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Home My WebLink AboutRES NO 158-08RESOLUTION NO. 1 5 8" 8 A RESOLUTION ADDING TERRITORY, AREA TS-16 (WHITE LANE, BUENA VISTA ROAD), TO THE TRAFFIC SIGNAL MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 5) WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1607, adopted August 20, 2008, declared its intention to add territory, Area TS-16 (White Lane, Buena Vista Road), to the Traffic Signal Maintenance District, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area TS-16 (White Lane, Buena Vista Road), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area TS-16 (White Lane, Buena Vista Road), to the Traffic Signal Maintenance District, Bakersfield, California," for Fiscal Year 2008-2009 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 property owner within the additional territory, Area TS-16 (White Lane, Buena Vista Road), 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 inclusion in the Traffic Signal Maintenance District. The owner also has submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the assessment. 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 adds territory, Area TS-16 (White Lane, Buena Vista Road) to the Consolidated Maintenance District and confirms and adopts the Public Works Directors Report, including the amounts of assessment for each assessed parcel. O4~pK~9~' -~ '~ m ~' r c~ O JRIGiNAL 3. Exhibits "A" and "B" describe the additional territory, Area TS-16 (White Lane, Buena Vista Road). 4. All parcels within this additional territory shall be 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. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D") and assessment roll (Exhibit "E") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2008-2009 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. ----------000---------- o~gAKF9~ s '` m ~" r U O Of~IGINAL 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 SEP 0 3 1008 , by the following vote: ~X~3' COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER BENHAM, WEIR COUCH, HANSON, SUL IC VAN, SCRIVNER APPROVED: SEP 0 3..2008 ~ . mG~ CITY CLERK and Ex Officio Clerk the Council of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: Attachments Exhibit "1 " Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" TS-16Est05.doc ~~t'FKF9 3 ~> s~ '-- o ORIGINAL IVIr1 T VR UI Lf IC lily/ UI DdKCf SIICIU City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA TS-16 Fiscal Year 2008-2009 Addition of territory, as shown in Exhibit "E" to the Traffic Signal Maintenance District is generally described as the SE corner of White Lane & Buena Vista Road or ATN 394-010-01-008 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 public park and public street medians and other public street landscaping. 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 any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Traffic Signal Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Traffic Signal Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is o`` ~ AKF9~ s >. EXHIBIT "1" ORIGINAL defined in Exhibit "C") per parcel. 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. However, parcels will not be assessed until park and/or street landscaping have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The area will consist of residential and non-residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, RAUL M. ROJAS, 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 2008-2009 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: `3 ii o Q. RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" ~p,AKf~9 o sue, ~, o ORIGINAL LEGAL DESCRIPTION Area TS-16 (White Lane, Buena Vista Road SE) An area located in Section 18, Township 30, Range 27 M.D.B. & M., more particularly described as follows: Parcel Map 11861 Bakersfield California Containing: 10.8 Acres, more or less. ~gAKF9 EXHIBIT "A~' ~m r o C)RIGINf~L MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA TS-16) AS A TRAFFIC SIGNAL DISTRICT BAKERSFIELD, CALIFORNIA _,.~_~ VIA VillaA ~. fiIWOLI Cfi .......... ~. I Y y# t'. .r -., ~ i ... _ -- i+ICaaAOA ~~ ~' `~ ... __ vl:fiAi_a nl: - a ............. . f w ~~ 5 y ~ ~~t^""` BAHIA Cfi ._........ ,.~. "{i ~.. ......._....... _ SUNSEY CANYON tDR ..__.......__._.___....... `s. T" ~' ~ l ~ ~ }- "~ ~_.__ CAM1N0 MAJORCA `",r -' ~'; ..,~ C! s 1 r ~ i ~~. f i ~ ~ <~ m 3 ~' ~. >~>~nAOA cr~( '~ ~ -~ ~ ~ ( ~ ,' 3 ~:. i~ i~ NOT TO SCALE ~ f o`` EXHIBIT AB~~ F.e: ts-,e s~r,w+ORI 'F9 ~~ m a INAL TRAFFIC SIGNAL MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated 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-OS 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. s o~~AKF9.~ EXHIBIT "~" ORIGINAL TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-16 Said assessment is made in accordance with the benefit formula attached hereto. 2008 - 2009 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) County Fees to Add Parcels to Tax Roll NET AMOUNT TO BE ASSESSED $0.00 $0.00 `~aKF~ EXHIBIT "~_` sm r- U p ORIGINAL TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-16 ASSESSMENT ROLL FISCAL YEAR 2008 - 2009 Assessor's Tax No. Total amount to be collected for FY (2008 - 2009) 394-010-01-008 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield P,AKF EXHIBIT "E~'` 9s~ m ~- r ;j O ~7RIGINAL