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Subject:

CITY OF CARMEL-BY-THE-SEA

Council Report

May 6, 2014

Honorable Mayor and Members of the City Council

Jason Stilwell, City Administrator

Janet Bombard, Library and Community Activities Director

Consideration of an Agreement With West Coast Farmers Market of the Carmel-by-the-Sea Farmers Market at Devendorf Park and Mission Street between Ocean and 6th Avenues Effective May 15, 2014

Recommendation(s): Approve the resolution and refer to the Community Activities and Cultural Commission to review the agreement prior to execution.

Executive Summary:

At its October 2012 meeting, the City Council discussed the Downtown Event ad hoc committee recommendations for a weekly Thursday outdoor culinary event that would revitalize and bring vibrancy to the City, and which could have the additional potential benefit of attracting mid-week visitors who would choose to stay through the weekend. The ad hoc committee recommendations for the weekly culinary event included the following:

• The event would meet the highest environmental and aesthetic standards

• The cuisine would be 100% organic, farm-fresh foods

• Prepared foods would not compete with existing food purveyors within the City limits, and there would be mandatory tie-ins to local restaurants, food stores and chefs

• No street closures or disruption to traffic flow

• The event should encourage foot traffic • The event would be held at Sunset Center north parking lot • The event would be privately managed, and not sponsored by the City

• The event would be a pilot project that would run for one year

The selection process, which included the ad hoc committee, City staff and the Community Activities and Cultural Commission, resulted in the City entering into a contract with the West Coast Farmers Market Association to operate a weekly Thursday farmers market in the Sunset Center north parking lot from June 20, 2013 through June 25, 2014.

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Analysis/Discussion:

At the February 4, 2014 meeting, the City Council approved holding the March 27, 2014 Farmers Market at Devendorf Park and Mission Street between Ocean and 6th Avenues, a move which was necessitated by the Relais and Chateaux GourmetFest's occupation of the Farmers Market's regular venue at the Sunset Center north parking lot on that date.

The Farmers Market was very successful that day; according to Executive Director Jerry Lami the market saw ten times its normal foot traffic, and market vendors sold out. In addition, Mr. Lami and market vendors received many positive comments from the public regarding the new location.

Mr. Lami is requesting Council approval to permanently move the Farmers Market from its current location at Sunset Center to Devendorf Park and Mission Street between Ocean and 6th Avenues.

It is staff's opinion that the West Coast Farmers Market Association has met the ad hoc committee goals and criteria, as well as the stipulations of its contract. Additionally, Mr. Lami has done a good job of advertising and promoting the market; however, it is his opinion that market traffic and sales have been impacted by the fact that Sunset Center's location is removed from the main part of town and is not easy for visitors to find.

In its current location the Farmers Market has averaged from 160 to 200 visitors every week; therefore, the market's attendance on March 27th seems to validate Mr. Lami's theory. And, while there is no guarantee that relocating the farmers market would be instrumental in attracting mid-week visitors, the proposed new location would certainly provide a value-added experience to both daytime and extended-stay visitors to the City.

Relocating the market would necessitate a street closure, which deviates from the ad hoc committee's original vision for the event. However, closing Mission Street between Ocean and Lincoln does not impede access to the doors of nearby businesses, which somewhat lessens the impact of the street closure.

Mr. Lami has a plan to minimize market vendor parking on the streets surrounding Devendorf Park, thereby leaving street parking open. Market organizers will request three parking spaces on Sixth Street to be used as follows: two stalls for vehicles to shuttle vendors to offsite parking at the Vista Lobos lot, and one stall to be used as a "vegetable valet" where market customers can drive up to have their purchases loaded into their cars.

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Fiscal Impact:

There is also a plan to mitigate potential damage to Devendorf Park. The Market Association will place plywood under tent poles to limit damage to the grass, only the lighter booths will be placed in the park, and they will lay mats down at the Mission Street entrance to the park to cut down on wear and tear there.

The Farmers Market does not plan to use the entire park, intending to leave benches and a large part of the park free for use by the public.

Mr. Lami hopes to extend his license agreement with the City in June in order to continue operation of the Carmel-by-the-Sea Farmers Market. Should Council grant his request to relocate the market at this time, Mr. Lami would like to begin operating in the new location until such time as a new contract would be in effect. Mr. Lami would use this as a test period to work out the logistics of the market being in the new location.

Mr. Lami is aware that certain long-running City events such as the

Concours, the Carmel Art Festival , and the International Film Festival occupy Devendorf Park at various times of the year. On Thursdays that coincide with events such as these, the Farmers Market would like to return to the Sunset Center north parking lot.

The Community Activities and Cultural Commission is working on a recommendation to Council for streamlining the permit process for special events in Devendorf Park on the fourth Thursday of each month. Certain City regulations governing Devendorf Park require Council approval (waiving the Municipal Code prohibition on alcohol in the park, for example) and will not lend themselves to a streamlined permit process. It is probable, therefore, that the streamlined event process is more likely to lend itself to smaller, community events. Should Council allow the Farmers Market to relocate to Devendorf Park, there are several possibilities that could be explored with regard to the streamlined events: another mid-week day such as Wednesday could be chosen for the events, the events could be held after the close of the market at 4:00 or later, or the Farmers Market could relocate to the north lot at Sunset Center on those event days as well.

Should Council grant the request, the Farmers Market will occupy the park on a weekly basts, which could have the potential to impact revenues that the City might realize from other events on those days. The park is not currently heavily used for events, however, and it is staff's opinion that the benefits of relocating the Farmers Market to promote its

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visibility and viability outweigh the loss of revenues from other events, which at this point are minimal.

Special events in Devendorf Park are subject to a fee of $400 for the first four hours of use, plus $300 per hour thereafter, for a total of $1,600. Fees for three parking stalls total $600, and the cost for a street closure is $365. Total loss of fees per day equals $2,565.

The City does not charge fees for the use of the Sunset Center north parking lot; therefore, the West Coast Farmer's Market Association does not currently pay event fees to the City.

Budgeted (yes/no) Funding Source( general fund, grant, state)

No Council discretionary funds

Previous Council Action:

At its October 2, 2013 meeting, Council accepted the Downtown Event

ad hoc committee recommendations and forwarded them to the

Community Activities and Cultural Commission for further refinement.

At the February 4, 2014 meeting, Council approved Resolution 2014-14

granting approval to hold the March 27, 2014 Farmers' Market in

Devendorf Park, closing Mission Street between Ocean and 6th Avenues

from 8:00A.M. to 4:00P.M., and waiving all fees associated with the

event.

Decision History: None

Attachments:

Attachment A- Resolution

Attachment B- City Council Downtown event and ad hoc committee's "Carmel

Artisan Food Experience Guidelines"

Reviewed by:

/city Attorney City Administrator D Administrative Services D

Asst. City Admin. D Dir of CPB

~ Dir of Public Svcs D

Public Safety Dir D Library Dir Other D

City Engineer D

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL

RESOLUTION NO. 2014-

Attachment A

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY­THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH WEST COAST FARMERS MARKET ASSOCIATION TO OPERATE THE CARMEL-BY-THE-SEA ARTISAN FOOD EXPERIENCE AND

FARMERS MARKET AT DEVENDORF PARK AND MISSION STREET BETWEEN OCEAN AND 6TH A VENUES EFFECTIVE MAY 15, 2014

WHEREAS, in 2012 the City Council created an ad hoc committee to develop guidelines for the Carmel Artisan Food Experience and Fanners Market; and

WHEREAS, West Coast Fanners Market Executive Director Jerry Lami is requesting permission to move the location of the Cannel-by-the-Sea Farmers Market to Devendorf Park and Mission Street between Ocean and 61

h A venues; and

WHEREAS, the Cannel-by-the-Sea Farmers Market saw a ten-fold increase in foot traffic on the day it was held at the proposed location; and

WHEREAS, the proposed relocation would provide a value-added experience to both daytime and extended-stay visitors to the City; and

WHEREAS, the City is desirous of increasing the visibility and viability of the event.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

Authorize the City Administrator to enter into an agreement with West Coast Fanners Market Association to operate the Carmel-by-the-Sea Artisan Food Experience and Farmers Market at Devendorf Park and Mission Street between Ocean and 61

h A venues effective May 15, 2014

PASS ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL­BY-THE-SEA this 6th day ofMay, 2014 by the following roll call vote:

THIS SPACE INTENTIONALLY LEFT BLANK

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A YES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: SIGNED:

Deanna Allen Acting Deputy City Clerk

JASON BURNETT, MAYOR City of Carmel-by-the-Sea

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Attachment B ..

CARMEL ARTISAN FOOD EXPERIENCE GUIDELINES ~age 1 of 2

MISSION: The purpose of the Carmel Artisan Food Experience (Hereafter, the "Evenf') 1s to cultivate community: from farm to chef to table, through the growing, preparing, and consuming of sustainable, local, organic, artisan food. The Event strives to:

1. connect residents and visitors with each other In the h·eart of town by providing an open-air opportunity to shop for fresh food and taste the culinary explorations of local purveyors.

2. connect shoppers with local merchants by increasing foot traffic for existing storefronts and by providing Carmel-by-the-Sea food purveyors exclusive rights to establish a second, outdoor, venue for sales.

3. connect Carmel-by-the-Sea chefs and food purveyors with local farmers by providing accessible ingredients and encouraging culinary partnerships.

4. connect shoppers with local farmers by educating them about the best Ingredients through the culinary excellence and experimentation required of the participating chefs and purveyors.

5. connect local farmers who use organic, sustainable practices with a larger individual and business customer base in order to support their development and proliferation.

EVENT ORGANIZATION: The work of organizing and running the Event Is carried out by a City-sanctioned Steering Committee and a professional Event Manager.

RULES: The Event Manager develops and maintains a set of Event Rules, enforceable through fines and rrmits to participation and in accordance with these Event Guidelines, the Food and Agriculture Code, Article 5, Division 21 , section 58101, 58101 .5, 58103, 58104, and all other applicable City, State, County, & Federal regulations. The Steering Committee must give final approval as to whether the Rules meet the Guidelines, prior to their taking effect.

PURVEYOR PARTICIPANTS: Prepared Food Purveyors must currently operate a retail food store or restaurant within the official boundaries of Carmel-by-the-Sea and must offer one or more special prepared dish tor on--site or at-home consumption. Purveyors must partner with a participating Farmer to showcase at least one ingredient from that Farmer's available products In the offered dish. Though each farmer lngredrent is organic, Purveyors are strongly encouraged to utilize all organic ingredients when possible. All Vendors must be In good-standing regarding City regulations and have all current required permits for their permanent storefront as well as any Event booth.

VENDOR PARTICIPANTS: Food Vendors must currently operate a retail food store within the official boundaries of Carmel-by-the-Sea. They must offer organic, value-added agricultural products (food and fiber) such as jams, dried fruit, cheese, baked goods, olive oil. No craft Items will be permitted. All Vendors must be In good-standing regarding City regulations and have all current required permits for their permanent storefront as well as any Event booth.

FARMER PARTICIPANTS: Farmers will sell high quality, certified organic products at the height of freshness, which they grow or produce themselves. Farmers must provide a current Certified Producer's Certificate; the organic certificate from a USDA approved third party certifier; a copy of their state Orga!)lc Registration; a Map of Growing Ground with supporting photographs; and any other requested documentation to the Event Manager prior to participation. If a Farmer Intends to serve samples of his/her produce, he/she must adhere to the sampling regulations provided by the applicable health department. The designation Farmer also includes Fishermen. Fishermen must provide fresh, w ild-caught seafood from California central coast waters that meet or exceed the green level of Monterey Bay Aquarium Seafood Watch Cnterla.

AESTHETICS: The Event Manager must maintain high aesthetic standards In the layout and equipment of Participants. Proposals for layout, signage, equipment, and the like must adhere to or exceed the city Design Guidelines for the use of natural and subdued materials and must be approved by the Steering Committee before purchase and/or use.

COMMUNICATIONS: Participants must clearty display the name of their business. All temporary s!gnage must adhere to the same design, dimension, and location requirements and must be approved by the Steering Committee. Participants must post prices for -all Items being sold. Moreover, Farmers must post the ANOI score for all items. The display of additional nutritional information is strongly encouraged. Signage must comply with current laws. Dish Purveyors and their partner Farmers must provide to shoppers a card of approved standard design with the dish recipe on one side and the farmer Information on the other.

EQUIPMENT: The City may be able to supply equipment (power cords, and the like) and staffing {additional police

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CARMEL ARTISAN FOOD EXPERIENCE GUIDELINES officers, cleanup, and the like) provided that the Event arranges these items In advance and provides reimbursement so that the City incurs no costs. Bicycle locking areas must be arranged.

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BOOTHS: Participants must establish ar:~d maintain clean, attractive, informative booths. The Manager or the Participants provide tables, chairs, table cloths, scales, umbrella, slgnage, waste receptacle, decorations, and the like. Participant umbrellas must be approved by the Steering Committee and be of natural wood and cloth construction. Nl products must be displayed in natural receptacles such as wood, fabric, or wicker. There is no plastic or cardboard display material permitted. All display tables must be draped with natural fabrics such as linen, burlap, or the like to hide table legs and storage.

PACKAGING: Participants must encourage the use of multi~use wheeled or tote bags by providing them for sale or directing shoppers to the closest source. Participants may also offer recycled single-use paper bags for sale for 25 . cents or more. All prepared food must utilize either washable dlshware or bl~egradable plates, cups, utensils, napkins and the like. Prepared food to go must also utilize biodegradable packaging.

PURCHASES: For shoppers who cannot manage to transport their purchases back to where they are parked, the Event Manager may provide a drive~p will call booth, rental carts, or some other approved solution.

SCHEDULE: The Event is open year-round on Thursday afternoons arountl the lunch and dinner hours, rain or shine, except for planned holiday or other event conflicts, if any.

LOCATION: The outdoor portion of the Event is held at the north lot of Sunset Center, the indoor portion of the Event is held within the restaurants and other food establishments of Carmel-by-the-Sea. The Event location Is subject to change, If desired.

PETS: By law, pets and alf dogs except service dogs are not permitted in a food Event, however, pets may occupy City sidewalks and other areas that are not within the Event boundaries.

SMOKING: No smoking is permitted at the Event or within 1 DO feet thereof.

GARBAGE: The use of City waste and recycling receptacles by Event Participants and their customers is not permitted. The Event Manger must ensure that all Participants provide standardized waste, recycl ing, and compostlng receptacles , empty them frequently so that they do not overflow, and remove all waste from the City after tear down.

FINANCIALS: The Carmel City Administrator negotiates for Carmel City Council approval:

the general terms of the contract with the Event Manager a sliding scale of profit sharing with the City of Carmel from 0% at Event startup, to larger percentages as profits r ise. the fee for using city electricity or other utilities or services.

The Event Manager determines: the fee payment date, time, and methods. the outdoor event fee structures for Farmers, Vendors, and Purveyors, the indoor event fee structure for participants andfor visitors.

SET-UP: The Event Manager must confine set-up to the shortest possible time (th irty-minute maximum) with the least impact on normal residential and commercial operations. No late arrivals will be permitted. Emergency vehicle access is of the utmost Importance. No Participant Will be permitted to encroach in access~ways or otherwise depart from the Manager's layout.

TEAR-DOWN: The Event Manager must confme tear-down to the shortest possible time (thirty-minute maximum) with the least impact on normal residential and commercial operations. All Participants must clean up all litter and debris from their space and leave the area better than they found it. Participants may not leave before Event close.

INSURANCE: The Event Manager must arrange overall event insurance and ensure that Participants carry their own Insurance coverage.

ENFORCEMENT: Event Manager must strictly enforce the Guidelines and the Rules founded on them following a clear procedural agreement signed by all Participants.