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
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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
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on numerous
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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
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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
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Respectfully.
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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
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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."
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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