HomeMy WebLinkAboutAgenda Report - August 20, 2008 K-01AGENDA ITEM A40 k
• CITY OF LODI
COUNCIL COMMUNICATION
M
AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 9.18 "Vending on
Streets, Sidewalks and Private Property", Section 9.18.050 -A -I. Relating to
Location; and Repealing and Reenacting Section 9.18.110 in its entirety relating to
Sanitation.
MEETING DATE: August 20,2008
PREPARED BY: Community Development Department
RECOMMENDED ACTION: Introduce Ordinance amending Lodi Municipal Code Chapter9.18
"Vending on Streets, Sidewalks and Private Property", Section
9.18.050-A-1 relating to location; and repealing and reenacting
Section 9.18.110 in its entirety relating to sanitation.
BACKGROUND INFORMATION: In July of 2007, the City Council approved anew set of
comprehensive regulations covering the vending of produce and
prepared or prepackaged foods, goods, wares, and/or services on
public streets, sidewalks or alleys and on private property.
Those regulations, covered under revised Chapter 9.18 of the Lodi Municipal Code, more commonly
referred to as the "Vending Ordinance", cover all facets of vending activitiesfrom the lunch wagons that
operate either from a fixed location or an established route, to push cart and motorized ice cream and
food vendors, and to the itinerant merchantswho sell a variety of flags, statues, flowers and other wares
during weekends and around holidays.
On July 16, 2008, the Vending Ordinancewas brought back before the City Council for review. At that
meeting, Staff recommended that the City Council consider revising the regulation that pertains to
vendors operation around City parks. Vendors operating from the street or sidewalk are currently
restricted from operating "within three hundred feet of any school grounds, park, playground, or city
operated recreation center". This languagewas taken from the regulationsof anotherjurisdiction and it
applies mainly to ice cream trucks and push cart vendors. Staff felt that it may be reasonable to allow
vendors around City parks, considering that the regulations pertaining to proximity to other vendors and
the requirementto move every ten minutes still would provide adequate protection from over -
concentration of vendors in one park and would prevent them from lingering too long in one location,
thereby maintaining a decent park atmosphere for families.
The City Council did provide direction to amend that language, with an additional condition that would
prohibit vendors from operating near those parks where City -authorized food concessionswere in
operation. Subsequent to that Council meeting, Staff also received commentfrom the Parks
Superintendent stating that he would prefer that vendors only be allowed to operate from the
APPROVED: LE
g, City Manager
street/sidewalk around the parks and not from the park interiors. The attached proposed Ordinance
language incorporates those conditions.
While not mentioned at the July 16th meeting, Staff has noted an erroneous reference to the State Health
and Safety Code within one portion of the Vending Ordinance that does need to be corrected. Section
9.18,110 (C) states that, "A motorized food wagon or conveyance shall comply with California Health and
Safety Code Section 114299.5 regarding the availability of adequate toilet facilities for use by food
service personnel." The reference to the Health and Safety Code should be to Section 114315. The
attached proposed Ordinance language incorporates that correction.
FISCAL IMPACT: No fiscal impact.
FUNDING AVAILABLE: N/A
Attachment
Attachment "A"
9.18.050 Location.
A. A vendor may locate and operate in the public right-of-way subject to the following
conditions:
1. A vendor shall not operate within three hundred feet of; ,
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a.) school grounds: or
b.) a park, playground, or city operated recreation center where a City -authorized food
concession exists. Where permissible, vendor operations at City parks shall be
restricted to the streets and sidewalks around the perimeter of the parks.
9.18.110 Sanitation.
A. All motorized food wagons or conveyances shall operate out of a commissary pursuant to
California Health and Safety Code Section 114287.
B. All motorized food wagons or conveyances shall be equipped with refuse containers large
enough to contain all refuse generated by the operation of such a vehicle, and the vendor
of the motorized food wagon or conveyance shall pick up all refuse generated by such
operation within a twenty-five foot radius of the vehicle before such vehicle is moved. No
vendor shall dispose of any trash or refuse in any such public or private trash receptacle
other than a trash receptacle owned, operated, or otherwise provided by and under the
control of such vendor.
C. A motorized food wagon or conveyance shall comply with California Health and Safety
Code Section 114299.5 -r 114315 regarding the availability of adequate toilet facilities for
use by food service personnel.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE CHAPTER 9.18 "VENDING ON
STREETS, SIDEWALKS AND PRIVATE PROPERTY" SECTION
9.18.050-A.-1. RELATING TO VENDING LOCATION; AND
REPEALING AND REENACTING SECTION 9.18.110 IN ITS
ENTIRETY RELATING TO SANITATION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI
AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 9.18.050-A.-1. "Location" — is hereby amended
to read as follows:
9.18.050 Location.
A. A vendor may locate and operate in the public right-of-way subject to the following
conditions:
1. A vendor shall not operate within three hundred feet of:
a.) school grounds; or
b.) a park, playground, or city operated recreation center where a City -
authorized food concession exists. Where permissible, vendor operations
at City parks shall be restricted to the streets and sidewalks around the
perimeter of the parks.
SECTION 2. Lodi Municipal Code Section 9.18.110 "Sanitation" — is hereby repealed and
reenacted to read as follows:
9.18.110 Sanitation.
A. All motorized food wagons or conveyances shall operate out of a commissary pursuant
to California Health and Safety Code Section 114287.
B. All motorized food wagons or conveyances shall be equipped with refuse containers
large enough to contain all refuse generated by the operation of such a vehicle, and the
vendor of the motorized food wagon or conveyance shall pick up all refuse generated by
such operation within a twenty-five foot radius of the vehicle before such vehicle is
moved. No vendor shall dispose of any trash or refuse in any such public or private trash
receptacle other than a trash receptacle owned, operated, or otherwise provided by and
under the control of such vendor.
C. A motorized food wagon or conveyance shall comply with California Health and Safety
Code §114315 regarding the availability of adequate toilet facilities for use by food
service personnel.
SECTIONS. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 5. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
SECTION 6. This ordinance shall be published one time in the "Lodi News -Sentinel," a daily
newspaper of general circulation printed and published in the City of Lodi, and shall take effect
thirty (30) days from and after its passage and approval.
Approved this _ day of , 2008
JOANNE MOUNCE
Mayor
Attest:
RANDI JOHL
City Clerk
------------------------------------------------------------------------
------------------------------------------------------------------------
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
was introduced at a regular meeting of the City Council of the City of Lodi held August 20, 2008,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held , 2008, by the following vote:
AYES: COUNCIL MEMBERS —
NOES; COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
RANDI JOHL, City Clerk
2
From: Randi Johl
Sent: Wednesday, August 20, 2008 11:48 AM
To: 'Allen Martin'; City Council
Cc: Blair King; Joseph Wood; Jeff Hood
Subject. RE: Item K-1 - DO NOT ALLOW MOBILEVENDORS
Thank you for your email. It was received by the City Council and forwarded to the appropriate
department(s) for information, response and/or handling.
Aandi Johl, City Clerk
From: Allen Martin[mailto:twogun1939@sbcglobal.net]
Sent: Wednesday, August 20, 2008 11:40 AM
To: City Council
Subject: ItemK-1 - DO NOT ALLOW MOBILE VENDORS
We reside next to Peterson Park and would be greatly affected by mobile vendors, if they were
allowed to do business here. We are already picking up trash that is left behind by the hoards of
people using the park - one with no off-street parking - and the thought of having meals served
just outside our home is untenable, what with the extra trash generated therefrom. Please don't
allow that to happen here.
Allen Martin
Corner of Evergreen and Applewood
From: RandiJohl
Sent: Wednesday, August 20,2008 11:49 AM
To: 'Ozminkowski's of Lodi; Susan Hitchcock; Bob Johnson; JoAnne Mounce; Phil Katrakian;
Larry Hansen
Cc: Blair King; Joseph Wood; Jeff Hood
Subject: RE: Vending on Streets
Thank you for your email. It was received by the City Council and forwarded to the appropriate
department(s) for information, response and/or handling.
Randi Johl, City Clerk
From: Ozminkowski's of Lodi [mailto:ozmin@sbcglobal.net]
Sent: Wednesday, August 20,2008 11:32 AM
To: Randi Johl; Susan Hitchcock; Bob Johnson; JoAnne Mounce; Phil Katrakian; Larry Hansen
Subject: Vending on Streets
Good Morning,
Ijust had a neighbor at my door informing me about the possible change to the current vending
code and how it could impact our neighborhood. I live across the street from Peterson Park on
Elm. We are already bumperto bumperwith cars parked up and down the streets during soccer
practices and tournaments. Extra pedestrian traffic and car traffic always adds the risk of an
accident. I understandthese venders needing to make a living but, I moved into this
neighborhood with the expectation that I wouldn't have a taco truck parked in front of my house.
The park does not provide a parking lot so there would be very little space to even park one truck
let alone two or three. There will be garbage left in and outside the park because that is what
happens. This is a quiet residential area. Not a business area. I am a soccer mom who travels
on weekends with my son. We expect to leave a park to find lunch or pack our own. Please
don't change the current vending ordinance
Also, I never would have known this issue was even being considered if a neighbor clear across
the park didn't make the effort to keep his neighbors informed. What's the best way to find out
about these kinds of changes before it's too late?
Thank you for your time and consideration.
Pam Ozminkowski
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Randl Johl
From:
Randi Johl
Sent:
Wednesday, August 20,2008 3:58 PM
To:
'Flemmers'
Cc: Blair King; Joseph Wood; Jeff Hood
Subject: RE: Taco Trucks
Thank you for your email. It was received by the City Council and forwarded to the appropriate department{s} for
information, response and/or handling.
Randi Johl, City Clerk
From: Remmers [mailto:flemmers@lodirealestate.net]
Sent: Wednesday, August 20, 2008 2:45 PM
To: Randi Johl
Subject: Taco Trucks
Dear Council,
I failed to mention in my first e-mail about this 10 minute rule you would enact. Who is going to monitor this time
limit? When you have twenty people lined up ordering multiple items, how in the world can this truck cook up this
stuff in ten minutes so the truck can move and the next one pull in its place? If someone on the council is in favor
of this, maybe you can come on out and be the enforcer of this ridiculous idea. The calls this is going to give the
police will be a waste of time. They have more importantthings to do than moving trucks around and from the
talk of neighbors I think this will happen.
Thanks again,
Bruce Flemmer
[110YA1 11:,
Page 1 of 1
r
Randi Johl
From: Randi Johl
Sent: Wednesday, August 20,2008 3:57 PM
To: 'DBIis95@aol.com'
Cc: Blair King; Joseph Wood; Jeff Hood
Subject: RE: K-1 Mobile Vendor Ordinance
Thank you for your email. It was received by the City Council and forwarded to the appropriate department(s)
for information, response and/or handling.
Randi Johl, City Clerk
From: DBIis95@aol.com [mailto:DBlis95@aol.corn]
Sent: Wednesday, August 20, 2008 3:14 PM
To: Randi Johl
Subject: K-1 Mobile Vendor Ordinance
As residents of West Lodi. we are opposed to the changing of Item K -I, Mobile Vendor Ordinance.
Eugene & Donna Bliss
95Applewood Drive
It's only a deal if it's where you want to go. Find your travel deal here.
08/20/2008
From: Randi Johl
Sent: Wednesday, August 20, 2008 12:03 PM
To: 'Flemmers; City Council
Cc: Blair King; Joseph Wood; Jeff Hood
Subject: RE: taco trucks
Thank you for your email. It was received by the City Council and forwarded to the appropriate
department(s) for information, response and/or handling.
Randi Johl, City Clerk
From: Flemmers[mailto:flemmers@lodirealestate.net]
Sent: Wednesday, August 20,2008 12:02 PM
To: City Council
Subject: taco trucks
Dear Council members,
It has been brought to my attention that Taco trucks are trying to pass an ordiance which would
allow them access to park their trucks at local parks. I live near Petersen park and see the
soccer activity thereon a daily basis. It has a lot of soccer activity there throughout the week with
cars parked in front of homes both legally and illegally. The allowance of these trucks to park and
do food service to the people would be a safety issue for the people. The litter these people
leave behind would also increase. Many neighbors I know do not think this is a good idea.
Thank you,
Bruce Flemmer