SR-301-005-06
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Council Meeting: November 22, 2005
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Santa Monica California ~ ~ l.UU:J
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JAN .R ij 2006
To:
Mayor and City Council
From:
City Staff
Subject:
City Council Approval of Recommended Rules and Regulations for the
Operation of the City's Community Gardens
Introduction
This report recommends that City Council approve recommended Rules and
Regulations for the operation of the City's Community Gardens.
Backqround
The City of Santa Monica has seventy Community Garden plots on approximately one
half acre of land. Sixty plots are located at 2200 Main Street and the remaining ten plots
are on Park Drive off of Broadway. Plots are available on a first come first served basis
to Santa Monica residents with a limit of one plot per household. There are currently
113 households on the waiting list with an average wait of five to six years.
An evaluation of the Community Gardens operation was conducted over the last two
years and included a review of the following areas:
1. Rules and Regulations
2. Licensee Term Renewals
3. Physical Improvements
4.
Feasibility of Additional Plots
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As a result, staff identified a number of potential modifications to the existing operation.
Municipal community garden programs in several other cities were researched and in
September 2004, a survey of current and waiting list gardeners was conducted to obtain
input regarding areas of potential modification. Current and waitlist gardeners were
provided the results of the survey and invited to participate in a community meeting to
discuss proposed operational modifications to balance the varying interests and desires
of the gardeners and to develop clear and enforceable rules and regulations. Over fifty
members of the gardening community were in attendance at the March 21, 2005,
meeting and provided important feedback for staff.
A status report was given by City staff and public input was received at the April 21,
2005 meeting of the Recreation and Parks Commission. Discussion focused on
modifications to the rules and regulations, proposed term limits as well as possible
physical improvements to the gardens, The Commission recommended that staff and
the gardeners work together to refine the proposal and return at a later date.
Discussion
Rules and Requlations. A Community Gardeners Advisory Meeting was held on June
16, 2005. It was agreed at that time to form a subcommittee to develop a consensus
plan. The subcommittee of eleven, consisting of eight current gardeners, one waitlist
gardener and two staff members held meetings on July 21st, August 1st, September 1st
and September 2ih. Much was accomplished at these meetings. Consensus was
reached on a variety of issues including: development of more clearly defined gardener
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responsibility guidelines; development of acceptable planting guidelines to protect open
space and access to sunshine; modifications to the violation process to ensure well kept
gardens; and an increased role for the advisory committee including helping with plot
inspections, handling disputes between gardeners and welcoming and providing
guidance to new gardeners. Consensus was not reached on the issue of term limits for
garden plots. The new proposal was then presented at the October 6, 2005 Community
Gardens Advisory Meeting and was well received with the exception of the term limit
issue.
Under the current rules, licenses are for one year terms with a "nontransferable option
to renew every year". As a result, individual gardeners may keep plots for an unlimited
number of years despite the fact that there is a long waiting list. Several gardeners have
had their plots for more than twenty years. Because the current system allows private
individuals to make exclusive use of City property for an unlimited period of time, the
City Attorney has advised that the current practice is legally problematic.
Generally speaking, public resources must be used for the benefit of the public.
Consigning public property to the exclusive use of a small number of individuals is
legally problematic. The California Constitution prohibits making gifts of public funds
(Article XVI, Section 6). While this provision is liberally interpreted to protect cities'
broad discretionary powers it does prohibit public entities from consigning money or
anything of value to use for private purposes. While there is no doubt that communal or
community gardens serve a public purpose, this public purpose is significantly eroded
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when each plot is consigned to the exclusive use of one individual for an unlimited
period of time, particularly if other members of the public are awaiting the same
opportunity. Moreover, unlimited and exclusive use of publicly-owned garden plots is
particularly problematic in Santa Monica, because the City has adopted and enforces
several regulatory systems based upon the principle that public recreational spaces
must be shared. Examples include: the Community Events Ordinance and permitting
systems which rest on the precept that City spaces must be shared through a rational
system of allocation that protects everyone's access; the Street Performance Ordinance
which operates to protect shared use of public space; and the law prohibiting camping
in public parks. Operating a City program at odds with the underlying premise of these
regulatory systems may put them at risk. Consistent with the basic rule that public
spaces and resources must be allocated in a way that protects shared public access,
the City has worked to ensure that playing fields, public meeting rooms and other public
facilities are shared pursuant to reasonable systems that provide similar opportunities to
all resident and user groups. The main exception to this approach applies when the
City is functioning in its entrepreneurial capacity. Thus, City property is leased for the
exclusive use of private individuals and business entities and the leases are granted at
rates that generate revenue for the City. Leaseholds are not allocated as a recreational
resource,
Current gardeners overwhelmingly oppose the idea that term limits be instituted, citing a
lack of a similar prohibition in other communities, the amount of time needed to
establish their gardens and the positive aspects of developing a stable "gardening
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community" that adds to the gardeners' quality of life. Waiting list gardeners are far
more receptive to term limits. Twenty nine percent (29%) of survey respondents who
are on the waiting list believe that if a term limit is required, a three year limit would be
appropriate, thirty nine percent (39%) believe five years and seventeen percent (17%)
believe ten years.
Given the legal considerations noted above and the extensive waiting list as well as the
need to provide adequate time for gardeners to establish and enjoy their gardens and
the gardening community, staff proposed a license agreement limit of seven years for all
new gardeners. For current gardeners, to prevent complete turnover of all gardens in
the same year, a staggered implementation plan was proposed. Approximately 1/3 of
the plots would be randomly selected for reassignment in each of the next three years.
A follow-up report regarding the revised proposed rules and regulations was given by
City staff and public input was received at the October 27, 2005 meeting of the
Recreation and Parks Commission. The Commission did not take a formal position
regarding the issue of term limits, but did adopt a motion to recommend that the City
Council approve the all other proposed rules and regulations. The Commission also
adopted a separate motion recommending that the City Council explore all possible
opportunities for creating new community gardens in the city in order to create more
opportunities for gardeners, and that if term limits are imposed, that the gardener not
have to vacate their plot until the replacement gardener has been on the waiting list for
a minimum of two years.
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Physical Improvements and Feasibility of Additional Plots. Under consideration at both
Community Gardens locations was the replacement of the exterior and interior
boundary fencing, new pathways and reprogrammable gate locks. At Main Street,
installation of entrance gates on the southern border of the gardens was also proposed.
The Community Gardens Advisory Committee will be working with staff in the coming
months to further explore possible physical improvements to the gardens, contingent
upon the availability of funding in future budgets.
The 1997 Recreation and Parks Master Plan calls for the City to expand the Community
Gardening Program by developing two additional gardening locations. Staff considered
the possibility of increasing the number of community garden plots by converting the
open green space area to the south of the current Park Drive garden plots into a new
Community Gardens site. This location could yield up to twenty additional plots.
The 24 raised planter beds included in the Euclid Park design are planned for gardening
classes and workshops, They will provide an opportunity for residents on the
Community Gardens waiting list to participate in programs that prepare gardeners prior
to obtaining a plot for longer-term personal use.
Budqet/Fiscallmpact
The recommendations presented in this report do not have a budget or financial impact.
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Recommendation
It is recommended that City Council approve the recommended rules and regulations
for operation of the City's Community Garden plots for implementation January 1,2006.
Prepared by:
Barbara Stinchfield, Director
Karen Ginsberg, Assistant Director
Kathy LePrevost, Community Programs Manager
Department of Community and Cultural Services
Attachment: Proposed Community Gardens Rules and Regulations 10/27/05
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11/22/05 City Council: Attachment 1
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COMMUNITY GARDENS
RULES AND REGULATIONS
City oj
Santa illO'lIicu@
Please read carefully. Your License Agreement obligates you to abide by these Rules
and Regulations.
GENERAL
The Community Gardens have been established to insure an opportunity for active
participation in the Community Gardens Program for residents of the City of Santa
Monica.
The Community Gardens Advisory Committee serves in an advisory role to assist with
the operations of the gardens. The Community Gardens are managed by the City of
Santa Monica's Community and Cultural Services Department, Community Programs
Division.
Garden plots may be reserved under a License Agreement for a period of up to twelve
(12) months at an annual fee established by the City, commencing on January 1st of
each year or as a plot becomes available throughout the year. All License Agreements
expire on December 31st.
All interested Santa Monica residents will be assigned plots within the garden area
when available on a one plot per household basis.
Plots are available to Santa Monica residents only.
Commercial use of plots is not allowed.
Gardening hours are from sunrise to sunset.
No licensee shall enter a garden plot, other than his/her own, without that licensee's
permission.
Licensee may not assign his or her garden plot to another individual. Doing so will
result in immediate loss of license for that plot.
A license agreement will be entered into between the licensee and the City.
Draft 10/20/05
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11/22/05 City Council: Attachment 1
LICENSEES
1. Licensees must show proof of City of Santa Monica residency (valid California
Identification and/or California Driver's License and a residence utility bill).
2. A gardening plot license will be issued to Santa Monica residents only with a
maximum of one plot per household.
3. Garden plots will be assigned to eligible Santa Monica residents on a first come,
first served basis.
LICENSE FOR GARDEN USE
1. Current licensees (original gardeners) as of January 1, 2006, will have the ability
to renew their license agreement for calendar year 2006.
2. All subsequent vacated plots will be filled from the existing Community Gardens
waiting list (replacement gardeners). Replacement gardeners will be allowed to
complete the current calendar year ending December 31 st and have the
opportunity to renew their gardening license for seven full calendar years.
3. Near the end of 2006, all remaining original gardeners will be entered into a
random drawing to determine the number of additional years each will be allowed
to renew their license agreement, effective January 1, 2007.
a. The 1 sl 23 gardeners randomly drawn may renew their license agreement for 9
additional years.
b. The next 23 gardeners randomly drawn may renew their license agreement for
8 years.
c. The remaining original gardeners may renew their license agreement for 7
years,
4. Licensees eligible to renew their plot assignment for the following calendar year
may do so by applying prior to December 31 sl.
5. Commencing January 1, 2006, at the conclusion of a gardeners license
agreement term limit, licensees are not eligible for reapplication for 1 calendar
year unless there is no waiting list.
PLOT SIZE
During calendar year 2006, the Advisory Committee will work with City staff to
determine guidelines which will allow for a reasonable number of plots to be divided in
half as they are vacated, or at the request of current gardeners, in an effort to enable
gardening by persons desiring smaller sized plots.
Draft 10/20/05
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11/22/05 City Council: Attachment 1
MAINTENANCE OF THE GARDENS
City's Responsibilities
1. City will provide water to within ten (10) feet of each garden plot.
2. Refuse collection will be provided at the gardens based on the collection
schedule of the Solid Waste Management Division.
3. The structure of the pathways and exterior perimeter fences will be maintained by
the City.
4. City will conduct inspections and issue non-compliance notices to gardeners not
properly maintaining their gardens.
4. The City has no other responsibilities except those stated above.
Licensee's Responsibilities
1. Licensees may not apply any materials or substances to the pathways without
City approval.
2. The Community Gardens is a year round activity. All gardens must be actively
planted and gardened on a year round basis. Contact the City for referrals for
assistance if extenuating circumstances temporarily prevent a licensee from
fulfilling his/her gardening responsibilities.
3. At least one person named on the license agreement must be present when
gardening is occurring. Persons named on the license agreement must perform
the majority of work except during vacation or short term illness for which the
licensee must notify the City. Licensees may name one person not living with
them on the license agreement as a Gardening Assistant.
4, Each licensee will provide his/her own tools, supplies, seeds, etc.
5, New licensees must have their plots cleared and cultivation started within one
month of the plot assignment.
6. Invasive plants, weeds and grass, including but not limited to: morning glory,
palm, bamboo, kudzu vine, mallow, horsetail, false garlic must be removed.
7. The following guidelines must be obseNed in order to protect the open space and
access to sunshine:
a. All growth and property must remain within plot boundaries. All vegetation,
structures, frames, etc., must not shade other gardens.
Draft 10/20/05
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11/22/05 City Council: Attachment 1
b. Plants that create thickets, such as bougainvillea must be trimmed and
thinned regularly to allow sun flow and prevent shading.
c. No trees of any size may be planted in the ground. Dwarf trees, less than five
(5) feet in height, are allowed if contained in a pot above ground.
d. Stagnant water is not allowed. Ponds must have mosquito fish or some form
of mosquito preventative. Garden furniture is restricted to two (2) chairs, one
(1) table (not larger than four (4) feet round or square, one (1) umbrella, and
one (1) eight (8) foot bench.
f. Plant growth on fences, interior and exterior must not extend through or over
the fence onto public access areas or neighboring plots. Trimming on the
exterior of fences is the responsibility of the licensee.
g. Licensee shall make a best effort not to create habitats which attract rodents.
8. Only materials needed for gardening may be stored in the plot. All storage must
be orderly.
9No fertilizer may be used that in any way detrimentally affects adjacent gardens.
No herbicides may be used. Only botanical insecticides may be used.
10No animals are permitted off-leash in the garden area. No licensee may allow
her/his animal to enter into another licensee's plot without his/her permission.
11 All gate keys are the property of the City of Santa Monica and must be returned
upon conclusion of the licensing agreement.
12Repeated violations of these Rules and Regulations will result in termination of
the privilege to retain a garden plot.
a. City staff will conduct inspections at least once per month and notify
gardeners in writing of rule violations. Violations must be corrected within
three weeks of the date of notification. If the violation is not corrected within
three weeks, another violation notice will be issued. A maximum of three
violation notices will be allowed within twelve consecutive months. If a fourth
violation occurs within the 12 month period, the license will be terminated and
the gardener will have 14 days to clear and vacate the plot. Any plants,
supplies or other materials left in the plot after the expiration of that period will
become the property of the City.
b. Three volunteer gardeners approved by attendees at a noticed Advisory
Committee meeting shall walk the gardens on an every other week basis (no
less than once/month) to identify situations where the Rules and Regulations
are not being followed. A report of the findings will be provided to City staff
within three days to aid City staff in conducting inspections. The volunteer
gardeners performing this function will rotate every 6 months.
Draft 10/20/05
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11/22/05 City Council: Attachment 1
GARDEN FEES
An annual Community Garden license fee shall be charged to partially off-set City
maintenance expenses related to the operations of the gardens. The fee will be revised
and established annually by the City Council.
COMMUNITY GARDENS ADVISORY COMMITTEE
The Community Gardens Advisory Committee has been established to insure the
proper operation of the Community Gardens and to insure opportunity for active
participation in the Community Gardens Program. The Advisory Committee is
comprised of all currently licensed and waitlist gardeners. Licensees and people on the
wait list are encouraged to attend the Committee meetings to discuss operational
issues, present new ideas and suggestions to improve the garden operation, and to
discuss other garden related matters.
For information on the Committee meetings contact the City of Santa Monica's
Department of Community and Cultural Services, Community Programs Division at
(31 0) 458-8300.
Draft 10/20/05
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