HomeMy WebLinkAboutROI NO 1667
RESOLUTION OF INTENTION NO. 1667
A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT AND THE 2010-2011
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 "'I",
which included the following attachments;
a) the Director's Report benefit formula, attached hereto as Exhibit "A" of the
Consolidated Maintenance District; and
b) the Director's Report budget, containing the matters specified in Section
13,04.120 of the Bakersfield Municipal Code, attached hereto as Exhibit "B"
of the Consolidated Maintenance District.
c) the amount of assessment to be levied against each parcel within the
Consolidated Maintenance District, on file in CD format with the City Clerk
(Exhibit "C"),
d) a description of each territory within the Consolidated Maintenance
District, as previously passed by the Council and on file with those
resolutions with the City Clerk,
e) the improvements to be maintained by each territory specifically are
various items included in Public Park Landscape Plans within the City limits
and on file with the City Clerk,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield,
State of California, as follows;
1, The foregoing recitals are true and correct and are incorporated herein,
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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 territories within the boundaries so specified
and described in 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 territories, as previously passed by their respective Council
Resolutions and are now on file with those Resolutions in the Office of the City Clerk of the
City of Bakersfield, California.
4. The City Council hereby sets WEDNESDAY, June 09, 2010, AT 5:15 P.M., or as
soon thereafter as may be heard, at the Council Chambers of the City Council, 1600 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 1600 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.
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1 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 1 9 2010 by the following vote;
AYE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SCRIVNER
ES: COUNCILMEMBER
A TAI COUNCILMEMBER
ABSENT: COUNCILMEMBER \ 'Q
CITY CLERK and Ex Offici &1e rk of the
Council of the City of Bakersfield
APPROVED MAY 1 9 2010
1
14
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form;
VIRGINIA GENNARO
CITY ATTORNEY
By,
Attachments; Exhibit "1" - Director's Report
Exhibit "A" - Director's Report Benefit Formula
Exhibit "B" - Director's Report Budget
Exhibit "C" - Assessment Roll (on file with the Clerk's Office)
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ORIGINAL
PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2010-2011
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. Exhibit
"C" for the Consolidated Maintenance District is on file in the office of the City Clerk. The 2009-
2010 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.
The areas within the boundary of the Consolidated Maintenance District receive
benefits from the improvements and maintenance thereof. These benefits include strregf
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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" of 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
"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, 1, 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 2010-2011 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:. l
RAUL M. ROJAS
Public Works Director
City of Bakersfield
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ORIGINAL
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 below:
Rate:
The rate shall equal the dollar amount shown per the tier level of your zone of the
Consolidated Maintenance District as approved by City Council Resolution 019-15 and incorporated
herein. As per that 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 within the Consolidated Maintenance District
are established by the Parks and Recreation Department through separate policy.
FORMULA
TOTAL ASSESSMENT AMOUNT = ((PARK RATE X PARK TIER) + (STREET RATE X STREET TIER) X EDU'S
+ ANY COUNTY FEES.)
PARK RATE AND STREET RATE: Amount assessed annually based upon either the proposition
218 ballots or if the parcel joined prior to proposition
218, the rate in effect when proposition 218 was
passed in November 1996.
PARK TIER AND STREET TIER: The factor for the tier level is assigned by the Parks and
Recreation Department and is based upon the level of
amenities in proximity to the parcels receiving special
benefit.
COUNTY FEE: Any fees applied by the Kern County Tax Assessors
office for the addition and any collections of this
assessment on the annual Tax roll. The fee for the
2010-2011 tax year is $0.20 per billed parcel.
EDU's: EDU's or Equivalent Dwelling Units are assigned by the
Bakersfield Planning Department as the theoretical
maximum population density by planning zone. If a
parcel is completely developed than the actual
number of dwelling units will be used for this value.
Any parcel may be added to the City of Bakersfield Consolidated Maintenance District if they fall under
the criteria as described in Bakersfield Municipal Code section 13.04 or as part of: Site Plan Review Conditions,
Zone Change, a General Plan Amendment, or Conditional Use Permit.
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Benefit Formula "n
Exhibit "A" It
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EXHIBIT "B"
2010-2011 BUDGET
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
STREET & PARK MAINTENANCE
(City Staff Services or Contract, Supplies, Materials and Utilities)
Gross Park Budget Amount Required $1,908,204.00
Gross Street Budget Amount Required $4,415,072.00
Less: City Contributions per Resolution 63-96 $1,583,039.42
NET AMOUNT TO BE ASSESSED $4,740,236.58
Deficits not carried over from previous years. Deficits to be paid
by the City of Bakersfield.
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 26th day of May, 2010 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 1667, passed by
the Bakersfield City Council at a meeting held on the 19th_day of May, 2010 and
entitled:
A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT AND THE 2010-2011
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)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP City Clerk
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