SR 12-12-2017 3H
City Council Report
City Council Meeting: December 12, 2017
Agenda Item: 3.H
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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
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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
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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
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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
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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.
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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.
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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.
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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
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‘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.
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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.
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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
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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.
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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)