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
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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
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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
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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
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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