TITLE
Recommendation to authorize City Manager, or designee, to execute a new Lease, and any necessary documents, with Long Beach Local, Inc., a non-profit public benefit corporation, for the continued use of approximately 0.6 acres of City-owned land within Willow Springs Park as an urban farm and sustainable produce stand (commonly referred to as Farm Lot 59), for a period of five years, from December 1, 2018 through November 30, 2023, with three, two-year renewal options, at the discretion of the City Manager. (District 7)
DISCUSSION
In September 2011, the Parks and Recreation Commission (Commission) approved the establishment of an urban farm, sustainable produce stand, and municipal mulch yard encompassing approximately 1.1 acres of City-owned land located near 2712 California Avenue (now known as Willow Springs Park). Pursuant to such action, the Commission recommended City Council approval of a lease with Long Beach Local, Inc. (Long Beach Local), for approximately 33,525 square feet (commonly referred to as Farm Lot 59) within Willow Springs Park (Attachment - Site Map of Leased Premises) to develop and manage the urban farm and sustainable produce stand for an initial term of two years with a one-year renewal option. On October 18, 2011, the City Council approved Lease No. 32385 as recommended by the Commission.
In October 2014, Lease No. 32385 with Long Beach Local, which includes an urban farm and sustainable produce stand, was renewed for a period of three years. Upon expiration of this three-year term on October 31, 2017, the Parks, Recreation and Marine Department and Long Beach Local agreed to allow the Lease to enter into a month-to-month holdover period to allow for discussions about ways to maximize community benefits and public access that can be incorporated into a new lease.
Following these discussions, Long Beach Local is requesting to enter into a new long-term lease for five years, with three, two-year extension options, so that mutually agreeable programs related to urban faming and urban agriculture can flourish. At the October 18, 2018 Commission meeting, staff provided an update on many activities within Willow Springs Park including the proposed new lease with Long Beach Local. The Commission was supportive of the new plans.
It is requested that the City Council approve a new lease containing the following major terms and conditions:
• Term: Five years from December 1, 2018 through November 30, 2023, with three, two-year renewal options, at the discretion of the City Manager.
• Termination Option: City shall have the right to terminate the lease should the tenant lose its non-profit status, cease to operate program services from the lease premises as described herein, or fail to abide by the terms and conditions of the lease agreement. Long Beach Local shall have the right to terminate the Lease with a notification to terminate provided in writing to the City at least two months (60 days) in advance.
• Leased Premises: Approximately 33,525 square feet of land located near 2712 California Avenue.
• Rent: Long Beach Local shall pay the City a rental payment of $1.00 per year. In addition, Long Beach Local shall annually pay to City an amount equal to 1 percent of gross revenue generated by all of its operations of the Leased Premises, including without limitation, revenue generated by the off-Premises sale of any food grown on the Leased Premises.
• Programming: The mission of Long Beach Local is to ‘Incubate urban farming and food education from the ground up’ with the purpose ‘To teach farming based on organic principles to create food security through education, farmer training, and cooking classes in collaboration with our local partners.’ Long Beach Local will operate and maintain an educational urban farm including, but not limited to, farm and garden bed, demonstration gardens, chicken coops, bee hives, fruit tree orchards, vertical growing, worm and/or compost bins, rainwater capture, etc. Long Beach Local will provide public access through regularly-scheduled farm-related public programs, community classes, workshops, and special events that provide educational opportunities related to urban agriculture. Long Beach Local will also establish collaborative partnerships with educational institutions, non-profit organizations, and workforce development groups and provide volunteer and experiential learning opportunities on the Leased Premises to support volunteerism, service-learning, and green job training at the farm.
• Public Benefit: An urban farming use at Willow Springs Park helps build more robust local food systems and access to locally-grown produce, creates spaces for urban gardening education and neighborhood scale economic development through green jobs, and provides programming and activation that can increase perceptions of safety. In addition, on average, produce purchased in Los Angeles County travels 1,500 miles before consumption, so localizing food sources can help reduce vehicle miles traveled while increasing community resilience to climate impacts.
• Improvements: Long Beach Local shall request permission in writing from the Department Director in advance, and secure approval when proposing to add any improvements to the Leased Premises, which shall become property of the City. Long Beach Local shall also secure written Department Director, or designee, approval in advance, for grants for permanent improvements that could obligate the City outside of Long Beach Local’s lease.
• Operations, Maintenance, Security, and Utilities: Long Beach Local shall be solely responsible for all costs associated with the operation, maintenance, trash collection, restroom facilities, security, and utilities (water and electricity) of the Leased Premises.
• ADA Compliance: Long Beach Local accepts the Leased Premises in its “as is” condition. Long Beach Local shall be solely responsible for ensuring that the Leased Premises and any improvements thereon comply with all applicable local, state, and/or federal laws pursuant to the Americans with Disabilities Act.
• Access and Parking: The Department shall provide a designated Operator Parking and Loading Zone area for Long Beach Local, as well as a designated parking area for visitors and volunteers. Parking shall be limited to these areas to eliminate unsafe crossing of vehicles and park visitors, as well as minimize impacts to adjacent protected habitat areas.
• City Laws, Codes and Regulations: Long Beach Local shall follow all applicable local, regional, state and federal laws, codes, regulations, and requirements in the operation and maintenance of the Leased Premises. This includes, but is not limited to, special event and food handling/sales permits, volunteer management, and all items listed under the Long Beach Municipal Code related to park rules.
• Insurance: Long Beach Local will maintain insurance at levels determined by the City’s Risk Manager.
• Department Liaison and Communication: The Department shall designate a Department Liaison through which Long Beach Local will communicate.
• Annual Report: Beginning in 2019, every December, Long Beach Local shall provide the Department a written report quantifying the community benefits derived from urban farming programs and services provided that year. The information presented in the report will be used by the Department to provide annual updates to the Commission, City Council and community, along with information from other partners, to demonstrate the value of partnerships in Long Beach parks.
This matter was reviewed by Deputy City Attorney Linda T. Vu on October 30, 2018 and by Revenue Management Officer Geraldine Alejo on November 5, 2018.
TIMING CONSIDERATIONS
City Council action is requested on November 20, 2018, to execute the lease expeditiously.
FISCAL IMPACT
The City will receive rent in the amount of $1 per year, in addition to 1 percent of gross revenue derived from operations at the leased premises. Rent will continue to accrue to the General Fund (GF) in the Parks, Recreation and Marine Department (PR). In 2017, the previous Lease with Long Beach Local generated $622 in revenue to PR. Revenue is not anticipated to significantly change as part of the proposed lease. In addition, PR does not anticipate incurring any expenses due to the proposed lease. There is no local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
GERARDO MOUET
DIRECTOR OF PARKS, RECREATION AND MARINE
APPROVED:
PATRICK H. WEST
CITY MANAGER