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Home My WebLink AboutROI NO 1669 RESOLUTION OF INTENTION NO. 1669 A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THE 2010-2011 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 election is to be made for each year at the time the budget and assessment is approved for the year in question, S:\PROJECTS\MAINDIST\TRAFS IG\Roi\TS_FY 10-11 _All.doc O~ gAK~r9~ T -1- ~ r U p ORIGINAL 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, 2010, 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. -000- -:\PROJECTS\MAINDIST\TRAFSIG\Roi\TS_FY10-11_All.doc -2- ~ c.7 O ORIGINAI 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 1 9 201D by the following vote: AYES COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SCRIVNER S. COUNCILMEMBER ABSTAIN; COUNCILMEMBER COUNCILMEMBER O, 1 CITY CLERK and Ex Offici erk of the Council of the City of Bakersfield APPROVED MAY 1 9 2010 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY By. w ~,-4 Attachments: Exhibit "'I - 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) mb S:\PROJECTS\MAINDIST\TRAFSIG\Roi\TS_FY10-11_All.doc O~ gAKFg~ -3- ORIGINAL PUBLIC WORKS DIRECTOR'S REPORT FOR TRAFFIC SIGNAL MAINTENANCE DISTRICTS City of Bakersfield Fiscal Year 2010-2011 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", S:\PROJECTS\MAINDIST\TRAFSIG\Roi\TS_FY10-11_All.doc EXHIBIT 661 Of ors bAK4 m O 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 2010-2011 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: Z(-//<D 'S z RAUL M. ROJAS PUBLIC WORKS DIRECTOR CITY OF BAKERSFIELD S:\PROJECTS\MAINDISIITRAFSIG\Roi\TS_FY10-11_All.doc EXHIBIT 66111 U C.7 ORIGINa1 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 2010-2011 this fee is $0.20 per parcel billed. o``~A~Ftiu Benefit Forma Exhibit "A" Z5 G 0RIGIK'A1 EXHIBIT "B" TRAFFIC SIGNAL MAINTENANCE DISTRICT 2010-2011 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 ORIGINAI AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 26th day of May, 2010 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1669, passed by the Bakersfield City Council at a meeting held on the 19th_day of May, 2010 and entitled: A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THE 2010-2011 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). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEP City Clerk SADOCUMEN'RFORMS\AOP. ROl.wpd