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Home My WebLink About05/13/2002 BAKERSFIELD Alan anager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, May 13, 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 APRIL 15, 2002 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. FOLLOW UP TO REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO SB 975 AND SB 1355 City Attorney Bart Thiltgen explained that SB 1355 was cleanup legislation to modify language included in SB 975. Previously, he provided to the Committee suggestions for allowing additional exemptions from the prevailing wage requirements in SB 975, and the Committee directed he convey that information to the League. That has been done. It is unknown whether Senator Alarcon will agree to suggested changes, but there is sufficient interest by the League and other cities to pursue changes through other legislation. Assemblymember Florez's office requested a copy of his memo to the Committee. He had informed the League that the California Redevelopment Association is also very interested in making changes. ADOPTED AS SI]]~[[~ 01~1 ~ 17, 2002. Agenda Summary Report Legislative and Litigation Committee May 13, 2002 Page 2 Committee Chair Sue Benham indicated Senator Costa had introduced amending language relating to the construction or rehabilitation of privately owned residential projects that are self-help housing projects operated on a not-for-profit basis such as housing for homeless persons. The proposed legislation had passed the Senate and is expected to pass the Assembly. City Attorney Thiltgen clarified that the self-help housing fund is a specific fund that is laid out in the Health and Safety Code. This does not affect Bakersfield. Few people use the self-help housing fund. In response to a question from the Chair, City Attorney Thiltgen indicated we have done everything we can do at this stage. He will continue to follow up with the League and advise the Committee if anything comes along that is encouraging. In response to Committee Member David Couch's question, City Attorney Thiltgen indicated that how the bill affects redevelopment projects has not changed. B. FOLLOW UP TO REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING SENATE CONSTITUTIONAL AMENDMENT #7, ACCESS TO GOVERNMENT INFORMATION (BURTON) City Attorney Thiltgen clarified that SCA 7 had not passed the Legislature and is not on the November ballot as originally thought. It has been sent back to committee for further review. The League has taken a position of opposition and has crafted a letter with potential amendments to the bill. The City Attorney believes SCA 7 would cause major problems if it were to pass and go to the ballot. It could create severe problems, especially when it comes to closed session discussions, confidentiality of attorney-client privilege, and real property negotiations -- placing the public agency at a great disadvantage. Committee Chair Benham indicated she was disinclined to take a position, especially given the fact that it has gone back to committee for further work. She understands the City Attorney's concerns but from a perceived open government point of view, given the climate of Enron and Oracle, she would prefer to be especially careful. Committee Chair Benham suggested staff continue to monitor SCA 7. Committeemember Couch suggested the Committee's concerns, as identified by the City Attorney, be submitted to the Legislature via its committee structure. Committee Chair Benham indicated she had no problems with directing the City Attorney to communicate with the committee stating the concerns that he raised. The Committee concurred. C. CONTINUING REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE ORDINANCE MODIFICATIONS TO ALLOW MOBILE MASSAGE Mr. Knute Berry, Touch Therapy Institute, spoke on the advantages of allowing mobile massage in the City, including bringing more jobs, financial rewards associated with providing massage services, and better health. He indicated chiropractors are to bones what massage therapists are to muscles. Massage is very helpful in the field of geriatrics, the relief of tension, muscle spasms and stress. He felt therapists would not object to obtaining liability insurance which would hold the city harmless. He indicated Agenda Summary Report Legislative and Litigation Committee May 13, 2002 Page 3 Bakersfield has four massage schools at the current time. He would like to have the ordinance modified so as to not restrain trade. In response to a question from Committee Member Couch, City Attorney Thiltgen and Police Captain Neil Mahan responded that the City cannot control massage advertising now or through an ordinance change. Captain Mahan explained that the City of Modesto does a Department of Justice (DO J) check on therapists and that mobile massage is permitted only with a doctor's prescription, similar to a doctor's prescription for medication. Committee Chair Benham indicated the Police Department was to be at the June 17, 2002 Committee meeting where the issue would be revisited. City Attorney Thiltgen was asked to also provide at that meeting his legal opinion of the Modesto ordinance. Mr. Berry asked if he could meet separately with staff, to which the Committee agreed. 5. NEW BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING RENAMING HIGHWAY 178 TO THE RICK MEARS EXPRESSWAY Administrative Analyst Trudy Slater explained the request for renaming a portion of Highway 178 as the Rick Mears Expressway was in response to a citizen's request to recognize Mr. Mears for his racing contributions. She distributed a letter of support from the County to local legislators supporting the renaming of the highway. Information from the California Department of Transportation indicated that only the California State Legislature can officially name a state highway. This is done in the form of a "Concurrent Resolution" which can be introduced by either the Assembly or the Senate. The resolution will appear in the statutes of the year it is passed. Once done, CalTrans puts up signs, which are paid for by the sponsors or friends of the person it is being named after. She mentioned freeway namings are more frequently done posthumously. Civil Engineer Ted Wright explained that signs along the highway would most likely be at the either end of the designated stretch of highway. Signs could cost a couple thousand dollars each. Committee Chair Benham wondered about the wisdom of naming a portion of a public freeway after a race car driver. She felt the Rosa Parks naming or the Korean Veterans Memorial freeway suggestions were recognitions for statesmanship honors rather than for individual sports achievements. Committee Member Jacquie Sullivan indicated that, although she could remain neutral on this, Rick Mears is local, which gives special meaning to the request. Mr. Mears has brought positive recognition to Bakersfield and he has many accomplishments. Committee Member Couch mentioned Mr. Mears' many community contributions for which he has not sought recognition. Agenda Summary Report Legislative and Litigation Committee May 13, 2002 Page 4 Committee Chair Benham felt that if the City is going to support efforts of this type, the Committee should consider developing criteria to be used in every case. City Manager Alan Tandy indicated that he believed the speaker at the Council meeting had previously requested recognition of Rick Mears and the City had placed him in the Centennial Garden Hall of Fame shortly thereafter. He also mentioned that Mr. Mears is also recognized in the Bob Elias Sports Hall of Fame. Administrative Analyst Slater mentioned Mr. Mears has in the past been recognized several times by the City, including a proclamation of "Rick Mears Day." Committee Member Sullivan suggested tabling the issue at the moment. Committee Chair Benham suggested staff forward Mr. Dalton a letter explaining the part the Legislature plays in the naming of highways, that the City will wait and see if movement in this direction occurs at the state level, and indicating the City's acknowledgments of Mr. Mears' accomplishments. 6. COMMI'n'EE COMMENTS 7. ADJOURNMENT The meeting adjourned at 2:15 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen; Civil Engineer Ted Wright; Police Captain Neil Mahan Other Attendees: Knute Berry, television cameraman, Tammy Brown (L020513.MIN)