Los Banos council clears path for more food trucks in city

The City Council on Wednesday approved changes to the mobile vendor ordinance that will keep Los Banos out of legal trouble and allow additional food trucks in town.

Because of the increased popularity of food trucks statewide, Senior Planner Stacy Elms and City Attorney William Vaughn decided to modify the ordinance. Vaughn said he’s reviewed recent case law stating that mobile vendor ordinances can be tied to health and safety concerns only. He and Elms said when the city crafted its ordinance there was a lot of discussion about protecting storefronts, which could now have led to lawsuits.

Before this week’s vote, Los Banos’ ordinance said a mobile vendor cannot be within 500 feet of a similar business. The regulation had the effect of limiting the number of food trucks in the 10 square-mile town. According to city staff three food trucks are operating in Los Banos and a handful of others have been unable to find a location to operate. The ordinance also did not allow for one-day permits for vending, ice cream cart operators to do business year-round, food vendors to operate on private property during special occasions or public areas where food trucks can set up shop on a limited basis.

The changes in the ordinance were questioned by council members when the item first appeared before them on June 3. Councilwoman Deborah Lewis was adamant that city staff review other instances around the state in which cities have decided to protect “brick and mortar” businesses and have not been sued.

Wednesday’s hearing was nearly void of such discussion. During a break in the proceedings the Enterprise asked Lewis if she would be OK voting for the changes if the 500-foot requirement was dropped from the ordinance. Lewis responded that she would support such a proposal. The councilwoman followed through by taking part in a unanimous vote.

Mayor Mike Villalta took issue with the how traffic and parking would be impacted if the new ordinance allowed food trucks at Pacheco Park.

“I’m thinking we’re creating a traffic hazard and safety issue on Pacheco,” he said. “I’ve spent a lot of time on Pacheco Boulevard at the fireworks booth watching traffic go by. We’re going to clog it up even more. It’s not something I want to be a part of.”

City staff was able to ease the mayor’s concerns by suggesting an option of placing a limit of two food trucks doing business at Pacheco Park. The food trucks also cannot vend during events at the park that attract large crowds, such as the annual Mother’s Day in the Park event.

Although the ordinance change was approved, Councilwoman Elizabeth Stone expressed concern for ice cream vendors whose 180-day permits may expire, leaving them in limbo as they wait 60 days for the new law to go into effect allowing them to operate the entire year. Vaughn said that portion of the ordinance can be enacted by the council through a special motion at the Aug. 5 meeting.

City Manager Steve Carrigan expressed gratitude that the ordinance changes were finally approved.

“Mobile vending is becoming more and more popular, especially with the advent of social media,” Carrigan said. “The legal aspect is very,very important.”

This story was originally published July 2, 2015 at 12:07 PM with the headline "Los Banos council clears path for more food trucks in city."