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HomeMy WebLinkAboutROI NO 2050RESOLUTION OF INTENTION NO. 2050 A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR TWENTY-THREE (23) TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THEIR 2020-2021 BUDGETS AND SETTING THE TIME AND PLACE FOR HEARING PROTESTS REGARDING THE AMOUNT OF ASSESSMENTS TO BE LEVIED THROUGHOUT EACH OF THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS. (ALL WARDS) 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 Council approved Resolution 161-94 on September 28, 1994, which provides for the collection of maintenance and operating costs for "convenience" traffic signals (as that term is defined in said resolution) through a maintenance district; 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", which includes the following attachments: a) the Director's Report benefit formula, attached to the Director's Report as Exhibit A., b) the Director's Report budget for each district, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached to the Director's Report as Exhibit "B"; and WHEREAS, the amount of assessment to be levied against each parcel within the Traffic Signal Maintenance Districts is on file in CD format with the City Clerk. 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 reserves the right to perform the work of maintenance and operation of the public improvements within each of the Traffic Signal Maintenance Districts 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. 3. 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 are the Traffic Signal Maintenance Districts which benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon the parcels and lots within each 5'\PR0JECTS\MAMD6r\2020-2021 MD InfoVolder for City Info\7SMD\R0I R 2050.docx G OJ nKx mn J GPIaIfvAL district; and that the exterior boundaries of said Traffic Signal Maintenance Districts are hereby specified and described on the "Map and Assessment Diagram for Traffic Signal Maintenance Districts, Bakersfield, California" now on file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, attached as Fxhibit "B" to the respective Resolution creating each Traffic Signal Maintenance District. 4. The City Council hereby sets WEDNESDAY, JUNE 24, 2020, AT 5:15 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters: Fairness of the benefit formula; The amount of the assessment on any parcel of property to be assessed; Reservation by City of right to elect whether to proceed to perform work by city forces or by private contractor. Any interested person may object to any of the above -listed matters by filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointed for said hearing shall present to the Council all such protests filed with said Clerk. 5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code. gpKt S:\PROJECTS\MNINDISi\2020.2021 MDlnto\Folder for ClrY lnfoV$MD\R0I#2050.tlocx O 9 r n Oq J HEREBY CERTIFY that the foregoing Resolution of Intention was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 10 2020 , by the following vote: AYE' COUNCILMEMBER RIVERA,GONZALES,WEIR,SMRH,FREEMAN,SULLIVAN,PARLIER ES: COUNCILMEMBER NONE ABSTAIN: COUNCILMEMBER NONE ABSENT: COUNCILMEMBER MqK 1 LIE DRIMAKII CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 10 2020 C. 241 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY gy;4TYA RUDNICK CITY ATTORNEY Attachments: Exhibit " I" Director's Report Exhibit "A" Director's Report Benefit Formula Exhibit "B" Director's Report Budget aaK S:\PROJEQS\MAINDISi\2020-2021 MDlnfo\Folder for City Info\TSMD\R0Ik2050.docx T J06:"i',M1AL PUBLIC WORKS DIRECTOR'S REPORT FOR TRAFFIC SIGNAL MAINTENANCE DISTRICTS City of Bakersfield Fiscal Year 2020.2021 The City of Bakersfield Traffic Signal Maintenance Districts are specifically described in each of the resolutions establishing the districts and approved by the city council and all are on file in the office of the City Clerk and incorporated by reference as though fully set forth herein. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the districts for the cost of maintaining and operating traffic signals that benefit the various districts. The assessment includes the cost to operate, maintain, repair and replace signal poles, most arms, signal heads, controller, cabinet, machine vision detection system, street light luminaries, 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. 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 of future convenience traffic signals through maintenance districts. The traffic signals that are operated and maintained under these maintenance districts benefit the parcels within the various districts. Each parcel is assessed an amount based on formulas set forth in each of the districts' Exhibit "C" on file with the City Clerk's Office. NOW, THEREFORE, I, NICK FIDLER, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Benefit Formula and Budget for the Traffic Signal Maintenance Districts for FY 2020-2021, attached hereto as Exhibit "A" and "B" respectively. The Assessment Roll for the Traffic Signal Maintenance Districts for all parcels of property within the areas of benefit of the Traffic Signal Maintenance Districts, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory, is on file in the City Clerk's Office. Dated: _s !I -n) Z'01.z.) NICK FIDLER PUBLIC WORKS DIRECTOR CITY OF BAKERSFIELD EXHIBIT 19AKcq o T uOX:NAL BENEFIT FORMULA CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD Each parcel in the Consolidated Maintenance District shall be assessed the sum of the amounts as defined below: Rate: The rate shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District as approved by City Council Resolution 019-05 and incorporated herein. As per that Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index," which is currently known as the "Los Angeles - Long Beach - Anaheim/All urban Consumers Consumer Price Index." Ter levels for both Parks and Street Landscaping within the Consolidated Maintenance District are established by the Parks and Recreation Department through separate policy. TOTAL ASSESSMENT AMOUNT - I FORMULA PARK RATE X PARK TIER) + ISTREET RATE X STREET TIER) X EDU'S ANY COUNTY FEES.) PARK RATE AND STREET RATE: Amount assessed annually based upon either the proposition 218 ballots or if the parcel joined prior to proposition 218, the rate in effect when proposition 218 was passed in November 1996. PARK TIER AND STREET TIER: The factor for the tier level is assigned by the Parks and Recreation Department and is based upon the level of amenities in proximity to the parcels receiving special benefit. COUNTY FEE: Any fees applied by the Kern County Tax Assessors office for the addition and any collections of this assessment on the annual Tax roll. The fee for the 2020-2021 tax year is $0.26 per billed parcel. EDU's: EDU'S or Equivalent Dwelling Units are assigned by the Bakersfield Planning Department as the theoretical maximum population density by planning zone. If a parcel is completely developed, then the actual number of dwelling units will be used for this value. Any parcel may be added to the City of Bakersfield Consolidated Maintenance District if they fall underthecriteriaasdescribedinBakersfieldMunicipalCodesection13.04 or as part of: Site Plan Review Conditions, Zane Change, a General Plan Amendment, grading permit or Conditional Use Permit. Exhibit "A" oFgAK` eT u LOril0,tvA TRAFFIC SIGNAL MAINTENANCE DISTRICTS 2020-2021 BUDGET City Star Services or Contract, Supplies, Materials and Ubldso) Cost per Signal = $3,233.78 TS -1 Marketplace (Ming & Haggin Oaks) TS -2 NW Promenade (Rosedale & Coffee) TS -3 (Rosedale & Jet way / Rosedale & Coffee) TS -4 (Calloway & Gleneagles & Jewetta @ Milverton) TS -5 NW Promenade #2 (Rosedale & Main Plaza) TS -6 (E. Brundage & Hayes) TS -7 (Mt Vernon & N. Bernard) TS -8 (Calloway & Hageman) TS -9 Gosford Village (Gosford & Harris) TS -10 The Crossings (Stockdale & Rivemun) TS -12 (Panama & Wlble) TS -13 (Panama & Stine) TS -16 (Buena Vista & White Lane) TS -17 The Grove (3015 Calloway) TS -18 Kaiser Entrance( South H & Berkshire) TS -19 Memorial Hospital (34th Street Entrance) TS -20 The Grove #2 (Panama South of S. H Street) TS -21 Stockdale Hwy(Cancer Center/BCHS Entrance) TS -22 San Joaquin Hospital Entrance TS -23 Wines Entrance (Panama Lane and Ashe Road) TS -24 Rivedakes Galleria (Olive Drive and Calloway Drive) TS -25 Artisan Square (Brimhall Road and Allen Road) TS -26 Rio Bravo Medical Entrance (Moming Drive) Gross Budget Amount Required NET AMOUNT TO BE ASSESSED No. Of Signals Budget 1 3,233.78 1 3,233.78 2 6,467.56 2 6,467.56 1 3,233.78 1 3,233.78 1 3,233.78 1 3,233.78 3 9,701.34 1 3,233.78 1 3,233.78 1 3,233.78 1 3,233.78 1 3,233.78 1 3,233.78 1 3,233.78 1 3,233.78 1 3,233.78 1 3,233.78 1 3,23378 1 3,233.78 1 3,233.78 1 3,233.78 87,312.06 87,312.06 EXHIBIT B 1711 .a.n'Al AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ss. County of Kern ) JULIE DRIMAKIS, 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 12th day of June 2020 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 2050 passed by the Bakersfield City Council at a meeting held on the 10t' day of June 2020 and entitled A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR TWENTY-THREE (23) TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THEIR 2020.2021 BUDGETS AND SETTING THE TIME AND PLACE FOR HEARING PROTESTS REGARDING THE AMOUNT OF ASSESSMENTS TO BE LEVIED THROUGHOUT EACH OF THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS. (ALL WARDS) JULIE DRIMAKIS, CMC City Clerk and Ex Officio of the Council of the City of Bakersfield By: DE TY City Clerk S.00CUMENWORMS ORROI wpd