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HomeMy WebLinkAboutAgenda Report - June 19, 2019 C-23AGENDA ITEM C-23 Crrv or Loor C ouxcu-, C ovtMUNICATIoN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Adopt Resolution Approving Encroachment Permit Application from Stanley Jacks dba Dogs on the Run to Operate Hot Dog Cart in the Post-Office Plaza, Located at the Southeast Corner of School Street and Oak Street June 19,2019 Public Works Director RECOMMENDED ACTION Adopt resolution approving encroachment permit application from Stanley Jacks dba Dogs on the Run to operate hot dog cart in the Post-Office Plaza,located at the southeast corner of School Street and Oak Street. BACKGROUND INFORMATION:Stanley Jacks, who operates a food cart business known as "Dogs on the Run," has requested an encroachment permit to operate a hot dog cart at the southeast corner of School and Oak Streets, known as the Post Office Plaza. Lodi Municipal Code S 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. The permit is to designate the specific location and conditions under which such food cart shall be allowed. Mr. Jacks has been approved by Lodi Code Enforcement for a peddler's permit. Copy 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, with Council consent. 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 four feet of unobstructed passage is provided for sidewalk pedestrian traffic;. The term of the permit;. The cart owner's responsibility regarding litter;o Hours of operation;. City authority to revoke the permit. ln 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. APPROVED: Step n nager K:\WP\DEV_SER\AEncroachments\STRUCTURAL PERMITS\Post office Plaza\DOGS ON THE RUNl2019 CC-Dogs on the run hotdogstand.doc 6t11t2019 Adopt Resolution Approving Encroachment PermitApplication from Stanley Jacks dba Dogs on the Run to Operate Hot Dog Cart in the Post-Office Plaza, Located at the Southeast Corner of School Street and Oak Street June 19, 2019 Page2 F¡SCAL IMPACT:It is expected that the hot dog cart will contribute to additional downtown commerce FUNDING AVAILABLE: Not applicable Charles E. Swimley, Jr Public Works Director Denise Wiman, Senior Engineering Technician - Development ServicesPrepared by cEs/DWtdb Attachments cc: StanleyJacks, Dogs on the Run Lance Roberts, Utilities Manager Lodi Chamber of Commerce KIWP\DEV_SER\ Encroachments\STRUCTURAL PERMITS\PosI office Plaza\DOGS ON THE RUN\2019 CC-Dogs on the run hotdogstand.doc 5t31t2019   VICINITY MAP 120 SOUTH SCHOOL STREET POST OFFICE PLAZA “DOGS ON THE RUN” PROPOSED PLACEMENT 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 OAK STREET SCHOOL STREET EXHIBIT C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY $ $ 3435 Mt. Diablo Blvd., Ste 300 Kosich Insurance Agency, Inc. Cert ID 5150 221 West Pine Street United States Liability Ins Co 25895 05/02/2019 1202 Summerview Drive corp@kosich.com Y A X X Kenneth Kosich Lafayette CA 94549 Lodi CA 95240 Stockton CA 95210 (925) 284-3911 (925) 284-3919 X 100,000 1,000,000 5,000 05/02/2019 05/02/2020CL1930506 1,000,000 2,000,000 Included City of Lodi City of Lodi is included as additional insured per endorsement form L-723 (02-09) Stanley Jacks Page 1 of 1 L 723 (02-09) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BLANKET ADDITIONAL INSURED ENDORSEMENT Section II – Who Is An Insured is amended to include as an insured any person(s) or organization(s) who you are required to add as an additional insured under written contract(s), written permit(s) or written agreement(s), that require such person(s) or organization(s) to be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” occurring after the effective date of such written contract(s), written permit(s) or written agreement(s) that is caused, in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; EXCLUSIONS There is no coverage under this endorsement for loss or expense, including but not limited to the cost of defense for “bodily injury”, “property damage” or “personal and advertising injury” occurring: (1) After all of “your work”, including materials, parts or equipment furnished in connection with “your work” and performed under the above referenced written contract(s), written permit(s) or written agreement(s) has ended; or (2) When that portion of “your work” out of which the “bodily injury”, “property damage” or “personal and advertising injury” arises and performed under the above referenced written contract(s), written permit(s) or written agreement(s) has been put to its intended use by any person(s) or organization(s); whichever occurs first. Coverage is not provided for “bodily injury”, “property damage” or “personal and advertising injury” arising out of the sole negligence of an additional insured under this endorsement. Coverage provided by this endorsement will be excess over any insurance available to any additional insured under this endorsement unless a written contract(s), written permit(s) or written agreement(s) specifically requires that coverage under this endorsement is primary. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. From:Beverly Jensen To:Denise Wiman Cc:Teri Mangrich Subject:RE: Insurance approval for Hot Dog vendor at Post Office Plaza Date:Thursday, May 30, 2019 2:37:43 PM Approved. Thanks Bev   From: Denise Wiman   Sent: Thursday, May  30, 2019  2:12 PM To: Beverly Jensen <bjensen@lodi.gov> Cc: Teri  Mangrich  <tmangrich@lodi.gov> Subject: Insurance approval  for Hot  Dog vendor  at Post  Office Plaza   Bev,   Please find  attached  the  submitted insurance  for “Dogs on  the  Run”.  A  hot dog vendor that has applied for  an encroachment permit  to stage  at Post  Office Plaza (Oak and School St).  The  past vendors  were  required to carry  the  insurance  as attached.  He is  on the  Council agenda  for  approval on  June 19 th . Please review.   Thank you, Denise   Denise Wiman Sr. Engineering Technician City of Lodi Public Works 221 West Pine Street Lodi, CA 95240 (209) 333-6773   RESOLUTTON NO. 201 9-1 09 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING ENCROACHMENT PERMIT APPLICATION FROM STANLEY JACKS, DBA DOGS ON THE RUN, TO OPERATE HOT DOG CART IN THE POST OFFICE PLAZA, LOCATED AT THE SOUTHEAST CORNER OF SCHOOL STREET AND OAK STREET; AND FURTHER AUÏHORIZING THE CITY MANAGER TO EXECUTE EXTENSIONS WHEREAS, Lodi Municipal Code 510.44.080.8 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 permit term is one-year and may be revoked at any time by the City if the terms and conditions are violated. NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby approve the encroachment permit application from Stanley Jacks, dba Dogs on the Run, to operate a hot dog cart in the Post Office Plaza, located at the southeast corner of School Street and Oak Street, with the term of one year; and BE lT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute up to four annual extensions. Dated: June 19,2019 I hereby certify that Resolution No. 2019-109 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 19,2019 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 T\\farv.t'r24 NNIFER City Clerk 201 9-1 09 FERRAIOLO