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HomeMy WebLinkAbout08/19/2002 B A K E 'R S F I' E L D Al Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, August 19, 2002 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:07 p.m. Members present: Councilmember Sue Benham, Chair, leaving 3:20 p.m. Councilmember David Couch Councilmember Jacquie Sullivan, arriving 1:10 p.m. 2. ADOPT JULY 22, 2002 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING CITY VOTING DELEGATE AND ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Chairperson Sue Benham stated that though she would be attending a portion of the League's Annual Conference, she would be unable to attend the Saturday session and therefore was unable to serve as Voting Delegate. Committee Members David Couch and Jacquie Sullivan also indicated conflicts with their schedules relating to the Saturday session. As other Council Members had not indicated an interest in serving as Voting Delegate, it was suggested that a staff member be appointed to serve. Upon his indication that he would be attending, and the City Manager deferring to him, the City Attorney was asked to serve as Voting Delegate with the City Manager serving as Alternate. This wilt be presented to Council for its approval and forwarded to the League of California Cities. ADOPTED AS SUBI~IXTI'ED ON SEPTEI~IBER 23~ 2002. Agenda Summary Repo~~t Legislative and Litigation Committee August 19, 2002 Page 2 B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE ORDINANCE MODIFICATIONS TO ALLOW MOBILE MASSAGE Mr. Thiltgen reviewed the current proposed changes to the massage ordinance and indicated the review had provided an opportunity for positive changes. Several members of the public spoke regarding concerns with the proposal. These included expenses incurred by a client in obtaining a doctor's prescription (including the cost of the doctor's visit and time delays in scheduling appointments); the profession being held to a higher standard than required of others doing business in their homes; loss of individual health freedoms; restraint of trade; attempting to legislate morality; need for further review; need for massage practitioners to be better informed of the nature and breadth of the proposed changes, and the need for home therapy for those with health-related reduced mobility. Chairperson Benham indicated she was open to seeking community input and would like to know who in the community is really interested in further reviewing the ordinance. She asked those interested to provide staff with their names and telephone numbers so they could be contacted. She felt it demeaned the profession to require clients to get a doctor's appointment to visit a massage therapist. She asked Police Department representatives if this was a necessary component and if there were alternatives which could be used instead, such as providing record keeping on each massage conducted. Police Lt. Melvin Scott explained that constitutional issues came into play in activities conducted within a private home that were not encountered in a licensed business setting, Clients can go to providers at licensed locations. Committee Member David Couch indicated the City was not trying to impose the proposed changes. A review had been requested by members of the massage profession. Committee Member Jacquie Sullivan stated she felt the time is right for change and that there needs to be more review, with a balance with the Police Department's concerns, There was a need to educate the community and to work together to develop acceptable solutions. Chairperson Benham requested staff to review the County's process and requirements for conducting massage at the practitioner's home under a home occupation permit. Committee Member Couch asked staff to come back with comments on prohibited locations. City Attorney Thiltgen indicated he would be happy to meet with community members. C. REVIEW, DISCUSSION AND RECOMMENDATIONS RELATING TO THE REGULATION AND LOCATION OF TAXI STANDS Administrative Analyst Trudy Slater handed out a staff report which indicated the steps taken since the last meeting. She and Lt. Tim Taylor met with taxi representative Armando Elenes who clarified that the areas with which the taxi drivers were most concerned were the downtown bar/restaurant area, the Greyhound Bus station, the Airport Bus, and the Convention Center/Arena complex.. Staff discussions relating to taxi stands with the general managers of Greyhound Bus Station and the Airport Bus clarified that neither individual was in support of replacing on-street public parking spaces in front of their businesses with taxi stands. This also held true for the property directly north of the Agenda Summary Repo~ Legislative and Litigation Committee August 19, 2002 Page 3 Airport Bus. Reasons given for their views included the fact that taxi stands would reduce available parking and inconvenience their customers. The Greyhound Bus Station manager indicated the company was afraid the same types of problems would return that had existed before the taxi stands had been removed. Mr. Elenes had talked with representatives of O. L. A. Raza, Inc., who indicated they would support taxi stands in front of their business. A letter to this effect has been received by the City. Staff indicated possible sites for taxi stands existed directly east of the 18th and Eye Street parking garage (along Eye Street and currently designated as a loading zone), and south of the Convention Center/Garden complex along N Street near the parking lot. Mr. Filiberto Munoz, taxi cab driver, indicated these locations would be too far away from the customer base. Taxis needed to be where the customers were. Another driver noted the short distance allowed for taxi drivers to be from their cabs. Mr. Munoz also indicated in the Wall Street Alley area limousines frequently park in multiple spaces and remain for long periods of time. Lt. Tim Taylor will look into the issue of illegal limousine parking. Cathy Butler, Downtown Business Association, indicated a place for taxis at the 18th and Eye Street parking garage would be helpful to some businesses. In response to a question from Chairperson Benham, Mr. Munoz indicated the most important locations for taxi stands not already in existence were the Greyhound Bus Station and the Convention Center. Discussion ensued on available spots for taxi stands closer to the Convention Center/Garden complex. City Manager Alan Tandy explained that limited parking was heavily utilized by those wishing to purchase tickets to events. Replacing these with taxi stands which would receive less use would not best serve the greater public which used them extensively. He also explained that at event times the few spaces in the alcove directly east of the Convention Center were turned into handicapped parking, and at major events the streets were closed off. Thus, at high demand times, the locations would not be available for taxi stand use. Lt. Tim Taylor further indicated there are only half a dozen limited time parking spaces along Truxtun Avenue. Committee Chairperson Benham asked staff to survey the area north of 17th Street (southside cottage areas). Also mentioned was the area south of the Airport Bus for possible taxi stand sites but Mr. Munoz indicated that would be too far away. After further discussion, a motion was made, seconded, and passed, to start the process for restoring the taxi stands at the Greyhound Station. Staff will report back at the next committee meeting. 5. NEW BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING DOWNTOWN STREET CLOSURE PROCESS Administrative Analyst Trudy Slater handed out a staff report regarding the City's Special Events Permit process which is used for public requests for street closures. In the U.S.A. Cycling Championships event, the Greater Bakersfield Convention and Visitors Bureau Agenda Summary Repo~{~I Legislative and Litigation Committee August 19, 2002 Page 4 (CVB) provided the required paperwork including a plot plan (race route) within the apPropriate time frame and worked with the Police Department to assure street closures proceeded as allowed. A letter to the affected businesses was included in the application packet although a list of businesses to which the notification was mailed was not. Committee staff asked for and received an extensive list to which the notification was sent. Two issues occurred. Volunteers, eager to post the No Parking signs, may have placed the signs prior to the times actually needed. The list provided later to staff, while extensive, may not have reached all of its intended market. Mr. Dale Simpson, downtown business owner, indicated that for the event the streets were closed in excess of eight hours and the downtown businesses were told there would be more than 3,000 people attending. The previous weekend he had done $3,000 in business; the weekend of the event he did $100. All-day closures don't benefit business, and they lose sales. He was very concerned about the extended lack of convenient access to his business by customers. The petition he had presented to Council had 115 signatures on it. In response to Chairperson Benham's question, Mr. Simpson indicated he learned of the event about ten days ahead of time from another business. In response to Committee Member Couch's question, staff responded that pedestrians were allowed access as long as there were no hazards to the racers. Ms. Cathy Butler, Mr. Fred Prince, and Mr. Philip Bentley spoke on the efforts of the Downtown Business Association to bring life and prosperity into the downtown and on upcoming events being planned. Mr. Prince mentioned that various events were geared to attract diversity with benefit to different business groups for the general betterment of the downtown area. Ms. Butler distributed letters of support for the cycling event to Committee Members. Mr. Bentley encouraged people to become involved with the DBA and its events. Mr. Art Carlock, Highway 99 Committee, spoke about an upcoming October car event, indicating he is a Bakersfield native and wants to see good things happen for the community. They will have "goodie bags' for the October event and will be happy to place flyers of different businesses within them. Committee Member Sullivan indicated Ms. Butler's letters pointed to the strengths of the cycling event, and she felt it was more a plus to businesses than a minus. Chairperson Benham also indicated it was impossible to assess the value of following sales generated through repeat visits to the community after individuals enjoy a previous event. In response to a question from Chairperson Benham, Don Jaeger, CVB President, indicated the CVB made a reasonable effort to reach everyone within the impacted zone but admitted that some things may have slipped through the cracks. He suggested that although the City's ordinance doesn't allow for multiple day street closures, perhaps it should, and the City should consider requiring the no parking signs to have a date on them. Chairperson Benham directed staff to put together a 3 page report with recommendations which would help with future events. Committee Member Couch wanted to ensure that activity remains within any area which is to be cut off by an event. Agenda Summary Report Legislative and Litigation Committee August 19, 2002 Page 5 B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING VOLUNTEER AND ADOPT-A-HIGHWAY PROGRAMS INSURANCE REQUIREMENTS Administrative Analyst Trudy Slater distributed a staff report with background information on the City's procedures relating to its Adopt A Highway and Adopt An Area programs. Deputy City Attorney Alan Daniel explained the rationale behind requiring commercial general liability insurance for these types of programs. He indicated that insurance provides the better protection for the City than contractual waivers. Risk Manager Patrick Flaherty explained issues of concern: a) workers compensation-volunteers are not covered; b) the ability to sue the City if a volunteer is hurt; and c) damage caused by volunteers to others or other things through negligent acts. Luis Peralez, Streets Superintendent, explained that the City previously had ten Adopt-A- Highway groups and that all but one had dropped from the program since the insurance requirement was added. It is believed the insurance requirements played a central role in their decisions to drop out. In response to a Committee Member question, Mr. Peralez indicated that when Streets is approached for an Adopt A Highway area, City staff makes the determination of where the adopted highway areas are to be located. Committee Members Sullivan and Couch both indicated they were not ready to support dropping the program. Committee Member Couch asked staff to find out about the availability of insurance the City could purchase which would cover the City and its volunteers. Committee Member. Couch will talk with Mr. Enriquez, from the Keep Bakersfield Beautiful Committee, to ascertain his thoughts regarding the issue under discussion. 6. COMMITTEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 3:40 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Deputy City Attorney Alan Daniel, Deputy City Attorney Andrew Thomson;; Police Lt. Melvin Scott, Police Lt. Tim Taylor, Streets Superintendent Luis Peralez; City Treasurer Bill Descary; and Risk Manager Patrick Flaherty Other Attendees: Miguel Martinez, Patricia Trujillo, Sharon Anyan, Marilyn McKinley, Marsha Bidwell, Jess Molinar, Marsha Magnuson, Renee Nelson, Vanessa Rueda, Sharon Riggan, Donna Henderson, Jose S. Ramirez, Anselmo Marin, Filiberto Munoz, Elias Cardond, Israel Claros, Art Carlock, Chris Gibson, Kevin Taylor, Dale Simpson, Mary Stroud, Daise Beauford, Dawn Haeda, Toni Salomo, Margaret Hust, Beth Savens, Don Jaeger, Cathy Butler, Fred Prince, Phil Bentley, and Knute Berry. (L020819-MIN)