HomeMy WebLinkAboutRES NO 171-97RESOLUTION NO. 1 7 1 ' 9 ?
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. TS-2 (NW PROMENADE), CONFIRMING
THE ASSESSMENT AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1163, adopted October 8, 1997, declared its intention
to order the establishment of a maintenance district, preliminarily adopted, confirmed and
approved the Public Works Director's Report, the boundaries of the proposed district, the fairness
of the benefit formula, the amount of assessment to be levied against each parcel and the
reservation of right to perform work by City forces or private contractor. Said District shall be
designated Maintenance District No. TS-2 (NW Promenade), as shown and designated on that
certain map entitled Map and Assessment Diagram for Traffic Signal Maintenance District No.
TS-2, Bakersfield, California, 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 Maintenance District No. TS-2 (NW Promenade), which waives all rights to a public
hearing and to a protest hearing as required by the Brown Act, Chapter 13.04 of the Bakersfield
Municipal Code, Proposition 218 and its enabling legislation; and
WHEREAS, on September 28, 1994 the City Council approved Resolution 161-94
which provides for the collection of maintenance and operating costs for future "convenience"
traffic signals through maintenance districts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The Council hereby establishes Maintenance District No. TS-2 (NW
Promenade), and confirms and adopts 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, as set forth in the Public Works Director's Report.
3. Exhibits "A" and "B" attached hereto and incorporated herein by reference
describe Maintenance District No. TS-2 (NW Promenade).
ORIGINAL
4. The assessment for Maintenance District No. TS-2 (NW Promenade), shall be
the total sum of $0.00 for the 1997-98 fiscal year. The benefit formula (Exhibit "C"), the budget
(Exhibit "D"), and the assessment roll (Exhibit "E") are attached hereto and incorporated herein
by reference.
5. The Kern County Tax Collector is hereby authorized to collect assessments for
Maintenance District TS-2 (NW Promenade).
6. Beginning in the 1998-99 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.
8. The establishment of this maintenance district complies with Proposition 218.
ORIGINAL
I 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 N0¥ 5 1897
by the following vote:
A, Eo. CO JNCk.,~4,.,,~SER DeMOND, CARSON, $~.!~TH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
APPROVED:
BOB PRICE c~
MAYOR of the City of Bakersfield
CITY CLERK and Ex Offic'~lerk
Council of the City of Bakersfield
of the
APPROVED as to form:
K./SKOVSEN
/CITY A~TTORNEY of the City of Bakersfield
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. TS-2 (NW Promenade)
Fiscal Year 1997-1998
WHEREAS, on WEDNESDAY, October 8, 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 (NW Promenade), 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 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 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, cost of energy, supervision and any
and all other items necessary for the proper maintenance and operation thereof.
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 mainatined under this maintenance district
benefits 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 carried 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 (NW Promenade), subject to be assessed to pay
the cost of maintenance and operation in said district.
Dated:
RAULM'70~JAS
Director of Public Works
City of Bakersfield
S:\PROJ\MD\TRAFSIG\TS-2RE97
MAINTENANCE DISTRICT TS-2
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California, 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;
THENCE (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;
THENCE (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, fi'om 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"
3_
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 o
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" least, 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.
S\PROJ\MD\LEGALS\LEGALTS2
2
MAP AND ASSESSMENT DIAGRAM
FOR
TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-2
(Northwest Promenade)
BAKERSFIELD, C ~\LIFORXIA
EXHIBIT
MAINTENANCE DISTRICT TS-2
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, adjusted for prior year fund balance or deficit.
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 amounts could vaxy 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 cest 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.
EXHIBIT "C"
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. TS-2
NORTHWEST PROMENADE
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1997 - 1998
BUDGET
Gross Budget Amount Required
(City Staff Sen~ice~ cx Co4~ract.
Supplies, Materials, U~'li~s,
a~l Ov~head Co~ts)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$o.ooi
p:~AIND IS'T~EXHI BITS\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
451-120-16 $0.00
451-160-04 $0.00
451-160-05 $0,00
Total
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakeinfield
EXHIBIT 'E'
Recording requested by
andfor the benefit of
the CityofBakersfield.
When recorded mailto:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Parcels B, C and D of Certificate of Compliance for Lot Line Adju~nent 365.
COVENANT DISCLOSING INCLUSION IN MAINIENANCE DISTRICT
AND WAIVER OF PROPOSITION 218 PROCEDURES
THIS COVENANT is executed on this __ day of ,199_
by Hopper P~werdes. L.P., (hereinafter, "Owner"), in connection with Maintenance District TS-2, located in
the City of Bakersfield, Califorma.
The real property herein described is lo~t~l within Maintenance District TS-2 and may be
as_ :_~d for maimmance of a traffic signal within the district. The undersigned owner/developer further agrees
and covenants that it waives all rights, present and future, under Proposition 218 to proteat its inclusion in the
1Muint~mnce District or the rates and method of assessment.
Assessments will be based on the mount of traffic generated by each parcel using the
si~li?od intersection.
This covenant may not be mended or modified without the prior approval of the City of
Bakersfield. This covenant shall run with the land.
Dated this __ day of
Owner(s)/Developer(s):
Hopper Properties, L.P.
,199
City of Bakersfield:
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
GBPRO 18T~gOVENAN'I~2OV-T8