HomeMy WebLinkAboutRES NO 150-05
RESOLUTION NO. 1 5 0";' 05'
A RESOLUTION APPROVING AND ADOPTING THE
PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT AND THE
2005.2006 BUDGET, CONFIRMING THE PARK
LANDSCAPING ASSESSMENTS AND AUTHORIZING
COLLECTION OF ASSESSMENTS BY THE KERN
COUNTY TAX COLLECTOR.
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; and
WHEREAS, the Public Works Director has filed his report as set forth in
Exhibit 1, attached hereto and incorporated by reference herein, including the 2005-
2006 budget for the Consolidated Maintenance District with the City Clerk's Office, as
required by Section 13.04.130 of the Bakersfield Municipal Code; and
WHEREAS, the City Clerk has filed in her 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; and
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.
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2. The Council finds and determines that, for purposes of the majority
protest provisions of Section 13.04.200 of the Bakersfield Municipal
Code, there were not sufficient protests received and, therefore,
there is not a majority protest.
3. The Council hereby approves and adopts the Public Works
Director's Report, the 2005-2006 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.
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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
'JYN '9 2 '2ooS ' by the following vote:
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NOES:
ABSTAIN:
ABSENT
V
COUNCILMEMBER CARSON
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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or
BENHAM. MAGGARD. COUCH HANSON. SULLIVAN SCRIVNER
JUN 2 2 2005
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CITY CLERK and Ex Officio rk
of the Council of the City of Bakersfield
APPROVED:
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNEY
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By: (0(;¡Æt m ~
Attachments:
Exhibit "1" and Exhibit "D"
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PUBLIC WORKS DIRECTOR'S REPORT
FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2005-2006
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", "B", "C" and "E" are on file in the office of the City Clerk and
Exhibit "D" 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.
EXHIBIT "1"
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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", on file in the office of the City Clerk, is 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.
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 developments that benefit from public parks
and/or street landscaping shall be added to the Consolidated Maintenance District and shall be
assessed, consistent with the requirements of Proposition 218, those amounts set forth in
Exhibit "A" of Resolution No. 019-05.
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.
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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 2005-2006 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.
Dated:
RAUL M. ROJAS
Public Works Director
City of Bakersfield
Attachment:
Exhibit "D"
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EXHIBIT "D"
CONSOLIDATED MAINTENANCE DISTRICT
PARK LANDSCAPING ZONE OF BENEFIT
Said assessment is made in accordance with the benefit formula attached hereto.
2005-2006
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
$1,249,556.00
NET AMOUNT TO BE ASSESSED
$81,542.00
$848,014.00
$320,000.00
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
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