HomeMy WebLinkAboutROI NO 1163RESOLUTION OF INTENTION NO. 1163
A RESOLUTION DECLARING INTENTION TO ESTABLISH
MAINTENANCE DISTRICT NO. TS-2, (NW PROMENADE)
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT,
THE BOUNDARIES OF THE PROPOSED DISTRICT, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE
AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL.
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
WHEREAS, the property owner has requested the City Council to establish a
maintenance district in accordance with the procedures established therefor by Chapter 13.04 of
Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director
recommends such formation; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to order
the establishment of a maintenance district, which district shall be designated Maintenance District
No. TS-2, (NW Promenade), generally described in Exhibit "A" attached hereto, to maintain and
operate the local improvements including a traffic signal; and
WHEREAS, the Public Works Director has on this date filed with the Clerk of said
Council his Report, attached hereto and incorporated herein by reference as Exhibit "1 ", containing
the following:
(a)
a description of property in the proposed maintenance district, attached
hereto as Exhibit "A" and incorporated as though fully set forth;
(b)
the improvements to be maintained by this district specifically are a traffic
signal within the boundaries as shown on Map and Assessment Diagram for
Traffic Signal Maintenance District No. TS-2, (NW Promenade), Exhibit
"B", on file in the offices of the City Clerk and Public Works Director of the
City. All such improvements will be constructed only after plans therefore
have been filed with and approved by the City Engineer;
(c) the Benefit Formula set forth as Exhibit "C";
(d) a Budget, Exhibit "D," containing the matters specified in Section 13.04.130
of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each parcel, attached hereto as
Exhibit "E" and incorporated as though fully set forth; and
WHEREAS, the City of Bakersfield has received a letter from the owner of the
property described as Parcels B, C, and D of Certificate of Compliance for Lot Line Adjustment No.
365 which waives any and all hearings (whether pursuant to the Brown Act, Proposition 218, its
enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the formation
of and assessments for a traffic signal maintenance district. The owner also waives all rights under
Proposition 218 to formally vote on the assessments and indicated his consent to the assessments
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.
2. The City Council hereby preliminarily adopts and approves the Public Works
Director's Report and declares that the territory within the boundaries so specified and described is
the district benefitting from said local improvements; that the expense of maintaining and operating
said improvements is hereby made assessable upon said district; and that the exterior boundaries of
said district are hereby specified and described to be as shown on that certain map now on file in the
Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director,
marked Exhibit "B", attached hereto and incorporated in this resolution as though fully set forth
herein, entitled "Map and Assessment Diagram tbr Traffic Signal Maintenance District No. TS-2,
Bakersfield, California," for Fiscal Year 1997-98, which map indicates by a boundary line the extent
of the territory included in said proposed district and shall govern for all details as to the extent of
the maintenance district.
3. The City Council hereby reserves the right to perform the work of maintenance
and operation of the public improvements by City forces, such determination and election to be
made for each year at the time the budget and assessment is approved for the year in question.
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Council
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
of the City of Bakersfield at a regular meeting thereof held on
0¢.T ~' 8 f39'? , by the following vote:
AYES: COL ~C~[ ME~.BER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: '
~STAhl. COU qC L~Ewc~a
~NT: C~NCI~EMBER
CITY CLERK and Ex Officio C1/6r~lfof the
Council of the City of BakersfieliSF
APPROVED OCT - 8 1997
BO
MAYOR of the/dEity of Bakersfield
APPROVED as to form:
of the City of Bakersfield
G:\PROJ~MS\MD\TRAFSIG\TS-2 ROI
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "g"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. TS-2
Fiscal Year 1997-1998
WHEREAS, on WEDNESDAY, September 24, 1997, the Council of the City of
Bakersfield adopted its Resolution of Intention No. 1163 to order the establishment of a
maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to
make and file a Report; and
WHEREAS, the Public Works Director filed with the City Clerk of the Council his
report, in writing, which Report is as follows:
Public Works Director's Report
City of Bakersfield, Maintenance District No. TS-2, is generally described as a district
bounded by Granite Falls Drive on the north, Coffee Road on the east, Rosedale Highway on the
south, and Main Plaza Drive 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 maintaining and operating a traffic signal located on Rosedale Highway
at the main entrance to the Northwest Promenade shopping center approximately mid way between
Coffee Road and Main Plaza Drive. 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, energy costs, 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 traffic 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.
EXHIBIT "1"
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 will be operated and maintained under the proposed maintenance
district will benefit the parcels within the Northwest Promenade shopping center, Parcels "B", "C"
and "D" of Certificate of Compliance for Lot Line Adjustment No. 365. Each parcel will be 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
estimated annual cost for maintenance and operation of the traffic signal is $4,000 to $6,000. All
parcels within this district will have a zero assessment for the 1997-98 fiscal year. Any costs incurred
in the 1997-98 fiscal year will be carded over to the 1998-99 fiscal year.
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-2, subject to be assessed to pay the cost of
maintenance and operation in said district.
Dated: OCT 8 1997
Director of Public Works
City of Bakersfield
G:~PRO JhMSXlVID\TRAFSIG\TS-2ROI
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MAINTENANCE DISTRICT TS-2
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of Caiifornia, being a
portion of Section 20, T 29 S, R 27 E, M.D.B. & M., and more particularly described as follows:
Beginning at the southeast comer of said Section 20, being the intersection of the centerline
of Coffee Road and a line 25 feet south of and parallel to the centerline of Rosedale Highway;
TItENCE (1) North 89° 08' 13" West along the south line of said Section 20, also being a
line 25 feet south of and parallel to the centerline of Rosedale Highway, a distance of 2644.50
feet, more or less, to the south 1/4 comer of said Section 20, and the southerly prolongation
of the centerline of Main Plaza Drive;
THENCE (2) North 00° 27' 02" East along the centerline of Main Plaza Drive and southerly
prolongation thereof, a distance of 1239.21 feet to the intersection of the centerline of Granite
Falls Drive;
TIIENCE (3) South 89° 32' 58" East, along the centerline of Granite Falls Drive, a distance
of 494.27 feet to the beginning of a tangent curve concave to the north, having a radius of
1000.00 feet, from which radial point bears North 00° 27' 02" East;
THENCE (4) Easterly along said curve through a central angle of 11 ° 07' 38", an arc
distance of 194.21 feet;
THENCE (5) North 79° 19' 24" East, a distance of 672.97 feet, to the beginning of a
tangent curve concave to the south with a radius of 1000.00 feet, from which radial point
bears South 10° 40' 36" East;
THENCE (6) Easterly along said curve through a central angle of 24° 35' 53", an arc
distance of 429.32 feet;
THENCE (7) South 76° 04' 43" East, a distance of 442.64 feet, to the beginning of a tangent
curve, concave to the north with radius of 1000.00 feet, from which radial point bears North
13° 55' 17" East;
THENCE (8) Easterly along said curve through a central angle of 18° 43' 11", an arc
distance of 326.72;
EXHIBIT "A"
THENCE (9) North 85° 12' 06" East, a distance of 116.21 feet, to intersect the east line of
said Section 20;
THENCE (10) South 00° 26' 11" West along said east line, a distance of 1282.41 feet to the
TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM the following parcel:
Commencing at the southeast comer of said Section 20, being the intersection of the
centerline of Coffee Road and a line 25 feet south of and parallel to the centerline of Rosedale
Highway; thence North 00 ° 26' 11" East, along the centerline of Coffee Road, a distance of
80 feet to intersect the north right-of-way line of Rosedale Highway; thence North 89° 08'
13" West, along said north right-of-way line, a distance of 1331.50 feet, to the southwest
comer of Parcel C of Certificate of Compliance for Lot Line Adjustment No. 365, and the
TRUE POINT OF BEGINNING.
THENCE (1) Continuing along the north right-of-way line of Rosedale Highway North 89°
08' 13" West, a distance of 435.00;
THENCE (2) North 00° 47' 47" East, a distance of 1177.40 feet;
THENCE (3) North 82° 25' 47" East, a distance of 327.20 feet;
THENCE (4) North 79° 26' 17" East, a distance of 223.59 feet;
THENCE (5) South 28° 20' 17" West, a distance of 233.40 feet;
THENCE (6) South 00° 47' 47" West, a distance of 1062.60 feet, to the TRUE POINT OF
BEGINNING.
G~PROJgMS~vlDkLEGALS~LEGALTS 2
2
MAP AND ASSESSMENT DIAGRAM
FOR
TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-2
(Northwest Promen-de)
I~AKP, RSFI~LD, CALIF'O RNIA
NO7 A ~
ADJUSTED
PARCEL C
HIOHWAY
EXHIBIT
MAINTENANCE DISTRICT TS-2
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed a peromtage of the total operating and maintenance cost proportional to the trips
generated by that parcel, adjusted for prior year fund balance or defiait.
The amount to be assessed to each parcel is calculated as follows:
(1) Calculate the total number of trips generated by each building using the City Average Daily Trips
(ADT) rates.
(2) Add the total number of trips (1) of all buildings in each parcel.
(3) Add the total number of trips (2) of all buildings in all parcels.
(4) Divide the total number of trips of each parcel (2) by the total number of trips in all parcels (3). This
is the proportionate share of the total assessment for each parcel.
(5) Multiply the result of (4) times the total cost of the district for each parcel. This is the amount to be
assessed to each parcel.
Assessment an~ants 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. None of the parcels were assessed for the 1997-98 fiscal year since the signals
were not in operation. Any costs incurred in the 1997-98 fiscal year will be carried over to 1998-99.
G:PROJIMSh~ID~FORMULAhMDTS-2
EXHIBIT "C"
EXHIBIT "D"
MAINTENANCE DISTRICT NO. TS-2
NORTHWEST PROMENADE
SAID ASSESSMENT IS MADE IN ACCORDAJ~ICE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1997 - 1998
BUDGET
Gross Budget Amount Required
(City Staff Servic~ or Contract,
Supplies, MateriaJs. UtJl'~ies.
ar~ Overhead Co~ts)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$0.00[
P:'~IAINDIS'~EXHIBITS\TS- 2D,WK1
JAS
EXHIBIT 'D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-2
NORTHWEST PROMENADE
FISCAL YEAR 1997 - 1998
Assessment Parcel No.
as shown on Map Total
Exhibit "B" Assessment
451-120-16 $0.00
451-160-04 $0.00
451-160-05 $0.00
Total
Date:
$0.00
City Clerk and Ex Offbib Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
) SS.
COUNTY OF KERN )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 9th day of October, 1997 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention 1163, passed by the
Bakersfield City Council at a meeting held on the 8th day of October, 1997, and entitled:
Resolution declaring intention to establish Maintenance District No.
TS-2, (NW Promenade) preliminarily adopting, confirming and
approving the public works Director's Report, the boundaries of the
proposed district, the fairness of the benefit formula, and the amount
of assessment to be levied against each parcel.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield