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HomeMy WebLinkAboutRES NO 77-98RESOLUTION NO. ? 7 - 9 8 A RESOLUTION APPROVING AND ADOPTING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 1998-99 BUDGET, CONFIRMING THE STREET 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 therefor; 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 1998-99 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 Section 13.04.140 through 13.04.160 of the Bakersfield Municipal Code for publishing, posting and mailing notices of the hearings on the Consolidated Maintenance District; and said City Council hereby finds that said notice has been given in the manner required by law; and WHEREAS, the above hearings were duly held by the City Council at the time and place for the hearing of public testimony and all protests to the boundaries of the district, the fairness of the benefit formula, the zones of benefit, 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: The foregoing recitals are found to be true and correct and are incorporated herein. -1- 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. The Council hereby approves and adopts the Public Works Director's Report, the 1998-99 Budget, and confirms and levies the individual assessments as set forth in said Public Works Director's Report. 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. 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. -2- CR,G NA, 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 1 0 ~ by the following vote: AYES: COUNCILMEMBER DeMONEl, QARSON, SMITH, IVlcO£RMOT'~, t:1~, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~'~-~ ABSTAIN: COUNCiLMEMbER 7~.~. ~ ,~SENT: COUNCiLMEMbER )x/~. CITY CLERK and Ex OffiCio Clerk of the Council of the City of Bakersfield APPROVED: JUN 1 0 1998 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN ~ CITY ATTORNEY of the City of Bakersfield Attachments: Exhibit "1" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" S\Proj\Maindist\Estab\CMD98 -3- PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 1998-99 City of Bakersfield Consolidated Maintenance District and its various areas are generally described in Exhibit "A" and are specifically as shown on the Map and Assessment Diagram under Exhibit "B", attached hereto and incorporated herein by reference as though fully set forth, for the various areas of benefit within the Consolidated Maintenance District, a district within the City of Bakersfield, County of Kern, State of California. 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, irriCafion 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, replacement, 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 maintenance and operation of local public improvements of the types described above. Thus, absent 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" 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 a per dwelling unit or Equivalent Dwelling Unit basis. Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of Benefit. These benefits are, therefor, uniformly assessed on a dwelling unit or Equivalent Dwelling Unit basis. No assessment for park benefits is made on the 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. The City has identified those amenities outside the Consolidated Maintenance District whose maintenance is currently paid for out of the General Fund and to provide a credit up to that same level to those within the Consolidated Maintenance District. The assessments contained within this report for the Consolidated Maintenance District have been amended to reflect a 66% subsidy in maintenance costs for parks and a 7.3% subsidy in costs for street and median landscaping. This year, due to the passage of Proposition 218, assessment rates and methodology will not change and therefore the rates for 1998-99 will remain at the 1997-98 level. NOW, THEREFORE, I, RAUL M. ROJAS, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 1998-99 Budget as set forth in Exhibit "D" and Assessment Roll as set forth in Exhibit "E", attached hereto and incorporated herein as though fully set forth, upon 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 in said district. Dated: RAULM. OJ~ AS~ j PUBLIC WORKS DIRECTOR CITY OF BAKERSFIELD ORIGINAt LEGEND MAP AND ASSESSMENT DIAGRAM FOR CONSOLIDATED MAINTENANCE DISTRICT FISCAL YE~ R 1998 - 1999 I N.TS. T. 28S. 7 FILED IN THE OFFICE OF ~E CITY CLERK THIS __ DAY CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS __ DAY OF 19__. DIRECTOR OF PUBLIC WORKS OF THE CiTY OF BAKERSFIELD, CALIFORNIA FILED FOR RECORD THIS DAY OF ~ 19~ AT .M., IN BOOK __ AT PAGES __ ~ THROUGH OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES ?' DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER · OF THE COUNTY OF KERN, STAI~ OF CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR-RECORDER BY DEPUTY RECORDER ThE CITY COUNCIL BY RESOLUTION COMBINED THE INDIVIDUAL MAINTENANCE DISTRICTS INTO THE CONSOLIDATED MAINTENANCE DISTRICT, ON THE DAY OF 19__, AND AMENDED THE CONSOLIDATED MAINTENANCE DISTRICT ON THE DAY OF !9 ; SAID MAP AND ASSESSMENT DIAGRAM WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY ON THE __ DAY CITY CLERK OFzJ-I~FA~;I~,Y OF B A K ER SFIELD~D~CALIFOR ~. EXHIBIT 'B' ~ ~ .o. ~ ~ , CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's) for the parcel, and; The factor for the tier level, which equals the street tier number, and; The total number of street EDU's in the district. (1) = S x a x t b NOTE: Undeveloped residential and commemial pareels with no existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area (3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street landscaping. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of EDU's for the parcel, and; Multiplied by (t): Divided by (b): The factor for the tier level, which equals the park tier number, and; The total number of park EDU's in the district. (2) = P x a x t b EXHIBIT "C" Page I of.~ 0 EQUIVALENT DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached) Dwelling Unit, less than 5 acres 1.0 Per parcel Undeveloped R-1 zoned 5 acres or more. 4/acre Rounded down to the nearest whole number. Undeveloped R-1 zoned, less than 5 acres. 1/acre Rounded down to the nearest whole number. Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.71/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6/acre Rounded to nearest .01 Mobile Homes in parks (Rent Space) 0.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. EXHIBIT "C~'~^~:~,, Page 2 ~ 4 '~ EDU EXCEPTIONS Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE EDU REMARKS Polo Grounds Undeveloped R-1 zoned 5 acres or more. Parkside Village 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) Single Family Dwelling Unit (Vineyard) 1.0 Multi-Family Dwelling Unit (Shores) 0.86/unit Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) 0.58/unit Non Residential (Castle & Cooke) 24.26 Non Residential (Parkside Partners) 7.56 Brimhall & Verdugo, Seven Oaks, North & South Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage EXHIBIT "C~ Page 3 (:~ CRIG!N~t USE Union Avenue Non Residential Silvercreek 370-022-04 Chester Avenue EDU 0.71/unit 12 units/Acre 6/acre REMARKS Per parcel Shall be charged at R-3 rate as per GPA Resolution No. 22-94 Area for each parcel is based 50% on lot area and 50% on building area. S:\PROJ\MD\FORMULAS\ExhC98 EXHIBIT Page z~ 4 ~RiG!NAL EXHIBIT "D" CONSOLIDATED MAINTENANCE DISTRICT Said assessment is made in accordance with the benefit formula attached hereto. 1998-99 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Bal. (Deficit) Less: City Contributions NET AMOUNT TO CHARGED STREET $1,679,685.00 $185,648.00 $206,300.00 $1,287,737.00 PARK $793,572.00 ($6,404.00) $537,250.00 $262,726.00 Total Street and Park $1,550,463.00 S\PROJ\MAINDIST\EXHIBITD EXHIBIT"D"