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HomeMy WebLinkAbout10/23/2007B A K E R S F I E L D Staff: Rhonda Smiley City Council Members: Assistant to the City Manager / P.I.O. Sue Benham, Chair David Couch Jacquie Sullivan Special Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE of the City Council -City of Bakersfield Tuesday, October 23, 2007 1:00 p.m. City Manager's Conference Room City Hall, 1501 Truxtun Avenue -Suite 201, Bakersfield, CA A G E N D A 1. ROLL CALL 2. ADOPT SEPTEMBER 18, 2007 MINUTES 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Status Report - Program to Improve Vacant Commercial Buildings in the Downtown Area -Donna Kunz 5. NEW BUSINESS A. Feasibility of Downtown Commercial Location w/Parking Above/Retail Below - Donna Kunz 6. CLOSED SESSION 7. COMMITTEE COMMENTS 8. ADJOURNMENT • -~..~~ B A K E R S F I E L D ~RgFj, ~,~,,,_~ ~ ,~ Sue Benham, Chair Rho qda Smiley, A stant to the City Manager / P.I.O. David Couch For: Alan Tandy, City Manager Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, September 18, 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 1:02:54 PM ROLL CALL Present: Councilmember Sue Benham; Chair Councilmember Jacquie Sullivan Councilmember David Couch Staff present: Harvey Hall, Mayor Alan Tandy, City Manager John W. Stinson, Assistant City Manager Ginny Gennaro, City Attorney Rhonda Smiley, Public Information Officer Rick Kirkwood, Management Assistant Stan Grady, Development Services Director Raul Rojas, Public Works Director Bob Bivens, Bakersfield Police Department Brad Underwood, Public Works Operations Manager Andrew Whang, Associate Attorney Others present: James Geluso, Bakersfield Californian Lois Henry, Bakersfield Californian John Denney, Denney's Market Scott Hair, Green Frog Market Donnel Lester, Sierra Club -Buena Vista Group Bob Rutledge, Bob's Bait Bucket Heather Younger, Homeschool student Trish Younger, Teacher Roy Patrick, KERN Peter Samore, KUZZ Radio AGENDA SUMMARY REPORT Page 2 LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, September 18, 2007 2. ADOPT JULY 16, 2007 MINUTES Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Update on plastic shopping bags -Kirkwood/Gennaro 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 asked whether or not the City could enforce any types of Recycling requirements on stores that meet the criteria of AB 2449 but are not in compliance. Management Assistant Kirkwood stated that there is no punishment for failure to comply with AB 2449 unless the cities, counties, or state adopt civil penalties ranging from $500 to $2,000. The penalty amount will begin at $500 and increase with subsequent violations. - Scott Hair, Green Frog Market, stated that his store has been recycling plastic bags and other products for the past ten years. In 1994, they were the first grocery store in California to provide a reusable shopping bag to their customers. Mr. Hair is questioning the reason that only stores over 10,000 sq. ft. are being targeted with possible fines, when there are many other stores and businesses that are contributing to this problem. - John Denney, Denney's Market, states that his clientele requests to have items double and triple bagged, because they use the bags for their trash. His store does not fall under the AB 2449 law, but states that he is willing to help in any way he can. - Bob Rutledge, Bob's Bait Bucket, brought cloth reusable bags from Food Maxx for each Councilmember, along with some plastic bags from Sav A Lot (alt are made available to the shoppers for purchase). He feels that all retail stores along with other businesses should comply with the law and not just those stated in AB 2449. People really need to start using the reusable bags and stop using the plastic bags. To some it might not seem as a great issue now, but it will be a big problem for future generations. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, September 18, 2007 Page 3 - Donnel Lester, Sierra Club -Buena Vista Group, agrees with the preceding comments regarding the need for reusable bags and the fact that all stores should follow this law. There should be no certain criteria to meet in order to comply. Councilmember Couch stated that he had originally brought this issue to the Committee to explore any possible solutions and to research AB 2449 and understand how this law works. A status report on the effectiveness of AB 2449 will be brought back to the Committee in six months for review. 5. NEW BUSINESS A. Review and Discussion of Parade Ordinance and Routes - Rector/Gennaro Chief Rector explained how the current Parade Ordinance works and the five routes which are included. Staff proposes to add an additional route option to the ordinance. The permit application would be subject to the Municipal Code's nine criteria listed in the current ordinance. It is recommended that an appeal process to the City Manager's Office for any denied applications be added to the Municipal Code. City Attorney Gennaro stated that staff is ready to present the revised ordinance to the City Council for approval. Mayor Harvey Hall stated that during the review process of the applications, it is important that the City's expectations be made very clear to the applicants. Public Works Director Raul Rojas requested that the language of the ordinance also include that there will be no removal of public/private improvements. City Attorney Gennaro stated that this language could be added. Councilmember Couch stated that the applicant should be required to notify the affected residents of any upcoming parade. City Attorney Gennaro explained difficulties and issues that might arise with this requirement. Committee members voted to send to City Council for approval. B. Review and Discussion of Urban Development Committee Report No. 1-95 regarding Sidewalk Repair Program City Attorney Gennaro stated that the law has changed regarding this issue, and therefore is proposing changes to the City's current policy. Committee members agree that the City's policy needs to be updated to represent current Court decisions, and voted to send to City Council for approval. AGENDA SUMMARY REPORT Page 4 LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, September 18, 2007 6. CLOSED SESSION A. Conference with Legal Counsel -Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (One issue.) City Attorney Gennaro stated that there is no reported action from the Closed Session item. 7. COMMITTEE COMMENTS None 8. ADJOURNMENT 2:30:25 PM cc: Honorable Mayor and City Council B A K E R S F I E L D Economic and Community Development Department MEMORANDUM October 18, 2007 TO: City Council Legislative and Litigation Committee ((~~ ~ ~, FROM: Donna Kunz,-Economic D~elopment Director SUBJECT: Follow up report to City Council referral concerning vacan# downtown buildings and downtown infrastructure needs In July 2007, staff prepared a report to the committee detailing some ideas other than the development of a restrictive "Specific Plan" for the downtown area. The key elements to be addressed included a plan to "dress up" several vacant buildings located along Chester Avenue through a window dressing program and examine the existing infrastructure in the downtown including; alleys, streets, lighting, medians and other public improvements and provide maintenance as well as develop a long term capital improvement plan with identified funding sources. Window Dressing Program In partnership with the Kern Arts Council, we applied fora $10,000 Economic Development grant from PG&E. I am pleased to report that on October 15, 2007, the Arts Council received notification we received a funding award in the amount of $7,500. These funds will be augmented by the Redevelopment Agency for .this pilot program. The program will engage adults and children from the art community to dress up windows through the creative use of storefront .mannequins depicted in seasonal scenes. Coordination and implementation of the program will be through the Arts Council. Maintenance Issues Recreation and Parks, Public Works and EDCD are working together to address landscaping trimming, power washing of sidewalks and .cleaning of street decorative crossings, alleys and sidewalks. The focus area has been on Chester Avenue and many of the connecting side streets and alleys. Recreation and Parks have been actively trimming the trees near the lights and banner poles in preparation for the installation of the new banners and banner arms. In addition, EDCD has inspected the historic light fixtures installed in the first phase of the Ches#er Avenue Streetscape for deterioration and is arranging for repairs and replacement of broken banner arms and poles on these as well. The banners have been printed and the hardware ordered. Staff hopes to have the banners in place by December 6, 2007, in time for the Downtown Christmas Parade. Two kiosks constructed in the first phase of the Chester Avenue Streetscape suffered serious vandalism and etching. EDCD has arranged for refurbishment and relocation of one to 19tH and EYE Streets as part of the CDBG funded Eye Street project. Staff is exploring the possibility of relocating the second one currently located on :the SE corner of 19th and Chester to a new location, refurbishing it and then locating a business to adopt it for future continued maintenance. Infrastructure Analysis Unfortunately, EDCD staff has been unable to complete this analysis pertaining to the condition of the downtown infrastructure in time for this report. The EDCD department currently is experiencing a 25% vacancy rate and is recruiting for several positions at this time. Staff will have to address this analysis early next year. B A K E R S F I E L D Economic and Community Development Department MEMORANDUM October 18, 2007 TO: City Council Legisl tive and Litigation Committee ~~~ ~~ ~ FROM: Donna KunY;°~con mi~Development Director SUBJECT: Referral from David Couch concerning. the potential development of a mixed use public parking structure in downtown Staff has been exploring the feasibility of developing a public parking structure in downtown that would provide retail on the ground floor and parking on 3 or 4 floors above. The success of a structure of this type is highly dependent of the surrounding commercial development activity and the availability of required land. Public parking structures in downtown Bakersfield typically do not hold the appeal of surface parking due to location, ease of use and perceived or actual safety concerns. In addition, national parking studies have determined. that garage users prefer smaller structures of no more. than 3 floors. Office structures with attached employee parking garages fare well due to their restrictive use and controls. Aside from utilization issues, in California cost is a significant factor, usually resulting in private development choices of adjacent surface parking if land is readily available. The existing City Public parking garage continues to have high vacancy rates in its daily and short term parking usage. Several businesses in the near vicinity have purchased monthly employee parking permits and the garage has been retrofitted to allow for access of these users at all hours. The general consensus of the DBA members is that the City Parking Garage is not located in the proper location to encourage full utilization. However, if the Padre hotel is developed to full potential, it is expected that other business opportunities will also open up in the vicinity of this public garage bringing it to full utilization in the future. In examining the feasibility of pursuing another parking structure in Downtown within the next few years, staff has determined the most logical location would be on City owned land near Q Street, south of the railroad tracks. This location displays the highest volume of planned commercial, restaurant and entertainment development creating a high demand for parking for these uses. This new development combined with the existing Rabobank Area venues, Convention Center events, Ice Sports and McMurtrey Aquatics, offers the most viable. opportunity to provide the required revenue streams needed to assist with the garage development. Creating a 3 or 4 story garage with retail ground floor use at this location will also allow the remaining adjacent city owned land currently used for parking to be sold to a developer for additional commercial uses and providing funds towards the garage construction costs. The proposed garage location. is also within the Southeast Redevelopment Project Area, allowing the potential use of new tax increment generated from additional development activity in the immediate vicinity to be used to assist in the financing. LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, October 23, 2007 ATTENDANCE LIST NAME ORGANIZATION ,CONTACT: Phone/e-mail V l ~ ~'l ~ ~-~r~L ~ ~`~ 3~f' r ~( C1~ ~r ~ ~ -- ~~v~ ~~vL-~-cwn ~ ~ ~ - 3 7 Z/ ~ ~,,~.~ o--, C ~ d 3 Z. ~ ~- 3 ~ Sal 2 -37