HomeMy WebLinkAbout08/02/2007...~_
B A K E R S F I E L D
~-- "' f2S Zack Scrivner, Chair
Staff: Rhonda Smiley Harold Hanson
For: Alan Tandy, City Manager Ken Weir
AGENDA SUMMARY REPORT
PLANNING AND DEVELOPMENT COMMITTEE
Thursday, August 2, 2007 - 1:00 p.m.
City Manager's Conference Room -Suite 201
1501 Truxtun Avenue, Bakersfield CA
The meeting was called to order at 1:04:14 PM
1.
ROLL CALL
Committee members present: Councilmember Zack Scrivner; Chair
Councilmembers Harold Hanson and Ken Weir
Staff present: City Manager Alan Tandy; Assistant City Manager John W.
Stinson; Management Assistant Rick Kirkwood; Assistant to the City Manager
Rhonda Smiley; City Attorney Virginia Gennaro; Associate Attorney Michael
Richards; Public Works Director Raul Rojas; Development Services Director Stan
Grady; Civil Engineer Ted Wright; Associate Planning Director Jim Eggert
Others present: Linda Vernon, Bakersfield Association of Realtors; Cassie
Daniiel, Home Builders of America; David Bratchon, Automotive Radiator; Jerry
Armstrong, City Auto Group, Inc.; Stephen Montgomery, Abate Motorcycles;
Kevin Burton, Young Wooldridge, LLP; Steven Teglia, Chamber of Commerce;
Vickie Martinez-Tate, Auto Source America; James Geluso, Bakersfield
Californian; Bob Decker, McMillin Land Development; Cal Rossi, McMillin
Homes; Donna Carpenter, Sikand Engineering; Bart Nieland, City Auto Group;
Lyn Espericueta, California Auto Sales; Jay Gauttier, Bakersfield Auto Sales;
Dave Dmohowski, Premier Planning Group; Amity Addrisi, KBAK / KBFX; James
Bratchon; Dianne Hardesty, Bakersfield Californian; Ron Leavitt, CUDL; James
Tate, Auto Source America; Patricia Tate, Value Car; Danette Romero, Camera
Ads:; Suzanne Grant, KUZZ; Araceli Herrera, CGA Motors; Carlos Herrara, CGA
Motors; Darryl Tucker, SunCal Cos.; Roger McIntosh, McIntosh and Associates
2. ADOPT JUNE 14, 2007 AGENDA SUMMARY REPORT
Ado;p~ted as submitted.
Planning and Development Committee
August 2, 2007
Page 2
3. PUBLIC STATEMENTS
Dave Dmohowski, of Premier Planning Group, asked that the Committee refer to
staff Senate Bill 375, and requests that the City take a position of opposition.
City Manager Alan Tandy advised Mr. Dmohowski that the City has sent
correspondence in of opposition on this bill.
4. DEFERRED BUSINESS
A. Discussion regarding the Electronic Message Signs -Grady /Movius
Development Services Director Stan Grady gave an overview of the
memorandum provided by staff which addresses the use of electronic
signs. Because of the difficulty enforcing the existing ordinance, staff is
proposing that should the Committee allow electronic signs, they would
consider set backs in residential areas, and allow only the electronic
message pylon signs for shopping centers and stand alone retail stores of
50,000 square feet or larger. City Manager Alan Tandy added that if
efforts are made to control the brightness or duration of the electronic
signs in the community, it will become very expensive and costly to
monitor.
Committee member Harold Hanson expressed concerns of lewd or
pornographic content that may be displayed on electronic signs. City
Attorney Ginny Gennaro advised that the City can not regulate based on
content, and suggested that the City continue to enforce the ordinances
that are currently in place. City Manager Tandy clarified that with regard to
applying the definition of lewd content, the only difference between the
existing ordinance and what is proposed would be one has motion and the
current sign would be static. Therefore, there would likely be no difference
between what might be considered a depiction of a lewd act as defined by
the existing or proposed ordinances.
Committee member Weir motioned to follow the staff recommendation to
allow electronic signs with the conditions noted above. The committee
agreed with all ayes. A draft of the ordinance will be provided by staff at
the first Committee meeting in September for further consideration.
B. Discussion regarding Temporary Signs -Grady /Movius
Development Services Director Grady discussed the memorandum
summarizing the workshop held with the Greater Bakersfield Chamber of
Commerce, City staff, and new and used auto dealers. The memorandum
divides the issue in two parts: 1) Used car dealers expressed interest in
pennants, pole banners, feather banners, flags and balloons; and 2) New
car dealers expressed interest in pole banners and balloons. All other
Planning and Development Committee
August 2, 2007
Page 3
signs would conform to the City's current requirement for special event
permit. Staff is suggesting that if the Committee is inclined to modify the
ordinance to accommodate some aspect of these types of signs, that the
ordinance be amended to allow just the pole banner signs, which will
provide for the ability to distinguish the used car lot. All other signs will be
required to go through a process to use a special events permit.
Committee Chair Zack Scrivner advised that during the meeting at the
Chamber of Commerce, a request was made by the manufacturer's
dealerships to allow, in addition to the pole banners, a banner or balloon
on each vehicle to advertise a sale. Assistant Planning Director Jim Eggert
stated the New Car Dealer Association requested the following be
allowed:
- Large banners of 72 square feet in size;
- An 80 square foot banner used between trees and poles;
- 16 inch balloons per car;
- Extend the event period from five times a year to six times a
year;
- Increase the advertising days from 45 to 60 days; and
- Allow windshield and under hood advertising.
Mr. Eggert pointed out that lending institutions and credit unions use
banners indicating financing rates. Staff suggested that the dealerships
use reader boards that can provide a number of uses for advertising,
become permanent, and have the ability to change out when new
promotions arise. Mr. Eggert also noted that pole banners can accomplish
the same task. The use of these items would not require a change to the
current ordinance.
Comments were raised by used car dealers requesting the City to set its
objectives and modify, not limit the use of streamers and pendants when
amending the current ordinance. Mr. Grady responded that at the time the
sign ordinance was written, consideration was given to aesthetics, the
amount of clutter, and the image it projected of the City. Mr. Grady also
added that the Committee would have to decide whether or not there is a
change in circumstances that would warrant amending the ordinance.
Several business owners of auto dealerships spoke in favor of the
enforcing the City's current ordinance, and suggested that other
businesses take into consideration how the signs and banners obstruct
views and clutter neighborhoods.
City Manager Tandy recommended that staff provide renderings of
different versions of intensity, from modest to extreme, and share them
with the Chamber and Committee to base a decision. Committee Chair
Scrivner concurred with the recommendations and requested the issues
Planning and Development Committee
August 2, 2007
Page 4
be deferred to next meeting in September. Committee Chair Scrivner also
requested a special meeting be held at the Bakersfield Chamber of
Commerce (facilitated by Steve Teglia) with local auto dealers and staff to
review renderings before the next Committee meeting.
C. Discussion regarding Motorcycle Parking -Rojas /Walker
Public Works Director Raul Rojas reported completion of 14 motorcycle
parking spaces, at ten selected locations, for motorcycle riders in the City.
The current locations are being monitored to determine if additional
spaces are needed. Mr. Rojas advised that the City does not have much
on street parking outside of the downtown area. Most other parking is
located on private property.
D. Discussion regarding County Response to Requested Changes to
Transportation Funding Task Force -Tandy
City Manager Alan Tandy gave an overview of the County's response to
staff's requested changes to the structure and organization of the task
force:
Staff should perform support function and should not be members
of the Advisory Committee. -The County agreed with this request.
However, County staff will be present at Committee meetings to
facilitate answers to technical questions.
2. Instead of creating a formal Advisory Committee by appointing
specific groups to formally participate, invite all citizens with interest
in the issues to attend, allowing equal status for all and not
excluding anyone. -The County agreed to this suggestion.
However, the County will continue to support the participation of
directly affected key stakeholders that can serve the dual purposes
of being a source of technical information and formal dialogue.
3. Meetings should be scheduled "as needed'; rather than by set
meeting dates. -The County agreed to this request.
4. City and County staff should schedule and allocate time for all
agenda items in order to keep the meeting duration reasonable and
to keep them on schedule. -The County agreed to this request.
5. The Word "Emergency" to be removed from the title, revising it to
"Transportation Funding Task Force': -The County agreed to this
request.
Planning and Development Committee
August 2, 2007
Page 5
6. The purpose of the task force is to identify funding sources for
projects, rather than to "author a transportation plan': - The County
responded with eight functions they want the Committee to perform
which include financial, highway planning, identification of priorities
and design standards.
7. Evening times are necessary, not only because City
Councilmembers have day jobs, but because it would also allow
members of the public to attend sessions. A 6:00 p.m. start time is
preferred for those reasons. -The County agreed to this request.
Committee member Ken Weir expressed concerns that the County has
taken the initiative to assemble a stakeholders group against opposition
from the City. While he concurs that the stakeholder group holds an
interest in what is going on, he does not concur that this is an all inclusive
list and certain people would be excluded. Committee member Weir
would like this item to be included on the next Transportation Funding
Task Force agenda. Committee Chair Scrivner seconded that motion. In
response to item number six, he suggests that the Committee make a
recommendation to both the City and County to formally adopt State
Route 58.
Committee Chair Scrivner asked if an agreement on a specific plan line of
the South Beltway to be the Route 58 needs to be adopted by both the
City and County. City Manager Tandy advised that whether the roadway
is the future Route 58, just the South Beltway or another parkway type of
street, is a separate issue. The specific plan line needs to be finalized and
adopted by both agencies before aright-of-way can be preserved. The
designation of that alignment as Route 58 must go through the City,
County, Kern Cog, and ultimately, be adopted by Cal Trans. Public Works
Director Rojas added that in the end, Cal Trans will make the ultimate
decision on the make up of Route 58 and where it will be. Staff is
requesting consideration of an official adoption of Alternate 15 with the
South Beltway to be designated as Route 58. Committee Chair Scrivner
recommended that this issue be agendized for the next Transportation
Task Force Meeting. In addition, he would like to agendize the Advisory
Committee, timed agendas, and defining the focus of the Committee.
5. NEIIIV BUSINESS
A. Discussion regarding Transportation Impact Fees -Tandy
City Manager Tandy discussed the relation of Item 3, and part of Item 4 in
the 9-Point Program that Council adopted to generate highway funding.
Item 4 is a broad scale update in the Transportation Impact Fees
themselves, which requires that the projection model used by Kern COG
Planning and Development Committee
August 2, 2007
Page 6
be made functional and up to date. Item 3 was necessary as an interim
measure to deal with the General Plan Amendments (CPA's) and
Environmental Impact Reports (EIR's) that are in process. City Council
and Kern COG have retained the services of Parsons to provide the model
projections. The process may take several months to complete.
Base on the adoption of the policies by Council, staff inserted a generic
condition on all impacted GPA's and EIR's, with the numbers to be
determined. Staff discussed an early collection methodology at the time of
mapping, based upon the proximity within two miles of any of the TRIP
Projects or the Westside Parkway. Staff received opposition to the idea of
an early fee collection, and that the idea would prove problematic from a
lending perspective. The City concurred with their position and withdrew
this method. The City is currently in the process of notifying each party of
the change.
Staff's recommendation for the interim fee increase on the pending EIR's
and GPA's is to add $2,865 per dwelling unit as an additional fee, and to
apply that to commercial, in accordance with the same formula and
mechanism used in the current Transportation Development Fee
Ordinance (TDF) and process. The fee was calculated by taking the grid
of the two mile buffer area, projecting the potential number of lots that will
be developable within that grid, and dividing the need by the number of
lots. An equivalent commercial rate is based on the current TDF standard
number.
The Federal Highway Administration (FHWA) mandates a realistic funding
plan and a Logical Termini Cost before monies are allocated for TRIP
projects. The funding plan consists of performing preliminary engineering
work on all TRIP projects and comparing the projected cost to the
earmarked reviews and the matching revenues. FHWA is currently
reviewing the City's plan.
City Manager Tandy provided the following summary to explain the logic
behind the TRIP/Westside Parkway Mitigation Fee Program:
Be/tways Earmark -Represents the four categories of projects and
the Westside Parkway. The TRIP money came out as four distinct
and separate batches of projects. The monies are dedicated
exclusively to those projects and cannot be moved or substituted
between earmarks.
2. TRIP Earmark Plus Local Match -Identifies the funds allocated for
each project under the four Beltway Earmarks.
Planning and Development Committee
August 2, 2007
Page 7
3. FHWA Required Logical Termini Costs - A premised upon how
FHWA reviews the financial plan, and determines release of funds
based on a logical termination point.
4. Additional Costs to Complete Trip System- Represents the monies
needed to get the projects to their idealized end termination point.
In order to complete these projects to their real end termination point, the
City will need a total of $928 million from a combination of $353 million
FHWA Required Logical Termini and $574 million in Additional Costs to
Complete TRIP System. These two sources include $240 million in right-
of-way costs.
Committee member Ken Weir asked staff to consider making the fee
applicable to development in general instead of the recommended two
mile radius. Staff concurred.
Several members of the audience opposed the interim measure, and feel
staff's recommended model is an arbitrary mitigation measure requiring
conditional approval. City Manager Tandy replied that the measure is
premised based upon a bond issuance that is paid back by developer
fees.
Committee Chair Scrivnerproposed atwo-tier system; 1) A fee that covers
$353 million for any development that occurs within logical termini point;
and 2) A fee that covers $574 million for any development that occurs
outside of the logical termini point.
Committee member Weir asked the Development community to come
back to staff to discuss the fee, and bring back an acceptable proposal to
the Planning and Development Committee for a special meeting.
The Committee agreed to continue the discussion at a special meeting set
for Wednesday, August 8, 2007.
6.
7.
COMMITTEE COMMENTS
None
ADJOURNMENT
The meeting adjourned at 5:09:36 PM
cc: Honorable Mayor and City Council members