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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. P1 9/5/03 2:45 pm I MGE. I.. M.T. F A 0 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 September 3, 2003, 5.00PM S:\PROJECTS\TIF\Phase 3\Joint Meeting TIF III Ordiance and Resolution Admin.doc 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 September 3, 2003, 5:OOPM S:\PROJECTS\TIF\Phase 3\Joint Meeting TIF I11 Ordiance and Resolution Admin.doc 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. mps September 3, 2003. 5:OOPM S:\PROJECTS\TIF\Phase 3\Joint Meeting TIF III Ordiance and Resolution Admin.doc BA O~ .mwy S 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 SA2003 ADMIN RPTS\SEP1503J0INTCITYKC.d01 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 A 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 S:VADMINPREPt2004 Joint mtg schedule.dol