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HomeMy WebLinkAbout09/21/2000 BAKERSFIELD David Couch, Chair Patri¢ia O. DeMond , Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Thursday, SePtember 21 2000 1:15-p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AG.ENDA 1. ROLL CALL 2. ADOPT AUGUST 24, 2000 AGENDA SUMMARY REPORT ~ 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. REVIEW AND RECOMMENDATION RELATING TO PERMITS FOR VENDORS CONDUCTING SABLES FROM PORTABLE CONCESSION STANDS.IN CITY PARKS B. REVIEW AND RECOMMENDATION RELATING TO PORTABLE CONCESSION STAND MATTERS 1N AREAS OTHER THAN CITY PARKS 6. COMMITTEE COMMENTS 7. ADJOURNMENT I AFT BAKERSFIELD Alan T~anager David Couch, Chair Staff: Trudy Slater Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT ::' LEGISLATIVE AND LITIGATION COMMITTEE , Special Meeting Thursday, August 24, 2000 2:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 2:30 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Jacquie Sullivan arrived at 2:40 p.m. Committee member Patricia DeMond indicated she needed to leave by 2:55 p.m. Her calendar was cleared for the meeting originally scheduled for 1:15 p.m. but when it was canceled she scheduled a meeting during the interim between the cancellation and rescheduling of the new meeting. Committee member Jacquie Sullivan indicated she, too, had made client commitments during this time period and would need to leave at 3:30 =p.m. Items'under New Business were reeved forward on the'agenda to accommodate Committee member schedules. 2. ADOPT JULY '13, 2000 AGENDA SUMMARY REPORT Adopted as submitted. Legislative and Litigation Committee August 24, 2000 Page 2 3. PUBLIC STATEMENTS None. 4, DEFERRED .BUSINESS A, REVIEW AND RECOMMENDATION REGARDING DRAFTING AN ORDINANCE OR RESOLUTIONOUTLINING THE ANNEXATION PROCESS WITH CONSIDERATION OF SUGGESTIONS FROM THE ANNEXATION TASK FORCE; REVIEW OF DRAFT GUIDE TO ANNEXATION PROCESS City Clerk Pam McCarthy briefly described the latest changes to the guide, indicating only one staff-suggested change had-been made since the guide's presentation at the Council workshop. Committee Chairman David Couch, after indicating his desire to be clear that the issues within the proposed resolution were initiated by discussion of the Committee and not staff. He lead the discussion reviewing the resident's.proposed changes to the draft resolution and commented on areas of agreement and disagreement. He indicated his desire for residents to be prepared to respond to his comments in writing prior to the next meeting at which the issue was agendized. He indicated he felt the draft resolution was pretty good and that the ordinance vs. resolution issue could still be discussed. Committee Member Sullivan stated she felt the Committee would not recommend a proposal in ordinance form nor would the City Council. Chairman Couch directed staff to reschedule the regular Committee meeting of September 21 and set a special meeting to discuss only the annexation issue. He indicated his desire to finish the on-going discussions and come to conclusions on the guide and the resolution/ordinance. 5. NEW BUSINESS A, REVIEW AND COMMITTEE'RECOMMENDATIONS REGARDING LEAGUE ANNUAL CONFERENCE RESOLUTIONS Administrative Analyst Trudy Slater discussed with the Committee the League's proposed resolutions-and explained the process which utilizes propositions approved at the League Annual Conference to set policy for the League during the upcoming Agenda Summary Report D AFT Legislative and Litigation Committee August 24, 2000 Page 3 year. After discussion, the Committee requested staff to forward to Council for approval and direction to the City's Voting Delegate the following proposition positions: Approve: Resolutions 1, 2, 4, 5, 6, 7, 8, 10, 12, 13 Disapprove: Resolution 3 No action: Resolutions 9 and 11 B. REVIEW AND RECOMMENDATION RELATING TO PERMITS FOR VENDORS CONDUCTING SALES FROM PORTABLE CONCESSION STANDS IN-CITY PARKS A memo from Recreation and Parks Director Stan Ford on vending.' in city parks was handed out to the Committee. Recreation and Parks Business Manager Jane Gardner explained that Recreation and Parks would be issuing a Request for Proposals (RFP) to establish one soft-drink company as the exclusive.provider of soft drinks in City parks. This will create additional benefits fOr the City, including expanded service to park guests, additional revenue-sharing profits, and a possible expansion of sponsorships for recreational programs. A separate RFP would be issued for hot and cold food for City parks from portable carts as opposed to permanent concession stands. They are seeking .a vendor to provide quality service on a consistent basis to large groups. Ms. Gardner indicated it was not feasible to reopen the permanent stands because of their various stages of disrepair and their probable inability to meet current health code standards without substantial investment. Some have been pulled down and others converted to storage. The mobility issue is generally related to pulling a stand in during the day or for special events and pulling it out at night as opposed to a permanent structure in the park. The current ordinance would need to be updated to comply with what they are proposing. Recreation and Parks Director Stan Ford described the contracts previously in place relating to "mom and pop" operations. Using Beach Park as an example, Mr. Ford explained that the park had activities from earlY morning to late night seven days a week. A "mom and pop" operation might not be able to adequately serve the demand. From a practical standpoint and for department-sponsored events, the current ordinance doesn't work well; there is no flexibility-or discretion. Committee members discussed the feasibility of rebuilding the permanent stands as opposed to .portable carts and concerns about restricting "mom and pop" operations. Agenda Summary Report D AI::T Legislative and Litigation Committee August 241 2000 Page 4 City Attorney Bart Thiltgen indicated that this item and the next are tied closely together and the ways permits are set up within the current ordinance. There is-a question of regulatory aspects of the permits (i.e., food sales). From a legal standpoint, an exclusive concession that has gone through an RFP is preferable although non-exclusive as well as different determinations between the different types of parks (i.e., regional or neighborhood) could be created. The current ordinance is on a first come, first serve basis and limited to two vendors per park. Committee Member DeMond indicated she would be prefer to try it non-exclusively for awhile and then, if problems surfaced at the end or a year or two, they could be reviewed at that time. She supports a change. Committee member Couch supported this and asked fora review in a year's time. It was generally agreed that staffwould move forward with plans for change for both items B and C and come back to the Committee for approval prior to forwarding 'to Council. Committee Member DeMond, prior to leaving the meeting at 3:05 p.m. commended staff on the good job they did on the proposed guide. She further indicated the resolution appeared to her to "be within the parameters discussed by the Committee. (Ms. DeMond left at 3:05 p.m.) C. REVIEW AND RECOMMENDATION RELATING TO PORTABLE CONCESSION STAND MATTERS IN AREAS OTHER THAN CITY PARKS This item was indirectly discussed during the discussion on item B above. 6. ADJOURNMENT The meeting adjourned at 3:55 p.m. Staff Attendees: City Clerk Pam McCarthy, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Deputy City Attorney Ginny Genarro; Recreation and Parks Director Stan Ford, Recreation and Parks Business Manager Jane Gardner; Development Services Director Jack Hardisty; City Treasurer Bill Descary Other Attendees: Ray Allen, Barbara Fields, Barbara Fowler, Darryl Harvey, Becky Kaiser, Ginger Mello (L&L\L000824.MIN.wpd)