HomeMy WebLinkAboutROI NO 1638
RESOLUTION OF INTENTION NO. 1638
A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT FOR THE TRAFFIC SIGNAL MAINTENANCE
DISTRICTS AND THE 2009-2010 BUDGETS; SETTING TIME
AND PLACE FOR HEARING PROTESTS ON 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" including the following attachments:
a) the Director's Report benefit formula, attached hereto as Exhibits "A" of
the Traffic Signal Maintenance Districts; and
b) the Director's Report budgets for each district, containing the matters
specified in Section 13.04.120 of the Bakersfield Municipal Code,
attached hereto as Exhibits "B"; and
c) the amount of assessment to be levied against each parcel within the
Consolidated Maintenance District, on file in CD format with the City Clerk
(Exhibit "C").
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
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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 district; and that the exterior
boundaries of said Traffic Signal Maintenance Districts are hereby specified and described
on those certain maps 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 Exhibits "B", entitled "Map and
Assessment Diagram for Traffic Signal Maintenance District, Bakersfield, California."
4. The City Council hereby sets WEDNESDAY, June 10, 2009, AT 6:30
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.
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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
MAY 2 0 200; , by the following vote:
AYES: COUNCILMEMBER CARSON, BE HAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER Y)Ord.
ABSTAIN: COUNCILMEMBER n y'
ABSENT: COUNCILMEMBER lyWyle_
C&,: A- 4
CITY CLERK and Ex Officio Cftrk of the
Council of the City of Bakersfie
APPROVED MAY 2 0 2000
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNEY
By: 2,4&&-m
Attachments: Exhibit "1" - Director's Report
Exhibit "A" - Director's Report Benefit Formula
Exhibit "B" - Director's Report Budget
Exhibit "C" - Assessment Rolls (on file with the Clerk's Office)
ct
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PUBLIC WORKS DIRECTOR'S REPORT FOR
TRAFFIC SIGNAL MAINTENANCE DISTRICTS
City of Bakersfield
Fiscal Year 2009-2010
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,
mast 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 district's Exhibit "C".
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NOW, THEREFORE, I, RAUL M. ROJAS, 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 Fiscal Year 2009-2010 Budgets as set forth in each of the
district's Exhibit "B" and Assessment Rolls as set forth in each of the district's Exhibit
"C," for all parcels of property within the various Traffic Signal Maintenance Districts,
subject to be assessed to pay the cost of maintenance and operation of the above
described public improvements in said districts.
MAY 2 0 2009
Dated:
RAUL M. ROJAS
PUBLIC WORKS DIRECTOR
CITY OF BAKERSFIELD
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CONSOLIDATED TRAFFIC SIGNAL MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel in the Traffic Signal Maintenance District shall be assessed the sum of the amounts as defined
below:
Rate:
The rate shall equal the dollar amount shown on the proposition 218 ballot used in the formation of the Traffic
Signal District and approved by City Council at the time of the formation and is included as if incorporated
herein.
FORMULA
TOTAL ASSESSMENT AMOUNT - ((ANNUAL COST OF AN AVERAGE COST OF A TRAFFIC SIGNAL X No of Signals) / % of acreage of parcel in the
district) + ANY COUNTY FEES)**
**Fee will never be greater than allowed per the Prop. 218 ballot(s). If the district formed before Prop 218, than the fee charged at the time Prop. 218 passed
will be carried over as the flat rate.
AVERAGE TRAFFIC SIGNAL COST: The Public Works Department will calculate the amount of
electricity, maintenance & operation costs are involved with
the average traffic signal in the City of Bakersfield. That
amount will be used for this value.
% OF ACREAGE Each parcel within a specific district will be assessed based
upon their acreage within their district (e.g. If an owner
owns 50% of the acreage in a district, then they will pay
50% of the cost of any signals included with the district).
COUNTY FEES: The County Assessors office charges a fee to collect these
assessments on the regular property tax bill. For the FY
2009-2010 this fee is $0.18 per parcel billed.
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EXHIBIT "A"
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EXHIBIT "B"
2009-2010 BUDGET
CONSOLIDATED MAINTENANCE DISTRICT (CMD)
STREET $ PARK MAINTENANCE
(City Staff Services or Contract, Supplies, Materials and utilities)
Gross Park Budget Amount Required $1,611,708.80
Gross Street Budget Amount Required $4,587,171.20
Less: City Contributions per Resolution 63-96 $1,399,967.46
NET AMOUNT TO BE ASSESSED $7,598,847.46
Deficits not carried over from previous years. Deficits to be paid
by the City of Bakersfield.
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EXHIBIT "B"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
2009-2010
BUDGET
(City Staff Services or Contract, Supplies, Materials and Utilities)
Cost per Signal = $2,600.00
No. Of Signals Budget
TS-1 Marketplace (Ming & Haggin Oaks) 1 $ 2,600.00
TS-2 NW Promenade (Rosedale & Coffee) 1 $ 2,600.00
TS-3 (Rosedale & Jet way / Rosedale & Coffee) 2 $ 5,200.00
TS-4 (Calloway & Gleneagles & Jewetta @ Milverton) 2 $ 5,200.00
TS-5 NW Promenade #2 (Rosedale & Main Plaza) 1 $ 2,600.00
TS-6 (E. Brundage & Hayes) 1 $ 2,600.00
TS-7 (Mt Vernon & N. Bernard) 1 $ 2,600.00
TS-8 (Calloway & Hageman) 1 $ 2,600.00
TS-9 Gosford Village (Gosford & Harris) 3 $ 7,800.00
TS-10 The Crossings (Stockdale & Riverrun) 1 $ 2,600.00
TS-11 No Signals Active 0 $ -
TS-12 (Panama & Wible) 1 $ 2,600.00
TS-13 (Panama & Stine) 1 $ 2,600.00
TS-14 (Mins & S. Allen) 1 $ 2,600.00
TS-15 No Signals Active 0 $ -
TS-16 (Buena Vista & White Lane) 1 $ 2,600.00
TS-17 The Grove (3015 Calloway) 1 $ 2,600.00
TS-18 Kaiser Entrance( South H & Berkshire) 1 $ 2,600.00
TS-19 Memorial Hospital (34th Street Entrance) 1 $ 2,600.00
TS-20 The Grove #2 (Panama South of S. H Street) 1 $ 2,600.00
Gross Budget Amount Required $57,200.00
NET AMOUNT TO BE ASSESSED $57,200.00
EXHIBIT "B" ~``~pK~9s
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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 21 st day of May, 2009 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1638 , passed
by the Bakersfield City Council at a meeting held on the 20th day of May, 2009 and
entitled:
A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE
TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THE 2009-2010
BUDGETS; SETTING TIME AND PLACE FOR HEARING PROTESTS
ON THE AMOUNT OF ASSESSMENTS TO BE LEVIED THROUGHOUT
EACH OF THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS. (ALL
WARDS)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY City Clerk
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