HomeMy WebLinkAbout07/03/2008 B A K E R S F I E L D
Staff: Rhonda Smiley Zack Scrivner, Chair
Rick Kirkwood Harold Hanson
Ken Weir
SPECIAL MEETING NOTICE
PLANNING AND DEVELOPMENT COMMITTEE
of the City Council - City of Bakersfield
Thursday, July 3, 2008
1:00 p.m.
City Managers Conference Room, Suite 201
Second Floor- City all, 1501 Truxtun
ty Avenue, Bakersfield CA
A G E N D A
1. ROLL CALL
2. ADOPT THE MAY 6, 2008 AGENDA SUMMARY
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Update ate on Traffic p afflc Impact Fees—Tandy/ Rojas/Shaw
B. Update on Maintenance Assessments for Special Storm Drain Facilities
Required i
q n Response to the Clean Water Act— Rojas/Shaw
5. COMMITTEE COMMENTS
6. ADJOURNMENT
S:\Council Committees\2008\08 Planning and DevelopmentUuly\08 July 3 agenda.doc
B A K E R S F I E L D
Zack Scrivner, Chair
Wh-ohda Smiley, A ' tant to the City Manager/ P.I.O. Harold Hanson
For: Alan Tandy, City Manager Ken Weir
AGENDA SUMMARY REPORT
Regular Meeting of the
PLANNING AND DEVELOPMENT COMMITTEE
Tuesday, May 6, 2008 — 1:00 p.m.
City Manager's Conference Room — Suite 201
City Hall, 1501 Truxtun Avenue, Bakersfield CA
The meeting was called to order at 1:09:12 PM.
1. ROLL CALL
Present: Councilmember Zack Scrivner, Chair
Councilmembers Harold Hanson and Ken Weir
Staff present:
Alan Tandy, City Manager Jim Eggert, Assistant Planning Director
Rick Kirkwood, Management Assistant Jennie Eng, Principal Planner
Steven Teglia, Administrative Analyst III Raul Rojas, Public Works Director
Ginny Gennaro, City Attorney Brad Underwood, Asst. Public Works Director
Nelson Smith, Finance Director Marian Shaw, Civil Engineer IV
Jefferson Billingsley, Associate Attorney Darin Budak, Parks Superintendent
Ken Trone, Recreation & Parks
Mark Lambert, Engineer I
Steve Hollingsworth, Gen. Services Superintendent
Others present:
James Geluso, Bakersfield Californian Cal Rossi, McMillin Land Development
Cathy Williams, McMillin Land Development Tom Carosella
Roger McIntosh, McIntosh & Associates Barry Nienke, Kern County Roads
Nick Izadpanah, Parsons Chris Clark, Parsons
Lee Jamison, JACO Tonya Short, HBA of Kern County
Dave Dmohowski, Premier Planning Group Adam Terronez, Leighton Constructing
Bo Lundy, JBL Commercial Group, Inc.
Planning and Development Committee
May 6, 2008
Page 3
Building Director Jim Eggart provided a brief overview of the options available and the
costs involved. For freeway walls ten feet plus in height, the cost comparison for
scored/split face surface ($345,000 - $420,000 per 1/a mile) is approximately 5% higher
than the smooth face surface ($330,000 -$400,000 per 1/a mile). There is an approximate
45% difference in cost between smooth face surface ($726,000 per 1/a mile) and
scored/split face surface ($1,056,000 per % mile) for poured in place construction along
SR 178 and Fairfax Road. Staff recommends providing a 40% texture on block walls and
to plant vines on the freeway side of the block walls. For poured in place wall
construction, staff recommends the use of a smooth face surface and to plant vines on
the freeway side of the block walls. In regards to subdivision walls, staff recommends a
minimum 40% texture for all subdivision walls. For subdivision walls along freeways, a
minimum 40% scored faced, vines and irrigation system, and a ten foot-wide
maintenance road for accessibility. Ultimately, the decision to construct a poured in place
or block wall, is subject to engineering criteria and mandates.
Committee member Harold Hanson made a motion to accept staff's recommendation
regarding the freeway walls and subdivision walls and to forward to Council for
ratification. The motion passed with all ayes.
Committee chair Scrivner requested Cal Rossi of McMillin Land Development to provide
an update regarding existing wall issues. Mr. Rossi reported that McMillin Land
Development will meet with City Parks and Recreation staff and Caltrans staff to
coordinate an effort to turn a portion of the Hwy 99 City right-of-way over to Caltrans.
They will also meet with City staff regarding options on funding for the remaining portion
of the block wall located on South Hwy 99 between Panama and Taft Hwy.
B. Update on Traffic Impact Fees—Tandy/ Rojas/Smith
City Manager Alan Tandy provided a brief background on the Transportation Impact Fee
for those who did not attend the last meeting. Public Works Director Raul Rojas
explained that fees are based upon growth expectations, transportation facilities and their
costs, and the effect of various land uses on the transportation system. City and County
staff and their consultants have been meeting and corresponding regarding this issue.
Staff is close to having the numbers, but they are not ready for publication. Mr. Rojas
added that time is needed to come back to Committee with a final number. Committee
chair Scrivner asked staff to develop the final numbers, meet with the stakeholders and at
that point, come back to the Committee with the information.
Tom Carisella (developer) questioned the large increase of fees all at once and asked
staff if there is some way the impact fees can be phased-in. Mr. Tandy explained that the
new fees are not in effect for vested maps. Maps which vest prior to the adoption of the
fee, will continue to have the fee that was in place at the time of vesting. However, they
may be subject to the annual cost of living index increase. Civil Engineer Marian Shaw
added that there are two different timelines for vesting. Once a map is approved by the
Planning Commission, it has an initial life of three years. It can be extended by
application for an additional five years. However, if in that period a developer records a
phase of their map, the second part of the vesting rights issue begins. Upon recordation
of a phase of the map, the vesting rights last for one year. If all permits are not pulled
Planning and Development Committee.-
May 6, 2008
Page 4
within that year, the fees go to the current rate. Committee chair Scrivner asked staff if
developers have an opportunity to apply for a one-year extension on a recorded map.
Ms. Shaw responded that a developer can apply for an extension of vesting rights on a
recorded map. However, Council has a policy to deny those based on a loss in fees to
the City. Mr. Tandy added that the state legislature is considering amendments to the
Map Act which will extend the vesting period of maps, resulting in the extension of the
initial fees prior to recordation.
6. COMMITTEE COMMENTS
None
7. ADJOURNMENT
The meeting adjourned at 2:03:37 PM.
cc: Honorable Mayor and City Council members
Planning and Development Committee
May 6, 2008
Page 2
2. ADOPT THE APRIL 3, 2008 AGENDA SUMMARY
Adopted as submitted.
3. PUBLIC STATEMENTS
None
4. NEW BUSINESS
Committee member Harold Hanson made a motion to move NEW BUSINESS before
DEFERRED BUSINESS. The motion passed with all ayes from Committee members.
A. Review of Maintenance Assessments for Special Storm Drain Facilities Required
in Response to the Clean Water Act— Rojas/Shaw
Public Works Director Raul Rojas gave a brief background of the Clean Water Act and
the National Pollutant Discharge Elimination System (NPDES) which require
municipalities to implement policies and standards to minimize or eliminate pollutants
into rivers and canals. Civil Engineer Marian Shaw added that these policies and
standards obligate the City to require developers to install separators which clean out
silts, sediments, paper and other materials which could contaminate the ground water,
clog the sumps and prevent proper drainage. The separators are additional to the
standard storm drain system and staff estimates the annual cost to maintain these
structures to me approximately $2,400. No funding is associated with compliance to
the additional requirements of the Clean Water Act. Ms. Shaw presented to City
Attorney Ginny Gennaro potential changes to the maintenance district ordinance which
would allow the City to collect a maintenance assessment fee for these structures.
Committee chair Zack Scrivner asked if the City would have to retrofit all existing sumps
to accommodate the separators. Mr. Rojas advised that eventually this will take place.
However, staff would have to review the NPDES permit to verify time frames.
Committee chair Scrivner asked staff if there would be any legal issues involved with
having a mechanism put into place for existing residences to pay additional sewer fees
in order to make the process equitable to the new development requirement. City
Attorney Gennaro replied that she did not see any legal issues involved, but added that
staff should take a look at the ordinance and come back to the Committee with
recommendations. Ms. Gennaro also added that the ordinance is ready for first reading
if that is the direction the Committee wants to take.
5. DEFERRED BUSINESS
A. Update on Standards for Block Walls Along Freeways— Movius/ Rojas
At the last meeting staff was asked to provide supplemental information regarding block
wall standards. A memorandum was provided to the Committee to address questions
regarding the type of vines along the freeway wall through Mc Farland, surface options
for wall areas without vines and relative cost difference for block wall surfaces. Assistant
B A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Planning and Development Committee
FROM: Raul Rojas, Public Works Director
DATE: June 4, 2008
SUBJECT: Transportation Impact Fee Update — Phase IV
City and County staff have held two stakeholder meetings since the last Planning and
Development Committee meeting. These were held at the County Public Services Building First
Floor Conference Room on May 23 and May 27. Several issues were raised peripheral to the
fee itself and City and County staff is working on answering these questions. A list of these
questions and the status of the answers is attached. Also attached are the sign in sheets from the
meetings.
The following is an outline of City and County staff's progress to date:
1. Household and Employment Growth through 2035:
a. Parsons and KCOG developed the growth projections for both households and
employment based upon our historic growth rate of 2% in the metro area—the
"socioeconomic data".
b. Parsons, KCOG, and City and County staff assigned that growth to various areas
of the Metropolitan Bakersfield area based on our historic growth patterns.
Attached are copies of a map showing household growth through 2035 compared
to the build out growth allowed by the current General Plan.
2. Model Validation and 2035 Model Runs
a. Parsons validated the 2006 traffic model against current traffic count information.
b. KCOG, City and County staff collaborated on the preliminary 2035 circulation
system.
c. KCOG prepared model runs using the 2035 circulation system and the 2035
socioeconomic data.
d. City and County staff reviewed the model run and adjusted the preliminary 2035
circulation system to remove those segments not needed by 2035. A copy of the
KCOG model run showing the Level of Service will be available at the City
Manager's Office.
3. Facilities List
a. Using the model run referenced above, City and County staff started developing
the Facilities List for 2035.
b. A preliminary version of this list was presented to the stakeholders at our May
meetings. A copy of this list is attached. As of yet we have not received any
comments.
c. The Facilities List is still being refined to account for the TRIP match and to
eliminate duplicate projects.
4. Determination of Cost of Facility List
a. Ruettgers and Schuler, as the county's consultant, and Parsons, as the City's
consultant, prepared cost estimates for the projects on the Facilities List.
b. With the help of City and County staff, the consultants parsed the Facilities List
for Core and Non-Core Area projects and arrived at draft cost numbers for both
areas for use at the May stakeholder meetings.
c. The draft facility costs were approximately$92,000,000 for the Core area and
$2,000,000,000 for the Non-Core area.
5. Vesting Analysis
a. City staff determined the number of lots with vested rights within the City of
Bakersfield—35,716.
b. County staff determined the number of lots with vested rights within the
unincorporated area of the Metropolitan Bakersfield area—3,071.
c. City staff, using information on the effect of vesting on the Phase III fee receipts,
is preparing an analysis on the effect of lots with vested rights on the Phase IV
receipts.
d. For an initial analysis, it was assumed that roughly 70% of these lots would retain
their vested status and pay the Phase III fee rather than the Phase IV fee. Note:
The more vested lots retain their vested rights, the higher the fee has to be.
6. Draft Fee Schedule
a. Using the Household and Employment growth from La, the Facilities Cost
determined in 4.c above and the assumed effect of vesting lots in 5.d above, and
initial fee schedule was developed and was presented to the stakeholders at the
May meetings. See attached.
7. Nexus Document
a. All of the documents referred to above will be exhibits in the nexus document
when complete.
Staff will continue to refine the Facilities List and the cost. We will continue to take comments
from the stakeholders and relay them to the Council Committee. Both City and County staff will
be preparing the documents needed to take this item for approval to the city Council and the
Board of Supervisors.
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The following documents were
distributed during the Regular
Meeting of the Planning and
Development Committee Meeting
of July 3, 2008
-00-1101 0
11or
B .A K E R S F I E L D
Alan Tandy • City Manager
June 17, 2008
Darryl Tucker, President
Home Builders Association of Kern County
P O Box 1848
Bakersfield, CA 93303-1848
Dear Mr. Tucker:
I am in receipt of the letters dated May 29, 2008 and June 9, 2008 from the HBA concerning Traffic
Impact Fees (TIF).
Listed below are responses to your questions and concerns:
• Bonds supported by impact fees are one of the most expensive financing options. Interest is
charged three times. on the construction loan, on the home mortgage and on repayment of
the bonds. We fear that the riskiness associated with pledging impact fees to fund debt
service will result in excessive debt service coverage and financing costs. Impact fees are not
a secure source of revenue since they rise and fall with the level of construction.
o Because the revenue from them is tax exempt, municipal bonds carry extremely low
interest rates which more than offset issuance costs and they are a financially
advantageous means of financing capital improvements. It is unclear what you would
propose as an alternative as traditional forms of private sector financing are clearly
more expensive.
It is unfair and unreasonable to characterize a municipal bond issue as carrying
interest three times. The City has no role in determining how a developer or a home
buyer chooses to finance their activities.
Municipal bond rating agencies and insurance firms serve to protect the interest of
bond buyers. They have a "belt and suspenders" approach to covering risk from
economic cycles and other conditions. As we get closer to debt issuance, which is
about five years away, they will look back to a variety of forms of security. The City of
Bakersfield has an excellent credit rating and a conservative approach to finances,
which usually results in our bonds being insured as well.
Traffic impact fees are based upon the relative traffic impacts of the various land uses.
As a reference, we use the internationally recognized Institute of Transportation
Engineers' "Trip Generation Manual". Land Use 210 — Single Family Detached
Housing, is analyzed four different ways, using Dwelling Units, Persons, Vehicles and
Acreage as the independent variable. Each analysis uses hundreds of studies. The
studies do not bear out the implied assertion that traffic impacts decrease with dwelling
size.
Clty of Bakersfield • City Manager's Office • 1501 Truxtun Avenue
Bakersfield • California • 93301
(661) 326-3751 • Fax(661) 324-1850
Home Builders Assn of Kern County
June 17, 2008
Page 2
In any event, you criticize our proposal, but you put forward no alternate. Matching
funds for the TRIP monies have to be generated at a level that is beyond cash flow.
What is your proposal?
• Increasing the TIF to fund transportation development bonds hinders economic development
efforts and will delay the housing recovery. The homebuilding industry anticipates that entry
level housing will lead Bakersfield and the Central Valley out of the current market downturn.
Since impact fees are not scaled based on home size or price, they place a disproportionate
burden on lower-income households. They increase down payment requirements and closing
costs, which are based on a percentage of home prices.
o Your question does not recognize that vested maps carry the fees that were in place at
the time of vesting. There are more than enough vested maps to cover the next five
years of growth and to get through the current downcycle.
While it is reasonable to recognize that any government fee is a deterrent to economic
growth, your questions raise the fundamental point of this issue. An inadequate and
gridlocked transportation system also deters economic growth. The many predatory
interests out there that use CEQA filings to prevent growth will win these cases if the
transportation system is inadequate. The TRIP funds are a unique blessing and
opportunity to lower, through the use of federal funds, local costs to get an adequate
transportation system. They require a match, however, without which we will not be
able to use them.
• Increasing the TIF will create a disincentive for voters to approve a sales tax increase to pay
for transportation improvements.
o Why is that? The average citizen and taxpayer wants to be sure that the developers
and new growth are paying for their fair share of transportation improvements as a
precondition to taxing themselves. Not charging developers a "fair share" would
encourage voter rejection!
• Contingency plan if TIF is insufficient to fund debt service.
o Because of the incredibly positive opportunity that TRIP funds present, the City and
County will have to have contingency plans in the event of inadequate TIF's. As we go
through the five years prior to bond issuance, and as construction costs, revenue levels
and other contingent circumstances are clarified and refined, the specifics will be
developed as necessary.
• Other sources of revenue considered to pay debt service on the proposed bonds.
• The City and TRIP team applies for every possible grant from the federal or state
government for more project money.
• TRIP funds themselves, not developer fees, provide $630 million.
• The City Council has authorized our pledge of gas tax.
• The County has offered the equivalent of a General Fund pledge.
• The City will identify other sources, if necessary, as time passes and as conditions
warrant. While it might satisfy your curiosity for us to speculate about hypotheticals
five years early, we have public safety concerns to deal with, union negotiations in
progress and other obligations to consider as well.
Home Builders Assn of Kern County
June 17, 2008
Page 3
• Promised TIF derivation.
o Please see the nexus study when it is available.
• The contact for information regarding the nexus study is Marian Shaw, Civil Engineer IV at
326.3724. The other consultants involved include:
• Barry Nienke, Kern County
• Warren Maxwell, Kern County
• Ruettgers and Schuler Civil Engineers
• Bob Scales, Parsons
• Chris Clark, Parsons
• Status of nexus study.
o The nexus study will be provided to you on its completion, which is estimated to be in
or around July 5, 2008.
• Current TRIP projects are coming in as much as 30-40% under budget (ex: Fairfax Road:
actual - $22 million/budgeted - $29 million; Allen Road. actual - $16 million/budgeted- $22 -
$24 million). Please provide information on the proposed mechanisms to evaluate
construction costs and adjust the proposed TIF amount accordingly.
o Per our ordinance, we have to do an annual review of the fee schedule and facilities list
to "account for changes in the Regional Transportation Facilities List, changes in cost
estimates for the various projects on the list, and any other item which would change
new developments proportionate share of the cost of the Regional Transportation
Facilities List" (BMC 15.84.040E)
• Fee credit and reimbursement policies related to the proposed TIF.
o At this time, no changes are proposed to be made to the current policies regarding fee
credits and reimbursements. Upon request, developers are able to receive credit
against the cost of their TIF improvements constructed (actual costs or costs as listed
in the Facilities list, whichever is lesser) via a "Traffic Improvement Fee Credit
Agreement". The City's ordinance allows for credits and refunds only — no
reimbursements.
• Any documents related to the proposed TRIP financing plan that will be submitted for City
Council's consideration.
o We will make these available at the time they are released to the City Council.
jSinc nd y
nager
cc: Honorable Mayor and City Council
Virginia Gennaro, City Attorney
Raul Rojas, Public Works Director
Marian Shaw, Civil Engineer IV
Nelson Smith, Finance Director
B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR ,.,
DATE: June 5, 2008
SUBJECT: STORM WATER MAINTENANCE ASSESSMENTS FOR ADDITIONAL
INFRASTRUCTURE REQUIRED BY THE CLEAN WATER ACT
At the suggestion of Councilman Scrivner at the last Planning and Development
committee meeting, staff has investigated the issue of applying a storm water
maintenance fee for the CWA-required separators on a City-wide basis through the
sewer user fees. It has been determined that this is a reasonable extension of the
current program. Staff will also include the cost to retro-fit the existing sumps with these
units.
Public Works staff has checked with the City Attorney's Office and pursuing this option
does not require any changes to our current ordinances. Staff will not be pursuing
modifying our Maintenance District ordinance to accommodate this maintenance
charge. Instead, staff will work with the City Attorney's Office and the Finance
Department on including this item in the future sewer user fees and will bring it back to
the committee at a later date
cc: Nelson Smith, Finance Director
Flom Core, Water Resources Manager
Robert Sherfy, Deputy City Atiomey
GAGR0UPDAT\Memo\2008\Tandy Storm water Maintenance Sewer Fees.doc
Planning and Development Committee
Media Meeting Notification for
Thursday, July 3, 2008
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Page 1 of 1
Michelle Muniz - Planning and Development Committee Meeting
From: Michelle Muniz
To: Department Heads
Date: 6/27/2008 8:28 AM
Subject: Planning and Development Committee Meeting
CC: Dept. Assistants - Committee Dist.; Lorenzi, Georgina; Movius, Jim; Shaw,
Marian
Attachments: Dept. Assistants - Committee Dist.; Lorenzi, Georgina; Movius, Jim; Shaw,
Marian
Good morning,
Please find attached the Planning and Development Committee Meeting Agenda for
Thursday, July 3, 2008.
Thank you and best regards,
Michelle Muniz, Secretary
BAKERS-FIELD
City Manager's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
Tel. 661-326-3751
Fax. 661-324-1850
file://C:\Documents and Settings\mmuniz\Local Settings\Temp\XPgrpwise\4864A49DCO... 6/27/2008
Page 1 of 1
Michelle Muniz - Planning and Development Committee Meeting
From: Michelle Muniz
To: adriantm@aol.com; bdecker @mcmillin.com;
btodd @briantoddconsulting.com; craig333 @gmail.com;
daved @projectDesign.com; dcarpenter @sikand.com; dennis @skycos.com;
gnipp @att.net; jcnickel @nfllc.net; jgeluso @bakersfield.com;
jlnickel @nfllc.net; kburton @youngwooldridge.com;
lorraine.unger @sierraclub.org; love3 @bak.rr.com; Mbeck13 @bak.rr.com;
sblunck @castlecooke.com; szimmerman @griffinindustries.com;
tmitchell @mcintoshassoc.com; tonya @kernhba.com
Date: 6/27/2008 8:28 AM
Subject: Planning and Development Committee Meeting
Attachments:
Good morning,
Please find attached
the Planning and Development Committee Meeting Agenda for
Thursday, July 3, 2008.
Thank you and best regards,
Michelle Muniz, Secretary
D
City Manager's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
Tel. 661-326-3751
Fax. 661-324-1850
fileWCADocuments and Settings\nununiz\Local Settings\Temp\XPgrpwise\4864A496CO... 6/27/2008
PLANNING AND DEVELOPMENT COMMITTEE MEETING
Thursday,July 3,2008
ATTENDANCE LIST
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