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HomeMy WebLinkAbout07/15/2002 B A K E R S F I E L D David COuch, Chair Sue Benham Mike Maggard Staff: John W. Stinson MEETING NOTICE URBAN. DEVELOPMENT COMMITTEE of the City Council - City of Bakersfield Monday, July 15, 2002 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT JUNE 1.0, 2002 AGENDA SUMMARY REPORT- 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committ(~e recommendation regarding space needs and City' Hall-expansion - Tandy B. Discussion and Committee recommendation regarding removal of-trees in City right-of-ways - Stinson 5. NEW BUSINESS 6. COMMITI~:EE COMMENTS 7. ADJOURNMENT S:~JOHN~Urban Dev2002\ud02Ju115.doc DRAFT /~~ ~ ~-' David .Couch, Chair Alan Tandy, City Manager Sue Benham Staff: John W. Sfinson Mike Maggard AGENDA SUMMARY REPORT URBAN 'DEVELOPMENT COMMI'i'~EE MEETING Monday, June 10; 2002, 1:00 p.m. City Manager's Conference Room - City Hall 1. ROLL CALL The meeting was called to order at 1:03 p.m. Present: Councilmembers David Couch, Chair; Sue Benham and Mike Maggard '2. ADOPT MAY 6, AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding space.needs and City. Hall expansion City Manager Alan Tandy gave an update. Forseveral meetings the Committee has explored options. Most of the options have been in the $90 to $110 million range, such as the concept in the Downtown Charrette for a new mall style facility located in the area north of the County Administrative Building, or demolishing the existing City Hall to build new, which would require moving into temporary quarters and moving back. At the last Committee meeting, Committee Member Couch-raised the idea of building new facilities in Central Park. Staff has researched this concept. Any green space used would need to be replaced somewhere in the downtown. The green space could be partially replaced linearly north and south along the canal and at 515 Truxtun. URBAN DEVELOPMENT COMMITTEE MEETING Monday dune 10,2002 Page -2 - Using Central Park for a new facility is less costly than other options. There is minimal land purchase for green space and a parking garage, but far less land acquisition, and less demolition. The relocation costs are less as there would be only one move. The Central Park location could be built in modules, so any future expansion would only require adding another module, so there would not be the initial cost of building extra floors for future use. The building pads would utilize about 40 percent of Central Park or about four acres, leaving the balance in green space. It was not fully discussed at the previous Committee meeting, but as the Police Department has expansion needs, this plan includes their utilizing the Public Works annex building. The current City Hall building could be leased for 10 years, and then at the end of 10 years, the Police Department could utilize the space. This plan would take care of facilities for Porice -for the long term. There-are some negatives. The existing Senior Center in Central Park would have to be relocated. There are some people who will want to keep Central Park as it.is and there may be opposition to building new City Hall facilities. The homeless have been using the park for a long time. Also, the Veterans group would like to use Central Park for their memorial plans. There are some positives. Using Central Park would cut the cost to about $55 million for three module buildings of 60,000 square feet each. This plan should encourage redevelopment in the area. It is more logical to have everything together to be able to deliver City services. It should be a 50-year solution. It would be a very attractive setting. The green space along the canal could have walks and would attract more users, as Central Park is under utilized. The parking' garage could be used in the evenings and weekends for additional parking in the downtown. The annual debt service on $50 - $55 million is $4 to $5 million a year. The payments for leased space the City is currently paying could be deducted. Also there would be revenue from leasing the current City Hall building. This would bring the adjusted annual debt service to $3.6 to $4.1 million. This would be an ongoing yearly cost for approximately 25 years. The Central Park options were provided for the Committee's review to assist in formulating a decision on which direction they would like staff to proceed with researching .the space needs issue. Raul Rojas Public Works Director presented two renderings showing different options of how facilities could be laid out in Central Park. DRAFT URBAN DEVELOPMENT COMMITTEE MEETING Monday June 10, 2002 Page - 3- Planning Commissioner Ron Sprague asked how Central'Park was acquired and if there were any deed restrictions, which would prohibit use of the Park for other purposes. This was most likely researched when the Bakersfield Museum of Art property was deeded, but staff will double check. John Fallgatter spoke on behalf of the Veterans and their vision for a possible Veterans Memorial in Central Park. If that location is not going to be available, they would like another location in the downtown. Donna Lorenz, Wendell Gustin, and Russell E. Berry spoke regarding the need for a location for the Veterans Memodal and museum. In response to a question regarding the possibility of using the Mercy Hospital building for City Hall, City Manager Alan Tandy explained their management has not yet made a decision on the use of that building. Committee Member Benham wants to make sure the businesses in the downtown area by current City Hall will not experience a downturn if City Hall is relocated to Central Park. She would like Economic Development staff to meet with the development community before the next Committee meeting. Committee Member Couch stated he would like staff to further explore expansion, leasing or buying somewhere near the current .location. Committee Member Maggard would like to further explore the 10-year plan of 50,000 square feet for $10 million, as the other plans are very costly. Staff suggested exploring a plan to build one module in Central Park as a starting point. If there were a .decision to proceed, the construction process could begin within 18 months to two years. The Committee will continue studying the issue at its next meeting. 5. NEW BUSINESS A. Discussion .and Committee recommendation regarding removal of trees in City right-of-ways (This item heard first) Assistant City Manager John Stinson provided an overview of the City's procedures for pruning and removal .of trees in City right-of-ways, as outlined in the memo included in the packet. Usually tree removal is at the request of the property owner and evaluated by the Parks .Division. DRAFT AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE MEETING Monday June 10, .2002 Page - 4- Committee Member Benham explained she is interested in establishing a policy to protect mature trees in City right-Of-ways and to develop a better process for alternatives to tree removal. Essential to achieving this process is communication between Public Works and Recreation and Parks. The situation that prompted her request was a call she received regarding three healthy trees on "C" Street just south of 24t~ Street, which Public Works had tagged for removal. The private property owner had requested removal of the trees due to buckled sidewalk. At this point, there should be communication between Public Works and the Urban Forester for evaluation of other alternatives to removal of trees. Dana Karcher, Tree Foundation of Kern, spoke regarding removal of healthy trees. Some cities are using other methods of repairing sidewalks, which allow the trees to remain. She suggested the Urban Forester be involved in assessing requests to take out the trees. Public Works Director Paul Rojas spoke about using other alternatives for sidewalk materials, such as rubber pavers, asphalt or the use of meandering sidewalks. Homeowners are responsible for repairs to the sidewalk. The Public Works Department tags trees causing damage to the sidewalk when they are called to repair the sidewalk, but the Parks Division is responsible for pruning and removal of trees when needed in the City right-of-ways. There was discussion about liability issues. The City trims trees and in some cases must remove trees for safety purposes. Committee Member Maggard expressed if the homeowner is responsible for repairs to the sidewalks, he is not ready to recommend passing on the burden to the homeowner of contending with a tree that is continually causing damage. Committee Member Benham requested staff to provide the Committee with the City's cost for flexible sidewalk in order to save the three trees on "C" Street versus the City's cost for removing of the three mature trees. 6. COMMITTEE COMMENTS Committee Member Maggard asked about the leaf blower information he requested. Staff replied it went out in General Information the previous Friday. 7. ADJOURNMENT The meeting adjourned at 2:45 p.m. DRAFT URBAN DEVELOPMENT COMMITTEE MEETING Monday June 10, 2002 Page - 5- Attendance - staff: City Manager Alan Tandy; Assistant City Manager John W. Stinson; Assistant City Manager Alan Christensen; City Attorney Bart Thiltgen; Development Services Director Jack Hardisty; Economic Development Director Donna Kunz; Public Works Director Raul Rojas; Police Chief Eric Matlock; Assistant Public Works Director Jack LaRochelle; Finance Director Gregory Klimko; Public Works Park and Landscape Designer Don Hoggatt; Urban Forester Paul Graham; and Assistant Finance Director Nelson Smith;' Others: Ron Sprague, Chair, City Planning Commission; Wendell Gustin, Kern County Veterans Association; Scott Hair, Veterans Memorial Park Committee; Dana Karcher, Tree Foundation of Kern; Dale Wilson, Kern Veterans .Memorial Park Committee; Donna Lorenz, recording secretary, Kern Veterans Memorial Park Committee; Laura Berry, All 2gether Web, Inc.; Russell Berry, All 2gether Web, Inc; Ed LeLouis, Consultant (VFW Post 1468; John Fallgatter; Renee Nelson; KUZZ news reporter; James Burger, reporter, The Bakersfield Californian; KGET-TV reporter; and Jim Scott, TV News 23. cc: Honorable Mayor and City Councilmembers P:\ud02May06summary.wpd The following documents pertain to the: URBAN DEVELOPMENT COMMITTEE meeting of Monday, July 15, 2002 at 1:00 PM. 12.40.010 · - Chapter 12.40 prehensive plan for theplanting and maintaining of trees within the city should be developed and established, and STREET TREES this chapter is adopted for the purpose of providing for such a plan, and for the purpose of establishing regula- Sections: tions relating to the planting and maintaining of trees in 12.40.010 Title. the streets of the city and other public and private places 12.40.020 Def'mitions. therein. 12.40.030 Establishment of comprehensive B. The city planning commission is charged with the plan. ' duty of determining the types and varieties of trees for 12.40.040 Jurisdiction and control, planting along the streets. Such determination shall be 12.40.050 Duties of adjacent owners to made by the commission after consultation with compe- maintain, tent arborists. When such'determination has been made, 12.40.060 Interfering with planting or the commission shall report its determination in writing caring for trees prohibited, to the city council in a report to be designated "Official 12.40.070 Killing or injuring t~'ees Tree Planting List, Bakersfield, California." Said report prohibited--Harmful substances, shall be placed on file in the office of the city clerk, and 12.40.080 InspectiOn and removal, after such filing, the same shall be the official determina- 12.40.090 Duty of private owners--- tion of the commission. Thereafter said commission may, Removal of baTardons trees~ from time to time, file subsequent reports covering the Chargha. g costs of work done by same subject, each of which shall be complete in itself city. and each shall also be filed in the office of the city clerk. 12.40.100 No liability upon city. The latest of such reports so filed shall constitute the 12.40.110 Types prohibited, official list u~ntil supplanted by a subsequent list. C. The director of public works shall from time to 12.40.010 Title. time, at the request of the city council, prepare plans This chapter shall be known as the "tree ordinance" which shall designate, by means of a complete map of and may be cited as such. (Prior code § 12.3-6.010) the city streets, a uniform method of street tree planting, the zoning of certain streets for certain types and varieties 12.40~020 Definitions. of trees, selecting suitable types for residential areas and For the purposes of this chapter, the words set out in special types of trees for nonresidential areas. Such plans tills section shall have the following meanings: shall show the intervals between said trees, and the place A. "Parkway" means and includes that area between where each tree is to be planted. The director of public sidewalks and that portion of streets ordinarily used for works shall submit such plan or plans to the city council vehicular travel, or any other public area adjacent to for its approval or modification, together with the recom- sidewalks and streets ordinarily and usually used as and mendation of the city planning commission. for planting areas. D. When the uniform plan in its original or modified B. "Public place" means and includes streets, ave- form is adopted by the city council, it shall become the hues, highways, alleys, parks, parkways, sidewalks, side- tree planting plan for the streets of the city, and shall be walk spaces, or ,any other place open to or for the use of strictly adhered to in all future street planting projects. the public. The director of public works and the city planning com- C. "Sidewalk" means and includes that portion of mission shall develop such plans together. Copies of such a street, other than the roadway, set apart for pedestrian plans shall be made and kept on file in the office of the travel, city clerk where they may be obtained by the public. D. "Street" means and includes any way or place, (Prior code § 12.36.030) of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular or pedestrian 12.40.040 Jurisdiction and control. travel. (Prior code § 12.36.020) The director of public works of the city shall have full jurisdiction and control of the designation of types and 12.40.030 Establishment of comprehensive varieties, planting, setting out, locating and placing of all plan. trees, shrubs and plants in the streets, parks, parkways A. It is for the best interests of the city that a eom- and public places of the city, and shall likewise have supervision, direction and control of the removal, reloca- 433 . 12.40.040 tion and replacement thereof; provided, however, that in 12.40.080 Inspection and removal. making such determinations and exercising such control, A. The director of public works may inspect any he shall be limited.to the trees,- shrubs or plants designat- tree, shrub or plant upon any street, park, parkway or ed on the then current official tree planting list. (Prior public place of the city, to determine whether the same code § 12.36.040) or any part thereof constitutes a hazard or an impediment to the progress or vision of anyone traveling on said 12.40.050 Duties of adjacent owners to street or public places. maintain, B. If the director of public works determines that It is made the duty of all owners, agents, tenants or any tree, shrub or plant is hazardous to the traveling other persons having possession or control of real proper- public or impedes the progress or the vision of said ty .within said city to properly cultivate, care for and public on any such street or public place, he may cause maintain all trees, shrubs and plants now or hereafter the same, or such parts thereof as are hazardous or planted or set out within any parkway or public place imPeditive, to be trimmed or removed so as to remedy immediately adjacent to their respective real properties, such haTardous or impeditive condition. (Prior code § subject, however, .to the general supervision, direction and 12.36.090) control of said director of public works. (Prior code § 12.36.060) 12.40.090 Duty of-private owners---Removal of hazardous trees--Charging costs 12.40.060 Interfering with planting or caring of work done by city. for trees prohibited. A. It shall be the duty of every person, firm or No person, firm or corporation shall interfere with the corporation having charge or control of-any lot or premis- director of public works or persons acting under his es, either as owner, agent, lessee, tenant or otherwise, to authority while engaged in planting, mulching, pruning, trim or cause to be trimmed, or remove or cause to be trimming, spraying, treating or removing any tree, shrub removed, all trees, shrubs or plants or any part or parts or plant in any street, park, parkway or .public place thereof, growing or standing on said propers3,, which may within the city, or in the removing of any stone, cement constitute a hazard or an impediment to the progress or or other substance from about the trunk of any tree, shrub vision of anyone traveling on any street or public place. or plant in any such street, park, parkway or public place. B. Whenever it comes to the attention of the director (Prior code § 12.36.070) of public works that any tree, shrub or plant growing or standing on any private property constitutes a hazard or 12.40.070 Killing or injuring .trees an impediment to the progress or vision of anyone travel- prohibited--tlarmful substances, ing on any street or public place, he shall give notice of A. No person, fa'm or corporation shall, in any way, such hazard or impediment to the owner or occupant of harm, injure, destroy or kill any tree, shrub or plant said premises together with a request to remove or correct growing upon any street, park, parkway or public place, such condition. Such notice and request may be given by any method whatsoever, either by personal service or by mail, to the owner or B. No person, firm or corporation shall cause, autho- occupant or other person in charge or control of said rize or allow any brine water, oil, liquid dye or any other premises, or by posting notice upon said property and substance deleterious to tree or plant life, to lie, leak, mailing a copy thereof to the owner or occupant. The pour, flow or drip on or into the soil about the base of owner or occupant of said.premises shall, withinten days any tree, shrub or plant in any street, park, parkway or after the service or posting and mailing of said notice, public place in the city at a point from which such sub- remove or cause to be removed, such hazardous or stance may, by' lying upon or by flowing, dripping or impeditive'condition. seeping into such soil injure, destroy or kill such tree, C. Should any person, finn or corporation fail, shrub or plant, neglect or refuse to conform with the provisions of this C. No person, firm or corporation, without the chapter, the director of public works shall have the power approval of the director of public works, shall place or to carry out such provisions and the cost thereof shall be maintain any stone, cement or other substance which charged to and become a valid Claim against such person, might impede the free access of water or air to the roots fn-m or corporation, recoverable in any court of compe- of any tree, shrub or plant in any street, parkway or tent jurisdiction. (Prior code § 12.36.100) public place in the city. (Prior code § 12.36.080) · 12.40.100 12.40.100 No liability upon city. Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers or employ- ees, nor to relieve the owners of any private property from the duty to keep any tree, shrub or plant upon his property, or under his control, in such a condition as to prevent it from constituting a hazard or an impediment to the progress or vision of anyone traveling on any street or public place within the city. (Prior code § 12.36.110) 12.40.110 Types prohibited. It is unlawful for the owner, lessee, agent, tenant or any other person having charge or control of any lot, Piece or parcel of land within the city, to plant, grow or.permit to be planted or grown any female Populus fremontii wats tree or trees commonly known as female cottonwood trees or trees which bear seeds ora cottony, wingy or downy nature; the fruiting variety ofMorus alba and Morus nigra tree or trees, commonly known as the fi'uiting variety of mulberry tree; or any Ailanthus tree, commonly known as tree of heaven within said city. (Ord. 2738 § 1, 1982: prior code § 12.36.120) 435 (Bakersfield I !-01) dscOOOO4,jpg (1600x1200x24b jpeg) dscOOOO5~jpg (1600x 1200x24b jpeg) dscO0001 .jpg (1600xl 200x24b jpeg)