Continuing the discussion: mobile food vending

The last few days have offered an invaluable—and, frankly, infuriating—lesson in the processes of local elected leadership, and have highlighted how the voice of a few can affect rules that impact us all.

As outlined last week, on tomorrow's agenda for Fresno City Council's weekly meeting is an amendment to the ordinance that guides mobile food vending; the changes specifically target City streets, removing a policy that requires a waiting customer and adding in a strict one hour time limit for any mobile food vendor. After that hour, the vendor must move at least 500 feet, and cannot return to the same spot for 12 hours. The vendor must also remain at least 500 feet away from another mobile food vendor at all times.

To be clear, I'm not opposed to changing the rules. I am opposed—strongly—to the process by which these proposed changes have been brought to council. But I've already vented about that.

My disclosures: I am a friend and customer of Dusty Buns and the Wishon Row businesses. I am also an advocate of supporting locally owned businesses, including brick and mortar restaurants, helping to organize last night's Local Bites dinner at Piazza del Pane (the family that owns that restaurant also owns the Me 'n Eds in Tower, which is located across the street from Wishon Row).

Tomorrow, I'll be asking council to delay decision on this item until a larger conversation takes place, so that the perspective of others is accounted for. This includes Tower businesses, as well as those outside of the District 3, as this law affects the entire city. Here's the letter I sent yesterday to council members, the mayor, and the city manager:

Subject: Mobile Food Vending

Greetings Council Members,

I'm writing regarding Item F on Thursday's 9:00 agenda, which concerns the mobile food vending ordinance. As I understand this issue, the proposed changes are in response to complaints from restaurants in the Tower District, and are (at least, in part), directed at one mobile vendor, Dusty Buns Bistro Bus.

After speaking with Council Member Xiong's chief of staff, it is also my understanding that other retail businesses in the area (including those on Wishon just north of Olive, who have collectively invited Dusty Buns out on Thursday nights) have not been consulted; nor have other business owners or groups that may be impacted by this change. This issue deserves more attention before any rules are changed—it impacts the larger food culture and food economy, and as such, should be informed by more than a handful of businesses.

I will be in attendance on Thursday, and will be asking Council to delay action on this item until a larger conversation takes place, and others' perspectives are accounted for.

I recognize that this is a complex issue, and that it has been in discussion for some time. To help move things forward, I would be happy to help organize a larger discussion, and to communicate the process through TasteFresno so that a larger audience is engaged and informed.

Thank you for your consideration. I hope to see some of you tonight at Local Bites!

Kind regards,
James

This issue made the front page of today's Fresno Bee (online version). There are a few personal notes I'd like to add to the article:

1. We should be closely watching other cities in California, and how they have and are responding to mobile food trucks, but these laws aren't being proposed because of a sharp rise in mobile vending here in town; the city manager's report specifically mentions Dusty Buns, and Council Member Xiong's office told me that they've only spoken with the complaining businesses in the Tower District. The model that Dustin and Kristin have adopted is not like other trucks, in that they don't roam around, and they focus on a seasonal gourmet product (read: necessary prep time).
   Put another way: we're not those other cities.
2. As far as I'm aware, the current ordinance doesn't offer allowance for staying at a spot longer than the posted parking limit, even if a customer is waiting (I'm not sure how that's enforced). Dusty Buns, however, sets up on Wishon Row on Thursday evenings, when parking limits are no longer in effect.
3. Despite what city officials say, I don't believe this change is intended to "give trucks flexibility."
4. Talking to retailers on Wishon Row, it's not brick and mortar Tower restaurants that bring foot traffic on Thursday nights, it's the collaborative marketing efforts that include Dusty Buns. One business owner told me that sales double to triple those nights, and at least two have mentioned that Thursday customers often come from other parts of town, specifically for It's on Wishon!
   Also, anyone who thinks that Dustin and Kristin aren't being respectful likely hasn't taken the time to walk over on Thursdays.
5. Sacramento's ordinance excludes, through 2013, trucks that existed before the laws changed.
6. Council Member Xiong is right in that there has to be equity, but without due diligence (you know...talking to other businesses), I don't think it's equitable to assume that a complaint equates to disadvantage.

Again, this is on the 9:00 a.m. agenda at tomorrow's meeting, which takes place at Fresno City Hall. I'll be there until 9:45, and then I'm off to catch a 10:50 flight. There will be representation from Wishon Row, but it may be limited—these are small, family-owned businesses, so time out of the office means time out of business.

If you have perspective to share, for either side of the discussion, please come tomorrow to voice it. If you can't make it, please contact the council member for your district.