Loading...
HomeMy WebLinkAboutAgenda Report - April 21, 1999 E-164°o • •COUNCIL COMMUNICATION AGENDA TITLE: Request from Bone Cuisine A La Carte to Operate a Hot Dog Cart on the Sidewalk Fronting the County Court at 315 West Elm Street MEETING DATE: April 21, 1999 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council approve the request of Mr. Louis Fugazi to operate a hot dog cart on the sidewalk in front of the County court at 315 West Elm Street. BACKGROUND INFORMATION: Lodi Municipal Code §10.44.080 (copy attached) prohibits the parking of lunch wagons, eating carts, etc., on any portion of the public right-of-way without a written permit from the City Council. The permit designates the location and conditions under which such cart shall be allowed to stand. Mr. Fugazi, owner of Bone Cuisine A La Carte, currently is approved along the Post Office frontage and has operated there, on a seasonal basis, for approximately five years. (The encroachment permit was originally approved by the City Council in October 1993 and has been renewed annually, including standard additional insured insurance certificates.) He has shared the location with a shaved -ice vendor on occasion with no significant problems. The area has been dutifully maintained and permit conditions met. The location fronting the County court has been favorably approved by the seated judges (see attached letter). Their concerns of maintaining the location and interference with court access will be conditions of the permit. These conditions have not been a problem with the Post Office frontage. Participation in major events scheduled throughout the year is excluded from this request and requires approval of the individual sponsors of the event. Staff is concerned that Mr. Fugazi operates only one cart but is tying up numerous locations that could eventually be in demand by other vendors. If we receive requests from other vendors for locations approved for Mr. Fugazi which he's not using, Council will have to make a determination to deny the request or revoke/modify Mr. Fugazi's permit. FUNDING: None required. Richard C. Prima, .JT! Public Works Director Prepared by Jeannie Matsumoto, Sr. Engineering Technician RCP/JM/lm Attachments cc: City Attorney Municipal Court Judges Community Development Director Police Chief Downtown Lodi Business Partnership Louis Fugazi APPROVED: / H. Dixon Flynn -- City Manager CBONCUISI N E(FUGAZI ).DOC 04/15/99 10.44.060 other vehicles or pedestrians, notwith- the council which shall designate the spe- standing any traffic control signal indica- cific location in which such cart shall tion to proceed. (Ord. 1402 § 1 (part), stand. 1987) C. No person shall park or stand any vehicle or wagon used or intended to be 10.44.070 Parking not to obstruct used in the transportation of property for sight distance. hire on any street while awaiting patron - No person shall park or leave standing age for such vehicle or wagon without a vehicle which is six feet or more in first obtaining a written permit to do so height, including any load thereon within from the council which shall designate one hundred feet of any intersection so the specific location where the vehicle designated in the traffic resolution. may stand. (Vehicle Code § 22507) (Ord. 1402 § 1 D. Whenever any permit is granted (part), 1987) under the provisions of this section and a particular location to park or stand is 10.44.080 Unlawful parking— specified therein, no person shall park or Peddlers, vendors. stand any vehicle, wagon or pushcart on A. Except as otherwise provided in any location other than as designated in this section, no person shall stand or park such permit. In the event that the holder any vehicle, wagon or pushcart from of any such permit is convicted in any which goods, wares, merchandise, fruits, court of competent jurisdiction for vio- vegetables or food stuffs are sold, dis- lating the provisions of this section, such played, solicited or offered for sale or permit shall be forthwith revoked by the bartered or exchanged, or any lunch council upon the filing of the record of wagon or eating car or vehicle, on any such conviction with the council and no portion of any street or public right -of- permit shall thereafter be issued to such way within the city except that such vehi- person until six months have elapsed cles, wagons or pushcarts may stand or from the date of such revocation. (Vehi- park only at the request of a bona fide cle Code § 22455) (Ord. 1402 § 1 (part), purchaser for a period of time not to 1987) exceed ten minutes at any one place. The provisions of this subsection shall not 10.44.090 Temporary parking. apply to persons delivering such chapters A. Restrictions. Whenever the public upon order of or by agreement with a works director or the police chief deter - customer from a store or other fixed mine that a traffic congestion is likely to place of business or distribution. result from the holding of public or pri- B. No person shall park or stand on vate assemblages, gatherings or func- any street or public right-of-way any tions, or for other reasons, they shall have lunch wagon, eating cart, vehicle or push- power and authority to order temporary cart from which any chapters of food are signs to be erected or posted indicating sold or offered for sale without first that the operation, parking or standing of obtaining a written permit to do so from vehicles is prohibited on such streets as 161 (Lodi 1-88) JQ�g10R coG ,y� Superior (Court of (falifornia Robert F.Baysinger (ExTuntp of ,San Joaquin Judge Courthouse Gb ' 230 W Ebn Street Lodi, CA 95241 (209) 333-6750 01999 March 29, 1999 Mr. Richard C. Prima, Jr. City of Lodi Director of Public Works P.O. Box 3006 Lodi, CA 95241-1910 RE: Fugazi Vendor Application Dear Mr. Prima: After review of the vendor encroachment application by Louis Fugazi, for the public area in front of 315 West Elm Street, with Judge Warner and court personnel, we conclude there is no objection to issuance. Our only concerns would be with public ingress and egress to the court facility as well as litter control. I have personally observed Mr. Fugazi's operation at the Post Office on School Street and would not anticipate any problems. Thank you for the courtesy of notification of the application and the opportunity to respond. Respectfully yours, 4 —� Qt:-t�- Robert F. Baysinger Judge CITY COUNCIL KEITH LAND, Mayor STEPHEN J. MANN Mayor Pro Tempore SUSAN HITCHCOCK ALAN S. NAKANISHI PHILLIP A. PENNINO CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (2 09) 333-6706 FAX (209) 333-6710 April 15, 1999 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney Mr. Louis Fugazi Mr. Alan Goldberg, Vice President Bone Cuisine A La Carte Downtown Lodi Business Partnership P. O. Box 290 P. O. Box 1565 Lodi, CA 95241 Lodi, CA 95240 SUBJECT: Request from Bone Cuisine A La Carte to Operate a Hot Dog Cart on the Sidewalk Fronting the County Court at 315 West Elm Street Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, April 21, 1999. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Alice Reimche, City Clerk, at 333-6702. If you have any questions about the item itself, please call Jeannie Matsumoto at 333-6800, 661. Z�k Richard C. Prima, Jr. Public Works Director RCP/Im Enclosure X cc: City Clerk NCBONCUISINE(FUGAZI ).DOC