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HomeMy WebLinkAbout03/10/2003 B A K E R S F I E L D Alan Tandy, Cl~y Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'D"EE Special Meeting Monday, March 10, 2003 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:03 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan, arriving at 1:12 p.m. 2. ADOPT JANUARY 27, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE ORDINANCE MODICIATIONS TO ALLOW MOBILE MASSAGE City Attorney Bart Thiltgen explained the current changes to the proposed ordinance made the existing ordinance considerably better but consensus could not be found on off-premises massage, the primary reason for the referral to committee. Several members of the community spoke on the advantages of having in-house massage. Police Chief Eric Matlock and Lt. Jess Molinar explained the continuing concerns of the Police Department regarding, among others, safety and welfare of all participants, regulatory burdens and enforcement issues. In response to Chairperson Sue Benham's question regarding whether the County allowed in-home massage, Lt. Molinar responded that the County did not prohibit it. Development Services Director Jack Hardisty also mentioned home occupation permits are by nature restrictive so as not to create a fringe effect of losing the differentiation between business and residential. Agenda Summary Report Legislative and Litigation Committee March 10, 2003 Page 2 Chairperson Benham indicated she felt the issue had been fully explored between staff and industry representatives. A motion was made, seconded and passed to forward the proposed ordinance, which excludes off-premises private massage, to Council for approval. B. REVIEW, DISCUSSION AND COMMI'rrEE RECOMMENDATIONS REGARDING VOLUNTEER AND ADOPT-A-HIGHWAY PROGRAMS INSURANCE REQUIREMENTS Risk Manager Patrick Flaherty updated the Committee on actions taken to provide insurance for individuals involved in City volunteer and adopt-a-highway programs. The insurance was able to be secured at a nominal amount. No further action is needed. C. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING RESOLUTION FOR HIGH SPEED RAIL FUNDING Administrative Analyst Trudy Slater highlighted the high speed rail funding resolution included in the packet. She noted staff had suggested adding wording to indicate support for the California High Speed Rail Authority to remain independent from the California Department of Transportation (in opposition to the Governor's proposal to place the Authority within CalTrans). A motion was made, seconded and passed to forward the resolution to Council for approval, removing the word "explosion" in the third paragraph and with added language regarding the Authority. D. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO CITIZEN PROPOSAL TO CHANGE THE CITY'S CHARTER REGARDING COUNCIL SALARIES This item was not discussed as Mr. Wesley Muhammad was not in attendance. The item will not be revisited until Mr. Muhammad has made an effort to articulate his proposal. 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING TEMPORARY USE PERMIT PROCESS FOR OFF-SITE AUTO SALES AND RELATED ROADWAY SlGNAGE Mr. Hardisty briefly explained the history behind the City's transient outdoor businesses permitting process, allowing them in commercial zones. It was originally intended to address one-person itinerant merchant operations. When used for large parking lot operations, it takes away parking that is allotted for customers of the business and further impacts the center by increasing the demand for parking on an ad hoc basis. The issue is not vehicles alone but very large "pull-in, park, sell and then go" kinds-of-businesses. Without discriminating against the type of business, there is a possibility of restricting the activities by size, i.e., a limitation of 400 square feet, which is also consistent with a 400-fOot home occupation permit. City Manager Alan Tandy explained that as a practical matter the largest single source in the City's General Fund is the sales tax that comes from the auto dealers. This is currently at approximately 12% and is a very important source of revenue to the City. Agenda Summary Report Legislative and Litigation Committee March 10, 2003 Page 3 Mr. Ted Nicholas, Three Way Chevrolet, indicated they are seeking to limit parking lot sales from outside dealers as well as Bakersfield car dealers. There are a number of issues involved in operating a used car lot out of a parking lot, including health and safety issues, violations in advertising, parking problems and loud music. Also mentioned was the negative image portrayed by the signs used for the parking lot sales. He indicated he did not feel there would be a loss of sales tax revenues to Bakersfield or Kern County by the absence of the vehicle parking lot sales. In response to a question from Committee Member Jacquie Sullivan, Mr. Nicholas indicated his concerns were two-fold. He was concerned about out-of-town dealers coming into town as well as the off-site use of property that was not designed as an automobile dealership. He indicated, as president of the New Car Dealers Association, he felt the organization as a group does not support parking lot sales. He doesn't see them benefiting Bakersfield nor its citizens. Mr. Jerry Cook, Jim Burke Ford, indicated the Department of Motor Vehicles has difficulty in regulating the parking lot sales and signs and has no control over promoters of the events because they are not licensed dealers. The DMV is constrained by what is reasonable. Mr. Jason Thomasy indicated he represents about 600 used car dealers in Bakersfield. They are also hugely affected by the parking lot sales as their sole income comes from used cars sales. He, too, does not want the signs to be the image people have of Bakersfield. The parking lot sales are affecting the Bakersfield economy and its customers. It stretches past the dealers to the local smog and detail shops, mechanics shops, tire shops and beyond. Mr. Clay McCombs, Best Rents, indicated he would lose as much as 30% of his business if the parking lot sales were eliminated. He felt there were plenty of places in town where adequate parking was available, that the sales events stimulated secondary business opportunities to those providing services to them, such as, in his case, canopies and different equipment that is used for these types of venues, including lighting and restrooms. He indicated his purpose was to point out there are positive effects from the events, including benefit to the businesses surrounding the sales events. Mr. Hardisty suggested that adding a size limitation might eliminate problems associated with large parking lot car sales events, indicating a size restriction would still accommodate the "blow out" sales at the Auto Mall on vacant parking lots. He also mentioned that the hand held signs were generally legal and could not be prohibited but the ones scattered up and down the curbing and sidewalks are not. Chairperson Benham asked staff to return to the next Committee meeting with a proposal to be considered for action. She asked the community speakers, if they had further thoughts for staff to consider, to do that through Ms. Slater. B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING DOWNTOWN BUSINESS ASSOCIATION BUSINESS DISTRICT BEAUTIFICATION Mr. Hardisty discussed the proposed citizen ordinance in the Committee packet (submitted by Mr. Granville Lee), indicating some items included in the proposal are covered by the building code. He felt the proposal is a step backward in efforts to deal with the planning Agenda Summary Report Legislative and Litigation Committee March 10, 2003 Page 4 influences on regulated signs. He highlighted sections in the proposed ordinance that he saw as problematic, including sizes, types, numbers of signs, and signs in the right of way. Awnings are already allowed and encouraged for shading purposes. Some signs are allowed on awnings (limited). American flags and others are allowed in the existing ordinance although banners are not. This proposal does not address planters. Planters are allowed by encroachment by the Public Works Department. Public Works Director Raul Rojas mentioned that awnings are also an encroachment. Mr. Lee explained his proposal was not meant to completely change the existing ordinance but to allow a variance of three feet for items such as sandwich boards and potted plants. He was essentially asking for three feet out from the building into the right of way for placement of short, removable items which would not present a problem with the Police Department. There doesn't appear to be in the City's ordinance any specifics about length from the curb line of the streets or information on how large or the type of encroachment to be allowed from the face of the buildings. Chairperson Benham indicated potted plants are allowed through the encroachment process and asked for clarification on the types of things to be placed in the right of way. Mr. Lee responded that they foresaw nothing over 6 feet tall, such as removable sandwich boards or small, free-standing marquees, which can be brought out during business hours and removed at the end of the business day. Chairperson Benham indicated that although she supports beautification of the downtown, she is concerned that not all of the allowances would enhance the downtown. Taste can't be legislated so legislation has to be crafted to not allow things which would be detrimental. This presents a dilemma. She doesn't see sandwich boards as being a part of beautiful downtowns. In response to a question from Committee Member David Couch, Mr. Thiltgen responded that you cannot regulate the content of a marquee or sandwich board because then you are regulating the speech (First Amendment) unless it falls within the obscenity area. It was further clarified that window advertisements were limited to goods for sale on the premises and that advertisements are limited to a certain percentage of the window. Mr. Rojas indicated the width of the sidewalk has to be in compliance with the American with Disabilities Act. He further indicated traffic sight lines are considered so as not to have visual vehicular obstructions. The encroachment permit is a way of tracking so that when someone complains, the City has the ability to enforce. When complaints are received, they are generally from a business's neighbor. Mr. Hardisty indicated sandwich boards are currently prohibited because they are too flexible and blow over or out into the street. Non-public safety signs are prohibited in the right of way and any sign that would interfere with traffic control. Ms. Cathy Butler, Downtown Business Association, indicated during the holidays some of the downtown businesses were cited and stopped placing potted plants out on the street. They did not want to pay the $145 yearly encroachment fee. They would like to continue the great things some of the new shops have done to create a quaint downtown. The current ordinance inhibits this. 'Agenda Summary Report Legislative and Litigation Committee March 10, 2003 Page 5 Mr. Tandy clarified the encroachment permit is a one-time, not an annual, charge. Mr. Rojas indicated the importance of having a record in order to know what has been placed in the right of way. It is also very important to have the required insurance in order to protect the City against liability exposure. Civil Engineer Marian Shaw indicated the insurance is needed because of the encroachment permit is an obstruction in the right of way. Liability is an issue in the public right of way. The permit allows Public Works to know who's doing what in the public right of way. The current encroachment permit ordinance that covers the outside eating areas in the downtown requires 6 feet of unobstructed sidewalk. The current downtown right of way for wheel chair passage is 6.9 feet. Other issues raised included the encroachment permit process, costs, possible alternatives or modifications, allowing marquees or not, the difference in the width of various City sidewalks, identifying specific items to be allowed in the right of way, eliminating the cost of an encroachment permit, making the application process easier, issuing a permit for a certain section of a street, individual business need for insurance, and short-term sidewalk sales permits. Committee Member Sullivan indicated she liked the unique and decorative look. Mr. Tandy indicated items can be placed upon the streets through the sidewalk sales permit process. Chairperson Benham directed staff to meet with the DBA to discuss their issues and report back at the April or May meeting. Council Member Couch suggested that non-DBA members be included, and Chairperson Benham asked that Mr. Dale Simpson be contacted as well. C. REVIEW, DISCUSSION, AND COMMrn'EE RECOMMENDATIONS REGARDING 2003 LEGISLATIVE PLATFORM Ms. Slater explained that the 2002 Legislative Platform was placed in the Committee packet as staff felt it was reflective of the City's current legislative positions. The Legislative Platform had been very helpful in allowing staff to respond quickly to current budget crises. Committee Member Couch suggested one change. It as suggested in the Quality of Life Section, second paragraph, the addition of "county," to state and federal issues of regional concern. A motion was made, seconded, and passed to accept the Legislative Platform with the additional change. The Platform will be forwarded to Council for its approval. 6. COMMI'R'EE COMMENTS None. Agenda Summary Report Legislative and Litigation Committee March 10, 2003 Page 6 7. ADJOURNMENT The meeting adjourned at 2:55 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, Risk Manager Pat Flaherty; City Attorney Bart Thiltgen; Development Services Director Jack Hardisty; Public Works Director Raul Rojas, Assistant Public Works Director Jack LaRochelle, Civil Engineer Marian Shaw, Civil Engineer Arnold Ramming, Civil Engineer Marian Shaw, Public Works Operations Manager Brad Underwood; Police Chief Eric Matlock, Lt. Jess Molinar; and Treasury Supervisor Cheryl Perkins. Other Attendees: Renee D. Nelson, Donna Henderson, Irene Rodriguez, Ted Nicholas, Jerry Cook, Jason D. Thomasy, Mary Baker, Clay McCombs, Karen A. Foley, Margaret Hust, Jesus A. Carpio, Dalila Frei, Granville Lee, Dale Simpson, Cathy Butler, James Burger, Tammy Brown. (L030310-MIN)