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HomeMy WebLinkAbout02/19/1998 BAKERSFIELD Alan Tandy, City Manager Jacquie Sullivan, Chair Staff: Trudy Slater Irma Carson Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, February 19, 1998 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:17 p.m. Members present: Councilmember Jacquie Sullivan, Chair; Councilmember Patricia DeMond; Councilmember Irma Carson 2. APPROVAL OF DECEMBER 11, 1997 MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None APPROVED AS SUB~I"I'ED APIlTL 16, 1998 F LE C P¥ Agenda Summary Report Legislative and Litigation Committee February 19, 1998 Page -2- 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. MASSAGE PARLOR ORDINANCE Sergeant Tom Pryor reported that Lt. Scott had made inquiries with four different jurisdictions regarding mobile massage ordinances. Fresno, Modesto, Stockton, and Santa Clarita have no current language in their ordinances specifically addressing mobile massage. Modesto is in the process of writing an ordinance prohibiting it; Stockton is in the process of establishing an ordinance to allow it. Councilmembers Carson and Sullivan expressed interest in seeing Delano's ordinance to assess what seemed to make it work for that community. Councilmember Sullivan indicated a desire to avoid potential problems. Councilmember Carson made a motion to take no action and to continue the investigation. The Committee concurred. 6. NEW BUSINESS A. CLEAN UP LEGISLATION ORDINANCES 1) Chapter 5.22 - Entertainment Near Schools 2) Chapter 5.23 - Escort Bureaus 3) Chapter 5.26 - Hotels and Lodginghouses 4) Chapter 5.34 - Messenger Services 5) Chapter 5.44 - Public Dances and Dancehalls 6) Transient Photographers City Attorney Judy Skousen explained that the ordinances being reviewed by the Committee were part of an on-going clean-up process by City Treasurer Bill Descary and the City Attorney's Office regarding various City permits and processes. In their review they had found some permits served no current purpose and needed to be repealed, changed, or reformatted. The changes were proposed with this in mind. Those changes included: Agenda Summary Report Legislative and Litigation Committee February 19, 1998 Page -3- The City's Entertainment Near Schools ordinance needed to be repealed because the kind of entertainment that shouldn't be near schools is regulated under the City's Adult Entertainment ordinance. Proposed changes to the Escort Bureaus ordinance includes condensing it, taking out ambiguities, and eliminating the need for renewals. Councilmember DeMond asked for reasons for eliminating renewals. City Treasurer Bill Descary indicated in the permit renewal process the City only charges for the actual costs incurred by the City in the renewal process. This is different from the Business License process which is based on income/revenue and has an easy renewal process. Permit renewals require the same process as a new permit so that an inordinate amount of staff time is spent in revisiting issues addressed in the original permit process. Upon questioning whether the revocation process gives staff adequate control if the renewal process is eliminated, staff responded in the affirmative. Hotels and Lodginghouses ordinance changes include a new format and prohibitions of renting a room more than once in a 24-hour period and renting a room for prostitution or sales of drugs. The suggested repeal of the Messenger Services ordinance was based on its lack of criteria and regulation. Police Department personnel indicated this ordinance had not been an issue for them. Changes to the Public Dances and Dance Halls ordinance include putting it into current format and eliminating the renewal process. City Attorney Judy Skousen explained that if an establishment serves alcohol and has live entertainment, it needs a cabaret permit. If it doesn't serve alcohol and allows public dancing, then it needs a Public Dances permit. The Transient Photographer's ordinance was proposed for repeal since it was not used and had no regulations within it. Councilmember Sullivan questioned whether the biggest change proposed was the elimination of annual renewals. Staff indicated that permits are not transferrable .so that if there was a change in ownership it would trigger a new permit process. The revocation process protected the City's interests while freeing up valuable staff time. Agenda Summary Report Legislative and Litigation Committee February 19, 1998 Page -4- Councilmember DeMond suggested that staff include a brief synopsis of the reasons for eliminating the renewal process when it is presented to Council. Committee members approved the proposed ordinance changes for forwarding to Council. B. LEGISLATIVE PLATFORM The Legislative and Litigation Committee reviews the City's Legislative Platform annually to keep the Platform focused on current and high priority issues. Committee members reviewed the 1997 Legislative Platform and proposed changes. Administrative Analyst Trudy Slater expanded upon suggestions forwarded by department heads. It was agreed that the proposed Platform was broad enough to give the Council the guidance it needs and yet specific enough to allow staff to proceed with legislative support for issues of concern. A motion was made by Councilmember DeMond, seconded by Councilmember Carson and approved by the Committee to forward the revised platform to Council for acceptance as the City's 1998 Legislative Platform. The annual review of the City's Legislative Platform helps the City to focus its limited resources on areas of greatest concern and provides a basis for quick response by City legislative advocates and departments to legislative issues that arise. 7. ADJOURNMENT The meeting adjourned at 4:45 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Judy Skousen; Police Captain Dave Jackson, Police Sergeant Tom Pryor; City Treasurer Bill Descary Other Attendees: Lisa Friedman, Bakersfield Californian (P:\L&L\L980219.MIN)