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HomeMy WebLinkAboutItem No. 10REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: GRANT YATES, CITY MANAGER DATE: MARCH 12, 2013 SUBJECT: MEMORANDUM OF UNDERSTANDING FOR COMMUNITY GARDEN AT ROSETTA CANYON COMMUNITY PARK Recommendations Approve the Community Garden MOU (Rosetta Canyon Park) to commence the process of establishment of a Community Garden at Rosetta Canyon Community Park and authorize the City Manager to execute the MOU, subject to minor modifications as approved by the City Attorney. Background Sylvia Monaco and John Larsen are citizens that have proposed constructing and operating a Community Garden at Rosetta Canyon Community Park. The primary purpose of the Community Garden is for volunteers to produce fruits and vegetables for distribution to needy families in the City. Additional benefits of a Community Garden include: • Recreation — exercise & personal satisfaction from gardening. • Social Interaction with other gardeners. • Community Development — a place to grow a sense of community. • Education — teach children to garden and give back to their community. • Inter - generational Exchange — a place for generations to share a common interest. A Community Garden located in a park setting can be considered an amenity, somewhat like a baseball diamond, tennis court or playground. However, the gardening activity requires investment over a long period of time to reap the rewards and there is limited space available for public participation. AGENDA ITEM NO. 10 Page 1 of 13 MOU Community Garden March 12, 2013 Page 2 Discussion There are a number of unknowns for the concept of the Community Garden to sprout and flourish. Sylvia & John have contacted a number of local citizens and businesses about the concept of a Community Garden and have received positive responses; however, few will commit until the City has committed to allowing the use at the Park. The attached Memorandum of Understanding sets out a roadmap for implementing the community garden vision. The City Council's conditional approval, as contained in the attached Memorandum of Understanding, will demonstrate the City's intent to permit the Community Garden, subject to establishing a "garden club," submittal by the club of a site /improvement plan for the garden, obtaining funding for improvements, developing rules for the garden operations and public participation, and ultimately obtaining a formal revocable license from the City to operate on the park property. Following issuance of the license (which shall be issued administratively and contain conditions with respect to operations), the proponents may begin construction of the garden improvements. City Staff believes the undeveloped portion of Rosetta Canyon Community Park adjacent to the Dog Play Areas would be a good location for the Community Garden. Staff recommends the Community Garden be built abutting the Large Dog Park Area and be constructed substantially similar, in terms of size (3/4 acre) and fencing material as the Dog Play Areas. Fiscal Impact The City would provide water for the Community Garden. The annual cost for the water is estimated at less than $1,000. Attachments: • Community Garden MOU (Rosetta Canyon Park). • Aerial photo of Rosetta Canyon Community Park. • Site Plan for Dog Park Area at Rosetta Canyon Park. Prepared by: Pat Kilroy, Director Lake, Parks, and Recreation Department Approved by: Grant Yates, City Manager -� 4 Page 2 of 13 COMMUNITY GARDEN MOU (ROSETTA CANYON PARK) THIS COMMUNITY GARDEN MOU (ROSETTA CANYON PARK) ( "MOU ") dated for identification purposes only as of March 12, 2013, is entered into by and between the City of Lake Elsinore, a California municipal corporation ( "City ") and Proposers (as defined below). A. The City of Lake Elsinore Parks & Recreation Department has been in communication with community members concerning a plan for creating and managing community gardens on City -owned property. The purpose of this MOU is to develop a process for the Department to work with an interested community partner to promote the establishment and operation of a community garden at Rosetta Canyon Park. B. A community garden typically involves land that is gardened by a group of people, allowing individuals to grow food for themselves or their community. Nationally, community gardening has been recognized for its many benefits, such as promoting healthy eating, providing an outdoor recreational activity, addressing food security, and building vibrant communities. C. In the process of developing this MOU, the Department studied other community garden program models and consulted with community garden stakeholders, including Proposers. D. This plan recognizes that the City has very limited resources to advance a community garden program at this time, and as such, recommends a program model that leverages the City's unused park land along with nominal financial contributions. The recommended program model relies upon a partnerships with Proposers (along with ancillary inclusion of community -based organization(s)) to establish, manage, and sustain the community garden. E. This MOU shall have the following defined terms: "Community Garden" means an area that contains planting beds for vegetable gardens that are used by citizens for personal or nonprofit use. A Community Garden will not be used by any individual for financial gain. Produce may be sold offsite if the proceeds are to benefit a nonprofit organization. For purposes of this MOU, the Community Garden shall refer to the garden to be located at the Garden Area. "Department" means the Department of Parks & Recreation for the City of Lake Elsinore. "Director" means the Pat Kilroy, Director of the Department. "Garden Area " means Rosetta Canyon Park land owned by the City as further set forth in Article II. Community Garden MOU 030413 Page 3 of 13 "Garden Master" means the person who enforces the rules and regulations of the Community Garden, acts as a resource to gardeners, oversees the assignment of garden planting beds, and resolves disputes. The Garden Master shall be named in the Revocable License. The Garden Master will be a volunteer position and not be a city position compensated by the City. "Garden Rules" means those rules and procedures prepared by the Garden Club and approved by the Director that provide for the administration of the Garden Club, participant selection procedures promoting participation by all interested members of the community, participant responsibilities, plot allocation, gardening guidelines and procedures for violation of those rules. "Proposers" generally means the person(s) or nonprofit entity that desires to use park land for a community garden. For purposes of this MOU, the Proposers are Sylvia Monaco and John Larsen. "Revocable License " means a Revocable License and Permit agreement by the Garden Club to use Garden Site for a Community Garden. It is a non - possessory interest in the park land, meaning it gives the holder an agreement right, but no title or right of possession. The Revocable License shall have an attached site plan with general design specifications and the Garden Rules. The Director is authorized to issue the Revocable License and Permit. MEMORANDUM OF UNDERSTANDING ARTICLE I COMMUNITY GARDEN STAKEHOLDERS Section 1.1. The Director has conferred with an advisory group of representatives from a community -based organization and gardening enthusiasts, including Proposers, to meet on an ad -hoc basis to provide information regarding their proposal to operate a Community Garden, best practices in operating community garden programs, and help disseminate information to the broader community. It is anticipated that the Proposers will lead the effort in forming the 'Rosetta Canyon Park Garden Club" or such other name as proposed by Proposers and approved by the Director (hereinafter, the "Garden Club). The Garden Club will be a way of formally organizing the group, provide a decision making process and divide -up the work effectively. It will also ensures that interested community members and sponsoring organizations have a vested interest in the Community Garden and can contribute to its design, development, and maintenance. The City anticipates that the Garden Club will have many functions, including: Appointment of the Garden Master, a treasurer, and such other leadership positions as determined by the Garden Club. =.A Page 4 of 13 • Preparing the site plan for the Community Garden. • Development a budget for the necessary improvements and securing financial contributions to cover the cost of such improvements. • Preparing the Garden Rules. • Submittal of an application for the Revocable License. • Installing improvements to City specifications. • Reviewing participant applications from interested persons throughout the community. • Making plot assignments (as applicable). • Collecting garden dues (if any). • Resolving conflicts. • Distribution of produce to needy families as currently proposed by Proposers. ARTICLE 11 LOCATION Section 2.1. Location: The proposed Garden Area is located at Rosetta Canyon Park immediately adjacent to the Dog Play Area and is approximately % acre. Section 2.2. Site Analysis: The Garden Area is currently an underutilized open space containing both native and non - native landscaping plants. The Garden Club shall be responsible for collecting soil samples to determine if soils were affected from possible past uses. ARTICLE 111 GARDEN ELEMENTS Section 3.1. Basic Elements of Community Garden The parties anticipate that the Community Garden will contain the following elements: Page 3 Page 5 of 13 • An 6 -foot fence around the perimeter with a drive - through gate [required]. The fence shall be substantially similar in design and "look" as the perimeter fence serving the Dog Play Area. • At least 15 plots assigned to community members. These should be placed in the sunniest part of the garden. Raised bed plots should be no more than 4 feet wide (to facilitate access to plants from the sides without stepping into the bed), and between 8 and 12 feet long (consistent with readily - available lumber). In- ground plots can be from 10 x 10 up to 20 x 20 feet. Pathways between beds and plots should be least 3 to 4 feet wide to allow space for wheelbarrows. The soil in both raised bed and in- ground plots should be amended with aged compost or manure to improve its fertility and increase its organic matter content. • A simple irrigation system with one hose bib or faucet for every four plots. Hand watering with a hose is the most practical and affordable for individual plots. Drip and soaker -hose irrigation can be used in all areas of the garden for transplanted and established plants, but especially for deep- rooted fruit trees and ornamentals. The Garden is encouraged to seek out a landscape contractor or nursery or garden center professional to develop a basic layout, materials list and irrigation plan. • A tool shed or other structure for storing tools, supplies, and materials. • A bench or picnic table where gardeners can sit, relax, and take a break, preferably in shade. • A sign with the garden's name, sponsors, and a contact person's phone number for more information. • A shared composting area for the community gardeners. • Perimeter landscaping, which can focus on drought tolerant flowers and shrubs. • A community bulletin board where rules, meeting notices, and other important information can be posted. ARTICLE IV LAUNCHING THE PROGRAM Section 4.1. Performance Milestones. The parties anticipate the following general performance milestones: Page 4 Page 6 of 13 • Formation of Garden Club and appointment of Garden Master [30 days from approval of MOU by City Council]. • Test soil and present Director with proposed site plan for Community Garden [60 days after formation of Garden Club]. • Director approval of site plan [15 days after submittal]. If disapproved, Director to provide reasons for disapproval and Garden Club shall have 30 days to resubmit. • Garden Club to submit written application for Revocable License (attaching approved site plan, proposed garden budget, financing plan and Garden Rules) [30 days after approval of site plan]. • Issuance of Revocable License by Director [30 days after submittal of complete application]. If disapproved, Director to provide reasons for disapproval and Garden Club shall have 30 days to resubmit revised written application. • Install, at a minimum, fencing and irrigations system at Garden Area [within 90 days of issuance of Revocable License]. • Begin planting. ARTICLE V GENERAL CITY POLICIES Section 5.1. The Community Garden shall be subject to the following general policies (which shall also be included and potentially refined in the Revocable License): • The Garden Club must comply with all applicable codes, laws, and regulations. • The Department may place conditions on the Revocable License as determined in the Director's discretion. • The Community Garden and associated activity should not negatively impact Rosetta Canyon Park, i.e., the activity should not disrupt aesthetic qualities, or cause danger to public health and safety. • Pipes or cables are to be installed underground unless it can be justified that an above - ground installation is constructive or essential. The Director shall approve all infrastructure improvements associated with the Community Garden. Page 5 Page 7 of 13 • There shall, as a general rule, be no out of pocket cost to the City unless approved by the Director. • Department staff will have access to the Community Garden and all secured areas within the site at all times. • In the event that the Revocable License expires or is otherwise terminated, all improvements to the Garden Area shall become the property of the City. ARTICLE VI GENERAL PROVISIONS Section 6.1. Nature of Agreement. This Agreement is not intended to constitute a binding agreement by the City or the Proposers, nor is it intended to constitute a binding agreement to issue the Revocable License. Section 6.2. Termination of this MOU. Each party Party reserves the right to terminate this MOU, with or without cause, upon thirty (30) days prior written notice to the other party. Section 6.3. Governing Law. This MOU shall be governed by the laws of the State of California. Section 6.4. Interpretation. This MOU shall be interpreted as a whole and in accordance with its fair meaning and as if each party participated in its drafting. Captions are for reference only and are not to be used in construing meaning. Section 6.5. Amendment of MOU. No modification, rescission, waiver, release or amendment of any provision of this MOU shall be made except by a written agreement executed by each of the parties. Section 6.6. Entire Agreement. This MOU constitutes the entire understanding and agreement of the Parties concerning this subject. Section 6.7. Implementation of Agreement. The City shall maintain authority to implement this MOU through the Director. The Director shall have the authority to issue interpretations, waive provisions, and /or enter into certain amendments of this MOU on behalf of the City so long as such actions do not materially or substantially change the uses or development contemplated hereunder, or add to the material costs incurred or to be incurred by the City. Page 6 Page 8 of 13 IN WITNESS WHEREOF, the parties have executed this MOU as of the respective dates set forth below. "CITY" "PROPOSERS" CITY OF LAKE ELSINORE, a California municipal corporation By: BY: Grant Yates, City Manager Sylvia Monaco Dated: 12013 By. John Larsen ATTEST: Dated: , 2013 By: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: LEIBOLD McCLENDON & MANN, P.C. sm Barbara Leibold, City Attorney Page 7 Page 9 of 13 Page 10 of 13 Page 12 of 13 ROSETTA CANYON PARK TOTAL DW PAW -47,611 S.F. I 9,p4 SF. TUF QTW4K.YJ M9 %=y V IXaViFACT PLC U -W � � PP Ms. UHF PROPOSED DOG PARK SCALE. I It = 40'-0" DATE: 1012912009 Z?'/ Page 13 of 13