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