Community
Garden
Guidelines
December 6, 2004
The City of
Berkeley’s
Community Gardens and orchards are intended for the use and enjoyment
of the
Berkeley community to grow organic produce, herbs, flowers and fruit,
and for
fostering community among Plot holders and between the Community
Gardens and
their neighbors. The following
guidelines are established to ensure that all participants are treated
fairly
and equally in their use of the gardens located on property that is
owned by
and/or leased from the City.
1.
Priority
for the assignment of garden plots will be given to Berkeley
residents. A Post Office
box will
not be accepted as proof of Berkeley residency. Plot
assignments shall be for the duration of a Plot
holder’s residency in Berkeley and subject to the Plot holder’s ongoing
compliance with these Guidelines.
Plots previously assigned to non-residents may be re-assigned to
Berkeley residents after the current growing season, if a waiting list
exists.
Non‑residents and/or business owners with a Berkeley address will be
accommodated only on a space available basis.
2.
The
Garden Coordinator (GC, see Part III) is responsible for maintaining a waiting
list
for the garden. Persons interested
in obtaining a plot in a garden should contact the Department of Parks,
Recreation and Waterfront at 981-6700.
Plots will be assigned on a first-come first-served basis as
vacancies
occur. The GC shall refer interested
persons on the waiting list to the other City of Berkeley community
gardens to
facilitate filling plots that may be available elsewhere. No person at
any
community garden may have more than one plot while a waiting list
exists. One-time opportunities for plots
to be
re-assigned may be offered by the Steering Committee (see Part III) to
people
on the waiting list when a vacancy occurs. First
preference shall be given to people who express the
need for accessible plots, followed by existing Plot holders, giving
preference
to those who have been Plot holders for the longest time.
3. There
will be no discrimination
on the
grounds of race, color, age, religion, national origin, ancestry, sex,
sexual
orientation, marital status, political affiliation, Vietnam‑era Veteran
status,
physical or mental disability or medical condition, income, street
address or
lack thereof, or other factors in the administration of community
gardens or
application of these guidelines.
1.
Plots
may be individualized only in keeping with the overall garden layout and these
Guidelines. Garden layout and
construction must be safe and secure and shall comply with City of
Berkeley
building code, permit and zoning requirements. Gardens
shall have an open and flexible use area (minimum
100 square feet) within the garden dedicated for the purposes of
hosting
community activities and communicating public information.
Proposed changes in the overall garden
layout and construction are subject to review and approval by the City
of
Berkeley Parks, Recreation and Waterfront Department, and cannot be
approved
without sufficient funds in place to cover all costs. The City may
order
changes as necessary to comply with law.
2.
Gardens
shall provide at least one accessible plot for every 20 plots. At least one accessible path of
travel
shall lead from the entry gate to the accessible plot and to at least
one of
each kind of facility (tool shed, water spigot, gathering area, etc.)
within
the garden. Accessible paths shall
be at least 48 inches wide and made of firm, stable and slip resistant
material, with a 5-foot diameter turn-around space at one end. The path shall be generally flat, well
drained and maintained. Other
paths that are not required to be accessible shall be a minimum of 18”
wide. Gardeners shall strive to
raise funds on an ongoing basis for the purposes of implementing
accessibility
upgrades, including pathways and raised beds, for example.
3.
Gardens
shall be weeded, planted and well maintained year round. Individual Plot holders are responsible
for keeping the pathways around plots smooth, level, and free of
obstructions
including weeds, overhanging vegetation and hazards.
Plots must be kept free of debris, trash, and personal
belongings and equipment that are not used for gardening.
Plot holders may not grow large
permanent plants
or plants whose roots invade other plots, or significantly block the
sun to
other plots. Gardens that are originally planned as orchards may
include
fruit-bearing trees.
4.
Individual
Plot holders are responsible for controlling and eliminating pests
and
diseased plants
in their own plots using methods consistent with the National Organic
Program. Only environmentally safe
and non-toxic products which are listed on the Organic Materials Review
Institute website (http://omri.org) may
be used.
5.
Plants
with invasive seeds or growth habits are discouraged and shall be
maintained at
a higher standard of care to keep these plants from spreading to other
parts of
the garden. No illegal
plants shall be
grown. Seed saving of non-invasive plants
is
encouraged. A gardener practicing
seed saving (allowing plants in their plot to fully develop seeds) may
make the
plot appear uncared for, and shall post a notice at his/her plot or on
the bulletin
board to alert other gardeners.
6.
Gardens
shall promote the practices of reduce, recycle re-use, and rot (the 4 R’s),
in order
to minimize water use and the need for the off-haul of gardening wastes. Plot holders shall strive to operate
and maintain a system of composting yard waste onsite.
Garbage and other waste should be
“packed out”, or Plot holders shall be responsible for arranging for
garbage
pick up with the City of Berkeley’s Solid Waste Division, ensuring that
the
cart is set at curbside on pick up days and not locked behind the gate. Watering should be done in early
morning or late afternoon hours.
7.
All
Plot holders are expected to actively participate in garden matters and
promote
the aspects of “community” in and around
community gardens. Plot
holders shall attend ¾ of all
garden meetings, contribute a minimum of 8 hours per year towards the
maintenance
of garden common areas, and contribute no less than 6 hours per
week during
scheduled garden open
hours.
8.
All
garden meetings are open to the public and shall be held in accessible
locations. It is the
responsibility of the Steering Committee (SC, see Part III.2) to
provide for
reasonable accommodation in all garden meetings, work parties and other
events,
if requested.
9.
Each
garden shall be open to the public a minimum of
six (6) hours per week. Gardens
shall be supervised on site when they are open to the public. Gardeners are responsible for
participating in supervision activities (See II.7) and for scheduling
their
time in advance with the GC. Supervising means being
physically present and
observant to prevent losses or injuries to oneself, children, visitors,
other
Plot holders, plots or equipment. Supervision is not meant to require
physical
confrontation.
10.
Produce
must be harvested.
Community gardens are encouraged
to donate excess produce to soup kitchens or homeless shelters.
11.
Pets on the
premises must be
leashed and pet guardians must clean up after them.
12.
Watering,
weeding, planting and harvesting on another person’s plot is not
allowed without
permission.
13.
Gardens
shall be kept locked when unattended to protect
all affected
plots from loss, unless the gardeners
otherwise
elect to leave their garden open.
City of Berkeley access shall be coordinated.
14.
Each
garden shall have a clear, legible, permanent sign posted where
visitors
from outside the fence can read it, and state the name of the garden
and its
public visiting hours. The sign shall comply with local requirements
and shall
include the name and phone number of the Garden contact person for
information
about the Garden.
1.
Decision-making shall be
democratic,
based on a simple majority of the Garden’s Plot holders all duly
notified in
advance, and those present at the meeting.
2.
On
an annual basis Plot holders shall nominate and elect a two or three
member Steering
Committee (SC). The Steering Committee shall be
comprised at a minimum of the following officers:
a)
Garden Coordinator
a)
Garden Coordinator
b)
Secretary‑Treasurer or
b) Secretary
c)
Treasurer
3.
The
SC will schedule, invite all Plot holders, and conduct quarterly
meetings, work
parties, and promote garden community building events.
The SC is responsible for naming the
common area maintenance tasks. The
Plot holders shall perform perimeter landscaping, litter pick up and
graffiti
removal.
4.
The SC shall maintain
accurate and current records of Plot
holder Agreements, Plot holder
participation, plot configurations, funds, and may act in advisory
capacity to
the Garden Coordinator (see below). SC’s shall update accounting and
membership
records annually and as changes occur, and shall provide an annual
written
report to the City of Berkeley. Standard accounting practices must be
followed
and adequate records maintained to keep track of the Garden’s income
and
expenses. The City of Berkeley may
make inquiries, perform audits and may take any reasonable action it
deems
necessary concerning complaints, abuses, or the adequacy of how funds
are
managed.
5.
SC’s
are encouraged to establish a fair mechanism for resolving disputes. If they
fail, disputes
should be taken to the Berkeley Dispute Resolution Service (528‑1811).
Should
the dispute not be resolved, the Director of the City’s Parks
Recreation and
Waterfront Department is responsible for making a final determination.
6.
The Garden
Coordinator
(GC, see III.2) shall have the lead responsibility to represent the
interests
of the Plot holders, enforce the provisions of the Community Garden
Guidelines,
act as liaison with the City of Berkeley Department of Parks Recreation
and
Waterfront, and take action as he or she sees fit, but only in
accordance with
these Guidelines and other local codes and policies.
7.
Plot holders
have thirty
(30) days from the date of written notice, to correct or respond
satisfactorily
to any deficiencies brought to
their attention by the GC, the SC, or the City of
Berkeley, or else must forfeit their plot.
8.
Annual fees
and/or membership
dues
are expected to be charged to Plot holders in order to cover the costs
for maintenance,
improvements, and/or operational costs.
9.
A plot
plan diagram and a list
of Plot
holder’s names and their assigned plots (not applicable to orchard
gardens)
shall be displayed within the garden, to aid communication amongst Plot
holders.
10.
The City
of Berkeley
is responsible
for maintaining and paying for existing utilities (water, electricity,
and
green bin collection), and for maintaining the perimeter fences it owns
or
leases. Individual gardens shall arrange and pay for collection of
their own
garbage and recycling, and for portable toilets (if applicable).
11.
The Community
Gardening
Guidelines are applicable to all City of Berkeley community gardens. Each
community garden
must comply with these Guidelines. These Guidelines may be reviewed and
updated
whenever necessary, subject to approval of the Director of Parks
Recreation and
Waterfront Department. The Parks and Recreation Commission shall
approve
recommended revisions.
12.
The
attached Community Gardening Agreement is a part of
the Guidelines, and shall be
signed by all Plot holders, formalizing the relationship between the
Plot
holder, the Community Garden and the City of Berkeley.
All original copies of the Agreements
shall be on file with the Parks Recreation and Waterfront Department. Copies of the Agreements may be held at
each Garden.
Revised: 12/6/04
City of Berkeley Department of Parks, Recreation and Waterfront
Community
Gardening Agreement
Community Garden
_____________________________________________________Plot #
_____________
Name__________________________________________________________________________________
Address
________________________________________________________________________________
Telephone:
Home ______________ Work
_____________e-mail: ________________________________
1. I
have read and agree to abide by the Guidelines for the City of
Berkeley’s
Community Gardens
(provided under separate cover), portions summarized herein, as they
may be
amended from time to time.
2.
I agree to
participate physically a minimum of eight (8) hours per year for the
maintenance of shared use areas and participate in ¾ of all garden
meetings. I also agree to provide
on-site supervision the minimum time necessary, equal amongst all Plot
holders,
to ensure that the Garden is open for public viewing purposes a minimum
of six
(6) hours per week throughout the year.
3.
I agree to
relinquish my Plot willingly and in good faith if I fail to take
corrective
action or satisfactorily respond to the deficiencies cited in a written
notice
received from the Garden Coordinator and/or the City of Berkeley.
4.
I shall
participate in community gardening activities with the knowledge that
these
activities could result in injury.
I am aware that the City of Berkeley is not overseeing the
physical condition
or day‑to‑day operations of the Community Gardens. I am voluntarily
participating in the activity of gardening and maintenance with full
knowledge
of the risks involved and my abilities to participate in such
activities, and
hereby agree to accept any and all risks of personal injury resulting
therefrom. I understand
that I am
not, while participating in this community gardening activity, covered
by the
City of Berkeley Workers’ Compensation program.
5.
I hereby agree that I, my assignees, heirs,
guardians, and legal representatives will not make a claim against, sue
or
attach the property of the City for injury or damage as a result of my
participation in the Community Gardens and/or resulting from the
negligence or
other acts, howsoever caused, by any employee, agent, or contractor of
the City
or any other community gardener. I hereby
release and discharge the City from all actions, claims, or demands
that I, my
assignees, heirs, guardians, and legal representatives now have or may
hereafter have for injury or damage resulting from my participation in
the
Community Gardens.
6.
I agree
to inform the Garden Coordinator and/or the City of Berkeley
immediately if
changes in my status occur, including but not limited to my place of
residence
and additional users of my Plot, and agree to update my Agreement
accordingly.
7. I have carefully read the Guidelines and this Agreement and I fully understand the contents of each. I am aware that this is a Release of Liability and a contract between myself and the City of Berkeley and I sign it of my own free will.
Plot holder
Signature___________________________________________ Date
___________________
Others who will assist me in
the upkeep
of this garden plot:
Name
Address
Phone
#
Signature
_______________________________________________________________________________________
_______________________________________________________________________________________
Approved as to Form: City Attorney: 12-6-2004