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SR 12-12-2017 3H City Council Report City Council Meeting: December 12, 2017 Agenda Item: 3.H 1 of 4 To: Mayor and City Council From: Karen Ginsberg, Director, Community & Cultural Services Subject: Conversion of Community Garden License Agreement to Permit System Recommended Action Staff recommends that City Council adopt the attached resolution to allow the conversion of the Community Garden License Agreement to a permit system and authorize the Community and Cultural Services Director to amend and promulgate Community Garden Rules and Regulations as well as the Good Neighbor Policy. Executive Summary The City of Santa Monica currently provides three locations open for community gardening by residents. The Community and Cultural Services Department proposes the conversion of a Community Garden License Agreement to a Community Garden permit process and authorization to amend the Community Garden Rules and Regulations and Good Neighbor Policy. These recommendations would change the way the City enters into agreements with individuals for City community garden plots by simplifying the process into a digital format, modifying some existing operational rules, and formalizing the expectations of the community gardeners. This change would also align this process with other permit processes handled by the Community Recreation Division. Changes would be effective at the start of the 2018-19 fiscal year. The Rules and Regulations changes were proposed by the Community Gardens Rules and Regulations Ad Hoc committee, recommended by the Community Gardens Advisory Committee on May 17, 2017 and endorsed by the Recreation and Parks Commission on October 19, 2017. This popular Community Recreation program currently has a waiting list of 580 residents with an estimated wait time of seven years. The proposed changes will not 2 of 4 have a direct effect on the time it takes for a new gardener to secure a plot, nor do the changes address the idea of implementing term limits. The Community Gardens Advisory Committee is currently exploring options to expand community gardening opportunities. Background The City of Santa Monica provides city property to residents to garden and promote sustainability and stewardship. The Community Gardens program promotes wellbeing and sustainability to residents who have an interest in urban gardening and expects resident gardeners to be active while practicing organic gardening of plants, fruits, vegetables and herbs for the gardener’s pleasure and consumption while promoting a community of gardening neighbors. The Community and Cultural Services Department operates Community Garden sites in three locations: 73 garden plots at the Main Street Community Gardens, 38 garden plots at Park Drive Community Gardens and ten garden plots at Euclid Park. City Council approved Community Garden plans in 1976 and formally adopted operational rules and regulations in November 2005. Staff supervises Community Gardens to ensure that all operational rules, policies, and expectations are met. The Community Gardens Rules and Regulations Ad-Hoc Committee decided to review the operational rules and regulations to ensure alignment with current practices and to encourage a stronger sense of community. Refinements include formally removing a pilot plot division plan that was instituted in 2007 but quickly ended due to challenges with watering and access, regulating garden plot fencing, and not allowing gardeners to hire others to garden on their behalf. The attached Rules and Regulations have not been reviewed by City Council since they were amended in 2006. Discussion Staff is seeking Council approval to transition from a license agreement to a permit system and to authorize the Director of Community and Cultural Services to amend and promulgate the Community Garden’s rules and regulations. This would change the way 3 of 4 the City allocates garden plots by simplifying the process to a digital format that is managed through the ActiveNet recreation management software system. The current Community Gardens License Agreement process requires staff to print paper agreements, get signatures from gardeners, and manually route through inter- departmental approvals. The new process will save time and printing expenses, allowing staff to work more efficiently serve the needs of the Community Gardens program. This new Community Garden Plot Permit process would be managed in the same manner as other Community Recreation permits are handled. Garden Plot permittees would be held to the terms and conditions commensurate to the original Community Garden License Agreement which are detailed in the accompanying resolution. Changes would be effective at the start of the 2018-19 fiscal year. The Recreation and Parks Commission voted unanimously to recommend that City Council adopt the proposed resolution moving from a license agreement to an annual permit. The Rules and Regulation changes were proposed by the Community Gardens Rules and Regulations Ad Hoc committee and recommended by the Community Gardens Advisory Committee on May 17, 2017. Staff presented recommendations for changes to the Community Gardens Program at the October 19, 2017 Recreation and Parks Commission meeting. Staff is requesting authority for the Director of Community and Cultural Services to promulgate these rules. The rules and regulations changes define what active gardening entails, include specifications and limitations on garden plot fencing and encourage volunteer opportunities for community gardeners to participate in education and outreach programs which engage the community in gardening. These modifications reflect the evolving nature of community gardening and the expectations associated with being good stewards of the environment. Creating a permit system and adding rules and regulations about active gardening will expedite the program’s annual processes and clarify expectations of participants. These 4 of 4 changes, however, will not directly create more capacity in the program, address term limits, or diminish wait times. The Community Gardens Advisory Committee has created a standing sub-committee to explore options to expand community gardening opportunities. This group met for the first time on October 30, 2017. Any recommendations for policy or other changes that would reduce wait times or otherwise expand capacity will go to the Community Gardens Advisory Committee and the Recreation and Parks Commission before being presented to Council. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Anne Deasey, Executive Administrative Assistant Approved Forwarded to Council Attachments: A. CommGarden_R&Rs_12-17 B. Good Neighbor Policy C. Resolution D. Written Comment EXHIBIT 2 1 COMMUNITY GARDENS RULES AND REGULATIONS Please read carefully. Your Community Garden Permit obligates you to abide by these Rules and Regulations. SANTA MONICA COMMUNITY GARDEN PURPOSE City of Santa Monica provides City property to residents to garden and promote community sustainability. The Community Garden Program also encourages resident gardeners to be active while practicing organic gardening of plants, flowers, fruits, vegetables and herbs for the gardener’s pleasure and consumption while promoting a community of gardening neighbors. GENERAL 1. The Community Gardens have been established to ensure an opportunity for active participation in the Community Gardens Program for residents of the City of Santa Monica. 2. 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 Recreation Division. 3. Garden plots may be reserved under a Garden Permit for a period of up to twelve (12) months at an annual fee established by the City, commencing on July 1st of each year or as a plot becomes available throughout the year. All Garden Permits expire on June 30th of the following year. 4. All interested Santa Monica residents will be assigned plots within the garden area when available on a one (1) plot per household basis. 5. Plots are available to Santa Monica residents only. 6. Commercial use of plots is not allowed. 7. Gardening hours are from sunrise to sunset. 8. No permittee shall enter a garden plot other than his or her own without that permittee’s permission. EXHIBIT 2 2 9. Permittee may not assign his or her garden plot to another individual. Doing so will result in immediate loss of permit for that plot. 10. A Garden Permit will be entered into between the City and the permittee. 11. To build a community of gardens and gardeners, everyone is welcomed and encouraged to be a part of at least one of our community garden events, activities, or projects. Suggested volunteer opportunities include but are not limited to: • Attend a bi-monthly Advisory Committee Meeting • Help with or attend the Annual Pot Luck • Assist at our booth at the Santa Monica Festival or other Community Outreach event • Assist fellow gardeners to keep the community plots clean and free of weeds • Conduct a gardening related seminar for other gardeners and the community • Write a gardening related article for the bi-monthly Gardening And Community series in the Santa Monica Daily Press • Checking the locks at the Main Street Garden • Lead a tour of your garden for a local group • Offer assistance at the Ishihara Learning Garden • Monitoring of Gates • Assisting another gardener during extended absence such as illness or vacation • Reach out to a Site Representative for details and to sign up. PERMITTEES 1. Permittee must show proof of City of Santa Monica residency (valid California Identification or California Driver’s License, and a residence utility bill). 2. A gardening plot permit will be issued to Santa Monica residents only with a maximum of one (1) plot per household. 3. Garden plots will be assigned to eligible Santa Monica residents on a first come, first served basis. 4. Permittees shall be respectful and courteous to other gardeners and staff; and conduct themselves in the Permit Area in a manner consistent with good neighbor policies. EXHIBIT 2 3 PERMIT FOR GARDEN USE 1. Eligible gardeners may be assigned a garden plot for the remainder of the current fiscal year with a non-transferable option to renew every fiscal year. 2. All Garden Permits expire on June 30. 3. Permittees desiring to renew their plot assignment may do so by applying thirty (30) days before their current Garden Permit expires. MAINTENANCE OF THE GARDENS 1. City’s Responsibilities 1.1 City will provide water to within ten (10) feet of each garden plot. 1.2 Refuse collection will be provided at the gardens based on the collection schedule of the Resource Recovery and Recycling Division, Public Works Department. 1.3 The structure of the pathways and exterior perimeter fences will be maintained by the City. 1.4 City will conduct inspections and issue non-compliance notices to gardeners not properly maintaining their gardens. 1.5 The City has no other responsibilities except those stated above. 2. Permittee’s Responsibilities 2.1 Permittee may not apply any materials or substances to the pathways without City approval. 2.2 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 permittee from fulfilling his or her gardening responsibilities. A. Garden beds have seeded, young or flourishing plants. Beds may be covered, in whole or in part, with living mulch or mulched with materials including, but not limited to hay, burlap, or other permeable materials as a transition or short-term temporary measure. B. Monthly attention and cultivation are evident. Minimal weeds. EXHIBIT 2 4 C. The majority of the plot is under cultivation. D. Hardscape suits gardening needs. E. Should gardener decide to install automatic timer and drip irrigation, City Staff must be informed and an inspection of the system should take place. City Staff have the right to manually turn on the timer for routine inspections. Gardeners must inspect system regularly and repair any leaks. These systems should not be used as a substitution for visiting the garden. 2.3 Ultimately, it is the responsibility of the permittee for the condition of their garden during an absence. Should the condition of the garden not meet the requirements of the Rules and Regulations, permittee recognizes that a violation may be issued in their absence. A. Permittee shall not pay for ongoing professional gardening help in lieu of performing the work themselves. (No professional gardeners and/or landscapers.) B. Permittee may name up to 4 unpaid Garden Assistants either within permittee’s household, or outside their household. C. If a gardener requires a paid assistant for a short term project, City Staff must be notified of the arrangement prior to work commencing and the assistant must be added to the permit. D. At least one (1) person named in the Garden Permit must be present when gardening is occurring, which may be the Gardener or the Garden Assistant. Persons named in the Garden Permit must perform the majority of work except during vacation (typically no more than three months) or short term illness for which the permittee must notify the City. Should a permittee need an extended period of absence, the City may consider it on a case-by case basis. E. A Gardening Assistant may not be another permittee. 2.4 Each permittee will provide his or her own tools, supplies, seeds, etc. 2.5 New permittees must have their plots cleared and cultivation started within one (1) month of the plot assignment. 2.6 Invasive plants, weeds and grass, including but not limited to: morning glory, palm, bamboo, kudzu vine, mallow, horsetail and false garlic must be removed. In addition plants generating EXHIBIT 2 5 ‘runners’ which encroach into other plots, need to be restricted to a gardener’s own plot OR planted in containers with a saucer under the container. Such plants include but are not limited to: wild fennel, mints, and berries. These may not be grown within 1 foot of neighboring plots. Should ‘runners’ migrate into other plots permittee can receive a violation. 2.7 The following guidelines must be observed in order to protect the open space and access to sunshine: A. All growth and property must remain within plot boundaries, which includes airspace between plots. All vegetation, structures, frames, etc., must not shade other gardens. 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 with saucer (or equivalent) underneath to prevent in-ground rooting. 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. E. 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 permittee. Plant growth on exterior fences at Euclid Park is strictly prohibited. F. Permittee shall make a best effort not to create habitats which attract rodents. G. Fences are only allowed at Main Street Garden. All gardens fences need to meet the following conditions*:  Made of material that allows for plot visibility  Does not shade neighbor’s plot.  Be secured, safe, tidy, stable and in good repair.  Be safe, free of protruding nails, wood, aged broken parts, rusty, or other materials that could cause injury.  Cement shall not be used to secure fence posts. EXHIBIT 2 6  Spikes to secure fence posts shall not be greater than 1 foot. *Main Street Garden fences already in existence that are modified or repaired shall not exceed 4 feet in height H. Beginning July 1, 2018, in line with Annual Permits, no new fences are permitted at Main Street. Permittee must notify City Staff and receive permission for any changes. All modifications and repairs must meet listed fence requirements. 2.8 Only materials needed for gardening may be stored in the plot. All storage must be orderly. 2.9 Santa Monica Community Gardens are organic gardens, therefore the use of commercially available synthetic or chemical fertilizers, pesticides, herbicides or amendments is prohibited. Only products that are labeled as OMRI Approved (OMRI.org), or USDA Organic Approved (USDA.gov) are acceptable. If you have questions about a product you wish to use, please ask your Site Representative or City Staff. 2.10 Genetically engineered plants are prohibited in the City’s Community Gardens. “Genetically engineered plants" means plants that are created by artificially cutting and splicing genes of different unrelated plants to create a whole new plant species with different qualities from the original plant. 2.11 No animals are permitted off-leash in the garden area. No permittee may allow his or her animal to enter another permittee’s plot without that permittee’s permission. 2.12 Repeated 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 (3) weeks of the date of notification. If the violation is not corrected within three (3) weeks, another violation notice will be issued. A maximum of three (3) violation notices will be allowed within twelve (12) consecutive months. If a fourth violation occurs within the twelve (12) month period, the Permit will be terminated and the gardener will have fourteen (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. EXHIBIT 2 7 B. Three (3) volunteer gardeners approved at a noticed Community Gardens Advisory Committee meeting shall walk the gardens once a month between City Inspections 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 (3) days to aid City staff in conducting inspections. The volunteer gardeners performing this function will rotate every six (6) months. GARDEN PERMIT FEE 1. An annual Community Garden Permit fee shall be charged to partially off-set City maintenance expenses related to the operations of the gardens. The fee will be reviewed and established annually by the City Council. COMMUNITY GARDENS ADVISORY COMMITTEE 1. The Community Gardens Advisory Committee has been established to ensure the proper operation of the Community Gardens and to ensure opportunity for active participation in the Community Gardens Program. Representatives to the Advisory Committee are seated in accordance with the approved Community Gardens Advisory Committee Operational Guidelines. Permittees and people on the wait list are encouraged to attend the Advisory Committee meetings to discuss operational issues, present new ideas and suggestions to improve garden operations, and discuss other garden- related matters. For information on Committee meetings, please contact the Department of Community and Cultural Services, Community Recreation Division at (310) 458-8573. Adopted, City Council: January 10, 2006 Amended, City Council: December 5, 2006 * Pilot Plot Division Program Guidelines Implemented February 8, 2007, Removed May 17, 2017 C:\users\esterlina.lugo\appdata\roaming\iqm2\minutetraq\santamonicacityca@santamonicacityca.iqm2.com\work\attachments\5598. docx Santa Monica Community Gardens Good Neighbor Policy Approved: September 9, 2008 The dictionary defines COMMUNITY as a social group sharing common characteristics or interests and perceived or perceiving itself as distinct in some respects from the larger society within which it exists. We encourage each of you to get to know your Community Garden neighbors and communicate in a positive manner together to resolve mutual concerns. The Community Gardens are becoming more visible to the larger community of the City of Santa Monica. In these days of growing concerns about food safety and the diminishing open space, one of the goals of the Community Gardens Advisory Committee is to promote the need for more community gardens within the City. We must be aware of our impact on the surrounding neighborhood and strive to maintain gardens that our local community wants to support. The Community Gardens Advisory Committee has recommended the following guidelines to be good neighbors to the local community. o Perimeter gardens along the exterior fences must be weeded outside the fence that borders the sidewalk. o Look at your garden from all sides, particularly if you were to view it from the sidewalk or parking lot. Does it look attractive? Please store tools and materials away from the fence. o Prevent the development of potential rabbit and rodent habitat by avoiding the creation of plant material piles and stacks of wood. o Harvest vegetables when ripe. Food that is rotting in the garden will attract all types of critters. You may harvest and deliver it to the Westside Food Bank, they will gladly accept it. o Hoses are to be kept off the plants at all times. Water spigots are now on both sides of the path, usually one for every two gardens. Shut off hose at handle, as well as at the splitter shutoff, or the pressure could force a leak. Report leaks to City’s Community Gardens Supervisor promptly. o Weed along the boundaries of your garden, being aware that the wind will blow weed seeds into your neighbor’s plot. o Smoking is prohibited. C:\users\esterlina.lugo\appdata\roaming\iqm2\minutetraq\santamonicacityca@santamonicacityca.iqm2.com\work\attachments\5598. docx o Pets must be on leashes at all times. Keep your pet within the boundaries of your own garden. o Green waste must be disposed into the designated dumpster. Please keep lids closed to avoid contamination with trash and recycling. o Southern California is in a drought. Water rationing may be coming. Please be water wise. Deep watering, once a week, will save you time and water. Your plants will grow deeper roots, the better to withstand the scorching heat of the summer. Mulching around your plants with alfalfa will save water, keep the ground moist longer, keep the soil cooler, and eventually decompose and enrich your soil. o Remove plants you no longer want in your garden. We encourage you to share unwanted plants and seeds with your neighbors o Recycle empty pots on Main in the barrel west of the dumpsters. o Send all notices for the bulletin boards to the Community Recreation Division office for posting to: gardens@smgov.net From:Council Mailbox To:Ted Winterer; Gleam Davis; Pam OConnor; Sue Himmelrich; Terry O’Day; Councilmember Kevin McKeown; TonyVazquez Cc:councilmtgitems; Rick Cole; Katie E. Lichtig; Karen Ginsberg Subject:FW: Memorandum in support of Item 3H December 12, 2017 City Council Meeting Date:Tuesday, December 12, 2017 1:18:56 PM Attachments:Support for Conversion of License to Permit12.12.17.pdf Council- Please see the email below regarding the community garden license agreements. Thank you, Stephanie From: Talia Tinari [mailto:taliatinari@gmail.com]  Sent: Tuesday, December 12, 2017 11:17 AM To: Council Mailbox <Council.Mailbox@SMGOV.NET> Cc: Crisgardens@earthlink.net; Ken Hansen <kenhansen97@gmail.com> Subject: Memorandum in support of Item 3H December 12, 2017 City Council Meeting Dear City Council, Please find attached our Memorandum of Support for Agenda Item 3H; Conversion of Community Garden LicenseAgreement to Permit System, which is on the City Council agenda this evening. Thank you! Best Regards, Talia Tinari, ChairpersonSanta Monica Community Garden Advisory Committee Item 3H 12/12/2017 Item 3H 12/12/2017 To: Mayor and City Council From: Talia Tinari, Community Garden Advisory Committee Chairperson Re: Agenda Item 3.H Conversion of Community Garden License Agreement to Permit System Date: Tuesday, December 12, 2017 SUPPORT FOR CONVERSION OF GARDEN LICENSE AGREEMENT TO PERMIT SYSTEM The Community Garden Advisory Committee (CGAC) supports the conversion of license agreement to permit, and at a special meeting on October 3, 2017 the CGAC unanimously approved that conversion. That approval was predicated on neither downgrading nor diminishing the relationship of the City and Community Gardener implied in the current License Agreement. The terms and conditions of the permit are expected to be commensurate with those of the License Agreement as set forth in the resolution submitted for Council’s approval tonight. We understand this will simplify the process of assigning and renewing garden plots and will authorize the Director of Community and Cultural services, at the recommendation of the CGAC, to amend and promulgate the Community Garden’s Rules and Regulations and Good Neighbor Policy. Making the change suits efficiency and alignment of authority and can also strengthen our commitment to the long-range vision and heath of our Community Gardens program. We are very grateful to the City staff for working closely with the CGAC to ensure that conversion is amenable to keeping the community gardens program an exemplar of sustainability. Thank you. Item 3H 12/12/2017 Item 3H 12/12/2017 REFERENCE – RESOLUTION NO. 11093 (CCS)