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RTC#03-328

September 23, 2003

SUBJECT:

Renew Orchard Maintenance Agreement, 755 S. Mathilda Avenue (03-328)

REPORT IN BRIEF

The Orchard Maintenance Agreement for the orchard located adjacent to Las Palmas Tennis Center at 755 S. Mathilda Avenue will expire on October 1, 2003.

The current agreement with C. J. Olson has been a positive and productive means of preserving this property as a working fruit orchard, consistent with the City’s open space program. Staff believes the current partnership with C. J. Olson to be cost-effective and has updated the current agreement to meet the needs of the community for the future maintenance of the orchard. Please see Attachment A, Orchard Maintenance Agreement dated October 1, 2003. Mr. C. J. Olson has expressed desire to continue in his role as Licensee for orchard operations at this site.

Staff recommends that Council approve the new Orchard Maintenance Agreement dated October 1, 2003, and authorize City Manager to enter into said Agreement with Licensee C. J. Olson on behalf of the City.

BACKGROUND

The City owns a working fruit orchard at 755 South Mathilda Avenue (APN 201-35-008) adjacent to the Las Palmas Tennis Center. Currently it is planted with cherry trees. Throughout its history the orchard has been maintained through various written agreements between the City and Orchardist, Licensee C. J. "Charlie" Olson. The current Agreement has been very positive with the City providing irrigation water and Licensee providing labor, equipment, materials and expertise to keep the orchard thriving and productive. The Licensee retains the fruit and produce from the orchard as consideration for his labors. The Licensee replaces trees as needed to maintain the orchard for future years. The City has found this to be an effective means of operating the orchard and maintaining the agricultural heritage of Sunnyvale consistent with the City’s open space program.

The current License Agreement expires October 1, 2003. A means of operating the orchard must be approved to sustain the orchard when the current Agreement terminates. The current Licensee has expressed interest in continuing the partnership with the City to maintain this agricultural resource for the community. Staff has updated the previous Agreement to meet the current demands and sustain the orchard for the future. Staff provides the new Agreement dated October 1, 2003, for Council consideration.

EXISTING POLICY

Partnering with members of the community to provide for care and maintenance of the orchard at 755 South Mathilda Avenue is supported in the City’s General Plan as follows:

Open Space Sub-Element:

Policy 2.2A.1:

Encourage active citizen involvement in the development and management of open space.

2.2A.1.d

Investigate and pursue avenues for citizen involvement in the implementation of open space programs, such as landscape plantings and park beautification activities.

Policy 2.2C.4:

Provide, develop and maintain Special Use Parks and Facilities.

2.2C.4.c

Provide for balance between general recreation uses and special interest uses in parks and facilities.

Recreation Sub-Element:

6.1C.2.a:

Leverage available resources by pursuing co-funded and/or cooperative agreements for both expansion and maintenance of programs, facilities and services, in order to maximize benefits to the community.

DISCUSSION

The City owns two of the few remaining small working fruit orchards in the region. One orchard is located at Orchard Heritage Park and is operated under a separate maintenance agreement. This orchard located at 755 S. Mathilda Avenue is maintained through a License Agreement with Orchardist C. J. Olson. The City and Licensee/Orchardist C. J. Olson have enjoyed a successful twenty-six year partnership in management of the orchards. Large numbers of residents and visitors to Sunnyvale view this orchard, as it is a fine example of Sunnyvale’s agricultural heritage. It is also a welcome open space and relief from the busy city and the fruit harvested from the orchard is sold locally.

The current Agreement has been positive for the community and supportive of the City’s General Plan. Because the current Agreement expires October 1, 2003, a new Agreement is needed to ensure that the orchard is maintained in its current healthy condition. Because Mr. C. J. Olson, the current Licensee, has successfully performed all obligations of orchard care and maintenance for the previous twenty-six years, staff proposes that the City enter into a new Agreement with C. J. Olson for future maintenance of the orchard.

FISCAL IMPACT

Current fiscal obligation related to this orchard is limited to provision of irrigation water and orchard debris removal. This obligation is currently funded in Program 265 for Neighborhood Parks and Open Space.

Approval of a new Orchard Maintenance Agreement contains no additional fiscal impact or cost to the City. A decision not to approve the recommended Agreement could result in significant fiscal impact, particularly if that resulted in the City needing to locate another orchardist or consider maintaining the orchard itself.

PUBLIC CONTACT

Public contact was made through posting of the Parks and Recreation Commission agenda and Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the City Clerk’s office, Library, Parks and Recreation Administration office, Corporation Yard, Community Center and Senior Center.

On September 10, 2003, the Parks and Recreation Commission provided a public hearing of this report during its regularly scheduled meeting.

Copies of this report have been provided to C. J. Olson and Janice Havey, President, Sunnyvale Historical Society and Museum Association.

ALTERNATIVES

  1. Approve Orchard Maintenance Agreement dated October 1, 2003, and authorize City Manager to enter into said Agreement with Licensee C. J. Olson.

  2. Other action as determined by Council.

RECOMMENDATION

Staff recommends Alternative No. 1.

Parks and Recreation Commission reviewed this report on September 10, 2003, and unanimously accepted staff’s recommendation, Alternative No. 1.

Prepared by:
Curtis Black
Superintendent of Parks

Reviewed by:
Robert A. Walker
Director, Parks and Recreation

Mary Bradley
Director, Finance

Approved by:
Robert S. LaSala
City Manager

Attachments
A.   Orchard Maintenance Agreement dated October 1, 2003
A1.  Exhibit A, Cherry Orchard, 755 S. Mathilda Avenue Acrobat Reader .pdf file

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