DATE: April 9, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Public Works Department
TITLE: AMENDMENT 2 TO PROPERTY USE AGREEMENT WITH MAINSTREET OCEANSIDE, INC. FOR PROTECTION BARRIER DEPLOYMENT REIMBURSEMENT FOR THE MORNING FARMERS MARKET AND THE SUNSET MARKET
RECOMMENDATION
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Staff recommends that the City Council approve Amendment 2 to the Property Use Agreement with MainStreet Oceanside, Inc. amending the Agreement to include barrier deployment and associated fees at the Morning Farmers Market and the Sunset Market with an estimated annual payment to the City in the amount of $87,750, for the first-year reimbursement of weekly barrier deployment services and authorize the City Manager to execute the amendment.
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BACKGROUND AND ANALYSIS
Since 2000, MainStreet Oceanside, Inc. (“MSO”) has managed the Morning Farmers Market which is held every Thursday from 9:00 a.m. to 1:00 p.m. In 2007, Council approved an agreement for MSO to operate the Sunset Market, also held Thursdays from 5:00 p.m. to 9:00 p.m. and collectively referred to as the (“Markets”).
During Market operations, MSO currently uses vehicles to block major street intersections to prevent unauthorized access and protect the public. However, recent incidents across the country demonstrate the risks posed by vehicles operating near special events and markets held on city streets In response to the increased risk associated with such incidents, the City has purchased moveable protection barriers (“Barriers”) to enhance public safety and provide a significantly improved level of protection.
The Barriers are a high strength, ballistic steel that can be installed and moved accordingly for each scheduled event. In conjunction with the Barriers, the City will also purchase from Meridian Rapid Defense Group (“Meridian”) two (2) transport trailers, one (1) manual hauler and supporting accessories necessary for each deployment. In addition to the equipment purchase, Meridian will provide weekly deployment services of the Barriers to and from the Markets. The Barriers will be transported to the Morning Farmers Market in the morning and then moved to the west side of Coast Highway in the afternoon for the Sunset Market, then transported off site at night to be stored at the City Operations Center. The weekly deployment cost for the Markets will be $2,250, or $117,000 annually for the first year of service.
The Markets have become a weekly downtown community-based event that hosts an estimated 525,000 patrons annually. MSO does not pay the City for the use of City property during operation of the Markets in consideration for the numerous services provided by MSO in the downtown area; however, it does share in the cost of providing Police Department support to the event. MSO also supports downtown merchants and property owners through activities such as: 1) Taste of Oceanside, Taste of Spring and the Shop Local campaign; 2) cultural activities such as the Oceanside Mural Initiative; 3) Economic Development including the Downtown Ambassador program, and business promotion and information through its Kiosk Program, 4) Security Services with Gatekeepers to the downtown area. MSO also provides funding for seasonal events such as the Independence Day Parade, Holiday Tree Lighting, and streetlight pole decorations and banners.
Per the proposed Amendment, MSO agrees to pay seventy-five percent (75%) of the total weekly cost of barrier deployment to the Markets and the City will pay twenty-five percent (25%). MSO’s estimated cost is $87,750 for the first year of the deployment service. These deployment costs are expected to adjust each year. Additional barriers may be needed in the foreseeable future for City needs and events. If additional barriers are purchased and added to the Markets, MSO agrees to continue paying seventy-five percent (75%) of the added weekly barrier deployment costs and the City would continue to pay twenty-five percent (25%).
FISCAL IMPACT
|
Description |
1st Year Estimated Amount |
Account No. |
|
Barrier Deployment Cost Share |
$87,750 |
600646101.4368.0009 Bollard Deployment |
MSO will be billed by City on a quarterly basis for weekly barrier deployment for the Markets in arrears and reimbursements will be posted to the Bollard Deployment account 600646101.4368.0009.
COMMISSION OR COMMITTEE REPORT
Does not apply.
CITY ATTORNEY’S ANALYSIS
The referenced documents have been reviewed by the City Attorney and approved as to form.
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Prepared by: Julie Cook, Property Agent II
Reviewed by: Hamid Bahadori, Public Works Director
Submitted by: Jonathan Borrego, City Manager
ATTACHMENTS:
1. Staff Report
2. Amendment 2