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Home My WebLink About04/28/2003 B A K E R S F I E L D Alan ager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMIT'FEE Special Meeting Monday, April 28, 2003 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:01 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan arrived at 1:05 p.m. 2. ADOPT MARCH 10, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING TEMPORARY USE PERMIT PROCESS FOR OFF-SITE AUTO SALES AND RELATED ROADWAY SIGNAGE Development Services Director Jack Hardisty explained the proposed change to the City's existing ordinance would limit transient outdoor businesses to an area not to exceed 400 square feet thereby eliminating parking lot auto sales.and attendant signage issues. After discussion, it was motioned and passed to present the ordinance change to Council for its approval. Agenda Summary Report Legislative and Litigation Committee April 28, 2003 Page 2 B. REVIEW, DISCUSSION AND COMMI'R'EE RECOMMENDATIONS REGARDING DOWNTOWN BUSINESS ASSOCIATION BUSINESS DISTRICT BEAUTIFICATION Mr. Hardisty explained staff and the DBA had met to discuss the 'DBA's issues regarding downtown sidewalk encroachments and beautification. He also mentioned he had talked with Mr. Lee and there were a number of issues which could use further exploration. There is a need to treat all within a district uniformly. Staff is supportive of encroachment permits requested by property owners as they are more enduring as well as require only one application and one insurance policy, as opposed to individual shopkeeper permits, each' requiring an individual encroachment permit and individual insurance policy. In response.to a question from Committee Chairperson Sue Benham, staff responded that caf~ seating is currently allowed through an encroachment permit. Committee Member · David Couch asked if there were areas where the streets could be narrowed and sidewalks widened. Mr. Hardisty indicated while widening a sidewalk and narrowing a street could occur in certain areas there was a concern for the safe passage of vehicles and people. Members of the downtown business district spoke, including Ms. Klm Turner and Mr. Jerry Baranowski. Ms. Turner indicated she had received a City encroachment permit in 1999 to allow seating in front of the Stars Theatre. This worked until GET placed a large bus bench there leaving inadequate space for her encroachment. Mr. Tandy indicated staff would work with her to see if her issue could be resolved with GET. Mr. Baranowski indicated his encroachment permit worked very well for his daytime customers. Ms. Cathy Butler, Downtown Business Association, thanked City staff for working with the DBA regarding downtown beautification. She indicated Gumbeaux's and Quizno's indicated to her they had been' told they could not have outdoor seating on Chester Avenue. The Committee asked staff to contact these businesses to identify the issues. After discussion, it was agreed staff and the DBA would further review issues and return the item to the agenda at the Committee's June meeting.' 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING THE LEAGUE OF CALIFORNIA CITIES-SUPPORTED ACTION FOR BETTER CITIES "SAVE OUR SERVICES" PROGRAM Ms. Slater explained the League of California Cities had created Action for Better Cities (ABC) to advocate voter approval of constitutional protection of city services and revenues and possible sponsorship for a statewide ballot measure for this purpose. The ABC created the "Save Our Services" program as a funding mechanism to help pay for the costs associated with placing constitutional protection on the ballot. The passage of the resolution of support could serve as a first step in setting up a voluntary employee payroll deduction program for the "Save Our Services" fund. The League/ABC strongly recommends that city officials, informally or formally, meet with all city employee organizations prior to establishing such a voluntary payroll deduction program. Agenda Summary Report Legislative and Litigation Committee April 28, 2003 Page 3 In response to a question from Committee Member Jacquie Sullivan, Mr. Tandy explained payroll deductions would be voluntary by individual employee and not by unit or department. Mr. Tandy explained that a program to protect city revenues similar to this had been proposed in Montana and was approved by the electorate. What actually occurred was the legislature got around the provisions by making special findings which would allow them to get to local funding sources in spite of the constitutional constraints. After further discussion, the Committee voted 2 to 1 to forward the resolution of support to Council for approval. B. REVIEW, DISCUSSION AND COMMI'I-I'EE RECOMMENDATIONS REGARDING A POLICY CONCERNING THE HANDLING OF ANIMALS AT CRASH SCENES Police Captain Bryan Lynn explained the Police Department occasionally drove individuals home from accident scenes and accommodations were made to transport animals as well. There is not a history where this has been an issue within the Department. For large animals, the SPCA could be called for animal transportation. He believed the individual who spoke referenced an incident which was several years old. Ms. Slater indicated Mr. Montgomery had been notified of the Committee meeting. Committee Member Sullivan suggested sending a written response to the individual. The Committee agreed, and Captain Lynn indicated he would be glad to do so. C. REVIEW, DISCUSSION AND COMMI'I-rEE RECOMMENDATIONS REGARDING INVESTIGATION OF IMPLEMENTATION OF PENALTY FEES FOR REPEATED VIOLATORS OF THE NOISE ORDINANCE Police Captain Nell Mahan explained that in 2002 there were only 13 citations issued for violation of the noise ordinance. The City currently does have a provision which would allow for cost recovery but depending upon the situation, such as requiring a large number of police officers, the cost could be substantial. Committee Chair Benham indicated she had referred the issue to Committee. Due to the small number of incidences, it did not appear to be a cost recovery issue. No further action was requested. D. REVIEW, DISCUSSION AND COMMI'R'EE RECOMMENDATIONS RELATING TO AMBULANCE ORDINANCE LANGUAGE REGARDING PARAMEDICS (CLARIFICATION ON BLS AND ALS SERVICES AND REQUIRED PARAMEDIC SERVICES) Committee Member Couch posed the question whether the City needed paramedics in non- emergency ambulance situations and, if the answer was no, should the ordinance be changed. Several members of the public spoke regarding the history relating to ALS and BLS services. A discussion ensued on response vs. service charges, ALS vs. BLS in non- emergency situations, the nexus between an ordinance requiring ALS service and Medicare reimbursements, and ambulance mandated responses by the closest available unit. Apparent concern existed over language ambiguity within the current ordinance and Agenda Summary Report Legislative and Litigation Committee April 28, 2003 Page 4 changes which have occurred in Medicare. A reference was made to Assistant City Manager John Stinson's report to City Council dated March 22, 1995. Mr. Tandy exPlained Mr. Stinson was the most knowledgeable staff person regarding ambulance rates and issues. He could not be in attendance due to illness. The Committee directed staff to bring the issue back to Committee at its meeting of May 21. 6. COMMI'R'EE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:05 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, City Attorney Bart Thiltgen; Development Services Director Jack Hardisty; Police Captain Bryan Lynn, and Police Captain Neil Mahan. Other Attendees: Larry Bertolucci, Jerry Baranowski, Ted Nicholas, Steven Garrett, Jason D. Thomasy, Jacqualine Att, Kim Turner, Art Carlock, Cathy Butler, Fred Prinz, Herman Ruddell, Darlene Dennison, Louis Cox, Gene Tackett, and James Burger. (L030428-MIN)