HomeMy WebLinkAboutROI NO 1745RESOLUTION OF INTENTION NO. 1745
A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE
DISTRICT AND THE 2013 -2014 BUDGET AND SETTING THE TIME
AND PLACE FOR HEARING PROTESTS ON THE AMOUNT OF
STREET 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",
which includes the following attachments:
1. the Director's Report benefit formula, attached to the Director's Report as
Exhibit "A'
2. the Director's Report budget, containing the matters specified in Section
13.04.120 of the Bakersfield Municipal Code, attached to the Director's
Report as Exhibit "B'; and
WHEREAS, the amount of assessment to be levied against each parcel within
the Consolidated Maintenance District is on file in CD format 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.
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 benefit
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.
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ORIGINAL.
4. The City Council hereby sets WEDNESDAY, June 5, 2013, 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 park landscaping assessment on any parcel of
property to be assessed; and
• 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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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of M0i 5 Rk/ of Bakersfield at a regular meeting thereof held on
, by the following vote:
✓ /' ✓ ✓ f
AYES' COUNCILMEMBER MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
ES: COUNCILMEMBER 0
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
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ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
MAY 15
_2120• •
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNFy
M
ANDREW HEGLUND
DEPUTY CITY ATTORNEY
Attachments: Exhibit "1" - Director's Report
Exhibit "A" - Director's Report Benefit Formula
Exhibit "B" - Director's Report Budget
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PUBLIC WORKS DIRECTOR'S REPORT FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2013 -2014
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 for the various areas of benefit within the Consolidated Maintenance
District within the City of Bakersfield, County of Kern, State of California. The amount of
assessment to be levied against each parcel within the Consolidated Maintenance District is on
file in the office of the City Clerk. The 2013 -2014 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 ,s�rrft
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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"
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 "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, 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 Benefit Formula and Budget for the Consolidated Maintenance District for FY 2013-
2014, attached hereto as Exhibit "A" & "B" respectively. The Assessment Roll 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.
L
Dated: 3
RAUL M. ROJAS
Public Works Director
City of Bakersfield
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ORIGINAL
BENEFIT FORMULA
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
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.
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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
2013 -2014 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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Exhibit A o
ORIGINAL.
EXHIBIT "B"
2013 -2014 BUDGET
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
STREET & PARK MAINTENANCE
(City Staff Services or Contract, Supplies, Materials and Utilities)
Gross Park Budget Amount Required $2,293,890.33
Gross Street Budget Amount Required $5,307,446.67
Less: City Contributions per Resolution 63 -96 $1,903,003.46
NET AMOUNT TO BE ASSESSED $5,698,333.54
" Deficits not carried over from previous years. Deficits to be paid
by the City of Bakersfield.
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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 20th day of May . 2013 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 1745 passed by
the Bakersfield City Council at a meeting held on the 15th—day of May, 2013 and
entitled:
A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING,
CONFIRMING, AND APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND
THE 2013 -2014 BUDGET AND SETTING THE TIME AND PLACE FOR
HEARING PROTESTS ON THE AMOUNT OF STREET LANDSCAPING
ASSESSMENTS TO BE LEVIED THROUGHOUT THE CONSOLIDATED
MAINTENANCE DISTRICT. (ALL WARDS)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Coun 'I of the 4ofBakersfield By:
DEPU ity
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