HomeMy WebLinkAboutRES NO 117-97RESOLUTION NO. 1 1 7 - 9 7
A RESOLUTION ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT
AND THE AMOUNT OF ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL FOR TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-1 (MARKETPLACE).
WHEREAS, chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and operating any public
improvements which are local in nature, from annual benefit assessments apportioned among the
several lots or parcels of property within the maintenance district established therefor; and
WltEREAS, on January 22, 1997 the City Council approved Resolution 9-97 which
established Maintenance District No. TS-1 (Marketplace), to provide for the maintenance and
operation of a "convenience" traffic signal at the entrance to The Marketplace shopping center on
Ming Avenue between Haggin Oaks Boulevard and Scarlet Oak Boulevard; and
WHEREAS, the Public Works Director, as required by Resolution 9-97, duly filed
with the City Clerk his Annual Report, including a budgc~, 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 Maintenance District No. TS-1 (Marketplace), which waives all rights to a testimony hearing
and to a protest heating as required by the Brown Act, Streets and Highway Code and Chapter 13.04
of the Bakersfield Municipal Code.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
The City Council hereby adopts, confirms and approves the Public Works
Director's Report (attached hereto as Exhibit "1" and incorporated herein by
reference) including the amounts of assessment for each assessed parcel.
Exhibits "A" and "B", attached hereto and incorporated herein by reference
describe Maintenance District No. TS-1 (Marketplace).
The benefit formula, Exhibit "C", budget, Exhibit "D", and assessment roll,
Exhibit "E", for Maintenance District No. TS-1 (Marketplace) are attached
hereto and incorporated herein by reference.
ORIGINAL
The Public Works Director is hereby directed to file assessments with the
Kern County Tax Collector and the Kern County Tax Collector is hereby
authorized to collect such assessments. The City Council hereby declares that
these assessments are exempt from the provisions of Article XIIID of the
California Constitution on the grounds that the district was formed prior to
July 1, 1997 and on the further grounds that the assessment rates and
methodology of assessment have not changed from the prior fiscal year.
The sole property owner (Castle & Cooke Commercial-CA, Inc.) has signed
a covenant, running with the land, waiving all protest rights under Prop. 218.
I HEREBY CERTIFY that the foregoing Resolution was p.assed and adopted by the
Council of the City of Bakersfield at a regular meeting there of held on ,~lJ/ ! ~ 1~7 , by the
following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ASSENT: COUNCILMEMBER
APPROVED JUL} 1 6 1~7
MAYOR of the City of Bakersfield
Council of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN /J /
CITY ATTORNEY of the City of Bakersfield
G~PROJ~MARIAN~MD\TRAFS I G\TS- 1 RS97
Attachments: Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
OP, tGiNAL
MAINTENANCE DISTRICT TS-1
LEGAL DESCRIPTION
A parcel of land situa[ed an 5he City of Bakersfield, County of
Kern, State of California, being a portion of Sections 5 and 8,
T 30 S, R 27 E, M.D.B. & M., and more particularly described as
follows:
Beginning a the intersection of centerlines of Ming Avenue and
Haggin Oaks Boulevard;
THENCE (1) South 00° 52' 31" West along the centerline of
Haggin Oaks Boulevard, a distance of 70.11 feet, to intersect
the easterly prolongation of the south right-of-way line of
Ming Avenue;
THENCE (2) North 89° 10' 32" West along the south right-of-way
line of Ming Avenue and easterly 9rolongation thereof, a
distance of 261.00 feet;
THENCE (3) Continuing along said south right-of-way line North
84° 21' 45" West, a distance of 120.55 feet;
THENCE {4) North 89° 10' 32" West, a distance of 1119.00 feet,
to intersect'the centerline of Scarlet Oak Boulevard;
THENCE (5) North 00° 49' 44" East along the centerline of
Scarlet Oak Boulevard, a distance of 1199.53 feet to intersect
the centerline of Camino Media;
THENCE (6) South 89° 11' 24" East along the centerline of
Camino Media, a distance of 1500.05 feet, to intersect the
centerline of Haggin Oaks Boulevard;
THENCE (7) South 00° 49' 20" West along the centerline of
Haggin Oaks Boulevard, a distance of 1139.91 feet to the TRUE
POINT OF BEGINNING.
EXHIBIT
ORIGINAL
PUBLIC WORKS DIRECTOR'S REPORT
FOR THE TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-1 (MARKETPLACE)
City of Bakersfield
Fiscal Year 1997-1998
City of Bakersfield, Maintenance District No. TS-1 (Marketplace), is generally
described as a district bounded by Camino Media on the north, Haggin Oaks Boulevard on the east,
Ming Avenue on the south, and Scarlet Oak Boulevard 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 malntalning and operating a traftle signal located on Ming Avenue at the
main entrance to The Marketplace shopping center approximately mid way between Haggin Oaks
Boulevard and Scarlet Oak Boulevard. The assessment includes, the cost to operate, maintain, repair
and replace signal poles, mast arms, signal heads, controller, cabinet, machine vision detection system,
street light luminaires, conduits, wires and pull boxes, cost of energy, supervision and any and all
other items necessary for the proper maintenance and operation thereo£
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 tra~c flow, but are installed solely at the discretion of the developer of
a commercial site. 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 signal that is operated and maintained under this maintenance district
benefits the parcels within The Marketplace shopping center, parcels 1-9 of Parcel Map 10291. Each
parcel is assessed on a trip generation basis throughout the district. The Benefit Formula is set forth
herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth
herein. The traffic signal became operational in November 1996. None of the parcels within this
district were assessed in fiscal year 1996-97. All costs incurred in the 1996-97 fiscal year will be
carried over to the 1997-98 fiscal year.
EXHIBIT "1"
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 1997-98 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 Maintenance District No. TS-1 (Marketplace), subject to be assessed to pay the
cost of maintenance and operation in said district.
Dated: JUL ! 6 1997
Director of Public Works
City of Bakersfield
13:~PROSXM ARIAN~MD\TRAFSIO\TS- 1 PW97
ORIGINAL
AND ASSESSMENT D[ 1AM j
FOR
MAINTENANCE DISTRICT NO. TS-1
BAKERSFIELD. CALIFORNIA
MAINTENANCE DISTRICT TS-1
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed a percentage of the total operating and maintenance costs proportional to the trips
generated by that parcel using the signalized intersection, adjusted for prior year fund balance or deficit.
The Manketplace shopping center is divided into 5 zones (see next page). The percentage of trips of each zone
using the signalized intersection is shown below:
Zone 1 20%
Zone 2 50%
Zone 3 25%
Zone 4 60%
Zone 5 45%
These figures are from The Marke(place Traffc Impact Study Report Bakersfield, California,
by Robert Kahn, John Kain & Associates, Inc, November 10, 1995.
The amount to be assessed to each parcel is ealealated as follows:
(1) Calculate the total number of trips generated by each building using the City Average Daily Trips
(ADT) rates.
Multiply the number of trips of each building by the percentage of the zone shown above.
Add the total number of trips (2) of all buildings in each parcel.
Add the total number of trips (2) of all buildings in all zones.
Divide the total number of trips of each parcel (3) by the total number of trips in all zones (4). This
is the proportionate share of the total assessment for each parcel.
Multiply the result of (5) times the total cost of the district for each parcel. This is the amount to be
assessed to each parcel.
(2)
(3)
(4)
(5)
(6)
EXHIBIT "C"
Page 1 of 3
OR Gi ,~AL
PROJECT ZONE MAP
THE MA..RKETPL.A. CE.
Bakersfield, Cahforma
LEGEND:
~ =' ZONE BOUNDARY
(~ = ZONE NUMBER
EXHIBIT "C"
Page 2 of 3
O,-q!Gli,IAL
The estimated armual maintenance cost to each parcel based on trip generation figures from The Marketplace
Traffic Impact Study Report Bakersfield, California, by Robert Kahn, John Kain & Associates, Inc, November
10, 1995, ranges from $54 to $3318 as shown below. However, these amounts could vary substantially during
the initial development of the shopping center. Since only the developed parcels will generate traffic using the
signalized intersection, those parcels will be responsible for the entire cost of the district.
Since nene of the parcels were assessed for the 1996-97 fiscal year and since the signals were put into operation
in late 1996, the 1996-97 costs have been carried over to the 1997-98 fiscal year.
Also, assessments may vary if the parcels are developed other than what is shown in the above mentioned
report. Actual 1997/98 assessments are shown on Exhibit "E".
Estimated annual assessments:
Parcel Map 10291, Parcel
1 $306
2 $222
3 $144
4 $390
5 $840
6 $66O
7 $66
8 $54
9 $3,318
EXHIBIT "C"
Page 3 of 3
ORIGINAL
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. TS-1
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1997 - 1998
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract,
Supplies, Materisis, Utilities,
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: Cib/Contribution
NET AMOUNT TO BE ASSESSED
$2,600.00
($1,560.00)
I $4,mo.ool
JAS
EXHIBIT "D"
OF~iG~NA[
Page1
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-1
FISCAL YEAR 1 997 - 1998
Assessment Parcel No.
as shown on Map Total
Exhibit "B" Assessment
390-010-63 $52.00
390-010-64 $52.00
390-010-65 $52.00
390-010-66 $0.00
390-010-67 $374.00
390-010-68 $0.00
390-010-69 $0.00
390-010-70 $0.00
390-010-71 $3,630.00
Total
Date:
$4,160.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E" ]~ -~
ORiGiN^L
Tak Fuiii
Castle & Cooke
CALIFORNIA, INC.
June 17, 1997
Marian P. Shaw
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Traffic Signal Maintenance District
TS-1 (Marketplace)
Dear Marian:
Please be advised, as the sole owner of Parcels 1 and 4-9 of Parcel Map
10291, and Parcels A of Parcel Map Waiver P97-0076, Castle & Cooke
Commercial-CA, Inc., hereby waives the right to a testimony hearing and
protest hearing for the 1997/98 assessments for the subject
maintenance district.
Sincerely,
~ L III - LL
Tak Fujii
Vice President, Construction
JUN 1 9 1997
ENGINEERING DEPT.
10000 Ming Avenue (93311) · P.O. Box 11165 · Bakersfield, CA 93389-1165 ,, (805)664-6559 o Fax (805)664~042
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