FISCAL IMPACT:
Anticipated fiscal impact includes the receipt of City food truck permit fees with the fee amount to be determined by a future resolution, and staff time in determining relevant applications and in enforcing the ordinance.
ATTACHMENTS:
Attachment 1: Food Truck Ordinance (Ord. #638).
Attachment 2: Staff Report (Nov. 9, 2022 City Council meeting) Attachment 3: Staff presentation (Nov. 9, 2022 City Council meeting) Attachment 4: Staff Report (Dec. 14, 2022 City Council meeting) 224
1 ORDINANCE NO. 638
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
ADELANTO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA,
ESTABLISHING CHAPTER 5.84 (FOOD TRUCKS) TO TITLE 5
(BUSINESS LICENSES AND REGULATIONS) OF THE ADELANTO
MUNICIPAL CODE REGULATING FOOD TRUCKS
WHEREAS, the City of Adelanto is a municipal corporation, duly organized under the constitution and laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws;
WHEREAS, the California Vehicle Code Section 22455 allows municipalities to regulate mobile food vending in order to protect public safety and Article XI, Section 7 of the California Constitution extends to municipalities the police power authority to regulate food truck vending in furtherance of public health and welfare; and
WHEREAS, food truck vending and catering trucks create the potential for safety hazards, such as but not limited to, encouraging pedestrians to cross mid-block to purchase food; and WHEREAS, food trucks create the potential for safety hazards, such as blocking sight distances at intersections and crosswalks, encouraging pedestrians and children to cross streets mid-block to reach a vending vehicle, and causing additional conflicts between drivers and pedestrians; and WHEREAS, food truck operators who fail to park their vehicles correctly while doing business attract prospective buyers onto public roadways, creating a further traffic and public safety hazard; and WHEREAS, the City has an important and substantial public interest in providing regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in full herein.
Section 2. Chapter 5.84 of Title 5, is hereby added to the Adelanto Municipal Code to read as follows:
225
2 Chapter 5.84 Food Trucks
Sections:
5.84.010 Purpose
5.84.020 Definitions
5.84.030 Permit Required; Fees
5.84.040 Regulation of Food Trucks
5.84.050 Food Trucks on Public Right-of-Way
5.84.060 Exceptions
5.84.070 Violations and Penalties
5.84.010 Purpose.
It is the purpose and intent of Chapter 5.84 to allow mobile food vending, aka “food trucks” or “food truck vending” within the City that complies with City, county, and state laws and regulations. It is a further purpose and intent of this Chapter
5.84 to regulate food truck vending in order to protect the health, safety and welfare of the residents of Adelanto in a manner consistent with state and local law. In order to meet these objectives, business licenses and food truck permits shall be required to vend in the City. The provisions of this Chapter 5.84 are in addition to any permits, licenses and approvals that may be required to conduct business in the City, and in addition to any permits, licenses and approvals required under state, county, or other law.
5.84.020 Definitions.
The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
A. “Food or food products” means any type of edible substance or beverage.
B. “Food truck operator” means a person that operates or assists in the operation of a food truck.
C. “Food Truck” means any motorized device or vehicle by which any person or property may be propelled or moved upon a highway, or which may be towed by a motorized device or vehicle, from which food or food products are prepared, sold, offered for sale, displayed, bartered, exchanged or otherwise given. This definition shall exclude sidewalk vendors, roaming sidewalk vendors, and stationary sidewalk vendors as defined in Section 5.82.020.
D. “Food Truck Permit” shall mean a business license issued pursuant to this Chapter for the purpose of operating a food truck in the City. 226
3 E. “Public right-of-way” means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity, and the area along and upon any public road or highway.
F. “Vend or vending” means to sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a food truck.
G. “Vendor” means a person who vends, including an employee or agent of a vendor.
5.84.030 Permit Required; Fees.
A. It is unlawful for any person to engage in or employ any person to engage in the business of operating a food truck vehicle without first obtaining and maintaining a food truck permit pursuant to this Chapter 5.84 to conduct such business.
B. Fees for such permits shall be in an amount determined by resolution.
C. To apply for a food truck permit, an applicant must provide:
1. A signed and completed application form containing:
a. The applicant’s name, mailing address, and telephone number; b. The applicant’s business name, including the name identifying and posted on the subject food truck;
c. Ownership type (e.g., sole proprietorship, or corporation, etc.); d. A description of the type of food or beverages to be sold and hours of operation;
e. A description and photograph (including colors and any signs) of the food truck(s) to be used, including vehicle identification number(s) and license plate number(s) and whether the food truck(s) is/are equipped with a functioning bathroom containing a toilet and handwashing facility;
f. A copy of a valid health permit issued by the County of San Bernardino;
g. Copies of all other applicable required licenses, certificates, and permits, including, but not limited to, Public Health Operating Permit, Operators Food Handler’s Certificate, Food Vehicle Certificate Sticker, Seller’s Permit, and proof of liability insurance; h. Certification that the information in the application is true; and i. Agreement to comply with all provisions of this Chapter, all applicable provisions of this code, and all applicable federal, state and local laws, rules, regulations, ordinances, etc.
2. Payment for permit fees.
D. Food truck permits must be renewed yearly and are not transferrable. 227
4 E. The City Manager or their designee may revoke or suspend any food truck permit issued pursuant to this chapter for any of the following reasons:
1. Revocation, suspension, or nonrenewal of the required permit from the San Bernardino County Department of Public Health Division of Environmental Health Services;
2. Upon the second violation of the same regulation set forth in this Chapter
5.84 in a single year; or
3. Upon the third violation of the regulations set forth in this Chapter 5.84 in a single year.
4. Upon failure to pay administrative fines pursuant to Section 5.84.070.
F. A food truck operator shall also have a valid business license from the City.
5.84.040 Regulation of Food Trucks.
A. Food truck operators shall comply with all applicable federal, state, and local laws.
B. Food trucks shall have a valid permit from the San Bernardino County Department of Public Health Division of Environmental Health Services. The revocation of a County permit shall be communicated to the City in writing and shall result in the automatic suspension of the food truck permit issued by the City.
A copy of said permit shall be kept in the food truck and shall be visible at all times.
C. Food trucks shall display in conspicuous view their City-issued food truck permit or decal and business license on the customer-facing portion of their vehicle when operating within the City.
D. Food trucks shall maintain a clean selling area and haul away all trash generated by their operation. Every food truck shall provide a refuse container in the immediate vicinity of the food truck. Prior to leaving the location, the food truck operator shall pick up, remove and dispose of all trash generated by the food truck’s operation located within a fifty (50) foot radius of the food truck’s location. Trash generated by food truck operations shall not be disposed of in public trash receptacles.
E. No discharging of any liquid waste is permitted except at a Countyapproved commissary. 228
5 F. Food trucks shall not use any signs in connection with the sale, display or offering for sale of items or food, except for those signs affixed to or painted on the food truck vehicle, and menus or promotional signs situated in the immediate vicinity of the food truck.
G. The use of flashing lights, strobe lights, and flood lights is prohibited.
H. Food trucks shall not operate within fifty (50) feet of a fire hydrant or within twenty-five (25) feet of a bus stop.
I. Vending must be contained to the food truck. Food truck operators may not augment operations by setting up accessories, equipment, tables, chairs, or stools near the vehicle.
J. Food trucks shall be limited to operating in residential areas from 8:00 a.m. through 8:00 p.m. on days Sunday through Thursday, and from 8:00 a.m. through 9:00 p.m. on days Friday and Saturday. In all other areas of the City, food trucks shall be limited to operating between the hours of 7:00 a.m. and 11:00 p.m. every day.
K. Food truck operators shall have with them all of the following documents while vending within the City:
1. Proof of liability insurance;
2. Food handler’s certificate;
3. Seller’s permit;
4. City-issued business license;
5. City-issued food truck permit or decal; and
6. Operating permit issued by the San Bernardino County Department of Public Health Division of Environmental Health Services.
L. A food truck permit does not provide an exclusive right to operate within any specific portion of public property or public right-of-way. No person shall attempt to reserve any portion of any public property or public right-of-way exclusively for the operation of their food truck.
M. Food truck operators shall not leave or maintain a food truck or any accessories, equipment, or objects used for food truck vending purposes on public property or in any portion of the public right of-way overnight. Any equipment or objects left overnight on public property or in any portion of the public right-ofway will be considered discarded and may be disposed of by the City.
N. Food trucks shall be stored overnight at or within a commissary or other location approved by the San Bernardino County Department of Public Health. 229
6 O. Food truck operators shall not engage in vending in such a manner as to cause onlookers, vehicle drivers, customers, or others to obstruct the free flow, access, or view of pedestrian or vehicular traffic.
P. No food truck shall operate in such a way so as to reduce or impair motorists’ view of any cross street, crosswalk, driveway or any other similar location where traffic, be it vehicular, pedestrian or bicycle, can be expected to enter the street, and in any way contributes to a traffic hazard or unsafe driving conditions.
Q. Food truck vending operations shall at all times comply with the provisions of the City’s Noise Control Ordinance, Chapter 9.110 of title 9 of the Adelanto Municipal Code.
R. The food truck operator shall maintain and supply to the city, copies of policies of commercial general liability and automobile liability, in an amount of no less than $1,000,000.00 per occurrence, naming the City as an additional insured.
S. Food truck operatorsshall be prohibited from vending food or food products at public parks where the City has entered into an agreement for the exclusive sale of food or food products with a particular concessionaire or vendor.
T. This section is not intended to be enforced against sidewalk vendors, roaming sidewalk vendors, and stationary sidewalk vendors as defined in Section
5.82.020.
5.84.050 Food Trucks on Public Right-of-Way.
Food truck operators may locate food trucks in the public right-of-way as long as the food truck operator adheres to all other provisions of this Chapter and the following standards and conditions:
A. The food truck operations shall not obstruct pedestrian or vehicular traffic.
B. If parked alongside a roadway, food vending shall be limited solely to that side of the food truck facing away from vehicular traffic and shall be prohibited on the traffic-facing side of the food truck.
C. A food truck operators shall not distribute any item from the food truck in a manner that causes any person to stand, sit, or otherwise occupy any portion of the street.
D. A food truck operator shall not encroach onto a public sidewalk with any part of its food truck or any other equipment or furniture related to the operation of its business.
230
7 E. No food truck shall be parked, stopped or left standing in any manner that blocks or impedes vehicular access to any driveway or restricts the free movement of emergency vehicles.
F. The food truck is in full compliance with all parking regulations and Vehicle Code provisions that apply to the location at which it is parked.
5.84.060 Exceptions.
A. No food truck permit shall be required when food truck vending is associated with the operation of a City-issued temporary special event permit, subject to the conditions thereof. Food truck operators shall comply with all other provisions of this Chapter and all State and local laws.
B. No food truck permit shall be required when food truck operations are solely limited to private event catering services and when all of the following provisions are met:
1. The food truck is situated entirely on private property;
2. Service is limited to the guests of the catered event only; and
3. No payment transactions shall occur for individual orders taken by the food truck operator.
5.84.070 Violations and Penalties.
Any violation of the provisions of this Chapter, at the discretion of the City taking into account the nature of an alleged violation and any previously issued warnings, is punishable as an infraction or misdemeanor, and any violation of the provisions of this Chapter is subject to an administrative citation, at the discretion of the City, punishable by an administrative fine as follows:
1. $500.00 for the first violation within a calendar year.
2. $750.00 for the second violation within a calendar year.
3. $1,000.00 for the third violation within a calendar year.
Failure to pay an administrative fine within thirty (30) calendar days may result in revocation or suspension of a food truck permit and/or business license pursuant to Section
5.84.030(E)(4).
Section 3. The City Council of the City of Adelanto finds that the adoption of this Ordinance is not a “project” for the purposes of CEQA Guidelines Section 15378, as the amendments provide for a regulatory permitting and related administrative procedures that will not result in direct or indirect physical changes in the environment. Additionally, even if this Ordinance is a “project” for the purposes of CEQA, it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. Therefore, this matter is not subject to CEQA. 231
8 Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
Section 5. Severability. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of this Ordinance as a whole or any part thereof, other than the part so declared to be invalid.
Section 6. Certification/Summary. Following the City Clerk’s certification that the citizens of Adelanto have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.
PASSED, APPROVED AND ADOPTED this _________ day of _______, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
_______________________________
Marc Tran, City Attorney
232
CITY COUNCIL AGENDA REPORT
DATE: November 9, 2022
TO: Honorable Mayor and City Council Members
FROM: City Manager
BY: City Attorney
SUBJECT: RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF CHAPTER
5.84 TO THE ADELANTO MUNICIPAL CODE FOR A FOOD TRUCK
ORDINANCE
STAFF RECOMMENDS:
Staff recommends that the City Council solicit public comment/input and adopt proposed Ordinance No. ###, also referred to as “Food Trucks”, designed to regulate food truck vending within the City of Adelanto (“City”). This Ordinance will create an application and permit requirement for food truck vendors, set rules for food truck operations, and sets penalties for violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage.
BACKGROUND:
The City’s police powers extends to regulating food truck vending to further public health, safety, and welfare. Additionally, while California Vehicle Code Section 22455 prevents cities from prohibiting food truck vending in residential areas, Cities can enact public safety requirements for the time, place, and manner of food truck vending upon any street.
ANALYSIS:
The proposed food truck ordinance defines food trucks as any motorized device or vehicle, and those towed by such vehicles (such as carts, etc.), from which food is prepared and/or sold. While the draft ordinance excludes sidewalk vendors, this definition would include vehicles such as ice cream trucks and those preparing and selling more “low risk” food items such as shaved ice.
Application & Permit
Food truck operators would be required to submit an application to obtain a City-issued food truck permit, as well as hold a City business license. The permit application requires submission of a valid County-issued health permit and payment of permit fees.
Permits are not required for 1) food trucks operating as a caterer for private events while on private property and not vending to the general public, and 2) food trucks vending at Cityapproved temporary special events. 233
November 9, 2022
Staff can suspend or revoke permits upon revocation or suspension of a County Health Department permit or upon the third violation of the proposed ordinance, taking into account previous warnings and the nature of any violations.
Food Truck Operations
Among the prospective regulations include:
• Compliance with all state and local laws, including the City’s noise control ordinance; • Food truck vending limited to the following hours:
o In residential areas: 8:00 a.m. through 8:00 p.m. Sunday through Thursday, and 8:00 a.m. through 9:00 p.m. Fridays and Saturdays.
o In all other areas: 7:00 a.m. through 11:00 p.m. Sunday through Thursday, and 7:00 a.m. to 11:59 p.m. on Fridays and Saturdays.
• Trash cans shall be placed next to food trucks and all generated trash within twenty-five (25) feet shall be collected and disposed;
• No discharging of liquid waste into storm drains;
• No off-truck signage allowed except for menus or promotional signs placed next to the food truck;
• No tables, chairs, stools, etc. can be placed by the food truck; • No overnight parking of food trucks; and
• Food truck operations cannot create vehicular hazards.
The ordinance also imposes restrictions on food trucks operating on the public right-of-way (e.g. roads, roadway shoulders, public property). Food trucks cannot obstruct pedestrian or vehicular traffic and cannot have customers in the street. Additionally, food truck vending cannot face toward the roadway if parked alongside a road.
Violations and Penalties
Violations are punishable as an infraction or misdemeanor, or as an administrative violation with a fine not exceeding $1,000.
Unresolved Matters
Fees: At this time, staff is working to develop the amount of the food truck permit fee and will draft a resolution setting forth its amount for City Council approval. Additionally, the City’s business license fee schedule may require updating to set a business license fee amount for food trucks.
Highway 395: Because food trucks typically park in the vicinity of Highway 395, including during the evening, restrictions prohibiting food trucks from parking alongside Highway 395 may be desired. However, Vehicle Code section 22506 requires the California Department of Transportation (Caltrans) to first approve cities’ ordinances or resolutions that prohibit or restrict vehicle parking on state highways. Thus, this prospective ordinance does not impose food truck parking restrictions along Highway 395. However, a separate ordinance regulating food truck activity along Highway 395 can be drafted and incorporate City Council input and direction.
234
November 9, 2022
FISCAL IMPACT:
Anticipated fiscal impact includes the receipt of City food truck permit fees with the fee amount to be determined by a future resolution, and staff time in determining relevant applications and in enforcing the ordinance.
ATTACHMENTS:
Attachment 1: Food Truck Ordinance (Ord. #22-XX).
235
236
FOOD TRUCK
ORDINANCE
2 State & County
Regulations
Proposed City
Regulations
Outstanding Issues
Questions
237
California Retail Food Code (H&S 113700 et seq.)
▪ Food trucks defined as “mobile food facility”
▪ "Any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail.” (H&S 11381) ▪ Food trucks require health department approval (S.B. County) ▪ Food trucks required to operate in conjunction with a County-approved commissary
▪ Storage at commissary or other County-approved location (unsanitary conditions) ▪ Report to commissary daily
▪ Food at end of day stored at commissary
▪ Cleaned/serviced daily
3 238
▪ Business name clearly legible and fixed on customer-facing side ▪ Refrigeration units for trucks handling “potential hazardous foods” ▪ Equipment standards to allow for cleaning and sanitation ▪ During operation, no food shall be conveyed or served from any place other than a MFF (except for restocking)
▪ Open air BBQ’s OK if at community event and approved by Health Dept. ▪ Must operate within 200 ft. of available bathroom when stopped for more than 1 hr. ▪ Spare auto equipment/tools not stored in food prep./storage areas 4 239
▪ Nonpermanent food facilities
▪ No specific definition of “food trucks” or “mobile food facilities” ▪ County health permit requirement
▪ MFFs must meet plan check and equipment requirements
▪ Daily commissary reporting requirement
▪ Provide for each month a schedule indicating operating locations ▪ Changes reported within three days
▪ Events involving food trucks in unincorporated areas require special event permits 5 240
FOOD TRUCK ORDINANCE
6 PERMIT EXEMPTIONS RULES & REGS
241
▪ Extension of City’s police powers
▪ To further public health and welfare
▪ State law prevents banning food
trucks in residential areas
▪ Cities can impose time, place, and
manner restrictions (Veh. Code 22455)
▪ City cannot limit food truck vending to
certain areas
▪ State law preempts Cities in area of
traffic control and parking regulations
on public streets
▪ Food trucks defined as:
▪ “motorized device or vehicle by which
any person or property may be
propelled or moved upon a highway,
or which may be towed by a motorized
device or vehicle, from which food or
food products are prepared, sold,
offered for sale, displayed, bartered,
exchanged or otherwise given.”
▪ Excludes sidewalk vendors, roaming
sidewalk vendors, and stationary
sidewalk vendors subject to AMC
7 242
▪ Application
▪ Name & contact info
▪ Description of food items
▪ Hours of operation
▪ Food truck info: description and
photograph of food truck
▪ Copies of all relevant permits (health,
food handlers, seller’s permit)
▪ Payment of permit fees
▪ Renewed annually
▪ Not transferrable
▪ City business license also required
▪ Suspensions/Revocations
▪ By CM or designee
▪ Upon revocation/suspension of County
Health Dept. permit
▪ Communicated to City
▪ Upon third violation of ordinance
▪ Nature of violation(s)
▪ Prior warnings
8 243
▪ Private catering events
▪ When food truck is operating as a
private event caterer
▪ Food truck is on private property
▪ Service limited to party guests only
▪ No payment for orders received by
guests
▪ Compliance with rest of ordinance
▪ Special Events
▪ Vending associated with Cityissued temporary special event permit
▪ Subject to permit conditions
▪ Compliance with rest of ordinance
9 244
245
▪ Compliance with State and local
(County) laws
▪ Valid health permit required
▪ Permit revocation/suspension
communicated to City in writing
▪ County revocation/suspension is
automatic suspension of City food
truck permit
▪ Trash to be collected and disposed
▪ Receptacle to be placed
▪ 25-foot radius
▪ No trash disposal in public receptacles
▪ No liquid discharge into drains or
public right-of-way
▪ Signs not allowed
▪ Except for those on food truck and
menus & promotional signs placed
next to truck
11 246
▪ Stools, tables, chairs not allowed
▪ No attempts to reserve a portion of
public property or public right-ofway
▪ No overnight parking
▪ No equipment left overnight
▪ Vending cannot cause obstruction to
or view of traffic
▪ Cannot obstruct view of traffic
entering street
▪ Hours
▪ Residential areas:
▪ Sun-Thur: 8:00 a.m. until 8:00 p.m.
▪ Fri/Sat: 8:00 a.m. until 9:00 p.m.
▪ Everywhere else:
▪ Sun-Thur: 7:00 a.m. until 11:00 p.m.
▪ Fri/Sat: 7:00 a.m. until midnight
▪ Compliance with noise control
ordinance
▪ Insurance requirement
▪ Cannot vend at parks where City
grants exclusive vending rights to
vendor
12 247
▪ Streets & roads
▪ Sidewalks
▪ Alley
▪ Area along and upon public
road/hwy.
▪ Owned/controlled by government
13 248
▪ Compliance with rest of ordinance
▪ Cannot obstruct pedestrian or
vehicular traffic
▪ Cannot have people in the street
▪ Truck cannot encroach onto sidewalk
▪ Parking/stopping cannot block
driveway
▪ If parked along roadway, then
customer-facing side of truck has to
face away from roadway
▪ No vending on traffic-facing side of
truck
14 249
▪ Food truck permit fees TBD
▪ Set by future resolution (immediately
effective)
▪ Staff to work on fee calculation
▪ Highway 395
▪ Frequently parked along Hwy. 395
▪ State law requires Caltrans to first
approve ordinances/resolutions
restricting or prohibiting parking on
state highways
▪ Issue to be subject of separate
resolution/ordinance
15 250
QUESTIONS
251
CITY COUNCIL AGENDA REPORT
DATE: December 14, 2022
TO: Honorable Mayor and City Council Members
FROM: City Manager
BY: City Attorney
SUBJECT: RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF CHAPTER
5.84 TO THE ADELANTO MUNICIPAL CODE FOR A FOOD TRUCK
ORDINANCE
STAFF RECOMMENDS:
Staff recommends that the City Council solicit public comment/input and adopt proposed Ordinance No. 638, also referred to as “Food Trucks”, designed to regulate food truck vending within the City of Adelanto (“City”). This Ordinance will create an application and permit requirement for food truck vendors, set rules for food truck operations, and sets penalties for violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage.
BACKGROUND:
The City Council first considered this draft ordinance on November 9, 2022. At that meeting, the City Council directed staff to incorporate provisions where food truck permits could be revoked upon the second violation of the same provision of this ordinance within a single year, or upon the third violation of any provisions of this ordinance within a year. The Council also directed staff to incorporate a blanket prohibition on the discharging of liquid waste in the City.
Staff has incorporated these directions into the ordinance.
Additionally, staff conferred on this draft ordinance and made revisions to better pursue public health and safety, to make this ordinance more consistent with the City’s ordinance governing sidewalk vendors, and to address comments made by the City Council at the November 9, 2022 meeting. Staff also revised the ordinance to enhance enforcement.
ANALYSIS:
The proposed food truck ordinance defines food trucks as any motorized device or vehicle, and those towed by such vehicles (such as carts, etc.), from which food is prepared and/or sold.
While the draft ordinance excludes sidewalk vendors, staff raised the issue of inconsistent rules and regulations between them and food truck vendors. These revisions and others are discussed below.
252
December 14, 2022
Hours
The draft ordinance retains the same hourly restrictions for vending in residential areas, as State law permits food truck vending in these areas. In non-residential areas, food truck vending is allowed from 7:00 a.m. to 11:00 p.m. every day, consistent with sidewalk vending hours. Staff removed the 7:00 a.m. to 11:59 p.m. hours for Fridays and Saturdays in nonresidential areas.
Permit Application
Staff revised the draft food truck ordinance to require prospective food truck operators to indicate in their application whether their food truck(s) is/are equipped with a functioning bathroom containing a toilet and handwashing facility.
Another revision requires prospective operators to provide proof of liability insurance along with copies of their required licenses and certificates upon application submittal.
Food Truck Operations
Revisions to the draft ordinance include the following:
• Food truck operators shall remove and dispose of generated trash within fifty (50) feet (formerly 25 ft.)
• The use of flashing lights, strobe lights, and flood lights is prohibited. • Food truck vendors must have with them while vending within the City relevant documents including their seller’s permit, food handler’s certificate, County health permit, proof of liability insurance, business license, and food truck permit. • As commercial vehicles weighing more than 10,000 lbs. are prohibited from being parked within the City, the ordinance incorporates state law requirement that food trucks be stored at a commissary or at a location approved by the County health department.
Bathroom Access
The ordinance now incorporates the same requirement as Health and Safety Code section 114315 that food trucks be operated within 200 feet travel distance of a bathroom if vending from the same location for more than one hour.
As stated above, the food truck permit application requires prospective food truck operators to indicate whether their food truck(s) is/are equipped with a bathroom. With this information, City code enforcement staff can determine whether a food truck parked at the same location for more than one hour is in violation of this state statute and this ordinance if the relevant application indicates that the food truck lacks a bathroom.
Enforcement/Violations
Staff revised the ordinance’s violations and penalties section to clarify the amounts of possible administrative fines due to violations. As such, the first violation results in a $500.00 administrative fine, the second in a $750.00 fine, and the third violation in a $1,000.00 fine.
Additionally, the ordinance would permit staff to revoke or suspend a food truck operator’s food 253
December 14, 2022
truck permit or City business license, or both, if fines are not paid within 30 calendar days.
FISCAL IMPACT:
Anticipated fiscal impact includes the receipt of City food truck permit fees with the fee amount to be determined by a future resolution, and staff time in determining relevant applications and in enforcing the ordinance.
ATTACHMENTS:
Attachment 1: Food Truck Ordinance (2nd Draft) (Ord. #22-XX).
Attachment 2: Staff Report (Nov. 9, 2022 City Council meeting) Attachment 3: Staff presentation (Nov. 9, 2022 City Council meeting) 254
CITY COUNCIL AGENDA REPORT
DATE: January 25, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez City Clerk
SUBJECT: NOMINATION AND APPOINTMENTS TO THE PLANNING COMMISSION.
STAFF RECOMMENDATION: Staff recommends that the City Council discuss and vote on each nomination for planning commission.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Resolution No. 23-04 – 23-07
255
RESOLUTION NO. 23-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, PROVIDING FOR AN
APPOINTMENT TO THE PLANNING COMMISSION
WHEREAS, the Adelanto City Charter, Article XI, Section 1103. Appointment and Removal of Members provides that members of all commissions and boards of the City shall be appointed by the City Council and shall serve at the pleasure of said City Council.
Such appointment shall be made by resolution, adopted by the affirmative vote of not less than three (3) members of the City Council. Any vacancy on any board or commission, from whatsoever cause arising, shall be filled by resolution, carried by not less than three (3) affirmative votes of the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such terms.
WHEREAS, Mayor Reyes has nominated to the Planning
Commission, for a term concurrent to the Mayor’s term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
The City Council ratifies Mayor Reyes’s nomination and appoints to the Planning Commission.
PASSED, APPROVED AND ADOPTED this 25th day of January 2023. ________________________________
Gabriel Reyes, Mayor
_____________________________
Brenda Lopez, City Clerk, CMC
256
RESOLUTION NO. 23-04
PAGE 2
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-04 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 25th day of January, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 25th day of January, 2023.
_________________
Brenda Lopez, City Clerk, CMC
257
CITY COUNCIL AGENDA REPORT
DATE: January 25, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez City Clerk
SUBJECT: NOMINATION AND APPOINTMENTS TO THE PLANNING COMMISSION.
STAFF RECOMMENDATION: Staff recommends that the City Council discuss and vote on each nomination for planning commission.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Resolution No. 23-04 – 23-07
258
RESOLUTION NO. 23-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, PROVIDING FOR AN
APPOINTMENT TO THE PLANNING COMMISSION
WHEREAS, the Adelanto City Charter, Article XI, Section 1103. Appointment and Removal of Members provides that members of all commissions and boards of the City shall be appointed by the City Council and shall serve at the pleasure of said City Council.
Such appointment shall be made by resolution, adopted by the affirmative vote of not less than three (3) members of the City Council. Any vacancy on any board or commission, from whatsoever cause arising, shall be filled by resolution, carried by not less than three (3) affirmative votes of the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such terms.
WHEREAS, Mayor Pro Tem Ramos has nominated to the
Planning Commission, for a term concurrent to the Council Members term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
The City Council ratifies Council Member Ramos’s nomination and appoints to the Planning Commission.
PASSED, APPROVED AND ADOPTED this 25th day of January, 2023. ________________________________
Gabriel Reyes, Mayor
_____________________________
Brenda Lopez, City Clerk, CMC
259
RESOLUTION NO. 23-05
PAGE 2
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-05 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 25th day of January 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 25th day of January, 2023.
_________________
Brenda Lopez, City Clerk, CMC
260
CITY COUNCIL AGENDA REPORT
DATE: January 25, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez City Clerk
SUBJECT: NOMINATION AND APPOINTMENTS TO THE PLANNING COMMISSION.
STAFF RECOMMENDATION: Staff recommends that the City Council discuss and vote on each nomination for planning commission.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Resolution No. 23-04 – 23-07
261
RESOLUTION NO. 23-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, PROVIDING FOR AN
APPOINTMENT TO THE PLANNING COMMISSION
WHEREAS, the Adelanto City Charter, Article XI, Section 1103. Appointment and Removal of Members provides that members of all commissions and boards of the City shall be appointed by the City Council and shall serve at the pleasure of said City Council.
Such appointment shall be made by resolution, adopted by the affirmative vote of not less than three (3) members of the City Council. Any vacancy on any board or commission, from whatsoever cause arising, shall be filled by resolution, carried by not less than three (3) affirmative votes of the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such terms.
WHEREAS, Council Member Meza has nominated to the
Planning Commission, for a term concurrent to the Council Members term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
The City Council ratifies Council Member Meza’s nomination and appoints to the Planning Commission.
PASSED, APPROVED AND ADOPTED this 25th day of January, 2023. ________________________________
Gabriel Reyes, Mayor
_____________________________
Brenda Lopez, City Clerk, CMC
262
RESOLUTION NO. 23-06
PAGE 2
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-06 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 25th day of January 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 25th day of January, 2023.
_________________
Brenda Lopez, City Clerk, CMC
263
CITY COUNCIL AGENDA REPORT
DATE: January 25, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez City Clerk
SUBJECT: NOMINATION AND APPOINTMENTS TO THE PLANNING COMMISSION.
STAFF RECOMMENDATION: Staff recommends that the City Council discuss and vote on each nomination for planning commission.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Resolution No. 23-04 – 23-07
264
RESOLUTION NO. 23-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, PROVIDING FOR AN
APPOINTMENT TO THE PLANNING COMMISSION
WHEREAS, the Adelanto City Charter, Article XI, Section 1103. Appointment and Removal of Members provides that members of all commissions and boards of the City shall be appointed by the City Council and shall serve at the pleasure of said City Council.
Such appointment shall be made by resolution, adopted by the affirmative vote of not less than three (3) members of the City Council. Any vacancy on any board or commission, from whatsoever cause arising, shall be filled by resolution, carried by not less than three (3) affirmative votes of the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such terms.
WHEREAS, Council Member Uptergrove has nominated
to the Planning Commission, for a term concurrent to the Council Members term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
The City Council ratifies Council Member Uptergrove’s nomination and appoints to the Planning Commission.
PASSED, APPROVED AND ADOPTED this 25th day of January, 2023. ________________________________
Gabriel Reyes, Mayor
_____________________________
Brenda Lopez, City Clerk, CMC
265
RESOLUTION NO. 23-07
PAGE 2
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-07 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 25th day of January 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 25th day of January, 2023.
_________________
Brenda Lopez, City Clerk, CMC
266