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Home My WebLink About06/16/1993 B A K E R S F I E L D Daniel Kane, Chair Kevin McDermott Patricia M. Smith Staff: Jack Hardisty AGENDA URBAN DEVELOPMENT COMMITTEE Wednesday, June 16, 1993 12:00 Noon City Manager's Conference Room 1. Vehicular Food Vendors Ordinance (Bill Descary) 2. Commercial Vehicle Parking In Residential Neighborhoods (Jack Hardisty) 3. South Beltway Update (Ed Schulz) 4. CSA 71 (Ed Schulz) 5. Hotel Update (Alan Tandy) 6. Set Next Meeting ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 8.16 AND ADDING CHAPTER 5.48 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO VEHICULAR FOOD VENDORS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1 Chapter 8.16 of 'the Bakersfield Municipal Code is hereby repealed. SECTION 2 Chapter 5.48 is hereby added to the Bakersfield Municipal Code to read as follows: CHAPTER 5.48 VEHICULAR FOOD VENDORS Sections: 5.48.010 Definitions 5.48.020 Permit required 5.48.030 Application--issuance--fee 5.48.040 Regulations 5.48.050 Revocation 5.48.060 Appeal 5.48.010 Definitions. Whenever' used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Person" means any individual, partnership', corporation or association of any nature whatsoever. B. "Vehicle" means anyduly registered and licensed device by which a person or property may be propelled, moved or drawn upon a highway, including, but not limited'to, cars, trucks, coaches, motorcycles and motor scooters. C. "Vehicular food vendor" means any person who engages in a business of selling consumables from a vehicle on any city roadwaY, street, highway or other right-of-way, excluding sidewalks, within the city. D. "Consumables" means'food and drinks of any kind, including, but not limited to, ice cream, ices or other frozen desserts, candies, soda, soft drinks, confections and all substances and ingredients used in the preparation thereof. E. "Public Building" is held to mean and include any drugstore, confectionery store, ice cream parlor, ice cream stand, soft drink stand, soft drink store, lunch room, lunch counter, cafe, restaurant, hotel, schoolhouse, college, all buildings owned by the city, and all buildings owned by the county and state, and any other store or business house which trades or sells to the public generally its foods, merchandise, goods, wares and articles therein, situated within the city. 5.48.020 Permit required. It is unlawful for any person, firm or corporation to operate as 'a vehicular food vendor on any city roadway, street, highway or other right-of-way in violation of this chapter, or without having first procured and maintained a valid permit from the city manager or his designee. 5.48.030 Application--issuance--fee. A. Applications for permits under this section shall be made on forms to be furnished by. the city manager or his designee, shall be signed under penalty of perjury by the applicant and shall require the following_information: 1. The name,'address and telephone number of the applicant; 2. The name, address and telephone number of the business; 3. Prior and current permits held and whether such permits were ever revoked or suspended and the.reasons therefor; 4. The business tax certificate number of the business; 5. Whether a 'health department permit for this business has been issued; 6. The license number of the vehicle(s) to be used.for the sale of food items. 2 B. The application shall be accompanied by evidence, satisfactory to.the city manager or his designee, of general liability insurance providing coverage on an occurrence basis for bodily injury,~ including death of one or more persons, property damage and personal injury, in an amount of not less than one million dollars ($1,000,000.00). Insurance required of .the apPlicant hereunder shall be primary insurance as to the city,. its mayor; council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess~insurance, over and above the applicant's insurance ahd shall not contribute with it. The applicant shall save, hold harmless and indemnify the city, its officers, agents~ employees and volunteers from all claims,' demands, damages, judgments, costs or expenses in law or equity that may at any time arise from, or are in any way related to, any activity addressed by this chapter. C. The city manager or his designee shall, in his discretion, issue a permit if he finds: 1. The application is complete and truthful; 2. The business for which the application is made will be maintained and conducted in accordance with all local,~ state and federal laws; 3. The operation of such business will not present any substantial hazard to vehiCular or pedestrian traffic; 4. The applicant has obtained insurance as required under subsection B of this section; 5. A valid business tax certificate has been issued for this business; 6. A valid health department permit has been issued for this business; 7. The applicant has not had a permit, issued under this section, revoked, unless the city manager finds that~ the .reasons for such revocation are unrelated to this ~ application. D. All permits issued under this chapter shall remain in effect until the following June 30th,.unless earlier revoked. E. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in section 3.70.040.~ F. Permits may be issued with~conditions to ensure the vending'of food from such vehicle will be operated in a safe and legal manner, will not disturb the peace and quiet of any .neighborhood and will not constitute-an undue burden on city resources. 5.48.040 Regulations. A. Except. as permitted by section 10.56.080(B) and chapter 5.45,, the business of selling consumables on a city roadway, street, highway or right-of-way shall be made solely from vehicles as defined in section 5.48.010(B). B. Meat and fish peddlers shall also comply with the provisions of chapter 8.12. C. Except as otherwise provided by ordinance, no person(s) shall park any vehicle from which any consumables are sold, or offered for sale, except at the request of a bona fide purchaser and for a period of tim~ not to exceed ten (10) minutes at any one place on a city roadway, street., highway or other right-of-way. The provisions of this subsection shall not apply to persons delivering foodstuffs or merchandise upon order' of, or by agreement with a customer, and when delivery is made from a store or other fixed place of business or distribution. D. The operator of a vehicle regulated by this ordinance shall have in his/her possession at all times during operation of the business a valid California driver's license which permits operation of the vehicle used to' sell consumables. E. The vehicle as regulated by this chapter shall be kept in a clean and sanitary condition at all times during the sale of food and/or drinks to the public. F. All vehicles shall be self-contained and no tables, chairs, boxes or objects other than the permitted vehicle shall be permitted on the city street, roadway, highway or right- of-way. G. Any permit issued pursuant to this chapter shall be non-~ransferrable, and shall be Valid only as to the applicant provided on the application for such permit. H. The permit-holder shall maintain the required insurance throughout the term of the 'permit. I. The vehicles.regulated by this chapter shall not be operated on any city street' designated~as a parade route during a parade. 4 J. No vendor regulated by this chapter'shall imPede or obstruct the safe and orderly flow of vehicle and pedestrian traffic. K. The sale of food and/or drink items from vehicles as regulated by this chapter shall take place at a curbside location. No sales activities shall be permitted with customers standing in the street, roadway, highway or other area traversed by vehicular traffic. Standing, stopping and parking regulations shall be'observed at all times. L. The permit-holder shall acquire and maintain a valid county'health permit throughout the term of this permit and ~comply with all applicable health requirements. M. It is unlawful for any person to sell, vend or peddle consumables from any vehicle in the city within three hundred feet from the exterior boundary of property used and occupied by a public building as defined in section 5.48.010(E) or any public playground or park conducted, maintained and operated by the city, or other municipal agency; provided, however, that sales, vending and peddling permitted by section 12.56.240 of this code are not prohibited 'hereby. N. All. permits required by this article shall be prominently displayed at all times on each Vehicle or shall be kept on the person of the vendor at all times during which he/she is vending. Vendors must produce for examination all required permits upon request by a peace officer.or any officer or employee of the city who is acting in his/her official capacity. 5.48.050 Revocation. Any permit issued pursuant to this chapter may be immediately revoked by the City manager whenever he finds: A. Fraud, misrepresentation or false statement contained'in the application for the permit or made in the course of carrying on the business regulated by this chapter; or B. The applicant has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or C. Any of the terms or conditions of this chapter have been violated, or that the business has been operated in violation of local, state or federal law. 5.48.060 Appeal. A. Should any aPplicant.be dissatisfied with the decision of the city'manager or his designee, not to grant a permit or for the revocation of a permit, then said applicant may, no later than ten days after notiCe of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the. application, make written objection to. the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less'than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or his designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive'but shall take effect as of the date of the council's decision. SECTION 3. 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 .......... 6 I HEI~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 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield 0RDINANCE\FOODVNDRS 6/3/93 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10.32.140 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 10.32.140 of the Bakersfield MuniciPal Code is hereby amended as follows: 10.32.140 Parking of commercial vehicles prohibited in residential districtS. A.- It shall be unlawful, except as provided in Subsection B of this section, for any person to park, store, or leave standing on any street or parcel ia a residential district, any commercial vehicle having a manUfaCturer's gross vehicle weight' rating (GVWR) of twelve thousand (12,000) pounds or more. B. The prohibition set forth ia Subsection A of this section shall not apply .to any commercial vehicle making pickups or deliveries of services, goods, wares. and merchandise from or to any building, structure or site located in a residential district. C. ' For the purposes of this section, the following definitions apply: 1. "Residential district" means any property located in the R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), R-4 (Limited Multiple Family Dwelling), E (Estate), R'~c-0k%~n-tiaL Holding) and PUD (Planned Unit Development) zone~ districts,' in accordance with Title 17 of this code. "Residential district" also includes streets adjacent to property within any of the aforementioned zone districts. 2. "Commercial vehicle" means a vehicle which is required to be registered under the California Vehicle 'Code and is used or maintained for the transportation of persons for hire, compensation, or profit; or designated, used or maintained primarily for the transportation of property. This definition does not include passenger vehicles which are used for' the transportatiOn of persons for hire, compensat/on, or profit; housecars; recreation vehicles; or vanpool vehicles. D. Any person violating the provisions of this Section shall be punished as set forth in General Penalty Provision Section 1.40.010 of this code SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ~. 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: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATI'ORNEY of the City of Bakersfield JE:pjt May 4, 1993 I'es\oCV. CC Seating Series Length Wheelbase Drive GVWR, Ibs. Payload, lbs. ('l~.) . (in.) 'min./max.) (min./max.) (~/Z-ton) 4x4 (K) 6100 ~:.184311957 · Regular-Cab Sportside Short-Box 1500 "'194.1 117.5 2WD (C} 5600 1782'/1894 /~/2-1~) 4x4 (K) 6100 1865/1980 Regular-Cab Fleetside Short-Box =~'~._500 212.6 131.5 2WD (C) 5600/6100 1641/2231 4x4 (K) 6100 ~i'291/1828 212.6:. 1312 2WD(C) ,x4 Regular-Cab Fleetside Long-6ox "~--~-~'~ 1500 218.0 141.5 2WD (C) 6200 ' 1706/2177 (~/z~ton) 4x4 (K) 6200/6600 1575/2082 Extended-Cab Sportside Short-Box 1soo 218.0 141.5 2WD (c)6200 1728/2200 ~?" .... Szd._~I~l-L~g (~,~ton) 4x4 (K) 6200/6600 1597/2105 ..... : ......... li'~-'---' 2500 218.0 141.5 2WD (C) 7200 2569/3030 Ol~t.-3 '!_~_~: P,a-ton) 4~4 (K) 7200 2166/2663 O[~t.-5~ T~'-~':'__ ~-~-- Extended-Cab Fleetside Short-Box Std.-6]I []-]. ! ' ___ ~ I{..?ton) 4x4 (K) ~200/6600 1323/1854 .... 2500 237.0 i 55.5 2WO (C) 7200/8600 ~388/3929 Opt.-3 (3~4-toni 4x4 (K/ 7200/8500 Z010/35~4 i:' '-. ~5~,: £=7.0 =-~.~ ",.'v'~ ih', ~O0/iO,O00 ~',.~,,~,o~ O~t.-5 Ii. !l-toni/""- ~'" 4x4 (K) 9200/10,000 3550/4394 - ' ,' I~.7~ · E×te,oed-Cab Fleets~de I 1292 lbs. for 454 SS mooel. ItlO~E: Pavtoad ~nclu[les l~assengers, e~lU~Brnent ano cargo ¢ana dodv, if Ch~ss~s-Cab mo[tel). Higher l~avioao$ reau~re o~onat eau~men~. Payload1 ratings are oase~ on 1993 Licensing Data a~ :zrne of ar/nnnq, ano reflect afl ava~aote engines. Gross vemcte we~qnt ra~ ng 'GVWR) ~]cluoes vehicle. ~assenger$, eau~rnenr an[l cargo. All GVWR$ of lO. O00 lbs. or h~gner require aual rear wheels. Seating Series Length Wheelbase E)rive GVWR, Ibs~ ?ayload,'lbs. (fi7.) !'in.) {min./max.)~J min./max.) C~ew-Cab Flee~ide Long-~ox 2WD (C) 90~/10,0~ ~76 4x4(K) 92~/10,0~' 41~9 Regular-Cab Cha~i~-Cab ,Regular-Cab Chassis-Cab 3500/Straight rai/) · ~_.g 3500 HD 221.5 135.5 2WD (C) ~ "9380/9659 . Std?3 (1-ton) ' ,- , 3500 HO 245.5 159.5 2WO (C) i5 000 9288/95~6 ' '~'~.:~ ..... · (l-ton) .... ..~.~.' . '3500 HD 272.0 183.5 2WD (C) 15r000 9140/9439 ..... ' '(1~ton) .7- Regular-Cab Chassis-Cab 3500 HD (Straight rail) j '~'~ 2500 232.2 155.5 2WD (C) 8600 3755/4296 Std..6 (3/4.ton) _~4 3500 232.2 155.5 2VVD (C) 9000/10,000 4114/5205 Opt.-3 (l-ton) 4x4 (K) 9200/10,000 3917/4813 Extended-Cab Chassis-Cab (Tapered rail) """~ ?';~"'~ 3500 255.4 ] 68.5 2WD (C) 9000/10,000 3714/4768 Crew-Cab Chassis-Cab I Tapere~ rail) · SELECT YOUR" MOVING VAN* RIGHT EQUIPMENT FOR MOVING AT THE LOWEST COST-' ~ De~k.~ 24 26' SUPER MOVER" · Air. Ride Su~4~enmon~ VAN SPECS: 22'3, x 7'7"'x 8'5" ° Large~t van ~ DOOR: 7'3' x 7'2' · Low O. ck,-34' 24' HOUSEHOLD MOVER"" VAN SPECS: 19'4' x 7'7' x 7'1' ·· WideSt and Shos'test RamD Air-Conditioned J~J~j' ' ........... ~MOld'S Al'rICe:' 3'6'~ x 7'7" x 2'8' ' DOOR:7'3* x 6'5' · Die~4-Pmmmld ~ Ability - VAN SPECS: 11'4" x 7~5' x 6~' :-; · WklNt Ibmo · Air-Cond. Jonod I,~~ blOM'S ATFICe: 2'5' x 7'5'x 3'3' ' · Autmmfl~-Trmlmlll~eimt . . VAN,~ECS: 9'10~x 5'8' x 5'10" · Ai~,mtcUtlaned.- ~ 5~' x 5'1' · FuM-Efflc~ Y-6 - ~~ Up,To 388 CU. FT. · so~t Ride-. ~__ ,===, · CAR-TOP CARRIER · ~ T~ ~ ~ ~ ~ 4'8" x 4~" ~ ~ ~ ~ ~:To ~ CU. ~ ~ , ~ ~. 5" x 8" ~LER · ~ R~ ~ V~ 8' x ~* x 5'4" · P~ R~ Ral~ ~ ~: 4' x 4'1~ · E~T~ Up To ~ CU. ~, · L~ ~ 4' X 8" ~LER ~ ~ ~ V~ ~E~: 8'1" x 4"1" x 4' · Lo~ ~k= 4* x 6* T~ILER ~e~ Rid~ ~ VAN SPECS; 5'9" x 4'1' x 4'3" · ~To~ UpTo I~CU. ~. ~A~O ~ CAR-TOP T~NSPO~ C~RIER E~Y LOADING ~ U~ To 18 CU. ~. AND UNLOADING TOW DOLLY TOW B~ T~ ~ ~ for [l~ REGU~R DU~ ~ H~ ~ UNDERC~ _ ~ ~ --~~~ D~ ~,~~ ~-- ~.~ RECE~ER · ~s~.~&c~ ~~ FROM AS S~LL ~ . ~ ~n ~ TO'AS ~RGE AS · ~x~, P~ Ca~ ~ O* ~ 20o - ~sK For Sio~go ~ ~eStlnaZlOflm ,, . · Subject to availability. Note: Truck anQ trailer measurements are approximate ana MOVING VANS HAVE LOW DECKSTM AND GENTLE-RIDE SUS