HomeMy WebLinkAbout061124-03.1
STUDY SESSION MEMORANDUM 3.1
TO: Mayor and Town Council June 11, 2024
SUBJECT: Danville Certified Farmers’ Market Update
BACKGROUND
At a regularly scheduled Town Council Meeting on December 19, 2023, the Council
adopted Resolution No. 89-2023, amending the Pacific Coast Farmers’ Market
Association 2022-2025 Operating Agreement (Attachment A). The amendments focused
on enhancing market offerings and activities in an effort to increase market attendance
and improve the Danville Farmers’ Market.
DISCUSSION
Over the past six months, the Pacific Coast Farmers’ Market (PCFMA) team has been
implementing the approved amendments and additional enhancements to the Danville
Farmers’ Market. The new agricultural/nonagricultural vendor ratio of 55% to 45% has
enabled more efficient scheduling and placement of vendors. The number of vendor stalls
has increased significantly, from the mid-twenties in early winter to the high forties in
spring and early summer.
Adding a wine producer to the market was another approved amendment. The wine
producer has met all the stringent vendor requirements and has adhered to wine tasting
limits within a defined area of the market. Lastly, new vendors for the market have been
screened on a more regular basis by PCFMA staff as opposed to juried on a yearly basis.
Since PCFMA staff changes in March 2024, market updates and reporting have become
more consistent. In their presentation, PCFMA will review marketing goals, promotion
of the market and in-market activities, and a review of additional enhancements to the
market, such as the new seating space and plans for street light banners.
With these improvements, the market is in a good position to continue to attract new and
returning visitors to remain competitive with other markets in the region (Attachment B).
Merchant at the Market Program
In December, Council directed staff to evaluate the Merchant at the Market program. This
program continues to be under-utilized by Danville-based businesses, despite increased
efforts by the Chamber and Town to promote the program. Despite increased promotion
Danville Certified Farmers’ Market Update 2 June 11, 2024
by the Chamber and Town, Danville-based businesses have under-utilized the program.
Since January 2024, eight out of 22 market dates had participation, with only two
Danville-based businesses involved.
Feedback suggests traditional retail businesses struggle to staff booths, with the program
primarily benefiting service-oriented businesses like health and finance services. The
Town can continue evaluating the viability of this program to determine alternative
options for business promotion opportunities that are more aligned with local business
needs and capacity. Year to date, the program has hosted the following:
January 20 – Code Ninjas (San Ramon)
April 13 – New York Life (San Ramon)
April 20 – La Vie MD (Danville) and Rotary Club of San Ramon Valley
April 27 – Stanford Health (San Ramon) and The Agency (Alamo)
May 11 – Cactus Jim (Danville) and Contra Costa Transit Authority
May 18 – Rotary Club of San Ramon Valley
May 25 – The Agency (Alamo)
June 1 – Code Ninjas (San Ramon)
The annual PCFMA update to Town Council will be scheduled for a regular public
meeting in November 2024.
RECOMMENDATION
Consider the overview of the Danville Farmers’ Market performance over the past six
months. Provide feedback and direction to Town staff regarding implemented market
enhancements and continuation of the Merchant at the Market program.
Prepared by:
Lianna Adauto
Economic Development Specialist
Jenn Starnes
Communications & Economic Development
Manager
Attachment A: PCFMA 2022-2025 Amended Operating Agreement
Attachment B: Local Farmers’ Market List
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, May 13, 2022 and December 21, 2023 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
DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E
Attachment A
2022-2025 Encroachment Permit
2
Association. The Association will be notified as soon as possible of any road
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
DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E
2022-2025 Encroachment Permit
3
the property as permitted hereby. The Association shall not commit, suffer to
permit any waste on the permitted area.
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 consumption is 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:
DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E
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:
DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E
12/21/202312/21/2023
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.
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2022-2025 Operating Agreement
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Exhibit 1
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.
DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E
2022-2025 Operating Agreement
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B. Enforce state and local agricultural and health regulations. Serve as on-going
liaison with county agricultural commissioner.
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 stay within 25% to 45% of all vendors,
except during the months of October through April, the percentage may be
increased to a range of 35% to 55%.
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
nonagricultural waitlist 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
Wine Producer
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
DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E
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5.All products sold at the Danville CFM must be produced by the vendor.
Buying and reselling of product is not permitted. Non-agricultural
producers are screened and selected for their viability in each market by
the Regional Manager or Operations Director..
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/monthly market report shall state the number of agricultural
and non-agricultural vendors, service booths, 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.Danville-based businesses that have a primary business model of
production and/or sale of beer and wine are permitted to sell pre-packaged
alcohol (i.e., bottles, cans). Tasting is not 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.
DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E
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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.
12. The overall program shall be managed by the PCFMA in accordance with
procedures outlined by Town Staff, 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 on a waitlist, the Danville Area of Chamber of Commerce
members, or Government Organizations.
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 the same
general area 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.
DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E
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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.
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/monthly 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.
DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E
Day Time Market Operator
Alamo Plaza Market Sunday 9am-2pm All Bay Farmers Market
Concord Todos Santos
Park - Year Round Tuesday 10am-2pm Pacific Coast Farmers' Market
Association (PCFMA)
Concord Todos Santos
Park - Summer Thursday 4-8pm PCFMA
Dublin Emerald Glen Park
Market Thursday 4-8pm PCFMA
Dublin Kaiser Permanente
Market Tuesday 10am-2pm PCFMA
Livermore Carnegie Park
Market Thursday 4-8pm Foragers
Livermore Downtown
Market Sunday 9am-1pm Foragers
Martinez Market Sunday 9am-1pm PCFMA
Moraga Center Market Sunday 9am-1pm CA Farmers Markets
Pleasanton Market Saturday 9am-1pm PCFMA
San Ramon City Center
Market Saturday 9am-1pm Foragers
Walnut Creek Downtown
Market Sunday 9am-1pm
Contra Costa Certified Farmers
Markets
Walnut Creek Shadelands
Market Saturday 9am-1pm CA Farmers Markets
Local Farmers Markets
Attachment B