Following a bumpy start to food trucks in Langley this past June, Mayor Fred McCarthy is recommending citywide review of mobile food vendor rules, legal review of the ordinance and a revised application.

McCarthy recently wrapped up an investigation that examined the city’s role in the kerfuffle. Punishment or disciplinary action for city staff will not be pursued, according to the mayor’s investigation summary, which was presented to the city council at its regular meeting Monday night.

“Lessons have been learned that should provide for improving the ordinance and application process and for a more thorough review and approval process for future food vans in the city,” McCarthy wrote in the report and later reiterated to the council July 20.

The issue began with citizen complaints over rule violations of Langley’s first legal, licensed food truck. Once an official complaint citing several parts of the mobile food vendor ordinance was filed, the city’s planning department issued a desist business order to The Big Wierzbowski, owned by Joe Wierzbowski.

The city council, by unanimous vote, approved a two-day stay of the order in a special meeting ahead of the Independence Day weekend. Later amendments were made by the director of Community Planning and approved by the council July 6, allowing the food truck to resume business the following weekend without further interruption. The council and city administration took a verbal beating, however, by several citizens during a lengthy public comment section.

The mayor found that the application was submitted and approved with “less than complete information.” In particular, several requirements from the ordinance were not met, such as the year, make, model and dimensions of the vehicle, a photo or drawing of the truck and business name, height of the awning, phone number and email of the applicant, description of the preparation methods and food to be sold, and no inspection of the truck for license and permit postings.

As part of the investigation, McCarthy interviewed only two people: the citizen who complained and the planning director, Michael Davolio. McCarthy did not name the citizen in the report, but acknowledged in a phone interview that it was First Street business owner David Price.

“I don’t want David Price vilified,” McCarthy said.

While his complaint spurred the city’s investigation, the mayor said it’s important that “when people have legitimate concerns that they feel heard and listened to.”

The council’s action at the July 6 meeting effectively nullified the ordinance infractions. By removing the length restriction of 20 feet, the main obstacle was cleared for the truck to resume operation at its new location on Second Street in front of US Bank.

Originally, the city’s plan was to create the ordinance, have food trucks roll into town for a “pilot” season this year, then review its successes and challenges before the year’s end. That process was accelerated because of a litany of problems, including some of the sites initially identified, such as the First Street location in front of Hladky/Whale Bell Park and the current exclusion of the Design Review Board from examining the look of a mobile food business. McCarthy said the city will continue to look at revising and improving its application and ordinance.

“I don’t think what happened here merits punishment, it merits improvement of processes and discussions in the evaluation of the individual,” McCarthy said in an interview with The Record before the Monday council meeting. “But it doesn’t merit any sanctions.”

One of the possible impending improvements is a better-defined checklist of permits and licenses and steps for new mobile food vendor businesses.

In Seattle, a street food vending checklist was created by the city’s Office of Economic Development. Seven different entities may need to be involved in the approval process, from a city business license to a fire marshal’s liquid propane gas permit to a city Department of Transportation street-use permit.

In Langley, most of the those steps are included in the Community Planning office, with the only other agency required to have some review of a food truck being Island County Public Health.

The mayor’s full investigation into the missteps and allegations of intent were acknowledged by the council.

“I appreciate the work you’ve done on this,” said Councilman Thomas Gill, who is running for the mayor’s office that McCarthy is stepping away from this election year. “When we go forward with a permanent ordinance, this will be helpful.”