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Home My WebLink AboutResolution No. 2026-05 | Food Truck Pilot Program Extension Resolution with Revocation Added | Adopted 01/26/2026 RESOLUTION NO. 2026-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY EXTENDING THE MOBILE VENDING PILOT PROGRAM TO PROVIDE ADDITIONAL TIME FOR STAFF TO EVALUATE THE PROGRAM AND PREPARE A MOBILE VENDING ORDINANCE UPDATE WHEREAS, the City of Gilroy adopted Resolution No. 2025-26 establishing a Mobile Vending Pilot Program to allow food trucks to operate in designated areas while staff updates the mobile vending ordinance; and WHEREAS, the pilot program was originally set to expire on December 31, 2025, or upon adoption of a revised ordinance, whichever occurred first; and WHEREAS, additional time is needed to complete the ordinance update and evaluate the pilot program’s impacts on economic development, public safety, and community engagement; WHEREAS, the City Council desires to clarify certain directional references and definitions, including the term “fronting,” to ensure accurate application of the pilot program, and, WHEREAS, extending the pilot program will allow continued support for small businesses, placemaking, and community events while ensuring compliance with health and safety standards; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby extends the Mobile Vending Pilot Program as follows: SECTION I The Mobile Vending Pilot Program established under Resolution No. 2025-26 is hereby extended through October 31, 2026, or until adoption of a revised mobile vending ordinance, whichever occurs first. The city administrator may extend this resolution pending the final action of the city council on the revised mobile vending ordinance. SECTION II Exhibit A attached hereto is hereby adopted and shall supersede and replace the prior Exhibit A in its entirety for the duration of the extended program. All other provisions of Resolution No. 2025-26 shall remain in effect unless expressly modified by this Resolution. Docusign Envelope ID: 231CDF4F-2378-4328-A5B1-C6F06B098280 Resolution No. 2026-05 Food Truck Pilot Program Extension Resolution City Council Regular Meeting | January 26, 2026 Page 2 of 6 SECTION III City staff shall continue to monitor the pilot program, collect data, and return to City Council with an evaluation report and recommendations for permanent ordinance amendments prior to the new expiration date. EXHIBIT A Mobile Vending Pilot Program Guidelines Effective Upon Adoption – October 31, 2026 (or until a new ordinance is adopted) To participate in the pilot program, vendors must register with the Administration Department. A link to register can be found at cityofgilroy.org/384/Economic- Development, or by contacting the City’s Economic Development team at 408-846-0207. 1. Purpose The purpose of this Mobile Vending Pilot Program is to allow temporary, regulated food truck operations in designated areas of the City of Gilroy while the City updates its permanent mobile vending ordinance. This pilot program provides an opportunity to evaluate the feasibility, community response, and operational impacts of mobile vending in various settings. 2. Program Duration The pilot program shall be effective immediately upon adoption and will remain in place until October 31, 2026, or until a revised ordinance is adopted by the City Council, whichever occurs first. 3. General Requirements All mobile vendors must comply with the following requirements: - Possess a valid Mobile Vending Permit issued by the Gilroy Police Department - Possess a valid City of Gilroy Business License - Possess a Santa Clara County Environmental Health Permit (if applicable) - Possess a California Department of Tax and Fee Administration Seller’s Permit - Provide proof of permission to use restroom facilities if operating longer than one hour - Comply with operational standards established in Chapter 16B for consistency License/Permit Organization Contact Information City of Gilroy Mobile Vending Permit City of Gilroy Police Department Telephone – (408) 846-0309 City of Gilroy Business License City of Gilroy Finance Department Telephone – (408) 846-0420 https://www.cityofgilroy.org/207/Bus iness-Licenses Docusign Envelope ID: 231CDF4F-2378-4328-A5B1-C6F06B098280 Resolution No. 2026-05 Food Truck Pilot Program Extension Resolution City Council Regular Meeting | January 26, 2026 Page 3 of 6 Health Permit County of Santa Clara Department of Environmental Health, Consumer Protection Division Telephone – (408) 918-1908 https://cpd.sccgov.org/food/mobile- food-facilities Sellers Permit California Department of Tax and Fee Administration Telephone – 1-800-400-7115 https://www.cdtfa.ca.gov/services/ #Overview City of Gilroy Mobile Vending Pilot Program Registration City of Gilroy Administration Department Telephone – (408) 846-0207 https://cityofgilroy.org/1091/Mobile- Vending-Ordinance 4. No Mobile Vending Zone Mobile Vending is prohibited in the following areas: • Public Right-of-Way on Monterey Street from Leavesley Road to Luchessa Avenue and side streets from 4th Street to 7th Street, from Railroad Street to Eigleberry Street. • Private or Public Property fronting Monterey Street: no portion of a Mobile Food Vendor may be visible from any point along the property line where it abuts Monterey Street. o Visibility from diagonal angles—such as from intersections or neighboring parcels—is permissible only if the vendor is not visible from the direct frontage of Monterey Street. 5. Pilot Locations and Conditions All food trucks operating under this Resolution must ensure permanent restroom and handwashing facilities are available within two hundred (200) feet of their operating location if parked for longer than one hour, and must comply with all health, fire, and life safety regulations. Storing equipment or vehicles in any public parking lot within the City is strictly prohibited, regardless of whether vending is permitted in that location. Vendors also may not store equipment or vehicles on private property located within the No Mobile Vending Zone. A. Special Events Food trucks may operate at permitted special events for the duration of the event, provided they are listed on the special event permit. Vendors must follow all location, safety, and sanitation rules during the event. B. Downtown Locations • Food trucks may operate within the Downtown Specific Plan Area at the 5th Street Lot, the Eigleberry Lot, and the Paseo Lot, subject to compliance with the City's Mobile Vending Permit and all applicable permitting requirements. Docusign Envelope ID: 231CDF4F-2378-4328-A5B1-C6F06B098280 Resolution No. 2026-05 Food Truck Pilot Program Extension Resolution City Council Regular Meeting | January 26, 2026 Page 4 of 6 • Food truck operations shall be allowed during the months of June 2025 through October 2026, on Thursdays, Fridays, Saturdays, and Sundays, not to exceed the hours of 4:00 pm and 2:00 am in the 5th Street Lot, and 2:00 pm to 10:00 pm in designated spaces in the Eigleberry Lot and the Paseo Lot, excluding days when special events are scheduled in those areas. • Allowable hours in the 5th Street Lot may be adjusted to fit demand. • Private property along Gourmet Alley may be used with owner permission and required permits C. Private Property Mobile vendors may operate on developed private property in Commercial, Industrial/ Manufacturing, and Mixed-Use Zoning Districts. Residential zoning districts are prohibited. - Hours of operation: Hours cannot exceed those of the host business, and cannot operate outside of the hours of 6:00 am – 12:00 am. - Vendors must have written permission from the property owner and must not interfere with minimum required parking requirements. - Vendors may not operate from vacant or undeveloped parcels. 6. Operational Standards • No external signage, flags, or banners (only painted signage compliant with zoning code) • No tents, tables, canopies, or other temporary structures allowed • No generators exceeding acceptable noise levels • Waste and grease must be properly disposed of; vendors must provide trash receptacles • Maintain a minimum 5 feet or 50% of sidewalk clearance for pedestrian access • Maintain a 25-foot distance from ATMs Except as allowed by a Special Event permit, or at an approved Downtown location, vendors may not operate: - In any city park where there is a concessions agreement that exclusively permits the sale of food or merchandise by a concessionaire. - Within three hundred (300) feet of a permitted, certified farmers’ market or permitted special event during its operation. - Within four hundred (400) feet of a school between the hours of 7:00 a.m. and 4:00 p.m. on school days. - Within six hundred (600) feet of any entertainment establishment between the hours of 10:00 p.m. and 2:30 a.m. 7. Revocation and Suspension In accordance with Gilroy City Code Section 16A.17, in the event that the city administrator Docusign Envelope ID: 231CDF4F-2378-4328-A5B1-C6F06B098280 Resolution No. 2026-05 Food Truck Pilot Program Extension Resolution City Council Regular Meeting | January 26, 2026 Page 5 of 6 of the city has reasonable cause to believe and does believe that any licensee or holder of any permit issued under this pilot program is violating any provisions of this pilot program, or of any other law or ordinance relating to the business of the licensee, he shall have the power to and shall be authorized to suspend or revoke such license and all identity permits so issued, as well as any mobile vending permit. 8. Evaluation and Reporting City staff will monitor and evaluate the pilot program based on: - Public and business feedback - Vendor participation and permit data - Code enforcement or safety issues - Traffic, parking, and pedestrian impact observations Staff will report findings to the City Council prior to the program’s conclusion. PASSED AND ADOPTED by the City Council of the City of Gilroy this 26th day of January 2026, by the following vote: AYES: COUNCIL MEMBERS: BRACCO, CLINE, FUGAZZI, HILTON, RAMIREZ, BOZZO NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: MARQUES APPROVED: Greg Bozzo, Mayor ATTEST: Kim Mancera, City Clerk Docusign Envelope ID: 231CDF4F-2378-4328-A5B1-C6F06B098280 Resolution No. 2026-05 Food Truck Pilot Program Extension Resolution City Council Regular Meeting | January 26, 2026 Page 6 of 6 CERTIFICATE OF THE CLERK I, Kim Mancera, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2026-05 is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, January 26, 2026 with a quorum present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Wednesday, February 4, 2026. Kim Mancera City Clerk of the City of Gilroy Docusign Envelope ID: 231CDF4F-2378-4328-A5B1-C6F06B098280