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HomeMy WebLinkAbout060325-06.7 ADMINISTRATIVE STAFF REPORT 6.7 TO: Mayor and Town Council June 3, 2025 SUBJECT: Resolution No. 41-2025, authorizing an extension and amendment of the Encroachment Permit/Right-of-Entry Agreement with the Pacific Coast Farmers’ Market Association BACKGROUND The Town’s longstanding relationship with the Pacific Coast Farmers’ Market Association has been memorialized through a succession of three-year Encroachment Permits along with an Operating Agreement. Over the past two years, the Town Council has requested temporary operational changes to the existing Permit in order to improve the Danville Farmers’ Market. The requests were as follows: • December 12, 2023: Council approved a vendor ratio modification to increase vendors in colder months. This included a provision to allow wine producers in the agricultural area of the market. • December 19, 2023: Council approved an agreement modification that included the vendor ratio and wine producer update. • June 11, 2024: Council directed staff to assume management of the Merchant at the Market program. • November 19, 2024: Council requested and Pacific Coast Farmers’ Market Association (PCFMA) confirmed that traditional retail establishments are able to sell at the market The requested modifications are reflected in Attachment B. DISCUSSION The attached draft permit and operating agreement reflect the following modifications from the previous agreement based on direction provided by the Town Council: • Modified vendor ratio to a range of 45-55% for non-agricultural vendors. • Adding a wine producer to the market. • Merchant at the Market program managed by Town staff. Farmers’ Market 2 June 3, 2025 Other activities and improvements, such as adding entertainment and picnic tables, have also been implemented. Implementation of the requested modifications have been put into practice with success, and are included in the revised agreement: Vendor Ratio Over the past year, the PCFMA team has been implementing the requested amendments and additional enhancements to the Danville Farmers’ Market. Having the option to modify the vendor ratio to a range of 45-55% for non-agricultural vendors has enabled more efficient scheduling and placement of vendors. The number of vendor stalls has increased significantly, from the low thirties in winter to the mid-forties in late spring. Wine Producer 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. Merchant at the Market Program Town staff assumed responsibility for recruitment and scheduling, as well as promotion of the program. Increased marketing efforts to boost participation in this program included social media posts, the Business Focus email newsletter, promotion to new businesses during Open in Danville visits, and a redesigned webpage dedicated to this program. Since the Town assumed management in August 2024, 27 out of 44 market dates had participation, and 11 had two merchants participate on the same date. Under new guidelines, all participants are Danville-based businesses, and the participation has more than doubled in that timeframe. Renewal PCFMA is seeking a three-year renewal of the Danville Farmers’ Market Operating Agreement and Encroachment Permit/Right-of-Entry Agreement. The Operating Agreement will be effective from June 3, 2025, through June 3, 2028. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT No new fiscal impact. Farmers’ Market 3 June 3, 2025 RECOMMENDATION Adopt Resolution No. 41-2025, authorizing an extension and amendment of the Encroachment Permit/Right-of-Entry Agreement with the Pacific Coast Farmers’ Market Association. Prepared by: Melysa Vander Mel Economic Development Specialist Reviewed and approved by: Jenn Starnes Communications and Economic Development Manager Attachments: A – Resolution No. 41-2025 B – 2025-2028 Draft Encroachment Permit Exhibit 1 – Draft 2025-2028 Operating Agreement Exhibit 2 – Map of Encroachment Permit – Permitted Area RESOLUTION NO. 41-2025 AUTHORIZING AN EXTENSION AND AMENDMENT OF THE ENCROACHMENT PERMIT/RIGHT-OF-ENTRY AGREEMENT WITH THE PACIFIC COAST FARMERS’ MARKET ASSOCIATION WHEREAS, the Town of Danville has hosted a Certified Farmers’ Market in its Old Town business district for the past 35 years; and WHEREAS, the Town has previously granted an Encroachment Permit/Right-of-Entry to the Pacific Coast Farmers’ Market Association (PCFMA) to operate the Danville Certified Farmers’ Market upon a portion of the Town of Danville’s Railroad Avenue Municipal Parking Lot; and WHEREAS, the Encroachment Permit/Right-of-Entry includes by reference the Danville Certified Farmers’ Market Operating Agreement (Agreement) with the PCFMA; and WHEREAS, the Town Council has requested minor modifications to the Agreement in support of Danville businesses; and WHEREAS, the current Encroachment Permit/Right-of-Entry expired April 15, 2025; and WHEREAS, the Town wishes to extend the Encroachment Permit/Right-of-Entry as amended, for a period of three years; now, therefore, be it RESOLVED that a portion of the Railroad Avenue Municipal Parking Lot shall continue to be closed each Saturday from 7:00 a.m. to 2:00 p.m. for the operation of the Danville Certified Farmers’ Market; and be it further RESOLVED that the Town Manager is hereby authorized to execute the amended Encroachment Permit/Right-of-Entry Agreement with the Pacific Coast Farmers’ Market Association in the form as lodged with the City Clerk, together with such changes as hereafter may become necessary, provided that such changes do not materially increase the obligations of the Town hereunder. Docusign Envelope ID: 45EF2C5D-B1DA-43E8-BC11-1F9A64B9DA1E ATTACHMENT A PAGE 2 OF RESOLUTION NO. 41-2025 APPROVED by the Danville Town Council at a regular meeting on June 3, 2025, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ___________________________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ ___________________________________ CITY ATTORNEY CITY CLERK Docusign Envelope ID: 45EF2C5D-B1DA-43E8-BC11-1F9A64B9DA1E 2025-2028 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, December 21, 2023 and June 3, 2025 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 ATTACHMENT B 2025-2028 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 2025-2028 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.According to the Association Rules and Regulations, a wine vendor/seller is permitted to offer samples if there is a roped off area, may pour not more than 3 oz and must have a CPC listing the agricultural products used to make the wine in addition to the winegrowers license. Only wine made with products grown and produced by the seller can sell wine at the market. Except as provided above, n 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. 2025-2028 Encroachment Permit 4 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: To the Town: Town of Danville Communications and Economic Development Manager 500 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, Town Manager Allen Moy, Executive Director Dated: Dated: 2025-2028 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 PCFMA is a non-profit, mutual benefit corporation dedicated to “Bringing the Farm-to- the-City.” PCFMA operates other Certified Farmers’ Markets in the San Francisco Bay Area and provides sales opportunities to 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 2025-2028 Operating Agreement 6 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 Responsibilities for PCFMA 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.Implement action plan that will mutually benefit the Town of Danville and the CFM. 4.Maintain rules and regulations for the market in compliance with state laws and regulations as well as industry best practices. B. 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. C. Grower Recruitment and Coordination 1. Recruit growers to yield number of growers per market day that will provide a variety of quality agricultural products. 2.Recruit local fishermen to sell their “catch-of-the-day” directly to consumers. 3.Recruit producers of high-quality and unique artisan food products and artisan goods (subject to Item 2-G. Non Agricultural Restrictions). 2025-2028 Operating Agreement 7 2.Operations and Management Responsibilities for PCFMA A. 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. B. Train and supervise management of the Danville CFM, employ and provide a farmers’ market manager to be on-site during market operations. C. Enforce state and local agricultural and health regulations. Serve as on-going liaison with county agricultural commissioner. D. 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. E. Market Day Systems: signage, information booth, Merchant at the Market booth, Town Council booth, customer relations, and grower coordination. F. Secure insurance: Provide copies of insurance policy to the Town of Danville each year. G. 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. 2025-2028 Operating Agreement 8 4.Market categories are as follows: Agricultural Products 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 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 Merchant at the Market 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 producers are screened and selected for their viability in each market by the Regional Manager or Operations Director. The Merchant at the Market booth is the exception, which may sell items that are sold in the participating merchant’s store (Item 4). 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.PCFMA may include, at its discretion, nonprofit organizations in its market operations that further its goals of providing agricultural and science-based education in the community. Guidelines for nonprofit participation shall be: •The organization must be a nonprofit organization as recognized by the Internal Revenue Service or the California Franchise Tax Board. •The organization must be headquartered in Danville or providing services to the residents of Danville. •The organization must provide a participatory element additive to the market experience, and may not have solely informational booths. •One such nonprofit organization is permitted per market day. •Governmental agencies are not permitted in the PCFMA-managed market area without express prior permission from the Town. 2025-2028 Operating Agreement 9 8. The weekly/monthly market report shall state the number of agricultural and non-agricultural vendors, service booths, and attendance information. 3. Promotion Responsibilities for PCFMA 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. Merchant at the Market Program Responsibilities for PCFMA: A. Merchant at the Market booths shall be located in the non-agricultural section of the market. B. These booths 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. C. The on-site logistics of the program shall be managed by PCFMA in accordance with procedures outlined by Town Staff, except as otherwise noted. 5. Merchant at the Market Program Responsibilities for Town of Danville A. The overall program is managed and scheduled by the Town, including vendor recruitment, selection and approval. B. 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., 2025-2028 Operating Agreement 10 bottles, cans) and are responsible for obtaining all necessary permits from the California Department of Alcoholic Beverage Control. Open containers and customer 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 Merchant shall provide any and all items at their booth, up to and including table, chairs, tablecloth, canopy shade structure if desired, etc. 9. Preference for use of the booth shall be given to Danville-based businesses. Non-profit organizations are not considered “businesses” for the purpose of this program. 10. Government agencies may be permitted a Merchant at the Market booth space at the Town’s discretion, as space permits. 11. Town staff will manage a schedule that will be rotated each week from a list of approved businesses. 6. Communication between PCFMA and Town of Danville 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. B. 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. C. 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. D. The PCFMA may be asked to provide the Town Council with a yearly update at a regularly scheduled Town Council Meeting. Map of Encroachment Permit – Permitted Area EXHIBIT 2 Legend Railroad Ave. Sh o r t S t . Iron Horse Regional Trail W P r o s p e c t A v e . PERMITTED AREA BARRICADES Saturdays, 4:00 a.m. - 2:00 p.m.