HomeMy WebLinkAboutAndy Lara & Vanessa Godoy_09-16-2020_Open Session_Agenda Item 6 1
September 16, 2020
Dear San Bernardino City Council, Mayor, City Manager:
Regarding Staff Report Item No. 6:
The City of San Bernardino seeks to police and punish food vendors on weekends and evenings,
yet the city is unwilling to police itself (via not placing restrictions on campaign funds). They are
happy to circumvent a state ordinance, but only when convenient to them, like when they
declined to limit campaign spending, allowing what the state set as the limit to apply to them as
well. It’s hard, thus, to understand the overzealous interest in policing food vendors, especially
near my home in Ward 6, where if it weren’t for the food vendors that coalesce here on
weekends, we would live in a food desert. The community has stepped in to feed the people,
where the city has neglected to do.
If the city is interested in public health and safety, it could begin with enforcing clean air,
especially in the 6th Ward, where often mysterious and terrible smells force us inside.
Instead of harsh fines for people who violate the health code, you could introduce tax cuts to
businesses who go green and embrace sustainability, especially in high-traffic areas, like
State/University St. As it currently stands, Ward 6, like much of San Bernardino is a ghost town.
No economy, no business, no cash flow. Here, the few dollars that do exchange fists fly on the
wings of tacos, pupusas, and quesadillas--cheesy, juicy, filling--best washed down with Agua
Frescas or a cold Mexican coke—and best enjoyed under a star-filled summer night, or at
sunset, with the mountains serving as backdrop. These are the wholesome scenes which you
will stomp on.
If the city is worried about health risks and unsanitary conditions involving food preparation,
then they could provide portable toilets/sinks at event locations. Further, they could place a
City resource booth and table wherever activity is regularly happening, and distribute gloves,
hand sanitizer, masks. Go there, and distribute free San Bernardino swag and invite community
organizations and services to also table. Create community, don’t crush it. If the City wants to
be sure to intercept some of the food vendor cash flow, then they could put vendors on the fast
track to licensing and permits. Where the City sees a hole to exploit in the State law, they
should patch it up, not tear apart. The city could create a sidewalk food vendor ordinance, not
lazily prohibit the practice.
And what does the practice mean to the city council and city manager and mayor, many of
whom are outgoing this year? Why place this on the fast track, but not the cleaning up of the
parks, where public health violations and examples of poor quality of life can widely be found?
Why is there not similar enthusiasm about cleaning up our streets, where illegal dumping, piles
of trash, mountains of sofas, and homeless people huddle under newspapers alike. A loveless
loveseat here, or lonely person there, all crouched at every corner.
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The City’s actions seem vindictive and petty. This is an ordinance that actually only serves the
interest of landowners. For example, on one block in my neighborhood with heavy food vendor
activity, there sits an empty lot, whose neglectful owner has yellow tape around some trees,
with a sign that says “private property/keep out.” San Bernardino should refrain from putting
the interests of owners of empty, weed-littered dirt lots before the interests of living, breathing
people. The Councilmembers from Wards 2 and 6 should know their demographics and how
this ordinance would harm them. The Councilmembers of the remaining Wards probably should
not have too much to say since their demographics are not represented here, and do not have
the experience of food vendors and food deserts in their areas. Staff should present maps of
areas where the food vendors are detected, and see if there are better, smarter ways to service
those areas. This seems like an awful lot of time and money to spend if we’re only talking about
Lupe selling sliced coconuts outside the courthouse. And what will the city do about enforcing
the health code when the location falls in a disputed region between city and county
jurisdiction?
Furthermore, if we’re looking at a larger crowd, then restriction on street vendors would violate
the constitutionally-protected right to assemble, as well as freedom of speech. The health code
and its enforcement is an overreach on freedom of the people to determine their own health
and wellness choices.
Further, for a City who on this same agenda declared that racism is a public health crisis, it is
awfully hypocritical and near-sighted to not recognize the undue influence that this act would
have on Latino communities. If the City is having a cash flow problem, they could begin
elsewhere, such as the large salary they are granting to the incoming City Manager at
250,000/year. Don’t violently shakedown the ladies making tortillas á manó for $1 a pop. This
ordinance is harassment, bullying and intimidation, and if you pass this, your anti-racism
ordinance means nothing. Bring us restaurants here in the 6th ward; don’t give us court dates.
Invite us to dinner; don’t steal it. You are literally taking food out of people’s mouths.
It is further concerning that all food operations are supposed to be outdoors now. The County
of San Bernardino is tweeting about incentives for business owners who were affected by
COVID-19 and had to comply/move operations outdoors. The SBA is literally throwing money at
people to set up some tables and chairs outside their restaurants. It is deeply troubling that the
city/county/state is catering to this group of people over here, and ignoring the people over
doing the exact same thing. Again, the city could create a paid position or two or three to do
community outreach, and help people get set up to meet criteria and get prepared to
contribute to the city. Everyone would love to comply, if the City would try to help. This health
code and enforcement does not help.
If the city finds that it is becoming too expensive and needs to find additional sources for
revenue, then two birds with one stone can be achieved if it sells off some portions of the city.
Just how it currently has pockets of land that it does not own, so San Bernardino can rid itself of
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cost of managing, and gain money by redrawing the map of San Bernardino. A smaller city
would be easier to manage.
Final suggestion: the councilmembers who do not face this issue, and the councilmembers
vacating their seat in November should, again, not have much to add in the ongoing
conversation on this issue, for reasons stated above.
Sincerely,
ANDY LARA & VANESSA GODOY
RESIDENTS WARD 6