HomeMy WebLinkAbout09-27-05
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CITY COUNCIL COMMITTEE ON
NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT
Meeting Minutes
September 27,2005
CALL TO ORDER
The meeting was called to order at 6:15 p.m. in the Council Chambers, 22 Civic Center
Plaza, Santa Ana.
ATTENDANCE
The following Councilmembers were present: Lisa Bist, Alberta Christy and Carlos
Bustamante
Staff present were: Dave Ream, City Manager; Steve Harding, Deputy City
Manager/Development Services; Joe Fletcher, City Attorney; Jay Trevino, Executive
Director/Planning and Building Agency; Paul Walters, Police Chief; Ben Kaufman, Chief
Assistant City Attorney; Kenneth Adams, Assistant Director/PBA; and Estella Rodarte,
Senior Community Preservation Inspector.
AGENDA ITEMS
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1.
APPROVAL OF MINUTES - AUGUST 23, 2005 MEETING
Approved by a vote of 3:0
2. MOBILE VENDING ORDINANCE DISCUSSION
Steve Harding provided an overview of the history of the development of the entire
mobile vending ordinance. He summarized the number of activities, meetings and
community discussions that have taken place to date. He also provided an overview
of the ordinance. Committee Chair Bist recommended that the committee address
the issues of the mobile vending regulations in the order as presented in the "Survey
of Vending Regulations - September 2005". The committee agreed to discuss each
item separately and as recommended. The following is a summary of each of issues
and a recommended action as agreed upon by the committee. .
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. Hours of Ooeration
The committee reviewed the hours of operation as recommended and
determined that the proposed hours from 9:00 a.m. to 8:00 p.m. was fairly
consistent with the hours permitted within most of the surveyed jurisdictions. The
committee was not inclined to lengthen the time per day that vendors could
operate. The committee suggested it was appropriate to that the stationary
vendor's hours be consistent with both the transient vendors (I.e. ice cream
trucks) and push cart vendors.
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Recommended Action: Leave hours of operation (9:00 a.m. to 8:00 p.m.) as
proposed. Request that staff prepare separate legislation to impose the same
hours of operation on transient vendors.
. Time Limitations (Transient vendors onlvl
The committee discussed the possibility of reducing the proposed 90 minute time
limit to a number (10 minutes) consistent with our immediate surrounding
municipalities. The City Attorney noted the 90 minute figure had gone through a
significant judicial review during the litigation of the Fullerton trial case and he felt
that it would likely withstand all legal challenges.
Recommended Action: Leave the 90 minute time limitations as proposed.
. Distance Limits between Schools and Parks
Discussion among committee members was concise. Protection of the children
and other pedestrians was paramount.
Recommended Action: Leave the distance limits between schools and parks as
proposed.
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. Distance (or seoarationl Limits between Units
Considerable discussion focused around increasing the separation distance from
100 feet. The City Attorney advised that separation standards are designed to
maintain traffic flow of the proposed streets in which mobile vendors might be
stationed. He noted the committee should make a determination of the proper
standard based upon the best interests served from a government health and
safety viewpoint.
Recommended Action: Increase the distance separation requirements from 100
feet to 200 feet.
. Maanetic Sians
Committee member Bustamante suggested that if the vendor trucks were
required to return to a commissary at night where vandalism would be minimized,
he would be willing to postpone the implementation of the magnetic sign
program.
Recommended Action: The committee recommended deferring the magnetic
sign requirement. The committee also stated that the sign requirement may be
imposed upon a chronic vendor violator, whose truck is unsightly or painted with
graffiti.
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Neighborhood ImprovemenUCode
Enforcement Council Committee Minutes
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September 27. 2005
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. Vendor Costs
Steve Harding provided an overview of the cost components of mobile vending
program as presented by staff. He identified the costs associated with the
hardscape improvements ($2,030 per permanent space for physical
improvements to the property) and the administrative fee associated the program
(a maximum of approximately $614).
The committee discussed each of the components of the costs and various cost
consequences of different alternatives.
Recommended Action: The committee recommended the hardscape
improvement cost of $2,030 be adopted and amortized over a five year period.
The committee would endorse an administrative fee of $614 per annum for
staffing and permit costs. The committee acknowledged that the fees will be
adopted by separate ordinance and resolution at a future City Council meeting.
. Site Selection
A detailed discussion ensued regarding the number (150) of fixed sites as
proposed by staff. The focal point of the discussion was whether the proposed
number was too high or too low. Staff provided information as to the
methodology used to determine its recommendation of 150.
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The committee also discussed obtaining adjacent property owner input regarding
approved locations. Subsequent discussion focused on whether any sites should
be located in "existing or proposed designated parking districts". The last
discussion points focused on the alternative site selection processes, including
but not limited to:
o Seniority system
o First come, first served basis
o Full lottery
o Truncated lottery (by quadrants or districts)
o Reverse lottery with priority site locations where each vendor
would identify their top three site locations
Recommended Action: The committee recommended accepting the proposed
150 sites and permit the council to adjust the number as necessary. The
committee determined that it was appropriate to seek input from impacted
property owners in terms of locating permanent mobile vending stations. The
committee agreed that no sites be located in existing or proposed designated
parking districts. The committee also recommended that a reverse lottery with
proposed priority site locations be implemented as method used to allocate
permanent sites throughout the community.
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Neighborl100d ImprovemenUCode
Enforcement Council Committee Minutes
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Sepre.nber27,2005
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3.
PUBLIC COMMENTS
The neighborhood association representatives noted they would like to work with the
vendors association to ensure that professional business practices are applied to the
mobile vending industry.
4. COMMITTEE MEMBER COMMENTS - None
5. ITEMS FOR NEXT MEETING - None
6. NEXT MEETING DATE: Tuesday, October 25,2005
ADJOURNMENT - 8:52 P.M.
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Kenneth Adams
Assistant Director
Planning & Building Agency
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S:Council Comm/NICE CClNICE Minutes 09-27..()5
Neighborhood ImprovemenUCode
Enforcement Council Committee Minutes
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September 27. 2005