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HomeMy WebLinkAboutRES NO 118-10RESOLUTION NO. 118- 1 0 A RESOLUTION FORMING A TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE DESIGNATED AS TS-21 (STOCKDALE, ALLEN SE & NE) , 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 4) WHEREAS, the Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No, 1774 declared its intention to form a Traffic Maintenance Signal District (TMSD), preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed 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-21 , as shown and designated on that certain map entitled "Map and Assessment Diagram for the formation of TS-21 (Stockdale, Allen SE & NE), to the Traffic Signal District, Bakersfield, California," for this fiscal year 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 proposed maintenance district which waves 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 the inclusion in a TSMD. The owner(s) have also submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating their consent to the assessment; and NOW THEREFORE, BE IT RESOLVED by the 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 Council hereby forms a TSMD designated as TS-21 and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the new TSMD, S:\ PROJECTS\ MAINDIST\ Formation Documents\TS -21 \ Res est TSMD.docx e4 ~AK~~J' 4. All parcels within this maintenance district 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 said improvements have been installed. When said improvements have been completed, the appropriate assessment 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 2010-2011 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 S:\ PROJECTS\ MAINDIST\ Formation Documents\ TS-21 \ Res est TSMD.docx 2 rlptl;IAt"~ 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 OCT 13 2010 , by the following vote: ✓ ✓ / ✓ ✓ ✓ ✓ VE COUNCILMEMBER CARSON, BENHA WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER in DN9~ ROBERTA GAFFORD, qyt CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: OCT 13 2010 HARVEY L. HALL MAYOR of the City of Bakersfiel APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney B: J HUA RUDNICK eputy City Attorney Attachments: Exhibit "1 " Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" S: \PROJECTS\ MAI NDIST \Formation Documents\TS -21 \Res est TSMD.docx 3 o``$AKF9.,, ~ C; City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED AS TS-21 (Stockdale, Allen SE & NE) Fiscal Year 2010 - 2011 Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is generally described as 12702, 12225, and 12775 Stockdale Highway 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 any 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- Riverside-Orange County/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, 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 2010-2011 Budget and Assessment Roll as set forth in Exhibit "E" and Exhibit "F," 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 V/k~ RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 1IgAKF9 O r- riRiG41NA1 C; LEGAL DESCRIPTION Area TS-21 An area located in Section 1, Township 30, Range 26 M.D.B. & M., more particularly described as follows: Parcel Map 11192, 10535 Lots 1 and 2 12702, 12225, 12775 Stockdale Hwy Bakersfield California Containing: 96.85 Acres, more or less. gPKF EXHIBIT C , GRIGINN MAP AND ASSESSMENT DIAGRAM FORM A (AREA TS - 21) AS A TRAFFIC SIGNAL MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ANSIMEONAYE--r-- j~~~~ i~.\~•;,y", 'ti''~`....~ -..S' pr,"~ ,.4r,~r'1tti.X- ~...t . .~t ~ ~ ~ i' 't` ,p..,pd~'~`i~ fl t ~Mrp'(,f ~ y Y-~ \ . a "k Y. {I,p, Y./~ ,x``+14• ~y?. ht¢ f.'`~.="`I ~Y'N[~~~.` 1= oft tr, •r~t`'''~\.y;:-''~"''~~`;~..~• tiC~-f,~ •~4; .,Cy ,,:,::ti C,.. .+~,1~,: ti l,. ~t, • ~ jo EXAM A"AVVE-1-111 ml ~ VII CT`" j Iy LYRETT WAY TS MD 21 E H H-1 1" . JOELLE CT JJJ 4~ -NmO Hill ARV WAY f AMAR WAY-~ r-"~.~ r."~~ t1, I J ~ -ate`` y.~• ti r1 IDA CT 44 t5 } t NOT TO SCALE EXHIBI s7 C IrI1VAI. FU: rs -si . CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles-Riverside-Orange County / All Urban Consumers Consumer Price Index," Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy, Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) 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. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot, 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. EXHIBIT "G~,~, m %7 ~ A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1, Bakersfield Municipal code 13.04,021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right- of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy, EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per aross acre R-1 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E 4.36 R-S 1.82 R-S-1 A 1 R-S-2.5A 0.4 R-S-5A 0.2 R-S-1 OA 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre okgAKFy EXHIBIT: m :a c ')RICINA! TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-21 Said assessment is made in accordance with the benefit formula attached hereto. 2010-2011 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 90 P,K~ EXHIBIT "b" ~1.~ ~'IRICiNA! TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-21 ASSESSMENT ROLL FISCAL YEAR 2010-2011 Assessor's Tax No, Total amount to be collected for FY (2010-2011) 500-370-49 $0.00 500-370-51 $0.00 500-780-01 $0.00 500-780-02 $0.00 500-780-03 $0.00 500-780-04 $0.00 500-370-10 $0.00 500-370-11 $0.00 Total $0.00 Date; City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield voMk EXHIBIT'" 9YI frr r O ')RIG1