sr-062111-4aCity Council Meeting: June 21, 2011
Agenda Item:
To: Mayor and City Council
From: Andy Agle, Director of Housing and Economic Development
Subject: Mobile Vending Trucks
Recommended Action
Staff recommends that the City Council consider issues relating to mobile vending truck
operations and give direction to staff:
1. To assess the need for additional on-street regulations regarding parking time
limits and/or prohibitions, where needed, for public safety;
2. To return to Council with recommendations regarding proposals to the State
legislature to amend the Vehicle Code to allow local governments authority to
establish special designations for on-street mobile vending;
3. To return to Council with recommendations regarding the permitting process for
off-street mobile food vending trucks on specific sites.
Executive Summary
The presence of mobile vending trucks, especially food vending trucks, has increased in
recent years. Businesses in Santa Monica have complained that these trucks block
visibility to their stores and create unfair competition. This report presents issues related
to mobile vending trucks operating on public streets and on private property, and offers
options for Council to consider in developing a mobile vending truck policy. Also
included in this report is a discussion of the laws that regulate mobile vending trucks,
both locally and at the State level, the approaches used in nearby cities to manage
mobile vending trucks, and the results of published reports and the intercept survey
conducted at the weekly food truck event operating at the California Heritage Museum.
The focus of the report is on food vending trucks, although retail vending trucks would
be subject to many of the same considerations.
This report finds that, given State law, the City is limited in regulating location, times and
duration of food vending trucks on the street. To respond to community concerns, the
City can modify existing on-street parking restrictions for public safety purposes. In
addition, the City can lobby for state legislation to allow cities to deal specifically with
mobile vending trucks. Finally, this report recommends that the City Council create a
permanent permitting mechanism to ensure that off-street mobile food vending supports
the broadest community objectives.
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Background
On January 4, 2010, the City's Code Compliance staff received a complaint regarding
the use of a vacant lot at 1401 Santa Monica Boulevard for a staging area for food
vending trucks. The use was not permitted at the subject site, which is in the C4
Highway Commercial District. The City issued a Notice of Violation to the property
owner for violating the provisions of the Zoning Ordinance as well as other Municipal
Code provisions related to business operations. A January 7, 2010 Council Information
Item provided information on the specific Code violations and noted ordinance
amendments that would be required to allow the use. On JanuaN 19, 2010, the City
Council directed staff to examine options for authorizing food vending truck operations
on private property and to propose a mechanism to allow these trucks to operate on a
temporary basis, subject to operational conditions. During this test period, staff would
assess the potential long-term issues and determine if on-going operation was
warranted. An August 11, 2010 Council Information Item outlined the existing
Temporary Use Permit process as the permit mechanism to authorize short-term food
vending truck operations.
In September 2011, the Zoning Administrator granted the California Heritage Museum a
Temporary Use Permit ("TUP") to operate a weekly food truck court in the parking area
of the museum located on Main Street and Ocean Park Boulevard. The TUP included
conditions that would ensure neighborhood compatibility in relation to:
® Hours of operation
® Restroom availability
® Security
• Refuse and recycling requirements
® Bicycle parking
® Signage
® Lighting and noise
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In addition to the Heritage Museum, the City granted another TUP for a weekly food
truck event at 14th Street and Santa Monica Boulevard. However, the TUP has not
been executed.
The weekly Heritage Museum food truck event has been carefully evaluated and the
results of that evaluation and other research are presented to expand the Council's
understanding of the impact of mobile vending truck operations within the City.
Discussion
Traditional food vending trucks, or "loncheras," have operated for years, servicing
locations such as construction sites and factories where access to restaurants is limited.
These mobile food trucks are better known for offering simple fare, and for staking out a
single spot where they may do business for the entire workday on a daily basis. As the
manufacturing sector has decreased, fewer lonchera operators are making multiple
short stops, as was the practice 30 or 40 years ago.
Food vending trucks offering a range of dining choices are a relatively new
phenomenon whose popularity has spread across the United States. These
newcomers, also known as "Twitter trucks," are a distinct branch of the traditional food
vending trucks. They are highly visible mobile kitchens that offer a broad range of
innovative dining choices. Typically, these food trucks park in popular commercial
areas for varying lengths of time, then travel to a new location, often communicating the
new destination to their customers through Twitter and other social media.
There are several types of food vending vehicles:
Push carts are. non-motorized and operate on sidewalks.
® Trailers are non-motorized and are towed behind vehicles.
® Mini-trucks are small motorized trucks large enough for one or two people to
operate with on-board power or refrigeration.
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® Food Trucks are large, motorized trucks, considered a kitchen on wheels with on-
board power, a refrigeration unit, and are large enough for three to four people to
operate.
While food vending trucks have gained popularity, their owners and operators have
acknowledged the need to work with municipalities to develop and maintain positive
relations with the cities in which they do business. One of these efforts has been the
creation, in, January 2010, of the Southern California Mobile Food Vendors Association
("SoCaIMFVA"). Currently, the association's membership exceeds one hundred mobile
food trucks. This organization is an advocacy group whose attention is focused on the
regulatory issues that mobile food trucks are facing on a daily basis. The organization
helps to coordinate the food trucks that are present at the California Heritage Museum's
Tuesday evening food truck event.
Mobile Food Vendor Regulations
Mobile vendors that operate on public streets within the City are governed by both State
and local law. The California Vehicle Code and Article 3 of the Santa Monica Municipal
Code (SMMC) contain broad-based vehicle regulations, such as no parking zones,
vehicle size and parking time limits, and parking meter, parking space, and preferential
parking restrictions, which apply to all vehicles. All mobile vendors operating on City
streets must comply with these generally applicable regulations. Any failure to comply
with these restrictions, including feeding the meters in excess of the allowed time limits,
would result in a parking citation, which is a civil penalty. The City's Municipal Code
provides that each day counts as a separate and independent violation (SMMC Section
1.08.010). If a vehicle is parked beyond one day (24 hours) with a parking violation,
that vehicle would receive additional, citable violations. However, a vehicle that is
parked in one spot all day (for example, eight hours in a two-hour zone) would receive
only one citation.
The California Vehicle Code grants local governments significant authority to impose
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generally applicable parking regulations on public streets. The City is therefore free to
impose additional parking regulations that affect all vehicles equally. However, the
Vehicle Code limits local governments' ability to specifically regulate mobile food or non-
food vendors on public streets to their detriment unless there is a public safety concern.
Courts have consistently struck down mobile vending regulations enacted by other
municipalities that rely on other justifications, such as the need to protect local brick-
and-mortar businesses from mobile competition. Nevertheless, the California Vehicle
Code does allow the City to provide favorable treatment for on-street parking of vending
trucks by designating areas specifically for food or non-food vending trucks. However,
designating special areas for vending trucks would not prohibit these trucks from
parking in other legal parking spaces.
With respect to mobile food vendors, the California Retail Food Code and the Los
Angeles County Public Health regulations provide additional restrictions governing the
vending of edible items. Most notably, California Health and Safety Code (Cal Code)
Section 114315 requires all mobile food facilities that are stopped and conducting
business for more than one hour to operate within 200 feet of an approved, readily
available, and fully functioning restroom facility. If the restroom is within a business, the
food truck operator must have written permission from the business owner to use the
restroom. This requirement ensures that restroom facilities are available to the food
truck's employees. Recently, Los Angeles County adopted Ordinance 2010-0045,
which imposes enhanced regulations on mobile food facilities. On February 8 2011,
the Santa Monica City Council amended the City's municipal code to incorporate these
new County public health and food safety laws by adopting Ordinance No. 2346. These
regulations require:
(1) mobile food vendors to be rated on the same letter-grading scheme as
regular restaurants;
(2) County Health Inspectors to increase the number of annual inspections for
each mobile food vendor from one to two, with a sanitation grade card (A, B,
or C) to be issued after each inspection;
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(3) mobile food vendors to file a "Mobile Food Facility Route Sheet" with the
County, which details the arrival and departure times for each location where
retail food business will be conducted.
Mobile vendors operating on City streets are also required to comply with Chapter 6.36
of the SMMC, which states that these vendors must obtain a vendor permit and a
business license in order to operate within the City limits. SMMC Section 6.36.100
provides a list of additional requirements, including:
(1) location restrictions (e.g. not close to bus stops, intersections or other
vendors);
(2) clean-up responsibilities; and
(3) noise limits.
More than 150 food vending trucks are licensed to operate in Santa Monica. To
operate, mobile food trucks pay $50 for a business license, $25 for a Police Permit,
$107.16 for fingerprinting, and $25.83 for fingerprinting processing, for a total of
$207.99 for a new permit and $100:83 for renewals. Mobile food operators must also
pay for an LA County Public Health Permit (114381, to County .Code -Title
8.8.04.580), a monthly charge for a parking space at a commissary (where. health
regulations require that a food vehicle be stored, cleaned and serviced every day), the
capital costs of akitchen-equipped vehicle, which can range from $30,000 for a used
vehicle to well over $100,000 for a new one, and maintenance costs. Mobile food truck
operators are responsible for paying sales tax on the revenue they generate in each
municipality where they operate. The sales tax revenue generated from mobile vending
trucks is deposited into a County pool and distributed to the City in accordance. with a
formula.
Mobile Food Vending on Public Streets and Community Concerns
At its November 19, 2009 Board meeting, Downtown Santa Monica, Inc. (formerly
known as the Bayside District Corporation) recommended that the City Council
consider limiting. the location and number of mobile vending trucks operating in the City,
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to review permitting fees, and assess the operational issues and environmental impacts
of these trucks.
The nature of the complaints voiced by Santa Monica businesses regarding vending
trucks are similar to those heard in other communities around the country where
vending trucks frequent popular areas with well-established brick-and-mortar
businesses. The concerns raised by Santa Monica's business organizations generally
fall within the following categories:
® public safety
• community impacts
• economic impacts
Public safety concerns have been raised about drivers making illegal maneuvers to
access vending trucks and pedestrians walking into the streets to avoid food-truck
customers who are blocking the adjacent sidewalks. Another safety concern is that
parked vending trucks obstruct law enforcement officers' views into area businesses.
There are also public safety concerns that are unique to particular areas, such as the
presence of food trucks on Pennsylvania Avenue between 26th Street and Stewart
Street, where the absence of sidewalks can force pedestrians to congregate in the
street, at risk from vehicular traffic.
On Main Street, problems have been reported when patrons congregate around food
trucks after the bars close at 2:00 am. The Santa Monica Police Department reports an
increase in complaints from neighbors and has responded to numerous disturbing-the-
peace incidents during these early morning hours, which they attribute to the late night
presence of food trucks. The bar patrons who congregate around the food trucks can
be loud and have engaged in fights and other malicious behaviors.
Community impact concerns focus on security, trash collection, and general public
nuisance concerns such as odors permeating the surrounding area, limited access to
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restroom facilities for both employees and patrons, and proximity and respect for the
nearby community
The economic impact concerns include competition with established restaurants as a
result of the lower prices that vending trucks can charge because they do not have the
same overhead as brick-and-mortar restaurants (i.e., rent or special assessment fees
that have been used to make the area attractive for customers). Mobile vending trucks
also occupy scarce on-street customer parking for long periods that include the time
when they are using support vehicles to "save the space" until the vending truck arrives.
This practice was recently reported by a restaurant owner on Ocean Park Boulevard,
who noted that food trucks remain parked for long periods of time in the nine-hour
metered parking spaces that are meant for the students at The Art Institute of California.
Mobile Food Vending at City-Sponsored Events
The SMMC prohibits all vending activity in public parks (SMMC 6.36.100). Through the
Special Event Permit process, mobile food vending .trucks have been invited to
participate in city-sponsored events held on public property such as Glow, the Airport
Art Walk, and most recently the 2011 Santa Monica Festival.
Off-Street Food Vending Operations
An innovation used in other cities, and being tested in Santa Monica, has been to allow
food vending trucks to operate on private property. At the request of property owners or
tenants, food vending trucks regularly operate in a number of off-street locations
throughout the City, including Santa Monica Business Park and Bergamot Station.
The California Heritage Museum has sponsored an off-street food vending program
each Tuesday evening since September 21, 2010. The weekly event, organized with
the assistance of the SoCaIMFVA, occurs in the parking lot at 2640 Main Street. The
property is City-owned, but leased on a long-term basis to Ocean Park Restaurant
Corporation (The Victorian). The food truck operation is subject to the conditions set
forth in a Temporary Use Permit that establishes the maximum number of food trucks at
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ten, the time for setup and take down, a requirement for bike valet, and a prohibition
against serving alcohol. The food truck operation is a fundraiser for the Museum, which
charges each food truck vendor $100 per week. The original TUP has been extended
to allow time to analyze the impacts and benefits of the food truck operations, receive
public comment, and solicit direction from Council.
About 400-500 patrons attend the California Heritage Museum food truck gathering
each week. Customers sit on the patio of The Victorian, on cafe tables on the Museum
lawn, or in the Tavern, The Victorian's. basement restaurant. The Museum reports that
the program is extremely successful, both from the perspective of increasing awareness
of the Museum and creating a new income. stream.
Outreach and Research
Members of the public, including the Main Street Business Improvement Association
("MSBIA"), have expressed concern about the Heritage Museum food truck operation.
Originally, MSBIA supported a trial event for Monday evenings, when patronage of Main
Street restaurants was said to be low. At the request of the California Heritage
Museum, the event was authorized for Tuesday evenings. To evaluate concerns from
the community, customers of the food truck program, as well as Main Street
businesses, were surveyed and asked for their impressions of the program.
The consulting firm of Maureen Erbeznik & Associates was retained to survey the
California Heritage Museum food truck patrons and nearby Main Street businesses.
Interviews were conducted with 201-food truck patrons and 25 Main Street businesses
with 16 of the businesses being restaurants. Among the questions the survey was
seeking to answer were the following:
1. What are the characteristics of the Heritage Museum food truck patrons? Are
these patrons likely to patronize other Main Street retail or food establishments
on that night or other nights?
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2. What is the impact of the food truck court on Tuesday nights to nearby Main
Street businesses?
Attachment A is a full copy of the consultant's report on the survey findings, including
the survey questions. Survey statistics revealed that the Heritage Museum's Tuesday
night food truck event appears to attract a large percentage of its patrons from beyond
the immediate Ocean Park neighborhood. However, these patrons appear to have ties
to the area as most of the food truck patrons reported that they found out about the
event by walking by the Museum and seeing the advertising banner. Patrons are
younger, with 67 percent surveyed being under the age of 40,-and 33 percent of total
patrons being between the ages of 21 and 30. The food truck customers indicated that
they spend $20 or less during each visit. This price point competes with many of the
Main Street restaurants as 13 of the 16 restaurants surveyed reported that their average
meal rate was under $20. The survey respondents revealed that although the Heritage
Museum food truck event is what brought them to the area on Tuesday nights, they do
visit other Main Street businesses before or after eating at the food trucks and they
return to patronize Main Street businesses on other nights.
While most of the 25 businesses surveyed realized that the food truck event is a
fundraiser for the Heritage Museum, 40 percent of them did not want the event to
continue. Of the restaurants surveyed, 63 percent did not want the event to continue
and 50 percent indicated that they noticed a decrease in business on Tuesday nights
since the food truck event began.
In addition to reviewing this survey, staff has monitored complaints. The complaints
about the California Heritage Museum food truck program have been expressed
through the MSBIA, whose concern focuses on competition and the public parking
being used by food truck patrons at the expense of patrons of storefront restaurants. An
email from MSBIA is included as Attachment B.
Unfortunately, the financial impact on storefront businesses cannot be ascertained
through sales tax information as that data is available only on a monthly basis.
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Staff surveyed ten nearby cities on their regulations and practices for managing mobile
vending trucks. Additionally, staff reviewed studies to better understand how other
cities on a national level are managing mobile vending facilities. These studies
concluded that mobile food trucks and similar vendors that conduct business in an
appropriate location and in a safe and responsible manner can be an asset to the local
community. Other communities have made recommendations regarding how to create
off-street food truck areas that would activate underutilized spaces, attract people, and
protect public health and safety, while also providing a means to monitor community
and economic impacts. For more detail, see Attachment C.
Policy Considerations for Council
There is an increasing demand for mobile food trucks and for off-street areas where
food trucks may congregate. The following are options that the Council may wish to
consider in developing policies surrounding on- and off-street vending truck activities.
On-Street Vending Trucks
On-street vending trucks, especially food vending trucks, respond to customers who
want lower cost, grab-and-go, informal dining. However, public safety concerns warrant
closer management of where mobile vending trucks park. Additional changes, requiring
the amendment of State law, would allow the City to further. regulate where mobile
vending can occur. To better manage the locations of on-street parking available to
mobile vending trucks, where warranted, the following options are available:
® Create no-parking zones, reduce parking space size, and restrict time limits to
prevent parking by any vehicle, including mobile vending trucks, in areas where
parking is unsafe. For example, on Main Street, adjusting the no-parking time
from 3:00 am to 2:00 am would prevent food trucks from becoming an attractive
nuisance and allow the. Police Department to direct the food trucks to move
away.
® Explore the adoption of a graduated parking citation system, similar to the one
proposed in the City of Los Angeles, that would cite vehicles parked in violation
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of posted regulations more than once per day. A graduated parking citation fine
system for multiple citations would be applicable to all motorists and could
eventually make it uneconomic for some repeat offenders, including those who
may not be mobile vendors.
® Recommend that the State Vehicle Code be amended to allow cities the authority
to govern locations, time and duration of on-street vending operations.
Off-Street Vending Trucks
Off-street food vending programs have been well received in such diverse cities as
West Hollywood, Seattle, Portland and Cincinnati, where they attract customers to
underserved areas, create "eyes and ears" on the street, and provide entrepreneurial
opportunities for start-up businesses.
If Council is supportive of allowing vending trucks on private property and moving
forward with a permitting process, the following options are available:
® Food vs. Retail Vending Trucks: Special permits for off-street vending could be
limited to food vending trucks to prevent the proliferation of retail vending trucks.
® Permitting: Staff could return with options for permitting off-street mobile vending
operations, including administrative processes using the Performance Standard
Permits or Use Permit, or through a discretionary process such as a Conditional
Use Permit. Any permitting mechanism used would include special conditions or
standards. Staff would consult with interested parties, including the SoCaIMFVA.
® Appropriate Area: Staff could return to Council with recommendations related to
locating off-street mobile food vending operations in specific zone districts, in
areas of the City that are underserved or have few amenities, or only on specific
sites.
® Community Benefits: Operators of off-street mobile food vending truck programs
could be asked to provide community benefits, such as support of a local non-
profit organization.
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® Business License Fees, Permits and Special Assessments: Any increase in the
Business License Tax or creation of special assessment fees for mobile vending
trucks would be subject to Proposition 218, and require a public vote.
® Conditions: Conditions that could be considered in the granting of a permit for off-
street food vending would need to be site-specific and could address the
following: number of trucks and patron. capacity, signage, noise, parking,
provision of bike valet and other amenities, lighting, security, and frequency of
the event.
® Heritage Museum Food Truck Event: Until a new process for allowing off-street
vending operations is formally adopted, allow the TUP for the Heritage Museum
Food Vending Program to be extended.
Financial Impacts and Budget Actions
This report does not have any financial impacts. However, future actions of the Council
may result in impacts to the City's revenues and/or costs.
Prepared by: Erika Cavicante, Senior Development Analyst
Approved: Forwarded to Council:
Andy Agle, Director
Housing and Econo
Rod Gould
City Manager
Attachments:
A. Food Truck Impact Survey
B. Main Street Business Improvement Association Email to Rod Gould
C. Other Cities Nationally
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Attachment A
City of Santa IVlonica Food Truck Impact
Patron and Business Survey
Background
The City of Santa Monica is interested in assessing the impacts that the Heritage
Museum food truck lot may have on the Main Street business district. In addition
the City wants to identify the characteristics of the Food truck patrons. By creating
and conducting two surveys, one for patrons of the food trucks and another for Main
Street Businesses, questions were answered and much insight was gained. Copies of
the survey tools are provided in the Patron and Main Street Survey detail sections
this report.
In September 2010, the Santa Monica City Council authorized a temporary pilot
program for food trucks to operate on private property through the use of a
temporary use permit (TUP). The California Heritage Museum, located at the corner
of Ocean Park Boulevard and Main Street, was granted the first TUP to setup a
maximum of 10 food trucks in the museum's private parking lot.
Each food truck pays $100 to the Heritage Museum for the opportunity to setup
their operations on Tuesday nights. The maximum that the Heritage Museum earns
per week is $1,000. This rental income is being used for the museum's operating
expenses.
The TUP for the Heritage Museum Food Truck Lot stated the following: Dining
hours of operation are from 5:30pm to 9:30pm. Set up is from 3:30pm to 5:30pm
and clean-up is 9:30pm to 10:OOpm with complete closure and all employees and
trucks vacated from the site by 10:OOpm.
Neighborhood groups such as the Ocean Park Association (OPA) and the Main Street
Business Improvement Association (MSBIA) supported the Heritage Museum's
fundraiser plan to operate ashort-term food truck lot on Monday evenings when
restaurants are typically slow or closed. The- Heritage Museum changed the
schedule to Tuesday nights.
The TUP expired on December 14, 2010, but has been extended by the City while
staff analyzes the food truck operation concept and its impacts on the adjacent
business district and neighborhood.
Among the questions the City has been looking to answer are:
® Who are the patrons at the Food Truck Event on Tuesdays? What is the
number of patrons?Are they local? Are they from outside of the City? Other
characteristics? How did they hear about the food truck program?
o How much are they spending at the food trucks?
® Because they're patronizing the food trucks, does that mean that they are likely
or not likely to be patronizing other Main Street retail or food establishments,
on that night, or other nights?
® Do food truck patrons come to Main Street on other nights to eat orshop?Are
they only on Main Street because of the food trucks?
® What's the impact of food trucks on the Victorian Basement Tavern? Whats the
impact on other businesses on Main Street?
o Would the food truck patron be dining in a Main Street restaurant otherwise or
are they just here for the food trucks?
C~vervie+rr ®f the findings
Interviews were conducted with 201 patrons of the Food Truck Program. Through
the survey process it was learned that the majority of patrons (64%) reside outside
of the City of Santa Monica.
The preponderance of customers (49% or 99 customers) heard about the Food
Trucks by walking by the museum.
Most customers (84%) spent $20 or less at the Food Trucks per visit.
For 94 of the 201 customers surveyed it was their first time visiting the Food
Trucks. Twenty three percent (47 customers) visit weekly.
Nearly sixty five percent (130 customers) stated they had visited other businesses
on Main Street before or after eating at the Food Trucks.
Of critical importance to the City was that the majority of customers (150 of the 201
surveyed) stated they would not have eaten at a Main Street restaurant on the night
they visited the Food Trucks. Interesting to note is that 146 customers (73%) stated
they do patronize Main Street businesses on other nights.
The majority of customers are regular patrons to other food trucks with 67% stating
they visit other food trucks outside of the Main Street trucks.
Interviews were also conducted with 25 businesses located on Main Street. All but
one business was aware of the food trucks. And 20 of the 25 knew the Food Truck
Program is a fundraiser for the Heritage Museum.
Sixteen of the twenty-five businesses interviewed were restaurants.
Another critical point to the City is that fifty percent (8) of the restaurants surveyed
stated they saw a decrease in business on Tuesday nights since the Food Truck
Program started. Six stated they did not see a change and two stated they saw an
increase.
One of the essential questions answered was that 10 of the 16 restaurants did not
want the Food Truck Program to continue. Four of the restaurants did want the
Food Trucks to continue and the remaining 2 had no preference.
Of the 9 other businesses surveyed 5 wanted the Food Trucks to continue and the
remaining 4 had no preference.
(ltamalr~der mf Paga lntenti~na!!y Left l3lan!<~
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Patron Survey
Interviews were conducted with 201 people patronizing the Food Trucks. The
interviews were conducted on two separate Tuesday evenings. Below is a copy of
the Patron Survey.
City of Santa Monica Food Truck Program Patron Survey
Home2ip Code I Sex Maie ^ ____. Female ^
Age 20 or Under ^ 21-30 ^ 31-40 ^ 41-50 ^ 51-60 ^ Over 60 ^
How Did You HearAhout the Food Truck Program a£ Museum ^ I
the Heritage Museum? '- ~
walking 6y I ^v~
r
Friend/Referral
_"
-
^
_.~._~_
Other ~
Hoty Muth Do You Spend on the Faod Trucks
Heri[oge il9useum? o[ the $5 - $10 I
~ ~~-~---
$11-$20 ~
-- ^
---~~-~~
^
.
$21 - $30 0
$31 - ~t0 i ^
$di or Above ~ ^
~ How OJi~Patrantzed the Foad Trucks a[ First Time i ^
_
(the Heritage Museum?
i S+leekt ~
.._._.._..y
2.3 Times ~ ^
-_..__
^
4-57irnes ~ ^
Hove You Pabonfzed Other Stores on Main S
treet on 5 Times or More :
Yes, Before ~
- ^
^
-
the Even/nq You Vlsit the Food Trucks? ~
Yes, After ^
(Check olf Boxes that apply)
_._....w...._.._._.~._....-._ .............._....-...,-_~.._._....._..._
~ Are You Nere Onty to Vislt the Food Trucks?
..-._.______. No ~
______.._,_.._,,.__..._....._....zv_.w
Yes ~
No ^
..__.._.._..,......__'__
^
^
~I Would Yau Have Gone to a Moln Street Restourant
~ Yes ' ^
iI Tonight if the Food Trucks Were Not Here? No i ^
~'~, Do You Come to Moin Street an Other Nights [a Eat
~'~. or Shop?
,_- ___
', Do You Poaronize Other Food Trucks Outside of Ntain
''. Street? Yes I
Nod
Yes '
'"~ ^
^
^
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Home Zip Code of Patrons
Customers came from a multitude of locations. The 201 customers surveyed
represented 62 zip codes.
Seventy two (36%) of the customers reside in Santa Monica with 53 [26%) from zip
code 90405.
Thirty four customers came from zip code 90291, comprising the second highest zip
code. 90291 is the zip code for Venice.
Eight customers (4%) reside out of state.
Below is a table of the top twelve zip codes from customers visiting the Food Trucks.
Number of % Location
Zip Code
Customers
1 90405 53 26.3% Santa Monica
2 90291 34 16.9% Venice
3 90265 9 4.4% Malibu
4 90066 8 3.9% Mar Vista
5 90401 7 3.4% Santa Monica
6 90403. 5 2.4% Santa Monica
7 90292 5 2.4% Marina Del Rey
8 90034 4 1.9% Palms
9 90402 3 1.5% Santa Monica
10 90064 3 1.5% West Los Angeles
11 90210 3 1.5% Beverly Hills
12 93030 3 1.5% Oxnard
The table below lists all of the 62 zip codes from customers patronizing the Food
Trucks.
Zip Code Number of
`Zip Code. Number of
Customers Customers
10002 1 90094 1
'10025 1 90210 3
72758 1 90211 1
'Zip Code. y .Number of
Customers:
91302 1
91303 1
91304
75691 1 90232 2 91320
80015 1 90250 1 91326
1
1
1
5
Zip Code Number of
Customers
Zip Code '`Number of
Customers
Zip Code. Number of
Customers
80135 1 90251 1 91342 2
80143 1 90254 2 91411 1
84103 1 90263 1 91423 1
90003 1 90265 9 91602 2
90017 1 90272 2 91706 1
90019 2 90290 2 91710 1
90020 1 90291 34 92103 1
90024 2 90292 5 92653 2
90025 1 90293 1 92972 1
90027 1 90306 1 93030 3
90034 4 90401 7 95123 1
90036 1 90402 3 95816 1
90046 1 90403 5 98103 1
90049 1 90404 2 98109 1
90064 3 90405 53 98306 1
90066 8 90815 1 N/A 4
Gender and Age of Patrons
The majority of customers, 112 (56%) were male. 89 (440/0) were female.
Sixty eight percent (136) of customers were 40 or under.
Thirty three percent [67) of customers were between 21- 30 years old.
Ag Number of
e
Customers
20 and Under 24 12%
21-30 67 33%
31- 40 45 22%
41- 50 25 12%
51- 60 21 10%
Over 60 9 4%
Not Answered 10 5%
6
How Did Patrons Hear About the Food Truck Program
The majority of customers (49%) heard about the Food Truck Program while they
were walking by the Museum.
Thirty three percent (67 customers) heard from a friend or other referral.
How Did You Hear Number of
Customers
Walking By 99 49%
Friend /Referral 67 33%
Museum 15 7%
Other 20 10%
Money Spent by Patrons
Customers were asked how much money they spent during each visit. Forty nine
percent (99 customers) spent between $11 - $20. It is interesting to note that 84%
spent $20 or under.
Amount Spent Number of
Customers
$5 - $10 69 34%
$11-$20 99 49%
$21-$30 24 12%
'$31-$40 4 2%
$41 or Above 4 2%
"` $p 1 N/A
Number of Times Patronizing Food Trucks
For forty seven percent (94 customers) it was their first time visiting the Food
Trucks. Twenty three percent (47 customers) visit the Food Truck weekly.
Number of Visits Number of
Customers
First Time 94 47%
Weekly 47 23%
2-3 Times 37 18%
4-5Times 16 8%
5Times or More 7 3%
7
Patronizing Other Businesses on Evenings Visiting Food Trucks
Customers were asked if they patronize other stores on Main Street on the
evenings they visit the Food Trucks. This question referred to stores not
restaurants. It also referred to patronizing stores on any of the nights they have
visited the Food Trucks not just the current evening in which they were
interviewed. Sixty five percent [130 customers) stated they have visited other
stores. Thirty five percent (71 customers) stated they have not visited other stores.
Patronize Other Number of
Businesses on Main Customers
Street
Yes Before 55 27%
Yes After 41 20%
Yes Before and After 34 17%
No 71 35%
Customers were also asked if they were only there to visit the Food Trucks. This
question may have been taken by customers to pertain to only the evening they
were being interviewed. Sixty percent (121 customers) stated they were only there
to visit the Food Trucks.
It can be construed from the results to both of these questions that most of the
customers have at some time visited Main Street businesses on nights they have
visited the Food Trucks, but primarily they come to eat at the food trucks.
Patronize a Main Street Restaurant if the Food Trucks Were Not There
Customers were asked if they would have gone to a Main Street restaurant on the
night they visited the Food Trucks if the Food Trucks were not there. Seventy five
percent (150 customers) stated they would not have gone to a Main Street
restaurant even it the Food Trucks were not there.
Patronize a Main Street Business on Other Nights
Customers were also asked if they come to Main Street on other nights to eat or
shop. Seventy three percent (146 customers) stated they shop or eat at Main Street
businesses on other nights.
Patronize Other Food Trucks Outside of Main Street
Customers were asked if they patronize other food trucks outside of the Main Street
trucks. Sixty seven percent stated they do visit other food trucks outside of the Main
Street trucks.
Main Street Business Survey
Below is a copy of the survey conducted with the Main Street businesses.
Main Street Business Survey
Name of Business
Address
Type of Business ~~ Retaii • CiotBing~ ^ k
Retail • furniture j __ ^ _- ..~__._,~
Retail Other ~ ^
~ .__~...~ ~ Restaurant _ _.._ _ ... ..., ~ ~--...- .
Restaurant with Bar ^
Bar/Club ^ ^j
L~~~~ ~ -
Coffee Shop ^
Other ^ _u___
Type (e.g., nail, gym, yoga) ~~~ttt~
Vacant ^ __~
tJRestourant, Cost Ronge Under $10 E ^ i
$li • $zo 3 ^ ~~
i$21 $30 ^ ~~_
--- _'
~~ ^
$31 $40 ,
$41 orOver i ^
~~~_ ____._. _. ._.___. _.~. __.~_ ___.L._.__.._~_..__ _.~~
Hours of Operation
Type of Ownership Corporate ^ p@rtnership ^ individual ^ ~
Name of tnterviewee _ j
Position of tnterv/ewee _ TM 1
HowhosbusinesschongedforyouonTuesdoynights(since Mcrease T^W
September)? DetteaseN ~~ ^
No Change ~~~ ~~
Are You Asvme of the Food Trucks at the Herrtoge Museum on Yes ^
TuesdoyEvenings? No ^
- --!
Old Yau Know it's used as a Fund Raiser for The Heritage `Yes ^
Museum? No ^
Would you tike to see the food trucks of the Heritage Museum ~ Yes ~ ~^
contlnae on Tuesdoy Evenings?
Na ^
__ _..__.. t ._....~....., ~_L.._~...__...__,_...r_..I
Interviews were conducted with 25 Main Street businesses of which 16 where
restaurants.
Type of Business Number
interviewed
Restaurant without Bar 10
Restaurant with Bar 6
Retail-Clothing 4
Retail-Other 4
Barbershop 1
Nine of the restaurants surveyed charge $11 - $20 per meal. Below is the cost range
broken down by restaurants, restaurants with bars, and the total of both types.
Cost Range Restaurant Restaurant 'Total
without Bar with Bar
Under $10 3 1 4
$11` $20 7 2 9
$21- $30 0 1 1
$31- $40 0 2 2
$41 or Over 0 0 0
Change in Business on Food Truck Nights
Eight of the restaurants stated they saw a decrease in business. Two stated they
saw an increase and 6 stated they have not seen a change. All the other businesses
surveyed stated they have not seen a change.
Awareness of Food Truck Program
All but one business surveyed stated they were aware of the Food Trucks. Twenty
of the 25 businesses were aware the Food Truck Program is a fundraiser for the
Heritage Museum.
Continuation of Food Truck Program
Ten of the businesses (7 restaurants) did not want the Food Truck Program to
continue. Nine of the businesses (4 restaurants) want it to continue. Six businesses
(5 restaurants) had no preference.
10
Attachment B
Erika Cavicante
From: Gary Gordon <msmastaff@netvip.com>
Sent: Monday, January 24, 2011 12:49 PM
To: Erika Cavicante
Subject: what 1 sent to Rod
Erika,
Iii.
Below is what I sent to Rod, copied to Elaine Polachek and Eileen Fogarty and Paul Foley.
Gary
Rod,
Hi.
At a special general membership meeting of the Main Street Business Improvement
Association this morning a straw vote was taken regarding continuing/renewing the TUP
far the food trucks on Tuesday night at the MuseumNictorian parking lot.
The vote was 7-2 against renewal.
A survey of the membership, for those who might not be able to attend the meeting
was also taken and the results were reported: To the question "Do you think the Food
trucks at the Victorian/Museum parking lot on Tuesday nights are good for Main Street, or
are they bad far Main Street?" three said Good, five said bad, two said don't Know. To
the question Has your business been helped, hurt or been unaffected by the Food trucks
on Tuesday nights?" one said Helped, six said Hurt, and three said Unaffected. To the
~~
question If this were a vote for a renewal of the temporary use permit to allow the trucks
to continue on Tuesday night or would you vote to discontinue this?" three voted to
continue and seven voted to discontinue.
Not all restaurants participating voted against renewal, although a majority did; not
all retailers voted for renewal. And as you can see, these are not responses in large
numbers (which is somewhat typical regarding email surveys and attendance at meetings
during holiday times). It is possible though that these numbers are representative of the
attitudes and positions held by the merchants on the street (as we know of restaurant
owners who are against but did not attend or respond and we know of retailers who are for
but did not attend or respond}; it is also possible that if more retailers had participated, the
Vote would have gone the other way, but it's also possible they didn't participate because
the majority are not open past 6pm or 7pm on Tuesday nights. And there are certainly
several businesses, especially those located well away from the 2600 black that feel
unaffected and have no opinion.
At a previous general meeting when this was on the agenda, but not the sole topic,
a majority voted to either discontinue or not renew the TUP.
After months of formal discussion and conversations there is no cgnsensus. Some
of the objections have to do with reported decrease of (restatarant} business on Tuesday
nights, some have to do with the inequity of the "unlevel playing field" (brick & mortar
investments/taxes/feestcommunity participation vs. fly-by-night}, some have to do with
opinions that the Museum did not live up to their agreements with MSBIA and have not
been entirely forthcoming about arrangements with the Victorian (serving alcohol and
providing seating-- one person suggested that ail this should require a GUP, not a
r
TUP), and some have to do with the image of Main Street and concerns that this
cheapens that image. Some proponents of continuing spoke for the possibility of
increased crowds and therefore increased awareness of and increased business on the
street,~same spoke for the other side afthe image question, that this is the way for Main
Street to be hip (or continue to be hip}. Everyone who spoke at the meeting was
supportive of the Museum; many were not convinced this was the best avenue to produce
support. (One person suggested a Tuesday night art walk centered in the Museum lot
would be much more within keeping of the Museum's role in the community without
threatening or damaging local res#aurants.)
The MSBIA Board has not taken a formal position and will nat meet again until
January 11. The Board is aware there is some community support for the Tuesday night
trucks, but is not sure residents are aware of all the economic ramifications the trucks
create.
I will be glad to meet with you to convey additional details {reasons behind different
positions, concerns etc, as just about every sentence in this email is loaded with possible
qualifiers and further information} if you want, as well as share some creative, constructive
ideas that were suggested.
I don't know when the City will be acting on this.
Thank you for your attention to this.
Gary
Gary Gordon
Executive Director -
Main Street Business improvement Association
1549 11th St, #202
Sanfa Monica, CA 90401
phone: 310/899-9555
fax: 310!899-5699
2
ATTACHMEfVT C
® City of Los Angeles - On June 11, 2010, the Los Angeles City Council adopted
a motion asking city staff to study and make recommendations on how to restrict
trucks in commercial areas and to investigate the creation of specially designated
parking zones for catering trucks. The City Council was interested in finding
solutions to help the restaurant industry compete with food trucks, including
providing a mechanism for authorizing sidewalk cafes. The City of Los Angeles
created a Mobile Food Truck Task Force to consider policy issues and identify
possible off-street locations for mobile vending trucks to operate. The Task
Force report, dated February 17, 2011, developed the following
recommendations:
1. Request the City Attorney to prepare and present an ordinance to the
Council repealing the municipal code section (LAMC 80.73) and
replace it with a new section regulating the parking of catering trucks;
2. Establish a mobile food truck permit process that would include aone-
page document guiding conduct for such business in the city of Los
Angeles to be distributed upon receipt of a business license. Permit
system would allow city to ensure that mobile food vendors follow
existing laws, including business tax laws, compliance with existing
parking and traffic regulations. One suggestion was to put a limit on
the number of citations that a food truck operator could receive before
having their license revoked;
3. Conduct a training program for street services and parking
enforcement personriel on the existing laws pertaining to catering truck
activity;
4. Instruct Department of Transportation to report on the current policy
related to limiting the issuance of parking citations to one per vehicle
per day, including the feasibility of implementing a graduated citation
fine schedule;
Page 1
5. The Task Force report. also mentions that public safety problems
caused by mobile vending of non-food items are not necessarily the
same as those caused by mobile food vending.
The City of Los Angeles also directed staff to create a proposal that would help
the restaurant industry better compete with food trucks. The report is expected
to look at decreasing business taxes for restaurants and to allow restaurants to
open up sidewalk cafes.
® Abbot Kinney and First Friday Event - On the first Friday of every month, the
merchants along Abbot Kinney Boulevard in Venice host a walkable community
event that has evolved to include at most 50 mobile vendors that park along
Abbot Kinney Boulevard. Not only has pedestrian passage on the sidewalks
been compromised, but the large trucks have impaired vehicle visibility and taken
the public parking spaces away from customers. In response, local merchants
paid the Department of Transportation to post "No Parking from 4PM-11:30PM"
signs beginning Friday, December 3, 2010 until a more permanent solution could
be found. The ban had been set to be in place through March 2011, but in late
December an agreement had been reached to allow mobile trucks to park in the
lot of a production company located on Abbot Kinney beginning at the January
event. The lot is only big enough to hold 8 trucks so a monthly rotation among
the vendors has been proposed.
® Culver City -Catering trucks are licensed as street vendors in accordance with
Culver City Municipal Code (GCMG) Section 11.09.200 and subject to operating
restrictions in accordance with CCMC Section 11.09:215. Mobile food vendors
are restricted to stopping, standing, and/or parking for not more than 10 minutes
and they are restricted to operate on public property. They cannot operate within
300 feet of any public school grounds or public park unless the permit provides
otherwise and a business license issued from the City is required for each truck.
If a catering truck wishes to park on private property longer than 10 minutes,
Page 2
zoning regulations would apply associated with restaurant use and parking
requirements must be met. If it is less than 10 minutes, then only a City license
is required.
At an October 2010 Council meeting, there was discussion about using a
Redevelopment Agency-owned vacant parcel as a food truck lot on an interim
basis. No decision has been made to approve this idea.
At the City Council meeting held on March 28, 2011, the Council discussed
mobile food vendors operating in the city. Public comment was provided by
restaurateurs, concerned citizens and residents. The Council directed staff to
analyze the substantive issues and prepare recommendations for the Council to
review.
West Hollywood - In West Hollywood, regulations for peddlers currently guide
the restrictions on food trucks, however, the City is exploring ways to be flexible
with food trucks as non-food based businesses have expressed an interest in
working with them as part of their marketing efforts. This is being facilitated
through the Special Event permitting process (although no language is contained
within the special permit application itself). A business must host a food truck,
that is, pay for the food truck to serve food gratis to patrons. Patrons must in
some way be identified as guests of the host business. This has been done
through rubber bracelets, stickers, showing a receipt with purchase, etc. This
prevents the food truck from selling food directly to a passerby who inadvertently
comes across the food truck. According to West Hollywood Economic
Development staff, this process is working well.
® Seattle, Washington -The City of Seattle encourages mobile food vending,
especially in their Center City/Downtown urban centers. The benefits that are
cited by offering low-cost, culturally diverse foods for people on the go, is that
they typically complement -rather than compete -with sit down restaurants and
Page 3
give people more reasons to frequent local shopping districts. Other benefits
include mobile food vendors bring a festive, pedestrian-friendly oriented feel to
the area that thereby improves public safety. The city is considering revising its
policies to encourage mobile food vending in the right-of-way such as eliminating
the 200-foot setback for parks and identifying locations where mobile vending
would be permitted during. certain days and times.
® Portland, Oregon -The City of Portland, which is known for its vibrant street
food scene, partnered with a consultant to guide its policy on mobile food
vending. The consultant studied .Portland's growing food cart industry to
determine if carts are a possible avenue for furthering the city's objectives for
neighborhood livability and community economic development. The consultant's
report indicated that food carts have significant community benefits to
neighborhood livability by fostering social interactions, walkability, and by
providing interim uses for vacant parcels. Another key finding of the report was
that 58% of business owners in downtown Portland found that food vendors
increased foot traffic, and 66% of business owners citywide had a positive
perception of food vendors.
® New York City - In October 2010 the former privately owned restaurant, Tavern
on the Green, became a public visitors' center run by the New York City
Department of Parks and Recreation. The iconic restaurant building is located in
New York City's Central Park. and the city in an attempt to continue providing
high-quality food to the public begah a program allowing four food trucks to vend
from the site. An outdoor terrace with tables and chairs is available for diners to
eat the food they buy from the trucks. The food trucks pay rent to the City and
the vending contracts are for one year with an option for a second year. One
mobile food vendor reportedly is paying the city $100,000 for aone-year license.
The vendors can apply to the state for a mobile liquor license so that they may
sell liquor from the trucks. Park officials say alcohol has been sold successfully
in other parts of the park without incident such as the Ballfields Cafe on the north
Page 4
side of the Heckscher Ballfields, the Mineral Springs Cafe and the Boathouse.
Drinking will only be allowed in the terrace area, trucks will leave by 10pm and no
music will be allowed.
® Denver, Colorado - By December 2010, more than 150 mobile food vendors
had been licensed in Denver, Colorado. The City is in the process of creating a
Food Truck Guide, a document which pulls together all of the existing regulations
affecting the mobile food industry in a clear and concise format.
Civic Center Eats had been a summer 2010 event that occurred on Tuesdays in
Civic Center Park. The Civic Center Conservancy, a 501(c)(3) non-profit
organization has a permit with the City to create an outdoor food court in Civic
Center Park on Tuesdays. As a means to activate Civic Center and generate
revenues to support the Park, the City had contractually granted the
Conservancy with the ability to create an outdoor food court using mobile food
vendors. The City amended its agreement with the Conservancy to allow up to
four mobile vendors into Civic Center Park on days that the Park is not otherwise
permitted for events. The Conservancy is an organization that is focused on
helping the City and County of Denver restore, enhance and activate Downtown
Denver's historic Civic Center Park.
® Washington, D.C -While in most cities the main opposition to mobile vending
trucks may be the brick-and-mortar businesses, in the District, however, there is
more of a hierarchy; the area's inline businesses as well as the old-school street
carts and the depot,owners who represent them all oppose mobile vending. The
arguments against mobile vending include: (1) the concept of allowing
commercial activity at a parking meter is inconsistent with public policy that
parking meters are for customers, not commercial activity or employees; (2)
allowing commercial activity at parking meters which are not appropriate
locations, directly competes with the business needs of the traditional inline
businesses; (3) unfair disparity in sales tax rates -inline businesses pay a
Page S
percentage on sales while trucks pay a flat $1,500 annually; and (4) although
roadway vending is legal under the ice-cream truck law, the city is violating its
own law, the Vending Regulation Act of 2009 which says that no vending shall be
allowed from a sidewalk, roadway or other public space unless the person holds
a vending site permit.
In June 2010, the District of Columbia Department of Consumer and Regulatory
Affairs (DCRA) released proposed vending regulations which govern vendor
operations, designates sidewalk, roadway, and area vending locations. The
regulations also provides for the creation of vending development zones and
vending within the boundaries of licensed special events.
• Cincinnati -Wanting to join the national mobile food movement, the city of
Cincinnati evaluated its ordinances and realized that mobile food vendors are
only permitted to operate in the city's central business district (CBD) by paying
for a private parking lot, which is expensive and not always available. The city
discovered that mobile food vendors pay from $7 to $15 per day to park in private
lots.. The City proposed creating a CBD mobile food vending permit that would
allow vendors access to three designated areas in the CBD to vend. Permits for
the public locations cost $400-$800 depending on location and size of the
vendor's operation. The City created aone-year. Mobile Food Vendor Pilot
Program to access consumer demand that began on June 28, 2010 and runs
until June 27, 2011. In October 2010, a review of the program showed that the
public enjoyed the mobile food vendors and thought the program was good for
the area. Overall business owner feedback was also positive because it brought
more people to the area and sparked excitement. One complaint from a law firm
said that the mobile food vending program eliminated parking spots for their
clients.
® Atlanta Street Food Feasibility Study -The study was conducted by a team of
three graduate students in the School of City and Regional Planning at the
Page 6
Georgia Institute of Technology. The Atlanta Street Food Coalition partnered
with Central Atlanta Progress and Lanier Parking Solutions to support the Study.
The Study is organized into four sections: Policy; Urban Design; Economic
Impact, and; Food Environment. The Study promotes street food as a viable
business model and a contributor to the viability of city streets and public space.
Page 7