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agenda-report FIVE-YEAR LICENSE AGREEMENT WITH FRIENDS OF HEIRLOOM FLOWERS GARDEN CLUB FOR USE OF SHINN HISTORICAL PARK AND ARBORETUM - Authorize the City Manager or her Designee to Execute a Five-Year License Agreement with Two Five-Year Renewal Options with Friends of Heirloom Flowers Garden Club for Use of Shinn Historical Park and Arboretum and Find this Action is Exempt from CEQA Review

Fremont City Council
December 12, 2023

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agenda-report FIVE-YEAR LICENSE AGREEMENT WITH FRIENDS OF HEIRLOOM FLOWERS GARDEN CLUB FOR USE OF SHINN HISTORICAL PARK AND ARBORETUM - Authorize the City Manager or her Designee to Execute a Five-Year License Agreement with Two Five-Year Renewal Options with Friends of Heirloom Flowers Garden Club for Use of Shinn Historical Park and Arboretum and Find this Action is Exempt from CEQA Review
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December 12, 2023
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Fremont City Council
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Fremont City Council Meeting: 12/12/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5055) DOC ID: 5055
Updated: 12/5/2023 4:40 PM by Susan Gauthier Page 1

FIVE-YEAR LICENSE AGREEMENT WITH FRIENDS OF HEIRLOOM FLOWERS

GARDEN CLUB FOR USE OF SHINN HISTORICAL PARK AND ARBORETUM - Authorize the City Manager or her Designee to Execute a Five-Year License Agreement with Two Five-Year Renewal Options with Friends of Heirloom Flowers Garden Club for Use of Shinn Historical Park and Arboretum and Find this Action is Exempt from CEQA Review
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 Friends of Heirloom Flowers Garden Club for use of Shinn Historical Park and Arboretum, including the Shinn Cottage, for the general purpose of providing care and maintenance of the rose garden and other specific garden areas through volunteer efforts, public enrichment and education, and providing support of ongoing sustainable operations.

BACKGROUND: Friends of Heirloom Flowers Garden Club (Garden Club) is a California non-profit organization that has provided stewardship of the Shinn Historical Park and Arboretum gardens since 1995.

On December 1, 2013, the City entered into a five-year agreement with a five-year renewal option with the Garden Club to facilitate the its use of Shinn Historical Park and Arboretum (Park) to provide care and maintenance of the gardens through volunteer efforts and support of on-going sustainable operations. In 2018, the City and Garden Club continued with a five-year renewal option and the current agreement expires December 2023.

Staff supports the Garden Club’s proposal to continue its volunteer activities in the Park and is recommending a license agreement between the Garden Club and City for a five-year term with two five-year renewal options.

DISCUSSION/ANALYSIS: The City of Fremont has enjoyed a positive working relationship with the Garden Club for almost 30 years.

The Garden Club has been instrumental in supporting the Shinn Historical Park and Arboretum, including caring and maintaining the historic gardens and conducting historical tours for visitors to the park. The Garden Club provides historical education of the Shinn family who arrived in the area in 1856 and lived in the small Shinn Cottage until the Shinn Historical House was completed in 1876. The Garden Club tours educate the community about the significance of the gardens that were laid out by the children and cousin of the Council Staff Report (ID # 5055) Meeting of December 12, 2023 Updated: 12/5/2023 4:40 PM by Susan Gauthier Page 2
original Shinn family. The Garden Club’s volunteer efforts allow community members and visitors to immerse themselves in the natural world of gardening, botany and horticulture.

The proposed five-year term through 2028 and the two five-year renewal options up to 2038 will enable the long-standing partnership between the City and the Garden Club to continue in support of the benefits provided by the volunteers of the Friends of Heirloom Flowers Garden Club.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW:

The approval of a license agreement for historic educational docent-led walks, tours and programs, public education, and field trips and maintaining the historical gardens with the Garden Club is exempt from the requirements of the California Environmental Quality Act (CEQA) because without limitation, each on a separate and independent basis, the license is not a “project” as defined in CEQA Guidelines Section 15378(b)(5) as the license will not result in direct or indirect physical changes in the environment as the use of the Park by the Garden Club will not have an impact on the environment and as it can be seen with certainty that there is no possibility that the license may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3).

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a license agreement with the Friends of Heirloom Flowers Garden Club for use of Shinn Historical Park and Arboretum for a five-year period through 2028, with the option to renew for two additional five-year periods through 2038.

2. Find the license agreement is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061 and 15378.

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