HomeMy WebLinkAbout08/04/2016
B A K E R S F I E L D
Staff: Committee members:
Christopher Gerry, Administrative Analyst Jacquie Sullivan, Chair
Willie Rivera
Bob Smith
REGULAR MEETING OF THE
COMMUNITY SERVICES COMMITTEE
of the City Council - City of Bakersfield
Thursday, August 4, 2016
12:00 p.m.
City Hall North
1600 Truxtun Avenue, Bakersfield, CA 93301
First Floor, Conference Room A
AGENDA
1. ROLL CALL
2. ADOPT APRIL 7, 2016 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Mobile Food Vendors – Blaschke / Iger
B. Westside Parkway Artwork Update – Blaschke
5. NEW BUSINESS
A. Bakersfield Animal Care Center Policies and Procedures – West / Iger
6. COMMITTEE COMMENTS
7. ADJOURNMENT
B A K E R S F I E L D
Committee Members:
Chris Gerry, Administrative Analyst Jacquie Sullivan, Chair
Bob Smith
Willie Rivera
AGENDA SUMMARY REPORT
SPECIAL MEETING OF THE
COMMUNITY SERVICES COMMITTEE MEETING
Thursday, April 7, 2016
12:00 p.m.
City Hall North
First Floor - Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
The meeting was called to order at 12:04 p.m.
1. ROLL CALL
Committee Members Present:
Councilmember Jacquie Sullivan, Chair
Councilmember Bob Smith
Committee Members Absent:
Councilmember Willie Rivera
Staff Present:
Alan Tandy, City Manager
Steven Teglia and Chris Huot, Assistant City Managers
Christopher Gerry, Administrative Analyst
Caleb Blaschke, Management Assistant
Virginia Gennaro, City Attorney
Richard Iger, Deputy City Attorney
Viridiana Gallardo-King, Associate Attorney
Nelson Smith, Finance Director
Tessa Andrews, City Treasurer
Drew Sharples, Financial Investigator
Dianne Hoover, Recreation and Parks Director
Darin Budak, Assistant Recreation and Parks Director
Doug McIsaac, Community Development Director
Jacqui Kitchen, Planning Director
s: Chris Gerry
Community Services Committee Meeting
Agenda Summary Report
Thursday, April 7, 2016
Page 2
Hayward Cox, Associate Planner
Phil Burns, Building Director
Dennis West, Bakersfield Police Lieutenant
Keitha Turner, Administrative Assistant, Mayor’s Office
Others Present:
Members of the Downtown Business Development Corporation
Members of the Downtown Business Association
Members of the Public
Members of the Media
2. ADOPT APRIL 2, 2015 AGENDA SUMMARY REPORT
The report was adopted as submitted.
3. PUBLIC STATEMENTS
None.
4. NEW BUSINESS
A. Mobile Food Vendors – Blaschke/Iger
Management Assistant, Caleb Blaschke, stated that on March 30, 2016, the City
Council received a letter from the Downtown Business Development Corporation
requesting a review of the City’s mobile food vendor policies and consider
revising it to reflect current trends. The item was referred to the Community
Services Committee for further review.
Mr. Blaschke stated that City staff conducted a survey of 13 California cities to
identify the best practices for regulating mobile food vendors. He summarized
the results of the survey via PowerPoint presentation.
Deputy City Attorney, Richard Iger, stated various complaints have been
received regarding hybrid food trucks and push cart vendors operating in
neighborhoods located near schools and parks. The existing regulations do not
directly apply to mobile food trucks.
City Attorney, Virginia Gennaro, stated a legal difference exists in regulating
businesses on private properties relative to public properties. The existing policy
regulates sidewalk pushcart food vendors, ice cream vendors, and transient
outdoor businesses, but nothing directly applicable to mobile food trucks.
Committee Chair Sullivan asked how long ago was a review conducted on the
existing policy. Ms. Gennaro stated she could not recall conducting an in-depth
analysis of the existing policy.
Community Services Committee Meeting
Agenda Summary Report
Thursday, April 7, 2016
Page 3
Kevin Bartle with the Downtown Business Association stated that mobile food
trucks play a role in creating a vibrant downtown by generating substantial
pedestrian business. The policy should facilitate the co-existence of mobile food
trucks and brick and mortar restaurants.
Jerry Baronovski, a brick and mortar downtown business owner, stated that the
policy should provide a clear definition of a mobile food vendor, and designate
areas and hours of operation for such vendors. He stated that when vendors
park in front of brick and mortar restaurants, it impacts the day-to-day operations
and profits of restaurants.
Committee Member Smith asked if any of the research suggests that food trucks
impact brick and mortar restaurants; how many food trucks can be stationed in
a private parking lot at a time; and are trash issues exist due to the presence of
mobile food vendors.
Mr. Blaschke stated that his research did not display any impacts to brick and
mortar restaurants. Conversely, research indicated that many brick and mortar
restaurants had an increase in revenue due to more pedestrian activity due to
the presence of mobile food trucks. Also, research indicated nearly all
jurisdictions required food trucks to have trash bins located outside their trucks
and that they pick-up trash within a certain distance before leaving the site.
Planning Director, Jacqui Kitchen, stated that the existing policy allows for one
food truck to be parked on a private parcel, which must have an existing brick
and mortar business and a paved parking lot. A food truck cannot be parked on
a vacant lot. Ms. Kitchen stated that the intent of the existing policy is to
promote the future improvements on parcels and reduce incidents of
competition with other brick and mortar businesses. City Manager, Alan Tandy,
added that the current policy predates current practices and was written for
different circumstances.
Committee Member Smith stated he is in favor of updating the policy and is not
in favor of restricting the expansion of food trucks.
Committee Chair Sullivan asked when the existing policy was written and stated
any new policy should provide equal protection to brick and mortar businesses
and mobile food vendors. Ms. Gennaro stated a variety of sections exist and a
few have had only modest changes.
Cathy Butler with the Downtown Business Association stated that many issues
with mobile food truck vendors exist and is happy to see that the Community
Services Committee will address the existing policy.
Community Services Committee Meeting
Agenda Summary Report
Thursday, April 7, 2016
Page 4
Committee Chair Sullivan requested City staff to draft an ordinance pertaining to
mobile food vendors and subsequently present it to the Community Services
Committee at a later meeting. Committee Member Smith requested City staff to
review and reference the City of Los Angeles policy as well.
Mr. Bartle inquired if there is any policy regulating mobile food vendors at parks.
Recreation and Parks Director, Dianne Hoover, stated a policy exists and vendors
are required to obtain special permits.
B. Adoption of the 2016 Committee Meeting Schedule – Gerry
The 2016 Committee Meeting Schedule was adopted as submitted.
5. COMMITTEE COMMENTS
None.
6. ADJOURNMENT
The meeting adjourned at 1:03 p.m.
cc: Honorable Mayor and Council
M E M O R A N D U M
CITY ATTORNEY’S OFFICE
August 4, 2016
TO: COMMUNITY SERVICES COMMITTEE
Jacquie Sullivan, Chair
Bob Smith
Willie Rivera
FROM: VIRIDIANA GALLARDO-KING, ASSOCIATE CITY ATTORNEY
SUBJECT: FOOD VENDING VEHICLE ORDINANCE
BACKGROUND:
On April 7, 2016, the Community Services Committee (Committee) met to discuss
the existing regulations and best practices related to food vending vehicles.
At the request of the Committee, the City Attorney was asked to draft a food
vending vehicle ordinance based on best practices, while keeping in mind the
proximity to brick and mortar restaurants and vendor hours of operations.
The City Attorney’s Office drafted the attached ordinance according to the
direction of the Committee. The draft ordinance allows food vending vehicles to
operate in regional commercial zones (i.e., zones designated for concentrated
large-scale retail operations), while following specific hours of operations and
keeping a distance of at least 200 feet from buildings that are primarily used as
residential. Also, the draft ordinance allows food vending vehicles on private
properties so long as the vendors have written permission from the property owners
and follows all general requirements of the ordinance itself. In addition, property
owners can request to have multiple food vending vehicles on their properties, so
long as they have approval from the Board of Zoning Adjustment.
CONCLUSION:
The City Attorney’s Office will provide a presentation of the draft ordinance at the
Committee meeting and City staff will be available to answer questions.
ATTACHMENT:
A. Draft Ordinance
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ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING
CHAPTER 5.66 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO FOOD VENDING VEHICLES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.66 of the Bakersfield Municipal Code is hereby enacted to read
as follows:
Chapter 5.66 Food Vending Vehicles
Sections:
5.66.010 Definitions.
5.66.020 Permits Required.
5.66.030 Application.
5.66.040 Application Approval, Denial, and Revocation.
5.66.050 General Food Vending Vehicle Requirements.
5.66.060 Food Vending Vehicle Requirements in the Public Right-of-Way.
5.66.070 Food Vending Vehicle Requirements on Private Property.
5.66.080 Appeal of a Permit Denial or Revocation.
5.66.010 Definitions.
“Food Vending Vehicle” includes any vehicle from which any type of
food or beverage is sold or offered for sale directly to any consumer; provided,
however, that “Food Vending Vehicle” does not include a vehicle that only
delivers food or beverage products ordered by home delivery customers and
ice cream trucks as permitted under Chapter 8.16.
5.66.020 Permits Required.
All Food Vending Vehicle operators shall comply with the following
requirements:
1. Maintain a valid Food Vending Vehicle permit from the City of
Bakersfield;
2. Maintain a valid business tax certificate from the City of Bakersfield;
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3. Maintain a valid permit from the County of Kern through its Public
Health Services Department and operation in conformance with all applicable
health standards.
5.66.030 Application.
A. All Food Vending Vehicle operators shall submit a complete
application for a Food Vending Vehicle permit on forms approved by the
Finance Director or designee and shall be signed under penalty of perjury by the
applicant.
B. The applicant shall deliver with the completed application form the
appropriate fee as set forth in Chapter 3.70 and as amended from time to time;
1. Food Vending Vehicles intending to operate on private property:
A. Must attach to the application for permit a plot plan drawn to
scale, showing the location of utilities, improved parking
areas, location of permanent and temporary structures, curb
cut and/or driveways and identifying the nearest available
source of potable water, sanitary facilities and fire hydrants
that the Food Vending Vehicle has permission to use;
B. Written authorization signed and dated by the current
property owner regarding the location of the Food Vending
Vehicle business on the owner’s property;
C. Copy of approved conditional use permit if applicable.
5.66.040 Application Approval, Denial, and Revocation.
A. The Finance Director or designee shall approve or deny an application
within 60 days of receipt;
B. The Finance Director or designee may deny or revoke a Food Vending
Vehicle permit whenever it is determined that the applicant does not
meet any of the following requirements:
1. That misrepresentations were made on the application;
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2. That the business owner or any manager of the Food Vending
Vehicle business has been convicted of a crime substantially
related to the qualifications, functions, or duties of the Food
Vending Vehicle business for which application is made, unless
he or she has obtained a certificate of rehabilitation;
3. That the business owner or any manager of the Food Vending
Vehicle has done any act involving dishonesty, fraud or deceit
with the intent to substantially benefit him or herself or another,
or substantially injure another;
4. That any of the terms or conditions of the permit or regulations
under this chapter have been violated, or that the Food
Vending Vehicle business has been operated in violation of local
ordinance, state or federal law;
5. That the Food Vending Vehicle business is interfering with the
peace and quiet of the neighborhood;
6. That the safety of persons or real or personal property requires
such revocation;
7. That due to circumstances changing during the life of the
permit, one or more of the conditions for issuance of a permit
under Chapter 5.66 is not being satisfied;
8. That the property owner transferred or assigned his, her or its
interest in the property.
5.66.050 General Food Vending Vehicle Requirements.
A. Posting, in public view and without obstruction, on the back upper
left side of the vehicle, the following items:
1. A valid permit certification and valid permit sticker from the
County of Kern’s Public Health Services Department; and
2. A City Code Enforcement sticker that provides a phone number
to report violations;
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B. No sale to persons in vehicles;
C. No amplified sound or loudspeakers, and compliance with the noise
limits in Chapter 9.22;
D. No lighting, except localized lighting that is used on or in the Food
Vending Vehicles for the purpose of inside food preparation and menu
illumination;
E. No signs other than those exhibited on or in the Food Vending
Vehicle;
F. No selling or serving alcohol;
G. Provide at least one trash receptacle and one recycling receptacle
for use by patrons within 20 feet and in a convenient location that does not
impede pedestrian or vehicular traffic;
H. Upon vacating the site, must collect and remove the
aforementioned trash receptacle and all litter and debris generated within a
minimum 50-foot radius of the Food Vending Vehicle;
I. Containment of all associated equipment and operations within the
Food Vending Vehicle, notwithstanding trash receptacles;
J. No person shall discharge or cause to be discharged to a public
sewer, any waste as defined in Section 14.12.220 (B) which directly or indirectly
connects to the City’s sewerage systems;
K. Food Vending Vehicles shall be a permitted use in the following
Zone Districts: C-2 (Regional Commercial), C-B (Central Business), M-1 (Light
Manufacturing), M-2 (General Manufacturing) and where permitted by Section
5.66.070(I). Operation in any other Zone District, or operation of Multiple Food
Vehicles pursuant to 5.66.070(F), shall require approval of a Conditional Use
Permit in accordance to the process established by Chapter 17.64.;
L. Food Vending Vehicles must park at least (30-100) feet away from a
brick and mortar restaurant and at least 200 feet away from the following Zone
Districts: R-1 (One-Family Dwelling), R-2 (Limited Multiple-Family Dwelling), R-3
(Multiple-Family Dwelling), R-S (Residential Suburban) and PUD (Planned Unit
Development), unless operating in accordance with state law and with Section
5.66.070(I) or pursuant to a Conditional Use Permit;
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M. Food Vending Vehicles must park at least 300 feet away from the
exterior boundary of property used and occupied by any public playground or
park maintained and operated by the City, or other public corporation;
N. No obstruction or interference with the free flow of pedestrian or
vehicular traffic, including but not limited to access to or from any business,
public building, or dwelling unit;
O. No restriction of visibility area sight distance at any driveway or
intersection;
P. Maintain liability insurance policy of at least $1,000,000 that names
the City as an additional insured;
Q. Shall permit law enforcement officers to inspect the premises of the
Food Vending Vehicle business for purposes of ensuring compliance with the
law at any time the vehicle is open for business. Such inspections shall be
conducted in a reasonable manner and shall be as frequent as necessary;
R. Hours of operation shall be between 6:00 a.m. and 10:00 p.m. from
Monday through Saturday and between 6:00 a.m. and 8:00 p.m. on Sunday,
except in the Central Business Zone (C-B) where hours of operation shall be
between 6:00a.m. and 1:00a.m. from Monday through Sunday.
5.66.060 Food Vending Vehicle Requirements in the Public Right-of-Way.
In addition to 5.66.050, Food Vending Vehicle operators shall comply with
the following requirements:
A. All operators shall comply with current City and California Vehicle
Code parking requirements and park parallel to the curb before
serving any customers;
B. Notwithstanding the trash receptacles, no tables, chairs, furniture,
umbrellas, generators, objects or structures shall be permitted outside
of the Food Vending Vehicle, except where authorized on private
property subject to 5.66.070;
C. Food Vending Vehicles shall not operate in the public right-of-way
within 500 feet from any school, between 7:00 a.m. and 4:00 p.m. on
regular school days;
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D. Food Vending Vehicles shall not encroach onto a public sidewalk with
any part of the vehicle or any other equipment or furniture related to
the operation of the business, except for the required trash and
recycling receptacles or any attached sign or awning. The operator
shall provide an 8-foot vertical clearance for pedestrian access under
the sign or awning;
E. Food Vending Vehicles shall not operate in the public right-of-way
within 500 feet of a permitted Special Event on public property while
such event is in progress unless the Food Vending Vehicle has either (i)
written authorization from the Event Organizer or (ii) a Special Event
Permit as defined in Chapter 10.69.
5.66.070 Food Vending Vehicle Requirements on Private Property.
In addition to 5.66.050, Food Vending Vehicle operators on private
property and property owners shall comply with the following:
A. Maintain a copy of the property owner’s written approval allowing
the Food Vending Vehicle operator to use their property for food vending;
B. Maintain a copy of the approved plot plan in the vehicle;
C. Operate within a paved, level parking area, where it can be
demonstrated that any off-street parking spaces located in that area are not
otherwise reserved, encumbered, or designated to satisfy the off-street parking
requirement of a business or activity that is operating at the same time as the
food vending vehicle;
D. A Food Vending Vehicle may set up a maximum of 4 tables with
shade structures and a maximum seating of 16 people, all of which must be
removed daily at the close of business;
E. A Food Vending Vehicle and associated equipment shall occupy a
maximum area of 3 standard parking stalls or 500 square feet, whichever is less;
F. One Food Vending Vehicle shall be permitted on private property
at any given time, with the following exceptions:
1. More than one Food Vending Vehicle may operate on private
property in the Central Business Zone (C-B);
2. More than one Food Vending Vehicle may operate on private
property in other Zone Districts subject to adherence to all other
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regulations of 5.66 and approval of a conditional use permit per
the process established by Chapter 17.64.
G. A maximum of one Food Vending Vehicle shall be parked on each
legal parcel overnight;
H. Operations shall not impede pedestrian or vehicular ingress or
egress through the remainder of the parking area or adjacent public right-of-
way;
I. The following types of Food Vending Vehicle operations are not
limited by zoning restrictions:
1. Operations on the property of a school, university, hospital, or
religious facility with the written consent of the property owner and an
applicable permit from the City;
2. Operations in City parks with the written consent of the Recreation
and Parks Director or designee;
3. Private catering events that comply with the following requirements:
i. The Food Vending Vehicle is parked entirely on private property;
ii. Service is limited to private guests of the catering host; and
iii. Payment occurs directly between the catering event host and
the Food Vending Vehicle operator. No payment transactions
shall occur for individual orders.
4. Construction sites that comply with the following requirements:
i. The site is actively under construction pursuant to a valid building
permit or grading permit; and
ii. The Food Vending Vehicle does not vend to the general public.
5.66.080 Appeal of a Permit Denial or Revocation.
A. Should an applicant be denied a permit or if a business owner’s
Food Vending Vehicle permit is revoked, then said person may, no later than
ten days after notice of such decision is deposited in the United States mail,
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addressed to the business owner at the address provided on the application,
make written objection to the City Manager setting forth the grounds for
dissatisfaction, whereupon the City Manager or designee shall hear such
objections at a scheduled hearing;
B. The applicant/Food Vending Vehicle business owner shall be given
written notice no less than fifteen days prior to such hearing. The City Manager
or designee may, upon such hearing, sustain, suspend or overrule the decision
of the Finance Director or designee, which decision shall be final and
conclusive;
C. Pending the hearing, the decision of the Finance Director or
designee shall remain in full force and effect and any reversal thereof by the
City Manager shall not be retroactive but shall take effect as of the date of the
City Manager or designee’s decision. (Ord. 4216 § 1, 2004; Ord. 3916, 1999; Ord.
3806 § 1, 1997).
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
-------oo0oo--------
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
___________________________ by the following vote:
AYES: COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: _______________________________________________________________
ABSTAIN: COUNCILMEMBER: _______________________________________________________________
ABSENT: COUNCILMEMBER: _______________________________________________________________
__________________________________________
ROBERTA GAFFORD, CMC
CITY CLERK and EX OFFICIO Clerk of the
Council of the City of Bakersfield
APPROVED:
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By:____________________________
HARVEY L. HALL, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
VIRIDIANA GALLARDO-KING
Associate City Attorney
VGK/vlg
OFFICE OF THE CITY MANAGER
MEMORANDUM
August 4, 2016
TO: Community Services Committee
Jacquie Sullivan, Chair
Willie Rivera
Bob Smith
FROM: Caleb Blaschke, Management Assistant
SUBJECT: Placement of Artwork on the Westside Parkway
Councilmember Smith requested that the Community Services Committee discuss
the concept of creating artwork along the Westside Parkway.
BACKGROUND
On March 19, 2014, Councilmember Smith requested that the Community
Services Committee discuss the concept of creating artwork along the Westside
Parkway (Parkway). Please note the City currently has right of ownership and
maintains the Parkway. Ultimately, the City will transfer ownership to Caltrans
and it will become the realigned Highway 58.
City staff subsequently met with Brad Cole, Caltrans Central Region Senior
Landscape Architect, to determine potential sites for artwork along the
Parkway. Most of the recommended locations are near freeway on-and-off
ramps and are 35 feet or more from roadways. Please see the excerpts from
Caltrans’ Project Development Procedures Manual that addresses standards for
roadway artwork (Attachment A).
At Council’s direction, City staff created a website and brochure displaying the
types of artwork that could be placed along the Westside Parkway to garner
public support and obtain sponsorships to fund the artwork. To date, City staff
has not received interest from the community with exception of the Bakersfield
Museum of Art (BMA).
Westside Parkway Artwork
August 4, 2016
Page 2
As part of the “Driven By Art” campaign, BMA recently approached the City
with an opportunity to place fiberglass-painted trucks along the Parkway
(Attachment B). The BMA anticipates placing 33 trucks throughout Downtown
Bakersfield from September through February; afterwards, the trucks are
returned to their sponsors. However, 13 sponsors have donated their trucks to the
City to beautify the Parkway.
City staff and Caltrans have reviewed possible locations and recommend the
trucks be placed near Calloway Drive. The recommended placement allows
motorists and pedestrians to safely view the trucks. The proposed areas of
artwork would include drought tolerant plants and hardscape that accentuate
the trucks. Landscaping will be determined by future funding as well as Caltrans
design standards.
ATTACHMENTS
A. Excerpts from Caltrans’ Project Development Procedures Manual
B. Fiberglass-painted Truck Photos
Attachment A
Excerpts from Caltrans’ Project Development Procedures Manual
Placing artwork on California highways is governed by Caltrans. Below are
excerpts from Caltrans’ Project Development Procedures Manual that address
roadway artwork.
Artwork may include graphics or sculptures, either free-standing or placed
on required engineering features (e.g., noise barriers, retaining walls,
bridges, bridge abutments, bridge rails, and slope paving) that express
something special about a community’s history resources or character;
Artwork must be provided and maintained by the permittee;
Caltrans facilitates and coordinates the placement of artwork;
Caltrans assumes administrative costs to review artwork proposals, and
issues and monitors encroachment permits for approved artwork projects;
o All other costs (e.g., engineering, construction, and maintenance) is
the responsibility of the permittee;
Caltrans may require the permittee to provide bonds or other means to
ensure maintenance, rehabilitation, and/or removal of the artwork;
Artwork proposals must be submitted for review to Caltrans’ District
Transportation Art Coordinator; and
Caltrans has sole responsibility for approval of the artwork.
Attachment B
Fiberglass-painted Truck Photos
Documents
Presented At
Community Serivces
August 4, 2016
Meeting
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