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HomeMy WebLinkAboutItem 3AFrom:Jeff Denean Jones To:City Clerk Subject:Comment for Tonight’s Decision on Allowing Food Trucks Date:Thursday, October 26, 2023 3:42:49 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 Palm Springs Cityh Clerk, I’m writing my comment for tonight’s consideration of the downtown ordinance restricting food trucks and other food vendors. I have long considered this restriction unfair and impractical. As a consumer, I frequently wish I could find a food vendor offering convenience, good food, and an affordable price as I shop and otherwise stroll through downtown Palm Springs. I often think about what is offered in other similar markets and I cannot help but feel this a disservice to visitors and shoppers that we we don’t have this here. I know there has been great pressure from the established restaurants here to maintain the status quo, but as the State of California has determined, this favoritism is out of the bounds of what is legal. I strongly support the revision to this ordinance by this city council. Make the ordinance come in compliance with the state of California, and help make small business ownership achievable and equitable in Palm Springs. Do the right thing. Vote to include food trucks and street vendors to operate in downtown. Thank you! Kindest Regards, Jeff Denean Jones, CTA pronouns: they | them Palm Springs Resident & Consumer 760.832.2135 m 10/26/2023 Public Comment Item 3A From:Matt Robinson To:City Clerk; Jeff Ballinger-C Subject:PARKLETS Council comments Date:Thursday, October 26, 2023 11:00:45 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. Greetings Mayor and members of the Council. I see a series of your actions potentially bringing the City of Palm Springs into litigation. The Street Vendor ordnance has preferences for brick and mortar businesses, those have gone to court everywhere they have been tried. The Food Truck ordinance is coming before you soon, while I have offered the City Attorney a component of a parking masterplan that solves that, a food truck ordinances could be litigated too. Today you are looking at locking in parklets for either five years or a lifetime. Should we see litigation from street vendors or food trucks we have one choice no one has looked at: make the entire one-way section of Palm Canyon Drive and the Arenas District a NO COMMERCE ON PUBLIC LAND zone. The basis would be the same health, safety, congestion and parking. The City Attorney suggests a no commerce zone would be possible, it's just not a choice you have chosen. No commerce would end street vendors, food trucks, sidewalk restaurant seating and parklets on public land within the zone. That is eliminating your preferences for brick and mortar businesses that are loosing court challenges elsewhere in California. Locking in parklets tonight will eliminate the option of a no commerce zone should the city loose court challenges over street vendors or food trucks. Parklets prove parking is not so limited that you use limited parking in your street vendor or food truck ordinances. If parking is a reason to ban some commerce in parking spaces you must ban all commerce in the same parking spaces under state law. Please let potential court challenges play out before you eliminate the only option that maintains the charm of downtown Palm Springs. Matt Robinson 10/26/2023 Public Comment Item 3A From:Susan To:City Clerk; Grace Garner; Jeff Ballinger-C; Scott Stiles Subject:Item 5 ought not be excluded as deHarte asks because Date:Thursday, October 26, 2023 7:26:02 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. Food trucks are sole proprieter, not comparable to brick mortar restaurant. We must not have food trucks serve teens if food truck owner has child molestation, public sexual predator/exposure or buying alcohol or cigarettes for underage or the like past record. Keep number five mandate in place or you open city to liability, worse yet attracting perps to be here for this. Thank you 10/26/2023 Public Comment Item 3A From:Grace Garner To:City Clerk Subject:FW: Food trucks Date:Monday, October 30, 2023 12:40:25 PM From: greggandjon <greggandjon@aol.com> Sent: Friday, October 27, 2023 9:42 AM To: Grace Garner <Grace.Garner@palmspringsca.gov> Subject: Food trucks 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. We are not in favor of food trucks in downtown. Gregg Lacy Jonathan Walke Sent from my Verizon, Samsung Galaxy smartphone 10/26/2023 Public Comment Item 3A From:Grace Garner To:City Clerk Subject:FW: Food truck research Date:Monday, October 30, 2023 12:30:21 PM From: ROBIN TANNER <rtanner@bus.wisc.edu> Sent: Saturday, October 28, 2023 7:43 AM To: Grace Garner <Grace.Garner@palmspringsca.gov> Subject: Food truck research 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. Hi, I moved to PS from Madison WI. While I was there a street of food trucks opened downtown after much debate as is happening here. Despite all the fear mongering from restaurants the results were positive for all concerned with the trucks drawing a lot more people to the area and creating a bit of foodie buzz. It probably helped that the trucks all tended to add ethnic food options not otherwise widely available. As an academic I always look to the research, rather than speculating…. https://ij.org/press-release/new-report-food-trucks-not-a-threat-to-restaurant- industry/#:~:text=“The%20results%20of%20this%20study,co%2Dauthor%20of%20the%20report. Rob Robin J. Tanner (Early) Retired Associate Professor of Marketing Wisconsin School of Business UW Madison https://sites.google.com/site/robtannerresearch/ 10/26/2023 Public Comment Item 3A From:Susan To:Grace Garner; Lisa Middleton; Jeffrey Bernstein; Scott Stiles; City Clerk Subject:Re: Food truck permits include many permits other than city of Palm Springs business permit...Public health, county, Item 5 ought not be excluded as deHarte asks because Date:Tuesday, October 31, 2023 10:45:23 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. Mayor Grace Garner: We must keep up front, foremost clear issues. Palm Springs, like before the city chartered in 1938 is a health resort. This is what we offer. As Mayor will you create an ALL new city department for food trucks? If so keep in mind this may have to be a 24/7 full city department to oversee the following purposes: 1. clean air- no diesel run engines, generators, compressors for kitchen gas cooking, food refrigeration. As per state law now- a diesel vehicle MUST be shut down after 5 minutes 2. In field 24/7 deputized city staff be on streets, roving to each location of a food truck to monitor the four hour stay to issue citations or demand move along 3. an entire check in, check out system for each food truck to report to a central station as to when they park, where they park, what time logged in there, what time they move on... This would be similar to truck logs on interstates. There would need to be an officer who checks each food truck record on a daily basis to be sure they are in compliance. 4. no sleeping in food trucks, Food trucks need to show a physical address where they store each truck. Trucks must lease commercial storage space or have the truck stored in a commercial yard. NO storing food trucks at a residence in Palm Springs. 5. City must determine new department staff 24/7 fulfillments to be sure there are enough new hires to manage this proposal. 6. Because there is no income from food truck sales, how will the city budget manage to pay the new department, new 24/7 staff ? If you figure four to five persons per eight hour shift.. the four staff in an 8 hr work schedule. The city will need to hire 12 new personnel for this food truck department. 7. Have you checked with county of Riverside health departments to ask if they will tax or surcharge the city of Palm Springs to monitor health dept regular inspections, issue A -F food truck rating signs. Will they issue citations for a food truck here that has not registered or fails? 8. The city must wait for ALL electric food trucks with no carb emissions to be manufactured, then spend time on other factors. 9. Maybe the city can announce we are a clean air city sanctuary; that only no carb, low carb food trucks may obtain a permit here. After all, city business licenses for brick and mortar have strict compliance rules & regulations. Hundreds of restaurant owners pay a high price to be in compliance. 10 This city has very narrow main streets, very narrow side streets. We are not designed nor set up for food trucks being on public streets. Customers must stop, park. Where? Then food trucks serve out of the side windows.. are you going to put customers in the street, in traffic to line up for their order, stand and wait for their order? What about tables, chairs on the public streets with no parklet to protect them from being hit by cars, delivery trucks? My points are vital. I think many of the city problems we witness are a result of what one may call 'willy-nilly' or knee jerk push before thinking ahead to what ifs or proper visualizing, looking at a proper checklist of what can happen. This is absolutely not a matter of a. issue 10/26/2023 Public Comment Item 3A business license b. distance from brick/mortar... there is so much more involved! The city has been sued many times for pushes that are wrong and for liabilities that should never have come about. This is a bad idea overall. This city needs to stand firm that it is not safe here and not a fit! In defense of the new state food truck I suggest the city stand ground and firm that food trucks do have opportunities here now. Couple of more points, should someone from out of the area question decisions to put off for now.. this city does have two or more opportunities to prove we align with west coast Long Beach referendum: we have Villagefest. an opportunity and Camelot Certified farmers market. I really do think COD campus is the place to test this kitchen food truck deal to perhaps grow. You cannot tax food to go, can you? Can the city of PS afford to hire new special staff to watch, regulate, Can PS police afford another compliance type new officer hire? How will this city afford new staff, pay 3-4 four new hires to oversee these pop up trucks? I think it is a losing proposition. Don't do it. I think you can simply say we are going to study and look at this idea for the COD culinary campus project. I can see this costing the city a lot of money..it's like the Jerry Brown, Newsom train to nowhere. We are not Hawaii, Hanauma Bay poi, rice, whole pig roast BBQ lunch wagon here. Look at recreation sites we have..the Indian Canyons, the tribe won't want or support it..too much trouble. Local night bars, Hunters, Tropical don't want it..they want to sell their cocktails bar bites. Small mom n pops will lose money and income with this. The food trucks cannot sell beer and wine, right? We are after all a very small town, many ideas like this generated out of Long Beach which is larger in space, population are not relevant here. Please do not add more headaches to the town. Let food trucks appear at Villagefest, Camelot on a two year trial basis but they MUST pay Villagefest space rental and comparable at Camelot Saturday farmers market. Thank you. Susan 760/567 8867 Susan Smith Cogliano Realtor, Broker G.R.I DRE#00575036 destoseaproperties@gmail.com Desert to Sea Properties Realtor since 1976 Palm Springs- Desert Resident 1959 On Mon, Oct 30, 2023 at 4:10 PM Susan <destoseaproperties@gmail.com> wrote: Thank you Mayor Grace. Yes the harsh toxic diesel carbs cause cancer in everyone, anyone young or old. I don't want to imagine a food truck parking at a City park for four hours at a time near ball field, children's jungle gym, joggers. Dog walkers, disabled in wheel chairs or picnic tables, park kids birthday events, yoga or fitness in park. And it is just so unnecssary. The DHS food truck is in parking lot area of a 7/11 where quick trip for beer. Cigarettes. It's not the same scenario whatsoever. Where are you going to say each one can park for four hours then must leave? I don't see any downtown commerce areas or business owners liking the diesel fumes. We are not ocean breeze, we are not tall Google type corporate office hi 10/26/2023 Public Comment Item 3A rise business spaces. I really honestly do not see food trucks fitting in here. And are handlers all TB tested? Another thing is we may be in WWlll sooner than later. Who can afford at $15- 20 lunch or linner food truck plate. It's not a fit here now. I think when is if the COD culinary school boots up, that certainly a variety of food trucks can be placed, spaced out around the land with power/solar. no diesel power used there. If I were Mayor or on council, I'd say we need to perform, perfect studies, back burner this one for two or more years. Let citizens know by then all electric will be improved, no emissions, carcinogenic carbons dirty air that harm. Bless you & yours Kind regards On Mon, Oct 30, 2023, 12:32 PM Grace Garner <Grace.Garner@palmspringsca.gov> wrote: Hi Susan, Thanks for sending this information. I want to be mindful of environmental concerns as we move forward. Best, Grace From: Susan <destoseaproperties@gmail.com> Sent: Friday, October 27, 2023 6:07 PM To: Lisa Middleton <Lisa.Middleton@palmspringsca.gov>; Grace Garner <Grace.Garner@palmspringsca.gov> Cc: Jeffrey Bernstein <Jeffrey.Bernstein@palmspringsca.gov>; Scott Stiles <Scott.Stiles@palmspringsca.gov>; Jeff Ballinger-C <Jeff.Ballinger- C@palmspringsca.gov> Subject: Food truck permits include many permits other than city of Palm Springs business permit...Public health, county, Item 5 ought not be excluded as deHarte asks because 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 Lisa Middleton, Jeffrey Bernstein & City staff. 10/26/2023 Public Comment Item 3A Food trucks need to be disallowed until they can be diesel fume carb free. Wait until all electric battery fuel source. We are are clean environment health resort. Palm Springs early development beginnings are as health resort to heal from TB, asthma, lung disease. Now then just because a coastal beach area representative stumped for food trucks at ocean where oxygen levels are 100% does not mean food trucks running dirty diesel carb fumes here in the desert is acceptable. Please table the notions of permitting food trucks here until the venders can show zero toxic carb, cancer causing toxins, emissions as health & safety issue under the newly passed measure. In the event a food truck operator contests or lodges claim then I think you can show good cause again. as health, safety, our history as health resort, healing air & waters resort respite. Sometimes it is necessary to just say no for good cause. I agree with the points made that we have worked hard in this city to maintain this area as such. Council member Middleton aptly stated points are valid. I appreciate her concerns for diesel engine & generator toxic carb fumes from several food trucks parked around downtown on side streets or city parks where we walk, families with children play ..will now breathe toxic poisonous cancer causing air by diesel fueled commercial engines, compressor, generators. THERE ARE MANY OTHER PERTINENT FACTORS TO JUST SAY NO: As you will read county, state, city regulations mandate four hour maximum per day, public health department permit, sanitary conditions. County, state, public health valid permits. EXCERPT: "Another cost for food truck operators is the annual facility cost. Again, in most states, this fee varies by county. In California, this fee can be as much as $1,000. " CERTIFIED FOOD TRUCK FOOD PROTECTION MANAGER: ". Some states, like California, and Florida , require a Certified Food Protection Manager to be involved in the operation of the business to make sure all good safety regulations are followed. Many cities have rules about both the hours of operation and length of operation, with four consecutive hours being a common limit for a food truck. Additionally, all states have requirements for food safety. These include designated hand washing stations, requiring food to be prepared in an inspected commercial kitchen, and not allowing food to be handled with bare hands." 10/26/2023 Public Comment Item 3A Here is full link: https://worldpopulationreview.com/state-rankings/food-truck-regulations-by-state CALIFORNIA DMV REGULATIONS, NEW ZERO EMISSIONS SHUT ENGINE DOWN AFTER 5 MINUTES IDLE: Heavy-Duty Vehicle Idling California limits the idling of new and in-use diesel trucks equipped with sleeper berths with the following regulations: New engine requirements · Be equipped with a nonprogrammable engine shutdown system that automatically shuts down the engine after it idles for 5 minutes, or · Meet a stringent-oxides-of-nitrogen idling emission standard. In-use truck requirements�Operators of trucks equipped with sleeper berths (either registered in California or out-of-state) must shut down their engines when idling for more than 5 minutes anywhere within California. California State carbs states cancer causing, fines food trucks: https://ww2.arb.ca.gov/news/businesses-fined-air-quality-violations RANDOM TRANSIENT FOOD TRUCK OPERATIONS DRUG DEALING, FENTANYL CRISIS; I have witnessed food truck operators who dealt drugs. The city does not need local teens buying fentanyl, other drugs, alcohol, cigarettes or the like. Having random food trucks running daily in & out of town being possibly run by temporary labor, those with past seedy questionable background, child molest history near city parks or selling alcohol or cigarettes to minors, or drugs of any kind incl cannabis because council opts to not set high standards or waives customary protective mandates here. Other risk of usual four 10/26/2023 Public Comment Item 3A hour window is food truck operators driving down the road switch out temporary staff or trucks with same staff, switched out trucks for 24/7 operations. We have one small downtown. It is overall best option to simply declare our city, downtiwn for health & Safety as a no commerce zone, no daily food trucks. Take away parklets too to clean up this city. In my opinion it is wrong to obstruct our streets & sidewalks with clutter, dirty air more transients who we have no idea of who they are, their backgrounds, history. At least with brick mortar, the restaurant owner is there or have full time managers on-site, know what is going on. Health department TB test is done & background checks are run. When all electric, clean air quality food trucks are designed, available, proven to be not toxic revisit. By the way what about DMV code that in California that states a vehicle may not sit, run engine parked for more than 5 minutes per green law regulations. The Long Beach food truck state regulations differ because as stated ocean front air 100% oxygen, you have ocean breeze. Not here in the desert eco system climate. Thank you. Sincerely, On Fri, Oct 27, 2023, 3:18 PM Lisa Middleton <Lisa.Middleton@palmspringsca.gov> wrote: Susan Thank you for your comments. The ordinance as now drafted is not an ordinance I can support. While I would welcome numerous changes that would slowly and in dedicated specific zones at designated times of operation allow for the modest introduction of food trucks into Palm Springs, it is not my expectation that Council will agree to significant limitations. Thank you, Lisa Middleton City of Palm Springs Council Member, District 5 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 PO BOX 2743 Palm Springs, CA 92263-2743 10/26/2023 Public Comment Item 3A Office: (760) 323-8200 Mobile: (760) 507-7851 Lisa.Middleton@palmspringsca.gov The Palm Springs 5th City Council District includes the following neighborhoods Historic Tennis Club, Parkview Mobile Estates, Warm Sands, Tahquitz River Estates, Deepwell Estates, Twin Palms, The Mesa, Canyon Palms, Canyon Estates, Canyon Corridor, Indian Canyons and Andreas Hills. This account is for official City of Palm Springs business only. Please direct all CalPERS related correspondence to my CalPERS email address: lisa.middleton@calpers.ca.gov Please do not send personal correspondence to my official accounts. From: Susan <destoseaproperties@gmail.com> Date: Thursday, October 26, 2023 at 7:33 PM To: Lisa Middleton <Lisa.Middleton@palmspringsca.gov>, Jeffrey Bernstein <Jeffrey.Bernstein@palmspringsca.gov> Subject: Fwd: Item 5 ought not be excluded as deHarte asks because NOTICE: This message originated outside of The City of Palm Springs -- DO NOTCLICK on links or open attachments unless you are sure the content is safe. ---------- Forwarded message --------- From: Susan <destoseaproperties@gmail.com> Date: Thu, Oct 26, 2023, 7:25 PM Subject: Item 5 ought not be excluded as deHarte asks because To: City Clerk <cityclerk@palmspringsca.gov>, <Grace.Garner@palmspringsca.gov>, <Jeff.ballinger-c@palmspringsca.gov>, <scott.stiles@palmspringsca.gov> Food trucks are sole proprieter, not comparable to brick mortar restaurant. We must not have food trucks serve teens if food truck owner has child molestation, public sexual predator/exposure or buying alcohol or cigarettes for underage or the like past record. Keep number five mandate in place or you open city to liability, worse yet attracting perps to be here for this. Thank you 10/26/2023 Public Comment Item 3A