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Home My WebLink About1998 ADMINIST TIVE REPORT I MEETING DATE: July 15, 1998 I AGENDA SECTION: Reports ITEM: ].0. a. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEA~___~~ DATE: June 30, 1998 CITY ATTORNEY CITY MANAGER~e~~. SUBJECT: Legislative and Litigation Committee Reports: 1) Majority Report No. 2-98 Regarding Massage Parlor Ordinance 2) Minority Report No. 3-98 Regarding Massage Parlor Ordinance RECOMMENDATION: and accept reports and take action as deemed appropriate. BACKGROUND: At the Legislative and Litigation Committee meeting of June 16, 1998, committee members reviewed a request to allow open-view, out-call mobile chair neck massage within the City. A change in the City's existing massage parlor ordinance would be required as the ordinance requires a massage to be performed at an establishment for which a permit has been issued. The Police Department conducted a requested survey of other cities regarding their policies and procedures on mobile chair neck massage. They found, as it is a new area, there was not enough data to quantify pros and cons. The Police Department, however, was strongly opposed to any change in the current ordinance which would favor out-call mobile massage, indicating that it would contribute to prostitution and other illegal activity. Additionally cited were difficulties in effectively regulating client appointment dates, times, and locations as well as the safety of the individual masseuse when encountering unfamiliar clients. A majority of the members of the Legislative and Litigation Committee advocated maintaining the existing strong ordinance as recommended by the Police Department and maintaining the integrity of professional massage within the City. The majority report of the committee (No. 2-98) reflects the majority position of the committee to make no changes to the existing massage parlor ordinance at this time. A minority position was taken by the remaining Legislative and Litigation Committee member who advocated crafting an ordinance which would be stringent enough to allow open-view, mobile neck massage only in businesses with more than one person, only during business hours, on a case-by-case basis, to licensed ividuals. The minority report of the committee (No. 3-98) reflects the minority position of the committee uesting the Council consider a modification to the existing massage parlor ordinance to include provisions for out-call mobile chair neck massage. (P:\L&L\L071598adm) July 8, 1998, 8:30AM · ~ CITY OF BAKERSFIELD · .. ~ '....,., , LEGISLATIVE AND LITIGATION COMMITTEE ~' .......... REPORT NO. 2-98 ~ JULY 15, 1998 -- TO: ,-, . ,. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: MAJORITY REPORT REGARDING MASSAGE PARLOR ORDINANCE At the Legislative and Litigation Committee meeting of June 16, 1998, the Committee reviewed a request to allow open-view business out-call neck massage within the City~'which would require a change in the City's existing massage parlor ordinance which requires the massage to be performed at an establishment for which a permit has been issued. The Committee r~viewed a recommendation from the Police Department which strongly opposed changing the ordinance to allow out-call massage, citing a number of possible problems, including contributing to prostitution and other illegal activities, the inability to effectively regulate client appointment dates, times and locations, and the safety' of the individual masseuse. The majority of the committee advocated maintaining a strong ordinance as recommended by the Police Department and maintaining the integrity of professional massage within the City. After considerable discussion among members of the Committee, a motion was made and seconded to make no changes to the existing massage parlor ordinance at this time. The motion passed, with Councilmember Carson opposing and requesting a minority report supporting an ordinance change to allow out-call massage. CITY Of BAKERSFIELD.'i.~ .' ' ".' . ...... i'i '. ....... PAGE 2 LEGISLATIVE AND LITIGATION COMMITTEE ........... ' JULY 15, 1998 REPORT NO. 2-98 '." .' ...' - .' ~' ' Legislative and Litigation Committee members Jacquie Sullivan and Patricia Oeaond','"therefore, 're'~pectfully"reques~'the City Council reCeive'and file this majority report ~ . , .h...~,..~ .., ~i :. ~ ~ .~' -~ ., ,".'': Respectfully submitted,. Councilmember Patricia J. DeMond ..... -.. :; . .... . · : ......... . ~. .~ -, :~'.. ' . . ,;' ;., CITY OF BAKERSFIELD . ... ~., LEGISLATIVE AND LITIGATION COMMITTEE . ~ REPORT NO. 3-98 . · JULY 15, 1998 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: MINORITY REPORT REGARDING MASSAGE PARLOR ORDINANCE At the Legislative and Litigation Committee meeting of June 16, 1998, the Committee reviewed a requestto 'allow opeii-view business out-call neck massage within the City, which would require a change in the City's existing massage parlor ordinance which requires the massage to be performed at an establishment for which a permit has been issued. The Police Department strongly opposed changing the ordinance to allow out-call massage. A majority vote of the committee recommended no changes to the existing massage parlor ordinance at this time. A minority report was requested recommending a change to allow out-call mobile chair neck massage. The minority position advocated crafting an ordinance which would be stringent enough to allow open-view, mobile neck massage only in businesses with more than one person only during business hours, on a case by case basis, to licensed individuals and suggested monitoring controls could be developed regarding open view business operations and call logging. Legislative and Litigation Committee member Carson, therefore, respectfully requests the City COuncil to accept this minority report and consider a modification to the CITY OF BAKERSFIELD ' PAGE 2 LEGISLATIVE AND LITIGATION COMMITTEE ~" "'~' " JULY 15, 1998 REPORT NO. 3-98 existing massage parlor ordinance to include provisions for out-call mobile chair neck massage. ,: ~ .' ', · - "'-~, ' .... ~ .... "-'- ' '~'. - ........ pe'cffully :"* ":.~ .-' ' ,: :"- Res submitted, ' ', · :'--' , -:" ~ '.- Councilmember Irma Carson ..... _., ? .,, , . - :.:., ' .-...~ (P:~&L~L3-98.rpt) ADMINISTRATIVE REPORT MEETING DATE: March 11, 1998 I AGENDA SECTION: New Business I ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: February 24, 1998 CITY ATTORNEY CITY MANAGER SUBJECT: 1998 Legislative Platform RECOMMENDATION: Legislative and Litigation Committee recommends approval. BACKGROUND: Current legislative concerns are captured in the City's Legislative Platform which identifies the City's legislative priorities for the year. This allows the City to focus its limited resources on areas of greatest concern. It also provides a basis for quick response by City legislative advocates and departments to legislative issues that arise. Each year the Legislative Platform is reviewed to see if it reflects current needs. The Legislative and Litigation Committee met on February 19, 1998 to review the 1997 Platform and input which had been received from department heads. Additions to the Platform focused on opposing legislation which places governmental agencies in competition for limited fiscal resources and supporting legislation which provides funding of cultural as well as recreational and open space programs. With these changes, the Committee feels the Platform adequately reflects the City's current legislative concerns. Therefore, the Legislative and Litigation Committee respectfully requests that Council accept the proposed 1998 Legislative Platform. (P:\L&L\L031 ladm) February 25, 1998, 4:15PM CITY OF BAKERSFIELD 1998 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. IT, THEREFORE, IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP WITHIN THE CITY'S BORDERS AS WELL AS WHEN DEALING WITH OTHER LEGISLATIVE ENTITIES. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 1998. GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW FOR DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. OPPOSE LEGISLATION WHICH ALLOWS STATE CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. OPPOSE LEGISLATION THAT PLACES GOVERNMENTAL AGENCIES IN COMPETITION FOR LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT PROVIDING ADEQUATE FUNDING. QUALITY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS AIR AND WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION IN STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES CONTINUED FUNDING OF CULTURAL, RECREATIONAL AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION THAT CALLS FOR APPROPRIATE MUNICIPAL REPRESENTATION ON POLICY-MAKING BODIES WITH INTER JURISDICTIONAL POVVERS (I.E., THE LOCAL AGENCY FORMATION COMMISSION, THE COUNCIL OF GOVERNMENTS, AND IMPROVEMENT DISTRICT :#,4). SUPPORT LEGISLATION VVHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. SUPPORT LEGISLATION WHICH FACILITATES AND EXPEDITES MUNICIPAL ANNEXATION EFFORTS. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS. FINANCES SUPPORT LEGISLATION VVHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES ARE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED ECONOMIC DIVERSIFICATION OF THE LOCAL ECONOMY. SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES. SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS. OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM JANUARY 30, 1998 TO: HONORABLE MAYOR AND CITY COUNCIL DEPARTMENT HEADS SLATER, ADMINISTRATIVE ANALYST III [~~ ~ FROM: TRUDY SUBJECT: 1998 LEGISLATIVE PLATFORM As part of its annUal review of the City's Legislative Platform, the Legislative and Litigation Committee seeks input from the City's elected officials and department heads. Councilmember Sullivan, Chair of the Legislative and Litigation Committee, has asked me to seek your input on current year legislative concerns which need to be reflected in the Platform. She would like to receive your input by February 12 if at all possible so that it can be considered when the Legislative and Litigation Committee reviews the Platform at its meeting on February -19. Please review the attached and make any comments you feel are important to keep the Platform current and up-to-date. Please return your comments to me for compilation for the Committee's review. Thank you. (P:\L&L~Plafform98~19801301) Attachment: 1997 Legislative Platform cc: Alan Tandy, City Manager CITY OF BAKERSFIELD 1997 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. IT, THEREFORE, IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP WITHIN THE CITY'S BORDERS AS WELL AS WHEN DEALING WITH OTHER LEGISLATIVE ENTITIES. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 1997. GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW FOR DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. OPPOSE LEGISLATION WHICH ALLOWS STATE CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. C~UALITY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS AIR AND WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION IN STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES CONTINUED FUNDING OF RECREATIONAL AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION THAT CALLS FOR APPROPRIATE MUNICIPAL REPRESENTATION ON POLICY-MAKING BODIES WITH INTER JURISDICTIONAL POWERS (I.E., LAFCO, COG, ID-4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL VVlTH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. SUPPORT LEGISLATION WHICH FACILITATES AND EXPEDITES MUNICIPAL ANNEXATION EFFORTS. . OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS. FINANCE~S SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES ARE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED ECONOMIC DIVERSIFICATION OF THE LOCAL ECONOMY. SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES. SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS. OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. (P:~&L~LEGPLAT,97)