Item No. 12
Linda Thai
From: Frank Kearns
Sent: Monday, April 10, 2023 12:32 PM
To: Downey City Clerk - Public Comment
Subject: RE: Agenda Item 12. Provide Direction to Staff Regarding the Management Of The Downey Farmer's Market.
Thank you for the opportunity to address Agenda Item 12: Provide direction to staff rearding the management of the gDowney Farmer's Market.
First, I would like to emphasize the important contribution that the Farmer's Market has made over the last 15 years to the Downey Community. In addition to providing alternativf; and interesting foods and other items to shoppers, the Farmer's Market provides attractive cultural cach6 to the City, and brings life and energy to the downtown area on sleepy Saturday mornings.
Second, it is Important to recognize that the current operator of the Farmer's Market has been providing this service since 2008, through ups and downs, vendor turnover, location moves, and of course the several -year -long COVID crises.
They should be commended for this, their expertise should be acknowledged, and this history and expertise should be an important consideration in decisions about the management of the Farmer's Market going forward.
Finally, I am surprised by the consideration of the Downtown Downey Improvement Association (DDIA) as a potential manager of the Farmer's Market. There is no question th the DDIA plays an important role in the enhancement and public marketing of Downtown Downey. It plays a role in providing public services such as security in the area and the staging of special events. However, the Farmer's Market is a different case altogether. I The Farmer's Market is an on -going business operation that serves the general public in the City of Downey. The DDIA is an organization that by its bylaws is composed of a majority property owners in the area. While there is public representation to the organization, the majority is specifically property owners. It seems troubling to place an on -going business operation, serving the general public, under the control of an organization that is not
accountable to the public, and in fact represents specifically local property owners whose interests may be different from the general public.
And this fear is brought out in the staff report. Under cons of Decision 3 Option 3, If the DDIA is selected to manage the Market "A Certified Farmer's Market may not be guaranteed". The loss of the Farmer's Market would be a real setback for the City, and the risk of losing the Market due to the actions of any organization other than the City itself and its directly elected officials is in my view unacceptable.
So I see no reason byte DDIA should have any role in the management of the Downey Farmer's Market.
MEMEM
•
Item No. 12
Linda Thai
From: Pooja Nair
Sent: Monday, April 10, 2023 5:14 PM
To: Downey City Clerk - Public Comment
Subject: Downey City Council Meeting- Agenda Item #12- Public Comments from Downey Farmers Market Vendors
Attachments: Habaneros Salsa Letter of Support.pdf; Naturally Sprouts- Downey Public Comment.pdf, Berumen Farms- Downey Public Comment.pdf; Don Pilis Apiary- Downey Public Comment.pdf; G-Farm- Downey Public Comment.pdf; Axala- Downey Public Comment.pdf; Onofre Farms- Downey Public Comment.pdf, Bonjour- Downey Public Comment.pdf; Alex's Fruits and Nuts- Downey Public Comment.pdf, MP Family Farm- Downey Public Comment.pdf; Bonanza Farm- Downey Public Comment.pdf, Sweet Patty- Downey Public Comment.pdf; JM Produce- Downey Public Comment.pdf; Victor Gonzales- Downey Public Comment.pdf On behalf of Raw Inspiration, I am forwarding public comments that Raw Inspiration received from Downey Farmers Market vendors. Please add to the agenda packet for item #12.
Thanks,
Pooja
Pooja S. Nair
Partner
RVIN COHEN & JESSUP L€__P
The information contained herein is confidential and privileged attorney -client information or work product intended only for the individual or entity to whom it is addressed. Any unauthorized use, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately.
Friday, April 7, 2023
Clear Honorable City of Downey Council Members,
My name is Adrian Zapata and my company is Habaneros Salsas. I sell Salsas and Corn chips.
I am a vendor at the Downey Farmers Market. l have been a vendor for eight years at the market.
We have learned that there is a possibility that the City may change Management of the Farmers Market. I would like to state that I will not be attending the market unless Raw Inspiration is in full managdrnent of the Farmers Market.
Thank you,
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Item No. 12
Linda Thai
From:
Susan Bouris
Sent:
Tuesday, April 11, 2023 11:07 AM
To:
Downey City Clerk - Public Comment
Subject:
Farmer's Market
I want to state clearly that I do not want the changes that are being considered for the current operations of the Downtown Farmers' Market approved. Let's see if the City Council listens to the citizens for once.
Item No. 12
Linda Thai
From: Pooja Nair
Sent: Tuesday, April 11, 2023 11:13 AM
To: Downey City Clerk - Public Comment
Cc: Kelly Scott
Subject: Downey City Council- Public Comment Letter- Agenda Item #12- Farmers Market Attachments: 10857981 _5.pdf
Please see attached a public comment letter from our firm on behalf of Raw Inspiration, to be added to the agenda packet for today's City Council meeting.
Thanks,
Pooja
Pooja S. Nair
Partner
VIN COHEN & JESSUP t.u_P
The information contained herein is confidential and privileged attorney -client information or work product intended only for the individual or entity to whom it is addressed. Any unauthorized use, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately.
•
City of Downey- City Council
11111 Brookshire Ave
Downey, CA 90241
k7m, mmm 0- ITS W4 M =.- 12 row, ag an, RIM =51*111111rill =11 11", 1XID I have reviewed the report for Consideration of a City or Third -Party Provided Downey Farmers Market and understand that one option proposed to the City Council is for the City of Downey terminate its contract with Raw Inspiration in order to award the Farmers Market business to the Downtown Downey Improvement Association ("DDIA"), which has never run a farmers market before and lacks the expertise to do so.
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In November 2022, the City of Downey executed an amendment with Raw Inspiration. The Staff Report dated April 11, 2023 states: "in November 2022, the City amended the agreement to extend the contract to December 2024. However, it was later determined that this amendment was not valid as the November 2020 agreement did not authorize an extension beyond November 2022. Therefore, the agreement has expired as of November 2022, and to continue the certified Downey's Farmers® Market, staff will need to bring an additional contract before the City Council to continue having Raw Inspiration, Inc. operate the market." 12705.2:10857981.5
April 11, 2023
This reference in the Staff Report is the first time that Raw Inspiration has heard any contention from the City that the duly -executed Amendment No. 1 to Services Agreement (the "Amendment") was invalid. Raw Inspiration has relied upon the Amendment to continue providing the Farmers Market service to the City.
Moreover, it is axiomatic that parties to a contract can mutually agree to amend any term of the contract, which is what has happened here. See Civil Code section 1698(a). The Amendment states that "City and RI hereby amend Section 3.3 of the [November 2022] Amendment to read as follows: "Term. The term of this Agreement shall be from December 17, 2020 to December 17, 2024..." Therefore, the language in the November 2022 Agreement regarding the term was superseded by the Amendment.
I urge the Council to honor the term of the City of Downey's contract with Raw Inspiration, which extends until December 17, 2024. In circumstances where Raw Inspiration relied on the signed Amendment, and the City purported to have the authority to execute the same, the City is obligated to stand behind the Amendment.
Raw Inspiration's YUpjg;gg_AW1Ay and Investment to Run the Downey Farmers Market Raw Inspiration has been operating Farmers Markets in and around Southern California for 23 years and currently operates 26 Farmers Markets. Raw Inspiration has built the Downey Farmers Market with painstaking care over the past 15 years.
Raw Inspiration has vast expertise in running a successful Farmers Market and has all the tools required to make these markets successful. For example, Raw Inspiration has a vast vendor database of over 5,000 vendors, putting it in the best position to seamlessly transition when farmers or vendors leave and need to be replaced, and to deal with last-minute cancellations.
These vendor relationships ensure that customers have the best experience possible. Raw Inspiration also takes quality control extremely seriously, and has an infrastructure to ensure that vendors meet safety and public health requirements.
Raw Inspiration incurs a significant overhead in order to run the Downey Farmers Market. This includes staffing, advertising, vendor relationships, and the setup/cleanup. rator
Farmers Market are subject to a myriad of rules and regulations, including health, food safety, security, and agricultural rules. Unlike Raw Inspiration, DDIA is not familiar with these rules and permitting processes. It does not understand the ins and outs of making a Farmers Market safe 12705.2:10857981.5
April 11, 2023
and successful. This lack of experience can lead to a number of safety hazards and failures, including:
• Failure to obtain appropriate permits;
• Lack of quality control for food safety and physical safety; • Inability to ensure that vendors adhere to the same standards; and • Inability to replace vendors,
Additionally, if the City wants to proceed with a different vendor than Raw Inspiration, it should do so through an RFP process that Raw Inspiration can participate in, The Staff Report's Option 3 would allow DDIA to take over the Downey Farmers Market without going through the competitive RFP process to prove that it is the best candidate for Downey. The City of Downey's Finance Department website states: "it is the City policy to obtain competitive bids whenever possible." Allowing D[CIA to take control of the Downey Farmers Market without proving that it can handle the market is a disservice to the City of Downey.
The Downe ions to the QoWngjS;#�
In 2007, Raw Inspiration was contacted by the City of Downey to bring the City of Downey and Downtown Downey a Farmers Market. Raw Inspiration worked with the City to advertise and get the word out for a 2008 Farmers Market launch. It spent a good 6 months planning, permitting, getting the best quality vendors and marketing to the City of Downey. The Farmers Market opened on April 19, 2008 on Second Street between La Reina and New Street. Raw Inspiration spent the first two years advertising and building the market, having community giveaways and -�#, It#—M',,t'.t"�?.,--Fi,
and wanted to buy from.
In 2010 just two years after the market opened, The City requested that Raw Inspiration move the Farmers Market to a new location, on Downey Ave between 2nd and 3rd Street. After the COVID-19 pandernic broke out, over half the farmers markets in the County of Los Angeles closed. Raw Inspirations did the difficult work of figuring out how to remain open under strict guidelines and working closely with both the Agricultural Department and the Health Department. Most of the Raw Inspiration staff also volunteered their time without pay in ord to keep the Downey Farmers Market alive.
During its 15-year operation of the Downey Farmers Market, Raw Inspirations has adhered to I'm philosophy of leaving things better than it found them. Most significantly, Raw Inspirations ha provided $200-500 a week in Snap/EBT coins to customers of the Farmers Market during the pandemic. This was a huge hardship on Raw Inspirations, but was done to meet the communil 12705.2:10857981.5 3
April 11, 2023
needs. The company continues to donate $200-$500 a week and gives away free flowers, prepared meals and fruits and vegetables each week, beyond the Snap/EBT giveaway.
Information
Raw Inspiration is a professional Farmers Market Operator who cares deeply about bringing the best possible farmers market to the City and its residents. Raw Inspiration has worked hard to provide a true community meeting place.
We are happy to provide the City Council and City Staff with references from both Channel Islands Harbor and Monrovia. Additionally we urge you to ask Juddy Montenegro, the former City staff member who was Raw Inspiration's direct contact, for her experience working with Raw Inspiration to develop and grow the Downey Farmers Market.
Additionally, several of the vendors who have a long-term relationship with the Downey Farmers Market have expressed concerns about changing management, and have signed petitions in support of the City maintaining its contract with Raw Inspiration. These petitions are attached as Exhibit 1. Some vendors have also prepared letters in support of Raw Inspiration's continued management of that were collected at the Downey Farmers Market and will be sent to you separately.
, and my email is
Sincerely,
Pooja S. Nair
CC: Kelly Scott
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Item No. 12
Linda Thai
From: Pooja Nair
Sent: Tuesday, April 11, 2023 11:48 AM
To: Downey City Clerk - Public Comment
Subject: Downey City Council Meeting- Agenda Item #12- Public Comments from Downey Farmers Market Vendors
Attachments: Livias Kitchen Letter for Downey.pdf; 1. 001-2023 City of Downey Fresco Pasta.pdf; Wava Downey Letter.pdf
On behalf of Raw Inspiration, I am forwarding public comments that Raw Inspiration received from Downey Farmers Market vendors. Please add to the agenda packet for item #12.
Thanks,
Pooja
Pooja S. Nair
Partner
E VIN COVEN & JESSUP L.iLP
The information contained herein is confidential and privileged attorney -client information or work product intended only for the individual or entity to whom it is addressed. Any unauthorized use, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately.
Attn: Downey City Council Members
i have heard that there is a possibility that a chanoa in management might happen with the Downey farmers market. I wanted to reach out as I am in the works to join this market, I have been a vendor for over 13 years selling gluten free and vegan baked goods, When I first started I joined Raw inspiration markets. From the beginning this company has supported my business and the relationship of respect and loyalty has been cultivated. I would not be joining the Downey farmers market if it was not for my loyalty in return to Raw Inspiration, To change management of the market would be a disservice to the vendors and to the community.
Thank you for your time and consideration.
William Sellman
Owner of Livias Kitchen
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My name is Francesco Anguill, and I am the owner of Frecco Pasta and I have been wj'th Raw inspiration sirite 201-3. 1 sell Fresh Pasta,theese, Sauce, and Italian Fr4zen Meals. f the Downey
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However, I will not be returning to the market unless it is under the operation and full management of Raw Inspiration.
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To Whom it May Concern,
I am writing today as it's come to my attention that the management of the Downey farmers market might change.
I started my company selling gut healthy fermented products in July 2019. My business was very new when the pandemic hit and my livelihood was in jeopardy.
As a new business owner I witnessed how Raw Inspirations went above and beyond to protect the farmers markets. Raw Inspiration staff volunteered their time to work at markets where the guidelines to operate called for multiple people on site to manage one way markets, mask enforcement, constant cleaning and sanitation etc. Raw Inspiration staff truly felt a responsibility to protect the livelihood of the vendors who participated in the markets and protect the local communities ability to source fresh food directly from the farmers and artisans who produce it.
My business would not have been able to survive if it had not of been for Raw Inspiration.
I will always be appreciative and loyal to a company that fought so hard for its vendors and community. Raw Inspiration is an asset to every community it serves. I would like to state my strong support of Raw Inspiration maintaining management of the Downey Farmers Market, Thank you,
Waren Vaughn
Owner of Wava
Item No. 12
Linda Thai
From: Pooja Nair
Sent: Tuesday, April 11, 2023 1:28 PM
To: Downey City Clerk - Public Comment
Subject: Downey City Council Meeting- Agenda Item #12- Public Comments from Downey Farmers Market Vendors
Attachments: eft.pdf, Vita Juice Letter.docx; Spring River Farms.docx On behalf of Raw Inspiration, I am forwarding three public comments that Raw Inspiration received from Downey Farmers Market vendors. Please add to the agenda packet for item #12.
Thanks,
Pooja
Pooja S. Nair
Partner
ERVIN COHEN & JESSUP LLP
The information contained herein is confidential and privileged attorney -client information or work product intended only for the individual or entity to whom it is addressed. Any unauthorized use, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately.
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Cesar Jimenez
GELLOCOJ LLC dba Ensenada Fish Tacos
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My name is Cesar Jimenez, owner of Ensenada Fish Tacos. I have been a vendor in Downey for 3 years, where I have sold fish and shrimp tacos. This Farmer's Market has been a success because of the current management, Raw Inspiration.
I have learned that there is a possibility that the City of Downey may change the current management of the Farmers Market. I would like to declare that I would not be attending the market unless Raw Inspiration is in full management of the Farmer's Market. Please let me know if you have any questions.
Thank you,
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I am a vendor at the Downey Farmers Market, I have been a vendor for 4-5 years at the market.
I have been working with Raw Inspiration since I started my company. I currently participate at 6 farmers markets managed by Raw Inspiration and they do a great job �n managing all the markets. They are a great company and they help hundreds of small. #usinesses like mine to grow.
We have learned that there is a possibility that the City may change Management of tho Farmers Market. I would like to state that I will not be attending the market unless Raw Inspiration is in full management of the Farmers Market.
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My name is Jim Barkley, if you've visited the Saturday farmers market you've probably seen me selling my baked cheese ThinKrisps. I've been a vendor at this market for nearly five years. I've been selling my crisps at farmers markets managed by Raw Inspiration and California Cered Farmers Markets in Southern California for nearly 21 years.
In regards to the possibility of a management change at this market, I'd like to express my support for the team at Raw Inspiration. They made sure that the markets reopened as quickly and as safely as they could during the pandemic, and, as this is my sole source of income, it's vital that Raw Inspiration keeps the markets open year round, rain or shine. I've built up a loyal customer base, I know how important it is to my many regular customers that they know I'll be there, in the same spot, no matter the circumstances.
Jim Barkley
Spring River Farm