HomeMy WebLinkAbout11 - PH-2 - Fee Increase for the CM Community Garden - 1/3/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 3, 2012 ITEM NUMBER:
SUBJECT: FEE INCREASE FOR THE COSTA MESA COMMUNITY GARDENS
DATE: DECEMBER 5, 2011
FROM: PUBLIC SERVICES DEPARTMENT/RECREATION DIVISION
PRESENTATION DONNA THERIAULT, MANAGEMENT ANALYST
BY:
FOR FURTHER INFORMATION CONTACT: DONNA THERIAULT, 714-754-5636
RECOMMENDATION:
Adopt the attached Resolution increasing the community garden parcel rental fees and
key/clean-up deposit for the Del Mar and Hamilton Community Gardens (Attachment 1).
BACKGROUND:
After a recent tour of the City's Del Mar Community Garden, the Parks and Recreation
Commission requested information regarding the garden history, rules and
enforcement/reassignment processes. An agenda report was presented to the
Commission at their meeting of November 16, 2011 (Attachment 2). At that meeting, the
Commission approved a recommendation to the City Council (Minute Excerpt, Attachment
3) to increase the garden parcel rental fees and the key/clean-up deposit for the Del Mar
and Hamilton Community Gardens. This recommendation was made in an effort to attract
and retain dedicated and active gardeners, to encourage clearing of parcels and returning
of keys, and to reduce the City's subsidy of the garden operations. The proposed fee
increase as recommended by the Commission is as follows:
Current Fee
Proposed Fee
Resident/Non Profit $30 per parcel per
year
Resident/Non Profit $60 per parcel per
year
Non Resident $60 per parcel per year
Non Resident $120 per parcel per year
One Time Key Deposit $20
One Time Key/Clean-up Deposit $120
The City owns and operates two community gardens. The Del Mar Community Garden
located on Del Mar Avenue has been in existence for over 10 years and has 60 garden
parcels approximately 15 feet by 15 feet in size. The Hamilton Community Garden located
on Hamilton Street was established in 2004 and it has 42 parcels of the same dimension.
The parcels are rented by residents and non-residents for growing vegetables, flowers,
fruits and plants. Each calendar year, gardeners pay the annual fee and sign an
acknowledgement that they have read and will abide by the current Garden Agreement
(Attachment 4) and By -Laws (Attachment 5). Both gardens are managed and monitored
by the Management Analyst in the Recreation Division.
1
The gardeners must provide the labor, tools, seeds, plants and all other supplies, materials
and equipment necessary to work and maintain the parcel, aisles and common areas. The
City provides the irrigation, trash dumpster service, portable toilet service, and tree
chipping (mulch) deliveries. City maintenance staff maintains the irrigation systems,
fencing, kiosks, and entrance gates.
ANALYSIS:
As was noted by the Commissioners that toured the Del Mar Garden, there are a few
garden parcels that are overgrown with minimal or no garden activity. These parcels will
be reassigned to new gardeners in the next few weeks during the annual renewal process.
However, both garden locations have been experiencing a higher incidence of neglected
parcels, and gardeners abandoning their parcels without clearing them or returning their
garden key. This has required increased staff time to deal with this higher number of
neglected and overgrown parcels.
Throughout the year when a gardener is failing to keep their parcel in a neat and weed -free
condition, or when complaints are received from the neighboring gardeners, staff will notify
the offending gardener by e-mail or telephone and request the parcel be cleaned within 2
weeks. If the violation is not corrected within the given time frame, a second contact is
made. Contacts will continue until the violation is corrected or 3 warning/correction
contacts have been made. After the 3rd contact, a termination notice is sent via e-mail,
telephone or letter and the parcel is reassigned to the next person on the wait list. The
reassignment process can take as long as 2 months depending on the response from the
existing gardener and the person on the wait list.
Routinely, the gardeners will dispute the violations noted and will contact staff or
management to discuss the violations and outcomes. Gardeners will, in most cases,
request an extension of time to tend to the garden violation. Various reasons are given by
the gardeners for the lack of gardening activity on their part.
In addition to garden inspections, annual renewals and reassignments, the Management
Analyst handles the following garden duties:
♦ Resolves complaints from the gardeners or the garden neighbors.
♦ Responds to e-mails and phone calls requesting placement on the wait list or for
garden information.
♦ Works with the Costa Mesa Sanitary District on planning composting workshops.
♦ Distributes Master Gardener educational workshop information.
♦ Conducts tours of the garden for interested groups or students.
♦ Organizes non-profit clean-up events when available.
♦ Works with the surrounding residents and homeowner's associations for vine and
shrub encroachment and fence damage repair.
♦ Request needed maintenance/pest control services, mulch deliveries, and monitors
the contracts for the portable toilet service.
In an effort to prevent gardeners from allowing their parcels to become overgrown or
neglected, the Parks and Recreation Commissioners recommend the City increase the
parcel rental fee and the key/clean-up deposit. It is hoped the higher parcel rental fee will
be an incentive for the less active gardeners to put more effort into their parcels or give
2
them up and allow someone on the wait list to have a garden parcel. In addition, the higher
parcel rental fee will provide a greater cost recovery for the City.
Staff has contacted several surrounding cities that have community gardens on public
property and whose gardens are managed and maintained by city staff. The cities
surveyed are Dana Point, Garden Grove, Orange and Irvine (Attachment 6). The garden
parcel fees charged by these cities vary due to their size, the amenities provided by the
city, and the amount of staff time spent managing the gardens.
Should the Council approve the resolution, the fee increase would be effective March 1,
2012. Since the gardeners have paid the current fee for 2012, they will be invoiced for the
difference between the current fee and the approved fee.
ALTERNATIVES CONSIDERED:
1. The Council could choose to change the parcel fees and key/clean up deposit to
some other amount that does not exceed the reasonable cost of providing the
garden program of $206 per parcel as shown in Exhibit A to attached Resolution
(Attachment 1). However, increasing the garden parcel fee higher than the
proposed amount would put the fee above the fee amounts charged by the
surrounding cities.
2. In addition to the fee increase, Council could choose to eliminate the portable
toilet service which would result in a reduction in City costs of $2,929 per year.
This alternative is similar to the situations in the community gardens in
surrounding cities. No other city provides portable toilet service for their gardens.
FISCAL REVIEW:
The garden parcel fees have not been increased in over 5 years. The Parks and
Recreation Commission is recommending an increase of $30 for residents and $60 for
non-residents with an increase to the one time deposit amount. This fee increase could
increase the City's annual revenue from $3,450 per year to approximately $6,900 per
year. All revenue collected helps offset the current estimated annual cost of $21,048 to
provide the program. Reductions in service level (portable toilets) could reduce the
overall program cost.
LEGAL REVIEW:
The City Attorney's Office has prepared the attached Resolution and approved it as to form
and content.
CONCLUSION:
The City of Costa Mesa has two (2) community gardens with a total of 102 parcels
assigned to community members. In an effort to attract and retain dedicated and active
gardeners, to encourage clearing of parcels and returning of keys, and to reduce the City's
subsidy of the garden operations, staff is recommending the parcel rental fee and
key/clean-up deposit be increased.
3
DONNA THERIAULT
Management Analyst
BOBBY YOUNG
Finance and IT Director
DISTRIBUTION: City Staff
ERNESTO MUNOZ
Interim Director, Public Services
Department
ATTACHMENTS: 1.
Resolution
2.
Parks and Recreation Commission
3.
Commission Action Minute Excerpt
4.
Garden Agreement
5.
Garden By -Laws
6.
City Garden Survey
12
91
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADOPTING
INCREASED FEES FOR THE RENTAL OF PARCELS AT
THE DEL MAR AND HAMILTON COMMUNITY
GARDENS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, In November 2008, the City Council of the City of Costa Mesa
established fees for the rental of garden parcels at the Del Mar and Hamilton
Community Gardens; and
WHEREAS, this City Council desires to adjust the fees as described in
Exhibit "A" attached hereto and by this reference incorporated herein; and
WHEREAS, this City Council has conducted a duly noticed public hearing
with respect to the fees prior to the adoption of this Resolution; and
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1: This City Council finds and determines that based upon the
data, information, analysis, oral and written documentation presented to this City
Council concerning the Community Garden Parcel fees described in Exhibit "A"
attached hereto and by this reference incorporated herein, the fees set forth in
said Exhibit "A" do not exceed the established reasonable cost of providing the
service for which the fees are levied.
Section 2: The fees set forth in Exhibit "A" shall be effective and shall
be implemented commencing March 1, 2012, which is at least 30 days after
Council adoption.
ATTACHMENT
PASSED AND ADOPTED this _day of
Gary Monahan, Mayor
, 2012.
ATTEST: APPROVED AS TO FORM:
Julie Folcik, City Clerk Tom Dua e, ity ttorney
ATTACHMENT 1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the day of , 2012, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this day of 12012.
JULIE FOLCIK, CITY CLERK
(SEAL)
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ATTACHMENT 2
PARKS AHD RECREA TION
COMM/SS/OH AGENDA REPORT
MEETING DATE: NOVEMBER 16, 2011
SUBJECT: COMMUNITY GARDENS
ITEM NUMBER: 10b
DATE: NOVEMBER 4, 2011
FROM: PUBLIC SERVICES DEPARTMENT/RECREAI"ION DIVISION
PRESENTATION BY: DONNA THERIAULT, MANAGEMENT ANALYST
FOR FURTHER INFORMATION CONACT: DONNA THERIAULT, MANAGEMENT ANALYST, AT
714-754-5636
RECOMMENDATION
Provide staff direction for possible recommendations to City Council.
BACKGROUND
At the September 28, 2011 Commission meeting a request was made to provide
information regarding the City's Community Garden history, rules and
enforcement/reassignment processes.
The City has two community gardens with a total of 102 parcels. The Del Mar
Community Garden on Del Mar Avenue has been in existence for over 10 years and has
60 garden parcels approximately 15 feet by 15 feet in size. The Hamilton Community
Garden on Hamilton Street was established in 2004 and it has 42 parcels of the same
dimension. The parcels are rented by residents and non-residents for growing
vegetables, Flowers, fruits and plants. The cost to rent a parcel from January to
December is $30.00 for residents, $60.00 for non-residents, and a one=time $20 key
deposit. Each calendar year, gardeners pay the annual fee and sign an
acknowledgement that they have read and will abide by the current garden Agreement
(Attachment 1) and By -Laws (Attachment 2). Both gardens are managed and monitored
by the Management Analyst in the Recreation Division.
The gardeners must provide the labor, tools, seeds, plants and all other supplies,
materials and equipment necessary to work and maintain the parcel, aisles and common
areas. The City provides the irrigation, trash dumpster service, portable toilet service, and
tree chipping (mulch) deliveries. City maintenance staff maintains the irrigation systems,
fencing, kiosks, and entrance gates.
ANALYSIS
Garden parcels are held for a 12 -month period, January to December and must be
renewed annually. In November, the Management Analyst prepares renewal packets that
are sent to all 102 gardeners. If the parcel is not renewed by the December deadline
date, the parcel will be assigned to the next person on the wait list. Currently, each
garden has a two-year wait list with 20-25 names on each list.
ATTACHMENT 2
Parcel fees are not pro -rated. Therefore, if a parcel is abandoned anytime after
September 30th, staff will normally leave the parcel vacant until the annual renewal
process in December. If a parcel were to be reassigned in October, November or early
December, the applicant will pay $30 at the time of parcel assignment and then will owe
another $30 a few weeks or months later for the next year's renewal.
Throughout the year, the Management Analyst will inspect the gardens to make sure the
gardeners are complying with the garden Agreement and By -Laws. Staff will notify the
gardeners by e-mail or telephone of any violations noted during the inspection. If the
violation is not corrected within two (2) weeks of the date of notification, a second
contact is made. Contacts will continue until the violation is corrected or 3
warning/correction contacts have been made. After the 3rd contact, a termination
notice is sent via e-mail, telephone or letter and the parcel is reassigned to the next
person on the wait list. The reassignment process can take as long as 2 months
depending on the response from the existing gardener and the person on the wait list.
Routinely, the gardeners will dispute the violations noted during an inspection and will
contact staff or management to discuss the violations and outcomes. Gardeners will, in
most cases, request an extension of time to tend to the garden violation. Various reasons
are given by the gardeners for the lack of gardening activity on their part. With budget
and staffing cut backs, the gardens have not been inspected as often as desired.
In addition to garden inspections, annual renewals and reassignments, the Management
Analyst handles the following garden duties:
♦ Resolves complaints from the gardeners or the garden neighbors.
♦ Responds to e-mails and phone calls requesting placement on the wait list or for
garden information.
♦ Works with the Costa Mesa Sanitary District on planning composting workshops.
♦ Distributes Master Gardener educational workshop information.
Conducts tours of the garden for interested groups or students.
♦ Organizes non-profit clean-up events when available.
♦ Works with the surrounding residents and homeowner's associations for vine and
shrub encroachment and fence damage repair.
♦ Request needed maintenance/pest control services, mulch deliveries, and
monitors the contracts for the portable toilet service.
Staff has contacted several surrounding cities and requested information on their garden
operations (Attachment 3). The cities of Dana Point, Garden Grove, Orange, and Irvine
have city owned and operated community gardens. The cities of Newport Beach,
Huntington Beach, Fullerton and Santa Ana have community gardens on city owned or
other public property that are managed and operated by non-profit organizations, clubs or
committees. The City of Fountain Valley does not have a community garden.
ALTERNATIVES CONSIDERED
Commissioners could choose to receive and file the report and take no further action.
LEGAL REVIEW
No legal review required on this item.
2
ATTACHMENT 2
FISCAL REVIEW
The City provides approximately $20,600 per year or $200 per parcel to operate the two
gardens. The majority of the cost is for staff time spent managing, inspecting, and
maintaining the gardens. Revenue collected from the garden fees is $3,450 per year.
CONCLUSION
The City of Costa Mesa has two (2) community gardens with a total of 102 parcels
assigned to community members. Each parcel is renewed on an annual basis. During
the year, City staff monitors the gardener's compliance with the garden Agreement and
,By -Laws and will reassign parcels when required.
DONNA THERIALILT ERNESTO MU OZ
Management Analyst Interim Director, Public Services
Department.
Attachment: 1.
2.
3.
Garden Agreement
Garden By -Laws
City Survey
3
-`` ATTACHMENT 2
Costa Mesa ATTACHMENT 1
CITY OF COSTA MESA
Public Services Department - Recreation Division
Community Garden Agreement
This Agreement is made this 1 st day of January, 2012, by the City of Costa Mesa, a municipal corporation
("City") and "Gardener".
City has established an area for a Community Garden on property owned by the City at the address noted below.
The Community Garden will be divided into parcels in an area of approximately 15 feet by 15 feet. Gardeners
entering into this agreement, and when City is willing to allow Gardener to do.so, are subject to the terms and
conditions herein contained. Violation of this agreement and/or Bylaws shall be grounds for termination of
privileges afforded to the Gardener by this Agreement.
NOW, THEREFORE, it is agreed by and between both parties hereto as follows:
1. Gardener is hereby granted the privilege, after paying required fees, (fees are not pro -rated) of using their assigned
garden parcel within the Del Mar or Hamilton Community Garden.
2. Gardeners are not permitted to transfer or sell their assigned parcel to another person.
City will provide: Parcel for gardening, a water source, gate key, parking area (Del Mar Garden only), and trash
containers as needed. Gardener shall provide: labor, tools, seeds, plants and all other supplies, materials and
equipment necessary to work the parcel.
4. City shall have the right, at any time, to enter and inspect any parcel, Gardeners must maintain their parcel in a clean,
neat and weed free condition at all times. A maximum of 3 requests to clean parcel will be given. Fourth contact
will be notification that your parcel will be reassigned.
5. The City of Costa Mesa is not responsible for any notices that the gardener does not receive due to change of address,
e-mail or phone number. It is the gardener's responsibility to notify the City of any change of contact information.
6. Gardeners shall follow the rules of this Agreement and the attached By-laws of the Community Garden, heretofore or
hereafter, established by the Recreation Manager. If a violation is found, gardeners will be notified by e-mail,
telephone or in writing of the violation. If the violation is not corrected within two (2) weeks of the date of notification,
the parcel will be considered abandoned. Violation of this agreement and/or Bylaws shall be grounds for termination of
privileges afforded to the Gardener by this Agreement. Termination notification will be sent via e-mail, telephone or in
writing.
7. Gardener agrees to waive and release the City of Costa Mesa, its officers, agents, employees and volunteers from and
against any claims, costs, liabilities, expenses or judgments, including attorney's fees and court costs arising out of
participation in City Community Garden Program, or any illness or injury resulting therefrom, and hereby agree to
indemnify and hold harmless the City from and against any and all claims, except illness and injury resulting directly
from gross negligence or willful misconduct on the part of City or its employees. Gardener further agrees to indemnify
and hold harmless the City from and against any and all claims, except illness and injury resulting directly from gross
negligence or willful misconduct on the part of City or its employees made by guests, invitees or other persons coming
into the Garden premises at the actual or implied invitation or consent of the Gardener. Gardener understands that City
will not be responsible for Gardener's parcel or for any personal property, which Gardener may bring into the Garden.
8. The City may terminate this agreement for any reason with 30 days written notice.
9. This agreement expires on December 31, 2012.
By Signing the Garden Renewal Application form, I acknowledge that I have read the Community Garden Agreement and
agree to abide by all rules and regulations.
Costa Mesa
ATTACHMENT 2
ATTACHMENT 2
City of Costa Mesa
Public Services Department - Recreation Division
Community Garden By -Laws
The Community Garden Program has been developed to provide gardeners the opportunity to actively grow food, flowers
and plants for personal enjoyment, and not for resale.
Garden hours: Monday - Saturday, 8:00 a.m. to dusk; Sunday, 9:00 a.m. to dusk.
Motorized Equipment Cannot Be Used Before 9:00 a.m. on Saturday and 11:00 a.m. on Sunday.
1. Parcels will be assigned by the Public Services Department, Recreation Division. The City may assign parcels to
community/charitable organizations as appropriate.
2. There is a limit of one garden parcel per household. Parcels must be actively gardened. Parcels not actively
gardened will be reassigned after 3 warning contacts.
3. Animals are not permitted in the garden area including dogs or pets on a leash.
4. All crops grown are for personal consumption or gifts - not for commercial use or resale.
5. The City is not responsible for the theft of crops, tools, or personal belongings.
6. Gardeners may not use any type of chemical product on any parcel.
7. Alcohol consumption, and loitering in the garden after dusk is prohibited in the garden or in parking lot area.
8. All garden parcels must be kept in a clean, neat and weed free condition at all times. Gardeners must maintain the
aisle way surrounding their parcel and keep them in a clean, neat and weed free condition. Gardeners are
encouraged to spread bark in the aisle way to inhibit the growth of weeds, reduce dust, and cover mud.
9. All material, plants, pots, supplies, tools, bins, branches, vines, etc., must remain within the parcel boundary at all
times. All aisles must be free and clear of all plants, tools, pots, etc. Plants whose growth extends into the aisle way
must be kept trimmed and out of the aisle way. Gardeners are not permitted to place any item, plant or grow any
seed, plant, shrub, tree, or vine on or near the garden fencing. Anything grown or placed in common areas or
against the fences will be removed by the City without notice.
10. All items used in the parcel must be appropriate for gardening. Frames constructed of simple stakes, string, or
prefabricated lightweight wire frames available at nurseries will be allowed. Household items such as baby gates,
tires, bookcases, shelves, construction material, screen doors, mailboxes or other similar items are not permitted.
11. Private vehicles may load/unload supplies or equipment only in the common area and only for the time needed to
load/unload. No vehicles are allowed in the aisles at any time.
12. Garden parcels are limited to approximately 15' x 15' boundaries. City shall, at City convenience, re -stake and
verify parcel boundaries as needed. Gardeners are not allowed to extend their garden or encroach into the common
area or into another parcel.
13. Trees, plants, trellis, archways, or any other item in the parcel must not exceed 6 feet in height or unreasonably cast
shade onto any other parcel. If any item does cast shade or impact another parcel in any way, the gardener will trim
and/or adjust the heights or take other necessary measures to eliminate the impact on the other parcel.
14. No standing water is allowed. All watering must be contained within parcel boundary, with no overflow.
15. Upon termination of garden contract, it is the responsibility of the gardener to clear the parcel. If a parcel is not
cleared, the key deposit will not be refunded.
16. Violation of this agreement and/or Bylaws shall be grounds for termination of privileges afforded to the Gardener.
17. Any unsafe condition should be brought to the attention of the Recreation Division at (714) 754-5300.
ANY GARDENER WHO DOES NOT COMPLY WITH THESE BY-LAWS WILL BE ASKED TO SURRENDER THEIR GARDEN
PARCEL AND GATE KEY, WITHOUT REFUND.
By Signing the Garden Renewal Application form, I acknowledge that I have read the Community Garden By -Laws and
agree to abide by all rules and regulations.
0
Community Garden Survey
ATTACHMENT 2
ATTACHMENT 3
Organization Name:
City of Dana Point
City of Garden Grove
City of Orange
City of Irvine
City of Costa Mesa
Numer of parcels
46 parcels - 1 location
60 parcels - 2 locations
50 parcels - 1 location
24 parcels - 2 locations
102 parcels - 2 locations
Size of the parcels
20x20 and 10x20
10x10
15 x 20
Various
15 x 15
$75/yr for City residents and
Membership fee of $15 plus fee
$30/yr for City residents and $60/yr
Fee per parcel
$75/yr for large parcel.
$45/yr
$100/yr for non-residents A $100
based on square footage. $17 -
for non-residents. A $20 one-time
$35/yr for small parcel
p
one-time deposit is also required
$20 - $23 - $26
key and clean-up deposit is also
repwired
Can gardeners renew their hold on
parcels indefinitely?
Yes
Yes
Yes
Yes
Yes
Is an individual gardener allowed to
hold more than one parcel at a
No
N,
Each gardener is allowed to lease
No
1 parcel per l-uwsehold. One family is
time?
as many as 3 plots each.
grandfathered in with 2 parcels.
Are non-residents allowed to hold
parcels?
No
Yes
Yes
Yes
Yes
What is the agency's annual
revenue, presuming all parcels are
$2,810
$2,700
$4,200
$1,000
$2,100 for Del Mar $1,for
rented?
Hamilton. Total=$3,4S450
Are there any vacant parcels
current)
No
No
No
No
Yes
Is there a waiting list for future
20 on the wait list
18 on the wait list
15 on the wait list
20 on the wait list
25 on each wait list
vacantparcels?
Are non-residents given a different
priority than residents on the
N/A
No
No
No
No
waiting list?
Who maintains the common areas
City of Orange Community
City staff maintains the irrigation,
(aisles, planters, parking lots, waste
City staff maintains the
Gardeners -monthly weed day
Services Department -Parks
Gardeners and volunteers
fencing, trash enclosure & parking
bins, etc.)?
common area
Division
lot. Gardeners maintain common
areas, aisles, etc.
Who manages the garden?
City staff
One of the gardeners voted by
City staff
City staff &volunteers
City staff
the other gardener,
ATTACHMENT 3
Parks & Recreation Commission
November 16, 2011
Action Agenda — Page 4
9
10.
STAFF RECOMMENDATION
Old Business
a. Park Tours
Chairman Jeff R. Mathews and Commissioner Ethan Temianka Volunteered for the
next park tour scheduled for Saturday, December 10, 2011.
New Business
a. Renewal of the User Agreement with the Harbor Soaring Recommend to City Council
Society and Review of Flying Field Improvements at with conditions
Fairview Park
- Agenda Related Documents
MOTION made by Commissioner Ethan Temianka, seconded by Vice Chairman Kim
Pederson and carried four to zero, with Commissioner Dan Vozenilek being absent, to
recommend the following to the City Council:
1. To restructure the Fairview Park Citizens Advisory Committee;
2. To renew the user agreement with the Harbor Soaring Society for use of Fairview
Park for one (1) year; and,
3. To deny the request for the proposed additional grading at Fairview Park.
b. Community Gardens
- Agenda Related Documents
Provide staff direction
MOTION made by Commissioner Dean Abernathy, seconded by Vice Chairman Kim
Pederson and carried three to one, with Commissioner Ethan Temianka voting "No"
and Commissioner Dan Vozenilek being absent, to recommend the following to the
City Council:
1. Increase the annual fee as follows
Residents: $30 to $60
Non -Residents: $60 to $120
2. Increase the Key/Clean-Up Deposit fee to $120
C. Tree Removal Request - 2822 Ellesmere Avenue Deny
MOTION made by Vice Chairman Kim Pederson, seconded by Commissioner Ethan
Temianka and carried four to zero, with Commissioner Dan Vozenilek being absent,
to deny the request for removal and replacement of up to three City -owned parkway
trees located in the public right-of-way at 2822 Ellesmere Avenue.
ATTACHMENT 4
Costa Mesa
CITY OF COSTA MESA
Public Services Department - Recreation Division
Community Garden Agreement
This Agreement is made this 1st day of January, 2012, by the City of Costa Mesa, a municipal corporation
("City") and "Gardener".
City has established an area for a Community Garden on property owned by the City at the address noted below.
The Community Garden will be divided into parcels in an area of approximately 15 feet by 15 feet. Gardeners
entering into this agreement, and when City is willing to allow Gardener to do so, are subject to the terms and
conditions herein contained. Violation of this agreement and/or Bylaws shall be grounds for termination of
privileges afforded to the Gardener by this Agreement.
NOW, THEREFORE, it is agreed by and between both parties hereto as follows:
1. Gardener is hereby granted the privilege, after paying required fees, (fees are not pro -rated) of using their assigned
garden parcel within the Del Mar or Hamilton Community Garden.
2. Gardeners are not permitted to transfer or sell their assigned parcel to another person.
3. City will provide: Parcel for gardening, a water source, gate key, parking area (Del Mar Garden only), and trash
containers as needed. Gardener shall provide: labor, tools, seeds, plants and all other supplies, materials and
equipment necessary to work the parcel.
4. City shall have the right, at any time, to enter and inspect any parcel. Gardeners must maintain their parcel in a clean,
neat and weed free condition at all times. A maximum of 3 requests to clean parcel will be given. Fourth contact
will be notification that your parcel will be reassigned.
5. The City of Costa Mesa is not responsible for any notices that the gardener does not receive due to change of address,
e-mail or phone number. It is the gardener's responsibility to notify the City of any change of contact information.
6. Gardeners shall follow the rules of this Agreement and the attached By-laws of the Community Garden, heretofore or
hereafter, established by the Recreation Manager. If a violation is found, gardeners will be notified by e-mail,
telephone or in writing of the violation. If the violation is not corrected within two (2) weeks of the date of notification,
the parcel will be considered abandoned. Violation of this agreement and/or Bylaws shall be grounds for termination of
privileges afforded to the Gardener by this Agreement. Termination notification will be sent via e-mail, telephone or in
writing.
7. Gardener agrees to waive and release the City of Costa Mesa, its officers, agents, employees and volunteers from and
against any claims, costs, liabilities, expenses or judgments, including attorney's fees and court costs arising out of
participation in City Community Garden Program, or any illness or injury resulting therefrom, and hereby agree to
indemnify and hold harmless the City from and against any and all claims, except illness and injury resulting directly
from gross negligence or willful misconduct on the part of City or its employees. Gardener further agrees to indemnify
and hold harmless the City from and against any and all claims, except illness and injury resulting directly from gross
negligence or willful misconduct on the part of City or its employees made by guests, invitees or other persons coming
into the Garden premises at the actual or implied invitation or consent of the Gardener. Gardener understands that City
will not be responsible for Gardener's parcel or for any personal property, which Gardener may bring into the Garden.
8. The City may terminate this agreement for any reason with 30 days written notice.
9. This agreement expires on December 31, 2012.
By Signing the Garden Renewal form, I acknowledge that I have read the Community Garden Agreement and agree to
abide by all rules and regulations.
Costa Mesa
City of Costa Mesa
Public Services Department - Recreation Division
Community Garden By -Laws
ATTACHMENT 5
The Community Garden Program has been developed to provide gardeners the opportunity to actively grow food, flowers
and plants for personal enjoyment, and not for resale.
Garden hours: Monday - Saturday, 8:00 a.m. to dusk; Sunday, 9:00 a.m. to dusk.
Motorized Equipment Cannot Be Used Before 9:00 a.m. on Saturday and 11:00 a.m. on Sunday.
1. Parcels will be assigned by the Public Services Department, Recreation Division. The City may assign parcels to
community/charitable organizations as appropriate.
2. There is a limit of one garden parcel per household. Parcels must be actively gardened. Parcels not actively
gardened will be reassigned after 3 warning contacts.
3. Animals are not permitted in the garden area including dogs or pets on a leash.
4. All crops grown are for personal consumption or gifts - not for commercial use or resale.
5. The City is not responsible for the theft of crops, tools, or personal belongings.
6. Gardeners may not use any type of chemical product on any parcel.
7. Alcohol consumption, and loitering in the garden after dusk is prohibited in the garden or in parking lot area.
8. All garden parcels must be kept in a clean, neat and weed free condition at all times. Gardeners must maintain the
aisle way surrounding their parcel and keep them in a clean, neat and weed free condition. Gardeners are
encouraged to spread bark in the aisle way to inhibit the growth of weeds, reduce dust, and cover mud.
9. All material, plants, pots, supplies, tools, bins, branches, vines, etc., must remain within the parcel boundary at all
times. All aisles must be free and clear of all plants, tools, pots, etc. Plants whose growth extends into the aisle way
must be kept trimmed and out of the aisle way. Gardeners are not permitted to place any item, plant or grow any
seed, plant, shrub, tree, or vine on or near the garden fencing. Anything grown or placed in common areas or
against the fences will be removed by the City without notice.
10. All items used in the parcel must be appropriate for gardening. Frames constructed of simple stakes, string, or
prefabricated lightweight wire frames available at nurseries will be allowed. Household items such as baby gates,
tires, bookcases, shelves, construction material, screen doors, mailboxes or other similar items are not permitted.
11. Private vehicles may load/unload supplies or equipment only in the common area and only for the time needed to
load/unload. No vehicles are allowed in the aisles at any time.
12. Garden parcels are limited to approximately 15' x 15' boundaries. City shall, at City convenience, re -stake and
verify parcel boundaries as needed. Gardeners are not allowed to extend their garden or encroach into the common
area or into another parcel.
13. Trees, plants, trellis, archways, or any other item in the parcel must not exceed 6 feet in height or unreasonably cast
shade onto any other parcel. If any item does cast shade or impact another parcel in any way, the gardener will trim
and/or adjust the heights or take other necessary measures to eliminate the impact on the other parcel.
14. No standing water is allowed. All watering must be contained within parcel boundary, with no overflow.
15. Upon termination of garden contract, it is the responsibility of the gardener to clear the parcel. If a parcel is not
cleared, the key deposit will not be refunded.
16. Violation of this agreement and/or Bylaws shall be grounds for termination of privileges afforded to the Gardener.
17. Any unsafe condition should be brought to the attention of the Recreation Division at (714) 754-5300.
ANY GARDENER WHO DOES NOT COMPLY WITH THESE BY-LAWS WILL BE ASKED TO SURRENDER THEIR GARDEN
PARCEL AND GATE KEY, WITHOUT REFUND.
By Signing the Garden Renewal form, I acknowledge that I have read the Community Garden By -Laws and agree to abide
by all rules and regulations.
Community Garden Survey
ATTACHMENT 6
Organization Name:
City of Dana Point
City of Garden Grove
City of Orange
City of Irvine
City of Costa Mesa
Numer of parcels
46 parcels - 1 location
60 parcels - 2 locations
50 parcels - 1 location
24 parcels - 2 locations
102 parcels - 2 locations
Size of the parcels
20x20 and 10x20
10x10
15 x 20
Various
15 x 15
$75/yr for large parcel.
$75/yr for City residents and
Membership fee of $15 plus fee
$30/yr for City residents and $60/yr
Fee per parcel
$45/yr
$100/yr for non-residents A $100
based on square footage. $17 -
for non-residents. A $20 one-time key
$35/yr for small parcel
one-time deposit is also required
$20 - $23 - $26
and clean-up deposit is also required
Can gardeners renew their hold on
parcels indefinitely?
Yes
Yes
Yes
Yes
Yes
Is an individual gardener allowed to
Each gardener is allowed to lease
1 parcel per household. One family is
hold more than one parcel at a time?
No
No
as many as 3 plots each.
No
grandfathered in with 2 parcels.
Are non-residents allowed to hold
parcels?
No
Yes
Yes
Yes
Yes
What is the agency's annual
$2,100 for Del Mar. $1,350 for
revenue, presuming all parcels are
$2,810
$2,700
$4,200
$1,000
Hamilton. Total=$3,450
rented?
Are there any vacant parcels
current) ?
No
No
No
No
Yes
Is there a waiting list for future
20 on the wait list
18 on the wait list
15 on the wait list
20 on the wait list
25 on each wait list
vacantparcels?
Are non-residents given a different
priority than residents on the
N/A
No
No
No
No
waiting list?
Who maintains the common areas
City of Orange Community
City staff maintains the irrigation,
(aisles, planters, parking lots, waste
City staff maintains the
Gardeners -monthly weed day
Services Department -Parks
Gardeners and volunteers
fencing, trash enclosure & parking lot.
bins, etc.)?
common area
Division
Gardeners maintain common areas,
aisles, etc.
Who manages the garden?
City staff
One of the gardeners voted by the
City staff
City staff &volunteers
City staff
other gardeners