pages: CityCouncil/2011-12-20.pdf, 10
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CityCouncil | 2011-12-20 | 10 | Councilmember Johnson questioned whether the City could be exempt since Alameda is a Charter City. The Assistant City Attorney stated the issue is of statewide concern because it is governed by the Vehicle Code. Councilmember Johnson stated a lot of things could be included in the Vehicle Code that are not specifically vehicle code related; the City should not concede that anything in the Vehicle Code is a matter of State pre-emption. The Assistant City Attorney stated parking is considered a matter of statewide concern; court decisions, specifically about food trucks, have been made interpreting the Vehicle Code. Councilmember Johnson stated a lot of businesses would be attracted at Alameda Point if Lawrence Berkeley National Laboratory comes to the area. The Chief Operating Officer stated the Alameda Reuse and Redevelopment Authority would have to consent to any Conditional Use Permit. Vice Mayor Bonta inquired whether the City would have the luxury of making decisions based on a diversified business selection, to which the Chief Operating Officer responded in the negative. Councilmember Tam stated the conditions would allow for a level playing field; food trucks go where people are; vacant lots do not invite food trucks. The Chief Operating Officer stated laying the groundwork is important in case something arises. Councilmember deHaan stated five years ago, Council had discussions regarding a food truck that wanted to be at a park; there was concern that a lot of non-profit groups had their own concessions; there was an outcry from the business community when gourmet food trucks were considered; competition would be a very concerning factor. Councilmember Johnson stated the City can only regulate food trucks on public streets for health and safety reasons. Councilmember deHaan stated the City has not been challenged on the issue. The Assistant City Attorney stated the City could establish regulations pertaining to health and safety; having an encroachment permit is a big process. Councilmember Johnson stated Council should go forward with the ordinance and not wait until there is a problem. Special Meeting Alameda City Council 10 December 20, 2011 | CityCouncil/2011-12-20.pdf |