Long Beach, CA
File #: 15-1119    Version: 1 Name: PRM - Operation for a Farmers Market at Bixby Park D2
Type: Contract Status: CCIS
File created: 10/14/2015 In control: City Council
On agenda: 11/3/2015 Final action: 11/3/2015
Title: Recommendation to authorize City Manager to execute the First Amendment to Commercial License Agreement No. 33468 with Lee Ostendorf to add a Saturday farmers’ market at Bixby Park, and to amend the license fee. (District 2)
Sponsors: Parks, Recreation and Marine
Indexes: Agreements, Amendments, Licenses
Attachments: 1. 110315-R-19sr.pdf
Related files: 33468_000, 14-0063, 33468_001
TITLE
Recommendation to authorize City Manager to execute the First Amendment to Commercial License Agreement No. 33468 with Lee Ostendorf to add a Saturday farmers’ market at Bixby Park, and to amend the license fee. (District 2)

DISCUSSION
On January 21, 2014, the City Council authorized the City Manager to execute Commercial License Agreement No. 33468 (Agreement) for the operation of a farmers’ market at Bixby Park, located at 130 Cherry Avenue. The farmers’ market (Tuesday Market) has been operated by Lee Ostendorf (Licensee) every Tuesday evening from 3:00 p.m. to 7:00 p.m. The Agreement was initially for a term of three years, expiring on December 31, 2016, with two, two-year renewal options at the discretion of the City Manager or his designee.

Since February 2015, Mrs. Ostendorf has also been conducting a trial farmers’ market at Bixby Park on Saturday mornings (Saturday Market) under a temporary permit issued by the Office of Special Events and Filming. The Department of Parks, Recreation and Marine (PRM) and the Licensee have determined that the Saturday Market is both viable and desirable for continuation at Bixby Park.

The Licensee pays the City of Long Beach (City) a tiered license fee that increases as the weekly gross income reaches certain levels. Currently, the gross income, which determines the license fee, is currently calculated weekly, but paid quarterly. With the addition of the Saturday Market, and in order to cut down on staff administrative time and to improve clarity of the Agreement, PRM is proposing a change in the license fee calculation from weekly to monthly, and combining the gross income from both the Tuesday Market and the Saturday Market to determine the base on which the license fee will be computed. The license fee will continue be paid on a quarterly basis.

On September 18, 2015, the Parks and Recreation Commission (Commission) recommended that the City Council authorize the City Manager to execute the First Am...

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