HomeMy WebLinkAbout04/16/1998 BAKERSFIELD
Jacquie Sullivan, Chair
Irma Carson
Patricia J. DeMond
Staff: Trudy Slater
AGENDA
LEGISLATIVE AND LITIGATION COMMITTEE
Thursday, April 16, 1998
4:00 p.m.
City Manager's Conference Room
Second Floor- City Hall, Suite 201
1501 Truxtun Avenue
Bakersfield, CA
1. ROLL CALL
2. APPROVAL OF FEBRUARY 19, 1998 MINUTES
3. PRESENTATIONS
4. PUBLIC STATEMENTS
5. DEFERRED BUSINESS
A. MASSAGE PARLOR ORDINANCE
6. NEW BUSINESS
7. ADJOURNMENT
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B'A K E R S F I E L D
Ala~ Tandy, City Mana~ler Jacquie Sullivan, Chair
Staff: Trudy Slater Irma Carson
Patricia DeMond
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Regular Meeting
Thursday, February 19, 1998
4:00 p.m.
City Manager's Conference Room
1. ROLL CALL
Called to order at 4:17 p.m.
Members present: Councilmember Jacquie Sullivan, Chair; Councilmember
Patricia DeMond; Councilmember Irma Carson
2. APPROVAL OF DECEMBER 11, 1997 MEETING MINUTES
Approved as submitted.
3, PRESENTATIONS
None
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Legislative and Litigation Committee
February 19, 1998
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4. PUBLIC STATEMENTS
None
5. DEFERRED BUSINESS
A. MASSAGE PARLOR ORDINANCE
Sergeant Tom Pryor reported that Lt. Scott had made inquiries with four different
jurisdictions regarding mobile massage ordinances. Fresno, Modesto, Stockton,
and Santa Clarita have no current language in their ordinances specifically
addressing mobile massage. Modesto is in the process of writing an ordinance
prohibiting it; Stockton is in the process of establishing an ordinance to allow it.
Councilmembers Carson and Sullivan expressed interest in seeing Delano's
ordinance to assess what seemed to make it work for that community.
Councilmember Sullivan indicated a desire to avoid potential problems.
Councilmember Carson made a motion to take no action and to continue the
investigation. The Committee concurred.
6. NEW BUSINESS
A. CLEAN UP LEGISLATION ORDINANCES
1) Chapter 5.22 - Entertainment Near Schools
2) Chapter 5.23 - Escort Bureaus
3) Chapter 5.26 - Hotels and Lodginghouses
4) Chapter 5.34 - Messenger Services
5) Chapter 5.44 - Public Dances and Dancehalls
6) Transient Photographers
City Attorney Judy Skousen explained that the ordinances being reviewed by the
Committee were part of an on-going clean-up process by City Treasurer Bill
Descary and the City Attorney's Office regarding various City permits and
processes. In their review they had found some permits served no current purpose'
and needed to be repealed, changed, or reformatted. The changes were proposed
with this in mind. Those changes included:
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Agenda Summary Report
Legislative and Litigation Committee
February 19, 1998
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The City's Entertainment Near Schools ordinance needed to be repealed because
the kind of entertainment that shouldn't be near schools is regulated under the
City's Adult Entertainment ordinance.
Proposed changes to the Escort Bureaus ordinance includes condensing it, taking
out ambiguities, and eliminating the need for renewals.
Councilmember DeMond asked for reasons for eliminating renewals. City Treasurer
Bill Descary indicated in the permit renewal process the City only charges for the
actual costs incurred by the City in the renewal process. This is different from the
Business License process which is based on income/revenue and has an easy
renewal process. Permit renewals require the same process as a new permit so that
an inordinate amount of staff time is spent in revisiting issues addressed in the
original permit process. Upon questioning whether the revocation process gives
staff adequate control if the renewal process is eliminated, staff responded in the
affirmative.
Hotels and Lodginghouses ordinance changes include a new format and
prohibitions of renting a room more than once in a 24-hour period and renting a
room for prostitution or sales of drugs.
The suggested repeal of the Messenger Services ordinance was based on its lack
of criteria and regulation. Police Department personnel indicated this ordinance had
not been an issue for them.
Changes to the Public Dances and Dance Halls ordinance include putting it into
current format and eliminating the renewal process. City Attorney Judy Skousen
explained that if an establishment serves alcohol and has live entertainment, it
needs a cabaret permit. If it doesn't serve alcohol and allows public dancing, then
it needs a Public Dances permit.
The Transient Photographer's ordinance was proposed for repeal since it was not
used and had no regulations within it.
Councilmember Sullivan questioned whether the biggest change proposed was the
elimination of annual renewals. Staff indicated that permits are not transferrable so
that if there was a change in ownership it would trigger a new permit process. The
revocation process protected the City's interests while freeing up valuable staff time.
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Agenda Summary Report
Legislative and Litigation Committee
February 19, 1998
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Councilmember DeMond suggested that staff include a brief synopsis of the
reasons for eliminating the renewal process when it is presented to Council.
Committee members approved the proposed ordinance changes for forwarding to
Council.
B. LEGISLATIVE PLATFORM
The Legislative and Litigation Committee reviews the City's Legislative Platform
annually to keep the Platform focused on current and high priority issues.
Committee members reviewed the 1997 Legislative Platform and proposed
changes. Administrative Analyst Trudy Slater expanded upon suggestions
forwarded by department heads. It was agreed that the proposed Platform was
broad enough to give the Council the guidance it needs and yet specific enough to
allow staff to proceed with legislative support for issues of concern.
A motion was made by Councilmember DeMond, seconded by Councilmember
Carson and approved by the Committee to forward the revised platform to Council
for acceptance as the City's 1998 Legislative Platform. The annual review of the
City's Legislative Platform helps the City to focus its limited resources on areas of
greatest concern and provides a basis for quick response by City legislative
advocates and departments to legislative issues that arise.
7. ADJOURNMENT
The meeting adjourned at 4:45 p.m.
Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City
Attorney Judy Skousen; Police Captain Dave Jackson, Police
Sergeant Tom Pryor; City Treasurer Bill Descary
Other Attendees: Lisa Friedman, Bakersfield Californian
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