CITY OF OAKLAND

CITY COUNCIL AGENDA REPORT

TO:
ATTN:
FROM:
DATE:

Office of the City Manager

Robert C. Bobb
Community and Economic Development Agency
January 23, 2001

RE: REPORT ON ORDINANCE TO ADOPT AN EIGHTEEN-MONTH PUSHCART

FOOD VENDING PILOT PROGRAM TO GENERALLY BE LOCATED IN THE
MANUFACTURING AND COMMERCIAL CORRIDORS IN CITY COUNCIL
DISTRICTS 5, 6 AND 7, AN ORDINANCE AMENDING THE MASTER FEE
SCHEDULE (ORDINANCE NUMBER 9336 C.M.S) TO ADD A PUSHCART FOOD
VENDING FEE; AND A RESOLUTION AUTHORIZING THE CITY MANAGER TO
INCREASE REVENUE AND APPROPRIATE $15,000 IN REVENUE AND
EXPENDITURE TO THE COMMUNITY AND ECONOMIC DEVELOPMENT
AGENCY BUILDING SERVICES DIVISION.

SUMMARY
The City Council is requested to consider adoption of a Pushcart Food Vending Pilot Program
Ordinance to regulate the use in a limited area during an eighteen-month period. This ordinance
is to be considered in conjunction with the proposed Vehicular Food Vending Pilot Program
Ordinance. Pushcart vendors (vendors) sell ready-to-consume prepared foods from carts and
wagons and typically operate in the public right-of-way on sidewalks. Vendors may stay in one
location or roam during business hours. Per Municipal Code sections 5.48.050: Peddling
foodstuffs from vehicles, 5.48.070: Peddlers' carts, stands, and 12.08.030: Public sidewalk
encroachments, pushcart food vending is not permitted on public property in the City of
Oakland. However, a windshield survey in November, 2000, indicated that pushcart food
vending is an active and popular use throughout the City of Oakland, especially in City Council
District 5. At the same time, community members complain about litter, unsanitary conditions,
and traffic safety issues related to pushcart food vending. Alameda County staff has expressed
concern about illegal vending and the potential for unsanitary conditions and unsafe food
products.
The proposed ordinance would provide a regulatory framework to implement a Pushcart Food
Vending Pilot Program (pilot program). The pilot program would be located entirely within City
Council Districts 5, 6, and 7, generally within the commercial and manufacturing corridors on
San Leandro Boulevard, International Boulevard and Foothill Boulevards between 19th Avenue
th
to the west and 98 Avenue to the east, and on Fruitvale Avenue and High Streets between the I880 Freeway and Foothill Boulevard (see Attachment A to this report). The City Council would
have an opportunity to assess the success of the pilot program after an eighteen-month period. If
the program is successful, it could be expanded to other areas within the City of Oakland.

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January 23 200 I

FISCAL IMPACTS

An application fee would in part defray any costs associated with implementation and
enforcement of the proposed pilot program. The Building Services Division of the Community
and Economic Development Agency (CEDA) would assess costs associated with enforcement of
the ordinance during the eighteen-month pilot program. One objective of the pilot program is to
determine and offset any fiscal impacts.
Specifically, pushcart food vendors would be required to pay a $500 application fee. The pilot
program would allow 30 permits to be issued. The permit fees would generate $15,000 in
revenue. Permit fees would cover the cost of pilot program administration, regular enforcement
and compliance. An ordinance amending the Master Fee Schedule and a resolution increasing
revenues and authorizing appropriation of $15,000 to the Building Services Division is attached
to this report (see Attachment C).
Building Division staff would provide administration, monitoring and enforcement through
regular Building Services counter and inspection schedules. The workload would be
accommodated in the regular work week and would not be scheduled as overtime. Because the
proposed regulations would be consistent with and support County of Alameda regulations, pilot
program implementation, enforcement and monitoring would in tum be supported by County of
Alameda regulatory enforcement activities.

BACKGROUND
City Council Actions

The City of Oakland's current vending regulations, originally codified in 1932 and last amended
in 1980, do not address the diverse types of street vending that presently occur or those that may
be desirable.
On July 24, 1990, a special session of the City Council considered a proposal to permit vending
on public property (sidewalks) at approximately thirteen locations throughout the City of
Oakland. City council accepted the report and instructed staff to expand the proposal to include
guidelines for regulating vending activities citywide, focussing on those activities that occur on
private property within commercially zoned areas.
On October 29, 1991, the City Council Public Safety Committee held a special meeting to
review a report presented by the City Manager's Office. The report proposed an amendment of
the City's Municipal Code Regulations to implement controls for street vending sales activities.
No action was taken.

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January 23 2001

At a June 16, 1998 Public Safety Committee meeting, staff presented a report on existing
problems with peddlers and vendors in East Oakland. According to staff, without specific
enforceable regulations, police officers encounter difficulties addressing nuisances related to
peddling. Staff was directed to present a follow-up report in January 1999 regarding efforts to
address the problems.
On January 19,1999, staff presented a follow-up report to the Public Safety Committee
summarizing existing City of Oakland regulations related to peddlers and vendors. The report
indicated that the current regulations specifically prohibit vending in the downtown, on any
public street or sidewalk, or within 500 feet of the entrance or exit of any public park, building or
grounds.
Survey of Pushcart Food Vending Uses
In November 2000, staff conducted a windshield survey throughout the City of Oakland and
identified a minimum of 25 pushcart food vending businesses, of which 20 were located within
City Council District 5. This is a conservative estimate, given that pushcart food vending is
more popular in the warmer summer months and may be less prevalent at the time of the survey.
The proposed pilot program area would include approximately eighty percent of the pushcart
food vending businesses identified in the windshield survey.
Community Viewpoints
Staff held two community meetings on October 26,2000, and November 13,2000 to receive
input to the pushcart food vending planning process. In addition, staff has received
approximately 25 phone calls and written comments regarding pushcart food vending and the
proposed ordinance. Staff has documented both support of and opposition to pushcart food
vending, as described below:

Proponents ofPushcart Food Vending: Two groups voiced support of pushcart food vending,
including customers and vendors. Customers appreciate the convenience and availability of
prepared and specialty foods, and believe that pushcart food vendors contribute to the
streetscape in the commercial neighborhoods where vending occurs. Vendors support the
entrepreneurial aspect of pushcart food vending and the diversified employment
opportunities offered by this business type.
Opponents ofPushcart Food Vending: Residents living and working near pushcart food
vendors complained about litter, pedestrian safety and crowded sidewalks where pushcart
food vending occurs. Community members specifically stated concerns about the safety of
children and traffic congestion when pushcart food vending occurs near schools. In addition,
business owners have contacted staff to complain about sticky and dirty sidewalks resulting
from pushcart food vending.

In addition to the community viewpoints about pushcart food vending noted above, the pushcart
food vendors raised the following issues regarding the proposed ordinance:

CEDA Committee

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January 232001

Number ofPermits: Some pushcart food vendors would like to have an unlimited number of
permits available to ensure that everyone who is currently vending could apply for and
receive a permit. Other vendors are concerned that, without limits on the number of permits
issued, market oversaturation and unfair competition may occur.
Method ofPermitting: Pushcart food vendors who currently have County of Alameda
Environmental Health Services health permits would like to have priority when applying for
the limited number of permits that would be available for the pilot program. However, new
and future potential vendors would also like an opportunity to apply for and receive permits.
Enforcement: Vendors seek fair and consistent enforcement of local regulations. In
addition, vendors would like adequate protection to ensure their safety on the streets.
Pilot Program Area: The proposed pilot program area excludes certain desirable pushcart
food vending locations within the Fruitvale district.

KEY ISSUES AND IMPACTS

Existing Zoning Regulations

Pushcart Food Vending on public property is considered "peddling" and is currently prohibited
in the City of Oakland under Chapters 5.48.050, Peddling foodstuffs from vehicles, 5.48.070,
Peddlers' carts, stands, and 12.08.030, Public sidewalk encroachments, of the City of Oakland
Municipal Code, and is only permitted on private property or within the context of regulated
street markets. However, a recent windshield survey identified approximately 25 pushcart food
vendors throughout the City of Oakland, and concentrated in Council District 5.
Enforcement

Pushcart food vending is currently not permitted in the City of Oakland, does not generate
business tax revenues, and is subject to enforcement. Police enforcement currently consists of
distributing information fliers regarding existing and proposed regulations and verbally
informing pushcart food vendors that pushcart food vending is currently illegal. In addition, the
Oakland Police Department responds to complaints received regarding nuisances, such as litter
and traffic safety concerns, related to pushcart food vending. However, because no pushcart
food vending regulations currently exist, the County of Alameda Health Agency and the City of
Oakland are currently unable to provide adequate enforcement to protect the community from
nUIsances.
The Division of Building Services would enforce the proposed regulations. Building Services
staff would conduct unannounced periodic surveys throughout the City of Oakland. Pushcart
food vending enterprises located outside of the pilot program area would be cited for
noncompliance with existing regulations. Pushcart food vending enterprises located within the
pilot program area and operating without a Pushcart Food Vending Permit would be cited for

CEDA Committee

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January 23 2001

noncompliance with the proposed ordinance. Pushcart food vending enterprises located within
the pilot program area and operating with a Pushcart Food Vending Permit and who are in
noncompliance with the permit criteria would also be cited.
Environmental Determination

The California Environmental Quality Act (CEQA) identifies projects that qualify for statutory
exemptions from environmental review. Section 15311(c) exempts "mobile food units".
Health Issues

The County of Alameda regulates sanitation requirements for mobile food facilities, including
pushcart food vending, under California State law. The California Health and Safety Code,
Article 11. Mobile Food Facilities, governs sanitation requirements for mobile food facilities,
including pushcart food vending uses. Specifically, the County of Alameda regulates the
following aspects related to pushcart food vending:
o Requirements for handling of prepackaged and non-hazardous foods (such as factory
wrapped and sealed snack foods and other non-perishable food), non-prepackaged and nonhazardous foods (such as popcorn and soft pretzels), prepackaged and potentially hazardous
foods (such as ice cream bars, milk), and potentially hazardous foods (such as hot dogs);
o Construction standards for mobile food facilities to ensure proper sanitation, temperature
control, and protection from contamination; and
o Provision of unobstructed access along public rights-of-way.
The County of Alameda is responsible for enforcing state regulations. County staff is
particularly concerned about controlling the location and sanitary conditions of food preparation
facilities, as well as the sanitary condition of pushcart vending equipment. In addition, county
staff is interested in ensuring vendor accountability for food quality through the permit process.
County staff has indicated that enforcement of county regulations is difficult without supporting
local regulations.

PROPOSED PUSHCART FOOD VENDING PILOT PROGRAM

Pushcart food vending generally has the following characteristics:

Pushcarts are owned and operated by the same individual and/or business;
Food is prepared at a commissary or location other than the pushcart;
Food is ordered and served directly from the pushcart;
Food and beverages are served in disposable wrappers, plates or containers;
No space is provided for customer queuing or consumption of food; and
The operator operates on public sidewalks.

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January 232001

The proposed Pushcart Food Vending Pilot Program would include the following components:
An Ordinance to permit and regulate the pushcart food vending use; Amendments to chapters
5.48.050,5.48.070 and 12.08.030 of the Municipal Code, and the addition of Chapter 5.49,
Pushcart Food Vending, to permit and regulate the use; Implementation of an administrative
permit process; Enforcement of regulations; A limited timeframe; A limited geographic area; and
a monitoring and review component designed to evaluate the success of the pilot program.
Permit fees would be collected and would in part pay for program implementation and
enforcement.
The project components are described below:

Pushcart Food Vending Ordinance: The Pushcart Food Vending Ordinance (ordinance), if
adopted, would become a section of the Municipal Code, under Title 5: Business Licenses
and Regulations. The ordinance would establish the framework for regulating the pushcart
food vending use as a pilot program (see Attachment B to this report). The ordinance would
outline the required permit application process for the pushcart food vending use, the
administration and enforcement of the use, and the timeframe and geographic area in which
the use could occur during the pilot program.

The proposed pushcart food vending regulations include the following highlights:
o A limited number of available permits to simplify enforcement efforts and avoid
oversaturation of the pilot program area;
o Permit priority for individuals who already hold County of Alameda health permits
to ensure fairness;
o Regulations requiring site clean-up and other minimum sanitary standards to protect
the community from grime and health hazards;
o A required minimum distance between pushcart food vendors to reduce unfair
competition and hazards to pedestrians;
o A required minimum sidewalk clearance to allow safe passage to all pedestrians;
o Restrictions on vending locations to concentrate the use in commercial and industrial
areas (and away from schools and residential areas); and
o Consistency with County of Alameda health permit regulations.

CEDA Committee

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January 23 2001

Administrative Permit Process: The Building Division of the Community and Economic
Development Agency (CEDA) would implement the Pushcart Food Vending Pennit process.
The Pushcart Food Vending Pennit (pennit) would be an administrative pennit that could be
processed without discretionary review. The pennit application would include a mandatory
filing fee of $500, and any approved pennit would be valid throughout the pilot program
timeframe (unless otherwise revoked for any of the reasons discussed below).

The pennit process would include a priority for individuals who hold a County of Alameda
health pennit at the time of application. Additional pennits would be issued on a first-come,
first-served basis, and the Building Division would maintain a waiting list once all pennits
have been issued.

Permit Criteria: The pennit would include a requirement that pushcart food vending uses
meet an established set of criteria designed to ensure minimum sanitary and safety standards,
as identified in the proposed Chapter 5.49, Pushcart Food Vending. The criteria are designed
to respond to community concerns about community appearance and neighborhood quality of
life.

Pilot Program Enforcement: The Building Division of CEDA would enforce the pushcart
food vending regulations by conducting periodic inspections of the sites where the use is
located. These inspections could be unannounced or in response to a neighborhood
complaint. Inspectors would be equipped with the regulations codified in Municipal Code
Chapter 5.49, Pushcart Food Vending, which could be evaluated during the inspection. The
pushcart food vendor would be required to provide the inspector with a copy of the Pushcart
Food Vending Pennit, demonstrate compliance with pennit regulations, and to cooperate
with inspections. Should a pushcart food vendor fail to cooperate with an inspection or be
found to be in noncompliance with any criteria, the inspector would recommend revocation
of the Pushcart Food Vending Pennit to the Building Division. The Building Division would
provide non-compliant pushcart food vendors with notification of pennit revocation by mail.
The applicant would be given 10 days to demonstrate compliance and reapply for a pennit.

In addition to enforcing pennits, the Building Division would have authority to inspect any
incidences of illegal pushcart food vending. Inspectors would be able to cite any pushcart
food vendor operating without a pennit and issue an order to abate.
Enforcement inspections would occur throughout the City of Oakland, and not solely within
the proposed pilot program area. Pushcart Food Vendors operating outside of the pilot
program area would be cited accordingly.
Finally, the Building Division would serve as the repository for the public record related to
pushcart food vending, and would receive and respond to all complaints concerning the
proposed regulations.

CEDA Committee

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January 23 2001

Pilot Program Timeframe: The pilot program would have an eighteen-month duration,
beginning on the date of adoption of the Pushcart Food Vending Ordinance. At the end of
the pilot program, City Council could consider reinitiating the pilot program, revising and
expanding the ordinance, or adopting a permanent program. Should the City Council take no
action, the pilot program would terminate on a date certain eighteen months following
adoption of the ordinance.

Pilot Program Area: The pilot program would be located entirely within City Council
Districts 5, 6, and 7. Within City Council Districts 5,6, and 7, pushcart food vending would
only be permitted on certain streets and within certain zones, as described below, and as
shown in Attachment A to this report:
o Streets: The pushcart food vending use would be permitted on sidewalks located on
Fruitvale Avenue and High Street between Interstate 880 to the west and Foothill
Boulevard to the east, Foothill Boulevard between 19 th Avenue to the north and
MacArthur Boulevard to the south, International Boulevard between 19th Avenue to the
north and 105 th Avenue to the south, and San Leandro Boulevard between Fruitvale
Avenue to the north and 98 th Avenue to the south.
o Zones: The pushcart food vending use would be permitted in the C-20 Shopping Center
Commercial, C-28 Commercial Shopping District, C-30 District Thoroughfare
Commercial, C-40 Community Thoroughfare Commercial, M-20 Light Industrial, M-30
General Industrial, and M-40 Heavy Industrial zoning districts. Pushcart food vending
would not be permitted in any other zoning district.
o Travel: Pushcart food vendors may travel along any public right-of-way within the City
of Oakland. However, vending would only be permitted within the pilot program area.
Pushcart food vendors would not be allowed to vend, expose or otherwise advertise
merchandise, solicit sales, or loiter outside of the pilot program area.

Pushcart food vending outside of the pilot program area would continue to be prohibited.
Vendors have requested the addition of the following streets near International Boulevard:
th
16 Street, near Fruitvale Avenue; 15 th Street, near Fruitvale Avenue; 34 th Avenue; 35 th
th
th
th
Avenue; 38 Avenue; 47 Avenue; 48 Avenue; and 53 rd Avenue. Vendors currently use
those street to travel between vending locations, as well as to vend. However, the requested
locations are primarily residential and institutional. In order to protect residential areas from
the impacts of commercial uses, staff recommends prohibiting vending on the requested
streets.
Pushcart food vending is otherwise permitted on private property, consistent with Municipal
Code Chapter 5: Business Licenses and Regulations.

Amendments to the Municipal Code: Chapters 5.48.050, Peddling foodstuffs from vehicles,
5.48.070, Peddlers' carts, stands, and Chapter 12.08.030, Public sidewalk encroachments,
would be amended to explicitly exclude the Pushcart Food Vending Pilot Program from
existing regulations. Chapters 5.48.050 and 5.48.070 prohibit the vending of food from carts

CEDA Committee

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January 232001

on public sidewalks throughout the City of Oakland. Chapter 12.08.030 specifically

prohibits the "selling of any wares on the sidewalk area".
The Municipal Code would also be amended to include a new definition for the pushcart
food vending use and a new Chapter 5.49, Pushcart Food Vending, that would regulate the
pushcart food vending use.

Monitoring and Review Component: The pilot program would include a monitoring
component designed to provide the City Council with a tool for measuring the success of
each component at the end of the pilot program. The Building Division would maintain a
record of all regulation enforcement activities that occur throughout the pilot program.
Following the first 12 months of the pilot program, City staff would prepare a report
describing enforcement activities, the level of compliance and non-compliance with the pilot
program regulations, and recommending termination of, revisions to and/or continuation of
the pilot program. Staff would request the City Council to take action prior to the end of the
pilot program.

ENVIRONMENTAL OPPORTUNITIES
The proposed Pushcart Food Vending Pilot Program would not provide specific environmental
opportunities, nor would the program result in any detrimental environmental effects.

DISABILITY AND SENIOR CITIZEN ACCESS

Under the Pushcart Food Vending Ordinance, applicants for the Pushcart Food Vending Permit
would be required to comply with the Americans with Disabilities Act and all other City
regulations that ensure adequate access for senior citizens and people with disabilities.
Specifically, pushcart food vendors would be required to leave adequate pedestrian and
wheelchair passage along sidewalks where they locate.

RECOMMENDATION AND RATIONALE

Staff recommends adoption of the Pushcart Food Vending Pilot Program Ordinance and approval
of the enabling Municipal Code amendments. The advantages of regulating pushcart food
vending are as follows:
(1) Pushcart food vendors would likely seek permits if a streamlined permit process were to
exist;
(2) Pushcart food vending would be easier to monitor and enforce with an established permit
process and a limited number of available permits;
(3) The proposed permit application process would ensure that permitting is fair to all eligible
applicants;

CEDA Committee

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January 232001

(4) Easier monitoring and enforcement would reduce nuisance activities that occur within the
vicinity of pushcart food vending businesses;
(5) The location of pushcart food vending businesses could be controlled in order to avoid unfair
competition and oversaturation of an area and to reduce impacts on predominantly residential
areas;
(6) Minimum standards for location and operation could be enforced; and
(7) The permit criteria would reinforce Alameda County health standards and support general
food quality_
The following points provide rationale for this recommendation:

The proposed Pushcart Food Vending Pilot Program would provide benefits for pushcart
food vendors, customers, and for the community_ The proposed Pushcart Food Vending Pilot
Program would achieve the following objectives: Permit a new use in the City of Oakland;
Establish a trial period to test the proposed regulations; and provide a means for evaluating
and revising the regulations following the trial period.

Under the Pushcart Food Vending Pilot Program, pushcart food vending would be permitted
in designated locations. Permits would protect pushcart food vendors from unfair
competition and undesirable interrogations from the police and other authorities.

The Pushcart Food Vending Permit would require that pushcart food vendors meet certain
operational criteria. The criteria are designed to protect the health and safety of the
customers and to reduce impacts on the surrounding community. Meeting the criteria would
ensure that pushcart food vending contribute to both an entrepreneurial and culturally rich
business climate and to neighborhood character in the City of Oakland.

The Pushcart Food Vending Pilot Program would provide a means for City staff to
implement and enforce the pushcart food vending use. Field inspectors could use codified
regulations to determine regulatory compliance. In addition, at the end of the pilot program,
the City Council would have an opportunity to evaluate the success of the program and
provide revisions or terminate the program, as necessary.

CEDA Committee

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January 23 2001

ACTION REQUESTED OF THE CITY COUNCIL

1. Adopt the Pushcart Food Vending Pilot Program Ordinance and approve proposed
amendments to the Municipal Code to regulate pushcart food vending.
2. Amend the Master Fee Schedule to establish a $500 permit fee for pushcart food vending
during the pilot program.
3. Approve the resolution increasing revenue and appropriations in the amount of$15,000 in
permit revenues and expenditure for the purpose of implementing the Pushcart Food Vending
Pilot Program.

Respectfully submitted,

WILLIAME.C
Executive Director
Prepared by:
Catherine Payne, Planner III
Strategic Planning Division

APPROVED AND FORWARDED TO THE

CITY COUNCIL:

- ~

Q.,

~ etU-~J,..

OFFICE OF THE CITY MANAGER

-12-

CEDA Committee

Attachments:

A.
B.

c.

January 232001

Map: Proposed Pushcart Food Vending Pilot Program Area

Proposed Pushcart Food Vending Pilot Program Ordinance
Proposed Master Fee Schedule Amendment

CEDA Committee

January 23,2001

ATTACHMENT B: Proposed Pushcart Food Vending Pilot Program Ordinance

--\

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,~

JAN

OAKLAND CITY COUNCIL

ORDINANCE

INTRODUCED BY COUNCILMEMBER

No.

C.M.S.

-----------d(\d:

ORDINANCE ESTABLISHING AN EIGHTEEN-MONTH PUSHCART FOOD VENDING PILOT

PROGRAM TO GENERALLY BE LOCATED WITHIN THE MANUFACTURING AND
COMMERCIAL CORRIDORS ON FRUITVALE AVENUE AND HIGH STREET BETWEEN 1-880 TO
THE WEST AND FOOTHILL BOULEVARD TO THE EAST, AND SAN LEANDRO BOULEVARD,
INTERNATIONAL BOULEVARD, AND FOOTHILL BOULEVARD BETWEEN 19TH AVENUE TO
THE NORTH AND 98 TH AVENUE TO THE SOUTH.
WHEREAS, on July 24, 1990, a special session of the City Council considered a proposal to permit vending
on public property on (sidewalks) at approximately thirteen (13) locations throughout the City. The council
accepted the report and instructed staff to expand the proposal to include guidelines for regulating vending
activities citywide on private property, specifically in commercially zoned areas; and
WHEREAS, on October 29, 1991, the City Council Public Safety Committee held a special meeting to
review a report presented by the City Manager's Office that proposed an amendment to the City's Municipal
Code Regulations to implement controls for street vending activities; and
WHEREAS, the Anti-Grime Task Force seeks legalization of certain types of vending and improved
enforcement actions against illegal vending; and
WHEREAS, the pushcart food vendors provide a service to the Oakland community with convenient hours
of operation; and
WHEREAS, this Ordinance will establish an eighteen-month pilot pushcart food vending program
(program) that permits pushcart food vending on public sidewalks in designated areas in Oakland; and
WHEREAS, the program will enliven the streetscape in the areas where it occurs; and
WHEREAS, the program will not compete with adjacent retail businesses; and
WHEREAS, under appropriate circumstances, pushcart food vending has the potential to provide
commercial variety and encourage additional pedestrian traffic; and
WHEREAS, in some areas pushcart food vending could provide additional visual interest to established
commercial activities, thereby strengthening commercial districts and/or locations; and

eo .....\

JAN 2 3 2001
ordinance

WHEREAS, pushcart food vending provides an opportunity for individuals to be self-employed and
contribute to the community; and
WHEREAS, pushcart vendors would be licensed and pay taxes to the City, thereby expanding the City's tax
base; and
WHEREAS, the City of Oakland supports entrepreneurial development; and
WHEREAS, the regulations contained herein will regulate specific activities to ensure that the public rightof-ways remain safe and useful for their primary purpose and are attractive to the public; and
WHEREAS, this project shall continue for eighteen months from the effective date; and
WHEREAS, the requirements of the California Environmental Quality Act (CEQA) of 1970 are satisfied,
and Section 15311 (c) exempts mobile food vending uses; and
WHEREAS, the City Council finds and determines that the public safety, health, convenience, comfort,
property, and general welfare will be furthered by the proposed Pushcart Food Vending Pilot Program;
NOW THEREFORE, THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
Section 1: The City Council finds and determines the foregoing recitals to be true and correct and hereby
makes them a part of this Ordinance.
Section 2:
A.
Sections 5.48.050 and 5.48.070 of the Oakland Municipal Code are amended to read as follows:
Chapter 5.48.050, Peddling foodstuffs from vehicles:
It is unlawful for farmers, hucksters or vendors of fruits, vegetables, fish or dairy products to display for sale
such goods, wares and merchandise to the passing public in or from wagons, vehicles or portable stands on the
streets or sidewalks of the city; provided, however, that nothing in this section contained shall be construed as
forbidding the peddling of such goods, wares or merchandise from house to house in wa ons or other vehicles
"''''i'a
as rna be permitted b re ulations elsewhere set forth in this title.--'"''

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pI:2gra " , e ec'

code 5-10.05).

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Chapter 5.48.070 Peddlers' carts, stands.

It is unlawful for any person having charge or control of a cart, wagon or any vehicle used for the vending of
goods, wares, merchandise, foods, confections, refreshments or other article, therefrom commonly known as
peddlers' carts, wagons or vehicles to occupy, or permit to be occupied, as a stand for such cart, wagon or
vehicle, any portion of any street, lane, alley or sidewalk in the city, or to cause or permit such cart, wagon or
vehicle to stand within five hundred (500) feet of any entrance or exit to any public park, public buildin or
public grounds for the purpose of peddling such goods or merchandise therefrom. HO''' .

~r~~;~fJ>a:kialfa'f1i'bi~~t!'(rtbe~E~'shc~IjIFOoll>YeDding'pittiffi:()gr~DlYO"dili .

~Mdtfaci!~;.redli.ll~dtext indicates revisions and additions to the existing language.

ordinance

.,.

Nothing in this section shall be so construed as to conflict with, or repeal, any provision of this code or any
ordinance establishing and regulating a street market in the city. (Prior code 5-10.08)

B.

Chapter 5.49 is added to the Oakland Municipal Code to read as follows:

Chapter 5.49: Pushcart Food Vending Pilot Program
5.49.010 Purpose.
The general purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity, and
general welfare by requiring that new and existing pushcart food vendors provide residents and customers with
a minimum level of cleanliness, quality and safety.
5.49.020: Definitions.
For the purpose of this Ordinance, the following words or phrases shall mean or include:
A. "Permit" is an approval that enables the holder to vend food items at authorized locations and times,
throughout the duration of the Pushcart Food Vending Pilot Program.
B. "Vending" is the business of selling or causing to be sold any of the following items: produce, prepared
foods, prepackaged foods and non-alcoholic beverages.
C. "Vending Equipment" includes but is not limited to any materials, merchandise, tools, carts, tables, or other
items owned by, in the possession of, or associated with both the City of Oakland and the licensed pushcart
food vendor.
D. "Pushcart Food Vendor" or vendor is a person who owns and operates a business vending from a pushcart.
No vendor shall be issued more than one City of Oakland Pushcart Food Vending Permit.
E. "Pushcart" is a piece of vending equipment with a maximum length of eight (8) feet, maximum depth of six
(6) feet, and a maximum height of eight (8) feet. Pushcarts are intended to store all materials and
merchandise related to the vending activity, and are easily moved by a person or vehicle.
F. "Pedestrian" is a person who is walking or otherwise travelling in the public right-of-way.
G. "Pilot Program" is an eighteen-month period, beginning on the effective date of this Ordinance, during
which pushcart food vending will be permitted in the City of Oakland within the parameters and criteria set
forth in this Ordinance.
5.49.030: Effective Date.
Permits issued under this ordinance shall remain in effect for a period of eighteen months from the effective
date, at the end of which time the City Council will consider terminating, expanding and/or revising these
regulations. Should the City Council take no action, then this any permits would automatically terminate
eighteen months after the effective date of the ordinance.
5.49.040: Permit Required.
Any new or existing Pushcart Food Vendor who desires to vend in the City of Oakland shall apply for and
obtain a Pushcart Food Vending Permit prior to conducting pushcart food vending. It shall be unlawful to sell,
offer for sale, or solicit offers to purchase food from a pushcart in the pilot program area without first obtaining
a Pushcart Food Vending Permit from the Building Division. All applicants shall be required to submit the
following information in order to qualify for a Pushcart Food Vending Permit.
A. The applicant shall obtain a Pushcart Food Vending Permit Application from the City of Oakland Building
Services Division.
B. In order for the Pushcart Food Vending Permit Application to be deemed complete, the applicant shall
provide the Building Division with the following:
1. Completed Pusbcart Food Vending Permit Application;
2. Mailing address for notification;
3. Legal names of pushcart food vending business owner/operator;
4. Proof of valid City of Oakland Business Tax Certificate;
5. Proof of valid County of Alameda Health Agency, Environmental Health Services Health Permit;
6. Photocopy of valid California Drivers License for business owner/operator;

ordinance

7.
8.
9.

Six photographs (showing different views) of the pushcart;

Sample or rendering of advertising signs; and
A $50 non-refundable application fee or as modified in the City of Oakland Master Fee Schedule. A
permit fee of$500 or as modified by the City of Oakland Master Fee Schedule shall be paid prior to
issuance of the permit. The application fee shall be credited toward payment of the permit fee.
10. If a vendor proposes to vend from a single location for more than four consecutive hours at a time, the
vendor must identify the location and an available restroom to be used by the vendor.
C. The Building Division shall issue up to thirty (30) permits. Permit issuance will be prioritized as follows.
1. Holders of Alameda Health Agency, Environmental Health Services Health Permits will be given
priority for available permits. During the first thirty (30) days of application of these regulations, the
Building Division shall only accept and deem complete those permit applications for which an
Alameda Health Agency, Environmental Health Services Health Permit was previously issued.
2. After the first thirty (30) days of application of these regulations, permit applications shall be accepted
and deemed complete on a first-come, first-served basis.
3. Upon issuance of thirty (30) permits, the Building Division will accept applications on a first-come,
first-served basis for entry onto a permit waiting list. Should a permit be revoked or otherwise become
available, the first applicant on the permit waiting list shall be contacted immediately and offered the
available permit.
4. At no time shall more than thirty (30) permits be active.
5. The permit applicant shall obtain the permit within fourteen (14) days of permit availability or said
permit application shall expire.
D. The Building Division shall process permit applications at the time or receipt at the permit counter.
5.49.050: Geographic Area.
Pushcart food vending shall only occur in the following geographic areas of Oakland:
A. Sidewalks: Pushcart food vending shall be permitted on public sidewalks located on Fruitvale Avenue and
High Street between Interstate 880 to the west and Foothill Boulevard to the east, Foothill Boulevard
between 19 th Avenue to the north and 105 th Avenue to the south, and San Leandro Boulevard between
Fruitvale Avenue to the north and 98 th Avenue to the south. Vendors may transport pushcart vending
equipment throughout the City of Oakland. However, vending, including selling, offering for sale, or
soliciting offers to purchase food, is restricted outside of the streets and zones identified in this section.
B. Zones: Along the street sections described above, pushcart food vending shall be permitted in the C-20
Shopping Center Commercial, C-28 Commercial Shopping District, C-30 District Thoroughfare
Commercial, C-40 Community Thoroughfare Commercial, M-20 Light Industrial, M-30 General Industrial,
and M-40 Heavy Industrial zoning districts.
C. Locations:
1. Vendors may vend at any location within permitted zones and along permitted sidewalks. However,
vendors shall maintain a 100-foot distance between one another while selling, offering for sale, or
soliciting offers to purchase food.
2. The pushcart food vendor shall not locate within 200 feet of any primary or secondary school or public
park.
3. Pushcart food vendors shall not vend or locate equipment adjacent to on-street parking spaces reserved
for disabled access, driveways, entries and exits from buildings or facilities, or adjacent to street
intersections where equipment may obstruct vehicle and pedestrian sight distance.
D. Travel: Pushcart food vendors may travel along any public right-of-way within the City of Oakland.
However, vending shall only be permitted within the pilot program area. Pushcart food vendors shall not
be allowed to vend, expose or otherwise advertise merchandise, solicit sales, or loiter outside of the pilot
program area.
5.49.060: ReEulations for Pushcart Food vendors.
A. Pushcart Food Vendors shall sell, offer for sale or solicit offers to purchase only in the area(s) designated
by the City Manager or his or her designee. The designation of any area in a public place under jurisdiction
is subject to approval of and to any rules and regulations imposed by such office.
B. Vending shall only occur within the hours of 7 a.m. to 10 p.m. Monday through Friday, and 8 a.m. to 10
p.m. Saturday and Sunday. The City of Oakland may require additional restrictions to abate nuisances.

ordinance

C. All Pushcart Food Vendors shall adhere to designated time and day requirements and shall be allotted onehalf hour set-up and one-half hour breakdown and travel time before and after stated selling hours.
D. No Pushcart Food Vendor shall sell, offer for sale, or solicit offers to purchase from any automobile or
truck.
E. Pushcart Food Vendors shall engage in their activities in designated areas of the City of Oakland in such a
manner that at all times there shall remain an open pedestrian passage of at least six feet in width, as
measured from the line perpendicular to the pushcart food vending activity and end of walkway, and
consistent with the Americans with Disabilities Act.
F. Vending equipment and merchandise shall occupy the pushcart only and shall not be stored, displayed or
otherwise placed in the public right-of-way or on public property.
G. Vending equipment shall be regulated in the following manner:
I. The Pushcart Food Vending Permit shall be affixed to the pushcart in a readily visible location at all
times.
2. Vending equipment, merchandise offered for sale or otherwise associated with the Pushcart Food
Vendor shall not block, impede or in any way hamper ingress or egress for parked vehicles, pedestrian
movement or cause or allow to cause any hazard to pedestrians.
3. Vending equipment shall be easily moved and shall be self-supporting; at no time shall vending
equipment be attached, tied or locked to trees, hydrants or any other permanent vertical structure or
bench.
4. Any vending equipment shall have the maximum length of eight (8) feet, maximum depth of six (6)
feet and a maximum height of eight (8) feet.
5. Up to two signs may be attached to the pushcart, with a maximum aggregate display surface of five (5)
square feet per sign.
6. The pushcart vending equipment shall be entirely self-sufficient in regards to gas, electricity, water,
and telecommunications.
7. No tables, chairs, fences or other site fumiture (temporary or otherwise) are permitted in conjunction
with the pushcart vending equipment.
8. Vendors shall remove all equipment upon order of City of Oakland.
9. Vendors shall not locate or create a vending activity that will negatively impact adjacent businesses or
residences.
5.49.070: Cleanup Responsibility and Liability for Damages.
A. Vendors shall maintain their sales location in a clean, hazard-free condition; failure to do so and failure to
clean the vending location of waste shall be cause for revocation or suspension of permit;
B. Vendors shall agree to defend, indemnify and hold harmless City, its offices and employees from any and
all damages or injury to persons or property proximately caused by any act or omission of the vendor or
any hazardous or negligent conditions maintained at their sales location.
C. Vendors shall not discharge materials onto the sidewalk, gutters, or storm drain.
5.49.080: Violation and Penalty.
A. The City Manager or his designated representative shall issue or cause to have issued citations for
violations of this Ordinance. Vendors in violation of this ordinance shall be subject to administrative
citations per Chapter 1.12 of the Oakland Municipal Code.
B. Any person vending without a duly issued permit and personal identification or found in violation of any of
the regulatory provisions of this Ordinance shall be guilty of an infraction.
C. Any person found guilty of an infraction, of which person has been given notice, shall not be punished by
imprisonment but may be fined.
D. If periodic inspections are necessary to monitor compliance, code enforcement reinspection fees per the
Master Fee Schedule shall be assessed.
5.49.090: Suspensions. Revocation or Denial of Permit.
A. Any permit issued pursuant to this Ordinance may be revoked or suspended for good cause or upon
violation of any provision of this Ordinance. Any person whose permit has been revoked or suspended
shall receive in writing an explanation of such action by the permit inspector. The reasons for denial,
suspension and revocation include:
1. Fraud or misrepresentation in the application for the certificate; or

ordinance

2.
3.
4.

Fraud or misrepresentation in the course of conducting the business of vending; or

Conducting the business of vending contrary to the criteria for the permit and/or regulations; or
Conducting the business of vending in such a manner as to create a public nuisance or to constitute a
danger to the public; or
5. Public use/repair of Right-of-Way.
B. The following factors shall be considered in determining whether a permit should be suspended or revoked
upon non-compliance with these regulations:
1. The number of citations for violation of this Ordinance previously received by the vendor; and
2. The number of previous suspensions and/or revocations imposed upon the vendor; and
3. The number of occasions for which the vendor's permit was subject to suspension or revocation and
was not suspended or revoked; and
4. The seriousness of the violation or misrepresentation and the danger to the health and/or safety of the
public presented by the vendor's misrepresentation, noncompliance and/or misconduct; and
5. Whether or not the condition subjecting the vendor to suspension or revocation is of a nature that can
be and/or has been corrected.
C. Any permit holder or applicant whose permit is suspended or revoked or whose application for a permit is
denied may, within fifteen (15) days of the date of action, notify the Building Division that the permit
holder desires reconsideration of that decision. A hearing before the City Manager of the request shall be
scheduled. The suspension or revocation will remain in effect pending the hearing. At the hearing, the
permit holder or applicant will be afforded the opportunity to be heard and present facts and witnesses on
his or her behalf. At that time, the City Manager or his or her designee will make a final decision.

C.

Section 12.08.030 of the Oakland Municipal Code is amended to read as follows:

Chapter 12.08.030, Public sidewalk encroachments-Types and definitions:
For the purpose of this title, encroachments upon the public street, alley, or "sidewalk area" shall be of three
types: major, minor, and short term. The sidewalk area shall be defined as that area between the property line
and the edge of the pavement or face of the curb. "Improved streets" shall be defined as streets with concrete
curbs, gutters and sidewalks. The displaying of wares, other than flowers or other aestheticall leasin ob'ects,
~s
and the selling of any wares on the sidewalk area shall be specifically prohibited. .-

..

_~::;:~;~~~;?";,ib!:"'~

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":ii';,;~,;~~lt~~~:.;\?;:.';.:y.l~~.~:;~~;:~rrt, . ~..

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As defined in this title, the term "aesthetically pleasing objects" excludes furniture and other utilitarian objects.
Permission to encroach shall be revocable at the pleasure of the City Council without recourse unless otherwise
provided herein. Nothing in this section shall apply to the operation or maintenance of sidewalk cafes.
A major encroachment, for the purposes of this title, shall be anything attached to a structure or constructed in
place so that it projects into the public right-of-way such as basement vaults, kiosks, covered conveyors, crane
extensions, earth retaining structures, and structure connected planter boxes, fences, or curbs. Projections over
any public street, alley or sidewalk in excess of the limitations specified in the Oakland Building Code shall
also be classified as major encroachments, including theater marquees, signs suspended above the sidewalk,
oriel windows, balconies, cornices and other architectural projections.
A minor encroachment, for the purposes of this title, shall be an encroachment into the public right-of-way
resting on or projecting into the sidewalk area, but which is not structurally attached to a building, such as
flowerpots, planter boxes, clocks, flagpole sockets, bus shelters, phone booths, bike racks, fences,
nonadvertising benches, curbs around planter areas, displays of flowers, fresh fruits and vegetables. Such
displays of fruits and vegetables shall not be allowed except when similar fruits and vegetable items are sold
indoors on the premises at that location. In commercial zones, minor encroachments shall basically be for
decorative or public service purposes with advertising signs specifically prohibited.
Short term encroachments into the public right-of-way, for the purposes of this title, shall be events open to the
public which take place upon streets and sidewalks such as semiannual art and handicraft shows and semiannual
sidewalk sales sponsored by merchant associations representing the majority of merchants in the area of the
show or sale, and semiannual block parties and other events. (Prior code 6-1.54)

ordinance

Section 3: The public safety, health and general welfare will be furthered by this Ordinance.
Section 4: This Ordinance shall be effective 60 days after adoption by the City Council pursuant to Section
213 of the City Charter.
Section 5: This Ordinance is enacted pursuant to the City of Oakland's general police powers, Section 106
of the Charter of the City of Oakland, and Article XI of the California Constitution.
Section 6: If any provision of this Ordinance or the application thereof to any person or circumstances is
held invalid, the remainder of this Ordinance and the application of such provisions to other persons or
circumstances shall not be affected.

ordinance

Section 7: To the extent this Ordinance is inconsistent with any other provisions of the Oakland Municipal
Code or the Oakland Planning Code, this Ordinance shall apply.

IN COUNCIL, OAKLAND, CALIFORNIA,

,2000

PASSED BY THE FOLLOWING VOTE:

AYES-

BRUNNER, CHANG, MILEY, NADEL, REID, SPEES, WAN, AND

PRESIDENT DE LA FUENTE

NOESABSENTABSTENTION-

ATTEST:

_
CEDA FLOYD

City Clerk and Clerk of the Council

of the City of Oakland, California

ordinance

CEDA Committee

January 23, 200 1

ATTACHMENT C: Proposed Master Fee Schedule Amendment

The proposed amendment to the Master Fee Schedule is the addition of new $500 fee to be
collected in association with the pushcart food vending permit application.
The proposed fee would be effective upon adoption of the proposed Pushcart Food Vending Pilot
Program Ordinance, and would cover the costs of pilot program implementation, administration,
enforcement and compliance.
Specifically, pushcart food vendors would be required to pay a $500 application fee. The pilot
program would allow 30 permits to be issued. The permit fees would generate $15,000 in
revenue. Permit fees would cover the cost of pilot program administration, regular enforcement
and compliance.
Building Division staff would provide administration, monitoring and enforcement through
regular Building Services counter and inspection schedules. The workload would be
accommodated in the regular work week and would not be scheduled as overtime. Because the
proposed regulations would be consistent with and support County of Alameda regulations, pilot
program implementation, enforcement and monitoring would in tum be supported by County of
Alameda regulatory enforcement activities.

.I J ~ 2 3 2001

OAKLAND CITY COUNCIL

ORDINANCE No.

INTRODUCED BY COUNCILMEMBER

- - - - - - - C.M.S.
_

\",J
AN ORDINANCE AMENDING THE MASTER FEE SCHEDULE (ORDINANCE
NUMBER 9336 C.M.S.) TO ADD A PUSHCART FOOD VENDING FEE.

WHEREAS, on July 24, 1990, a special session of the City Council considered a proposal to permit
vending on public property on (sidewalks) at approximately thirteen (13) locations throughout the City. The
council accepted the report and instructed staff to expand the proposal to include guidelines for regulating
vending activities citywide on private property, specifically in commercially zoned areas; and,
WHEREAS, on October 29, 1991, the City Council Public Safety Committee held a special meeting
to review a report presented by the City Manager's Office that proposed an amendment to the City's
Municipal Code Regulations to implement controls for street vending sales activities; and,
WHEREAS, City staff has identified approximately twenty-five (25) pushcart food vendors
operating illegally in the City of Oakland; and
WHEREAS, the pushcart food vendors provide a service to the Oakland community with
convenient locations; and,
WHEREAS, City staff has received complaints about nuisances related to the pushcart food vending
use; and
WHEREAS, implementation ofthe Pushcart Food Vending Pilot Program would result in increased
costs to the City for administration, enforcement and monitoring of the program, estimated at a cost of $500
per vendor; and
WHEREAS, it is anticipated that thirty (30) pushcart food vendors would apply for permits under
the Pushcart Food Vending Pilot Program; and
WHEREAS, fees would generate approximately $15,000 in revenues; and
WHEREAS, the City Council finds and determines that the public safety, health, convenience,
comfort, property, and general welfare will be furthered by enforcement of the Pushcart Food Vending Pilot
Program; now therefore,

JAN 2 3 2001
master fee ordinance

THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:

Section 1. Section G.29 (Community and Economic Development-Building Services-Code Compliance)
of the Master Fee Schedule as set forth in Ordinance Number 9336 C.M.S., as amended, is hereby amended
to add:
1.

Pushcart Food Vending

1. Application/Processing $50/pushcart (this fee shall be applied to permit fee)
2. Permit
$500/pushcart (includes application/processing fee)

Section 2. The City Council finds and determines that the foregoing recitals are true and correct, are an
integral part of this Ordinance, and provide findings to support the Ordinance.

Section 3. This ordinance shall be effective upon approval by the Council of the City of Oakland.

IN COUNCIL, OAKLAND, CALIFORNIA,

, 2000

PASSED BY THE FOLLOWING VOTE:

AYES-

BRUNNER, CHANG, MILEY, NADEL, REID, SPEES, WAN, AND

PRESIDENT DE LA FUENTE

NOESABSENTABSTENTION-

ATTEST:

_
CEDAFLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California

Ca-2JAN 23 2001
master fee ordinance

OAKLAND CITY COUNCIL

RESOLUTION

No.

C.M.S.

RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROPRIATE $15,000 IN

REVENUE AND EXPENDITURE TO THE COMMUNITY AND ECONOMIC DEVELOPMENT AGENCY BUILDING SERVICES DIVISION

WHEREAS, the City staff has identified approximately twenty-five (25) pushcart food
vendors operating illegally in the City of Oakland; and
WHEREAS, the pushcart food vendors provide a service to the Oakland community
with convenient locations, and,
WHEREAS, City staff has received complaints about nuisances related to the pushcart
food vending use; and
WHEREAS, implementation of the Pushcart Food Vending Pilot Program would result
in increased costs to the City for administration, enforcement and monitoring of the program,
estimated at a cost of $500 per vendor; and
WHEREAS, it is anticipated that thirty (30) pushcart food vendors would apply for
permits under the Pushcart Food Vending Pilot Program; and
WHEREAS, fees would generate approximately $15,000 in revenues; and
WHEREAS, the City Council finds and determines that the public safety, health,
convenience, comfort, property, and general welfare will be furthered by enforcement of the
Pushcart Food Vending Pilot Program; now therefore, be it
RESOLVED; That the City Manager is hereby authorized to appropriate $15,000 in
revenue and expenditure to the Community and Economic Development Agency Building
Services Division.

IN COUNCIL, OAKLAND, CALIFORNIA,

PASSED BY THE FOLLOWING VOTE:

, 19

WAN

AYES- BRLlt\ll\IER, CHANG, MILEY, NADEL, REID, ~~&S'b, SPEES AND

PRESIDENT DE LA FUENTE
NOES-

Cg ....

ABSENT-

JAN 23 2001

ABSTENTIONATTEST:

_
CEDA FLOYD

600-244 (1/99)

City Clerk and Clerk of the Council

of the City of Oakland. California

CITY OF OAKLAND
CITY COUNCIL AGENDA REPORT
TO:
ATTN:
FROM:
DATE:

Office of the City Manager

Robert C. Bobb
Community and Economic Development Agency
January 23, 2001

RE: REPORT ON ORDINANCE TO ADOPT AN EIGHTEEN-MONTH VEHICULAR

FOOD VENDING PILOT PROGRAM TO GENERALLY BE LOCATED IN THE
MANUFACTURING AND COMMERCIAL CORRIDORS IN CITY COUNCIL
DISTRICTS 5, 6 AND 7; AN ORDINANCE AMENDING THE MASTER FEE
SCHEDULE (ORDINANCE NUMBER 9336 C.M.S.) TO ADD A VEHICULAR FOOD
VENDING FEE; AN ORDINANCE AMENDING THE OAKLAND PLANNING CODE
TO REVISE THE DEFINITION OF FAST FOOD RESTAURANT COMMERCIAL
ACTIVITY IN THOSE AREAS SUBJECT TO A VEHICULAR FOOD VENDING PILOT
PROGRAM ORDINANCE TO SPECIFICALLY EXCLUDE VEHICULAR FOOD
VENDING AND REFERENCE THE DEFINITION IN THE MUNICIPAL CODE; AND A
RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROPRIATE $50,000 IN
REVENUE AND EXPENDITURE TO THE COMMUNITY AND ECONOMIC
DEVELOPMENT AGENCY BUILDING SERVICES DIVISION.

SUMMARY
The City Council is requested to consider adoption of a Vehicular Food Vending Pilot Program
Ordinance to regulate the use in a limited area for an eighteen-month period. Vehicular food
vendors (vendors) engage in the sale of ready-to-consume prepared foods from trucks located on
private property (pushcart food vending is a separate but related use that is also currently under
consideration under a separate proposed ordinance). As a Fast Food Restaurant Commercial
Activity, vehicular food vending is currently regulated by the City of Oakland Planning Code,
and is subject to a Major Conditional Use Permit. To date, the Planning Commission has granted
only one such permit. Other vehicular food vendors operate illegally and generate complaints
from neighbors regarding litter, noise, crime and other nuisances. The proposed ordinance
responds to health, safety and nuisance complaints raised by the County of Alameda, City of
Oakland Police Department, surrounding businesses, and residential neighbors.
The proposed ordinance would provide a regulatory framework to implement a Vehicular Food
Vending Pilot Program (pilot program). The pilot program would be located entirely within City
Council Districts 5, 6, and 7, generally within the commercial and manufacturing corridors on
San Leandro Boulevard, International Boulevard and Foothill Boulevards between 19th Avenue
th
to the west and 98 Avenue to the east, and on Fruitvale Avenue and High Streets between the 1880 Freeway and Foothill Boulevard (see map Attachment A to this report). Pilot program
implementation would include regular enforcement and monitoring of vehicular food vending
regulations throughout the City during the pilot program. The City Council would have an
opportunity to assess the success of the pilot program after an eighteen-month period. If the pilot
program is successful, it could be expanded to other areas within the City of Oakland.
,,_~I

b-'

JAN 23 2001

CEDA Committee

-2-

January 232001

FISCAL IMPACTS

The proposed Vehicular Food Vending Pilot Program Ordinance would include an application
fee that would cover the costs of implementing, administering, and enforcing the proposed
regulations.! Specifically, a new $2,000 permit fee would be added to the Master Fee Schedule
and charged to each applicant. A recent survey identified approximately 20 vehicular food
vendors operating within the proposed pilot program area. In addition, City staff have received
approximately six requests for information regarding how to establish a vehicular food vending
business. The pilot program would generate revenues of $50,000 as well as business tax,
assuming that a minimum of twenty-five (25) permits would be issued. Also, the pilot program
would potentially generate revenues from citations for noncompliance with proposed regulations.
Citations would range from $1,000 to $10,000. The Building Services Division of the
Community and Economic Development Agency (CEDA) would assess costs associated with
enforcement of the ordinance during the eighteen-month pilot program. One objective of the
pilot program is to determine and offset any fiscal impacts.
Building Services staff would incorporate implementation of the pilot program into the existing
workload. Applications would be processed and administered as part of the Building Services
counter schedule, and enforcement and monitoring would be folded into regular inspection
schedules. The proposed regulations would be consistent with and support County of Alameda
regulations, and in tum, City enforcement would be supported by County enforcement.

BACKGROUND
City Council Actions

The City of Oakland's current vending regulations, originally codified in 1932 and last amended
in 1980, do not address the diverse types of street vending that presently occur or those that may
be desirable. Over the past ten years, Council has at various times requested staff to study and
propose modifications to the current regulations, as described below.
On July 24, 1990, a special session of the City Council considered a proposal to permit vending
on public property (sidewalks) at approximately thirteen locations throughout the City of
Oakland. City council accepted the report and instructed staff to expand the proposal to include
guidelines for regulating vending activities citywide, focussing on those activities that occur on
private property within commercially zoned areas.
On October 29, 1991, the City Council Public Safety Committee held a special meeting to
review a report presented by the City Manager's Office. The report proposed an amendment of

I The proposed ordinance would also generate business tax. However, any business tax revenues would not be
directly linked to pilot program implementation or administration.

CEDA Committee

-3-

January 232001

the City's Municipal Code Regulations to implement controls for street vending sales activities.
No action was taken.
At a June 16, 1998 Public Safety Committee meeting, staff presented a report on existing
problems with peddlers and vendors in East Oakland. According to staff, without specific
enforceable regulations, police officers encounter difficulties addressing nuisances related to
peddling. Staff was directed to present a follow-up report in January 1999 regarding efforts to
address the problems.
In response to the June 1998 Public Safety Committee meeting regarding peddlers and vendors, a
working group comprised of representatives from the City Manager's Office, Police, Business
License Tax, Code Enforcement, Life Enrichment and the Alameda County Health Agency was
formed. The working group evaluated Oakland's vending regulations as well as enforcement and
vending ordinances from other cities. The working group then concluded that the current
vending regulations are difficult to implement and enforce.
On January 19, 1999, staff presented a follow-up report to the Public Safety Committee
summarizing existing City of Oakland regulations related to peddlers and vendors. The report
indicated that the current regulations specifically prohibit vending in the downtown, on any
public street or sidewalk, or within 500 feet from the entrance or exit of any public park, building
or grounds. Vending activities on private property are subject to the Conditional Use Permit
review process, which requires an application and fee of $1 ,438, notice to surrounding property
owners, and a decision by the Planning Commission. The entire review process takes
approximately 60 days. At this meeting, the Public Safety Committee directed staff to evaluate
potential modifications to the vending regulations in the Municipal Code and to obtain input
from the community. The ordinance currently under consideration responds to the committee's
request, and is designed to provide a regulatory framework for vehicular food vending, with a
streamlined permit process.
Planning Commission Action

On December 6, 2000, at its regular meeting, the Planning Commission considered the proposed
pilot program, and voted unanimously to amend the Planning Code definition of "Fast Food
Commercial Activity" to specifically exclude vehicular food vending throughout the Vehicular
Food Vending Pilot Program and within the pilot program area, contingent upon adoption of the
Vehicular Food Vending Pilot Program Ordinance. In addition, Commissioners expressed
concern that high permit fees might discourage some vehicular food vendors from applying for
permits, and would result in a low level of compliance with the proposed regulations.
Survey of Vehicular Food Vending Uses
In October 1998, staff conducted a windshield survey throughout the City of Oakland that
identified 25 vehicular food vending locations (see Attachment B to this staff report). At the
time, twenty-three vehicular food vending businesses were located within City Council Districts

CEDA Committee

-4-

January 232001

5,6, and 7. The proposed pilot program area would include twenty-one of the vehicular food
vending businesses identified in the survey.
Community Viewpoints

Staff held a community meeting on April 8, 1999 to receive community input to the vehicular
food vending planning process. Staff also met with vehicular food vendors on August 12, 1999
to address their concerns. In addition, a public hearing was held by the Planning Commission on
December 6, 2000 to receive public comments on the draft ordinance. Finally, staff has received
phone calls from community members with comments regarding vehicular food vending. At
these meetings, staff documented both support of and opposition to vehicular food vending as
well comments on the draft ordinance, as described below:
Proponents of Vehicular Food Vending: Two groups voiced support of vehicular food
vending, including customers and vendors. Customers, including police officers and "night
owls", appreciate the convenience, affordability and late-night hours offered by the vehicular
food vendors. Vendors believe that they provide a needed service and employment
opportunities in the areas where they are located. In addition, the vendors believe that
vehicular food vending provides street ambience and acts as a catalyst for business start-ups.
Vendors have expressed support for regulations that would give them legal status and protect
them from unfair competition and market oversaturation. Vendors also requested that they
be allowed to operate as late as 3:00 a.m. to meet existing demand.
Opponents of Vehicular Food Vending: Residents living and working near vehicular food
vending businesses identified the use as a nuisance. In particular, opponents complained
about noise, loitering, rowdy customers, bright lights and litter. Some individuals believe
that vehicular food vending attracts crime and is visually unattractive. Permanent
neighborhood businesses generally oppose vehicular food vending on the grounds that the
activity results in unfair competition as a result of low-overhead costs (low rent, water and
electricity costs, and no restrooms), less stringent health codes, and substantially reduced
business tax.
Comments on the draft Vehicular Food Vending Pilot Program Ordinance: Following a
presentation summarizing the draft Vehicular Food Vending Pilot Program Ordinance, some
potential vehicular food vendors expressed a desire to include the downtown or the entire
City in the pilot program.

KEY ISSUES AND IMPACTS

Existing Zoning Regulations

Although vehicular food vending can occur legally as a conditional use in many zoning districts
throughout the City of Oakland, the permit process can be intimidating and time-consuming.
Vehicular food vending is considered a Fast Food Restaurant Commercial Activity under
existing zoning regulations. The Fast Food Restaurant Commercial Activity is subject to a
Major Conditional Use Permit. The application for a Major Conditional Use Permit involves

CEDA Committee

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January 232001

discretionary review by the City of Oakland Planning Commission that can result in intense
scrutiny, and may seem burdensome and inhibiting to some vehicular food vending applicants.
To date, one (1) vehicular food vendor has submitted a permit application. A conditional use
permit was granted to the one applicant. The remaining vehicular food vendors operate illegally.
A vehicular food vending operation located at 2001 Fruitvale Avenue recently applied and was
approved for a Conditional Use Permit. The operation is located within the C-30 District
Thoroughfare Zone (and within the area proposed for the pilot program) and is subject to
regulations pertaining to fast food restaurants as defined in section 17.10.290 of the Planning
Code. The operation was approved with a number of attached conditions related to loitering,
issuance of health department permits, provision of restrooms, and limitations on hours of
operation, and limited physical improvements to the site. The permittee has not complied with
all of the conditions of approval, and the case continues to be reviewed by the Planning
Commission.
Enforcement

The majority of vending activities presently occurring in Oakland is not permitted, does not
generate business tax revenues and is not subject to enforcement. Police enforcement currently
consists of preparation of an information bulletin that explains the current laws relative to
vending on public streets and sidewalks, and responding to complaints of illegal peddling and
vending. However, many vehicular food vendors currently operate without the benefit of
building and other code inspections, and generate complaints from neighbors regarding the
appearance and location of the activity, noise and crime. In addition, because there currently are
no explicit vehicular food vending regulations, the County of Alameda and City of Oakland
Police Department are unable to provide adequate law enforcement. Both agencies have
recommended implementation of codified regulations to complement law enforcement activities.
Environmental Determination

The California Environmental Quality Act (CEQA) identifies projects that qualify for categorical
exemptions. The Vehicular Food Vending Pilot Program Ordinance (ordinance) would be
categorically exempt under CEQA section 15332, In-Fill Development Projects. The proposed
ordinance would change the process by which the vehicular food vending use is permitted in
zoning districts where the use is currently conditionally permitted on private parcels within
developed areas of the City of Oakland. The ordinance would permit and regulate a use that is
consistent with General Plan policies and zoning requirements. The ordinance would likely
result in the issuance of up to 50 permits, many of which would be for vendors who are currently
operating without a permit, and would not result in traffic, air quality, noise or other
environmental impacts that would cumulatively exceed any existing thresholds for significance.
Health Issues

The County of Alameda regulates sanitation requirements for mobile food facilities under
California State law. The California Health and Safety Code, Article 11. Mobile Food Facilities,

CEDA Committee

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January 232001

governs sanitation requirements for mobile food facilities. Specifically, the County of Alameda
regulates the following aspects related to vehicular food vending:
o Requirements for handling of prepackaged and non-hazardous foods (such as factory
wrapped and sealed candies and other non-perishable food), non-prepackaged and nonhazardous foods (such as popcorn and soft pretzels), prepackaged and potentially hazardous
foods (such as ice cream bars, milk), and potentially hazardous foods (such as hot dogs);
and
o Construction standards for mobile food facilities to ensure proper sanitation, temperature
control, and protection from outside contamination.
The County of Alameda is responsible for enforcing state regulations and ensuring proper food
preparation and handling at vehicular food vending establishments. The County is particularly
concerned about the sanitary condition of food preparation and storage areas, and food and
ingredient handling at vehicular food vending establishments.

PROPOSED VEHICULAR FOOD VENDING PILOT PROGRAM

Vehicular food vendors (vendors) engage in the sale of ready-to-consume prepared foods from
trucks. Vendors locate mobile catering trucks on private property on a semi-permanent basis
during hours of operation, and may only relocate the trucks off-site during non-business hours, if
at all. Vehicular food vending generally has the following characteristics:
Food is ordered and served from a take-out counter that is integral to the catering truck;
Food is paid for prior to consumption;
Catering trucks from which the food is sold typically have a take-out counter and space for
customer queuing; and
Foods and beverages are served in disposable wrappers, plates or containers.
The proposed Vehicular Food Vending Pilot Program would include the following components:
An Ordinance regulating the vehicular food vending use; Implementation of a streamlined permit
process; Enforcement of regulations; A limited timeframe; A limited geographic area;
Amendments to the Municipal Code; and a monitoring and review component designed to
evaluate the success of the pilot program. Project components are described below:

Vehicular Food Vending Ordinance: The Vehicular Food Vending Ordinance (ordinance), if
adopted, would become a section of the Municipal Code, under Title 8: Health and Safety.
The ordinance would establish the framework for regulating the vehicular food vending use
as a pilot program (see Attachment C to this report). The ordinance would outline the
required permit application process for the vehicular food vending use, the criteria for
operation of the use, the administration and enforcement of the use, and the timeframe and
geographic area in which the use could occur during the pilot program.

CEDA Committee

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January 232001

Streamlined Permit Process: The Building Division of the Community and Economic
Development Agency (CEDA) would implement the streamlined Vehicular Food Vending
Permit process. The Vehicular Food Vending Permit (permit) would be an administrative
permit that could be processed without discretionary review. The permit application (see
Attachment C to this report for permit application procedures) would include a mandatory
filing fee of $2,000 to cover the costs of pilot program implementation, and any approved
permit would be valid throughout the pilot program timeframe (unless otherwise revoked for
any of the reasons discussed below).

Criteria for Vehicular Food Vending Operations: The Vehicular Food Vending Permit
would include a requirement that vehicular food vending uses meet an established set of
criteria designed to protect neighbors from noise, light, litter and crime impacts, and to
ensure minimum aesthetic standards (see Attachment C to this report). The criteria are
designed to respond to community concerns about community appearance and neighborhood
quality of life.

Pilot Program Enforcement: The Building Division of CEDA would enforce the vehicular
food vending regulations by conducting periodic inspections of the sites where the use is
located. These inspections could be unannounced or in response to a neighborhood
complaint. Inspectors would be equipped with the checklist of criteria for permit approval,
which could be evaluated during the inspection. The vehicular food vendor would be
required to provide the inspector with a copy of the Vehicular Food Vending Permit,
demonstrate compliance with permit regulations, and to cooperate with inspections. Should a
vehicular food vendor fail to cooperate with an inspection or be found to be in
noncompliance with any criteria, the inspector would recommend revocation of the Vehicular
Food Vending Permit to the Building Division. The Building Division would provide noncompliant vehicular food vendors with notification of permit revocation by mail. The
applicant would be given 10 days to demonstrate compliance.

In addition to enforcing permits, the Building Division would have authority to inspect any
incidences of illegal or non-permitted vehicular food vending. Inspectors would be able to
cite any vehicular food vendor operating without permits and issue an order to abate.
Enforcement inspections would occur throughout the City of Oakland, and not solely within
the proposed pilot program area. Vehicular Food Vendors located outside of the pilot
program area who do not have a conditional use permit would be cited accordingly.
Finally, the Building Division would serve as the repository for the public record related to
vehicular food vending, and would receive and respond to all complaints concerning the
regulations.

Pilot Program Timeframe: The pilot program would have an eighteen-month duration,
beginning on the date of adoption of the Vehicular Food Vending Ordinance. At the end of
the pilot program, City Council could consider reinitiating the pilot program, revising and

CEDA Committee

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January 232001

expanding the ordinance, or adopting a permanent program. Should the City Council take no
action, the pilot program would terminate on a date certain eighteen months following
adoption of the ordinance.

Pilot Program Area: The pilot program would be located entirely within City Council
Districts 5, 6, and 7, and as shown in Attachment A to this report. Vehicular food vending
would only be permitted on certain streets and within certain zones, as described below, and
as shown in Attachment A to this report:
o Streets: The vehicular food vending use would be permitted on private property located
on Fruitvale Avenue and High Street between Interstate 880 to the west and Foothill
th
Boulevard to the east, Foothill Boulevard between 19 Avenue to the north and
MacArthur Boulevard to the south, International Boulevard between 19th Avenue to the
north and 105 th Avenue to the south, and San Leandro Boulevard between Fruitvale
Avenue to the north and 98 th Avenue to the south. Vehicular food vendors would be
required to locate on private property with an address on and visible from the abovelisted public streets.
o Zones: The vehicular food vending use would be permitted in the C-20 Shopping Center
Commercial, C-28 Commercial Shopping District, C-30 District Thoroughfare
Commercial, C-40 Community Thoroughfare Commercial, M-20 Light Industrial, M-30
General Industrial, and M-40 Heavy Industrial zoning districts. 2 Vehicular food vending
would not be permitted in any other zoning district.
Vehicular food vending outside of the pilot program area would continue to be subject to
existing regulations related to the Fast Food Restaurant Commercial Activity and would
continue to require a Major Conditional Use Permit granted by the Planning Commission (as
described above).

Amendments to the Municipal Code: The Municipal Code would be amended to include a
new definition for the vehicular food vending activity and a new chapter that would regulate
the vehicular food vending activity. The "Fast Food Activity" definition in the Planning
Code (Chapter 17 of the Municipal Code) would be amended to exclude the Vehicular Food
Vending use and to reference the definition in the Municipal Code. A new Chapter 8.09:
Vehicular Food Vending, would include the proposed regulations for the use.

Monitoring and Review Component: The pilot program would include a monitoring
component designed to provide the City Council with a tool for measuring success of each

During the pilot program and consistent with existing regulations related to Fast Food Restaurant Activities and
with section5.48.080 of the Municipal Code, vehicular food vending would continue to be conditionally permitted
outside of the pilot program area in the following zoning districts: C-20 Shopping Center Commercial; C-25 Office
Commercial; C-27 Village Commercial; C-28 Commercial Shopping District; C-30 District Thoroughfare
Commercial; C-3l Special Retail Commercial; C-35 District Shopping Commercial; C-36 Gateway Boulevard
Service Commercial; C-40 Community Thoroughfare Commercial; C-45 Community Shopping Commercial; C-51
Central Business Service Commercial; C-55 Central Core Commercial; C-60 City Service Commercial; M-lO
Special Industrial; M-20 Light Industrial; M-30 General Industrial; M-40 Heavy Industrial; S-l Medical Center; and
S-2 Civic Center.
2

CEDA Committee

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January 23 2001

component at the end of the pilot program. The Building Division would maintain a record
of all regulation enforcement activities that occur throughout the pilot program. Following
the first 12 months of the pilot program, City staff would prepare a report describing
enforcement activities, the level of compliance and non-compliance with the pilot program
regulations, and recommending termination of, revisions to and/or continuation of the pilot
program. Staff would request the City Council to take action prior to the end of the pilot
program.

ENVIRONMENTAL OPPORTUNITIES
The proposed Vehicular Food Vending Pilot Program would not provide specific environmental
opportunities, nor would the program result in any detrimental environmental effects.

DISABILITY AND SENIOR CITIZEN ACCESS

Under the Vehicular Food Vending Ordinance, applicants for the Vehicular Food Vending
Permit would be required to comply with the Americans with Disabilities Act and all other City
regulations that ensure adequate access for senior citizens and people with disabilities.

RECOMMENDATION AND RATIONALE

Staff recommends adoption of the Ordinance to Establish An Eighteen-Month Vehicular Food
Vending Pilot Program and approval of the enabling Municipal Code amendments. The
advantages of regulating vehicular food vending are as follows:
(1) Vehicular food vendors would be more likely to seek permits if the process were streamlined;
(2) Vehicular food vending would be easier to monitor with an established permit process;
(3) Easier monitoring and enforcement would reduce nuisance activities that occur within the
vicinity of vehicular food vending businesses;
(4) The location of vehicular food vending businesses could be controlled in order to avoid
unfair competition and oversaturation of an area. In addition, the limited geographic area
would enable adequate monitoring by City staff during the pilot program.
(5) Minimum standards for aesthetic quality and operation could be enforced;
(6) The permit criteria would establish a means for ensuring health standards and general food
quality; and
(7) Permit fees would be collected and would in large part pay for program implementation and
enforcement.
The following points provide rationale for this recommendation:

CEDA Committee

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January 23 2001

The proposed Vehicular Food Vending Pilot Program would provide benefits for vehicular
food vendors, customers, and for the community. The proposed Vehicular Food Vending
Pilot Program would achieve the following objectives: Permit a new use in the City of
Oakland and streamline the permit process for vehicular food vending; Establish a trial
period to test the proposed regulations; and provide a means for evaluating and revising the
regulations following the trial period.

Under the Vehicular Food Vending Pilot Program, vehicular food vending would be
permitted outright in designated locations, and would no longer be subject to a conditional
use permit. This component of the program would substitute administrative for discretionary
review. This would result in more certainty for the applicant, and would reduce the amount
of time and effort necessary to seek permit approval. Streamlining would remove a
disincentive from the permit process, and would thereby potentially result in more vendors
seeking permits and complying with regulations. In addition, permits would protect
vehicular food vendors from unfair competition and undesirable interrogations from the
police and other authorities.

The Vehicular Food Vending Permit would require that vehicular food vendors meet certain
operational criteria. The criteria are designed to protect the health and safety of the
customers and to reduce impacts on the surrounding community. Meeting the criteria would
ensure that vehicular food vending is an attractive use that contributes to both an
entrepreneurial and culturally rich business climate and to neighborhood character in the City
of Oakland.

The Vehicular Food Vending Pilot Program would provide a means for City staff to
implement and enforce the vehicular food vending use. Field inspectors could use the
Vehicular Food Vending Permit criteria to determine compliance with regulations. In
addition, at the end of the pilot program, the City Council would have an opportunity to
evaluate the success of the program and provide revisions or terminate the program, as
necessary.

CEDA Committee

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January 23 200 1

ACTION REQUESTED OF THE CITY COUNCIL

1. Adopt the Vehicular Food Vending Pilot Program Ordinance and approve proposed
amendments to the Municipal Code to regulate vehicular food vending.
2. Adopt proposed amendments to the Planning Code.
3. Amend the Master Fee Schedule to establish a $2,000 fee for Vehicular Food Vendors during
the eighteen-month pilot program (see Attachment E).
4. Approve the resolution to increase revenue and appropriate $50,000 in permit revenue and
expenditure to the Building Services Division for the purpose of implementing the Vehicular
Food Vending Pilot Program.

Respectfully submitted,

WILLIAM E. CL
Executive Directo
Prepared by:
Catherine Payne, Planner III
Strategic Planning Division

APPROVED AND FORWARDED TO THE

CITY COUNCIL:

alL*- C-. Cb JNh, ~

OFFICE OF THE CITY MANAGER

-12-

CEDA Committee

Attachments:

A.
B.

e.
D.
E.

January 23 2001

Map: Proposed Vehicular Food Vending Pilot Program Area

Map: Existing Vehicular Food Vendor Locations
Proposed Vehicular Food Vending Pilot Program Ordinance
Proposed Planning Code Amendment
Proposed Master Fee Schedule Amendment

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JAN 2 3 2001

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ATIACHMENT B:

Existing Vehicular Food

Vendor Locations

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General Existing Locations of Vehicular Food Vendcrs

Ptqxlsed VehiculCl" Food Vendor AlaI AugCl"n kea

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:

CEDA Committee

January 23, 2001

ATTACHMENT C: PROPOSED VEHICULAR FOOD VENDING ORDINANCE

tD ,L.\ _Co..f
JAN 2 3 2001

OAKLAND CITY COUNCIL

ORDINANCE

No.

INTRODUCED BY COUNCILMEMBER

C.M.S.

\;1

Vehicular Food Vending Pilot Program Ordinance

ORDINANCE ESTABLISHING AN EIGHTEEN-MONTH VEHICULAR FOOD
VENDING PILOT PROGRAM TO BE GENERALLY LOCATED WITHIN THE
MANUFACTURING AND COMMERCIAL CORRIDORS ON FRUITVALE
AVENUE AND HIGH STREET BETWEEN 1-880 TO THE WEST AND
FOOTHILL BOULEVARD TO THE EAST, AND SAN LEANDRO BOULEVARD,
INTERNATIONAL BOULEVARD, AND FOOTHILL BOULEVARD BETWEEN
TH
19TH AVENUE TO THE NORTH AND 98 AVENUE TO THE SOUTH.

WHEREAS, on July 24, 1990, a special session of the City Council considered a proposal to permit
vending on public property on (sidewalks) at approximately thirteen (13) locations throughout the City. The
council accepted the report and instructed staff to expand the proposal to include guidelines for regulating
vending activities citywide on private property, specifically in commercially zoned areas; and,
WHEREAS, on October 29, 1991, the City Council Public Safety Committee held a special meeting to
review a report presented by the City Manager's Office that proposed an amendment to the City's Municipal
Code Regulations to implement controls for street vending sales activities; and,
WHEREAS, the Anti-Grime Task Force seeks legalization of certain types of vending and improved
enforcement actions against illegal vending; and,
WHEREAS, the vehicular food vendors provide a service to the Oakland community with convenient hours
of operation; and,
WHEREAS, under appropriate circumstances, vehicular food vendors have the potential to provide
commercial variety and encourage additional pedestrian traffic; and,
WHEREAS, in some areas vehicular food vending could provide additional visual interest to established
commercial activities, thereby strengthening commercial districts and/or locations; and,
WHEREAS, vehicular food vending provides an opportunity for individuals to be self-employed and
contribute to the community; and,

~-4-

ordinance

JAN 2 3 2\01

WHEREAS, the vehicular food vendors would be licensed and pay taxes to the City thereby expanding the
City's tax base; and,
WHEREAS, the City of Oakland supports entrepreneurial development; and,
WHEREAS, the requirements of the California Environmental Quality Act (CEQA) of 1970 are satisfied,
and according to Section 15332, in-fill development projects such as vehicular food units are categorically
exempt, therefore the proposed Vehicular Food Vending Pilot Program is exempt from the provisions of the
California Quality Act; and,
WHEREAS, the City Council finds and determines that the public safety, health, convenience, comfort,
property, and general welfare will be furthered by the proposed Pilot Vehicular Food Vending Program;
now therefore,

THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:

Section 1. The City Council finds and determines the foregoing recitals to be true and correct and hereby
makes them a part of this Ordinance.
Section 2. Chapter 8.09 "Vehicular Food Vending" is added to the Oakland Municipal Code to read as
follows:
Chapter 8.09 -- Vehicular Food Vending
8.09.010 Purpose.
The general purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity, and general
welfare by requiring that new and existing vehicular food' vendors provide the community and customers with a
minimum level of cleanliness, quality and security.
8.09.020 Definitions.
For the purposes of this chapter, certain words and phrases are defined, and certain provisions shall be construed, as
herein set out unless it shall be apparent from the context that they have a different meaning:
A. "Vehicular food vendor" (vendor herein) shall mean a person who is engaged in "vehicular food vending."
B. "Vehicular food vending" shall mean the sale of ready-to-consume prepared foods from trucks located on private
property on a semi-permanent basis during hours of operation. Vehicular food vending generally has the following
characteristics:
i) Food is ordered and served from a take-out counter that is integral to the catering truck;
ii) Food is paid for prior to consumption;
iii) Catering trucks from which the food is sold typically have a take-out counter and space for customer queuing;
iv) Food and beverages are served in disposable wrappers, plates or containers; and
v) Food and beverages are prepared and sold for off-site consumption.

C. "Loitering" shall mean remaining on any property under such circumstances that a reasonable person would conclude
that the person who remains on the property does not have a purpose connected with the usual and ordinary use to which
such property is put, does not have bona fide intent to exercise a constitutional right, and is causing public inconvenience
or annoyance.

ordinance

8.09.030 Pennitted area.

During the pilot program and subject to the provisions ofthis Chapter, vehicular food vending shall only be pennitted
within City Council Districts 5, 6, and 7, as defined at the time of adoption of the ordinance, and only at the following
locations:
Streets: Vehicular food vending shall be pennitted on private property located on Fruitvale Avenue and High Street
th
between Interstate 880 to the west and Foothill Boulevard to the east, Foothill Boulevard between 19 Avenue to the
th
th
north and MacArthur Boulevard to the south, International Boulevard between 19 Avenue to the north and 105
th
Avenue to the south, and San Leandro Boulevard between Fruitvale Avenue to the north and 98 Avenue to the south.
Within the pilot program pennitted area, vehicular food vendors shall be required to locate on private property with an
address on and visible from the above-listed public streets.
Zoning Districts: On the streets listed above, vehicular food vending shall be pennitted only in the C-20 Shopping Center
Commercial, C-28 Commercial Shopping District, C-30 District Thoroughfare Commercial, C-40 Community
Thoroughfare Commercial, M-20 Light Industrial, M-30 General Industrial, and MAO Heavy Industrial zoning districts. I
Vehicular food vending shall not pennitted in any other zoning district.
No vehicular food vending use shall be located or maintained on public property inconsistent with any other City of
Oakland regulations.
8.09.040. Pennit Application New and existing vehicular food vendors shall possess a valid Vehicular Food Vending
Pennit issued by the Building Services Division ofthe Community and Economic Development Agency (CEDA).

A. Vehicular food vendors shall submit the following infonnation in order to qualify for a Vehicular Food Vending Pennit.
i) The applicant shall obtain a Vehicular Food Vending Pennit Application from the City of Oakland building services
counter (building counter), located at 250 Frank H. Ogawa Plaza, Second Floor. The completed application shall be
submitted to the Building Division.
ii) In order for the Vehicular Food Vending Pennit Application to be deemed complete, the applicant shall provide the
Building Division with the following:
a. Completed Vehicular Food Vending Pennit Application;
b. Mailing address for notification;
c. Address or Assessor Parcel Number (APN) for the proposed vehicular food vending site;
d. Signed and notarized affidavit in a fonn approved by the City of Oakland from the property owner (if other than self)
pennitting the vehicular food vendor to locate on the site;
e. Legal names of vehicular food vending business owner(s) and all employees;
Proof of valid City of Oakland Business Tax Certificate;
g. Proof of valid County of Alameda Health Agency, Environmental Health Services Health Pennit;
h. Photocopy of valid California Drivers License for business owner and all employees;
i. Scaled or dimensioned site plan depicting location of vehicular food vending vehicle and any existing structures on
proposed site;
J. Six photographs (showing different views) of the proposed site;
k. Four photographs (showing different exterior views) of the vehicular food vending vehicle;
I. Sample or rendering of advertising signs;
m. Facsimile oflogo to be applied to all disposable paper products to be provided to customers;
n. If the vehicular food vendor is not able to provide employee access to restrooms, affidavit from property owner within
200 feet of the vehicular food vending vehicle pennitting use of restroom facilities by the vehicular food vendor; and
o. Nonrefundable application fee of $50 or as modified in the City of Oakland Master Fee Schedule. The application fee
shall be applied to the pennit fee upon application approval.
iii) The Building Division shall process the Vehicular Food Vending Pennit Application (application) within ten (10)
business days from the date on which the application is deemed complete.
1 During the pilot program and consistent with existing regulations related to Fast Food Restaurant Activities and with section
5.48.080 of the Municipal Code, vehicular food vending will continue to be conditionally pennitted outside of the pilot program
area in the following zoning districts: C-20 Shopping Center Commercial; C-25 Office Commercial; C-27 Village Commercial;
C-28 Commercial Shopping District; C-30 District Thoroughfare Commercial; C-3l Special Retail Commercial; C-35 District
Shopping Commercial; C-36 Gateway Boulevard Service Commercial; C-40 Community Thoroughfare Commercial; C-45
Community Shopping Commercial; C-5l Central Business Service Commercial; C-55 Central Core Commercial; C-60 City
Service Commercial; M-lO Special Industrial; M-20 Light Industrial; M-30 General Industrial; M-40 Heavy Industrial; S-l
Medical Center; and S-2 Civic Center.

ordinance

8.09.050 Pennit Conditions and Issuance

A pennit issued pursuant to the provisions of this Chapter shall be subject to the following conditions:
A. Applications approved for issuance shall expire in 30 days if unclaimed.
B. A pennit fee of $2,000, or as modified in the City of Oakland Master Fee Schedule, shall be paid prior to issuance of the
pennit. The $50 application fee shall be applied to the pennit fee upon application approval.
C. Upon issuance of the pennit, the applicant shall not commence business activities until the Building Services Division
has inspected and approved all conditions of the permit.
D. Location:
i) The vehicular food vendor shall be located within the Vehicular Food Vending Pilot Program area as identified on the
attached map (see Attachment A).
ii) The vehicular food vendor shall locate on private property, and must receive written consent from the property owner
(if not self) to occupy the property and conform to the conditions of the pennit.
iii) The vehicular food vendor shall submit the written consent with the application.
iv) The vehicular food vendor shall not locate within 200 feet (as measured from the parcel boundary) of any Fast Food
Restaurant2 or other vehicular food vendor3, full-service restaurant4 or delicatessenS, or within 500 feet of any public
park or primary or secondary school.
v) The vehicular food vendor shall not locate in the public right of way.
vi) The vehicular food vendor shall not locate in parking spaces required to meet minimum parking requirements for any
other business.
vii) The vehicular food vendor shall be located within 200 feet of a restroom facility and shall demonstrate legal access
for employees.
viii) The vehicle shall not block any parking required to adequately serve other businesses, driveways or drive aisles, and
shall be visible from the street.
ix) The vehicular food vending vehicle shall be set back a minimum of 10 feet from any public sidewalk or right-of-way.
E. Condition!Appearance of Vehicle:
i) The vehicular food vendor shall display current business tax certificate, Health Department permit (and decal) and
Vehicular Food Vending Permit in plain view and at all times on the exterior of the food vending vehicle.
ii) The Vehicular Food Vending Pennit and business tax certificate shall be displayed on or immediately adjacent to the
front, passenger-side window.
iii) The health decal shall be located on the left rear of the vehicle.
iv) The vehicular food vendor shall maintain a valid health permit at all times. If the permit expires, or is suspended or
revoked, then all food sales shall cease until the permit is reinstated.
v) The applicant shall display no more than two signs attached to the vehicle (including the signage pertaining to
loitering), with a maximum aggregate display surface of 15 square feet per sign.
vi) The vehicular food vending vehicle and use shall be entirely self-sufficient in regards to gas, water, and
telecommunications. Should any utility hook-ups or connections to on-site utilities be required, the vehicular food
vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with
applicable building codes.
vii) Electrical service to vehicular food vending vehicles shall be reviewed and approved on a case-by-case basis by the
Building Division.
viii) The vehicular food vending vehicle shall be a self-propelled vehicle maintained in operating condition at all times.
ix) The vehicle shall not become a fixture of the site and shall not be considered an improvement to real property.
x) The vendor shall not discharge items onto the sidewalk, gutter or storm inlets.

2 As an exception, Vehicular Food Vendors may locate within 200 feet of a restaurant of which the owner has provided the
Vehicular Food Vendor with permission to locate on the same lot.
3 See Footnote 2, above.
4 See Footnote 2, above.
5 See Footnote 2, above.

ordinance

F. Condition!Appearance of Site:
i) The site shall be maintained in a safe and clean manner at all times.
ii) Exterior storage of refuse, equipment or materials associated with the vehicular food vending enterprise is prohibited.
iii) The lot shall be paved.
iv) The vehicular food vendor shall maintain site circulation and access consistent with the Americans with Disabilities
Act.
v) No tables, chairs, fences or other site furniture (permanent or otherwise) shall be permitted in conjunction with
vehicular food vending establishments.
G. Lighting. The vehicular food vendor shall provide adequate lighting to ensure customer safety. Lighting shall be
directed downwards and away from public streets and adjacent properties.
H. Noise Control. Noise levels measured at the property line shall not exceed the City's Noise Ordinance Standards.

1. Litter Control.
i) The vehicular food vendor shall provide a minimum of two 32-gallon litter receptacles within 15 feet of the vehicular
food vending vehicle. The receptacles will serve both employees and customers.
ii) The vehicular food vendor shall collect litter on and within 200 feet of the subject property twice daily.
iii) All refuse shall be removed from the site and properly disposed of on a daily basis.
J. Security.
i) The vehicular food vendor shall install signage indicating that loitering is not permitted and customers may only
remain on the lot for up to 15 minutes after receiving their food.
ii) The vehicular food vendor shall enforce the no-loitering rule.
iii) The serving or consumption of alcohol shall be prohibited at vehicular food vending sites.
K. Hours of Operation.
Hours of operation shall be determined by the City but shall not exceed: 7:00 a.m. to 2:00 a.m., everyday.
8.09.060 Permit Expiration and Revocation.
Vehicular food vending shall be permitted only during the period of time during which the Pilot Program is in effect
pursuant to the provisions of this ordinance.

A. Permit Revocation. The City of Oakland reserves the right to revoke this permit at any time if it is found that the
approved activity is violating any of the provisions of the City of Oakland Planning Code, any provision of this Chapter,
or causing a public nuisance. Should a Vehicular Food Vending Permit be revoked, the vendor shall be required to cease
operation immediately or be subject to police action which may include impounding of vehicle, ticketing and/or arrest.
B. Site Improvements. All applicable site improvements shall be installed no later than 30 days from the date of issuance
of the permit for this approval to be valid. If improvements have not been made within the 30 days, the permit shall be
revoked.
C. Permit Limitations. The Vehicular Food Vending Permit shall be valid throughout the Vehicular Food Vending Pilot
Program. Upon termination of the pilot program, food vending permits shall no longer be valid.
8.09.070 Public Nuisance.
A. Prohibited Locations. Any vehicular food vending use located, maintained, or operated in violation of this section
shall be declared a public nuisance. Any existing vehicular food vending use that is located or maintained in violation of
this subsection shall be removed within thirty (30) days after the effective date of the ordinance codified in this chapter.
B. Public Nuisance. Any vehicular food vending use that is used as an instrumentality for or contributes substantially by
its presence to any of the following conditions is declared to be a public nuisance:
i) The selling or giving away of controlled substances (as defined in Division 10 of the California Health and Safety
Code); or, the soliciting, agreeing to engage in, or engaging in any act of prostitution; or, the conduct of any other
criminal activity;

ordinance

ii) The consumption of alcoholic beverages on nearby outdoor public or private property, except where outdoor
consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of
Alcoholic Beverage Control;
iii) Loitering on nearby public or private property;
iv) Disturbing the peace; or
v) Any acts that threaten the public health and safety including, but not limited to, public urination.
8.09.080 Enforcement.
The City Manager, or his or her designee, shall be responsible for enforcement of this chapter. If periodic inspections
are necessary to monitor compliance, code enforcement reinspection fees per the Master Fee Schedule shall be assessed.
8.09.090 Abatement generally.
Failure to permanently remove a vehicle used for vehicular food vending, and failure to cease operation as a vehicular
food vendor after the termination, revocation, expiration, or suspension of any permit issued pursuant to the provisions
of this Chapter shall constitute a public nuisance, and shall be subject to enforcement and abatement procedures set forth
in Chapter 1.16 of the Oakland Municipal Code and Chapter 17.152 of the Oakland Planning Code.
When the City Manager, or his or her designee, finds that a vehicular food vending use has been used as an instrument
for or has contributed substantially to any of the conditions stated in Section 8.09.040, in violation of this chapter, he or
she, or his or her designee, may declare and deem the violation of a public nuisance and issue an order to abate operation
of the vehicular food vending use and direct that these persons not complying shall: (A) comply with the requirement;
(B) comply with a time schedule for compliance; and (C) take appropriate remedial or preventive action to prevent the
violation from recurring.
8.09.100 Order to Abate.
Upon declaring and deeming a violation of this chapter a nuisance, the City Manager, or his or her designee, shall send a
notice of abatement to the property owner and to the vehicular food vendor. The notice of abatement shall contain the
following:
A. The street address and a legal description of the property sufficient for identification of the premises or property upon
which the nuisance condition(s) is located;

B. A statement that the enforcement official has determined pursuant to this chapter that the property owner and
vehicular food vendor of the subject property are in violation of this chapter;
C. A statement specifying the condition that has been deemed a public nuisance;
D. A statement ordering the property owner and the vehicular food vendor to abate the condition(s), and specifying the
manner in which the same shall be abated, and the period within which such abatement shall be accomplished.
Service of said notice may be made by delivery to the property owner and to the vehicular food vendor or person in
possession personally or by enclosing the same in a sealed envelope, addressed to the occupant at such premises, or to
the property owner at the address provided in the Vehicular Food Vending Permit application, postage prepaid,
registered or certified mail, return receipt requested, and depositing same in the United States mail. Service shall be
deemed complete at the time of the deposit in the United States mail.
It is unlawful for the property owner and/or business owner/operator to fail or neglect to comply with such order or
notice of abatement. In the event that the property owner and/or the vehicular food vendor shall not promptly proceed to
abate said nuisance condition(s), that is to say within seven (7) days of notice to abate, as ordered by the enforcing
official, the abatement procedure set forth in Section 8.09.060 may be undertaken.
8.09.110 Notice. administrative hearing and abatement.
A. Notice of Administrative Hearing. The City Manager, or his or her designee, upon failure of the property owner
and/or the business owner/operator to promptly proceed to abate said nuisance condition(s) as ordered, and or/upon
receipt of a written notice from the subject property owner and/or the business owner/operator stating that they wish to
appeal the determination of violation by the City Manager, or his or her designee, may forthwith fix a time and place for
an administrative hearing of the matter. In all such cases, the City Manager, or his or her designee, shall serve, or cause

ordinance

to be served, notice of said hearing upon the person in possession of such premises, the property owner and the business
owner/operator thereof, not less than seven days prior to the time fixed for such hearing stating the nuisance condition(s)
that is the subject of the hearing. Service of said notice may be made by delivery to the property owner and to the
vehicular food vendor or person in possession personally or by enclosing the same in a sealed envelope, addressed to the
occupant at such premises, or to the last equalized assessment rolls of the city, postage prepaid, registered or certified
mail, return receipt requested, and depositing same in the United States mail. Service shall be deemed complete at the
time of the deposit in the United States mail.
B. Administrative Hearing. At the time and place set for the hearing, a Hearing Officer, designated by the City Manager,
shall hear such evidence as may be presented by said property owner and/or said business owner/operator, person in
possession or their representative. Such hearing may be continued from time to time by the Hearing Officer, provided
that notice is given to said property owner and to said vehicular food vendor or person in possession. Service of said
notice shall be deemed complete at the time of deposit in the United States mail. The findings of the Hearing Officer
shall be rendered at the time of such hearing and thereupon shall be announced to such property owner and vehicular
food vendor.
Upon a determination that a nuisance condition(s) exists, the Hearing Officer shall give written notice, in the manner
provided in subsection A of this section, to the property owner and to the business owner/operator to abate such
condition forthwith. Service of said notice shall be deemed complete at the time of deposit in the United States mail. If
such abatement is not commenced within seven days thereafter and is not completed within fourteen days of noticing, the
City Manager, or his or her designee, shall cause the same to be abated at the property owner's expense.
8.09.120 Abatement procedure.
A. Failure to Appear and Untimely Appeals. In those cases where the property owner and/or the vehicular food vendor
or person in possession does not appear for the administrative hearing or appears for the administrative hearing but does
not give timely notice of an intent to appeal, and there is no good cause shown, the City Manager, or his or her designee,
may direct that the condition causing the public nuisance be abated.
Thereafter, the City Manager, or his or her designee, shall give or cause to be given written notice, in the manner
provided in Section 8.09.080A, to the property owner and to the vehicular food vendor or person in possession of said
premises to abate such condition forthwith. Service of said notice shall be deemed complete at the time of deposit in the
United States mail. If such abatement is not commenced within seven days thereafter and diligently prosecuted to
completion, the City Manager, or his or her designee, shall at the property owner's and/or business owner's/operator's
expense, cause the same to be abated.
B. Abatement. The City Manager, or his or her designee, may order to be paid by property owner and the business
owner/operator of said premises all sums that may be necessarily expended by the city in abating such condition,
including but not limited to the abatement work cost, abatement contract administering costs, storage and abatement
work supervising costs. In lieu of employing a contractor or other person to abate such condition, the City Manager, or
his or her designee, may call upon the Building Division or other departments of the city to abate such condition. Upon
completion of the abatement work said abatement costs shall be secured by a special assessment lien recorded against the
subject property in the Office of County Recorder, Alameda County. Said special assessment lien shall substantially
comply with the form outlined in Section 8.09.110.
At the time that the city elects to perform the abatement work, the City Manager, or his or her designee, may record a
notice of prospective special assessment lien against the subject property. Such notice shall include a description of the
proposed abatement work and an estimate of its costs. The notice shall indicate that the actual costs may exceed the city's
estimate.
8.09.130 Notice of special assessment lien.
The special assessment lien mentioned in Sections 8.20.080C and 8.20.090 shall substantially comply with the following
form:
NOTICE OF SPECIAL
ASSESSMENT LIEN
Pursuant to authority vested in me, and the provisions of Chapter 8.09, of the Oakland Municipal Code, I did, on the
, 20_, cause a condition or chargeable action upon the hereinafter described real property to be day of
, and that said amount has not
abated at the expense of the property owners thereof, in the amount of $
been paid nor any part thereof, and the City of Oakland does hereby claim a special assessment lien upon the hereinafter

ordinance

described real property in said amount; the same shall be a special assessment lien upon the said real property until said
sum with interest thereon at the legally allowable rate from the date of the recordation of this special assessment lien in
the office of the County Recorder of the County of Alameda, State of California, has been paid in full. The real property
herein above mentioned and upon which a special assessment lien is claimed is that certain parcel of land lying and being
in the City of Oakland, County of Alameda, State of California, and particularly described as follows, to wit:
[INSERT DESCRIPTION OF PROPERTY]
Dated this _ _day of
, 20_
(City Manager, or his designee)
City of Oakland
8.09.140 Replacement prohibited.
If the public nuisance to be abated is one defined in Section 8.09.040:

A. The hearing notice required by Section 8.09.070A shall specify that abatement shall consist of removal of the
vehicular food vending vehicle, and that no vehicular food vending vehicle shall be located on the same parcel, or on any
contiguous parcel owned by the same property owner, to replace the removed vehicular food vending vehicle for a
period of one year from the date of removal; and
B. Any decision of the Hearing Officer ordering abatement shall specify that no vehicular food vending use shall be
installed on the same parcel, or on any contiguous parcel owned by the same property owner, to replace the removed
vehicular food vending use for a period of one year from the date of removal.
8.09.150 List of abated locations.
The City Manager, or his or her designee, shall maintain, and make available upon request, a list of locations where
vehicular food vending is prohibited pursuant to Section 8.20.030.
8.09.160 Violations constituting infractions.
Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of an infraction.
8.09.170 Penalty for violation.
Any person convicted of an infraction under the provision of this chapter shall be punished upon a first conviction by a
fine of not more than one thousand dollars ($1000.00) and, for a second conviction within a period of one year, by a fine
of not more than two thousand dollars ($2000.00) and, for a third or any subsequent conviction within a one-year period,
by a fine of not more than five thousand dollars ($5000.00). Any violation beyond the third conviction within a one-year
period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of
the same shall be punishable by a fine of not more than ten thousand dollars ($10000.00) or by imprisonment in the
county jail for a period of not more than six months or by both. Any person violating or failing to comply with any of
the provisions of this chapter shall be subject to civil penalties and administrative citations per sections 1.08 and 1.12 of
the Oakland Municipal Code.
8.09.180 Continuing violation.
Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any
portion of which a violation of this chapter is committed, continued or permitted by the person and shall be punishable
accordingly as herein provided.
8.09.190 Civil actions.
In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action
brought by the city. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of the
following remedies:
A. A temporary and/or permanent injunction;

ordinance

B. Assessment of the violator for the costs of any investigation which led to the establishment of the violation, and for
the reasonable costs of preparing and bringing legal action under this subsection, including but not limited to attorney
compensation.
8.09.200 Remedies not exclusive.
Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
The remedies provided for herein shall be cumulative and not exclusive.
8.09.210 Joint and several liability.
The property owner and the vehicular food vendor shall be jointly and severally liable for violations of this chapter.

Section 3. Any pennit issued pursuant to this Ordinance shall remain in effect for a period of eighteen
months from the effective date of this ordinance set forth below. Within twenty months of the adoption of
this Ordinance, the City Council will consider tenninating, expanding and/or revising the Pilot Program
established herein. Should the City Council take no action, all pennits issued pursuant to the provisions of
this ordinance shall expire twenty months after the adoption of this ordinance.
Section 4. This Ordinance is necessary to preserve the public health, safety and general welfare because of
the potential hann to the area resulting from the unregulated distribution of food products, general
appearance and attraction of additional nuisances by vehicular food vending.
Section 5. This Ordinance shall be effective 60 days after adoption by this City Council.
Section 6. This Ordinance is enacted pursuant to the City of Oakland's general police powers, Section 106
of the Charter of the City Of Oakland,
and Article XI of the California Constitution.
Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of this Ordinance and the application shall not be affected thereby.

IN COUNCIL, OAKLAND, CALIFORNIA,

, 2000

PASSED BY THE FOLLOWING VOTE:

AYES-

BRUNNER, CHANG, MILEY, NADEL, REID, SPEES, WAN, AND

PRESIDENT DE LA FUENTE

NOESABSENTABSTENTION-

ATTEST:

------=-=::::-::--=------CEDA FLOYD

City Clerk and Clerk of the Council

of the City of Oakland, California

ordinance

CEDA Committee

January 23, 200 I

ATTACHMENT D: PROPOSED PLANNING CODE AMENDMENT

On December 6, 2000, the Planning Commission voted unanimously to amend the Planning
Code, as follows, contingent upon adoption of the Vehicular Food Vending Pilot Program
Ordinance by the City Council:

ee, .. ef
JAN 23 2001

OAKLAND CITY COUNCIL

ORDINANCE

No.

INTRODUCED BY COUNCILMEMBER

C.M.S.
_

AN ORDINANCE AMENDING THE MASTER FEE SCHEDULE (ORDINANCE

NUMBER 9336 C.M.S.) TO ADD A VEIDCULAR FOOD VENDING FEE.

WHEREAS, on July 24, 1990, a special session of the City Council considered a proposal to permit
vending on public property on (sidewalks) at approximately thirteen (13) locations throughout the City. The
council accepted the report and instructed staff to expand the proposal to include guidelines for regulating
vending activities citywide on private property, specifically in commercially zoned areas; and,
WHEREAS, on October 29, 1991, the City Council Public Safety Committee held a special meeting
to review a report presented by the City Manager's Office that proposed an amendment to the City's
Municipal Code Regulations to implement controls for street vending sales activities; and,

WHEREAS, City staff has identified approximately twenty-five (25) vehicular food vendors
operating illegally in the City of Oakland; and

WHEREAS, the vehicular food vendors provide a service to the Oakland community with
convenient hours of operation; and,
WHEREAS, City staff has received complaints about nuisances related to the vehicular food
vending use; and

WHEREAS, implementation of the Vehicular Food Vending Pilot Program would result in
increased costs to the City for administration, enforcement and monitoring ofthe program, estimated at a
cost of $2,000 per vendor; and

WHEREAS, it is anticipated that twenty-five (25) vehicular food vendors would apply for permits
under the Vehicular Food Vending Pilot Program; and
WHEREAS, fees would generate approximately $50,000 in revenues; and
WHEREAS, the City Council finds and determines that the public safety, health, convenience,
comfort, property, and general welfare will be furthered by enforcement of the Vehicular Food Vending
Pilot Program; now therefore,

CtJ6

JAN 2 3 2001
master fee ordinance

THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:

Section 1. Section G.29 (Community and Economic Development-Building Services-Code Compliance)
of the Master Fee Schedule as set forth in Ordinance Number 9336 C.M.S., as amended, is hereby amended
to add:
1.

Vehicular Food Vending

1.
Application/Processing
2.
Permit

$50/site (this fee shall be applied to permit fee)

$2,000/site (includes application/processing fee)
/ .......~

Section 2. The City Council finds and determines that the foregoing recitals are true and correct, are an
integral part of this Ordinance, and provide findings to support the Ordinance.

Section 3. This ordinance shall be effective upon approval by the Council of the City of Oakland.

IN COUNCIL, OAKLAND, CALIFORNIA,

,2000

PASSED BY THE FOLLOWING VOTE:

AYES-

BRUNNER, CHANG, MILEY, NADEL, REID, SPEES, WAN, AND

PRESIDENT DE LA FUENTE

NOESABSENTABSTENTION-

ATTEST:

-----------

CEDAFLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California

(,6
JAN 2 3 200t
master fee ordinance

OAKLAND CITY COUNCIL

RESOLUTION

No.

C.M.S.

RESOLUTION AUTHORIZING THE CITY MANAGER TO

APPROPRIATE $50,000 IN REVENUE AND EXPENDITURE TO THE
COMMUNITY AND ECONOMIC DEVELOPMENT AGENCY BUILDING
DIVISION

WHEREAS, City staff has identified approximately twenty-five (25) vehicular

food vendors operating illegally in the City of Oakland; and
WHEREAS, the vehicular food vendors provide a service to the Oakland
community with convenient hours of operation; and,
WHEREAS, City staff has received complaints about nuisances related to the
vehicular food vending use; and
WHEREAS, implementation of the Vehicular Food Vending Pilot Program
would result in increased costs to the City for administration, enforcement and
monitoring of the program, estimated at a cost of$2,000 per vendor; and
WHEREAS, it is anticipated that twenty-five (25) vehicular food vendors would
apply for permits under the Vehicular Food Vending Pilot Program; and
WHEREAS, fees would generate approximately $50,000 in revenues; and
WHEREAS, the City Council finds and determines that the public safety, health,
convenience, comfort, property, and general welfare will be furthered by enforcement of
the Vehicular Food Vending Pilot Program; now therefore,
RESOLVED: That the City Manager is hereby authorized to appropriate
$50,000 in revenue and expenditure to the Community and Economic Development
Agency Building Services Division.
IN COUNCIL, OAKLAND, CALIFORNIA,

, 19

PASSED BY THE FOLLOWING VOTE:

WAN
AYES- BRUNNER, CHANG, MILEY, NADEL,
PRESIDENT DE LA FUENTE

REID.)f,\1jSZ~

SPEES AND

NOES-

(pt (g

ABSENT-

JAN 2 3 2001

ABSTENTIONATIEST:

_
CEDA FLOYD

600244 (1/99)

City Clerk and Clerk of the Council

of the City of Oakland, California

OAKLAND CITY COUNCIL

RESOLUTION NO.
INTRODUCED BY COUNCILMEMBER

c.

DRAFT

M. S.
_

RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY

OF OAKLAND AND EAST BAY COMMUNITY LAW CENTER TO
PROVIDE TENANT EDUCATION WORKSHOPS IN AN AMOUNT NOT
TO EXCEED $47,000 FOR THE PERIOD OF JANUARY 1,2001 THROUGH
JUNE 30, 2001.
WHEREAS, during the 1999-2001 budget process Council President Ignacio De La
Fuente proposed that $50,000 be set aside for multilingual outreach to Oakland tenants to inform
them of their rights and responsibilities under the law, with $3,000 of this amount spent during
Decent Housing Week in 1999 to provide tenant workshops; and
WHEREAS, the City Council wishes to provide multilingual tenant outreach and
education to the citizens of Oakland; and
WHEREAS, the amount of $47,000 has been appropriated for this purpose from the
General Fund through the FY 1999-2001 budget process; and
WHEREAS, the Tenant Education Collaborative, comprised of East Bay Community Law
Center as the lead agency, with Centro Legal de la Raza, Sentinel Fair Housing, and Housing
Rights, Inc. as the partners, submitted a proposal to provide multilingual tenant education and
outreach in an amount not to exceed $47,000; and
WHEREAS, the members of the Tenant Education Collaborative have all demonstrated
their capacity and expertise in providing multilingual tenant education and outreach; now,
therefore, be it
RESOLVED: That the City Council authorizes an agreement between the City of
Oakland and East Bay Community Law Center to provide tenant education workshops in an
amount not to exceed $47,000 for the period of January 1, 2001 through June 30,2001; and be it
FURTHER RESOLVED: That the City Manager is authorized to conduct all
negotiations, execute and submit all documents, including but not limited to agreements,
amendments, modifications, payment requests, and to take all related actions which may be
necessary with respect to the agreement in accordance with this Resolution and its basic purpose;
and be it

Co-'1
JAN 2 3 2001

FURTHER RESOLVED: That said agreement shall be approved as to form and legality
by the Office of the City Attorney and placed on me with the Office of the City Clerk.

IN COUNCIL, OAKLAND, CALIFORNIA,

, 2001

PASSED BY THE FOLLOWING VOTE:

AYES- BRUNNER, CHANG, NADEL, REID, WAN, SPEES AND PRESIDENT DE LA FUENTE

(o~1
JAN 23 2001

NOESABSENTABSTENTIONATTEST:

-=-=-

---------

CEDA FLOYD
City Clerk and Clerk of the Council