HomeMy WebLinkAboutROI NO 2223RESOLUTION OF INTENTION NO.2223
A RESOLUTION DECLARING INTENTION TO FORM A
TRAFFIC -SIGNAL MAINTENANCE DISTRICT TO BE
DESIGNATED AS TS-31 (PARCEL MAP 12514),
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE
BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT
TO BE LEVIED AGAINST EACH PARCEL (WARD 5)
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 property owner has requested the City Council to form
a Traffic Signal Maintenance District in accordance with the procedures
established therefore by Chapter 13.04 of Title 13 of the Municipal Code of the
City of Bakersfield and the Public Works Director recommends formation of a
Traffic Signal Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield
to form a Traffic Signal Maintenance District to be designated as TS-31 (Parcel
Map 12514). Said area is generally described in Exhibit "A" attached hereto, to
maintain and operate the convenient traffic signal; 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 ", containing the following:
(a) a description of the boundary of the new territory, attached
hereto as Exhibit "A";
(b) a map and assessment diagram of the new territory,
attached hereto as Exhibit "B";
(c) the benefit formula set forth as Exhibit "C";
(d) a budget, Exhibit "D," containing the matters specified in
Section 13.04.130 of the Bakersfield Municipal Code;
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ORIGINAL
(e) the amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E"; and
(f) The recorded covenant disclosing inclusion in traffic signal
maintenance district, attached hereto as Exhibit "I"';
(g) The proposition 218 ballot signed by the property owner,
attached hereto as Exhibit "G";
(h) correspondence from the property owner(s) requesting
creation . of a traffic signal maintenance district attached
hereto as Exhibit"H";
WHEREAS, the City of Bakersfield has received a letter from the
owner(s) of the property which waives all hearings (whether pursuant to the Brown
Act, the Bakersfield Municipal Code, or any other law) concerning the formation
of and assessments for inclusion in a Traffic Signal Maintenance District; and
WHEREAS, said property owner(s) have returned their assessment
ballot(s) indicating their support of the proposed assessments and formation of
a Traffic Signal Maintenance District.
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 preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified .and described is the area, benefiting from said
,local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B", entitled "Map and
Assessment Diagram for Addition of Territory as a Traffic Signal
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory forming the Traffic Signal
Maintenance District and shall govern for all details as to the extent of the
addition.
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ORIGINAL
3. Each parcel identified in Exhibit "E" is included in the areas of benefit and
is assessed an amount not to exceed the amount established in Resolution
No. 019-05 per equivalent dwelling unit per year. In each subsequent year,
annual assessments may increase by the cost of living reflected in the Los
Angeles -Riverside -Orange County/All Urban Consumers Consumer Price
Index.
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
JAN 0 0 2025 by the following vote:
V, v V, V L" ?r
YE-: COUNCILMEMBER ARIAS, GONZALES,-WE-t€3; SMITH, KOMAN, BASHIRTASH, KAUR
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
BSEN : COUNCILMEMBERU Q Q
APPROVED:Ak. n , 2025
Additional signatures on next page
%AAR
J LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Page 3 of 4
CBPGINAL
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
LN
DIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit "1" Exhibit "D" Exhibit "H"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C" Exhibit "G"
Page 4 of 4
ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED
AS TS-31 (PARCEL MAP 12514)
Fiscal Year 2024-2025
Formation of Traffic Signal Maintenance District, as shown in Exhibit "A" is generally described as
Parcel Map 12514 and as specifically shown on Map and Assessment Diagram marked Exhibit "B,"
attached hereto and incorporated herein by reference as though fully set forth, as an area within the
City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield,
referred to as the Maintenance District Procedure, the Public Works Director makes and files this Report
and proposed assessment of and upon all parcels of property within the area for the cost of
maintaining a convenient traffic signal. The improvements maintained within this district include all
operating and maintenance costs associated with the convenient traffic signal(s) within the district
and are of a public nature. The assessment includes the cost of necessary repairs, replacement,
electricity, care, supervision and all other items necessary for the proper maintenance and operation
thereof, and all additions and improvements thereto which may hereafter be made.
All parcels within this area shall be assessed an amount not to exceed that established in the wording
on their Proposition 218 ballots as submitted with the formation of this district. In each subsequent year,
annual assessments may increase by the cost of living reflected in the Los Angeles -Long Beach-
Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until the
convenient traffic signal(s) are operational.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will be
affected.
NOW THEREFORE, I, ZAC MEYER, Director of Public Works 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 2024-
2025 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto
and incorporated herein as though fully set forth, upon all parcels of property within additional territory
subject to be assessed to pay the cost of maintenance and operation in said area.
Dated: 12 I 2�Z 1{
ZA MEYER
irector of Public Works
City of Bakersfield
EXHIBIT 1
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T
ORIGINAL
Exhibit "A"
LEGAL DESCRIPTION
Area T-31
An area located in Section 20, Township 30, Range 27 M.D.B. & M., more particularly
described as follows:
Parcel Map 12514
Bakersfield California
Containing: 54.85 Acres, more or less.
O�$AKk9q
s
ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
IAREA TS-31) AS A
TRAFFEMAINTENACED:ISTRICT
BAKERSFIELD, CALIFORNIA
IR
PB
IS
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INI
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EXHIBIT "C"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Traffic Signal Maintenance District shall be assessed the amount as
defined below:
Rate:
Each parcel shall be assessed a percentage of the total operating and maintenance costs.
Each parcel will be assessed based upon their gross parcel size. The percentage of the
parcel size to the total district parcels will represent the percentage of the total assessment
apportioned. The maximum assessment is stated on the Proposition 218 Ballot completed
and signed with the formation of this district.
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.
On January 12, 2005 the city passed Resolution 19-05 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.
ORIGINAL
EXHIBIT "D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA T-31
Said assessment is made in accordance with the benefit formula attached hereto.
2024 - 2025
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
County Fees to Add Parcels to Tax Roll
$0.00
NET AMOUNT TO BE ASSESSED $0.00
EXHIBIT
>
H- m
U r
O
ORIGINAL
EXHIBIT "E"
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA T-31
ASSESSMENT ROLL
FISCAL YEAR 2024 - 2025
Assessor's Tax No. Total amount to
be collected for
FY (2024 - 2025)
545-040-14-00-5 $0.00
545-040-28-00-6 $0.00
545-040-29-00-9 $0.00
Total $0.00
EXHIBIT "o'�AKF9s
ORIGINAL
REdbFk6lN_'(G ]REQUESTED BY
AND,FoRt,kEO#NEFrr or
TkE.'CliYof RA!(ERSIFIELD
WHEN I
A— kSCO I=DMA(L TO:
C (T-Y,C LEA K-S: OF F IC E
C{T
160, Dal
AVE.
BAKgR 1EM �C , �$F , A 93301'
TS,-31
No redofdirig.-11e6 required: exempt pursuant to
,Govern
me, _CW lop 27383
Govemm I eintagencyacquiring title — evempt frorn
Pocurtieqt0qTransfer rax per R & T Code
e 11,922
GC�27-398.,1(2)'(1};,,kecorded do"cu'ment is expressly
exetrPted-k4rd paymentof recording fees (FBO) Govt. aqency)
THIS_ SPACE` FOR ,RECORDER'S USE, ONLY
A TRAFFICSIGNAL
DISTRICT
-
THIS _S COVENANT is executed on kit
JN
by Castle & Cooke Commercial
-
CA,:Inc_ ;aCa1i fornia Corpor4atiori in .Bakersfield, hereinafter referred to. as ("Owner"), in connection with the
Traffic Signal iIt Wnance'Disfiict; located inthe:City of Bakersfield CA.
I
The real- property herein described is :located within the Traffic S ignil Maintenance Dis
trict and may
be assessed-onan,ongoing, yearly basis for maintenance of, a43onvenient Traffic Signal in the, public rights -of
way Within Astrict. The assessment is imposed in accordance with California Proposition, 21-8 with the
Consent cif the Majority Property 'O'wne-r(s) as can be seen on "the ballot cast and attached as Exhibit W.
Although this property may have, been...8sessed a . lesser amount in the present, tax year, the ultimate
estimated
annual assessment for maintenance of a, Traffic Signal (Each) based on hill build out of this district,
is 13 9-7& 81 per Convenient Traffic Signal in the District,, based on fiscal year 2024-2025 dollars and labor
costs -of the. district plus any county fees for adding In each subsequent year,
annuaVassessiqenis may 'increase by, the cost, of living reflected in the Los Angeles - Riverside - Orange
County / All _-Urban Consumers Consumer Price 1ndex. (See!Bak-ersfield City Qouncil-Resolution .N o.0,19-05.)
This covenant may not be amended or modified without the prior approval. of the City of Bakersfield. This
covenaritshall rim with the land.;
Dated T1115:., - 1/itV o?QQ 9
'Castle.&, Q-oo1(&.CommerciaI,-CA, Inc.
City of Bakersfield-:,
r
Scott R. e.r yer
'5-k. L
Public:
Senior i/de"P cz�Jv- ctinag Publlic�Works C
J.- PrOs nf/ Works:
EXHIBIT F
NOTE:: A.11,.owo"ldb;vel.6por(s)signatures
res must be notarized..
ORIGINAL
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF K2CY1 }
OnSWnw&Y M.2024 before me , '�Y1c�►Ote� "13t�nQ Notary
Date
(here insert name and title of the officer)
appeared &z t k b(lC NQ�nan �� _wmeir
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument andd acknowledged to me that he/she/they executed the same.
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
)regoing paragraph is true and correct.
WITNESS my hand and official seal.
BRIDGET HOEFNER
r COMM. #2348250
N0TAFY PLeUC-CAUF0RNIA
KERN COUNTY F+
Nty Comm. E)qL Feb. 20, 2025
Signature:. (Seal)
of Attached Document
or Type of Document:
Date:
Other:
OPTIONAL
Number of Pages:
2015 AD!wille Service707-992-5551 ww�\' C£Ili'roi-lli9ApostiliC US t' diti�rni� 1ltohilc No z i Netts wNvw c'AN1NN com
EXHIBIT F
ORIGINAL
Exhibit , W to the Covena t Disclosing inclusi on in a Traffic Signal: Maintenance District.
O I
PROPOSITION 218 BALLOT
CITY OF -BAKERgFIELD CONSOLIDATED MAINTENANCE DISTRICT
This assessment ballot is for, the use of the property owner of the parcel(s) identifted, - be
low,
,
which are proposed to be included. in the City of gakersfield Traffic Signal Maintenance District
(T-SMO). This assessment ballot may be, used to -express either support for or opposition, to
incl usidn:W.-fth* , the TSMD. To be counted,, this assessment ballot must be signed below by the
in
ownpror, if owner is not an individual', by an authorized representative of the. owner.
[TO CAST' -THIS BALL T, PLF-4SE RETURN THIS ENTIRE PAGE]
-OFFICIAL ASSESSMENT BALLOT
-Property Owner: Castle & Cooke,.Commercial = CA, Inc.
Property description: 545-040T14-00-5,.545-040-28,-00-6, &54,5-040-29-00-9
(Address, &16i ATN(sj)
-The, individualannual assessments, for fiscal year -20242025 shall It not exceed $3 878'81
p by the City from the County Assessor's.
�,Or equivalent , alentdWdlling unit plus any costs, incurred
q
office krodd tig parcels to the, Tax Roll, NOTE- 1n:ea
ch subsequentyear. annual assessments
may increase ' by cast of living, reflected in. 9
the Los An eles—Riverside—Orange, County/All
,e, , the
Urban- Consumers Consumer Price Index.
ASSESSMENT BALLOT MEASURE
Mal , I the City Council of 'the City of
Rakersfi'eld include the above described ✓ Yes
propert), within the Traffic Signal Maintenance
District and evy an assessment notto exceed O No
,the, arnount. set forth above?'
Owner Signature,
'Title (if representing- owner):.
Date:
EXHIBIT G $AK4�9
ORIGINAL
100061.6n of a Subdivision into the TrafficSignalMaintenance' District
CityofBakersfield - Public: Works Department
Attn:i Ma , n , preet 8ehl
BM. ITruxtun, Avenue
gokettfi'eld, California 98301
DaarW Behl-
RE, fiftdiiitsion of TENTATIVE Pateell Map 12614 in a Traffic Signal Maintenance
District (TSM.D T&.31)
We, the Undersigned, as. owners of, the property included -within Tentative Parcel
Map 1-1544 hereby request that the property be included within the TSMID. This
re Co quWjsJn accordance with the requirements of Municipal , de
800610111,18.04.0Z1. Enclosed' is a check for$ 1,060.00 as- required by the City to
cover -the. costs of this -inclusion into the TSMID. If requested, Our engineer -will supply
y'QU with acomputer disk- copy of the map for your use.
W-6, understand that Under Proposition 218,and Government Code section 58753
("AppjjcOblelaw"), a City'C'ouncil, hearing will be held for purposes of including, the
666Vd-ptoperiv WithinJM TSUD and determining the amount of assessments. We
herebywaive,,,,our right tohave a hearing within, the time parameters set forth in the,
applicable law. `Wer further understand ,that the hearing is scheduled for.
at -,5- -15 in the. Council Chambers.. located' at 15.01 Truxtun Ave, Bakersfield, CA
We her
eby waive our right to further notice ofthat tioaring.,
-Respectfully,.
Senior Vice President
Castle.& Cooke Commercial—, CA,, Inc.
Date
EXHIBIT H K,6;9
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern ) ss.
JULIE DRIMAKIS, 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 13th day of January 2025, she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 2223 passed by the Bakersfield City Council at a meeting held on
the 8th day of January 2025, and entitled:
RESOLUTION OF INTENTION NO. 2223
A RESOLUTION DECLARING INTENTION TO FORM A TRAFFIC SIGNAL MAINTENANCE
DISTRICT TO BE DESIGNATED AS TS-31 (PARCEL MAP 12514), PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH
PARCEL (WARD 5)
JULIE'DRIMAKIS,_ MM'C
City ,Cle l�and Ex _Officio of- the
Council of the City of Bakersfield
TY City Clerk =
SADOCUMENT\FORMSWOP.ROI.wp
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ORIGINAL