HomeMy WebLinkAboutRES NO 159-08RESOLUTION NO. 15 9 - 0 $
A RESOLUTION ADDING TERRITORY, AREA TS-17
(GALLOWAY, SEBECK NW), 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 4)
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1612, adopted August 20, 2008, declared its
intention to add territory, Area TS-17 (Calloway, Sebeck NW), 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-17 (Calloway, Sebeck NW), as shown
and designated on that certain map entitled "Map and Assessment Diagram for Addition
of Territory, Area TS-17 (Calloway, Sebeck NW), 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-17 (Calloway, Sebeck NW), 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-17 (Calloway, Sebeck NW)
to the Consolidated Maintenance District and confirms and adopts the Public Works
Directors Report, including the amounts of assessment for each assessed parcel.
s
o~~AKF9.n
y in
~ r
c.7 O
ORIGINAL
3. Exhibits "A" and "B" describe the additional territory, Area TS-17
(Calloway, Sebeck NW).
4. Alt 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----------
BAKE
o~ 9s~
>- rn
}-- r
v ~
ORIGINAL
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 2008 by the followin vote•
g
YES• COUNCILMEMBER CARSON, BENHAM, WEIR, COl7CH, HANSON, SULLIVAN, SCRIVNER
S: COUNCILMEMBER G1 D1~0
ABSTAIN: COUNCILMEMBER ~j,,~
ABSENT: COUNCILMEMBER 1/~1~-Q
Lam.` ~~
CITY CLERK and Ex OfFicio Clerk the
Council of the City of Bakersfield
APPROVED: SEP 0 3 2008
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
a. ~~-
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
TS-17Est05.doc
o``p,AKF9~
s
F-- m
r
ORIGINAL
IVIHI(VK or the c;rty of t~aKerstield
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA TS-17
Fiscal Year 2008-2009
Addition of territory, as shown in Exhibit "E" to the Traffic Signal
Maintenance District is generally described as the NW corner of Calloway Drive &
Sebeck Avenue or ATN 450-040-38-004 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
~gAKF9
EXHIBIT "1"° sm
F- r
t, O
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: ~ -tti ~3
.~~A ~ . ~~
RAUL M. ROJAS~
Director of Public Works
City of Bakersfield
o g AKF9
EXHIBIT "1" °~ srn
r
V O
ORIGINAL
LEGAL DESCRIPTION
Area TS-17 (Calloway, Sebeck NW)
An area located in Section 18, Township 30, Range 27 M.D.B. & M., more particularly
described as follows:
Parcel Map 11547
The Grove Shopping Center 3015 Calloway Bakersfield California
Containing: 4.84 Acres, more or less.
~~AKF9
EXHIBIT "!~~' `~
U O
ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDRION OF TERRITORY
(AREA TS-17) AS A
TRAFFIC SIGNAL DISTRICT
BAKERSFIELD, CALIFORNIA
1~~.~ '. ~~ i ~~ t`t 1.,~ Y
o ~ ..>~~-yrw`µ.'.
m ~,
M ~.. _ ~ t._ f' ~ 1
i- ("°COLpA~ CA _ ~ (~i6 NAitBOR GT .,
1 UO 3~ --i , i j i ~, ~.
`~.7 ~` ari' ~ . ~ _ I~L~., ~11~_-I}JL-_-llf_--IL
V
~.. ~ TAMPIGl,~ CT;, . ~ ............. ALKI CT ._._.~,
~ Z
Z
h ~ ,~ /°' Y
- ~_ _ ~/
Tt~1tLG1ANtLCT: ;CHESAW~C7~_ -;
gd
a3.~ ~..
$Af~Oti Ate T "` :t S~.M1BECK A1IE: ~ _ r
` ~ Sri ".
~ - _, .... ,;FLi3HINGt QUAII fiD
O
phi
~~
NOT TO SCALE
~gA ,
O
~--
EXHIBIT ~B oRi i~
rac: TS-t7 SMFET t a ~
c9
~~
rn
r
JAL
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-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.
L ~pAKF9
EXHIBIT "~' `~
o
ORIGINAL
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-17
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
~gAKF9
EXHIBIT '~1" `-^
~ m
r
v O
ORIGINAL
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-17
ASSESSMENT ROLL
FISCAL YEAR 2008 - 2009
Assessor's Tax No. Total amount to
be collected for
FY (2008 - 2009)
450-040-38-004 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT
o``gRKF9~
nEN- rn
v o
ORIGINAL