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Food truck ordinance talks postponed

by Brandon Darnell, published on November 1, 2011 at 8:30 PM

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Any decision regarding Sacramento’s controversial food truck ordinance – which currently limits trucks to operating a maximum of 30 minutes in one spot – will have to wait, since a City Council Law and Legislation Committee meeting was canceled Tuesday.

“There’s a lot of stuff to look at in state law, and we’re trying to figure that out,” said Councilman Jay Schenirer, chairman of the committee. “A lot of it is whether it’s just legal or not.”

One of the legal issues is that California Vehicle Code protections on commercial vehicles can arguably be applied to mobile food vendor operations.

Operators of food trucks have been advocating changing the city ordinance for more than a year, saying that the 30-minute time limit keeps them from being able to reasonably do business in city limits.

The inaugural SactoMoFo, a mobile food festival held in Fremont Park in April, was by all accounts a successful event, and since then, a serious push has been under way to revise Sacramento’s ordinance.

But it’s not as easy as doing away with the existing laws.

Some “brick-and-mortar” restaurateurs said they are afraid that allowing food trucks to operate within the city without proper regulation will pose serious threats to their businesses.

“What it comes down to is very real, very human issues,” said Daniel Conway, spokesman for the California Restaurant Association. “It’s a challenging economic time, and all business owners are as acutely aware of their balance sheet as ever.”

He added that he believes mobile food vendors and traditional restaurants can easily coexist.

The Law and Legislation meeting planned for Tuesday could have addressed that, but city officials said they want to make sure any new ordinance has legal merit.

“We’re still moving forward on it,” said Councilman Darrell Fong. “There’s a lot of interest from the different parties involved in this, and it’s going to take all those groups working together: restaurant owners, mobile food trucks and us as a city.”

Conway said the legality of local governments regulating commercial vehicles is murky at best.

“There is some existing case law and appellate law that has found the state vehicle code preempts local ordinances, and therefore local governments are pretty limited in what they can do to regulate commercial vehicles,” he said.

The answer to that question is what stalled the issue in Sacramento Tuesday.

“They really want to make sure they get this right, and I think they really are sincere about setting a model and giving citizens a chance to experience both types of food,” Conway said. “They’re digging deeper than most jurisdictions have.”

According to the staff report for the meeting, the revisions to the ordinance will be addressed in four areas: vending on public right-of-ways; vending on private property and any related zoning issues; hours of operation and/or time limitations; and permitting and operating requirements for mobile food vendors.

Conway added that he doesn’t think the City Council is being complacent and pushing the issue aside, but rather that it has been very busy since April, dealing with issues such as medical marijuana, Occupy Sacramento, backyard chicken coops and the budget.

“I always say, it was being awfully hopeful that we could be able to get it done by the year’s end,” said Catherine Enfield, who operates the Munchie Musings blog and aTwitter account covering Sacramento food trucks.

“Basically, it’s just frustrating,” she said, “but it’s just a setback in the timeline. I’m still very encouraged by what I hear out of City Hall. I’m still very hopeful, you just have to be patient.”

Brandon Darnell is a staff reporter for The Sacramento Press. Follow him on Twitter @Brandon_Darnell.

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November 1, 2011 | 9:28 PM
I see Mr Schenirer is either drawing from his experience on the school board or learned a trick or two from Heather Fargo ...talk and study something to death and hopefully it will go away..
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November 2, 2011 | 7:31 AM
Great job. Glad you grabbed them for interviews. Catherine
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November 2, 2011 | 8:53 AM
I am on the side of the mobile trucks. But for the love of Korean tacos, just make a decision Sac City Council.

I can't believe they went on the record claiming that Occupy Sacramento and chicken coops have delayed their ability to consider the mobile food truck situation.

Freaking bizarre that a city would spend millions to allow traffic on K Street with the dim hope that it will draw in some customers. Meanwhile Sacramento literally wins the lottery and has a rather ad hoc but incredibly successful Sacto Mofo event dropped in their lap. and the city instead spends their time considering chicken coops.
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November 2, 2011 | 9:52 AM
Maybe the new K st with cars can be a special zone for food trucks at lunch?
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November 2, 2011 | 10:12 AM
Hi Cogmeyer,

In the article, I never quoted or sourced anyone on the City Council or in the city government as saying Occupy Sacramento and chicken coops delayed their ability to make a decision. That comment is attributed to Daniel Conway of the California Restaurant Association, which is not at all a part of the city, but an industry organization. He merely pointed out that the council has had a lot on its plate lately, and it was relevant to the article, so I included it.
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November 2, 2011 | 10:23 AM
RE:"Maybe the new K st with cars can be a special zone for food trucks at lunch"

Not even possible to happen! As I understand the original proposal...there is to be no parking on K St.

You will have cars sharing the travel lanes with Light Rail and it looks like they have stripped a bike lane to either side of traffic lanes....So where do you envision these trucks or for that matter any vehicles being parked? On what's left of the pedestrian right-of-way?
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November 2, 2011 | 11:00 AM
Brandon
my bad... on first read I didnt catch that Conway is speaking for the restaurant association not the city.

An easy mistake to make though, since Conway appears to speaking on behalf of city staff for 3 paragraphs, seeming to know their challenge with motor vehicle code, defending them as not being complacent, and then wrappiong it all up by highlighting how hard city staff has been working on chicken coops and Occupy Sacramento.

It almost seems like the California Restaurant Association is acting as city staff's brain for this issue. Great journalistic scoop Brandon.
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November 2, 2011 | 11:06 AM
Thank you for your comments. I'm sorry it wasn't immediately clear. With details not released by city officials, it seemed prudent to get an analysis from an industry expert familiar with the issue not just in Sacramento, but other jurisdictions across California. Even if city officials had released more details, I would still have talked to Conway to get a source from outside the city.
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edited on  November 3, 2011 | 10:33 AM
I guess the moral of the story is that the mobile food agenda would be getting a lot more attention around city hall if they had a lobbyist like Mr. Conway hobbnobbing and buying dinners on their behalf, as the restaurant owners do.

How silly of the food truck vendors to just focus on delivering hot tasty meals, and ignore on the seedy business of political lobbying.
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edited on  November 2, 2011 | 9:03 AM
"Conway added that he doesn’t think the City Council is being complacent and pushing the issue aside, but rather that it has been very busy since April, dealing with issues such as medical marijuana, Occupy Sacramento, backyard chicken coops and the budget."

-------------------------

Glad to see that the most important issue facing the city, i.e. the budget, is at least recognized as one of the things that they have been doing since APRIL. God forbid they fail to deal with other crucial issues such as medical marijuana or backyard chickens. Oh, and Occupy Sacramento just started last month, so its not like they've been all that busy with it previously.

i also just noted that in a related story, the council also took the time to "name the alleys" in downtown Sacramento. Again, we really have to be proud of the council for focusing on the key issues facing our community. Good job guys - way to earn those salaries!
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November 2, 2011 | 10:28 AM
I just had an email forwarded to me that the arena people will be having a discussion about areana parking and private/city parking partnership tomorrow at city hall....at 10:30 AM

There's a nice hour to have community members show up!

Evidently the business journal had in their "Latest News" section online this morning.

http://www.bizjournals.com/sacramento/news/2011/11/02/arena-committee-parking-sacramento.html
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November 8, 2011 | 12:15 PM
i'm pretty sure that an entire study doesn't need to be done as mobile food trucks are successful in many other cities. perhaps that's where we should start?
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