Fremont City Council Meeting: 07/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4959) DOC ID: 4959
Updated: 7/12/2023 9:55 AM by Alberto Quintanilla Page 1
FIVE-YEAR LICENSE AGREEMENT WITH MATH SCIENCE NUCLEUS FOR USE OF THE CALIFORNIA NURSERY HISTORICAL PARK - Authorize the City Manager or her Designee to Execute a Five-Year License Agreement, with Two Five-Year Renewal Options, with Math Science Nucleus for the Use of the California Nursery Historical Park and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).
Contact Persons:
Name: Irene Jordahl Suzanne Wolf
Title: Recreation Superintendent II Community Services Director Div/Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4329
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this item is to recommend that the City Council authorize the City Manager or designee to execute a five-year license agreement, with two five-year renewal options, with Math Science Nucleus (MSN) for use of portions of the California Nursery Historical Park (Park) for the general public purpose of providing historic educational docent-led walks, tours and programs, public education, field trips, museum exhibits, volunteer efforts, historical preservation, awareness of community resources, and support of ongoing operations.
BACKGROUND: MSN has been instrumental in providing support of the historic display gardens tended by volunteers who have worked on the display garden areas since 1994 and historic educational programs and opportunities to the community.
On April 4, 2012, the City and MSN executed an agreement, including specified restoration, stewardship and educational activities at the Park, as well as, organizing and preserving the vast collection of documents and photos, including documentation of the Vallejo Adobe in the 1930’s and its beginnings in the 1830’s.
In 2014, MSN began designing school field trips with the Fremont Unified School District (FUSD) to work with FUSD’s curriculums. MSN continued the historical preservation, educational understanding and stewardship of the Park. The City granted MSN access to the Park for these and similar purposes extending this arrangement through February 2016.
In December 2017, the City Council adopted a Master Plan for the Park. The Master Plan outlines the many purposes of the Park, including to provide a place for passive recreation use for the community; telling the story of the California Nursery Company to current and future generations through the sharing of the historic buildings, arboricultural resources, and display of the preserved artifacts and documents; and chronicling the history and Council Staff Report (ID # 4959) Meeting of July 18, 2023 Updated: 7/12/2023 9:55 AM by Alberto Quintanilla Page 2 operations as a supplier of fruit and nut trees, hybridized plant varieties, ornamental shrubs and hundreds of varieties of roses, as well as the addition of the retail operation.
MSN has been a partner throughout the California Nursery Historical Park Master Plan process and continues to use the Park on a month-to-month basis until September 2022.
On September 9, 2022, the City entered into a one year license agreement with MSN to facilitate MSN’s use of the Park for the purpose of providing historic educational docent-led walks, tours and programs, public education, field trips, exhibits, volunteer efforts, historical preservation, awareness of community resources, and support of on-going operations for future generations.
Staff supports MSN’s proposal to continue its activities in the Park and is recommending a license agreement between MSN and City for a five-year term with two five-year renewal options that may extend the relationship through 2038.
DISCUSSION/ANALYSIS: The City of Fremont has enjoyed a positive working relationship with MSN for many years. MSN has been a physical presence at the Park managing the California Nursery Garden Club, providing scout programs and Hoot Owl tours, providing archiving of historical documents and photographs and sharing the historical and unique nature of the Park with the public.
MSN continues to provide volunteer efforts, historical preservation, awareness of community resources, and support of on-going operations and beginning in the fall 2023, will provide educational field trips to FUSD and other schools and organizations outlining core areas of the Park and sharing the historical significance of the Park.
MSN and the California Nursery Garden Club will continue to offer community workshops and provide volunteer opportunities to preserve, maintain and restore the display gardens, and preserve the cultural heritage of the nursery, so generations to come will have an authentic visual connection to the people who made this nursery landscape.
The five-year term specified in the proposed agreement – and two, five-year renewal options – will enable the long-standing partnership between the City and MSN to continue in support of the benefits provided by the volunteers and staff of MSN.
FISCAL IMPACT: None
ENVIRONMENTAL REVIEW:
The approval of a license agreement with MSN is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:
1) Section 15061 (Review for Exemption) in that the activity is covered by the common- sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the license Council Staff Report (ID # 4959) Meeting of July 18, 2023 Updated: 7/12/2023 9:55 AM by Alberto Quintanilla Page 3 agreement is for historic educational docent-led walks, tours and programs, public education, and field trips that will not have an impact on the environment.
2) Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) in that the proposed project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified. Per CEQA Guidelines §15162 and §15163, none of the circumstances requiring calling for the preparation of a subsequent or supplemental EIR have occurred. Here, the license agreement contemplates using the Park for the same uses designated in the General Plan.
3) Section 15378 (Project) in that the requested license agreement with MSN will not result in direct or indirect physical changes in the environment as the use of the Park by MSN will not have an impact on the environment.
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute a license agreement with Math Science Nucleus providing for use of portions of the California Nursery Historical Park for a five-year period through 2028, with the option to renew for two additional five- year periods that could extend the agreement through 2038.
2. Find that the license agreement is exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15061, 15183, and 15378.