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HomeMy WebLinkAbout041222-03.2 STUDY STUDY SESSION MEMORANDUM 3.2 TO: Mayor and Town Council April 12, 2022 SUBJECT: Extension of the Encroachment Permit/Right-of Entry Agreement with the Pacific Coast Farmers’ Market Association BACKGROUND/DISCUSSION The Pacific Coast Farmers’ Market Association (PCFMA) has continuously operated the Danville Certified Farmers’ Market (DCFM) within the Railroad Avenue Municipal Parking Lot since 1990. Operation of the DCFM requires a Town-issued Encroachment Permit. Pacific Coast Farmers’ Market Association (PCFMA) is seeking a three-year renewal of the existing Encroachment Permit/Right-of-Entry Agreement (Attachment A). Town staff supports the renewal and recommends the following minor amendments be included in the operating agreement to strengthen language and formalize previous agreed upon modifications: 1. Danville-based businesses shall be moved to the top of the waitlist created by the PCFMA for non-agricultural booths. 2. All non-agricultural booths and artisan vendors shall be reviewed and approved by the Town of Danville. 3. Market categories shall be updated to include non-agricultural services that are a key component of the market activity. 4. If the Merchant at the Market program does not have Danville-based businesses signed-up, then a Danville Area Chamber of Commerce member can reserve a tabling date. The possibility of permitting alcohol sales at the market has been brought up on several occasions over the past few years. Through recent conversations with the PCFMA Town staff understands that it is not the market organizer’s preference to manage alcohol sales due to the complexity of the permits required. The PCFMA would be amenable to options that enhance market offerings if requested by the Town Council. If the Town Council wishes to pursue the sale of local beer and wine at the DCFM, Town staff will provide options that could be incorporated in the Agreement. Extension of the PCFMA Encroachment Permit 2 April 12, 2022 The Town is requesting feedback regarding proposed modifications to the operating agreement, as outlined above, and direction related to potential alcohol sales at the market. Prepared by: Lianna Adauto Economic Development Specialist Reviewed by: Jill Bergman Business & Economic Development Director Attachment: A – Encroachment Permit Exhibit 1 – 2022-2025 Operating Agreement Exhibit 2 – Map of Encroachment Permit – Permitted Area 2022-2025 ENCROACHMENT PERMIT/RIGHT OF ENTRY This Amended Encroachment Permit/Right of Entry (“Encroachment Permit”) is made and entered into as of April 3, 1990, and amended on May 1, 1993, December 6, 1994, February 21, 1995, April 20, 2004, May 16, 2006, March 2, 2010, March 31, 2013, April 12, 2016, May 4 2019, and May ___, 2022 by and between the TOWN OF DANVILLE (hereinafter the “Town”), a California municipal governmental corporation and the PACIFIC COAST FARMERS’ MARKET ASSOCIATION (hereinafter the “Association”), a California non-profit mutual benefit corporation. RECITALS 1.The Association exists for the purpose of developing, organizing, operating and managing “Certified Farmers’ Markets” (as such term is defined in Section 27512 of the California Health and Safety Code/Article 6.5, Title 3 of the California Administrative Code). 2.The Association desires to develop, organize, operate, maintain and manage a Certified Farmers’ Markets in the Town, on property owned and maintained by the Town for the benefit of and use by members of the general public. 3.Town desires to permit such use by the Association, provided that the public health, safety and welfare are not thereby impinged, diminished or adversely affected. 4.This Encroachment Permit is granted by the Town and accepted by the Association upon each and all of the conditions set forth herein, and by accepting the benefits hereof the Association agrees to fully perform and observe such conditions. PERMIT/RIGHT OF ENTRY 1.Permission is hereby granted for a period of three (3) years to the Association, subject to paragraphs 8 and 9 below, to enter and use a portion of the municipal parking lot located on the west side of Railroad Avenue as is located west of the Southern Pacific Railroad Depot at the north end of the Railroad Avenue Municipal Parking Lot, (hereinafter the “permitted area”), between the hours of 7:00 a.m. and 2:00 p.m., every Saturday, during the duration of the Permit/Agreement (see Exhibit 2 for “permitted area”). 2.Nothing in this Agreement precludes a Town event or other exhibition that might be scheduled in the downtown area during the hours of operation of the Association. The Association will be notified as soon as possible of any road ATTACHMENT A 2022-2025 Encroachment Permit 2 closures in the downtown or road closures that might affect the Association’s vendors. A suggested detour map, if needed, will be printed in the local newspapers the week before the Town event. In the event of a severe conflict of interest, either the Association or the Town has the right to cancel a Saturday morning market with a 45-day advance notice. 3. The use for which such Encroachment Permit is granted is the development, organization, operation, maintenance and management of a Certified Farmers’ Market in accordance with and pursuant to all applicable laws and regulations of the State of California, and for no other use or uses whatsoever. 4. The Association shall at all times observe and obey all applicable ordinances, resolutions, rules and regulations of the Town, and shall promptly obey each and all lawful orders given to it by the Town Manager or his/her named designee, any officers of the Danville Police Department for public safety purposes, or by any employee of the San Ramon Valley Fire Protection District or the Contra Costa County Health Department. 5. The Association shall, at all times during which this Permit remains valid and in effect, take out and maintain in full force and effect a policy or policies of public liability insurance for the death or injury of any person or persons resulting from or incidental to the use permitted hereby, in the amount of TWO MILLION DOLLARS ($2,000,000). The Town, its members, officers, agents and employees shall be named as an additional insured under such policy or policies. The Association shall, prior to the initiation of the use, permitted hereby, supply the Town with certified copies of such insurance policy or policies, or an acceptable certificate thereof, which policy, policies or certificate shall provide that the insurer shall give the Town thirty (30) days advance written notice prior to its cancellation of such policy or policies. 6. The Association agrees to indemnify, defend and hold the Town harmless from and against any and all claims, actions, causes of action or liability of any kind or nature whatsoever, for damages arising out of any injury to or death of any person or persons, or property of any kind and to whosoever it may belong, including the Town, on account of willful misconduct or negligent conduct on the part of vendors or other persons compensated by the Association at the Farmers’ Markets. 7. The Association shall keep and maintain the permitted area free and clear of any and all trash, refuse, garbage, debris or litter arising from or incidental to its use of the property as permitted hereby. The Association shall not commit, suffer to permit any waste on the permitted area. 2022-2025 Encroachment Permit 3 8. The location of this Encroachment Permit may be changed by the Town if deemed appropriate. The Association will be given no less than ninety (90) days advance written notice of the proposed change to a location approved by both parties. Distribution of any notice of change of location is the sole responsibility of the Association. The Town shall not be liable to the Association for any costs, expenses, fees, losses or damage of any kind or nature whatsoever on account of its exercise of the right reserved in this paragraph. 9. This Encroachment Permit may not be revoked except upon 45 days’ advance written notice to the Association and in such event the Association shall have the full right to complete and prepare an appeal of the revocation to the Town Council and that pending completion of such appeal, the Encroachment Permit shall remain valid and enforceable. 10. This Encroachment Permit may not be transferred or assigned to any other entity without the prior written consent of the Town. 11. No property right is granted hereby; notwithstanding the foregoing, the Association hereby knowingly waives and relinquishes any rights it may have or claim to have pursuant to California Government Code, Sections 7260 through 7277. 12. In accordance with Ordinance 96-10, alcohol sales and consumption are prohibited within Town public right-of-way (streets, sidewalks, parking lots, etc.). 13. Wherever the term “Pacific Coast Farmers’ Market Association” (PCFMA) is used herein, such term shall mean, be interpreted and include the Association its members and officers. 14. An “Operating Agreement” is attached hereto, marked Exhibit 1, and incorporated in full by this reference. Whenever a conflict arises between the terms of Exhibit 1 and this Encroachment Permit, the terms of this Encroachment Permit shall prevail. 15. Notices required hereby shall be deemed to have been fully given when served personally on the Association or the Town or when deposited in the United States mail, postage paid addressed as follows: 2022-2025 Encroachment Permit 4 To the Town: Town of Danville Attention: Business and Economic Development Director 510 La Gonda Way Danville, CA 94526 To the Association: Pacific Coast Farmers’ Market Association 5060 Commercial Circle, Suite #A Concord, CA 94520 Demonstrating our agreement with these provisions, we sign this document. TOWN OF DANVILLE PACIFIC COAST FARMERS’ MARKET ASSOCIATION By: By: _______________________________ Joseph A. Calabrigo Allen Moy Town Manager Executive Director Dated: Dated: 2022-2025 OPERATING AGREEMENT DANVILLE CERTIFIED FARMERS’ MARKET The Pacific Coast Farmers’ Market Association (PCFMA) agrees to operate the Danville Certified Farmers’ Market (CFM) in Danville, California. BACKGROUND The Town of Danville is located in the heart of the San Ramon Valley. Danville features a downtown shopping district offering customers an array of retail shops and restaurants. To further enhance the community, Danville has hosted a Farmers’ Market once each week since 1990, where local growers bring their farm-fresh produce into town. Shoppers enjoy purchasing vine/tree ripened fruit and vegetables, talking with the growers, meeting their neighbors, tasting heirloom and specialty varieties and picking up a new recipe. Pacific Coast Farmers’ Market Association The Association, a non-profit, mutual benefit corporation dedicated to “Bringing the Farm-to-the-City,” operates other Certified Farmers’ Markets in the San Francisco Bay Area. With a grower organization of over 200 farms throughout California, PCFMA is able to integrate Certified Farmers’ Markets into city and regional centers and retail shopping districts. This exciting concept in food shopping gives consumers the opportunity to shop for fresh fruit and vegetables while visiting the Downtown. Certified Farmers’ Markets In 1979, the California Department of Food and Agriculture developed a program to authorize and encourage direct marketing of farm products to consumers through Farmers’ Markets, U-Pick, Roadside stands, etc. The Food and Agricultural Code was amended to regulate the operation of CFM’s. Under these regulations, county agricultural commissioner verify that growers sell only the products they grow. No one is allowed to buy products and resell them at CFMs. Only California-grown products may be sold. A grower with a certificate from any county in California may sell at any CFM in the state provided there is space to accommodate them. Exhibit 1 2022-2025 Operating Agreement 2 GENERAL PLAN The Town of Danville agrees to sponsor a Certified Farmers’ Market in Danville. The Pacific Coast Farmers’ Market Association (PCFMA) will continue to operate a Certified Farmers’ Market (CFM) according to this General Plan: 1. Market Development A. Site Plan and Development 1. The market space is located west of the Southern Pacific Railroad Depot at the north end of the Railroad Avenue Municipal parking lot (see Exhibit 2 map). 2. An analysis of traffic flow and parking accessibility and availability for optimal operation of the CFM while creating visits to Danville’s “Old Town” will continue to occur by the PCFMA and Town of Danville, with adjustments made as necessary. 3. Organization Structure and Management. 4. PCFMA Board Members. 5. Implement action plan that will mutually benefit the Town of Danville and the CFM. 6. Employ CFM Manager. 7. Modify rules and regulations for the market with reservation and seniority policy. B. Grower Recruitment and Coordination 1. Inform association members and recruit growers to yield number of growers per market day that will provide a variety of quality agricultural products. Recruit local fishermen to sell their “catch-of-the-day” directly to consumers. 2. Operations and Management A. Train and supervise management of the Danville CFM. B. Enforce state and local agricultural and health regulations. Serve as on-going liaison with county agricultural commissioner. 2022-2025 Operating Agreement 3 C. Assure adherence to market rules and regulations, product quality, set-up and clean up procedures. Perform and monitor site clean-up. Obtain feedback from property management to assure adherence to the Town of Danville’s guidelines. D. Market Day Systems: signage, information booth, Merchant at the Market booth, Town Council booth, customer relations, and grower coordination. E. Secure insurance: Provide copies of insurance policy to the Town of Danville each year. F. Non-Agricultural Restrictions: 1. The CFM non-agricultural sellers will not exceed on average 25% of all vendors, except during the months of October through April, the percentage may be increased from 25% to 35%. 2. Priority shall be given to Danville-based businesses for non-agricultural booths before outside vendors. 3. Interested Danville-based businesses shall be placed at the top of non- agricultural waitlists for the Danville CFM. 4. Market categories are as follows: Agricultural Non- Agricultural Products Services Fruits Nuts/Nut Butter Vegetables Nursery Stock Cut Flowers Eggs Honey Farm Raised Fish Oils/Olives Pesto/ Jams/Jellies Beans Cheese/Dairy/Butter Ocean Fish and Shellfish Bakery/Confectioner Products Organic Meat/Sausage Specialty Drinks Coffee/Tea/Water Granola/Baked Goods Pasta/Sauces Prepackaged Foods Prepared Food Market Tote Bags Baskets Kitchen Wares Market Information Booth Town Council Booth Two Merchant Booths Musical Entertainment Knife Sharpening 5. All products sold at the Danville CFM must be produced by the vendor. Buying and reselling of product is not permitted. Non-agricultural products 2022-2025 Operating Agreement 4 are juried by the Pacific Coast Farmers’ Market Association’s Board of Directors on a yearly basis. 6. Artisan vendors are defined under the non-agricultural category and may be permitted at the Danville CFM, provided products are ancillary to agricultural market products and do not directly compete with local businesses. Artisan vendors shall be approved by the Town of Danville. 7. The weekly market report will state the number of non-agricultural vendors, merchant booth, and attendance information. G. Merchant at the Market Program & Government Organizations: Guidelines for the Merchant at the Market Program are as follows: 1. The business must be located in Danville Town limits. 2. The business must possess a valid Town business license. 3. Goods or services provided must be non-agricultural. 4. Businesses can only sell products that they sell in their store. 5. No alcohol is permitted. 6. Vendors selling food items shall obtain all necessary health permits and abide by all health department regulations. 7. Liability waiver and proof of insurance must be provided by merchant or sponsoring merchants’ group. 8. The booth shall be located in the non-agricultural section of the market. 9. PCFMA shall provide one table and one tablecloth for each Merchant at the Market Program booth. The Merchant shall provide a 10 x 10 canopy shade structure if desired. 10. The booth shall be identified as the “Merchant at the Market” booth, with a poster explaining what the program is about and which business(es) is/are being featured. 11. Preference for use of the booth shall be given to organized business groups (such as the Danville Area Chamber of Commerce and Danville-based businesses). The Danville Area Chamber of Commerce will manage the schedule that will be rotated each week by participating businesses. 2022-2025 Operating Agreement 5 12. The overall program shall be managed by the PCFMA, except as otherwise noted. 13. If the booth has not been confirmed by the business holding the time slot for that week by the Wednesday prior to the Saturday market, then the booth can be reserved on a first come/first serve basis by one of the other Danville- based business, or Danville Area of Chamber of Commerce members. Guidelines for the Government Organizations are as follows: 1. The organization must be a local or regional government agency that provides service to all residents of Danville and/or Contra Costa County residents. 2. The program and resources offered must benefit all residents and community members. 3. The government organization must be a nonpartisan government agency that is not aligned, affiliated influenced or supporting any one political party. 4. The participating organization shall be located in the “Merchant at the Market” booth space only if the booth is not filled by a Danville merchant as defined above or if permission to share the booth has been granted by the merchant using the booth that week. Town of Danville Town Council Outreach 1. The Danville CFM organizer shall provide a table for Town Council to be located inside the information booth weekly at a designated location selected by the Town of Danville. The information booth shall remain in this same location each week. H. Day and Hours of the Market 1. The Market shall operate between the hours of 9:00 a.m. and 1:00 p.m. every Saturday. 2. Market vendors shall not set up prior to 7:00 a.m. 3. The PCFMA shall be responsible for maintaining cleanliness of the site within the market limits after each event and shall be responsible for removing or recycling trash which resulted from market activity. 2022-2025 Operating Agreement 6 3. Promotion A. The PCFMA shall strive to develop programs that engage Danville retail and restaurant businesses through cross promotion or direct participation. B. The Danville CFM Regional Manager shall meet with the Town of Danville at the end of each year to identify opportunities where Market promotions, Town promotions/programs can be integrated in the marketing plan and operation of the market. C. A marketing plan, which includes promotion, publicity and community outreach, shall be prepared by the PCFMA and sent to the Town of Danville prior to March 1 of each year. 4. Communication A. A representative of the Town of Danville will serve as on-going liaison with the CFM. Once each month, the Town representative, if desired, may meet with the CFM Market Manager and/or a Director of PCFMA to determine the progress of the development and operation of the Danville CFM. The CFM Regional Manager shall notify the Town two weeks prior to appointing a new Market Manager to the Danville CFM or of any operational changes that may affect the terms of this agreement. B. Market reports on the Danville CFM will be sent to the representative of the Town of Danville on a weekly basis. The report will describe the progress of the CFM including operation, marketing, promotion, management and attendance. A copy of the PCFMA annual report will be sent to the representative of the Town of Danville prior to March 1 of each year. C. The PCFMA may be asked to provide the Town Council with a yearly update at a regularly scheduled Town Council Meeting. D. The representative of the Town of Danville, if desired, may attend the meeting of the PCFMA Board of Directors once each quarter. Farmers’ Market Boundaries E x h i b i t 2 D a n v i l l e F a r m e r s ’ M a r k e t E n c r o a c h m e n t P e r m i t — P e r m i t t e d A r e a