HomeMy WebLinkAboutROI NO 1454
RESOLUTION OF INTENTION NO. 1454
A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING PUBLIC WORKS DIRECTOR'S REPORT
FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND
THE 2006-2007 BUDGET; SETTING TIME AND PLACE FOR
HEARING PROTESTS ON THE AMOUNT OF PARK
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", including the following subcategories:
(a) a description of each district within the Consolidated Maintenance
District, as set forth in the Exhibit "A" of each district, on file in the office
of the City Clerk;
(b) the improvements to be maintained by each district specifically are
various items included in Park Landscape Plans within the boundaries as
shown on Map and Assessment Diagram as set forth in Exhibit "B" of
each district, on file in the office of the City Clerk;
(c) the benefit formula as set forth in Exhibit "C" of each district, on file in
the office of the City Clerk;
(d) a budget, containing the matters specified in Section 13.04.120 of the
Bakersfield Municipal Code, attached hereto as Exhibit "D" of the
Consolidated Maintenance District; and
(e) the amount of assessment to be levied against each parcel as set forth in
Exhibit "E" of the Consolidated Maintenance District for all parcels, 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:
herein,
1, The foregoing recitals are true and correct and are incorporated
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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 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 "8" of each district, entitled "Map and Assessment Diagram for the
Consolidate Maintenance District, Bakersfield, California, for Fiscal Year 2006-2007."
4. The City Council hereby sets WEDNESDAY, June 7,2006, AT 6:30
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 PARK 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,
protest hearing to
Municipal Code.
The City Clerk is hereby further directed to cause notice of said
be published in accordance with Chapter 13.04 of the Bakersfield
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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
MAY 2 4 7nnlì , by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD. COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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CITY CLERK and Ex Officio Cle
Council of the City of Bakersfield
APPROVED MAY 2 4 2006
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HARVEY L HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNEY
BY:~ìn~t
Attachments:
Exhibit" 1 "
Exhibit "0"
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S:IPROJECTSIMAINDISTlROIICMD_06'07 Roi Pk,doe
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PUBLIC WORKS DIRECTOR'S REPORT
FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2006-2007
The boundary of the City of Bakersfield Consolidated Maintenance District is
generally described in Exhibit "A" of each district and is specifically as shown on each district
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" of each district within the Consolidated
Maintenance District are on file in the office of the City Clerk and Exhibit "D" for the
Consolidated Maintenance District 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'd'-,í?M£,?,d'
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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" of each district
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" of each district, 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 (Le., 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,
EXHIBIT "1"
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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 2006-2007 Budget attached hereto as Exhibit "D" of the
Consolidated Maintenance District 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:
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RAUL M. ROJAS
Public Works Director
City of Bakersfield
Attachment:
Exhibit "D"
EXHIBIT "1"
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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,
2006-2007
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
5: \PROJECT S\MAI N 0 ISTlExh ibitDlCMD _ 06-07 _PK. XLS
$1,808,690.00
($81,542.00)
$1,541,432.00
$348,800.00
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ORIGINAL
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 25th day of May, 2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1454 ,
passed by the Bakersfield City Council at a meeting held on the 24th day of May, 2006
and entitled:
A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT AND THE 2006-2007
BUDGETS; SETTING TIME AND PLACE FOR HEARING PROTESTS
ON THE AMOUNT OF PARK LANDSCAPING ASSESSMENTS TO BE
LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE
DISTRICT. (ALL WARDS)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~
DEPUTY Ci Clerk
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