Loading...
HomeMy WebLinkAbout09/23/2002 B A K E R S F I E L D Alan ager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, September 23, 2002 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:06 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2. ADOPT AUGUST 19, 2002 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE REGULATION AND LOCATION OF TAXI STANDS - UPDATE Administrative Analyst Trudy Slater updated the Committee on actions taken since the Committee's last meeting. An administrative public hearing was held by the City Manager which resulted in the granting of two taxi stand permits in front of the Greyhound Bus Station on 18t' Street. The permits were approved with the condition that if situations such as had occurred in the past resurfaced the taxi stand permits would be revoked. Ms. Slater identified issues with utilizing public parking north of Centennial Garden as taxi stands. In response to comments from Mr. Armando Elenes, Committee Chair Sue Benham indicated that there is an issue with sacrificing limited existing parking for taxi stands. City Manager Alan Tandy stated the majority of visitors to the Garden enter from the south near where two taxi stands had been created. Committee Member David Couch suggested waiting to see how the taxi stands on N Street worked. Agenda Summary Repo~~I Legislative and Litigation Committee September 23, 2002 Page 2 Mr. Elenes indicated that taxi drivers who park in short-term-parking areas get misdemeanor tickets. Police Lt. Tim Taylor indicated tickets such as these could be written as either misdemeanors or infractions. He will contact his staff regarding the writing of infractions rather than misdemeanors in such cases. B. REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING DOWNTOWN STREET CLOSURE PROCESS Ms. Slater explained representatives from Finance, ED/CD, Police, the City Attorney's Office and the City Manager's Office met to discuss ways to facilitate the special event permit application process. Staff feels administrative changes can be made which will facilitate the process and recommends that the Police Department produce the street closure signs at cost for those requesting street closures. This would identify times and dates as well as the Bakersfield Municipal Code under which the sign is operative. Staff also suggested the City use its business license permit data base to create a user-friendly spreadsheet which includes information on all City business license permit holders, such as owner, business name, and address. The information could be formulated on a compact disk and updated once a year by I.T. staff. This information would be available for special events permit applicants at cost. The special events permit applicant would remain responsible for ensuring affected businesses were contacted regarding upcoming street closures. Committee Chair Benham opened the discussion regarding the October 25, 26, and 27 car show and Up on the Roof events. Mr. Tandy explained the Recreation and Parks Department was a co-sponsor for the car show event and that until recently there was no indication that the event was going to be controversial. He indicated the City had a moral obligation to allow the car show. Several members of the public spoke against and in support of the car show street closures. It was generally agreed by those against street closures that the problems occurred when the streets were closed before 6 p.m. Several people wanted the event moved, and it was suggested that Chester Avenue not be closed for events. Mr. Dale Simpson mentioned the 120 names on the petition as well as indicated an antique show was being held at the Fairgrounds the same Saturday. Mr. Bob Catalano indicated closing down the streets would mean a loss to business owners of thousands of dollars in sales and wished they wouldn't do it again. Mrs. Polly Catalano indicated there would not be enough parking for the Design Center Saturday tea event. Ms. Mary Burris indicated she was having a grand opening October 1 and suggested having the car show go somewhere else during the day, such as the Fairgrounds or Montgomery Ward. Mr. Jerry Baranowski stated that events bring benefits, and he doesn't like the business owners fighting with each other. Mr. Fred Prince indicated the DBA wanted to work with downtown businesses and wanted them to take advantage of walking customers, stating Bakersfield has a supportive Council and business climate. Ms. Cathy Butler indicated she had been talking with Pete Ramirez regarding the use of the lot behind Serrano's for the Design Center event at no cost to the event organizers. Mrs. Catalano thanked Ms. Butler. Ms. Debbie Caywood indicated she was in favor of events because she is always looking for new customers. Ms. Emily Thiroux, Spotlight Theatre, mentioned she was thrilled to have all the people downtown. Agenda Summary Re Legislative and Litigation Committee September 23, 2002 Page 3 Committee Chair Benham applauded Ms. Butler's offer of assistance with parking and encouraged her to follow through with it. Ms. Butler mentioned several parking lots that would be open to the public during the event. Lt. Taylor suggested leaving 19th Street open to cross traffic to help with access during the street closure periods. Mr. Catalano indicated that would not make any difference. Mr. Art Carlock, car show coordinator, indicated that would disrupt the show and plans that have been in the making for ten months. In response to a Committee question, Mr. Tandy indicated the special events permit application process was an administrative procedure and unless directed by the committee he would proceed with the application. Committee Chair Benham felt it was too late to change the parameters for the event. She would take the DBA at its word to provide parking. She feels more cooperation and communication is needed between DBA and non-DBA members. DBA calendars identifying upcoming events are available to the public at the DBA office. City staff was asked to provide visual aids which would let people know the whereabouts of available public parking during the event. Other issues discussed included the availability of public transportation and possible sidewalk sales to clearly identify businesses that are open. Committee Chair Benham asked the community members present to set a date to meet (such as in November) to come up with how to work together in the future and come back to committee with their findings. Committee Member Jacquie Sullivan indicated this was a good recommendation. Concerns expressed are compelling, and she encouraged attendees to work together to come up with acceptable compromises. 5, NEW BUSINESS A. REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING THE REQUEST FROM THE KERN COUNTY HOMELESS COLLABORATIVE TO SUPPORT PROPOSITION 46 ON THE NOVEMBER 2002 BALLOT Ms. Slater indicated the Kern County Homeless Collaborative had asked the City to support Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002, which would be on the November 2002 ballot. This was a bond measure in the amount of $2.'I billion which would allow financing of a broad variety of affordable housing construction: for rental housing for Iow-income seniors, disabled persons, and families with children; homeownership programs; emergency shelters and permanent housing for homeless seniors, battered women, mentally ill persons and veterans; farm worker housing; incentives for local governments to approve housing developments; and local code enforcement to revitalize neighborhoods. She noted that Council has historically not taken positions on propositions unless it was felt they had a major and direct impact upon the City of Bakersfield. She also mentioned the large size of the bond measure in comparison to other bond measures, specifically mentioning the $9 billion bond measure for high speed rail. City Attorney Bart Thiltgen indicated although this bond measure might provide some revenue for City programs, it would not have a major financial impact. Agenda Summary Re Legislative and Litigation Committee September 23, 2002 Page 4 Other concerns mentioned included the fact the City is not the primary source for funding programs of the type outlined in the bond measure. Committee Member Couch encouraged not taking a position. Staff was directed to craft a response to the letter of request from Kern County Homeless Collaborative for the Chair's signature. B. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE ECONOMIC FEASIBILITY OF PLACING CITY FLAGS ON CITY FACILITIES Ms. Slater highlighted the staff report included within the Committee packet. Four existing City flagpoles are flying the City flag, one each at City Hall, at the Centennial Garden, at Fire Station #1, and at the Corporation Yard. City flags currently cost about $140 per flag and generally have to be replaced four times a year, for an annual cost of $560. A free- standing flagpole costs approximately $1,300 with $600 in installation costs by City staff (total of $1,900). Other issues discussed included length of time a flag is expected to last, community members who keep staff informed if flags become worn or damaged, flag etiquette and protocol, sizes of flag poles, the possibility of flags being donated to the city by community members, flags being placed inside buildings as opposed to outside, and lowering of flags to half mast. Staff was asked to research whether a City flag, while still meeting color and other requirements, could be made of material which would last longer than the current life span of City flags. C. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING THE TAXI DRIVER'S PERMIT APPEAL PROCESS Mr. Tandy explained proposed changes streamlined the taxi driver's permit appeal process placing it under the review of the City Manager and providing more direction to the Chief of Police. Committee Member Couch recommended the proposed ordinance be forwarded to Council for approval. The motion carried unanimously. Administrative Analyst Slater was directed to contact Mr. Armando Elenes to ascertain whether there were any concerns on his part. D. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE PROPOSED RESOLUTIONS FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Ms. Slater identified department head positions on the League's ten proposed resolutions. After discussion, the Committee supported the recommendations of the department heads with the exception of Resolution #4. The Committee felt #4, which encourages the extension of assembly member terms to four years and senator terms to six years, with two-term limits, should be supported. The Committee recommended approving Resolutions #1, #2, #4, #5, #7, #8, and #10; disapproving #9; and taking no action on #3 and #6. These will be forwarded to Council for its approval at the Council meeting of October 2. Agenda Summary Repoi~ Legislative and Litigation Committee September 23, 2002 Page 5 6. COMMITTEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:50 p.m. Staff Attendees: City Manager Alan Tandy,' Administrative Analyst Trudy Slater, Assistant City Manager Alan Christensen, City Clerk Pam McCarthy; City Attorney Bart Thiltgen, Deputy City Attorney Alan Daniel; Police Lt. Tim Taylor; Economic Development Director Donna Kunz; Recreation and Parks Director Stan Ford, City Treasurer Bill Descary; and General Services Superintendent Steve Hollingsworth Other Attendees: Armando Elenes, Dale Simpson, Bob Catalano, Jerry Baranowski, Mary Burris, Polly Catalano, Fred Prince, Emily Thiroux, Art Carlock, Philip Bentley, Debbie Caywood, Cathy Butler, Art Carlock, James Burger (L020923-MIN)