Loading...
HomeMy WebLinkAbout17 MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA'`�` "" 11 '� Council Members have DocuSign Envelope ID: 38C6E60F-9E3E-4767-A1 CE-E78B9786B60D Submitted On: asked to be laced on a Futu re A enda p J September 13, 2022 3:53pm - America/New York City of Tustin, CA To: Matthew S. West, City Manager Requested By: Co -Signed By: Subject: Requested Meeting Date: (Please submit the request at least seven (7) days prior to a regularly scheduled City Council meeting.) Brief Summary of Narrative of the Item's Intent: Signature Data Co -Signed By: Council Member Clark Mayor Lumbard Agenda Item No. 17 DS Reviewed: ss City Manager To discuss a proposal from One Seed to begin and support the implantation and programing of a community garden on a city owned space within Old Town Tustin. September 20, 2022 Community members initiated discussions about a community garden with the city in 2020. Discussions about varied benefits to the community were included in the discussion along with opportunities to partner for the greater benefit of local residents, youth, and environment. Since 2020 the ideas around location, programming, and ongoing support have been more refined and a temporary proposal is now ready to be presented and discussed by the entire council. First Name: Letitia Last Name: Clark Email Address: Iclark@tustinca.oef ��P-�ii-�� Lif �-i�•� Signed at: September 13, 2022 3:53pm America/New_York DocuSigned by: EIf"a 119DEE3S67C041A— Austin Lumbard 09/13/22 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Q ONE SEED Community Garden We are contacting you on behalf of One Seed, a foundation formed by a group of diverse women residents in t goal of building community and creating the first ever unityaAjd@ffijHjQ6Town it and planning on numerous rt, created a u d a fiduciary a diversified Ride of the existing bles.* It would also As noted in the attached lease a are requesting that the City of Tustin continue watering the existing park e . Additionally, we request access to a water m toCRI xi �� ria ' sysMs,�c Mitie Mt of our plan is to` ; i a�tioii y t� en4that 6rts` n. All community garden costs will be covered by One Seed with the City of Tustin providing only the land and access to water. One Seed will cover any water expenses in excess of 1000 CCFs annually. *For more details, please see the attached concept design plan drafted by One Seed's secretary and landscape designer, Susan Anon. 9115 W. Main Street /Tr www.OneSeedCommunityGarden.com Tustin, CA 92781 VL +714-253-7556 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D _P= ONE SEED Community Garden Pur We of )thearden: The garden would serve as a place where community members can grow nutritious food, gain an understanding of how to landscape with native, low- water -use plants, and engage in multi also address food insecurit of our harvest local food banks. Ad ' nail where community m o a shared plant va ie I Logistics: u b e d would ha e e e rat un Stewards One Seed is t Ip our believes th e t n' contribute. rs higher purpos dr s d service. We achi t ra g e a membe and crea s d p u le I ess along, recent nky fourp o y tim is Our phone numbers and emai as intergenerational learning. It would red with volunteers and s IR%Lseed library- a place wn rdens, preserving I r Treasurer rd s, d Garden s e. e ur board d portant to k r ' service of a I e ity and public ur mmunity and its e ange of ideas and listed below. Respectfully. Sa> b UNIYMa"a4 o LJ�i n One See President One Seed Vice Presi SamRobertsonOCOgmail.com, 949-636-4484 manon.mariana gmail.com, 781 - Susan Anon Mia Dizon One Seed Secretary One Seed Treasurer susan.anonOgmail.com, 909-576-4997 miacarlaOicloud.com, 714-329-3288 **Seeds for a community garden are being sowed in Tustin, Orange County Register, September 7, 2022, https://www.ocregister.com/2022/09/07/seeds-for a-community-garden-are-being-sowed-in-tustin/ Q 115 W. Main StreetW www.OneSeedCommunityGarden.com Tustin, CA 92781 Vv +714-253-7556 o�-/� o` p 0 0 o FRWT rVF-E� r MV RRL WALL— —VERTICAL TRELLIS FOR � � VEGETPBLES 'o 0 D � J o a a o c a d p o COMPOST- SYSTEM RA\SED VEGETAbLE 6EpS b d G fl Alcrn k"Il TAnI ��iT.n'� L v��Lt� IiVC J vn CJ, - �L„tl I "" SRIDGE o O d- o J O pt Y CREEKgEDf SEP60NAL d a WILDFLOWER GARDEN Q o o o d G a --'D � NNTIVE OAI<TREE [3U7TERFL-Y/ PDL-LINATOR GARDEN AREA TOOL SHED RAIN BARRELIL PDTTINC� C3ENCH BENCH ENTRKNCE G RT E" , EXISTING - FENCE j PICK 1 C AREA CON AN" GPnCEN C uj f- Q co r - Q N W Z LU z Cryryo � 1� } J t O O v Q V LU U') 0 W Ln 6 -1 PE SED 09_lo"27- MRY 07, 2021 i N 1/41 1 0 7'3 6 CONCEPT ?LkN DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D ONE SEED COMMUNITY GARDEN LEASE THIS IS A COMMUNITY GARDEN LEASE (the "Lease"), dated as of The City of Tustin, ("Landholder") and One Seed Community Garden. between One Seed Community Garden wishes to develop and operate a community garden. Landholder is willing to lease land to One Seed Community Garden for that purpose on the terms described in this Lease. Landholder and One Seed Community Garden Agree as Follows: 1. GARDEN, TERM AND RENT 1.1 Lease. Landholder leases to One Seed the approx 4,500 -square foot Garden located at 450 EI Camino Real (the "Garden"). 1.2 Use. One Seed will use the Garden for the sole purpose of operating a community garden (the "Garden") with plots or joint cultivation areas to be assigned by One Seed Community Garden to community members. 1.3 Term. The term of this Lease is 3 year(s), starting on [ ] and ending on [ ]. This Lease will terminate upon the expiration of this term or the final renewal term, if any, or if either party terminates it as described in Section 4. 1.4 Renewal. This Lease will automatically renew for an additional 3 -year term unless either Landholder or One Seed Community Garden provides written notice to the other of non -renewal. 2. OPERATION AND MAINTENANCE OF GARDEN 2.1 Garden As -Is. One Seed Community Garden acknowledges that Landholder is not making any representations, warranties, promises, or guarantees of any kind to One Seed Community Garden, including, without limitation, any representations about the quality, condition, or suitability of the Garden for use as a community garden. In deciding to enter this Lease, One Seed Community Garden has made its own independent evaluation of the suitability of the Garden for a community garden. 2.2 No Landholder Responsibilities. One Seed Community Garden has sole responsibility for the planning, setup, management, and carrying out of operations on the Garden, including, without limitation, obtaining any permits required for operating a community garden. Landholder has no obligation to make any alterations, improvements, or repairs of any kind on the Garden, or to provide any services or other support (with the exception of water as described below in section 3.1). 2.3 Comply with Laws. One Seed Community Garden will use and operate the Garden in compliance with all applicable zoning, environmental, and other laws and regulations DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 2.4 Garden Regulations. One Seed Community Garden will operate the garden in accordance with a set of garden rules. One Seed Community Garden will require all users and volunteers to enter into a gardener agreement and waiver of liability. 2.5 No Alterations. One Seed Community Garden will not make or permit any alterations or improvements to the Garden without Landholder's prior written consent, except for a shed, fences, raised beds, hoop houses, benches, bicycle racks, picnic tables, rain barrel systems, and other features common to gardens. 2.6 Right of Inspection. Landholder may enter the Garden at all reasonable times to inspect the Garden and evaluate whether One Seed Community Garden is in compliance with the terms of this Lease. One Seed Community Garden will provide a key to any gate to the Garden. EXPENSES 3.1 Utilities. The City of Tustin will pay for the water used on the Garden during the Lease term. Anything in excess of 1,000 Centum Cubic Feet ("CCF") annually will be paid for by One Seed. The City of Tustin will provide One Seed with access to the existing water meter on site for purposes of water usage monitoring. 4. TERMINATION 4.1 At Will. This Lease may be terminated at any time by either Landholder or One Seed Community Garden with 90 day written notice. 4.2 Cooperate in Transition. Upon termination or expiration of this Lease, the rights of One Seed Community Garden under this Lease will immediately, automatically, and without consideration terminate and revert to Landholder. One Seed Community Garden and Landholder will cooperate in good faith in reasonable transition activities with Landholder prior to and after termination of this Lease in order to minimize impact on the community and Landholder's use of the Garden. 5. WAIVER OF LIABILITY 5.1 Waiver of Liability. One Seed Community Garden releases and waives all claims against any Landholder with respect to or arising out of (a) any death or any injury of any nature whatsoever that may be suffered or sustained by One Seed Community Garden from any causes whatsoever, except to the extent that such injury or death is caused by the gross negligence or willful misconduct of such Landholder; (b) any loss or damage or injury to any property on or about the Garden belonging to One Seed Community Garden, except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by One Seed Community Garden and is caused by gross negligence or willful misconduct of such DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Landholder; or (c) the condition of the Garden and suitability of the Garden for use as a community garden. Subject to the prior provisions, Landholder shall not be liable for any damage or damages of any nature whatsoever to One Seed Community Garden caused by explosion, fire, theft, crime, or negligent behavior, by sprinkler, drainage, plumbing, or irrigation systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain, or other substances leaking, issuing, or flowing into any part of the Garden, by natural occurrence, or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance, or alteration of any part of the Garden, or by anything done or omitted to be done by One Seed Community Garden or any other person on the Garden. In addition, Landholder shall not be liable for any Losses for which One Seed Community Garden is required to insure. This Section 5.2 will survive any termination of this Lease. 6. INSURANCE 6.1 Insurance. One Seed Community Garden is responsible to take out and maintain without interruption during the term of this Lease comprehensive general liability insurance naming Landholder as an additional insured, affording coverage for bodily and personal injury liability, including liability for death, and property damage, or a combination thereof, in an amount not less than One Million Dollars ($1,000,000). Coverage shall be made on an "occurrence" basis and not a "claims made" basis. 6.2 Evidence of Insurance. On or before Landholder delivers possession of the Garden to One Seed Community Garden, One Seed Community Garden will provide Landholder with a copy of the insurance policies required by Section 6.1. 7. 7. GENERAL PROVISIONS 7.1 Entire Agreement. This Lease is the entire agreement between Landholder and One Seed Community Garden and supersedes all prior or contemporaneous written and oral agreements, negotiations, correspondence, course of dealing and communications between Landholder and One Seed Community Garden relating to the same subject matter. 7.2 Modification and Severability. This Lease may be modified only as stated in a writing signed by both Landholder and One Seed Community Garden which states that it is an amendment to this Lease. If any provision in this Lease is held invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. 7.3 Waiver. Any waiver of any term of this Lease must be in writing. Failure, neglect, or delay by a party at any time to enforce the provisions of this Lease will not be considered a waiver of that party's rights under this Lease. Any waiver shall not be considered a waiver of any later breach or of the right to enforce any provision of this Lease. DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D This Lease is signed by Landholder and One Seed Community Garden as of the date first written above. 8. RENTS 8.1 Rent. Rental amount will be one dollar per month payable annually. LANDHOLDER ONE SEED COMMUNITY GARDEN DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D ONE SEED COMMUNITY GARDEN CONTRACT As a gardener in the One Seed Community Gardens, I agree to the following policies: 1. 1 agree to abide by any decisions made by the leadership team. 2. 1 agree to volunteer at least 4 hours for general garden construction, maintenance, and/or committee work needed for the success of the garden. 3. 1 agree to follow organic gardening principles by not using herbicides, chemical fertilizers, human waste, or pesticides on my plot. Failure to abide by this rule will result in forfeiture of my gardening privileges. 4.1 will completely separate my trash into three groups: 1) dead plants, leaves, and other green waste plant parts; 2) rocks, stones, and asphalt; and 3) paper, plastic, cardboard, wood, metal, etc. I will put each type of trash only in the areas designated specifically for each. Anything I bring from my home I will take back home. I will not bring household trash and leave it at One Seed Community Garden. 5. 1 will not bring weapons or pets or other animals to the garden. No smoking or spitting in the gardens is allowed. 6. 1 will respect other gardeners, and I will not use abusive or profane language or discriminate against others. 7. 1 will work to keep the garden a happy, secure, and enjoyable place where all participants can garden and socialize peacefully in a neighborly manner. 8. 1 will not waste water. If I use the water, I understand it is my responsibility to ensure that the main spigot is turned off in a timely manner. 9. Breaking any rules, terms, and conditions may be cause for exclusion from the garden and loss of my plot. 10. 1 forfeit my right to sue the owner of the property, the City of Tustin, or the One Seed Community Garden organizers. 11. 1 acknowledge that I have read and understand all of the provisions of the Lease Agreement entered into by One Seed Community Garden. I agree to abide by all pertinent requirements listed within said Lease Agreement. DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 12. 1 agree to all the above policies. I understand failure to garden by these rules may result in forfeiture of my plot. Signature Phone Address, City, Zip Code Contract Date Printed Name Email DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D ONE SEED COMMUNITY GARDEN GARDENER AGREEMENT 1. 1 use this garden at the sole discretion of the One Seed Community Garden Committee. I agree to abide by its policies and practices. 2. 1 will attend at least two garden workdays. If workshops are offered, I will do my best to attend at least one on each of the following topics: soil preparation and maintenance, watering the vegetable garden, and pest and disease control. 3. 1 will keep work space, paths, and surrounding areas clean and neat. I will dispose of plant material in the designated compost areas. Anything I bring from my home I will take back home. 4. 1 will water the plot according to water -wise guidelines. 5. 1 will not take food or plants from other gardeners' plots. I will not take anything from the garden that is not rightfully mine. 6. Guests and visitors, including children are encouraged to join you in the garden, or on workdays. They should follow all rules, terms, and conditions stated here. 7. 1 will respect other gardeners. I will actively work to unpack my personal biases, learn more about the diverse people in my garden and respect each individual involved with the garden. & 1 will work to keep the garden a happy, secure, and enjoyable place where all participants can garden and socialize peacefully in a neighborly manner. 9. Adult gardeners are responsible for their own safety. Children of gardeners are expected to be under the control of their parent(s) or guardians(s) when at the garden site. Young children should be escorted across the roadway. 10. If you see a hazard, unsafe condition, or situation that could result in injury or ill health, take the appropriate action. Eliminate the hazard or unsafe condition only if you are able to do it safely and are comfortable taking the action to correct the hazard or unsafe condition. Otherwise, notify the garden organizer as soon as possible. 11. The use of chemical herbicides, pesticides, and fertilizer is not allowable within the garden. 12. 1 will not plant any illegal plants. I will not smoke, use illegal drugs, or gamble in the garden. I will not come to the garden while under the influence of alcohol or illegal drugs. I will not bring weapons to the garden. DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 13. Rototillers, lawn mowers, power weed trimmers, wood chippers, chain saws, or other power equipment will be operated in the garden only by individuals over the age of 16 who own the equipment or have themselves leased the equipment for use. These individuals use this equipment at their own risk. 14. 1 will return garden borrowed garden tools to the shed when I am finished using them. I will bring home any tools of my own that I have brought to the garden. Gardeners agree to hold harmless (Landholder) volunteer organizers and work leaders, their partnering organizations and their employees, Board Members, Officers, Volunteers and other persons and land owner(s) garden(s) from any liability, damages, loss, injury or claim that occurs in connection with association with the One Seed Community Garden. I have read and understand the application and accept these rules, terms, and conditions stated above for the participation in the One Seed Community Garden. Signed: Approved: Gardener Garden Coordinator/Committee Member Date: Date: DocuSign Envelope ID: 38C6E60F-9E3E-4767-A1 CE-E78B9786B60D 6u en are being sowed in Tustin —Orange County Register LOCAL NEWS • News Seeds for a community garden are being sowed in Tustin One Seed Community Garden President Sam Robertson is working to bring a community garden to a lot (behind the fence) along EI Camino Real inTustin, CA. Robertson is co-owner of Arvida Book Co. located down the street. (Photo by Paul Bersebach, Orange County Register/SCNG) By MALIA MENDEZ I mmendez@scng.com PUBLISHED: September 7, 2022 at 3:08 p.m. I UPDATED: September 7, 2022 at 3:08 p.m. Tustin's small-town magic drew Sam and Mike Robertson to open their independent bookstore in the city's Old Town district and is now powering their campaign to build the city's first community garden. During the pandemic, Sam Robertson said she found comfort in gardening - working with her hands, she said, healed her spirit amid so much collective grief. Wanting to share those mental health benefits with others, she hatched the idea for an outdoor space where community members could harvest their own produce, learn about sustainable agriculture and connect with their neighbors. "It was my'Field of Dreams; Kevin Costner moment," she said. "I knew we had to do this." Robertson's idea germinated into One Seed, a community group that proposes to turn a 100 -by -45 -foot strip of city property off EI Camino Real into a community and educational garden. The project has already won a $23,000 grant from OC Supervisor Katrina Foley's office. This past year, as part of her office's climate and sustainability priorities, Foley solicited applications for projects related to sustainability and food insecurity. One Seed's application stood out because of its proposal for an "outdoor classroom" where people of all ages could learn about food p . production and preservation, Foley said. https://www.ocregister.com/2022/09/07/seeds-for-a-community-garden-are-being-sowed-in-tustinl 1/6 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A1 CE-E78B9786B60D r,—en are being sowed in Tustin –Orange County Register The community garden's site plan, created by landscape architect Susan Anon, features several eco -friendly design elements, including a greenhouse, compost system and a California native plant garden. "There's a lot of Southern California plants that don't like summer irrigation;" Anon said, and despite common concerns surrounding the state's low rainfall, "you can have a thriving garden here:' Anon's expertise is in permaculture, or the agricultural practice of integrating human activity with natural surroundings to create highly efficient, self-sustaining ecosystems. One Seed's proposed lease of the city property for the garden will need City Council approval - it is likely to be considered in early October - but Robertson is confident in the council's support and said the garden will cost the city "next to nothing considering One Seed's wealth of volunteers and donors eager to support the project. In addition to the funding from Supervisor Foley's office, One Seed has also received $2,500 in grants from the Tustin Community Foundation as well as raised more than $1,000 with just one community bake sale. The garden would be a short walk for customers of Robertson's Arvida Book Co., which she opened with her husband in the middle of the pandemic, and will have ample seating for readers seeking a more open-air spot for cracking open a book. At Arvida,'you're expected and encouraged to linger;' One Seed board member A.J. Rickeman said. At the community garden, it will be the same. "You go to any independent bookshop in any small town, and it's the soul of the community," Robertson echoed, saying this new outdoor space is an extension of Arvida and herself. In celebration of that, Robertson said she plans to grow peppers native to the Caribbean - where her parents and older siblings were born - such as Wiri Wiri peppers and Scotch Bonnets, in the garden. "You can't go into Albertson's and get something of cultural significance to my family," she said. Robertson said the group also hopes to rent out spaces to others in the community so they too can grow produce that is important to their identities. "One Seed came from the idea that we can grow as people and as a community;" that people connecting with their own heritage and with others allows everyone to grow, board member Micaela Rodgers said. "It's not a charity thing that's one-dimensional;" Rodgers said, rather the garden seeks to harness the experiences and knowledge of community members. While a portion of the produce grown at One Seed will go home with its visitors, Robertson plans to donate the majority of what is harvested to local food banks. She hopes that, like the garden itself, Tustin will become a self-sufficient ecosystem if more spaces like this are put to use, she said. "Nobody should be hungry when there's empty spaces, free sunlight, and people who are willing to work." Newsroom Guidelines News Tips Contact Us Report an Error FT] The Trust Project Tags: community, Top Stories OCR Malia Mendez Malia Mendez is a reporting intern from Irvine. She is interested in gender issues, equitable education and pop culture. i■ Outside of the Register, she is a rising master's student in communications and journalism. mmendez@scng.com https://www.ocregister.coml2022/09/07/seeds-for-a-community-garden-are-being-sowed-in-tustinl 2/6