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R11093City Council Meeting: December 12, 2017 Santa Monica, California RESOLUTION NUMBER It 115 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CONVERSION OF THE COMMUNITY GARDEN LICENSE PROGRAM TO A PERMIT SYSTEM; AUTHORIZING THE DIRECTOR OF COMMUNITY AND CULTURAL SERVICES TO ISSUE ANNUAL PERMITS FOR COMMUNITY GARDEN PLOTS; AND AUTHORIZING THE DIRECTOR OF COMMUNITY AND CULTURAL SERVICES TO AMEND AND PROMULGATE COMMUNITY GARDEN RULES AND REGULATIONS AS WELL AS A GOOD NEIGHBOR POLICY WHEREAS, in or about 1976, the Santa Monica City Council created the Community Garden Program, ("Program"), with the first community garden plots located on Main Street and on Park Drive; and WHEREAS, the Program provides an opportunity for Santa Monica residents to garden and promotes community sustainability. The 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; and WHEREAS, on November 22, 2005, the Santa Monica City Council approved Community Garden Rules and Regulations for the Program ("Rules and Regulations"). The Rules and Regulations set forth the general operating requirements, eligibility 1 requirements, maintenance requirements, and termination of gardening privileges for violations of the Rules and Regulations; and WHEREAS, on December 5, 2006, the Santa Monica City Council banned genetically engineered plants in the Program; and WHEREAS, on or about September 9, 2008, the Community Gardens Advisory Committee recommended a Santa Monica Community Gardens Good Neighbor Policy; and WHEREAS, the City of. Santa Monica Community and Cultural Services Department currently maintains three Community Garden sites located on Main Street, Park Drive and Euclid Park, with a total of 121 individual garden plots. For each plot, the City currently executes a license agreement with each resident gardener granting a revocable one-year license to grow fruits, flowers, vegetables, and other plants that are not prohibited by the Rules and Regulations. The license provides for termination for convenience upon 14 days written notice, and for cause when a gardener becomes a non-resident of Santa Monica or where more than three notices of violation are issued within a 12 month period for a gardener's failure to comply with the Rules and Regulations; and WHEREAS, the conversion of the current license system to a digital permit system utilizing the City's recreation management software system would allow for the reduction of paper and simplification of the authorization process for the annual use of the garden plots, with the terms of use remaining essentially the same. E NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Monica hereby authorizes the conversion of the Community Garden License Program to a permit system with annual garden plot permits issued by the Community and Cultural Services Department through the Director of Community and Cultural Services ("CCS Director") or her/his designee. The garden plot permitee would be held to terms and conditions commensurate with the previous Community Garden License Agreement, with the permit fees to be established by the City Council for each fiscal year. The permit system for the Program will commence at the start of the 2018-19 fiscal year. SECTION 2. The City Council of the City of Santa Monica also authorizes the CCS Director to amend and promulgate Community Garden Rules and Regulations, as well as a Good Neighbor Policy, consistent with the underlying mission and purpose of the Community Garden Program, namely to provide residents with an opportunity to garden and to promote community sustainability. The CCS Director is further authorized to implement and to enforce the permit terms, including compliance with the Community Garden Rules and Regulations and Good Neighbor Policy. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: Lane Dilg City Attorney 3 Adopted and approved this 12th day of December, 2017. Ted Winterer, Mayor I, Esterlina Lugo, Deputy City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11093 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 12th day of December, 2017, by the following vote: AYES: Councilmembers Himmelrich, McKeown, O'Connor, O'Day, Vazquez Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None Esterlina Lugo,