HomeMy WebLinkAboutReso 2017-238RESOLUTION NO. 2017-238
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING COUNCIL POLICY NO. 841-01
(COMMUNITY GARDENS POLICY), INCLUDING THE
CONSIDERATION TO ALLOW COMMUNITY GARDENS ON
ALL CITY OWNED LAND
WHEREAS, jurisdictions are becoming increasingly aware that cities play a critical role
in supporting the health and well-being of their communities; and
WHEREAS, the Healthy Chula Vista Action Plan, adopted January 5, 2016, included
strategies to increase local food production and encourage urban agriculture within the City of
Chula Vista; and
WHEREAS, in 2010, the City adopted Council Policy No. 841-01 to allow consideration
of vacant city -owned lands for community garden use; and
WHEREAS, since that time Staff has identified barriers and opportunities for community
garden use on City owned vacant land, passive/non-programmed recreational park space, and
other City property (e.g. public right of way); and
WHEREAS, Staff strives to provide a transparent process to remove barriers to
community garden opportunities within the community and provide equal access for all; and
WHEREAS, after Staff review and public input of the City's current Community Garden
Policy, Staff has prepared amendments to the Community Garden Policy, a copy of which is also
on file in the City Clerk's Office, for City Council's consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it (1) approves amendments, in substantial form in Exhibit 1, to the Community
Garden Policy (City Council Policy No. 841-01) to allow consideration of City owned vacant
land, passive/non-programmed recreational park space, and other City property (e.g. public right
of way) for community garden use and the associated application and user agreement, in the
form substantially presented, and (2) the City Manager is further authorized to make such minor
amendments or changes to the aforementioned documents as may be required or approved by the
City Attorney's Office.
Presented by
Kell roughton, FASLA
Director of Development Services
Approved as to form by
len R. Googins
Cid. �t ey
Resolution No. 2017-238
Page No. 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of December 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
VMarys, Mayor
ATTEST:
Kerry Uigelo4d, MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2017-238 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of December 2017.
Executed this 19th day of December 2017.
Kerry K igelo , MMC, City Clerk
COUNCIL POLICY Resolution No. 2017-238
CITY OF CHULA VISTA Page No. 3
SUBJECT:
POLICY
EFFECTIVE
COMMUNITY GARDENS POLICY
NUMBER
DATE
PAGE
841-01
2/23/10
1 OF 7
ADOPTED BY: Resolution No. 2010-043
DATED: 2/23/10
AMENDED BY: Resolution No. 201.7 (12/19/17)
BACKGROUND
The City of Chula Vista recognizes community gardens as a valuable recreation activity that can
provide community members access to fresh, nutritious produce, and low-intensity physical activity.
Community gardens can also foster environmental awareness, positive social interaction, and
community education, all while bringing added food security to the community through the
development of local food sources. The City has the ability to foster the creation of community
gardens by permitting the establishment of such gardens on City owned lands, including the public
right of way.
PURPOSE
This policy provides to the City Manager or their designee the authority and guidance to implement
and approve the use of city-owned land, including city owned vacant land, passive/non-programmed
recreational park space, and other City property (e.g. public right of way) at the City's discretion to
establish community gardens (collectively "City Community Garden Sites"). This policy further
details the procedure and requirements for the establishment of community gardens on City
Community Garden Sites.
POLICY
I. COMMUNITY GARDEN AND COMMUNITY PARTICIPATION
The City may allow the placement and use of community gardens on city-owned vacant land,
passive/non-programmed recreational park space, and other City property (e.g. public right of way) at
the City's sole discretion, as approved by the City Manager or designee. The City Manager or
designee has sole and unfettered discretion whether or not to allow the creation of a community
garden pursuant to this Policy. For the purposes of this policy, when approval is required by the
"City," it means approval by the City Manager or their designee, unless otherwise indicated.
A community garden, if permitted by the City, must be organized and operated by a "Community
Group," which may include local civic associations, non-profit agencies, gardening clubs,
homeowner's associations, or even a group formed for the purpose of establishing a garden. The
Community Group must have and be able to demonstrate, to the satisfaction of the City, the capacity
to effectively administer and operate the proposed community garden. The Community Group must
have the support of the community where the garden is proposed as detailed further below. Each
Community Group may only operate one community garden unless otherwise approved by the City.
Community gardens are to be utilized by the recognized Community Group to produce annual fruits,
-solution No.201-
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ADOPTED BY: Resolution No. 2010-043
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AMENDED BY: Resolution No.,;,:_ Y (12/19/17)
vegetables, and flowers for use of group members, the City of Chula Vista, other non-profit agencies
or groups or any other public agency approved by the City. Individual gardeners may sell their
produce off-site, but it is not intended that the use of a community garden on City property be solely
for business and/or for-profit endeavors. A. community garden should promote environmental
education, healthy diets, and encourage the involvement of all citizens.
Community gardens are a public resource, and as such, garden membership and participation must be
equally open and accessible to all, in compliance with the Americans with Disabilities Act (ADA).
The garden site plan prepared by the Community Group shall consider, but not be limited to, ADA
compliance in terms of ingress/egress to, from, and within the garden site, the need for raised planter
beds, access to water supplies, and communication needs. The Community Group shall also identify
a person as a point of contact for ADA coordination and compliance. The Community Group shall be
responsible for and bear any and all costs to ensure ADA compliance.
In addition to any obligation under this policy, Community Groups and individual gardeners m
abide by all federal laws, state laws, and/or City of Chula Vista Charter requirements, ordinances,
resolutions, and/or policies.
H. THE PROCESS FOR COMMUNITY GARDEN ESTABLISHMENT
The following steps are required to request the establishment of a community garden:
1. The Community Group must complete a City Community Garden Site Application ("Application"),
as provided in substantial form as Attachment 1, to establish a community garden. The Application
requires the following information:
a. A description of the community group, including a point of contact;
b. A description of the community group's ability to effectively administer and operate a
community garden;
c. A proposed City Community Garden site to place the community garden. The City may assist
the community group in locating a potential Community Garden Site;
d. The signatures of immediately surrounding neighboring households or businesses to the
proposed City Community Garden Site, as further specified in the Application. The amount of
signatures required under this section may be increased by the City to ensure that there is
community support for the community garden; and
e. Any other information requested by the City.
If more than one community group submits an application to establish a garden in the same area,
garden approval will be awarded on a first-come, first-served basis to the group whose complete I
COUNCIL POLICY Resolution No. 2017-238
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CITY OF CHULA VISTA
SUBJECT:
POLICY
EFFECTIVE
COMMUNITY GARDENS POLICY
NUMBER
DATE
PAGE
841-01
2/23/10
3 OF 7
ADOPTED BY: Resolution No. 2010-043
DATED: 2/23/10
AMENDED BY:. Resolution No. 201�7� (12/19/17)
application is received first. The City, in its sole discretion and when possible, will assist the
Community Group that did not prevail to locate alternate sites.
2. The application must include a community garden site plan that will include, but not be limited to,
the layout and size of the plots, location of water sources and drainage, detailed plans for ADA
compliance, and indicate any proposed structures or fences. The City must approve all community
garden site plans. The site plan shall be subject to the following limitations:
a. No structures or barriers to general public access can be erected, except fences as detailed
below, raised/accessible planting beds, shared composting facility as per IV.3.e below, plant
supports, and trellises, public art, rain barrels and benches. Structures must be mobile, or will
require specification in the user agreement that such structures will be disassembled and
removed by the community group managing the site at the termination of the user agreement.
b. Fences shall not exceed six (6) feet in height and should be constructed of wood, chain link, or
ornamental metal. No fence shall be installed without review and approval by the City.
c. ADA accessibility should be clearly shown on Garden Site Plan.
d. Any other limitations imposed by the City.
3. The Application will be submitted to the City's Development Services Department, which will act
as the lead in garden establishment and determining appropriate department review and oversight.
4. The City will endeavor to accept or reject the Application within 30 days of submittal. The City
has sole and unfettered discretion as to whether or not to accept or reject the creation of a community
garden on City Community Garden Sites.
5. After a site is selected and site plans have been completed, the City will determine the applicability
of CEQA for the site to ensure that environmental impacts of the gardens are addressed. The
Community Group is responsible for any and all costs of CEQA compliance, specifically the City may
require reimbursement of its expenditures in this regard.
6. The Community Group must agree to administer and operate the gardens according to a User
Agreement, refer to Section IV. Community Garden Site User Agreement ("User Agreement"), which
will extend a limited and revocable license for use of the city-owned land to the community group.
M. COMMUNITY GARDEN MAINTENANCE GUIDELINES
All community gardens will be developed and maintained at no cost to the City of Chula Vista, have a
minimal amount of impact on City of Chula Vista staff time and resources, and will be operated by
volunteers from the community. The City, in its sole discretion, may assist the Community Group on
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NUMBER
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ADOPTED BY: Resolution No. 2010-043
DATED: 2/23/10
AMENDED BY: Resolution No., (12/19/17)
a case-by-case basis.
During the first season, the City of Chula Vista's Public Works Department may assist the recognized
group in the preparation of the garden site by the following:
a. Removing grass
b. Turning the soil
c. Adding compost
d. Adjusting irrigation systems.
If the City elects not to assist in the above activities, the Community Group is responsible for the
completion of such activities.
The Community Group will be responsible for all garden activities including, but not limited to:
a. Installation and maintenance of all community garden facilities;
b. Maintain the garden's cleanliness and tend to weeds, particularly from January to March, when
weeds are prevalent;
c. Compliance with the ADA;
d. Paying utility costs such as water or electrical bills, if any;
e. Collecting allotment charges from plot users;
f. Keeping record of all revenues and expenses incurred by the community garden to be
forwarded to City of Chula Vista Finance Department annually on or before April 15th; and
g. Any other responsibility required or assigned by the City.
IV. COMMUNITY GARDEN SITE USER AGREEMENT
If a Community Group is allowed by the City to create a community garden on a Community Garden
Site, the Community Group and individuaI gardeners must agree -to adhere to- a Community -Garden
Site User Agreement ("User Agreement"), as provided in substantial form in Attachment 2.
The User Agreement is a limited and revocable license and does not create for the Community Group,
individual gardener/participant, or any person or entity any form of property right or interest to the
Community Garden Site, including, but not limited to, an easement, ownership interest, tenancy,
adverse possession, or lease. Failure to abide by the terms of the User Agreement may result in
termination of the User Agreement and community garden use. /
The City Manager or designee and the City Attorney or designee must approve the User Agreement.
The City or the City Attorney, in their sole and unfettered discretion, may require and include any and
COUNCIL POLICY Resolution No. 2017-238
CITY OF CHULA VISTA Page No. 7
SUBJECT:
POLICY
EFFECTIVE
COMMUNITY GARDENS POLICY
NUMBER
DATE
PAGE
841-01
2/23/10
5 OF 7
ADOPTED BY: Resolution No. 2010-043
DATED: 2/23/10
AMENDED BY: Resolution No. 2017�� (12/19/17)
ur.,� v
all terms it deems appropriate in a User Agreement. The User Agreement must include, at a
minimum, the following terms:
1. GENERAL TERMS:
a. The term of the agreement will be for a period of no more than five years. However, the City,
in its sole discretion, may extend or decrease the period of the term. If a change in the term is
made, the City will provide written notice at least 30 days before the term ends. The
Community Group must agree to continuously use the Community Garden Site for the
Community Garden and that the City may enter the site at any time, with or without notice, to
ensure compliance with the User Agreement.
b. Acknowledgement and agreement that the User Agreement is a limited and revocable license
and does not create for the Community Group, individual gardener/participant, or any person
or entity any form of property right or interest to the City Community Garden Site, including,
but not limited to, an easement, ownership interest, tenancy, adverse possession, or lease.
c. The City may require insurance and indemnification from the Community Group. If so, the
requirement shall be under terms required by City Risk Management and/or the City
Attorney's Office.
d. The requirement that all participants sign liability waivers under terms specified by the City
Attorney's office.
e. Terms specifying the right of the City to terminate the User Agreement at any time and for any
reason. The City may, when possible, give thirty (30) days written notice of its decision to end
the User Agreement. The written notice need not provide a reason for the terminating the User
Agreement. It shall simply provide the date by which community garden activities must cease
and the garden site must be returned to its preexisting condition.
f. Terms stating that the City will not be liable or responsible for damages or claims of any type
by or from any person or entity, including and not limited to, damages or claims resulting from
participation in the community garden or terminating User Agreement.
2. COMMUNITY GROUP AND PARTICIPANT TERMS:
a. The Community Group shall provide that allotments of space must be made from a waiting list
on a first come, first serve basis.
b. Membership in the recognized Community Group, and the opportunity to be allotted a plot,
must be open to any resident of the community.
c. The Community Group may share costs to operate the community garden among its
participants. To this end, the Community Group may require participants to pay a portion of
the cost to operate the community garden, hereinafter "Allotment Charges." Allotment
Charges may cover the yearly watering, maintenance, and site improvement costs, unless
eso u ion No. 20T 1-2-38
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SUBJECT:
POLICY
EFFECTIVE
COMMUNITY GARDENS POLICY
NUMBER
DATE
PAGE
841-01
2/23/10
6 OF 7
ADOPTED BY: Resolution No. 2010-043
DATED: 2/23/10
AMENDED BY: Resolution No. 201N;' (12/19/17)
otherwise determined by City of Chula Vista. .Allotment Charges charged to gardeners shall
not exceed the amount necessary to cover the normal operating costs of the garden. Records
of Allotment Charges to gardeners and expenses will be kept and forwarded to the City of
Chula Vista Finance Department to ensure correct use of monies at the same time as records of
revenues and expenses. Allotment Charges must be approved in advance of invoicing by the
City, at a time frame determined by the City. The City may require that the Allotment Charges
charged to gardeners be reduced or eliminated. Allotment Charges may not include any salary
or similar compensation to any person acting in a position of or similar to a manager for the
operation or management of the community garden — all persons participating in the
community garden shall be volunteers. The community garden shall be a non-profit endeavor.
d. In addition to any obligation under this policy, Community Groups and individual gardeners
must agree to abide by all federal laws, state laws, and local ordinances, resolutions, or polices.
3. CITY COMMUNITY GARDEN SITE TERMS:
a. A description of the pre-existing conditions of the approved garden site, the requirement that
at the end of the User Agreement that the garden site be returned to its original condition (to
the satisfaction of the City), and the requirement for payment of damages if the site is not
returned to its original condition
b. Hours of operation will be from 7:00 a.m. until sunset. The City, in its sole discretion, may
increase or reduce the hours of operation.
c. Language stating that members will only be able to sell the produce of their community garden
plots off-site.
d. Only organic cultivation is to be allowed on community garden sites. No pesticides or
chemical fertilizers are to be used.
e. Each garden will be required to have a shared composting area, which will avoid a build up of
waste and to enhance soil fertility in future seasons.
f. The recognized Community Group and individual gardeners must adhere to maintenance
standards set forth by City of Chula Vista.
V. ADDITIONAL ITEMS
As progress is made on the creation of community gardens on city -owned lands, the City may explore
expanding Community Gardens to other locations.
The City Manager, in his or her discretion, may develop and require additional terms and/c
conditions not provided for in this policy to ensure the effective implementation of this policy for tl.
City of Chula Vista.
Resolution No. 2017-238
COUNCIL POLICY
Page No. 9
CITY OF CHULA VISTA
SUBJECT:
POLICY
EFFECTIVE
COMMUNITY GARDENS POLICY
NUMBER
DATE
PAGE
841-01
2/23/10
7 OF 7
ADOPTED BY: Resolution No. 2010-043
DATED: 2/23/10
AMENDED BY: Resolution No. 2017XX (12/19/17)
ATTACHMENTS
1. City Community Garden Site Application
2. Community Garden Site User Agreement
1�N
CITY OF
-HULA VISTA
ATTACHMIIsTopaticCoNoc glW,8No.841-01
D e v e l o p m e n t S e r v i c e s D e ppagerNf` V e n t
Planning Division I Development Processing
CITY COMMUNITY GARDEN SITE APPLICATION
This application is for the proposal of a Community Garden on City owned land per the guidelines stated in Council Policy 841-01.
Applicant: The following information shall be provided for City review and approval prior to issuance of a City Community Garden Site User
Agreement. This Application must be accompanied by an initial community garden site plan that includes, at a minimum: the layout and
size of the plots, location of water sources and drainage, detailed plans for ADA compliance, and indicate any proposed structures or fences.
Please Complete all applicable non -shaded areas.
1. Community Garden Site Organizer (APPLICANT CONTACT INFORMATION)
Applicant Contact Name _
Street Address of Applicant
City
Email
State Zip Code Phone #
2. Community Garden Organization (GROUP DESCRIPTION)
Group Name
e provide a description of the community group and a description of the community group's ability to effectively administer and
.-rate a community garden [e.g., your experience in community gardening and financial capability to maintain garden].
3. Community Garden Site (PROPOSED COMMUNITY GARDEN SITE)
Street Address of Site
"-cription of Proposed Location
Size in Acres
Zip Code
276 Fourth Ave I Chula Vista I California 91910 1 (619) 691-5101
s\ 11/1
CHULAIbuolutionNo.2017-238 CITY COMMUNITY GARDEN SITE APPLICATION
Page No. 11
4. NEIGHBOR AWARENESS SIGNATURES
You must obtain the signatures of adjacent neighbors (owners, not tenants) showing that they have been made aware of the applicat
Neighbors included should be those immediately to the right and left of the property and three neighbors in front and behind the proposed
site. When obtaining Neighbor Awareness signatures, you should allow them to review this application and associated site plan prior to
signature. The City reserves the right to request additional signatures after initial review.
Street Address:
Owner Name:
Signature
Date:
Street Address:
Owner Name:
Signature
Date:
Street Address:
Owner Name:
Signature
Date:
* Note: Garden approval will be awarded on a first-come, first-served basis.
Street Address:
Owner Name:
Signature
Date:
Street Address:
Owner Name:
Signature
Date:
Street Address:
Owner Name:
Signature
Page 2 of 3
276 Fourth Avenue I Chula Vista I California 91910 1 (619) 691-5101
CTTV OF
CHULA W5TA
5. AMERICANS WITH DISABILITIES ACT ("ADA") COMPLIANCE
CITY COMM UPI JCYILR&RWloTf PAPLICATION
Page No. 12
re required to have a designated a point of contact for ADA coordination and compliance.
ADA Contact Name
Street Address of Applicant
City State Zip Code
Email
6. ADDITIONAL INFORMATION
Phone #
Do you plan on selling the produce you harvest from this garden at/to an off-site location? ❑ Y ❑ N
(If yes, a business license and other applicable County approvals may be required.)
How many users do you anticipate gardening in the Community Garden?
What is the proposed water source?
Do you anticipate any small and temporary structures? Describe:
7. AUTHORIZATION
Community Groups and individual gardeners must abide by all federal laws, state laws, and/or City of Chula Vista Charter requirements,
ordinances, resolutions, and/or policies. By signing below you are indicating the identified community group would be prepared to enter
into a Community Garden Site User Agreement, including a waiver by each participant and meet all requirements of a User Group including
those identified in Council Policy 841-01.
Print Applicant Name
Applicant Signature _
Date
GRAY AREAS FOR STAFF USE ONLY
Page 3of3
276 Fourth Avenue I Chula Vista I California 91910 1 (619) 691-5101
ATTACHAff�N'El�fioqq"cibVgligSNo. 841-01
Page No. 13
D e v e l o p m e n t S e r v i c e s D e p a r t m e n t
2 � Planning Division I Development Processing
c1W OF
CHUM► VISTA Community Garden Site User Agreement
PURPOSE:
The City allows community gardens (via a license agreement) on its property pursuant to its Community Garden
Policy. To participate in a community garden authorized by the Community Garden Policy, this Community Garden
Site User Agreement and individual Participation/Use Community Garden Waiver must be executed.
DEFINITIONS:
• A "Community Garden" is defined as a single piece of land gardened collectively by way of designated plots.
Each plot is cared for by an individual or shared by a group of people; to grow vegetables, fruits, and flowers
for personal use and/or for donation, with one individual designated as the "Farmer of Record."
• "Community Garden Organization" means a group formed for the purpose of: (1) requesting to use City
owned property to engage in community gardening; and (2), if approved by the City, to use an approved City
site for community gardening, led by a Community Garden Site Organizer and having Community Garden Site
Participants engage in gardening activities.
• "Community Garden Site Organizer" or "Site Organizer" means that person who is the point contact for the
community group wishing to use City property for community gardening and who is responsible for operating
the community garden as a whole and ensuring compliance with this Agreement, City Community Gardens
Policy, and any other term or condition required by the City.
• "Community Garden Site Participant" or "Site Participant" means the person(s) who is actively engaged in
gardening activities on a plot under the leadership and direction of the City and Community Garden_ Site
Organizer.
• "Farmer of Record" means the Community Garden Site Participant responsible for the plot they are assigned.
LICENSE AGREEMENT
This Licensing Agreement ("Agreement" of "License Agreement") is entered into effective as of
("Effective Date") by and between the City of Chula Vista ("City") and the below listed Site Organizer and Site
Participants (collectively, the "Parties" or "Community Garden Site Organization" and, individually, a "Party") and for
valuable and sufficient consideration, agree to the following:
1. Site Organizer and Site Participant(s) acknowledge and agree that this Agreement is a license agreement
which solely authorizes Site Organizer and Site Participant(s) to enter upon City owned property to engage in
community garden activities under the terms set forth herein, the City's Community Garden Policy, which is
Resolution No. 2017-238
Page No. 14 z
CITY OF
Community Garden Site User Agreement CHULA
hereby incorporated by reference into this Agreement, and any other term or condition required by the City.
Site Organizer and Site Participant(s) further acknowledge and agree that this License Agreement (or any
other document(s)) does not create for the Community Garden Organization, Site Organizer, Site
Participants, or any other entity or person(s), any form of property interest in the City owned property which
is being used for community gardening, including, but not limited to lease or easement interest or right.
2. Site Organizer, agrees, to the maximum extent allowed by law, Site Organizer shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers
(collectively, "Indemnified Parties"), from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions, negligence, or willful misconduct of Site Organizer, Site Participant, or Community
Garden Organization participating in the Community Garden (however formed), including its officials,
officers, employees, agents, and volunteers, arising out of or in connection with the participating in
community garden activities (including gardening), or this Agreement. This indemnity provision does not
include any claims, damages,- liability, costs and expenses arising from the sole negligence or willful
misconduct of the City, including its Indemnified Parties. Also covered is liability arising from, connected
with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City,
including its Indemnified Parties which may be in combination with the active or passive negligent acts or
omissions of the Site Organizer, Site Participant, or Community Garden Organization participating
community garden (however formed), including its employees, agents or officers, volunteers, or any .
party. This paragraph shall continue remain in effect -even after the expiration of the term or termination of
this Agreement. The City may require insurance in support of this paragraph, in which case the City shall
provide notice of its insurance requirements.
3. Site Organizer agrees to the terms of the,attached Participation/Use of Community Garden Waiver and shall
execute said waiver prior to engaging in any gardening activities. (See Attachment 1.) Site Organizer shall
also ensure that all site Participants and their minor child or children have fully executed the, aforementioned
waiver.
J
4. Site Participant(s) agrees to the terms of the attached Participation/Use of Community Garden Waiver and
shall execute said waiver prior to engaging in any gardening activities. (See Attachment 1.) Site
Participant(s) shall also ensure that their minor child or children have fully executed the aforementioned
waiver prior to engaging in any gardening activities.
5. Site Organizer and Site Participant agree that they (jointly and severally) will operate the community garden
under the terms of this. agreement, including the below gardening terms ("Gardening Terms"), the City's
Community Garden Policy, and another terms or conditions required by the City. The Gardening Terms are as
follows:
0
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Resolution No. 2017-238«r
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CITY OF
Community Garden Site User Agreement CHULA VISTA
A. Term: The initial term of this Agreement shall be five years, beginning the effective date. The Agreement
may be renewed for additional terms at the discretion of the City.
B. Point of Contact. Site Organizer shall be the point of contact for the community garden and attendant
Community Garden Organization. The Site Organizer's duties shall include, but not be limited to, the
following: (1) ensure ADA compliance and shall notify of the City of any ADA issues; (2) gather and
maintain financial records as required by the City regarding operation of the community garden; (3)
provide City communications and notices to Site Participants; (4) keep their contact information current;
(5) ensure Site Participants abide by this Agreement (including signed waiver), City Community Garden
Policy, and other term or condition required by the City (collectively "Community Garden Documents");
(6) promptly report any violations of the Community Garden Documents to designated City staff; (7)
ensure that the Participation/Use Community Garden Waiver is fully executed and only those that have
executed said waivers participate in gardening activities; and (8 maintain a current list of Site Participants
and shall provide said list to the City -including, reporting y changes within one (1) business day of any
changes.
C. City Cooperation: Site Organizer and Site Participants shall cooperate and work with the City to ensure
good relationships and a successful operation of the Community Garden.
D. Plots: The Community Garden shall consist of the City approved garden site plan and gardening activities
shall only take place on said approved garden site. Plots will be assigned to an individual or a group by
the Site Organizer. Each plot can=be shared by as many people as desired, with one person being
designated as the plot's Farmer of Record.
E. Farmer of Record. If Site Participant is designated as the Farmer of Record, they shall be the point of
contact for the Plot. The Farmer of Record's duties shall include, but not be limited to, the following: (1)
provide City communications and notices to Site Participants which are sharing the plot with the Farmer
of Record; (2) keep their contact information current; (3) ensure Site Participants abide this Agreement
(including signed participation waiver), and the City's Community Garden Policy (collectively "Community
Garden Documents"); and (4) promptly report any violations of Community Garden Documents to the
Site Organizer and designated City staff.
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F. Minor Children: Site Organizer and Site Participants may seek to have their minor child (or children)
participate in gardening activities with them. To do so, the Site Organizer and Site Participants must
include them in their Participation/Use of Community Garden Waiver. Site Organizer and Site Participant
are responsible for supervising their own minor child (or children) at all times while at the community
garden and while participating in gardening activities.
G. Limits of Agricultural Use: The garden area shall be limited to growth of vegetables, fruits, and flowers, in
compliance with all policies and ordinances of the City. Planting of trees will be allowed only in
containers. The community garden shall not be used for any type of livestock or poultry nor shall
marijuana of any type be grown, harvested, stored, or collected at a community garden.
H. Chemicals: The use of insecticides, herbicides and synthetic fertilizers is strictly prohibited. Only natural
organic methods and products shall. be used for the treatment of nuisances and to provide plant and soil
nutrition. The Qualifying Entity is encouraged to reference the Environmental Protection Agency's
National Organic Program. Therefore, only 'Organic Gardening' is allowed to be practiced here. No
herbicides or pesticides may be used, except for organic -based materials, such as iron phosphate for(
and slug bait.
I. Sale of Products: Sale of products on-site is prohibited; products grown are for personal use, for sale off-
site, or for donation by members of the garden.
J. Means of Planting: Raised Beds with suitable commercial grade fabric barrier lying at the base and lower
sides, to prevent disturbance of native soils and to protect new soils from contaminants. New soil should
be brought to the site that is suitable for planting edible vegetation. No tilling of existing ground is
allowed.
K. Water Source: Potable water may be available on or in close proximity to the site. If available, potable
water shall be used. If the City provides water, the City may charge for such water via a separate
agreement. However, if water is not available nearby or from the City, Site Participant shall be required
to provide water.
L. Maintenance: The Site Organizer and Site Participants shall, jointly and severally, be responsible for all
garden activities including maintenance and upkeep. of garden grounds.
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M. Utilities: The Site Organizer shall be responsible for payment of water & electric charges if applicable, as
agreed upon by the City.
N. Allotment Fees: Site Organizer shall be responsible for collection of all fees, if any, associated with
individual plots.
0. Mechanical Equipment: Mechanical equipment is limited to residential grade, restricted to use between
operational hours of the community garden, and must adhere to the Chula Vista Code of Ordinances,
regarding noise control. Equipment may be stored on-site at the risk of its owners. The City will not be
liable for loss, theft, or any type of damage incurred to equipment left or used on site.
P. Trash: No trash or debris shall be left on site at any time.
Q. Accessory structures: Accessory structures are permitted (e.g., storage sheds) in so much as they are
removable and not permanent. Accessory structures shall be subject to City approval.
R. Composting: A composting area is required on the Community Garden Site. The composting area shall be
indicated on the site plan and comply with Chula Vista Municipal Code section 8.25.090. Composting
materials are generated from the site only, and outside materials will not be brought in, unless approved
by the City.
S. Fencing: Fences shall not exceed six (6) feet in height and should be constructed of wood, chain link, or
ornamental metal. No fence shall be installed without review and approval by the City. Fencing is meant
to provide a visual delineation of the garden lot from the right-of-way and is not intended to provide
security. Z
T. Signage: A decorative sign, meeting Chula Municipal Code Section 19.60, and no larger than 18"h x 24"w
may be hung at the front of the garden to display the name of the garden and associated entity. A
laminated document 8.5" x 11" showing the Qualifying entity's contact information, including the primary
and alternate contacts, along with the rules and guidelines for the garden will be posted within the
garden boundaries, at a readable height.
U. Boundaries: Garden areas shall not encroach onto adjacent properties. The cultivated areas will meet the
required setback(s) for the zoning district in which the garden is located.
V. Maintenance: The property shall be maintained free of high grass and weeds in accordance with City
regulations. Dead garden plants shall be removed regularly. Rotting fruits and vegetables shall be
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collected from garden areas and properly disposed of offsite or in compost area. The Site Organizer and
Site Participants, shall jointly and severally, be responsible for vermin and similar pest control.
W. Miscellaneous Improvements: Benches and trellises and will be permitted on site as miscellaneous
improvements. Decorative ornamentation will be restricted.to placement within an individual's plot.
Items within the garden will be limited in height and will not block clear site lines into the garden from
the right-of-way(s).
X. Operating Hours: Hours of operation will be from 7:00 a.m. until sunset. The City, in its discretion, may
increase or reduce the hours of operation.
Y. Insurance/ Waivers: The City may require insurance and indemnification from the Community Garden
Organization. If so, the requirement shall be under terms required by C.ty Risk Management and/or the
City Attorney's Office.
Z. Lighting: No overhead lighting shall be permitted on site.
AA. Parking: No parking will be permitted on the site.
BB. Existing Trees: Removing or cutting of existing trees is strictly prohibited, unless otherwise approved(
the City of Chula Vista. Trees may only be planted -in containers and shall not become permanent fixtures
on the City owned property.
CC. Fundraising: Qualifying entities are free to undertake fundraising activities in order to build community
support and resources to defray costs associated with operating a community garden. However, any
fundraising activities involving use of the actual property must be pre -approved by the City of Chula Vista.
DD.Access: The City of Chula Vista shall have 24 hour access to the property, with or without notice.
EE. Records: Records of fees collected and expenditures related to the garden shall be maintained in a
centralized location and available at the City's request.
FF. Exceptions: Any use condition for a Community Garden may be modified by Special Exception upon
approval by the City.
GG. Termination of Agreement: The City may terminate this agreement at any time and with or without
notice. However, the City may, when possible, give thirty (30) days written notice of its decision to end
this Agreement. The written notice need not provide a reason for the terminating this Agreement, but
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shall simply provide the date by which community garden activities must cease and the garden site must
be returned to its preexisting condition.
HH. Other Provisions Specific to this Site: Individual lots may have conditions not addressed in this policy. If
deemed necessary, an attachment will be included as part of this Agreement, listing other provision(s)
specific to the site and will be considered part of this Agreement.
II. Changes to this Agreement: The City May alter or modify any term of this Agreement, in its sole and
unfettered discretion, at any time.
(Signature Page to follow.)
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SIGNATURE PAGE
FOR SITE ORGANIZER:
BY SIGNING BELOW, I AGREE THAT I have read and understand the City of Chula Vista's "Community Garden Policy"
and this Agreement (and attendant liability waiver); that I accept and agree to the terms in this Agreement (and
attendant liability waiver) and the City's Community Garden Policy; and agree to carry out the above terms with due
care.
Name of Organization
n
Address of Organization Phone#
Site Organizer, Print
Position/ Title
Site Organizer, Signature Date
FOR SITE PARTICIPANTS:
BY SIGNING BELOW, I AGREE THAT I have read and understand the City of Chula Vista's "Community Garden Policy"
and this Agreement (and attendant liability waiver); that I accept and agree to the terms in this Agreement, including
the attendant liability waiver, and the City's_Community Garden Policy; and agree to carry out the above terms with
due care:
f'
Name Signature Date Address Phone Email
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Additional Terms:
Utility Charges:
Other provisions specific to this site:
ATTACHMENTS:
1. Liability Waiver
2. Final City Community Garden Site Application and Site Plan
GKAY AKtAS FUK .5 [AFF USE ONLY
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