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HomeMy WebLinkAbout03/30/1992 B A K E R S F I E L D Ken Peterson, Chair Kevin McDermott Patricia M. Smith Staff: Jack Hardisty AGENDA URBAN DEVELOPMENT COMMITYEE Monday, March 30, 1992 12:00 noon City Manager's Conference Room 1. 12:15 p.m. Congestion Management Plan John Hendrickson, City Manager, Wasco 2. 12:35 p.m. URM Buildings 3. 1:00 p.m. GET Representative Howard Silver 4. Pushcart Food Vendors 5. Set Next Meeting ! J AI, I 1 0"'t997. '¥ORKS DEPARTMENT of Governments S~ua_,T 6, 1992 · JAi,;07 TO: City Marmgers, and Kern County Administrative Officer CITY MANAGER'S OFFICE FROM: Rona~d E. Bnmunett,_~./..,//~ , .. .. '- Executive Director SUBJECT: AMENDMENT NO. 2 TO THE KERN CONGESTION MANAGEMENT AGENCY RESOLUTION ~ At the December 1991 meeting of the Kern Council of Governments (Kern COG), the Council approved, in concept, an alternative weighted voting system. Submittal to member agencies for approval was also authorized. A draft resolution is attached. Government Gode Sections 65088 and 65089 require that every county that includes an urbanized area shall designate a Gongestion Management Agency. The Congestion Management Agency (CMA) for Kern County was created at the April 1991 meeting. The GMA was to function under the framework of Kern COG. In June 1991, the CMA designated a technical committee to assist in the development of the Congestion Management Program (CMP). The QVlP technical committee consists of staff representatives fi.om each of the eleven cides, Kern County and the Golden Empire Transit District. The 1991 Kern Congestion Management Program was adopted at the November 1991 meeting of the Kern Council of Governments. During the designation process, the city of Bakersfield requested a review of the CiviA . weighted voting system. The Kern COG Chairman appointed a committee to review the membership and voting of the CMA. This committee consisted of representatives from the cities of Bakersfield, Ridgecrest, Wasco and Tehachapi, and Kern County. The CMA Committee presented an alternative voting system that is shown in the attached draft resolution. The proposed voting system is similar to the process identified in the law to designate the CMA which requires the county of Kern and a majority of the cities representing a majority of the population of the cities. Karo Council of Govemment~ 1401 19th St., Suite 200, Bakemfielcl, CA 93301 (805) 861-2191 FAX (805) 324-8215 All City Managers, and ~.. Kern County Admires' trative Officer January 6, 1992 Page 2 Using the proposed process, approval actions (including a quorum), would require a positive vote by the re?resentatives of the following: A) Kern County, and B) City of Bakersfield, and C) Six (6) of the eleven (11) agendes listed. There are three ways for an action to fail (including not having a quorum). They are as follows: ' 1. A no vote by the Kern County representative, or 2. A no vote by the City of Bakersfield representative, or 3. No votes by six (6) of the eleven (11) agencies listed. 'The CMA Committee felt that this voting structure would require discussion among the involved agencies and would lead to improved communications between member agencies. The resolution to revise the CMA voting process must be approved by the policy board of the member agencies. This will be presented to the Kern Council of Governments at the February 20th meeting. a~achraent RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 212-91 DESIGNATING THE KERN CONGESTION MANAGEMENT AGENCY. WHEREAS, Government Code Sections 65088 and 65089 require that every county that includes an urbanized area shall designate a Congestion Management Agency; and WHEREAS, the Congestion Management Agency is required to develop a Congestion Management Program that identifies an integrated approach to making transportation programming decisions; and WHEREAS, a county with an urbanized area is required to develop a Congestion Management PrOgram that includes every city and the county; and WHEREAS, the City Council adopted Resolution No. 212-91 on October 23, 1991, in which the Kern Council of Governments was designated the .Kern Congestion Management. Agency with membership and weighted voting as follows: The Agency Board of Directors shall be composed of the Kern Council of Governments.' Board of Directors with the following weighted vote: 1. Kern County Representatives (2) 40% 2. City of Bakersfield Representatives (1) 20% 3. Other City Representatives (10) 40% (4% per city-total of 40%) TOTAL 100%; and WHEREAS, on October 23, 1991, the City of Bakersfield requested that the voting structure of the Kern Congestion Management Agency be reviewed; and WHEREAS, the chairman appointed a committee consisting of representatives from the cities of'Bakersfield, Ridgecrest, Wasco and Tehachapi and Kern County to review the membership and voting. of the Kern Congestion Management Agency; and WHEREAS, the Committee has recommended a change in the membership and voting of the Kern Congestion Management Agency. -1- NOW, THEREFORE, IT IS RESOLVED AND ORDERED by the Council of the'City of Bakersfield, that the membership and the weighted voting set forth in Resolution No. 212-91 be amended as follows: The Kern Congestion Management Agency Board of Directors shall be composed of the Board of Directors of the Kern Council of Governments and a representative of the Golden Empire Transit District with a positive vote required by all of the following, or A.. County of Kern, and B. City of Bakersfield, and C. Any six of the following agencieS: 1. City of Arvin 2. City of California City 3. City of Delano 4.. City of Maricopa 5. City of McFarland 6. City of Ridgecrest 7. City of Shafter 8. City of Taft 9. City of Tehachapi 10. City of Wasco 11. Golden Empire Transit District o0o -2- I HEREBY CERTIFY thatthe foregoing resolution was passed and adopted by the Council of the City of.Bakersfield at a regular meeting thereof held on following vote: , by the CITY CLERK and Ex Off~cio Clerk of the Council of the city of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED AS TO FORM: CITY ATTORNEY of the City of Bakersfield 01/27/92 -3- RESOLUTION NO. 38-91 A RESOLUTION DESIGNATING THE KERN CONGESTION MANAGEMENT AGENCY FOR KERN COUNTY. WHEREAS, Government Codes-Sections 65088 and 65089 require that every county that includes an urbanized area, shall designate a Congestion Management Agency; and WHEREAS, the Congestion Management Agency is required to develop a Congestion Management Program that identifies an integrated approach to. making transportation programming decisions; and W~EREAS, a county with an urbanized area is required to develop a Congestion Management Program that includes every city and the county; and WHEREAS, the Congestion Management Agency is required to develop a uniform data base on traffic impacts for use in a countywide transportation computer model and all models are to be consistent with the methodology and data base used by the Regional Transportation Planning Agency; and WHEREAS, the Kern Council of Governments (Kern COG) is the Regional Transportation Planning AgencY for Kern County and maintains a traffic impacts data base and countywide transportation computer model; and WHEREAS, the Congestion Management Program is to be consistent with the Regional Transportation Plan and used to develop the Regional Transportation Improvement Program; and WHEREAS, the Kern Council of Governments develops the Regional Transportation Plan and the Regional Transportation Improvement Program for Kern County. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The Congestion Management Agency Board of Directors shall be composed of the Kern Council of Governments' Board of Directors with the following weighted vote: a. Kern County Representatives (2) 40% b. City of Bakersfield Representative (1) 20% c. Other City Representatives (4% per city-total of 40%) (10) 40% TOTAL 100% 2. The Secretary to the Kern Congestion Management Agency shall be the Executive Director to the Kern Council of Governments. 3. Upon acceptance and recommendation by the Congestion Management Agency, the Congestion Management Program shall be adopted by the County Board of Supervisors and the city council of a majority of the c~ties representing a majority of the population in the incorporated area of the County. 4. Kern Congestion Management Agency meetings shall be held in comjunct£on with Kern Council of Governments' meetings. 5. The Congestion Management Agency ~hall cease to exist on December 31, 1991. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by'the Council of the City of Bakersfield at a regular meeting thereof held on MAR 2 ? 1991 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS:~OeMOND. SMITH. BRUNNI. PETERSON, McDERMOTt, SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNClLMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROV~/~ MAR 2 T 1991 I~YOR of the City of Bakersfield APPROVED as to form: R-PW91 · 2 -2 .... CITY OF BAKERSFIELD URBAN DEVELOPMENT COMMITTEE APRIL 8, 1992 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS SUBJECT: PUSHCART FOOD VENDORS On March 30, ~1992, the Urban Development Committee concluded discussions of the Pushcart Food Vendor ordinance. The current ordinance was adopted in June 1989. It was anexception to an'ordinance that strictly prohibited the use of sidewalks for business purposes. It was thought that pushCarts would add some color and commerce to the downtown area although the ordinance allows such activity on all City sidewalks that meet the permit criteria. The Committee first discussed the ordinance in August 1991 when there was a difference in ordinance language and the intended manner in which distance was measured in determining vendor locations from a permanent business dispensing food. Staff drafted an ordinance that addressed the problems of location, insurance, cart size, and the use of tables and chairs around them. However, as the committee Worked on the draft ordinance additional issues emerged which cause serious concern over the continued use of public sidewalks for food vending. They are: 1. There have been complaints from permanent business and complaints from vendors complaining about other vendors. These are .increasing. 2. Vendors do not operate pushcarts; instead portable hotdog carts, whiCh are.towed to sites, are operated. The intended ambiance doWntown never developed. 3. Pushcart regulation takes an inordinant amount of staff time. Urban Development,Committee Report 3-92 Page 2 4. Food vendors in the vicinity of the Convention Center pose a potential conflict with the concessionaire that has contracted with the C'ity to ~rovide food service at the facility. While the ordinanCe exception to permit food vendors on sidewalks does not appear to be working, the Committee does feel vendors with proper permits, licenses, and insurance would add to the festive atmosphere of events, such as parades, and should continue to be permitted during parades. The outcome of the committee's deliberation is reflected by an ordinance amendment attached to this report. IT IS RECOMMENDED that the City Council accept the ordinance amendment for first reading and adopt it upon second reading on April 22, 1992. Respectfully submitted, Councilmember Ken Peterson, Chairman Councilmember Kevin McDermott Councilmember Patricia M. Smith nrc BD. 20 ORDINANCE NO. AN ORDINANCE A~mm~DING SECTION 12 . 44 . 035 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO .PARADE BE IT ORDAINED by the Council of the City'of Bakersfield as follows: SECTION 1. Section 12.44.035 of the Bakersfield Municipal Code is hereby amended to read as follows: 12.44.035 Parade vendors. A. With the exception of the provisions of this section, the provisions of this chapter shall not apply to any parade vendor during parades operating a cart on a city sidewalk where a parade permit has been issued in accordance with the requirements of Chapter 10.76. B. Definitions. Whenever used in this section, unless a different meaning clearly appears from the context, the words set out in this 'section shall ~ave the following meanings: 1. "Cart" as used in this section means mobile or stationary cart as defined herein. 2. "Parade" means any march or procession consisting of persons, animals or vehicles, or combinations thereof, except funeral processions, upon any public street, public sidewalk, public alley or other public place, which does not comply with normal and usual traffic regulation or controls. 3. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 4. "Mobile cart" shall be four (4) feet long, three (3) feet wide and five (5) feet in height from the ground or smaller. 5. "Stationary cart" shall be eight (8) feet long, six (6) feet wide and five (5) feet in°height from the ,ground or smaller. Larger carts are prohibited. 6. "Vendor" means any person wh© engages in a business of selling wares, food and/or drinks from a cart and does not include any business occupying a permanent foundation constructed in accordance with the requirements of Chapter 15.12 of this Code. ~ C. Regulations. A primary puprose of these regulations is to restrict the operation of stationary carts along sidewalks contiguous to designated parade routes and cause such carts to be · located along side streets perpendicular to the designated parade route thereby leaving ample space for those viewing the parade to move up and down the parade route without interference from stationary carts thus redcing congestion and contributing to the health and safety of the public. No wares, food and/or drinks shall be sold, nor any business conducted, on any public street or sidewalk along the parade route, except under the following circumstances: 1. Only StationarY carts and mobile carts are allowed. All other carts are prohibited. 2. Stationary cart vendors holding a valid city business license t~x certificate may operate on any sidewalk on any side street of the parade route except the sidewalks along the street designated as the parade route; provided, however: a. At least four feet of side street sidewalk remains unobstructed for pedestrian traffic and said ca.rt is at least 8 feet from the parade route; b. The vendor has obtained a health department permit if applicable; c. No entrance to any business occupying a structure upon a permanent foundation is in any way blocked or obstructed; d. The vendor may operate only during the hours designated on the parade permit, and may be set up on a sidewalk only two hours prior to the designated commencement of the parade and one hour after the designated end of the parade; e. All carts shall be self-contained. No tables, chairs,, boxes or objects other than the cart are allowed. 3. Mobile cart vendors holding a valid city business license tax certificate may operate on any sidewalk along the parade route; Provided, however: a. At least four feet of sidewalk remains unobstructed for pedestrian traffic; b. The vendor has obtained a ~health department permit if applicable; c. No entrance to any business occupying a structure upon a permanent foundation is in any way blocked or obstructed; d. The vendor may operate only during the hoUrs designated on the parade permit, and may be set up on a sidewalk only two hours prior to the designated commencement of the parade and one hour after the designated end of the parade; e. All carts shall be self-contained. No tables, chairs, boxes or objects other than the pushcart are allowed; f. No such vendor of goods may remain in the same place on the sidewalk for more than ten minutes at one time. 4. Business license tax certificate and· health department permit, if applicable, shall be posted on the cart. Evidence of insurance shall be presented upon request by any City official when acting in their official capacity. D. Insurance. Each vendor shall obtain the following insurance, maintain said insurance in full force and effect whenever operating under this ordinance, and present proof of insurance in a form acceptable to the City Risk Manager: a single limit broad form commercial general liability insurance policy in an amount specified by City, with Combined liability for personal injury, property damage and automobile liability with a reliable insurance carrier authorized to do business in the State of California and statutory workmen's compensation coverage. Said policy or policies of insurance shall expressly name the City and its agents,.officers, and employees as additional insureds. o E. Indemnity. Eachvendor operating under this section shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or ~damage to property arising out of, connected with, or caused by vendor, vendor's employees, agents or independent contractors or companies in the performance of, or in any way arising from, the operation of vendor under this section. - 3 - SECTION 2. This Ordinance shall be posted in accordance with the. Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o - 4 - I ~IE~RRY 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: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARenCE w.. M~DERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ~TTORNEY of the City of Bakersfield ADD/meg BUS-ORD\ PARADE-V. O- 4 3/20/92 - 5 - ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5.56.030 OF CHAPTER 5.56 OF T~E BAKERSFIW.?.~ MUNICIPAL CODE RELATING TO TRANSIENT OUTDOOR BUSINESSES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.56.030.of Chapter 5.56 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.56.030 Definitions. For the purposes of this chapter, "transient outdoor business" means any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who'engages in.a temporary business of selling goods, wares and/or merchandise within the city and who, in furtherance of such purpose, hires, leases, uses or occupies any property within the city. "Transient outdoor business" does not include any business occupying a structure upon a permanent foundation constructed in accordance with the requirements of Chapter 15'.12 of this code, any farmers' market certified by the Kern County agricultural commissioner, any seller of Christmas trees, fireworks or pumpkins, a~y-~ee~-~e~e~-epe~a~-a ~shea~-en-a-s~ewa~k-w~h-~he-w~e~-~e~m~ss~e~-~-~he-~w~e~ ~e~a~v-e~-pe~se~-~-pessess~e~-e~-~he-p~em~ses-~-~e~-e~-whe~h ~he-~ee~-~s-se~7 or any occasiohal sales of beverages or foodstuffs by persons under the age of fifteen years adjacent to the residence of a person involved in such sales. For the purposes hereof, a "temporary business" is any business conducted functionally entirely independent from a structure with such permanent foundation. No person, firm or corporation so engaged shall be relieved from complying with the provisions of this chapter merely by reason of association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient outdoor business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer. SECTION 2. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. o0o I ~Rmy 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: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED-~ CLARENCE E. ~m~DERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/kkr Trans.b% ]/25/92· - 2 - March 22, 1992 R CE/vEo City of Bakersfield Mr. Bill Descary TREASURy P.O. Box 3032 Bakersfield, Ca 93303 Dear Mr. Descary; This letter is to inform you of some complaints we are having regarding the vender on the comer of Ash and Schirra court. We have had many people as well as our staff, complain that when you pull out to mm the comer, you can't see. You have to pull out farther to see around them, which puts you out in the street to far. Also when people stop in there cars, vans, and big diesel macks, they stop and. park on Ash road which you can't see around either. And I'm not sure if your aware of it or not but, that street is becoming a very busy street. We see that this is a very dangerous situation. My second complaint is as our property manager of this complex. Right now where they standing 'is in front of our marquee. And around that marquee is a flower bed. When there customer stop to buy the hOt dogs they stand in our flower bed and lean on our marquee, etc... When children are present they climb on it and jump off of it as well. Which bothers me because of the fact if they get hurt on the sign are we going to have to pay the bills, is someone going to sue us for damages!!! I think that these are all very good masons why we would like to see them' move. And I'm sure you will agree. I hope that these' complaints will be taken under consideration. I'm not trying to hurt the man business, but I don't feel that he is doing his business very well if he allows these kinds of things to happen. Also I feel that it not fare for someone to set "up shop" on someone else property and be able you destroy it. That would be like them coming over to your house and putting there hot dog stand on the .sidewalk in front of your house. And lets say that you have a fence up and them customers started climbing on it and the kids started jumping on it and messing up your yard. You would have a fit. Well I think that this is the same principle. Don't you!!! If you have any questions please don't hesitate to call. I would like to thank you for your time on the phone and in reading this letter. Also I 'thank you in advance for your help it this matter. Very Truly Yours of Westbrook Chapel, Chapel Square d, 31)l Sciurra Ct~urt. Suite i,.~, · gakerslieltl C:.. 93313 · ~05/397-6000