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HomeMy WebLinkAboutAgenda Report - October 6, 1993 (94)0I CITY OF LODI COUNCIL COMMUNICATION . o� AGENDA TITLE: Pushcart Vendor's Ordinance (LMC Section 10.44.080) MEETING DATE: October 6, 1993 PREPARED BY: City Attorney RECOMMENDED ACTION: Council discussion and direction. BACKGROUND: At its October 6, 1993 meeting, the Lodi City Council will be requested to consider the issuance of a vendor's permit under Lodi Municipal Code Section 10.44.080 to Mr. Louis Fugazi to operate a hot dog cart on the sidewalk in front of the downtown Post Office. It may be desirable for the Council to concurrently consider possible staff direction for the amendment of this ordinance. This section of the Municipal Code has been on the books for many years, and with a few minor exceptions, has not been the subject of much discussion. However, it now appears that the City will be receiving more frequent requests from pushcart vendors for a sidewalk vending permit. As such, it may be desirable to amend the Ordinance to address certain specific points. First, the Ordinance in some aspects applies both to pushcarts and vending trucks, without distinguishing between those operating at a parking stall at the curb and those which might be parked on a sidewalk. At present, the Ordinance specifies that both vehicles and pushcarts cannot remain at a single location for more than 10 minutes without being moved. That may cause some confusion if City permits specify a location upon which the pushcart is to be operated. It may be desirable to clarify this point. Tka Council may .lso wish to delegate the authority for issuance of such permits instead of holdiu, public hearings on each such request. Most agencies with which I am familiar allow the issuance of a permit by a department head or subordinate body. If the Council wishes to update the Ordinance, it could best be done by a specific section of LMC Chapter 10.44 addressing "Pushcarts on Public Sidewalks". Such ordinance could specify t:iat it applies over the more general provisions of Chapters 9.18 and 12.04 of the Municipal Code. It may also be desirable to eliminate Paragraph C which addresses vehicles for hire used in the transportation of property. This section appears to be archaic, since we do not usually find moving vans parked upon public streets while awaiting patronage for the transportation of property. APPROVED. i, THOMAS A. PETERSON wyWaC papa, City Manama PUSHCART/TXTA.01V CG'1 Agendtl Title: Pushcart orfs Ordinance (LHC Section 1 m.080) Date: October 6, 1993 Page Two Council discussion and direction is requested. FUNDIM: None required at this time. Respectfully submitted, Bob McNatt City Attorney BM/Vc PUSHCART/TXTA.OIV � or CITY OF LODI COUNCIL COMMUNICATION Request from Bone Cuisine A La Carte to Operate a Hot Dog Cart on the School Street Sidewalk Fronting the Post Office. MEETING DATE: October 6. 1993 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council consider the request of Mr. Louis Fugazi to operate a hot dog cart on the sidewalk in front of the post office on School Street and take appropriate action. BACKGROUND INFORMATION: Lodi Municipal Code §10.44.080 prohibits the parking of hunch 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 cart shall be allowed to stand. Mr. Louis Fugazi, owner of Bone Cuisine A La Carte, has formally requested a permit to operate a hot dog cart on the sidewalk in front of the post office located in the 100 block of School Street. Copies of Mr. Fugazx"s letter as well as the above-mentioned Code sections are attached. RECOMMENDATION: In support of the current efforts of the City and local business community to promote 'downtown revitalization', staff recommends that Council authorize the issuance of an encroachment permit to allow the placement of the hot dog cart on the public sidewalk. The issuance of a permit to allow this operation for a limited period, say six months to one year. would provide City staff with a working model from which valuable insight could be gained regarding the specific problems or operating constraints for this type of operation. For example, there may be some problems with litter, complaints about competition and sidewalk blockage. and other requests for similar activities. Rather than wasting time trying to foresee all the possible problems, staff feels a trial period would be worthwhile. The information gained during this period would be extremely useful for determining if this type of activity is feasible in the downtown area and for identifying items which need to be addressed if and when the current ordinances are amended to allow simitar operations on a continuing basis. The encroachment permit should address the following items and any other items the Council feels appropriate: *The specific location of the cart so that a minimum of 3.5 feet of unobstructed passage is provided for sidewalk pedestrian traffic; .The term of the permit (six months to one year); .The cart owner's responsibility regarding litter, .Hours of operation: and .City authority to revoke permit. FUNDING: None required. Ja L. Ronsko tic Works Director Prepared by Sham A. Welch. Associate CM Engineer AUscl nwft cc: Louis Fupazi Lad Downtown Business AssodabW Charnber of C rnmerce Ecormie Development Coordinator A 4PPRCVE . C THOMAS A. PETERSON Wyclwl paps' City Manager CC -1 FWAZ]_t AOC pg/28M BONE CUISINE A LA CARTE P.O. BOX 290 LODI , CA 95241 August 27, 1993 CITY OF LODI 221 West Pine Street Lodi, CA 95241-1910 Attention: Jack Ronsko, Public Works Director Dear Mr. Ronsko: I am, via this letter, requesting a permit to operate my hot d'og carte on School Street at the site of the downtown post office. I feel confidant this type service will blend well with the current "Downtown Revitalization" program and would benefit the City of Lodi and the Downtown Merchants, as well as me. Although the post office is located at the center of the "downtown hub" there are no deli's or quick "in/out" food facilities on School Street, or within a close proximity. My carte provides prompt, friendly service without sit-down provisions. This enables people the opportunity to grab a tasty lunch or snack while leaving them plenty of time to shop and run errands in the downtown area. I have talked with several of the areas merchants about locating this type of quick food service in downtown. They like the idea and agree that it has the potential to increase the foot traffic which, as a result, could increase their business. As you are aware, I have held the concessions contract at Lodi Lake for the past two years. I have all of the necessary licenses, permits and insurance to operate a food carte. My unit has been inspected and approved by all appropriate health agencies. In addition to my contract with the City Parks and Rec Dept. I also furnish concessions for the BOBS sports events, the Farmer's Market and many other local func.ions. I sincerely hope this proposal can be arranged. If you have any questions or require addition information, please let me know. Thank you for your consideration. Very t ly yours, ouis Bava Fugazi 1 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 § I (part), stand. 1987) C. No person shall park or stand any vehicle or wagon used or intended to be 10.44.070 Puking 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 fust obtaining a written perm : 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 § l D. Whenever any permit is granted (part), I987) 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 § i (part), purchaser for a period of time not to 1987) exceed ten minutes at any one place. The —00 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 stere 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 --ay 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 1.89) r SUBJECT. Request from Bone Cuisine A La Carte to Operate a Hot Dog Cart on the School Street Sidewalk Fronting the Post Office Enclosed is a copy of background information on an item that is on the City Council agenda of Wednesday. October 6, 1993, at 7:00 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street This item is on the regular calendar for Council discussion. You are welcome to aitend 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 Perrin, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Sharon Welch at (209) 333-8708. ack Ronsko ubftc orks Director JLRnrn Enclosure ; cc City Clerx✓ NrUG A231.000' CITY COUNCIL THOMAS A. PETERSON PHILLIP A. PENNINO. mayor CITY OF L O D I Ma )ACK A. SIECLOCK JENNIFER M.CRY PERRINnager Mavor Pro Tempore City Clerk RAY C. DAVENPORT CITY HALL. 221 WEST PINE STREET BOB McNATT STEPHEN J. MANN P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 City Attorney JOHN R. (Randy) SNIDER (209)334-5634 FAX (M% 33"795 September 28, 1M Mr. Ken Cantrell. President Lodi Downtown Business Association do Longs Drugstore 100 West Lodi Avenue Lodi, CA 95240 f SUBJECT. Request from Bone Cuisine A La Carte to Operate a Hot Dog Cart on the School Street Sidewalk Fronting the Post Office Enclosed is a copy of background information on an item that is on the City Council agenda of Wednesday. October 6, 1993, at 7:00 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street This item is on the regular calendar for Council discussion. You are welcome to aitend 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 Perrin, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Sharon Welch at (209) 333-8708. ack Ronsko ubftc orks Director JLRnrn Enclosure ; cc City Clerx✓ NrUG A231.000' ff you have any questions about the item itself, please can Sharon Welch at (209) 333-6706. Ja Ronsko Pubs' Works Director JLRft Endowre cc City Clerk CITY COUNCIL THOMAS A. PETERSON City manager PHILLIP A. PENNINO, Mayor CITY OF L O D I PERRIN JENNIFER M. JACK A. SIEGLOCK City Clerk Maya Pro Tempore CITY HALL 22I WEST PINE STREET RAY C. DAVENPORT BOSMcNATT STEPHEN 1. MANN P O. BOX 3006 City Attorney LODI, CALIFORNIA 95241-1910 JOHN R. (Randy) SNIDER (209) 334-5634 FAX (.109) 3336795 September 28, 1993 R&. Louis B. Fugazi Bone Cuisine A La Carte P. O. Box 290 Lodi, CA 95241 SUBJECT: Request from Bone Cuisine A La Carte to Operate a Hot Dog Cart on the S School Street Sidewalk Fronting the Post Office Enclosed is a copy of background information on an Rem that is on the City Council agenda of Wednesday, October 8. 1993, at 7:00.p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street This item is on the regular calendar for Council discusslom You are welcome to attend. It you wish to write to the City Council, please address your letter to Qty Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mad. 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 fig 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 Perrin, City Clerk. at (209) 333-6702. ff you have any questions about the item itself, please can Sharon Welch at (209) 333-6706. Ja Ronsko Pubs' Works Director JLRft Endowre cc City Clerk Mr. Les Dabr tz. Executive Director Lodi District Chamber of Commerce P. O. Box 386 Lodi, QA 95241 SUBJECT- Request from Bone Cuisine A La Carte to Operate a Hot Dog Cart on the School Street Sidewalk Fronting the Post Office Enclosed is a copy of background information on an item that is on the City Council agenda of Wednesday, October 8, 1993, at 7.00 p.m. The meeting will be held in the City CoLmd Chamber, Carnegie Forum, 305 West Fine Street. This item is on the regular calendar for Council discussion. You are welcome to attrnd. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3008, Lodi, California, 95241-1910. Be sure to allow time for the mall. 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 speakers 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 Perrin, City Clerk, at (209) 333-8702. If you have any questions about the item itself, please call Sharon Welch at (209) 333-870e. Nackonsho rks Director JL.RAm Enclosure = City Clerk CITY COUNCIL THOMAS A. PETERSON PHILLIP A. PENNINO. Mayor CITY OF L O D I City Hanauer JACK A. SIECLOCK JENNIFER M. PERRIN City Clerk City Maya Pro Tempore RAY G. OA V f NPORT CITY HALL. 221 WEST PINE STREET BOB MtNATT STEPHEN 1. MANN PA. BOX 3006 City Attorney LODI. CALIFORNIA 95241-1910 JOHN R. (Randy) SNIDER (209) 334-5634 FAX 12M 331.4"5 September 28. 1993 Mr. Les Dabr tz. Executive Director Lodi District Chamber of Commerce P. O. Box 386 Lodi, QA 95241 SUBJECT- Request from Bone Cuisine A La Carte to Operate a Hot Dog Cart on the School Street Sidewalk Fronting the Post Office Enclosed is a copy of background information on an item that is on the City Council agenda of Wednesday, October 8, 1993, at 7.00 p.m. The meeting will be held in the City CoLmd Chamber, Carnegie Forum, 305 West Fine Street. This item is on the regular calendar for Council discussion. You are welcome to attrnd. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3008, Lodi, California, 95241-1910. Be sure to allow time for the mall. 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 speakers 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 Perrin, City Clerk, at (209) 333-8702. If you have any questions about the item itself, please call Sharon Welch at (209) 333-870e. Nackonsho rks Director JL.RAm Enclosure = City Clerk