HomeMy WebLinkAboutRES NO 175-03RESOLUTION NO. 1 7 5 "' 0 3
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. TS-9 (GOSFORD VILLAGE), CONFIRMING
THE ASSESSMENTS, APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT AND AUTHORIZING
COLLECTION OF ASSESSMENTS BY THE KERN
COUNTY TAX COLLECTOR.
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1314, adopted September 10, 2003, declared
its intention to order the establishment of a maintenance district, preliminarily adopted,
confirmed and approved the Public Works Director's Report, the boundaries of the
proposed district, the fairness of the benefit formula, the amount of assessment to be
levied against each parcel and the reservation of right to perform work by City forces or
private contractor. Said District shall be designated Maintenance District No. TS-9
(Gosford Village), as shown and designated on that certain map entitled Map and
Assessment Diagram for Traffic Signal Maintenance District No. TS-9, Bakersfield,
California, on file in the offices of the City Clerk and Public Works Director, City of
Bakersfield; and
WHEREAS, the Public Works Director duly filed with the City Clerk his
Report, including a budget, assessment formula, improvements to be maintained by the
district, description of property and proposed assessments; and
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property within Maintenance District No. TS-9 (Gosford Village), which waives any
and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or
any other law) concerning the formation of and assessments for a maintenance district.
The owner also has submitted a Proposition 218 Ballot (Official Assessment Ballot)
indicating his consent to the assessments; and
WHEREAS, on September 28, 1994 the City Council approved Resolution
161-94 which provides for the collection of maintenance and operating costs for future
"convenience" traffic signals through maintenance districts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
1. The foregoing recitals are true and correct and incorporated herein by
reference.
2. The Council hereby establishes Maintenance District No. TS-9
(Gosford Village), and confirms and adopts the Public Works Director's Report,
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(attached hereto as Exhibit "1" and incorporated herein by reference) including the
amounts of assessment for each assessed parcel, as set forth in the Public Works
Director's Report.
3. Exhibits "A" and "B" describe Maintenance District No. TS-9 (Gosford
Village).
4. The assessment for Maintenance District No. TS-9 (Gosford Village),
shall not exceed $3,000 per traffic signal per year. The assessment for the 2003-2004
fiscal year shall be zero. The benefit formula (Exhibit "C"), the budget (Exhibit "D"), and
the assessment roll (Exhibit "E") are attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect
assessments for Maintenance District TS-9 (Gosford Village).
6. Beginning in the 2004-2005 fiscal year and each fiscal year thereafter,
the Public Works Director is hereby directed to prepare an Annual Report, as provided
in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within
the time allowed for placement of assessments on the County tax rolls for the applicable
fiscal year. Upon filing of the Annual Report, the Clerk shall set a hearing before the
City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of
said Code.
7. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements 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.
8. The establishment of this maintenance district complies with
Proposition 218.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council~(2~ City of Bakersfield at a regular meeting thereof held
on SEP ~,~zuu3the , by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio ~lerk of the
Council of the City of Bakersfield
APPROVED: $-ffJ~ '~ 2003
APPROVED as to form:
BART J. THILTGEN
City Attorney
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-9
(GOSFORD VILLAGE)
Fiscal Year 2003-2004
City of Bakersfield, Maintenance District No. TS-9 (Gosford Village), is
generally described as a district bounded by Pacheco Road on the north, Gosford Road
on the east, Harris Road on the south and a line 1/4 mile west of Gosford Road on the
west 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 a
district 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 district for the cost of maintaining and operating
three traffic signals located on Gosford Road, between Pacheco Road and Harris
Road, at the entrances to the shopping center. The assessment includes the cost to
operate, maintain, repair and replace signal poles, mast arms, signal heads, controllers,
cabinets, machine vision detection systems, street light luminaires, conduits, wires and
pull boxes, energy costs, supervision and any and all other items necessary for the
proper maintenance and operation thereof.
Developers often request permission to install traffic signals on major
streets to enhance access to their development. These "convenience" traffic signals
are not required by the Traffic Authority to regulate traffic flow, but are installed solely at
the discretion of the developer. Such signals do not provide a general public traffic
benefit.
Under the "user pay" concept, the private property deriving benefits should
bear the costs of maintenance and operation of convenience traffic signals. On
September 28, 1994 the City Council approved Resolution 161-94 instituting the
collection of maintenance and operating costs for future convenience traffic signals
through maintenance districts.
The traffic signals that will be operated and maintained under the
proposed maintenance district will benefit the shopping center on the west side of
Gosford Road between Pacheco Road and Harris Road. Each parcel will be assessed
a proportional share of the cost of maintaining and operating the traffic signals. The
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,fit formula is set forth herein as Exhibit "C" and attached hereto and incorporated in
resolution as though fully set forth herein. The estimated annual cost for
tenance and operation of each traffic signal shall not exceed $3,000. All parcels
~ this district will have a zero assessment for the 2003-2004 fiscal year. Any costs
red in the 2003-2004 fiscal year will be carried over to the 2004-2005 fiscal year.
NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of
~rsfield, by virtue of the power vested in me and the order of the Council of said
hereby submit the Fiscal Year 2003-2004 Budget and Assessment Roll as set forth
:hibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as
Ih fully set forth, upon all parcels of property within Maintenance District No. TS-9,
ford Village), subject to be assessed to pay the cost of maintenance and operation
id district.
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
J ECTS\MAIN DIST\TRAFSIG\Roi\TS-9Ri03,doc
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MAINTENANCE DISTRICT TS-9
LEGAL DESCRIPTION
rcel of land situated in the City of Bakersfield, County of Kern, State of California,
] a portion of Section 20, T 30 S, R 27 E, M. D. B. & M., and more particularly
ribed as follows:
Parcel Map No. 10465, Phase A, Parcels 1, 2, 3 and 4, recorded December 24,
2002 in Book 52, Page 149 of Maps in the office of the Kern County Recorder.
J ECTS\MAIN DIST~TRAFSIG\Legals\TS-9.doc
EXHIBIT"A"
MAP AND ASSESSMENT DIAGRAM
FOR TRAFFIC SIGNAL
MAINTENANCEGosFORDDISTRICTvlLLAGENO. TS-9
BAKERSFIELD, CALIFORNIA
I~OAD
SWtOERT
PARCEL 3
PARCEL 4
A PART
PANAtIA LANE
EXHIBIT 'B'
MAINTENANCE DISTRICT TS-9
(Gosford Village)
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed a percentage of the total operating and maintenance
cost proportional to the trips generated by that parcel, adjusted for prior year fund
balance or deficit.
The amount to be assessed to each parcel is calculated as follows:
(1) Calculate the total number of trips generated by each building using the City
Average Daily Trips (ADT) rates.
(2) Add the total number of trips (1) of all buildings in each parcel.
(3) Add the total number of trips (2) of all buildings in all parcels.
(4) Divide the total number of trips of each parcel (2) by the total number of trips in
all parcels (3). This is the proportionate share of the total assessment for each
parcel.
(5) Multiply the result of (4) times the total cost of the district for each parcel. This is
the amount to be assessed to each parcel.
Assessment amounts could vary substantially during the initial development within the
district. Since only the developed parcels will generate traffic using the signalized
intersection, those parcels will be responsible for the entire cost. The maximum yearly
assessment for all property within Traffic Signal Maintenance District No. TS-9 (Gosford
Village) shall not exceed $3,000 per traffic signal.
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EXHIBIT "C"
EXHIBIT "D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
TS-9 (Gosford Village)
Said assessment is made in accordance with the benefit formula attached hereto.
2003-2004
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$0.00
S \PRO J E CTS\MAIN DIST~TI~AFSIG\EX HI BITS/TS- 9D03
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-9
(Gosford Village)
FISCAL YEAR 2003-2004
Assessor's Parcel No.
497-130-19-00-6
497-130-20-00-8
497-130-21-00-1
497-130-22-00-4
Total
Date:
Total
Assessment
$0.00
$0.00
$0.00
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"
Stephan J. DeBranch
Vice President
Castle & Cooke
CALIFORNIA, INC.
August 8, 2003
Ms. Marian P. Shaw
City of Bakersfield - Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Ms. Shaw:
RE: Inclusion of "Gosford Village" in a Traffic Signal Maintenance District
We, the undersigned, as owner of the property included within Parcel Map
10465, Phase "A' - Parcels 1, 2, 3, & 4, the "Gosford Village Shopping Center"
hereby request that the property be included within a Traffic Signal
Maintenance District. This request is pursuant to Resolution No. 161-94 in
accordance with Municipal Code Section 13.04.
Enclosed is a check in the amount of $1,641.15 as required by the City to cover
the costs of this inclusion into the Traffic Signal Maintenance District.
Furthermore, our engineer will supply you with a computer disk copy of the
map for your use.
We also waive our right to any and all hearings in accordance with the Brown
Act, the Bakersfield Municipal Code, or any other law) concerning the formation
of or inclusion in the maintenance district.
We have signed and are returning the enclosed Proposition 218 ballot (Official
Assessment Ballot) indicating our consent to the assessment.
Sincerely, / ,,
'~gte~" ~ti~n L~l~eBr~nch
Vice President, Land Development
cc: Bill Sampson
Mike Ansolabeherc
Stan Rothbart
Lee Jamieson
10000 Stockdale Highway (93311) · P.O. Box 11165 · Bakersfield, CA 93389-1165 · (661) 664-6503 · Fax (661) 6~.~6~042
CITY OF BAKERSFIELD
TRAFFIC SIGNAL MAINTENANCE DISTRICT
IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT
BALLOT
This assessment ballot is for the use of the property owner of the parcel(s) identified below,
which are proposed to be included in the City of Bakersfield Traffic Signal Maintenance
District (hereinafter TSMD).
This assessment ballot may be used to express either support for or opposition to inclusion
within the TSMD. In order to be counted, this assessment ballot must be signed below by an
owner or, if the owner is not an individual, by an authorized representative of the owner.
[TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE]
OFFICIAL ASSESSMENT BALLOT
Owner: Castle & Cooke Commercial --¢,~a, ~ Inc.
Property Description: Parcel Map 10465, Phase "A" - Parcels 1, 2, 3, & 4
Total annual assessment shall not exceed $3,000.00 per traffic signal.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include the above described
Property within a Traffic Signal Maintenance
District and levy an annual assessment not to
exceed the amount set forth above?
[] Yes
[] No
Date August 8, 2003 / t
Owner Signature //~~~-"'~--;-~/' (~
~. ~/'Steghan J'~-D;~I~ranch // Laura Whitaker
Vice President // Vice President
/
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Parcel Map No. 10465~ Phase At Parcels 1 through 4.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of ,200__,
Castle & Cooke Commercial Ca, Inc., a California Corporation, (hereinafter, "Owner"), in connection with the
Traffic Signal Maintenance District TS-9 (Gosford Village), located in the City of Bakersfield, California.
The real property herein described is located within Traffic Signal Maintenance District TS-9 (Gosford
Village) and may be assessed on an ongoing, yearly basis for maintenance of traffic signals within the district.
Assessments shall not exceed $3,000.00 per traffic signal per year. Assessments will continue as long
as the traffic signals remain operational at their present location.
This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This
covenant shall run with the land.
Dated this ._ day of ,200 .
Owner(s)/Developer(s):
Castle & Cooke Commercial - Ca, Inc.
A California Corporation
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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