HomeMy WebLinkAboutROI NO 1225RESOLUTION OF INTENTION NO. 1225
A RESOLUTION DECLARING INTENTION TO ESTABLISH
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-5, (NW
PROMENADE, PHASE 2) 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 property owner has requested a traffic signal at an entrance
to his development; and
WHEREAS, said traffic signal is not requi~ed 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 benefitting from such signals, through maintenance districts; 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-5, (NW Promenade, Phase 2), 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 is a
traffic signal adjacent to the property within the boundaries as shown
on Map and Assessment Diagram for Traffic Signal Maintenance
District No. TS-5 (NW Promenade, Phase 2), 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
13.04.120 of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each parcel (not to
exceed $1,000 per pamel), 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 Parcel Map 10726 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 banefitting 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-5, (NW Promenade,
Phase 2) Bakersfield, California," for Fiscal Year 2000-2001, which map indicates by a
-2-
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.
-3-
by the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
Council of the City of Bakersfield at a regular meeting thereof held on
"'~V 29 Z000 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MACCARD, COUCH, GREEN, SULLIVAN, SALVAGGIO
COUNCILMEMBER I~J ~ t~ ~_
COUNCILMEMBER
APPROVED
NOV 29 2000
BOB P
MAYO>~f the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
S:\PROJ\MD\TRAFSIG\ROi\TS-5ROI
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
-4-
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-5
(NW PROMENADE, PHASE 2)
Fiscal Year 2000-2001
City of Bakersfield, Maintenance District No. TS-5 (NW Promenade, Phase
2), is generally described as a district bounded by a line 1/4 mile north of Rosedale
Highway on the north, Main Plaza Drive on the east, Rosedale Highway on the south and
a line 1/8 mile east of Calloway 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 NW Promenade Phase
2. 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 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
bearthe 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 in the NW Promenade Phase 2. Each parcel
will be assessed on a trip generation bases throughout the district. The Benefit Formula
EXHIBIT "1"
-1-
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 $3,000 to $4,000. All parcels within this district will have a zero
assessment forthe 2000-2001 fiscal year. Any costs incurred in the 2000-2001 fiscal year
will be carried over to the 2001-2002 fiscal year.
NOW THEREFORE, I, I~AUL 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 2000-2001 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-5,
(NW Promenade, Phase 2), subject to be assessed to pay the cost of maintenance and
operation in said district.
Dated: ( / _i~. r... e
RA 'U~M.~JA&
Director of Public Works
City of Bakersfield
G:\PROJ\MD\TRAFSIG\Roi\TS-5ROI
-2-
MAINTENANCE DISTRICT TS-5
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 south quarter corner of said Section 20, being the intersection of
the centerline of Main Plaza Drive 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 1803.94 feet, more or less, to the southerly prolongation of the west line
of Parcel 1 of Parcel Map 10726 and the east line of County Fire Station parcel 451 -
020-01;
THENCE (2) North 00° 29' 49" East along said west and east lines and southerly
prolongation thereof, a distance of 230.00 feet to the northeast corner of said Fire
Station parcel;
THENCE (3) North 89 ° 08' 13" West, along the north line of said Fire Station parcel,
a distance of 150.30 feet;
THENCE (4) North 00° 29' 05" East, a distance of 1096.55 feet;
THENCE (5) South 89° 31' 49" East, a distance of 345.14 feet;
THENCE (6) South 84° 56' 52" East, a distance of 1612.82 feet, to intersect the
centerline of Main Plaza Drive;
THENCE (7) South 00 ° 26' 27" West, along said centerline, a distance of 1239.19
feet, to the south quarter corner of said Section 20 and the TRUE POINT OF
BEGINNING.
EXHIBIT "5-A"
S:\PROJECTS\MAINDIST\TRAFSIG\LegaIs\TS-5.wpd
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(TS-5,NW PROMINADE, PHASE 278~(& THE j
CONSOLIDATED MAINTENANCE I ICT
BAKERSFIELD, CALIFORNIA
NOT TO SCALE
~DISTRICT BOUNDARY
~ ....... ZZZZZZZZZZZ
MAINTENANCE DISTRICT TS-5
(NW Promenade, Phase 2)
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.
* Since Rosedale Highway is a state highway, the state pays 2/3rds of the cost of the
signal operation and maintenance costs and the district pays 1/3rd.
Assessment 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. The maximum yearly
assessment per parcel shall not exceed $1,000. None of the parcels will be assessed in
2000-2001 since the signals were not in operation at the beginning of the fiscal year. Any
costs incurred in the 2000-2001 fiscal year will be carried over and added to the 2001-2002
costs.
S:\PROJECTS\MAINDIST\TRAFSIG\FormUlaS\TS*5.wpd
EXHIBIT "5-C"
EXHIBIT "5-D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
TS-5 (NW PROMENADE, PHASE 2)
Said assessment is made in accordance with the benefit formula attached hereto.
2000-2001
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balancel(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0,00
$0.00
$o.oo
$o.oo
S:/PROJECTS/MAINDISTWRAFSIG/EXHIBITS/TS-5ct00
EXHIBIT "5-E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-5
(NW Promenade, Phase 2)
FISCAL YEAR 2000-2001
Assessor's Parcel No.
451-020-01-00-7
451-020-02-00-0
Total
Date:
Total
Assessment
$0.00
$o.oo
$0,00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
S %PROJECTS/MAINDIST/TRAFSIG%EXHIBITS%TS 5E00
Hopper Properties, L.P.
November 2, 2000
City of Bakersfield
Public Works Department
Marian P. Shaw
1501 Truxtun Avenue
Bakersfield, CA 93301
Re: Inclusion of Parcel Map 10726 in a Traffic Signal Maintenance District
Dear Ms. Shaw:
I, the undersigned, as owner of the property included within Parcel Map 10726, hereby
request that the property be included within a Traffic Signal Maintenance District, This
request is pursuant to Resolution No. 161-94 in accordance with Municipal Code
Section 13.04.
Enclosed is a check in the amount of $1562.00 to cover the cost of the formation of the
above-mentioned district. Further, our engineer will supply you with a disk copy of the
Parcel Map for your use.
I also waive my right to any and all hearings (whether pursuant to the Brown Act,
Proposition 218, its enabling legislation, the Bakersfield Municipal Cody, or any other
law) concerning the formation of or inclusion in a maintenance district.
We have signed and are returning the enclosed Proposition 218 ballot (Official
Assessment Ballot) indicating our consent to the assessments.
Sincerely,
LJ:cf
Enclosure
PO Box 82515 ~ 3101 State Road Bakersfield, CA 93380-2515 ~ 661-393-7000 - Fax 661 -393-~38
CITY OF BAKERSFIELD
TRAFFIC SIGNAL MAINTENANCE DISTRICT
IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessment ballot is for the use of the property owner of the parcel(s) identified below, which
parcel(s) is proposed to be included in a City of Bakersfield Traffic Signal Maintenance District
(hereinafter TSMD).
This assessment ballot may be used to express either support for or opposition to inclusion within
a TSMD. In order to be counted, this assessment ballot must be signed below by an owner or, if the
owner is not an individual, by an authorized representative of the owner.
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
Property description
To~al ~nual assessments shall not exceed $ 3,000.00 p~ traffic signal
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include the above described
Property within a Traffic Signal Maintenance
District and levy an annual assessment not to
exceed the amount set forth above?
Yes
No
t
Date ///E- ,2000
Owner Signature f~
S:\pROJECTS\MAINDISTXMisc\BalIotTS.wpd
11/01/00
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 30TM day of November ,2000 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1225 .passed by the Bakersfield City Council at a meeting held on the
29TM day of November 2000, and entitled:
A RESOLUTION DECLARING INTENTION TO ESTABLISH
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-5, (NW
PROMENADE, PHASE 2) 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
S:~Document\FORMS~AOP.ROI.wpd
November 30, 2000
O~IGiNAL