Gilroy City Council tells staff to enforce food truck regulations

The Gilroy City Council took another step recently to limit the operation of food trucks in the downtown area, especially along Monterey Road. 

At the May 5 meeting, the city council unanimously approved a motion by Council member Carol Marques to direct city staff to ramp up enforcement of existing codes and regulations associated with food trucks. 

Those existing regulations include that all mobile food vendors that operate in the City of Gilroy must have a Santa Clara County health permit, a city sellers’ permit and a city business license. 

Enforcement of the regulations has been inconsistent in Gilroy for a variety of reasons, including discrepancies in local ordinances versus state codes and a shortage of staff resources, according to discussion at the May 5 council meeting. 

The subject of food trucks and whether they should be allowed in Gilroy has been a frequent city council topic since December 2023. The discussion was prompted largely by input from downtown business owners—some who are opposed to food trucks at all times and others who support them as they complement certain types of bars and shops. 

At the Aug. 19, 2024 city council meeting, the council directed staff to explore designated locations in the downtown area for food trucks to operate and to solicit feedback from local businesses potentially impacted by disallowing food trucks on Monterey Road. Two primary locations identified were the city-owned parking lot at Fifth and Monterey streets; and the street parking spaces along Eigleberry Street. 

Another potential area that could be designated for food trucks under a future ordinance could be Gourmet Alley and adjacent parking lots, city staff said May 5. 

City staff presented a draft ordinance May 5 that could have allowed a pilot program to allow food trucks during certain times and under restrictions in the downtown area. However, the council decided the city is not yet ready for such a pilot program and opted for more enforcement.

“Based on the draft revised ordinance, food trucks would not be allowed to operate in Downtown without a resolution by the city council,” says a city staff report. “In addition, council may consider directing staff to develop a program to coordinate scheduling mobile vendors and booking locations, consider contracting with an external organization to manage coordination, or allowing food trucks to utilize designated spaces on a first-come, first- served basis.”

The discussion is likely to continue, as some council members expressed clear opposition to food trucks operating anywhere downtown, at any time. Others said they are open to allowing food trucks to operate at specific times in certain parts of the city, such as during community or special events. 

“Between First and Tenth streets (in the downtown corridor), no food trucks, period—including private property. That’s my preference,” said Marques. She noted a majority of downtown restaurant owners would also like to see a prohibition or limitation of food trucks as they take up parking spaces for customers. 

Council member Kelly Ramirez said while she agrees that food trucks should be prohibited everywhere on Monterey Road in downtown Gilroy, she would be open to permitting special events in other areas of the city where food trucks could operate on specified days or evenings. 

“We’ve seen it in other places and it has been successful,” Ramirez said. 

Gilroy’s current food truck and mobile vending ordinance was enacted in 1997. It requires mobile vendors to pay for an annual permit through the city, in addition to health permits through the county. It also prohibits food trucks from operating in one space for more than 10 minutes, but officials have said that aspect of the ordinance is not being actively enforced.