TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Onyx Jones, Interim Finance Director
Libby Bretthauer, Financial Services Manager
Emy-Rose Hanna, Revenue Services Supervisor
SUBJECT:Title
Consideration of a Resolution to Approve an Agreement with the Downtown Manhattan Beach Business and Professional Association (DMBBPA) for the Management of a Certified Farmers Market and Utilization of City Property and Right-of-Way (Interim Finance Director Jones).
ADOPT RESOLUTION NO. 24-0133
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RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 24-0133 to approve an agreement with the Downtown Manhattan Beach Business and Professional Association (DMBBPA) for the management of a weekly Farmers Market on City property.
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FISCAL IMPLICATIONS:
If approved, the City will receive approximately $42,000 per year ($3,500 per month) in cost recovery revenue for lost parking meter revenues and reimbursement for City staff time.
BACKGROUND:
On April 4, 2006, the City Council approved a request from the DMBBPA to conduct a weekly Farmers Market on 13th Street between Valley Drive and Morningside Drive. The City Council decided at that time to support the market by providing use of the public right-of-way between Morningside Drive and Valley Drive at no cost to the association, foregoing cost recovery until the market was established.
Over the subsequent years, the Manhattan Beach Farmers Market grew into a well-attended weekly community event. The number of registered vendors increased significantly, and the market’s footprint expanded into the Metlox Plaza.
As a result, on February 4, 2020, the City Council approved a formal agreement between the City and the Farmers Market to recover a reasonable amount of costs associated with the utilization of City property, right-of-way and other City support costs, including lost parking meter revenue, fire inspections and Police staff time for deploying vehicles to the east and west entry points of the market at Valley Drive and Morningside Drive for public safety.`
On October 29, 2024, with the imminent demolition of Parking Lot 3, Amendment No. 1 was executed to allow for the temporary relocation of the Farmers Market to the Civic Center Parking Lot and Plaza. This amendment included the Civic Center location as a “Temporary Premises” during the demolition and reconstruction of Lot 3. Additionally, cost recovery charges were adjusted for lost parking meter revenue and Public Works staff time was included for setup and cleanup. The City began invoicing the DMBBPA based on the new temporary location and actual staff hours worked.
DISCUSSION:
With the growth and popularity of the Manhattan Beach Farmers Market, establishing a formal agreement with its operator, the DMBBPA, is essential for ensuring the continued safety and benefit of the community. The current agreement with DMBBPA expires on December 31, 2024, and the new agreement, as proposed, will commence on January 1, 2025.
Since 2006, the Manhattan Beach Farmers Market has positively impacted the community by offering fresh, locally sourced produce, fun activities for children such as face painting and entertainment, community outreach booths and unique food offerings. The DMBBPA diligently curates the vendors at the market to ensure that they do not directly compete with downtown eateries. The Market also supports the community with programs such as providing “carrot coins” to local wellness programs at a discounted rate that are used to make purchases by program participants.
The updated agreement includes two possible locations for the weekly Farmers Market: (1) the original “Premises” of 13th Street, between Morningside Drive and Valley Drive, and Metlox Plaza, and (2) the “Temporary Premises” of the Civic Center Parking Lot and Plaza. Since October 29th, the Market has operated at the Temporary Premises to mitigate the impacts of the demolition and debris removal of Lot 3, as directed by the City. Staff recommends retaining both locations in the agreement for greater flexibility during construction periods or special events Downtown.
To fully compensate for the use of metered parking spaces and City staff time to help set-up and tear-down, DMBBPA has agreed to pay a weekly location rate (“Premises” or “Temporary Premises”) for the use of metered parking spaces and actual staff time incurred at our standard billable rates. The parking meter recovery fee is based on the current per hour rate for street meters ($2.00) assuming an average occupancy of 60% from set-up to tear-down (currently 9:00 a.m. - 4:00 p.m.). The parking meter recovery fee is $310.80/week when located at 13th Street (for 37 metered spaces) and $100.80/week when located at Civic Center (for 12 metered spaces). This compensation is subject to change with adjustments to the per hour meter rates.
City staff involvement with the Farmers Market includes Police staff moving safety decoy vehicles when located at 13th Street, and Public Works staff handling set-up and tear- down. DMBBPA will pay $115.03/week for Police staff time when the decoy vehicles are moved to 13th Street. Public Works staff time will be charged based on actual hours worked at the City’s standard fully burdened hourly rates as adopted in our fee schedule, with 30-day notice of any fee updates.
DMBBPA will also pay approximately $300 annually for a fire operation permit/inspection in accordance with the City’s current user fee schedule and their annual business license tax. The total reimbursement to the City for the Farmer’s Market is estimated at approximately $42,000 per year.
The City of Manhattan Beach and DMBBPA have agreed upon the following scope of services for DMBBPA to adhere to for the safety and benefit of the community:
• Prepare Market Rules and ensure each farmer, vendor, exhibitor and entertainment acknowledge, understand and comply with the rules.
• Solicit and establish operating agreements with farmer and specialty vendors, including minimum insurance requirements.
• Maintain all paperwork for Agricultural Department and Health Department regarding certifications and all permits required by Federal, State and local agencies. Each vendor will conspicuously display their current Health Permit.
• Coordinate with Farmers Market vendors and City for the set up and tear down of the event each week.
• DMBBPA’s Market manager shall remain on-site throughout the duration of the market, 9:00 AM - 4:00 PM, or until the street has been cleared of all vendors, equipment and vehicles associated with the market.
• Provide Farmers Market staff, or volunteers, to assure the safe operation of the market.
• Determine the placement of booths and shall have authority to remove unauthorized booths, furniture and other objects that interfere with the conduct of the event.
• Provide daily management of the market and ensure adherence to all City of Manhattan Beach regulations, including but not limited to parking, traffic, non- solicitation, noise levels, health and environmental sustainability.
• Farmers Market vendor vehicles shall not be parked in any parking spaces outside of the “Premises” or “Temporary Premises” as defined in Exhibits B and B2.
• Ensure all public walkways in the Civic Center Plaza as shown in Exhibit B2 are be blocked by Farmers Market vendors or their operation at any time.
• Ensure vendors located in Area B of Exhibit B2 are not cooking or utilizing any open-flame devices and following all other Fire and Building codes.
• Secure farmers and specialty vendors, striving that the selected vendors are not in direct competition with local Downtown Manhattan Beach eateries and businesses. The overall mix of vendors should remain near the goals of 40% Farmers & Ranchers, 40% specialty “packaged” goods and 20% prepared food.
• Create marketing and social media exposure for the Market.
The attached agreement was a collaborative effort between the DMBBPA and the City. The DMBBPA has regular meetings with City staff to collaborate and address any concerns. Staff recommends that the City Council approve the attached resolution approving an agreement with the DMBBPA for the continued management of a certified Farmers Market and utilization of City property and right-of-way.
PUBLIC OUTREACH:
Staff corresponded with the Downtown Manhattan Beach Business & Professional Association regarding the terms of the Agreement.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has approved the agreement as to form.
ATTACHMENTS:
1. Resolution No. 24-0133
2. Agreement - Downtown Manhattan Beach Business and Professional Association