City Council: Overview on food trucks doesn’t change status quo

February 10, 2017
Santa Paula News

The City Council heard an overview on food trucks at the February 6 meeting and opted to file the report without taking action on what had become controversial mobile eateries.

The issue surfaced several months ago when merchants, the Chamber of Commerce and owners of several brick-and-mortar restaurants questioned the council about the impacts of food trucks. Restaurant owners noted food trucks are not obligated to pay overhead expenses, fees and taxes borne by those with a building. 

At the February 6 council meeting, Deputy Planning Director James Mason noted that food trucks formerly were those that visited construction sites and other locations at meal times.

Over the years food trucks evolved into mobile gourmet eateries “showing up for hours at a time with full service kitchens” not related to the council’s issue.

Other cities, he noted, have been “inundated” with food trucks drawing in larger areas such as Oxnard and Ventura 60 to 80 trucks a week.

Food trucks are regulated under the state Vehicle Code, Ventura County Environmental Health and the city.

To date, said Mason, “What we’ve dealt with,” are trucks — four licensed last year and two this year — parking on private property with access to hot water and restrooms as required.

The city’s main legal concern about food trucks is public safety concerning right-of-way, distance to schools and other facilities and visual or physical deterrent or obstructions.

The city requires a site plan for food trucks as well as insurance, food handler permits, a letter from the private property and city business license, among other documentation.

“When they accomplish all that they get the decal,” that signifies they are fully vetted; if a truck does not display the deal, “They’re not in compliance.”

Overall, he added, “Public safety is the litmus test…”

The issue is a “moving target” that spiked during the Great Recession when restaurants closed and food trucks become more prevalent, and now has waned with the improving economy. 

Last year, said Mason, the city had four permitted food trucks and “so far this year” two. 

During public comment former restaurant owner Carlos Guzman, now the operator of the juice bar and ices store on Yale Street, told the council the food truck ordinance adopted in 1994 is not being enforced. 

“It gave us road direction 23 years ago,” and to “pretend they are not competing with the restaurants is completely unfair…they pay for trash services,” and other utilities among other inequities with brick-and-mortar eateries.

La Terraza owner Adan Sandoval said he was present at the 1994 meeting where food trucks were addressed by the city. 

“It was the same problem at that time and there is nothing new; it’s not fair,” and he noted there are many empty buildings where food truck owners should open an eatery.

Vice Mayor Ginger Gherardi asked about food trucks for special events and was told such appearances require one-time special event or special use permits usually organized by the event’s sponsor.

The bottom line said City Attorney John Cotti, is “We are prohibited from banning food trucks, we can’t regulate them,” except for parking and traffic safety reasons.

If “trying to impose restrictions other than those relating to safety,” law would stop the city he added.

Councilman Clint Garman asked where the two permitted food trucks are being parked and was told the 1200 block of East Main Street and the 300 block of Harvard Boulevard.

“I’m really struggling with this and I’ll tell you why,” said Councilman Martin Hernandez. “One is for cultural reasons,” whereas going out for street tacos is very popular.

“To think they don’t belong in town is wrong,” and impinges free enterprise.

He noted trucks can be regulated and should be on pertinent issues and those that think food trucks are violating their permits should complain to the city, which could lead to a permit suspension.

Hernandez said, “We probably expended more in staff time that what we get in sales taxes,” and such taxes are paid out of a scountywide pool that Santa Paula receives 1.9 percent from.

Garman said the city fees “do seem low” and learned that the city has raised same to about $240 per truck.

“The issue of fairness was brought up,” said Councilman John Procter.

“We don’t want to bilk people but those with brick-and-mortar,” restaurants “have been stiff fees,” and he recommended that attention be paid to proximity of food trucks and restaurants.





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