HomeMy WebLinkAboutRES NO 093-08RESOLUTION NO. p 9 3 '' 0 8
A RESOLUTION APPROVING AND ADOPTING THE
PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT AND THE
2008-2009 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 2008-
2009 budget for the Consolidated Maintenance District with the City Cterk'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:
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 2008-2009 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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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
.IL1N 1 1 2008 , by the following vote:
AYES COUNCILMEMBER CARSON. BENHAM, W IR, COACH, HAf~750N. SULCIVAN, SCRIVNER
S: COUNCILMEMBER N
ABSTAIN: COUNCILMEMBER I~t.6YtQ
ABSENT: COUNCILMEMBER ~I~L~77~lSL
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CITY CLERK and Ex Officio rk
of the Council of the City of Bak rsfield
MAYOR of the City of Bake
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNEY
By:
Attachments: Exhibit "1" and Exhibit "B"
do
S:\PROJECTS\MAINDIST\RESOL ESTAB\CMD 2008-09 Park.doc
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JUN 1 1 2008
APPROVED:
PUBLIC WORKS DIRECTOR'S REPORT
FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2008-2009
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, Exhibit "C" for the various areas of benefit within the Consolidated
Maintenance District within the City of Bakersfield, County of Kern, State of California.
Exhibits "A", and "C" for the Consolidated Maintenance District are on file in the office of the
City Clerk. The 2008-2009 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.
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 "A" of each territory
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 "A" for each territory, on file in the office of the City Clerk, and 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 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 "C" 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 Budget for the Consolidated Maintenance District for FY 2008-2009
attached hereto as Exhibit "B". The Assessment Roll, Exhibit "C" 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 City Clerk's
Office.
Dated: 5 ~z~ ~~'S
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RAUL M. ROJAS
Public Works Director
City of Bakersfield
Attachment: Exhibit "B"
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EXHIBIT "1"
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EXHIBIT "B"
2008-2009 BUDGET
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
PARK & STREET MAINTENANCE ZONE
Assessment is made in accordance with the
Benefit Formula (Exhibit A) on file in the Public Works Office
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Subsidy (66% of Park / 7.3% of Street)
Amount to be Assessed by Benefit Formula
Deficits from previous years are not rolled forward for collection
S:\PROJECTS\MAINDIST\ExhibitB\CMD 08-09 ST & PK.XLS
$7,760,322.00
$0.00*
$2,031,739.00
$5,751,880.79
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ORiGINF~L
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel in the Consolidated Maintenance District shall be assessed the sum of the
amounts as defined in below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the
Consolidated Maintenance District on Attachment A "Consolidated Maintenance District
Cost per Tier" as approved by City Council Resolution 019-15. As per the 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." Tier levels for both Parks and Street Landscaping in the 5 zones of the
Consolidated Maintenance District are established by the Parks and Recreation Dept.
through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's
as defined on page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street
or park tier number. This tier is assigned by the
Parks and Recreation department for the entire area
of the Consolidated Maintenance District.
County Fee: The County of Kern Assessors Office charges a fee
for each Parcel added to their tax roll.
Total Assessment $_ ((Park Rate** x Park Tier) x EDU)) + ((Street Rate** x Street Tier) x
EDU) + (County Fee)
**Note: Since Proposition 218 was passed in November 1996, assessment rates for areas
formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms
stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-OS which allowed for an escalator on the
maximum assessment. Any areas formed after Proposition 218 and which have ballots which
include this escalator may be increased according to their ballot terms.
EXHIBIT "A" ~~:>~~~~~':~-~
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A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the
below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments that are
subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way
and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance
district, or joining a maintenance district, as a condition of a zone change, or general plan
amendment, or conditional use permit, or during site plan review where deemed necessary by the
city. (Ord. 4043 § 1 (part), 2002: Ord. 3714 § 1, 1996)"
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded absent
establishment of a maintenance district to provide for all future maintenance of any landscaping
in the public right-of-way and of any public park required as a condition of approval of the
development project for the area covered by the final map or parcel map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a
General Plan Amendment, or a Conditional Use Permit.
EXHIBIT "A" ~~~~`~~~~'~
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Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also
be adjusted given special conditions or agreements as necessary to adequately reflect the
conditions of the site at the time of formation.
Developed Parcels will be assessed by their actual units on their site as per their plans, map, or
current use.
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space /Lot
Multifamily Residential Parcels: .71 EDU per unit
(Commercial /Industrial /Mixed Use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max
theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R-1 7.26
R-2 17.42
R-3 34.85
R-4 72.6
E: 4.36
R-S 1.82
R-S-1 A 1
R-S-2.SA 0.4
R-S-SA 0.2
R-S- l OA 0.1
Commercial /Industrial /Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT "A" ~~~
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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
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
Parkside Village (2-01)
Single Family
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential
(Castle & Cooke)
Non Residential
(Parkside Partners)
Brimhall & Verdugo (1-09)
Seven Oaks, North (2-11) & South (2-20)
Undeveloped R-1 zoned
5 acres or more
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Village Lane (1-20)
Non Residential
EDU REMARKS
3.28/acre Rounded down to the
nearest whole number.
(Per condition of
Annexation)
1.0
0.86/unit
0.58/unit
24.26
7.56
3/acre
1.0 Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
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EXHIBIT "A" o~ ~~ ` ~~
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USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11, 4-16)
Wall Street (4-25)
Baker Street (4-24)
Baker Street II (4-29)
19TH, Eye, W (4-52)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
Stockdale, Buena Vista SW (2-22)
EDU REMARKS
3 Per parcel
0.71/unit Shall be charged at R-3 rate, 12
units/Acre, as per GPA
Resolution No. 22-94
Area for each parcel is based
6/acre
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50% on lot area and 50% on
building area.
Park maintenance fee to be paid
per Agreement 96-81(1).
Park maintenance fee to be paid
per Ordinance No. 3957.
EXHIBIT "A"
Page 5 of 5
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EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
ASSESSMENT ROLL
Assessment is made in accordance with the
Benefit Formula (Exhibit A) on file in the Public Works Office
Amount to be Assessed by Benefit Formula TBD***
*"" Corrections to be made before assessment can be determined
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