CC - Item 7E - License Agreement - 3212, 3220, 3224 and 3232 Del Mar Avenue for Use as a Second Community Garden Use S E M F
ROSEMEAD CITY COUNCIL
STAFF REPORT
1CIVIC PRIDE
PM 7
RPVORATE
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM:
FROM: GLORIA MOLLEDA, CITY MANAGER ai.1"
DATE: JUNE 11, 2019
SUBJECT: LICENSE AGREEMENT—3212,3220,3224 AND 3232 DEL MAR AVE
SUMMARY
At the January 2018 City Council meeting, Council Member Ly requested that staff study the
option for putting to recreational use privately-owned vacant lots, benefitting the community, on
a temporary basis. The use of vacant lots would activate the idle properties for public good until
such time the lots are developed by the owners. On March 6, 2018, staff brought to the Parks
Commission a proposal for Rosemead's first community garden on a vacant lot at 8828 Glendon
Way. Upon review and discussion, the Commission unanimously supported the project and
made a recommendation to the City Council for construction of the temporary community
garden. At its meeting on April 24, 2018, the City Council approved a license agreement with
the property owner, and on January 19, 2019 the garden was completed, and a grand opening
ceremony was held. The opening of the garden was successful with all 26 plots reserved and
four people on the waiting list. Staff has received more interest in the garden, but once possible
customers are told of the waiting list their interest is lost.
Staff has identified another potential location for the 2nd temporary community garden, located
at 3212, 3220, 3224 and 3232 Del Mar Avenue, north of Emerson Place. The property owner
has agreed to license the lot to the city for a period of one year, the term will automatically
extend on a month-to-month basis thereafter. A License Agreement has been negotiated and is
presented to the Council for consideration. Upon Council's approval to execute the agreement
and procure site control.
DISCUSSION
The properties located at 3212, 3220, 3224 and 3232 Del Mar Ave (aerial attached) are currently
vacant and owned by Jenny Yan Yam and May Yam. The owners have no plans to develop the
property at this time and are agreeable to allow the City to use the property for a garden. The
vacant property is approximately 1.25-acre (54,810 sq. ft.) in area, which is roughly double the
size of the current garden. The land will be decommissioned and leveled with minimal effort to
its original condition, and maintenance of the property may be assumed by participants of the
garden.
AGENDA ITEM NO. 7.E
City Council Meeting
June 11,2019
Page 2 of 3
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The proposed License Agreement is a period beginning on the effective date through the period
of one year, and will be automatically extended on a month-to-month term for a fee of$1.00 for
the term of the license. Either party may terminate the Agreement with a 30-day notice, which
would allow the property owners to re-secure the property when a development project is ready
to proceed. Conversely, the City may relinquish the property with a 30-day notice should the
City no longer wish to utilize the property for a community garden.
On March 5, 2019, staff presented the temporary community garden proposal to the Parks
Commission. The Parks Commission was unanimously supportive of the community garden
concept and the 3212, 3220, 3224 and 3232 Del Mar Ave locations. The Commission were
supportive of the 2nd community garden and the proposed location.
STAFF RECOMMENDATION
It is recommended that Council authorize the City Manager to execute a License Agreement with
Jenny Yon Yam and May Yam for a community garden use of a property located at 3212, 3220,
3224 and 3232 Del Mar Ave, Rosemead, CA 91770 (APN 5287-020-033, 034, 036& 038).
City Council Meeting
June 11,2019
Page 3 of 3
FISCAL IMPACT
One Dollar ($1.00) for the term of the License Agreement. Improvement costs are to be
determined and presented at a later date.
STRATEGIC PLAN IMPACT
None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
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Tom B ec 'ng, Director of P and Recreation
Attachments: A License Agreement
Attachments: B Parks Commission March 5, 2019 Minutes
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Attachment A
License Agreement
LICENSE AGREEMENT
(Community Garden)
This License Agreement for community garden ("Agreement") is effective
as of , 2019 ("Effective Date"), and is between THE CITY OF
ROSEMEAD, a California municipal corporation and general law city ("Licensee" or "City"),
and Jenny Yan Yam and May Yam, private individuals("Licensor").
SECTION 1. Recitals. This Agreement is entered into with respect to the following facts:
1.1 Licensor is owner of certain real property located within the City of Rosemead,
with an addresses of 3212, 3220, 3224, and 3232 Del Mar Avenue, Rosemead
CA, APN 5287-020-033, 034, 036, & 038, and depicted on the attached Exhibit A
("Property").
1.2 Licensor wishes to grant Licensee a license to use the Property for community
garden-related uses, including educational events and workshops related to
sustainable gardening practices, according to the terms discussed in this
Agreement.
SECTION 2. Grant of License.
2.1 Grant of License. Licensor grants to Licensee an exclusive license ("License") to
use the Property for the purpose of operating a community garden ("Garden").
Licensee may install and maintain improvements on the Property reasonably
related to the operation of such a Garden, including, but not limited to, fencing,
planter boxes, and water delivery systems (e.g., irrigation).
2.2 Improvements. Licensee may make improvements to the Property at its sole
cost.
2.3 Fee. As consideration for the License, Licensee will pay Licensor $1.00 for the
Term of the License.
SECTION 3. Expenses.
3.1 Utilities. Licensee has sole responsibility for obtaining and paying for all water,
electricity, heat, sewage, storm sewer, or any other utility service used on the
Property during the License term.
SECTION 4. Insurance.
4.1 Licensee will obtain public liability and property damage insurance which names
the Licensor as additional insureds, and covers Licensee obligations under
this Agreement in an amount not less than $1,000,000.
SECTION 5. Term and Termination.
5.1 Term. Subject to the provisions of this Section 5 regarding early termination, the
term of this Agreement will be for a period beginning on the Effective Date
through for a period of one (1) year (365-days). Thereafter, the term will be
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automatically extended on a month-to-month basis, until termination of the
Agreement.
5.2 Termination. Either party may terminate this Agreement, effective after 30 days'
prior notice. Upon termination of this Agreement and the request of Licensor,
Licensee agrees to remove all Improvements as directed by Licensor and restore
the Property to its original condition as of the Effective Date, reasonable wear
and tear excepted.
SECTION 6. Indemnification.
6.1 Licensee will indemnify, defend, protect and hold harmless Licensor from and
against, any and all liabilities, claims, actions, causes of action, proceedings,
suits, damages, judgments, liens, levies, costs and expenses of whatever nature,
including reasonable attorneys' fees and disbursements (collectively, "Claims"),
which may arise or otherwise occur as a result of the Improvements or
Licensee's use of the Property under this Agreement, including the installation,
maintenance, repair or removal of any of the Improvements, except to the extent
that any such Claims are related to the negligence or willful misconduct of
Licensor, its agents, or employees.
SECTION 7. Notices. Any notice required to be given under this Agreement must be given by
personal service or by deposit of the notice in the custody of the United States
Postal Service or its successor, first class postage prepaid, addressed to the
party to be served as follows:
Licensee: City of Rosemead
Attention: City Manager
8838 E Valley Blvd,
Rosemead, CA 91770
Licensor: Jenny Yan Yam
May Yam
421 N. Pine Street
San Gabriel, CA 91775
The parties may designate alternate persons to receive notice on their behalf as
necessary. Notices will be deemed given as of the date of personal service, or
three days after deposit of the notice in the custody of the Postal Service.
SECTION 8. General Provisions.
8.1 Authority to Execute. Each party represents and warrants that all necessary
action has been taken by such party to authorize the undersigned to execute this
Agreement and to bind it to the performance of its obligations.
8.2 Binding Effect; Assignment. This Agreement is binding upon the heirs, executors,
administrators, and successors of the parties. This Agreement is personal and
may not be assigned except to a successor in interest of the respective party.
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8.3 Modification of Agreement. No amendment to or modification of this Agreement
will be valid unless made in writing and approved by both parties. The parties
agree that this requirement for written modifications cannot be waived and that
any attempted waiver will be void.
8.4 Waiver. Waiver by any party of any term, condition, or covenant of this
Agreement will not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement will not
constitute a waiver of any other provision, or a waiver of any subsequent breach
or violation of any provision of this Agreement.
8.5 Interpretation. This Agreement will be interpreted, construed, and governed
according to the laws of the State of California. Each party has had the
opportunity to review this Agreement with legal counsel. The Agreement will be
construed simply, as a whole, and in accordance with its fair meaning. It will not
be interpreted strictly for or against either party.
8.6 Severability. If any term, condition, or covenant of this Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this Agreement will not be affected
and the Agreement will be read and construed without the invalid, void or
unenforceable provision.
8.7 Venue. In the event of litigation between the parties, venue in state trial courts
will be in the County of Los Angeles. In the event of litigation in a U.S. District
Court, venue will be in the Central District of California, in Los Angeles.
8.8 Counterparts. This Agreement may be executed in one or more counterparts,
each of which is deemed an original and all of which will be taken together and
deemed to be one instrument. Transmission by fax or PDF of executed
counterparts constitutes effective delivery
8.9 Entire Agreement. This Agreement, including the attached Exhibit A, is the final
and exclusive expression of the parties with respect to the matters addressed in
this Agreement and supersedes all other agreements or understandings, whether
oral or written, between the parties before the execution of this Agreement.
[Signatures on the following page.]
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THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF THE PARTIES have caused
this Agreement to be executed as follows:
LICENSEE: CITY OF ROSEMEAD
By:
Gloria Molleda, City Manager
ATTEST:
Ericka Hernandez, City Clerk
LICENSOR:
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By:
Cites
Name &Title: Jenny Yan Yam
By: v` (OWVi-evZ
Name& Title: Ma Y67""-----
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EXHIBIT A
Description and depiction of Property
Address: 3212, 3220, 3224, and 3232 Del Mar Avenue, Rosemead CA
APN: 5287-020-033, 034, 036, & 038
Legal Desc.: *TR=1276*N 85 FT OF W 175 FT (EX OF ST) OF LOT 2
*TR=1276*LOT (EX OF ST) COM AT SW COR OF LOT 1 TH N 0¢27'10" W
64.33 FT TH N 89¢ 55'50" E 140 FT TH N 0¢27'10" W 50 FT TH E AND
FOLLOWING BDRY LINE OF SD LOT TO BEG POR OF LOT 1
*TR=1276*N 50 FT OF W 140 FT (EX OF ST) OF LOT 1
*TR=1276*W 135 FT (MEASURED AT R/A TO W LINE) (EX OF ST) OF LOT 6
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Attachment B
Parks Commission Minutes of March 5, 2019
MINUTES OF THE ROSEMEAD PARKS COMMISSION
REGULAR MEETING
MARCH 5,2019
The regular meeting of the Rosemead Parks Commission was called to order by Chair Tocki at
6:59 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard,
Rosemead, California.
PRESENT: Chair Tocki,Vice-Chair Ruvalcaba, Commissioners Lin and Morten
ABSENT: Commissioner Ly
PLEDGE OF ALLEGIANCE was led by Commissioner Morten
INVOCATION was led by Commissioner Lin
1. PUBLIC COMMENTS FROM THE AUDIENCE - None
2. CONSENT CALENDAR
A. Approval of minutes—June 6, 2018
Chair Tocki motioned the approval of the meeting notes at 7:04 p.m.
ACTION: Moved by Vice-Chair Ruvalcaba and seconded by Commissioner
Morten to approved the Parks Commission Minutes of June 6,2018:Motion carried
by the following vote: AYES: Lin,Morten,Ruvalcaba and Tocki
3. MATTERS FROM STAFF
A. Vacant Property-Second Community Garden
The first temporary community garden opened on January 19, 2019, with all 26
plots being reserved and waiting list established. Additional inquiries were
received for plots; however, residents lost interest once informed that plots were
full. A second community garden is being proposed with a potential location at
3212, 3220, 3224, 3232 Del Mar Avenue, North of Emerson Place. Director of
Parks and Recreation Boecking asked for feedback from the commission prior to
taking the matter to council in which he will request funds to build the garden.
Vice-Chair Ruvalcaba asked whether the funding for the first garden covered all
costs as well as the availability of existing reserves to cover the cost of
maintenance and repairs.
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Director of Parks and Recreation Boecking responded that money was set aside in
a capital improvement project specifically for the community garden of$25,000
and he would be confirming with the commission on whether all costs were
covered. Also, a request for funds was made to be allocated to the community
garden pending council's approval of the budget. This year's budget does not
include funding for maintenance and repairs of the garden,but has been proposed
for next year.
Commissioner Morten asked when the garden would be opening.
Director of Parks and Recreation Boecking mentioned it would be tentative for
next year;however,would need to be approved by council before setting an actual
opening date.
Chair Tocki inquired whether all four sites would be used.
Director of Parks and Recreation Boecking stated all four sites would be needed
and would include more plots and parking.
Commissioner Morten asked if there was a water source at the location.
Director of Parks and Recreation Boecking answered with a yes.
Commissioner Chen stated that his understanding of the current community
garden is that there is room to expand and asked if details could be shared
regarding the negotiations with the owners.
Director of Parks and Recreation Boecking shared that the lease agreement on the
garden on Glendon Way is month to month. The proposed lease agreement with
the property on Del Mar would be for a year at$1.00 and thereafter on a monthly
basis. The owners do not want to develop at this time.
Chair Tocki asked cost wise,if there was an estimate for how much council would
be asked for.
Director of Parks and Recreation mentioned it would be for $40,000 and the
project would be double the size of the current garden.
B. Monthly Parks & Recreation Department Review
Director of Parks and Recreation Boecking mentioned he would be giving a
monthly department update with highlights of events and programs.
The aquatics programs are booming. The Splash Zone will remain closed until the
summer. The Rosemead High School Swim team is using the Rosemead Aquatic
facility and will do so until the end of their season. The Aqua Fit classes have begun
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and will continue until May 3`d. The swim team has over 100 participants. There
were 7 participants in the CPR training course with all passing.
The senior programs are also going well with the Sweethearts Jamboree being held
last month February 9th with over 160 seniors in attendance. The activities included
bingo, lunch and dancing with special guest Senator Susan Rubio whom presented
awards. In February two movies were shown and seniors participated in arts and
crafts.
The youth basketball league kicked off in January with a total of 14 teams and 124
participants of boys and girls ages 6-14. Camp Rosemead concluded in January
with 22 participants and featured games,arts and crafts,sports,science experiments
and excursions. Two Spring break camps will take place on April 8-12 and 22-26.
The basketball clinic services youth ages 6-14 and introduces the fundamentals of
the sport. Youth ages 3-5 learn to play basketball in the Start Smart program.
The Easter Eggstravaganza will be held on April 20th at Garvey Park. The Civic
Pride Day will be taking place on Saturday, May 4th. The Parks Commission is
invited to attend and contact Natalie from the City Clerks division if they are
interested.
Vice-Chair Ruvalcaba asked whether flyers for programs and events were being
sent to the nearby schools.
Director of Parks and Recreation Boecking stated that flyers have been sent out.
4. MATTERS FROM COMMISSION
A. Commission Comments
Chair Tocki asked if the commission could be given an update regarding the
Edison properties during the next meeting. Chair Tocki clarified that he proposed
different properties for joint usage agreement and vacant land.
Vice-Chair Ruvalcaba commented that she has heard that people are sad about the
cancellation of the yard sale and asked about a reschedule date.
Director of Parks and Recreation Boecking announced that it cannot be
rescheduled this year,but a rainout date will be planned for next year.
Vice-Chair Ruvalcaba inquired about an update on the dog park.
Director of Parks and Recreation Boecking mentioned he did not have an update,
but will be bringing it for the next meeting.
Chair Tocki asked for an update regarding the grant for the dog park.
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Director of Parks and Recreation Boecking mentioned he would report on it for
the next meeting.
Commissioner Lin requested the status of the Farmers Market and whether the
location would be changing. He also mentioned that residents have brought up
concerns about public safety at the parks and requested to have someone from
public safety speak to the committee on addressing the issues.
Director of Parks and Recreation Boecking mentioned that those inquiries can be
directed to him.
Commissioner Morten mentioned she has received many complaints regarding
Rosemead Parks' restrooms and would like to know if it is being dealt with.
Director of Parks and Recreation Boecking stated improvements have been made.
The restrooms were painted and the doors and locks are being fixed. A proposal
has also been made for next year's budget.
Vice-Chair Ruvalcaba requested a reminder for the Civic Pride Day and the
Easter Eggstravaganza and offered help with a booth.
Commissioner Morten mentioned that the rules for the garden state that gardens
can only be watered three times a week,but will require more watering in the
summer and asked for a revision.
Commissioner Lin asked whether a class can be held providing gardening tips.
Commissioner Morten commented that there are master gardeners that will
conduct free classes and would be good to look into.
Deputy City Clerk Natalie Haworth announced that during Civic Pride Day, there
will be an educational portion with planting and learning.
5. ADJOURNMENT
The meeting adjourned at 7:29 p.m. The next Parks Commission meeting will be held on
Tuesday,April 2, 2019 at 7:00 p.m. in the Council Chambers.
Jennifer Pineda,Administrative Specialist
APPROVED:
William Tocki,Chair
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