Issued by the City Manager
REPORT TO MAYOR AND COUNCIL
NO: 10-324
Template rev. 12/08
Council Date: December 14, 2010
SUBJECT: Agreement Renewal with Sustainable Community Gardens for Property Located at 433 Charles Street
BACKGROUND
On January 10, 2006, City Council reviewed Report to Council No. 06-013, “Explore Locations for Community Gardens and Special Agreement with Sustainable Community Gardens.” The report noted the positive aspects of
community gardening and a positive relationship growing with a local gardening group, Sustainable Community Gardens (SCG). The City and SCG entered into a five-year agreement whereby the City provided the exclusive use of 433 Charles Street for the purpose of community gardening, and SCG was responsible for the design, construction, operation and maintenance of the community gardens. The current five-year agreement will expire on January 29, 2011. Recently, the Executive Director of the SCG approached staff with a request to extend the agreement for another five years.
EXISTING POLICY
From the Open Space and Recreation Sub-element:
Policy 2.2.A.8. Support the acquisition or joint use through agreements with partners of suitable sites to enhance Sunnyvale’s open spaces and recreation facilities based on community need and through such strategies as development of easements and right-of-ways for open space use, conversion of sites to open space from developed use of land, and land-banking.
2.2.B.6. Leverage available resources by pursuing co-funded and/or cooperative agreements for provision and maintenance of programs, facilities, and services, in order to maximize benefits to the community. Partners may include, but are not limited to, school districts, non-profit groups,
governmental agencies and businesses.
2.2.B.1. Design programs to meet the needs of
residents, allowing for non-
resident participation as long as it does not take away fr om opportunities or
resources for residents.
2.2.C.2.
Support public and private efforts in and around Sunnyvale to acquire, develop and maintain open space and recreation facilities and services
for public use.
Attachment 4
Agreement Renewal with SCG for Property Located at 433 Charles Street December 14, 2010
From the Community Engagement Su b-Element
Policy B.1 - Encourage community involvement in the development and implementation of City and community activities, programs and services.
DISCUSSION
Sustainable Community Gardens (SCG) is a group of resident gardeners interested in organic, sustainable gardening to produce high-quality fruits, flowers and vegetables while educating the community about t he positive
aspects of this activity. The initial five-year agreement between the City and SCG contained several requirements of the group which have been met since the agreement began on February 1, 2006. The proposed new Agreement (Attachment A: Agreement between City of Sunnyvale and Sustainable Community Gardens) does not change these requirements in which the City provides:
• Exclusive use of a site for the purpose of community gardening; • Free use of a park building for monthly meetings;
• Free referrals to Sustainable Community Gardens in future Recreation Activity Guides;
• Review and approval of community gardens
design, layout and
construction specifications;
• Review and approval of all policies, rules, regulations, etc. for the operations of the community gardens, including garden plot assignment practices;
• Access to utilities at the site.
Consistent with the current agreement, Sustainable Community Gardens will continue to provide:
• All services associated with the operation and maintenance of the Charles Street Community Garden;
• Direct payment to Finance, Utilities Division, for utility consumption at
the site;
• Plans and design specifications for review by City;
• Non-profit community gardening services;
• Notice to gardeners of the five-year term of the agreement noting the specific date of termination;
• One copy of all garden plot assignment policies, by-laws, operating manuals, rules, regulations, etc. as approved by the Director of Community Services; and,
Attachment 4
Agreement Renewal with SCG for Property Located at 433 Charles Street December 14, 2010
• A yearly report that notes the number of plots in use, total numbers of gardeners participating for the previous year, their age groups, neighborhoods of residence, and the hours of educational instruction provided for the community.
At the time the original agreement was developed, the City was hesitant to commit to tying up the land behind the Sunnyvale Office Center for five years, given the City's interest in using the site for a new library or City Hall renovation project. Because of this, the agreement did not limit the City’ s
ability to use the property for a different purpose (even within the 5-year agreement), so long as it provided 180 days notice to the Garden group. This provision remains in the proposed agreement and continues the requirement that SCG take responsibility for making sure that member gardeners know the agreement terms.
FISCAL IMPACT
There is no fiscal impact to renew the current agreement with Sustainable Community Gardens for another five years. However, a potential fiscal impact that was noted in the report in 2006 and still applies today is that an opportunity cost is created by having the Community Gardens on City-owned parcels that could be available for other uses including revenue generation through sale. This opportunity cost was estimated to be $6,700,000 in 2006.
Today thi
s parcel of land, which is zoned for office use, is still valued at the same amount it was in 2006.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official- notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the
agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk, Senior Center, Community Center, Department of Community Services Administration, and on the City's Web site.
A copy of this report was also provided to Rebecca Jepsen, Executive Director of Sustainable Community Gardens.
Notice of Commission and Council meetings regarding this report were also distributed to the “Friends of Parks and Recreation” email list (a list of organizations and individuals who have expressed an interest in Parks and Recreation issues).
The Parks and Recreation Commission conducted a public hearing on this item at its meeting on November 10, 2010.
Attachment 4
Agreement Renewal with SCG for Property Located at 433 Charles Street December 14, 2010
ALTERNATIVES
1. Approve renewal of the agreement with Sustainable Community Gardens fo r the operation and maintenance of the Charles Street Community Gardens for another five years consistent with Attachment A and authorize the City Manager to enter into the agreement on behalf of the City.
2. Approve renewal of the agreement with Sustainable Community Gardens fo r the operation and maintenance of the Charles Street Community Gardens with modifications to Attachment A as determined by Council, and authorize the City Manager to enter into the agreement on behalf of the City.
3. Do not approve renewal of the agreement with Sustainable Community Gardens for the operation and maintenance of the Charles Street Community Gardens.
RECOMMENDATION
Staff recommends approval of Alternative 1: Approve renewal of the agreement with Sustainable Community Gardens for the operation and maintenance of the Charles Street Community Gardens for another five years consistent with
Attachment A and authorize the City Manager to enter into the agreement on behalf of the City.
The working relationship between the City and the Sustainable Community Gardens group, as well as the on-going programming and maintenance of the Charles Street Gardens, has progressed very smoothly since the gardens first
opened in the fall of 2006. The gardens are a benefit to the Sunnyvale community not only by providing garden plots to Sunnyvale residents, but also by the educational classes that are open to all residents and the donations of fresh fruits and vegetables from the gardens to assist local food programs for low-income residents. (Attachment B: FY 2009/2010 Annual Report for Charles Street Gardens.) By extending the agreement another five years until January 30, 2016, the Community Garden program could continue to operate and the provisions that either party can terminate the agreement with 180 days notice would remain in place.
The Parks and Recreation Commission reviewed a draft of this report at its meeting on November 10, 2010, and voted 4-0 to recommend that Cit y Council
accept staff’s recommendation Alternative No. 1: Approve renewal of the agreement with Sustainable Community Gardens for the operation and maintenance of the Charles Street Community Gardens for another five years and authorize the City Manager to enter into the agreement on behalf of the City. (Attachment C: Excerpt from Draft Minutes of the November 10, 2010, Parks and Recreation Commission Meeting)
Attachment 4