HomeMy WebLinkAbout10/10/1991 B A K E R S F I E L D
Ken Peterson, Chair
Kevin McDermott
Patricia M. Smith
Jack Hardisty (Staff)
AGENDA
URBAN DEVELOPMENT COMMITTEE
MEETING
Thursday, October 10, 1991
12:00 noon
City Manager's Conference Room
1. Congestion Management Plan (Ed Schulz)
2. Parking Commercial Vehicles in Residential Zones and Fines (Jack Hardisty)
3. Push Cart Vendors Ordinance (Bill Descary)
4. Block Party Fees and Permits
5. Set Next Meeting~
Concerns by Councilwoman Brunni
vj 1. It is not apparent that GET is meeting all standards in the plan.
v/ 2. Principal arterials are not defined in law. Seventh Standard Road and Stockdale
Highway from Highway 99 to I-5 are' questioned.
J 3. LOS says in writing that those below standard can remain there. The GET
standards do not say that in writing.
d 4. GET's lack of compliance would become the City's problem because that would
hold up all the 100 and 111 money of the city.
,/5. Why ar'en't the bus systems in Section 3.5 included in Section 3.4.17
e/6. In 4.3 - "Air Quality Attainment Plan" - no such thing.
4.3A - "Air Quality Rule" - not defined.
4.3B - "Transportation Control Measure" - whose?
7. 4.4 Appendix A. Delete and replace with SE Desert Rules.
8. 5.2A. Has a model been run for a benchmark on up to date 2010 plan and has it
been shared with us? Council hasn't seen it.
9. 5.2E "below the adopted level of service standard !!! Is this subject to LOS '
F's now?
10. 5.3D - There is no approved list of improvements, programs or actions available
for review:
11. 5.5 -.Take this out.
12. 6.3 - This is way out.
a:cmp
i ~ CONGESTION MANAGEMENT PROGRAM STATUS REPORT
~ : ~ACT C(XJNTY CONTACT OESIONATED DATE DEFIdED STANDARD ~ BASIS EL~dENT BASIS T't~E TYPE STATU~ CCC DATE
Ii DISTRICT 2 SHASTA ThomaIl Hlywmd; Shlatl Regi<mlJ Trlnll~Od~llo~ Nov-90 Ocl-91 FINAL DIE F.I3vl t,41N~TP
~ 6eventon Plmmmg Agency: 186S PIm:~ St,:
l'~ (giG) 225-3,6, P.~, CA
!,',~ OISTRJCT 3 ~BiJTTE B~lty~ KW; 9u110 Counly A~x:iilon M DMo? O®c-gl FINAL
t*** B~l~ Witi~m 7 COnlM '
Coumy
Odd:
t :: (916) 324-1S63 Ofov4k, CA 959~5
,;,~ Pt.~IC~ER Jgck W~ln: PtlN:~f County Locad Sop-90 Aug-92 FINAL Orill ~ SRTP~ Drift Exllllftg 2-Phil® MINUTP EJR
~ Trlnlpodldkm Commllelo~; County Admlnleitllion
I '~ CaNto*; 11444 e Ave.; Auburn, CA 05603
~,~ ~: SACRAME~ffO J~l SchnItde~; S~ctmmento Tl*e~,q~ofl~llonJul-90 Aug-91 FINAL.D/E ~ 212/HCMCo~'rldo~'lC90 Final Ai~' Ouml#y Annual CumSACCO Finll Prior
6UTTER Bob B~;ell; SUlfa County Pubk Wo~ka; D~le? 0c1-91 FINAL
~.'t 1100 Civic Canl~ Bo~vlrd
i:i ~ MI, All. tie Do4I; Yo4o Trmr,~# Aufh(x'lty; Aug-00 Oec*g, FINAL C/O PluI 212/HCM ~ 2-Phu® 6~OO Final FEIi]CXEIC 24-Jul-91
· . 825 F. ai St., Ste, 120 Exiatin9 EJF TCMe
r'.'. Y~JOA Bob B~frMl: S~ll~' County Ptzbk W(xk~; Diti? Aug-g2 FINAL
· Yub~ Clly, CA 95693
~ :i DISTRICT 4 .N. AMEDA Dl~nll Fray; AIImedl Courtly Jun-gl Ocl-91 FINAL E ' HO4 Ellllino Drill 'fl:lc ,00 Pt(.I.k. E)4vI~Jun-O! EI~
'.' ',' Bruoe Ce~:hm~n Trm~eakm Commla~ton: SecvJcl 100 Empl. Fk~l Io MTC
i ~ (415) 904.9602 399 ElmhLveJ St.; Hiywmrd. CA 946.44
*-~i '~ C4::)~r~co~I'A MIl~kl End, mi.'Mt; Co(lll'l. COlll Jin-91 Ocl-91 FINAL E I-CM ExillJno ' Drill ~ 100 Pk. Hr. E]vg4~2 Jul-9, EJR
':~' T~m~po~lallon Authority; 1340 Trill Blvd., SIrvlct 100 Empl. ~ Fkml Io MT(;
,.. St®.,54); Wlk~ul Creek, CA 94596
~:-~ MARIN John Edl; Mldn Puldtc WoOl; Jin-91 F~4)-92 FINAL D/E I-EM Existing Drill 'IRO 100 Pk. Hr. ~ Jul-gl
~" P.O. Box 4to0; (;ivac Cartier; Sttvicl 50 Erupt. GPA FinM lo MTC
:~' SI~ RIphiM, CA 94913-4186
[:.'~ NAPA M~. Ly~m H~d; I~ Courtly Conge~llon I~ Jun-gl
Agency; I,~ Coumy Depmlrne~t ol Public
;'~ 1195 3~1. St., Rm., 201; Nap~, CA 94559-3092
~'.' SANFRANt'CI~CO Cayman Clml~; S~n Fr~tc~co Tt~na~<)d~Ikxt Nov-90 Ocl-91 FINAL.E 14:;:M Exllting Drill I~edoa EIR MIT; I Jul-gl
~ ~: Sam Ffancleco. CA 94102
i ~ CONGESTION MANAGEMENT PROGRAM STATUS REPORT
~ TARQET TRANSIT
~ ~D ~ B~IS ~ BASI8 ~ ~ 8TA~ ~ DA~
~T
~*~ ~AC~ M.. ~ D~; ~. C~ C~ ~i~ S~-gt Nov-91 F~ D ~ Exi.ling Or.It
~": ~. ~; ~= Cms, CA ~71
C~; C~nly Admln~t;~ BulM~
~,~ 575 ~. ~., Rm. 1~ ~1 ~, CA ~ Smvlce
~1~ C~ A~ d ~m~; ~2 E, ~u ~,, CE~ ~. ?
::r'~; ~S) s4e-3t3e ~e. ti; ~ ~l. CA ~101
:: ' ~l~Y ~M ~o; ~m~ C~y Trl~M~ Me,-el Oec*gt D~ C (~ ~ ~
~" Cmm~M; 312 E. ANM 61. ~ Inltlll Slud
~'~ SM~M. CA 93~
~ ~ ~ST~T 6 ~ Wil~ ~m; ~ el Fr~ Co~ly Jmn.91 Sep-gt O~ ~ ~ D;III N~ Orell
CA
~721
MM~
,* Bmke~fleM, CA 93301
:,, ~ D~m Wi~: Tu~m C~ly ~ M Met-91 Dec-91 ~ ~ Drmlt ~D
'f' .: C~y C~ C~IM. tim 10; ~MI~, CA ~1
~':~ DIST~T7 ~S ~ ~lWer; LM A~M Co~y F~-91 Fl11-92 D~ EM ~ ~r. L~ Drill M~ T~ IW Tr~n Final E~
. ~ ~ ~ T~M~ C~IW: 810 W. 7th M.. Exim~ F ~ ~endm~
.'~ (213) 897-13~ Ilth ~.: k~ A~N, CA ~t7-~2
~'~ ~ ~1 ~1: V~lu~l C~nly Tr~lli~ Aug-~ Dec.91 D~ D ~ ~ ~M UnmM Finll
b.' ~m~: 9H C~y ~e DM. ~l. ~7: Ex/t~; E&F ~
~' ~' Y~tum. CA
Status as of October 1, 1991 Caltrans-DOTP, Tremain Downey (916) 445-5820 Page 2
:. - CONGESTION MANAGEMENT PROGRAM STATUS REPORT
I ~; ~ TAP40,ET TRANSIT
!.'-*': 51'ANDARO ~ ~ ~ MOCk. *C.I.P. ENVIR ADOP]I(3N
'~'.'~ OISTRICT 6 RIV~R~OE P~JI BImck,afeldef; Rive~'l~e Co~mly Auo*91 Jul*~l FINAL E
on Reg. I$ 200 PH Tq)e CVAO
~.~ SiI.NBF. RN~RI~I~O Ty 6*dMJIllno; 64fl Bemlfdlflo Counly Trlflqx~lmliofl Sep-~0 Nov-~l OR~FT ~ -E I-CM ~TP Drllfl ACIIMP Pfo~. Rev.RIVSAN Ofllfl hr:OOl~C;
~': Comndlmto~; 444 I~h Arrowhead Ave.. HOVIRureI-O ~p Ced~lp~'. Pll~
! ~ DISTRICT 10 ~ ~ CIm~; ~ C.4qJflt¥ kllo~iofl 04 Audi-90 Nov-gl FIN~ DIC HC:M
I i (20g)~46-7~06 IVm,wu.,;, CA
;. ~. SAN,JOA~t.~ [~ HiI~; ~ Jomquifl C~mly Co~n~ ,.,i M1,¥-01 Nov-gl DRAFT D I..CM P~elim.
· ' (Flol'ldm Neqw OFIAFT Regulllllone p~.ol.Gi. RTP
;. ~(X,ANO John1 P0nle; Sollno Transp~xt, mlk~ Aulhoffl¥ Nov-90 Nov-91 FINAL E 212/1'~M T;lnPl&n
~. . FetHleld. CA ~1533
'.~ ~TANi~i. AL)SMarl Boyef; $llmMl&u~ ^eel A~ocie~iofl No¥-90 Nov-91 ~ D/C
~, ',, d (]o~emmeme; 1315 I 8l.;
: J ' ~ OI:~FT
[ ? OISTRICT 11 SANO(E(~) BWI Tuoml; 5em Diego All--liOn1 o~ Oo~,~F-~',~:~-; Jim-91 Nov-gl DPJ~'T E
: ~ ef~) 688-6002 $~ C~. CA ~101
~*;:'? DISTRICT 12 ~ ~ Bu~e; Orange County Tmnlp<xla, liun Oct-g0 Jul-g1 FINAL E ICU ~qlP Flnml .~.._:_~ m'l 2400 ADT Oct-88 Frail l~,r'.--<:: 8-Jul-01
I.CM Reg 15 1114 (X:;TAM
i ':. EV~Te(I EV~I Aulhof#y; 1055 Noflh Main St.. $1®. 516; AGMP
Status as of October 1, 1991 Caltrans-OOTP, Tremain Downey (916) 445-5820 Page 3
~?, . /~./V~'_/. ~l~ ~ _~...-..~._:' i:.i!.~_.!~i'~i:~_:~._ ~_. . .. ..-~ .~.. .. _.? . ~ · ..
-- Golden Ernpire Transit-District -- ' / l:' !!.;.., :.:_:!?. .-'.-?.i::~xi'-i':.'..:'. .. '":'..'-"OCT 9 -'1991' .'-'"'...'.
..... ~ :'-'-:_ .' ,. '.. ,. ,'~. . , - .. ,,, ~_..,.'- ,
OctOber 9,. [99[ ' ' · :.--",' - ..- .... ENGiNEERiN~-DEP~RTMENT:."_.:"
~. ~d Sch~[z, ~b[~c ~o~s D~ec~or .
[50[ ~z~u~ ~ve~e ........ . .....
Ba~e~s~e[d~ CA 9330[ .... :.-. :-~:-. :: ..... '..'- .... ..... .-:..: '-.:.'--. _.:~:
· he Ca[~o~a Gove~me~ Code ~e~es. deve[opae~t.o~ a. congestion:...-
~ba~zed a~ea. ~he Cove~me~ Code also =e~es ~he C~ ~o
establish standards for the fr.e~ency and routing of public,
transit, and for the coordination of transit se~ices provided by.
separate operators. -
The proposed. Kern Congestion Management Program includes five
transit se~ice standards which are apPlicabIe only to the Golden
Empire Transit--Di'strict's fixed route se~ice, and one coordination
standard which applies to rural operators. --_The fixed route
standards included in the CMP are the District's currently adopted '
standards which, have been, used for nearly 10 years. .'
The-proposed CMP-transit standards are listed below~ ~l'so' included ' ',: ......
is' a-discussion of the District's ability-_to~..comply~..with..these. ,,.
standards. -:- -~ ~
_-~EADWAYS ..... Sixty, minutes shall be the maximum, am0~nt~ of~ time ..,.. ,
between' buses on all routes' - .... ~-~, ~--' - .... . .......
"~ ', The District ~urrent'ly'meets .thiS..'standard~.f.or~ all~:routeS.with,?.
· ., one exception. , To avoid~ an i~ediate','deficiency'as' a' result ' ":"' '"':'~
.... : "~' of..' _this rOute',-'., the:-.District': proPoSes-~ .that,-. the ~p. include'- -'.:''"' ":-:':.:.'? '. ~'~
!an~age to exempt' any tranSit~.se~ice .which: is' Operating.. ·
. · below- ~he. standard,- when the ~ CMP ~is :_~dopted.~.'~-~.This_..se~ice .
..... -.., ~:.:. ~ ....... would, not' .be,_ re~ired., to: meet'~ the~a~optedj~tand.a~d~..~ but .:would~.,-:~,'
..... : not- be allowed to degrade beloW" the'existing` level-~' T~i's is .7:':-~::~-..: :-':.
' ' . · :~' .'~'~3'..~ consistent'..with, the. manner- in: '.which? the:~CMP:::.tre~tS~:existing::;~.~::~:?~::.:~-~,:.~:~
' ' · road' deficiencies.'. ' . -' ." " ~'- - ' ..... ..' .' '- "' -,~" .... :~ .......... "'-~.
:-. ':~' ..:.:+ ",.',:?SERVICE- AVAI~ISITY.:-. Ninet~:.::PerCen.~,~'of~:~the..~:se~i~e~.area~.:~:l.?~.,~:~:~:'.
-.. ,. D~s~rict _' continues ..to meet-~', this~ ' 'standard.,.: ' semite.:'_
.- '... :-. ~.'...::: ava~labi~ity in' the_ metropolitan.` area..Will ::be-~furth'er: enhanCed~:-,....
' '. ::-,'': ~.by the.planned, e~ansion of RoUte.` iY' alon~::-'M~ng..Ave~e. to Oi-d::'?"
... River Road to se~e the neW Mercy Hospital. '. ' -- -
1830 G01de~ State Avenue Bakersfield, California 93301:" (805) 324-9874 FAX (805) 324-7849
two normal city blocks in highly: developed'areas~-- In areas
that are rural in character, bus.. stops shall, be based on'
demand for transit service.
There appears to be a great deal of confusion~regarding this
.standard. Some people feel that this. requires bus stops to.
be 'located throughout the entire' metropolitan.area. The
.District proposes..: that the CMP- include language'. Which.
..... :indiCates that this standard' only refers.tothose:-areas~:where
there is a transit, route. The'District has always met this
standard.
DIRECTNESS OF SERVICE.- No more than. 25_ percent'of, the._~otal
sys~m. .-~. riders.shall be required.to transfer in order to reach
their destination.
This standard refers to the convenience with which Customers
are able to complete their 'transit trips. The District has
_consistently met this standard.
SPAN OF SERVICE - Service shall be provided on all routes from
7:00 a.m. and 7:00 p.m.
The District currently provides transit service from 6:10 a.m.
to 7:40 p.m..and has been in compliance with this standard
since 1986.
Recently, there has been a great deal.of discussionregarding the
District's ability to comply with these standardsl Several:people-
have expressed concern~that these standards are. too.difficult and
that their inclusion in the CMP will. result, in. an..immediate
deficiency. These allegation's are not true.
As youcan see from thepreviousdiscussion,..the. District..cUrrently
meets or exceeds~the proposed standards. In additiOn~'sectiOn 3.3
"of-the Kern'-Congestion ManagementProgram States!that-,,anY~transit
service that does. not.comply, with the standards will 'have a period
of three years from the' finding of non-combliance ..with the
CongestionManagement. Program to.'conform~to-..the~'standard.~
langUage~ which was'included by CityandCountY-staff,~'Protects the
'area~from. having'a transit.deficiency-mmed~ately--upon-~adoptlon-~-of~i..~._~-i:
the ~MP. The three year."grace periOd" 'provides sufficient time
they -are determined to 'be. unreasonable- at: some: point~:n::t-he-- future.:
r~preSent "desireable. ~oals". as :s0me...People.'have:suggested. The.
District's adopted' standards' are intended-to/.-provide
level of transit service for an Urbanized area.' ~ Desireable goals
for. publiC, transit~ service would be-i--much hiqher'.than.lthose.
contained~in the CMP. -' -.-~ ...... :'..: -. -.
Finally, I mustexpress-my concerns ~egarding-the.approach'that~the~'
CMP committee has taken with regard to~_~preparation, of~?the~!.~i~
Congestion Management' Program.. In adopting the CMP~legistation~,
~'the State Legislature declared that'"it is intended that federal,-~
state, and local agencies join with transit districts,..business,
private· and environmental interests to-develop and implement
comprehensive strategies needed to develop appropriate responses ~ .-... ~
to transportation needs." ........... ~--- ~
The approach that the committee has-'taken may._ comply with the
technical aspects of the CMP legislation, but~it completely
the legislative intent in requi~ing development of a ~CMP~ This'
approach is likely to result~in a lessening°of-loCal-'controt in the
future as the State feels compelled to implement more~stringent
requirements to achieve the intended goals ofthe~CMP~legislation..
Please feel free to contact me if you have. any questions~or desire·
to discuss this issue in more detail.
Sincerely,
Steve Ruggenberg ..
General Manager
cc: Kern Congestion Management Agency
~ .., ~ .... . ~~.~ "requirement for ' development ( of ,.;..a' } Congestion
management. Plan '( "CLX" ), is Set _forth in Government ·Code Sections
· 65088 through 65089.6. ':It.requires that 'a congestion management
:plan be "developed, adopted and annually updated for every county
· '"'.that includes an urbanized area ...'" (§ 65089(a)), "by the county
-':transportation' commission or another . public agency.il.j-~..The Kern
}'-~. Council of Governments . ( "Kern COG". or.~'''!cOG'' ) .is 'the. agency given
beloW2'~ ~lon~ W~th' them are those~element~'a~ conea~ne~ ~n the"Kern
'..v.'?~:PrinciPal 'arterials within 'the -County ~(pp~ ..:2,3), ;?~and 'does ~ot :: :' ...'
include an~ roadways 0thor than thoso mandated b~ statu~e.~. :',f. JL~-~.? :,',''
~emo to Larry Lunardini
'Re: Congestion Management Plan '
,'October 8, 1991 '... ~':-. -..<::~:- ~.~. --.~ .: .. -: . i'~'-'. .....
· ...:~. --... The cMp adopts "level of service E as the LOS standard,
... which is the lowest leVel possible under the statute. It also
.... establishes that any roadway se~ments currently operating below
that level shall not further degrade. (p.. 4). '-:For such segments,
,.,~ the responsible jurisdiction is required to ~'Prepare and adopt a
~. deficiency plan. : These :plans are to be adopted by .the agency
: following a public'hearing. (p.' 9). · ' - '
.-for the frequen,.cy 'and routing 'of 'public
transit, and for the coordination of service by separate operators.
(~ 65089(b) (2)). . - --. _
- -. The statute is not specific .regarding how the standards
fOr frequency and routing, or the coordination of service, are to
"be determined. ' Chapter 3 ~f the. CMP establishes frequency and
routing standards for Golden Empire Transit District ("GET".), which
· . :'- include headways, service availability, bus 'stops, -i~directness ~f
service and span of service. : Those Standards which have-been~-.
chosen for the CMP appear to be Completely discretionary with Kern.:
COG. · <IP. 5)." 'There is .no reason.why the standards could not be
':':-' made more or"less stringent than those chos~ by ithe Kern COG.-:"'::i '?..?-.~ ~. .
service' is-acComplished by"reqti£ring all
rural transit ioperations providing 'service' into Bakersfield to stop
· ' i. ~at '.one' of a number of GET...transfer~ Points ~. /(p :' "6 ) ."'::.' i'~?:- ~' '~...~;:j..~:::. ~' ,-~<-'i'~.f:
:-- - . alternative trans~rtation me~o~. '( 8 65089 (b) (3) ) ." :',,~.>L :..'-~.:.;-:?/. ::'-.-:~: ' ,~.~j?
"~ ":¢ :.?¢,!.?.'s~tisfying' :this .':element'~~ :.~?'First ;'-: :cities' may'-,adOpt' ',.a ', geso'lutibn: ::}'~:.'.; :-. .
-. '.(.-: ~/~ '::~'~:::, ?bndorsing the ': adOpted. "Ail" ?QuaiitY' '~t'taiment plan';-:%hic'h., includeS'~/~.¢?
: ~ :':~' 'e'~?~~ transportation contrOl 'm~sures' which Would' 'S'~tiSfy "this ~'~lement 2'~.~j.'?.J'~...
' ' .'-~ ;:/':~Se~ond, .'cities may' adopt "~ ""t~ip ~edU~t'ion/t~aVel '.demahd Ordinance' ~':~:':-'-:~'~':' '-
-"~' ...~>~?'Which equals or is' more stringent'~than'-~the"measures Contained in".'/~:~'~j.
'..' '.~;::~'the' transportation cont~61 measuge~ ~in' the Air'Quality "Attai~ent ~?'
'. '. ' ~ ': ~'~'~{~',.~ '~'~:~w~:',. ~:~.3'.~; .'?:' .~- "~ .... ~ ,,C.~ '13f'~ L%-.~.''' · ~.':,~'~'~?C~..= '/ , ~'.,,' ~t~-",. :..%' ~'" .'~ ?,'~ .~'~-'.:";t '.'%-/:~: :~,'~. -.~D'.-:. _"
.. ~'~';'~".~9%~,~ ~*~?~'t ..... ~"~ '- "' ~ '" ~ ~: './'~"~'..:- ' '.'~-.~$..~.~C',.~''~. .... ,'-"'.L~,~.~.;~' '~'.. ~,i - l~'~.~',=- '-:, :~ ~r"-i ~," ~','.'-
-.-'~ .... ~" ~;?:--': ?~':' : ;.The CMP originally included an 'Appendix ,A" , "- which set ~-':~'-":~"
:'" forth the transportation-'Control' measures proposed by ~tho :Sah
) :- . ''.. .
~?.C'aoaquin Valley Air Pollution ~ontrol Dis~rict.'~" "'(:It was these-~.;:.. '~.
'~_,~.measures which appeared :to 'cause the .greatest concern "t0 the
, , Planning Co~ission ~at its hearing on 'the '.CMP ':It ~as not
. .necessary to include Appendix A -in the CMP, :as it has not yet '~
-'.~ :-'::'?.' ' '."-~.. ~. -.'~'~ .-:~."~"--.~- ,..~.. -~.. '.' ~ ' ~.~.. ,.'L~'~",~,~ ~ .::.~ ~::.-::: ".~'.~"-.:.~'~.' ~' ' "~.' . '~': :~ .'~.~:?.' / '
.- . :-' ~...' .~ % ·. : ~ ~ ~" ~_~'~:~;:'.~ - ~ -.. ~-': ?' :~,~:-': ~: .: ..,' '.~:-',:-L.i >-%. · .-. '~.~ '!: · . ?: ,?.'..'. %:.- '.. ", : . ..,.: . ~/.. ~'. ':'~ ~/~:~,,: .
" ' '.' i'" :~.~: .. · -,~ ' '~'~ '~. VT, ~.':~;,' , ."*.i '~' .... '? ~ · ~' ~.~'~'~U~"~'~;~ ~.. ~i'.~,' ~",-:?'" "~'~'~ ~ -~', ~'~.~:'". "> , -') '~
~emo to Larry Lunardini
- Re.- Congestion Management Plan
~ October 8, 1991 .... .( ..
been adopted. It is included for informational purposes only. if,
however, these measures are adopted by the District, they will
apply to Kern County regardless of the CMP, and the trip reduction
and travel demand element in the CMP will have to be at least as
stringent as those measures. ~ . ·. -·.
-4. A program to analyze the impacts of land use decisions
. · made by local jurisdictions on regional transportation systems,
.. including an. estimate of the cost of m~.tigating such impacts.
· ' Chapter 5 of the CMP requires· local jurisdictions to
catalog all approved general plan amendments and. zone changes on
a quarterly basis, and' submit them ~o the Kern COG staff for
monitoring. '/-'The Kern COG staff will'then annually analyze ..the
· impacts of these' decisions On the CMP network. If any~segments
· '.' are found to fall below the adopted LOS standard, ~'the responsible
'jurisdiction will be required to .adopt a deficiency plan described
· - in paragraph 1, ·above, which is required by statute -...
. .~;-.' .':': 5. .: A 'se~en-year capital improvement Pr°gram'~0 'accc~Plish
· those items set forth in paragraphs I through 4. (S 65089(b)(5)).
.... . .-i.:~·':Chapter.. 6 of the CMP ~'s extremely 'ConfuSing'. ..'It? sets
': forth a Capital imprOvement program which ·includes a number of
-".'. ·PrOjects which have been divided between'"candidates' for ~he
~: Flexible CongeStion Relief Program'(FCR)" and "projects that must
- ~...be in the·Regional Transportation Improvement Program (RTIP)" '
"'".i.:-...clearlY .exPlained what these programs are or where"'the:~necessitY
.":.for such .programs Originates. 'f:.I assume that suchi~:pr0~rams are '.
'·".required elsewhere in the State"law,-::but it is'"certainly not made ....
:the 'Planning staff that Section '6.3· of the CMP,-which States that
_-.a. "TSM" project not on the State Highway network must 'maintain or'
· / improve the LOS and performance standards developed in the CMP, 'is
· ·-not accurate. According to him, '.there is no requirement ~for.
· /"improvement of the LOS and performance standards." .Again;'~this 'is
-'~· ·'difficult to evaluate without knowing where the standards for such
· . :'." ..:. : 6..::.An annual monitoring system for the 'Agency .to--evalu~te'
:'.y::.. each city' s Conformance to. the CMP and a provision for 'withholding''.:
~emo to Larry LUnardini
Re: .Congestion Management Plan
t October 8, 1991 ~- . ... ~' . .
Page 4 .·!·.ii .:-- ·~
of state" funding if such nonconformance is not corrected within' 90
days of notice. ('SS 65089.3 and 650'89.4).
.... Chapter 7 of the .CMP sets forth a system for monitoring and determining nonconformance to the CMP as follows:
~' 1. ' If Kern COG finds that the-city is not conforming
With the requirements of the .CMP, Kern COG holds a public hearing
to determine· such nonconformance. .~: ..... . ,.. · . ·· _~
2. After the hearing, Kern· COG must notify the' city in
writing of the specific areas of nonconformance.
- .·, 3.. ,.If, after 90 days from receipt of the written notice,
the City has not conformed with the CMP, 'Kern COG submits its
finding of nonconformance to the state.: ~. -.... . .........
~ . .. W~thhOlds ~' . . .. .... . ....
' · 4. The State funds. "; .....
· -~'.. '. ',': '." .' ?'i.' '' : "'~' ' :': ' ' .' '
· .All of these provisions are Specifically'~re~Crib~d
~ 65089.4'. · Neither this statute 'nor · '.chapter '7 ..Contain any
.. . provision for the appeal of the determination of nonconformance
· _ -'Interestingly, the title of 'Section 65089.4 · is ~'."Finding 'of
~. ~'nonconformance . to elements · of Program; ' 'Appeal; · .Withholding of
· Funding." Although it appears that an appeal process was intended,
~. .¥~ no ·appeal process is .contained within 'that ·Statute.` ~It ...would,
~..'. ~- however,'be permissible for the CMP 'to add a_provision for
'.: which it has not.. ~ .~ , ~:'.':' .~ .... ':'~".:~'".: .... ':~ .... .~.:~'. ''>'~.'.~.':.?."':... ~,
. .. :~:./::.-: ~. ,::/~ :-:::lin summary, many of the .-~requirements' 'Set for.th"in' the
· - . '. ::CMP are specifically reqUired by"' ~tatute.'::~:~'..:Those· WhiCh ' are ' not,"..~.i/(:-
· "..""-;'...?sPecificallY Chapter 3',' 'are purely' disCretiOnary, an~ 'Could be more
· ' ":i''i'~ ':. or ~less stringent than Set forth· in the 'CMP. ::' MoreoV~r,;-?Chapter 6
": ,..~s so confusing as to be incapable" Of analysis in its Present form.'"i~?.
/' ':..' :'it appears from 'the text'·that .its 'requirements are alsO'Set 'forth' I::-,~
· "' .-in ".state ~%law, '·- but without ..".being ?.igiven "the ·sOurce' iiof ·.."Such
~'!_,...requirements, it 'is hot 'clear.~?:':/.FinallYl 'while"not requir'ed .by
.". j-.state law, an ..appeal '.proviSion ,.:of :~.the ':determination" of
· . ·'!nonconformance by Kern COG prior to notification to .the State 'tO
Withhold funds, would be permissible and may be desirable.
' LCM/m ....... ........ " :~'
· ' · ' "' '!u" J; '" :' ' " - '~:
CMP.M-3 ~ :~' '. '·'i'?:?;':.'. :- '-~...'"'... ..:::·':~.' ":".' :: '"
.... " '. :- -'~: .... ' .--- -' . '.' ' '/. ' - "' : :-'-/::-' ." : '-'- ::' "". ~:' ', "' ! :'.":'"..'"i': - ~,- ":.'.:
, '.cc: HOnorable May°r~ and ~city C°uncilmembers~:'' ".". :: .':,. ,-:~i'.-'.'
i ... ~ .: ~'. :.!. ~..i' 'J~ Dale Hawley, iCity Manager '~:?:?: --?~..~ '. "-~%-.:/. i/'i.--~ '.' .i' i. i-~ ?...' .'...i::i:.i~'/·: ~:..i.~...
DRAFT
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION
10 . 32 . 140 OF .THE BAKERSFIELD MUNICIPAL
CODE RELATING TO PARKING. OF COMMERCIAL
VEHICLES' IN RESIDENTIAL DISTRICTS.
BE IT ORDAINED by the council of the City of Bakersfield
as follows:
SECT O 1.
Section 10.32.140 of the Bakersfield Municipal Code is
hereby amended to read as follows:
10.32.140 Parking of commercial vehicles prohibited in
residential districts..
A. It shall be unlawful, except as provided in
subsection C. of this section, for any person to park or to leave
standing in a residential district, including its streets, any
commercial vehicle having a manufacturer's gross vehicle weight
rating of twelve thousand pounds or more.
B. It shall also be unlawful for any commercial truck
tractor or trailer having a manufacturer's gross vehicle weight
.~ating under twelve thousand pounds to be parked or left standing
in a residential district, other than on the public streets,
except as permitted in subsection C. of this section.
C. The prohibition set forth in subsections A. and B.
of this section shall not apply to any commercial vehicle making
pickups or deliveries of services, goods, wares and merchandise
from or to any building or structure located on a restricted
street or delivering~materials to be used in the actual and bona
fide repair, alteration, remodeling or construction of any
building or structure for which a building permit has been
obtained prior to such delivery.
D. For purposes of this section, "residential district''
means any property located in any R-1 (One Fa~?ily Dwelling) Zone,
any R.S. (Residential Suburban) Zone, any.R-2 (Limited Multiple-
Family Dwelling) Zone, any R-3 (Limited Multiple-Family Dwelling)
Zone, any R-4 (Multiple-Family Dwelling) Zone, any R.H.
(Residential Holding) Zone, any E (Estate) Zone, and any P.U.D.
(Planned unit Development) Zone, in accordance with Title 17 of
this code. The prohibition set forth in subsection A. of this
section shall apply to commercial vehicles of the specified weight
or greater parking on streets adjacent to and on the same side of
the street as.such residential district.
E. Any person violating the provisions of this section
shall be' punished as set forth in general penalty provision
Section 1.40.010.
SECTION 2.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shalI become effective thirty (30)
days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the .City of Bakersfield at a regular
meeting thereof held on , by the following
vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City'of Bakersfield
LCM/meg
VEH-PARK.O-4
10/10/91
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1019191
O~)'rNANCE NO.
AN ORDINANCE REPEALING SECTION
12.44.035 AND ADDING CHAPTER 5.45
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO PUSHCART FOOD VENDORS.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Section 12.44.035 of the Bakersfield Municipal Code is
hereby repealed.
SECTION 2.
Chapter 5.45 is hereby added to the Bakersfield
Municipal Code to read as follows:
Chapter 5.45
PUSHCART FOOD VENDORS
Sections:
5.45.010 Definitions.
.5.45.020 Permit required.
5.45.030 Application - Issuance - Fee.
5.45.040 Regulations.
5,45.050 Revocation.
5.45.060 Appeal.
5.45.010 Definitions.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the words set out in
this section shall have the following meanings:
A. "Person" means any.individual, partnership,
corporation or association of any nature whatsoever.
B. "Pushcart food vendor" means any person who engages
in a business of selling food and/or drinks on any city sidewalk
within the city, and does not include any business occupying a
structure upon a permanent foundation constructed in accordance
with the requirements of Chapter 15.12 of this code.
5.45.020 Permit required.
It is unlawful for any person to Operate as a pushcart
food vendor in the city in violation of this chapter, or without.
having first procured and maintained a valid permit from the city
manager or his designee.
5.45.030 Application - Issuance - Fee.
A. APplications for permits under this section shall.
be made on forms to be furnished by the city manager or his
designee, shall be submitted no less than fourteen days prior to
commencement of business, shall be signed under penalty of
perjury by the applicant and shall require the following
information:
1. The name, address and telephone number of the
applicant;
2. The name, address and telephone number of the
business;
3. Prior permits held and whether such permits
were ever revoked or suspended and the reasons therefor;
4. If the pushcart is to be stationary, the exact
location where the pushcart will be situated;
5. If the pushcart is to be mobile, the proposed
areas within which the pushcart will be. operated;
6. The business tax certificate number of the
business.
&~e~;~Whether the applicant has received health
department~ for this business;
B. The application may be accompanied by a written
approval from the owner of any retail business located within.
fifty feet in either direction and on the same side of the street
as the 'proposed fixed location (if any).
C. The application shall be accompanied by evidence,
satisfactory to the city manager or his designee, of general
liability insurance providing .coverage on an occurrence basis.for
bodily injury, including death of one or more persons, property
damage and personal injury', with limits as required by the city.
Insurance' required of the applicant hereunder shall.be primary
insUrance as to the city, its mayor, council, officers, agents,
employees and volunteers and any insurance'or self-insurance
maintained by.the city, its mayor, council, officers, agents,
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employees and volunteers shall be considered excess insurance,
over and above the applicant's insurance and shall not contribute
with it. The applicant shall save, hold harmless and indemnify
the city, its officers~ agents, employees and volunteers from all
~claims, demands, damages, judgments, .costs or expenses in law or
equity that may at any time arise from, or are in any way related
to, any activity addressed by this chapter.
D. If the application is not accompanied by the signed
approvals described in subsection B., above, the city manager or
his designee shall, within ten days of receipt of the
application, set a hearing upon the application. The city
manager or his designee shall by mail notify the applicant and
each business operator whose approval was not obtained, of the
time and place of such hearing, which shall be not less than five
days after the date such notices are mailed. At.such hearing,
any owner of any such business may respond as to the criteria set
forth in subsections E.4, through E.6. of this chapter. Within
five business days of the conclusion of the hearing, a written
decision shall be mailed to the applicant.
E. The city manager or his designee shall, in his
discretion, issue a permit if he finds:
1. That the application is complete and truthful;
2. That the location of the pushcart is no less
than one hundred feet, as measured along the public sidewalk,
from a hypothetical line extending out to,he public sidewalk
from the outer edges of the main entra~c~ any establishment
within which food prepared on the premises Ks Sold to the public.
For ~any establishment having more than one entrance, the city
manager or his designee shall determine which entrance is the
main entrance to the establishment. ·
· That the loc
3 at~of the pushcart is no less
than one hundred fifty (150) feet~from a location specified in a
permit issued another vendor pursuant to the provisions of this
chapter.
4. The business for which the application is made
will be maintained and conducted in accordance with all laws of
the city and the state.
5. That operation of such business at such
location will not present any substantial hazard to vehicular or
pedestrian traffic·
6. That~operation of such business will not
create an unreasonable hardship for any adjacent of neighboring
business.
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7. That the applicant has obtained insurance as
required under Section 5.45.030(C) of this chapter.
8. That a valid business tax certificate has been
iSsued for this business.
9. That the applicant has not had a permit,
issued under this section, revoked, unless the city manager finds
that the reasons for such revocation are unrelated to this
application.
10. That t~applicant has~_ ...... s~xry health
department
F. All-permits issued under this chapter shall remain
in effect until December 31 of the year in which the permit was·
granted, unless earlier suspended or revoked. All permits issued
under this chapter and in effect at the time of passage of the
ordinance enacting this chapter, shall remain valid until
December 31 of the year of such enactment, unless earlier
suspended or revoked.
G. The applicant shall pay a fee not to exceed the
cost of processing any such application and inspecting such
business as set forth in Section 3.70.040.
H.- Permits may be issued with conditions to ensure
that the pushcart will be operated in a safe and legal manner,
will not disturb the peace and quiet of the .neighborhood and will
not constitute an undue burden on city resources.
5.45. 040 Regulations.
A. No permitholder shall shout, make any outcry, blow
a horn, ring a bell or use any other sound device including any
loudspeaker, radio or amplifying system where sound of sufficient
volume is emitted or produced therefrom capable of being plainly
heard upon the streets, alleys, parks or other public places.
B. No tables, chairs, boxes or objects other than the
permitted pushcart shall be permitted on the public sidewalk.
C. Any permit issued pursuant to this chapter shall be
non-transferrable, and shall be valid only as to the applicant
and location provided On the application for such permit.
D. Except as expressly permitted by and in accordance
with the provisions of Chapter 12.44 of this code, the sale,
offer to sell, advertising or display of merchandise on any
street or sidewalk in the city is prohibited.
5.45.050 Revocation.
Any permit issued pursuant to this chapter shall be
immediately revoked by the city. manager whenever he finds:
A. That misrepresentations were made on the
application; or
B. That the applicant has. been convicted of a crime
substantially related to the qualifications, functions or duties
of the business for which application is made, unless he has
obtained a certificate of rehabilitation; or
C. That the applicant has done any act involving
dishonesty., fraud or deceit with the intent to substantially
benefit himself or another, or substantially injure another; or
D. That any of the terms or conditions of said permit
have been violated, or that 'the business has been operated in
violation of local, state or federal law.
5.45.060 ADpeal.
A. Should any applicant be dissatisfied with the
decision of.the city manager or his designee not to grant a
permit or for the revocation of a permit, then said.apPlicant
may, no later than ten days after notice of. such decision is
deposited in the United States mail, addressed to the applicant
or permittee at the address provided on the application,'make
written objection to the city council setting forth the grounds
for dissatisfaction, whereupon the council shall hear said
objections at a regular meeting no later than three weeks
following the filing of the objection with the city clerk. The
applicant shall be given written notice no less than three days
prior to said hearing. The council may, upon said hearing,
sustain, suspend or overrule the decision of the city manager,
which decision shall be final and.conclusive.
.B. Pending the hearing before the council, the
decision of the city manager shall remain in full force and
effect and any reversal thereof by the city cOUncil shall not be
retroactive but shall take effect'as of the date of the council's
decision.
SECTION 2.
This Ordinance Shall be posted in'accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on , by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRF~CE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BUS-ORD\
PUSHCART.O-4
10/9/91
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