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HomeMy WebLinkAbout06/17/2002 BAKERSFIELD Alan nager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITrEE Regular Meeting Monday, June 17, 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 1:10 p.m. 2. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION CLOSED SESSION PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54956.9, CITY OF BAKERSFIELD VS. FLASHCO; KERN COUNTY SUPERIOR COURT CASE NO. 245944 - SPC Committee Chair Sue Benham indicated there was no reportable action from the closed session. 3. ADOPT MAY 13, 2002 AGENDA SUMMARY REPORT Adopted as submitted. 4. PUBLIC STATEMENTS None. Agenda Summary Report Legislative and Litigation Committee June 17,2002 Page 2 5. DEFERRED BUSINESS A. CONTINUING REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE ORDINANCE MODIFICATIONS TO ALLOW MOBILE MASSAGE Police Chief Eric Matlock indicated the City of Modesto had been contacted regarding its massage ordinance. He indicated the Modesto ordinance was the result of the local massage industry wanting to implement strict regulations and guidelines to legitimize the out-call profession due to the past view by the community as out-call massage having a double meaning for prostitution. The local massage industry worked directly with the City Attorney's office in implementing the strict guidelines. Modesto's ordinance only allows out-call massage at private homes with a doctor's or a chiropractor's prescription. Police Lt. Mel Scott indicated instances in Bakersfield where illicit activities had been conducted. He also mentioned the problems with illegal operators who falsify their identities in order to conduct operations. Chief Matlock explained Modesto's out-call is by prescription in the home and in open areas such as convention centers and not in closed locations such as private hotel rooms. Problems with enforcement would exist unless clearly definable restrictions were placed within any proposed ordinance. Chief Matlock indicated investigations relating to illegal activities conducted under the guise of massage are difficult and labor intensive and generally result in misdemeanor charges. City Attorney Bart Thiltgen added Modesto's ordinance has additional requirements of the licensee such as malpractice insurance and CPR training. He suggested that if the Committee wished to move forward with a proposed ordinance change, City staff meet with industry representatives. He also indicated he met with Mr. Berry as requested by the Committee. He indicated staff conveyed to Mr. Berry its recommendation that if a change is made in the ordinance that out-call massage be done only in public places. If a hotel had a license with a room set aside for out-call massage, it would not be a problem. Community representatives voiced a desire to have picture ID's, terminology which would reflect "off-site" rather than "out-call," more hours of training, to work with the Police Department on the issue, and to get something "on the books." Committee Member Jacquie Sullivan felt it was important to have the issue fully reviewed before passing an ordinance. Committee Chair Sue Benham asked the City Attorney to meet with industry representatives to work toward creating a draft ordinance to be reviewed by the Committee at the next meeting. She asked members of the community to mark an M by their names on the sign in sheet if they wished to be part of the discussions with the City Attorney. Committee Member David Couch concurred with Committee Chair Benham's request. Chief Matlock asked that if the massage ordinance is changed, at some point a review of the City's escort service ordinance be reviewed. It was indicated this is an issue that should be reviewed separately. Agenda Summary Report Legislative and Litigation Committee June 17,2002 Page 3 6. NEW BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING ADULT- RELATED BUSINESSES City Attorney Bart Thiltgen explained adult-related businesses were protected under the First Amendment of the Constitution, and the City can't prohibit them legally. They must be allowed to communicate with their potential customers, but they can be limited to certain areas and restricted as to number and spacing between businesses. He explained clustering can cause secondary effects, and secondary effects caused by adult-related businesses allow spacing restrictions. Many studies have been conducted. The City uses a zoning restriction. If siting conditions are changed, it will require a comprehensive study/review. The City must have a reasonable number of legitimate sites. Committee Member Couch asked for a copy of the current map. In response to his asking if places where children congregate (such as roller rinks) could be identified, City Manager Tandy responded a physical assessment would need to be done to determine as many sites as possible. In response to a question, City Attorney Thiltgen indicated staff could probably do the comprehensive study that would be needed--which might need to be as extensive as an environmental impact report. The issue of "clustering" would be part of a very extensive study. Committee Member Couch asked for the City Attorney to provide a preliminary evaluation with regard to businesses that cater to young adults and children and a map to be available for the next meeting for further discussion. City Manager Tandy indicated City staff would be able to provide a map. B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING COUNCIL COMPENSATION Committee Chair Benham referred to Assistant City Manager John Stinson's memo relative to council compensation of other cities, which Administrative Analyst Trudy Slater handed out. Committee members generally felt council salaries were not commensurate with the time and effort that was spent on council member duties. City Clerk Pam McCarthy provided the Committee with a history of past ballot efforts to increase council salaries. She also provided estimates for costs of holding elections and explained costs change with the numbers of other agencies participating in the particular election, for which each agency assumes a portion of the cost. With fewer agencies participating, costs are shared among fewer participants and, thus, are more expensive per agency. She indicated the highest cost for a City election within the last ten years was approximately $45,000. It was felt it is too late this year to get council compensation on the November ballot. The next general election is November 2004. It is possible a March primary will be held in 2003/2004. Agenda Summary Report Legislative and Litigation Committee June 17, 2002. Page 4 City Attorney Thiltgen explained that any increase in council compensation would require an election, per the City Charter, and required a majority of the voting electorate to pass. Committee Member Sullivan indicated an increase in council compensation was not out of line and felt it was an educational issue for the community. She indicated many people felt the council held full-time compensated positions. It is a privilege to serve the City. The perception, however, is out of balance with actual compensation. She is in favor of increasing the council's compensation. She suggested at some point that a "Community Voice" article would be helpful. Committee Member Couch indicated that if it cost $40,000 for an election to raise council salaries, it would be a 'tough sell." He, too, agreed that council members deserved more than $100 a month but felt it would not pass. Committee Chair Benham indicated this was an issue on which the public needed to be educated. Comparisons to 1956 when the council's salary was raised to $100 needed to be identified, including the city's population, complexity of issues, and the city budget. She felt it would be of interest to the public to know, and it was important to focus on the role of the city council. Thought needs to be given to the election which would be the least expensive. The City Manager suggested a survey of the cities which Bakersfield regularly uses as comparable cities. The Committee asked for more specifics on the three cities which were cited in Mr. Stinson's memorandum. Similarities mentioned included type of government (charter vs. general law), population and budget size. The City Clerk indicated she believed the League of California Cities had recently completed a council salaries survey. C, REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING THE BANNING OF FIREWORKS IN THE CITY Director of Environmental Services Ralph Huey explained most fire problems which occurred from fireworks came from the use of illegal ones. It would be easier to crack down on the illegal use of fireworks if all fireworks were banned in the City. Arthur Doland indicated he formerly had been in insurance and felt the City did not do enough to keep Bakersfield safe. He indicated he had talked with Fire Chief Ron Fraze after the City Council meeting where he had raised the issue of banning fireworks. He also indicated fireworks bought during the Fourth of July sales period could be used all year long. City staff concurred but identified that illegal fireworks were against the law at all times. The use of legal fireworks are legal any time. City Manager Tandy and Police Chief Matlock both indicated a ban of fireworks in the City would be unmanageable relative to enforcement if it were not also banned in the County. City Attorney Thiltgen also indicated county to county jurisdictional issues could also occur. Committee Member Couch felt insurance costs were generally based on the materials with which the house was constructed, i.e., a shake roof vs. a tile roof, with which staff concurred. He indicated he felt that if fireworks were used correctly, there wasn't an issue. Agenda Summary Report Legislative and Litigation Committee June 17, 2002 Page 5 Environmental Services Director Huey indicated the State Fire Marshall determines the types of fireworks which are legal or not. Committee Member Sullivan felt safe and sound fireworks sounded good to her. Fireworks are a tradition which she is not ready to ban. She feels it is the owner's responsibility to care for their animals. The sales of safe fireworks are also a major fund-raiser for charitable organizations from which much good comes to the community. Enforcement of a ban would be an issue as well. Responding to a question from'the City Manager, City Treasurer Bill Descary indicated there were 65 permits for fireworks in the City, most of which were held by charitable organizations. This number will grow as the City population grows. Committee Chair Benham suggested that the more appropriate place for banning of fireworks to be addressed would be the county. She asked for a report back from staff as requested of Mr. Thiltgen regarding a survey of some of the other California cities which have banned fireworks entirely. The issue will be revisited at the Committee meeting of July 22. 7. COMMrl'rEE COMMENTS None. 8. ADJOURNMENT The meeting adjourned at 3:10 p.m. Staff Attendees: City Manager Alan Christensen, Administrative Analyst Trudy Slater, City Clerk Pam McCarthy; City Attorney Bart Thiltgen, Deputy City Attorney Virginia Gennaro; Police Chief Eric Matlock, Police Lt. Melvin Scoff; Principal Planner Jim Eggert; City Treasurer Bill Descary; Director of Environmental Services Ralph Huey Other Attendees: Knute Berry, Judith Koch, Renee D. Nelson, Margaret Hust, Donna Henderson, Mary Strowa, Arthur Doland, Marsha Magnuson, Bob Hurst, James Burger (L020617.MIN)