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HomeMy WebLinkAbout07/22/2002 B A K E R S F I E L D Alan Tandy, O~ Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, July 22, 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, arriving 1:12 p.m. 2. ADOPT JUNE 17, 2002 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. CONTINUING REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE ORDINANCE MODIFICATIONS TO ALLOW MOBILE MASSAGE City Attorney Bart Thiitgen explained the proposed draft ordinance on massage/bodywork establishments, stating a few modifications needed to be made. New requirements for out- call/on-site massage would include, among others, continuing education, clear definitions, authorization of physicians or chiropractors, and the Police Chief's suspension or revocation. He reiterated achieving compliance was the goal of the ordinance. Committee Chair Sue Benham asked that "out call" massage be changed to "off site" massage as requested by industry representatives. Marsha Magnuson, Renee Nelson, and Jesus Carpio spoke on their concerns. A discussion ensued on requiring permits for reflexology. It was generally agreed by Committee Members and residents in attendance that the issue would be addressed again at the next Committee meeting. ADOPTED AS SUBMITTED ON AUGUST 19, 2002 Agenda Summary Report Legislative and Litigation Committee July 22, 2002 Page 2 B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING ADULT- RELATED BUSINESSES Mr. Thiltgen provided several wall maps for the Committee's review relating to various possible distance requirements (500, 1,000, 1,500 feet) for adult-related businesses which could be placed along major thoroughfares (buffers) and the possible effects each would have on changing the numbers of and locations for adult-related businesses within the City. Development Services Director Jack Hardisty indicated a number of circumstances dictate the actual availability of sites for adult-related businesses, including zoning requirements. Assistant Planner Dave Dow presented computer-generated possibilities at various distance requirements for illustration purposes. Mr. Thiltgen emphasized these were "guesses" and that formal, in-depth, and long-term studies would need to be conducted by staff to ascertain what would be feasible on buffers. There was a very real need to clearly and definitively identify specific categories and what each category included. City Manager Alan Tandy explained that proposed changes needed to focus on the overall needs of the City and not issues relating to any one business or circumstance. Mr. Thiltgen explained that ordinance exemptions might show political favoritism. Committee Member Jacquie Sullivan stated she felt the zoning distance requirements should not be reduced because of a perception of loosening the existing restrictions. Committee Chair Sue Benham felt that the Committee had reviewed the issue and that it would be counterproductive for staff to get involved with a long-term, in-depth study on the issue. Various questions by Committee Members were raised relating to the possibility/feasibility of joining with the County for a "metropolitan" effort. Mr. Thiltgen will talk with Mr. Hardisty and with the County to ascertain the County's plans relative to adult-related businesses. In response to questions on signage, Mr. Hardisty indicated the City's sign ordinance guided signs within the City. In certain instances, some existing signs were "grandfathered" in when the sign ordinance was changed. The issue of signage was generally agreed to be a separate referral issue which would be initiated by Mr. Hardisty. 5. NEW BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE REGULATION AND LOCATION OF TAXI STANDS Lt. Tim Taylor explained that the taxi stand issue was related to a concern by taxi cab drivers that there were not enough taxi stands in the downtown. He explained that some businesses allow taxi parking on private property. The Greyhound Bus station had asked the City to remove taxi stand parking in front of the station as taxi drivers had been getting into fights and urinating in front of the facility. Officer Bill Ware indicated the removal of the taxi stand occurred in March of 2000. Lt. Taylor indicated there appeared to be enough taxi stands around the general area. Mr. Tandy explained the difference between taxi stand parking on private property (which the City cannot dictate) and taxi stand parking on public streets. Deputy City Attorney Alan Daniel handed out the City's taxistand permit ordinance. Permits can be issued by the city manager upon the appropriate written application of the Agenda Summary Report Legislative and Litigation Committee July 22, 2002 Page 3 carrier asking for the stand and must include the written consent of the occupant of the first floor of the building of the property in front of the desired taxi stand. Several taxi cab drivers were in attendance. Armando Elenes, United Farm Workers, indicated he was representing the taxi cab drivers and explained the desire for taxi stands at the Greyhound Bus station; drivers did not believe it was fair for the station to allow only a few taxi cab companies on its property. Filiberto Munoz, taxi cab driver, wanted taxi cab stands at the Greyhound station, at the Airport Bus station, at Centennial Garden, and in the Rosedale and Highway 99 and 18th and Eye Street areas. It was also mentioned there was a need in the bar area downtown (i.e, Wall Street Alley) as drivers can only go there to pick up a fare. Lt. Taylor explained the taxis cannot loiter in front of a business or location or cruise the area. A business's location, such as the Airport Bus, might not have enough parking to provide for taxi stands. The Airport Bus alley was suggested as a possible alternative. Committee Chair Benham designated Administrative Analyst Trudy Slater as the City contact person for the taxi stand issue, with Armando Elenes as the contact person for the taxi cab drivers. Ms. Slater will contact the Greyhound Bus station, the Amtrak station, the Airport Bus, and the Centennial Garden to determine the feasibility of taxi stands in their vicinities as well as in the Rosedale and 99 and 18th and Eye Street areas. Officer Ware indicated there were two taxi stands in the downtown area which were not being utilized. The Committee will review the issue again at the August meeting. B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING CITY VOTING DELEGATE AND ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Committee Chair Benham indicated staff had received no response from Council members relating to their willingness to serve as League Voting Delegate. The item would be deferred to the August 19 meeting. 6. COMMI'I-FEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:55 p.m. Staff Attendees: City Manager Alan Tandy, Assistant City Manager John Stinson, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Deputy City Attorney Alan Daniel; Police Chief Eric Matlock, Police Lt. Melvin Scott, Police Lt. Tim Taylor, Police Officer Bill Ware; Development Services Director Jack Hardisty, Assistant Planner Dave Dow Other Attendees: Renee Nelson, Marsha Magnuson, Jose Angel Ruiz; Armando Elenes,Filiberto Munoz and others; James Burger, Tammy Brown, television photographer (L020722-MIN)