obligation to hold and supervise all operations of the Farmer’s Market in exchange for the use of City right-of-way in addition to approval.
In early 2020, the Chamber of Commerce began reviewing the contract with the City Manager.
Due to the restriction related to the pandemic and additional obstacles related to staff changes, the process was delayed.
During the pandemic, the operations of the Farmers’ Market were adjusted to comply with current health regulations and guidelines issued by the Los Angeles County Department of Public Health.
As lead on operations and supervision, the South Pasadena Chamber of Commerce will continue to make necessary adjustments and modifications to comply with these guidelines, and continue to notify the City of any substantial modifications. These changes are highlighted in the South Pasadena 2021 Update, included as Attachment 1.
Analysis
The previous agreements were signed with careful consideration that the Chamber has successfully operated the South Pasadena Farmers’ Market since 2010, how the Market has been operated, and with full consideration of the capacity to operate the Farmers’ Market according to all local, state, and federal laws.
Since the beginning of its establishment, the Farmers’ Market has increased participation from local businesses and nonprofit organizations, increased community awareness and educational opportunities for sustainability, created a 70/30 ratio between Farmers and Food Vendors, continuously addressed parking issues through formal agreements and a parking management plan, and introduced new revenue streams into the City’s General Fund.
The Chamber of Commerce has also continued to adjust the Farmers’ Market operations with guidelines provided by the Los Angeles County Department of Public Health. These adjustments include choosing specific vendors, creating a layout that complies with social distancing, limitation of market hours, staffing adjustments, and restrictions on gathering for events at the Farmers’ Market.
It is therefore the recommendation that the City Council approve the agreement to continue the operation and management of the South Pasadena Farmers’ Market for an additional 5 years.
Fiscal Impact
According to the Agreement, the South Pasadena Chamber of Commerce will pay the City a total sum equal to 7% of gross revenues which includes payments made to the Chamber of Commerce by vendors or derived through sponsorships and special events associated with operation of the South Pasadena Farmers’ Market. The 7% of gross revenues includes 5% of gross revenues received by the Chamber of Commerce for the operation of the Market that is due every 15 calendar days after each quarter. In addition, the remaining 2% of gross revenues received by the Chamber of Commerce to be placed in the City’s Capital Improvement Fund.
The net amount received by the City has ranged from $7,000 to $16,000 due to the current situation.
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Farmer’s Market Agreement
February 2, 2022
Public Notification of Agenda Item
The public was made aware that this item was to be considered this evening by virtue of its inclusion on the legally publicly noticed agenda, posting of the same agenda and reports on the City’s website.
Attachments:
1. Farmers’ Market Agreement
2. Chamber of Commerce Farmers’ Market 2021 Update
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ATTACHMENT 1
Farmers’ Market Agreement
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150734.1
AGREEMENT FOR OPERATION
OF
SOUTH PASADENA FARMERS’ MARKET
THIS AGREEMENT (“Agreement”) is made this 2nd day of February, 2022 by and between the CITY OF SOUTH PASADENA (“City”) and SOUTH PASADENA CHAMBER OF COMMERCE (“Chamber”).
1. CHAMBER'S OBLIGATON. In exchange for the use of the City right-of-way and City’s approval of Chamber’s operation of a farmers’ market in the City, Chamber agrees to hold and supervise the SOUTH PASADENA FARMERS’ MARKET (“Market”) and to perform during the term of this Agreement, the tasks, obligations and services set forth in the body of this agreement and in the “Proposal” attached to and incorporated into this Agreement as Exhibit A (the “Proposal”). In addition, the Chamber will conduct, through the Market, a minimum of five (5) family-oriented events per year including but not limited to holiday themed activities and summer programming. Should there be a conflict between the obligations set forth in the Proposal and those included in the body of this Agreement, the provisions in the body of this Agreement shall take precedence.
2. TERM OF AGREEMENT. This Agreement shall have a term commencing on February 2, 2022 and terminating on January 31, 2027 unless extended by mutual agreement.
3. FAMILIARITY WITH WORK. By execution of this Agreement, Chamber warrants that
(1) The Chamber has successfully operated the Market since June, 2010.
(2) It carefully considered how the Market should be operated, and (3) It fully understands the difficulties and restrictions attending the operation of the Market under this Agreement.
(4) It has proven it has technical competency and capacity to operate the Market according to all local, state and federal laws.
4. PAYMENT FOR APPROVAL AND USE OF RIGHT-OF-WAY. Chamber shall pay to City a total sum equal to 7% of gross revenues (payments made to the Chamber by vendors or derived through sponsorships and special events associated with the operation of the South Pasadena Farmers’ Market) received by Chamber for the operation of the Market (“Fee”), payable on quarterly basis to City for the use of City right-of-way and approval for the operation of the Market. Said fee shall be payable in two amounts as follows:
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150734.1
a. Chamber shall pay to City a sum equal to 5% of gross revenues received by Chamber for the operation of the Market and the payment shall be due fifteen (15) calendar days after each quarter.
b. Chamber shall also pay to City an additional sum equal to 2% of gross revenues received by Chamber for the operation of the Market, to be placed in a “Capital Improvement Fund” commencing with the first quarter of the Agreement. The payment shall also be due fifteen (15) calendar days after each quarter.
5. CAPITAL IMPROVEMENT FUND. The City shall establish a “Capital Improvement Fund” to be solely funded by the revenues derived from the Market as indicated in Section 4(b) herein. Said fund shall be managed by the City and decisions on how the fund is to be expended shall remain the sole discretion of the City with advisory input from the Chamber.
6. TIME FOR PERFORMANCE. Chamber shall not perform any work under this Agreement until Chamber furnishes proof of insurance as required under Paragraph “9” of this Agreement.
7. DESIGNATED ONSITE MANAGER. Chamber hereby designates Carol Gallegos as the Chamber’s Permanent Onsite Manager, and said Manager shall be responsible for the Market operation and coordination with the City. Market operation shall be actually performed by, or shall be immediately supervised by, the Onsite Manager. Any change in the designated Permanent Onsite Manager must be approved by the City Manager of City.
8. HOLD HARMLESS; INDEMNIFICATION. Chamber hereby agrees to protect, indemnify and hold City and its employees, officers and servants free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees and other expenses incurred by the City arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of the negligent acts, recklessness or willful misconduct of Chamber in the operation of the Market. This provision is not intended to create any cause of action in favor of any third party against Chamber or the City or to enlarge in any way the Chamber’s liability but is intended solely to provide for indemnification of the City for liability for damages or injuries to third persons or property arising from Chamber’s negligent operation hereunder.
9. INSURANCE. Chamber shall procure and maintain at all times during the term of this Agreement insurance as set forth in Exhibit “B” attached hereto. Proof of 14 - 6
150734.1
insurance shall consist of a Certificate of Insurance provided on IOS-CGL form No. CG 00 01 11 85 or 88 executed by Chamber's insurer and in a form approved by, the City’s City Attorney.
10. LICENSES, PERMITS, AND FEES. Chamber shall obtain a City of South Pasadena Business License and any and all other permits and licenses required for the services to be performed under this Agreement.
11. ASSIGNMENT. This Agreement, the approvals granted by this Agreement and/or the operation of the Market may not be assigned. Any attempt by Chamber to assign this Agreement, the approvals granted by this Agreement and/or the operation of the Market without written approval of City is prohibited and shall be null and void.
12. FARMERS AND VENDORS. Chamber agrees to the following with regard to the Farmers and Vendors that participate in the operation of the Market:
a. The Chamber will assist the City in ensuring that all Farmers and Vendors comply with the City’s business license requirements, retail tax regulations and health code provisions; and
b. The ratio of Farmers (fresh produce) to Vendors (packaged food and hot food) at each Market event shall be a Maximum of 70% Farmers to 30% Vendors and a minimum of 50% Farmers to 50% Vendors.
c. The Chamber has significantly increased the number and quality of farmers and certified producers. Currently approximately 65-70% of the booth space is occupied by agricultural products.
13. OPERATIONS. Chamber agrees to take full responsibility for the following operational obligations:
a. Certified Farmers’ Market. Chamber shall ensure that the South Pasadena Farmers’ Market maintains its status as a “Certified Farmers’ Market.” b. Day, Time and Location. The Market shall continue to operate on every Thursday and open to the public between the hours of 4:00 p.m. and 8:00 p.m. during Spring/Summer seasons and 4:00 p.m. and 7:00 p.m. during Winter/Fall seasons, with a setup time between 2:00 p.m. and 4:00 p.m. and a breakdown time between 8:00 p.m. and 10:00 p.m. Footprint of the Market shall remain the same and cannot be altered unless approved by City staff and City Council. The Market shall continue to operate on El Centro Street, between Mound Ave. and the Gold Line Stop and on Meridian Ave. between El Centro Street and Mission Street. 14 - 7
150734.1
c. Parking. The Chamber shall secure (at its own expense) from the South Pasadena Unified School District parking at the District Office parking lot on Thursdays between 3:30 p.m. and 8:30 p.m. to accommodate participants, farmers and vendors. In addition, Chamber will post directional signage to assist farmers, vendors and participants in locating the parking at the District Administration Office. Said signage and a sign plan indicating the proposed locations of the signage shall be prepared and approved by City prior to the commencement of the Market under this Agreement. The Chamber has also addressed through formal agreements, a parking management plan and promotion of underutilized lots in addition to promotion of using the Gold Line.
d. Street Closures and Site Layout. The Chamber shall be fully responsible to implement the City Approved street-closure plan. In addition, the Chamber shall ensure that all safety regulations are complied with including, but not limited to, compliance with fire lane requirements.
e. Electrical. The Chamber shall provide connection to electrical service for the Farmers and Vendors participating in the Market, commencing with the first Market operation under this Agreement. The Chamber's payments to City pursuant to Paragraph 4 shall be inclusive of any Chamber electric utility costs.
f. Trash. The Chamber will coordinate with the City Trash Collector to ensure that all trash generated by the Market operation is thoroughly cleaned up and disposed of properly. The Chamber will ensure that Farmers and Vendors comply with City Ordinance No. 2269 prohibiting the use of single-use plastic bags.
g. Restrooms. The Chamber will make arrangements for access to sufficient restroom facilities for farmers, vendors and participants through the Heritage Museum and other viable locations within the footprint of the Market.
h. Intellectual Property Rights. Logos and any other form of creative media referring to the South Pasadena Farmers’ Market shall remain the property of the City during and after should the agreement be terminated. i. Compliance with Health Guidelines. The Chamber shall comply with health regulations and guidelines issues by the Los Angeles County Department of Public Health considering the ongoing COVID-19 pandemic that began in 2020. The Chamber will ensure to continue making necessary adjustments and modifications to components of the market including selecting specific vendors, coordinating the safe layout of booths with social distance guidelines, limitation of Market hours if needed, staffing adjustments, and restrictions on gatherings and events.
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150734.1
j. Duty to Notify. In operating the Market, the Chamber shall notify the City of any dangerous condition of public property of when it becomes aware.
14. RECORDS AND INSPECTIONS. Chamber shall maintain full and accurate financial records with respect to all Market operations covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Chamber shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours.
15. REPORTS. On or before April 15th of each year, following the commencement of this Agreement, the Chamber, at its own expense, shall furnish to City a certified financial report of the Market operations. In addition, the Chamber shall furnish City with quarterly financial updates of the Market operation with the payment of the quarterly Fee to City and shall include a financial report of Market Operations in its annual report to the City. In addition, from time to time, the City may request certain added procedures for examination and reports of financial and statistical information concerning the Market.
16. AUDIT OR EXAMINATION. Chamber shall keep all records of funds received from the Market and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters.
17. NOTICES. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed as follows:
City: Arminé Chaparyan, City Manager
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
(626) 403-7210
Chamber: Laurie Wheeler, Executive Director
South Pasadena Chamber of Commerce
1121 Mission Street
South Pasadena, CA 91030
(626) 441-2339
If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall be given within five (5) working days of said changes. 14 - 9
150734.1
18. APPLICABLE LAWS, CODES AND REGULATIONS. Chamber shall perform all services described in accordance with all applicable laws, codes and regulations required by all authorities having jurisdiction over the Services.
19. NON-DISCRIMINATION. In the performance of this Agreement, Chamber shall not discriminate against any employee, subcontractor, operator or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age physical or mental handicap, medical condition, or sexual orientation. Chamber will take affirmative action to ensure that subcontractors, operators and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
20. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties.
21. WAIVER. If at any time one party shall waive any term, provision or condition of this Agreement, either before or after any breach thereof, no party shall thereafter be deemed to have consented to any future failure of full performance hereunder.
22. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Chamber shall be construed to be both a covenant and a condition.
23. RIGHT TO TERMINATE. City and/or Chamber may terminate this Agreement at any time, with or without cause, in its sole discretion, with ninety (90) days written notice.
24. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California.
25. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney’s fees paid and/or incurred in good faith. “Prevailing Party” shall mean the party that obtains a favorable and final judgment or order from a court of law described in paragraph “24.” This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment 14 - 10
150734.1
that results from the parties’ mutual settlement, arbitration, or mediation of the dispute.
26. SEVERABILITY. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way.
27. FORCE MAJEURE. The respective duties and obligations of the parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.
28. INTEGRATED AGREEMENT. This Agreement, together with Exhibits “A,” and “B” supersede 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 representation by any party, which is not embodied herein, nor any other agreement; statement or promise not contained in this Agreement shall be valid and binding. Any modification of the Agreement shall be effective only if it is in writing and signed by all parties.
Dated: ________________________ “CITY”
By: ___________________________
Arminé Chaparyan
City Manager
Dated: ________________________ “CHAMBER”
By:_________________________________
Andrew Berk
Chair, Board of Directors
APPROVED AS TO FORM:
______________________________
Andrew Jared
City Attorney
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150734.1
EXHIBIT “A”
PROPOSAL
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150734.1
EXHIBIT “B”
INSURANCE REQUIREMENTS
Additional Insured Status: The Chamber shall obtain, maintain, and keep in full force throughout the duration of the term of the Agreement, liability insurance covering the Chamber and, with the exception of Professional Liability Insurance, designating City including its elected or appointed officials, directors, officers, agents, employees, volunteers, or Chambers, as additional insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of the Chamber 's work or operations in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that the Chamber’s insurance policies shall be primary as respects any claims related to or as the result of the Chamber’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or Chambers shall be non-contributory. General liability coverage can be provided in the form of an endorsement to the Chamber’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage: For any claims related to this contract, the Chamber’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Chamber’s insurance and shall not contribute with it.
Professional Liability Insurance $1,000,000/$2,000,000
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
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150734.1
a. Any vehicle, combined single limit $1,000,000
Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. The Chamber shall provide thirty (30) days advance notice to City in the event of material changes or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to City thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, City shall have the right but not the duty to obtain replacement insurance and to charge the Chamber for any premium due for such coverage.
City has the option to deduct any such premium from the sums due to the Chamber.
Waiver of Subrogation: Chamber hereby grants to City a waiver of any right to subrogation which any insurer of said Chamber may acquire against the City by virtue of the payment of any loss under such insurance. Chamber agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Chamber to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers: Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better.
Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by City 's Risk Manager. Chamber shall immediately advise City of any litigation that may affect these insurance policies.
Claims Made Policies:
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Chamber must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage: Chamber shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage 14 - 14
150734.1
required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Chamber’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors: Chamber shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances: Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Nothing in this section shall construed to as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Chamber may be held responsible for payments of damages to persons or property.
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ATTACHMENT 2
Chamber of Commerce 2021
Update on Farmers’ Market
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2021 Update
Presented to the
City of South Pasadena
By the
South Pasadena Chamber of Commerce
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South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 2 Executive Summary
As operator of the South Pasadena Farmers’ Market, the Chamber has improved the local economy, increased revenues to the City while minimizing city staff impacts, increased awareness of healthy living choices and improved quality of life in South Pasadena. The Chamber pledges to continue with, and improve on, those initiatives.
The Chamber’s key differentiator from an outside entity managing the Market is that we have made it a true local weekly town square. The Chamber has consistently increased participation from local businesses and nonprofit organizations by:
• Hosting “Community Corner” Local Nonprofit Tents
• Offering Local Businesses a presence in the Market Annex • Provide opportunities for City Departments to connect and outreach to residents and visitors
• Cross-promotion of the Farmers’ Market and local businesses • Opportunities for local musicians to play at the Market The Chamber has significantly increased the number and quality of farmers and certified producers. When the Chamber was awarded the contract to operate the market in 2010, more than half of the space was occupied by prepared food vendors. Currently, approximately 65-70% of the available booth space is occupied by agricultural products, while the remaining space is prepared food and other food products. We’ve added more Certified Organic producers; applying strict standards to that designation. Food vendors remain, with an emphasis of complementing and not competing with the menus of nearby local eateries.
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South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 3 Parking impacts have been addressed through formal agreements, a parking management plan and promotion of underutilized lots. We also promote Gold Line use.
The Chamber’s local control of the market creates a multiplier effect on the local economy. Local jobs are created, local services used, and local sales taxes are generated by nearby businesses. This in turn increases revenues to the City General Fund.
Compensation to the City includes:
• 2% of Gross Revenues CIP Fund for capital improvements or maintenance, such as museum painting or plumbing repairs • 5% of Gross Revenues to the General Fund as a “franchise fee”/right-of-way fee
• The Chamber contracts with an outside vendor to implement the approved traffic control plan each week (the City staff performed that function with the prior operator).
The following pages offer more detailed explanations of our approach.
We’ve proven we’re the local option; we are excited and thrilled to continue!
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South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 4 South Pasadena Chamber of Commerce Operates the South Pasadena Farmers’ Market
The celebrated South Pasadena Farmers’ Market has been locally controlled for a decade, and it is best for the community that it continues to “stay local”.
The Chamber of Commerce is this community’s business organization with the mission of improving the local economy, supporting local businesses and connecting people. Our interest in operating this Farmers’ Market grew from the notion that we could create even better synergies through the Market – with businesses and neighbors, educators and students, sustainable outreach and citizens. We believe that keeping the revenues from the Farmers’ Market local is one of the most sustainable and responsible actions the City can take. Keeping local control builds community and improves South Pasadena quality of life in uncountable ways.
The South Pasadena Chamber of Commerce continuing as the operator of the South Pasadena Farmers’ Market is a natural fit.
Covid-19
The Farmers’ Market made modifications and adjustments to its operation beginning in March, 2020 in response to the COVID-19 pandemic. The Market adjusted and responded to the changing mandates and restrictions issued by the Los Angeles County Department of Public Health. The Chamber was in constant communication with City officials, including City Manager, Police Chief and Fire Chief, on the weekly status of the Market. Among the changes made over the last 20+ months: increase in the space between booths, additional signage at the entrances to the Market and at each booth, creating ‘in’ and ‘out’ traffic flow at the booths, elimination of all sampling (unless in compliance with health requirements), additional staff to comply with social distance monitoring removal of all hot foods/cooking on site (then ultimately allowed to return), and a reduction in the Market hours. The Health Department has visited the Market on several occasions, and have noted no deficiencies and only minor adjustments to the modifications made. The Chamber and the Market staff continue to adhere to all guidelines and work hard to ensure that the staff, vendors and guests stay safe and well.
Farmers’ Market Manager – A Key Component to a
Successful Market
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South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 5 While the South Pasadena Chamber of Commerce has a substantial track record of being community focused and trusted, we realize that a Farmers’ Market of this caliber needs a high level of expertise to run well.
Carole Gallegos has been with the South Pasadena Market since the fall of 2012.
She is a very experienced and well-respected manager. She is also the manager of the Encino market, which takes place on Sunday mornings. She is consulted often by other market managers as well as communities and organizations who are in the process of improving existing markets. She also is very knowledgeable about all the requirements of both the L.A. County Agriculture Department, which oversees the farmers and other producers as well as the LA County Department of Public Health, which has jurisdiction over the prepackaged and prepared foods.
She has a real sense of the community and has been able to attract farmers and vendors that meet the needs of the local shoppers, and do not compete with local “brick-and-mortar” food establishments in South Pasadena.
Section One: Increasing Participation from Local
Businesses and Nonprofit Organizations
As operator of the South Pasadena Farmers’ Market, we continue to include participation from local businesses and nonprofit organizations:
• “Community Corner” local nonprofit tents
• Local Business participation in the Market Annex
• Special Events – designed to bring the community together • Website links, co-op ads and other cross-promotion
• Inclusive policy favoring locals based on objective criteria • Policies protecting local business from direct competition • Farmers’ Market “Good Neighbors” roundtable as needed “Community Corner” — Local Nonprofit and City Tents
The Community Corner is tent space alongside the South Pasadena Historical Museum. These booths are offered with a fee waiver to the City of South Pasadena and any of its Boards or Commissions, and many locally based nonprofits. Space is also be available for a small fee to regional or national nonprofits whose mission concerns South Pasadena residents.
Many departments in the City of South Pasadena have participated in the 14 - 21
South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 6 Community Corner and disseminated information and resources to the community, including environmental sustainability, recreational services, police department and others.
The Chamber has provided booth space for a number of local and regional community groups and organizations to promote their events, activities and outreach to the community.
Special Events
The Chamber of Commerce coordinates and presents special events throughout the year. These are designed to further involve the local community and provide opportunities to gather and enjoy the town. Included in these events are: Annual Huntington Hospital Flu Shot Clinic, Market Anniversary, Halloween at the Market, a bike-repair clinic and the popular Holiday tree lighting celebration.
Local Business Spotlights – The Market Annex
The Market Annex helps promote local businesses that offer environmental, health-living or food related products or services. Numerous businesses have found that this opportunity generates new business and an awareness in the community. These tents are available to local businesses for a fee on a per market basis. We plan to involve more businesses in this valuable opportunity by providing a time-share concept for local businesses that meet the criteria.
The Local Connection
The Chamber supports local businesses by affording them the opportunity to showcase their products and services at the weekly “Chamber Information Booth”. Staffed by local business owners, visitors are introduced to the city, and some of the unique shops and eateries in the downtown business district.
The local restaurants have discovered that their business revenues increase on Farmers’ Market nights. Customers stop in for a refreshing beverage or meal while enjoying the ambiance of the Market.
Internet Impact — SouthPasadenaFarmersMarket.org and
Social Media
The website for the market, SouthPasadenaFarmersMarket.org, is visited often 14 - 22
South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 7 for information on the farmers and vendors at the market, as well as providing information and applications for those who wish to sell their food products at the popular market. The followers of the market on social media continues to grow, with the Facebook page having the most followers of almost any market in southern California, with over 8,500 followers.
Inclusive Policy Favoring Locals Based on Objective Criteria This is core to our mission as a Chamber of Commerce. Our Market Rules have been created specifically to promote local businesses and extend their opportunities to participate, while also ensuring that no direct competition from outsiders threatens their livelihoods. The policy will be all-inclusive for South Pasadena licensed businesses, with preferential treatment to those who support our nonprofit mission by joining as dues-paying members.
Prohibiting Direct Competitors to Local Businesses
Corollary to our pledge to support locals is our position that we should protect them from direct competitors. Our Market Rules have been written to focus prepackaged food stands on goods not already offered in surrounding and nearby eateries. Our selection of prepared food vendors will be sensitive to nearby restaurants so as not to offer similar menus.
Section Two: Increasing Community Awareness and
Educational Opportunities of Sustainability
The Chamber’s approach to managing the Market makes it a weekly local gathering spot, with a community exchange of information through educational, government and business channels. We support the local public schools and student groups by inviting them to participate in the Market to promote and bring awareness to their various causes and events. Recently, Compost Culture, with is operated by SPHS students, started having a booth at the Market weekly to collect food waste from residents, which is then taken to a local garden to become compost. The compost is, in turn, returned to local residents for use in their personal gardens. We coordinate with the City of South Pasadena to communicate with citizens on sustainable programs and environmentally friendly resources. And we encourage business and nonprofit entities to participate in the public forum.
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South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 8 Green Merchandise
Locally sourced, Farmers’ Market branded reusable are sold, encouraging responsible shopping practices! In addition to offering shoppers a convenient carry-home market bag, these decorated canvas sacks also promote the South Pasadena Farmers’ Market. Local companies and organizations have partnered with the Market, and offer other reusable bags and other accessories, including an innovative ‘Bring-one-take-one” reusable bag exchange program.
Metro Gold Line Cross Promotion
The South Pasadena Farmers’ Market continues to promote use of public transportation, including the Metro “L” (former Gold Line) in its publicity and on the website.
Community Dialogue
The Chamber and Market Manager are always available to the surrounding businesses to address any concerns raised. In addition, anyone wishing to participate in the market – entertainers, vendors, farmers – are in contact with the Chamber and the Manager to provide further information and guidance.
Marketing
Marketing for the South Pasadena Farmers’ Market is synergistic with other Chamber initiatives for SouthPas destination marketing. Print ads and websites will cross promote, and the business district and Farmers’ Market will share ad space wherever appropriate. In addition, a link from the Chamber website to the Farmers’ Market website,
SouthPasadenaFarmersMarket.org, allows site visitors to get information on both Chamber and Market activities. Consistent social media posts draw attention to new vendors, seasonal offerings, as well as information on any special events that are taking place. The website and social media also is updated with any current closures, or other important information for the public.
Section Three: An Appropriate Ratio Between
Farmers and Food Vendors
The Chamber maintains the emphasis on an agriculture-oriented market.
Approximately 70% of the Market space is allocated to certified farmers and producers. The remaining 30% is prepackaged and prepared-to-order food 14 - 24
South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 9 vendors. The market layout of booth locations remains in compliance of health department and agricultural department regulations of separation of these types of vendors. Food vendors are selected with care to compliment and not compete with the menus of nearby local eateries.
Organic Produce
Certified organic producers are highlighted if they meet strict criteria.
Specifically, any Producer who wishes to use the words “organic,” “organically grown,” “100% organic” or other similar terms in their product labeling must be in compliance with the requirements of the California Organic Products Act of 2003, Food and Agricultural Code and Health and Safety Code.
More Farmers than Prepared Food Vendors
The festive environment, delicious smells and potpourri of freshly prepared food is a hallmark of the current market and adds to the overall “vibe” of the market that is so attractive to local residents as well as visitors. This contributes to the many accolades and awards that Market receives. Recently, the South Pasadena Market has been recognized by the Pasadena Weekly, Beacon Media News and the Pasadena Star News in their respective “Best Farmers’ Market” category.
Section Four: Parking Issues
Parking is provided for shoppers and vendors at the Market through formal agreements and a parking management plan. Arrangements with nearby businesses and the owners of the former SPUSD lot have been created to help alleviate the parking impact on local residential streets.
Our parking management plan includes:
Parking agreements
We have secured parking agreement with the owners of the 899 El Centro St. building; this parking is dedicated to the large trucks and vehicles driven by farmers and vendors that won’t fit in the market footprint.
Farmers’ Market shoppers are encouraged to use the Mission Meridian underground garage. We have an agreement with the owners of the property at 1020 El Centro Street to rent the lot for customer and staff parking. The agreement is flexible enough to allow the property owners to rent the lot out for major film productions and such.
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South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 10 Respect for Residential Parking
Parking impacts to nearby neighbors is minimized through good communications with all vendors and farmers that there is no parking allowed on Glendon Way, Meridian or El Centro in residential areas. A diligent effort is made each week by Market staff as well as the South Pasadena Police Department to locate the owners of vehicles parked in the market footprint prior to any cars being ticketed and/or towed.
Gold Line Ridership and Bike-to-Market
Promoting Metro Gold Line and other public transit use, riding bikes and walking help reduce parking impacts. Surveys have shown that over 50% of the shoppers in the Market are not South Pasadena residents. Many are commuters, and stop by for their groceries as they travel through town, either on the train, by car or bike.
Section Five: Revenue Streams to the City
The true beauty of retaining local control of the Farmers’ Market is in the multiplier effect on the revenues. Local jobs are created, local services are used, and local sales taxes are generated1. This in turn increases revenues to the City General Fund. This is one of the foundations of creating a sustainable local economy.
Prior to the Chamber receiving the contract to operate the Market, the City subsidized the Market without compensation. The Chamber has consistently provided financial compensation to the city for the operation of the Market.
City General Fund Contributions
• Zero cost to the City — The Chamber contracts with a traffic control company to effectively and accurately close the street and direct traffic in compliance with the approved traffic control plan.
• Business Licenses – all food vendors are required to obtain business licenses for the City of South Pasadena
• 5% of Gross Revenues for the “Right of Way” permits on which the market is operated
• 2% of Gross Revenues CIP Fund for capital improvements or 1 Indirect sales tax impact from increase in local taxable sales of nearby businesses, restaurants and fueling stations, as well as certain Market vendors. 14 - 26
South Pasadena Farmers’ Market 2021| South Pasadena Chamber of Commerce 11 maintenance, such as museum painting or plumbing repairs Support for the South Pasadena Preservation Foundation
The Chamber pays $200 weekly to the South Pasadena Preservation Foundation for use of the restrooms in the Museum, a City-owned facility.
The museum building is also used for the end-of-day close-out.
Chamber Board of Directors 2021-2022
Board Chair
Andrew Berk
Avison Young Commercial Real Estate
Immediate Past Chair
Sam Hernandez
Paradise General Contractors
Secretary
John Vandercook
South Pasadena Kiwanis
Treasurer
Kris Morrish
The Kutzer Company
Vice President–Economic Development
Steven P. Dahl
Dahl Architects, Inc.
Vice President – Membership
Michele Downing
Compass
Vice Presidents
Jamie Khuu Inzunza
Mamma's Brick Oven Pizza & Pasta
Karla Thompson, DDS
SmileHaus Orthodontics
Directors:
Jeff Burke
BurkeTriolo Studio
Ed Chen
Athens Services
Camille DePedrini
Camille DePedrini Boutique
Jason Mak
Golden Oaks Apartments
Elda Marquez
Lowell & Vanderbilt
SaraRose Orlandini
SugarMynt Gallery
Justin Prietto
Lost Parrot Cafe
Shawn Prokopec
Institute for the Redesign of Learning
Lawrence Sin
Core Benefits
Administration
Laurie Wheeler
President | CEO
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15 Cell Tower Revenue Usage
February 2, 2022
Investments Analysis
LAIF Transfer History
Date Amount Transfer Out of LAIF
10/1/2018 4,000,000
2/1/2019 1,000,000
3/1/2019 2,000,000
7/1/2019 5,000,000
10/1/2019 4,000,000
5/1/2020 2,000,000
8/1/2020 4,000,000
10/1/2020 2,600,000
4/1/2021 1,500,000
10/1/2021 3,000,000
Maximum Transfers Out: 5,000,000
Minimum Transfers Out: 1,000,000
Average Transfers Out: 2,910,000
Staff has conducted two analyses to determine what is actually needed to be kept in the liquid LAIF investment pool. The first analysis was to determine what amount does need to be readily available for usage and therefore held in a liquid-investment:
LAIF Balance (ending 12/31/2021): $ 35,042,122
Balances needed in LAIF:
ARPA 1st Installment: $ 3,029,618
Cell Tower: $ 4,374,440
Retiree Pension Reserve (Council Designated Reserve): $ 500,000 Retiree Medical Reserve (Council Designated Reserve): $ 500,000 General Fund Accessible Funds: $ 5,000,000
Total Balances needed in LAIF: $ 13,404,058
Difference: $ 21,638,064
Potential Transfer from LAIF to Investments held at Zions Bank: $ 21,500,000 Potential Transfer as presented to Finance Commission: $ 16,500,000 The second analysis was to look a recent LAIF transfer history and determine when the LAIF pool is tapped into. It appears that annually on October 1st, the City draws funding down to ensure sufficient cash flow for its Water Bond payment. 15 - 2
Cell Tower Revenue Usage
February 2, 2022
Conclusion
It appears from the above analyses that the City could potentially invest up to $21,500,000 in longer/greater yielding investments while still providing for daily needs. Staff would request discussion and direction from the City Council. Any investments with Morgan Stanley would still be in conformity with the current investment policy provided investments are distributed within limit guidelines per type.
Fiscal Impact
Potential greater investment returns from investing in longer term investments while not sacrificing safety of principal.
Public Notification of Agenda Item
The public was made aware that this item was to be considered this evening by virtue of its inclusion on the legally publicly noticed agenda, posting of the same agenda and reports on the City’s website.
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