HomeMy WebLinkAboutRES NO 185-02 185"02
SESOLUTION NO.
RESOLUTION OF THE CITY OF BAKERSFIELD TO IMPLEMENT
LOCAL GOVERNMENT CONTROL MEASURES IN THE PM-10
PLAN FOR THE SAN JOAQUIN VALLEY
WHEREAS, the San Joaquin Valley Air Pollution Control District (SJVAPCD) has
been designated by the Governor of California as the regional air quality planning
agency in San Joaquin Valley; and
WHEREAS, EPA has issued a finding that the San Joaquin Valley nonattainment
area has failed to attain the PM-10 standard by December 31, 2001 in accordance with
the Clean Air Act; and
WHEREAS, EPA has indicated that the PM-10 Plan is required to include Best
Available Control Measures;
NOW,
as follows:
THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
The foregoing recitals are true and correct and incorporated herein by
reference.
That the Council of the City of Bakersfield agrees to proceed with a good
faith effort to implement the measures identified in Exhibit "A" which is
attached hereto and incorporated by reference herein.
That the Council of the City of Bakersfield commits to implement the
measures as listed; recognizing, however, that the availability of
necessary funding may depend on economic conditions outside its control,
as well as the funding programs or processes of various state and federal
agencies. The City reserves its right to consider modifications to the
funding or schedules of implementation actions, if necessary.
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the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
Council of the City of Bakersfield at a regular meeting thereof held on
NOV 6 ~OO~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
CITY CLERK and Ex Officio¢lerk of the
Council of the City of Bakersfield
APPROVED'
HARVEY L. HALL
Mayor
APPROVED as to form:
BART J. THILTGEN
City Attorney
By: , / ~/ ., ¢ .
'~ VJl~GINIA G~(IAR,O/
Deputy City Attorney
S:\JOHN\TCM\LocalGovControlMeasures PM-10 Plan Reso.doc
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SAN JOAQUIN VALLEY PM-10 PLAN
EXHIBIT"A"
San Joaquin Valley PM-10 Plan (1)
Measure Title: Paving or Stabilizing Unpaved Roads and Alleys
Measure Description: Paving or stabilizing unpaved roads and alleys.
Responsible Agency and Authority for Implementation: Public Works
Department.
Implementation Schedule: This measure is already implemented through the
City of Bakersfield's Municipal Code Chapter 16.32.060, which requires all new
development to install and surface all streets, highways, alleys and ways.
Level of Personnel and Funding Allocated for Implementation: No additional
personnel or funding is identified since this is an implemented measure using
current personnel for plan checking, and construction inspections.
Enforcement Program: This is not a regulatory program.
Monitoring Program: The City will provide information regarding this program
in the annual report to the Valley Air District.
San Joaquin Valley PM-10 Plan (2)
Measure Title: Paving, Vegetating and Chemically Stabilizing Unpaved Access
Points Onto Paved Roads
Measure Description: Mud and dirt carryout from unpaved areas such as
construction sites often accounts for a substantial fraction of paved road silt
loadings in many areas, The elimination of this carryout may significantly reduce
paved road emissions. Paving or stabilizing of shoulders of paved roads may be
required.
Responsible Agency and Authority for Implementation: Public Works
Department.
Implementation Schedule: Implementation measures are already in effect to
prohibit the carryout of dirt and mud onto City of Bakersfield streets and roads.
Municipal Code Chapter 12.24 requires all construction activity to clean and
maintain clean the adjacent city streets by approved methods. No additional
implementation measures are needed to comply.
Level of Personnel and Funding Allocated for Implementation: Existing
personnel and funding levels will maintain current implementation measures.
Enforcement Program: This is not a regulatory program.
Monitoring Proqram: The city will provide information regarding this program in
the annual report to the Valley Air District.
San Joaquin Valley PM-10 Plan (3)
Measure Title: Curbing, Paving or Stabilizing Shoulders on Paved Roads
Measure Description: This measure would require the curbing, paving or
stabilizing of shoulders of paved roads to mitigate dust loading from
indeterminate sources or where no dominant source can be identified.
Responsible Agency and Authority for Implementation: Public Works
Department.
Implementation Schedule: Measures are in place within the City of Bakersfield
to mitigate dust loading on shoulders. The Municipal Code requires paving of
streets and construction of curbing on alt City streets and roads with
development per Municipal Code Chapter 16.32.060. On existing City streets
without paved shoulder and or curbing, the Public Works Department shall
inventory the roads or streets for future paving or stabilization measures in the
year 2003 and prioritize road segments to receive paving or stabilization.
Funding shall come from existing road maintenance funds, currently $8.7 million
in the 2002-2003 operating budget
Level of Personnel and Funding Allocated for Implementation: No increase
in existing personnel is expected.
Enforcement Program: This is not a regulatory program.
Monitoring Program: The city will provide information regarding this program in
the annual report to the Valley Air District.
San Joaquin Valley PM-10 Plan (4 and 5)
Measure Title: Frequent Routine Sweeping or Cleaning of Paved Roads
Measure Description: Paved road sweeping and flushing represents mitigation
measure for paved road surface dust loading. This measure would involve the
frequent sweeping or cleaning of paved roads, including the flushing of paved
roads.
Responsible Agency and Authority for Implementation: Public Works
Department
Implementation Schedule: This measure is already under implementation by
the Public Works Street Maintenance Division. The current sweeping schedule is
on a 23-25 day cycle for all residential roads and more often on central business
district streets. The goal for 2003 is a sweeping cycle of 20 days. All new
sweepers are certified to be PM-10 efficient and comply with emissions
regulations. New CNG street sweepers were obtained using $95000 from the
San Joaquin Air Pollution Control District. No additional measures are needed to
comply.
Level of Personnel and Funding Allocated for Implementation: Existing
personnel levels and funding are adequate for existing measure implementation
and continuance of effort. No changes are expected.
Enforcement Program: This is not a regulatory program.
Monitoring Program: The city will provide information regarding this program in
the annual report to the Valley Air District.
San Joaquin Valley PM-10 Plan (6)
Measure Title: Erosion Clean-Up
Measure Description: Clean up of erosion and debris after major rain or
wind/dust events.
Responsible Agency and Authority for Implementation: Public Works
Department.
Implementation Schedule: After event, debris and other material shall be
removed by street maintenance personnel within 24 hours, when possible, after
identification of need or prior to opening up of travel lanes blocked by event.
Level of Personnel and Funding Allocated for implementation: Existing
street maintenance personnel shall be used for emergency events requiring
clean-up.
Enforcement Proqram: This is not a regulatory program.
Monitorinq Proqram: The city will provide information regarding this program in
the annual report to the Valley Air District.
16.32.060 Tract map improvements--In subdivisions for which final
tract map is required.
A. Improvements required in a subdivision for which a final tract map is required
shall be installed to permanent line and grade and to the satisfaction of the city
engineer in accordance with the requirements of the advisory agency, in
accordance with standard specifications of the city on file in the office of city
engineer and in accordance with all applicable provisions of Chapter 16.28.
B. The minimum improvements which the subdivider makes or agrees to make
prior to acceptance and approval of the final tract map by the city council shall
be:
1. Grading, curbs and gutters, drainage and drainage structures necessary to the
proper use and drainage of streets, highways, alleys and ways and to the public
safety;
2. Installation and surfacing of streets, highways, alleys and ways;
3. Sidewalks, except where sidewalks are premature in relation to the public
needs of the present and immediate future;
4. Sanitary sewer facilities and connections fbr each lot, except as such
requirement may be waived by the city engineer and building director in
accordance with policies established by them therefor. Dry sewer lines shall be
installed wherever out fall sewer lines are not available unless the city engineer,
with the approval of the State Regional Water Quality Control Board, determines
an exception to such requirement to be appropriate;
5. Water system with mains of sufficient size and having a sufficient number of
outlets to furnish adequate domestic water supply fbr each lot of the subdivision
and to provide adequate fire protection to meet local neighborhood needs;
6. Services from public utilities, including cable television, and services from
sanitary sewers shall be made available for each lot, and in such manner as will
obviate the necessity for disturbing the street pavement, gutter, culvert and curb,
when service connections are made; provided, however, as to cable television
service, that the requirement for installation of such service to any industrial tract
may be waived if, based upon a waiver requested by a subdivider supported with
proof of satisfaction of the following conditions, the advisory agency finds that
the omission of such requirement will not create a break in cable television
service (to properties in the vicinity of the tract map) or, even if such omission
would result in a break in cable television service, the closest available
connection to existing cable television facilities is more than five hundred feet
from the closest point in the tract map to the point of such connection (measured
along existing or proposed utility casements);
7. Street name signs;
8.a. A chain-link fence six feet in height, as specified in city of Bakersfield
Subdivision and Engineering Design Manual Standard S-10, or an equivalent
barrier as determined by the advisory agency between any subdivision and the
right-of-way line of any irrigation canal within or adjacent to the subdivision,
b. A chain-link fence six feet in height, as specified in city of Bakersfield
Subdivision and Engineering Design Manual Standard S-I 0, or equivalent barrier
as determined by the advisory agency between any subdivision and any concrete
lined canal or open conduit waterway, within one-quarter mile of the subdivision,
c. At the discretion of the advisory agency, a chain-link fence six feet in height,
as specified in city of Bakersfield Subdivision and Engineering Design Manual
Standard S-10, or equivalent as determined by the advisory agency between any
subdivision and any unlined canal within one-quarter mile of the subdivision,
d. Based upon a waiver request and supporting evidence submitted by the
subdivider as part of the subdivision application, canal fencing requirements may
be waived, conditionally waived, modified or conditionally modified by the
advisory agency. Evidence submitted with the request for waiver should identify
circumstances or characteristics such as canal lining and built-in safety features,
water depth, water velocity, existing fencing or barriers, topography, intervening
land uses, improvements, agricultural operations, future land uses or project
timing that mitigate the need fbr canal fencing,
e. Subject to approval by the planning director, temporary fencing may be used
in lieu of permanent fencing to address changing circumstances when it can be
demonstrated by the subdivider that the intent of the canal fencing requirement
will be satisfied;
9. Street lighting;
1 0. Final soil report shall have been completed and approved by the building
director and city engineer prior to the beginning of construction of any buildings
or structures;
11. All utility distribution facilities, including cable television, shall be placed
underground, except that pre-existing utility distribution facilities on the
periphery of the subdivision and located on an arterial or collector street may
remain above ground. Where applicable, installation of underground utility
distribution facilities shall be in accordance with the rules and regulations of the
Public Utilities Commission of the state;
12. All subdividers are required to furnish fire hydrants, hydrant burys and
necessary bury extensions and all necessary bolts and gaskets, which shall be
purchased from the city;
13. Walls, fences and landscaping as required by ordinance, city standard, or the
advisory agency, to be maintained by a maintenance district or by an association
of property owners pursuant to a declaration of covenants approved by the city
engineer.
Exceptions to the above-stated minimum requirements may be allowed in tracts
having private streets with the approval of the advisory agency at the time of
approval of the tentative map.
C. Supplemental Improvements--Reimbursement Agreements.
1. The subdivider of a subdivision for which a final tract map or final parcel map
is required may be required to install improvements fbr the benefit of the
subdivision which may contain supplemental size, capacity or number for the
benefit of property not within the subdivision as a condition precedent to the
approval ora tentative subdivision map and thereafter to dedicate such
improvements to the public.
2. In the event such supplemental improvements are required by the advisory
agency as authorized in this subsection, the city shall enter into an agreement
with the subdivider to reimburse the subdivider, upon collection of moneys from
owners of other property benefited thereby and within a specified time period,
fbr that portion of the cost of such improvements equal to the difference between
the amount it would have cost the subdivider to install such improvements to
serve the subdivision only and the actual improvements to serve the subdivision
only and the actual cost of such improvements.
3. In order to pay the costs as required by the reimbursement agreement, the city
may:
a. Collect from other persons, including public agencies, using such
improvements tbr the benefit of real property not within the subdivision, a
reasonable charge for such use;
b. Contribute to the subdivider that part of the cost of the improvements that is
attributable to the benefit of real property outside the subdivision and levy a
charge upon the real property benefited to reimburse the city for such cost
together with interest thereon, if any, paid to the subdivider;
c. Establish and maintain local benefit districts for the levy and collection of such
charge or costs from the property benefited.
D. Drainage Facilities--Payment of Fees Required. Prior to filing any final map
or parcel map, the subdivider shall pay or cause to be paid any fees for defraying
the actual or estimated costs of constructing planned drainage facilities for the
removal of surface and storm waters from the following local and neighborhood
drainage areas pursuant to drainage plans adopted by the council therefor in
accordance with Article 5 of Chapter 4 of Division 2 of Title 7 of the California
Government Code (Section 66483 et seq.):
1. Pioneer Planned Drainage Area;
2. Fairview Planned Drainage Area;
3. 16th Street - Elm Street Planned Drainage Area;
4. "K" Street - 2nd Street Planned Drainage Area;
5. Riverlakes Ranch Planned Drainage Area;
6. Breckenridge Planned Drainage Area;
7. Shalimar Planned Drainage Area;
8. Orangewood Planned Drainage Area;
9. Akers/McKee Planned Drainage Area. Notwithstanding the foregoing,
payment of fees for planned drainage area facilities may be postponed if the
planning commission finds, based on all evidence presented, that payment of said
fees is premature to ultimate development of the property in question. Such
postponement may occur until t~rther subdivision of the property.
E. Sewer Facilities--Payment of Fees Required. Prior to approval of any
development entitlement including, but not limited to, any general plan land use
designation amendment, rezoning, the filing of any final map or parcel map, the
granting of a conditional use permit, or after the cancellation of a Williamson Act
contract within an assessment district, the subdivider/property owner shall pay or
cause to be paid any fees for defraying the actual or estimated costs of
constructing planned sanitary sewer facilities for local sanitary sewer areas
pursuant to sanitary sewer plans adopted by the council, or connection to sanitary
sewer facilities therefor in accordance with Article 5 of Chapter 4 of Division 2
of Title 7 of the Califbmia Government Code (Section 66483 et seq.)
In cases where a subdivider/property owner pays greater than its proportionate
cost of sewer construction, reimbursement may occur through a reimbursement
agreement or, where an assessment district has been formed, credit against
assessments previously paid.
The following sanitary sewer areas have been fbrmed:
1. Pierce Road--Oak Street Planned Sanitary Sewer Area;
2. Panama Lane--Monitor Planned Sanitary Sewer Area;
3. Terrace Way--Hughes Lane Planned Sewer Area;
4. Lavern Avenue Planned Sewer Area;
5. Wood Lane Planned Sewer Area;
6. Rosedale Plaza Planned Sewer Area;
7. "K" Street and 2nd Street Planned Sewer Area;
8. Rancho Laborde Planned Sewer Area;
9. Berkshire-Monitor Planned Sewer Area;
10. Panorama Highlands Planned Sewer Area;
11. Gibson-Burr Planned Sewer Area;
12. Jewetta Planned Sewer Area;
13. Hosking Planned Sewer Area;
14. Northeast Bakersfield Planned Sewer Area;
15. Allen Road Planned Sewer Area.
F. Bridge Crossings and Major Thoroughfares.
I. Prior to filing any final tract or parcel map or issuance of a building permit,
fees may be assessed and collected pursuant to Section 66484 of the California
Government Code fbr the purpose of defraying the actual or estimated costs of
constructing the following bridge crossings or major thoroughfares identified in
the transportation or flood control provisions of the circulation element of the
Metropolitan Bakersfield 2010 General ['lan:
a. Ashe Road Planned Bridge and Major Thoroughfare Area.
b. Hageman Road Planned Major Thoroughfare Area.
2. In order for such fees to be assessed and collected, the following requirements
must be met:
a. The bridge or thoroughfares for which costs are to be assessed are identified in
the transportation or flood control provisions of the circulation element of the
Metropolitan Bakersfield 2010 General Plan. The primary purpose of the ~najor
thoroughfares is to carry through traffic and provide a network connecting to the
state highway system.
b. A public hearing pursuant to Government Code Section 66484 (a)(2) and (3)
shall be held by the council for each area benefited, and the boundaries of each
such area, costs, and method of fee apportionment shall be set forth in a
resolution to be adopted by thc council.
c. Payment of fees shall not be required unless the major thoroughfares are in
addition to, or a reconstruction of; any existing major thoroughfares serving the
area at the time of the adoption of the boundaries of the area of benefit.
d. Payment of fees shall not be required unless the planned bridge facility is an
original bridge serving the area or an addition to any existing bridge facility
serving the area at the time of the adoption of the boundaries of the area of
benefit. The fees shall not be expanded to reimburse the cost of existing bridge
facility construction.
e. The city clerk shall receive written protests and endorse on each protest the
date and time it was filed.
i. No protest received after the time fixed for the public hearing shall be timely;
ii. Ifa written protest is filed by owners of more than one-half of the area of the
property to be benefited by the improvement, and sufficient protests are not
withdrawn so as to reduce the area represented to less than one-half of that to be
benefited, then the proposed proceedings shall be abandoned, and the council
shall not, for one year from the filing of that written protest, commence or carry
on any proceedings for the same improvement or acquisition under the
provisions of this section;
iii. Any protests may be withdrawn by the owner protesting, in writing, at any
time prior to the conclusion of a public hearing held pursuant to subsection F., 2.
b. of this section;
iv. If any majority protest is directed against only a portion of the improvement,
then all further proceedings under the provisions of this section to construct that
portion of the improvement so protested against shall be barred for a period of
one year, but the council may commence new proceedings not including any part
of the improvement or acquisition so protested against. Nothing in this section
prohibits the council, within that one-year period, from commencing and
carrying on new proceedings for the construction of a portion of the
improvement so protested against if it finds, by the affirmative vote of four-fifths
of its members, that the owners of more than one-half of the area of the property
to be benefited are in favor of going forward with that portion of the
improvement or acquisition.
3. Fees paid pursuant to this section shall be deposited in a plauned bridge
facility or major thoroughfare fund. A fund shall be established tbr each planned
bridge facility project or each plarmed major thoroughfare project. If the benefit
area is one in which more than one bridge is required to be constructed, a fund
may be so established covering all of the bridge projects in the benefit area.
Money in the fund shall be expended solely for the construction or
reimbursement for construction of the improvement serving the area to be
benefited and from which the fees comprising the fund were collected, or to
reimburse the city for the cost of constructing the improvement.
4. Nothing in this section prohibits the acceptance of considerations in lieu of the
payment of fees. (Ord. 4051 § 1, 2002; Ord. 3996 § 1, 2001; Ord. 3854 § 1,
1998; Ord. 3665 § 1, 1995; Ord. 3588 § 1, 1994: Ord. 3574 § 1, 1993: Ord. 3515
§ (part), 1993)
12.24.010 Hauling--Compliance with chapter required.
It is unlawful for any person, firm or corporation to move, carry, haul or
transport or to cause to be moved, carried, hauled or transported any sawdust,
dirt, sand, gravel, rock or other loose substance on, along or over any street
within the corporate limits of thc city save and except under the conditions set
forth in this chapter. (Prior code § 12.12.010)
12.24.020 Construction of containers to prevent leakage.
All boxes, carts, wagons, trucks, drays, vehicles or other receptacles used in
moving, carrying, hauling or transporting any sawdust, dirt, sand, gravel, rock or
other loose substances on, along or over any street within the corporate limits of
the city, shall be so constructed as to be sufficiently tight and strong to prevent
any sifting, leaking or spilling theref?om, and no sawdust, dirt, sand, gravel, rock
or other loose substances shall be moved, carried, hauled or transported on, along
or over any of said streets unless the same is in such box, cart, wagon, truck, dray
or other vehicle so constructed, and no person while moving, carrying, hauling or
transporting any such substance on, along or over any such street shall allow or
permit the same to sift, leak, spill or go on or upon any such street. (Prior code §
12.12.020)
12.24.030 Cleaning up after dumping or unloading.
Upon unloading or dumping any box, cart, wagon, truck, dray, vehicle or other
receptacle which has been used in moving, carrying, hauling or transporting any
sawdust, dirt, sand, gravel, rock or other loose substance and before leaving the
place of such unloading or dumping and before going on, along or over any street
within the corporate limits of the city the person or persons in charge thereof
shall remove or cause to be removed therefrom and f¥om every part thereof all
loose sawdust, dirt, sand, gravel, rock or other loose substance to such an extent
that the same will not spill, fall or go on or upon any such street. (Prior code §
12.12.030)