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Title:
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Discussion of the Subject of Mobile Food Vendors (Food Trucks) and Direction to the City Manager as Deemed Appropriate.
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City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council discuss the subject of food trucks and direct the City
Manager as deemed appropriate.
BACKGROUND:
In recent years, a trend has emerged that has transformed the Mobile Food Vendor
(MFV) industry, which had, in times past, been viewed somewhat negatively— — into a
new phenomenon throughout the United States. MFVs, which previously operated
predominately at construction sites during the breakfast and lunch hours, have recently,
over the past decade or so, improved both the quality and the variety of menu items
offered and, in some cases, have received high praise from food critics. Given the Los
Angeles region’s trend setting nature, MFVs have seen a marked increase in number
due, in significant part, to the demand of a hungry public for the unique food and
beverage offerings conveniently made available curbside.
Meeting Date: 03/28/11 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Discussion of the Subject of Mobile Food Vendors
(Food Trucks) and Direction to the City Manager as Deemed Appropriate.
Contact Person/Dept.: Martin R. Cole Phone Number: 310-253-6000
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: []
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council (03/09/11; 03/23/11); (E-Mail)
Courtesy Notice to Meetings and Agendas – City Council (03/01/11;03/10/11;03/23/11) –
Homeowners’ Associations – Downtown Neighborhood Association/Fox Hills Neighborhood
Association/Gateway Neighborhood Association (03/01/1103/10/11;03/23/11); (E-Mail)
Courtesy Notice to Organizations – Chamber of Commerce (03/01/1103/10/11;03/23/11); (E-
Mail) Courtesy Notice to Press Organizations (03/01/1103/10/11;03/23/11); (E-Mail)
Courtesy Notice to Downtown Business Association (03/01/1103/10/11;03/23/11); (E-Mail)
Courtesy Notice to Southern California Mobile Food Vendors Association
(03/01/1103/10/11;03/23/11)
Department Approval:
Martin R. Cole (03/22/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (03/23/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (03/23/11)
City Manager Approval:
John M. Nachbar (03/23/11) City of Culver City, California
Agenda Item Report
With the increase in popularity of MFVs, concerns have been raised on at least two
fronts: (1) the impact of MFVs on traditional “brick and mortar” based restaurants and
(2) appropriate regulation of MFV vehicles to ensure patrons and owners of MFVs are
able to operate safely in areas where potential traffic and other safety concerns can be
adequately addressed.
DISCUSSION
Tonight’s meeting is an opportunity for interested persons and organizations to provide
the City Council with comments regarding the operation of MFVs in Culver City. While
the discussion is expected to primarily involve mobile food trucks, staff will also mention
mobile merchandise vendors and cart-based food/merchandise vendors (such as push-
cart ice cream vendors). While the City Council is considering what, if any, direction to
provide to the City Manager, it is recommended the City Council keep in mind the
following.
MFVs are regulated by the State of California. The California Vehicle Code (CVC)
permits MFVs to vend products (including food) in a “residence district” after bringing
the vehicle to a complete stop and lawfully parking adjacent to the curb. The CVC also
references the requirements of the Health and Safety Code which require the MFV be
within 200 feet travel distance of an approved and readily available toilet and hand
washing facility if the MFV is stopped for more than a one-hour period. The Culver City
Municipal Code (CCMC) also provides additional regulations related to “street vendors.”
The regulation of MFVs is shared between State and local law. The interaction of those
two levels of regulation is still subject to interpretation by the courts and has been the
subject of recent challenges. State law provides local government with the authority to
adopt additional time, place and manner requirements for the purpose of protecting
public safety. In the course of considering these recent concerns over MFVs, staff has
carefully reviewed the CCMC in light of current statutory and case law and would
recommend that certain provisions of the CCMC be updated regardless of any
additional or different requirements the City Council may wish to consider.
After considering the input of interested parties, the City Council may wish to consider
the following options:
(1) Direct the City Manager and City Attorney to prepare an item for the City
Council’s consideration at a future City Council meeting which would institute a
temporary moratorium on the issuance of business tax certificates to MFVs for a
period of 45 days, in order to allow staff additional time to study the impacts of
MFVs; or, City of Culver City, California
Agenda Item Report
(2) Direct the City Manager and the City Attorney to prepare recommended
amendments to both update and enhance the CCMC provisions applicable to
MFVs as they relate to providing for adequate public safety and return no later than
May 23, 2011 to the City Council (without institution of a moratorium); or
(3) Determine to take no additional action (in which case staff would prepare a
base level of recommended amendments for the City Council’s consideration, in
order to update the CCMC for consistency with state law).
FISCAL IMPACT
This evening’s item is intended for discussion purposes and to provide the City Council
with an opportunity to provide direction to the City Manager on this subject. Should the
City Council direct that a follow-up item be prepared, then the fiscal impacts associated
with that proposed action would be provided at that time.
MOTION
That the City Council:
Discuss the subject of Mobile Food Vendors and direct the City Manager as deemed
appropriate.