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HomeMy WebLinkAboutItem 3CFrom:Rochelle To:City Clerk Subject:Meeting re. Street Vendors and Food Trucks Date:Thursday, March 9, 2023 4:04:14 PM NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Some of the food trucks are parked on curb sides where you have to park your car in a bike lane (or car lane) to access them. Besides the fact that the street vendors look like an extension of the homeless tent cities. 03/09/2023 Public Comment Item 3C March 9, 2023 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 ATTN: Mayor Grace Garner Mayor Pro-Tem Jeffrey Bernstein Councilmembers Lisa Middleton, Christy Holstege and Ron deHarte Scott Stiles, City Manager Teresa Gallavan, Assistant City Manager Brenda Pree, City Clerk Dear Mayor, City Council, and City Staff Members: The Board of Directors of the Palm Springs Hospitality Association strongly urges the City to oppose expanding the rights of food truck vendors to conduct businesses in Palm Springs. Food truck vendors are not following the same stringent health, safety, and tax ordinances that “brick and mortar” business do in Palm Springs. This gives these temporary, unsupervised pop-up enterprises an unfair advantage and cheats our community out of safety and tax revenues. Palm Springs restaurants and “brick and mortar” vendors, at great expense, follow the City and County health codes. Any day of the year they are subject to inspection for compliance and fined for infractions. Food truck vendors largely arrive at night when no City inspectors are on duty to monitor compliance. Food truck vendors provide no restroom and sanitation facilities to their customers or employees. Customers and employees are left to use the bathrooms within our local businesses, the few public restrooms provided by Palm Springs taxpayers. Even worse, bushes or dark corners of our parking lots are used, thus forcing local businesses or the City to clean the mess. Food truck operations typically cook with open propane or gas flames, creating serious unmitigated fire hazards. In addition, they do nothing to safely manage their exhaust emissions and pollute our community with their smoke, smells and particulates. Why are they allowed to cause this is public safety hazard? Food Truck vendors block sidewalks with their equipment or customer lines. They take away parking spaces supported by “brick and mortar” business taxes. These are public safety and nuisance issues. It has always been the case that Palm Springs restaurants and retail businesses must prosper during our destination’s peak seasons so that they may be able to survive in the slower months. Yet, our local restaurants and retail provide local jobs and important community attractions and amenities all year or nearly all year long. By contrast, pop up food truck vendors opportunistically set up shop when our destination is most ripe for snatching our tourism dollars. While we are discussing dollars, our local businesses pay state and local sales taxes, property taxes, payroll taxes and employee benefits and rents. Who is monitoring taxable receipts, payroll taxes and employee benefits on these sidewalk vendors? To whom are they paying rent? Local businesses are also the leading supporters of Palm Springs charities and civic events. Food truck vendors only use these events as an opportunity to extract revenue from our community and visitors. We understand that in so many ways, the State has taken away local government’s ability to decide their own zoning regulations. We recognize the City must respect State mandates allowing food truck vendors to operate in municipalities. But, please, respect the local Palm Springs businesses that have dedicated time and money to create local jobs, attractions, tax revenues and local economic benefits for Palm Springs. The Board of Directors of the Palm Springs Hospitality Association unanimously urges you to restrict in any way possible the spread of food truck vendors Palm Springs. Thank you for considering our request. Sincerely, Aftab Dada President of the Palm Springs Hospitality Association March 9, 2023 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 ATTN: Mayor Grace Garner Mayor Pro-Tem Jeffrey Bernstein Councilmembers Lisa Middleton, Christy Holstege and Ron deHarte Scott Stiles, City Manager Teresa Gallavan, Assistant City Manager Brenda Pree, City Clerk Dear Mayor, City Council, and City Staff Members: The Board of PS Resorts strongly urges the City to oppose expanding the rights of food truck vendors to conduct businesses in Palm Springs. Food truck vendors are not following the same stringent health, safety, and tax ordinances that “brick and mortar” business do in Palm Springs. This gives these temporary, unsupervised pop-up enterprises an unfair advantage and cheats our community out of safety and tax revenues. Palm Springs restaurants and “brick and mortar” vendors, at great expense, follow the City and County health codes. Any day of the year they are subject to inspection for compliance and fined for infractions. Food truck vendors largely arrive at night when no City inspectors are on duty to monitor compliance. Food truck vendors provide no restroom and sanitation facilities to their customers or employees. Customers and employees are left to use the bathrooms within our local businesses, the few public restrooms provided by Palm Springs taxpayers. Even worse, 03/09/2023 Public Comment Item 3C bushes or dark corners of our parking lots are used, thus forcing local businesses or the City to clean the mess. Food truck operations typically cook with open propane or gas flames, creating serious unmitigated fire hazards. In addition, they do nothing to safely manage their exhaust emissions and pollute our community with their smoke, smells and particulates. Why are they allowed to cause this is public safety hazard? Food Truck vendors block sidewalks with their equipment or customer lines. They take away parking spaces supported by “brick and mortar” business taxes. These are public safety and nuisance issues. It has always been the case that Palm Springs restaurants and retail businesses must prosper during our destination’s peak seasons so that they may be able to survive in the slower months. Yet, our local restaurants and retail provide local jobs and important community attractions and amenities all year or nearly all year long. By contrast, pop up food truck vendors opportunistically set up shop when our destination is most ripe for snatching our tourism dollars. While we are discussing dollars, our local businesses pay state and local sales taxes, property taxes, payroll taxes and employee benefits and rents. Who is monitoring taxable receipts, payroll taxes and employee benefits on these sidewalk vendors? To whom are they paying rent? Local businesses are also the leading supporters of Palm Springs charities and civic events. Food truck vendors only use these events as an opportunity to extract revenue from our community and visitors. We understand that in so many ways, the State has taken away local government’s ability to decide their own zoning regulations. We recognize the City must respect State mandates allowing food truck vendors to operate in municipalities. But, please, respect the local Palm Springs businesses that have dedicated time and money to create local jobs, attractions, tax revenues and local economic benefits for Palm Springs. The Board of PS Resorts unanimously urges you to restrict in any way possible the spread of food truck vendors Palm Springs. Thank you for considering our request. Sincerely, Aftab Dada 03/09/2023 Public Comment Item 3C Aftab Dada, Hilton Palm Springs, PS Resorts Chairman Celeste Brackley, ACE Hotel & Swim Club, PS Resorts Vice-Chairman Robert Hunt, Alcazar Palm Springs, PS Resorts Secretary Matt Shough, Avalon Palm Springs, Melvyn’s Restaurant, and Ingleside Inn Jose Rodriguez, Caliente Tropics Chris Garber, Sparrows Lodge Shannon Anderson, Hilton Palm Springs Kevin Watson, Hyatt Suites Palm Springs Peggy Trott, Kimpton, the Rowan Palm Springs Peter Lenton, L’Horizon Resort & Spa and Colony Palms Tim Lusher, Margaritaville Palm Springs Alison Wickerham, Marquis Villas Brandon McCurley, Parker Palm Springs Curtis Pandes, The Saguaro Palm Springs Eric Luberto, Sonder at V Palm Springs Phillip Conner, Villa Royale Joel Manion, Hotel Zoso Harold Matzner, Chairman Palm Springs International Film Festival & Spencer’s Restaurant Michael Braun, Grit Development Scott White, Greater Palm Springs Convention & Visitors Bureau Jerry Keller, Lulu’s Palm Springs 03/09/2023 Public Comment Item 3C March 9, 2023 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 ATTN: Mayor Grace Garner Mayor Pro-Tem Jeffrey Bernstein Councilmembers Lisa Middleton, Christy Holstege and Ron deHarte Scott Stiles, City Manager Teresa Gallavan, Assistant City Manager Brenda Pree, City Clerk Dear Mayor, City Council, and City Staff Members: The Board of PS Resorts strongly urges the City to oppose expanding the rights of food truck vendors to conduct businesses in Palm Springs. Food truck vendors are not following the same stringent health, safety, and tax ordinances that “brick and mortar” business do in Palm Springs. This gives these temporary, unsupervised pop-up enterprises an unfair advantage and cheats our community out of safety and tax revenues. Palm Springs restaurants and “brick and mortar” vendors, at great expense, follow the City and County health codes. Any day of the year they are subject to inspection for compliance and fined for infractions. Food truck vendors largely arrive at night when no City inspectors are on duty to monitor compliance. Food truck vendors provide no restroom and sanitation facilities to their customers or employees. Customers and employees are left to use the bathrooms within our local businesses, the few public restrooms provided by Palm Springs taxpayers. Even worse, 03/09/2023 Public Comment Item 3C bushes or dark corners of our parking lots are used, thus forcing local businesses or the City to clean the mess. Food truck operations typically cook with open propane or gas flames, creating serious unmitigated fire hazards. In addition, they do nothing to safely manage their exhaust emissions and pollute our community with their smoke, smells and particulates. Why are they allowed to cause this is public safety hazard? Food Truck vendors block sidewalks with their equipment or customer lines. They take away parking spaces supported by “brick and mortar” business taxes. These are public safety and nuisance issues. It has always been the case that Palm Springs restaurants and retail businesses must prosper during our destination’s peak seasons so that they may be able to survive in the slower months. Yet, our local restaurants and retail provide local jobs and important community attractions and amenities all year or nearly all year long. By contrast, pop up food truck vendors opportunistically set up shop when our destination is most ripe for snatching our tourism dollars. While we are discussing dollars, our local businesses pay state and local sales taxes, property taxes, payroll taxes and employee benefits and rents. Who is monitoring taxable receipts, payroll taxes and employee benefits on these sidewalk vendors? To whom are they paying rent? Local businesses are also the leading supporters of Palm Springs charities and civic events. Food truck vendors only use these events as an opportunity to extract revenue from our community and visitors. We understand that in so many ways, the State has taken away local government’s ability to decide their own zoning regulations. We recognize the City must respect State mandates allowing food truck vendors to operate in municipalities. But, please, respect the local Palm Springs businesses that have dedicated time and money to create local jobs, attractions, tax revenues and local economic benefits for Palm Springs. The Board of PS Resorts unanimously urges you to restrict in any way possible the spread of food truck vendors Palm Springs. Thank you for considering our request. Sincerely, Aftab Dada 03/09/2023 Public Comment Item 3C Aftab Dada, Hilton Palm Springs, PS Resorts Chairman Celeste Brackley, ACE Hotel & Swim Club, PS Resorts Vice-Chairman Robert Hunt, Alcazar Palm Springs, PS Resorts Secretary Matt Shough, Avalon Palm Springs, Melvyn’s Restaurant, and Ingleside Inn Jose Rodriguez, Caliente Tropics Chris Garber, Sparrows Lodge Shannon Anderson, Hilton Palm Springs Kevin Watson, Hyatt Suites Palm Springs Peggy Trott, Kimpton, the Rowan Palm Springs Peter Lenton, L’Horizon Resort & Spa and Colony Palms Tim Lusher, Margaritaville Palm Springs Alison Wickerham, Marquis Villas Brandon McCurley, Parker Palm Springs Curtis Pandes, The Saguaro Palm Springs Eric Luberto, Sonder at V Palm Springs Phillip Conner, Villa Royale Joel Manion, Hotel Zoso Harold Matzner, Chairman Palm Springs International Film Festival & Spencer’s Restaurant Michael Braun, Grit Development Scott White, Greater Palm Springs Convention & Visitors Bureau Jerry Keller, Lulu’s Palm Springs 03/09/2023 Public Comment Item 3C From:Dean Lavine To:Grace Garner; Jeffrey Bernstein; Lisa Middleton; Christy Holstege; Ron deHarte Cc:Teresa Gallavan; Jeff Ballinger-C; Scott Stiles; City Clerk; Flinn Fagg Subject:Food Trucks and Sidewalk Vending Date:Thursday, March 9, 2023 10:39:14 AM NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Honorable Council Members, This email is in regards to the Sidewalk Vending and Food Truck agenda items. As this council weighs the merits of expanding food trucks and looking at regulations regarding street vending, there are some issues I feel I should speak up on. Sidewalk vending: The law is the law, and there is a reason for that. However, when considering the intent of law, please be aware that restaurants do exponentially more for immigrants than sidewalk vending and food trucks combined. For example: 30% of our staff is a first generation immigrant. Everyone on our staff makes more than $20 an hour (almost 30% higher than minimum wage). 95% of our staff works full time. They receive proper benefits as we comply with every federal, state and local law. It means they get sick pay, harassment training, health insurance guidance, flexible scheduling (where we consider the needs of their families) and a work environment where they can grow. Our general manager is an immigrant who at 25 years old was recently promoted from server. I am asking that Council enacts the recommendations of the city staff to ensure that sidewalk vending complies with safety and health issues. As many of you are aware we had a vendor operating without any health or city permits for months in our district. Regardless of their egregious health violations, they also ran afoul of fire laws and would regularly fill the businesses in the districts with foul smelling smoke. This is not hyperbole. What recourse did we have? Please consider all factors. Take a moment to fully understand the scope of the issue. How does it affect those that have invested so much in this community? What is a safe and healthy way to give entrepreneurs a step up? How can you consider everyone symbiotically? Food trucks: They can be amazing. 03/09/2023 Public Comment Item 3C Food trucks can be a source of new and innovative cuisine. They can also be a cheaper avenue to starting a business. I believe every city should designate an area away from brick and mortar businesses where they can congregate together. Many cities have this and they are wonderful places where entrepreneurs can show off. I would support a designated food truck parking lot that doesn't adversely affect brick and mortar businesses. They are also wonderful as they can bring food to areas that don’t have it: public parks, offices, construction sites, etc. However, when they are allowed to roam freely they can be a threat to local businesses that employ local residents. Oftentimes food trucks can park nearby or in front of brick and mortar businesses without having to comply and go through all of the requirements that we have to. Allowing food trucks in already congested areas to take up valuable parking spaces without complying with many laws/rules (signage, health dept, rent, business license, city permits, occupancy, trash rules, sustainability, etc) is unjust and unfair. In Palm Springs, occupancy alone is a major issue. As our city lags behind by having occupancy rules based on a parking paradigm from the 80s, how does a food truck account for people who come to park at one? I ask that the Council keep food trucks from areas that can exacerbate parking issues as well as pose a threat to our good standing restaurants that employ thousands and generate millions in taxes. Arenas District: Lastly I ask that you consider the Arenas District and it’s immediate surrounding areas in the same vein as you consider Palm Canyon. We are directly connected to Palm Canyon, but we can have greater challenges. We serve more visitors in one block than any other area of the city and we have bigger parking challenges, as the employees of surrounding businesses (not in the District) take up a majority of our parking spaces. In conclusion, inflation has already had an adverse affect on our industry. During times of economic uncertainty restaurants suffer more than any other industry. We just emerged from the pandemic with 10% less restaurants in this country. In this valley, staffing is virtually impossible. Supply and demand in the kitchen has raised costs far beyond the rate of inflation. Please don't add to our challenges as we have seen that the rate of success in our industry can turn quickly. As the city has grown the number of restaurant seats has grown at a higher rate. Adding food trucks will surely affect how many people we employ, how much tax we generate and most of all our existence. Thank you for your time in reading this and your consideration. I understand that due to the Brown Act, you cannot discuss this amongst yourselves so I won't be offended if you don't reply all:) Best, 03/09/2023 Public Comment Item 3C Dean Lavine Blackbook 03/09/2023 Public Comment Item 3C March 8, 2023 Palm Springs City Council 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Palm Springs City Council: We, the undersigned organizations, respectfully ask that you adopt a revised draft ordinance that includes some of the amendments provided in Attachment A of the staff report and that you also consider our collective recommendations. We are glad to see some changes included in the updated ordinance and we also ask that you work to understand the guidelines ICIJ and Public Counsel have offered. We request that you help plan engagement efforts with sidewalk vendors and all community advocates to help educate the public about this new ordinance in efforts to create a vibrant local economy for all. The Coachella Valley is an area where immigrants build their lives through various means, such as local businesses, service industry work, and other avenues. Street vending is a cultural practice that helps provide employment and important services to working class communities of color. In establishing these regulations, the ordinance would help sidewalk vendors create reliable and culturally significant foods and goods. Street vending is also an accessible trade for recent immigrants because it does not limit people through immigration status, language barriers, age requirements and funds. Palm Springs has the opportunity to welcome permanent and seasonal street vendors who provide culturally accessible, and economically affordable foods and goods to all customers, especially the workers of the cleaning and service industry. In the Palm Springs area there are still community members such as workers of the cleaning industry, service industry, and landscapers who seek accessible, affordable foods. These are working community members who are behind the scenes to keep the city going and known. It is also these community members who lack access to tourist friendly areas in the city and may seek street vendors to fulfill that need. Please take the following recommendations as good policy recommendations – ●Do not require an encroachment permit, the encroachment permit was set at a high cost and should not be required. We have to consider food vendors need to also pay for liability insurance, food handlers and manager's license, certified carts, commercial kitchen space, and commissaries. Other vendors sell pre packaged food and merchandise and are also required to submit business licenses, liability insurance, EIN, and other items. These would just be the basis of the fees to allow a sidewalk vendor to sell within the permitted city boundaries of Palm Springs and other cities. Should fees be established for they should take into account the unique economic positions of the street vendors. Income, vending methods, and other factors should be taken into consideration. ●The fine structure can and should be reduced. State law creates a ceiling for administrative fines, which is the most punitive position a city can take when it comes to enforcement. This is not a best practice. ○A less productive method of enforcement, but still better than the highest cap, would be to respond with no fines and provide educational outreach and work with vendors to be in compliance. ○A step further from an ideal scenario, is creating a smaller fine structure - say 1/4 of the current fine scheme - starting fines at 25 dollars, 50 dollars, etc - more akin to a parking ticket situation (although research shows vendors also struggle heavily with accumulated parking tickets and these too become a huge issue in cities like San Bernardino). ●The language of immediate vicinity prohibitions adjacent to farmers markets and swap meets is preferable than a complete 500 foot exclusionary zone. Not only is this bad policy, but it's likely violating the state law if there's no appropriate rationale directly related to objective welfare, safety, and health 03/09/2023 Public Comment Item 3C concerns. At most, 50 feet seems to fit more within the meaning of immediate vicinity, but 500 feet is far beyond immediate. ●Sidewalk clearance –Reducing the required clearance of sidewalks also expands the use of certain sidewalks. We need to reduce the sidewalk clearance requirement from 72” to 36” or less to comply with ADA requirements We urge the City of Palm Springs to work on the updated sidewalk vendor ordinance and to focus on efforts that seek to inform and decriminalize rather than punish workers. Any future conversation surrounding the regulation of sidewalk vending must include the input of the very vendors the city seeks to regulate. Their lived experience will better inform the city’s actions and help create a community that serves everyone. Sincerely, Javier Hernandez, Executive Director Inland Coalition for Immigrant Justice 2441 N. Sierra Way, San Bernardino, CA 92405 (562) 858-5596 Heather Vaikona President/CEO J. Reyes Lopez R. Community Organizer Indio Organizing Power Vanessa Moreno Coachella Programs Manager TITLE] Council of Mexican Federations in North America (COFEM) Michael Milan Board President, Desert Chapter American Civil Liberties Union of Southern California Michelle Castillo Chef-Owner of Lola’s Kusina Microenterprise Home Kitchen in the City of Palm Springs 03/09/2023 Public Comment Item 3C t March 8, 2023 City of Palm Springs: Mayor and City Council City Manager Scott Stiles City Clerk Subject: Commerce on public land / street vendors / food trucks Greetings In 2018 I became aware of SB 946 and recommended to the Mayor and City Manager that the action to create a compliant ordinance should be done before we had street vendors on the streets, I am pleased to see you taking compliant actions today, four years later. The first question the city must ask is do we want to permit “commerce” on our public sidewalks and/or street parklets. SB 946 requires street vendors, food trucks as well as brick and mortar businesses must be treated equally. The proposed ordinance bans food trucks from Palm Canyon Drive, naming traffic, congestion, and limited parking as reasons. Those same reasons were used while drafting the existing ordinance however the media reported the ordinance was written with the input of the local restaurants including the rents they pay, the seasonality of Palm Springs, the cost of utilities, as well as congestion and limited parking as reasons to ban food trucks downtown and uptown. Here is a quote from the Desert Sun on the current ordinance, “The ordinance is in part a response to fear by local restauranteurs who want to prevent out-of-town trucks from swooping into the city and poaching diners. SEVEN UNIQUE DISTRICTS OF PALM CANYON DRIVE CREATING ONE SHOPPING EXPERIENCE LIKE NO PLACE ELSE FROM NORTH TO SOUTH: City Gateway District Palm Canyon Drive Tramway to Vista Chino Uptown Dine and Design District Palm & Indian Canyons Vista Chino to Alejo Downtown Alejo to Camino Parasola THE MICRO DISTRCTS OF DOWNTOWN: North Palm Canyon Drive Tribal Cultural Center and Entertainment district Tahquitz Corridor South Palm Canyon Drive Indian Canyon Drive No & So District Arenas The Sunny Dunes Palm Canyon Drive, Camino Parasola to Mesquite, Sunny Dunes Road Industrial Place The Curve @ South and East Palm Canyon Drive Mesquite to Camino Real Smoketrees and Saguaro District Palm Canyon Drive Camino Real to Araby Backstreet Arts District & Von’s Rimrock Center Cherokee Way at Palm Canyon Drive and Palm Canyon Drive at Gene Autry Trail. Matt Robinson PALM SPRINGS Promotions & The Districts of Palm Canyon Drive 7610 Calle Mazamitla, Palm Springs CA 92264 GuyInPalmSprings@gmail.com 760/567-0473 PSP 03/09/2023 Public Comment Item 3C "There was a lot of fear that food trucks would just roll up on busy weekends, park in front of our businesses, and have a negative impact on our ability to make it through the summer," Mindy Reed, who owns Zin American Bistro and Alicante Spanish American Restaurant in downtown, said in her comments to the council.” Today the impacts of street vendors and food trucks on brick-and-mortar businesses may not be considered under state law. Restaurants are given free use of public sidewalks and below market rent of street parking for parklets on Palm Canyon Drive in the same areas you propose to ban food trucks because of congestion and limited parking. If you allow all restaurants to use street parking for commerce, you cannot ban food trucks and/or street vendors because they all use limited street parking for commerce. In fact one restaurant has a seldom used parklet occupying eight or nine parking spaces, proof the City of Palm Springs is willing to use limited street parking for commerce. Ending all commerce in public street parking would be an option for the restaurants to keep the food trucks away under state law, however their own commerce in parklets would need to end to use limited parking or congestion as facts in your ordinance. The time has come for restaurants to stop using the back door at city hall to make deals, deals like getting below market value land for parklets, free use of sidewalks and a new food truck ordinance that continues their demands to ban food trucks from around the most vocal restaurant owners. When the City Council last discussed street vendors and food trucks, Dennis Woods referred to the food vendors set up on sidewalks and in empty lots as “food trucks”. I’m not sure these are not food vendors vs food trucks. Just perhaps the two categories should be street vendors selling merchandise, prepackaged foods, flowers or whole raw fruits and vegetables and a separate category for prepared, unpackaged foods. The second category would include both food vendors and food trucks under the same guidelines. If considered a street vendor vs food truck they would be limited to one table or cart. Vendors like the food vendors setup at various locations raise an issue of vehicles using undeveloped parcels for parking which is prohibited in Palm Springs due to PM-10 dust regulations. Additionally, bike lanes are being used for parking at many food vendors and that should be addressed in any ordinance. While a forty-eight-inch clear path is compliant with ADA requirements, the heavier use of the sidewalk the wider clear path required to accommodate disabled pedestrians. In 2003 the Palm Springs downtown urban design plan called for the installation of the pavers to meet the pedestrian demand, today we have given that paver sidewalk area to restaurants reducing the sidewalks to a width of decades ago. While 48 inches may be 03/09/2023 Public Comment Item 3C adequate in some areas, I plea with you to require 5 to 6 feet clear zone for pedestrians on Palm Canyon Drive between Vista Chino and Camino Parasola. This should be for all street vendors and restaurant use of public sidewalks. As the spouse of a disabled person I understand the needs of someone in a wheelchair without scraping their knuckles because the space is too tight. If the business has waiting customers, they should wait outside the clear zone path. Currently restaurants using public sidewalks for private seating have built corrals to be ABC compliant, however this prevents persons from getting in or out of a parked car. One recognized sidewalk design standard calls for a clear 2-foot curb zone from the curb face inward anywhere parking is permitted (some municipalities have reduced the curb zone to 18 inches. I believe this curb zone should become the standard for both restaurants use and or street vendors. We are no longer looking at temporary uses and need long-term planning. This curb zone is not used where there is a no parking zone. Jeffrey and I discussed the need for a new ordinance. Jeffrey felt that restricting vendors from “blocking” any business windows would prevent the vast majority of downtown from street vendors. I have requested a clarification from the City Attorney the meaning of blocking windows as used in this ordinance. A) Vendors may not set up against a storefront blocking the window from pedestrians passing the business, or B) Street vendors may not set up anywhere on the sidewalk if the business has windows. The view must be protected from vehicles and across the street. It is reasonable to require vendors to operate in the “furniture zone” of the sidewalk and not in the frontage zone adjacent to the building. Stipulating if the storefront has windows the entire storefront sidewalk is a no vendor zone. If the more restrictive interpretation of any windows may not be obstructed from any location, I do not believe this ordinance will stand any legal challenge. Can I please get a clarification? Thank You Matt Robinson Sidewalk zones: https://www.sfbetterstreets.org/design-guidelines/sidewalk-zones/#frontageZone 03/09/2023 Public Comment Item 3C From:Richard To:City Clerk Cc:Christy Holstege Subject:Public Comment - For City Council Meeting March 9, 2023 Item 3.c. Date:Wednesday, March 8, 2023 2:51:52 PM NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Mayor and City Council, Thank you and staff for the ongoing work you are doing around street vendors. The regulations that the City proposes seem reasonable. Because I have seen some vendors who sometimes block sidewalk curb cuts used by people in wheelchairs, I’m wondering if there’s a need to address that in the regulations. The City rightly outlines the clearance needed on sidewalks per ADA access standards (Attachment A Section 5.89.030 Permits Required, A. 7). I’m wondering if language needs to be added about keeping curb cuts clear. Section 5.89.050 Stationary Sidewalk Vending Locations and Standards. B.18 focuses on corner visibility, which likely addresses curb cut clearance. Mentioning curb cuts by name may just make this document even clearer. Thank you for taking my comment and suggestion. Richard Allegra 2238 N Sunshine Cir Palm Springs CA 92264 District 4 03/09/2023 Public Comment Item 3C Elias (Lee) K. Morcus Kaiser Grille – Palm Springs 205 South Palm Canyon drive Palm Springs, CA 92262 ekmorcus@aol.com (760) 219-9999 Ms. Grace Garner Mayor Grace.Garner@palmspringsca.gov Mr. Jeffrey Bernstein Jeffrey.Bernstein@palmspringsca.gov Mayor Pro-tem Mr. Ron deHarte Ron.deHarte@palmspringsca.gov Councilmember Ms. Christy Holstege Christy.Holstege@palmspringsca.gov Councilmember Ms. Lisa Middleton Lisa.Middleton@palmspringsca.gov Councilmember Mr. Scott Stiles Scott.Stiles@palmspringsca.gov City Manager Ms. Teresa Gallavan Teresa.Gallavan@palmspringsca.gov Assistant City Manager Mr. Jeff Ballinger Jeff.Ballinger-c@palmspringsca.gov City Attorney Cc: Palm Springs City Clerk PSHA Main Street Date: Wednesday; March 8, 2023 Subject: Food Trucks, Street Vendors, Sidewalk Vendors 03/09/2023 Public Comment Item 3C Subject: Food Trucks, Street Vendors, Sidewalk Vendors Dear Mayor Garner, Mayor Pro-Tem Bernstein, Council members deHarte, Holstege, and Middleton, City Manager Stiles, Assistant City Manager Gallavan and City Attorney Ballinger: Thank you all for your service and commitment to our City of Palm Springs and our community, including residents, business, visitors, and others. We have been in business and heavily invested in Palm Springs for 25 years. Please accept my vigorous opposition to any idea or notion that the City of Palm Pprings should allow any food truckers, street food vendors or sidewalk vendors outside of vetted and controlled special events. I am shocked that this controversial issue is even on the agenda and slated for discussion let alone consideration. This is a terrible idea that will only serve to work against the best interests of our communities and economy. In the spirit of brevity, I offer the following points. 1. Palm Canyon Drive is not clean, cleaned regularly and is unsightly. Street and sidewalk vendors will add to the filth, litter and lack of sanitation. Our Downtown should and must shine at its brightest. 2.We should be upgrading and updating. The ideas of adding street and sidewalk vendors is a decided and marked downgrade. 3.More trash more litter will be an immediate and direct result. 4.There are no provisions for restrooms, water, soap and other NECESSARY Sanitary measures. Do you expect our merchants to open their restaurants and business to disruptive public traffic from non-guests, non-customers, and non-patrons? 5.Our brick-and-mortar business investments are significant and ongoing. Allowing fly by night vendors to set up shop is disruptive and will absolutely impact revenues of your full time permanent and heavily invested FIXED business community. Imaging a tact vendor selling $5.00 tacos in front of or jus or just down the block from Las Casuelas. Cheap burgers in front of Kaiser Grille or Tyler’s are equally objectionable, UNFAIR AND WRONG! 6.Parking is already stressed 7.Obvious Food Safety, Food sanitation issues. Who and How will these businesses be inspected? Most of the taco stands, tamale stands, fruit stands, “coco fria” stands are illegal and not subject to any public or food safety and sanitation scrutiny. Furthermore, these stands are illegal and often owned and run by Coyotes who are forcing illegally smuggle immigrants to work as indentured servants in exchange for their passage into America. This is inhuman and inhumane. I am the son of an immigrant family. I love America and believe passionately we are at our best when we are inclusive. America’s greatest strength is our people and our diversity. But the model I describe above is not the American ideal or the American way. 8.This does not elevate our Palm Canyon Drive or Palm Springs, experience. This only detracts from it and compromises the public health, public safety, and public trust. 9.What’s next, retail vendors on the sidewalk too? Will they be selling t-shirts, sunglasses, lingerie, cannabis? When and where does this insanity stop? 10. Maybe sidewalk tattoos and massages? 03/09/2023 Public Comment Item 3C 11. What impact do you think this will have on the homeless population? This will also increase and concentrate the homeless population. I am all for their aid and shelter, but there are appropriate times, spaces, places, and methods to do so. This is not on that list 12. What impact do you think this will have on Crime – I am confident that this, if allowed, will contribute to and increase crime. 13. Licensing, employee safety, taxes, permits, reporting, insurance, employee safety. These are not mere words. 14. We are in a down economy. Your notion of allowing food trucks and street vendors disrespects and disregards the significant investment by long term community citizens into and in support of our community. 15. Dollars spent locally in local businesses have ten times the economic impact and benefit, stay in, and turnover in the community ten times more than dollars generated to businesses that are outside of our community. It is called the economic multiplier effect and directly impacts that tax base. 16. Unfair competition - unfair and unjust to allow somebody to be selling a hamburger off the street at a much lower price than those of us who have invested our lives and our dollars into the city and continue to reinvest into the city. 17. During Covid, I invested several hundred thousand dollars updating my building. I received ZERO Credit for these public safety and other improvements The City of Palm Springs. These were simply categorized as doing the right things. Yet, Kaiser Grille was not even allowed outside dining on Palm Canyon Drive. Now you want the same street Palm Canyon Drive crawling with food trucks and sidewalk vendors? 18. VillageFest / Street Fair needs a complete reimagining and overall. Standards are not followed or enforced. It has become something resembling a low-end flea market. It has lost its character and charm through neglect. I completely support Village Fest / Street Fair; this is an important community event, but it is not being executed to the highest levls of excellence. The established regulations, standards and guidelines are NOT being enforced. They are disregarded and the event has deteriorated greatly from its ideal. Vendor standards, offerings and conduct must be enforced. Vendors and vendor product offerings and criteria mist be stringent. Allowing street vendors and food trucks and food carts will produce the same erosion and decline, and likely accelerate this process. we should be focused as a community and together on elevating the heart of our City. We area world class community. We deserve world class experiences, leadership, and decision making that elevates our community, brand, and experience. I remain vigorously opposed to even entertaining the idea of considering street vendors, food trucks and the like. It is simply wrong for Palm Springs, works against the highest and best interests of our City and our communities. I urge you to stop this and put in place policies and practices that forbid this. Period. Thank you for your time. Most sincerely, Lee Morcus 03/09/2023 Public Comment Item 3C