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HomeMy WebLinkAbout02/02/2010, PRESENTATIONS - FARMERS MARKET CONSIDERATIONS & RECOOMENDATIONS [iCCUNCIL CDD DIR From: Arthur DeKleine[SMTP:ADEKLEIN@CALPOLY.EDUj LT"GAG'"/hce. G'FIN DIR Sent: Sunday, January 31, 2010 9:46:01 PM S 21AGAe*5r0 '",:;c­P,"FIRE CHIEF To: Council, SloCity ff`ATTORNEY 2-PW DIR Subject: Thursday Farmers' Market Considerations and Recommendations I ITCLERK/ORIo POLICE CHF ❑ DEPT HEADS C'�REC DIR Auto forwarded by a Rule ! I-y g - L'UTIL DIR, --- -- . B'HR DIR IV")-rgAe_5 i tc(A X* L To Members of the San Luis Obispo City Council, My name is Arthur DeKleine and I am a resident of San Luis Obispo,residing at 1022 San Adriano. I am concerned about the apparent"takeover"of the Thursday evening Farmers' Market in San Luis Obispo by the SLO Downtown Association from the San Luis Obispo County Farmers' Market Association (SLOFMA)with the approval of the San Luis Obispo County Agricultural Commissioner. Newspaper accounts and many conversations with SLOFMA participants indicate that they did not anticipate this abrupt termination of a 27-year relationship. I hope that this"takeover"was not anticipated by, or made in cooperation with the wishes and intent of, the San Luis Obispo City Council( I think that giving the sLO Downtown Association responsibility for maintaining a Certified Farmers' Market will change the character of the market in undesirable ways. It is my understanding that we now have two organizations with a Certified Farmers' Market, permit approved by the San Luis Obispo County Agricultural Commissioner to operate a Farmers' Market on Thursday nights in downtown San Luis Obispo,but one of them claims a contracted right to use the property and the other a long-standing historical agreement. I would like to see the sLO Downtown Association given responsibility for the Thursday evening non- farmers' market activities and the SLOFMA given responsibilities for the Thursday evening farmers'market activities. I hope that a contract can be negotiated with and between the three parties formalizing that division of responsibility. A written contract for use of the downtown property and for the responsible maintenance of a Certified Farmers' Market lies at the heart of this issue! In attachments to this letter I am RED FILE MEETING AGENDA 1) outlining my understanding of the dispute. pA -z f o ITEM 2) outlining the history and legal responsibilities for a Certified Farmers' Market, 3) making an argument forgiving SLOFMA the responsibility for maintaining a Certified Farmer's Market in San Luis Obispo on Thursday evenings. 4) proposing ways to address changes in the farmers'market that may be necessary from time to time. Thank you for considering my points of view. Sincerely, Herbert Arthur DeKleine Attachments: 1) My understanding of this dispute. I think that this dispute is an effort by the SLO Downtown Association to get more money from the farmers doing business in SLO. It may also involve an effort to control market activities. I would be surprised if the SLO Downtown Association has the collective understanding of the legal responsibilities of a Certified Farmers' Market-, a realistic understanding of interest of the farmers'perspective, or a good understanding of the community's desire to have fresh flowers, fruits, and vegetables froth local farmers. I also suspect that the surprisingly quick,un-negotiated break in a long-standing relationship (a contract if you will)between sLOFMA and the City of San Luis Obispo, and the transfer of authority from one Certified Farmers' Market to the other,had more to do with the idea that possession of authority and unwritten contractual agreements with the growers trump the fact that the SLO Downtown Association does not meet the legal requirements to operate a Certified Farmers' Market(See the attached CA Gov. documents) than it does over a disagreement with sLOFMA's operation of the market. 2) An outline of the history and legal responsibilities for a Certified Farmers' Market. A lot has been said and written about the value of fresh fruits and vegetables being sold in a community by local farms. I will not say a lot more about these issues,but refer the Council to a valuable web site from the UC Small Farm Program that addresses these issues: www.sfc.ucdavis.edu/farmers market/ During the 1970s and 1080s,the United States witnessed a nationwide resurgence of interest in local farmers' markets for many reasons outlined in the UC Davis reference. To help facilitate direct marketing by local farmers and minimize zoning conflicts, a set of laws were put in place to facilitate and regulate that interest by the public and by small local farmers. [ Other states, like Michigan, passed Right-to-farm laws whereby any small fanner(city resident, for example) can grow and sell (on the street curb, for example) without interference. ] I strongly encourage the SLO City Council and the City Attorney to review the following documents. The CA Code laws are summarized in the following document, Certified Farmers' Markets Guidelines: CALIFORNIA CONFERENCE OF DIRECTORS OF ENVIRONMENTAL HEALTH ENVIRONMENTAL HEALTH REQUIREMENTS FOR CERTIFIED FARMERS' MARKETS September, 1997 revised June, 1999 BACKGROUND This guideline for environmental health agency regulation of certified farmers' markets (CFMs) is the result of a cooperative effort between the CCDEH Bay Area Food Technical Advisory Committee, the California Department of Food and Agriculture, and directors of CFMs throughout California. The Food Technical Advisory Committee acknowledges the valuable contributions to this guideline from the Southern California, Central Valley, and Northern California Food Technical Advisory Committees,the California Conference of Directors of Environmental Health, and the California Department of Health Services. Local environmental health agencies are encouraged to adopt this guideline and reprint it along with information pertinent to their business procedures. Statewide uniformity of interpretation and enforcement will benefit both the regulatory and business communities. SCOPE Part 1 Laws and regulations governing certified farmers' markets—Part 1 brings together all the code sections which cover an environmental health agency's regulatory responsibility at a CFM. Environmental health agencies are not responsible for enforcing the Direct Marketing Regulations of the Food and Agriculture Code. References to CCR, Title 3, have been included to provide clarification. Part 2 Questions and answers regarding environmental health agency regulation of Certified Farmers' Markets -Part 2 is intended to promote uniformity of interpretation and enforcement throughout California. Part 3 Regulatory authority for agricultural products sold at Certified Farmers' Markets— Part 3 provides a guideline for determining the appropriate regulatory authority for the production of various foods sold at a CFM. PART 1 LAWS AND REGULATIONS GOVERNING CERTIFIED FARMERS' MARKETS The following laws are excerpted from the California Health and Safety Code, Chapter 4, California Uniform Retail Food Facilities Law (CURFFL). Section numbers are included in parentheses for reference at the end of each excerpt. Regulations from the California Department of Food and Agriculture are also included for reference. Section numbers Pagel designated "CCR"are excerpted from the California Code of Regulations (CCR), Title 3, Food and Agricultural Code, Article 6.5, Direct Marketing. DEFINITIONS 1. Agricultural products means certified and non-certifiable agricultural products, as defined by the California Department of Food and Agriculture. (113745; CCR1392.2 (k) ) 2. Approved means acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, current public health principles, practices, and generally recognized industry standards that protect public health. (113740 (a) ) 3. Approved source means a producer, manufacturer, distributor, or food establishment that is acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, with current public health principles and practices, and generally recognized industry standards that protect public health. (113740 (b) ) 4. Certified agricultural products means agricultural products, which are certified under the jurisdiction of the county agricultural commissioner relative to inspection and verification of compliance with the provisions.of the Direct Marketing regulations. They include fresh fruits, nuts, vegetables, shell eggs, honey, flowers, and nursery stock. (113745; CCR 1392.2 (1) ) 5. Certified Farmers' Market means a location certified by the County Agricultural Commissioner and operated as specified in Article 6.5 (commencing with Section 1392) . of Title 3 of the California Code of Regulations. (113745) 6. Community event means an event that is of a civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other similar events as determined by the local enforcement agency. Community event shall not include a swap meet, flea market, swap mall, seasonal sporting event, grand opening celebration, anniversary celebration, or similar functions. 7. Enforcement officer means the director, agents, or environmental health specialists appointed by the Director of Health Services, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees. (113765) 8. Food preparation means packaging, processing, assembling, portioning, or any operation which changes the form, flavor, or consistency of food, but does not include trimming of produce. (113790) 9. Non-certifiable agricultural products means all certified agricultural products that have been processed, those products other than certified agricultural products noted in (4) above from any tree, vine, or plant and their flowers (including processed products), any horticultural (including floricultural), viticultural (including wine), vermicultural or apiary products, poultry and poultry products, livestock (including rabbits) and livestock products, and fish and shellfish produced under controlled conditions in waters or ponds located in California. (113745; CCR 1392.2 (m) ) Page 2 10. Potentially hazardous food means food that is in a form capable of(1) supporting rapid and progressive growth of infectious or toxicogenic microorganisms that may cause food infections or food intoxications, or(2) supporting the growth or toxin production of Clostridium botulinum. "Potentially hazardous food" does not include foods that have a pH level of 4.6 or below, foods that have a water activity (Aw)value of 0.85 or less under standard conditions, food products in hermetically sealed containers processed to prevent spoilage, or food that has been shown by appropriate microbial challenge studies approved by the enforcement agency not to support the rapid and progressive growth of infectious or toxicogenic microorganisms that may cause food infections or food intoxications, or the growth and toxin production of Clostridium botulinum. (113845) 11. Produce means any fruit or vegetable in its raw or natural state. (113850 OPERATIONAL GUIDELINES 1. A certified farmers' market is a food facility, as defined by CURFFL, and shall not be open for business without a valid health permit. The health permit shall be posted in a conspicuous place at the CFM. (113785 (a) (3); 113920) 2. Only agricultural products may be sold or offered for sale at a CFM. (113745;CCR 1392.4 c ) 3. All food sold at a CFM shall be produced, packed, stored, transported, and kept for sale so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from approved sources; shall otherwise be fully fit for human consumption; and shall conform to the applicable provisions of the Sherman Food, Drug, and Cosmetic Law (Part 5 commencing with Section 109875). (113980) 4. All food shall be stored at least 6 inches off the floor or ground or under any other conditions which are approved. (114350 (a) ) 5. Food preparation is prohibited at certified farmers' markets with the exception of the food samples. Distribution of food samples is allowed provided that the following sanitary conditions exist: A. Samples shall be kept in approved, clean covered containers. B. The producer shall distribute all food samples in a sanitary manner. C. Clean, disposable plastic gloves shall be used when cutting food samples. D. Food intended for sampling shall be washed, or cleaned in another manner, of any soil or other material by potable water in order that it is wholesome and safe for consumption. E. Potable water shall be available for handwashing and sanitizing as approved by the local enforcement agency. F. Potentially hazardous food samples shall be maintained at or below 45 OF. All other food samples shall be disposed of within two hours after cutting. Page 3 G. Utensil and handwashing water shall be disposed of in a facility connected to the public sewer system or in a manner approved by the local enforcement agency. H. Utensils and cutting surfaces shall be smooth, non-absorbent, and easily cleaned or disposed of as approved by the local environmental health agency. (114350 (b) ) 6. Processed foods must be produced and stored in an approved facility and properly packaged and labeled. (113980) (14015 (a) (2) ) 7. Dispensing methods for bulk sales of ready-to-eat, non-certifiable agricultural products, such as dried fruit and shelled nuts, shall be approved by the local enforcement agency. (113980) 8. Approved toilet and handwashing facilities shall be available within 200 feet of the premises of the CFM, or as approved by the enforcement officer. (114350 (c) ) 9. No live animals, birds, or fowl are kept or allowed within 20 feet of any area where food is stored or held for sale. This subdivision does not apply to guide dogs, signal dogs, or service dogs when used within the meaning specified by Section 54.1 of the Civil Code. (114350 (d) ). 10. All garbage and rubbish shall be stored, and disposed of, in a manner approved by the enforcement officer. (114350 (e) ) 11. Potentially hazardous food shall be stored and displayed at or below 45°F. at all times. (113995(b)section 11060 (Sherman Law) 12. All products sold as organic must be grown, produced, processed and labeled in accordance with the Health and Safety Code beginning with Section 110810 (California Organic Foods Act of 1990.)This act is a portion of the California Sherman Food, Drug, and Cosmetic Law, which is contained in the Health and Safety Code. (113980) 13. Uninspected, processed red meat, poultry, fowl, or rabbits may not be sold. (113980) 14. Raw shell eggs may be stored and displayed without refrigeration if all of the following conditions are met: A. The eggs were produced by poultry owned by the seller and collected on the seller's property. B. The eggs are not placed in direct sunlight during storage or display. C. Retail egg containers are prominently labeled "REFRIGERATE AFTER PURCHASE" or the seller posts a conspicuous sign advising consumers that the eggs are to be refrigerated as soon as practical after purchase. D. Retail egg containers are conspicuously identified as to the date of the pack. E. The eggs have been cleaned and sanitized. F. The eggs are not checked, cracked, or broken. G. Any eggs that are stored and displayed at temperatures of 90 degrees Fahrenheit or Page 4 below and that are unsold after four days from the date of pack shall be stored and displayed at an ambient temperature of 7 degrees Celsius (45 degrees Fahrenheit) or below, diverted to pasteurization, or destroyed in a manner approved by the enforcement agency. H. Any eggs that are stored and displayed at temperatures above 90 degrees Fahrenheit that are unsold after four days from the date of pack shall be diverted to pasteurization or destroyed in a manner approved by the enforcement agency. 15. Vendors selling non-agricultural food products are required to have a valid permit from the local environmental health agency and are not considered part of the CFM. (113920) Note#1' Nonagricultual products are food items other than certified agricultural products or noncertifiable agricultural products, such as bakery products. Note#2:"Vendors" refers to"Mobile Food Facilities" and not to "Temporary 16. Notwithstanding Article 11 (commencing with Section 114250), vendors selling food adjacent to and under the jurisdiction and management of a certified farmers' market may store, display, and sell from a table or display fixture apart from the vehicle, in a manner approved by the local environmental health agency. (114350 (f)) Note:"Vehicle" refers to "Mobile Food Facility". 17. Notwithstanding Section 113895, temporary food facilities may be operated as a separate event adjacent to, and in conjunction with, certified farmers' markets that are operated as a community event by a nonprofit organization or a local government agency. The organization in control of the event at which one or more temporary food facilities operate shall comply with Section 114314. (114350 (g)) PART 2 QUESTIONS AND ANSWERS REGARDING HEALTH DEPARTMENT REGULATION OF CERTIFIED FARMERS' MARKETS 1. Who is responsible for regulating Certified Farmers' Markets? Local environmental health agencies are responsible for regulating CFMs as defined in the California Uniform Retail Food Facilities Law, Section 113745. Health requirements for CFMs are contained in CURFFL,Article 15. County Agricultural Commissioners are responsible for enforcing the California Code of Regulations, Title 3, Article 6.5, Direct Marketing Regulations. 2. Does a CFM need a health permit? Yes. CFMs are defined in CURFFL as a food facility and therefore are required to have a valid health permit, including those CFMs where only certified agricultural products are sold. Fees for the permit and related services shall be determined by the local environmental health agency. Fees shall be sufficient to cover the actual expenses of administering and enforcing this program. Page 5 r 3. Do I need a separate sponsor permit to have temporary food facilities adjacent to my CFM? Yes. CURFFL requires temporary food facilities to be organized and controlled by a sponsor and also requires a separate health permit for the sponsor. 4. Is a permit required for each producer selling agricultural products? No. Since a CFM is defined in CURFFL as a food facility, all agricultural products (certified and non-certifiable)sold at a CFM are part of that facility and covered under the health permit for the CFM. Prior to the July 1991 change in the Direct Marketing Regulations, vendors selling processed food were required to have individual health permits. Now, products meeting the definition of noncertifiable agricultural products have been added to those foods which can be sold at a CFM. However, noncertifiable agricultural products must still be produced under inspection by the appropriate regulatory authority. Proof of an approved source for each food product is also still required. The CFM manager should maintain a copy of each vendor's documentation, at the CFM location, for review by the enforcement officer. Since one health permit will cover all vendors that are part of the CFM, the CFM permit holder is responsible for ensuring that each vendor complies with all applicable health codes. Noncompliance by a single vendor may be cause for suspension or revocation of the permit. Vendors selling food other than agricultural products, such as bread, are not considered part of the CFM. Each vendor selling nonagricultural food products must have their own health permit. 5. What is a "noncertifiable agricultural product" and what are some of these products that may be found in a CFM? These products are part of the definition of agricultural products, but are not certified by the agricultural commissioner. Products that are considered noncertifiable include processed products from certified agricultural products such as fruit and vegetable juices, shelled nuts,jams and jellies, and wine. Other examples include catfish, trout, and oysters from controlled aquaculture operations, livestock and livestock products, and poultry and poultry products. Though these products are not"certified,"they must have been produced or derived from plants or animals raised or produced by the producer. These noncertifiable processed agricultural products may include, or have added to them, a limited number of ingredients or additives which act only as preservatives or are essential in the preparation of the product. Examples include pickles and cucumbers in a brine or vinegar solution for curing or pickling, natural smoking of meat or poultry for drying and preserving, flavorings such as smokehouse, hickory, orjalapeno added to shelled nuts which do not.change the visual identity of the product, sulfites added to dried fruits and vegetables, and sugar, fruit juices, and pectin added to fruits to make jams and jellies. Noncertifiable agricultural food products must be from an "approved source." Page 6 6. What is considered an "approved source?" Facilities that possess a valid Certified Producer Certificate by the seller are considered an approved source for certified agricultural products. For non-certifiable agricultural food products, the processing and storage location must be under regulation by an authority acceptable to the State Department of Health Services or local environmental health agency. Examples of approved sources include facilities that possess: • A Food Registration from the State Food and Drug branch. • A local environmental health agency permit from the jurisdiction where production takes place. • A federal inspection certificate. See Part 3: "REGULATORY AUTHORITY FOR AGRICULTURAL PRODUCTS SOLD 7. Can nonagricultural products be sold at a CFM? No. Only certified and noncertifiable agricultural products may be sold in the "designated area" of the CFM. The exclusion of nonagricultural products is intended to maintain the intent and integrity of a CFM, which is the direct sale of products produced solely by the producer. Enforcement of the separation rule is the responsibility of the local agricultural commissioner. However, nonagricultural products may be sold adjacent to a CFM. Not withstanding Article 11 (commencing with Section 114250), operators of mobile food facilities selling food adjacent to and under the jurisdiction and management of a certified farmers' market. may store, display, and sell from a table or display fixture apart from the vehicle, in a manner approved by the local enforcement agency, consistent with Article 11 of CURFFL. 8. What does "vendors selling food adjacent to and under the jurisdiction and management of a certified farmers' market" mean? This phrase means vendors who are selling nonagricultural products on property controlled by the CFM manager and who contract with the CFM manager for a sales space.Vendors who meet these requirements may store, display, and sell from a table or display fixture apart from the vehicle, in a manner approved by the local enforcement agency, consistent with CURFFL, Article 11. 9. Can Mobile Food Facility(MFF)foods be sold from a table? Tables or other approved display fixtures that are apart from the vehicle may be used only for storage, display, and sale of food. Approval of the local jurisdiction must be obtained prior to selling any foods from a table. 10. What are acceptable ways of displaying agricultural products at a CFM? In most cases, certified and noncertifiable agricultural products are displayed on tables. Section 114350 requires that food shall be stored at least 6 inches off the floor or ground or under any other conditions which are approved. Bulk ready-to-eat foods, such as shelled nuts and dried fruit, shall be protected from Page 7 contamination. Acceptable methods include prepackaging food at an approved facility, or displaying food in approved containers with lids. Dispensing methods shall avoid direct hand contact with ready-to-eat food, and be approved by the local environmental health agency. 11. What are acceptable ways of selling "salad mixes?" Certain types of lettuce are harvested as single leaves and can be combined to create a "salad mix." However, any processing of produce beyond trimming, such as chopping or shredding, or selling a salad mix as "washed, ready-to-eat,"would be considered food preparation and subject to CURFFL requirements for processed food. 12. Is sampling permitted at a CFM? Yes. Preparation and distribution of food samples from agricultural products is allowed provided that the following sanitary conditions exist: A. Samples shall be kept in approved, clean covered containers. B. All food samples shall be distributed by the producer in a sanitary manner. C. Clean, disposable plastic gloves shall be used when cutting food samples. D. Food intended for sampling shall be washed, or cleaned in another manner, of any soil or other material by potable water in order that it is wholesome and safe for consumption. E. Potable water shall be available for handwashing and sanitizing as approved by the local enforcement agency. F. Potentially hazardous food samples shall be maintained at or below 45°F.All other food samples shall be disposed of within two hours after cutting. G. Utensil and handwashing water shall be disposed of in a facility connected to the public sewer system or in a manner approved by the local environmental health agency.. H. Utensils and cutting surfaces shall be smooth, nonabsorbent, and easily cleaned or disposed of as approved by the local environmental health agency. 13. Are hot samples of potentially hazardous food permitted at a CFM? No. Section 114350 (b) (6) states that potentially hazardous food samples shall be maintained at or below 45° F. 14. Is sampling permitted by vendors operating adjacent to a CFM? Vendors operating mobile food facilities or mobile food preparation units may provide samples if they are in compliance with CURFFL Articles 11 or 12. These requirements may be more restrictive than the sampling requirements for vendors of agricultural products at the CFM. Page 8 I 15. Can uninspected, processed poultry be sold at a CFM? No. The Department of Food and Agriculture exemption from State law that requires inspection and licensing of poultry slaughter plants does not apply to sales at retail food facilities. Since the CFM is a retail food facility and the Direct Marketing Regulations require compliance with CURFFL, uninspected poultry and rabbits would not be from an approved source. Therefore they could not be sold at a CFM. Producers raising poultry for sale at a CFM should request inspection and licensing from the California Department of Food and Agriculture, Meat and Poultry Inspection Branch, or have their poultry processed at a licensed facility. 16. Can uninspected red meat be sold at a CFM? No. All red meat must be from an approved source. A"custom cut"operation under inspection by the State Department of Food and Agriculture is not an approved source for retail sales of red meat. The United States Department of Agriculture is the recognized regulatory authority for inspection of cattle, calf, sheep, swine and goat processing plants. 17. Can food facilities such as restaurants purchase agricultural products ata CFM? Yes. However, fresh fruits, nuts, and vegetables may only be sold to " when complying with all applicable regulations, including standard pack, standard containers, and labeling requirements. The local agricultural commissioner enforces these requirements. 18. Can potentially hazardous foods be sold at a CFM? Yes. Potentially hazardous foods, including but not limited to, raw shell eggs (see item #14 under"Operational Guidelines"), pasteurized milk products, live molluscan shellfish, and potentially hazardous food samples, must.be stored and displayed at or below 45°F at all times. Although CURFFL currently only requires that CFMs meet the provisions of Articles 6 and 15 of CURFFL, the Direct Marketing Regulations require that CFMs shall also comply with the applicable requirements of Article 7. Since there is generally only short-term holding of potentially hazardous foods at CFMs, the 45°F requirement rather than 41°F is appropriate for periods not exceeding 12 hours in any 24 hour period, except that 45°F is appropriate for those foods noted above. Ice chests may be used for refrigeration purposes with the approval of the local enforcing agency only if the potentially hazardous foods contained therein can be held at the required temperatures. 19. What type of seafood can be sold at a CFM? Only fish and shellfish produced under controlled conditions in waters or ponds located in California may be sold at a CFM. The agricultural commissioner enforces this requirement. Seafood, including live molluscan shellfish, is considered a potentially hazardous food and must be held at or below 45°F. No cutting or filleting is allowed at a CFM. 20. What is required on a label for packaged food? Page 9 Labeling of packaged foods must include: name and address of the manufacturer, producer, or distributor; accurate statement of quantity of the contents in terms of weight, measure or numerical count; name of product; ingredients, if two or more ingredients are present, listed by order of their predominance by weight, e.g. peanuts, salt. For the complete list of requirements for food labels, contact the Food and Drug Branch, California Department of Health Services. 21. Can a temporary food facility operate at a CFM? No. But a temporary food facility may legally operate as a part of a community event adjacent to and in conjunction with a CFM if: A. Each temporary food facility has a separated health permit, and B. The CFM organizer obtains a sponsor health permit for the community event if there is no other permitted person or organization that is in control of the community event, and C. The temporary food facilities comply with all applicable requirements of Articles 13 and 13.5 PART 3 REGULATORY AUTHORITY FOR AGRICULTURAL PRODUCTS SOLD AT CERTIFIED FARMERS' MARKETS The California Uniform Retail Food Facilities Law requires that all food at a certified farmers' market be obtained from approved sources. The following agencies regulate the growing or processing of the indicated food products.Acceptance of an approved source is up to the local environmental health agency. 1. County Agricultural Commissioner 2. California Department of Health Services, Food and Drug Branch 3. California Department of Fish and Game 4. California Department of Food and Agriculture, Meat and Poultry Inspection Branch 5. California Department of Food and Agriculture, Bureau of Milk and Dairy Foods Control 6. United States Department of Agriculture, Food Safety and Inspection Service 7. Local Environmental Health Agency PRODUCT REGULATORY AUTHORITY FRUITS AND VEGETABLES: fresh, whole 1 processed 2 or 7* Page 10 NUTS: fresh, whole 1 processed 2 or 7* SPROUTS 1 SHELL EGGS 1 HONEY 1 JUICES 2 OR 7* JAMS AND PRESERVES 2 OR 7* LOW ACID CANNED FOODS 2 POULTRY: live none Processed 4** or 6 FISH AND SHELLFISH 2 & 3 RED MEAT: fresh 6 Processed (cured, smoked) 6 &4 DAIRY PRODUCTS 5 *In most cases, the Food and Drug Branch regulates wholesale operations..Food Processors who sell only at retail are usually regulated by the local environmental health agency. **The exemption from CA Dept. of Food and Agriculture (CDFA) inspection of poultry does not apply when sales occur at CFMs. Inspection must be requested from CDFA. Page 11 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE ARTICLE 6.5 DIRECT MARKETING (Notice published June 15, 2007) NOTICE OF PROPOSED RULEMAKING NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture (Department) proposes to amend, Title 3, Article 6.5 of the California Code of Regulations (CCR) Sections 1392, 1392.2(a), 1392.2(b), 1392.4(d), 1392.6(b), and 1392.6 (f). The Department also proposes to add the following subsections: 1392.2(u), (v), (w), (x), (y); 1392.4(k); 1392.6(f)(1), (2); 1392.9(e); and 1392.11(e). The Department has not scheduled a public hearing on this proposed action. However; the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comment relevant to the proposed regulatory action to the Department. The written comment period closes at 5:00 p.m. on July 30, 2007. The Department will consider only comments received at.the Department offices by that time. Submit comments to: Rick S. Jensen, Chief Inspection and Compliance Branch California Department of Food and Agriculture 1220 N Street Sacramento, CA 95814 AUTHORITY AND REFERENCE Notice is hereby given that the Department of Food and Agriculture, pursuant to the authority vested by Sections 401, 407, 42681, 42682, 42684, 47000, 47001, 47002, 47003, 47004, 47020 and 47022 of the Food and Agricultural Code, and to implement, interpret, or make specific Sections 821, 42681, 47000, 47002, 47003, 47004, and 47004.1 of the Food and Agricultural Code, proposes to amend regulations in Title 3 of the California Code of Regulations. INFORMATIVE DIGESTIPOLICY STATEMENT OVERVIEW Section 1392 of the California Code of Regulations (CCR) expresses the intent of Article 6.5 Direct Marketing regulations. The specific purpose of amending Section 1392 is to further clarify the intent of the article. 1 Section 1392.2 (a) of the CCR further defines the term "Certified Farmers' Market". It states who may operate a farmers' market. Amending this section adds the word "only" which clarifies that the options listed are not examples, but the specific entities that may operate the market. Section 1392.2 (b) of the CCR defines and specifies conditions for valid Certified Farmers' Market certificates. The amendment makes clear that the operator is liable and responsible for the market operation and regulatory compliance as a condition of being issued a certificate. Existing Section 1392.2, of the CCR establishes definitions governing the construction of the language in this article. The specific purpose of amending CCR, Section 1392.2 (u), (v), (w), (x) and (y) is to add definitions of processed agricultural products, and the preservatives, seasonings, flavorings, and food coloring allowed in those products. These definitions will make clarifications to enhance the uniformity of products sold at the markets. Existing Section 1392.4 of the California Code of Regulations establishes conditions of direct marketing. The specific purpose of amending Section 1392.4 (d) is to add the word "valid" to the requirement that the embossed certificate be present during transportation and at point of sale.. This will ensure expired certificates cannot be used to comply with this section. The specific purpose of amending Section 1392.4 (k) is to require the seller of processed products to document compliance with production requirements referenced in section 1392.2 (k) and to have that documentation available at the point of sale. It would restrict the quantities of the processed products to be less than the amount of fresh commodities listed on the certificate. It would require that the included ingredients not of their own production (other than sugar and water) must be the last ingredients listed on the label required by the Food and Drug Administration. CCR Section 1392.6 lists the certification requirements of a certified farmers' market. The specific purpose of amending CCR, Section 1392.6 (b) is to require that a map identifying the non-certified and/or non-agricultural product areas of the certified farmers' market be included in the operator application. Amending CCR, Section 1392.6 (f) requires that the certified farmers' market rules and regulations include a provision regarding due process. Section 1392.9 lists the compliance requirements for the certified farmers' market operator. Amending Section 1392.9 (b) (1) of the CCR is to require the operator of certified farmers markets to keep records of processed products as they currently do for fresh products. Creating CCR 1392.9 (g) will stipulate that the market operator shall provide due process to market participants prior to the imposition of a fine, and further outlines the due process requirements. 2 i The specific purpose of adding Section 1392.11 (e) to the CCR is to include denial of due process as a reason to appeal to the Director for a hearing. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Other nondiscretionary cost or saving imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. Cost impacts on a representative private person or business: The Department is not aware of any significant cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action: Adoption of these regulations will not: 1. Create or eliminate jobs within California; 2. Create new businesses or eliminate existing businesses within California; or 3. Affect the expansion of businesses currently doing business within California. Significant effect on housing costs: None. EFFECT ON SMALL BUSINESS The Department has initially determined that the proposed changes to the regulations would result in no added costs to small businesses affected by these proposed changes. The proposed changes allow the certified producers increased flexibility in marketing their commodities and will increase the variety of products offered for sale at certified farmers markets. CONSIDERATION OF ALTERNATIVES The Department has initially determined that no reasonable alternative considered by the Department, or that has otherwise been identified and brought to the attention of the Department, would be more effective in carrying out the purpose for which these 3 regulations are proposed, or would be as effective and less burdensome to affected private persons than the proposed regulations. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Rick S. Jensen, Chief Inspection and Compliance Branch California Department of Food and Agriculture 1220 N Street, Sacramento, CA 95814 Telephone: (916) 445-2180; Fax: (916) 445-2427 The backup contact person for these inquiries is: Susan Shelton, Staff Services Analyst Inspection and Compliance Branch California Department of Food and Agriculture 1220 N Street, Sacramento, CA 95814 Telephone: (916) 445-2180; Fax: (916) 445-2427 Please direct requests for copies of the proposed text of the regulations, the initial statement of reason, the modified text of the regulation, if any, or other information upon which the rulemaking is based to Ms. Shelton at the above address. AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the rulemaking file available for inspection and copying throughout the rulemaking process at its office at 560 J Street, Sacramento, CA 95814. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons, and minutes to various Certified Farmers' Market Advisory Committee meetings. Copies may be obtained by contacting Susan Shelton at the address or phone number listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this notice. If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Susan Shelton at the address indicated above. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. 4 AVAILABILITY OF FINAL.STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Ms. Shelton at the above address. AVAILABILTY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed through our website at: www.cdfa.ca.-gov/is/regulation.htm DEPARTMENT OF FOOD AND AGRICULTURE Date Valerie Brown, Deputy Secretary 5 1 DEPARTMENT OF FOOD AND AGRICULTURE PROPOSED CHANGES IN THE REGULATIONS Title 3. California Code of Regulations Article 6.5 Direct Marketing Amend Section 1392 to read: Section 1392. Intent. It is the intent of this article to encourage a productive and profitable agriculture in California, as directed by state agricultural policy (California Food and Agriculture Code, Division 1, Chapter 6, Article 2, Section 821), by facilitating the sale of agricultural products from producers and certified producers within the state directly to consumers while maintaining sufficient regulatory control to ensure that the agricultural products are of acceptable quality and that the selling activities are conducted honestly and fairly. Note: Authority cited: Sections 14, 407, 42682, 42684, 58101, 58101.5, 58102, 58103 and 58104, Food and Agricultural Code. Reference: Sections 821 42941, 58101, 58101.5, 58102, 58103, and 58104, Food and Agricultural Code. Amend Section 1392.2 to read: Section 1392.2. Definitions. Unless the context otherwise requires, the following definitions govern the construction of the language in this article. (a) Certified Farmers' Market. A location approved by the county agricultural commissioner of that county where agricultural products are sold by producers or certified producers directly to consumers. A certified farmers market may only be operated by one or more certified producers, by a nonprofit organization, or by a local government agency. (b) Certified Farmers' Market Certificate. A certificate issued by the county agricultural commissioner authorizing the location where agricultural products are sold by the producers directly to consumers. The certificate is valid only when bearing the original signatures of the county agricultural commissioner and the authorized representative of the certified farmers' market. Upon receipt of a certified farmers' market certificate, an operator shall assume and retain responsibility for all aspects of the operation of a certified farmers' market at the location specified, including, but not limited to, legal, financial and regulatory compliance requirements. (u) Processed Agricultural Products. Processed agricultural products shall be 6 defined as agricultural products that have been altered or prepared by such means as, but not limited to, slicing,.*uicing. drying, shelling, smoking, freezing or cooking, provided, however, that the seller has produced all of the ingredients contained in the final product. The only exceptions to this production requirement shall be the inclusion of food coloring, pectin, rennin/rennet or ingredients used as preservatives, seasonings, and flavorings. (v) Preservative. An additive, substance or ingredient(s) added to agricultural products to prevent decomposition due to chemical change or microbial action and/or to protect against decay, discoloration or spoilage. Preservatives include..but are not limited to: sulfites added to dried fruits, dried vegetables or wine: sugar added in the making of*ams, jellies and preserves: salt or salt brine solution for curing olives: or vinegar for pickling of products such.as, but not limited to, beans, asparagus and cucumbers. (w) Seasoning. -Seasoning shall be defined as salt or spice used in food preparation. (1) Spice. Spice shall be defined as any of various aromatic plant products used in food preparation. Spices.include-but are not limited to: chili powder, whole or ground black pepper, ginger, garlic, onion, *alapeno, cinnamon and nutmeg. (x) Flavoring. A substance, additive or ingredient, which may itself include seasonings or Preservatives,that imparts flavor to a food without changing the consistency of or rendering unidentifiable the original product._Flavorings include, but are not limited to:.liquid, powder or natural smoke, hickory, vanilla extract, nut.oil, and soy sauce. (v) Food Coloring. For the purposes of this regulation, food coloring shall be defined as a dye or pigment that is.added to a.product to impartcolor. Note: Authority cited: Sections 407, 42681, 42684, 47000, 47001, 47002, 47003 and 47004, Food and Agricultural Code. Reference: Sections 42941, 47000, 47001 and 47003, Food and Agricultural Code. Amend Section 1392.4 to read: Section 1392.4. Conditions of Direct Marketing. (d) The certified producer's valid embossed photocopy certificate shall accompany the certified agricultural products during transportation and shall be conspicuously posted at the point of sale. (k)A seller of processed agricultural products shall document compliance with the production requirements referenced_in Section 1392.2(k) with documents such as but not limited to a health department certificate for the processing facility, written aoreement or bill for rent from a certified kitchen, or a written agreement or bill for work accomplished from a.person or entity that.processed the product. He or she shall have a copy of the documentation in his or her possession at the point of sale, and shall make_this documentation available upon request of an enforcing officer. The quantities 7 of certifiable agricultural product processed and sold shall not exceed the quantities listed on the seller's Certified Producer's Certificate. Additionally, the included ingredients not of own production, as defined in section 1392.2, other than sugar and water, must be the last items on the FDA legal label (i.e. where the ingredients are listed in descending order of quantity.) Note: Authority cited: Sections 407, 42682, 47000, 47001, 47002, 47003, 47004 and 47005, Food and Agricultural Code. Reference: Sections 47000, 47002, 47003, 47004, 47005 and 47022, Food and Agricultural Code. Amend Section 1392.6 to read: Section 1392.6. Certification Requirements of a Certified Farmers' Market. (b) Application shall be made by the proposed operator(s) of a certified farmers' market and shall include 1) a map that clearly locates and identifies the boundaries of the certified, non-certified and/or non-agricultural product areas of the market, and 2) a signed agreement by the operator(s) to comply with the terms of this article. The application and certificate shall be on a form authorized by the director. (f) The certified farmers' market's rules and regulations shall contain_ a A clause, which states that the governing body and its designated agents shall implement and enforce all rules and regulations pertaining to the operation of a certified farmers' market in a fair and equitable manner. u A provision that sets forth the due process and appeal rights set forth in these regulations that a market particibant shall receive prior to the imposition of a fine, suspension or expulsion from a certified farmers' market. Note: Authority cited: Sections 14, 407, 42681, 42682, 42684, 47000, 470021 aed 47003, and 47004. Food and Agricultural Code. Reference: Section 42941, Food and Agricultural Code. Amend Section 1392.9 to read: Section 1392.9 Direct Marketing, Compliance Requirements for the Operator of a Certified Farmers' Market. (b) (1) The product list shall state the name of the certified producer, the identity of each product sold as it appears on the certified producer's certificate, and the quantity of each product sold at the market including all processed agricultural products. s (e) The operator of a certified farmers' market shall provide reasonable due process to certified farmers' market participant prior to an imposition of a fine, suspension or expulsion from a certified farmers' market. A market participant shall receive a written Notice of Intent to Take an Action if the action.includes a fine, suspension or expulsion from the market. The Notice shall state the specific reasons for the proposed action. The Notice.shall be delivered in person or mailed to the market participant prior to an imposition of a fine, suspension or expulsion from the market unless an immediate suspension is necessary to protect the public health, safety or welfare. The Notice shall advise the participant that he or she has fifteen calendar days to submit a written appeal of the proposed action. If an appeal is submitted in a timely manner, the governing board or its designee shall arrange a date and time for the appellant to appear before the governing board or its designee for an administrative hearing. The administrative hearing shall provide the participant with an opportunity to present evidence and argument regarding the reasons stated in the proposed action and the appropriateness of the proposed action. The administrative hearing shall result in a written decision upholding, reversing or modifying the proposed action. The decision shall be issued within fifteen calendar days of the conclusion of the hearing. Note: Authority cited: Sections 407, 47000, 47002, 47003, 47004 and 47005, Food and Agricultural Code. Reference: Sections 47000, 47002, 47003, 47004, 47005 and 47022, Food and Agricultural Code. Amend Section 1392.11 to read: Section 1392.11 Appeals. (e) Denial of due process in the manner required by these regulations. Note: Authority cited: Sections 14, 407, 42681, 42682, 42684, 47004.1. 58101.5 and 58104, Food and Agricultural Code. Reference:Sections 42941, 58101, 58101.5, 58102, 58103 and 58104, Food and Agricultural Code. 9 CALIFORNIA CODE OF REGULATIONS TITLE III,DMSION 3, CHAPTER 1, SUBCHAPTER 4, ARTICLE 6.5,DIRECT MARKETING §1392. Intent. The intent of this article is to facilitate the sale of agricultural products from producers and certified producers within the state directly to consumers while maintaining sufficient regulatory control to ensure that the agricultural products are of acceptable quality and that the selling activities are conducted honestly and fairly. §1392.1.Direct Marketing Authorized. (a)Notwithstanding other provisions of this Group,this article authorizes producers or certified producers of certified or noncertifiable agricultural products to sell their products, as defined in this article, directly to consumers, subject to the provisions of this article. (b)A certified producer may sell agricultural products, which he/she has produced, at a certified farmers'market. (c)A producer may only sell noncertifiable agricultural products which he/she has produced, at a certified farmers'market, or agricultural products which he/she has produced, at or near the point of production. (d) Fresh fruits, nuts, and vegetables may be sold directly to consumers exempt from size, standard pack, container, and labeling requirements only by: (1)The certified producer of the agricultural products at a stand at a certified farmers' market; or (2)The producer of the agricultural products at a retail stand located at or near the point of production. (e)All fresh fruits, nuts, and vegetables sold pursuant to this article shall comply with the regulations of the California Code of Regulations, title 3, subchapter 4, beginning with section 1359, governing maturity and quality. (f) Excluding fresh fruits, nuts, and vegetables, agricultural products, as defined in this article, which are sold or offered for sale at a certified farmers'market or at or near the point of production, must comply with all applicable laws and regulations pertaining to quality and labeling. (g)This article does not supersede the provisions of federal marketing orders, state marketing orders, state laws and regulations enforced by any state agency, or any other local health and safety laws, regulations, or ordinances. §1392.2. Definitions. Unless the context otherwise requires, the following definitions govern the construction of the language in this article. (a) Certified Farmers'Market. A location approved by the county agricultural commissioner of that county where agricultural products are sold by producers or certified producers directly to consumers. A certified farmers'market may be operated by one or more certified producers,by a nonprofit organization, or by a local government agency. (b) Certified Farmers'Market Certificate. A certificate issued by the county agricultural commissioner authorizing the location where agricultural products are sold by the producers directly to consumers. The certificate is valid only when bearing the original signatures of the county agricultural commissioner and the authorized representative of the certified farmers' market. (c) Land Which the Producer or Certified Producer Controls. Land that the producer or certified producer farms and owns, rents, leases, or sharecrops. (d).Producer. A person or separate entity that produces agricultural products by practice of the agricultural arts upon land which the person or separate entity controls. Producer may be, for the purposes of this article, a person,partnership, corporation or any other entity. (e) Certified Producer. A producer authorized by the county agricultural commissioner to sell certified agricultural products, produced by practice of the agricultural arts upon land which the certified producer controls, directly to consumers at a certified farmers' market. (f)Certified Producer's Certificate. A certificate issued by the county agricultural commissioner in the county of production authorizing the transportation and sale of certified agricultural products pursuant to this article. (g) Consumer. A person who purchases and receives agricultural products at or near the point of production or at a certified farmers'market. It excludes a person who purchases fresh fruits,nuts, and vegetables for commercial resale unless such products comply with all applicable size, standard pack, containers, and labeling requirements. (h) Direct Marketing. The sale: (1)At a certified farmers'market of agricultural products by a certified producer to a consumer; or (2)At a certified farmers'market of noncertifiable agricultural products by a producer to a consumer; or (3)At or near the point of production of agricultural products by a producer to a consumer. (i) Immediate Family. Parents, children, grandparents, or grandchildren of the certified producer or a family member regularly residing in the certified producer's household. 0) Employee. Any person employed by a certified producer at a regular salary or wage, on either a full or part time basis. It does not include any person who is reselling or whose compensation is primarily based on a commission of sales. Notwithstanding the above, an employee of an agricultural cooperative organized under the laws of California may sell the agricultural products of one of its members in accordance with the provisions of this article. (k) Agricultural Products. Agricultural products include all certified and noncertifiable agricultural products as defined in section 1392.2(1) and section 1392.2(m). (1) Certified Agricultural Products. Agricultural products, which are certified under the jurisdiction of the county agricultural commissioner relative to inspection and verification of compliance with the provisions of this article, include fresh fruits,nuts,vegetables, shell eggs, honey, flowers, and nursery stock. (m)Noncertifuable Agricultural Products. Noncertifiable agricultural products include all certified agricultural products that have been processed, those products other than certified agricultural products noted in(1) above from any tree,vine or plant and their flowers (including processed products), livestock(including rabbits)and livestock products, and fish and shellfish produced under controlled conditions in waters or ponds located in California. (n)Nonprofit Organization. An organization which qualifies for nonprofit status for California income tax purposes. (o) Market Manager. A person or persons empowered to implement the rules, regulations,policies, and directives of the governing body of a certified farmers'market. (p)Market Rules. A set of written rules or regulations approved by each certified farmers'market. The rules and regulations may be more stringent than established state regulations,provided they do not violate or conflict with any state law or regulation governing their activities. (q)Notice and Hearing Process. A process initiated at the discretion of a county agricultural commissioner after alleged violation(s) of the provisions of this article has occurred. (r) Agricultural Production and Practice of the Agricultural Arts. To be involved in and make decisions regarding all phases of producing an agricultural product, which includes, but is not limited to, planting, growing, fertilizing, irrigating, cultivating, pest control, and harvesting. (s) Partnership. A partnership is a separate entity distinct from its individual members. As a separate entity, a partnership must obtain a certified producer's certificate to market, directly to consumers, its agricultural products, which shall be produced by practice of the agricultural arts upon land that the partnership, as a separate entity, exclusively controls. §1392.4. Conditions of Direct Marketing. (a)Except as provided in subsection(f) below,producers or certified producers may sell or offer to sell only agricultural products which they have produced to consumers at a certified farmers'market. The certified producer's immediate family or employee(s)may also act for and sell the certified producer's agricultural products. No certifiable agricultural products may be sold at a certified farmers'market unless such products are listed on the certified producer's certificate. (b)All agricultural products,when sold or offered for sale at a certified farmers' market or at or near the point of production, shall comply with all applicable requirements of Article 1 (beginning with Section 113700),2, 3, 4, 5, 6, 7, 11, 13, and 15 of Chapter 4 (California Uniform Retail Food Facilities Law), Division 104, Part 7, of the California Health and Safety Code, and Chapters 1 (beginning with Section 109875), 2,4, 5, and 8 (California Sherman Food, Drug, and Cosmetic Law), and Division 104, Part 5, of the California Health and Safety Code. (c)Only agricultural products may be sold or offered for sale at a certified farmers' market. The sale of nonagricultural products shall not be permitted in the area designated as a certified farmers' market. (d)The certified producer's embossed photocopy certificate shall accompany the certified agricultural products during transportation and shall be conspicuously posted at the point of sale. (e)When any agricultural products are sold by weight,the type of scale used shall be approved by the Department of Food and Agriculture, and shall be tested and sealed for use by the county sealer-director of weights and measures. (f) A certified farmers'market may allow, or prohibit, a certified producer or his/her immediate family member or employee to sell at that market certified agricultural products on behalf of a maximum of two other certified producers including,but not limited to, separate entities, such as partnerships, in which the certified producer has an interest as an individual member. If such a practice is allowed,the following provisions shall be met by the certified producer and shall be specified in the certified farmers' market's rules and regulations: (1) A certified producer shall not-represent, nor be represented by-more than two other certified producers in a 12-month period.. (2)Each certified producer's certified agricultural products to be sold or offered for sale shall be separated and identifiable by each certified producer's valid certificate at the point of sale. (3)The name of the certified producer for whom another certified producer is selling shall appear on the certificate of the certified producer that is conducting sales at a certified farmer's market. (4) The name of the certified producer who is selling the products of another certified producer shall appear on the certificate of the person or entity for whom the certified producer is.selling.. (5)The certified producer selling for another certified producer shall be selling or offering for sale, at the same certified farmers'market on the same day, certified agricultural products which the certified producer conducting the sales has produced and which are in greater volume than the volume offered for sale for the other certified producer. For purposes of this section,the volume shall be measured by the weight or dollar value of the products at the time and point of sale. This volume requirement.shall apply only at the beginning of each day of sale. (6) The producer applying for certification shall obtain and submit to the agricultural commissioner,prior to certification, written authority from said other certified producers to sell on their behalf. (7) Commission sales and buying and selling between certified producers is prohibited. Any payment made for the service of one certified producer selling for another certified producer shall not be related to the volume or value of the products sold. (8)The operator of a certified farmers' market may prohibit or otherwise establish rules regarding sales permitted under this subsection that are more restrictive,provided that such prohibition or restriction is contained in the market's written rules and regulations. (9)A certified producer who sells certified agricultural products on behalf of another certified producer or whose products are sold by another certified producer at a certified farmers'market shall keep fora period of not less than three years, the following records relating to such products: (i)Date of transfer to seller and accurate amount of products,by weight, dry measure, or count,transferred. Each separate product and amount shall be recorded according to variety. (ii) Date of sale and accurate amount of products, by weight, dry measure, or count, sold. Each separate product and amount shall be recorded according to variety. (iii)Names of both certified producers involved. (10) A certified producer subject to this subdivision shall produce, for inspection, records required by this section upon demand of a representative of the department or county agricultural commissioner. (g)The provisions of this section, and any amendments thereof, shall apply to all new certified producer's certificates, including renewals,upon filing with the Secretary of State,unless another effective date has been designated by the Office of Administrative Law. Certified producer's certificates already issued shall conform to the requirements of this section, and any amendments,within twelve(12) months of the certificate issue date. §1392.5. Producer Certification Procedures. (a)A producer may become certified by applying to the agricultural commissioner of the county where the producer's farm is located. A producer who farms in more than one county must be certified in each county where he/she produces certifiable agricultural products for sale at a certified farmers'market. (b)The certificate and application shall be on a form authorized by the director and include an agreement signed by the applicant that the applicant will comply with the terms of this article. (c)Any producer shall provide,upon request by an enforcing officer or market manager, certificates, documentation, information, or any other identification that may be reasonably required to show that the conditions of this article are being met. (d)The county agricultural commissioner shall issue only one original certificate,which bears the signatures of the agricultural commissioner and the certified producer, and the name of each destination county where the certified producer will be selling. The original certificate shall be maintained in the issuing county agricultural commissioner's office. (e)The county agricultural commissioner shall issue an embossed photocopy of the original certificate to the certified producer, which will serve as the valid certified producer's certificate. Certified producers who intend to sell at more than one certified farmers' market must obtain the necessary number of embossed photocopies of the original certificate to comply with the provisions of this article. (f) The issuing county agricultural commissioner shall send a photocopy of the original certificate to each destination county listed on the certified producer's certificate. §1392.6. Certification Requirements of a Certified Farmers' Market. (a)A county agricultural commissioner may issue a certified farmers'market certificate, which specifies a location where agricultural products may be sold or offered for sale. The certificate shall indicate that the marketplace is a certified farmers'market. (b)Application shall be made by the proposed operator(s) of a certified farmers'market and shall include a signed agreement by the operator(s)to comply with the terms of this article. The application and certificate shall be on a form authorized by the director. (c)The county agricultural commissioner shall not issue a certificate for a certified farmers'market when notified that a permit for the operation of such market has been denied by an agency of local government. (d)The governing body of a certified farmers' market operation for or by more than one certified producer shall promulgate a.set of market rules and regulations which specify procedural criteria pertaining to: (1)Admission of any producer to the market(s). (2)Admission of any agricultural products to the market(s). (3)Removal of any producer from the market(s). (4)Allowance of a certified producer selling on behalf of another certified producer as provided in Section 1392.4. (e)The governing body of a certified farmers'market has authority to establish specific rules and regulations for any market(s)under its control which regulate the: (1)Type and number of producers and certified producers admitted. (2)Type and number of certified and noncertifiable products admitted. (3)Methods of selling certified and noncer ifiable agricultural products. (f)The certified farmers'market's rules and regulations shall contain a clause, which states that the governing body and its designated agents shall implement and enforce all rules and regulations pertaining to the operation of a certified farmers'market in a fair and equitable manner. (g)A current copy of the certified farmers'market's rules and regulations shall be sent to the Department of Food and Agriculture, Fruit and Vegetable Quality Control-- Standardization, and to the agricultural commissioner of the county in which the certified farmers' market is located. §1392.7. Certificates Issued. (a) A county agricultural commissioner shall issue a certified producer's certificate upon review of application and determination that the applicant meets the requirements of a certified producer. When issuing the certified producer's certificate, the county agricultural commissioner should: (1) Consider seasonal production and varieties of the products when listing the products. (2)Insofar as practicable, include an on-site inspection of the land controlled by the producer. (b)A county agricultural commissioner shall issue a certified farmers'market certificate upon review of application and determination that the applicant meets the requirements to operate a certified farmers' market. (c)A certified producer's certificate shall be valid for not more than 12 months from the date of issue. (d)A certified farmers'market certificate shall be valid for 12 months from the date of issue. §1392.8. Fees. The county agricultural commissioner may charge a fee for issuing,modifying, verifying, or renewing any certificate, including embossed photocopies, as set by the board of supervisors of that county. §1392.8.1. Certified Farmers' Market Fees. (1) Every operator of every certified farmers'market shall remit to the Department of Food and Agriculture sixty cents ($0.60) for each certified producer represented by each certified producer's certificate and other agricultural producers participating in the market(s) on each market day for the entire quarter. The fee shall be submitted within 30 days after the end of each quarter with a form containing the following information: (a)Name of market sponsor (b)Market certificate number (c)Name and address of the market (d)Name of market contact person (e) Market day(s)and hours of operation (f)Telephone number and fax number through which the market representative can be reached during normal work hours. (g)Quarterly period for which the report is submitted. (b)Total number of certified producer certificates and other agricultural producers participating on each market day of the entire quarter. (i)Amount of fees submitted. 0) Signature of authorized market representative. (2)Any operator who fails to pay the required fee within thirty (30) days after the end of the quarter in which it is due shall pay a late monthly interest penalty of one and one half (1 1/2)percent monthly amount on the unpaid balance. §1392.9. Direct Marketing,Compliance Requirements for the Operator of a Certified Farmers' Market. (a)The operator of a certified farmers'market shall ensure that each person participating in the sale of agricultural products in the area designated as a certified farmers'market: (1) Is a producer,certified producer, or their immediate family member or employee. (2) Sells only certified and noncertifiable agricultural products. (3)Has in their possession,in the case of certifiable agricultural products, a valid certificate that is posted at the point of sale. (4)Has each certifiable agricultural product in their possession listed on the certified producer's certificate. (5)Who sells noncertifiable agricultural products sells only those products which were produced in accordance with the certified farmers'market's rules and regulations. (6)Who represents another certified producer under an additional certificate, separates and identifies the items listed on each respective certificate, and that the name of the certified producer they are selling for appears on both of the certificates. (b)The operator of a certified farmers'market.shall obtain from each person participating in the sale of agricultural products in the area designated as a certified farmers'market an itemized list of all products sold at the certified farmers' market each market day. (1) The product list shall state the name of the certified producer, the identity of each product sold as it appears on the certified producer's certificate, and the quantity of each product sold at the market. (2) The market operator shall keep the list of products sold for a period of not less than eighteen months. §1392.9.1.Direct Marketing. Requirements for Partnerships, Sharecropping Agreements, and Similar Contractual Agreements. (a) Every person or entity that enters into a partnership as defined in Section 1392.2(s), sharecropping, or similar contractual agreement with another person(s)or entity and that applies for a certified producer's certificate under such agreement shall provide the issuing agricultural commissioner, at the time of application, with proof of partnership as defined in the United States and California Tax Codes, or the Partnership's Federal Tax Identification Number and a copy of their current written agreement which shall contain the following: (1) A clear, concise and accurate description of the property to be farmed. The description shall include the present use of the property, the dimensions, and the location of the property; and (2)Partners shall demonstrate equitable risk by submitting a description of each party's financial and material resource input, which shall include the degree of involvement each party has in agricultural production; and (3)The date of the agreement and the signatures of all parties involved; and (4)A guarantee of the signatures on the agreement by a notary public executed at the time of signing by all parties. The notarized signatures on the agreement of all parties executing the agreement. (5)A statement of verification that the property or properties to be farmed by the partnership or producers cooperating under a similar contractual agreement are under the exclusive control of the partnership as a separate entity from its individual members. (b)Notwithstanding the above, an enforcing officer representing the Department or agricultural commissioner may request such additional documentation as is reasonably necessary to show that the conditions of this article are being met. (c)To qualify for a certified producer's certificate, all parties listed on the certificate shall: (1) Have entered into the agreement prior to planting of annual and biannual crops; and (2) Have entered into the agreement prior to or within 30 days after preparing perennial field crops for the subsequent cropping pattern (e.g., prior to the fern stage of asparagus or prior to cut back of artichokes); and (3) Have entered into the agreement prior to bloom of tree and vine crops; and (4) Be engaged in agricultural production upon the land which is the subject of the agreement. (d)Any change in the terms of this agreement shall invalidate a certified producer's certificate issued under such terms. Any such change shall be reported immediately and all embossed copies of certificates issued to the partnership shall be surrendered to the issuing agricultural commissioner. §1392.9.2. Direct Marketing. Requirements for Farm Leases. (a) Every person or entity who enters into a farm lease with another person(s) or entity and who applies for a certified producer's certificate under such agreement shall provide the issuing agricultural commissioner, at the time of application, with a copy of the current written lease agreement which shall contain the following: (1) A clear and concise accurate description of the leased property. The description shall include the present use of the property,the dimensions of the leased property and the location; and (2)The purchase price(cost)of the lease; and (3) The date of the agreement and the signatures of all parties involved; and (4)A guarantee of the signatures on the agreement by a notary public executed at the time of signing by all parties. The notarized signatures on the agreement of all executing the agreement. (b)Notwithstanding the above, an enforcing officer representing the Department or agricultural commissioner may request such additional documentation as is reasonably necessary to show that the conditions of this article are being met. (c)To qualify for a certified producer's certificate, the person applying for the certificate shall: (1)Assume all financial risks associated with producing agricultural products; and (2)Enter into the agreement prior to planting of annual and biannual crops; and (3)Enter into the agreement prior to or within 30 days after preparing perennial field crops for the subsequent cropping pattern (e.g., prior to the fem stage of asparagus or price to cut back of artichokes), and (4)Enter into the agreement prior to bloom of tree and vine crops, and (5)Perform agricultural production upon the land which is the subject of the agreement. (d)Any change in the terms of this agreement shall invalidate a certified producer's certificate issued under such terms. Any such change shall be reported immediately and all embossed copies of certificates issued to the partnership shall be surrendered to the issuing agricultural commissioner. §1392.10. Penalties. (a) Any county agricultural commissioner may, at any time, initiate a notice and hearing process to determine whether a violation of these provisions has occurred. The hearing process may review the actions of (1)The certificate holder; or (2)A family member, employee, or another certified producer acting on behalf of the certificate holder; or (3)Any other person whose actions may have resulted in the violation. (b)The notice of hearing shall be on a form approved by the director and contain: (1) Specific provisions violated; and (2)A warning to cease such violations and (3)A hearing date to determine if the certificate(s)involved in the violations or participation privileges should be revoked. (c)The county agricultural commissioner, upon determination that a violation has been made in accordance with (a), above,may: (1) Suspend and/or refuse, for a period of up to 18 months, to issue a certificate to the violator; and/or (2) Suspend, for a period of up to 18 months, the privilege of participation, under the provisions of this article, of any person whose action resulted in the violation. §1392.11. Appeals. Any person may appeal to the director for a hearing if aggrieved by any one of the following actions or decisions: (a) Denial of any certificate. (b) Suspension of any certificate. (c) Suspension of participation privileges. (d)Adoption of more stringent rules or regulations pertaining to the operation of certified farmers'markets. In all cases, the appeal must be submitted to the director in writing within 30 days of the date the action or decision was made. The director's proceeding shall, insofar as practicable, comply with the provisions of the Administrative Procedure Act(Government Code, Section 11500, et seq.), except that a department hearing officer may be used. §1392.12.Emergency Declaration. (a)The director may,`on an as needed, case by case basis,waive or modify specific restrictions within this Article on the direct marketing of agricultural products,including, but not limited to, restrictions or limitations on production acreage and commodities, as well as certification requirements, if a declared plant,pest or animal quarantine, a declared natural disaster or a declared catastrophic emergency interferes with the normal operative effect of the rules. (b) Any waivers or modifications shall be consistent with any quarantine, and the response to any natural disaster or catastrophic emergency. (c) Prior to the utilization of any waivers or modifications, certified producers and certified farmers' markets shall enter into compliance agreements with California Department of Agriculture through the county agricultural commissioner in the county in which their certificates have been issued. Page 1 of 1 The actual regulations are found in the CA Code of Regulations,Title 3. Food and Agriculture, Division 3. Economics, Chapter 1. Fruit and Vegetable Standardization, Subchapter 4. Fresh Fruits,Nuts, and Vegetables, Article 6.5. Direct Marketing. The Code specifically states: §1392. Intent. The intent of this article is to facilitate the sale of agricultural products from producers and certified producers within the state directly to consumers while maintaining sufficient regulatory control to ensure that the agricultural products are of acceptable quality and that the selling activities are conducted honestly and fairly. file://C:\Documents and Settings\schippen\Local Settings\Temporary Internet Files\OLK9B\... 2/1/2010 Page 1 of I Updates to this code occur on a frequent basis. The following reference is typical. file://C:\Documents and Settings\schippen\Local Settings\Temporary Internet Files\OLK9B\... 2/1/2010 Page I of 1 3) An argument for giving SLOFMA the responsibility for maintaining a Certified Farmers' Market in San Luis Obispo on Thursday evenings. SLOFMA has been functioning effectively in San Luis Obispo County for 27 years. I am not aware of any significant oversights or management errors. They have been constantly aware of CA laws and rule changes over this long period of time. SLOFMA has provided a good selection of farmers and a large selection of flowers, fruits, and vegetables. We know and trust many of the farmers because they live in our area and are part of our community. SLOFMA has many contacts with other state farmers'market organizations and advertising agreements already in place on the web.The local media has give SLOFMA many outstanding endorsements. SLOFMA is a mutual benefit,not-for-profit corporation. Its members are farmers who participate in one or more of our markets. One of the responsibilities of the members is to elect the seven-member board of directors. Each director is.also a farmer who serves a three-year term of office. The board establishes policies, and gives direction to the SLOFMA staff on how the market should run, evolve and grow. Small fanners typically operate on a very small profit margin! Some of the SLO vendors grow vegetables on back yard property and provide us with ripe fresh organic products. I fear that if the SLO Certified Fanners' Market becomes more profit motivated, small farmers will become discouraged and simply quit providing fresh food. The market would be left with larger"efficient"farmers, located further from SLO, who would not provide flowers, fruit, and vegetables as fresh as we are accustomed to getting. 4) Proposed ways to address changes in the farmer's market that may be necessary from time to time. To facilitate effective changes in the farmers' market, I would suggest that each organization appoint a representative to the other organization's Board meetings. I would also suggest that the managers of the two organizations and the City Manager hold regular conversations. file://C:\Documents and Settings\schippen\Local Settings\Temporary Internet Files\OLK9B\... 2/1/2010 � G�/LS /'Gfl�llG� -qs/io (ALlNG[L /, L�flt!!m To: San Luis Obispo City Council From: Jan Howell Marx Re: Farmers' Market Issue - Date: 2/2/2010 - Please accept my apologies for not being able to attend tonight's meeting, due to Doctor's orders to stay in bed. Below are my thoughts on this important issue. Like every single person who has commented on this issue, I am a long time supporter and customer of the Farmers' Market. I believe that the sale of fresh local produce is the heart and soul of the Thursday Night event, and should stay that way. It is a community treasure. As landlords and custodians of the city streets, Council has a base line responsibility to the community to protect what the community treasures,including Fanners Market. As detailed below, I would like to see this issue be placed on a future Council agenda, so that the contract with the Downtown Association can be amended and to provide for stronger oversight by the City of the Fanners' Market. I am deeply concerned that this change in management("takeover") was presented as a"done deal" to the Fanners Market Association and to the City, with apparently no consideration of the community response or economic effect on the fanners and other farmers' markets throughout the county. I am appalled that this abrupt change in management of the Farmers' Market was made without any prior notice to, consultation with, or guidance from city staff. The actual chain of events leading up to the decision has still not been made public. The Downtown Association met in secret to make this decision, even though it is my understanding it has a contractual obligation to include city representatives in"all meetings". Because of the secrecy involved, the Council and the public have no way of knowing whether or not the takeover was fair or warranted. It is more than obvious that the"takeover" and the events leading up to it have been incredibly poorly handled by the both Downtown Association,but also by the Farmers Market Association. Whatever the problems,having professional staff and years of expertise, these two long trusted nonprofits should have been able to collaborate and work them out, or they should have asked for city help. Instead, they have created an entirely unnecessary community crisis. If the current "train wreck"they have created is indicative of their professional expertise, then I have serious concerns about the ability of either of them to do an excellent job of running the San Luis Obispo Fanners Market. The City of San Luis Obispo expects, and deserves, better. I believe the city needs to step in and take a stronger role at this point in order to make sure the Farmers' Market is well run and to restore the community trust. I recommend the Scope of Services section of the Contract between the Downtown Association and the City be amended. Below are a few suggestions. I a]MtggtM C FEB 2, . 2010 SLO CITY CLERK I that the performance of the Farmers' Market be carefully monitored by the city for the duration of the Contract. Recommendation: 1. Our contract with the Downtown Association(DA) does not specify that a Farmers' Market shall be part of Thursday Night Promotions, (TNP) which is a problem that needs correction. I recommend that the Scope of services of the contract with the Downtown Association be amended to include all of the recommendations of the city attorney and: a. That a certified Farmers' Market run by agriculturally qualified Fanners' Market personnel remain a permanent part of Thursday Night Promotions; b. That a city staff member be appointed by the City Manager as liaison to the Farmers' Market; c. That the Farmers who sell produce at the Farmers Market be included in the governance of the event in substantial and meaningful way with recourse to the city staff liaison if there are problems; d.. That the Downtown Association present monthly(not quarterly) reports. e. That no substantive changes in the Thursday Night Promotions program be made with out the approval of the city manager. 2. The performance of the Downtown Association as the new manager of the Farmers' Market be carefully monitored by city staff and a report to Council be presented at least six months before the expiration of the present contract with the Downtown Association. Before we enter into another contract with the Downtown Association,we need to be confident in its ability to perform up to the excellent standards our community deserves and expects. From: Diane Krajsa[SMTP:KRAJSA@HOTMAIL.COM] Sent: Tuesday, February 02, 2010 4:34:38 PM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Leave the farmers as they are, the Downtown association has no business trying to take over something that has worked very well all these years. The farmers know how to keep the quality growers coming back year after year- downtown association does not!!! From: Charles Dills[SMTP:CHARLESDILLS@MAC.COM] Sent: Tuesday, February 02, 2010 5:31:03 PM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule I think this whole thing is disgusting. Not only WHAT was done but particularly the WAY it was done. I can only conclude, there are visions of dollars dancing in your head. It won't happen. I suspect the farmers will flee to other more palatable venues. It has been a model for 27 years. Do you really think you can improve it. Nonsense. And dropping an ax is unconscionable. ---Chas--- From: John Grady[SMTP:JOHNGRADY5@YAHOO.COM] Sent: Tuesday, February 02, 2010 6:24:16 PM To: Council, SloCity Cc:johngrady5@yahoo.com Subject: Fanners Market/Downtown Association Auto forwarded by a Rule Dear SLO City Council Members, , i I'm sure you have received lots of phone calls and emails about the Farmer's Market issue which I believe the Downtown Assocaition has brought upon itself. I hope you will spend a minute reading my email and reply if you have information to share with me. I am sorry to say I am a member of the Downtown Associaiton, not by choice but because I am forced to belong. I have expressed to you in the past that I believe membership should be voluntary and not forced, such as it is with our Chamber of Commerce. I hope someday you will address this issue. The Downtown Association has done nothing for me or my business. To the contrary, they recently more than doubled my fees (which you all approved) and when Ernie Dalidio was trying to develop his land - with your approval - they used MY assessment fees to pay to promote a ballot measure to oppose him,totally against what I believed and how I voted. So they used my money to oppose what I believed in. This is flat out wrong! To the current issue at hand...I do not profess to know or understand all that is going on with Farmer's Market,but I ask you to listen to both sides and to do what is necessary to bring a compromise and happy ending to this problem that BOTH sides can agree to and be happy with. I am appalled to hear that Mayor Dave Romero said on KVEC earlier today that "your hands are tied on this issue" or words to that effect and that there is nothing City Council can do about this issue. This is hogwash! The City(YOU and me) may have a contract with the Downtown Association to run the Farmer's Market, but that does not give them carte blanche to do as they wish! If you ask them to do something(or to reverse a decision) then they better listen and respond or you should fire them- or at the very least not renew their contract! And you should make this clear to them in no uncertain terms. They should not arbitrarily take the actions they have and then disregard the outcry of the public and the direction of the council. To me ad to many it appears to be a power grab and a way to control the farmers. Given their past performance I do not believe for a moment their current PR campaign to try to control the damage they have done and the outrage they have aroused. Please listen to the concerns of the farmers and don't say there is nothing you can do! Regards, John Grady San Lusi Obispo From: Ann Martins[SMTP:ANN MARTINES@YAHOO.COM] Sent: Tuesday, February 02, 2010 6:32:15 PM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule I would like to leave with you my opinion concerning the Local Farmer's Mkt. I am a 73 year resident of San Luis Obispo. I attended the first Farmer's Market 25 or so years ago. In all these years I have never heard anyone call Thursday night celebration the Downtown Association Night. It's always been Farmer's Market, and should always be Farmer's Market, run by our local farmers. First of all as a business owner in San Luis Obispo for 25 years, I resent the Downtown Association snubbing business that aren't on the "miracle mile", the section of Higuera,Chorro ,lower Monterey Sts., and Marsh streets. I feel the whole downtown should be included in the association. We were told differently!! We are on "upper Monterey!!! Now it seems they are trying to take over a successful event that as you know has been the role model for numerous Farmer's Markets in many cities. We were very proud to be showing off our "one of a kind local event" I urge the council to listen to the voice of the people, not the voice of an association that is claiming success for something local hard working farmers have established and ran successfully for so many years. I don't know if I heard correctly or not that downtown association wants to put in a wine- tasting event? Wouldn't it be better for a family event as Farmers's Market to have our local produce, fruits,vegetables and flowers, etc. featured rather than bringing the children down to witness people tasting wine. An event that should be strictly an adult event? What kind of a message are we sending here? Ann Martins, owner of The Antique Center, 1239 Monterey Street, San Luis Obispo, Ca;if. 93401 From: John Ewan[SMTP:JEWAN@ALTERYOURENERGY.COM] Sent: Tuesday, February 02, 2010 6:36:29 PM To: Council, SloCity Subject: I support the Farmers Auto forwarded by a Rule Hello City Council, I support the farmers. Keep the Famers Association as representative of the farmers, not the Downtown Association. Stephanie Ewan 1221 Sylvia CT. San Luis Obispo, CA 93401 From: Shane McCullough[SMTP:SMMCCULLOUGH@GMAIL.COM] Sent.: Wednesday, February 03, 2010 6:49:25 AM i • To: Council, S1oCity Subject: SLO Farmers Market Auto forwarded by a Rule Dear Sirs: As a graduate of Cal Poly it pains me to hear that the Downtown Association has elected to cancel their long-standing relationship with the Farmers Market Association. Many alumni such as myself hold in high esteem the memories of Thursdays nights touring downtown SLO and purchasing fresh fruit from local growers. I hope you reconsider your decision as it will have an overall negative impact on the economic success of businesses downtown, and indirectly, the student body and residents of San Luis Obispo. We appreciate you reconsidering your stance on this matter. Regards, Shane McCullough Construction Management, Business Administration, '07 From: S1oCustomWorks@aol.com[SMTP:SLOCUSTOMWORKS@AOL.COM] Sent: Wednesday, February 03, 2010 7:49:54 AM To: Council, SloCity Subject: Farmers Market should be turned over to the city-and why Auto forwarded by a Rule i do business in San Luis i have applied 2x to open a booth in the farmers market to show my business to the public but have been denied even association with the group running it now...i believe once run by the city Fee's will be lowered and more vendors will sign up-making it even a better experience for all.. Thank You Owner/Contractor: Ryan Kleefisch C29-Masonry, C8-Concrete, C27-Landscape licensed phone:805-275-2276 Fax: 805-468-4100 FEB-5-2010 12:43P FROM: 70:7817174 P.1/1 People First of San Luis Obispo a calf adsacary o�gara�aAian by and.fort A*k Ai6 dew]"ead Arabih*s /1IG2 3055 Duncan Lane, Ste '�D" San Luis Obispo, CA. 93401 - (805) 748-7338 February 2,2010 To the members of the SLO City Council: We are an advocacy organization which has existed in San Luis Obispo for nearly 20 years. As such,we care deeply about the quality of life here in.SIA. We feel strongly that the Downtown Association's recent move to remove the SLO County Farmer's Association's longstanding control of Farmer's Market will surely compromise that quality of life. San Luis Obispo County has always been a small agricultural community. We love the personal feeling we get when interacting with local growers.However tiny their Farmer's Market enterprise may be,they are local and they are our neighbors.They create the community feeling that is so valuable here. Please consider this letter a protest against the Downtown Association's effort to rescind Farmer's Association control.It is not in the best interest of our community. We the undersigned support the Farmer's Association in retaining their voice. People First of San Luis Obispo Ci { .� M CL-s o, rl M*A t 4 PaoqC U u 0 t� �R4 �l9E/LS /'/42,C�vT CO�e��E From: Marina Bethlenfalvay[SMTP:BETHLENM@CHARTER.NET] Sent: Wednesday, February 03, 2010 12:24:06 PM To: Council, S1oCity L°C &—eAJCrc.. 4s4_ ct� Subject: farmer's market �e ^��� Auto forwarded by a Rule ( i Dear Mayor Romero: Having listened to the arguments of the opposing sides, The Downtown Association and the SLO County FMA, I ask you to use your proven goodwill and diplomacy to resolve this unfortunate spat in favor of the FMA. Let Wineman relinquish its grip on the new sidewalk one night a week. Sincerely, Gabor Bethlenfalvay 255 Hermosa Way, SLO 93405 From: Marina Bethlenfalvay[SMTP:BETHLENM@CHARTER.NET] Sent: Wednesday,February 03,2010 11:35:09 AM To: Council, S1oCity Subject: Farmers'Market Auto forwarded by a Rule Dear City Council Members, After attending last night's meeting,focused on the conflict over the management of the Thursday Evening Farmers' Market, I would like to urge you to use your influence, persuasion and authority to help achieve a resolution of this conflict, in such a way that the Farmers can continue to manage their part of the Thursday event. Our family has lived in SLO for ten years now and we and everyone who visits us from out of town loves this weekly celebration.While the food and music and other vendors are also an important part of its charm, it is clear that the produce and flower stalls are the anchor of the entire event and its main attraction. From what was said last night, as well as from observations over time, it is clear to us, that providing the produce part of the market presents a much more challenging logistic task for the farmers than does the set-up of the other offerings. And consequently, it should be managed either by someone from the farm community-or by someone who has been involved with this job since the market's inception, like our present manager, Peter Jankay.We believe that the Downtown Association is seriously underestimating the complexity of this management job, which has been carried out with so much professional understanding of the realities of farming, even- tempered diplomacy and cheerful good will, over all these decades. (We were happy to note that the City Council Members showed this gentleman more respect and courtesy than the DTA) It appears that the Downtown Association has been somewhat high-handed in their bid to take over the whole event, pushing aside the farmers-their assurances"that nothing will change" notwithstanding. - It is to be feared that the farmers will feel under-representative and marginalized and that some of them will no longer make the effort to participate. If the proportion of farmers participating begins to erode, others will follow and the"World-Famous SLO Farmers' Market will no longer be worthy of its name and will just become another street fair.-This would be a sad loss for our wonderful little city. -Please do not let this happen. Respectfully, Marina Bethlenfalvay From: Ron Lautrup[SMTP:BRORGANICS@ATT.NET] Sent: Wednesday, February 03, 2010 10:39:18 AM To: Council, S1oCity Subject: Farmers Market and Agricultural Consideration Auto forwarded by a Rule Dear Mayor Romero, Vice Mayor Carter, and Honorable Council Persons Settle, Howell Mark, and Ashbaugh: My name is Ron Lautrup. I graduated for Cal Poly in 1992. and am fortunate to still call San Luis Obispo home. I work in agricultural, both state wide and national /international. I had planned to attend last night's city council meeting but was unable to make it due to a personal matter. Please allow me to briefly chime in: I have full confidence the FMA is appropriately representing our local farmers market participants. Likewise I am sure the DBA is appropriately representing the downtown association. I would like to suggest these two groups collaboratively work to resolve the current situation,with the end result being something that works for and satisfies both groups. I know that the agricultural heritage of San Luis Obispo and San Luis Obispo County has been presented; our rural and agricultural make up is one of the foremost factors to our county being such a special place in California. But has it been stated in this forum that San Luis Obispo County is the single most diverse agricultural county in the state? It is true. In no other county in the state can such and abundance of seasonal crops be farmed all year around along side subtropical species such as avocado which require mild coastal influence to minimize frost damage and then again alongside dormant crops such as almonds, walnuts, and pistachios which require chill hours every year to produce a crop. My point being this: San Luis Obispo is an amazing place for all of us to live and the farmers play a big role in that. The agricultural diversity in the county in unmatched by any other county in the state. It is the responsibility of our elected officials and the applicable associations to work together to embrace our uniqueness and our specialness. It is our responsibility to honor our farmers, especially our small family farmers. Rest assured,farming is a difficult, non glamorous life which gives so incredibly much back to San Luis Obispo and.San Luis Obispo County. Whatever we can do to keep farming and our farmers markets in San Luis Obispo viable, the benefits to the City, to the DBA, and to the county are returned 10 fold. Sincerely, Ron Lautrup From: Nanette Finn[SMTP:INFO@FINNPLUMBING.COM] Sent: Wednesday, February 03, 2010 2:31:11 PM To: Council, S1oCity Subject: Farmer's Market Auto forwarded by a Rule Hello! We support SLO County Farmer's Market Association remaining involved as a partner with the Downtown Association for Farmer's Market. Noel and Nanette Finn A07) i?4x 6/La-eStoora),—e—'U e From: Terry and John Bransfield[SMTP:TERRYBRANSFIELD@MAC.COM] Sent.: Thursday, February 04, 2010 11:42:20 AM ������ TO: Council, S1oCity H / Subject: Farmer's Market Auto forwarded by a Rule Councilmembers, It is imperative that the City of San Luis Obispo maintain an amicable relationship with the Thursday Night Farmer's Market Association. It saddens me to recently hear that the farmers are being asked to leave this event. I am afraid that our community may loose what makes it so great. That is - a community that interacts with its people, which promotes LONE. and respect for the farmers' hard work to give us such bounty. The farmers deserve your respect and continued support of their participation at the Thursday night event. Please keep communications open with the farmers. Respectfully, Teresa Bransfield Arroyo Grande, CA 93420 From: Richard Boyd[SMTP:DICKBOYD@CHARTER_NET] Sent: Thursday, February 04, 2010 4:12:11 PM To: Council, S1oCity Subject: Farmers Market Auto forwarded by a Rule I would to express my support for the protest of the SLO County Farmers Market Association against the termination of the relationship with the SLO Downtown Association. The Thursday Night Farmers Market certainly should have input and participation by the Farmers themselves. Without this participation it can hardly be called a Thursday Night Farmers Market. Respectfully Richard H Boyd RED FILE Iliiiiill MAGENDA COLINOL HEH0JZANDL1N �EET1NrjjTEm #ate JAN 2 91010 W.E-0 1,L �'LO G,f r2 OUNCIL CDD DIR IN DIR To. CLERK City Council \ Z°�ItD CAO tit �FFIRE CHIEF I ATTORNEY r-FW DIR VIA: Katie Lichtig, City Manager LERlVORI0x4ju D T/A gA®9 !�FROM: Christine Dietrick, City Attorney p7TZc$ pShelly Stanwyck, Assistant City Manager lc..A -n,a,� a acn4 r►ibR- SUBJECT: TUESDAY, FEBRUARY 2, 2010 PRESENTATION BY THE iOC4ft" DOWNTOWN ASSOCATION REGARDING MANAGEMENT OF PRODUCE VENDING AT THURSDAY NIGHT PROMOTIONS EVENT Background In response to concerns presented by the Executive Director of the Farmers Market Association to Council at its January 19, 2010, Council directed staff to coordinate a Presentation by the Downtown Association for the February 2, 2010 Council meeting. During the presentation the Downtown Association will provide information to Council about management changes for the produce vending section of Thursday Night Promotions (TNP). Existing Agreement As Council members are aware, the City first entered into a formal agreement with the San Luis Obispo Downtown Association (SLODA) on July 1, 2008 to benefit tourism and business in the downtown area of the City. The Agreement arose from the transition of the SLODA from a City advisory body into an independent, non-profit entity with which the City contracts to provide services to the members of the City's Downtown Parking and Business Improvement Area. The Agreement between the City and SLODA was reviewed by Council on April 21, 2009, and renewed for an additional two year term (Attachment 1). The term of the current Agreement commenced July 1, 2009 and ends on June 30, 2011 to match the two year budget cycle of the City. Under the terms of this agreement the SLODA is obligated to continue to produce TNP, one of the special events integral to the fulfillment of SLODA's obligations to the City under the terms of the Agreement. The Agreement does not specify the type of farmers' market to be produced (i.e., general market versus certified market) nor does it include any requirements with regard to the management of the market or the vendor selection. Typically, such issues would be considered operational matters best left to the discretion of the contractor. It is considered good business practice to leave existing contracts in place when the terms of the contract are being met. At this time, SLODA is meeting its obligations to the City under the terms of its Agreement. However, in response to some concerns expressed about the operational changes at TNP that will affect produce vendors, SLODA has indicated to staff that it is willing to provide a letter agreement to Council that it will: i I. Continue to operate a certified Farmers Market (SLODA has received its certificate from the Deputy Agricultural Commissioner) 2. Create a committee for Farmers to address this group's specific TNP needs. 3. Extend an invitation to the Farmers to serve on the SLODA TNP subcommittee. 4. Extend an invitation to the Farmers to appoint a representative to a Liaison position to the SLODA Board of Directors. The memo from the SLODA providing information on this transition has been provided for Council's reference (Attachment 2). Moving Forward As with most transitions and new relationships opportunities exist to refine and improve upon communications. In light of the recent communication challenges which arose from this operational transition, it is staff's intention to have more frequent meetings with the Administrator of SLODA (in addition to attending Board meetings and other standing meetings) to enhance communications and ensure that both parties have the opportunity to monitor success of all downtown businesses and special events. Furthermore, Council members will be provided with quarterly reports from the Administrator of the SLODA, in narrative form, articulating the services provided to the City during the most recent quarter. ATTACHMENTS 1. April 21, 2009 Council Agenda Report and Agreement Renewal 2. Memo from SLODA previously transmitted to Council on January 15, 2010. council 19 D& 21-2009 j aGEnaa Pepout '�"u c3 CITY OF SAN LUIS OBISPO FROM: Shelly Stanwyck, Assistant City Manager Prepared By: Claire Clark,Economic Development Manager SUBJECT: DOWNTOWN ASSOCIATION AGREEMENT RENEWAL RECOMMENDATION Approve an Agreement with the San Luis Obispo Downtown Association (SLODA) for provision of services to the City and authorize the Mayor to execute the two-year Agreement. DISCUSSION Background In 1975, the City joined with Downtown merchants and property owners to create an assessment district to provide funding for special benefits to the Downtown. This district was created pursuant to the Parking and Business Improvement Area Law of 1965 (California Streets and Highway Code §36000-36081) by adoption of Ordinance Number 649 (1975 Series). The law provided the City Council with the sole discretion as to how the revenue derived from the assessment is to be used within the scope of the purposes spelled out in the 1965 State law. The boundaries of the Downtown Parking and Business Improvement Area (Area) were defined by the Ordinance encompassing the heart of the Downtown Business district bounded generally by Santa Rosa and Beach Streets, and by Palm and Marsh Streets as more specifically shown on the map in Attachment 1. The Area has not changed since its creation. The SLODA, originally created as an advisory body to the City Council, now operates as an independent 501(c)(6) not-for-profit corporation and has an annual budget of approximately $500,000, about a third of which is derived from the Area assessment on the approximately 700 SLODA members. 2008-09 Agreement In 2008, the City Council entered into a one year Agreement, dated July 1, 2008, with the newly formed not-for-profit SLODA for the provision of services in return for distribution of all Area assessment revenues. Specific services were enumerated in the Agreement, including continuation of Holiday Activities, Concerts in the Plaza, and Thursday Night Promotions. The Agreement also enumerated on-going services that the DA has traditionally provided, including but not limited to, working closely with City staff to address issues of parking, construction, downtown maintenance, activities in the Plaza, economic vitality and long term strategies for the viability and health of the downtown business area, supported by the SLODA. As a Main Street C3 -1 Downtown Association Contract Renewal Page 2 Organization, the SLODA has continued to maintain the high standards that qualify it for designation as a National and California Main Street program and incorporates the Main Street 4- Point Program of revitalization in its work plan. Compliance with 2008-09 Agreement requirements for use of Area revenues is evidenced through regular reporting as established in the current Agreement between the City and the SLODA. Proposed 2009-2011 Agreement The proposed Agreement (substantially the same as the current Agreement) continues the long and successful relationship between the City and the SLODA with few changes. The proposed 2009-2011 Agreement, shown at Attachment 2, extends the term from one year to two years, so that the term coincides with the City's budget review in order to facilitate consideration of budgetary matters. It continues enumerated services to be provided by the SLODA in the Scope of Services section of the Agreement, changing the Transition Plan section to Additional Provisions eliminating the transitional elements that have been completed City Support of the Downtown. Since establishing the Parking and Business Improvement Area, City staff has supported certain events organized by the SLODA that result in a vibrant downtown. SLODA receives operational support from several City departments such as Public Works, Police, Fire, Administration, and Parks &Recreation. In accordance with the Agreement, SLODA is required to provide certain events in the Downtown that enhance foot traffic among Downtown businesses. Services related to these activities are supplied by the City as a part of its support of the Downtown. In recognition of the importance of a vibrant downtown and the unique relationship between the City and the SLODA, these substantial services are provided at a nominal cost recovery in support of the events that benefit the City's Downtown. The City will also continue collection of business tax and assessment revenues, and coordination between City and SLODA staff will continue to be a priority to benefit the Downtown. FISCAL IMPACT There are no direct fiscal impacts to the City resulting from this Agreement. The City will continue to collect the approximately $160,000 in Area assessment revenues and will pass these funds to the SLODA for services provided in accordance with this Agreement. That said, the City also provides support for the special events that the SLODA provides in accordance with the Agreement. The City incurs costs of approximately $70,000 per year to provide such services with cost recovery of approximately$6,200 per year from the SLODA. Despite the current budget conditions, staff recommends continuing the status quo of providing these services at the City's expense due to the unique benefits that these events extend to the City as a whole and the City's interest in seeing these events continue. C3-a Downtown Association Contract Renewal Page 3 CONCLUSION The City and the SLODA seek a continued relationship to preserve the vitality and effectiveness of the Downtown to support businesses and attract visitors to the City of San Luis Obispo. The SLODA will continue to provide a high level of service to the City to the benefit of the Area businesses and, with the continuing support of the City, for the betterment of the City as a whole in accordance with the Agreement. ALTERNATIVES 1. Do not renew the Agreement with the SLODA. The Council could direct staff to explore alternatives to contracting with the SLODA for the services provided by this organization. Due to the ongoing nature of the activities, particularly Thursday Night Promotions, that have become hallmarks of our community, this is not recommended. 2. Require greater cost recovery. The Council may direct staff to negotiate with the SLODA for greater cost recovery due to the current budgetary constraints. While this is a good longer term goal, in this economic climate it is not being recommended at this time. However, if this is an action the Council chooses, direction as to the Council's goal in cost recovery is requested. ATTACHMENTS 1. Downtown Business Improvement Area Map 2. 2009-2011 Agreement 77 1977Fn. a file.TADowntown Association\DA CAR contractRenewa12009-2011\DA CAR 421-2009 ATTACHMENT . �. lel ® I I. ® I ® I' War r 3 I'IIt 1111 . -a ® n Q L Attachment 2 AGREEMENT THIS AGREEMENT is entered into as of the 1st day of July, 2009;between the SAN LUIS OBISPO DOWNTOWN ASSOCIATION, a 501(c)(6)non-profit corporation organized under the laws of the State of California, with a place of business at 1108 Garden Street, San Luis Obispo, California 93401 ("SLODA"), and the CITY OF SAN LUIS OBISPO, a municipal corporation("City"). RECITALS: A. The City and SLODA have worked together for the benefit of business and tourism in the downtown area of San Luis Obispo since the inception of the Downtown Business Improvement Area in 1975 and desire to continue their relationship for the betterment of tourism and business; and B. On October 6, 1975, the City Council adopted, and subsequently amended on various occasions, Ordinance 649 (1975 Series) (collectively, "the Ordinance") creating the Downtown Parking and Business Improvement Area("DPBIA")in the downtown area of San Luis Obispo, and levying the authorized assessment on all businesses within the area. C. Having determined that promotional activities to benefit business and tourism activities in the downtown area of San Luis Obispo are an appropriate use of DPBIA assessment proceeds, since such activities are expected to maintain and increase revenues derived by the City from the downtown area and to preserve and enhance the unique character of the downtown for the special benefit of downtown area businesses, and further, having determined that SLODA is able to conduct such promotional activities, the City Council desires to contract with SLODA to conduct promotional activities in the downtown area of San Luis Obispo. D. The City is authorized enter into a contract to provide services to the members of the DPBIA and to administer the assessment collected for that purpose; the SLODA, a 501(c)(6) organization, wishes to enter into this contract with the City to provide agreed upon services to the DPBIA members. NOW THEREFORE,THE PARTIES AGREE as follows: 1. Scope of Services. SLODA will conduct promotional activities to benefit business and tourism activities in the downtown area of the City, more specifically set forth in this Agreement as the Scope of Services, attached hereto as Exhibit A and incorporated as if fully set forth herein, as limited by State law and the Ordinance, and subject to any modifications approved in writing by the City Manager. The Scope of Services may be amended by mutual consent of the parties after bi-annual approval of this Agreement by the City Council. The City Manager is hereby authorized C3-S" Affachment Z to approve periodic amendments to the Scope of Services without further consent by Council to the extent that any such amendments do not result in the elimination of required Special Events, as set forth in Exhibit A. 2. Financial Reporting. SLODA will prepare and file with City, consistent with City policy,quarterly financial reports within 60 days after the end of the quarter showing qualifying expenditures made by SLODA and shall, upon request by City, produce supporting invoices,-receipts, vouchers and statements showing how the DPBIA revenues have been expended consistent with this Agreement. Such financial reports shall include a line-item schedule which matches expenditures with specific, budgeted amounts and activities. The reports will be filed with the City Finance Director consistent with the City's financial reporting policies and practices, and as reasonably requested by the Finance Director. In addition to interim quarterly reports, the SLODA shall contract with an independent certified public accountant to prepare an annual audit of the SLODA financial operations related to qualifying revenues and expenses. The audit shall be conducted in accordance with auditing standards generally accepted in the United States. The goal of the audit shall be to provide an opinion that the SLODA financial statements present fairly,in all material respects, the financial position and changes in financial condition of the qualifying financial operations of the SLODA, in conformity with accounting principles generally accepted in the United States. The SLODA fiscal year shall be July 1 to June 30; and the audit shall be completed and submitted to the City's Finance Director within 180 days after fiscal year end.. 3. Quarterly Activity Reports. At the time the interim quarterly financial reports are filed, SLODA will also file with the City Manager a report of the activities of SLODA and its subcontractors and the respective accomplishments of each during the period specified in the financial report. 4. Carryover Funds. SLODA may accrue a carry-over account of funds paid by the City to SLODA,but not expended by SLODA,provided that SLODA files with the City a declaration, which specifically sets forth the planned use of'such funds. The amount of carryover funds will be added to the funds allocated to the SLODA in accordance with this Agreement for succeeding fiscal years,provided that these funds must be specifically allocated to program activities of any budget proposal submitted for such funding agreement. 5. Term The term of this Agreement will commence July 1, 2009 ending on June 30, 2011 to match the two year budget cycle of the City. The term may be extended upon approval of the Agreement, including review of the Scope of Services,by the City Council.The City and SLODA may terminate this Agreement and any rights, duties and liabilities accruing in this Agreement at any time by giving written notice of election to terminate to the other party at least thirty.(30) days prior to the end of the fiscal year. C3-C� Affachment 6. Funding Restrictions. The parties acknowledge that activities within the Scope of Services shall be funded by DPBIA funds and that all monies allocated by the City shall be subject to the restrictions imposed on DPBIA monies by the Ordinance and State law. 7. Limited Use of DPBIA Funds. SLODA will use none of the funds it receives from this Agreement for any purpose not enumerated in the Ordinance, including but not limited to,any expense (including administration and overhead)in support of a SLODA Political Action Committee or any other political entity or activity. The City recognizes that the SLODA may engage in such activities on behalf of its members, independent of its contract with the City and does not attempt through this Agreement to limit those activities, so long as such activities do not utilize DPBIA funds. 8. Accounting for DPBIA Assessments. DPBIA assessment money may be used to finance fund-raising activities intended to generate additional revenue for use by the SLODA. However, the sum of all assessment money used for this purpose shall be accounted for and proceeds from the fund-raiser equal to that sum shall be used for purposes stated in the Ordinance and conforming to the purposes of the assessment as defined by State law. Further, such use of DPBIA funds shall be specifically described in the periodic reports described in paragraph 2 of this Agreement. 9. City Support for SLODA Activities. The City will continue to provide staff support and services in accordance with the SLODA Scope of Services attached hereto as Exhibit A, at the mutually agreed cost to the SLODA. However, it is agreed that SLODA will reimburse City for all costs incurred by City in providing services during the term of this Agreement relating to other SLODA events or promotional services. These costs will be determined and certified in accordance with City policies applicable to other non-profit organizations and City will provide SLODA with invoices for such services, which will be due and payable by SLODA consistent with standard City policies and practices. 10. Monthly Remittance of DPBIA Funds to the SLODA. The City will cause to be paid to SLODA the total amount of DPBIA funds collected by the City during each month within thirty (30)days of the end of the month. 11. City Staff Rights to Attend SLODA Board Meetings. SLODA shall notify the City Manager of the meeting dates of each meeting of the Board of Directors of SLODA, and the City.Marnager or his/her appointed representative shall have the right to attend all meetings of the Board of Directors. 12. Independence of SLODA. Neither the City nor any of its officers or employees will have any control over the conduct of SLODA or any of its employees, except as provided above, and SLODA expressly warrants not in any manner or at any time to represent that its officers, agents, servants or employees are in any manner-the officers, agents, servants or employees of the City,it being distinctly understood that SLODA is C3 -� Attachment z and at all times will remain as to the City, an independent contractor, and the obligations of SLODA to the City is solely as prescribed by this Agreement. 13. Assignment. This Agreement contemplates that SLODA will render special services which it is uniquely able to provide, and it is recognized by the parties that an inducement to City for entering into this Agreement was,and is, the ability of SLODA to render these special services. Neither this Agreement nor any interest in this Agreement may be assigned by SLODA, except that SLODA may, on written consent of the City Manager or designee obtained in advance, assign any moneys due, or to become due,to SLODA for purposes consistent with this Agreement. SLODA agrees not to subcontract any portion of the performance contemplated and provided for in this Agreement, except that SLODA may enter into subcontracts for the sole purpose of carrying out promotional activities within the scope of the Ordinance with the consent of City. Nothing contained in this Agreement is intended to or will be construed as preventing SLODA from employing or hiring as many employees as it may deem necessary for the proper and efficient execution of this Agreement. 14. Insurance. SLODA shall obtain and maintain insurance as set forth in Exhibit B hereto,the requirements of which are incorporated herein. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party except after thirty(30) days' prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City. SLODA shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificate and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. "Claims made" policies of insurance are not acceptable unless the City Risk Manager determines that "occurrence"policies are not available in the market for the risk being insured. If a "claims made" policy is accepted,it must provide for an extended reporting period of not less than one hundred eighty (180)days. Such insurance as required herein shall not be deemed to limit SLODA's liability relating to performance under this Agreement. City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall only be made with the approval of the City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this Agreement. To the extent that SLODA subcontracts certain activities pursuant to paragraph 13 of this Agreement, SLODA may comply with the requirements of this paragraph 14 by providing certificates of insurance naming SLODA and the City of San Luis Obispo as separate additional insureds under the subcontractor's insurance, providing that the subcontractor's insurance meets or exceeds the insurance requirements of this paragraph 14, all subject to the approval of the City Risk Manager. C3 -$r l Affachment 15. Hold harmless and Indemnification. SLODA shall protect, defend, indemnify and hold City, its officials, employees, and agents (collectively in this Section referred to as "City") harmless from and against any and all claims, demands, causes of action, losses, damages, and liabilities, whether or not reduced to judgment, which may be asserted against City arising from or attributable to or caused directly or indirectly by SLODA, SLODA's employees or agents in the performance of work under this Agreement, or any alleged negligent or intentional act,omission or misrepresentation by SLODA, SLODA's employees or agents, which act, omission or misrepresentation is connected in any way with performance of work under this Agreement. If it is necessary for purposes of resisting, adjusting,compromising, settling, or defending any claim, demand,cause of action, loss, damage, or liability, or of enforcing this provision, for City to incur or to pay any expense or cost,including attorney's fees or court costs, SLODA agues to and shall reimburse City within a reasonable time. SLODA shall give City notice of any claim, demand,cause of action, loss, damage or liability within ten (10) calendar days. 16. Notice. Any notices to be given under this Agreement, or otherwise,maybe given by enclosing the same in a sealed envelope, addressed to the party intended to receive the same, at its address and by depositing the same in the U. S. Postal Service as regular mail,postage prepaid. When so given, notice will be effective from the time of mailing of the notice.For these purposes,unless otherwise provided in writing, the address of the City and the proper person to receive any notices on its behalf is the City Manager, 990 Palm Street, San Luis Obispo and the address of the SLODA is 1108 Garden Street, Suite 210, San Luis Obispo, California 93401. IN WITNESS WHEREOF, the parties,hereto have executed this Agreement this day of ,2009. SAN LUIS OBISPO DOWNTOWN ASSOCIATION, A 501(c)(6)Corporation. By: CITY OF SAN LUIS OBISPO By: David F. Romero,Mayor APPROVED AS TO FORM: By: an P. Lowell, City Attorney C3 -9 Affachment EXHIBIT A SCOPE OF SERVICES SPECIAL EVENTS: The events and/or activities set forth below are Special Events the continuation of which the City considers integral to the fulfillment of SLODA's obligations under the Agreement. As such,the City agrees to continue to provide, at the mutually agreed cost to the SLODA, the enumerated municipal services that have traditionally been provided to the SLODA in conjunction with the events/activities as set forth below and the SLODA shall continue to provide the following Special Events to the Downtown: A. Holiday Activities B. Concerts in the Plaza C. Thursday Night Promotions City services in support of the above events have traditionally included the following, which will continue uninterrupted: 1. Public safety support at levels determined appropriate by the City, including holiday parade escort. 2. Placement and removal of street barricades and coordination of street closures for holiday activities and Thursday Night Promotions. 3. Placement and removal of City-owned portable restrooms for Thursday Night Promotions. 4. Banner placement and advertising at 50% of standard City fees. (Note: SLODA shall retain its priority position with regard to the placement of street banners that promote activities that benefit tourism and business in the district, in addition to the Special Events above, within the scope of the Agreement,but shall be charged fees consistent with City policy for the placement of such banners) 5. Special Events Permit processing at 50% of standard City-fees 6. Street clean-up following Special Events 7. Holiday tree placement and removal 8. Free rental of Mission Plaza for placement of Santa's House and carousel and for Concerts in the Plaza. ONGOING SERVICES: In addition to the Special Events set forth above, SLODA shall provide, as needed, the following Ongoing Services to the Downtown. The costs of any City services required or requested in support of these Ongoing Services shall be allocated to the SLODA consistent with City policies applicable to other not for profit entities and pursuant to the terms of the Agreement. C3��C Affachment 1. Parkinzff ransportation a Distribute employee and customer parking brochures to targeted groups. b. Work closely with City staff to analyze and make recommendations to the City Council on ways to address employee parking issues. c. Work closely with City staff on the development of downtown construction public information programs. 2. Programming in Plaza a. Explore other event ideas such as movies, art fairs, poetry, etc. 3. Downtown Maintenance a. Continue to cooperate with Public Works Department staff to determine sidewalk scrubbing schedule. b. Disseminate cleanliness and safety information to members through publications and presentations. c. Work with City staff to get trash and recycling receptacles cleaned d Continue Downtown Forester program in assisting with tree maintenance. 4. Economic Development a. Work closely with City staff when developing marketing strategies for retail services and continue to implement Strategic Plan goals to maintain downtown retail health. b. Continue to facilitate business recruitment and retention in the Downtown. c. Continue to coordinate with City and Chamber of Commerce to get information to visitors on Downtown retail/shopping opportunities. d. Strengthen collaboration efforts with the Chamber of Commerce and other business and visitor groups to increase effectiveness of local and regional marketing. e. Get word out to downtown retailers and restaurants when conferences/events are in town and encourage them to do direct marketingloutreach. 5. Organizational Capacity Keep the City apprised of the status of SLODA's long term strategy for the fiscal sustainability of the SLODA, including strategies to: a. Maintain economic vitality and independence of the organization b. Identify options for development of other funding sources to be considered, pursued, and/or secured to supplement the organization's activities; C3 _ Aftachment c. Evaluate internal organization, and committee structure, and allocation of resources to identify changes needed to most effectively implement SLODA's mission and goals. ADDITIONAL PROVISIONS: Higuera Street The SLODA partially funded the installation of electrical conduit in Higuera Street to accommodate the potential for future electrical connections for use by Thursday Night Promotions vendors. A further capital project will be required to facilitate such connections. The City and SLODA have agreed to work toward accomplishing the connections over the term of the Agreement. However, SLODA recognizes that the completion of such a project will require additional funding and the parties agree that the cost allocation relating to the provision of such connections and post-installation maintenance issues,such as electrical service costs, are subject to further negotiation. C3 - - Aftachment , Exhibit B INSURANCE REOUIREMENTS: Consultant Services 1. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives,employees or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,officials,employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor, products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the C3-r3 Affachment 'i scope of protection afforded to the City, its officers, official, employees, agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects.the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers,officials,employees,agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. e3- 14 January 2010 To: Shelly Stanwyck,ACAO, City of San Luis Obispo From: Deborah Cash, Executive Director, San Luis Obispo Downtown Association The Downtown Association wishes to provide information to City staff to be communicated to the City Council regarding the management of the produce vending section of Thursday Night Promotions (TNP). Because the City contracts with the Downtown Association to hold the TNP event as part of the BID agreement,this memo is intended to provide updated information regarding that event. As of Thursday, January 28, 2010 the Downtown Association will assume the operation and management of the produce vendor segment of TNP from SLO County Farmers Market Association (FMA). This memo explains why this decision was made and why the Downtown Association Board believes it wills ■ Streamline efficiency, ■ Ensure public safety, and ■ Allow for increased communication between event holder(us) and event participants,including FMA produce vendors. While the Board values the relationship it has had for many years with FMA, over time certain challenges and lost opportunities have resulted in a review of the business model as it stands indicating that the dual layer of management no longer serves the event as it did when times were simpler and the event was less tightly controlled. With the Downtown Association's change to a non-profit entity from a city agency, it is now `on its own' with regard to liability and funding. The Board is particularly aware of the need to run the event in a manner where everyone upholds the rules and understands the need to make changes and hard decisions when necessary. After receiving the unexplained resignation of FMA market managers Peter and Linda Jankay from the TNP committee in the fall, the Downtown Association was forced to examine the implications of not having a liaison between the two agencies and therefore, no way to communicate with participants who, even though are present as a result of FMA permission, are still subject to traffic, safety, health and behavior rules to which the Downtown Association event in its entirety is legally subject. It is a priority for the Downtown Association to continue the operation seamlessly and smoothly with no interruption to the current produce vendors. All vendors have received or will receive a letter that explains the changeover and what they can expect as a participant—namely that they will be offered to continue their participation with no change to their fees, placement or arrangements currently in existence. They have been instructed to contact TNP coordinator Diana Cotta with any questions; the Downtown Association will be holding an information session for vendors as a forum for their concerns this coming Tuesday. The Downtown Association is proud of its 27-year record of holding one of the country's most successful and highly emulated "Farmers Market" activities. The Downtown Association believes this change in management will bring continued success and awareness to the event and anticipates a positive outcome for participants, guests, the City and the community. Cc: SLO Downtown Association Board of Directors Diana Cotta,TNP Event Coordinator Stephen W. Johnson,Attorney Christine Dietrick, Claire Clark, Robert Horch, City SLO From: M Darnell[SMTP:MLLENRAD9@ATT.NET] RED FILE Sent: Tuesday, February 02, 2010 2:04:38 PM MEETING AGENDA To: Council, SloCity Subject: Farmers DATE-4-1-ho- ITEM #Pr e�rhriovs Auto forwarded by a Rule Dear Council Members; 1 . 1 am deeply disappointed to read in The Tribune that the SLO Downtown Association has terminated their relationship with The San Luis Obispo Farmers Market Association. I can't imagine SLO Farmer's Market without the FARMERS! 2. The 27 year relationship between the Farmers Market Assoc and SLO Downtown Association appears to have been terminated in a disrespectful and abrupt manner, which I believe is harmful to the community. I would like to hear they are sitting at the table to restore their relationship. 3. The farmers feel as though they have been treated unfairly and think there is a solution to the problem — I believe they should be given the opportunity to sit at the table and work with the Downtown Association towards a solution. Respectfully, 9*90 P 6+aaa- [?COUNCILC7'CDD DIR I�eAOeh"ntcq. RINDS DIR MD ff`AGAB far C0V n3% -[ITI RE CHIEF C-('ATTORNEY a-PW DIA C'lCLERK/ORIG iOLICE CHF ❑ DEPT SHEADS. :P: REC DIA 'r7�$uNE C��'(�L-dIR From: MaryAnn Riley[SMTP:MARYANN.RILEY@GMAIL.COM] -._ Cr9s 61A Sent: Tuesday, February 02, 2010 2:15:15 PM LW nales � C'i74 M 6 2 To: Council, SloCity CCK Subject: Farmers Market& Downtown Assoc. Auto forwarded by a Rule I would like to express my desire to continue to have a high quality Thursday Night Farmers Market and that the foundation of this market be farm based goods. I believe the Downtown Association and Farmers Market Association (local farmers) are good organizations and I hope you can help direct them in a path to achieve these goals. Thank you for your assistance, Mary Ann Riley 805-547-1976 phone 805-748-4335 cell From: Bryce Halford[SMTP:BHALFORD@RECSOLAR.COM] Sent: Tuesday, February 02, 2010 2:16:39 PM To: Council, SloCity Subject: Farmers Market.Auto forwarded by a Rule If you are going to terminate the Farmers as the lead in the Framer's market event, you need to give reason and allow the farmers and the citizens of San Luis be heard. I believe you should reverse the termination and open negotiations to accomplish a solution that is better for the people. Bryce.Halford Design Engineering Manager REC Solar, Inc. 775 Fiero Lane, Suite 200 San Luis Obispo, CA 93401 Office: (805) 547-2625 Cell: (805) 458-7795 Fax: (805) 528-9701 Toll Free: (888) OK-SOLAR From: maggie kiersch[SMTP:M_KIERSCH@YAHOO.COM] Sent: Tuesday, February 02, 2010 2:23:21 PM To: Council, SloCity Subject: Thursday Farmers' Market Auto forwarded by a Rule Thursday night Farmers' Market has been a welcome addition to our community for the past 27 years. The reason these farmers are not being treated fairly after all the years of service to those of us living here is a mystery to us. Please listen to their concerns and treat them fairly just as you would want to be treated. Dr. and Mrs. T. A. Kiersch From: Russell Hodin[SMTP:HODIN INK@SBCGLOBAL.N" Sent: Tuesday, February 02, 2010 2:28:59 PM To: Council, SloCity Subject: Support the Farmers' Market Assn. Auto forwarded by a Rule to City Council Mayor Dave Romero;Vice Mayor Andrew Carter; Council members Jan Howell Marx,John Ashbaugh&Allen Settle City of San Luis Obispo 990 Palm Street San Luis Obispo 2 February, 2010 re: Downtown Association action to co-opt the management of certified farmers at Thursday Night activities Dear Mayor and Council, I am writing in support of the San Luis Obispo County Fanners' Market Association. The recent underhanded and aggressive action by the San Luis Obispo Downtown Association begs the question—why would they want to pursue an action which would result in an overall decrease in the effectiveness and resources of the farmers' own organization?What exactly would be gained?My sense that this action is capricious and retaliatory in nature has not been alleviated by official statements of the Downtown Association. In fact, it has been confirmed. What I would like to see happen is: — a revocation of the Downtown Association's action to disempower the SLO County Farmers' Market Association — a formal apology to the Farmers' Market Association — a commitment by the Downtown Association to support local produce sales at Thursday Night —an abandonment of the Downtown Association plans to move the farmer's stalls to Morro St. — a commitment by the Downtown association to dialog with all affected parties when developing policy&changes to Thursday Night activities — a commitment by the Fanners' Market Association to provide representation to the Thursday Night committee in a manner sober and constructive to dialog finally, and most critically, — a public re-affirmation by the SLO City Council that the Downtown Association's independent status is subject to council reconsideration and revocation at any time. A cornerstone of the farmers' success is their dedication to self-governing.Truly, the success of farmers'markets county-wide is due to their organization, the.San Luis Obispo County Farmers' Market Association.This county has a rich history of cooperative efforts created and maintained by our fanning community. We all benefit, so why needlessly put these cooperative efforts at risk? Let's commit to never again losing sight of the cooperative legacy of farmers and city as reflected in the success of Thursday Night Farmers' Market. Let's go forward together—energetic, open, honest, and creative! Yours, Russell Hodin 1570 Hansen Lane San Luis Obispo CA 93401 From: Tom Swem[SMTP:TCS@RPISLO.COM] Sent: Tuesday, February 02, 2010 2:45:25 PM To: Council, SloCity Subject: Farmers Market discussion Auto forwarded by a Rule Mayor and Council Members, I thought it would be good to give you my prospective as to the current discussions surrounding the Downtown Association making a decision to begin management of the Farmer's Market component of our Thursday Night Promotions and Activities(TNP).Let me begin with the fact that this was a business decision on our part brought on by the lack of communication and participation by the management of the Farmer's Market Association(not the Farmers themselves). In business in general, and SLO specifically,relationships,between business associates, are essential. That relationship has been strained for some time between the FMA(director) and the DA.We found out that their BOD didn't even know of a problem and we also learned that they didn't require their Farmers to have insurance for the Thursday night market. Late last year the FMA resigned from the DA committee and seemed disinterested in continuing reasonable conversation or relationship. With that in mind as well as the two issues most specific to this discussion,those being; 1) we had no current contract with the FMA and 2)the DA being an expert at holding events and promoting and operating all the Thursday Night Promotions and Activities,the door was open for us to discuss having all of the TNP under one management umbrella. It seemed a rather straight forward business decision to move forward and incorporate the Farmers into our,already operating,business plan. We found we could do that without affecting any of the individual Farmers(NO increase in fees), in fact,we see many opportunities to make this section of Higuera even better in the coming months. The only issue here is with the management group change and they seem to have a lot of money to attempt to sway public opinion. Interesting.... I ask that all of you allow the DA to continue our professional operation of all the TNP activities and rally around the fact that we always have had the best interests of Downtown San Luis Obispo with everything we've done. The exciting and very well known Thursday Nights here in Downtown San Luis Obispo speak for themselves. Thank you for your time and I hope to see you this evening. Also,please feel free to give me a call should you wish to further discuss this. A longtime member, and former President(2001),of the Downtown.Association Board of Directors, Tom Swem,CCIM DRE Lic#00571580 Real Property Investments 570 Marsh Street San Luis Obispo,CA 93401 1-805-544-4422 1-800-549-4422 Commercial-Investment Sales and Leasing...34 years in SLO Real Estate From: Mark Adams[SMTPtMARKADAMS12@GMAIL.COM] Sent: Tuesday, February 02, 2010 3:31:42 PM To: Council, SloCity Subject: farmers market Auto forwarded by a Rule Please do not destroy or move farmers market. My family and out of town friends have enjoyed the farmers market for 23 years. I want to remind the city council I pay taxes on the street and side walks. Look what happened when we lost control of our police department; they gave themselves a 22% raise. I want the city council to cancel the contract with the downtown association and let the citizens who own the streets and sidewalks have control of our town. If the downtown association prevails I will no longer visit the downtown area. CHANGE THE CONTRACT AND LET THE CITIZENS HAVE THEIR COMMUNITY BACK. I really wonder how the council people represent these days; it's not the citizens which pay the majority of taxes and city employee's salaries. Mark Adams From: Raquel Elias[SMTP:1623ELIASgSBCGLOBAL.NET1 Sent: Tuesday, February 02, 2010 4:02:50 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Hello, As a member of this community (Avila Beach and San Luis Obispo) since 1971, I have seen many changes to the town. I urge you to let the local farmers run the Farmers Market. Don't turn the Thursday night activities into a giant bar scene. Keep it family friendly with the farmers front and center! Thank you, Raquel Elias 1 .� C CALIFORNIA WOMEN for AGRICULTURE February 2,2010 Honorable City Council members City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Sent Kia Email Only Elaina Cano, City Clerk for Mayor Dave Romero Vice Mayor,Andrew Carter Council Member Allen Settle Council Member Jan Howell Marx Council Member John Ashbaugh RE: Management of Thursday Night Farmers'Market Dear City Council members: The San Luis Obispo County Chapter of the California Women for Agriculture ("CWA"), appreciates this opportunity to present to you our position and comments,as set forth below,for your consideration when determining the future management of the farmers'market component of Thursday Night Promotions("INP"). CWA is an organization dedicated to the economic stability and viability of production agriculture and agri-tourism in San Luis Obispo County. CWA believes that one essential component to preserve the economic viability of agriculture is consumer awareness and education. Accordingly, CWA encourages consumer based educational programs, including farmers'markets, to enhance consumer's understanding of agriculture. CWA supports farmers' markets because it puts a"face with a farmer," which allows consumers to(1) learn more about how their food is grown; (2)where it comes from; and(3)make the connection that there is an actual person behind the fresh and healthy produce it purchases. CWA is concerned that management of the farmers'market component of TNP, by a non-farmer group,may reduce farmer participation and damage the overall quality and success of Farmers' Market. To that end, CWA encourages you to carefully consider the unintended consequences that this change may have on the fanners who participate in the Farmers'Market, and further urges you to ensure that (1)the farmers are well represented on the INP committee; (2)space fees will not increase;(3) 1 CWA is a non-partisan,non-sectarian,non-profit,all volunteer organization committed to improving the quality and sustainability of the agriculture industry representing. space size will not decrease; and(4) space assignments will remain advantageous for all produce, flower,and agriculturally related vendors. CWA further encourages the City to support the original purpose and intent of Certified Farmers'Markets;to allow farmers to sell directly to the consumer. The farmers'market experience provides a great social and economic benefit to farmers, consumers,and the community. CWA hopes that this tradition will be preserved and continue in downtown San Luis Obispo. Very Truly Yours, Krista McNinch Kodl SLO County CWA, President Page 1 of 3 Romero, Dave k?Hno �cou.Kcl�-� WU Mn From: SLO Downtown Association [sloda@downtownsio.com] 2TA&e40 A;E RrFIN DIR �A��Y�Ja'FIRE CHIEF Sent: Tuesday, February 02, 2010 1:20 PM 1PW DIR CLERWORtaSICLU CE CHF To: Romero, Dave DE_�09 DIA Subject: What's Happening at Farmers' Market Dlfi T --�� ZHR DIR A)w*0mE5 -, ex"W-lt If you're having trouble viewing this email, you may sec it online. send this to of friend owntown San Luis Obispo v5 D . Downtown Association The Downtown Association has received a lot of negative press lately, and some questions from you, about a decision made by your Board of Directors regarding Farmers' Market. We hope this perspective will clarify for you any concerns or questions you may have. Farmers Market Perspective The SLO Downtown Association Board of Directors recently voted to assume direct management of farmers at the farmers market. This decision has raised questions like: Why did this happen? How did this happen? What now? The answers to these questions make more sense if one understands the organizational framework of this important community activity. The Downtown Association established Thursday Night Promotions (TNP) in 1983. It has continually operated the event which, although is generally referred to as "Farmers Market," is actually a street fair with a variety of participants including food and merchandise vendors, entertainment, barbecuers, not for profit, educational and political booths, special events—and farmers. The established arrangement was that Farmers Market Association oversaw the management of the farmers but was subsidiary to its host. Perhaps a misunderstanding about this relationship by the participant has contributed to the debate about whether the Downtown Association was fair—or justified—in its action. RED FILE MEETING AGENDA R E C E I V F�' So why did this happen? DATE._. ITEM # FEB 2 - 2019 SLO CITY CLERK 2/2/2010 Page 2 of 3 The assertion that this change occurred suddenly and with no notice is not accurate. Issues over the years have caused problems where the Downtown Association needed to make a call on a matter and was met with resistance, not from the farmers themselves, but from their representative to the TNP committee. This culminated in the representative resigning from the committee and severing all communication between the Downtown Association and the people on the street—for whom the Downtown Association is liable. The Board, upon learning that issues were developing whereby it needed to communicate directly with the farmers about traffic and safety matters— and had no means by which to do so—decided the solution was in the problem: take over direct management of the farmers from the previous agent. How did this happen? Over a period of about two months, staff researched other communities' markets, looked into what permits were required, talked to people in the farming community and developed a business plan and a mission statement. The Board received the information, considered the options and consequences of not taking immediate action and made the choice it did, emphasizing the number one concern was that the farmers be carefully considered and not negatively impacted in anyway. Once the decision was made, the farmers were informed individually that within two weeks they were to be grandfathered into the event at their same rate in their same space under our management. They were invited to join the TNP committee and directly participate in decisions on their own behalf. This same notice was provided at the same time to the market manager and mailed to the FMA board president. Now what> We have assured the farmers and the community that fees and space assignments will remain in place. We have obtained the necessary permit to hold a Certified Farmers Market and hired a market manager to deal one on one with the farmers. It will be up to the committee, and its farmer members, to review any proposed changes as they come up. Decisions will be made by the farmers for the farmers. Internally, we are excited about the possibilities this new era will bring: promotional opportunities, increased awareness—making the event more about the farmers now. A lot of good can come from the change! At last Thursday's market, it was 'business as usual; with farmers in their stalls and people happily shopping and filling their bags. There will be a presentation to City Council on Tuesday, February 2 to illustrate why the Downtown Association, 2/2/2010 Page 3 of 3 as the owner of the event, was within, its rights to make the decision it did and that ultimately it will bring efficiency, reduced liability and increased opportunities for all participants. Deborah Cash, CMSM, Executive Director SLO Downtown Association dcash@downtownslo.com San Luis Obispo Downtown Association 1108 Garden Street, Suite 210 San Luis Obispo, CA 93401 805-541-0286 sioda(a)downtownslo.com I www.downtownslo.com This email was sent to dromero@slocity.org. To ensure that you continue receiving our emails, please add us to your address book or safe list. manage your preferences I opt out using TrueRemove@. Got this as a forward?Sian up to receive our future emails. powered by emma 2/2/2010 r�r , 1 From: Donald.Pinkel[SMTP:DONPINKEL@GMAIL.COM] Sent: Tuesday, February 02, 2010 10:46:00 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Dear Council Members: The weekly Farmers Market is a major attraction in San Luis Obispo, one of the major reasons why my numerous children and grandchildren love to visit us. The participation of the local farmers is perhaps the most important reason for the Market's success. The recent action of the Downtown Association to completely usurp the Market is not just a blow to the farmers but to the city, its citizens and its numerous visitors. Please do all that is possible to override this action by the Downtown Association. Thank you! Sincerely, Donald Pinkel,MD Cathryn Howarth,MD 275 Marlene Drive, SLO 93405 From: Darlene A. Bik[SMTP:DBIK@BIK.COM] Sent: Tuesday, February 02, 2010 10:48:07 AM To: Council, SloCity Subject: GIVE THE FARMER'S BACK THEIR FARMER'S MARKET Auto forwarded by a Rule Give the Farmer's back their market. They Dave been running it successfully for 27 years. GIVE IT. SACK. Darlene A. f)ik From: Bill Bush[SMTP:WWBUSH@CHARTER.NETI Sent: Tuesday, February 02, 2010 10:58:35 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule As a 15 year Morro Bay Resident I have truly enjoyed my Thursday evenings attending the SLO Farmer's Market. Truly, I have enjoyed every aspect of the.Market from the food, to the products sold, to the entertainment. It was also nice to see the Market featured in the Sunset magazine several years ago and the exposure to the City of SLO. As are many in our communities, we are puzzled by the recent notice that the SLO Farmer's Market(SLOFM)was going to be"taken over" by the SLO Downtown Assoc(SLODA). Certainly the SLOFM has made the community aware of the SLODA notice to"take over"and they appear to be clueless as to why anyone would Also puzzling is why the SLODA has not come for h to the community(unless I have missed it) with details or information regards went into its decision requiring SLODA to foist their decision upon,the SLOFM. This leads me to believe the SLODA is doing something underhanded and would NOT LIKE the community to know why its action is being taken. I know many of us in the community would Like to see the SLODA come public with some communication so this cloud does not remain over either party to the action. I do not expect a response to this E-Mail because I'm sure you have received too many to respond to. My personal preference is to allow the control and direction of the Thursday Night Farmers Market with the SLOFM and allow a very nice and helpful Market to continue in its present format and location. Whomever you are, have a nice day! From: Agatha Reardon [mailto:agathar@charter.net] Sent: Tuesday, February 02, 2010 10:14 AM To: Cano, Elaina Subject: Farmers Market Issue Good Morning, Elaina, I will not be able to attend this. evenings City Council Meeting, but want to make some comments. There is such a lack of information, both in the newspaper and in the January 14 Letter from Deborah Cash to Shelly Stanwyck, that for me, it is difficult to understand what is going on. There are so many unanswered questions. One example: The letter makes a reference to lack of liaison because two people left the organization. Was there any effort made to re-establish a liaison in order to keep communications open, and to resolve any situations that involve any issue such as liability, rather than to immediately take over management of the event? The Farmers Market organization has seemed to be doing a great job for so many years, why was such a sudden decision necessary? Or was it sudden? Who knows? Thank you for the opportunity to submit my questions. Sincerely, Agatha Reardon 1275 Manzanita Way San Luis Obispo, CA From: jnielsen[SMTP:JNIELSEN@CALPOLY.EDU] Sent: Tuesday, February 02, 2010 11:33:19 AM To: Council, S1oCity Cc: Justine Nielsen Subject: Thursday Night Farmer's Market & SLO Farmer's Association Auto forwarded by a Rule Dear SLO City Council members -- As a 25 year SLO County resident, I've come to value the region's valuable farming community. They work together with the rest of the county population to ensure safe, fresh produce is available regularly and seasonally. We're able to buy direct from the families who grow our food, getting to know them personally and valuing their expertise. It's a major benefit of living in a small town. Over the years, the Thursday Night SLO Farmer's Market has grown to include other cultural and recreational events, but the true spirit of the night has always stemmed from the different parts of the community coming together to celebrate our farming roots. It's been recently revealed that the SLO Farmer's Association has been removed from the management team of the Thursday Night Farmer's Market. I believe the SLO Farmer's Association has been treated unfairly. Long-standing community relationships have been threatened by the poor handling of this situation. Management of the event must incorporate the farmers' concerns. It's not SLO Downtown Thursday Night Party Zone; it's the SLO Downtown Thursday Night Farmer's Market. Keep the farmers involved in the management of this famous and well-loved event. Thank you. ------------------------ Justine Nielsen Resident of Los Osos and Cal Poly staff member and alumna (GRC 195) From: Malena[SMTP:SLOMALENA@GMAIL.COM] Sent: Tuesday, February 02, 2010 11:38:18 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Please help the Farmers' Association and the Downtown Association come to an amicable resolution of their problems. As you all well know,the SLO Farmers Market is one of the jewels of the city and is world renowned we cannot let their dispute ruin a relationship that has lasted 27 years. Without knowing all the details I am leaning toward the farmers position;however,I think that with your help both sides can work this out for the good of our community. Although, I now live in Grover Beach I think all of the citizens of San Luis Obispo County believe the Farmers Market belongs to us. Thank you for your consideration in this matter. Sincerely,Mary Ellen Maldonado From: CMMICN@aol.com[SMTP:CMMICN@AOL.COM] Sent: Tuesday, February 02, 2010 12:44:07 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Dear San Luis Obispo City Council: Please encourage your Down Town Association to resume their working relationship with the FARMERS' MARKET ASSOCIATION or give a reason for termination. I shop the San Luis Obispo Thursday Night Farmers' Market every week and have for years. It's convenient for me when I leave work. I will change my work schedule so I can attend the Morro Bay Farmers Market at Spencer's if necessary to support our local fanners. Sincerely, Chris Morro Bay From: Jeanne Rutledge[SMTP:JEANNERUTLEDGE@YAHOO.COM] Sent: Tuesday, February 02,2010 12:17:34 PM To: Council, SloCity Subject: Farmers' Market Auto forwarded by a Rule i My husband and I signed the petition at Farmers' Market last Saturday. We disagree with your unexplained,unreasonable and unnecessary termination of the Farmers' Market Association lease. We feel the downtown Farmers' Market is best served and administered by the Fanners'Market Association. Your decision to terminate their relationship with downtown San Luis Obispo should be reversed, as the Downtown Association is less qualified than the Fanners' Market Association, as it lacks the experience and knowledge that the Farmers' Market Association has gained over the past 27 years. Bill and Jeanne Rutledge 289 Westmont Avenue San Luis Obispo, CA 93405-1055 Phone: (805) 544-0709 Fax: (805) 549-8696 E-mail: jeannerutledge@yahoo.com From: Bob and Joyce Del Pesco[SMTP:SLOJANDB@CHARTER.NET] Sent.: Tuesday, February 02, 2010 1:08:25 PM To: Council, S1oCity Subject: SLO Farmers Market Auto forwarded by a Rule We believe the SLO County Farmers Market Association is being treated unfairly. They have made the SLO Farmers Market what it is today and they should have a say in how the Farmers Market is run. Please let our concerns be known at Tuesday night's council meeting. Thank you, Bob and Joyce Del Pesco From: Sandra Rowley [mailto:macsar99@yahoo.com] Sent: Mon 2/1/2010 4:15 PM To: Romero, Dave; Carter, Andrew; Settle, Allen; Jan Marx; Ashbaugh,John Subject: Farmers Market Re: Presentation -Thursday Night Promotions and Fanners Market Dear Mr. Mayor and City Council Members, I am writing in support of the continued participation of farmers and the SLO County Fanners Market Association in our city's weekly Farmers Market. In recent years the Fanners Market has expanded. In addition to produce and flowers, food and apparel can be purchased on the street as well. Space for voter registration and various non-profit organizations can be found there,too. It is an eclectic mix that mirrors the city. But the core of it all is, and in my opinion should remain, the farmers. Downtown stores and restaurants can be visited anytime;but the Farmers Market occurs for only three hours once a week. It's a place for residents to go, a draw from near-by cities, and a quaint and positive way to introduce tourists to our city. And,based on the number of people I see there on Thursday evenings, a boon to retailers and restauranteurs. We now allow sidewalk dining. It is a privilege, not a right. If the new sidewalk dining cannot coexist with the established Farmers Market,perhaps the City should re-look its approval of the sidewalk dining. The situation is akin to people building a house near a regional airport then demanding the airport be closed because the traffic or noise is bothersome. Progress is inevitable,but it should not come at the expense of tradition. And progress need not be accompanied by bullying, nor should it. The recent actions by the Downtown Association may not be an attempted power grab— but it certainly looks like it is. Whatever it is, as members of the Council, I ask that you stop it. Sandra Rowley SLO Resident From: John Peterson [mailto:drhort@yahoo.com] Sent: Sun 1/31/2010 9:26 PM To: Romero, Dave Cc: Carter, Andrew; Settle, Allen; Marx, Jan; Ashbaugh, John; Lichtig, Katie Subject: SLO Farmers Market Mayor Romero: As a matter of perspective... I think the way that the Downtown Association has handled the Farmers Market issue been a textbook example of how not to handle an issue like this, and it has been a disaster for them. There is a clear impression that the association handled this as a sneak attack... and no one has any respect for tactics like that. They have provided no reason or justification for their action. They showed very poor judgment in not attempting to work something out with their stakeholders. This matter should be immediately resolved and the partnership relationship with the farmers which has been a foundation of the SLO Farmers Market should be preserved. The City should revise the issuing of the permits for the Farmers Market so that they are issued jointly to the Downtown Association and the Farmers Association... to force collaboration. Collaboration is key to success in any situation like this when something like this is so important to so many people and so significant to the community. This matter has been handled so ineptly that perhaps the Executive Director of the Downtown Association should resign. What was she thinking? I offer my perspective as a citizen of San Luis Obispo and a person who has enjoyed the Farmers Market for may years. Dr. John C. Peterson 611 B Paseo Bella Montana San Luis Obispo, CA From: Harry L. Fierstine [mailto:hfiersti@calpoly.edu] Sent: Sat 1/30/2010 11:05 AM To: Settle, Allen Subject: Farmers Market Dear Dr. Settle: We support keeping San Luis Obispo's Farmers Market under the administration of the Farmers Market Association. For 27 years the Association has helped make our Farmers Market a magnet for tourists as well as locals. The San Luis Obispo Downtown Association has provided no sound reason for this change. Harry and Arline Fierstine 640 Park Avenue San Luis Obispo From: Linda Baggett[SMTP:LBAGGETT@CUESTA.EDU] Sent: Tuesday, February 02, 2010 1:20:45 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Hello, Please let the farmers continue to have a say in their affairs during Thursday and Saturday Farmers Market. Thanks you Linda From: Constance DePiero(SMTP:CDEPIERO@SBCGLOBAL.NET] Sent: Tuesday, February 02,2010 1:25:16 PM To: Council, S1oCity Subject: Support for Slo County Farmers Market Association Auto forwarded by a Rule I I i To the City Council of San Luis Obispo; I feel that the SLo County Farmers Market Association is being treated unfairly concerning the decision to terminate their operating of the farmers part of the Thursday night Farmers Market. This decision was done without the input of the SLo County Farmers Market Association or the public. Please support the farmers of the SLo County Farmers Market Association and allow them to continue to have a direct input into the running of the Farmers Market portion on Thursday night. Thank you, Constance and Fred DePiero 348 Corrida Drive San Luis Obispo, Ca. 93401 From: richard scangarello[SMTP:SCANGARELLO@HOTMAIL.COM] Sent: Tuesday, February 02, 2010 1:34:25 PM To: Council, SloCity Subject_: Farmers Market Auto forwarded by a Rule Dear City Council, What were you thinking when you cancelled the.contract with the Farmers and Farmers Market???? SLO Farmer's Market has been the prototype for all Farmer's Markets all over the country. It is a very big part of the SLO downtown as well as part of the SLO culture. I guess the bigger question is WHY? Whose decision was this and what is motivating it? Is this just another case of government telling the public what they think we need and NOT what we want or is there some other agenda involved? Don't think for a moment that this is what the citizens of SLO want, it isn't and we will be in full force to make sure that you know it. I hope you reconsider your decision this evening and listen to the public for a change. Rhonda Scangarello Anotefrom... j- U Mary Rivas _ � �� 2- ay � �-• �, . - Z; rti y4i�- eI Ms.Maryry B.Rivas 324 MV Ln CA 93420.2933 r 1 /..� Arroyo Grande, c t• "`�": •i�aE f yy �ZY•.n �. '�zv �Py viiia-� iSCOUNCIL 13-ODD DIR From: Lisa Chadwick SMTP:LMCHADWICK GMAIL.COM c"fie C1 FIN DIR 1 °� «/teC�e FIRE CHIEF Sent: Tuesday, February 02, 2010 5:45:52 AM C�ATTORNEY B-PW DIR To: Council, SloCity [3`CLERK/ORIG Z'POLICE CHF Subject: Farmer's Market p ❑ DEPT HEADS 2-REC DIR Auto forwarded by aRule [� ��P' 2*fJTIL DIR fid— Q'HA DIR i ,)6a nm� ealuca� Dear SLO City Council - ' cl,N'414e- - I hope you can find a way to mediate between the Downtown Association and the SLO Farmer's Market Association. I am appalled that the DA handled this so poorly and thoughtlessly. It does nothing for helping me want to support the DA in their efforts to make a strong downtown. My support is for the SLO Farmer's Market Association. Sincerely, RED FILE Lisa Chadwick MEETING AGENDA Arroyo Grande DA O ITEM # haus From: Carole Toerge[SMTP:CAROLETOERGE@YAHOO.COM] Sent: Tuesday, February 02, 2010 6:07:14 AM To: Council, SloCity — Subject: Farmers Market Auto forwarded by a Rule Please leave'a good thing alone. We are definitely on the side of the Farmers on this. Carole and Fred Toerge Cayucos From: frstcls@aol.com[SMTP:FRSTCLS@AOL.COM] Sent: Tuesday, February 02, 2010 7:06:19 AM To: Council, SloCity Subject: farmers market Auto forwarded by a Rule regarding the relationship between the Downtown Assn. and the SLO County Farmers Market Assn. , it is my feeling that these two entities should find a way to work together and the Downtown Assn. should not elminate or "fire" the Farmers Market Assn. . This organization has been in place forthe last 27 years and the Farmers Market on Thursday nites and Sat. that I have attended seems very well organized. These farmers live on these "markets" and should have a say on what transpires at these markets. The Farmers Markets are mainly comprised of "farmers! " After all these community events are called, "Farmers Markets! " I strongly urge and employ the City Council to stop this action and not terminate this relationship! This is just another display of political power! What's happening to the "little guy?" We must stop this! Rene/West End Espresso & Tea 805-543-4902 From: Mary Ann Millington[SMTP:M.MILLINGTON@ATT.NET] Sent: Tuesday, February 02, 2010 7:53:49 AM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Council Members: Farmers Market should be left to the farmers not to the Downtown Business Association.Do you realize or even care how this is going to hurt the small farms that maybe on a goodnight pull in $80 for their produce. Please back the Farmers. Mary Ann Millington From: Barbara-Jo Osborne[SMTP:BJ@BJOART.COM] Sent: Tuesday, February 02, 2010 7:54:31 AM To: Council, SloCity Cc: Noah Smukler; Janice Peters Subject: farmers market take over by the downtown association Auto forwarded by a Rule When I go to the Farmers' Market it is so that I can buy from the Farmers. NOT so that I can buy from some group that is concerned about city revenue.. isn't the whole point of a Farmers Market to get away from "business" as usual. guess what? cut off the Farmers Market folks and they will take their business elsewhere. to some more friendly city - like say, Morro Bay. they will leave SLO and you'll be stuck having to renegotiate their contract for higher fees to get them back. just thinking. Barbara-Jo Osborne 772-4155 336 Main Street Morro Bay, CA 93442 From: Conny Langer[SMTP:ONLYFORDOLLS@YAHOO.COM] Sent: Tuesday, February 02, 2010 8:05:38 AM To: Council, S1oCity Subject: Farmers'Market Auto forwarded by a Rule I hope that the Farmers' Market is allowed to continue under their longstanding arranngement. I am convinced that the Downtown Association is motivated by financial considerations for their own use rather than any altruistic reasons. We want farmers to continue to supply the food for our use. They need the marketing outlet that they have historically had. If businesses don't like that, chances are they are new businesses as are most in our small town. Personally I do not shop at the stores downtown except for 2 and those rarely. I also do not shop any longer at the Thursday night market due to the hordes of rude students and the awful smell from the barbecues. I attend the Saturday Farmers'Market weekly. If the town wants to attract visitors who will spend money, continuing this attraction is vital. Don't let some greedy administrators at the downtown association ruin it. Thank you for reading this. Conny Langer From: Rick Abbott[SMTP:ABBOTTI4@ATT.NET) Sent: Tuesday, February 02, 2010 8:19:35 AM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Dear Mayor and Council, I and my family are only recent members of this community, having moved here last May. We have enjoyed our live style change to this beautiful area and all that it offers. We have many visitors who come to stay with us, including our married children and grandchildren. Our oldest granddaughter, Jayne (7) , always instructs people who are coming to visit us to include Thursday on their plans to attend the Farmers Market. Even for newcomers, the Farmers Market, has become a familiar and favorite part of our weekly life. It is hard for a newcomer to assess the impact of an event such as this on the life of the community. I can only express how it has impacted our experience here in SLO. We intend to make SLO our home 1 - for the rest of our lives and hope to include the Farmers Market as part of our weekly life. I am not sure why the Downtown Association feels the need to change things. Maybe there are some underlying reasons that the average citizen doesn't know about. But I am reminded of that old saying: "If it isn't broken, don't try to fix it. " My opinion is that the Farmers Market doesn't appear broken! Thank you for your consideration, Rick & Lisa Abbott 1699 Tonini Drive San Luis Obispo From: E Marshall[SMTP:ELLIOTTMARSHALL@SBCGLOBAL.NET] Sent: Tuesday, February 02, 2010 8:29:40 AM To: Council, SloCity Subject: SLO County Farmers' Market Association Support Auto forwarded by a Rule I support the SLO County Farmers'Association, Hopefully the City Council can forge an amicable relationship going forward. Thank You......Donna Marshall From: mrampone@sbcglobal.net[SMTP:MRAMPONE@SBCGLOBAL.NETI Sent: Tuesday, February 02, 2010 9:01:01 AM To: Council, S1oCity Subject: Re: Farmers Market Auto forwarded by a Rule The Farmers' Market Association is an active participant of this country's and city's free market enterprise system. The Downtown Association is most likely, indirectly associated with the city government. The Downtown association has lacked transparency as to their reasoning for taking over the Farmers market and thus appears as a budgetary "money grab" . The function of Downtown associations is to be a liason between city government and the free market enterprise and to plan events for downtown, not run them, let's leave that to the free enterprise. Best regards, Alexander Rampone. Sent from my Verizon Wireless B1ackBerry From: Helen Waterbury[SMTP:HELENWATERBURY@SBCGLOBAL.NET] Sent: Tuesday, February 02, 2010 9:08:00 AM To: Council, SloCity Subject: Farmers' Market Auto forwarded by a Rule Plese help the Farmers' Market Association maintain their control of this important San Luis Obispo asset. Helen Waterbury San Luis Obispo From: VIVIAN LONGACRE[SMTP:CPINKVIV@SBCGLOBAL.NET] Sent: Tuesday, February 02, 2010 9:09:55 AM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Please revisit the decision of the SLO Downtown Association to terminate it's relationship with the SLO County Farmers Market Assoc. The Farmer's Market Association should be allowed to operate the Thursday evening market as they have done for many, many years. Maintaining a sustainable community should be one of YOUR first priorities as we move into the future. Communities where folks can shop and procure fresh produce from local farmers benefits everyone and creates a sustainable community. The Farmer's Market Assoc. needs to be able to maintain the revenue they receive from Thursday evening market to remain viable. The greediness of the Downtown Association will not benefit anyone but them. If they take over the Farmer's market on Thursday evening we all lose; the community, the farmers and the market. Vivian Longacre 291 Lincoln St San Luis Obispo, CA From: marcia rice[SMTP:RICEATPASO@MSN.COM] Sent: Tuesday, February 02, 2010 9:12:03 AM To: Council, SloCity Subject: farmer's market Auto forwarded by a Rule Honored Members, The farmer's market on Thurs. nights is a well known institution. It draws from all over the county including the North County where I reside. I find it difficult to believe that the down town association is better equipped to manage the farmer's .part of the market than the farmers. Therefore I suspect pressure from some outside source (read developer ) has instigated this situation in.hopes of slipping one by you. I, for one, will pass on any more thurs nights in SLO until the farmers are back running their part of the market. Marcia Rice San Miguel From: Dana Doss[SMTP:CAMERAECT@CHARTER.NET] Sent: Tuesday, February 02, 2010 9:25:08 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule I feel the Farmers Market has been run great all these years, why change it now. There is more to this story then we are being told. The Farmers should have a say on how the Farmers Market is run. Please be fair to the people who have run it so well all these years. Thank You, Laurie Doss From: Dot[SMTP:6DGRAVES@SBCGLOBAL.NET] Sent: Tuesday, February 02, 2010 9:40:25 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule City Council Members It seems we have a Farmers Market that has been under good leadership for 27 years. Do not give the leadership over to the Downtown Association when it has been working so well for the people of San Luis. Thank You From: Ruth Smith[SMTP:RUTHROM81@YAHOO.COM] Sent: Tuesday, February 02, 2010 9:48:58 AM To: Council, SloCity Cc: ruthrom8l@yahoo.com Subject: Farmers Market Hijacking Auto forwarded by a Rule 2-2-10 We, Elmer and Ruth Smith, residents in this City since 1945, think that the highjacking of the Farmers' Market from the Farmers by the Downtown Association is wrong, unjust, unthankful, and completely out of touch in underestimating the rapport between the Farmers and the public. Please do no let this injustice stand. It will hurt our beloved City. Elmer and Ruth Smith 271 Ramona Drive San Luis Obispo 543-7151 From: CHIEFCC@aol.com[SMTP:CHIEFCC@AOL.COM] Sent: Tuesday, February 02, 2010 10:10:43 AM To: Council, S1oCity Subject: SLO Farmer's Market Auto forwarded by a Rule To the Mayor and all members of the City Council We ask you to reconsider and put the Farmers Market back into the hands of the Farmers!!! We are not entirely sure what the problem is, as perceived by the SLO Downtown Association, but we are VERY SURE that taking the Farmers out of the planning and decision making loop is NOT THE SOLUTION. It is both foolish and an insult. The Farmers Markets in SLO and all the surrounding communities are a special asset of this area. Don't try to fix it... it's not broken. If there are specific issues, solve them, but don't change the management by eliminating the Farmers. Harry&Judy Schenck From: BRADLEY PRIOR[SMTP:BRADANDSUE6190@SBCGLOBAL.NET] Sent: Tuesday, February 02, 2010 10:18:40 AM To: Council, S1oCity Subject: Farmer's Market Auto forwarded by a Rule Let the Farmers have a voice in how our Farmer's Market is run. Sue Prior 1085 Pauline Way SLO 93401 805-783-1781 From: Landofrumboogie@aol.com[SMTP:LANDOFRUMBOOGIE@AOL.COM] Sent: Tuesday, February 02, 2010 10:18:18 AM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule we have lived Ln CaLLforvan for 4o dears and have recently moved to Morro gad. When our famU. would visit the eentraL coast, n bLe draw wns to attend the Thursday Farw er's McOzet Ln st_o. Now that we are wearer Lt Ls som,etKng we do on a reguLar basis. your decision to tMze controL of this event smaci?s of tKngs unworthy of prLnt. if fou do succeed Ln this, r and my fCimU� (there are vi.Lne of us) proms se to bo�rott dour Thursday nLght af faw. I Can go to other farmer's MO(Ozets for vKU produce and I can go to other towns for mL entertaLnmeot. s. seg Ler From: Rosemary Orr[SMTP:K40RR1 @MSN.COM] Sent: Tuesday, February 02, 2010 10:31:21 AM To: Council, SloCity Subject: We will move. Auto forwarded by a Rule To SLO City Council; Your decision effects the local farmers and all taxpayers in SLO county on so many levels. I was planning on selling our produce (citrus) from SB County at the market in SLO. I was told by Peter (from the Farmer's Market), that we could join the market on Thursday nights. We will probably have to sell our home and move out of the area as we can not pay the mortgage - for lack of income. We moved here in the summer from Santa Barbara because of my husband's new job. He was laid off from his job in SLO last month because the company shut down manufacturing. The prospect of making it through these difficult times with income from the Thursday farmers market is no longer available for us. Please think of folks like us in our situation (and there are MANY) when you consider the farmers and their markets, which for some is their only source of income. Yours faithfully, Rosemary Orr-Gardanfalvi 8537 Santa Rosa Road Atascadero 464-2131 _4AIZD eetoy &U-t L 17-COUNCIL TCDD DIR i 2'QAe&*i4oe_ FIN DIR From: Natalie Long[SMTP:NATALIERLONG@YAHOO.COM] p ACAO�,c,ry sYe. prFIRE CHIEF Sent: Thursday, January 28, 2010 4:38:48 PM &ATTORNEY 21'PW DIR To: Council, SloCity ZCLEKOM 2'POLICE CHF Subject: Farmers' Market Association/Downtown Association 1, 0 DEPT HEADS Z'REC DIR Auto forwarded by a Rule ! y �'r'' 2T UTIL DIR B`HR DIR A)&d Vn6,;!5 CoUX-tzc, Hello, �GcTtj I've been reading about the Downtown Association's decision to operate the entire C'4-Mk�_ SLO Farmers' Market, terminating the SLO County Farmers' Market Association's contract. It seems a big mistake to take away the Farmers' influence on our Farmers' Market. I wonder if the Downtown Association really has any concept of how our community, as well as our visitors, enjoy the fresh produce, flowers, etc that the farmers provide? It is just as important, if not more important than the activities provided during Farmers' Market. It seems logical to think that if the Farmers are not involved in the leadership and planning of the SLO Farmers' Market, their valued presence may be affected. Thank You for your time, Natalie Long RED FILE - MEETING AGENDA From: Dorothy Yelda[SMTP:YELDA805@CHARTER.NET] DATE,,*9TEM # e-_,mwr4,zoas- Sent: Thursday, January 28, 2010 4:50:03 PM To: Council, SloCity Subject: Farmers' Market Association Auto forwarded by a Rule I have been shopping for organic fruits and vegetables at Thursday night farmers'market since it was opened. The farmers are doing an excellent job; there is no need for any change. Thank you, Dorothy Yelda From: Penny Sullivan[SMTP:PENNYJSULLIVAN@YAHOO.COM] Sent: Thursday, January 28, 2010 5:06:11 PM To: Council, SloCity Subject: FARMERS market Auto forwarded by a Rule Greetings our City Council, Our Thursday night market is known nation-wide for its originality and depth. If you are going to continue to call this "Farmer's Market", then you need to let the farmers manage their significant part of this gathering. This is not a trinket fair as one might see exiting a cruise ship. The farmers are the most important part...nothing needs to change. They have managed beautifully to organize stand placements, start time, collecting fees. It seems that maybe some restaurants that want tables on the side walk don't want to see produce trucks and real food like corn in husks, apples by the bushel or box. Please don't mess with tradition. At a time when folks are really doubting govenment and the honesty and fairness therein, we don't need our city council supporting this behind the door abrupt attempt to over-ride the farmer's roll in this Farmer's Market. Sincerely, Penny Sullivan 1983 Partridge Dr. San Luis Obispo From: Barbara Halon[SMTP:BARBHALON@CHARTER.NET] Sent: Thursday, January 28, 2010 7:23:26 PM To: Council, SloCity Subject: Pending Termination of the SLO Farmers Market Assocation Auto forwarded by a Rule Honorable Council Members: Tonight I read in the Tribune that the Downtown Association is set to take over management of Thursday night Farmers Market from the SLO Farmers Market Association who has operated that function for the past 27 years.The announcement of the take-over seems strange, since I previously heard nothing whatever about problems or reasoning prompting consideration of that change. I would have thought that the situations,circumstances and reasoning for the take-over would have been made public some time ago so that we citizens would have the chance to consider the issues and form reasoned opinions about them. I respectfully request that The Council and the Downtown Association consider this email message my request for The Council to table the pending take-over until the whole affair can be fully aired publically. That is, information provided and at least some weeks for the issues to be correctly understood with time enough for citizen response; i.e.,possibly to support the take-over or consider alternatives. I apologize if The Council and/or the Downtown Association and The Council have already made public their concerns. If The Council has,would you do me the courtesy of responding to me ASAP as to where I can find that information; or send it to me? Respectfully, Robert L. Halon,Ph.D. 2092 McCollum Street, SLO 93405 805-544-5870 From: Kathy Barnett [SMTP:KJBARNETT@TCSN.NET] Sent: Thursday, January 28, 2010 9:11:02 PM To: Council, S1oCity Subject: Farmer's Market Auto forwarded by a Rule January 28, 2010 Dear Mayor Romero and City Council Members, Until this week I thought that Slo's Thursday night Farmer's Market was organized and run by the Farmer's Market Assn,. When I moved to Paso Robles 10 years ago I didn't know anything about the Thursday night event; my brother in Glendale told me how spectacular it was. . .and is. I also believe the Market is the envy of every city in the county. In today's Tribune farmer's are asking everyone that cares about the market to write to you voicing concern about recent happenings, that now the Market will be operated by the Downtown Association. Tonight's TV announcements keep saying that nothing has changed. Hopefully you have heard of the First Law of Repair: "You Can't Fix It If It Ain't Broke. " If everything is staying the same than it can't be broken. To have notified the farmers so abruptly, without meeting to discuss perceived or real problems, says to me that you do not value their participation. Every city needs additional income but some things in the world do not have a dollar value; I believe that by eliminating the farmers as administrators you are discarding something important, the feeling of being valued. You can't put a dollar figure on it but you know it's there. Farmers get caught in so many disputes, this does not have to be one of them. You have the ability to show you value their hard work by making them joint administrators; let farmers have a say in how the Farmer's Market is run. Respectfully, Kathy Barnett 383 Quarterhorse Lane Paso Robles, CA 93446 (805)238-5044 PS: I cannot attend your council meeting, my Tuesdays are reserved for Paso's Council or PC meetings. i From: Jackie Parker[SMTP:SLOPARKER@CHARTER.NETI Sent: Thursday, January 28, 2010 9:22:33 PM To: Council, SloCity Subject: Farmer's Market Rebellion Auto forwarded by a Rule Dear City Council Members: We would like to express our strong support for the SLO Farmers Market Association and urge the City Council to reject the Downtown Association's cavalier and untimely move to take over management of the Farmers Market. For 27 years Farmers Market has been a vital part of the economic and social fabric of San Luis Obispo. We have confidence in the Farmers Market Association and believe the management of Farmer's Market is best left to those with expertise in local agriculture and direct sales of agricultural products. Peter Jankay and the Association have been fine stewards of Farmer's Market. Jackie and Ben Parker 4423 Poinsettia Street, SLO From: Gretchen Gonyer[SMTP:CRUSHEDGRAPE@HOTMAIL.COM] Sent: Friday, January 29, 2010 7:39:22.AM To: Council, SloCity Subject: farmers market Auto forwarded by a Rule dear mayor romero and council members, i have been attending farmers market on higuera since the beginning when i worked at the cigar factory- now novo restaurant. the reason i go is for the produce, flowers, and whatever local products have been offered. the management of the market have worked hard to make this happen. i feel the way they weretold without a meeting with you was very unfair and i don't understand it. we need answers. sincerely gretchen gonyer From: lyndon olmeda[SMTP:LROLMEDA@GMAIL.COM] Sent: Thursday, January 28, 2010 10:11:36 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule SLO City Council, The recent actions of the SLO Downtown Association with regards to the management of the SLO Farmers Market and treatment of the SLO Co. Fanners Market Assoc. was badly done and speaks poorl to the colaborative theme many in the city are seeking to inspire amongst the citizenry. i I call upon the Council to consider this matter at the next meeting as it would appear no clear rationale has been provided,public input sought or consideration of the reverberating effects upon buisness or tourism this action may cause. Concerned SLO Co. Citizen, Lyndon Olmeda From: Richard Tickner[SMTP:RTICKNER@SBCGLOBAL.NET] Sent: Friday, January 29, 2010 8:34:46 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule SLO City Council: "If it ain't broke, don't fix it"! Please leave our beloved Farmers Market in the hands of those who have the most to lose/gain--the farmers. Richard Tickner SLO From: Sue Waterbury[SMTP:SUEWATERBURY@YAHOO.COM] Sent: Friday, January 29, 2010 8:39:16 AM To: Council, SloCity Subject: SLO County Farmers Market Association Auto forwarded by a Rule First, I really appreciate the fact that you are willing to hear this item at next Tuesday's council meeting. I truly believe that the facts need to be presented and opened up for discussion. In my opinion, there is no reasonable explanation for taking the Thursday night market away from the organization that has diligently organized and monitored it for so many years. Let's be honest, SLo had the first ever Farmer's Market in the state of California and they have continued with hard work and established clear expectations. what a concept! Taking control of the market, by the Downtown Association, seems to be. an unnecesary power play and I would think Ms cash felt she could easily take over, with little or no response from the Farmers or the public. That is NOT going to happen. Thank you for your hard work, Susan Waterbury From: holly lindenthaler[SMTP:HOLLYLSLO@JUNO.COM1 Sent.: Friday, January 29, 2010 9:39:37 AM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Our Thursday Night Farmer's Market is an important part of our city and we hope this decision will be reconsidered. Please make sure it continues both on Sat. Morning and Thursday Night.. Holly and Jonathan Lindenthaler From: Lee &Dorothy Schlitz[SMTP:LSDSOPIE@SBCGLOBAL.NET] Sent: Friday, January 29, 2010 9:37:21 AM To: Council, SloCity Subject: Farmers' Market Auto forwarded by a Rule I do not usually express an opinion, but on this one, I will. I do not think that the Downtown Association should be in charge of this wonderful and over decades event. The farmers who sell there vegetables, fruits, and other locally farmed items should be able to run their own market. The Downtown Association has way over stepped themselves with out talking to the fanners who for years have been the main draw to Thursday nights. Shame, shame, shame. Personally, I think the Downtown Association has turned this market into a carnival or circus....music, vendors,political groups, all way out of line. Take this back to the food and farm with special holiday events and you still have a winner. Dorothy Schlitz From: MICHAEL CURTIS[SMTP:MICHAELCURTIS7982@SBCGLOBAL.NET] Sent: Friday, January 29, 2010 9:14:57 AM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Rear Council, Just a note of support for the Farmer's to have control over what goes on Thursday nights at Farmer's Market. We feel it most important for the Farmer's to have a spokesman who will make decisions on their behalf, in best interests. S"incer -Michael and Linda Curtis From: Clark Staub[SMTP:CLARK@FULLOFLIFEFOODS.COM] Sent: Friday, January 29, 2010 11:05:23 AM To: Council, SloCity Subject: Thursday Farmers Market Auto forwarded by a Rule Dear SLO City Council- My name is Clark Staub and I own Full of Life Flatbread in the Northern Santa Barbara County town of Los Alamos. In our 6 years of growing our national wholesale business as well as our restaurant trade I have been a regular and consistent supporter of the SLO Farmers' Market Association. As my acclaimed restaurant is located in a very rural area we make arrangements with farmers weekly to pick up their wonderful products at the Thursday night market. I spend between $300-500 weekly at the Thursday market.We also are regulars at the Saturday morning market where I can spend another few hundred dollars.. Through our direct interactions with farmers and food artisans, such as those we have befriended at the Thursday market, we, as chefs and food-related businesspeople, have become better at what we do: better cooks, better educators to our customers about the importance of locally produced foods, and better stewards of a food system constantly challenged by commoditization and suburbanization. Locally grown and produced foods are critical to ongoing sustainability within our urban, and rural, landscapes. Through my 6 year relationship with the SLO Markets, Peter and Diane have been excellent stewards and a credible, reliable, voice for and of the farmers. As the founder of the Claremont Farmers' Market Association, I know the singular importance of this voice.With no ill will towards the Downtown Business Association, having a Farmers' Market without that representation is an invitation to devalue the well-earned and deserved credibility that the Thursday night market has gained over its history. Lastly, as an analogy, my company sells Certified Organic Frozen Pizzas nationally. Yesterday I took my mother to New Frontiers where she purchased 2 of my pizzas (although I told her I could just bring them to her). Later in the day someone asked me how much my business made off my mothers' purchase. I replied that my company made roughly$0.75-$1, New Frontiers made$5, and the distributor that we use to get our pizzas from our bakery to New Frontiers made approximately$4. Selling directly would obviously level this playing field a bit-as the farmers have with the Farmers' Markets. As someone who is involved daily with food and as a businessperson committed to purchasing locally grown and produced foods, I am constantly seeking voices as strong, committed, and clear, as those of Peter and Diane. I urge you to reconsider the positioning and oversight of the Thursday night market and put the voice of the farmers in a committed farmer's hands. Sincerely, Clark Staub President- Full of Life Flatbread 225 West Bell Street Los Alamos, CA 93440 www.fulloflffefoods.com From: Ron Rawlinson[SMTP:RONRAWLINSON@GMAIL.COM] Sent: Friday, January 29, 2010 11:30:51 AM To: Council, S1oCity Subject: Farmer's Market Auto forwarded by a Rule Let Farmers run their Market. Maybe downtown business would prefer they move this ag venture out of their streets. Let them see their sales on Thursdays then! Ron Rawlinson Director of Sales &Marketing WineSmith Wines ronrawlinson@gmail.com 805.459.2056 cell/voicemail From: Sherry Fontan[SMTP:SLOTOWN78@GMAIL.COM] Sent: Friday, January 29, 2010 11:44:16 AM To: Council, SloCity Subject: farmers market Auto forwarded by a Rule City Council Members: This email is in support of the SLO County Farmers Market Association. Farmers should run "Farmers" Market. Not the SLO Downtown Association. Sherry Fontan 544-4897 From: Berry robertson[SMTP:GERRYMAMA@GMAIL.COMI Sent: Friday, January 29, 2010 12:34:30 PM To: Council, SloCity Subject: farmers market Auto forwarded by a Rule I strongly believe that the farmers should have a say in how the Farmers Market is run! ! ! ! ! ! ! ! ! ! ! ! ! The market should not be run by the Downtown Association. what is going on! ! !?? Gerry Robertson, SLO From: Richard Tibben[SMTP;HEMICAR1964@YAHOO.COM] Sent: Friday, January 29, 2010 1:16:32 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Dear Gentleperson, I manage an educational booth for a non-profit at SLO farmers market. We are entering our 20th consecutive year of having a booth a farmers market. I am confused concerning the change in the management of the "fruits and vegetables" area of farmers market. As a manager in my profession, I always seriously considered not changing something that is not broken. Perhaps the city council should do the same. From: Mary Ann Vasconcellos[SMTP:MAVTHYME@EAKTHLINK.NET] Sent: Friday, January 29, 2010 1:53:03 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule SLO City Council; The promotion of San Luis Obispo should include generous support for our local Farmers Market Association. This means leaving the fees collected with this struggling grassroots organization. The opportunity to capture another source of revenue must be enticing to the Downtown Ass.; however, doing so on the backs of the farmers is wrong. I don't know if the SLO City Council has any authority to amend the actions of Debra Cash but if, yes, then please do so. I will also be appealing to the Ag Commissioner and hope that he can make good this short sighted situation. Thank you, MaryAnn Vasconcellos From: John MacKeen[SMTP:RSS2500@SBCGLOBAL.NET] Sent: Friday, January 29, 2010 3:00:03 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule I believe the city is shortsighted in terminating the SLO Farmers Market Association after 27 years and without notice. Harry Truman said "If it ain't broke- don't fix it!!!!!!!!!! One of the attractions for us to move to the Central Coast was the Thurs. night Farmers Market because of its uniqueness. Frankly, we wouldn't go to SLO in the evening iif it weren't for this event. We appreciate the friendly atmosphere, fresh produce and always go to a restaurent for dinner. Many times, we also frequent the stores that border the Fanners Market. I assume the cancellation is to increase city revenues but it will cast an unfavorable image on the city which has always strived to be viewed as a city with the welcome mat out for locals and visitors. Don't let deficits color this image. John & Rosemary MacKeen Shell Beach 1 From: Wesley Mattocks[SMTP:SHELLYNWES@ATT.NETj RECEIVED Sent: Thursday, January 28, 2010 10:16:57 AM To: Council, SloCity Subject: Farmer's Market JAN 2 8 2010 Auto forwarded by a Rule SLO CITY CLERK January 28, 2009 San Luis Obispo City Council: ie: Farmer's Market I have lived in San Luis Obispo since 1982. I realize I am more or less a "newcomer", however, I feel that the "new" blood in town is causing friction, that is what they are supposed to do in order to be recognized. Changing the operation from the Farmer's Association control to a un-experienced few whould be a grave mistake. What would happen if the Farmer's Association chose to discontinue all operations? I do not think they are getting rich by any means. Sincerely, Wes Mattocks San Luis Obispo resident g-lt D Coloy RED FILE i 6_'ICOUNCIL 2'CDD DIR MEETING AGENDA O'GAd c1rg "16R- !r-FIN DIR DA rt ITEM #Q zs �+ NR � M'PW DIR � RHIEF e!CLERK/ORIG 21POLICE CHF 0 DEPT HEADS C3'REC DIR I L_! 2T UTIL;DIR Q,HR'l) NEW t//q65 i COuAUGL et" luc CLCek From: barbara ftank[SMTP:ALA2BABA@GMAIL.COM] RECEIVED Sent: Thursday, January 28, 2010 10:40:26 AM To: Council, SloCity JAM 2 8 2010 Subject: Re: Farmers' Market Auto forwarded by a Rule SLO CITY CLERK Honorable Members of the SLO City Council: It is difficult to figure out your reasoning in allowing the Downtown Association to take over management of the Farmers' Market from the SLO Farmers Market Association. Under their management, this market has grown, flourished and is one of the most successful Farmers Markets in California. It is even more puzzling why you are embarking on another Cal Poly/Harris Ranch type arrangement, moving real farmers from a prime location in front of the Wineman Hotel to a less favorable location, so the Wineman Hotel folks, or their lessees, can serve coffee outside. I and my husband strongly urge you to reconsider this action. Let the farmers continue doing what they have been doing successfully for 27 years—run the Farmers Market! Alan and Barbara Frank 2725 Augusta Street San Luis Obispo, CA 933401 RECEIVED From: Linde Owen[SMTP:LINDEOWEN@SBCGLOBAL.NETI JAN 2 8 2010 Sent: Thursday, January 28, 2010 10:48:01 AM To: Council, SloCity SLO CITY CLERK Subject: Keep SLO County Farmers Market Assoc in charge! Auto forwarded by a Rule Dear Council members, Please do NOT support a takeover of our downtown FARMERS market by the Downtown Association. The Downtown Association has plenty to do without taking a well operating event over. This proposal is absurd and I hope that you'll keep the fresh food atmosphere and dedicated Market Assoc in place. Don't try to fix a good thing! Thankyou, Linde Owen 1935 10th B Los Osos �J From: Debby(Rosh)Wright[SMTP:ROSH@DEBED.NET] RECEIVE® Sent: Thursday, January 28, 2010 1:36:20 PM To: Council, SloCity JAN 2 8 2010 . Subject: Farmers Market Auto forwarded by a Rule SLO CITY CLERK I am e-mailing in response to the one page notice in the Tribune regarding changes in the way the SLO Farmers Market is to be"handled"or administered from this time on. I do not know what all this entails. I would say that, as a 9 year transplant to this area and originally from UK, I always use the Farmers Market as a major selling point to all potential visitors, including those from other countries. It is right up there on my list of things to do, along with wine tasting and Hearst Castle. It would be a shame if that were to change. The SLO Farmers Market is surely a tourist dollar magnet. I am sure the response will be that nothing will change, that it is just a management and administrative issue. But we all know how that goes. As far as I am concerned, if it ain't broke, don't fix it. Thank you D. "Rosh"Wright From: C Tait[SMTP:OLDTOWNSLO@GMAIL.COMj Sent: Thursday, January 28, 2010 9:17:39 AM RED FILE To: Council, SloCity Subject: Thursday Night Farmer's Market - MEETING AGENDA Auto forwarded by a Rule DA a. -2 10 ITEM #Pae26&,VrnoAz January 28, 2010 To the Mayor and San Luis Obispo City Council: I have lived in the downtown area 16 years and in San Luis Obispo for 25 years. I appreciate the dedication and energy the downtown association has invested in helping to keep downtown SLO a beautiful and vital place for residents to live and tourists to visit. However, over the years I have developed unease with the sense of ownership and assumed decision making the Downtown Association has for all aspects of downtown activities. For this reason, and the apparent success the SLO County Farmers Market Association has had in the past 27 years, I strongly feel that the SLO Farmers Market Association should be allowed to continue to operate the Thursday night farmers market as they have in the past. The Downtown Association is, after all, a non-profit adviso board to the City Council. Unfortunately, they appear to be the only group (or maybe the only one with any influence) currently operating in downtown(excluding the SLO Chamber of Commerce.) The fact, as stated in a Tribune article a few days ago,that the SLO Farmers Market Association were not invited to sit down with the Downtown Association to discuss a new direction or any dissatisfaction with the SLO County Farmers Association,but instead were told by letter that they were no longer operating their own market, only reinforces my belief that this particular advisory board has overreached their authority, and needs to be reined in, by you, the members of the City Council. I suspect you will receive much feedback on this subject, and appreciate considering my position and that of other residents. Thank you, Catherine Tait 1--�COUNCIL Chi CDD DIA 591 Islay Street 111GA&Grr0e-t1- ZIFIN`DIR 541-6862 CHIEF OIATTORNEY 2?W DIR E�tLERKWORIG OTOLICE CHF ❑ DEPT HEADS 2-REC DIR RECEIVE® Pi$ QVTILOIR -- _ 12-HR DIP JAN 2 81010 SLO CITY CLERK ej_cleuc ' RED FILE From: kathy[SMTP:KEFIZZY@GMAIL.COM] _ MEETING AGENDA Sent: Friday, January 29, 2010 3:49:20 PM To: Council, SloCity DA a 1 D REM #P26SC=X7AV0d)S Subject: I don't usually write letters of complaint Auto forwarded by a Rule Hello, I would like the city council to know that I don't normally write complaint letters. I do feel that this one is needed. I am writing to let the council know that as a homeowner in SLO County and someone who shops in SLO &occasionally attends the Farmers Market that I am surprised and saddened to learn that after 27 years the SLO County Farmers Market Association is being changed from being in charge of Thursday night Fanners Market. How can it be a true Farmers Market if the Downtown Association is in charge. Why can't it at least be a joint committee that is in charge? Is it possible that after all these years it comes down to one or two people/personalities that just can't get along? In my life I have known some people that come into what they perceive as a "position of power" (no matter how small) and get carried away with their new position and cause dissension. I wish that a compromise could be worked out. Thank You, Kathy Egan AlWnD coy &rr/A-IL- 113 COUNCIL C'!'ODD DIR 1 C5'-GAG et* ne.e- 3-FIN DIR D-AGGA0P&M*1 r,-=1IRE CHIEF 1 C3 ATTORNEY 0W 0A I 13-CLERK/ORID ®'POLICE CHF From: Patty Winkenbach[SMTP:PRWINK@ATT.NET] ❑ DEPT HEADS 2'REC DIA Sent: Friday, January 29, 2010 5:05:24 PM ;,� Pr nTIL DIR To: Council, SloCity �R DIS Subject: Farmers Market Assoc. i -� _- -- _ Auto forwarded by a Rule iC�� MGA Dear Council Members, Please vote to retain Farmers Market Assoc. as it has been for the past 27 years. If it's not broken, leave it alone. From my perspective, the SLO Downtown Assoc. is unreasonable, unfair and greedy once AGAIN. You have the power to do what is right. Please do the honorable thing and support the Farmers of SLO. Thank You, P.R. Wallace From: barrie vincent[SMTP:UBC489@YAHOO.COM] Sent: Friday, January 29, 2010 5:16:09 PM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Keep Farmer's Market AS IS H Barrie Cianciulli 922 Front St Grover Beach 93433 From: Mary Parker[SMTP:MNPARKER@PACBELL.NET] Sent: Friday, January 29, 2010 5:43:46 PM To: Council, SloCity Subject: Support Farmer's Market Auto forwarded by a Rule I support the SLO County Farmers Market Association. The Association has done an outstanding job of running the market for many years and I hate to see the Downtown Association running something they know little about. Please support_the Farmers Market Association. Thank you"' . Mary N. Parker 539 Cerro Romauldo San Luis Obispo, CA 93405 From: werparker@aol.com[SMTP:WERPARKER@AOL.COM] Sent: Friday, January 29, 2010 6:26:42 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Take a stand for the Farmer's Market Association. After 27 years of operating an ever growing and popular event, they should be applauded by the Downtown Business.Association. Do the right thing. Nancy Parker San Luis Obispo Stand at the crossroads and look, ask for the ancient paths, ask where the good way is, and walk in it, and you will find rest for your souls. Jeremiah 6:16 From: CRAIG PORTER[SMTP:CPDIVING@YAHOO.COM] Sent: Friday, January 29, 2010 6:42:39 PM To: Council, SloCity Subject: Thursday Farmers Market Auto forwarded by a Rule Distinguished Members Of The Council; As a fourth generation resident of San Luis Obispo County, (maternal & paternal) I am saddened that one of the things my family looks forward to attending will be changed. The Thursday Farmers Market is an outing which we enjoy sharing with our sons'. In the past we have spent lots of money in downtown stores and restraunts, that will not be the case if we are not drawn by the very farmers the market was designed to support. I hope the current changes being made are in the best interest of our community, or my family and our money will travel elsewhere. Sincerly Craig Porter Name: dena Smith Address: 615 Black Ridge Lane City: Nipomo State: CA Zip: 93444 Phone: Fax: email from: denasally@att.net Message: Dear City Council of SLO, We believe that. the Farmers should be in the loop of running the Farmers Market. Not just the Downtown Association. Sincerely, Concerned Citizens I � I From: Barbara Atkinson[SMTP:BATKINSON2@EARTHLINK.NET] Sent: Saturday, January 30, 2010 8:40:47 AM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Dear Mayor Romero and City Council Members: I am concerned with the manner in which the Farmer's Market Association (FMA) was taken by surprise by the SLO Downtown Association (DA) . It seems to me to be basic business practice these days to get buy-in or at least discuss any changes an organization like the DA is considering. At the very least the DA should sit down now with the FMA, perhaps with a mediator (since relations have been damaged by this) and each side talk about their concerns. Hopefully the issue can be resolved in a more reasonable manner in this way. After all the farmer's are our neighbors and, without these small farms, we would not have the wonderful fresh produce; flowers, and other products we are so lucky to enjoy. Thank you, Barbara Atkinson SLO From: kmrcoc@gmail.com on behalf of kellie[SMTP:MISCKC@VERIZON.NET] Sent: Saturday, January 30, 2010 9:07:03 AM To: Council, SloCity Subject: farmers market Auto forwarded by a Rule The farmers market is a major tourist draw and something that makes SLO special. It is an important part of the community. The Farmers Market Association needs to be part of it and part of the process. It is a major component of it. They need to be part of it. Thank you, Kellie Condon. From: Mary Leizear[SMTP:MARY.LEIZEAR@ATT.NET] Sent: Saturday, January 30, 2010 10:32:56 AM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule I absolutely promised myself I would not pay attention to the politics of SLO,after having been involved for years in Morro Bay; but,I'm outraged about the Downtown Association and the Farmer's Market controversy. I'm sure you will all examine the issues very closely,and make sure that the right course of action is taken. Once again,the Downtown Association appears to be heavy-handed in its policy decisions and has seemingly no interest in fairness. I still don't understand why there is a Downtown Association in the first place,as we have a perfectly capable chamber of commerce. Thank you for all your hard work on our behalf. Mary Leizear Judson Terrace 784-0782 From: C Lindquist[SMTP:MARGARITAHOME@SBCGLOBAL.NET] Sent: Saturday, January 30, 2010 10:49:42 AM To: Council, SloCity Subject: Farmer's Market Debacle Auto forwarded by a Rule To all council members, If taking away the control of the Farmer's Market is not as nefarious as it appears, some entity needs to ramp up the public relations in this matter. I'm not sure the reasons for their decision,but the word on the street is not favorable. We all know this widely acclaimed market garnered much praise for the city. I should hope you would recind the decision --- or better explain it to your constituents and/or tourist industry-- lest the vendors pull out leaving you with just another boring street lined with political agendas and silly crafts. CL From: Jeanne Schrader[SMTP:MJSCHRADER56@YAHOO.COM] Sent: Saturday, January 30, 2010 11:06:54 AM To: Council, SloCity Subject: farmers market Auto forwarded by a Rule To whom it may concern: We feel it is an outrage that the city is taking away the farmers' rights at the farmer's market. It is for the farmers. It has been in good standing and successful for 27 years. Why ruin a good thing? Farmers in our community work hard and deserve the right to organize and have a say in the Thursday night Farmer's Market. Without the farmers, it would not be successful! Please reconsider this decision. Government does not need to be in control of market night! We for one, are tired of government acting in the so call rights of the people. Do something right for a change....give the farmers back Farmer's Market! Mike and Jeanne Schrader From: Ed &Rosalyn Parsons[SMTP:ENRPARSONS@SBCGLOBAL.NET] Sent: Saturday, January 30, 2010 11:18:22 AM To: Council, SloCity Subject: Farmer's Mkt Auto forwarded by a Rule It surely looks as if the city is being heavy-handed in the way it is treating the farmer's who sell their produce on Thursday nights in SLO. If the city cannot come up with a reasonable and bona fide reason(other than greed and power hungry) for taking over the management of the Thurs. night Farmer's Market in SLO, we side with the farmers and ask the city to back off in this issue. Rosalyn and Ed Parsons From: M.Taylor[SMTP:MPHHH@SBCGLOBAL.NET] Sent: Saturday, January 30, 2010 11:46:04 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule City Council I hope you give the Farmers a fair chance to speak at upcoming meeting and invite the downtown association to state their case. We (you govern for us) own the streets they operate and profit on every Thursday. I found it odd that the mayor implied last week that the city was not directly involved in management of the farmers market. Last time I went to the Farmers Market it was on public streets and sidewalks and is touted as the biggest tourist draw for the city. If the mayor is disengaged other council members should step up to ensure meeting is well run and both sides can state their case. This is one meeting that citizens of SLO will be interested in what happens and how council members respond. Paul Taylor 1255 Ironbark From: George Dom[SMTP:GE0RGE.D0M@MAC.00M1 Sent: Saturday, January 30, 2010 12:38:27 PM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule SLO Councilmen and Staff, Our family assumes you made your decision regarding terminating The SLO Country Farmers Market Association's relationship with the SLO Downtown Association after careful deliberation and consideration of the best interests of all concerned. We look forward to hearing your reasoning. In the meantime,may I emphasize that lack of transparency invites mistrust. At the moment we don't understand the benefit for making this change. Kindly make the basis for your decision known to the public at Tuesday's meeting and give the SLO Country Farmers Association a voice in any improvements, recognizing you have been given authority to make the final decision on what's best for our community. Sincerely, George Dom and family George Dom 4320 Larkspur Street San Luis Obispo, CA 93401 Phone:(805)549-0193 From: KEN BAIRD[SMTP:SIMBAPOWER@SBCGLOBAL.NET] Sent: Saturday, January 30, 2010 4:47:09 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Hello. My name is Connie Baird and we live in Templeton. I would just like to express how important it is to keep the Farmers in San Luis Obispo on Thursday evenings. We love to go to SLO on Thursday evenings to see what's going on. Love the people and love the produce. Can't believe this would be an issue. Thanks for your time. Connie*** From: Dave Carreiro[SMTP:THEMAYOR23@HOTMAIL.COM] Sent: Saturday, January 30, 2010 5:51:38 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Good job fellars, now I have another reason not to go San Luis Obispo. Looks like you screwed up another good deal. Dave from Atascadero From: Joe Thomas[SMTP:THOMASHILLFARMS@EARTHLINK.NET] Sent: Sunday, January 31, 2010 6:54:00 AM To: Council, SloCity Subject.: SLO Farmer's Market Auto forwarded by a Rule To Whom It May Concern, I am writing to express my solidarity with the SLO County Farmers Market Association and feel that the Downtown Association's power-grab is unjust. Thank you .for your careful consideration in this matter. Joe Thomas Thomas HIll Farms From: Tracy Tracy[SMTP:SKIPANDTRACY@VERIZON.NETI Sent: Sunday, January 31, 2010 8:35:13 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule I have read the recent information regarding the SLO Downtown Association's attempting to change the current relationship with the Farmers Market Association. We are county residents who have enjoyed the SLO farmers market for many years. This is the most successful, well attended Farmers Market I have ever seen. It would be a shame to make a change in an event that has done so well for so many years. Please don't make any changes in eliminating, reducing, increased fees or disrupting business for these small family farmers who are so important to our community. I think the old saying of "If it ain't broke, don't fix it" applies to this situation Thank-you Tracy J. Tracy From: Cody George[SMTP:CGEORGE@RECSOLAR.COMj Sent: Sunday, January 31, 2010 9:57:32 AM To: Council, SloCity Subject: SLO Farmers Market Auto forwarded by a Rule To Whom It May Concern: I am very concerned about the news shown on the below website. My fiance and I really enjoy the farmers market and try to use it as our primary source for vegetables. The vegetables are fresh, local, inexpensive, and delicious. You can buy flowers,fresh strawberries,fresh lettuce, carrots, etc. In fact, whenever we go to farmers market, we do not go for the ribs, the t-shirt booths, the local club booths;we go for the fruits and veggies. While all the other options are great to have and provide a fun atmosphere, the primary reason we are there is to support our local farmers and buy fresh. I would feel ashamed if our city council pushed the farmers out of the Thursday night tradition. I will be at the Tuesday night meeting and I hope to hear different news that what I have seen on TV commercials, online, and on the news. http://www.slocountyfarmers.org/ Cody George Commercial Design Engineer REC Solar, Inc. 775 Fiero Lane, Suite 200 San Luis Obispo, CA 93401 Office: (805) 540-5487 Cell: (805) 540-9228 Toll Free: 888 OK-SOLAR (657-6527) 4 l - % RED FILE From: Donna Godfrey[SMTP:DHGODFREY@CHARTER.NET] MEETING AGENDA Sent: Sunday, January 31, 2010 10:20:25 AM to ITEM #P2cs�- rvs To: Council, SloCity pA 2 Subject: Downtown Association Auto forwarded by a Rule The Downtown Association.seems to think they can power their way to anything they want:the takeover of the Farmers part of the Thursday Market is the latest example. Why wasn't the SLO County Farmers Association notified prior to the change and why did the agriculture commissioner approve the change without any input from the farmers? I know the DA has split from the city,but-since the city still collects assessments for the DA surely the council has(or should have)some kind of input and oversight of their actions. D.G.,San Luis Obispo L'�COUNCIL L CDD DIA k ErGAGC/79/W p FIN DI L3'AGAQA%rCe*/Wc ®-FIRE CHIEF 0 ATTORNEY 21PW DIR C'G`LERWORI© — C�-pOLICE CHF From: lee goodman[SMTP:SLOLEEGOODMAN@GMAIL.COM] p DEPT EADS ZJ-MaC DiR Sent: Sunday, January 31, 2010 11:05-09 AM !� L?urnL DIR' - To: Council; SloCity TuUe _InR DIR_: Subject: Farmers Market ' IV&V 7746::> —CouuxiL Auto forwarded by a Rule Why would you try to fix something that is not broke. This sounds like a power grab by the Downtown Association. It should go back to the way it was. I heard on the news that Debbie stated that it wasn't called the Slo Farmers Market but rather some stupid name I never heard of. I have lived here since 1988 and it has always been called the Thursday night Farmers Market. I had a booth for 5 years the politics drove me crazy. The downtown association couldn't agree on anything. Leave the farmers alone they don't need to be drug into your polical garbage. Lee Goodman From: holly lindenthaler[SMTP:HOLLYLSLO@JUNO.COM] Sent: Sunday, January 31, 2010 11:09:46 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule We feel the Farmers should have a big say in the way the Farmer's Market is run. H and J Lindenthaler J From: Dick Crawford[SMTP:SLOCRAW@YAHOO.COM] Sent: Sunday, January 31, 2010 11:17:24 AM To: Council, SloCity Subject: Thurs. Night Farmers Market Auto forwarded by a Rule As a forty year resident of this city,who remembers how the Fanners Market started in the first place, I urge you to allow the Farmers Market Association to continue to have a say in how this event is run. After all, it's not called the SLO Downtown Association Market. Richard T. Crawford 1275 Drake Circle SLO, CA, 93405 544-4873 From: Marty Hawke[SMTP:MHAWKE@PAYPROS.COM] Sent: Sunday, January 31, 2010 11:31:04 AM To: Council, SloCity Cc: peterjankay@calpoly.edu Subject: Thursday Farmers Market Auto forwarded by a Rule As a former member of the downtown Farmers Market Committee; La Fiesta Committee and SLO Criterium committee many years ago, I must agree with the Farmers Market Association and urge you to continue your relationship with the Association. Peter Jankay in particular and the Association in general have tirelessly and tenaciously worked to make the Farmers Market the most successful in the State and perhaps the country. Your decision and the way it was delivered are inexcusable. As Council Members, facilitators and consensus builders, you can certainly use both Associations to make the Farmers Market even stronger. Your primary responsibility is to the vitality and safety of the City. Do the right thing and call Peter first thing Monday morning and work out the details so that the Farmers Market Association has a voice in Farmers Market decisions. Thank you, Mary Hawke, 24 year SLO County resident i From: godfrey gwynne[SMTP:SLOGEOFF@SBCGLOBAL.NET] Sent: Sunday,January 31, 2010 1:28:40 PM To: Council, SloCity Subject: farmers market Auto forwarded by a Rule I request that council members review the the farmers market cancellation without any voters input.After some 27 years of operation this appears to me to be a some what cavalier approach to a change. My further voter support to members will be based on a satisfactory conclusion to the Farmers. G C Gwynne From: Sylvia Drucker[SMTP:SKDRUCKER@GMAIL.COM] Sent: Sunday, January 31, 2010 1:57:13 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule TO: Mayor Dave Romero. Vice Mayor Andrew Carter, Council Members Allen Settle, Jan Howell Marx, and John Ashbaugh FROM: Howard & Sylvia Drucker Although we cannot attend Tuesday's Council meeting, please count us as supporters of our current Farmers Market Association and its operation of our Farmers Market. We have read the Tribune news articles,heard the administrator of the Downtown Association speak on KSBY and we can't discern any logical reason for the transfer of authority from the Fanners Market Association to the Downtown Association. This situation calls to mind the maxim: "If it ain't broke, don't fix it." To those of us who shop weekly at the Farmers Market, it "ain't broke." Quite the contrary; we think it is operating on a very high level. So please, let the Market continue to operate as it has been doing very successfully over these past 27 years. Yours truly, Howard & Sylvia Drucker 2304 Flora Street San Luis Obispo, CA 93401 From:Lsserpa@aol.com[SMTP:LSSERPA@AOL.COM] Sent: Sunday, January 31, 2010 2:01:24 PM To: Council, SloCity Subject:.Farmers Market Auto forwarded by a Rule We are writing this in reference to the recent termination of the Farmers Market Assoc.from the Thursday night Farmers Market downtown and that the Downtown Assoc. would be in total control. We are not.informed as to why, but feel very strongly that this was an unfair decision and that the farmers should have a say in how the Farmers Market is run. Please consider this very carefuly and fairly. Thank you for your considerations. Sincerely, Mary Ann &Leroy Serpa 9260 Santa Margarita Road Atascader, CA 93422 805-438-4787 From:joe lorenzini[SMTP:JLOREN@CHARTER.NET] Sent: Sunday, January 31, 2010 4:58:52 PM To: Council, SloCity Auto forwarded by a Rule Dear Council Members, As a resident of Arroyo Grande, one of our most.favorite things to do is bring our out-of-town guests to the exciting San Luis Obispo Farmer's Market. The array of produce that they carry is always exciting especially to visitors from back East—they see items that they have never heard of such as a cherimoya. Talking with the farmers, asking questions, getting to know where their farms are located, how they grow their produce, how they harvest their produce, etc. is an education in itself. The enthusiasm and desire to share their information makes one feel close to the farm and our environment. Sure, it is a fun farmer's market what with the music, puppet shows, crafts,food, and the religious guy carrying the sign; however, the real stars of the SLO Farmer's Market are the farmers themselves and their farm produce. Let's keep this in perspective or you are going to lose something very special. Let the farmers have a continued role in the planning process; let them be the stars as they should be. Carol Lorenzini Arroyo Grande 473-3601 Name: Jayne Brown Address: PO Box 4714 City: San Luis Obispo State: CA Zip: 93403 Phone: 805 8017120 Fax: 805 801.7120 email_from: jayne@jaynewaynedesign.com Message: I want to express my concern and distaste at the Downtown Association's sudden take-over of the produce section of Farmer's Market. As a former downtown business owner, I have some awareness of Deborah Cash's leadership style. Based on Peter Jankay's concern that there were no discussions prior to this swift take-over, I am left with the familiar impression that this is another one of Deborah's attempts to wield control unfairly. I am familiar with Peter Jankay as he was my biology professor at Cal Poly more years ago than I care to count. I have seen him work tirelessly and diligently at every single farmers market I've attended. He is very hands-on and highly visible. I have noticed he emphasizes a firm beginning and ending time with the vendors. As he appears to be the hardest working individual at Farmers Market, I have every reason to believe he is a well-respected, effective leader. As I have never seen Deborah Cash at a single farmers market throughout the years, I have no reason to believe she or the members of the Downtown Association would do an equal or better job of managing the produce end of Farmer's Market than Peter Jankay and the farmers have done all the years prior. I believe the farmers are being bullied and it is shameful to see. I hope you will exhibit better leadership than Deborah Cash is exhibiting by overturning this unilateral, unnecessary decision. Please put the farmers back in charge of the farmer this Tuesday, February 2nd. Thank you Jayne Brown From: Timothy Monahan[SMTP:MILL_ROAD_ORCHARD@YAHOO.COM] Sent: Monday, February 01, 2010 2:30:12 AM To: Council, SloCity Subject: letter Auto forwarded by a Rule Hello there this is timothy monahan I do the Farmer's market down town Thursdays night i also go to the La area on weekends i am tried of people taking away the farmers market from the people who made it what it is today why are people trying to take away things from farmers and have Mangers and not for profits think they own the markets the Farmer's should own the market that is what this is about thank you for your time. From: Lila Henry[SMTP:HEN RYLILA42@YAHOO.COM] Sent: Monday, February 01, 2010 6:22:41 AM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Dear City Council Members, Please support the SLO Farmers Market Association. They have done an outstanding job of running the Thursday night market for 27 years. It is a huge, well-attended, fun, and safe event that provides fabulous fresh food to the public and has made SLO the center of a now national local food movement. The Farmers Market Association should continue to run the Farmers Market. Thank you. Lila Henry From: Isouzal 52@aol.com[SMTP:LSOUZA152@AOL.COM] Sent: Monday, February 01, 2010 6:42:24 AM To: Council, SloCity Subject: Farmers Market Association Auto forwarded by a Rule Dear SLO City Council: I have lived in SLO county since 1979, 15 of those years I have lived in SLO, where I still own a residence. My family and I have spent many Thursday evenings at the Farmers Market and always found it an enjoyable and pleasant experience. I am very concerned that the Downtown Association has been able to so easily assume the market from the Farmers, after all their years of hard and efficient work. Please return downtown SLO market to the Farmers. Sincerely, Liz Souza (805) 709-8374 From: Janice[SMTP:TORBICO@CHARTER.NET] Sent: Monday, February 01, 2010 6:50:40 AM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Let the farmers run the market! Janice P. Lynch Retiree, Mother, Mabelle's chariot and Bella's slave. From: Thomas Cook[SMTP:TOM@CEACPAS.COM] Sent: Monday, February 01, 2010 7:53:20 AM To: Council, SloCity Subject: Support for SLO County Farmers Market Association Auto forwarded by a Rule Dear Council Members, As a Cal Poly Graduate and resident of this county for over 10 years I consider myself a local. As a local, I am frequent visitor to San Luis Obispo Farmer's Market. I always park on the"north" end of the market and make my way"south". I usually pick up some vegetables either on my way south or way back north,depending on the time I arrive. To me,it is this section of the market that Makes it a"Farmer's Market". I rarely make my way as far south as Broad Street. As I local, I do not find much on display in this section that I can't find during other times of the week. It is the local veggies on display that bring me out to the Market,for those are not as readily available during the balance of the week. Do I enjoy the rest of the market,yes. But is the rest of the market why I come,No. From the outside it appears to me that the Downtown Association is acting like an immature child that is attempting to retaliate for not getting its way. We are a relatively relaxed people in this county and don't much care for this type of behavior by"leaders"of or community. Please do not reward this type of behavior. In fact, I would like to see you reverse the decision of last week and censure the Downtown Association for conduct unbecoming.... Thanks for listening,Farmers should be in control of the Farmer's Market! Thomas M. Cook,CPA Cook,Ekmanian&Associates LLP 166 North 9th Street Grover Beach,CA 93433 (805)489-8458 (805)489-9146 fax From: Mike Pritchard[SMTP:MICHAELYNNE@SBCGLOBAL.NET] Sent: Monday, February 01, 2010 9:14:22 AM To: Council, SloCity Subject: Farmers Market Association Auto forwarded by a Rule Dear City Council, My wife and I want to offer our support to the farmers in this matter of the Downtown Association, We have known these good people for many years and they are a natural resource to be nurtured and appreciated not just pushed aside. No cogent reason for the "takeover" has been given aside from platitudinal generalizations. I'm put in mind of a quote from a brilliant women named Brigid Brophy who said Whenever people say 'We mustn't be sentimental,'you can take it they are about to do something cruel. And if they add 'We must be realistic/they mean they are going to make money out of it The Downtown Association should have more important and impactful things to do to support the city and generate income. Please consider the big picture in this matter. Michael and Lynne Pritchard From: mrie113@earthlink.net[SMTP:MRIELL3@EARTHLINK.NETI Sent: Monday, February 01, 2010 9:20:31 AM To: Council, S1oCity Subject: Farmers Market Auto forwarded by a Rule The SLO Farmers market on Thursday nights has always been such a popular activity, I can't believe you want to deprive the farmers of some of their income , They have developed this successful market over the years and deserve to reap the benefits, I am sure the downtown businesses also benefit greatly from this market. Things are tough for everyone. Lets enjoy the benefits of this market and not kill it by adding extra charges for these farmers. Sincerely, Maxine Riell 805-489-6849 mrie]13@earthlink.net EarthLink Revolves Around You. From: Jean Wright[SMTP:JEAN_WRIGHT@SBCGLOBAL.NET] Sent:. Monday, February 01, 2010 8;22.:50 AM To: Council, S1ocity Subject: Thursday Farmer's Market Auto forwarded by a Rule We are shocked to hear that the 27 year relationship of the Farmers Market Association with the SLO Downtown Association might be terminated. The Farmers Market is the most important part of our famous Thursday Night Farmers' Market, and the farmers should most certainly be involved in how the Market is run. We certainly hope you will reconsider this abrupt change in the way our Farmers Market will be operated. Sincerely, Jean Wright, 205 Broad St. SLO 93405, jean_wright@sbcglobal.net 805-785-0832 G%COUNCIL 0-CDD DIR I5�AO ctrl M6k- 2TIN 01A i Q /�"�7fa6eC2IR€CHIEF ■�gTTORNEY 0-pw DIA From: Sarah McMullen[SMTP:SARAH19_MINNIE@YAHOO.COM] ffCLERK/ORIQ a-POLICECHP Sent: Monday, February 01, 2010 10:43:52 AM DEPT HEADS M-REC DIR � ��g To: Council, SloCity; Council, SloCity / � 2IYIL DIA Subject: SLO Famers market should run their own market _ � _ SIR DIP Auto forwarded by a Rule --Coun.L^(L- ' ray ince Why would you terminate a wonderful market that has brought many people downtown for 27 years. I think that they are being treated unfairly and you should reconsider. Thank you. RED FILE Sarah McMullen MEETING AGENDA DATE44LOL ITEM From: Pandora Nash-Karner[SMTP:PANDORA@PANDORAANDCOMPANY.COM] Sent: Monday, February 01, 2010 10:50:24 AM To: Council, SloCity Subject: Please support the farmers in Farmers Market Auto forwarded by a Rule Dear Honorable Council members, I cannot attend your Council meeting on Tuesday night and I hope you will accept this letter in support of the FARMERS at Farmers Market. It's the fanners of Farmers Market that have made the event such a success in downtown on Thursday nights. In the beginning when it was a drag racing problem that prompted the closure of the street, it was the farmers who supported the idea. The mission of Farmers Market was and should continue be about healthy eating and lifestyles and who better than our local farmers,many of which are certified organic who sell products free of harmful chemicals and pesticides? As city leaders, I hope you would support healthy lifestyles by ensuring people can continue to buy healthy fresh local products and support our farmers. Providing locals and visitors alike with the ability to shop with local farmers provides them with a better quality of produce—fresher and healthier— than they can ever get from the local grocery stores. The Farmers Market management needs to be sensitive to the needs of farmers and be able to work with them. The Downtown Association is made up of business people and as such clearly know all businesses are unique, farming certainly being one. Unlike most businesses, their profitability is at the whim of weather,market demands and affordable locations to sell their perishable offerings. i It is unclear what is going on with the current Farmers Market management. The notice to the farmers was abrupt and vague. But, this should be more than just an economic issue, it goes to the heart of the market. The system has worked for 28 years why are you considering changing it? I encourage you to support good health and the economic viability of our farming community. Please support the local small fanning community. Thank you, Pandora Nash-Karner 350 Mitchell Drive Los Osos, California 93402 WE 805/528-7014 E: PandoraC&PandoraAndCompanV.com W: htt6://Www.PandoraAndComi)any.com From: jeffrey thompson[SMTP:JEFFREYTHOMPSON4@MAC.COMI Sent: Monday, February 01, 2. 010 11:31:04 AM To: Council, S1oCity Subject: farmers market Auto forwarded by a Rule We have had friends and family, as well as ourselves ,enjoying the thursday night farmers market, for years. I t is always a special fun thing to do and make san luis obispo unique. I t is also something that the college students can afford to do. I really see no need to have the city council now take over something that has been successful for all this time. Why would the council feel the need to take over or change something that works well the way that it has for years?????? From: Sandra Heller[SMTP:SANDIH5@SBCGLOBAL.NET] Sent: Monday, February 01, 2010 11:34:49 AM To: Council, SloCity Subject`. Farmer's Market Auto forwarded by a Rule I support the Farmer's Alliance in their desire to keep control of their own market. There seems no reason for the downtown association to take over that role. The market is vibrant and thriving; therefore, don't fix what isn't broken. Sandi Heller http://www.sandihellerart.com From: Alice Reinheimer[SMTP:ALICER1@CHARTER.NET) Sent: Monday, February 01, 2010 11:55:21 AM To: Council, SloCity Subject: Re: Farmer's Market agenda item for Feb 2, 2010 Auto forwarded by a Rule As I understand it, on January 14t"operation of the SLO Thursday night farmer's market was taken away from SLOFMA by the Downtown Association abruptly and without prior consultation. This is unfair to the SLOFMA and the farmers it represents. Farmers deserve a say in how the farmer's market is run. I request that the SLO city council grant the appeal of the SLOFMA. As you know, SLOFMA also operates the two farmer's markets in Arroyo Grande and one in Morro Bay as well as the Saturday SLO market. Of course the Thursday night SLO market is the biggest in the county. What will become of the other markets without support from the big one? A decision by the Downtown Association has the potential to create an impact far outside the boundaries of SLO. That is not fair. Again, I ask that you grant SLOFMA's appeal. Small farms are part of what gives SLO county it's charm and helps to make this area a tourist destination. I support the local farmers not only because I enjoy local food but because I recognize the economic benefit they bring to our area. They are part of a vibrant local economy. It is not fair to let the Downtown Association risk this. Please grant SLOFMA's appeal. Regards, Alice Reinheimer 580 Gularte Road Arroyo Grande CA 93420 (805)489-2930 From: EAReinheimer[SMTP:ERICA_R@CHARTER.NET1 Sent: Monday, February 01, 2010 12:11:23 PM To: Council, SloCity Subject: Farmers Market Auto forwarded by a Rule Dear Council Members, Please reconsider whatever led up to the SLOFMA being replaced by the Downtown association. We need to support our local farmers. They have done a fine job of running the farmers market, and there is no reason to change. The existing organization has the experience and support of the market participants - so they can continue to do a fine job. a And what will happen to the SLOFMA's other projects if they loose this one? Thank you for intervening on behalf of the SLOFMA in this matter. Sincerely, Erica Reinheimer From: Jennifer C. Allen-Barker, OTR/L[SMTP:JCBARKER@CALPOLY.EDU] Sent: Monday, February 01, 2010 12:59:01 PM To: Council, SloCity Subject: Farmers' Market Auto forwarded by a Rule Dear SLO City Council Members - As a long-time resident and patron of the SLO downtown Farmers' Market, I am concerned about the recent change in operations oversight for this weekly event. There are many rumors around, and no concrete information to assuage the uproar caused by the rumors, thus far. No matter what organization has oversight to this event, I would like you to know that it is my interest that this market continue to support the local and small farmer concerns. Having an opportunity to purchase locally, organically, and from small farming families/operators is why I go to the Farmers' Market. I have no interest in purchasing from large, non-local operations (if I want that, I'll get my produce from my grocery store). I will also tell you , that the primary reason I go to Farmers' Market is for the produce. I don't go to visit with friends or eat dinner sitting on a curb; those activities are secondary to the produce. If the local operators are compelled to quit this market due to fee increases (one of the many rumors flying around), I will seek other avenues for my produce and will very likely not attend the downtown Farmers' Market event. After nearly three decades of success, why change something that isn't "broken"? The Tribune has recently printed an open letter to the community, from the SLO Farmers' Market Association. I suggest that you and the Downtown Business Association follow suit soon, to outline the intent of the changes and plans for the future. I also would like an explanation as to why the Farmers' Market Association has been relieved of it's role in the SLO downtown farmer's market. Please consider some quick and open communication with your constituents on this matter. Thank you, Jennifer C. Allen-Barker From: Anne Sinsheimer[SMTP:ANNESINS@CHARTER.NET] Sent: Monday, February 01, 2010 12:59:04 PM To: Council, S1oCity Subject:: Farmer's Market Auto forwarded by a Rule Dear Friends, For many years, I have been a staunch Farmers Market shopper and supporter. The Farmers Market Association runs great markets for patrons and vendors alike. A management change is unnecessary. The Thursday Night Market has brought accolades to our city from visitors far and wide. Why change a good thing? Please leave market management under the direction of the Farmers Market Association. Thank You. Anne Sinsheimer From: Kathy Sherman[SMTP:IBDSHERM@EARTHLINK.NET] Sent: Monday, February 01, 2010 12:58:50 PM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule Like the majority of friend &neighbors, we're upset by the recent"takeover''of Farmers Market. This is especially surprising since the Farmers don't have solid reasons for this action, nor do any of us understand the termination of your relationship with the Farmers Market Association-but we all have our guesses, and can't think of one redeeming rationale for this to have happened. We will boycott Farmers Market until you re-evaluate this"knee-jerk"decision that was made... This just is not fair to take away the rights of the Farmers, especially in the manner you did...Shame on you! Please reinstate the original policy that kept us all coming to these wonderful events. You've tainted that long-held tradition with the unfair treatment of Farmers. You can still make this right and come out looking great. Mistakes happen -and boy, did you make one here! You're dealing with a community who does not like to see the underdog unfairly treated. Where would Farmers Market be without these hard-working people? Rethink your hasty decision, and we'll all support SLO community-you will see. Sincerely, Kathy Sherman From: Judy Jones[SMTP:JJUDY64@AT7.NET] Sent: Monday, February 01, 2010 1:01:34 PM To: Andrew Carter; Council, SloCity Subject: SLO Farmers Market Association Auto forwarded by a Rule Mayor and Council Members: I am concerned how the situation between the Farmers Association and the SLO Downtown Assocation has been handled. The Farmers Association has for 27 years done a wonderful job of putting on the Farmers Market in Downtown San Luis Obispo. The Downtown Business Assocation has augmented that with entertainment, and booths for food and non-profits. Why tinker with success. I AM CONCERNED THAT THE DOWNTOWN BUSINESS ASSOCIATION IS BEGINNING TO BECOME TO POWERFUL IN THE OVERALL DIRECTION AND DECISION-MAKING INVOLVING THE CITY. I would not like to see the Produce section moved further toward Morro Street. It seems to me that the Center of town has always been Higuera and Chorro. To move the produce booths etc further down because of outdoor eating tables and other elements will disturb the success of what has become a major attraction in the town. Other changes will occur with new business development and will the Downtown Assocation dictate additional changes and will they begin to change the business agreements with the Farmers. ?????? The Farmers Market may just decide to pull out of the downtown and where will that leave a wonderful Market that has only gotten more and more successful. I believe that the City Council has to step in and exert some direction and some legislation that will protect the Farmers Assocation and the "Farmers Market" downtown. If not, the Downtown Assocation and Chamber of Commerce will control what happens in the downtown, which is not for them to do, but for the Council and staff of the city to protect for all of the citizens not just businesses. Thanks Judy Jones From: KAJacksonBudd@aol.com[SMTP:KAJACKSONBUDD @,AOL.COM] Sent: Monday, February 01, 2010 1:17:38 PM To: Council,Monday-, Subject: Farmer's Market Thurs. Night in Downtown Auto forwarded by a Rule Dear City Council Members, As a SLO County homeowner and parent for the past 20 years, I request you continue to allow the Farmers of the Farmer's Market, held in the downtown section of San Luis Obispo on Thursday evenings. That Thursday evening event brings out the largest amount of farmers and their produce, and, moreover, it brings buyers from all over the county, and travelers to our area, to your downtown area, every Thursday evening. I realize it'sgrowth and popularity demands organization and participation by police and other civic employees, but it seems apparent the cost to run this venue should be afforded.. i The Downtown Thursday evening Farmer's Market is one of the main reasons your pedestrian Friendly Downtown is thriving. Take this away and you will lose a large returning customer base) saw what SLO was like before the Farmer's Market existed, and have witnessed the reality of it becoming a destination point countywide. On a yearly basis, I visit every Farmer's Market in our county, and always enquire how the participants think it fares compared to DowntownThursday Evening in SLO.Your venue remains the Best, the cornerstone of countywide success. The success is in the location, the time and the Farmer turnout. The extra venues of readymade food, entertainment and political/religious platforms can be weighed and reviewed. Karen Jackson, Cayucos, CA From: Trudy Jarratt[SMTP:TJ1945@ME.COM] Sent: Monday, February 01, 2010 1:18:09 PM To: Council, SloCity Subject: Support for the SLO County Farmers Market Association Auto forwarded by a Rule Dear Mayor and City Council, I want to express my support for the SLO County Farmers Market Association's desire to retain their relationship with the SLO Downtown Association. If our local farmers are not associated with all "Farmer's Markets" throughout our county we will loose something very special. Trudy Jarratt Trudy Jarratt U1945(&-mexom From: Rhonda Riggins-Pimentel [SMTP:RHORIGG@CHARTER.NETI Sent: Monday, February 01, 2010 2:09:37 PM To: Council, S1oCity Subject: Farmers Market Auto forwarded by a Rule Dear Mayor and Council Members, I did not get to sign the petition by the Farmers Market Association. I am using email to let you know that I believe they have been unfairly treated, and that they should say how the Farmers Market is run. They are to be credited for its success! In the past couple of years I have become convinced that the Downtown Association has evolved into a political rather than a promotional organization. I see the recent action by the Downtown Association as a power grab to collect funds for their own political agenda. Please do all you can to keep the farmers in their Farmers Market. Sincerely, Rhonda Riggins-Pimentel 2457 Leona Ave. SLO From: dorraine streeter[SMTP:PEKEPAD@GMAIL.COM] Sent: Monday, February 01, 2010 2:11:49 PM To: Council, SloCity Subject: farmer's market Auto forwarded by a Rule There is an old saying, "if it ain't broke, don't fix it" Please leave the market in the able hands of the farmers. From: pinardmat@aol.com[SMTP:PINARDMAT@AOL.COM] Sent: Monday, February 01, 2010 2:28:53 PM To: Council, SloCity Cc: davecongalton@clearchannel.co; KJohnston@newtimesslo.com; CRigley@newtimesslo.com Subject: Farmer's Market-for the Council Meeting's Record Auto forwarded by a Rule Dear Mayor and City Council, On behalf of the Old Town neighborhood I have been asked to communicate our concerns regarding our community's Thursday night activities. When Farmer's Market first began its approval was centered around the ability for San Luis Obispo residents to buy fresh produce from our local farmers. "Events" were to be in conjunction with the seasonal promotions. Over the years the "events" have become louder, more numerous, and the impacts on the neighborhoods ignored. We are the ones who live with the impacts - the noise, the trash, the vandalism, and the drunken behaviors. While others collect their profits we are the ones the community relies on to call the police when disturbances occur, such as when loud, drunken revelers start screaming, running out in front.of ongoing traffic at 2:30 in the morning or when fights break out. We pick up the broken glass beer bottles, and we bear the cost of repairing the damage done to our homes. The city has seen a significant outflow of home-owner residents. These are people who already lived here, owned their homes and yet chose to move out...mostly to the more livable surrounding communities. At the last census, the proportion had already deteriorated to approximately 60% renters and 40% homeowners. Residents testified at that time that the city was becoming more and move unlivable for families. They said the city was unresponsive to residents' needs. A recent analysis was that the city's population has deteriorated even further to a very unbalanced 70% renters and only 30% resident owners - a statistic more closely resembling Isla Vista's. You probably saw the report that a single recent Halloween "event" cost Isla Vista over $1 million in damages and enforcement. The rise in "events" downtown, especially on Thursday nights, has been in total disregard to the city's noise ordinances and common sense safety. On almost any Thursday night the highly amplified music can be heard 4 and 5 blocks away. The loudspeakers for Thus. nights and other events are set so loud that the words are clearly heard throughout the neighborhood. When and where was input from the neighborhood solicited and taken into account? Where are the sound studies to measure decibel levels? One wonders about the liability to the city for the damage to the hearing of the babies and little children standing right in front of those amplifiers. It would seem like only a matter of time until a lawsuit is brought against the city for creating such a dangerous situation. At a time when city residents are looking for healthier food and when we want to support our local farmers, the city should be making that easier to happen and providing for even more growers. The farmers'_ part of the downtown's Farmer's Market is wonderful. It's lively and family friendly. The variety and availability of fresh produce entices families to come downtown which provides the ambience (and safety) the city desires. When the families leave, the whole mood changes...and so do the costs to the rest of us. Sincerely, Peg Pinard former Mayor of San Luis Obispo and County Supervisor i l From: Ximena Ames[SMTP:XIMENA622@YAHOO.COM] Sent: Monday, February 01, 2010 2:31:08 PM -= RED FILE To: Council, Slocity — MEETING AGENDA Subject: Don't put the farmers out of business! DATELZILL ITEM #2929aLwe r Auto forwarded by a Rule To San Luis Obispo City Council: As concerned citizens, we want to say that the Downtown Association SHOULD NOT be operating the Farmer's Market. Farmers should remain in charge! Thank you. Mr. and Mrs. Paul W. Ames _tea eoPr �rn [L 989 Sweet Gum Lane E--COUNCIL Er-CDD DIR Nipomo, Ca. 93444 f��C�rnC2 [rFINDIR 0-16AA/GSrc1nflr-2 Q'FI RE CHIEF B'ATTORNEY Z?w DIR 12TLERK/OPIG C�'PDXE CHF (� DEPT HEADSC DI�1 C- = UTIL DIA From: Wendy Daly[SMTP:WGDALY@CHARTER.NET] '-_ p DIR Sent: Monday, February 01, 2010 3:00:29 PM NC�JTin4E5rue4 4- To: Council, SloCity e1TY ink Subject: Farmers' Market changes Ci Cmc Auto forwarded by a Rule We hope that Mayor Romero and each council member takes the time to read our letter regarding our strong opposition to removing the Farmers' Market Association from the co- administration of our Thursday night downtown activities! Jim and Wendy Daly 1775 Conejo Ave San Luis Obispo, CA 93401 RE: Farmers' Market Administrative changes To City Council Members Dave Romero, Vice mayor Andrew Carter, Council member Allen Settle, Council member Jan Howell Marx, council member John Ashbaugh Slocitycouncil(&slocity.org February 1, 2010 San Luis Obispo risks losing one of our community's most loved treasures or seeing its character and quality eroded. The ability of the Farmers' Market to co-exist with downtown merchants depends on the Farmers' Market having a separate advocate in order to reach fair compromises on how the market is organized and where vendors sell their goods. We have a Farmers' Market Association that had done a great job of this for 27 years! i Why endanger such a wonderful part of our lives in San Luis Obispo and why change what so obviously works so well? We need the Farmers' Market Association to ensure fair management and representation for the farmers who participate in our Thursday night Farmers' Market and those who buy their produce. If you read the Tribune or the New Times or speak to farmers and their customers, you know that the Downtown Business Association,headed by Deborah Cash, is attempting to take over the Farmers' end of Farmers' Market in addition to controlling the Thursday night food, information, and entertainment venues of the businesses in the Downtown corridor. This is a bad idea for the following reasons: 1. Most of us did not realize that The Farmers' Market is a separate entity,but it makes a lot of sense—a not for profit legal entity created for the mutual benefit of farmers and their customers, dedicated to providing its customers with.fresh high quality produce at a reasonable price while providing a strong marketplace for small family farms. The rapport between the farmers and our community was developed over many years and much hard work on Peter's part. It seems senseless to do away with the very entity that makes Thursday night in Downtown SLO so special. 2. The Downtown Association admittedly does not know the farmers,nor does it know what it takes to get products from the fields to the store. The Downtown Association will now be responsible for the quality and price of fresh produce sold at our farmers' market,but no advocate for the farmers or their customers will be involved in the Downtown Association's decisions. 3. The Downtown Association will decide where the farmers display and sell their goods, and it may decide to raise the cost of participation on Thursday nights; but the farmers will have no advocate for their interests. The smaller farmers who now participate may be forced out due to higher costs and/or poorer locations. Thus we may see larger farming corporations dominating our market. 4. Being a merchant in downtown SLO is an expensive undertaking,but the Farmers' Market is a big reason for the downtown's popularity and thus its desirability as a business venue. Downtown businesses have benefited from the participation of our small farmers. The farmers deserve representation in the Downtown Association's Thursday night activities. Wendy and Jim Daly 1775 Conejo Avenue, San Luis Obispo, 93401 805-543-9447 From: rgingg@charter.net[SMTP:RGINGG@CHARTER.NET] Sent: Monday, February 01, 2010 3:24:55 PM To: Council, SloCity Subject: FARMERS MARKET Auto forwarded by a Rule I Right out of high school in 1960, I moved to San Luis Obispo. I worked for a living. I have lived there ever since except for 15 months which were spent in the U.S. Army in Colorado Springs with my husband. I remember when Farmers Market was started. It was to keep the high school and college students from cruising Higher Stree on Thursday nights. This would allow the adults who wanted to shop, do so in peace. For 27 years, the farmers have done just that. Why is it now that we have some Hotel and other businesses who want to change all of this. There have been many magazine and newspaper articles that showcase our Farmers Market. I think that is a feather in their cap. Let the farmers continue like they are doing now. Rosalind Gingg 1326 Cecelia Court SLO, CA 93401 From: Vivi Justesen[SMTP:EVYJUST@GMAIL.COM] Sent: Monday, February 01, 2010 3:45:04 PM To: Council, SloCity Subject: Farmers' Market Auto forwarded by a Rule Honorable City Council: I was unable to sign the petition for the Farmers' Market last Saturday and would like to add my name to what I hope is a very long list of residents who think that the Market has been very unfairly treated by the Council. What makes the Market so wonderful - and attractive to the tourists in the summer - is precisely the produce - farmer .aspect of the Market. All the rest is just "fluff" . Don't treat the backbone of our Market so spuriously. Respectfully yours. Evy Justesen 2065 McCollum St SLO 93405 From: Dawnna McDougall[SMTP:DAWNNAMAC@CHARTER.NET] Sent: Monday, February 01, 2010 4:09:27 PM To: Council, SloCity Subject: Farmers' Market Auto forwarded by a Rule Honorable Mayor Romero, Vice Mayor Carter, and Council Members Ashbaugh, Carter, Howell-Marx, and Settle, Since inception, the San Luis Obispo Farmers' Market has been a wonderfully successful Thursday night event, acclaimed far and wide, imitated and celebrated. It is certainly puzzling and disturbing to see the Downtown Association suddenly and without explanation take over from the SLO County Farmers Market Association operations which have been so well managed under the leadership of the very responsible and capable Administrator Peter Jankay. It is my expectation that you will call for an explanation, documentation and a just rationale from the Downtown Association for this disturbing action when you take up the issue tomorrow night. Dawnna McDougall 3040 Johnson Avenue San Luis Obispo, CA 93401 From: Larry Wright[SMTP:LARRYSLO@YAHOO.COM] Sent: Monday,February 01, 2010 5:13:27 PM To: Council, S1oCity Subject: farmers market Auto forwarded by a Rule Dear members of the SLO City Council, Please do not let the Downtown Association take over control of the Thursday farmers market, We believe that farmers are best qualified to say how the market should be run. Thank you, Larry and Carolyn Wright From: Beverly Gingg[SMTP:BGINGG@SMCF.ORG] Sent: Monday, February 01, 2010 5:25:28 PM To: Council, S1oCity Subject: Farmers Market Auto forwarded by a Rule Dear San Luis Obispo City Council Members, We're writing to express our strong opposition to termination of .the 27 year relationship .between the San Luis Obispo Farmers Market and the San Luis Obispo Farmers Market Association. Farmers have made and will continue to make the Thursday night Farmers Market the success that it is. Please do not go through with the Downtown Association's ill- conceived plan to take this away from the Farmers Market Association. This could ruin one of the best things about SLO. Thanks for giving this your full consideration. Best regards, Beverly and Bryan Gingg 680 Skyline Dr. San Luis Obispo, CA 93405 (805) 549-9319 From: Janice Zoradi [SMTP:JLZORADI@GMAIL.COM] Sent: Monday, February 01, 2010 5:42:42 PM To: Council, S1oCity Subject: Keep the Farmers in Farmers' Market Auto forwarded by a Rule To SLO City Council Members, I support the role the SLO County Farmers' Market has played in the Thursday Night Farmers' Market. I urge you to do the right thing and continue to allow the SLO County Farmers Market to have a say in the how the Farmers' Market is run. It's obvious, it's natural, and it's commonsense. I buy all my fruits, vegetables, flowers, nuts, eggs, plants, meats, etc. etc. at the SLO Farmers' Market, and I trust the farmers to continue their long record of making good decisions on behalf of the entire community. Take a stand for small business - these farmers are the backbone of our agricultural presence in this county. I support the farmers. . .and I vote. Sincerely, Janice Zoradi 2360 Madrid Ct. San Luis Obispo, CA 93401 From: rschmidt@rain.org[SMTP:RSCHMIDT@RAIN.ORG] Sent: Monday, February 01, 2010 6:20:24 PM To: Council, S1oCity Subject: farmers market Auto forwarded by a Rule Dear Council Members, I fully support the farmer's market association having control over its own event. The downtown association is seriouslsy out of line in its unilateral exercise of hegemony over the farmers. Their control-freak mentality needs to be curbed by the council; the streets belong to us, not to them, after all. Frankly, the DA's events stink, and I wouldn't mind seeing the farmers take them over, and make this event the nice family-friendly community event it used to be instead of a prelude for the first of three successive drunk nights. Sincerely, Richard Schmidt From: Dylan George[SMTP:DYLANGEORGE541 @GMAIL.COM] Sent: Monday, February 01, 2010 6:23:39 PM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule My favorite part of"Farmer's" Market is the fresh local produce I can purchase directly from the people who grow it in our county. I feed my family with it, and the experience we get to enjoy together is most priceless. This beloved town is known across the nation for our Farmer's Market. Without the Farmer's, it's just another, colorless painting in the newspaper. The vibrance that the fresh food selection brings to the downtown scene, shines through each customer that travels across town to experience the family friendly atmosphere. If you make this unfortunate decision, you will be responsible for decreased optimism and increased shame upon this county. Please reconsider. Sincerely, Dylan G. From: Whit Donaldson[SMTP:KESTREL 1234@SBCGLOBAL.NET] Sent: Monday, February 01,2010 8:08:08 PM To: Council, SloCity Subject: Farmer's Market Auto forwarded by a Rule My husband and 1, who have lived in this county over 20 years, are not pleased by the action of the Downtown Association in regards to their take-over of the Farmer's Market. We LOVE the Farmer's Market being run by those who, over the years with their experience and intelligent decision-making,have made this event one of the great experiences anyone visiting the Central Coast can have. This surprise action reeks of the corrupt politics that San Luis Obispo County has been known for in the past. Please don't let this happen to a great organization of people led by the most competent person we know, Dr. Peter Jankay. We beg you to hold off on this decision and get the right people working together to develop and institute a fair solution. If the Downtown Association (who in our eyes is already destroying our beloved downtown with all their planned high-rise buildings) gets their way, we, our friends, family and guests will boycott the Farmer's Market. Please keep the farmers involved in how the Farmer's Market is run. For 27 years of success,these folks deserve much better treatment and respect. Sincerely, Jane and Whit Donaldson 2736 Santa Barbara Ave. Cayucos, CA From: A Riley[SMTP:ARILEY@FIX.NET] Sent: Monday, February 01, 2010 8:20:23 PM To: Council, S1oCity Subject: Please support the Farmers Market Assoc Auto forwarded by a Rule Dear SLO City Council, I would like to support the Farmer's Market Association. They should definitely retain their control over the market. We need to support local farmers and the local aspects of the produce markets. The other `events' on Thursday night are getting unwieldy, and I wont'that the Downtown Association would increase this trend until the traditional SLO farmer's market becomes more of a burden on the city residents than a blessing. Mary Riley From: Jessica Barba[SMTP:JESSICABARBA.MD@GMAIL.COM] Sent: Monday, February 01,2010 8:25:25 PM To: orgfarm@calpoly.edu; sloda@downtownslo.com; Council, SloCity Subject: farmers market Auto forwarded by a Rule hello my name is Jessica Barba and I am a reporter from the Mustang Daily on Farmer's Market and the Downtown Association and wanted to ask you several questions. If you could get back to me as soon as possible as my deadline is tomorrow at 9 I would really appreciate it. I am available anytime tonight and tomorrow. Jessica Barba 818 389 9962 From: Douglas Pillsbury[SMTP:DOUGLAS@THEGRID.NET] Sent: Monday, February 01, 2010 9:19:51 PM To: Council, S1oCity Subject.: Farmers Market Auto forwarded by a Rule To: Dave Romero, Andrew Carter, Allen Settle, Jan Howell Marx, John Ashbaugh: ] we are concerned that the Downtown Association has not treated the SLO County Farmers Market Association with the respect it is due after years of service to our community. If there is a way for both organizations to share the benefits of the Thursday night event, we hope that the city council will make the effort to promote that solution. Sincerely, Douglas Pillsbury From: paganspirit[SMTP:PAGANSPIRIT@GINANKEN.COM] Sent: Monday, February 01,2010 9:50:45 PM To: Council, SloCity Subject: Fanners Market debacle Auto forwarded by a Rule Dear SLO City Council Members, I am astounded to hear of the lack of respect with which the SLO Downtown Association has treated the local farmers and the Association they have set up to protect their interests. Like an "at-will" employee, the SLO County Farmers Market Association has been blindsided, without either notice or even official paperwork,told that they are completely dispensable, and essentially are being "fired" by the Downtown Association. It is obvious to me that the Downtown Association has an inflated image of itself; who has granted them the power to treat the SLO County Farmers Market Association like this? If the City Council has any say so in this matter whatsoever, I hope that you will garner an explanation at the very least from the Downtown Association for how the Farmers Market Association has been treated, if not a full apology. As a weekly consumer of fresh, safe and local produce from my own farmers markets in Arroyo Grande, I am aware that the loss of both control over and substantial revenue from the Thursday night farmers market could affect smaller farmers markets throughout the county, including my own Arroyo Grande markets. In this era of food insecurity,we who live in SLO County feel extremely fortunate to have locally grown, fresh produce available year round from our beloved farmers markets. Please do not let corporate interests and selfish financial gain blind you to the importance of local farmer control over these markets, which are precious to all our county residents. Please reverse this decision by the Downtown Association at Tuesday's meeting of your council. It is both unfair and inappropriate for anyone but the farmers to have control over their markets, and if you would listen carefully to the farmers' explanations about why this is true, I am sure you will have no choice but to agree. Sincerely, Gina Whitaker Arroyo Grande, CA From: carolja[SMTP:CAROLJA@GOTSKY.COM] Sent: Monday, February 01, 2010 10:10:33 PM To: Council, S1oCity Subject: Keep farmers Market as we know it Auto forwarded by a Rule I beg you gentlemen — DO NOT take our farmers out of their rightful place at framers market What is your reason ??? The vegetables&fruits are wonderful — They are a very big calling card to Thursday nights events WHY ?? WHY ??? Please do not do this.!! Carol Alexander 5010 Hwy One Cayucos CA 93430 From: Robert LyonISMTP:BOB@STUDIOSBLACKBIRD.COM] Sent: Monday, February 01, 2010 11:40:38 PM To: Council, S1ocity Subject: Farmer's Market Auto forwarded by a Rule Hello; As a thirty six year resident of San Luis Obispo, I am very upset by the recent move by the Downtown Association in their blatant take over of the Farmer's Market on Thursday nights. I do not feel that the Downtown Association actually has the best interest of the majority of participants of the "Thursday Night Event" , which by most everyone who knows about it calls the event the San Luis Obispo Farmer's Market. Please consider the idea that the Farmer's Market should be run by the Farmer's Association, which has the best interests of the actual farmers in mind, as opposed to the Downtown Association, which seems to only have the narrow interest of a select few of their members. The Downtown Association has stepped over the bounds of what an association such as their should be focusing on. I suggest that Deborah Cash be removed as the head of the association as she has been in the position of leadership when the association has stepped over those bounds. Thank you, Bob Lyon, San Luis Obispo. From: Kimberly Pasciuto[SMTP:SENZAPENSIERI@SBCGLOBAL.NET] Sent: Monday, February 01, 2010 3:12:15 PM To: Council, SloCity Subject: SLO Farmers Market Auto forwarded by a Rule Dear Council Members, In anticipation of your meeting tomorrow, attached is a letter regarding the issues surrounding the SLO Farmers Market. Thank you for your consideration of this very important matter. Sincerely, Kimberly B. Pasciuto, J.D Central Coast Agricultural Network Farm to School Committee, Chair (805) 238-3775 i San Luis Obispo City Council Feb 1, 2010 Via Email: sloci council0slocity.or� Re: San Luis Obispo Farmers Market Dear Council Members, Tomorrow you will hear many members of the public and many of our best local farmers speak against the unilateral decision of the Downtown Association to take the management of the farmers'portion of the Farmers Market away from the Farmers Market Association. While at first blush it might seem a wise decision to consolidate the market under one manager,the fact is this will be a serious mistake and put all our county farmers markets at risk. Farming is a difficult proposition at best. The farmers market system is critical to the financial success of our local farmers. The fees that farmers pay for their spaces go, in part,to support the management of the market by professionals with the farmers' interests first and foremost. Market managers spend untold hours not only working with farmers and the public directly at the markets but also by supporting a variety of community organizations like Farm to School Programs and Pallet to Palate. Who shall I call at the Downtown Association when I need a box of produce for a tasting at a local elementary school? Who will attend the National Farm to School Conference with local school food service directors to support their efforts to get locally grown produce in our schools? The fees collected at the San Luis Obispo Farmers Market go to support the network of smaller markets throughout the county. Allowing the Downtown Association to grab the fees that pay the market managers will weaken the entire system. 1 urge you to ask reject the unilateral action of the Downtown Association and leave management of the Farmers Market with the farmers and their market managers. Sincerely, Kim Pasciuto Central Coast Ag Network Farm to School Committee, Chair (805) 238-3775