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SR - AGR-6547 - USE OF WEST PALM AVENUE FOR FARMERS MARKET1. SUBJECT Agreement for use of West Palm Avenue between North Lemon Street and North Cypress Street by the Orange Home Grown Farmers and Artisans Market. 2. SUMMARY City Council approved the temporary street closure of West Palm Avenue between North Lemon Street and North Cypress Street at the November 14 City Council meeting to accommodate the relocation of the Orange Home Grown Farmers and Artisans Market (OHG). The proposed agreement allows OHG use of the closure area for their weekly market and outlines both the City and OHG's responsibilities related to the closure. 3. RECOMMENDED ACTION Approve Agreement for use of West Palm Avenue between North Lemon Street and North Cypress Street by the Orange Home Grown Farmers and Artisans Market and authorize the Mayor and the City Clerk to execute on behalf of the City. 4. FISCAL IMPACT The estimated fully burdened cost of the weekly closure is $760, and includes the use of City vehicles, equipment and traffic control devices. However, the agreement requires OHG to reimburse the City only for direct staff costs, estimated to be $260 per week. 5. STRATEGIC PLAN GOAL(S) 1. Provide for a safe community. 3. Enhance and promote quality of life in the community. 6. GENERAL PLAN IMPLEMENTATION Goal 3.0 Ensure adequate maintenance of public rights -of -way to enhance public safety and improve circulation Policy 3.3: Continue to design, install, and maintain signals, signage, street lights, and traffic control devices within rights -of -way. 7. DISCUSSION and BACKGROUND Background City staff have been working with Megan Penn, Executive Director for Orange Home Grown Farmers and Artisans Market (OHG) to find a new location for the local farmers market. OHG's current location, 304 N. Cypress Street, home of the Villa Park Orchards Packing House, is being redeveloped into student housing by the property owner, Chapman University (Chapman). OHG has been notified by Chapman that their last market in the current location will be Saturday, December 23. To that end, OHG is seeking a new location starting January 6, 2018. Several new locations have been considered and investigated. Key elements evaluated include the appropriate amount of space for all elements of the market, good circulation, good visibility, appropriate access and parking, minimal resident and business impacts, and overall safety. Discussion and reviews have included Community Development, Community Services, Fire, Police and Public Works Departments. OHG submitted an application for a Temporary Use Permit (TUP) to relocate the market just east of their current location, utilizing Chapman's Becket Building (formerly Time Warner Cable) parking lot, W. Palm Ave. between Cypress St. and Lemon St. and the north parking area of Chapman's Dodge Film School. OHG's Letter of Justification, which includes a draft market layout map, is attached for reference. The Zoning Administrator approved TUP No. 0211 -17 on November 13, 2017 approving the relocation of the market for a period of up to 12 months, with the opportunity to request an additional 12 -month extension provided the market operations operate in compliance with conditions of approval and do not result in unanticipated impacts on the surrounding area. The market outline requires a City street closure of W. Palm Ave., between Cypress St. and Lemon St., every Saturday from 7:00 a.m. to 2:00 p.m. City Council approved this closure at the November 14 City Council meeting. ITEM 2 12/12/2017 Discussion The proposed agreement allows OHG use of the closure area for their weekly market and outlines both the City and OHG's responsibilities related to the street closure. The street closure will be executed each week consistent with a staff approved Traffic Management Plan. OHG agrees to park vehicles as required by the Traffic Management Plan, at both the Lemon St. and Cypress St. closure sites, in coordination with placement of type three barricades to act as safety barriers and fully close W. Palm Ave. to vehicle traffic. Each required vehicle must remain in place for the duration of the closure. The City will provide the Type III barricades each week and set up traffic detour signs. The agreement requires OHG to reimburse the City for direct costs associated with the closure. Direct staff costs are estimated at $258 per week. OHG will be billed actual costs quarterly. Staff will continue to work with OHG to ensure the temporary location and closure works safely and sufficiently, with minimal impacts to local residents and businesses. The term of the agreement is for one year, with the option for a one year extension, to be executed by the City Manager, as long as a valid TUP is in place. The agreement outlines insurance requirements and states OHG is responsible for all aspects of production of the market. Staff will continue to work with OHG to find a more permanent location. 8. ATTACHMENTS • Agreement for use of West Palm Avenue between North Lemon Street and North Cypress Street by the Orange Home Grown Farmers and Artisans Market. • October 17, 2017 Letter of Justification from OHG ITEM 3 12/12/2017