Loading...
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, -1- (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. .......... 000 .......... -2- 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" S:\PROJECTS\MAINDIST~TRAFSlG\Estab~TS-9reO3.doc -3- 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 -1- ben~ this mair withi incu~ Bak( City, in E: thou (Go.~ in ss Oat6 S:\PR( ,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 -2- Apl bein des( S:\PR( 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. S:\PROJ ECTS\MAINDIST\TRAFSIG\Formulas\TS-9.doc 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 S:/PROJECTSIMAIN DIST~TRAFSIG/EXHIBITS/TS 9E03 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. S:\P ROJ ECTS' MAIN DIST\TRAFSIG\Covenant~TS-9.doc