HomeMy WebLinkAboutRES NO 9-97 RESOLUTION NO. 9 ~ 9 ~
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. TS? (~TPLACE)~ CONFIRMING THE
ASSESSMEN'rAi rHORIZING COLLECnON OF
ASSESSMENTS B¥!THE!I~ERN COUNTY TAX COLLECTOR
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1153, adopted December 18, 1996, declared its
intention to order the establishment of a maintenance district, preliminarily adopted,
confirmed and approved the Pulohc Works Director's Report, the boundaries of the
proposed. district, the ,fairness of ~e benefit formula, the amount of assessment to be levied
against each parcel and the rese~tion of right to perform work by City forces or private
contractor. Sa~d D~stnct shall be d~s~gnated Maintenance D~stnct No. TS-1 (Marketplace),
as shown and designated on that!i?ertai,n map entitled Map and Assessment Diagram for
Maintenance District No. TS-1, Bhkergfield, California, on file in the offices of the City
Clerk and Pubhc Works D~rector~,' C~ty 0f 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-1 (Marketplace), which waives all rights to a
public hearing and to a protest he~ring as reqnired by the Brown Act, Streets and Highway
Code and Chapter 13.04 of the BiCkersfield Municipal Code; 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:
reference.
1. The foregoing recitals are true and correct and incorporated herein by
2. The Council hereby establishes Maintenance District No. TS-1
(Marketplace), and confirms and adopts the Public Works Director's Report, (attached
hereto as Exit'bit "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 herei~ by reference
describe Maintenance District No~ TS-1 (Marketplace).
4. The assessment for Maintenance D/strict No. TS-1 (Marketplace), shall be
the total sum of $0.00 for the 1996-97 fisca. l yg~ir~ The b~aefi¢ formula (Exhibit "C") budget
for Maintenance District No. TS-1 (Marketplace), (Exh~it "D"), and assessment roll for
Maintenance District No. TS-1 (Marketplace), (Exh~it "E") are attached hereto and
incorporated hereins by ~efe~eace.
5. The Kei'a Coun~ty Tax Collector is hereby authorized to collect assessments
for Maintenance District TS-1 (Marketplace).
6. Beginning in the 1997-98 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 th6 ~akersfield 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
con~tracto{. 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.
.......... 000 ..........
O,~GiNAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Coun,?l of the City of Bake~rsfield at a regular meeting~ thereof held on
~J^N 2 ! ~7 , by the fo~owing vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTt, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER /~ 1(~/~_
A~STAIN: COUNCIL~,~MBFR ~l~/~
~ ~CI~EMBER ~ J~
CITY CLERK and Ex Offic~6/Cierk. of theT
Council of the City of Bakersfield
APPROVED: ~'~AN 2 2 'B97
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
Attachments:
Exhibit 'T'
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
ORIGINAL
City of Bakersfi'eld
PUBLIC WORKS DIRECTOR' S REPORT
MAINTENANCE DISTRICT NO. TS-1
Fiscal Year 1996-1997
WHEREAS, on WHDNESDAY, December 18, 1996, the Council of
the City of Bakersfield adopted its Resolution of Intention No.
1153 to order the establishment of a maintenance ~istric~ 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-1, 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 maintalning
and operating a traffic signal located on Ming Avenue at the main
entrance to The Marketplace shopping center approximately mid way
between Haggin Oaks Boulevard and Scamlet 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, energy costs, supervision and any and all
other items necessary for the proper maintenance and operation
thereof.
EXHIBIT
-1-
ORIGINAL
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.
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 Marketplace shopping center, parcels 1-9 of Parcel Map
10291. 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 1996-97 fiscal year. Any costs incured in the
1996-97 fiscal year will be carried over to the 1997-98 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 1996-97 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, subject to be assessed to pay
the cost of maintenance and operation in said district.
Dated: JAN 2 3 1997
UL M~
Director of Public Works
City of Bakersfield
-2-
ORIGINAL
MAINTENANCE DISTRICT TS-1
LEGAL DESCRIPTION
A parcel of land situated
Kern, State of California,
T 30 S, R 27 E, M.D.B. &
fol lows:
in the City of Bakersfield, County of
being a portion of Sections 5 and 8,
M., and more particularly described as
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 prolongation 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°
Haggin Oaks Boulevard,
POINT OF BEGINNING.
49' 20" West along the centerline of
a distance of 1139.91 feet to the TRUE
EXHIBIT
ORIGINAL
r'hAP AND ASSESSMENT DI.r"~'~RAM
FOR i
MAINTENANCE DISTRICT NO. TS-1
BAKERSFIELD, CALIFORNIA
Z
MAINI'ENANCE DISTRICT TS-1
CITY OF BAKERSFIELD
BENEFIT FOR~M~o~LA
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 Marketplace 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 Marketplace Traffic Impact Study Report Bakersfield,
Cahfornia, by Robert Kahn, John Kain & Associates, Inc, November 10, 1995.
The amo,unt to be assessed to each parcel is calculated as follows:
O)
Calculate the total number of trips generated by each building using the City Average Dally
Trips (ADT) rates.
(2) Multiply the number of trips of each building by the percentage of the zone shown above.
(3) Add the total number of trips (2) of all buildings in each parcel.
(4) Add the total number of trips (2) of all buildings in all zones.
(5)
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.
(6)
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.
EXHIBIT "C"
Page 1 of 3
' );:~IGiNAL
PROJECT ZONE MAP
LEGEND:
~ = ZONE NUMBER
THE M .A. RKETPL.A. CE.
B.akersf',el,d, Cahforn,a
EXHIBIT "C"
Page 2 of 3
The esti~mated am~ual maintenance cost to each parcel based on trip generation figures from The
Marketplace Traffic Impact Study Report Bakersfield, Cahfomia, by Robert Ka~, John Kain &
Associates, Inc, November 10, 1995, ranges from ~$54 to $3318 as shown below. However, these
amounts could vary substantially during the initial idevelopment of the shopping center. Since only
the developed parcels will generate traffic using the signali~zed intersection, those parcels will be
responsi~ble for the entire cost of the district.
Since none o~ the parcels were assessed for the 1996-97 fiscal year and since the signals were put
into operation in [ate 1996, the 1996-97 costs will be carried over to the 1997-98 fiscal year. If only
one parcel is developed at the end of the 1996-97 fiscal year the 1997-98 assessment with the
carryover could be as high as $9,000.
Also, assessments may vary if the parcels are developed other than what is shown in the above
mentioned report.
Estimated annual assessments:
Parcel Map 10291, Parcel
i $3O6
2 $222
3 $144
4 $39O
5 $840
6
7 $66
8 $54
9 $3,318
EXHIBIT "C"
Page 3 of 3
OR
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. TS-1
SAID ASSESSMENT IS MADE IN ACCORDANCE VVlTH THE BENEFIT
FORMULA A'I-FACHED HERETO.
1996 - 1997
BUDGET
Gross Budget Amount Required
(Ci~ $t~f Services or Contract,
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
JAS
EXHIBIT
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-1
FISCAL YEAR 1996 - 1997
Assessment Parcel No.
as shown on Map Total
Exhibit "B" Assessment
* 390-010-49-00-0 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bekersfietd
* MAINTENANCE DISTRICT NO. TS-1 CONSISTS OF P.M. 10291, LOTS 1-9
BEING A PORTION OF APN 390-010-49-00-0. APN'S HAVE NOT YET BEEN
ASSIGNED TO LOTS 1-9.
EXHIBIT "E"
Recording requested by
and 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. 10291 Lot Nos. 1 through 9
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of ,199__, by
Castle & Cooke California. Inc.. a California Corporation. (hereinafter, "Owner"), in connection with
Maintenance District TS-1, located in the City of Bakersfield, California.
The real property herein described is located within Maintenance District TS-1 and
may be assessed for maintenance of a traffic signal within the district.
Assessmcnt~s will be based on the amount of traffic generated by each parcel using
the signalized intersection.
This covenant may not be amended 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):
Castle & Cooke California. Inc.,
a California Corporation.
,199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
Castle & Cooke
, 'AL[F(}RN].2.. ]i
October 30. 1996
Marian P. Shaw
City. of Bakersfield
Public Works Dept.
1501 Truxtun Avenue
Bakersfield. CA 93301
Subject: ParcelMap 10291. Parcels 1-t0
Dear Marian:
Please be. advised. as the sole owner of Parcels 1-10 of Parcel Map #10291, Castle & Cooke
Commercial Califorma, Inc., hereby waives the public hearing for the formation of a signal
maintenance district for the traffic signal at the main entrance to The Marketplace Shopping Cemer.
Your assistance with this rfiatter is greatly appreciated.
Vice Presiaent of Construction