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,
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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.
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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
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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"
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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.
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EXHIBIT C ,
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MAP AND ASSESSMENT DIAGRAM
FORM A (AREA TS - 21) AS A TRAFFIC
SIGNAL MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE EXHIBI s7 C
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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~,~,
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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
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EXHIBIT: m
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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.~
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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
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EXHIBIT'" 9YI
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