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Home My WebLink AboutROI NO 1435 RESOLUTION OF INTENTION NO. 1435 A RESOLUTION DECLARING INTENTION TO ESTABLISH TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-13, (PANAMA AND STINE SHOPPING CENTER) 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 therefore; and WHEREAS, the owner has requested one traffic signal on Panama Lane at approximately 500 feet west of Stine Road at the entrance to his proposed development; and WHEREAS, said traffic signal is not required by the Traffic Authority and is therefore considered a "convenience" traffic signal; and WHEREAS, City Council Resolution No, 161-94 provides for the collection of maintenance and operating costs for "convenience" traffic signals, to be paid for by properties benefiting from such signals, through maintenance districts; and WHEREAS, the owner has requested the City Council to establish a maintenance district in accordance with the procedures established therefore 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-13, (Panama and Stine Shopping Center), generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including the 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; -1- ~M~-9 ~ ~ >- iTl I-- r Õ <:; ORIGINAl _.,. .,._,_...__."_.~.. ,~_ .~___."_~... - ""_'_'__'__' U' _~^'~"'__"~"_'_'__'_'_"".____ (b) the improvements to be maintained by this district specifically the traffic signal adjacent to the property within the boundaries as shown on Map and Assessment Diagram for Traffic Signal Maintenance District No, TS-13 (Panama and Stine Shopping Center), 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 "0," containing the matters specified in Section 13,04,120 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each parcel (not to exceed $3,000 per signal per year), 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 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 has submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating 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 benefiting 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 for Traffic Signal Maintenance District No, TS-13, (Panama and Stine Shopping Center) Bakersfield, California," for Fiscal Year 2005-2006, 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, -2- ",ME" ~ '7,,, () v~ >- '?r >- r Õ c 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 MAR 8 zou6 , by the following vote: ~ ABSTAIN: ABSENT: ~/v I./~...-/./ COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Council of the City of Bakersf MAR 8 2006 APPROVED HARVE L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINA GENNARO City Attorney By: ~?l1< ~ v TS-13_ ROI JY05-06.doc Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" -3- ~ ~Mft9 () ~. >- - ,... m _ r o C:: ORIGINAl _' '_".__ .'_. ____..,_..._____. ·._____~_·_·M__··_ City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS·13 (PANAMA AND STINE SHOPPING CENTER) Fiscal Year 2005-2006 City of Bakersfield, Maintenance District No, TS-13 (Panama and Stine Shopping Center), is generally described as a district bounded by Seasons Drive on the north, Stine Road on the east, Farmers Canal on the west and Panama Lane on the south, 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 one traffic signal located on Panama Lane at approximately 500 feet west of Stine Road at the entrance to the shopping center. The assessment includes the cost to operate, maintain, repair and replace signal poles, mast arms, signal heads, controllers, cabinets, machine vision detection systems, street light luminaires, conduits, wires and pull boxes, energy costs, 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. 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 will be operated and maintained under the proposed maintenance district will benefit the shopping center at the northwest corner of Panama Lane Stine Road, Each parcel will be assessed a proportional share of the cost of maintaining and operating the traffic signals, The benefit formula is set forth herein as -1- EXHIBIT "1" '< '6AK£,-}> () f~\ 0>- r- {!: Õ t: f)RIGINAI' 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 each traffic signal shall not exceed $3,000, All parcels within this district will have a zero assessment for the 2005-2006 fiscal year. Any costs incurred in the 2005-2006 fiscal year will be carried over to the 2006-2007 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 2005-2006 Budget and Assessment Roll as set forth in Exhibit "0" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within Maintenance District No, TS-13, (Panama and Stine Shopping Center), subject to be assessed to pay the cost of maintenance and operation in said district. Dated: '2/2 '3/1:> \ô ^ RAUL'M. ROJAS Director of Public Works City of Bakersfield TS-13_ROI_FY05-06.doc EXHIBIT "1" -2- 'òMt"'Ý J ~ >- - >- m _ t"- o C) ORIGINAl ---..------.--- -._------------ . "- --- ---'--"--'~" .-------.----. MAINTENANCE DISTRICT TS-13 LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 22, T 30 S, R 27 E, M,D,B, & M" and more particularly described as follows: Beginning at the southeast corner of said Section 22, said point being the intersection of the centerlines of Panama Lane and Stine Road, said point also being the TRUE POINT OF BEGINNING; THENCE (1) North 89° 05' 36" West along the south line of said Section 22, also being the centerline of Panama Lane, a distance of 635.45 feet, more or less, to a point on the northerly right-of-way of the Arvin-Edison Canal; THENCE (2) North 31° 22' 40" West, along said northerly right-of-way, a distance of 114,13 feet, more or less, to a point on a tangent curve, concave southerly, with a radius of 330.00 feet; THENCE (3) continuing along said northerly right-of-way, northwesterly along said curve, through a central angle of 63° 56' 53", an arc length of 368,31 feet, more or less, to a point on a non-tangent curve, concave westerly, with a radius of 955.00 feet and a radial bearing of North 58° 01' 27" West, said point also being on the easterly right-of-way of the Farmers Canal; THENCE (4) along said easterly right-of-way, northeasterly along said curve, through a central angle of 27" 59' 36", an arc length of 466,59 feet; THENCE (5) North 03° 58' 57" East, continuing along said easterly right-of-way, a distance of 258,51, more or less, to a point on a non-tangent curve, concave southerly, with a radius of 500,00 feet and a radial bearing of South 00° 57' 24" West, said point also being on the centerline of Seasons Drive; THENCE (6) along the centerline of Seasons Drive, easterly along said curve, through a central angle of 10° 11' 20", an arc length of 88,92 feet; THENCE (7) South 78° 51' 16" East, continuing along said centerline, a distance of 214,16 feet to a point on a tangent curve, concave northerly, with a radius of 500,00 feet; THENCE (8) continuing along said centerline, easterly along said curve, through a central angle of 10° 32' 05", an arc length of 91,93 feet; THENCE (9) South 89° 23' 21" East, continuing along said centerline, a distance 1 EXHIBIT "13-A" ~ ,¢Mf1' a ~ >- m '::: r- o ~ ORIGINAL of 466.45 feet, more or less, to a point of intersection with the centerline of Stine Road; THENCE (10) South 00° 36' 39" West, along the centerline of Stine Road, a distance of 896.45 feet, more or less, to the southeast corner of said Section 22 and the TRUE POINT OF BEGINNING, TS-13_Legal.doc 2 ~ ~Mt1 () <.J' EXHIBIT "13-A" >-- ':! >- m - ,- o t' ORIGINAl -..-.---"------ ._-- -.~... .'-~ .-.-"- .--- -----,....--.-....- MAP AND ASSESSMENT DIAGRAM FOR TRAFFIC SIGNAL MAINTENANCE DISTRICT TS 13 (PANAMA AND STlNE SHOPPING CENTER) BAKERSFIELD, CALIFORNIA l ~ ~ jI¡ å 1..1 ;; :Ii N ~ z ß N o CUlM CI C2 C3 C4 .....us 330.00' 955.00' 500.00' 500.00' \\ FILED IN THE OFACE OF THE CITY CLERI( nus _ DAY Of 20---, . .~ , ~ ::><ii ~ CITY a.ERK Cf' THE CITY Of BAKERSF1D.D, CAUFORNIA AN ASSESSMENT WAS LE'YIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS Of LAND SHO~ ON THIS ASSESSWENT DlAGR...... SAID ASSESSMENT WAS I..E\1ED ON THE _ DAY OF 20-, SAID ASSESSMENT DlAGR..... AND THE ASSESSMENT ROLL WERE RECORDED IN THE OffICE OF THE OEPARTMENT OF PUBLIC WORKS Of SAID CITY ON THE _ DAY Of 20---, REFERENCE IS WADE TO THE ASSESSMENT Rot.L RECORDED IN THE OffICE Of THE DEPAAlUENT Of PUBlIC WORKS FOR THE EXACT AMOUNT Of EACH ASSESSWENT LE\1ED AGAINST EACH PARCEl Of LAND SHOWN ON THIS ASSESSWENT CI...GR...... ~ N SUi 8~ /x !J ~ E /" ð8 6' o. k~ g~ m< /. <ii"'- CITY a..ERK OF THE CITY Of BAKERSFIELD. CAUFORNIA 0~ M L£NG11i 368.31' 466.59' 88.92' 91.93' DELTA 63"56'53" 2759'36- 10"11'20· 10"32'05" SEASONS D'IIE' . . j e. § z ; I ~ .. æ TANGENT 206.00 238.05 ".56 46.10 . ~ II! 8 ~ ~ ~ ~ N 89'05'36- W 635.45 C£ PA/IIoW4 I..AJE \ SE COR. SEC. 22. TJOS, R27E T.p.a.B. I FILED FOR RECORD THIS _ DAY OF 20...... AT _ --,M., IN BOOI( _ Of ASSESSMENT DISTRICTS AT PAGE _ IN THE OFFICE OF THE COUNTY REcœDER OF THE COUNTY OF KERN, STATE OF' CAUfORNIA. .JA"'F~ W f1TCH COUNTY ASSESSOR-RECORDER BY CHIEF OEPUTY RECOROER RECOROED IN THE ŒflCE Of THE DEPARTMENT OF PUBLIC WORKS THIS _ DAY or 2D_ DIRECTOR Of PUBUC 'M)Rj(S BAlŒRSFlElD, CALIfORNIA x 'Öf:.Kc1 () <i' EXHiBIt "B" Fll£: TS-13 () ~I TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-13 (Panama and Stine Shopping Center) CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel shall be assessed a percentage of the total operating and maintenance cost 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 vary substantially during the initial development within the district. Since only the developed parcels will generate traffic using the signalized intersection, those parcels will be responsible for the entire cost. The maximum assessment for all properties within Traffic Signal Maintenance District Number TS-13 (Panama and Stine Shopping Center) shall not exceed $3,000 per traffic signal per year. TS-13_Exhit-C.doc EXHIBIT "C" ~ 'ÒI<Kí:1 () ~ >-- - >- m _ t"- o D 0PIGINAl _,·..."_.__._u ..~.... _M...~___·"_·_ _ ..,.._._.._.... ___....."._.__,.._._.__ EXHIBIT "D" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-13 (Panama and Stine Shopping Center) Said assessment is made in accordance with the benefit formula attached hereto. 2005-2006 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance/(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED S:\PROJECTSIMAINDIST\TRAFSIGIEXHIBITS\TS-130_05-06 EXHIBIT "D" $0,00 $0,00 $0,00 $0,00 <- 'òM~~ a' û' ~ 1 ~ f! o ( ORIGIN' EXHIBIT "E" ASSESSMENT ROLL TRAFFIC SIGNAL MAINTENANCE DISTRICT NO, TS-13 (Panama and Stine Shopping Center) FISCAL YEAR 2005-2006 Assessor's Tax No. Total Assessment 499-011-1 0-00-5 $0.00 $0.00 Total Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" S:\PROJECTS\MAINDIST\TRAFSIG\EXHIBITSITS-13E_05-06 X ?;AK/;-}> () ,S> >- :!: >- IT - r- o c:- 0RIGINAI Recording requested by aud for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map No. 9918. Parcel 3 COVENANT DISCLOSING INCLUSION IN TRAFFIC SIGNAL MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of , 20o_, by Costco Wholesale Corporation, a Washington corporation (hereinafter, "Owner"), in connection with the Traffic Signal Maintenance District TS-No. 13, located in the City of Bakersfield, California, The real property herein described is located within Traffic Signal Maintenance District TS-No, 13 and may be assessed on an ongoing, yearly basis for maintenance of traffic signals within the district. Assessments shall not exceed $3,000,00 per traffic signal per year. Assessments will continue as long as the traffic signals remain operational at their present location, This covenant may not be amended or modified without the prior approval ofthe City of Bakersfield, This covenant shall run with the land. Dated this day of ,20o_, Owner( s )/Developer( s): City of Bakersfield: Costco Wholesale Corporation, a Washington Corporation Signature Raul M, Rojas, Public Works Director Print Name and Title NOTE: All owner(s)/developer(s) signatures must be notarized. TS-13 _ Covenant.doc '< 'ò~/(f.:1' C' û' >-- :!: t-- m - t"- o C: ORIGINAl -------~- 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 March ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No, 1435 , passed by the Bakersfield City Council at a meeting held on the 8th day of March, 2006 and entitled: A RESOLUTION DECLARING INTENTION TO ESTABLISH TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-13, (PANAMA AND STINE SHOPPING CENTER) 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. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield ~. By: ~é DEPU Ci Clerk S:\DOCUMENT\FORMSIAOP. ORD. wpd '< Iòl>..Kf-9 () <!;, >- - .... m _ t"- o e:, ORIGINAL .....----.-..--...-..-.....-.".-... - _..~.__._-_._----_..._----_..._--'_.-