HomeMy WebLinkAboutRES NO 073-09
RESOLUTION NO. 0 7 3 09
A RESOLUTION APPROVING AND ADOPTING THE
PUBLIC WORKS DIRECTOR'S REPORT FOR THE
TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THE
2009-2010 BUDGETS, CONFIRMING THE
ASSESSMENTS AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR. (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 all 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 Public Works Director has filed his report as set forth in Exhibit I,
attached hereto and incorporated by reference herein, including the 2009-2010 budgets for the
Traffic Signal Maintenance Districts, with the City Clerk's Office, as required by Section
13.04.130 of the Bakersfield Municipal Code; and
WHEREAS, the City Clerk has filed in her office affidavits setting forth the
compliance with the requirements of Chapter 13.04 of the Bakersfield Municipal Code
concerning publishing notice of the hearing on the Traffic Signal Maintenance Districts; and
said City Council hereby finds that said notice has been published in the manner required by
law; and
WHEREAS, the above hearing was duly held by the City Council at the time and
place for hearing protests to the fairness of the benefit formulas, the amount of the assessment
on any parcel of property to be assessed and the reservation by the City of right to elect
whether to proceed to perform work by City forces or by private contractor; and
WHEREAS, any written protests filed with the Clerk at or before the time set for
said protest hearing were considered by said Council.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The foregoing recitals are found to be true and correct and are incorporated
herein.
2. The Council finds and determines that, for purposes of the majority protest
provisions of Section 13.04.200 of the Bakersfield Municipal Code, there
were not sufficient protests received and, therefore, there is not a majority
protest.
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3. The Council hereby approves and adopts the Public Works Director's Report,
the 2009-2010 Budgets, and confirms and levies the individual assessments
as set forth in said Public Works Director's Report.
4. 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 contractor.
5. The Public Works Director is hereby directed to file assessments with the
Kern County Tax Collector and the Kern County Tax Collector is hereby
authorized to collect such assessments. These assessments are exempt
from the procedural requirements of Proposition 218.
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ORIGINAL
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
JUN 10 2009 , by the following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER plly ~
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER nom/
PAMELA A. MCCARTHY, M
CITY CLERK and Ex Offici Jerk of the
Council of the City of Bakersfield
APPROVED: JUN 1 0 2009
444~z_ -
HARVEY L. HALL
MAYOR of the City of Bakersfield.
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: R L-4
ROBERTY M. SHERF
Deputy City Attorney
Attachments: Exhibit 1"
Exhibit "A" Benefit Formula
Exhibit "B" Budget
Exhibit "C" Tax Roll - On File with the City Clerk's Office
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ORIGINAL
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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ORIGINAL
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.
Dated: 1,4,
RAUL M. ROJAS
PUBLIC WORKS DIRECTOR
CITY OF BAKERSFIELD
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ORIGINAL
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" pRIGINAL C.Ij
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" o~~AKF9sn
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ORIGINAL