HomeMy WebLinkAbout09/15/2003 AGENDA PACKET JOINTNOTICE OF SPECIAL JOINT MEETING
OF THE .
BAKERSFIELD CITY COUNCIL AND THE KERN COUNTY
BOARD OF SUPERVISORS
NOTICE IS HEREBY GIVEN that the Bakersfield City Council and the Kem County Board
of Supervisors will hold a Special Joint Meeting on Monday, September 15, 2003 from
5:30 p.m. to 8:30 p.m., in the Board of Supervisors Chambers, 1115 Truxtun Avenue,
Bakersfield, California.
Estimated
Start Time
5:30 p.m. 1. FLAG SALUTE
2. ROLL CALL
3. OPENING REMARKS BY CHAIRMAN PETE PARRA
4. OPENING REMARKS BY MAYOR HARVEY L. HALL
5:40 p.m. 5. PUBLIC STATEMENTS - Persons may address the Governing Bodies during this
portion of the meeting on any matter not on this agenda but under the jurisdiction of
the Board of Supervisors or City Council. The Chairman, at his discretion, may limit
the total time allotted to this portion of the meeting to assure that all agenda items
can be completed. Statements are limited to 2 minutes per speaker. Please
state and spell your name for the record.
6. BUSINESS ITEMS
Item 6. A. 1 and 2 will be heard concurrently. Each legislative body may act
separately following the close of the hearing.
6:05 p.m. A. Public Hearing regarding Transportation Impact Fee Program - Phase III(Joint
Agenda Item) - Open Hearing; Receive Public Comment, Close Hearing
Bakersfield Citv Council - Recommended Action
Resolution of the City of Bakersfield adopting the 2003-2024 Regional
Transportation Capital Improvement Plan and Facilities List - Phases I,
II, and III, adopting the nexus report and certifying that a Final EIR has
been completed in compliance with the California Environmental Quality
Act Guidelines; and, Ordinance amending Chapter 15.84 of the
Bakersfield Municipal Code relating to a Transportation Impact Fee on
New Development - Staff recommends conducting the continued public
hearing and adoption of the resolution and ordinance.
Joint City/County Meeting Agenda
September 15, 2003
Page Two
6. BUSINESS ITEMS continued
Item 6. A. continued
Kern Countv Board of Suoervisors - Recommended Action
Proposed revisions to Kern County Ordinance Code Chapter 17.60
increasing the Metropolitan Bakersfield Transportation Impact Fee and
revising the related Capital Improvement Plan, in the Metropolitan
General Plan area, pursuant to Government Code Sections 66000 et seq.
- Make CEQA Section 15091 Findings and adopt CEQA Section 15093
Statement of Overriding Considerations; certify Environmental Impact
Report; adopt Mitigation Measure Monitoring Program; approve; adopt
resolution and enact ordinance.
6:50 p.m. B. Status of Kern River Bike Path Projects (Joint Agenda Item) - Recommended
Action: Hear County and City Staff Presentations
7:15 p.m. C. Request that the Board of Supervisors adopt a resolution supporting efforts to
develop a Memorandum of Understanding between the federal government and
railroad companies to implement operational air pollution control measures -
(City Agenda Item) - Recommended Action: Hear City Staff Presentation.
7:45 p.m. D. Status Report on South Beltway (County Agenda Item) Recommended Action:
Hear County Staff Presentation
8:15 P.M. E. Proposed 2004 Schedule for Joint Meetings (Joint Agenda Item)-
Recommended Action: Approve
e:20p.m. 7. CLOSING COMMENTS BY CITY COUNCIL MEMBERS AND BOARD MEMBERS
7:50 p.m. 8. CLOSING COMMENTS BY MAYOR HARVEY L. HALL
7:55 p.m. 9. CLOSING COMMENTS BY CHAIRMAN PETE PARRA
10. ADJOURNMENT
Respectfully submitted,
~L . 'AT-
Alan Tandy
City Manager
Joint City/County Meeting Agenda
September 15, 2003
Page Three
AMERICANS WITH DISABILITIES ACT
(Government Code Section 54953.2)
The Board of Supervisors Chamber is accessible to persons with disabilities. Disabled individuals
who need special assistance to attend or participate in a meeting of the Board of Supervisors may
request assistance at the Clerk of the Board of Supervisors, Fifth Floor, 1115 Truxtun Avenue,
Bakersfield, California or by calling (661)868-3585. Every effort will be made to reasonably
accommodate individuals with disabilities by making meeting material available in alternative formats.
Requests for assistance should be made (5) working days in advance of a meeting whenever
possible.
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9/5/03 2:45 pm
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ADMINISTRATIVE REPORT
MEETING DATE: September 15, 2003 I AGENDASECTION: Business Item
ITEM: 6. A.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE:
September 2, 2003 CITY ATTORNEY
(~7
CITY MANAGER
f ll
SUBJECT:
Metropolitan Bakersfield Regional Transportation Impact Fee, Phase III
(All Wards)
1. A Resolution of the City of Bakersfield Adopting the 2003-2024 Regional
Transportation Capital Improvement Plan and Facilities List Phases I, II and III, adopting the
nexus report and certifying that a Final EIR has been completed in compliance with the
California Environmental Quality Act Guidelines.
2. An Ordinance Amending Chapter 15.84 of the Bakersfield Municipal Code Relating
to a Transportation Impact Fee on New Development.
RECOMMENDATION:
Staff recommends conducting the continued public hearing and adoption of the resolution and the
ordinance.
BACKGROUND:
This item was heard at the September 10, 2003 City Council meeting. The hearing was opened and
continued to this date.
The purpose of revising the current program is to address the traffic impacts identified in the Metropolitan
Bakersfield General Plan Environmental Impact Report. This document was adopted by this Council in
December 2002, and is proposed to be used as the environmental document for this fee program. The
General Plan addresses growth in the Metropolitan Bakersfield area through the year 2020. City and
County staff have performed a comprehensive study of the planned growth and have developed a
transportation system to try to accommodate this growth and provide a funding mechanism for this
transportation network. New facilities that are required to maintain a LOS "C", or not degrade the existing
levels of service, have been added to the new Facilities List. Another issue adding to the cost of the
program was the passage of Senate Bill 45 (SB 45), which defined the funding stream dedicated to
Metropolitan Bakersfield for regional improvement projects. In the past, it was assumed that Caltrans
would be responsible for funding and construction of these types of facilities. This is no longer the case.
There is not enough money dedicated to the region to construct these necessary projects, some of which
include the Westside Parkway, the 24th Street Corridor and the Hageman Flyover. This proposed fee
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ADMINISTRATIVE REPORT
includes the unfunded portion of the regionally significant projects made necessary by new development.
The Facilities List before you differs from the one presented to you at the July 30, 2003 meeting in the total
cost - from $531 million to $406 million. The cost of the needed 2020 facilities remains the same, but the
cost funded by the impact fee has been reduced. This reduction in cost was accomplished by shifting a
portion of the costs directly to the developers.
First, much of the right-of-way component of the facility cost was eliminated - approximately $40 million.
Dedication of rights-of-way without compensation is an obligation under the subdivision regulations. Since
these dedications can be required of the developer, elimination of the right-of-way component shifts the
burden onto the developers, who are obligated to provide it anyway. However, because sometimes the
City is required to construct a project in a gap between subdivisions where the right-of-way has not been
dedicated, funding has been left in to pay for these "gaps."
Second, many of the collector streets and many developer-requested projects have been removed from
the list - approximately $77 million worth. These streets must be constructed by the developer anyway.
Elimination of these projects from the list reduces the total dollars needing to be raised, thereby reducing
the amount of the fee, but not reducing the rate at which streets are constructed to keep pace with growth.
Finally, there was approximately $8 million in miscellaneous changes to projects - revising freeway
funding levels to provide the 10% match, and recognizing that the West Beltway need not be constructed
until after 2020.
It is the opinion of staff that these deletions in dollar amounts will not negatively impact the ability of the
City and County to respond in a complete and timely way to meet road needs since the deductions and
contributions will be provided by developers.
Additionally, staff has attached for your consideration two options for the Phase III Transportation Impact
Fee Schedule. One is similar to the format we have used in the past - one set fee for all areas of the City.
The second option gives consideration to the "Core" area of town - that portion of town where most of the
improvements are already in and there are few regional projects needed by the year 2020. This option
has two fee schedules - one for the "Core" area and one for the "Non-Core" area. The proposal with the
lower fee in the Core area is fairer as it relates to actual needs for streets. In the Core, most needs are
already built out. The cost of the facilities needed in the Core area is $70.8 million, the cost of the facilities
needed in the Non-Core area is $335.4 million for a total of $406 million. The establishment of a lower fee
within the "Core area" encourages in-fill development and represents a "smart growth" policy.
One major difference between the proposed ordinance amendment and the existing ordinance is the
proposed ordinance will no longer allow traffic studies to be done to justify a different fee. The
Transportation Impact Fee is based upon a series of average factors for the various types of development
- trip generation, peak hours of operation, the number of projects within an effective radius of the project,
etc. Staffs experience with fee related traffic studies has been that they are only presented to the City
when the developer is sure that the fee determined by this study will be lower than that required by the
ordinance and resolution - the projects that have a higher impact as would be determined by a traffic
study never apply to have their fee raised to the appropriate level, thereby causing a shortfall in the total
dollar amount raised by the fee. For the sake of clarity, the appropriate sections of the ordinance have
been completely rewritten and are being deleted and readopted in their revised form.
The Building Industries Association has requested that the rates be revisited whenever an additional
funding source becomes available for the projects on the facilities list. This is a reasonable request and
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ADMINISTRATIVE REPORT
the language in the current ordinance (§15.84.040E) allows this. The BIA representative has also
requested that the fee schedule be revised to show six different areas of benefit, not two. Staff feels that
the "Core Area" concept addresses their concerns sufficiently.
The second reading of the ordinance will take place on the September 24, 2003 City Council meeting.
The ordinance and the new fee and facilities list becomes effective 60 days after adoption by both
jurisdictions. The adoption of this fee will not affect any project, building or subdivision currently being
reviewed by the City. The new Phase III fee will only affect those projects, buildings and subdivisions that
are started after the effective date of the fee.
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ADMINISTRATIVE REPORT
71 FO
CITY/COUNTY MEETING DATE: 9/15/03 I AGENDA SECTION: Business Item
ITEM: 6. B.
TO: Honorable Mayor and City Council
FROM: Gene Bogart, Water Resources Manager
DATE: September 3, 2003
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
I
CITY MANAGER
SUBJECT: Status of Kern River Bike Path Projects
RECOMMENDATION:
For information and project update.
BACKGROUND:
Water Resources Manager Gene Bogart will give a brief historical overview of bike path projects
constructed along the Kern River since 1973. This will be followed by a PowerPoint presentation by Nick
Fidler, Project Engineer for City Public Works, on recently completed and current bike path projects under
construction.
The most recent bike path projects are a result of funding from Proposition 12 (Park Bond) and
Proposition 13 (Water Bond) that were passed by the voters in March of 2000. These state grant funds
were designated to be used no later than May 1, 2004. As a result of the state time line, every effort is
being made to complete the Kern River Bike Path projects by spring of 2004.
GB:bz
September 3, 2003, 9:30AM
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ADMINISTRATIVE REPORT
MEETING DATE: September 15, 2003 AGENDA SECTION: Business Item
ITEM: 6. C.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: September 4, 2003 CITY ATTORNEY
CITY MANAGER l YU/
SUBJECT: Request that the Board of Supervisors adopt a resolution supporting efforts to develop a
Memorandum of Understanding between the Federal Government and railroad companies
to implement operational air pollution control measures.
RECOMMENDATION:
Intergovernmental Relations Committee recommends County consider adopting resolution.
BACKGROUND:
On July 9th the City Council adopted a resolution endorsing efforts to develop a Memorandum of
Understanding to compel railroad companies to implement dust control measures in railway operations.
This was done in response to a presentation made to the Council by California State Senator Dean Florez
at the City Council meeting of June 25, 2003 concerning his proposed legislation addressing air pollution in
the San Joaquin Valley. During the presentation, Senator Florez advised the Council he was collaborating
with United States Senator Barbara Boxer in an effort to develop a Memorandum of Understanding with rail
companies to control dust along the railroads. Due to the importance of air quality to the entire community
and concerns about pollution caused by dust and other pollutants resulting from railroad operations, the
Intergovernmental relations committee of the Council requested that this item be placed on the joint
City/County meeting to encourage the County to adopt a resolution similar to the one adopted by the
Council. A copy of the resolution adopted by the City is attached to this administrative report.
JWS
S:UONN\RRAirMit.doc
September 4, 2003 - 9:49 AM
(1) ADMINISTRATIVE REPORT
I I CITY/COUNTY MEETING DATE: 9/15/03 AGENDA SECTION: Business Item
ITEM: 6, D.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 8, 2003
SUBJECT: Status of South Beltway Project
RECOMMENDATION: For information and project update.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
BACKGROUND: After two years and ten public meetings, the City Council approved the Environmental
Impact Report (EIR) for the South Beltway Project. In this EIR the City approved a preferred alternative on
May 24, 2000. This information was sent to the County at that time for their approval.
JRVdns
September 8, 2003, 11.62AM
Document3
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ADMINISTRATIVE REPORT
MEETING DATE: September 15, 2003 I AGENDASECTION: Business Item
ITEM: 6.E.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City ClerMn DEPARTMENT HEAD [ 1 ul 5
DATE: September 3, 2003 CITY ATTORNEY
CITY MANAGER (S~tJ?7
SUBJECT: Proposed 2004 Schedule for Joint Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Staff is recommending two dates for the joint City/County meetings in 2004, Monday, March 15, 2004,
and Monday, September 27, 2004. The City Clerk and the Clerk of the Board have reviewed calendars
for other events, such as League meetings, and currently find no conflicts.
September 4, 2003, 8:53AM
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