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HomeMy WebLinkAbout08 - Corona del Mar Certified Farmer's Market��E,x,POR CITY OF NEWPRT Q 6, PLANNING /BUI G 33 ONEWPORT BOULE J = li ipP� NEWPORT BEACH, CA 9 • (P4) 644-3200; FAX (P4) BEACH DEPARTMENT YARD 2658 644-3250 Agenda Item No.I Staff Person: May 13, 1996 8 Christy Teague Off—) (714)644 -3207 REPORT TO THE MAYOR AND CITY COUNCIL I I MAY 1 3 SUBJECT: CORONA DEL MAR CERTIFIED FARMERS MARKET .UV CU SUMMARY: An agreement to allow a weekly Certified Farmer's Market in the municipal parking lots at Marguerite Avenue and Bayside Drive on Saturdays from 9:00 a.m. to 1:00 p.m. SUGGESTED ACTION: If desired, review and approve an agreement for a Certified Farmer's Market in Corona del Mar. Proposal The market proposal is for 25 to 30 farmers to sell produce directly to the community on each Saturday for four hours, from 9:00 a.m. to 1:00 p.m. The location proposed is the municipal lot located at Marguerite Avenue and Bayside Drive and the smaller municipal lot across Larkspur on • Bayside Drive, south of East Coast Highway and the restaurant site under construction (see attached map). • Background At its regular meeting on April 8, 1996, the City Council authorized staff to pursue an encroachment and lease agreement with applicant Rick Heil to hold a weekly Certified Farmer's Market at the municipal parking lots described above. Issues Parking has been identified as an area to be addressed in the agreement. In response to the concerns regarding parking issues, the applicant has obtained approval from the adjacent First Interstate Bank to use their lot as needed for the Farmer's Market. The agreement includes a lease fee for use of public property and to offset meter revenue losses in the municipal lots. According to the Traffic Engineer, the meter revenues during the Saturday hours of operation are approximately $130.00 per month. The agreement includes the ability of the City to revoke approval at any time and also includes a provision for mandatory review by the City Manager after one year. -1- The issues have been M100 fully discussed in the attached Aprip 1996 staff report to the City Council and in the attached agreement for City Council approval. Public Comments Consideration of an encroachment and lease agreement does not require public notice. However, a notice has been sent to nearby owners and residents as a courtesy due to the proximity of the proposed Farmer's Market to residential neighborhoods. We have received numerous phone calls in response to the notices sent prior to the April 8, 1996 City Council meeting and reports in the newspapers of the proposed Corona del Mar Farmers Market. At the time of this writing, two nearby residents and the manager of Albertsons have telephoned to state opposition and several residents have called in support of a Farmers Market in the proposed location. The letters received have been attached for your review. Summary The Council has authorized staff to negotiate an encroachment and lease agreement with the applicant for the proposed weekly Certified Farmers Market. The agreement is attached for Council review, alteration as desired, and consideration for approval. Respectfully submitted, By Christy Teague Associate Planner Attachment: Encroachment Agreement Vicinity Map City Council Staff Report of April 8, 1996 Public Comment Letters Parking Letter from First Interstate Bank f:\wp51 \planning \christy\cdmfm.doc • Corona del Mar Farmers Market • May 13, 1996 Page 2 0 0 • VICINITY MAP • Corona del Mar Fanners Market May 13, 1996 Page 3 n .. w — r,. w I I— F rnT . .� 1— — I.. -- 0 Patrick Marr 505 1/2 Larkspur Avenue Corona del Mar, CA 92625 City Council City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92659 -1769 April 8, 1996 Honorable Mayor and Council Members, • As a resident of Corona del Mar, I am strongly in favor of the proposed farmers' market in my community. I typically get my haircut in Huntington Beach on Friday afternoons, so I can shop at their downtown farmers' market. On my way south to surf, I frequently stop at Laguna Beach's farmers' market. I also frequently shop at Irvine's Market Place shopping center because of their farmers' market. I would love to shop locally and having the farmers' market in Corona del Mar would encourage me to do so. Farmers' markets are a great place to say hello to your neighbors and build a sense of community. Please join us in building a sense of community and wellness in Corona del Mar by supporting the farmer's market. Sincerely, Patrick Marr • • • U: 1U JV- -UY:'JJ tA: 1'l viri t1. tPiL1 IGII 'j 1T�i'JLJU ... ._.___..... ... .. fU!- First 0 f Interstate • Bank April 18, 1996 Mr. Richard Heil Mgt. Corona del Mar Farmers Market 104 S. Ola Vista San Clemente, CA 92672 Dear Mr. Heil: This letter is authorization to utilize our parking lot for the Corona del Mar Farmers Market during Saturdays. This authorization is for overflow purposes only and can be revoked at any time by a First Interstate Officer if our own business parking is affected during business hours. Also, First Interstate Bank and its Landlord will not be held liable for any problems that may occur by parking in our lot. Sine (rely, rD Kevin P. Dupont Assistant Vice President Branch Manager tJ LqJF 0 0 1 1 RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR. CALIFORNIA 92625 PHONE: (714)644 -8111 FAX: 644-04 H T[e7 TO: Newport Beach City Council FROM: RonYeo DATE: April 8, 1996 RE: Farmers Market in Corona del Mar Honorable Mayor and Council Members. This memo is in support of the Farmers Market in Corona del Mar. I believe that this will be an ideal activity for our Village Community, and hope that you can join us in supporting it. • • `.v Friends 9 OASIS Norma Gilchrist, President Ruby Suikki, 1st Vice President Ed Fuller, 2nd Vice President Nathalie Goldstein, Recording Secretary Charles McCann, Corresponding Secretary Vera Mae Gephart, Treasurer Maggie Case, Assistant Treasurer John Baldwin 011ie Bergmann Freda Bloom Gwen Collins Ed Fourcher Sandy Freeman Mary Jacoby Ross Miller David Nahm Janet Poor Dody Reid Phil Sansone Helen Sherman Anna Jean Sweet Celeste Jardine -Haug Ex- Officio 0"' ORY BOARD ry Babbitt 1rginia Knott Bender Supervisor Marian Bergeson William Blurock Assemblywoman Marilyn Brewer Neel Buell Donna Crean John F Dean, Ed. D. Bud Desenberg James Edwards Walter Gerken Evelyn Hart A. Grant Howald Walter G. Howald Fred Jennings Senator Ross Johnson La Donna Kienitz Lucille Kuehn Kevin Murphy Paddy Nelson Dennis D. O'Neil Scott Paulsen William Popejoy James "Walkie" Ray Thomas 0. Redwitz Franklin I. Renner Jerome Tobis, M.D. Per Trebler April 9, 1996 Kevin Murphy, City 3300 Newport Blvd. Newport Beach, CA. Dear Kevin, "RECEIVED TER AGENDA fElYr _ `0 Manager 92663 P.O. BOX 633 CORONA DEL MAR, CA 92625 TELEPHONE: (714) 6443244 FAX: (714) 6447364 I have been contacted by Karen Talbot regarding her plans for a Certified Farmer's Market, to bet located in Corona del Mar. I'm sure I speak for many seniors when I endorse this project. We would enjoy selecting choice produce in such a central location as PCH and Marguerite. It will also add much to the ambiance of our village. If we seniors can help in any way, please ask. Sincerely, Norma Gilchrist, President Friends of OASIS NG11S 0 OF NEWPORT BEACH OASIS SENIOR CENTER and Marguerite Avenue Corona del Mar, CA 92625 OASIS: Alder Adults Social, Information & Services STANTON INSURANCE AGENCY April 6, 1996 Dear City Council Members: "HtUHVtDpFTER AGENDA PRINTED:" SPECIALIZING IN HEALTH -25 YEARS EXPERIENCE 322 JASMINE, CORONA DEL MAR, CALIFORNIA 926JL (714) 723 -0608 (619) 564 - xy !J I am shocked, outraged and ready to sell and vacate Corona Del Mar if this Farmers Market is allowed to come to ours•,, fair city. I know of cities all throughout Orange County that have these so- called Farmers Markets and they usually pick some decaying area within their city to set up. Most of those selling their goods do not even grow the food but buy it at the wholesale centers in Los Angeles or Orange County. Before long these same people and others like them are selling not only food but the same kind of wares that are merchandised at "Swap meets and Flea Markets ". We personally have just spent hundreds of thousands of dollars to tear down and build up a lovely home for our lifetime. We are frightened and shocked at the prospects of every Saturday being barraged with cars, cars and more cars trying to find a parking spot in an area already at the satuation point and beyond. In the summer hundreds of cars will be coming down Marguerite toward the ocean, especially on Saturdays, and I assure you this will create an impossible traffic situation. Don't we have enough of a problem with the declining property values without saying to the world that perhaps the Charm of Corona Del Mar is gone and we have resorted to the "anything goes" mentality? Are we a decaying area? Who are we really helping? We believe perhaps the only ones helped in this situation might be more illegals. We hopefully have you informed Council Members to protect our rights and interests in Corona Del Mar and Newport Beach. There is no way that a Farmers Market on Pacific Coast Highway in Corona Del Mar will be of any value to anyone except the vendors and the crowds that frequent the beaches and certainly not the residents that are about to pay their very high taxes in the next week. Robert E. Stanton LIFE • HEALTH & MEDICARE SUPPLEMENTS • E10 0 0 ITEM #9 - FARMERS MARKET - CORONA DEL MAR • PHONE CALL RECEIVED 4/8/96 FROM MARY HELEN DORAN, MANAGER AT ALBERTSON'S, 3049 EAST COAST HWY., OPPOSING PROPOSAL • Fj April 8, 1996 3:15 p.m. AGENDA ITEM #9 - FARMERS MARKET - CORONA DEL MAR I took a phone call from Shirley Conger, 3003 Bayside Drive, CDM, in support of the proposal if the standards that are used at the fairgrounds are followed. She does not want to see the intrusion of other vendors (i.e. hot dogs, jewelry, etc.). • • E� CITY OF NEWPORT BEACH Hearing Date: May 13, 1996 dr R PLANNING/BUILDING DEPARTMENT Agenda Item No.: 8 j = 3300 NEWPORT BOULEVARD Staff Person: NEWPORT BEACH, CA 92658 (714) 644 -3207 (714) 6443200; FAX (714) 644 -3250 Supplemental Report REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: CORONA DEL MAR CERTIFIED FARMER'S MARKET Attached is a revised Encroachment Agreement for the Corona del Mar Certified Farmer's Market. This agreement supersedes the one transmitted with the packet on Wednesday, May 8,1996. -1- S -08 -1996 7:34AM FRO14 C D M FLORIST 673 6296 CORONA del MAR FI. RIS'l ` 3337 E COAST H WAY Corona del Mar, CA. 92625 May 07, 1996 NtiY fq 199G Mayor and City Coil heur�ur;,�ace City of Newport Beach P. O. Box 1768 Newport Bwch, CA. 92658 Door Nh. Mayor and City Council Mamba% This leitet a in response to the Public Notice issued about April 8 and pertaining to a proposed brmeas market to be located at NbWe ite Ave. and Bayrnde Dr m Corona del Mar. As a Local bumnesaman and a 30 year msidol of Carona del Mar I curs& object to this proposed plan. First of all the paddrlg in die areas is already coned and would be acmqxxmded with the m edcond beach crowd coming mbD the area on Satmday maraiggs. Residents m the area already fmd it dii acult to make a left bum offBayeide oubo Marguerite and this plan would make it imposerbie. Local nmby busimses ouch as ors world Sood it necessary to hire guards fns our pasiOng lots to keep the farmers madM viaitoca out in order to keep it available for our suppliers, oustomEN and emplayses. Secondly the plan is unfair to local mats, who pay a my high ova'head for their facility as well as m meeoua terms, to haw an outside wholesale Rower dealer acme in and oompete with us and not have to pay rho same ove&esd. I am speaking for the flower umehants of this cowm=ty such as The Flowemm , Paula Plo wa% Blooms Flowers, as well as Albeltsons, Rogers, and tie WM. In our day- to-day business ins we have been able to pulse many of the local resideats canmmng this pe+oposal, and not one person has spoken is firm of dw plea. We strongly urge you as as reyteseniativea to not allow thin phln to go forwwd. 7baak you for your undw*mdioag. Sinoaereiy, 0 Joseph P. Mamagal Owner, Carom del Naar Florist au.:aw714W.14 71) AM 714W34MM 9 Mayor & City Council City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Mr. Mayor and City Council Members: i May 6,1996 \ y ,N I am responding to your letter regarding a Fanners Market to be located at Margarite, PCH & Bayside Dr. I am very disappointed that you are even considering further impacting this small neighborhood with more cars and noise. First there was Christopher's Salon - I didnt think it would bother us - it does. On the next corner the Health Emporium - I thought it would be great - it ism. On the next corner a farmers market, 25 trucks and vans setting up awnings and tables at 7 a..m. on Saturday morning. GIVE US A BREAK!!!!!!!!! Apart from the people who look forward to sleeping in on Saturday morning, what about our local businesses. I dont see a farmers market as local businessmen but as outside businessmen taking sales away from our local businessmen. I hope you'll address the traffic problem also at the next meeting. I think Bayside Dr. will be backed up for blocks. We pay dearly to live in Newport Beach. It would be nice if the quality of our neighborhood and our lives meant more to you than the wishes of these out -of -town farmers. We, and they, have a huge Swap Meet just miles away. That's where they should be. Thank you for taking time to read my letter. Sincerely, Betty & Wayne Scott 327 Marigold Corona Del Mar, CA 92625 714 673 -8957 C SFM TO l *w wlepmalkE o G o ga�npk PrPlanningDlr ❑ Police all 0PW.Dir a 9 ENCROACHMENT AGREEMENT CA i. MLAWDA MO..,..S 0 This Encroachment Agreement ( "Agreement ") is made and entered into by and between the City of Newport Beach, a municipal corporation, organized and existing under and by virtue of its charter and the constitution and the laws of the State of California, hereinafter "City" and Rick Heil, an individual, hereinafter "Permittee ": The parties agree as follows: Section 1. Recitals. This Agreement is made and entered into with respect to the following facts, which the parties stipulate are true and correct: A. Permittee desires to operate a Certified Farmers Market, in accordance with Food and Agriculture Code Sections 58101 through 58104 and implementing regulations, 3 California Code of Regulations Section 1392.1, et seq. (hereinafter "Certified Farmers Market "); and, B. Permittee has requested the use of a public parking lot owned by the City of Newport Beach located at the corner of Marguerite Avenue and Bayside Drive, and the smaller municipal lot across and including a portion of Larkspur Street, in Corona Del Mar, Newport Beach, ( "Encroachment Area "), as depicted on attached Exhibit A; and, C. Permittee represents that he has the requisite skills and experience to operate a Certified Farmers Market; and, D. After conducting a hearing regarding this proposal, the City Council on April 8, 1996, authorized staff to negotiate an Agreement with Permittee for the proposed Certified Farmers Market; and approved this Agreement on May 13, 1996; and, E. The execution and implementation of this Agreement is within the power of the parties signing this Agreement. Section 2. The Purpose of Permit. The purpose of this Agreement is to permit the operation of a Certified Farmer's Market within the Encroachment Area as is shown on Exhibit A, attached to this Agreement and incorporated into this Agreement by reference. Section 3. Conditions of Permit. Permittee shall comply with the following conditions prior to operation of the first Certified Farmer's Market: A. Permittee shall procure and maintain any and all required certifications, permits, and licenses to operate the Certified Farmers Market. Permittee shall provide to the City Planning Department all required permits, including without limitation those permits as may be issued by the State of California, Department of Agriculture, the Orange County Agricultural Commissioner, the Orange County Health Department, and the City of Newport Beach. i • B. Permittee shall submit for review and obtain approval for all advertising and directional signage from the Public Works Department and the Planning Department. C. The Permittee shall work with adjacent commercial property owners to reach agreement over the use of parking facilities or develop a shared use parking plan, as determined and approved by the Planning Director. City Staff may assist in obtaining this approval. D. Permittee shall submit a site plan and /or floor plan showing the layout of the Certified Farmer's Market sales areas, for review and approval by the Planning Department and the Public Works Department. If the Planning Department and the Public Works Department determine that it is necessary, the Permittee shall obtain building permits and /or any other permits required for any proposed improvements. Section 4. Conditions of Operation. A. The Certified Farmers Market may operate each Saturday from 9:00 a.m. to 1:00 p.m., commencing on May 18, 1996. Permittee shall be present during each and every Certified Farmers Market from commencement of set up to the completion of clean up. Set up of the Certified Market shall not occur prior to 7:30 a.m. Permittee shall ensure that the Encroachment Area is returned, clean and free of debris, to its original condition by no later than 3:00 p.m. on the same day. City reserves the right to modify the hours of set up and operation, within the City's sole discretion, as necessary to alleviate any noise complaints which result from the operations under this Agreement. B. On any occasion when Permittee cannot be present during the operation of a Certified Farmers Market, Permittee may provide a substitute qualified person to manage the operations, subject to prior approval of the City. C. Permittee shall operate the Certified Farmers Market in accordance with all applicable provisions of the statutes, rules and regulations of the State of California, the ordinances, and regulations of the County of Orange, and the Charter and Ordinances of the City of Newport Beach. D. Permittee shall recruit and retain certified producers and producers for the Certified Farmers Market, verify that individual vendors are certified producers within the meaning of 3 California Code of Regulations 1392.2 (e), or producers selling non - certifiable agricultural products produced by themselves, and ensure that vendors adhere to all applicable rules and regulations concerning product quality and that the products offered for sale by vendors are pest and disease free. Permittee shall obtain a completed Liability Release Statement from each vendor, prior to participation in any Certified Farmers Market, in the form of Exhibit B attached to this Agreement. Permittee shall not allow any person or organization to participate in the Certified Farmers Market until a completed application and Liability Release, is received by City. E. No more than 40 vendors shall display and/or sell products at the Certified Farmers Market. No additions, enlargements or modifications of uses or structures within the Encroachment Area shall be allowed without prior approval of the City. F. Permittee shall be responsible for setup, operation, maintenance, sanitation and clean up of the Certified Farmers Market as set forth below: (i) Set up shall include placement of vendors in accordance with the approved site plan; (ii) Operation shall be conducted in accordance with 3 California Code of Regulations, Section 1392.1, et seq., and within the guidelines set forth in the State of California Department of Agricultural marketing plan; (iii) After the completion of each Certified Farmers Market, Permittee shall be responsible for properly disposing of all trash that has accumulated from the operations of the Market. Maintenance, sanitation, and clean up shall be conducted within such rules and guidelines as may be promulgated by the Orange County Health Department and the City of Newport Beach. G. All loading and unloading of merchandise, vendor booths and other related improvements shall take place within the encroachment area. H. The site plan shall be designed and operated so as to conform to access standards set forth by Title 24 of the Uniform Building Code (handicapped access requirements). Food items shall not be processed, cooked or packaged on site. Prepared food items shall not be sold for on -site consumption. J. Only a Certified Farmers Market may be operated in the encroachment area. Permittee may not operate or conduct any other event or enterprise unless Permittee receives required additional approvals from the City. K. Sale or consumption of alcoholic beverages is not permitted at the Certified Farmer's Market. L. The Certified Farmer's Market shall not create a significant impact to existing City police services, as determined by the City Chief of Police. The Permittee may be required to secure a private security guard or guards and /or reimburse the City for additional police services including City Traffic Officer services if these services are required on a regular basis, as determined by the City Chief of Police. M. Permittee shall comply with all traffic regulations established for the operation of the Certified Farmers Market by the City Traffic Engineer. Section 5. Term. The term of this Agreement shall be for a period of one year. The first Certified Farmers Market will begin on May 18, 1996, and continue on each Saturday through May 17, 1996.. At least thirty (30) days before the expiration of this Agreement or any extension thereof, the City Manager of the City, at his or her sole discretion, may extend this Agreement for up to two (2) additional one -year terms. Section 6. Termination of Encroachment Agreement. Notwithstanding the term of this Agreement, this Agreement may be terminated during the term or any extended term in the following manner: A. By Permittee: At any time, without cause upon the giving of thirty (30) days written notice of termination to City; or B. By City: At any time, without cause upon the giving of thirty (30) days written notice of termination to Permittee; or C. If, after written notice of default to Permittee of any of the terms or conditions of this Agreement, Permittee fails to cure or correct the default within 10 days of receipt of written notice, City may immediately terminate the Agreement. Section 7. Indemnity. Permittee agrees to indemnify, protect, defend and hold harmless the City and its officers, employees, agents and volunteers, against any and all claims or actions arising from any claim, demand, defense costs, liability or damages arising out of or in connection with the operation of the Certified Farmers Market or Permittee's performance or failure to perform under the terms of this Agreement, excepting those claims arising from the sole negligence of City. Section 8. Insurance Coverage During the term or any extended term of this Agreement Permittee shall procure and maintain at his sole expense, the following insurance coverage which includes all occurrences arising out of the use of the Encroachment Area pursuant to this Agreement, issued by companies acceptable to the City Risk Manger, and which are admitted and authorized to do business in California as insurance carriers, with limits as shown: A. Workers' Compensation: A program of Workers' Compensation insurance or state - approved Self- Insurance Program in an amount and form to meet all applicable requirements of the California Labor Code, Section 3700 et seq. B. Comprehensive General Liability Insurance: This coverage shall include contractual coverage and liability coverage. The policy shall have combined single limit, per occurrence limits for bodily injury and property damage of not less than one - million dollars ($1,000,000). If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work or services performed under this Agreement, or the general aggregate limit shall be twice the required occurrence limit. Said insurance coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG001). C. To the extent that automobiles, trucks, or other motor vehicles are used in connection with the operation of the Certified Farmers Market, Permittee and each vendor shall certify and provide proof of automobile insurance covering activities related to the Certified Farmers Market. Permittee shall file with the City Clerk, within seven (7) days of the execution of this Agreement and before the first Certified Farmer's Market is held, a Certificate of Insurance evidencing the required insurance coverage pursuant to this Agreement. In addition, at the City's request, the Permittee shall provide to City, a copy of each Liability Insurance Policy obtained in compliance with the provisions of this Agreement. During the term or any extended term of this Agreement, Permittee shall maintain on file with the City Clerk Certificates of Insurance which evidence current insurance coverage. The Certificates of Insurance by endorsement or otherwise, in a form acceptable to the City Attorney of City, shall provide that no change in coverage or policy limits, nor termination of such policy shall be accomplished unless and until the then carrier gives not less than thirty (30) days written notice to City of the fact of such alteration or termination. Notwithstanding any other provision of this Agreement, a failure to maintain the required insurance coverage shall be cause for the immediate termination of this Agreement by City. Section 9. City as an Insured. All policies, except for the Worker's Compensation coverage, shall contain additional endorsements covering City and its officers, agents, employees and volunteers as insureds under the policies with respect to liabilities arising out of the Agreement. Section 10. Waiver of Subrogation Rights. Permittee shall require the carriers of the above required coverage to waive all rights of subrogation against City, its officers, employees, volunteers and agents. Section 11. Policies Primary and Noncontributory. All insurance policies required above are to be primary and noncontributory with any insurance of self - insurance programs carried or administered by City. Section 12. Insurance Review. The above insurance requirements shall be subject to periodic review by City. City is authorized, but not required, to reduce or waive any of the above insurance requirements whenever City determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the City. In addition, if the City determines that heretofore unreasonable priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, City is authorized, but not required to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against City, inflation, or any other item reasonably related to City's risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Permittee agrees to execute any such amendment within thirty (30) days of receipt. Section 13. Permittee as an Independent Contractor. Permittee is, and at all times hereafter shall be, independent of City during the term of this Agreement. Permittee specifically recognizes and acknowledges its status as an independent contractor and not as an officer, agent or employee of City. All Permittee's personnel shall be employees of Permittee and not employees of City. Permittee shall pay all salaries and wages, employer's social security taxes when applicable, and unemployment insurance and similar taxes relating to employees and shall be responsible for all withholding taxes. Permittee shall comply with all federal and state statutes and regulations relating to the employer /employee relationship including but not limited to, minimum wage, non - discrimination, equal opportunity, Worker's Compensation, hazardous /unsanitary or dangerous surroundings, the Fair Labor Standards Act, 29 U.S.C, 201, et sea., and the Immigration Reform and Control Act of 1986. Section 14. No Third Party Rights The Parties intend not to create rights in, or grant remedies to, any Third Party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein. Section 15. Notification. All notices and written communications sent to City under the Agreement shall be sent to the following address, unless authorized to be sent elsewhere by City: City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 -8915 All such being sent to Permittee shall be sent to: Rick Heil 104 South Ola Vista San Clemente, California 92672 Any such notices and written communications by mail shall be conclusively deemed to have been received by the addressee three (3) working days after the deposit thereof in the U.S. mail, first class postage prepaid and properly addressed as noted above, or upon actual receipt thereof if delivered by personal service. Section 16. Effective Date. This Agreement shall become effective on the date it is signed by both parties. Section 17. No presumption Re: Drafter. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and thereof no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. Section 18. Entire Agreement. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement or promise not contained in this Agreement shall be valid and binding. Section 19. Modification of Agreement. The terms are subject to modification by mutual agreement between City and Permittee which such changes shall be incorporated by written amendments to this Agreement. The parties agree that the requirement for prior written changes, amendments or modifications to this Agreement may not be waived and any attempted waiver shall be void. Section 20. Binding Effect. This Agreement shall be in full force and effect and be binding upon each of the parties hereto and to all of their lawful successors in interest whether or not the obligations of this Agreement are expressly assumed in writing by any such successor. Section 21. Savings Clause. If any provision of this Agreement is found to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. Section 22. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate. Section 23. Authority to Execute. The person or persons executing this Agreement on behalf of Permittee warrants and represents that he /she /they has /have the authority to execute this Agreement on behalf of his /her /their corporation, partnership, business, or governmental entity and warrants and represents that he /she /they has /have the authority to bind Permittee to the performance of its obligations hereunder. 0 9 Section 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same Agreement. Section 25. Attorney Fees. In the event litigation is commenced by any party hereto or their respective successors or assigns respecting this Agreement, the prevailing party in such litigation shall be entitled to recover reasonable attorney fees and costs incurred in such litigation. Section 26. Lease Fees. The permittee shall pay the City $170.00 per month, due and payable on the first of each month, commencing ninety (90) days after the first Certified Farmer's Market. Section 27. Non - Transferability. This agreement allows the Permittee to operate a Certified Farmer's Market in Corona del Mar. This agreement cannot be sold, traded, assigned or otherwise transferred by the Permittee. Any such assignment, transfer or sale without prior written approval of City shall be null and void. The parties have executed and approved this Agreement effective as of the date written below. Dated: , 1996 Permittee Rick Heil Dated: , 1996 City of Newport Beach Kevin Murphy Approved As To Form wbVnarMenc.dm City Attorney �e STATE OF CALIFORNIA DEPARTMENT CF FOOD AND AGRICULTURE FRUIT AND VEGETABLE QUALITY CONTROL 51 -049 (Rev. 11191) CERTIFICATE HOLDER HAME: RANCHO CNICO�e Oak- RAMC^ EUGENIC 6 SOCORRO ADDRESS: 1052 CHESTNUT AVE CITY: CARLSBAD CA 92006 - ROME PHONE: 619-729 -9639 BUSINESS PHONE: CERTIF& PRODUCER'S CERTIFICATE CERTIFICATE NUMBER: 96.3T96AP3411 "RECEIVED AFTERPNDA FEE: $25.00 ,PRINTED:" ISSUING COUNTY: SAN DIEGO ISSUING DATE: 2 /01/95 EXPIRATION DATE: 3 /01/97 LOCATION: 1: SUNNY CREEK NO 6 EL CAMINO REAL -C8 — 2: 2465 N SANTA FE -VISTA 3: 4: LOCATION: S. 6s __ 7: This certificate the sale ot�f market esodrtfirmeri Issuing county. Transporting productsInto anoth rcounty((ies)or the purpose of getting ataceied farmers' marketwithinthat comty((es) is permitted only In Authorized Counties as tisted'on this certificate. NUMBER LOCATION B 1 -2 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 i CONIICOITY/VARIETY VEGETABLES GROIN ON BEAN- GREEN /FRENCH /CHINESE BLUE LAKE/YELLOW BROCCOLI CARROTS CAULIFLOWER CILANTRO CORN - WHITE /ORNAMENTAL CUCUMBER EGGPLANT GARLIC OKRA ONION-RED i WHITE PEAS- SUGAR/SNAP /SNOW /ENGLISH PEPPER- BELL /ANAHEIN SPINACH SOUASH4UCCHINI /SCALOPINI CROMECK/WHITE MEXICAN STRAWBERRIES S NEO TOMATO-CHERRY /BINGO CUT FLOWERS GROWN ON ALSTROEMERIAS ASPARAGUS FLOWER ASTER -SOLID - BIRD OF PARADISE CALENDULAS ' CAMDYTUFf CARNATIONS-MINI/FANCY - CASPIA CELOSIA-000KSCOHB CHRYSANTHEMUM, CORN FLOWER cosm0s AMOUNT/ ACREAGE 20.00 UNITS HARVEST SEASON ACRE i SPR -FALL YEARLY YEARLY SUMMER -FALL YEARLY YEARLY YEARLY 3.00 ACRE FALL- SUMMER S KKER -FALL 10.00 ACRE YEARLY ESTIMATE PROD UNITS (GROSS WEIGHT) 1500.00 600.00 400.00 400.00 100.00 4000.00 4000.00 2000.00 100.00 500.00 400.00 1000.00 2000.00 400.00 1000.00 1000.00 3000.00 400.00 10000.00 LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS LBS 809 LBS LBS This certificate is issued ceder authority of Title 3, Chapter 3,Articte 6.5 of the California coda of Regulations. It authorizes the certified producer to sell their produce directly to consumers. AUTHORIZED SAN DIEGO ORANGE COLM IES SAN DIEGO Certificate Ho Lder (Signs ure) - for KATHLEEN THU E , is fng Commissioner County I have reviewed the above certificate and certify that the Information provided is correct and valid. •** THIS CERTIFICATE MUST BE +��* CONSPICUOUSLY POSTED AT POINTS OF SALE II, sod original to Pro"er lot Copy to County 2nd Copy to state Y , -STATE OF CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE FRUIT AND VEGETABLE QUALITY CONTROL 51-049 (Rev. 11191) CERTASD PRODUCER'S CERTIFICATE (SUPPLEMENT) CERTIFICATE NUMBER: 96- 37%%3411 ISSUING COUNTY: SAN DIEGO ISSUING DATE: 2/01/95 EXPIRATION DATE: 3/01197 This certificate authorizes the sale at a certified farmerls market those products listed below and produced within the issuing county. Transporting products into another county(fes) for the purpose of selling at a certified farmers' market within that county(ies) is permitted only in Authorized Counties as listed on this certificate. NUMBER LOCATION COMNODITY/VARIETY AMOUNT/ UNITS HARVEST SEASON ESTIMATE PROD UNITS C ACREAGE (GROSS WEIGHT) 46 2 DELPHINIUM 47 2 EUCALYPTUS 48 2 FEVERFEW 49 2 FREESIAS " 51 2 GERBERAS 52 2 GLADIOLAS 53 2 GODETIA 54 . 2 GYPSOPHILA 55 2 IRIS 56 2 LARKSPUR' 57 2 LEPTOSPERMAI 58 2 LILIES -CALLA 59 2 LISIANTHUS 60 2 MARIGOLD 61 2 MONTE CASINO 63 2 MYRTLE 65 2 OMEN ANkES LAIR:''. 67 2 SAPOMARIA 68 2 SNAP DRAGON •._ . 70 2 STRAW FLOWER 72 2 SUNFLOWERS ' 73 2 MET PEAS 74 2 SWEET WILLIAM' 76 2 TUBEROSE'', 77 2 TULIPS 78 2 • WATSONIA 80 2 ZINNIA /lflf ff / /Ifl1!!J /111/ ! /fJfff /11 / //1 /1111 / /!1 /! / /11! !JflJJ /J /!J /// // lJI // ///// U /// I!!f/ IlllJ! /1 /flf ' 1717 This certificate is issued r authority of Title 3, Chapter 3,Articte 6.5 of the California Code of Regulations. it authorizes the cc fied producer to el their produce directly to consumers. SAN DIEGO Certificate Holder (Signature) for KATHLEEN T! R, } suing Commissioner Canty I have reviewed the above certificate and certify that the Information provided Is correct and valid. ooverxQQOvopw rOITXd 7T1 pOxMilli or 0"A Embossed OriginsL to Producer 1st Copy to County 2:d Copy to State u May 13, 1996 - 4:00 p.m. 0 "RECEIVED DA PRINTED.",.,_,,, Received a phone call from Rosalind Wells, owns business at 321 Larkspur. She is opposed to the CdM Farmer's Market based on the location and time of the year. She said it wouldn't be as much of a problem if it were just held in the winter months, however during the summer months, there will be major problems with parking, trash, bugs, rodents, etc. "RECEIVED AFTER AGENDA 0,,wPof PRINTED:" g °� CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 RL%,t 1VrW u t FoaN r ., eLANNIIVG DEPARTMENT CITY OF NEWPORT BEACH RECEIVED 1996 7' MAY l0 1996 71819l0111112j1A81415 6 CICITY OF !- -' PUBLIC NOTICE ! CITY OF NEWPORT BEACH ! -_ The City#?Ne`i &t Beach City Council will be considering a request to allow a weekly Certified Farmer's Market in the Municipal Parking Lots located at Marguerite Avenue and Bayside Drive in Corona del Mar. The proposed Farmer's Market is to be held on each Saturday from 9:00a.m. until 1:00p.m. The Newport Beach City Council will be considering the approval of an Agreement to allow the weekly Farmer's Market at its next regular meeting on Monday, May 13th, at 7.00p.m in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California. A Certified Farmer's Market is a group of independent local farmers that gather together one morning a week to sell their produce, including a variety of organic harvests, directly to consumers. Certified Farmer's Markets are licensed and approved by the County of Orange Agriculture Department and Health Department. Each grower must be a Certified Producer and grower to participate. The proposal \%ould include approximately twenty- five farmers selling their various harvests from non - commercial pickup trucks and vans which are driven onto the lot, set up with small tables and awnings, where they remain for the duration of the market. There are no loudspeakers used during the Farmer's Market. This notification is being sent as a courtesy to surrounding residences and businesses to encourage comments from the public for consideration by the City Council. You may contact the City Council by speaking at the meeting, by mail, by fax, or by telephone through the City Clerk's office at 3300 Newport Boulevard, Newport Beach, CA 92663- 8915; Fax 714/644 -3339; Phone 714/644 -3005. For more information call Christy Teague at (714) 644 -3207 or the Planning Department at (714) 644 -3225. Z 3 00 National R R Ras Pazk 304 Jasmine Ave. rust Cosma Dt Max, CA 92625 May 13, 1996 11:00 a.m. AGENDA ITEM #8 - FARMER'S MARKET - CORONA DEL MAR Received a phone call from Binnie Beaumont, 715 Larkspur, Corona del Mar, in support of the proposal. She commented that the Farmer's Market would be "fabulous" because it would get people walking around CDM more and would draw a different crowd than normal. She felt that the population in many businesses in the city would increase. She noted that in Laguna Beach, farmer's markets sell only plants and not cut flowers and that some florists in that area have Saturday morning specials and sell one type of flower. She stated that people with a discriminating eye already know that farmers markets have limited selections and variable quality, and that this would not be a big competition to florists. She buys flowers every week. 1:15 P.M. Received a phone call from Wally Burgess, 223 Pointsettia, Corona del Mar, expressing support for the proposal.