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HomeMy WebLinkAbout2010/02/23 Item 9 CITY COUNCIL AGENDA STATEMENT ",.;1:, ~('f::.. CITY OF ~ CHUlA VISTA FEBRUARY 23, 2010 Item -'L ITEM TITLE: SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APPROVING THE CITY'S ,,<;;gMMUNITY GARDEN POLICY DEPUTY CITY MANAGE~iiVELOPMENT SERVICES DIRECTOR CITY MANAGE~ 4/5THS VOTE: YES D 'NO 0 SUMMARY Beginning in early 2009, a coalition of community representatives, public health advocates, and elected officials expressed interest in establishing community gardens in the City of Chula Vista. Proponents noted that community gardens could play an important role in helping Chula Vista communities access fresh produce, engage in healthful low-intensity exercise, and develop a sense of neighborhood cohesion. Responding to this community interest, Council's Western Chula Vista Revitalization Subcommittee directed staff to prepare a policy to facilitate the establishment of community gardens in the City. Advocates for the gardens were asked to provide their input throughout the policy development process, and the resulting document takes those comments into account. The policy seeks to empower local groups and non-profits to take the lead in establishing community gardens on City- owned vacant land, with the City acting in a supporting role. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the action qualifies for a Class 4 categorical exemption pursuant to Section 15304 (Minor Alterations to Land) of the State CEQA Guidelines because it involves approval of a city policy that will establish community gardens. Thus, no further environmental review is necessary. RECOMMEN DATION Staff recommends that Council adopt the Community Garden Policy. 9-1 FEBRUARY 23, 2010, Item~ Page 2 of 4 DISCUSSION A community garden is a plot of land cultivated collectively by a group of people. While formats vary, the most common community garden structure is allotment based, where the garden is subdivided into smaller plots, and each is then cultivated by individual gardeners. Other gardens are organized more collectively, with all members cultivating the entire area. Regardless of how they're organized, community gardens have been shown to have positive benefits on the health of residents and communities throughout California and the nation. Gardens can provide access to low-cost fruits and vegetables, which may be unavailable in some health-impacted neighborhoods due to the lack of farmer's markets and produce markets. Community gardens have also been shown to have positive effects on the property values of nearby residences, particularly in lower-income communities', and have been linked to increases in homeownership in those communities when traced over time. Additionally, gardens have been shown to increase "eyes on the street" as gardeners come and go throughout the daytime hours, leading to increased "perception of immunity from crime'" in communities with gardens. Early in 2009, a coalition of community representatives, public health advocates, and elected officials expressed interest in establishing community gardens in Chula Vista. In response, the Western Chula Vista Revitalization Subcommittee directed staff to draft a policy that would facilitate the establishment of gardens in the City. Stakeholders provided input both at the beginning of the drafting process, and in response to subsequent drafts of the policy. The resulting policy details the procedure for the establishment of gardens on City-owned property in the hope that these gardens will then seed an independent movement to establish gardens throughout the community. The policy seeks to establish a community-driven process, where local groups and non- profits take the lead in establishing gardens, and the City acts in a supporting role. The policy calls for gardens to be established and later managed by a "Community Group," which might include local civic associations, non-profit agencies, gardening clubs, or nonprofit groups formed specifically for the purpose of creating a garden. This Community Group would be required to conduct a community outreach process to gauge community need and support for the garden's establishment. The group would then submit a written proposal to the City that specifies the area for garden establishment, and demonstrates community support for the garden. The City's Department of Public Works would then be responsible for determining the adequacy of the proposal, followed by working with the Community Group to identify and list potential sites in the vicinity of the area requested. The City and Community Group will then work together to select a mutually acceptable site, and prepare a site plan and user agreement. One purpose of the site plan will be to ensure that the Garden complies with ADA (the Americans with Disabilities Act) by ] The Effect ofCommunirv Gardens on Neiehborin'-! Proven)' Values. Vicki Been & loan Voicu, New York University School of Law, NYU's Funnan Center for Real Estate and Urban Policy, Law and Economics Research Paper No. 06-09, August 2006 2 The lnmact of Communi tv Gardens on Numbers of ProlJertv Crimes in Urban Houston.. HortTechnology 19: 291- 296, April I 2009. 9-2 FEBRUARY 23, 2010, Iteml Page 3 0 f 4 ensuring accessible pathways to and from the garden, one or two raised beds that can be accessed from a wheelchair, and other accommodations to ensure that that these public resources can be used by all members of the Chula Vista community. After the planning process is completed, the Community Group will be granted a license for establishment and use of the land as a community garden. After establishment, this non-profit group will manage the garden, handling the allocation of garden plots, the removal of weeds, and the collection of garden plot fees. Though the nonprofit group will have a large degree of autonomy, the policy does set forth some basic rules and standards for the safety of the garden users and the maintenance of City property. For example, only organic cultivation will be permitted on garden premises to prevent the potential harmful impacts of chemical fertilizers and pesticides. The policy also contains a variety of requirements meant to limit the City's liability, including the requirement that all participants sign liability waivers. The policy also requires that membership in the recognized nonprofit organization and access to a garden plot must be open to any resident of the community, and that allotments must be made from a waiting list on a first come, first serve basis. Staff believes that this policy provides sufficient guidance to allow the establishment of the community gardens pending its approval by council. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the Chula Vista City Council and Redevelopment Agency members and has found no property holdings within 500 feet of the boundaries of the properties that are subject to this action. CURRENT YEAR FISCAL IMPACT Although the policy states that community gardens will be developed and maintained at no cost to the City, and will be operated by volunteers from the community, it is expected that some minimal costs will be incurred by the City. These costs will result from the staff time for planning the garden, ensuring ADA and CEQA compliance, and drafting user agreements. ONGOING FISCAL IMPACT In addition to the cost to establish the Community Garden (grading, drainage, irrigation, security fencing etc.) the group should anticipate ongoing operational costs. Operational expenses will include significant water costs as well as repair cost to vandalized irrigation systems and security fencing. To this end, it would be important for the approved organization managing each garden to either charge fees commensurate with costs (water costs alone for a 30-plot community garden can require fees of approximately $500 each month], or $6,000 a year, which would require each user to pay $200 in fees a year) or to seek outside funding to cover these costs. 3 San Diego Union-Tribune. "Anxiety cropping up: lack of new water connection imperils community garden." September 20, 2009. 9-3 FEBRUARY 23, 2010. Item q . - Page 4 of 4 ATTACHMENTS City of Chula Vista Community Garden Policy Prepared by: Carla Blackmar 9-4 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZrNG THE CITY MANAGER TO ALLOW THE USE OF CITY-OWNED VACANT LANDS TO CREATE COMMUNITY GARDENS AND TO TAKE ANY AND ALL ACTIONS REQUIRED TO IMPLEMENT THE CREATION OF COMMUNITY GARDENS, ADOPTlNG THE "COMMUNITY GARDENS POLICY" AS COUNCIL POLICY TO PROVIDE GUIDANCE IN THE ESTABLISHMENT AND OPERATION OF COMMUNITY GARDENS ON CITY- OWNED VACANT LANDS, AND DIRECTING CITY STAFF TO CONSIDER ADDITIONAL LOCATIONS FOR THE ESTABLISHMENT OF COMMUNITY GARDENS AND TO MAKE RECOMMENDATIONS OF SUCH LOCATIONS TO CITY COUNCIL AS THE CURRENT PROGRAM PROGRESSES WHEREAS, a coalition of community representatives, public health advocates, and elected officials have expressed interest in establishing community gardens in the City of Chula Vista; and WHEREAS, community gardens are a benefit to the citizens of the City of Chula Vista because they provide the citizcns of Chula Vista with access to fresh annual fruits, vegetables, and flowers, help citizcns engage in healthful low-intensity exercise, and develop a sensc of neighborhood cohesion; and WHEREAS, the City of Chula Vista has city-owned vacant lands (not including parks) that may be used to establish community gardens and the City ofChula Vista may permit the use of such lands for that purpose to Community Groups via a limited revocable license; and WHEREAS, the City's Wests ide Revitalization Subcommittee directed staff to prepare a policy to facilitate the establishment of community gardens in the City; and WHEREAS, a "Community Gardens Policy" attached as exhibit A, has been drafted in collaboration with and responding to the comments of community stakeholders; and WHEREAS, it is intended that the establishment and operation of community gardens on city-owned vacant land be of no cost to thc City of Chula Vista; and WHEREAS, the "Community Gardens Policy" states that the primary responsibility for establishing and maintaining the community gardens will be borne by an approved Community Group, that will organize the community, prepare a garden site plan, allocate plots on a tirst come, tlrst serve basis, maintain the garden site, and require that costs for maintaining the garden be shared among the gardeners; and 9-5 WHEREAS, the "Community Gardens Policy" states that the recognized Community Group may be supported, when possible, by City staff; who will assist in site selection and garden design, drafting of a community garden User Agreement, and in overseeing the cost sharing of maintaining the community garden; and WHEREAS, the "Community Gardens Policy" protects the City's rights by requiring that the approved Comnllmity Group sign a User Agreement, which extends a limited revocable license to use city-owned vacant lands as a community garden, and which requires that individual garden users sign a "hold harmless" agreement to participate in the community garden; and WHEREAS, "Community Gardens Policy" states that garden participation will be open to all members of the public on a tirst-eome, tirst-serve basis, and will provide a general public benetit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: (I) That the City Manager is authorized to allow the use of city-owned vacant lands, not including parks, to create community gardens and to take any and all actions required to implement the creation of community gardens on city-owned vacant lands, not including parks. (2) That the "Community Gardens Policy," attached as exhibit A, is hereby adopted as Council policy to provide guidance in the establishment and operation of community gardens on city-owned vacant lands and the City Manager is authorized to develop and require additional terms and/or conditions not provided for in the aforementioned "Community Gardens Policy" to ensure the effective establishment and operation of community gardens in the City of Chula Vista. (3) That City staff should, as community gardens are established on city-owned vacant lands under this resolution, consider the suitability and desirability of allowing the establishment of community gardens at other locations and to make recommendations to City Council on the suitability and desirability of allowing the establishment of Community Gardens at other locations. Presented by Approved as to form by ~~ Bart Miesfeld City Attorney Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services 9-6 SUBJECT: COMIVJUNITY GARDENS POLICY COUNCIL POLICY CITY OF CHULA VISTA POLlCY NUMBER EFFECTIVE DATE PAGE I OF 7 ADOPTED BY: (Resolution No.) AMENDED BY: Resolution No. (date of resolution) RArKc.ROHND I DATED: 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 gardcns an can also foster environmcntal awareness, positive social interaction, and community education, all while bringing added food sccurity to the community through the dcvelopment of local food source's. The City has the ability to foster thc creation of community gardens by permitting the establishment of such gardens on its vacant lands. PIlRPOSF This policy provides to the City Manager or his designee the authority and guidance to implcment ami approve the use of city-owned vacant land, not including parks, to establish community gardens. This policy further details the procedure and requirements for the establishment of community gardens on city-owned vacant land. POI.ICY T rOMMIlNTTY c.ARnFN ANn COMMIlNTTY PAIHTrTPATION The City may allow the placement and use of community gardcns on city-owned vacant land, not including city-owned parks, as approved by the City Manager or designee. The City Manager or dcsignce has sole and unfettered discretion as to whether or not to allow the creation of a community garden on city-owned vacant lands. For the purposes of this policy, when approval is required by the "City," it means approval by the City Manager or his 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, homeowners 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. Thc Community Group must havc the support of the community where the garden is proposed as dctailed further below. Each Community Group may only operate one community garden unless othcrwise approved by the City. Community gardens are to be utilized by the recognized Community Group to produce annual fruits, vegetablcs, 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 thc City. Individual gardcners may sell their produce oft~site, but it is not intcnded that the use of a community garden be for business and/or for- ATTAC~iiii~NT A SUB.JECT: COMMUNITY GARDENS POLICY COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER EFFECTIVE DATE PAGE 2 OF 7 ADOPTED BY: (Resolution No.) AMENDED BY: Resolution No. (date of resolution) pro lit endeavors. A community garden should promote environmental education, healthy diets, and encouragc the involvement of all citizens who do not have a privately owned (residential) plot for gardening activities. T DATED: 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 Amcricans with Disabilities Act (ADA). The garden site plan prcpared by the Community Group shall consider, but not be limited to, ADA compliance in terms of ingress/egress to and Irom 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. The City, in its discretion, may assist the Community Group with the group's ADA obligations. In addition to any obligation under this policy, 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. II THF PROCFSS FOR COMMUNITY r.ARDF.N PI.ANNINr. The following steps are required to request the establishment a community garden: I. The Community Group must complete a written proposal to establish a community garden. The writtcn proposal must contain 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 survey site to place the community garden; d. The signatures of 30 households within the proposed survey site obtained after a community consultation process indicating that the proposed community garden is supported by the community (the amount of signatures required under this section may be reduced by the City, so long as there are sufficient signatures, in the opinion of the City, that rcflect community support); and e. Any other information requested by the City. If more than one community group submits an application to establish a gardcn in thc same area, garden approval will be awarded on a first-come, first-served basis to the group whose complete application is received first. The City, in its discretion and when possible, will assist the Community 9-8 SUBJECT: COMMUNITY GARDENS POLICY COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER EFFECTIVE DATE PAGE 3 OF 7 ADOPTED BY: (Resolution No.) . AMENDED BY: Resolution No. (date of resolution) Group that did not prcvail to locate alternate sites. I DATED: 2. The proposal will be submitted to the City's Public Works Department, which will act as thc lead in garden establishmcnt and supervision for the City. .. Thc City will endcavor to accept or rcjcct the proposal within 30 days of submittal. The City has sole and unfcttered discrction as to whcther or not to accept or reject the creation of a community garden on city-owned vacant lands. If the proposal is accepted, the City will prcpare a list of potential sites as close as possible to thc requested area. The City will develop this list according to a range of criteria, including, but not limited to, long-term plans for the area, absence of toxic contamination, and/or any othcr criteria established by the City. 4. The City and Community Group will meet to dccidc on a location for the gardcn, choosing from the sites selected in step 3. 5. The Community Group will develop an initial community garden site plan that will include, but not be limited to, the layout and sizc of the plots, location of water sources and drainage, detailcd plans for ADA compliance, and indicate any proposed structures or fences. Thereafter, the City will assist the Community Group to develop a final community garden site plan. Thc City must approvc all community garden site plans. The site plan shall be subject to the following limitations: a. No structurcs or barriers to gcncral public access can be erected, excepting fences as detailed below, raised/ acccssible planting beds, shared composting facility as pcr IV.3.e below, plant supports, and trelliscs, public art, rain barrels and benches. Structures must be mobile, or will require specification in the uscr agreement that such structures will bc disassemblcd and removed by the community group managing the site at the tcrmination of the uscr agreement. b. Fenccs shall not exceed 3 feet in height and should be constructcd of wood, chain link, or ornamental metal. No fence shall be installed without review and approval by the C. , It)'. c. ADA accessibility should be clearly shown on Garden Sitc Plan. I d. Any other limitations imposed by the City. , I 6. After a site is selected and sitc plans have been completed, the City will conduct a CEQA review for the site to ensure that environmental impacts of the gardens are addressed. The Community Group is responsiblc for any and all costs of CEQA compliance; specifically the City may require reimbursement of its expenditures in this regard. The City, in its discretion, may assist the Community Group to meet its CEQA obligations under this poliey. 9-9 SUB.JECT: COMMUNITY GARDENS POLICY COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER EFFECTIVE DATE PAGE 40F 7 ADOPTED BY: (Resolution No.) AMENDED BY: Resolution No. (date of resolution) I DATED: 7. The Community Group must agree to administer and operate the gardens according to a User Agreement, which will extend a limited and revocable license for use of the city-owned vacant land community group. 8. A development deposit may be required to at the time of the agreement in order to reimburse the City for its staff costs associated with Section III. HI COMMlTNITV r;ARDFN FSTARIJSHMFNT AND MAINTFNANCF r;lTIDFIJNFS All community gardens will be developed and maintained at no cost to the City ofChula 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 discretion, may assist the Community Group on a ease-by-case basis. The Community Group will be responsible for all garden activitics including, but not limited to: 1. Site Preparation: a. Removing grass b. Turning the soil c. Adding compost d. Adjusting irrigation systems. 2. Establishment and Operation: a. Installation and maintenance of all community garden facilities; b. Repair to broken or damaged facilities maintaining compliance with the plan/agreement; c. Maintain garden's cleanliness, pest control, 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; 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; and a Any other responsibility required or assigned by the City. 9-10 SUBJECT: COMMUNITY GARDENS POLICY COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER EFFECTIVE DATE PAGE 5 OF 7 ADOPTED BY: (Resolution No.) AMENDED BY: Resolution No. (date of resolution) IV COMMTTNITV (;ARDF.N ITSFR A(;RFFMFNT I DATED: If a Community Group is allowcd by the City to crcate a community garden on city-owncd vacant land, the Community Group and individual gardeners must agree to adherc to a User Agreement ("User Agreemcnt"). The User Agreement is a limited and revocable liccnse and does not creatc for the Community Group, individual gardener/participant, or any person or entity any form of property right or interest to thc city-owned vacant land, including, but not limitcd to, an easement, owncrship intcrest, tenancy, advcrse possession, or lease. Failure to abidc by the terms of the User Agreement may result in termination of the User Agreement and community garden use. The City of ChuIa Vista's Public Works Department will provide oversight to assure compliance with the User Agreement. The City Manager or designee and the City Attorncy or designee must approve the User Agreement. The City or the City Attorney, in their unfettered discretion, may require and include any and all tcrms it decms 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 solc discrction, may incrcase or decreasc thc pcriod of the term. If a change in the term is made, the City will provide written notice. 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-owncd vacant land, including, but not limited to, an easement, owncrship interest, tenancy, adverse possession, or lease. c. The City may require insurance and indemnification from the Community Group. If so, thc 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 spccified by the City Attorney's office. e. Terms specifying the right of the City to terminate the Uscr Agreement at any time and for any reason. The City may, when possible, give thirty (30) days written notice of its decision to end thc Uscr Agreement. The written noticc nced not provide a reason for thc terminating thc 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. 9-11 SUBJECT: COMMUNITY GARDENS POLICY COUNCIL POLlCY CITY OF CHULA VISTA POLICY NUMBER EFFECTIVE DATE PAGE 6 OF 7 ADOPTED BY: (Resolution No.) AMEi'\'DED BY: Resolution No. (date of resolution) 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. I DATED: 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 gardcn among its participants. To this end, the Community Group may require participants to pay a portion of the cost to establish and operate the eommunity garden, hereinafter "Allotment Charges." Allotment Charges may cover the yearly watering, maintenance, and site improvement costs, unless otherwise determined by City of Chula Vista. Allotment Charges charged to gardencrs shall not exceed the amount necessary to cover the normal operating costs of the garden. Records of Allotment Charges to gardeners and expenses will bc kept and forwarded to City of Chula Vista to ensure correct use of monies. Allotment Charges must be approved 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. 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. 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, and the requirement for payment of damages if the site is not returned to its original condition b. Hours of operation will be from 8:00 a.m. until sunset. Thc City, in its discretion, may increase or reduee the hours of operation. e. Language stating that membcrs will only be able to sell the produce of their community garden plots off-site. 9-12 SUBJECT: COMMUNITY GARDENS POLICY COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER EFFECTIVE DATE PAGE 7 OF 7 ADOPTED BY: (Resolution No.) AMENDED BY: Resolution No. (date of resolution) d. Only organic cultivation is to be allowed on community garden sites. No pesticides or chemical fertilizers are to be used. I DATED: e. Each garden will be required to have a shared compo sting 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 ADmTIONAI TTFMS As progress is made on the creation of community gardens on city-owned vacant 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/or conditions not provided for in this policy to ensure the effective implementation of this policy for the City of Chuta Vista. 9-13