City of Sunnyvale
Agenda Item
22-0022 Agenda Date: 2/9/2022
REPORT TO PARKS AND RECREATION COMMISSION
SUBJECT
Approval of New Agreement Between City of Sunnyvale and Sustainable Community Gardens for Operation and Maintenance of the Community Gardens Located at 433 Charles Street
BACKGROUND
On January 10, 2006, City Council reviewed “Explore Locations for Community Gardens and Special Agreement with Sustainable Community Gardens” (RTC No. 06-013) (Attachment 2). 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 (Attachment 3) for the purpose of community gardening, and SCG was responsible for the design, construction, operations, and maintenance of the community gardens. Council renewed the Agreement on December 14, 2010 for an additional five years (RTC No. 10-324) (Attachment 4). The last three-year agreement (RTC No. 15-1095) (Attachment 5) expired on August 8, 2019. The proposed agreement (Attachment 6) is for an initial term of five-years with up to five one-year extensions (for a total term of up to ten years) upon the approval of the City Manager.
EXISTING POLICY
General Plan - Community Character -
CC-10.6 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.
CC-10.1 Design programs to meet the needs of residents, allowing for nonresident participation as long as it does not take away from 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.
Community Engagement Sub-Element - Policy B.1 - Encourage community involvement in the development and implementation of City and community activities, programs and services.
City Council Policy 7.2.4.2 - It is the City’s policy to afford use of specific City facilities-during such times the City does not itself have use for said facilities- to outside groups and/or independent
Attachment 1
22-0022 Agenda Date: 2/9/2022
organizations. Outside groups and independent organizations using City facilities shall do so consistent with City policies on facility use and shall pay all required fees in accordance with established fee schedules.
ENVIRONMENTAL REVIEW
Entering into a new agreement to allow the community garden use to continue is not a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
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 the 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 relationship began on February 1, 2006.
The proposed new Agreement (Attachment 6) continues relevant provisions for the responsibilities of each party and makes clerical and administrative updates for organization and to meet current City standards. 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; and, · Access to utilities at the site.
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 and approval by City; · Non-profit community gardening services;
· One copy of all garden plot assignment policies, by-laws, operating manuals, rules, regulations, etc. as approved by the Director of Public Works; and, · 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.
The current proposed agreement is a five-year agreement with the potential for five one-year term extensions subject to the City Manager’s approval.
FISCAL IMPACT
Attachment 1
22-0022 Agenda Date: 2/9/2022
There is no fiscal impact to enter into a new agreement with Sustainable Community Gardens.
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 a one-time sale. This opportunity cost was estimated to be $6,700,000 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 and on the City's website.
ALTERNATIVES
1. Approve a new Five-Year Agreement with Sustainable Community Gardens for the operation and maintenance of the Charles Street Community Gardens and authorize the City Manager to execute the Agreement and to approve up to five one-year extensions of the term of the Agreement.
2. Approve a new Five-Year Agreement with Sustainable Community Gardens for the operation and maintenance of the Charles Street Community Gardens with modifications as determined by Council and authorize the City Manager to execute the Agreement.
3. Do not approve the five-year agreement with Sustainable Community Gardens for the operation and maintenance of the Charles Street Community Gardens.
STAFF RECOMMENDATION
Alternative 1: Approve a new Five-Year Agreement with Sustainable Community Gardens for the operation and maintenance of the Charles Street Community Gardens for five years and authorize the City Manager to execute the Agreement and to approve up to five one-year extensions of the term of the Agreement.
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 provide garden plots to Sunnyvale residents, and also provides a venue for educational classes that are open to all residents.
Prepared by: James Stark, Superintendent of Parks & Golf Reviewed by: Chip Taylor, Director, Public Works
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Reserved for Report to Council
2. Report to Council No. 06-013, January 10, 2006 (without attachments)
3. Location Map
Attachment 1
22-0022 Agenda Date: 2/9/2022
4. Report to Council No. 10-324, December 14, 2010 (without attachments)
5. Report to Council No. 15-1095, February 10, 2016 (without attachments)
6. Agreement Between City of Sunnyvale and Sustainable Community Gardens
Attachment 1