; SETTING TIME AND PLACE FOR HEARING PROTESTS ON THE AMOUNT OF STREET LANDSCAPING ASSESSMENTS TO BE LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE DISTRICT. (ALL WARDS) /s/PAMELAA. McCARTHY City Clerk of the City of Bakersfield Depu~VC~ty C~rk '