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HomeMy WebLinkAbout11 - PH-1 - Fee Increase for the CM Community Garden - 2/7/2012CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 7, 2012 ITEM NUMBER: SUBJECT: FEE INCREASE FOR THE COSTA MESA COMMUNITY GARDENS DATE: FEBRUARY 1, 2012 FROM: PUBLIC SERVICES DEPARTMENT/RECREATION DIVISION PRESENTATION DONNA THERIAULT, MANAGEMENT ANALYST BY: FOR FURTHER INFORMATION CONTACT: DONNA THERIAULT, 714-754-5636 RECOMMENDATION: 1. 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). 2. Approve the amended Community Garden By -Laws (Attachment 2) and Agreement (Attachment 3) and authorize the Public Services Director to approve future amendments. BACKGROUND: At the November 16, 2011 Parks and Recreation Commission meeting, the Commission approved a recommendation to the City Council (Minute Excerpt, Attachment 4) 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 At the City Council meeting on January 3, 2012, City Council considered the fee increase, and after public comment and discussion, approved a motion to bring the resolution back to the City Council along with the following: ♦ A revision to the Garden By -Laws that include a 30 -day, non -tending limit. ♦ Non-residents be eliminated from the garden through attrition and that non-residents not be added to the garden wait lists. 1 ♦ The $120 key/clean-up deposit will be assessed to new gardeners only. ANALYSIS - The main concern as noted from the public comments at the January 3, 2012 Council meeting, is the issue of infrequent gardening activity and abandoned parcels. Over the years, these issues have required the largest amount of staff time to address. Staff has amended by-law number #2 of the existing garden by-laws to read: "......Parcels must be actively gardened. Parcels not actively gardened for 30 days will be reassigned. " Staff will also establish a 3 member volunteer garden committee from each garden that will assist in drafting a "violation/reassignment" process in the next month. Once a process has been drafted, it will be reviewed and approved by the Public Services Director and will be made part of the Garden By -Laws. The garden committees will be tasked with monitoring the gardens and enforcing the garden by-laws. Currently, the wait lists for both gardens is open to residents of Costa Mesa only. Non residents are not on the wait list and will not be added to the wait list in the future unless directed otherwise by the City Council. However, there are 13 non residents that currently have garden parcels. Per Council's direction, these non-resident gardeners will be allowed to retain their parcel until such time as they give back their parcel. Existing gardeners who currently live in the City, but who move out of the City, will also be allowed to retain their garden parcels until such time as they give back their parcel. In an effort to discourage gardeners from abandoning their parcels without clearing them for the next gardener, staff proposes to assess the $120 key/clean up deposit to new gardeners assigned parcels this year, and to all current gardeners who receive a violation and correction notice issued by the volunteer garden committees. Current gardeners who actively garden and do not receive a by-law violation/correction notice will not be assessed the $120 key/clean up deposit. Should the Council approve the resolution, the fee increase would be effective March 8, 2012 and assessed to new gardeners in 2012. Since the existing gardeners have paid the current fee for 2012, they will be assessed the increased parcel rental fee in January 2013. ALTERNATIVES CONSIDERED: 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. The nearby cities of Dana Point, Garden Grove, Orange and Irvine do not provide 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, and that the Public Services Director be given the authority to approve all future Garden By -Laws and Agreement amendments. 910101►/_1097121GU_�1J09 Management Analyst BOBBY YOUNG Finance and IT Director DISTRIBUTION: City Staff ERNESTO MUNOZ Interim Director, Public Services Department ATTACHMENTS: 1. Resolution 2. Garden By -Laws 3. Garden Agreement 4. Commission Action Minute Exce 3 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 8, 2012, which is at least 30 days after Council adoption. ATTACHMENT 1 PASSED AND ADOPTED this ATTEST: day of Gary Monahan, Mayor 2012. APPROVED AS TO FORM: Julie Folcik, City Clerk Tom Duarte, City Attorney 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) Costa Mesa City of Costa Mesa Public Services Department - Recreation Division 2012 Community Garden By -Laws -DRAFT ATTACHMENT 2 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 for thijU (30)&ys will be reassigned . 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, smoking, and loitering in the garden after dusk is prohibited in the garden or in parking lot area. 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/clean-up 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 AFTER BEING PROPERTY NOTIFIED WILL BE ASKE)D REQUIRED 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. ATTACHMENT 3 Costa Mesa CITY OF COSTA MESA Public Services Department - Recreation Division 2012 Community Garden Agreement -DRAFT 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. 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 parcel left untended for 30 smaximum of 3 requests to elean par -eel will be given. Fourth eontact will be notification that your- par- 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. ATTACHMENT 4 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.