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HomeMy WebLinkAboutAgenda Report - June 1, 2016 C-16TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM CIb AGENDA TITLE: Adopt Resolution Approving Encroachment Permit Application from Just Dawgs, LLC to Operate Hot Dog Cart in the Post -Office Plaza Located at the Southeast Corner of School Street and Oak Street MEETING DATE: PREPARED BY: June 1, 2016 Public Works Director RECOMMENDED ACTION: BACKGROUND INFORMATION Adopt resolution approving encroachment permit application from Just Dawgs, LLC to operate hot dog cart in the Post -Office Plaza located at the southeast corner of School Street and Oak Street. Donald Woods, who operates a food cart business known as "Just Dawgs," has requested an encroachment permit to operate a hot dog cart at the southeast corner if School and Oak Streets, known as the Post Office Plaza. Lodi Municipal Code § 10.44.080.B prohibits the parking of lunch wagons, eating carts etc., on any portion of the public right-of-way without obtaining a written permit from the City Council. The permit is to designate the specific location and conditions under which such food cart shall be allowed. Mr. Woods has been approved by Lodi Code Enforcement for a peddler's permit. Copies of the application (Exhibit A), pictures of the cart (Exhibit B), a site plan showing the requested placement (Exhibit C), Environmental Health Permit (Exhibit D), approved insurance (Exhibit E), as well as the above-mentioned code section (Exhibit F) are attached. This is the same location where a hot dog cart vendor operated for several years in the 1990's, with Council consent. In support of the current efforts of the City and local business community to promote downtown revitalization, staff recommends that the City Council approve the encroachment permit application to allow the placement of the hot dog cart on the public right-of-way at the requested location and authorize the City Manager to execute up to four annual extensions. The permit term is one year and may be revoked at any time by the City if the terms and conditions are violated. The encroachment permit will include the standard terms and conditions as well as the specific conditions listed below: • The specific location of the cart so that a minimum of 4 feet of unobstructed passage is provided for sidewalk pedestrian traffic • The term of the permit • The cart owner's responsibility regarding litter • Hours of operation • City authority to revoke the permit chwa`a a '► anager K:\WP\DEV SERV\Encroachments\STRUCTURAL PERMITS\CC-Just Dawgs hotdogstand.doc 5/24/16 Adopt Resolution Approving Encroachment Permit Application from Just Dawgs, LLC to Operate Hot Dog Cart in the Post -Office Plaza Located at the Southeast Corner of School Street and Oak Street June 1, 2016 Page 2 FISCAL IMPACT: It is expected that the hot dog cart will contribute to additional downtown commerce. FUNDING AVAILABLE: Not applicable. CLQ 2s2,Q_ Charles E. Swimley, Jr. Public Works Director Prepared by Denise Wiman, Senior Engineering Technician — Development Services CES/DW/tdb Attachments cc: Donald Woods, Just Dawgs Lance Roberts, Utilities Manager Lodi Chamber of Commerce K:\WP\DEV SERV\Encroachments\STRUCTURAL PERMITS\CC-Just Dawgs hotdogstand.doc 5/24/16 ENCROACHMENT PERMIT PROCESSING TIME IS A MINIMUM OF 5 BUSINESS DAYS city of Lodi Public Works Department C Downtown Encroachment Permit Application (Merchant/Sidewalk Use) J 1. Business Name: OT) t at,o5 5 2. Business Address: e2,6/q0 A) 142_4,c Cd 4citited G , ��i) 3. Phone: 2-5, `- X5 ('") Business Phone: rSA. 3. Contact Person: fp/kedfpaketa Aldi Email: cluignis 11,7Q Wlp, y 1, ‘0 117 4. Describe Use of Public Sidewalk: M,— ilet4 LD- Co p wi (List structures: A -frame sign, table, chair, planter) T' Sal/ /4/44 r Q1 r7L CA/r--4 i s el. �� of„, t ) It* ow.tL-- PlA2-i---, p- For sidewalk seating, provide sketch of area with dimensions to curb and building, and color photo/furniture catalog information. Provide dimensions if requesting use of A -frame sign. 5. Requesting to serve alcoholic beverages in the public right-of-way? 0 Yes No Serving alcoholic beverages is permitted as described in Lodi Municipal Code 9.04.010 and a copy of the Alcoholic Beverage Control license is required prior to permit issuance. Liquor liability insurance coverage is required prior to permit issuance. The undersigned agrees to indemnify and save the City of Lodi free and harmless from any liability in accordance with the provisions of Lodi Municipal Code (LMC) Sec. 12.04.040. Permittee is specifically aware of LMC Sec. 12.04 thereof relating to encroachments. The undersigned agrees and understands that a permit can be denied or voided in accordance with City of Lodi rules and regulations subject to inspection and approval. Permit application fees are non- refundable. Certificate of insurance in permittee's name which names the "City of Lodi, it's elected and appointed Boards, Commissions, officers, Agents, Volunteers and Employees” as an Additional Insured is required for General Liability per occurrence and Automobile Liability insurance in an amount d-termined by Risk Mgmt. Primary and Non- contributory as required. DATE /t SIGNED OFFICE USE ONLY ' FEE: PERMIT NO. _- DATE/TIME RCV'D Minimum amount (Balance to be collected at permit issuance) TOTAL FEE: ABC PERMIT NO REVIEWED BY: COMMUNITY DEVELOPMENT DIRECTOR DATE PUBLIC WORKS DIRECTOR DATE 1`: 171(-4 Ur at- Cif -i E n croachmentPermitAppDwntwnMerchant.doc - e ?vi - Ah (fvu,vk r i yY/ `I I J 6 K Pia- Grt 4• 3/9/2016 `" qa • • p r ■ — / - i•. r, Giro- Is HIY �w 'OW City of Lodi Police Department 215 W Ehn Street Lodi, California 95240 Application for Vendor Permit To Operate Site Plan PARA EL ESPANOL — VER EL OTRO LADO DE CADA HOJA F Rose t,./^7•.-1, Bar ct..ti(it, ': c_ r N 1 1111,Nerkitts t. r k) 40,42 f- , zJj C_PA ?Dal' DE:r'ct • SITE PLAN: VICINITY MAP 120 SOUTH SCHOOL STREET POST OFFICE PLAZA PERMIT INCLUDES USE OF POST OFFICE PLAZA. AS PER HOURS AND CONDITIONS ON ENCROACHMENT PERMIT. PLACEMENT OF CART AS SHOWN SO THAT A MINIMUM OF 4 FEET OF UNOBSTRUCTED PASSAGE ON THE SIDEWALK IS PROVIDED FOR PEDESTRIAN TRAFFIC. CLEAN UP OF AREA TO BE MAINTAINED BY BUSINESS OWNER. STORM WATER POLLUTION PREVENTION GUIDELINES TO BE MAINTAINED. SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT 1868 E. Hazelton Ave. • Stockton, CA 95205-6232 • Phone (209) 468-3420 Linda Turkatte, RE.H.S., Director ENVIRONMENTAL HEALTH PERMIT TO OPERATE - 1633 - FOOD VEHICLE/CART (LTD FOOD PREP) # S163421 Permit ID # PT0025065 for Record ID # PR0540855 VEHICLE LIC # 4NX4403 Valid From 3/17/2016 To 12/31/2016 PERMITS TO OPERATE are NOT TRANSFERABLE and may be SUSPENDED or REVOKED for cause. 1 PERMIT(s) Valid only for. WOODS, DONALD E JR DBA: JUST DAWGS LLC THIS FORM MUST BE DISPLAYED CONSPICUOUSLY ON THE PREMISES Regulated Facility: Billing Address: 7016 rpt JUST DAWGS LLC #4NX4403 415 CST GALT, CA 95632 ATTN : WOODS, DONALD E JR OR REBECCA P JUST DAWGS LLC #4NX4403 26190 N SOWLES RD ACAMPO, CA 95220 Facility ID FA0023357 Account ID AR0043017 Issued 3/1812016 RD'® CERTIFICATE OF LIABILITY INSURANCE °A04/2�/2o s' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate terms and conditions certificate holder in Ilei holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the ,f -the -pokier ale--rPxx �ogr,lr. nIndorsement. A statement on this certificate does not confer rights to the l of such en OVED PRODUCER Veracity Insurance Solutions, 260 South 2500 West, Pleasant Grove Suite 3{13MAYA2 Risk Management tJA61LnY COMMERCIAL GENERAL LIABILITY AMS CONTACT FLIP Program Support NAME; HAM LCC. ��� PING Nn, : (888) 568-0548 _ I I .NOI. EUAREsa; info@fliprogram.com !RUMBAS) AFFORD}Nr3COVERAGE $ 1,000,000 $ 300,000 NAICA 26832 Great AmericJITan nce InsuranceeCo. INSURER A; INSURED Just Dawgs, LLC 26190 N Sowles Rd Acampo By: f / A INSURER B: ; X/ ---L INsufiERC!. ? • '5220 INSURER 0- INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE At7O4 INSR SueR. WVO POL.Icyy EFF ALARM PQtJCY WALTER IMMf0D/PYYYI AMM1ADMYYYY1 : LIMITS GENERAL X tJA61LnY COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE PRE PSES AGE TO RENTED AER occurrence $ 1,000,000 $ 300,000 $ 5,000 1 CLAIMS -MADE n OCCUR MED EXP (Any one person) A PL3843165-F016530 04/01/2016 04/01/2017 PERSONAL &ADV INJURY s 1;000,000 • GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ _GEN'L �� �r xj POLICY 7 LOC AUTOMOBILE LIABILITY V� FCOMBED SINGLE LIMIT INEa acc_dent)___ ANY AUTO BODILY INJURY (Per person) 5 —. ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ _ HIRED AUTOS . NON -OWNED AUTOS PROPERTY ■ • rA (Per accident) .s 5 UMBRELLA LIAB— OCCUR 7 EACH OCCURRENCE $ f EXCESS LIAB CLAIMS -MADE 111 AGGREGATE $ $ DED 1 1 RETENTIONS WORKERS COMPENSATION EMPLOYERS' LIABILITY i. WC STATU- 1 1 EITH- i TL�RY.1dANTS FR AND Y / ANY PROPRIETOR/PARTNER/EXECUTIVE t - EL EACH ACCIDENT 5 OFFICE/MEMBER EXCLUDED? u (Mandatory In NH) N / A E.L DISEASE - EA EMPLOYE 5 5 If yes, describe under DESCRIPTION OF OPERATfONE hmow E.L DISEASE - POLICY LIMIT IT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder had been added as additional insured regarding the above mentioned policy per attached Additional Insured - Designated Person or Organization (CG20 26, ED. 04 13) Insurance shall be Primary and Non-contributory per attached CG 20 01 CERTIFICATE HOLDER CANCELLATION City of Lodi, its elected and appointed Boards,Commissions, Officers, Agents, Volunteers, and Employees 221 W Pine St P.O. Box 3006 Lodi CA 95241 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CG 20 26 (Ed, 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s): Per individual Certificate of Coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION 11 - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: B. 1. in the performance of your ongoing operations; or 2. in connection with your premises owned by or rented to you. However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contractor agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1. required by the contract or agreement; or 2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Copyright, ISO Properties, Inc., 2012 CG 20 26 (Ed. 04/13) PRO Page 1 of 1 CG 20 01 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and evil' not seek contribution from any other insurance avail- able to an additional insured under your policy provided that: CG 20 01 (Ed. 04/13) (1) the Additional Insured is a Named Insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. Copyright, ISO Properties, Inc., 2012 Lodi, CA Code of Ordinances Page 1 of 1 10.44.080 - Unlawful parking—Peddlers, vendors. A. Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or food stuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street or public right-of-way within the city except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this subsection shall not apply to persons delivering such chapters upon order of or by agreement with a customer from a store or other fixed place of business or distribution. B. No person shall park or stand on any street or public right-of-way any lunch wagon, eating cart, vehicle or pushcart from which any chapters of food are sold or offered for sale without first obtaining a written permit to do so from the council which shall designate the specific location in which such cart shall stand. C. No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the council which shall designate the specific location where the vehicle may stand. D. Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon or pushcart on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of competent jurisdiction for violating the provisions of this section, such permit shall be forthwith revoked by the council upon the filing of the record of such conviction with the council and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation. (Vehicle Code § 22455) (Ord. 1402 § 1 (part), 1987) about:blank 5/3/2016 RESOLUTION NO. 2016-88 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE ENCROACHMENT PERMIT APPLICATION FROM JUST DAWGS, LLC, TO OPERATE A HOT DOG CART IN THE POST OFFICE PLAZA LOCATED AT THE SOUTHEAST CORNER OF SCHOOL STREET AND OAK STREET; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO FOUR ANNUAL EXTENSIONS WHEREAS, Lodi Municipal Code §10.44.080.8 prohibits the parking of lunch wagons, eating carts, etc., on any portion of the public right-of-way without obtaining a written permit from the City Council; and WHEREAS, the permit is to designate the specific location and conditions under which such food cart shall be allowed; and WHEREAS, staff recommends that the City Council approve the encroachment permit application to allow the placement of the hot dog cart on the public right-of-way at the requested location and authorize the City Manager to execute up to four annual extensions; and WHEREAS, the term of the permit is one year and may be revoked at any time by the City if the terms and conditions are violated. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the encroachment permit application from Just Dawgs, LLC, to allow the placement of a hot dog cart on the public right-of-way in the Post Office Plaza located at the southeast corner of School Street and Oak Street; and BE IT FURTHER RESOLVED that the term of the permit is for one year and may be revoked at any time by the City if the terms and conditions are violated; and BE IT FURTHER RESOLVED that the Lodi City Council hereby authorizes the City Manager to execute the encroachment permit and up to four annual extensions, if in the best interest of the City to do so. Dated: June 1, 2016 I hereby certify that Resolution No. 2016-88 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 1, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Chandler ABSTAIN: COUNCIL MEMBERS — None TrA L�Gc.c O J NNIFER . FERRAIOLO City Clerk 2016-88 CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P 0. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www.lodi.gov May 26, 2016 Lodi Chamber of Commerce 35 South School Street Lodi, CA 95240 STEPHEN SCHWABAUER City Manager JENNIFER M FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT. Adopt Resolution Approving Encroachment Permit Application from Just Dawgs, LLC to Operate Hot Dog Cart in the Post -Office Plaza Located at the Southeast Corner of School Street and Oak Street Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, June 1, 2016. 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 Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Denise Wiman at (209) 333- 6706. Charles E. Swimley, Jr. Public Works Director CES/tdb Enclosure cc: City Clerk CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI Just Dawgs Donald Woods 26190 North Sowles Road Acampo, CA 95220 CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www.lodf.gov May 26, 2016 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: Adopt Resolution Approving Encroachment Permit Application from Just Dawgs, LLC to Operate Hot Dog Cart in the Post -Office Plaza Located at the Southeast Corner of School Street and Oak Street Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, June 1, 2016. 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 Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Denise Wiman at (209) 333- 6716. Mk Charles E. Swimley, Jr. ' Public Works Director CES/tdb Enclosure cc: City Clerk