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HomeMy WebLinkAbout07/16/2007• B A K E R S F I E L D Sue Benham, Chair Rhon Smiley, Pu 'c Information Officer David Couch For: Alan Tandy, City Manager Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Monday, July 16, 2007 - 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 1:09:42 PM ROLL CALL Present: Councilmember Sue Benham; Chair Councilmember Jacquie Sullivan Councilmember David Couch Staff present: John W. Stinson, Assistant City Manager Rick Kirkwood, Management Assistant Ginny Gennaro, City Attorney Janice Scanlan, Assistant City Attorney Michael Richards, Associate Attorney Rhonda Smiley, Public Information Officer Kevin Barnes, Solid Waste Director Donna Kunz, Economic Development Director Stan Grady, Development Services Director Donna Barnes, Development Associate Bob Bivens, Bakersfield Police Department Howard Wines, Bakersfield Fire Department Others present: James Geluso, Bakersfield Californian Dianne Hardisty, Bakersfield Californian 2. ADOPT JUNE 5, 2007 MINUTES Adopted as submitted. 3. PUBLIC STATEMENTS None AGENDA SUMMARY REPORT Page 2 LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, July 16, 2007 4. DEFERRED BUSINESS A. Update on plastic shopping bags -Kirkwood Management Assistant Kirkwood gave a brief update on this issue. He explained the processes, programs, and laws that have been initiated throughout the state of California. Currently state law AB 2449 states that stores larger than 10,000 sq. ft. which contain a pharmacy be required to provide a recycling program. Committee Chair Benham would like to see that stores of this size, whether or not they contain a pharmacy, have this same requirement. Staff has been requested to conduct a study on the number of business that would be affected by this new law; the number of business that are already in compliance; and have a few affected business representatives attend and address this issue at the next Legislative and Litigation Committee meeting. 5. NEW BUSINESS A. Streamline Standards for Code Violations -Gennaro Per Committee member Couch's request, staff researched our current timeline for any possibility of shortening the amount of time given for code violation compliance. City Attorney Gennaro stated that the City currently offers the minimum amount of time for compliance, which is thirty days. If the property is causing a health and safety issue, then the City may require compliance before the thirty days occur. B. Explore Ordinance to Create Special Downtown District to Address Infrastructure Issues Similar to San Diego Gas Lamp Area, to Include Property Owners' Responsibilities regarding Windows in Unoccupied Commercial Buildings -Kunz Economic Development Director Kunz gave details of a survey that was taken on vacant commercial buildings in the downtown area. Many of the owners of these buildings are from out of town and have no interest in using or selling these buildings at this time. Beautification programs were looked into in order to address this issue. PG&E offers a grant program through the Kern Arts Council, which entails the painting of seasonal artwork on the windows of these buildings to improve the look on the pedestrian side. The buildings on Chester Avenue, with the highest profile, will be completed first to see how it works. The funding should be available by October, 2007. A report will be given to the Committee at the Legislative and Litigation meeting in October, 2007. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, July 16, 2007 Page 3 In regards to the aging infrastructure downtown, one of the main development issues is the perceived lack of parking. Staff has worked with various business owners in the past to leave more public parking for customers rather than their employees. The previous parking study was conducted approximately five years ago. Staff will perform a new parking study. Some other issues in this area that need to be looked into are alley conditions, light fixtures, and damaged sidewalks. Once staff has conducted an inventory of these dilapidated areas, then a plan will be brought back to the committee on funding, material, and people in order to accomplish the necessary repairs. While waiting for various studies to be completed, Committee Chair Benham requested that staff look into having the alleys and sidewalks power washed in order to make a more immediate effect. Redevelopment money could not be used for the power washing; therefore, Public Works would need to be contacted regarding this request. Committee member Couch requested that staff strive to get a building with parking above and retail below. Economic Development Director Kunz stated that it can be done, but would require acquisition of a full city block and could not be done without some public assistance due to the cost. A report will be brought back to the Committee. C. Proposed Revision to the Historic Preservation Commission Ordinance - Kunz Development Associate Donna Barnes reported that staff was approached by the Historic Preservation Commission, who would like to get more recognition for some of our historic areas of town. A program offered through the City enables properties to be listed as a cultural resource. Currently, there are thirteen properties on the list. Many people choose not to list their properties, stating that it is too restrictive. Another recognition opportunity is to have a designated cultural district. There are none of these in our city. The Historic Preservation Commission is working on changing the current restrictions for properties listed as cultural resources or districts. The new laws would recognize the districts as historical, but the individual property owners would not be restricted regarding certain items on their property, such as a type of fence, etc. A Public Hearing would be held informing the residents of these neighborhoods of the plan to designate their districts as historic and explaining the whole process to them. The neighborhood's response would help determine whether or not this process would take place. .Committee member Couch requested that an appeal process be added to this ordinance, in the case that a resident disagreed with this designation. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, July 16, 2007 Page 4 D. Review, Discussion and Recommendation Relating to League of California Cities Annual Conference -Smiley a. City Voting Delegate and Alternate(s) Rhonda Smiley was selected as the Voting Delegate and Pam McCarthy as the Alternate. b. Conference Resolutions There will be four resolutions. Depending on the content of these resolutions, staff recommends that they be presented at the City Council meeting of August 15, 2007 without any further review by the Legislative and Litigation Committee. If the resolutions require further Committee review, Committee Chair Benham recommends August 1, 2007 or August 21, 2007 as contingency dates for a Special Meeting. 6. COMMITTEE COMMENTS None 7. ADJOURNMENT 1:54:03 PM cc: Honorable Mayor and City Council