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HomeMy WebLinkAbout2010/05/04 Item 9 CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF -- CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: MAY 4,2010, Iteml RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE THIRD AVENUE VILLAGE CERTIFIED FARMERS MARKET FROM 2:00 P.M. TO 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL AND WAIVING THE BUSINESS LICENSE FEE REQUIREMENT FOR VENDORS PARTICIPATING IN THE FARMERS MARKET /:/1Lr DEPUTY CITY MANAGER/DEVELOPMENT SERVIC~ DIRECTOR ~ CITY MANAGER I 4/STHS VOTE: YES D NO ~ BACKGROUND The Chula Vista Third A venue Village Association (T A V A) has operated the downtown Farmers' Market since 1994. This is an ongoing weekly event that enhances the City's cultural activities and attracts shoppers and visitors to the downtown Third Avenue area. Approval of this two-year extension would allow the Third Avenue Village Certified Farmers Market to continue in its current location until December 31, 2011. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 4 (e) categorical exemption pursuant to Section 15304 [Minor Alterations to Land] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION That the City Council adopt the resolution. DISCUSSION Since 1994, T A V A has held the weekly downtown Farmers Market, which has become a well- known community event. Not only does it attract new people to Chula Vista's downtown, it also provides a sense of liveliness on the street, key to the momentum of revitalization efforts. 9-1 MAY 4, 2010, Iteml Page 2 of2 TA V A has reported that the Farmers Market draws between 1,000 to 3,000 visitors each Thursday and has positively impacted the surrounding businesses. The Farmers' Market operates approximately 50 weeks out of the year. On November 6, 2007, the City Council adopted Resolution No. 2007-260 which extended the temporary closure of Center Street and a portion of Church Avenue for the Third Avenue Village Certified Farmers Market and waived the business license requirement for participating vendors in the farmers market. The street closure and business license waiver have been approved in two-year intervals by the City Council since October 1995. The resolution extending the street closure and the waiver are being brought forward again because the previous approvals expired in December 2009. BOARDS/COMMISSION RECOMMENDA nON Not applicable. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilman Castaneda has property holdings within 500 feet of the boundaries of the Third Avenue Village Certified Farmers Market, which is the subject of this action. CURRENT YEAR FISCAL IMPACT Based upon current average occupancy, the estimated loss of parking meter revenue for the two- year period is $6,000. Estimated loss of business license fee revenue for the two-year period is $3,100. ONGOING FISCAL IMPACT There is no anticipated ongoing fiscal impact. ATTACHMENTS A. Conditions of Approval Prepared by: Diem Do, Senior Project Coordinator 9-2 ATTACHMENT A May 4, 2010 Third Avenue Village Certified Fanners' Market ATTACHMENT A CONDITIONS OF APPROVAL I. The subject street closure shall be pennitted through December 31, 20 II, unless revoked by the City of Chula Vista. The purpose of the street closure is to accommodate the Third Avenue Village Certified Farmers' Market. At the end of the two-year period, the Farmers' Market shall be evaluated by the Development Services Department and a recommendation made to the City Council. The City Council, at that time, may consider an additional two- year extension. 2. All vendors or activities are to take place within the confines of the Third Avenue Village Certified Farmers' Market are listed below. Additional vendors or activities require the approval of the Development Services Director prior to participation in the Fanners' Market. Approved Vendors and Activities A. Certified Farmers' Market-A location approved by the County Agricultural Commissioner, where certified fanners offer for sale only those items they grow themselves. The Farmers' Market must comply with Direct Marketing Regulations as provided in the California Code of Regulations Title 3, Chapter 3, Group 4, Article 6.5. B. Handcrafted goods made by the seller and sold by a vendor selected by T A V A. C. Promotional and/or Marketing activities that enhance the Farmers' Market but do not detract from the Village business environment. D. Third Avenue Village Association (TA V A) merchants and businesses in good standing may sell or demonstrate merchandise and services that are currently sold within their Village establishments E. Limited food items maybe sold by vendors selected by T A V A staff to compliment the Farmers Market experience. These food vendors shall abide by all applicable regulations and must hold a current San Diego County Health and Food Handlers Pennits to sell food items within the Farmers' Market. 3. T A V A shall provide, set up and remove all signs, barricades, temporary traffic control devices related to the Farmers' Market and street closure in a timely manner. Set-up shall begin no earlier than 2:00 p.m. and break-down shall be completed no later than 8:30 p.m. All traffic control devices, signs and barricades shall be provided at the expense of T A V A and shall be placed in accordance with a Sign Placement Plan, which shall confinn to the State of California traffic control requirements and be approved by the City Traffic Engineer. 4. T A V A will be responsible for coordination with appropriate City of Chula Vista departments and staff and implementation of all activities and regulations related to the street closure and Farmers' Market in accordance with all Local, County, State and Federal Requirements. 9-3 CITY COUNCIL RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. TO 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL AND WAIVING THE BUSINESS LICENSE FEE REQUIREMENT FOR VENDORS PARTICIPATING IN THE FARMERS MARKET WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16,1971, which created the Downtown Business Association; and WHEREAS, a new Property and Business Improvement District was formed by a vote of property owners on July 10,2001; and WHEREAS, on October 3, 1995, the City Council approved Resolution 18052 adopting Negative Declaration IS-95-30 and approving the closure of a portion of Center Street on Thursday afternoons between March 1996 and October 1996 for a Certified Farmers Market; and WHEREAS, on October 15, 1996, the City Council approved Resolution 18710 to expand the temporary closure of Center Street and add a portion of Church Avenue to accommodate the Certified Farmers Market on Thursday afternoons subject to certain conditions; and WHEREAS, the City Council has approved the temporary closure of Center Street and Church Avenue to accommodate the Certified Farmers Market every two years since the original approval; and WHEREAS, on November 6, 2007, through Resolution 2007-260 the City Council most recently approved the street closure and waiver of businesses licenses for participating vendors; and WHEREAS, the environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 4 (e) categorical exemption pursuant to Section 15304 [Minor Alterations to Land] of the State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, pursuant to Chula Vista Municipal Code 5.04.085 the Third Avenue Village Association has also requested a waiver of the Business License Fees for vendors participating in the Certified Farmers Market; and WHEREAS, the Third Avenue Village Association insures its downtown events, including the Certified Farmers Market for $1 million in liability, and names the City of Chula Vista as an additionally insured; and 9-4 WHEREAS, the Certified Farmers Market continues to further redevelopment and attract customers and visitors to the Town Centre I Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does hereby extend the temporary closure of Center Street and a portion of Church Avenue for the Third Avenue Village Certified Farmers Market from 2:00 p.m. to 8:30 p.m. on Thursday afternoons through December 31, 20 II, subject to conditions attached hereto as Exhibit A and authorizes the waiver of the business license fee requirement for vendors participating in the Certified Farmers Market. Presented by Approved as to form by /---.-/ ~/- (/~ ,C ~-----=. Bart C. Miesfeld Agency Attorney Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services 9-5 ATTACHMENT A May 4, 2010 Third Avenue Village Certified Fanners' Market ATTACHMENT A CONDITIONS OF APPROVAL 1. The subject street closure shall be pennitted through December 31,2011, unless revoked by the City of Chula Vista. The purpose of the street closure is to accommodate the Third Avenue Village Certified Fanners' Market. At the end of the two-year period, the Fanners' Market shall be evaluated by the Development Services Department and a recommendation made to the City Council. The City Council, at that time, may consider an additional two- year extension. 2. All vendors or activities are to take place within the confines of the Third A venue Village Certified Fanners' Market are listed below. Additional vendors or activities require the approval of the Development Services Director prior to participation in the Fanners' Market. Approved Vendors and Activities A. Certified Fanners' Market-A location approved by the County Agricultural Commissioner, where certified fanners offer for sale only those items they grow themselves. The Fanners' Market must comply with Direct Marketing Regulations as provided in the California Code of Regulations Title 3, Chapter 3, Group 4, Article 6.5. B. Handcrafted goods made by the seller and sold by a vendor selected by T A V A. C. Promotional and/or Marketing activities that enhance the Fanners' Market but do not detract from the Village business environment. D. Third Avenue Village Association (TA V A) merchants and businesses in good standing may sell or demonstrate merchandise and services that are currently sold within their Village establishments E. Limited food items maybe sold by vendors selected by T A V A staff to compliment the Fanners Market experience. These food vendors shall abide by all applicable regulations and must hold a current San Diego County Health and Food Handlers Permits to sell food items within the Fanners' Market. 3. T A V A shall provide, set up and remove all signs, barricades, temporary traffic control devices related to the Fanners' Market and street closure in a timely manner. Set-up shall begin no earlier than 2:00 p.m. and break-down shall be completed no later than 8:30 p.m. All traffic control devices, signs and barricades shall be provided at the expense of T A VA and shall be placed in accordance with a Sign Placement Plan, which shall confinn to the State of California traffic control requirements and be approved by the City Traffic Engineer. 4. T A V A will be responsible for coordination with appropriate City of Chula Vista departments and staff and implementation of all activities and regulations related to the street closure and Fanners' Market in accordance with all Local, County, State and Federal Requirements. 9-6