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HomeMy WebLinkAbout04/15/2002 BAKERSFIELD Alan ger Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, April 15, 2002 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:08 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2. ADOPT JANUARY 28, 2002 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. NEW BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO LEGISLATIVE CHANGES TO SB 975 AND CREATIVE INCENTIVES FOR REDEVELOPMENT PROJECTS Committee Chairperson Sue Benham indicated discussions on Item A and Item D, as requested by City Attorney Bart Thiltgen, would be combined. City Attorney Bart Thiltgen highlighted issues within his March 13, 2002 memo regarding SB 975, including those relating to prevailing wage. He also spoke on SB 1355, an amendment to the same labor code provisions that SB 975 effected. SB 1355 cleans up a little of the language, makes it more understandable and adds one more exemption, related to Self-Help Housing projects financed pursuant to a specific code within the Health and Safety Code. He indicated he felt that, although SB 1355 is not ADOPTED AS S1TJ]a~13'ED Olq t'IAY 13, 2002. Agenda Summary Report Legislative and Litigation Committee April 15, 2002 Page 2 a bill which the City needs to take a position on, it presents an opportunity wherein additional changes to SB 975 legislation could be effected. He wanted to bring this to the Committee's attention to determine whether the League should be approached regarding whether it wanted to make this attempt. Under SB 975, many incentives the City has used in the past will now trigger prevailing wage. This conceivably can cause the City to either lose a potential developer because of these additional costs or face the possibility of providing additional incentives to cover the increased costs of prevailing wage experienced by the developer. It could affect a developer's decision to build in the City yet outside the redevelopment area because of the loss of economic incentives within the RDA area. City Attorney Thiltgen feels some of the legislative "fixes" he suggested in his memo are "doables," such as making an exemption for infill projects. He also mentioned there is need for clear definition of words such as "infill.' Another idea he suggested might be to follow federal laws on federal projects (rather than the more restrictive California laws), if the California Legislature would allow this. Economic Development Director Donna Kunz indicated that over 85% of projects are single source projects, while 15% have a combination of funding sources (i.e., federal, state, and/or local). HOME and CDBG are single source. She mentioned there was considerable discussion at the California Redevelopment Agency conference regarding proposals such as the City Attorney's. She also indicated there might be more support for housing or Iow-income or self-help projects rather than redevelopment projects. Also raised was the question of whether funds for furniture, fixtures and equipment (FF&E) would trigger prevailing wage. Clarification could be part of a legislative fix. Economic Development Director Kunz indicated that the projects the City has in the pipeline for the next five years remain doable. Impacts may be felt on the larger economic development retail type projects which will be prevailing wage, with the greatest impacts to be felt on developers coming from other states. SB 975 makes it necessary for the economics of projects to be looked at in new and creative ways. One possibility she mentioned was the buying of an easement on the outside of an historic building. Assistant City Manager John Stinson indicated certain types of projects in industrial areas would be more difficult, such as Gateway Industrial Park. These types of projects typically bring in new jobs. Developer decisions are often made upon whether or not the City can provide some CDBG assistance to help acquire land or equipment. City Attorney Thiltgen indicated forgivable loans under SB 975 would trigger payment of prevailing wages. Mr. Marvin Dean indicated those individuals he represents would not object proposed changes as discussed in the Committee meeting. After further discussion, Committee Chair Benham directed the City Attorney to explore with the League whether there is any opportunity to add additional cleanup language as suggested by the City Attorney to the proposed SB 1355. Agenda Summary Report Legislative and Litigation Committee April 15, 2002 Page 3 B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING SENATE CONSTITUTIONAL AMENDMENT #7, ACCESS TO GOVERNMENT INFORMATION (BURTON) Discussion ensued on SCA 7, which is legislation which the Legislature placed on the November ballot, to be approved by the California electorate. It makes Constitutional changes to the California Public Records Act. City Attorney Thiltgen feels the language in the proposal is not clear, leaving it open to interpretation of such issues as "substantial probability of serious harm" and others, including lack of definitions with the amendment. It limits the ability of the Legislature to use exemptions to the Public Records Act and puts the public agency at risk. City Attorney Thiltgen feels it should be opposed although it will probably be promoted as an "open government issue." He feels it should be opposed because of potential problems in surfacing litigation over the next ten years. After further discussion including whether changes could be made to SCA 7 prior to the November ballot, Committee Chairperson Benham asked Committee members, should they wish, to explore the issue outside the committee for further information. The issue will be readdressed at the next Committee meeting. C. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE ORDINANCE MODIFICATIONS TO ALLOW MOBILE MASSAGE City Attorney Thiltgen indicated the City's current massage ordinance, does not allow mobile or "outcall" massage. Massage establishments at defined locations are permitted as well as the massage technicians which work within the permitted establishments. Police Chief Eric Matlock stated the massage ordinance had been re-worked in the recent past when an individual had approached the city to allow outcall massage. He indicated the Police Department's objections to outcall massage include the fact that it is very difficult to regulate illicit activities that may occur as a result of allowing massages to be conducted in various places, including prostitution and robbery. Once a person is allowed to go offsite--outside an identified establishment--manpower to conduct investigations on illicit activities becomes intensive and the possible outcome would most likely be a misdemeanor charge. He mentioned Bakersfield tends to be conservative whereas other cities which allow outcall take a hands-off approach unless there are complaints. He is concerned about the sort of problems which may be encountered. He mentioned Modesto has a policy which provides a little more control. Lt. Melvin Scott indicated Modesto allows a doctor-permissible outcall massage for medical reasons. Chairperson Benham indicated she liked this aspect as it would be to the advantage of an elderly person or someone with mobility problems. Lt. Scott indicated that it is easier to regulate a business than the behavior of people who are going different places in the City. At a permitted business location, the Police Department is currently allowed to inspect required records regarding massages. This would not be the case with mobile or outcall massage. Agenda Summary Report Legislative and Litigation Committee April 15, 2002 Page 4 Police Chief Matlock indicated an outcall massage ordinance would require a search warrant. As it is now, the Police can send in an undercover officer and in less than an hour determine whether there is any criminal activity is being conducted and a citation issued. It becomes problematic when people start going to homes or other locations, becoming labor intensive and requiring more resources to regulate. In response to a questions on licensing from Committee Member Jacquie Sullivan and on equipment from Committee Member David Couch, Lt. Scott explained the City requires 200 hours of massage training prior to granting a massage technician permit. Deputy City Attorney Ginny Gennaro clarified the state doesn't regulate massage. The City's code requires the Fire Department and a Building Inspector to ascertain whether individuals have the right equipment and lighting, etc. City Attorney Thiltgen explained a business license, which is also required, is for the privilege of doing business in the City. The massage permit is based upon a background check and others to determine whether those requesting them have legitimate businesses. The permit is in addition to the business license. The Committee asked Police Department staff for more information on the Modesto massage ordinance, including how long it had been in effect and the costs in departmental resources as well as the determination of whether there is a public service to be achieved by allowing outcall massage in the City and in being consistent with the County which allows outcall massage. The issue will be brought back to the Committee at its next meeting. D. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING SB 1355, PUBLIC WORKS: PREVAILING WAGES (ALARCON) See A. above. E. ADJOURNMENT The meeting adjourned at 2:15 p.m. Staff Attendees: Assistant City Manager John Stinson, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Deputy City Attorney Virginia Gennaro; Police Chief Eric Matlock, Lt. Mel Scott; Economic Development Director Donna Kunz Other Attendees: James Burger, Marvin Dean, Tammy Brown (L020415.MIN)