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HomeMy WebLinkAbout06/25/2001 BAKERSFIELD Alan Tandy, Cit~anager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITrEE Regular Meeting Monday, June 25, 2001 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:05 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan arrived at 1:35 p.m. 2. ADOPT APRIL 23, 2001 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW AND DISCUSSION RELATING TO PERMITS FOR VENDORS CONDUCTING SALES FROM PORTABLE CONCESSION STANDS IN CITY PARKS City Attorney Bart Thiltgen explained permanent vending structures in City parks had been removed and the proposed changes focused on portable vendors. The ordinance would replace the current moratorium, set to expire in July, which had been issued to give staff an opportunity send out RFPs to ascertain interest in a limited number of vendors presenting a uniform and consistent way of dealing with park concessions. Response to the RFPs was minimal. The proposed changes will eliminate commercial activity in City parks unless the applicant is a non-profit entity or a vendor that contracts with the City and clarifies that City- sponsored events are exempt from the regulations, as well as those vendors that contract with the City at a City-sponsored event. ~ADOPTED AS SUBi~TI'ED ON AUGUSt? 27, 2001 Agenda Summary Report Legislative and Litigation Committee June 25, 2001 Page 2 Recreation and Parks Director Stan Ford explained the reasons behind the previous removal of permanent vending structures in City parks, including the deterioration of the buildings and other health-related issues. In response to Committee Chair Sue Benham's questions related to the La Rosa carts, Mr. Thiltgen responded that La Rosa carts were currently allowed on the sidewalks and not meant to be in the parks; the ordinance would not affect this aspect. The La Rosa vendor would not be able to get a permit under the new changes as they focused on non-profits and city contractors. Committee Member David Couch motioned the proposed ordinance be forwarded to Council for approval, Chairperson Benham seconded, and the motion carried. B. REVIEW AND RECOMMENDATION REGARDING PUBLIC ACCESS TELEVISION Mr. Thiltgen indicated that of the five entities surveyed, four of their franchises included provisions which allowed them to require their respective cable companies to provide public access. The fifth entity had formed a cable television commission which followed closely the limitations set forth in Time Warner's policy. He indicated the City's franchises do not have such requirements and the City cannot force them in to it. Mr. Jeff Thielscher, financial officer for KCPA-TV, provided Chairperson Benham with a folder labeled KCPA-TV Proposal to FCC containing a paper trail. He feels Time Warner is breaking the law and would like the City to help KCPA-TV negotiate with them. He stated the County would not help them. Mr. D. K. Mason, KCPA-TV, indicated he would like the City to offer them some support, even a token. He stated he felt this would send a positive signal to the community. Committee Member Couch asked which and what laws had been broken, and Mr. Thielscher indicated they would get an attorney after receiving non-profit status to assist them. Time Warner was a bully. Committee Chair Benham restated the three minute limit on speakers. She reiterated that Mr. Thiltgen's stance was that Time Warner had broken no laws. After further discussion, the Committee concluded no action was needed at this time. A report to Council would be made. Staff was directed to include the public access television proponents in future cable company negotiations caused by changing federal laws or in future franchise agreement negotiations. 5. NEW BUSINESS A. REVIEW AND RECOMMENDATION RELATING TO SKATEBOARD RESTRICTIONS IN THE AREA OF OLD TOWN KERN Mr. Thiltgen explained that business owners in the Old Town Kern area had been having problems with skateboarders and had asked for assistance. A proposed change to the City Agenda Summary Report Legislative and Litigation Committee June 25, 2001 Page 3 ordinance would have extended the City's prohibition of skateboarding in the central traffic district to any sidewalk within all City commercial zones. City Manager Alan Tandy indicated such a change would be virtually impossible to enforce, and police representatives noted a lower-level priority 4 call (such as a skateboarding violation) could have a 90-minute to 2-hour delay. Committee Member Jacquie Sullivan mentioned the damage done by skateboarders in Centennial Plaza and the posting of signs as done in the downtown area. The Committee generally agreed there was skateboarding abuse, but felt the proposal was too broad and needed to be more specific. Staff was directed to limit the skateboard prohibition to the Central District and Old Town Kern and to bring the issue back to Committee at the next meeting. B. DISCUSSION, REVIEW AND RECOMMENDATION REGARDING TOBACCO SELF SERVICE DISPLAY ORDINANCE Mr. Thiltgen reviewed the history behind the City's current resolution asking for voluntary compliance in limiting self service tobacco displays and commented on current tobacco court cases. Mr. Johnathan Cartier, Kern County Department of Public Health (KCDPH), and Mr. Bill Mason, KCDPH Tobacco Education Program, urged the City to establish an ordinance banning self service tobacco displays. Committee Member Sullivan indicated she wanted Bakersfield to take the lead with a hard stance on the issue and wanted the ordinance moved forward. The motion was made, seconded and passed to direct staff to forward the ordinance to Council for approval. The ordinance was not to become effective until January 1, 2002, to allow adequate time for businesses to comply with the new requirements. Committee Chair Benham requested that the second reading be delayed until the Council meeting of August 22 as she was unable to attend the prior Council meeting. C. DISCUSSION REGARDING LEAGUE OF CALIFORNIA CITIES ANNUAL MEETING Administrative Analyst Trudy Slater explained the role the Legislative and Litigation Committee plays in both recommending to Council a Voting Delegate and Alternate to the League's annual meeting and also recommending positions on proposed League resolutions. Voting delegates were normally chosen from among those planning to attend the conference. Ms. Slater indicated those who had indicated plans to attend the annual conference this year were Mayor Hall and Councilmember Carson, as well as Committee Members Couch and Sullivan. Although Committee Member Couch indicated the Chair of the Legislative and Litigation Committee often served as the Voting Delegate, Committee Chair Benham indicated her schedule would not allow her to attend the conference this year. After further discussion, the Committee directed staff to determine if Mayor Hall would be willing to serve as Voting Delegate. Committee Member Sullivan was recommended as Alternate. Both Councilmembers Couch and Sullivan indicated their willingness to serve as Voting Delegates or Alternates, if needed. Recommendations would be forwarded to Council for approval. Agenda Summary Report Legislative and Litigation Committee June 25, 2001 Page 4 D. REVIEW AND RECOMMENDATION RELATING TO PROPOSED TAXICAB ORDINANCE REVISIONS Mr. Thiltgen explained the minor changes proposed in the taxicab ordinance revisions and that there had been no opposition to them. Police Lt. Alan Zachary indicated the changes clean up the ordinance and provide for customer observable taxicab driver identification. There was nothing of a punitive nature within the proposed changes After discussion, it was motioned, seconded, and passed to forward the proposed ordinance changes to Council for approval. E. STAFF REPORT AND COMMI'I'rEE RECOMMENDATION REGARDING REVISION TO CHAPTER 5.32 OF THE MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS IN ORDER TO CONFORM WITH STATE LAW Mr. Thiltgen explained the proposed changes conform with State law and added, based upon discussions with the Bakersfield Massage Training Institute, 100 hours of classroom time plus 100 hours of internship for massage technician permits. Declaring this an urgency item eliminates the normal 30-day wait before an ordinance takes effect. Ms. Margaret Hust, Director/Instructor of the Agape School of Massage, Agape Restoration Center, indicated her support for the proposed changes. A motion was made, seconded, and passed to move the urgency ordinance forward to Council for its approval. 6. COMMI'I'rEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:30 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Deputy City Attorney Virginia Gennaro; Lt. Alan Zachary, Police Officer Bill Ware, Lt. Mel Scott, Detective Scott Carvel; Treasurer Bill Descary Other Attendees: Denny Art, Jeff Thielscher, James Burger, D. K. Mason, Bill Martin, Johnathan Cartier, Matthew Morrow, John Lay, Margaret Hust