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Home My WebLink About02/25/2003 \iw CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Meeting Minutes February 25, 2003 CALL TO ORDER The meeting convened at 5:55 p.m. in Room 831 of City Hall. ATTENDANCE The following Council members were present: Lisa Bist and Alberta Christy Staff present were: Cynthia J. Nelson, Deputy City Manager/Development Services; Ben Kaufman, Chief Assistant City Attorney; Joseph Edwards, Planning Manager; Lorena Pei'laloza, Deputy City Attorney; Pat Whitaker, Housing Manager; and Lt. Anthony Levatino, Police Dept. AGENDA ITEMS 1. APPROVAL OF MINUTES - Approved by a vote of 2:0 A. October 22, 2002 Meeting Minutes B. November 26, 2002, December 24, 2002 and January 28, 2003 Meetings Cancelled 2. VENDING TRUCK ORDINANCE UPDATE ~ Ben Kaufman reviewed the work efforts to date of the city staff task force to address the issue of vending trucks in the neighborhoods. Mr. Kaufman then reviewed in detail the proposed ordinance modifications (Attachment 1). Members of the public were invited to address the Committee at this point on the various sections of the new ordinance proposal. Counciimembers Bist and Christy recommend the proposed ordinance, with the provision that vending in one location cannot exceed 90 minutes, and the vehicle must be moved not less than 500 feet between consecutive stops. Staff will also modify some of the term definitions to clarify the intent, including disallowing vending within 500 feet of a church or community center. A few other issues to address are banning sales in public alleys and unimproved public right-of-way (I.e. no curb, gutter, sidewalk). Considerable discussion followed concerning the enforcement of the violations once the ordinance is placed. It was acknowledged that there are limited staff resources, both in Police and Community Preservation, to manage the enforcement of the ordinance; however, any improvement in the situation would be helpful to the neighborhoods. It was agreed that once the final ordinance language is developed, staff will convene a meeting with the vending truck owners to advise them of the ordinance and the timing for its adoption. Staff will also attend the April Communication Linkage meeting to review the proposed ordinance. 3. SHOPPING CART DEVICES \iw Joseph Edwards provided some background information on the previous decision on how to require shopping cart devices for new retaii establishments. At this point, a project will be conditioned to include an on-site shopping cart control device if there are ~ discretionary approvals associated with the project, such as a Conditional Use Permit. In those instances where there is no discretionary approval required, staff will work with the applicant to strongly encourage them to consider installing the device. 4. PUBLIC COMMENTS Dave Lopez commented that Walmart and the SuperSaver stored have both voluntarily installed shopping cart devices. 5. COMMITTEE MEMBER COMMENTS Councilmember Bist inquired as to status of vending machine ordinance and an ordinance to address human signs. Joseph Edwards responded that the Planning Commission will consider the vending machine ordinance in April. As to human signs, City Attorney Fletcher is drafting ordinance language and providing in a memo form to the City Council shortly. 6. ITEMS FOR NEXT MEETING A. Human Signs B. Vending Machine Ordinance C. Newsracks Update 7. NEXT MEETING DATE: Tuesday, April 22, 2003 ADJOURNMENT - 7:10 p.m. ~ ~~~ Cynt ia J. Nelson Deputy City Manager Development Services S:Council CommINlce CClNICE Minutes 02-25-03 '"" Neighborhood Improvement/Code Enforcement Council Committee Minutes 2 February 25. 2003 ....... ....... '-- DRAFT VEHICULAR VENDING REGULATIONS Hours of operation. Sales from food vending vehicles shall be limited to between the hours of 9:00 a.m. to 5:00 p.m. daily. Noise Restrictions. No person shall use, play, or employ and sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from a food vending vehicle when the food vending vehicles is stationary. Prohibited conduct. (a) Vending from passenger side. No person shall vend from a food vending vehicle which is stopped, parked or standing on any public street, alley or highway: (1) When any part of the food vending vehicle is open for vending or is open to prospective customers other than on the side of the vehicle next to the right hand side of the street, alley or highway (except when lawfully parked at the left curb on a one-way street a vendor may vend to a person standing on the left parkway or sidewalk); or (2) When the prospective customer is standing or sitting in another vehicle; or (3) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic. (b) Vending near school or park. No vending from a vehicle shall be permitted within five hundred feet (500') of any school, park or playground facilities. (c) Maximum Time in Single Location. No vending from such vehicle shall be permitted for a period of time in excess of [60/90] minutes in anyone location, and said vehicle must be moved a distance of not less than [300/500] feet between consecutive stops at which vending occurs; and no vendor shall return to vend in the same block in the same day after leaving it. (d) No Vending On Collector Or Arterial Streets. No food vending vehicle shall be parked, stopped or standing on any public street, alley or highway when the posted speed limit on the public street, alley or highway is thirty-five miles per hour (35 MPH) or greater. (e) No Street Furniture On Public Parkway Or Sidewalk. No objects, including but not limited to tables, chairs, other furniture, or equipment (including but not limited to generators, propane tanks and barbeques), shall be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other site fumiture, or generators, be placed within or upon the parkway or sidewalk. Trash Receptacles and removal (a) All food vending vehicles shall be equipped with refuse containers large enough to contain all trash and refuse generated by the operation of such vehicle. (b) The operator of the food vending vehicle shall pick up all trash and refuse generated by such operation within a fifty foot (50') radius of the vehicle before such vehicle is moved. ATTACHMENT 1 1012 DRAFT ...... Enforcement Options . Primary object of enforcement should be vehicle owner rather than vendor . Rely upon ministerial vehicle permit similar to pushcart owner's permit o No background or fingerprints-registration only by VIN . Primary enforcement tool should be Administrative Citation o Graduated penalties $100.00/200.00/500.00 for each violation w/in 12 month period . Penalties could be enhanced if desired . Admin Cite law allows City to hold vehicle owner STRICTLY LIABLE for vendor violations . Add permit suspension/revocation process as supplemental or altemative remedy o Borrow procedures adopted for sidewalk pushcart permit suspension . Notice to permit holder and option for hearing before hearing officer- review by City Council . If sustained, vehicle permit may be suspended for up to 1 year. . Vehicles may be impounded or "redtagged" as means of abating a public nuisance o Use rotational tow rules and procedures "-" 0 May have to compensate for spoiled inventory (same issue as sidewalk vendors) Criminal sanctions as well as admin cites are also options for recalcitrant individual vendors \w ATTACHMENT 1 10f2