HomeMy WebLinkAboutRES NO 049-11RESOLUTION NO. 049- 1 1
A RESOLUTION APPROVING AND ADOPTING THE PUBLIC
WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED
MAINTENANCE DISTRICT AND THE 2011-2012 BUDGET,
CONFIRMING THE STREET LANDSCAPING ASSESSMENTS AND
AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN
COUNTY TAX COLLECTOR. (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 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 2011-2012 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.
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.
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3. The Council hereby approves and adopts the Public Works Director's Report,
the 2011-2012 Budget, and confirms and levies the individual assessments for
street 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
JUN 0 8 Y011 , by the following vote:
Y~F$ COUNCILMEMBER SALA, BENHAM, R, CO1UUCH, HANSON, S LLIVAN, JOHNSON
NOES: COUNCILMEMBER V\Q
ABSTAIN: COUNCILMEMBER (\WXQ_
ABSENT: COUNCILMEMBER 6A14/
191zak"11-el
ROBERTA GAFFORD, CMU/
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUN 0 g 2n'l
APPROVED:
MAYOR of the City of Bakersfield
VIRGINIA GENNARO
CITY ATTORNEY
B
tjOSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit "1 "
Exhibit "A" Benefit Formula
Exhibit "B" Budget
Exhibit "C" Tax Roll - On File with the City Clerk's Office
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APPROVED as to form:
PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2011-2012
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 2011-
2012 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.
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1.
EXHIBIT "101
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" 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.
EXHIBIT "10
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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 2011-2012 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:
RAUL M. ROJAS
Public Works Director
City of Bakersfield
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ORIGINAI.
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
2011-2012 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.
Benefit Formula
Exhibit "A" n
EXHIBIT "B"
2011-2012 BUDGET
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
STREET & PARK MAINTENANCE
(City Staff Services or Contract, Supplies, Materials and Utilities)
Gross Park Budget Amount Required
Gross Street Budget Amount Required
Less: City Contributions per Resolution 63-96
NET AMOUNT TO BE ASSESSED
Deficits not carried over from previous years. Deficits to be paid
by the City of Bakersfield.
$2,138,716.03
$4,948,414.97
$1,774,271.40
$5,312,859.60