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HomeMy WebLinkAboutAgenda Statement 1985/08/06 Item 15 COUNCIL AGENDA STATEMENT Item "14- /5- ,� / 1-C Meeting Date 3/85 ITEM TITLE: Ordinance 2122 - Amending Chapter 8.20 of the Municipal Code by Adding a New Section 8.20.025 Regulating Vending Vehicles Near Elementary School Facilities ,- SECOND READING AND ADOPTION SUBMITTED BY: Assistant City Attorney fc (4/5ths Vote: Yes No ) This ordinance would prohibit vending vehicles from stopping or parking within 500 feet of an elementary school property between 7:00 a.m. and 4:00 p.m. on regular school days. RECOMMENDATION: Place Ordinance on First Reading BOARDS/COMMISSIONS RECOPMENDATION: The Safety Commission recommended that the City Council adopt an ordinance prohibiting vending vehicles from stopping or parking within 500 feet of school property. DISCUSSION: Xt its meeting of July 16, 1985, the City Council referred Ordinance 2122 to the City Attorney's office for revisions of the proposed language prior to its adoption. The Council requested that the proposed language be amended to limit the prohibition to elementary schools. In addition, the Council generally discussed whether or not the proposed ordinance (as amended) would apply to public and private schools. The Council requested that the City Attorney's office provide a report relating to this matter and to contact the Sweetwater Union High School District regarding the "designation" of spaces for the use of vending vehicles. The amendment to Ordinance 2122 limits the application of the prohibition to an area within 500 feet of an elementary school. An elementary school is defined as all public or private schools in which instruction is given through grade 8, unless the students are attending a junior high school. It is this office's understanding that the Chula Vista City School District has established junior high schools. Said junior high schools would not fall within the definition of an elementary school. The definition provided in Ordinance 2122 is pursuant to Education Code Section 60024. Chapter 8.20 of the Chula Vista Municipal Code establishes regulations for the operation of food vending vehicles within the City of Chula Vista. Section 8.20.030 provides that a food vending vehicle may stop on private property for the purpose of selling, giving away, displaying or offering for sale any food or beverage product to the owner of such property or his agents, customers, or employees. Accordingly, Ordinance 2122 has been amended to Page 2, Item �-� Meeting Date-7-21-85 limit its application to public streets. A vending vehicle operating with the consent of the owner on private property would not be prohibited from selling its merchandise pursuant to Ordinance 2122. We note, however, that a vending vehicle operating on private property without the property owner's permission, or selling merchandise to any person other than the owner of such private property or the owner's agents, customers, and employees would be in violation of Section 8.20.030 of the Chula Vista Municipal Code. Section 8.20.030 of the Chula Vista Municipal Code prohibits vending vehicles from operating on public property, which would include property owned by the City of Chula Vista or the School Districts, unless authorized by "lawful authority." Accordingly, with the consent of the School District or the City Council, vending vehicles could sell from property owned by those respective public entities. Attached hereto, is a copy of correspondence sent by this office to the Superintendent of the Sweetwater Union High School District relating to the Council's suggestion for the designation of spaces and informing said District that the amended ordinance would not prohibit vending vehicles from operating _ near their facilities. ?ISCAL IMPACT: N/A 0532a �' ►Z� c--,c--gy..,- by the C.*.1 Council C Chuta Vista, C4.liforni3 Dated _27.7Z11.12±_____—r- 4----e c c, 1,-tee `'-c ' c.). - c Notification List: Ordinance - Amending Chapter 8 .20 of the Municipal Code by Adding a new Section 8 .20 .025 Regulating Vending Vehicles near School Facilities: Jim Valencia Chula Vista City School District 1185 Nacion Avenue 84 East "J" Street Chula Vista, Ca. 92011 Chula Vista, Ca. 92010 Karen Rice Sweetwater Union High School District 1175 Nacion Avenue 1130 Fifth Avenue Chula Vista, CA. 92011 Chula Vista, Ca. 92011 Ray Morris Linda Sparks Genorah Morris 111 E . Orlando Street 1662 Melrose Avenue Chula Vista, CA. 92011 Blanca "Rosie" Bystrak Palomar Elementary School 24 Tourmaline Street 300 East Palomar Street Chula Vista, Ca. 92011 Chula Vista, Ca. 92011 Stephanie Conder Jim Gray 74 East Rivera Place 9 East Oneida Court Chula Vista, Ca. 92011 Chula Vista, Ca. 92011 Larry Perondi Dr. Cheryl Cox 991 Nolan Way Hilltop Drive Elementary School Chula Vista, Ca. 92011 30 Murray Street Chula Vista, Ca. 92010 Maria Sutter 1531 Grand Teton Court *J. W. Powell Chula Vista, Ca. 92011 1754-1/4 National Avenue San Diego, Ca. 92111 Palomar PTA 330 East Palomar Street *Frozen Ice Cream, Inc. Chula Vista, Ca. 92011 920 S . 33rd Street San Diego, CA. 92113 Quentin Stokes, Chairman *Vendors Safety Commission Dan Blacks ton Police Department Jeannette Schedel Revenue & Recovery Officer 7?e-1..-t a. ,