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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 OR ,z,, ,,,