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Home My WebLink About11/27/2007B 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, November 27, 2007 1:00 p.m. City Manager's Conference Room City Hall, 1501 Truxtun Avenue -Suite 201, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT OCTOBER 23, 2007 MINUTES 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS 5. NEW BUSINESS A. Code Enforcement issues regarding Foreclosure Homes (re: City of Manteca proposed ordinance) -Stan Grady/tinny Gennaro 6. CLOSED SESSION 7. COMMITTEE COMMENTS 8. ADJOURNMENT • '_~~~ B A K E R S F I E L D ~R'~T Sue Benham, Chair Rho da Smiley, Ass nt 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, October 23, 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 1:04:18 PM. ROLL CALL Present: Councilmember Sue Benham; Chair Councilmember Jacquie Sullivan Councilmember David Couch Staff present: John W. Stinson, Assistant City Manager Ginny Gennaro, City Attorney Josh Rudnick, Deputy City Attorney II Rhonda Smiley, Public Information Officer Rick Kirkwood, Management Assistant Stan Grady, Development Services Director Donna Kunz, Economic Development Director Others present: James Geluso, Bakersfield Californian Brian Todd, WPR Builder Services 2. ADOPT SEPTEMBER 18, 2007 MINUTES Adopted as submitted. 3. PUBLIC STATEMENTS None AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, October 23, 2007 4. DEFERRED BUSINESS A. Status Report -Program to Improve Vacant Commercial Buildings in the Downtown Area -Donna Kunz In July 2007, a report was prepared which addressed key elements to dress up windows of vacant buildings along Chester Avenue and to examine the existing infrastructure in the downtown including; streets, lighting, medians, and other public improvements. The City, in partnership with the Kern Arts Council, applied fora $10,000 Economic Development grant from PG&E to assist with the "Window Dressing" program. On October 15, 2007 the City was awarded $7,500, which will be used toward this program. The coordination and implementation of the program will be through the Arts Council. This program will also include individuals from the art community to dress up windows through the creative use of storefront mannequins depicted in seasonal scenes. In reference to buildings with "boarded up" windows, murals will be applied to the wood in place of having the windows replaced at this time. Staff will provide a quarterly update on the program. City staff is working together to address landscaping trimming, power washing of sidewalks and cleaning of street crossings and alleys. The current focus is on Chester Avenue and many of the connecting side streets and alleys. Trees near the lights and banner poles have been trimmed in preparation for the installation of new banners and banner arms. Historic light fixtures have been inspected for deterioration, and repairs and replacements have been arranged for any broken banner arms and poles on these. Staff anticipates 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 have suffered serious vandalism and etching. The one located in front of the bus station will be refurbished and relocated to 19th and Eye Streets as part of the CDBG funded Eye Street project. Nearby businesses will adopt it and post various announcements and public information on it. The one located on the southeast corner of 19th and Chester Avenue will be taken down at this time. Staff is exploring the possibility of refurbishing and relocating it to a new location, and also locating a business to adopt it for future continued maintenance. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, October 23, 2007 5. NEW BUSINESS A. Feasibility of Downtown Commercial Location w/Parking Above/Retail Below -Donna Kunz It was stated in a recent magazine report on downtown advocacy. that there are two types of parking structures. The first type would be those structures intended for frequent users; for example, employees that park there everyday. The parking spaces are much tighter and used by the same people daily. The other type is intended for infrequent users, such as people shopping or taking care of business in the area. This type of structure is not as efficient cost wise. These structures have more requirements: larger parking spaces, a lot more way-finding signs to direct users towards them, and more attractive amenities attached to them to attract more transient type users. Staff has explored the feasibility of developing a public parking structure downtown that would provide retail on the ground floor and parking on floors above. This type of facility must be located in an area that is pedestrian friendly for safety concerns, and is dependent of the surrounding commercial development and the availability of required land. In pursuing another parking structure downtown within the next few years, staff has determined the most logical location would be the Mill Creek area. This land is City owned and has the highest volume of planned commercial, restaurant and entertainment development, which will create a high demand for parking. In order to make a proper size garage, it would require a full city block. This would be looked at as a public/private partnership with opportunity to sell additional land for commercial development, which will give us some funding towards the garage construction costs. This proposed location is also within the Southeast Redevelopment Project Area, which would allow the potential use of new tax increment generated from development activity in the vicinity to be used to assist in the financing of this project. Committee member David Couch stated that there is a great need for public parking east of Chester Avenue, and would like for any future development in that area to attempt to include this type of parking facility. Economic Development Director Donna Kunz stated that in order for such an attempt to be made, the development project would have to include a large area of land, and not just a few acres here and there. A large anchor is needed, such as the anticipated Federal Courthouse. Staff will continue to look for other suitable downtown locations, but to put a facility in place within the next seven years, Mill Creek is the most feasible location. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, October 23, 2007 6. CLOSED SESSION None 7. COMMITTEE COMMENTS None 8. ADJOURNMENT 1:38:45 PM cc: Honorable Mayor and City Council The following documents pertain to the: LEGISLATIVE & LITIGATION COMMITTEE meeting of Tuesday, November 27, 2007 at 1:00 PM. Vacant Building Ordinance Vacant Buildings Premise -Vacant structures present blight and detriment to the surrounding neighborhoods. Varies dramatically with levels of maintenance. Vacant Building Ordinance Ordinance regarding measures and penalties for vacant structures. Do we need a "VBO"? Define intent of VBO. Level of Enforcement. Type of Enforcement. ~'~-picaf Vacan# Buildings ~~N~wrer Neigf~bQrh~od" -Vacan# ~~ ~` ~ ~~~. ~ ~ ' 4~ ~I 2 I Typical Vacant buildings ~~~~4~MIrc1,t~:i 1-lainhltn~'het~t~'~ - V~C~nt ~~ r, Typical Vacant buildings ~ ~~Established Neighborhood" -Vacant ~ ~ -_ `" x ~. i J .~ ~' r ^~ , c x ,, n ~. o- ~ o psi 9 1 ~~~~~~ Typical Vacant Buildings ~iEstablished Neighborhood" - Abandoned ~ ____~-_. ..._.._._ ~...a.~.~.._ _ r,;~ ~# ~4 ~, F~ „~ 4y, ~ ~~ ~~ ~~~ I a ~~ ~. 3 Typical Vacant Buildings °~Established Neighborhood" - Moderate i -- ---- -- - ~ z ~= Y ~ ~ b I ~ r ~ti' ~: ~ ~ 1 n_ ~f _.,w .y, .. aw. .... ~ .. .;„-_.. Typical Vacant Buildings "Estabiished Neighborhood" -Severe t : ~_ ~ ». ,.r 1 Other Jurisdictions Reviewed ~ Manteca Palm Springs Fresno Sacramento Evanston, Illinois -~ 4 4a#e~~,4:a °~ ~ Defines Vacant Building Establish standards of maintenance ~! Establish process for administrative civil penalties. ($1000 per day, $100,000 per parcel max.) ~ i Establishes board-up standards ~ i t i~ Pals~n S~arinc~s V1E3O Defines Vacant Building (Targets landlords) Establish standards of maintenance Establish process for administrative civil penalties. ($1000 per month) Fresno's VBO Defines Vacant Building Establish standards of maintenance Registration for "Vacant Building Plan" (Fee at registration) Establish process for administrative civil penalties. (Tiered $1000 to $7500 per 90 ~ day period) I 5 Sacramento's VBO Defines Vacant Building Establish standards of maintenance Registration for "Vacant Building Plan". (includes monthly monitoring fee) Requires of posting of owners info on front of structure in conspicuous place. Establish process for administrative civil penalties. (Tiered $1000 to $5000 per 30 day period) ., Evans#on, Illinois VB® _. _ ___ Defines Vacant Building Establish standards of maintenance Registration for "Vacant Building" (annual fee) Insurance standard requirements (liability) Exterior lighting standards Requires posting of owners info on front of boarded structure in conspicuous place.(2'x2') Establish process for administrative civil penalties. (Tiered $100 to $750 per day) ~---- --- ~\ Bakersfield ~ ~u~~~ntt~ Administrative Process Abate Public Nuisance Over grown yards/weeds ~ Trash/Debris i Secure Vacant Structure Board-up Standards I i 6 Considerations of VBO Intent of Ordinance Maintenance Standards Penalties Level of Monitoring Registration/Plan Frequency of Site Inspection 7 PUBLIC STATEMENTS SPEAKER'S CARD Legislative and Litigation Committee of the City Council Committee Meeting Date ~~ /2? ~ 0-7 You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Sue Benham Name: v ~ ~ / y ~~ Company/ Organization: Address: 1~~ ~ ~V e 0 C~ O .~ Phone: U L ~'~ S Z~-Fax/e-mail: Subject: ~-, ! /~ / ~ C~1 ~[~ro '~ ~ PUBLIC STATEMENTS SPEAKER'S CARD Legislative and Litigation Committee of the City Council Committee Meeting Date ~~/ ~~ r ~~ You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Sue Benham Name: '~ Company/ ~ Organization: I 1 Address: ~~~o~ ~,~,~~pqa-t ~( ~~~ Phone: 5~ - ~4 Fax/e-mail: n g s~je~t: u u PUBLIC STATEMENTS SPEAKER'S CARD Legislative and Litigation Committee of the City Council Committee Meeting Date //~27 ~pJ You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Sue Benham Name: ) if~~ Company/ Organization: Address: Phone: ~~~ - ~ ~~ Fax/e-mail: Subject: ~~ LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, November 27, 2007 ATTENDANCE LIST NAME ORGANIZATION CONTACT: Phone/e-mail ~~ N~ ~ r~ ~,~ ~ ~3C~-32-S~D ~~. n ~ r ~(l~5 ~~c~ r'tii Iv ~~S - ~3~ ~ a ~ ~ en ~c~~o ~o u ~- ~-~ ~1 D ~ - ~ ~ o "7 ,~C~~fs..., ~~~1~~ sk C-~ 3Z6 -~~ ~~~ ~c~,or~~ G~C~ 2jZ~ ~~Z7( ~ ~- ANN - ~ -~~ ~ ~- ~Gy ~3-~C~~ z6~~,~f-- ~Y; ~e -rg~ 3gs-~a q ~ I ~ ~~ ti