SunnyvaleRTC

December 18, 2003

SUBJECT: Possible Donation of Storage Shed by Charles Olson to Orchard Heritage Park and Suggested Recognition (03-446)

REPORT IN BRIEF

The City has committed to maintaining its ten-acre apricot orchard adjacent to the Community Center for as long as possible. Local orchardist Charlie Olson has maintained the site for over 25 years, and his current agreement with the City ensures the continuation of a working fruit orchard for as long as possible. Mr. Olson has indicated a need for additional storage space for orchard-related equipment, supplies and materials and has offered to donate to the City a structure for that purpose. This report explores that offer and suggests an appropriate form of recognition to the Council.

BACKGROUND

During negotiations with the City in 2002 to renew his agreement to maintain Orchard Heritage Park, Mr. Olson made it clear that the loss of his own orchard property at the corner of El Camino Real and Mathilda Avenue necessitated the creation of a shelter/storage facility at Orchard Heritage Park. Such a shelter would house machinery, equipment and supplies previously stored on his own property, but necessary to maintain the City’s Orchard Heritage Park. Mr. Olson offered to help the City build a barn, but subsequently Ms. Clara Bianchi of San Jose donated a 1918 redwood barn to the City. Although smaller than what Mr. Olson had hoped for, it was relocated to Orchard Heritage Park and is currently used to help maintain the orchard.

Mr. Olson has indicated that additional storage space is necessary to properly care for the City’s orchard and has offered to donate a structure for that purpose to the City. He would like to construct a 3-sided utility shed on site to meet the orchard’s needs. Council’s approved Master Plan for Orchard Heritage Park reflects the community’s support for additional structures and facilities for the purpose of maintaining the working orchard. Council’s donation policy also requires that donations valued in excess of $20,000 be recognized by “a plaque or other suitable recognition in an appropriate location.” Staff is to “present a Report to Council suggesting the size, placement and wording of any commemorative plaque, with input from the relevant board or commission.”

EXISTING POLICY

Legislative Policy 7.3.11, Recognition and Plaque Policy

Council-approved Master Plan for Orchard Heritage Park.

DISCUSSION

What Would the Storage Shed Look Like?

The proposed shed is a 3-sided metal structure with no floor, open on one end to allow visibility of stored equipment and materials. It is 20 (twenty) feet wide by 80 (eighty) feet long and 12.5 (twelve and one-half) feet tall. Please see Attachment A for sketch.

Where Would the Storage Shed Be Located?

Most members of the public attending on-site meetings felt that if Mr. Olson needed an additional shed to care for the orchard he should be allowed to erect one. However, since the proposed shed is fairly large and made of metal, they were also very interested in where it would be situated. The less visible the better was the general feeling. Most felt it should not be sited on the edge of the orchard where it would be most visible to the public. In fact, many felt that the loss of a few trees to make room for the shed in the orchard’s interior was a reasonable trade-off if that would allow it to be suitably screened.

Staff spent considerable time with Mr. Olson, the Sunnyvale Historical Society, and local residents reviewing the pros and cons of various site locations and discussing other alternatives as well (e.g., could the materials be stored off site? Could the amount of material needed to be stored be reduced? Could the shed be constructed of something other than metal? Could the shed be screened with landscaping or a mural?).

Staff believes the most appropriate siting of the proposed shelter would be as depicted by Attachment B, Site Plan for Proposed Storage Shelter. This siting has the following advantages:

Would not require the removal of any existing orchard trees.
Would be screened from Manet by existing orchard trees.
Would be screened from adjacent neighbors.
Would still be easily accessed by Mr. Olson.
Would present the least obtrusive profile (twenty-foot width) to the Senior Center parking lot, which would be screened by additional trees and landscaping.

Compatibility with Orchard Heritage Master Plan

In September, 2002, following significant public input, Council approved a Master Plan for Orchard Heritage Park. That Master Plan resulted in several additional Action Statements being incorporated into the City’s Open Space Sub-Element, including the following:

“Manage Orchard Heritage Park and its resources so as to preserve the agricultural heritage of Sunnyvale.”
“Maintain a working fruit orchard throughout the largest portion of Orchard Heritage Park for as long a time period as practical within the resources made available by the City.”
“Assist the Orchardist per written agreements, and to the greatest extent practical, in orchard operations at Orchard Heritage Park. This includes the pending construction of the Orchard Barn to store farm related machinery, materials and equipment.”
“Pursue all available avenues to secure alternate Orchardist(s) to continue the working orchard for as long a time period as possible.”

The current Orchard Maintenance Agreement between Mr. Olson and the City indicates that “the Orchardist shall have responsibility for the care and maintenance of the fruit orchard. The Orchardist shall ensure the safe keeping of the fruit trees and manage the site to provide the best possibility for sustaining a working orchard at this site.”

During public meetings on site in 2002, the community strongly supported the future maintenance of Orchard Heritage Park as a working orchard, regardless of cost.

The additional shed Mr. Olson proposes is consistent with the intent of the Open Space Sub-element, the Council-approved Master Plan for Orchard Heritage Park, and the community’s desire to see the working orchard maintained for as long as possible.

Is an Additional Shed Necessary?

The City had initially planned to build a larger barn on this site. When the Bianchi Barn became available, Mr. Olson suggested it might not be big enough but indicated he would work with what the City gave him. Staff has been on site many times with Mr. Olson, helping to identify items that can be recycled, disposed of, or stored off site at another location. However, there remains a good deal of material that is used regularly for working the orchard, or that would be impractical to store elsewhere, and which needs protection from the elements. Mr. Olson uses a small portion of the current barn for storage, but it serves primarily as a work area for maintaining orchard machinery. Even if used entirely for storage, the existing barn would not be large enough to contain all of the supplies and materials required to maintain the working orchard.

Staff believes an additional shed to shelter materials and supplies is warranted for so long as the orchard is actually used for fruit production, harvest and sales.

What Happens When Mr. Olson Can No Longer Maintain the Orchard?

The shed is proposed to be donated to the City by Mr. Olson. At the time Mr. Olson is no longer able to care for the orchard, the City would decide what to do with it. It could, for example, be removed. However, staff also believes that such a structure may help to secure the assistance of alternate orchardist when Mr. Olson is no longer willing or able to maintain the site. In this regard, it is currently perceived by staff as a positive step toward ensuring the continuation of the working orchard.

Would This Structure Be to Code?

Yes. Mr. Olson would work with the Department of Community Development to secure all required permits to erect the storage facility.

Recommended Recognition for Mr. Olson

Should Council approve this structure, City policy dictates that the donation be recognized by “a plaque or other suitable recognition in an appropriate location.” Staff recommends that a bronze plaque be installed at Orchard Heritage Park in accordance with Attachment C and Council’s policy governing the recognition of donations. While the proposed wording of the plaque does not focus specifically on the donation of the shed, staff feels it is an appropriate form of recognition for all of Mr. Olson’s contributions toward maintaining Orchard Heritage Park over the past quarter century.

FISCAL IMPACT

There would be no fiscal impact to the City. Mr. Olson has indicated his desire to donate all costs associated with the development of the proposed storage facility.

Council policy requires that the Department receiving any donation valued in excess of $20,000 pay the cost of suitable recognition for that donation. It is estimated that the Department of Parks and Recreation would spend approximately $500 on a recognition plaque for Mr. Olson should Council approve his donation of a storage facility for Orchard Heritage Park. This amount would be absorbed by the Department of Parks and Recreation.

PUBLIC CONTACT

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

Copies of this report have been provided to Mr. Charles Olson and the Sunnyvale Historical Society and Museum Association. Neighbors of Orchard Heritage Park, including the Senior Center, were notified of this matter by flyer (Attachment D, Notification of Adjacent Neighbors). Due to the small number of residents attending those sessions, staff has made a point of providing each with a copy of this final Report to Council as well.

ALTERNATIVES

1. Approve a donation from Charles Olson of a 3-sided storage facility for Orchard Heritage Park similar to that depicted in Attachment A, to be located in accordance with Attachment B, and to be paid for and maintained by orchardist Charlie Olson.

2. Do not approve the donation of a 3-sided storage facility similar to that depicted in Attachment A.

3. Approve the recognition plaque depicted by Attachment C.

RECOMMENDATION

Staff recommends Alternative numbers 1 and 3 above.

The Parks and Recreation Commission studied this issue at its regular meeting on December 10, 2003, and voted unanimously to support staff's recommendations regarding the donation of the shed, its location, and a plaque to recognize Mr. Olson's contributions to Orchard Heritage Park. No members of the public appeared before the Commission to speak on this topic other than Mr. Olson.

Prepared by:

Robert A. Walker
Director, Parks and Recreation Department

Reviewed by:

Mary J. Bradley
Director, Finance Department

Reviewed by:

Marvin A. Rose
Director, Public Works Department

Reviewed by:

Robert Paternoster
Director, Community Development Department

Approved by:

Robert S. LaSala

City Manager

Attachments

A. Graphic depiction of proposed storage facility for Orchard Heritage Park

B. Proposed location for additional storage facility at Orchard Heritage Park

C. Proposed plaque in recognition of Charles Olson’s contributions to Orchard Heritage Park

D. Notification of Adjacent Neighbors (pdf format)