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
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