HomeMy WebLinkAboutSupplemental Communication from Steve Justus1
Gloria Harper
From:Schelly Sustarsic
Sent:Monday, March 30, 2020 9:57 AM
To:Gloria Harper
Subject:FW: External Email : community garden
________________________________________
From: Steve Justus [sjustus@roadrunner.com]
Sent: Saturday, March 28, 2020 6:01 PM
To: Schelly Sustarsic; Mike Varipapa; Joe Kalmick
Cc: 'mailto:mikevaripapa@mac.com'
Subject: External Email : community garden
Madam Mayor and Councilmen,
Please allow me to join other gardeners who have shared their concerns about the decision to close our community
garden. I agree with all of them that (a) physical separation between individual gardeners is maintained by the layout
and size of the plots, and assured because most or all of the plots are fenced; and (b) that the plots are privately held
within a fenced/gated area under contracts with the City. The garden area is not open public space.
Furthermore, each gardener has a written rental agreement with the City. This agreement includes:
1. an application form with contact info; reference to Rules and Regulations with two paragraphs referring to
acceptance of personal responsibility for damages caused, and waiver of the City’s liability for any damage or injury
sustained with use of the facilities; and date/signature, the rental fee amount, proof of residency requirements, and
payment method.
2. a letter from Kevin providing the fee and plot number, renewal deadline date for submittal of the rental
fee/completed application form/agreement/proof of residency, and a list of acceptable documents for proof of
residency.
3. a list of the current Rules and Regulations pertaining to garden maintenance and a few other matters, and in item
#4, reference to the rental fee again.
There is nothing in the agreement pertaining to rights of the City to close or restrict access to the garden, nor to take the
plots except for failure of the gardeners to maintain their assigned and common areas, or for failure to comply with the
other prescribed rules.
Along with the other gardeners, my wife and I have invested time and money in these plots (I just paid $260 for a pickup
truck load of compost, and spent several days rebuilding the beds and planting). We depend on the food produced from
this investment, and I believe we have a right to use the plots under the terms of our rental agreements, especially when
the garden is safer than public streets and businesses where far more people are in constant close contact.
I request your reconsideration of the decision to close the garden, which is not a public space, but a space rented by City
residents for their exclusive private use of separate plots. It is not accurate or realistic to assume that these spaces pose
a significant risk, let alone a greater risk, for exposure to the coronavirus as compared with our public streets or places
open for business to the public.
2
With the current windy and dry conditions, and warmer dry days ahead, my neighbor’s strawberries and my new
seedlings are probably already weathering and dying. They certainly won’t last long. If we can’t get into the garden
soon, we will miss the window of opportunity to plant warm weather crops, and the entire growing season this year will
be wasted (including another neighbor’s annual harvest of berries for jam he gives everyone, and yet another neighbor’s
boxes full of produce he gives away.
You can change the course of this situation if you move quickly.
Thank you, I wish we were outside in our private garden plots on this fine day. My wife and I hope we will be able to
meet you at our plot and enjoy together the experience of picking fresh organic veggies when this situation is resolved…
if there’s anything to pick.
Steve and Stela
377 Galleon Way
714‐343‐4999
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