HomeMy WebLinkAboutApprove Concept of 2.5 Acre Community Garden on Southern Cal Horneovvner Concerns
and Objections
to the Current Location
and Operation
of the Huntington beach
Community Garden
August 15, 2011
Presented to: City Council, City Administrator,
Community Services Director, City Planning and Zoning,
Southern California Edison Company
RECEIVED FROM
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Fable of Contents
Overview of Homeowners Perspective ............................................................................ 4
Article Published In Huntington Beach Independent: ...................................................... 4
Complaints Sprout Up Over Garden............................................................................. 4
Zoning.............................................................................................................................. 7
Residential Agriculture................................................................................................. 7
Failure to Provide Notice to Property Owners ............................................................. 7
Semantics/ Loophole ................................................................................................... 8
Current RA Zoning Occupants within Huntington Beach: ............................................. 8
PrivateProperty........................................................................................................... 9
Location of Garden (behind residential homes is not appropriate).................................. 9
Potential Alternate Sites for Community Garden ......................................................... 9
Garden Operations and Activities —Concerns of Adjacent Homeowners..............:........ 10
Noise.......................................................................................................................... 10
Dustand Dirt.............................................................................................................. 10
HealthConcerns......................................................................................................... 11
Courtesy and Respect ................................................................................................ 11
Aesthetics .................................................................................................................. 11
Loitering, Congregating, and Group Assembly ........................................................... 12
Community Garden Rule Enforcement, Security........................................................ 12
Consequences of Breaking Rules............................................................................ 12
Garden Effect on Environment....................................................................................... 12
Wildlife ...................................................................................................................... 12
Garden Effect on Property Values.................................................................................. 13
We need help from City council..................................................................................... 13
Request for Action from City Council members, City Administrator, City
Planning/Zoning, and Director of Community Services .............................................. 14
Conclusion ..................................................................................................................... 14
Appendix1..................................................................................................................... 16
Attached to a-file as RA Designation Provisions 7-28-11............................................ 16
Appendix2..................................................................................................................... 17
Chairs, Trellis' and Fences Currently in Garden Area.................................................. 17
Appendix3..................................................................................................................... 36
Current RA zoning occupants within Huntington Beach............................................. 36
Appendix4..................................................................................................................... 38
Plot map approved by City for the HBCG ................................................................... 38
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Appendix5..................................................................................................................... 40
See attached PDF file: Community Garden Alternate Site Visit Forms 7-28-11 .......... 40
Appendix6..................................................................................................................... 41
Affect on Wildlife and Environment........................................................................... 41
Appendix7..................................................................................................................... 46
E-mail Correspondence Regarding HBCG concerns. ................................................... 46
Appendix8................................................................................................................... 111
Notes from Kathleen's comments to City Council on May 16, 2011......................... 111
Appendix9................................................................................................................... 113
Copy of June 291" Meeting Notice to Residents........................................................ 113
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Overview of Homeowners Perspective
As homeowners who either are or may be affected by the Huntington Beach Community Garden we
want to make sure that everyone knows we are not opposed to the idea of a Community Garden. Our
concerns and objections are strictly with the location and operation of the garden as well as the
circumstances that lead to it being located where it is today. Our hope and desire is that the city takes
the time and makes the effort to learn about the garden and begins to understand why its current
location is not a good one, why it is and will continue to be unfair to the affected community and why
it would be in the cities best interest,the gardens best interest and certainly in the neighborhoods best
interest to consider alternative locations for the garden.
As homeowners we believe we and every homeowner in the city has a right to a reasonable degree of
privacy and the expectation of a reasonable degree of notice. I know it's hard to determine what
reasonable is but we would like to ask each member of the city council to think about how many
neighbors they have next to their back yard. Most who live in single family home will say one or two or
three. Now imagine one decided to actively decides to create a garden. At times you'll hear pounding,
digging, some days you'll share the dust, your children might learn a few cuss words when frustration
levels rise, some days you'll smell the manure from the fertilizer being used, you'll certainly overhear
husbands, wives and friends conversing in the garden and maybe you'll share the joy of a rototiller
digging up the soil.All of this is reasonable to expect if one of your neighbors decides to build a garden.
Imagine what you life might be like if all three of your neighbors did the same. More noise, more dust,
more digging, more disruption to your life. You'd certainly feel like your privacy had been invaded. But
that was just 3 neighbors. Now imagine 10 neighbors all immediately just over your back wall or fence
all doing the same. Is that reasonable for any neighborhood of single family homes? How about 50 or
maybe 100 neighbors pounding, digging, creating dust, congestion, noise, parking, using power
equipment, and just conversing. The fact is there are 110 plots in the HBCG and it seems inherently
unfair that any group of homeowners should have to live with 110 gardeners in their backyard ...
especially when there are several other alternative site that will work very well for the city and the
garden and at the same time respects the reasonable rights and expectation of the homeowners within
the city of Huntington Beach.
Thank you for your consideration of the issues involving the HBCG and I hope we have begun a
meaningful discussion regarding a suitable location for the garden.
Article Published In Huntington Beach IndependenL-
Cornpiaints Sprout Up Over Garden
Residents who live next to community garden are upset by influx of
strangers at all hours of the day and a lack of privacy.
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Kathleen Saindon looks out at the Huntington Beach Community Garden from her backyard on
Tuesday. (SCOTT SMELTZER,HB Independent/May 25,2011)
By Mona Shadia, mona.shadia�latimes.com
May 25, 2011 1 4:29 p.m.
The Huntington Beach Community Garden began as a way to bring people together for a common
purpose:to grow their own organic fruits and vegetables.
But for some residents living nearby, the garden is a fruitless endeavor.
"It has become increasingly hostile," said Kathleen Saindon,whose bedroom window looks over the
garden. "The business model for this garden did not include the community. It did not include us
homeowners."
Saindon and others say their backyards are filled with strangers who garden early in the morning and at
night when they are home resting. On the weekends,they say,people are there almost all day. Gophers
have left the open land,which has been undergoing construction for the garden,and are digging into the
residents'backyards.
"They are back there doing a hobby," resident Gary Tilbury said of the gardeners. "We live here."
Tilbury's wife,Lauren, said it has become difficult for her to open her kitchen window, cook breakfast
on a weekend morning and enjoy her privacy.
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Complaints have mounted so much that the city, which negotiated the land use with Southern California
Edison on behalf of the nonprofit running the garden, is planning a meeting with the residents, said
David Dominguez, facilities, development and concessions manager for the city.
The meeting is expected to take place in early June, he said.
"I sympathize,but it's private property," said Councilman Devin Dwyer, who worked with the
community garden to bring it to life. "I'm sure they prefer that this is all just one happy community, but
we're going to run into small problems. I don't think these are unsolvable."
Dwyer said perhaps the hours can be tailored to give the residents more privacy.
"I don't think they need sun up to sun down,"he said. "I think we can tailor it, and that's where
compromise will have to come into play."
Randy Bresee works early hours at Cedars-Sinai Medical Center in Los Angeles and finds it difficult to
go to sleep early because of gardeners who are talking and making noise.
"We have small backyards,"Bresee said. "We have people right there at your kitchen at all times of the
day. I work weird hours, and I'm in bed sometimes at 5 o'clock, and it's just an intrusion."
Margaret Abo,who runs her daycare business from home, said she had to put up a six-foot-high solid
fence because she didn't feel comfortable exposing the kids to all the people coming and going.
"I don't know anything about the people back there, because we had no notices about who is doing this,"
she said. "It's not very nice. You live in a neighborhood for over 30 years, and all of the sudden, you
have, like, 100 people in my backyard popping up any time of the day."
Annette Parsons, vice president of the nonprofit, said she and her colleagues want to be good neighbors
to the residents and are working with them to find solutions.
"There's no community garden in Huntington Beach. This is the only one that we have,"Parsons said.
"And there's 112 families that now have an ability to create a vegetable garden, and the benefits of
having an organic garden are numerous."
Parsons said aside from working with the residents to find solutions to their concerns,the nonprofit
plans to team up with the local Boy Scouts to beautify it.
The nonprofit is prohibited from using machinery or heavy equipment per the agreement with Edison
and has to remove growing weeds, which is something Edison did at least twice a year.
"That would've happened regardless of the community garden," Dwyer said.
There are several successful gardens throughout cities in Orange County, including Costa Mesa and
Newport Beach. The Huntington Beach garden, which was modeled after others in Long Beach, is the
first of more to come,Dwyer said.
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Zoning
Residential Agriculture is the current land use designation for the property where the HB
Community Garden is presently located.' A copy of permitted uses for Residential Agriculture is
attached (Appendix. 1).
"Unregulated" Residential Agriculture is the zoning section HBCG is operating under. The description
of"Unregulated RA" reads: "Agricultural and horticultural uses such as orchards, field or bush crops,
vegetable and flower gardening".
In theory the Community Garden sounded as though it would fit this description. The execution of the
Huntington Beach Community Garden is completely beyond the scope of the Residential Agriculture
description of approved property use. Instead of an orchard field or bush crops there are 110 divided
plots with individual multiple crops within each plot, individual fences for each plot, individual trellises
and housing for vegetation to climb, individual decor, seating for extended stay. The Huntington Beach
Community Garden received permitted use under RA but has turned the area into a private park for
110 individuals who have treated each individual space as such (Appendix 2). These photos are not in
any way consistent with the diagrams provided to the city or zoning department in the approval
process.
Attached are copies of the plot maps presented for project approval (Appendix 4) Please note the
huge disparity between what was submitted and approved and the current garden operation.
Failure to Provide Notice to Property Owners
As affected property owners we have always been notified of activity within the SCE "open-space
which would potentially affect our quality of life. These notifications include opportunities for public
comment. Past examples of notices include:
• Cell Tower Installation and equipment housing (Seaspray quadrant)
® Cell Tower Installation and equipment housing unit (Dana Dr/SA River quadrant)
• RV Storage Area at SCE Property(Garfield Ave/SA River)
® Christmas Tree Nursery(Spar, Sprit, Dana, Galbar quadrant)
Board members of the Huntington Beach community garden represented to HB officials, including
Dave Dominguez, City of HB Community Services Dept.,that all affected homeowners were notified
of the intended change of use for the existing open space and that homeowners supported the idea..
THIS IS ABSOLUTELY FALSE. Not one single adjacent homeowner to the Huntington Beach
Community Garden was provided with ANY information regarding the HBCG. In fact, it appears as
though Board members from the HBCG intentionally notified all residents with the affected tracts
EXCEPT homeowners which may have potential concerns. It also becomes more apparent daily that
1 Per Hayden of City of Huntington Beach Planning Dept.6-6-11.
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the old adage "better to ask for forgiveness than permission" attitude is prevalent along with the
attitude of"good luck having us relocated now that we are here."
Semantics/Loophole
The property is currently occupied by the Huntington Beach Community Garden under"Unregulated
Residential Agriculture. We respectfully request for the zoning department to re-evaluate whether
the current Huntington Beach Community Garden operation is consistent with what was presented
and approved by the Zoning department. (See photos Appendix 2)
The HB Community Garden is in essence a Park operating under the name of a Community Garden!
The site is not being used for Residential Agriculture use as zoned. Following is a description of the
current Community Garden environment:
■ The garden is operating as 110 individual plots to be used for multiple crops not an orchard,
field, bush crop,vegetable or flower gardening.
® 110 Private different types of fences are being installed within the garden.
(See photos Appendix 2)
m Individual different chairs have been installed within many of the garden plots.
(See photos Appendix 2)
• Garden is being used as a park for loitering and gathering by adults and horse play by children.
This is now a regular occurrence in the garden due to the setting, chairs, decor, etc.
• Decorations according to personal taste are installed in the 110 individual plots.
• This is not a community garden but 110 people with their own taste and desires doing as they
see fit without regarding to the surrounding homeowners. (See photos Appendix 2)
Current RA Zoning Occupants within Huntington Reach:
There is no other "Community Garden" operating within the city of Huntington Beach under an RA
designation. All other RA designated space is used by commercial nurseries or storage facilities which
appropriately take into account the proximity of certain activity to adjacent residents. These RA
operations all included notification to residents prior to issuance of a "CUP".
Current use of open space under SCE power lines (SCE private property) includes Tree Farms and
Nurseries operating within RA zoned property. These sites have minimal impact to the adjacent
residents as follows:
1. Limited numbers of workers (2-5), (See photos Appendix 3)
2. Standard business hours(8-5, M-F),
3. Minimal noise
4. Are not social gathering points. (See photos Appendix 3)
Tree Farms and Nurseries do not invade the privacy and tranquility of the adjacent property owners to
the degree of a community garden (aka park). With over 110 plots (at its smallest), there is a continual
flow of visitors, 7 days/week, 12 hours per day, 365 days per year. Adjacent residents have instantly
gone from having one neighbor to having 110 new neighbors. The land is not zoned for this use! If
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visitors/participants are not gathering or staying long, there is no need for a port-a-potty(See photos
Appendix 2, page 30)
Private Property - The residents understand as pointed out by Mr. Dwyer that the land is private
property! Private property doesn't mean the property owners can do whatever they want with their
property! We can't tear down our homes and put up a four unit apartment complex without going
through proper channels. A change of zoning (it is not being operated as RA) should go through an
appropriate process and this did not!
As homeowners we residents count on city officials and the zoning department to do their due
diligence in representing us. While it may have appeared to the zoning department and city council
that the Community Garden was welcomed by all and that all affected parties were notified, none of
this was done! In fact,judging by the defensiveness of certain officials involved it appears as though
there is a "hidden agenda" to support the HBCG (renters) and not even listen to the concerns of the
homeowners (taxpayers), your constituency! The property is not being used for Residential Agriculture
as zoned. The land is being used as a park but called a "garden"to satisfy the RA unregulated zoning!
Location of Garden (behind residential homes is not appropriate)
The current location adjacent to residential housing is not appropriate for a Community Garden. The
Community Garden should be re-located to an area where participants can be loud and jovial; operate
from sun-up to sun-down without disrupting anyone; operate roto-tillers and other noisy equipment
without disrupting residents; push wheel-barrows over gravel without regard to noise; hammer year
round without disrupting people in their homes; provide an environment for children to play nearby
while parents garden. The current location is not conducive to these activities. The HBCG gardening
activity currently involves hammering on a daily basis for the installation of fences, building of trellises
for vegetation, sub-dividing plots, etc. While in theory once the plots are built all construction will
stop, this just isn't the nature of gardening and has not been the case with HBCG as they anticipated.
Gardening is a non-stop project. The garden should be moved to a location appropriate for the
activities required by gardeners.
Potential Alternate Sites for Community Garden
We have researched potential alternate sites within the city for a community garden. These sites
appear appropriate for the activities listed above. A list of most sites visited is attached (Appendix 5).
We did not have access to current zoning or land ownership information unless indicated. Below are
sites which may be suitable and warrant further consideration by city officials:
Bartlett Park (behind Newland House) Beach &Adams, city owned
(This site has ample space for significant garden expansion, plenty of parking, does not
affect ANY residences).
® Irby Park, Heil &Goldenwest, city owned
Vacant property at Beach and Heil
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® Edison Community Center, Magnolia & Hamilton, city owned (A Community center
seems the perfect site for a "Community" garden)
® Glen View Park, McFadden &Goldenwest, city owned
® Vacant lot, Graham Street between Warner and Slater,
® Vacant lot, Ellis & Edwards,
® Huntington Central Park next to Shipley Nature Center, city owned
Garden Operations and Activities - Concerns of Adjacent
Homeowners
Overnight the affected residents have gone from having one neighbor on each side of their home to
now having 110 new neighbors
Noise
Year Round there is constant construction in the garden area. Pounding stakes, operating a roto-tiller,
the building of climbing trellises for vegetation, installation of fences, etc. are all daily activities within
the garden area. This is for 110 different plots. For a moment please put yourself in the homeowners
shoes. Imagine yourself trying to relax after a long day at work or on a Saturday or Sunday
afternoon and hearing constant pounding, chatter and swearing from plot tenders from sun-up to
sun-down. Gardeners want to garden on their day off, residents want peace and quiet!. Adjacent
residents should not be subjected to the constant noise generated by a "community garden". There is
little to no respite from the constant noise due to the nature of gardening and seasonal crops. With
110 plots there are always 5-25 people pounding and tending at any given time ALL DAY LONG, 7 days
per week, 365 days per year including holidays, sun-up to sun-down! There is constant sustained
activity.
The Santa Ana River Trail walls create an amphitheater effect within the Community Garden. The
adjacent residents can hear every single word. Some examples of the constant noise include:
• "Oh So* Of a Bit**" The adjacent resident's seven year old daughter learned some.new
words that day!
• "G*d D*mmi* Dorothy. Why the hell didn't you bring me a Starbucks. Get back in the
F***ing car and get me one.
® "That's where the A** H*** lives that complains about the community garden"
Dust and Dirt
The garden has created health and cleaning problems for adjacent residences. With 110 different plots
and related activity there is constant dust.2 Due to changing crops and multiple plots this is an non-
stop problem. Residents have resorted to keeping their windows closed in the middle of summer just
to keep the dust level down.
Z In the past dust issues were confined to twice per field clearing by SCE.
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Health Concerns
Since the garden inception adjacent residents have had severe respiratory problems. Has the soil been
tested for potential harmful contaminants? This should be done for the safety of both the gardeners
and adjacent residences. SCE used PCB's in their lines for years and harmful residuals from such may
be at the root of the health concerns.
Examples of affect on resident's health include:
Female middle-aged with no pre-existing respiratory or allergy symptoms has had
chronic problems since the garden soil activity began.
Female, 42, no known allergies, has had chronic sinus and respiratory problems since
the garden activity began in March.
® 89 year old resident in adjacent home is routinely startled awake at 7:00 a.m. by the
sound of hammering, yelling and roto-tillers.
Adjacent resident (approx. 50 years old) works the graveyard shift. The garden has
created an environment which makes getting any shut-eye nearly impossible.
Courtesy and Respect
Gardeners dug at the roots of a 45 year old tree adjacent to the garden plots for no known reason.
There is no regard for the residents or their property. The gardeners are just downright rude, mean
and disrespectful. Dave Dominguez from the city is scheduling a City Arborist to come assess the
damage done to the root structure.
Aesthetics
While each individual plot would be aesthetically pleasing at a personal residence, the combined effect
of 110 people expressing their"individual garden decor style" in a public community area has created a
look which is aesthetically offensive. The area as a whole is now a hodgepodge of decorations which
look more like a swap meet that someone didn't clean up after. The park decor is clearly inconsistent
with other parks in the city and is inconsistent with the "residential agriculture" designation the
garden operates under. The following items should not be permitted: (See photos in Appendix 2)
® Trellises, bamboo tepee stakes, PVC housing for vines to climb, etc.
® The approved Community Garden master plan provided,for ground level plots, nothing
else!
® Individual plot fences. These are not consistent with other parks within the city. This
does not adhere to a city,master plan; it is not consistent with County of Orange SA
River Trail improvement and beautification project.
® Garden decor including but not limited to: windmills, umbrellas, owls, butterflies,flags
are eye sores to the community recreation area and adjacent residents
® Chairs—this is not a park or community "gathering place". Chairs should not be
permitted or needed for tending a small plot.
® Solar Lighting or any other type of illumination.
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There seems to be an unwritten competition of..."My plot looks better than your plot, has more
decorations, better lighting, more seating, etc."
Loitering, Congregating, and Group Assembly
■ Garden was approved as an area for participants tend to their vegetation and leave.
Installation of chairs for loitering and socializing among participants is out of scope.
(See photos Appendix 2)
■ Theabove also adds to the constant intrusion felt by adjacent residents.
■ Why is a Port-a-potty installed if gardeners tend to their small plot and leave?
Community Garden Rule Enforcement, Security
There is no system in place to enforce rules the city and Community Garden may establish. The city
has been trying to get the gardeners to follow rules since inception without success. An alternate
location should provide for access and oversight by the city since the Community Garden is a city
sanctioned Community service. The homeowners rights are not being protected yet the Community
Gardener's rights are protected as if they live there.
Consequences of Breaking Rules
Who enforces the rules? How? Unless adjacent residents chronically report violations there is no
oversight! When the residents report violations, they are told the impropriety will cease and it
continues without consequence to the offender or regard to the homeowner. Homeowners have no
recourse other than to complain constantly. THIS IS JUST NOT RIGHT!
All other City of HB Community facility sites provide for oversight by city staff on site or through rental
agreements. This facility has no rule enforcement system and adjacent homeowners suffer as a result.
HBPD is of no assistance because this is private property and membership rules.
Due to increased foot traffic (110+gardeners), there are now security risks to adjacent property
owners. In the past homeowners knew who belonged in the field and who didn't. Until the garden
was installed this area was a recreational bike trail thoroughfare not congregation area.
Garden Effect on Environment
Wildlife
The HBCG has had a negative impact on area wildlife. Prior to the garden plot installation we enjoyed
wildlife such as hawks, owls and coyotes. Wildlife would feed on the field mice and other natural food
sources found in the open space. Their food source is now gone where the HBCG has been installed
and so is our enjoyment of the wildlife. (see photos,Appendix 6)
Gophers,snakes and squirrels have now migrated to adjacent yards because their habitat (HBCG new
site) has been disrupted. The adjacent residences now have gophers and squirrels eating their
landscaping and snakes in their yards! (see photos,Appendix 6)
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Garden Effect ®n Property Values
While it is not known what the specific effect the community garden has on homeowner property
values it certainly is a fact that property values decline in areas with excess dirt, dust, noise, possible
health concerns and areas that attract loitering and congestion. It clear that homeowners whose
property sits adjacent too or in view of the Huntington Beach Community Garden believe their
property values have declined as a direct result of the garden.
We need help from City council
On May 16, residents affected by the HBCG attended the HB City Council meeting and Kathleen
Saindon spoke on behalf of the residents and expressed our concerns.3 Subsequent to the meeting we.
have had dialog with David Dominquez, from Community Services who has lent an open ear to our
concerns and expressed the desire to work through the problems. While Mr. Dominguez is
understanding of the problems his hands appear tied.
June 29t", 20 114, A meeting between SCE, HBCG, the City of HB and affected residents was organized
by Mr. Dominguez, who facilitated meaningful dialogue. City Council representative Devin Dwyer
attended the meeting. We were excited to have a member of City council present. Mr. Dwyer was
extremely hostile toward the homeowners and appeared to be a proponent of the HBCG. We thought
he was representing city council and there to objectively hear the concerns of affected homeowners.
YES, WE LIVE HERE AND HBCG installed the garden under the radar and we are looking to City Council
for some support! We are your constituents! As a representative for city council Mr. Dwyer was rude,
argumentative confrontational and downright bullying! He said that under no uncertain terms;the
garden is there to stay whether you like it or not. Are we missing something here? It appears as`
;though Mr. Dwyer has a deep rooter conflict of interest regarding the garden or a personal agend
is truly unimaginable that an "elected official'would represent his fellow council members in this
manner or treat his constituents with such hostility.
We clearly feel as if the garden was intentionally ram rodded through the process under the radar. The.
affected homeowners (taxpayers), deserve for their concerns to be addressed not quelled by "big
government". It now feels as though the votes of 110 plot lessees are more important than the rights
and "what is right"for the 8 affected residents. There are another potential 8-12 affected residents if.
the garden is expanded as proposed.
Residents have asked the City of HB and SCE for assistance to resolve the above issues. For three
months homeowners have been told the city is working on the problems. No action has been taken to
3 Appendix H
4 Appendix I
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resolve the problems City representatives have reviewed the garden rules with homeowners and
made countless claims the problems have been identified, addressed and will be handled. To date
NOT ONE SINGLE THING HAS CHANGED!!!! VIOLATIONS NOISE AND INTRUSIONS continue. We feel as
though our concerns are falling on deaf ears.
It appears that the votes of 110 plot renters are being given more weight than the rights of the few
affected homeowners (taxpayers) and what is the "right thing to do".
A sampling of the correspondence with SCE, HBCG and the City of HB regarding resident's,concerns is
included as Appendix 7.
Request forAction from City Council members, City Administrator, City
Planning/Zoning, and Director of Community Services
We would like to host a one-hour meeting at the residence of an affected property. It has become
clear that there have been visits to the garden by the Mayor and other city officials. We would like the
same courtesy extended to us so you can objectively take into account the perspectives of all parties
involved.
Conclusion
The Huntington Beach Community Garden has greatly diminished the quality of life of affected
homeowners.
We respectfully request that you relocate the HBCG to a site which will not have a negative impact on
adjacent residents.
We request that you review the material in this document with the zoning and planning department.
The RA Designation indicates "the Zoning Administrator shall consider in reviewing an Unregulated RA
use,traffic circulation, the provision of off-street parking, required dedications and improvements and
the buffering and compatibility of the site with surrounding uses." The zoning department made
their decision regarding property use from false information as to the level of activity the Huntington
Beach Community Garden activities would entail and the scope of use. The zoning department was
also provided with false information stating the affected residents were informed and had no concerns
regarding the Community Garden.
The city should have done their own due diligence regarding notice to affected residents not rely on
the Huntington Beach Community Garden to notify the residents. Having the fox watch the hen house
has never been an effective strategy.
The garden is being operated as 110 personal sanctuaries for plot lessees to use generally use as they
see fit?
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Notes: The photographs provided are a SAMPLING of the multiple violations and eye sores throughout
the Community Garden area.
The residents adjacent to the community Garden support the concept of a Community Garden for HB
residents. The Garden creates a sense of community and opportunity for bonding and sharing which
would otherwise not exist. The present location adjacent to residential housing is not conducive to
creating the type of gathering area needed for a thriving Community Garden park.
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Appendix I
Attached toe file as RA Designation Provisions 7-28-11
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i
Huntington Beach Ordinance Code 9100-9101(d)
Article 910
RESIDENTIAL AGRICULTURE DISTRICT (RA)
(881-1162, 1050-5/64, 1077-9/64, 1108-1/65, 1222-8166, 1235-8/66, 183"173, 1847-7/73, 1952-2175,2166-3/77,
2373-9179,2411-2/81, 2834-7/86,2900-8187,2967-11/88) j
i
Sections:`
9100 General provisions 7
9101 Permitted uses 1'°r
9102 Prohibited uses
9103 Minimum parcel size/frontage
9104 Maximum density/mtensity
910S Maximum building height
9106 Maximum site coverage i
9107 Setbacks _ � w
9108 Parking
9109 Miscellaneous requirements
9100 General provisions. The residential agriculture district(RA, is intended to serve as a
transition or holding zone for property with current agricultural activities and as a zone where
restricted residential development is peirnitieii.,,(2834-Z/ss}
9101 Permitted uses. The following shall be permitted within the RA district:
(a) Unregulated, Agricultural and horticultural uses such as orchards,field or bush crops,
vegetable and flower gardening.
(b) Building permit. Single family dwellings and accessory buildings which are permanently
located on a parcel and greenhouses,barns,tool sheds, and buildings accessory to farming
uses shall be permitted subject to the approval of a building permit. Tents; trailers,vehicles,
or temporary structures shall not be used for dwelling purposes.
(c) Use permit. The following uses shall be permitted subject to the approval of a use permit by
the Zoning Administrator:
(1) Wholesale nurseries.
(2) Uses where animal feces are used in bulk quantities or where packaging of products
constitutes more than 25 percent(251/'o)of the site's activities. (2967-10168)
;' The Zoning Administrator shall consider in reviewing the above uses,traffic circulation,the
provision of off-street parking,required dedications and improvements, and the buffering and
compatibility of the site with surrounding uses. (2967-10/88) _.
(d) Conditional use.permit. The following uses shall be permitted subject to the approval of a
conditional use permit by the Planning Commission:
9101(d)(1)-9107 Huntington Beach Ordinance Cade
<' (1) Unclassified uses pursuant to Article 963.
(2) Temporary contractor's storage yards for the storage of construction related materials
only may be permitted pursuant to the standards contained.in Section 9530.15(b) (MI
district outside storage requirements)except that screening may be provided by chairs link
fence with wood slats rather than a masonry wall. Where the use is adjacent to an arterial
highway, the minimum setback shall be twenty(20) feet, all of which shall be fully
landscaped. Such uses shall be prohibited on any site located less than one thousand
(1,000) feet from a residential structure. Initial approval shall be for a maximum of three
(3) years, with two(2) one-year extensions subject to Planning Commission approval,
except that any storage use shall cease operation once a building permit is issued for a
residential structure within one thousand(1,000)feet. This temporary contractor's
storage use shall only apply to construction contractors while they are engaged in active
j" construction within the city limits of Huntington Beach.
I
At the time of application applicant shall submit a declaration under penalty of perjury
stating the construction project location and the owner of the property if other than:the
applicant. (2834-7/86,2900-8187)
(3) Temporary uses resulting from an operation beingAispiaced due to property acquisition by
a governmental agency may be permitted for a maximum of five(5)years. Such uses shall
be similar in mature to the prevailing surrounding uses of the general area and shall comply
with all applicable requirements of this code such as parking, landscaping, access, and
-setbacks that would pertain to such use if located in a district in which it would be a
permitted use. (2967-1o/88)
9102 Prohibited uses. The following uses shall be prohibited in the RA district:
(a) Garbage or sewage disposal plants.
(b) Animal husbandry and any commercial raising of animals. (2834-7/86)
9103 Minimum parcel size/frontage. A licensed land surveyor or civil engineer shall submit
calculations showing lot width, depth, and area for any new parcel. The minimum lot size shall be
one acre and the minimum lot frontage shall be 150 feet. (2834-7186)
9104 Maximum densitylintensity. The maximum density shall not exceed one unit per acre. A
maximum of five(5)units is permitted on any single parcel. (2834-7186)
9105 Maximum building height. Maximum building height shall be-twenty-five(25)feet and
maximum two(2) stories for all structures. (2834-7186)
9106 Maximum site coverage Maximum site coverage shall be fifty percent(50%). Site
coverage shall be as outlined in the definitions article. (2834-7186)
9107 Setbacks. Setbacks for the dwelling shall be provided as indicated below. Garages shall be
set back a minimum of twenty-two (22)feet from any exterior property line. Setbacks for
architectural features are contained in Section 9109(b).
�1/8s
Huntington Beach Ordinance Code 9107-9109(c)
Front yard Twenty(20) feet
Interior side yard Five(5) feet
Exterior side yard Twenty{20) feet
Rear yard Twenty(20)feet
(2834-7186)
9108 Parking. Parking shall comply-with the standards outlined in Article 960. The parking of
inoperable motor vehicles, trucks and machinery,trailers, campers and boats shad be prohibited in
front of the main dwelling. (2834-7J86)
9109 Miscellaneous requirements. _ _
(a) Accessory buildings. Accessory buildings may be permitted on a lot with a permitted main
building_ Setback requirements7-are as specified for the main dwelling, except accessory
buildings other than detached garages shall set back fifty(50)feet from the front property line.
The minimum distance from any building to_any other building on the:same lot shall be twenty
(20)feet_ -
(b) Architectural features. Architectural features,including eaves, fireplaces, and open unroofed
stairways and balconies shall maintain a minimum distance of five(5)feet from any portion of
any other building on the same lot.- Such features-shall set back thirty-(30)inches from the
side property lines and sixteen(16) feet.fi°om the front and rear property lines. ;-
- (c) FellCing. Fencing shall comply with the standards outlined in Article 977. (2834-7186)
F
1V88 t.
Appendix 2
Chairs, Trellis'and Fences Currently in Garden Area
(These photos are a small sampling of the problem)
CD
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r
L. CD
dr (D n
cD
T _
Fence
Chairs
17
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y
V \1
00
ry f
-n
7 = + .
n :.
CD
N
FS
t
t t
,
Trellis' � -'
a�
LL
Decor
rY
Y
r �
i
Decor
'tt .Ai, ti
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r �
f
- wl
I
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Fence \ \�\\\\\\`\\\\1aa• . . I.:�••I,••>••>�>>>;>•> . \•I>
f y 1'•{j"�.'^may °'u�, '-':y-''j.;,. - . .•�.
20
i
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N
+ 'T U
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LL
IF
N
Fences
:YAiS
r { I
1
CD
i
ence
�,.
22
,.,� "-• .�< :T ,� � w`y.+: "'met
� C
m
Fn'
Fence
r.
71
n �
7
23
,f
4
.}. . Chaii
Lo
Chairs w/table
26
� r
' ...AI
,0 M f Y 9o, -
Chairs, Trellises', fences, trash bags, garden decorations, raised planters
27
_ • r
r r
bib
J .. %
Three types of fences, flags, chairs, trellises, garden d6cor windmills
28
L
Y
... • tea« \ \ "i .�,. ` t
ate.
Garden decor, fences, trellises
29
Yr
i
`tl
� � ..LY'6a;.e... l; • • p n
f `
Y I�
_ t
w
S
Benches, fences, posts, wind-wheels
32
F
!.� ..+..yam...
x✓ �R -'
v
..Yl
�f R 'r�'fiiTC
� a
k
Short visits to plots by gardeners should not require a permanent ports pOtt y.
35
Appendix 3
Current RA zoning occupants within Huntington Beach
i
1
F
Commercial uses of Edison property is visually appealing and limits the number of foot-
traffic and hours of operation to standard business 8 to 5, M-F.
36
v r K
♦ P / Yi
�• ��� ������� � �dew<ti
Another example of use of Edison land which exists in harmony with residences
The HBCG is clearly not "Residential Agriculture" but a Community Park. The Garden
should be re-located to an area which is zoned for a Community Park.
The property should be restored to its previous state or turned into a green belt
consistent with Edison power line easements within the city.
37
Appendix 4
Plot reap approved by City for the HBCG
38
rl!Jfrrin�rofJ se Jrfl CJffirmiflity Sal clefJ pIgtr 1'jl,Jp (-!1J ic)r-Jl plot)
*2nd3rd
v.
1 II ', 1 • T"� - -/ : Fa "t r. I; - A —ram__,S _�
I
W
:J�.'S1JIJ PJJs9fle9; i
'1j1 2jf1CJ
secdDfI A 11 FuJI Size; 25 Size; fDf disabled
section J 15 fsllj size; V,I,J" I J J/i Sjz% '%o J, I:), 22 J/l JIzef
�ectlgn C .12 full Size, fai � 2,/; SJLe; 1;5 1, 17, 17 /'. s ITe ,
section J I i Mull 51Z�; ff J� �f) 3/: �1Z9� F l �� 'I j� 1 Ivz AIL
SBCd OfI E 6 fl1Ji size I -
1 -
serArm r J 0 f!dl ate
I
I
I
Appendix 5
See attached PDF file: Community Garden Alternate Site Visit Forms 7-28-11
40
Huntington Beach Community Garden
Potential Site - Visit
Park Name:
Location:
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size-as the
existing Community Garden.
V_� Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
I
Potential Site - Visit
i
I Park Name: Irby Park
i
I
Location: Heil & Goldenwest
Date Visited June 12
Person Reporting Tim
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current.
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
X Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available? Yes
Would the garden have a negative impact on the community? No
THIS IS A VERY GOOD SITE
Huntington Beach Community Garden
Potential Site - Visit
Park Name: /0"
Location: &ex,' 1,41
Date Visited
Person Reporting 0/' 7�r-
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes,the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate partting available?
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name:
Location:
Date Visited
j Person Reporting ( r�
I
i
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
L/' Yes, the space available appears to be about-the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available? 1
Would the garden have a negative impact on the community? S
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location,would have
a negative impact on the community.
i
I -
Huntington Beach Community Garden
j Potential Site - Visit
I
j r
Park Name: ..-
Location:
Date Visited l> ( 1 C
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available? )
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
i
I
Huntington Beach Community Garden
Potential Site - Visit
Park Name: t-
,+ e
Location: �� �. C'e ...1'� a l✓
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available? ('
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name: i5. �.-- 4-tc,4Location.-
Date Visited
Person Reporting %-°-L V- x
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available? '
Would the garden have a negative impact on the community? TL
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
I
i
Huntington Beach Community Garden
Potential Site -Visit
Park Name: ( V-e! lee/c, wv1L._.
Location:
Date Visited
Person Reporting Vb,.f
.Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community.Garden
Potential Site - Visit
Park Name:
Location:
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
i
� I
� i
s �
Huntington Beach Community Garden
Potential Site - Visit
it
Park Name: G-j 15� -t„
r
Location:
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
i
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
O suitable parking and or locating a community park at location would have
a negative impact on the community.
s
i
i•
Huntington Beach Community Garden
Potential Site - Visit
Park Name: Lagenbeck Park
Location: Magnolia& Garfield
Date Visited June 12
Person Reporting T;;-o , r
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
i
i
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
X No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name: Murdy Park
Location: Warner& Goldenwest
Date Visited June 12
Person Reporting Tim
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
X No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name: Newland Park
Location: Adams & Magnolia
Date Visited June 12
Person Reporting Tim
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
X No, this park does not seem to offer suitable space and or does not have.
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name: ~�rV5Zi:i LyA °�2--
Location: C��vyc -
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
! Park Name:
Location: GJ1'W -7Z -
Date Visited
Person Reporting R.tt-kO-V& '21 ,e1'J c)
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
{ No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
i
Huntington Beach Community Garden
Potential Site -Visit
Park Name: f; 15 4 `e,.n,' ?�r
Location: A d o,—
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
i
Huntington Beach Community Garden
Potential Site -Visit
i
� p
Park Name:
Location: .. - C�U c WW'S l—
Date Visited 2 �i
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
f/ No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name: ;x
Location:
Date Visited ( 7 1 f
Person Reporting �L c t���t -► � —
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
_ L'� No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name:
Location:
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location wyuld have
a negative impact on the community.
r
Aq
N
Huntington Beach Community Garden
Potential Site Visit
j
Park Name:
Location:
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
J suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
el
Park Name: l
Location:
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
61
14
Yes, but the space available would be smaller than the current
Community Garden,
Yes the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
le,
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community par at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site -Visit
Park Name: I 10-L -
Location:
Date Visited if It
Person Reporting C, V
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would b s r"than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available? V
Would the garden have a negative impact on the community?
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
/"D
Park Name: L &-k
Location: i. )CL ij k ;)
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the Chie'siz'e,as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
44
Park Name: ,07PM4
Location: l � -
Date Visited "
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would b %sma"n the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community?
�I No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name: J .•� -
Location: ke4-�Gki-�i (10r,
Date Visited f G?
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would bjCsmaller jbih the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
Would the garden have a negative impact on the community? P '
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name:
Location:
Date Visited
Person Reporting �:..=Dew'.
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
Is there adequate parking available?
7
Would the garden have a negative impact on the community? f
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name: �I f" CLilk
Location: Lj pl.kA 4'"
Date Visited % _ $
r ��
Person Reporting drZ4)4 ./' �° &t
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would IWsmaller that the current
Community Garden.
Yes, the space available appears to be about the same size as the
existing Community Garden.
Yes, the.space available is larger than the existing Community Garden.
Is there adequate parking available? fG�
s .
Would the garden have a negative impact on the community? -- =�--
+A No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
I' vePark Name: �`�'I J��
Location:
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about a same size as\;the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
f
Is there adequate parking available?
Would the garden have a negative impact on the community?
V No, this ark does not seem to offer suitable space and or does not have
P p
suitable parking and or locating a community park at location would have
a negative impact on the community.
Huntington Beach Community Garden
Potential Site - Visit
Park Name: y ! � E 1, r.4.'j
f,.
Location: 6,L
Date Visited
Person Reporting
Does this park appear to have the space needed to support a Community Garden?
Yes, but the space available would be smaller than the current
Community Garden.
Yes, the space available appears to be about t Cesame size a the
existing Community Garden.
Yes, the space available is larger than the existing Community Garden.
,1
Is there adequate parking available?
Would the garden have a negative impact on the community?
V .
No, this park does not seem to offer suitable space and or does not have
suitable parking and or locating a.,community park at location would have
a negative impact on the community.
Appendix 6
Affect on Wildlife and Environment
Coyote photo taken 6-5-2011 from (proposed Community Garden expansion area phase 2)
This wildlife is gone from the area where the Garden has been installed and will be gone to other areas
if the garden is expanded.
41
n
CV ,
i
Hawks use the open space for hunting mice and other small rodents. The HBCG
installation has diminished number of hawks. Further expansion of the garden will
threaten more hawk hunting ground.
42
U
\
y {,
food.Photo taken June 2011 - Egret or Heron hunting for
food.HBCG in the background was once their hunting ground for garden
Gopher holes in resident's yard subsequent to HBCG installation and activity.
44
Snake in adjacent resident's yard following garden activity
45
Appendix 7
E-mail Correspondence Regarding HBCG concerns
This is my first correspondence with Annette. She says " the garden construction hours
are 9 AM to 3PM and they probably wont start earlier than that"
---------- Forwarded message----------
From: Gary Tilbury <gary.tilbury(Dg mail.com>
Date: Tue, Jan 18, 2011 at 11:33 AM
Subject: Re: FW: Huntington Beach Community Garden: noise in the garden
To: Annette Parsons <akpir(_)socal.rr.com>
Annette, thank you for your response. Sorry for the misdirected message.
Between Edison, VersaCom, The City of Huntington Beach and now the H.B. community garden,
it's hard to know who to talk to. After several phone calls about the early morning noise on Monday the
work was stopped for the day.
This morning before dawn there were four trucks, a tractor and a jackhammer working in the field.
In the past year there was a utility yard created in the field for big work trucks. The trucks were
started at 6:30am and would warm up until 7:00.
We were woken every morning with our windows rattling, sound of the back-up beepers on the trucks,
the smell of diesel and the workers yelling back an forth.
The homeowners as a group went to a city hall meeting to complain about this.
We were told our complaint was mute because the utility yard was going to be removed for the
community garden.
None of the homeowners knew about this. We didn't know what a community garden was or where it
was going to be.
Now we know, it's in our backyards. It's seems like we should have had a vote on this!
Shortly after the utility yard was removed, construction started on a little building under one of the
power line towers.
We have had bulldozers, backhoes, cement trucks and all noise and dust that goes along with them.
Three nights we had vehicles in the field with their headlights on, pointed at our houses all night long.
When the building was almost completed, there was a generator running in the building for another
three nights.
There were no doors on the building, so the generator was very loud.
We have had so much inconsideration, the homeowners are more than a little concerned about the
hundreds of strangers that will be sharing our backyards
One of reasons I bought this house was because of the open field and the privacy we have.
We are among the few people in Southern California that get to enjoy the seasons changing.
The field gets plowed. After we get some rain the field turns bright green. The grass grows slowly and
then the mustard plants starts growing.
Soon the field is full of yellow and purple flowers, it's beautiful. When the mustard gets to tall the field is
plowed and we start over again.
I am really going to miss this.
Now I understand a six foot tall chain link fence with barbwire on top will be installed six to ten feet in
back of my fence.
This is going to look like a prison yard.
I hope you can understand why we are opposed to the community garden. This will have a huge
46
affect on our lives.
Thank you, Gary Tilbury
On Mon, Jan 17, 2011 at 8:19 AM, Annette Parsons <akpir _socal.rr.com> wrote:
Gary, thank you for your note. I understand your concerns, but the
Huntington Beach Community Garden is not responsible for this morning's
disturbance. The work is being performed by VersaCom Plus, as subcontractor
of SCE finishing up the cell tower installation they've been working on for
many months.
Our volunteer work parties to build the garden are from 9am-3pm, and will
not likely start earlier. -
Regards,
Annette Parsons, Vice President
Huntington Beach Community Garden
714-317-5921
-----Original Message-----
From: gary tilbury [mailto:gary.tilbury(a-)_g mail.com]
Sent: Monday, January 17, 2011 7:10 AM
To: akpir _socal.rr.com
Subject: Huntington Beach Community Garden: noise in the garden
This is an enquiry e-mail via
http://www.huntingtonbeachcommunitygarden.com/newhbgarden/from:
gary tilbury <.gaary.tilburyCcD_gmail.com>
I live in back of the new community garden off Atlanta. Today is a holiday
for us and we have had a tractor working in the back since 6:45 this
morning. We have been told the community garden will be considerate to the
home owners. This was not very considerate. This is our backyard!
_ This is Kathleen's first contact with Baronfeld
---------- Forwarded message ----------
From: Kathleen Saindon <ksaindon@msn.com>
Date: Mon, Mar 14, 2011 at 1:26 PM
Subject: Fw: Community Garden ^'
To: gary.tilbury@gmail.com
47
check this out
-----Original Message-----
From: david baronfeld
To: Kathleen Saindon
Sent: Monday, March 14, 2011 1:24 PM
Subject: Re: Community Garden
Kathleen:
Thank you for your email.
I am sorry that you are upset by the activity that is going on in preparation of opening
the HB Community Garden. The majority of the work has been completed. I will respond
to your comments in CAPS next to your letter below.
From: Kathleen Saindon <ksaindon(amsn.com>
To: davidbaronfeldCabyahoo.com
Sent: Mon, March 14, 2011 12:50:24 PM
Subject: Community Garden N
Good Day David —
My name is Kathleen Saindon. I have just recently moved here into this lovely area with
my aged parents.
I won't go on about my disappointment regarding my move here. Just when I find a
place that is quiet and peaceful, I find that the Community Garden is going in behind my
house. I'm sure that doesn't mean anything to you. You don't have to live by it — You
just receive the benefits.
I am requesting some information. I also want to you know that I have contacted the
City of Huntington Beach and am advising them of the activities.
What are your hours. 9:00 to 3:00 1 am told. I would expect you, or someone of
importance to comply with these hours. THEY NEVER DO
I AM EXTREMELY UPSET. I have asked on several occasions that they comply with the
9:00 am to 3:00 pm. OUR HOURS ARE NOT 9A-3P. THEY WILL BE FROM 1 HR AFTER
SUNRISE TO SUNSET. YOU WERE GIVEN MISINFORMATION. THE CITY NOISE
ORDINANCES ARE CLEAR AND WE ABIDE BY THEM. PRIOR TO OUR BEING ON THE SITE,
CA EDISON HAD A CONTRACTOR USING THE PROPERTY AS A STAGING AREA FOR DUMP
TRUCKS, HAULERS AND HEAVY DUTY MACHINERY. THEY WOULD START THEIR DAY AT
7A. IN CONTRAST, WE HAVE SPENT SEVERAL HOURS OVER THE PAST WEEK DIGGING
48
TRENCHES FOR OUR IRRIGATION. ONCE THE TRENCHES WERE DUG AND THE LAND
GRADED, THE 1 PIECE OF HEAVY MACHINERY WAS REMOVED.
see that there is no lock on the entrance gate. So, who is in control of workers or
vandals entering at their own will. I have a meeting with the City in a few days
regarding another matter. I fully intend on filing a formal complaint. THERE IS A LOCK
ON THE ENTRANCE GATE. IT IS KEYED AND MEMBERS ONLY HAVE ACCESS. THERE ARE
MULTIPLE AGENCIES THAT HAVE LOCKS ON THE GATE. BUT, WHEN THERE ARE NO
REPRESENTATIVES FROM THE GARDEN THERE, THE GATE IS TO BE CLOSED AND LOCKED.
IN THIS START-UP PHASE THERE IS ALWAYS SOMEONE FROM THE GARDEN ON SITE.
There always seems to be a reason why the "Community Garden" can't be kind to their
neighbors. I AM SORRY YOU FEEL THIS WAY BUT I RESPECTFULLY DISAGREE WITH YOUR
PERCEPTION.
I wonder if you have put yourselves in our shoes — I don't think so. BY THEIR VERY
NATURE, A COMMUNITY GARDEN IS A QUIET PLACE. YOU WILL COME TO APPRECIATE
THE FACT THAT WE ARE YOUR NEIGHBORS. TO LOOK OUT OF YOUR WINDOW AND SEE
BEAUTIFUL FLOWERS AND GARDEN PLOTS AS COMPARED TO GRAVEL IS NOT
COMPARABLE. I BELIEVE YOU SHOULD BE SOMEWHAT MORE OPEN MINDED TO WHAT
OUR INTENT AND MISSION STATEMENT IS
Every Day Is A Great Day—
Kathleen Kemp (Saindon)
714-585-0456 Cell
714-963-9238 Phone
714-963-9239 Fax
ksaindon@msn.com
Re: Above:
-----Original Message-----
From: Gary Tilbury
To: ksaindon(cDmsn.com
Sent: Monday, March 14, 2011 2:05 PM
Subject: Fwd: FW: Huntington Beach Community Garden: noise in the garden
49
What gravel? Now I do think he's a jerk. This is the message I received from the vice president.
It's pretty clear, 3 - 9
This is the first we heard from Baronfeld
---------- Forwarded message ----------
From: Gary Tilbury<gary.tilburyegmail.com>
Date: Sat, Mar 12, 2011 at 7:14 PM
Subject: Re: Community Garden
To: david baronfeld <davidbaronfeld@vahoo.com>
David,
Thank you for your concern about my wife, it is appreciated. She is feeling better but
still not 100%.
II don't think that the stress, the noise and all the dust from the Community Garden is,
,helping.
I understand that you think this is an improvement. That's great, but you don't live here�
I think the Community Garden_is a great idea, but it shouldn't come at the expense of
the people that live here.',
There are eight homes that back up to the field and none of us want the Community
;Garden in our backyards.)
If you saw our field as a patch of weeds, you might see this as an improvement. You
,could say the same thing about our "wetlands'
.The field had its own Eco system. We enjoyed the wild life that lived in the field. They
;only animals that I've seen since the field was ripped out are gophers.
We have never had so many gophers.
I bought this house in 1986. The open field was one of the reasons I wanted to live
here. Most of my neighbors live here because of the field.
Last year we had a new family move in. A single Mom with her elderly parents. Her
parents lived in the country and were reluctant to move into the city.
They found this house with the open field. They haven't finished moving-in and now the
field is gone.
As you can see from the pictures on the Community Garden web page, the back of
our homes are exposed to the field.
The field offered privacy for us. We don't have privacy walls. We have low fences, chain-
50
link fences and open wrought iron so we can see the field.
So when you say "we will only hear the sound of human voices", to us that means a
bunch of strangers in our backyards, looking in our windows.
I don't even have curtains I can close for privacy, we have never needed them before
this.
In six out of the eight homes there are people either retired'or working from home. This
is more than just a weekend thing for us.
If you don't get the open-field thing, think of it this way; Let's say you bought a
house on a nice, quiet cul-de-sac with big trees at the end of the street.
The trees were one of the main reasons you wanted to live there. So you fixed up the
front of your house so you can sit and enjoy the trees and the birds.
You live there for 25 years and the City comes in and rips out the trees and turns your
cul-de-sac into a through street. Think of all the people that will benefit from this.
Hundreds of your "neighbors" that live in the streets nearby can take advantage of your
street, they don't care about you or your investment.
You don't own the street so there is nothing you can do. Would you still want to hang
out in your front yard?
We know it's coming and we know we can't do anything about it.
We just put over $50,000 in our kitchen. When we are standing at the sink , we look
out a six-foot window into the backyard,
Our backyards are only twenty-feet deep, so now it feels like these people are in our
backyards with us.
We were planning on fixing up the backyard this summer. This really changes our plans.
We will probably get curtains and a six-foot privacy wall. I've always said if I had to put a
wall up here, I would move.
If the market was better, we would consider moving now. Our new neighbors don't
even want to finish moving in, but they would lose to much to sell now.
When this first started, we were told the garden hours would start at 9:00 am. Work
has started at 8:00 am every day, even on Saturday and Sunday.
We were also told not to worry about the people in the garden because they are our
neighbors.
This isn't to comforting since my next-door neighbor was caught breaking into my house
and three other houses on our street.
We knew him for eighteen years. He's still in jail. We don't know who these people
are,... they are strangers.
This week there is a group of people from OCCC working in the garden. Are they my
neighbors too?
Today is Saturday the 12th, The tractor was here for the day.
51
We were told there would be no dogs. Today someone brought a dog in.
Curfew is 3:00.
At 4:00, 1 heard my next-door neighbor asking the tractor driver how much longer he
would be working today.
She was having a party and told her guests to arrive at 3:00 because of the 3:00 curfew.
He said he was almost done and finished what he was doing.
Seams like everyone is exempt from the rules.
We're off to a great start, and we haven't even started.
I just ran into another neighbor. She runs a day care out of her house.
She has already gotten bids for a six-foot fence. She also said she hates to put it in, but
she feels she needs to.
She keeps her windows and doors shut all the time because of the noise and dust....All
of us do.
She said If she hadn't put so much money into her house to set it up for her day-care
business, she, too, would consider moving.
I'm sending a picture taken from our new kitchen so you can see how close we are to
the action.
Gary
52
A
_ r
t
On Sun, Mar 6, 2011 at 1:42 PM, david baronfeld <d avid baronfeld@yahoo.com> wrote:
Dear Ms. Tilbury:
Sorry to hear that you are not feeling well. Thank you for bringing to my attention that
the tractor was operational this morning prior to 9a. I have made the operator aware of
that and he assures me that this will not happen again.
I am also sorry to see that you are not in favor of the Community Garden being in the
field behind your house. In my opinion, it is certainly an improvement over what had
been there before. And, you are correct in thinking that you and I do not agree on that
point. The construction is almost complete and I believe that in very short order, any
noise coming from the property behind your house will not be that of machinery; only
those of human voices.
I appreciate your writing and I am sorry that the activity behind your house is causing
you displeasure.
53
Sincerely
David Baronfeld
President
Huntington Beach Community Garden
From: Gary Tilbury <gary.tilbury(a)Qmail.com>
To: david baronfeld <davidbaronfeld(a)yahoo.com>
Seat: Sun, March 6, 2011 8:53:17 AM
Subject: Re: Community Garden
Mr. Baronfeld.
I do appreciate that you have called my husband and that we were unavailable to take
your call. Sorry about that.
I'm not sure where to start, but I will start here.
Your people are operating their machinery and out in that field before the allotted time
of the City, County, whatever!
I have been home unfortunately sick for a week, although that is not the issue, I have
needed to sleep.
They have been on their tractors at 8:00 am. Right now it is 8:47 am and they have
been out there already in that tractor.
You people are not taking us homeowners that live directly behind your project into
consideration by operating in this manner.
It needs to stop. I do not believe you are even allowed to work with your tractors back
there on a Sunday.
I'm already sick of the stuff going on back there, not to mention the Gophers that have
suddenly taken over all of our backyards.
I know you're going to say "but it benefits your community." It does not benefit the
homeowners that live directly behind this project a bit by being woken up on weekends
or weekdays, for that matter, before the legal time.
Lauren Tilbury
On Sun, Jan 23, 2011 at 7:59 AM, david baronfeld <d avid baronfeld@yahoo.com> wrote:
Gary:
I called yesterday morning but you weren't home and your phone did not give me the
opportunity to leave a message (your phone rang and rang). So, if you can let me know
when a good time to call you tomorrow would be (Monday) that would be great.
54
Thanks
David
From: Gary Tilbury <gary.tilbury@gmail.com>
To: david baronfeld <davidbaronfeld@yahoo.com>
Sent: Fri,January 21, 2011 5:22:47 PM
Subject: Re: Community Garden
David, that would be great. My phone # is 714-964-9820
Thank you, Gary
On Wed, Jan 19, 2011 at 9:03 PM, david baronfeld <davidbaronfeld@yahoo.com>
wrote:
Dear Mr. Tilbury:
Annette Parsons forwarded me your email. I am the President of the Community
Garden. Perhaps the best thing for you and I to do is to either chat or meet. If you're
amenable to doing that, let me know. I live in HB but commute up to LA during the
week. I can meet with you on a weekend day.
We want to be a good neighbor and it is my hope that after we speak, you will have a
much more positive opinion about the Garden being on the Edison site.
Thanks so much.
Sincerely,
David
-----Original Message-----
From: Bob Smith
To: David Baronfeld ; Annette Parsons ; Carol Benton
Cc: Kathleen
Sent: Friday, May 13, 2011 6:38 AM
Subject: Irate HBCG Neighbor
Hello David Baronfeld:
55
While working on our plot yesterday, a women living in the home just west of plot C1
began speaking to us. Her father is receiving medical care and is on Oxygen. The dust
created by the tractor was creating breathing problems.
Because no one from HBCG had informed her about the tractor, she had left her windows
open when she left the house that morning. Kathleen stressed the fact that she had asked
officers of HBCG to inform her about work activies that would create dust or related
conditions which impact her father's health. She said that no one had contacted her.
Kathleen said she was planning to file a formal complaint with the City. We said this lack of
communication was strange, and we would write this email to the HBCG President and
Board and informally resolve this communication problem by including Kathleen in future
emails.
Does HBCG know how to contact other residents adjacent to HBCG?
Thanks for your prompt action on this problem.
Regards,
Bob
Bob Smith
Plot C1
714-536-1084
-----Original Message-----
From: david baronfeld
To: Bob Smith ;Annette Parsons ; Carol Benton
Cc: Kathleen
Sent: Friday, May 13, 2011 7:01 AM
Subject: Re: Irate HBCG Neighbor
Thanks Bob for writing.
Kathleen: I was not aware that you had spoken to someone from the HBCG about
expecting to be notified when our work activities would stir up dust. If you have that
understanding, a) this is the first that I am hearing about that and b)I apologize for not
letting you know in advance. Yesterdays work (and work that is scheduled for today) is
to clear the weeds that have sprouted in the common areas (roadways and under the
towers) that Edison has requested we keep clear. We anticipate that we will be doing
this sort of work once per quarter. However, because of the spring rains that occur prior
56
to our long period of dryness, it is our expectation that the spring weeding will be the
largest of the seasonal activities.
At our next board meeting, our board will make sure that we compile a list of those
neighbors that would like to be contacted in advance of any work that is done on that
property- and we will be sure to include you on any list that is compiled.
If you have any other questions or comments, please don't hesitate to contact me.
Sincerely.
David
-----Original Message-----
From: Gary Tilbury
To: david baronfeld
Cc: ksaindonP-rnsn.com ;Annette Parsons ; bobsmithttl(cD-gmail.com ; carolbenton(cDrocketmaii.com ; Dominguez,
David
Sent: Friday, May 13, 2011 9:54 AM
Subject: Fwd: Fw: Irate HBCG Neighbor
David
The area in back of my house can not be used for gardening because of the towers.
The wild flowers (you call weeds)were starting to bloom and we had a little of our privacy back.
Yesterday this area was plowed ( more heavy equipment) and now we are looking at dirt again.
I've made it clear to you in the many emails I have sent how passionate we are about the open field
and the wildlife we had.
Are there plans for this area or will it always be dirt and dust?Why can't the wild flowers grow there?
Every time we talk to the gardeners directly they are surprised we are so upset about the garden.
As you know we have been complaining about several issues since this project was started.
I have copies of all the emails I has sent. If you need to see them again let me know and I will send
them again.
Were any of our concerns relayed to the gardeners?
Another concern is a safety issue. A trench was cut diagonally across the bicycle trail to get water
into the HBCG
The trench was never patched. It was filled with dirt, the dirt is now lower than the pavement with sharp
edges on both sides.
This is a very busy trail. Someone is going to get hurt here! Not to mention all the flat tires and bent
wheels.
I am telling you and David Dominguez about this. If someone gets hurt here it's on you guys.
None of our other concerns have been addressed. Hopefully a safety issue will be.
Gary
-----Original Message-----
57
From: Gary Tilbury
To: david baronfeld
Cc: Carol ;Annette Parsons ; ksaindon(a)msn.com ; bobsmithttl(c-gmail.com
Sent: Friday, May 13, 2011 4:47 PM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
David ,
It sounds like you are calling me a liar. I live here and the week following 4/10 1 personally saw at least
10 vehicles in the Garden.
I have taken pictures of some of the cars back there, but you would probably say I was lying about the
dates, so you can just keep denying it.
As far as the bad information, we were verbally told the gardening hours were 9-3.
Then we were told that was wrong those hours were only for the heavy equipment.
This information came from the Vice President of the HBCG , And I still have the email from Annette to
prove it.
As far as the gatherings, I don't care what-the gardeners do back there, we're tired of the noise.
I do understand the concept of the garden, you obviously don't understand what it's like to have this so
close to our homes.
As far as participating, no one on my street knew about the garden project. When we found out about it
all the plots were gone. Very Sneaky!
Something else I don't understand, why does it take two full days to plow these small areas when they
used to plow the entire field in one day?
I've always been polite with you. You come back with I'm nimble minded and I'm lying about the
vehicles and we should just see things from the gardeners point of view.
Try to look at it from a homeowners point of view, or are you to narrow minded to do that?
Gary
On Fri, May 13, 2011 at 3:05 PM, david baronfeld <davidbaronfeld(aD-yahoo.com> wrote:
Gary:
Please allow me to clarify this for you. My answers are below, in caps- next to your
comments.
From: Gary Tilbury<gary.tilbury@gmail.com>
To: david baronfeld <davidbaronfeld(a)yahoo.com>
Sent: Friday, May 13, 2011 12:55 PM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
David,
1. From the beginning we were told the hours for the heavy equipment was 9AM to
313M. They broke that rule every day. I'M NOT SURE WHERE YOU WERE LED TO BELEIVE
THIS. WE NEVER PLANNED ON OPERATING HEAVY EQUIPMENT FROM 9A-3P. WE HAVE
ALWAYS SAID WE WOULD OPERATE EQUIPMENT- WHEN IT WAS NECESSARY TO USE
EQUIPMENT- UNDER THE CURRENT HOURS THAT THE CITY ALLOWS HEAVY EQUIPMENT
TO BE USED. WE HAVE FOLLOWED THAT RULE CONSISTENTLY. NOW THAT OUR
CONSTRUCTION PHASE IS COMPLETED, THE ONLY TIME WE WILL BE USING HEAVY
58
EQUIPMENT WILL BE WHEN WE HAVE TO TEND TO THE WEEDS/WILDFLOWERS PER
OUR AGREEMENT WITH THE CITY.
2. After several attempts to resolve this we were told to wait until April 10th, everything
would be better after that. It wasn't. The following week I counted at least 10 vehicles in
the garden. There are still vehicles back there. THERE ARE NO VEHICLES IN THE GARDEN
AND THERE HAVE NOT BEEN ANY VEHICLES IN THE GARDEN SINCE APPROX APR 10TH.
OUR MEMBERS ORIGINALLY TRANSPORTED HEAVY BAGS OF SOIL TO THEIR PLOTS BUT
THAT ENDED APPROX APR 10TH. THERE ARE SPACES OUTSIDE OF THE GARDEN THAT
ARE DESIGNATED FOR HANDICAPPED PICK UP AND DROP OFF. THOSE ARE THE ONLY
SPOTS THAT CAN BE USED ADJACENT TO THE ENTRANCE TO THE GARDEN. OTHER THAN
THAT, THERE ARE NO VEHICLES. IN FACT, AND TO BE PERFECTLY CLEAR, LESS THAN 5
PEOPLE KNOW THE COMBINATION TO THE VEHICLE GATE AT THE GARDEN..SO I'M NOT
CERTAIN WHERE YOU COME UP WITH YOUR STATEMENT THAT 'THERE ARE STILL
VEHICLES BACK THERE". THAT IS COMPLETELY FALSE.
3. It is not uncommon to have gardeners working until 7:30 - 7:45PM. THAT IS CORRECT.
THE GARDEN IS OPERATIONAL FROM APPROX 1 HR AFTER SUNRISE AND CLOSES AT
SUNSET. THOSE HOURS WILL FLUCTUATE BASED ON SUNRISE/SUNSET.
4. Gardeners bring their children with them and some of the kids ride their bicycles back
and forth in the garden. Some of the children play directly in back of my house because
it is just dirt in that area. I thought the children were supposed to stay with the parent.
The parents never try to keep their children quiet. We hear the parents yelling at the
kids, the kid are crying and screaming.lt might not be a " rule " but it is in our backyards
and it would be nice if they tried to be quiet. YOU ARE CORRECT. THIS IS NOT A RULE
AND I BELIEVE THAT YOU EMBELISHED THIS. THE MYRIAD OF TIMES THAT MY FAMILY
HAS BEEN AT THE GARDEN THERE HAVE BEEN 0 CHILDREN. THAT IS NOT TO SAY THAT
WITH 100+ FAMILIES ENJOYING THE GARDEN, THAT CHILDREN DO NOT COME WITH
THEIR FAMILIES. BUT THE MAJORITY OF OUR MEMBERS ARE OLDER AND DO NOT HAVE
YOUNG CHILDREN. HOWEVER, SOME OF OUR FAMILIES DO- AND WE WILL TALK WITH
OUR MEMBERS TO REMIND THEM TO MANAGE THEIR CHILDREN
5. I've seen large gatherings of people at their plots. Can the gardeners entertain back
there. We were told that once this got going the gardeners would go to their plots, do
their work then leave. This is not the case. Everyone has chairs and they just hang-out
back there. ( too bad the chairs aren't all the same color ). THIS IS A COMMUNITY
GARDEN- WITH AN EMPHASIS ON THE WORD COMMUNITY. WE ARE A COMMUNITY
GARDEN WITH OVER 100 FAMILIES WHO RECOGNIZE THE VALUE OF HAVING A
59
COMMUNITY GARDEN IN OUR COMMUNITY. ITS NOT ABOUT ENTERTAINING;
ITS ABOUT OUR MEMBERS GETTING TO KNOW ONE ANOTHER. DO YOU REALLY HAVE A
PROBLEM WITH THAT? AS IT RELATES TO 'GARDENERS GOING TO THEIR PLOTS, DO
THEIR WORK AND THEN LEAVE.......THIS IS NOT A FACTORY WHERE WE PUNCH IN AND
PUNCH OUT. IT IS A GARDEN (A NEW AND GROWING GARDEN) FOR CRYING OUT LOUD.
OUR GARDENERS CAN PLANT, PAINT, MEDITATE, SIT AND ENJOY THIS. ITS TOO BAD
THAT YOU DON'T UNDERSTAND THE CONCEPT- OR YOU JUST HAVE A NIMBY TYPE OF
ATTITUDE. ITS AMAZING TO ME THAT YOU ARE SO UPSET ABOUT A
COMMUNITY GARDEN COMING TOGETHER IN WHAT HAD BEEN A PROPERTY USED BY
EDISON TO STORE HEAVY DUTY EQUIPMENT, GRAVEL, CRANES ETC. IT SEEMS TO ME
THAT WHATEVER WE DO, YOU WILL NEVER BE SATISFIED. THAT IS UNFORTUNATE
BECAUSE RATHER THAN YOU SEEING THIS AS A COMMUNITY ASSET WHERE OVER 100+
FAMILIES- INCLUDING MANY WHO LIVE IN YOUR NEIGHBORHOOD HAVE CHOSEN TO
JOIN, SO THAT THEY CAN GROW & EAT FRESH, ORGANIC FRUITS AND VEGETABLES-
WHICH BENEFIT FAMILIES WHO ARE ON FIXED INCOMES, OUT OF WORK, UNDER-
EMPLOYED ETC.PERHAPS IF YOU CHOSE TO PARTICPATE AS A MEMBER, YOU WOULD
CHANGE YOUR MIND AND UNDERSTAND WHY THERE ARE 100'S OF COMMUNITY
GARDENS IN CALIFORNIA AND THOUSANDS OF MEMBERS WHO WHOLE-HEARTEDLY
AND ENTHUSIASTICALLY ENDORSE AND ENJOY THE CONCEPT.
David
On Fri, May 13, 2011 at 12:18 PM, david baronfeld <davidbaronfeld@yahoo.com>
wrote:
Gary:
Why don't you tell me exactly the rules that are being broken. Then, I will respond to
you directly about that.
Thank you.
David
From: Gary Tilbury<gary.tilburyCc)-g mail.corn>
To: david baronfeld <davidbaronfeld(cDyahoo.com>
Sent: Friday, May 13, 2011 12:04 PM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
60
David ,
Please don't assume because we are the only ones complaining we are the only ones
that care.
We are all upset that the HBCG is in our backyards. Some think it's a waist of time
complaining about it.
If the HBCG rules weren't constantly broken we would not.be complaining as much as
we do
Gary
On Fri, May 13, 2011 at 11:54 AM, david baronfeld <davidbaronfeld@yahoo.com>
wrote:
Kathleen:
Why don't you put together a list of things that you'd like to see us do. Annette has
already forwarded you a template for a data base for your neighbors- so we can contact
you and them in advance of future work. To be clear, only you and Gary have been vocal
about our work- so while you may think that I am only looking at the HBCG from my
perspective- again you are incorrect. We want to be- and have tried to be- good
neighbors. Perhaps addressing your concerns in a pragmatic manner, might make this
work better for you and for us.
David
From: Kathleen Saindon <ksaindon(cDmsn.com>
To: david baronfeld <davidbaronfeld ahoo.com>; Gary Tilbury<gary.tilbury(a)g mail.com>
Cc:Annette Parsons<akpjr(a-socal.rr.com>; bobsmithttl(a)_gmail.com; carolbenton(c).rocketmail.com; "Dominguez,
David"<ddominguezasurfcity-hb.org>
Sent: Friday, May 13, 2011 11:44 AM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
David
You clearly see your own point of view and not others David. We have never been
invited to share in any activities — board meets — what so ever. I plan on filing a formal
complaint as well as work towards having parameters set so that EVERYONE has a piece
of happiness —
Being fair and kind matters — It's really a shame that only when people are at their wits
ends does anyone think of them ^'
-----Original Message-----
From: david baronfeld
To: Kathleen Saindon ; Gary Tilbury
61
Cc:Annette Parsons ; bobsmithttl(cDgmaii.com ; carolbenton(c)rocketmail.com ; Dominguez, David
Sent: Friday, May 13, 2011 11:33 AM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
Sorry that is your perception Kathleen. That is not the case at all- and if you were a 'fly
on the wall' at our board meetings, you would understand that your belief is off base.
david
From: Kathleen Saindon <ksaindon(cDmsn.com>
To: david baronfeld <davidbaronfeld(a?_yahoo.com>; Gary Tilbury<gary.tilbury(u-g mail.com>
Cc:Annette Parsons <akoir(a)_socal.rr.com>; bobsmithttl mail.com; carolbenton(a)rocketmail.com; 'Dominguez,
David"<ddominguez(cDsurfcity-hb.orq>
Sent: Friday, May 13, 2011 11:25 AM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
David
The point is — No concern is given to your neighbors. We have no time react.
-----Original Message--From: david baronfeld
To: Kathleen Saindon ; Gary Tilbury
Cc:Annette Parsons ; bobsmithttl(a)gmail.com ; carolbenton(a)rocketmail.com ; Dominguez, David
Sent: Friday, May 13, 2011 11:11 AM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
Kathleen:
I did write in my email to you earlier today- that we were going to be doing this work
again today. I'm not going to get snippy with you, but if you re-read the email that was
sent to you, you will see that I mentioned it.
David
From: Kathleen Saindon <ksaindon(cDmsn.com>
To: david baronfeld <davidbaronfeld(q)_yahoo.com>; Gary Tilbury<gary.tilburya-gmail.com>
Cc:Annette Parsons<akpir(a)socal.rr.com>; bobsmithttl(cDgmail.com; carolbenton(cD-rocketmail.com; 'Dominguez,
David"<ddominguez(ZD-surfcity-hb.orq>
Sent: Friday, May 13, 2011 10:51 AM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
David ^'
62
With all the e-mail flying around. You couldn't tell us that you planned on plowing again
today.
I hope you see my point. No consideration.
Just Rude -
-----Original Message-----
From: david baronfeld
To: Gary Tilbury
Cc: ksaindon(a)msn.com ;Annette Parsons ; bobsmithttl(a)gmail.com ; carolbenton@rocketmail.com ; Dominguez,
David
Sent: Friday, May 13, 2011 10:07 AM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
Gary:
We have been instructed to keep the areas clear. That area includes under the towers
and the roadways. We are doing as we've been told.
As far as a trench on the bike path- I'm not sure exactly where you're talking about. We
did not do any trenching work other than within the boundaries of the garden.
Look Gary & Kathleen- we are trying to be good neighbors. If we erred by not contacting,
you in advance of the weed/wildflower clearing I apologize on behalf of the HBCG. But, I
am certain that once the garden matures and the plants grow- you will have an(
incredibly beautiful_view_from your backyard.]
David
-----Original Message-----
From: Kathleen Saindon
To: david baronfeld ; Gary Tilbury
Cc:Annette Parsons ; bobsmithttl(a)gmail.com ; carolbenton(p)rocketmail.com ; Dominguez, David
Sent: Friday, May 13, 2011 10:51 AM
Subject: Re: Fwd: Fw: Irate HBCG Neighbor
David
ii
With all the e-mail flying around. You couldn't tell us that you_planned on_plowing again today)
I hope you see my_point. No consideration.
Just Rude
63
---------- Forwarded message----------
From: Kathleen Saindon <ksaindon(@rnsn.com>
Date: Fri, May 13, 2011 at 7:20 AM
Subject: Fw: Irate HBCG Neighbor
To: "gary.tilbury" <gary.tilbury(aD-g mail.com>
-----Original Message -----
From: Kathleen Saindon
To: david baronfeld ; Bob Smith ;Annette Parsons ; Carol Benton
Sent: Friday, May 13, 2011 7:18 AM
Subject: Re: Irate HBCG Neighbor
Goodness David
Your memory does not serve you well
I have e-mail from you and Annette
I will be at City Hall this morning — K
-----Original Message-----
From:Annette Parsons
To: 'Kathleen Saindon'
Sent: Friday, May 13, 2011 10:19 AM
Subject: FIB Community Garden Neighbors
Kathleen,
The Huntington Beach Community Garden wants to be a good neighbor, and we acknowledge that it is important
to communicate on matters impacting the neighborhood. Would you be able to help us create a distribution list of
your neighbors?
G dHunting n ren Veog, ors #'
Adtess q Name u E-rv> il ,k PS ho
Y'r+z, 4 s # 2i54w L�'-e-atcry wY 3,'.
21022 Galbar Circle
21032 Galbar Circle
21052 Galbar Circle
21062 Galbar Circle
21072 Galbar Circle Kathleen Ksaindon@msn.com (714) 369-2336
Saindon
21082 Galbar Circle
21102 Galbar Circle
64
10102 Dana Dr
11091 Sprit
Your help would be greatly appreciated, If you have other suggestions, please let me know.
Annette Parsons,Vice President
Huntington Beach Community Garden
-----Original Message-----
From: Gary Tilbury
To: david baronfeld ; Dominguez. David ; ksaindon(a)_msn.com ; bobsmithttl(aD-gmail.com ;
carolbenton(a)rocketmail.com
Sent: Saturday, May 14, 2011 12:08 PM
Subject: Plowing in the HBCG
This is the third day in a row the tractor is plowing in the Garden, again with no notification.
Yesterday we were told we would be notified in advance. Why weren't we?;F
Another day inside with our windows shut trying to keep the dust out.;
,What happened to " no heavy equipment after 4/1 U1
hanks for being such_good neighborsr
---------- Forwarded message ----------
From: Gary Tilbury<gary.tilbury@gmail.com>
Date: Wed, May 18, 2011 at 8:31 AM
Subject: HBCG News Flash
To: david baronfeld <d avid baronfeld@yahoo.com>, "Dominguez, David"
<ddominguez@surfcity-hb.org>, ksaindon@msn.com, Annette Parsons
<akpir@socal.rr.com>, bobsmithttl@gmail.com, carolbenton@rocketmail.com,
Irbebd@socal.rr.com, Lauren Tilbury <Iftilbury@yahoo.com>
Dave look what I found on the HBCG face book page.
Someone from the HBCG reported there were AT LEAST three vehicles in the garden on April 12th.
I told you last Friday( 5-15 ) I had seen at least ten vehicles in the garden the week following April 10th.
You said I was lying. I know, those are my words,you said "THERE HAVE BEEN NO VEHICLES IN THE GARDEN
SINCE APRIL 10TH AND THAT STATEMENT IS COMPLETELY FALSE! "
You obviously knew about these vehicles, so who is lying?
65
Dave, how did you become the President of the HBCG?Nobody qualified wanted the job,or is it your wonderful P.R.skills?
Keep up the good work.I'm sure the gardeners are proud to have you as their leader.
B.T.W....Edison was surprised to hear you guys were operating the tractor again last week.
There seems to be several issues Edison has with the HBCG
You can expect to hear from them soon.They will try to explain to you what" NO HEAVY EQUIPMENT"means.
Your buddy,Gary
Huntington Beach Community Garden
The gate lock has been changed...NO CARS are allowed on the property.Yesterday at least three cars were on property while SCE
was visiting the site.This is completely unacceptable and puts the entire garden in jeopardy. Please follow the rules®ulations.
Thank you.
April 13 at 3:46pm
-----Original Message-----
From: Gary Tilbury
To: Carol Benton
Cc: ksaindon msn.com
Sent:Wednesday, May 18, 2011 4:55 PM
Subject: Re: HBCG News Flash
Carol,
Thank you for your nice response. I am writing this to you with a friendly tone .
You treat us with respect, we will treat you the same way.
I have always been polite to D. Baronfeld. That ended when he said I was lying.
He didn't hurt my feelings, he made me very mad. Who does he think he is?
The only reason I made reference to the face book page was to prove I was telling the truth.,
I love nature, but this isn't nature it's in our backyards. We live here for the_privacy_We don't wan 'to-,
hear children playing and the gardeners working.;
J d_on't have anything against either, but this is way too close to our homes
Nobody seems to understand what it's like for us to have workers in back of our homes from 7: 00,
Am to sunset every day, weekends and holidays, we never get a break!,
I believe you are trying to accommodate us. We don't see any results. Your rules are broken all the
time. For instance a couple days ago there were people drinking beer in the garden.;
I don't really care about this but I don't think the gardeners are allowed to have alcohol back there,We
were told no pesticides were to used and then we saw one of the gardeners using snail killer._
You can tell the gardeners what the rules ar on_e, but they d 't c_are_because they don't live here and no
one is here to enforce them.l
Maybe a camera should be installed because there's a lot going on back there that you guys don't kno
t) w
abou — - -— --- -- --- ----- -
And you are right we all love nature, beauty and serenity. All of our serenity is gone and all the
neighbors thought it was beautiful with the wildflowers. This again is why most of us bought here.
I think the community garden is a great idea, It shouldn't have such an impact on the homeowners that
,live nearby.,-- - - �--- --- --- ------ --
PLEASE try to understand our point of view. You are welcome to come over and see what its like on
;our side of the fence ( don't bring Dave_)
Thank you,__ Gary
66
On Wed, May 18, 2011 at 3:19 PM, Carol Benton <carolbenton@__rocketmail.com>wrote:
Gary,
Annette Parsons, Dave Dominguez and I will be taking over this conversation thread.
Therefore if you have anything you want to communicate regarding the garden, please direct
all future emails to us. David Baronfeld will no longer respond to any of your emails. As you
know, Dave Dominguez is in the process of organizing a meeting between you, the rest of
your concerned neighbors and the some of the garden board members. Until that time I
would like to reiterate that all of us on the board are trying our best to accommodate you,
but as you have said — that hasn't been good enough. I understand that your feelings have
been hurt and that you are angry. I want you to know that I understand. I know that deep
down you value the same things as us: Nature, beauty and serenity. We all want to live in that
space.
Please understand that the removal of the weeds was something that was required of us by
SCE. Quite possibly, if we can figure out a way, we won't have to do that very often. From
here on in, we will let you know in advance when -and if- we need to use a tractor.
Regarding children in the garden; They are never there for long and we will ask them to not
scream. However,we would ask you to please have a a little understanding that kids get
excited and the adults are usually doing their best to manage them. Maybe you
can remember what it is like being out in nature and 12 years old. Gary, any one of us have a
choice (at any time) to plant seeds of good or seeds of hate with whatever we say to one
another or write in an email. Could you please tone down your hateful words (it feels better
and is more healthy) so that we can all find a way to get along? We would like nothing
more than to share with you the bounty of our crops and friendship.
As you can see with what you cut and paste from Facebook, we are trying to control the cars
in the garden..so what if David was off by a couple of days? You are dredging up
information from(over)a month ago. Nobody is interested in fighting. We are only interested
in getting along. From time to time there will be a car in the garden - but this will be rare.
We look forward to our meeting with you and the neighbors.
Peace & blessings,
Carol
Carol Benton
carolbentonkrocketinail.com
67
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Wednesday, May 18, 2011 1:12 PM
To: mona.shadia@latimes.com; ksaindon@msn.com; Lauren Tilbury; Irebd@socal.rr.com
Subject: Issues With The Huntington Beach Community Garden
Hello Mona,
I was at the H.B. City Council meeting on Monday.
My neighbor Kathleen Saindon spoke at the meeting regards to the nightmare we are
living because of the HBCG.
She mentioned a few key things, but three minutes isn't enough time to make them
understand what we are going through.
We had one person representing the entire neighborhood.
After hearing twenty people talk about plastic bags and another twenty talk about the
Arts, I knew more of us should have spoken.
I spoke with Edison yesterday, they were surprised the HBCG was still using the
tractor in the garden.
They have broken the rules of the HBCG from the beginning and unless they break the
law we can't do anything about it.
We are fighting to shut this down. Our privacy has been taken away.
We have strangers in the garden making noise and dust from 7:00 AM to sunset every
day, even holidays. We never get a break!
We stay indoors with our widows shut because of the noise and dust.
I have included short list of issues that should have been talked about at the meeting.
I hope you can help us. Please look at the list I sent and feel free to call, we would love
to talk to you
Thank you, Gary
Gary and Lauren Tilbury
714-964-9820 Home
714-393-1870 Gary's cell
714-393-8878 Lauren's cell
-----Original Message-----
From: Kathleen Saindon
To: Carol Benton ; Gary Tilbury
Cc:Annette Parsons ; Leslie Hurtado
Sent: Friday, May 20, 2011 7:14 AM
Subject: Re: The Garden again
68
Hello All
I too observed the people with flash lights in the garden last night. I really think that they thought they
were quiet. It's an echo chamber back there. I do know that they were observing some of the plots that
have solar lighting installed. These lights are really intrusive. I'm hoping that the solar lightings are
taken out as well
Please investigate the solar bulbs as well
So much appreciated — Kathleen Saindon
-----Original Message-----
From: Gary Tilbury
To: Carol Benton
Cc:Annette Parsons ; ksaindonamsn.com ; Leslie Hurtado
Sent: Thursday, May 19, 2011 9:30 PM
Subject: Re: The Garden again
Don't all the gardeners have a key or combination to the Lock?What good will it do to make sure the
gate is locked at sunset?
The gardeners can still come and go at will.
On Thu, May 19, 2011 at 9:21 PM, Gary Tilbury <gary.tilbury(-gmail.com> wrote:
Thank you. This is getting old.
Gary
On Thu, May 19, 2011 at 9:10 PM, Carol Benton <carolbenton(aD-rocketmail.com>wrote:
There should not have been anyone there that late. The rules state that it is closed at sunset. I will go
by the garden tomorrow night at sunset and make sure that it is locked up. Thank you for letting me
know. I will investigate further.
Peace & blessings,
Carol
Sent from my iPhone
On May 19, 2011, at 8:57 PM, Gary Tilbury <gary.tilbury(aD_g mail.com> wrote:
> Carol,
> It is 8:50: PM right now and there are people in the garden.
> My neighbors are calling me because they can't sleep.
> What would you like me to do?
> Gary
-----Original Message-----
From: Gary Tilbury
69
To: ksaindon(a)-msn.com
Sent: Friday, May 20, 2011 10:26 PM
Subject: Fwd: HBCG
Hi K,
I sent this to Carol yesterday, she didn't respond to it.
I know it's corny but I was hoping she would try to understand.
Gary
---------- Forwarded message----------
From: Gary Tilbury <gary.tilbury(a)gmail.com>
Date: Thu, May 19, 2011 at 9:53 AM
Subject: HBCG
To: carolbenton(d-)rocketmail.com
Carol,
I know you guys think we are being unreasonable about the HBCG.
If you will, please try to imagine this...You wake up in the morning, put a robe on and go into your .
kitchen to get a drink of water.
Twenty feet from your kitchen widow strangers are walking by. Would you be comfortable?
What if you have a teenage daughter, would you be comfortable with her standing there with her p.j.'s
on?
We have to be presentable every time we leave our bedroom.
We have people walking by our windows every time we eat in our kitchen- unless we eat before 7:00
AM or after sunset.
We don't have window coverings in the kitchen, we have never needed the privacy before this. Now we
are totally exposed.
The HBCG has already cost my neighbor $2500. She babysits and was uncomfortable with the
gardeners being so close to the children.
Her fence was sprayed with weed killer while the children were playing in the backyard.We weren't
warned ahead of time about the spraying.
How would you have felt if your child was back there during the spraying? She had to put up a fence
that she didn't want and it cost her$2500. Does this seem fair to you?
I would be surprised if any of the gardeners have spent that much money out of their own pocket.
I know there are several other community gardens. I can't find any that are as close to homes as this
one.
You can see from pictures on your face book page taken March 7th how exposed we are.
How would you like it if your neighbors banded together behind your back and took something from
you that you love.
This open area has been part of my life for over 25 years.
I hope you can understand why we are so passionate about this area.
I wont bring this up again; Baronfeld asked me for that information last Friday. When I gave it to him
he said I was lying.
My wife read his response to me with her jaw on the floor. She said " how dare him talk to you like that
of
I am not the bad guy here. There have been several people that have had problems with him.
You would be surprised how rude the gardeners has been to us. They act like they have more right to
be here than we do.
This isn't a hobby for us, we live here.
Thanks again for being friendly, Gary
70
-----Original Message-----
From: Kathleen Saindon
To:Annette Parsons
Cc: 'Gary Tilbury'
Sent: Thursday, May 26, 2011 9:23 AM
Subject: Re: HB Community Garden Neighbors
Hello Annette
I do appreciate the communication. Kevin Matson is collecting the neighbor contact information. I
guess that was given to him at one of your meetings
When we do receive information, it's conflicting. We have been told — NO MORE EQUIPMENT. So,
why is there more?
-----Original Message-----
From:Annette Parsons
To: 'Kathleen Saindon'
Cc: 'Gary Tilbury'
Sent: Thursday, May 26, 2011 9:18 AM
Subject: RE: HB Community Garden Neighbors
Good morning, Kathleen,
You should be aware that one of the gardeners has arranged for a tractor to load amendments into their plot, and
you will see such activity on site today.
Given that I do not have the contact information, would you be able to pass this information along to your
neighbors?
Thank you,
Annette Parsons, Vice President
Huntington Beach Community Garden
714-317-5921
-----Original Message-----
From: Kathleen Saindon
To: gary.tilbury
Sent: Friday, May 27, 2011 7:11 AM
Good Morning Gary — I woke up this morning with someone back in the garden saying "So, we have
to be more quieter" shortly after 6:00 am
71
Here is some of which I have been thinking about this morning - Please share if you have the
opportunity
PRIVACY
No notification - City or HBGC
Equipment
Chairs and other items - solar bulbs
gravel - in addition to the holes
NOISE - echo
volume of people
If they expand the garden -too much traffic behind us
Day light - 7 day- 365 days a year - .
pesticides - spraying and gardeners using them as well
Alcohol usage
PROPERTY VALUES
No future plans provided - Don't know what to expect
DUST
DUST
DUST
Did I mention Dust
Who can we trust to Police the project
play ground - kids bikes
OUR HEALTH - MY FATHER
How come - No Environmental Impact report was done
No
No
I can't tell you how much this means to our families Gary. We appreciate Pam for coming out and
checking into their interest as well as ours.
Please thanks her for her kindness and if she would like to speak with any of the other families, I will
make myself available.
Every Day Is A Great Day-
Kathleen Kemp (Saindon)
714-585-0456 Cell
714-963-9238 Phone
714-963-9239 Fax
ksaindon(a?msn.com
-----Original Message-----
From: Gary Tilbury
To: gam.thomasasce.com
Cc: ksaindon(@msn.com ; Dominguez, David
Sent: Monday, May 30, 2011 2:46 PM
72
Subject: More vehicles in the garden
Hi pam,
I hope you are enjoying Memorial Day.
I don't think they got the message about the vehicles in the garden.
Here's a picture of a jeep that was back there a little while ago
Gary
---------- Forwarded message ----------
From: <Pam.Thomas@sce.com>
Date: Thu, May 26, 2011 at 3:17 PM
Subject: Re: Vehicles in the HBCG
To: Gary Tilbury <gary.tilbury@gmail.com>
Thanks Gary,
David was out at the property this afternoon and he has told the community garden that there should be no more
equipment on the property.
We will see what happens. Thanks for keeping me updated.
Have a great day.
I will call you tomorrow when I am going to be in the area.
Pam
Tam TE®
Right of Way Specialist
Transmission-Commercial Management
(714)70-A922/Pax*52922/Cell(714)788-o662
From: Gary Tilbury<aarv.tilbury cDcamail.com>
To: pam.thomasasce.com
73
Cc: ksaindon(o�msn.com,"Dominguez,David"<ddominguez(cDsudcity-hb orq>
Date: 05/262011 0136 PM
Subject: Vehicles in the HBCG
Hi Pam,
I found out what they are doing with the tractor.
Right now in the garden there is a big truck with a load of fertilizer, a Bobcat tractor and
a huge rototiller.
I just finished cleaning my windows again.
I sent you a picture.
Thanks, Gary[attachment "IMG_0962.JPG" deleted by Pam Thomas/SCE/EIX]
— MIR
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Tuesday, May 31, 2011 8:40 AM
To: Irebd@socal.rr.com
Subject: Fwd: More vehicles in the garden
Pam from Edison is coming out today to go over the issues we are having.
I hope if I can keep showing her that the garden people continuously break the rules
that she will shut it down.
She has had problems with them from the beginning.
Gary
---------- Forwarded message ----------
From: Gary Tilbury <gary.tilbury@gmail.com>
74
Date: Mon, May 30, 2011 at 9:56 PM
Subject: Re: More vehicles in the garden
To: Pam.Thomas@sce.com
Anytime. I'll be home.
Gary
On Mon, May 30, 2011 at 4:26 PM, <Pam.Thomas@sce.com> wrote:
Thanks for the information.
We will get to the bottom of this!!!
What time is good for you tomorrow?
Let me know.
Pam
---------- Forwarded message ----------
From: Gary Tilbury<gary.tilbury@gmail.com>
Date: Sun, May 29, 2011 at 11:36 AM
Subject: HBCG
To: pam.thomas@sce.com
Cc: ksaindon@msn.com, "Dominguez, David" <ddominguez@surfcity-hb.org>
Good morning,
I hope you are having a great weekend, the weather has been beautiful.
I hate to keep bugging you about this stuff. Did I misunderstand about the rototillers?
it's been 50 days past 4/10 and I thought there wasn't supposed to be any more
equipment in the garden.
There are at least 16 people back there right now and someone is operating a 2-stroke
rototiller.
It sounds like a chain saw running in our backyard. Several others are still " building "
their plots.
75
It is more like a construction project than a garden project.
We would leave for the day but we have friends visiting from out of town so we are
stuck here for the weekend.
I'm looking forward to meeting you on Tuesday
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Tuesday, May 31, 2011 6:16 PM
To: pam.thomas@sce.com; Dominguez, David
Cc: ksaindon@msn.com; Laurie Rebd
Subject: Another truck in the garden
Hello , it' me again
There is another truck in the garden tonight. It has been back there for about an hour.
Since Friday I've seen a big truck with a load of fertilizer, a tractor, a jeep, two trucks and
three rototillers.
We keep hearing that there will be " no more vehicles and no more equipment " but it
keeps coming. I don't understand.
Gary
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Tuesday, May 31, 2011 4:22 PM
To: pam.thomas@sce.com; Dominguez, David
Cc: ksaindon@msn.com; Laurie Rebd
Subject: HBCG
Hi Pam,
It was great meeting you today. Thanks again for coming out.
It was refreshing talking to someone who tries to see our side of the story.
I know the gardeners and the city council people think we are just a bunch of whiners.
We are very concerned about the big tree in back of Kathleen house. I can't imagine
why the gardeners dug up the roots.
Maybe they are trying to kill it because their plots aren't getting enough sun.
This could have weakened the integrity of the tree. If the tree falls over and damages
our houses who is liable?
76
We were hoping that the newspaper article would let the gardeners know what we
are going though, but that backfired on us.
Now we have people deliberately waking us up a little after 6:00 AM. It's hard to believe
we are dealing with adults.
If you ask the heads of the HBCG I'm sure they will deny any gardeners are back there
that early. They will probably blame the homeless people again.
Here's a picture of the truck that was in the garden right before you got here.
Thanks again, Gary
TM S ��C'�'. \yea %\L .(• �!
}
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Wednesday, June 01, 2011 12:00 PM
To: Shadia, Mona
Cc: ksaindon@msn.com; Laurie Rebd
Subject: Huntington Beach Community Garden Update
Good morning Mona,
I wanted to thank you for coming out here and doing the article about the garden.
We were hoping the article would let the gardeners know what we are going through,
but it has backfired on us.
77
Now we have gardeners deliberately waking us up around 6:15 AM. The morning after
the article came out someone was in back of Kathleen's house a little after 6:00 yelling "
so we have to be quieter now ".
It's hard to believe we are dealing with adults. The heads of the garden will deny that
their people are back there so early and probably blame the homeless people again.
I think it's funny that Devin Dwyer said in your article that they want to compromise
about the hours of operation. They wouldn't even disuse it with us before.
We were always told they needed 7:00 AM to sunset to accommodate the gardeners.
What about accommodating us?
David Dominguez e-mailed us the day after the article came out and apologised for not
getting back with us sooner, he said he had been out of town for a few days.
It had been six weeks since he had responded to our e-mails.
Pam from Edison was out yesterday to talk to us. Kathleen and I met her in the garden.
It was the first time either of us had been in the garden.
We discovered that someone in the garden has been digging up the roots on Kathleen's
big tree at her back fence. ( I sent a picture )
I can't imagine why someone would do this unless they are trying to kill the tree so their
plots will get more sun.
We are concerned that this is going to weaken or kill the tree and it could possibly fall
on our houses. Who would be liable?
Pam hadn't been to the garden for over a month. The last time she was here she had a
list of issues the HBCG was supposed to take care of.
Yesterday there was still several of those issues that had not been addressed. For
example, no metal is allowed in the garden.
78
David Baronfeld ( President of the HBCG ) has a metal table and chairs in his plot. Pam
told him over a month ago he HAS TO remove them. They are still there.
They blatantly brake the rules all the time. If the President wont follow the rules why
should anyone else?
As of April 10th no vehicles or equipment is allowed in the garden. That was almost
eight weeks ago and there are still vehicles back there all the time and the rototillers
have been running nonstop.
Pam spoke with David Dominguez on Friday about this. He assured Pam that he would
put a stop to this.
From that conversation to Tuesday evening there has been a big truck with a load of
fertilizer, a tractor, a jeep, two trucks and three rototillers!!!
That's just what I've seen and I was gone from 10:00 AM until 4:00 PM on Saturday and
12:00 to 4:OOPM on Sunday
They tell us something to appease us and that's the end of it. They keep telling us they
want to be good neighbors. You can say that three times and click your heels together
but that doesn't make it happen.
We had friends from out of town staying with us last weekend. According to their tally
on the HBCG web page there was 150 gardeners out there this weekend. It was
impossible to enjoy the beautiful weather we had with all those strangers in our
backyard.
Something else we learned...There was a RV storage yard that was going to be built
on Edison property on Ellis. The homeowners found out about the project before it
started and stopped it from being built.
I can't prove it but I bet that is why we weren't notified about the HBCG going in our
backyards. It harder to stop a project if it has already begun.
Thanks again, Gary
-----Original Message-----
From: Gary Tilbury
To: pam.thomas(a)-sce.com ; Dominguez, David ; pemery(a2suftity-hb.org
Cc: ksaindon(a)msn.com ; Rebd, Richard -NEWPORT BE CA
Sent: Friday, June 03, 2011 9:07 AM
Subject: HBCG Questions
79
Hi Pam, it's me again
I was wondering if you got any answers about Kathleen's tree the gardeners are digging up.
The tree is so big if it falls on our houses it's going to do a tremendous amount of damage.
I'm sure our homeowners insurance will say it was an " act of God " but God didn't dig the roots up, the
gardeners did.
I don't want to wait until this happens. The heads of the HBCG will deny having anything to do with it
like they deny everything else we bring up.
Maybe,they'll blame the homeless people again -the ones we see in the garden at night with the
flashlights.
I think we should take some legal action so at least it will be documented for our own protection.
Besides the gardeners deliberately waking of up at 6:15 AM after the newspaper article came out, this
has been the quietest week we have had since the April 1Oth cut-off date.
I've only seen one big truck with a load of fertilizer, one tractor, two pic-up trucks, one Jeep and three
rototillers in the garden this week.
That's way down from the past eight weeks.
I wish I would have known the rototillers weren't allowed in the garden. There have so many I just
assumed it was okay. At least one person a day has been rototilling for seven week straight.
Please let me know what you find out about Kathleen's tree.
Thank you so much, Gary
-----Original Message-----
From: Rebd,Richard-NEWPORT BE CA
To:Laurie Rebd;Dee Brundage;Gary Tilbury.;Kathleen Saindon; Ken Paquin; Lauren Tilbury; Randy Bresee; Richard
Rebd(personal) ;Tim Hopkins
Sent: Monday,June 06,20117:36 AM
Subject:Today's Neighborhood Meeting
After looking again at the meeting notes I think it reads more like a list of what's wrong
with the current operation of the existing community garden and does not adequately
stress the need to change the dialog from what wrong with the operation of the garden
to why the garden is not in the right location and why we thing the city should consider
relocating the site of the garden to one that works for everyone involved and respects
the reasonable rights and expectations of the affected neighborhood. We need to stay
focused on this point and when we do digress to what's wrong with the current
operation on the garden we need to immediately bring the conversation back to why
the location needs to be readdressed. And finally we might want to avoid for now those
points about the garden that could be remedied or mitigated by changing the way they
operate in other words there is no operational change the can remove 100 people
from being in your back yard but the can claim the will stop the use of rototillers.
Richard Rebd
Financial Advisor/Senior Vice President-Investments
Merrill Lynch, Pierce, Fenner&Smith Incorporated
500 Newport Center Dr.Suite 175
80
Newport Beach,Ca 92660
949 718-6657
richard.rebd@ml.com
Please make sure you're using 949 718-6657 as my telephone number.
From: Laurie Rebd [mailto:lrebd@socal.rr.com]
Sent: Sunday,June 05, 2011 9:30 PM
To: 'Dee Brundage'; 'Gary Tilbury'; 'Kathleen Saindon'; 'Ken Paquin'; 'Lauren Tilbury'; Laurie Rebd; 'Randy
Bresee'; Rebd, Richard - NEWPORT BE CA; 'Richard Rebd (personal)'; 'Tim Hopkins'
Subject: Today's Neighborhood Meeting
Neighbors,
As we discussed please find:
1) Notes from our meeting today
a. Action Items noted
2) List of potential alternate sites to be visited - name of person responsible for
visiting the site and completing the form (completely flexible)
a. We should try to have this completed by next Sunday 6/12/2011
3) Form to complete for each site visit (these will be complied and used for our
presentation to City Council)
Please confirm that you received this e-mail.
It was a pleasure meeting everyone! (too bad it is due to poor circumstances)
O
Laurie
-----Original Message -----
From: Gary Tilbury
To: pam.thomas(a)sce.com ; Dominguez, David ; pemeryCcDsurfcity-hb.orq ; ksaindon@msn.com
Cc: richardrebOd-Nmail.com ; Rebd, Richard - NEWPORT BE CA
Sent: Sunday, June 05, 2011 7:36 PM
Subject: HBCG Parking
Hi Pam,
Are vehicles allowed to use the handicapped parking for loading and unloading or is only for
handicapped people?
This guy didn't seem very handicapped, he was carrying a metal table over his head.
Gary
81
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From: Kathleen Saindon [mailto:ksaindon@msn.com]
Sent: Monday,June 06, 2011 12:32 PM
To: Laurie Rebd
Subject: Re: Today's Neighborhood Meeting
Hello Laurie
82
I received an e-mail from David Dominguez this morning
The meeting that was to be scheduled for Tuesday, June 14 has been postponed. He
will let me know when the new date works for everyone.
When I hear something, I will let you know.
Thanks so much Kathleen
-----Original Message-----
From:Laurie Rebd
To:'Dee Brundage';'Gary Tilbury' ;'Kathleen Saindon';'Ken Paquin';'Lauren Tilbury'; Laurie Rebd ;'Randy Bresee';
'Richard Rebd';'Richard Rebd(personal)';'Tim Hopkins'
Sent:Sunday,June 05,20119:30 PM
Subject:Today's Neighborhood Meeting
Neighbors,
As we discussed please find:
1) Notes from our meeting today
a. Action Items noted
2) List of potential alternate sites to be visited — name of person responsible for
visiting the site and completing the form (completely flexible)
a. We should try to have this completed by next Sunday 6/12/2011
3) Form to complete for each site visit (these will be complied and used for our
presentation to City Council)
Please confirm that you received this e-mail.
It was a pleasure meeting everyone! (too bad it is due to poor circumstances)
O
Laurie
From: Dominguez, David [mailto:ddominguez@surfcity-hb.org]
Sent: Monday,June 06, 2011 5:04 PM
To: Irebd@socal.rr.com
Subject: Licence Agreement and MOU
Dear Laurie —
83
Thank you for taking time to stop in today. Per our conversation, attached please find
copies of the License Agreement with the City and SCE as well as the MOU between the
City and HBCG. I will also add you to the distribution list for the community meeting.
Please give me a call with any questions.
Thanks again.
g d'o. 00MIX�un
David Dominguez I Facilities, Development&Concessions Manager
City of Huntington Beach I Community Services Department
Office:714.374.5309
-----Original Message-----
From: Gary Tilbury
To: pam.thomas(a)sce.com ; Dominguez, David ; Emery, Paul ; ksaindon@msn.com
Sent: Tuesday, June 07, 2011 7:04 PM
Subject: More inner plot being built in the HBCG
Hi Pam, It's me again.
The inner plots inside the regular plots that you told me are not allowed are still being built.
I know you are concerned about the children riding their bicycles in the garden, so I included a picture
of that too.
IT talk to you tomorrow.
Thanks, Gary
84
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From: Pam.Thomas@sce.com [mailto:Pam.Thomas@sce.com]
Sent: Tuesday, June 07, 2011 12:57 PM
To: Laurie Rebd
Subject: Re: Laurie Rebd - 10082 Spar Circle - Community Garden
Hi Laurie,
I think that the confusion here is that maybe the people at the city were not understanding that this is actually a
city project and the community gardeners are on the property through the cities agreement with Edison.
I am not sure what documents exactly that you are looking for. The plans for the community garden were
submitted to SCE for our approval and once those plans were approved, a license agreement was issued to the
85
city. Neither of these documents are public documents and therefore are not something that I can provide to you.
Let me know exactly what type of information/document you are looking for and then I may be able to point you in
the correct direction to get that information.
Pam
Tam 21®
Right (Df Way Specialist
Transmission-Commercial Management
(714)796-9922/Pax#52922/Cell(714)788-o662
From: Pam.Thomas@sce.com [mailto:Pam.Thomas@sce.com]
Sent: Wednesday,June 08, 20114:12 PM
To: Laurie Rebd
Subject: RE: Laurie Rebd - 10082 Spar Circle - Community Garden
Hi Laurie,
Sorry to make you feel like you are a ping pong ball being tossed back and forth but we would not have done any
of this research before issuing the city a license.
If this information is a requirement of the city, then I would assume that it was done by the community garden
people and that the city would have that information.
I would contact David Dominguez and find out if he can provide you the information that you are looking for.
Pam
From: Kathleen Saindon [mailto:ksaindon@msn.com]
Sent: Thursday,June 09, 2011 7:37 AM
To: Laurie Rebd
Cc: 'Gary Tilbury'; LFTilbury@yahoo.com; 'Rebd, Richard - NEWPORT BE CA'
Subject: Re: Today's Neighborhood Meeting
Hello Laurie
Definitely — I do believe that we should meet on Sunday. I have contacted an attorney
and an Arborist. I have also been to several neighbors homes who are also discussing
86
the allergy/sinus issues that have stemmed since January. Did I mention the dust???? I
would like to hear about your conversation with David.
Please let us know what time works for you ^'
Thanks — K
-----Original Message-----
From: Laurie Rebd
To:'Kathleen Saindon'
Cc:'Gary Tilbury'; LFTilbury@vahoo.com;'Rebd, Richard- NEWPORT BE CA'
Sent:Thursday,June 09,20117:31 AM
Subject: RE:Today's Neighborhood Meeting
Kathleen,
Thanks for the update. I ended up meeting David Dominguez on Monday. Our
conversation was very enlightening.
I think it makes sense for us to have another brief meeting this Sunday. What do you
think?
Let me know.
Thanks again for all you are doingHH!
Laurie
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Tuesday,June 14, 2011 3:17 PM
To: pam.thomas@sce.com; Dominguez, David; Emery, Paul; ksaindon@msn.com; Laurie Rebd
Subject: Jackhammering in the HBCG
Hi Pam,
If you're wondering why you haven't heard from me in a while, I haven't been around
much lately.
Do you know why they are jackhammering in the garden today?
I don't think it's the gardeners doing it, I am just curious what they are doing.
87
The gardeners are still doing construction on their plots. We've had construction
going on for six months.
Every plot have a little fence around it. That's over one hundred fences, I don't think it
will ever end.
They think they are having rabbit problems. I think they are having squirrel problems.
There are hundreds of squirrels that live in the rocks on the river bank.
There are rabbits too but way more squirrels. They aren't going to keep the squirrels out
of their plots with those little fences.
We have always had trouble growing fruits and vegetables in our backyard because of,
the squirrels. I even had one inside my house one day.
If we would have known about the HBCG project before it went in we would have told
them this was going to be a big problem for them.
Thanks, Gary
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Seat: Tuesday,June 14, 2011 6:56 PM
To: pam.thomas@sce.com; Dominguez, David; david baronfeld; Emery, Paul
Cc: ksaindon@msn.com; Laurie Rebd
Subject: Dogs in the HBCG
Hi Pam, guess who
Now there are gardeners back there with two dogs.
They seem like nice little dogs but they have all the dogs in our neighborhood barking at
them.
Thanks again, Gary
From: Kathleen Saindon [mailto:ksaindon@msn.com]
Sent: Tuesday,June 14, 2011 7:35 PM
To: pam.thomas@sce.com; Dominguez, David; david baronfeld; Emery, Paul; Gary Tilbury
Cc: Laurie Rebd
Subject: Re: Dogs in the HBCG
Thanks Gary for taking the time to forward information to the proper parties
The dogs in the neighborhood had been barking for some time, The noise and disruptions are out of
control.
88
Jackhammers then the dogs. If you lived here you would truly understand that the garden is in the
wrong spot
I appreciate your diligence —Thanks again Gar
Kathleen
-----Original Message-----
From: Gary Tilbury
To:pam.thomas(a)sce.com ; Dominguez, David ; david baronfeld ; Emery Paul
Cc: ksaindon(a)-msn.com ; Laurie Rebd
Sent: Tuesday, June 14, 2011 6:55 PM
Subject: Dogs in the HBCG
Hi Pam, guess who
Now there are gardeners back there with two dogs.
They seem like nice little dogs but they have all the dogs in our neighborhood barking at them.
Thanks again, Gary
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Friday,June 17, 2011 10:30 AM
To: pam.thomas@sce.com; Dominguez, David; Emery, Paul
Cc: ksaindon@msn.com; Laurie Rebd
Subject: More Rototillers in the HBCG
Goog morning Pam,
There is more rototilling going on today. Someone told us there was no more equipment
allowed in the HBCG.
I told you locking the gate wasn't good enough. There needs to be a guard at the gate.
Someone to tell them sorry no vehicles, sorry no rototillers, sorry no jackhammers, sorry
no dogs, sorry no wood planters, sorry no alcohol...
But no one is there so we keep paying the price with this constant noise and dust.
We keep hearing it's going to get better, but we don't have much faith in what we are
told anymore.
If you don't hear from me again today ( and hopefully you won't ) Have a great
weekend and have a happy Fathers' Day.
Gary
89
From: Kathleen Saindon [mailto:ksaindon@msn.com]
Sent: Friday,June 17, 2011 10:55 AM
To: pam.thomas@sce.com; Dominguez, David; Emery, Paul; Gary Tilbury
Cc: Laurie Rebd
Subject: Re: More Rototillers in the HBCG
Hello Everyone
My 75 year old Mother was up all night caring for my 89 year old Father who is very ill. Guess what
woke her today.
R%C)TORLLER
My family feels that this is getting worse. I see nothing to prove that this project
should stay in this place. Why isn't this being moved
We have had all we can take.
What is being done???????
Kathleen
-----Original Message-----
From: Gary Tilbury
To: pam.thomas(d)-sce.com ; Dominguez, David ; Emery, Paul
Cc: ksaindon(cDmsn.com ; Laurie Rebd
Sent: Friday, June 17, 2011 10:29 AM
Subject: More Rototillers in the HBCG
Goog morning Pam,
There is more rototilling going on today. Someone told us there was no more equipment allowed in the
HBCG.
I told you locking the gate wasn't good enough. There needs to be a guard at the gate.
Someone to tell them sorry no vehicles, sorry no rototillers, sorry no jackhammers, sorry no dogs, sorry
no wood planters, sorry no alcohol...
But no one is there so we keep paying the price with this constant noise and dust.
We keep hearing it's going to get better, but we don't have much faith in what we are told anymore.
If you don't hear from me again today ( and hopefully you won't) Have a great weekend and have a
happy Fathers' Day.
Gary
90
From: Pam.Thomas@sce.com [mailto:Pam.Thomas@sce.com]
Sent: Friday,June 17, 2011 11:08 AM
To: Kathleen Saindon
Cc: Dominguez, David; Gary Tilbury; Laurie Rebd; Emery, Paul
Subject: Re: More Rototillers in the HBCG
Hi Kathleen,
David Dominguez is off today so I will respond.
I know that this has been very frustrating for you and seems that nothing is being done but David Dominguez and
I are working together to address all of your concerns and insure that the community garden members understand
and follow the rules.
We realize that this is moving slowly but I can assure you that it is moving forward and you will start to see
changes very soon.
We are definitely not ignoring your concerns but when there are this many people involved, the communication
sometimes takes longer than we would like.
Please bear with us a little longer and like I said before, I am confident that you will start to see changes.
As I have said before, I am still confident that we can work these things out and turn this into something that does
not cause you a constant irritation. I am even optimistic enough to think that maybe someday you will enjoy at
least a part of this!!!!
Please feel free to continue to send your concerns to us and know that we are working on correcting these issues.
Thanks,
Pam
From: Kathleen Saindon [mailto:ksaindon@msn.com]
Sent: Friday,June 17, 2011 11:29 AM
To: Pam.Thomas@sce.com
Cc: Dominguez, David; Gary Tilbury; Laurie Rebd; Emery, Paul
Subject: Re: More Rototillers in the HBCG
Hello Pam
I thank you for your reply. You have listens to our concerns.
91
However, I don't feel that the HBCG is listening to anyone. They seem to do what they want, whenever
they want. This has created a horrible life style for me, my family and my entire neighbor hood and in
fact, the business community as well. We will present those issues as our meeting approaches.
Honestly Pam, It seems to be getting worse
We appreciate your kindness and concerns for us. I'm thankful that someone is listening.
I am hopeful that the Council Member hear their constituents concerns as well.
I hope that your family has a wonderful Fathers Day
Thanks - Kathleen
From: Kathleen Saindon [mailto:ksaindon@msn.com]
Sent: Friday,June 17, 2011 12:29 PM
To: Laurie Rebd
Subject: Re: Dave Dominguez Meeting
Mine was done last week
Every day is a Great Day - Kathleen.
On Jun 17, 2011, at 11:58 AM, "Laurie Rebd" <Irebd@socal.rr.conn> wrote:
Gary and Kathleen,
Dave Dominguez has agreed to meet with a "few" of us (1 told him we would keep it to 5 or 6) next
Wednesday at 5:30 p.m. at either Kathleen's or Gary's (I need to call him back with an address).
Dave said he was hoping to hear about all our concerns and problems at the meeting the following
week. I told him we felt like we needed to have some dialog prior and he agreed to meet with us. He "
didn't want it to appear as though he was favoring either side which is why I believe he was a bit
reluctant.
Any chance you guys can have your park site visits done by this Sunday? I am working on a
presentation for Dave which we can also use for the meeting. Once I have the draft completed, we can
meet or I can forward it to everyone for input and suggested revisions, etc.
Which 5 or 6 people are most key to the effort you feel should meet with Dave next week?
Thanks
Laurie
92
From: Kathleen Saindon [mailto:ksaindon@msn.com]
Sent: Friday,July 15, 2011 1:43 PM
To: Laurie Rebd
Subject: Fw: HBCG
-----Original Message-----
From: Gary Tilbury
To: ksaindon(cDmsn.com
Sent:Wednesday, July 06, 2011 1:43 PM
Subject: HBCG
I would like to see the HBCG move to a different location
The garden should be closed on Sundays. That is a day of rest.
The garden should be closed on holidays. If everyone else gets the day off we should too.
No one should be in the garden earlier than 8:00 AM. In-six out of the eight homes that are effected by
the HBCG there are people either working from home or retired.
A specific time to stop gardening. 8:00 PM is way to late -for the same reason 7:00 am is too early.
Sunset is too vague, if it's cloudy the gardeners play stupid and stay in the garden because they can't
see the sun.
I think one hour before sunset would work, so closing time now would be 7:00 PM. The time would
change through out the year. That is eleven hours of gardening a day for this time of year.
No yelling in the garden! We hear everything
No cussing in the garden! We hear everything
The gardeners need to stop yelling at the poor homeless people. The gardeners
From: Kathleen Saindon [mailto:ksaindon@msn.com]
Sent: Friday, July 15, 2011 1:44 PM
To: Laurie Rebd
Subject: Fw:
-----Original Message-----
From: RANDY BRESEE
93
To: Kathleen Saindon
Sent: Monday, July 04, 2011 6:34 PM
Hi Kathleen,
Security and noise are my main concerns. I don't think the city or the garden people have any way of
enforcing rules that they may impose.
I do have to say that there is less noise lately. That said, I think that if we don't complain they will just
do as they please.
Randy
From: Kathleen Saindon [mailto:ksaindon@msn.com]
Sent: Friday,July 15, 2011 1:44 PM
To: Laurie Rebd
Subject: Fw: Community Garden Concerns and Desires
-----Original Message-----
From: Bart&Jackie Landsman
To: ksaindon@msn.com
Sent: Tuesday, July 05, 2011 4:35 PM
Subject: RE: Community Garden Concerns and Desires
Hi Kathleen,
As I slightly discussed with you at the meeting. We own and they rent. My feeling is that the week
should be split up 75% for us and 25% for them. With 168 hours in a week thay get 42 hours per
week. That comes out to 7 hours per day, 6 days per week. maybe alter the hours on different days to
include some mornings and some evenings. I will leave it up to you regarding the times you would
request and the day off. Also Holidays should be ours.
Thanks Bart and Jackie
From: ksaindon@msn.com
To: barjaq@msn.com
Subject: Community Garden Concerns and Desires
Date: Tue, 5 Jul 2011 07:11:30 -0700
Neighbors,
Dave Dominguez requested that we provide him with our concerns and desires for the garden by next
Friday, July 9th. Kathleen has volunteered to gather everyone's concerns and desires, consolidate
them and provide a rough draft for our review. This process will ensure that each person has an
opportunity to have a voice!!!!
Please e-mail you information to Kathleen by the 5th. ksaindon(a-msn.com This will give her two
days to consolidate the information and redistribute it for our final review before submission to Dave.
94
1
Have a great holiday weekend!
Laurie
From: Dominguez, David [mailto:ddominguez@surfcity-hb.org]
Sent: Tuesday, July 19, 2011 1:59 PM
To: Laurie Rebd
Subject: RE: Notes from Yesterday
Hi Laurie—
Yes, I did receive the email —thank you. I've had meetings with SCE and the HBCG
President and will address rules pertaining to SCE guidelines and other impacts. A new
listing of rules and regs are being formulated for the garden operation. I will provide you
with a copy once we have a draft format.
Thanks again.
V " 6. loomm5mez
David Dominguez I Facilities, Development&Concessions Manager
City of Huntington Beach I Community Services Department
Office:714.374.5309
From: Laurie Rebd [mailto:lrebd@socal.rr.com]
Seat: Tuesday,July 19, 2011 1:21 PM
To: Dominguez, David
Subject: Notes from Yesterday
Hello Dave,
I wanted to make sure you received my e-mail yesterday with the consolidated requests
and concerns from the neighborhood?
Please let me know.
Thanks
Laurie
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Tuesday, July 19, 2011 8:12 AM
95
Laurie Rebd
Subject: HBCG Adjacent residents Concerns and Desires 7-17-11 Word 97-2003
Attachments: HBCG Adjacent residents Concerns and Oenii^s 7--17-11 Word 97-2003.pdf
Importance: High
From: Laurie Rebd rnaiiJoJrebdnsocal.rr.com
Sent: Monday,July 18, 2011 10:47 AM
To: 'Dominguez, David'; 'Pam.thomas@sce.com'
Cc: 'Richard.fujikawa@sce.com'; 'Jenelle.froisland@sce.com'; 'Rebel, Richard - NEWPORT BE CA'; 'Richard Rebd'; 'Gary
Tilbury'; 'Kathleen Saindon'; 'randybresee@yahoo.com'; DAVTDREBD()GMAIL.COM; 'Blonddeeb@gmail.com';
'Hopkinshb@aol.com'; 'Pagmanl@yahoo.com'
Subject: HBCG Adjacent residents Concerns and Desires 7-17-11 Word 97-2003
Importance: High
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This document was provided to Dave Dominguez on 7-18-11 as a follow-up to our 6-29-11 meeting at
the Edison Community Center with Devin Dwyer, Dave Dominguez, HBCG, SCE and concerned
residents. Page 4-28 (Photographs have been omitted in an effort to be environmentally friendly.)
HBCG Adjacent Residents
Concerns and Desires
7-17-11
■ Location of Garden (behind residential homes is not appropriate)
o The garden is in essence a "park" not"residential agriculture" as zoned and should be
relocated to an appropriate site for such activities.
■ The gardeners have chairs, sit, chat and socialize with fellow gardeners, bike
through garden gravel (noise) and most gardeners(110 plots x 2 ppl/plot
minimum w/o kids) are at the site a minimum of 3 times per week, many 5-7
times per week.
■ The foot traffic and noise of the "park" is intrusive to the adjacent residents.
o Residential Agriculture(current land use designation)—Tree Farms and Nurseries have
limited numbers of workers (2-5), standard business hours(8-5 M-F), minimal noise,and
are not social gathering points and don't invade the privacy of the adjacent neighbors to
the degree of a community garden (aka park)with over 110 plots(at its smallest), with a
continual flow of visitors. If visitors/participants are not gathering or staying long, there
is no need for a port-a-potty.
o A green belt similar to areas under other Edison easement properties would provide an
environment which can be used by all residents of the community not a limited few and
encourage active lifestyles. It would be consistent with similar high power line land use
within the city. A green belt would be aesthetically pleasing and compliment the cities
open and green-space master plan. A green belt would eliminate the current DUST
noise from pounding and associated community garden problems. The green belt
would be a walking versus gathering area since city green belts do not include benches
for loitering.
o Private Property Issue- Yes, it is private property! Private property doesn't mean the
property owners can do whatever they want with their property!!!! A change of zoning
should go through an appropriate process and this did not! The property is not being
used for Residential Agriculture as zoned. The land is being used as a park but called a
"garden"to satisfy the RA zoning!
■ Garden Operations
o Hours of Operation,Noise and Foot Traffic
■ Year Round the gardeners are constantly pounding stakes as the crop changes.
There is very little respite from this due to the nature of seasonal crops. With
110 plots there are always 5-25 people pounding and tending at any given time
ALL DAY LONG...7 days per week, including holidays, sun-up to sun-down!
• We would like to see the garden closed on major holidays! If everyone
else gets the day off adjacent residents should also!
• We would like the garden to be closed on Sundays (day of rest)
1
• We would like the garden hours to be cut 2 times per week early Possibly
Tues. &Thurs.the garden could open late and close early. This would
accommodate adjacent neighbors who would like to sleep until 9 or 10.
• Specific hours should be posted and adhered to, sun-up to sun-down is
too vague. 8:00 p.m. is too late to stop gardening for the same reason
6:00 a.m. (sun-up) is too early. If it is cloudy some gardeners play
ignorant and stay in the garden because they can't see the sun. A 7:00
p.m. closing time would be appropriate for this season but vary
throughout the year. From 8:00 a.m.to 7:00 p.m. should give most
gardeners plenty of access those days.
• We own and they rent.The week should be split up 75%for us and 25%for
them. With 168 hours in a week they get 42 hours per week. That comes out to
7 hours per day,6 days per week. Maybe alter the hours on different days to
include some mornings and some evenings. Also Holidays should be ours.
a No yelling in the garden,the residents hear EVERYTHING!
• No cursing in the garden,the residents (and their young children) hear
EVERYTHING!
• As a courtesy plots directly adjacent to residences should be offered for
first rights of rental to the resident. Plots should be a minimum of 50 feet
from any residence.
• We would like the gardeners to understand the impact their presence has
on adjacent neighbors
• Please request that the gardeners stop yelling at the poor homeless
people. The gardeners don't live there and the homeless people don't
bother the residents. The residents feel sorry for them.
o Dust& Dirt—Has created health and cleaning problems for adjacent residences
■ We would like the use of any power equipment in the garden to be prohibited
■ Since the garden inception adjacent residents have had severe respiratory
problems. Has the soil been tested for potential harmful contaminants? This
should be done for the safety of both the gardeners and adjacent residences.
SCE used PCB's in their lines for years and harmful residuals from such may be at
the root of the health concerns
• Affected residents health
o An adjacent neighbors 89 year old father(the homeowner now
has to keep all the windows in the back of the home closed to try
and eliminate the health problems
o Two adjacent homeowners(age 40-60)with no pre-existing
respiratory or allergy symptoms have had chronic problems since
the garden soil activity began.
o Congregating, Gathering, Group Assembly
• Would like all chairs to be removed from the gardenfi.Pictures attached)
• When/where storage benches are permitted,there should be one permissible
brand/style (pictures attached)
• Remove port-a-potty. Visitors should not be there so long as to require use of
facilities. (pictures attached)
2
• Community Garden Rule Enforcement,Security
• Consequences of Breaking Rules?
■ Who will enforce? How?
® Unless adjacent residents chronically report violations there is no
oversight!.
® If land is left as is or turned into a green belt, there is nothing to enforce
and/or HBPD will patrol as with all other space.
■ Due to increased foot traffic(110+gardeners),there are major security risks to
adjacent property owners now. In the past we knew who belonged in the field
and who didn't. Until the garden was installed this area was a thoroughfare not
congregation area!
o Neighbor Participation in HBCG Rules and Regulations
A member of the community from the residents directly affected should work
with the HBCG to establish rules and regulations which are conducive to the
garden operating with minimum intrusion to adjacent residences
o Aesthetics—The overall garden is a hodgepodge of 110 people expressing their
"individual garden decor" in a community area. While each individual plot would be
aesthetically pleasing at a personal residence, the combined effect is a swap meet like
carnival of decorations which are clearly not consistent with any other parks or the
"residential agriculture" designation
■ There should not be any chairs as it is not a "gathering place". People should
tend their small plot for a limited time and vacate. (pictures atnccihed)
® Individual trellises,fences,windmills, umbrellas, owls, butterflies, flags, make the
"garden" create a swap meet look which has not been approved under a master
plan. The master plan which was approved was ground level plots. Not
homemade bamboo tepee stakes, PI/C housing for vines to climb, etc. (pictures
attached)
o Wildlife—The HBCG has had a negative impact on area wildlife.
Hawks,owls and coyotes feed on the field mice and wildlife in the open space.
Their food source is now gone where the HBCG has been installed and so is our
enjoyment of the wildlife. Qpicttutres attached)
® Gophers, snakes and squirrels have now migrated to adjacent yards because
their habitat(HBCG) has been disrupted. The adjacent residences now have
gophers and squirrels eating their landscaping and snakes in their yards!
(pictures attached)
3
To: Dominguez, David; pam.thomas@sce.com; Emery, Paul; ksaindon@msn.com; Laurie Rebd
Subject: Plowing in the HBCG
Why weren't we notified about this? This is the second day of plowing and now they are
running chainsaws in back of my house.
We were told we would be notified when any construction was going to be done in the
H BCG.
I'm so tired of being upset about the activities in my backyard.
I can't wait for the NEW rules to be broken.
Gary
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Tuesday,July 19, 2011 8:12 AM
To: Dominguez, David; pam.thomas@sce.com; Emery, Paul; ksaindon@msn.com; Laurie Rebd
Subject: Plowing in the HBCG
Why weren't we notified about this? This is the second day of plowing and now they are
running chainsaws in back of my house.
We were told we would be notified when any construction was going to be done in the
HBCG.
I'm so tired of being upset about the activities in my backyard.
can't wait for the NEW rules to be broken.
Gary
From: Gary Tilbury[mailto:gary.tilbury@gmail.com]
Sent: Wednesday,July 20, 2011 12:37 PM
To: Laurie Rebd
Subject: HBCG
Hi Laurie,
I knew it was Edison plowing but it still seems like we should be notified when this sort
of activity is taking place in our backyards.
Pam knows what we have been going through, so she let us know when Edison was
getting bids for trimming the trees.
She let us know the last time the towers were being power washed.
96
So I don't understand why we weren't told about the plowing and the tree trimming.
It's not just the annoyance of the noise and the inconvenience of having to clean
everything from the dust, it's a health problem for us.
Three women on our street have had chronic sinus problems since the HBCG project
started and Kathleen's dad is under the care of Hospis.
I thought the paper you submitted was very well written. Thank you for doing that. I
also don't think it will do any good.
I see the gardeners breaking the rules all the time, so why will they obey any new rules?
Do you remember when we were at the meeting and Annette told us that she tells the
gardeners to speak with their indoor voices because they are bothering the neighbors?
The very next day there was a guy walking his dog on the path on the side of the river
bank. He apparently knew several of the gardeners that were in the field and started
yelling back and forth to them.
Some of the gardeners were in the plots directly in back of our houses. He sat down in
the dirt and yelled back and forth to the gardeners for about a half an hour.
Annette was working in her plot the whole time and never said anything to them. I sure
Randy was trying to sleep.
This is another perfect example of them telling us what they think we want to hear but
then doing what they want. ( Some people would call this blowing smoke up our
This looks good in front of the City people, sounds like the HBCG is really trying to be
good neighbors.
Annette is in the field right now with five children, two little girls are yelling and
screaming and running all over the place, I haven't heard anyone ask them to be quite.
Why should they...they are at the park!
Gary
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Tuesday,July 26, 2011 7:16 PM
To: Dominguez, David; Emery, Paul; ksaindon@msn.com; Laurie Rebd
Subject: Weekend HBCG Update
Hi Dave,
I have a huge favor to ask of you. If you hear that anyone important is going to visit the
HBCG, could you please let me know?
I found out the Mayor was out here last week. I found out the day after he was here.
97
I would like to speak to the Mayor about the negative impact the HBCG is having on the
homeowners.
He probably never hears anything negative about the HBCG. Maybe the Mayor would be
concerned that Huntington Beach homeowners feel they are being treated unfairly.
Today when I was getting out of the shower, I heard people talking in the garden. I
looked out the window and saw Devin Dwyer in the field with three gardeners pointing
at my house.
I would like to know what they were talking about. By the time I got dressed and went
into my backyard, Devin was gone.
I would like Devin to see the HBCG from our side of the fence, like you did.
It is extremely difficult for us to contact the City Council members. Please let us know
when they will be in the HBCG or ask Devin to let us know.
He comes out and talks to the gardeners, we would like to talk to him too.
It seems like someone would care more about the homeowners that live here than the
gardeners that are using this area as a hobby.
Believe it or not, the construction is still going on.
On Saturday, some gardeners spent the day putting up a fence around their plot.
On Sunday, some other gardeners spent the day putting up a trellis in their plot.
I saw one gardener burying sheets of metal lath in his plot.
I heard there is going to be more rototilling, but it hasn't happened yet.
We have had six months of construction so far, and some people don't even have their
plots planted yet. COME ON!
Now that school is out, the gardeners are bringing groups of children with them and I've
never heard anyone asking the kids to be quiet while they're back there.
The kids run around yelling and playing — like they are at a park.
Do you remember at the meeting at the Community Center when Annette told us she
asks the gardeners to use their "indoor voices" when they are in the HBCG because the
sound is projected into our homes?
The day after the meeting I was in my backyard replacing the window in my master
bedroom —the new window helps with the noise so we aren't woken up at 7AM on the
weekend and holidays.
There was a guy walking his dog on the dirt road on the side of the river bank. He,
apparently, knew several of the gardeners in the field and started yelling back and forth
to gardeners that were in plots directly in back of our houses.
He ended up sitting in the dirt on the river bed and yelled back and forth for about a half
an hour.
Annette was working in her plot the whole time and never said anything to them.
98
Just another example of the gardeners saying what they think we want to hear and then
doing what they want.
This looks good in front of the city people. It sounds like the gardeners are really trying
to be good neighbors.
We were told over a month ago that several items in the garden were going to be
removed.
The porta potty is still here, the chairs are still here, all the decorations, the fans, the
statues, the flags and the solar lights are still here.
WHY ARE THEY STILL HERE?
I'm spending about $1000 on my new window ( I'm doing the work myself)
Kathleen had some new windows put in her house last week and is spending several
hundred dollars more on window coverings trying to get some privacy back.
Margaret spent $2500 on the fence she didn't want.
Randy spent several hundred dollars on surveillance cameras.
We spent all this money because of the HBCG and the gardeners pay $100 to have their
fun. It Just doesn't seem fair!
Gary
From: Gary Tilbury[mailto:gary.tilbury@gmail.com]
Sent: Wednesday,July 27, 2011 3:56 PM
To: Dominguez, David; pam.thomas@sce.com; Emery, Paul; Laurie Rebd; ksaindon@msn.com;
devin.dwyer@srfcity-hb.org; dhansen@surfcity-hb.org; jcarchio@surfcity-hb.org; conn i e.board ma n@surfcity-
hb.org;joe.shaw@surfcity-hb.org; mathew.harper@surfcity-hb.org; kbohr@surfcity-hb.org
Subject: Rototilling in the HBCG
Dave,
There was another gardener rototilling in the HBCG today.
The homeowners have been told on several different occasions that there will not be
any more rototillers or ANY other power equipment allowed in the HBCG.
Why does it continue? The gardeners don't care what you tell them and they don't care
about Edison's rules they agreed to follow.
I actually had one of the gardeners come to my door last week to ask me if I minded
him using a rototiller in the garden.
I told him that I was told no equipment was allowed back there. I also said I don't make
the rules and I can't enforce the rules.
99
He was asking me because the gardeners know that I am the only one that does
anything about the violations. All I can do is report the violations that I see.
This morning I heard that gardener tell one of the HBCG board members he was going to
rent a rototiller.
About an hour later he returned with the rototiller, the board member was still in the
garden.
Doesn't it seem like the board member would have told him he wasn't allowed to use
the rototiller?
I'm sure nothing be done about this, just like all the other violations I have reported.
I'm sure you are tired of me complaining about the HBCG but you have no idea what a
nightmare this has been for me and my neighbors that are affected be this every day.
How much more of this do we have to take?
Gary
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Wednesday, July 27, 2011 4:20 PM
To: Laurie Rebd
Subject: Fwd: Weekend HBCG Update
---------- Forwarded message ----------
From: Dominguez, David <ddominguez@surfcity-hb.org>
Date: Wed, Jul 27, 2011 at 2:15 PM
Subject: RE: Weekend HBCG Update
To: Gary Tilbury<gary.tilbury@gmail.com>
Cc: "Emery, Paul" <pemerv@surfcity-hb.org>
Hello Gary—
I was not aware that the Mayor was out at the garden last week until he stopped in my office yesterday
afternoon. Nor was I aware the Councilman Dwyer was there as well until receiving your e-mail. I am usually
not made aware when council members will be visiting parks,the beach or other areas under Community
Services purview. Should you wish to speak with the Mayor or other council members,you may contact via e-
mail (addresses are available on the city's webpage)or you may contact the City Council Administrative Assistant
at (714) 536-5553.
100
The Mayor and Council are aware of the concerns that have been raised. As I indicated at our meeting, I
provided them with a summary of the issues and the steps we are in the process of making to mitigate impacts
as much as possible. On that note, HBCG has been given direction to remove certain items that SCE does not
want to have in the plots—not from an aesthetic aspect but for access purposes. SCE will allow fences around
the plots provided they are no more than 2' high and not metallic. The porta-potty'and trash bin should also be
out by the end of the month. SCE has asked that HBCG provide a sample garden that they will either accept or
ask for modifications. The goal is to have all plots as simple in design as possible and be limited gardening
activity only.
It is my understanding that a resident in your tract that has a plot in the garden requested approval to do some
roto-tilling next week but, indicated that both you and Kathleen were notified and ok with it. I gave my approval
after hearing this so, if is not the case please let me know.
This initial planting season has been a learning process for everyone and I am hoping that once all the plots have
been established there should be little of no noise related to construction or gardening activity. As much as I
appreciate the gardeners wanting to be able to spend time at the garden to reflect and/or socialize there has to
be some compromise in limiting use of the area for growing crops only.
I will re-iterate to HBCG your concerns about the loud voices and children in the garden.
Thanks,
vaar d'c' Dominguez
From: Gary Tilbury[mailto:gary.tilbury@gmail.com]
Sent: Wednesday,July 27, 2011 5:27 PM
To: ksaindon@msn.com; Emery, Paul; Laurie Rebd
Subject: Fwd: Rototilling in the HBCG
---------- Forwarded message ----------
From: Gary Tilbury<gary.tilbury@gmail.com>
Date: Wed, Jul 27, 2011 at 5:25 PM
Subject: Re: Rototilling in the HBCG
101
To: "Dominguez, David" <ddominguez@surfcity-hb.org>
Dave,
Last week he did ask for my permission to use the rototiller.
I told him that I was told rototillers weren't allowed and I couldn't give him permission
because I don't make or enforce the rules.
Why doesn't anyone follow the rules?
If I get permission from a couple of my neighbors to ride my dirt bike up and down the
street would the city let me do it?
Gary
On Wed, Jul 27, 2011 at 4:27 PM, Dominguez, David <ddomin uez surfcit -hb.or >
wrote:
Gary—
Can you confirm that you were not asked about one of your neighbors asking for permission to roto-till? If that
is not the case—please let me know.
Thanks
f9ad N e. 00YY9i"51 6Z
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Saturday, July 30, 2011 5:04 PM
To: Dominguez, David; pam.thomas@sce.com; Emery, Paul; dhansen@surfcity-hb.org;
connie.boardman@surfcity-hb.org;joe.shaw@surfcity-hb.org; kbohr@surfcity-hb.org; jcarchio@surfcity-hb.org;
ksaindon@msn.com; Laurie Rebd
Subject: Continued Problems With The HBCG
CAN ANYONE HELP US?
102
The homeowners were promised there would be no more
equipment in the HBCG.
The homeowners were promised we would be notified in advance if
any equipment was going to be operated in the HBCG.
It's Saturday morning and once again we have been woken up
because of the activities in the HBCG.
Today, with no notification, we have several "two stroke" weed
wackers running right in back of our homes.
I asked the gardeners why we weren't informed about the weed
abatement taking place today.
They said they told Dave Dominguez about it a week ago and
Annette Parsons knew about it too.
They have our phone numbers and e-mail addresses. Why weren't
we informed?
The homeowners were promised there would not be any more
rototillers in the HBCG.
On Thursday, with no notification, one of the gardeners was
rototilling his plot. He said he got permission from City Hall.
Thank you for your support! I I
called Edison this morning to ask for their advise. They said all I
could do is call the Police and see if they would do anything.
I'm sure you wish we would just go away stop complaining about
the HBCG all the time, but we can't, we live here.
Gary
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Sunday, July 31, 2011 9:40 AM
To: Laurie Rebd
Subject: Sorry!
103
Hi Laurie,
I wasn't home on Friday and didn't get your e-mail until Saturday. I
called you on your home phone and left a message.
I'm sorry, I guess I should have e-mailed you too. This Monday didn't
really work for us.
Lori has a huge transcript due on Wednesday and she is working on
that every spare minute she has.
She will probably be working on it Monday and Tuesday evening.
The presentation you produced is awesome! ! ! Hopefully that will
some results.
Yesterday when I was talking to the gardeners about the weed
abatement ( that we weren't informed about )
they told us they plan on weed abatement on the last Saturday of
every month. Dominguez knew about this too.
Edison used to take care of the weeds once or twice a year. Now it
will be done at least twelve times a year.
Why can't they do it during the week? Why on Saturday when all of
us are home?
So once again, we were promised that no more equipment would be
operated in the garden,
and now we are told that they will have weed wackers running
twelve days a year.
The gardeners also told me they are looking at another site. It's at
I rvy Park.
They said it was city owned land. I hope it's instead of this site not in
addition to.
I feel like I should go over there and warn the homeowners like Lori
and I did with you guys.
104
But I'm afraid if they are going to leave this site to go to that one I
don't want to stop them from doing that.
Yesterday was absolutely beautiful! The residents on Galbar Circle
had a choice...
either stay indoors with our doors and windows closed ( again )
because of the dust, noise and pollen being blow at our houses,
or leave home for the day to get away from the HBCG.
People that live inland come down here to enjoy the beautiful
weather we have.
We live here and we can't enjoy it because of the HBCG.
I called you because I wanted to talk to you about the banners we
talked about.
I think this is a good idea. I wanted your opinion on what the
banners should say and what the banners should be made of.
B.T.W. I talked to Pam several times this week, she told me the
gardeners were planning on the weed abatement.
She also said they knew they were supposed to let us know.
I called her yesterday to ask for her advice, she said I could call the
Police and see if they could do anything.
didn't call them because I'm sure they would come out and say "big
deal, they are only weed wackers"
The Police department doesn't know what we are going through and
it's not illegal to operate weed wackers.
Talk to you soon, Gary
105
From: Dominguez, David [mailto:ddominguez@surfcity-hb.org]
Sent: Tuesday,August 02, 2011 4:04 PM
To: Gary Tilbury; pam.thomas@sce.com; Emery, Paul; Hansen, Don; Boardman, Connie; Shaw, Joe;
mathew.harper@surfcity-hb.org; Bohr, Keith; Carchio, Joe; ksaindon@msn.com; Laurie Rebd
Subject: RE: HBCG Update
Gary—
Thank you for the e-mail. I was out at the garden this morning for 3 hours and didn't hear the door to the porta-
potty open or close while I was out there. I was also there when it was being serviced and didn't smell anything
—even while standing downwind away from the unit and the homes to the west. Regardless,SCE has issues
with the restroom and dumpster due to concerns for site access,so they will be removed. I agree that the
previous timelines to remove the items have slipped but, I have been working on trying to find another location
outside of the garden for the items but,without success. In discussions yesterday with SCE, they have
indicated that the drive gate to the garden will be locked solely with an SCE lock on Monday,8/15—so the items
will be removed no later than that date. Additionally,the patio chairs within the garden plots that were pointed
out as an issue will be out no later than 8/15 as well. The HBCG did direct gardeners to remove chairs(other
than single bench/storage boxes that SCE is allowing) by the end of July. For those remaining, HBCG will issue an
notice that any unauthorized chairs will be disposed of if they are not removed by 8/15.
Thanks again for your e-mail. Please feel free to give me a call should you wish to discuss any of the issues
above or other concerns.
vatdC. f9 ip5l u
David Dominguez I Facilities, Development&Concessions Manager
City of Huntington Beach I Community Services Department
Office:714.374.5309
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Tuesday,August 02, 2011 2:02 PM
To: Dominguez, David; pam.thomas@sce.com; Emery, Paul; Hansen, Don; Boardman, Connie; Shaw,Joe;
mathew.harper@surfcity-hb.org; Bohr, Keith; Carchio, Joe; ksaindon@msn.com; Laurie Rebd
Subject: HBCG Update
We were told in June that the porta-potty and the dumpster
would be removed from the HBCG.
I was told in July that they would be removed by the end of the
month.
The end of the month has come and gone and the porta-potty and
the dumpster are still here.
The porta-poty was serviced this morning. It does look like the
gardeners are planning on getting rid of it.
106
It wasn't specified which month they were going to be removed. Is
this another loop hole? 11
How would you like to have a porta-potty in your backyard?
The door is slamming shut all the time, not to mention the smell.
Edison was out here the other day and was very upset that NONE
of their requests have been met.
The gardeners don't care about the rules. They don't care what Dave
Dominguez tells them.
They don't care about the requirements they agreed to with Edison
and they definitely don't care about the homeowners that live here.
The gardeners don't deserve to be in our backyards.
Will someone please shut down this community garden and put an
end to our nightmare?
Gary
From: Gary Tilbury [mailto:gary.tilbury@gmail.com]
Sent: Tuesday,August 02, 2011 5:02 PM
To: Laurie Rebd
Subject: HBCG Isues
Hi Laurie,
I wasn't taking pictures and reporting everything I saw until Baronfeld said I was lying about
the violations.
When that happened I knew we had a problem. I didn't even know the rototillers weren't
allowed because there was so many people using them.
I had a suspicion that the HBCG had it's own rototiller because it seemed like I was seeing
the same one all the time and usually only one person was rototilling at a time.
I was told two weeks ago that was the case. They weren't supposed to be using rototillers
but they had one of their own. That makes sense.
Instead of getting it all done at once they just prolonged the agony.
Here are things I reported — keep in mind that I'm not home all the time. These are
things I actually saw myself.
107
We were told vehicles were allowed in the garden before 4/10, but only to unload ,
then the vehicles were supposed to leave the garden.
The gardeners brought their vehicles in and the vehicles stayed in the garden all day.
This was the first rule I saw being violated. ( Besides the hours changing )
After 4/10 no vehicles were allowed in the garden. The week following 4/101 saw at
least 10 vehicles back there. I under exaggerated this because I didn't have pictures for
proof.
There was unsupervised children playing in the garden, riding bikes and playing catch
in back of our houses.
5/03 Rototiller
5/15 Three people drinking beer
5/16 Gardener using snail poison
5/19 People in the garden at 9PM with flash lights
5/23 Rototiller
5/26 Newspaper article came out
5/27 Gardeners woke us up a little after 6AM yell " so, we have to be quieter back
here now"
5/27 Morning Edison (Pam) spoke to Dave Dominguez. Dave promised " no more
vehicles or rototillers"
5/27 Afternoon — A big truck with a load of fertilizer, a Bob Cat tractor and a
contractor operating a huge rototiller
5/28 Gardeners building inner plots.
5/29 Two-stroke rototiller
5/30 Memorial Day — Brick saw a Jeep and inner plot being built.
5/31 Met Pam for the first time. Saw that the gardeners had been digging up
Kathleen's tree ( still have not heard anything about this. Thanks Dave! )
5/31 Two trucks
6/3 Rototiller
6/4 Rototiller
6/5 Baronfeld using handicapped parking to remove his metal table and chairs ( a
month and a half after he was told to remove it )
6/7 Home Depot rental truck with a load of fertilizer
6/7 Rototiller
6/7 Inner plots being built
6/7 Children riding bicycles without helmets
6/14 Jackhammering
108
6/14 Gardeners with two dogs
Pam changed the lock on the gate ( not sure of the date but that put a stop to
_ the vehicles in the garden)
7/23 Gardeners burying metal lathe
7/27 Rototiller
7/30 Weed abatement without notification
I'm sending you a couple of pictures too
one is pre HBCG when it was so pretty and quiet
one is the tractor ripping out our Ecco system
And I took a picture today. This entire area in back of my house
and around the towers is supposed to be weed free ( exposed dirt )
They stopped weeding this area on Saturday when I started filming
them with a video camera.
They told us this was a beatification project. It's a lot of things, none of
which are beautiful.
Thank you so much, Is there anything else you need?
Gary
Before HBCG:
I
During:
109
j
photosAfter: (Also see
mew
110
A_
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r
i
Appendix 8
Notes from Kathleen's comments to City Council on May 16, 2011
t4://us.mg5.mail.yahoo.corn/dc/blank.html?bn=567&.intl=us&.tang—en-US
I...The whole project was done behind our backs,we didn't know about the project until the work
had begun.
All the surrounding neighborhoods were offered plots,by the time we"found out"about the
project all the plots were gone.
2...We are afraid the 14BCG is going to lower the value of our homes-I wouldn't buy a house here
with all this noise and dust.
If we would have known about the project we would have moved before it started.
3...The field is plowed without any notification.A tremendous amount of dust comes into our
homes on a regular basis.
Weed killer was sprayed on our fences without warning.Children and pets were in our
backyards during the spraying.
4...All the wildlife is gone.There was an Ecco system here.
The only animals here now are gophers
5...The garden is too close to our homes.The walking path is directly in back of our homes,our
backyards are only 20'deep
6...Bad information we have received;
(1)The garden would operate from 9-3.
(2)The heavy equipment will operate from 9-3(then said they can operate when ever they want
to and we can't do any thing about it because they are not breaking the law)
(3)The garden will operate from one hour after sunrise to one hour before sunset.
(4)Now it's one hour after sunrise to sunset.
David Dominguez told me they should be out by 7Pivl
7...Unsupervised children playing and riding bicycles in the garden while their parents are gardening.
Is it a garden or a park
8...Vehicles in the garden after 4/10
9...We were given a list of rules they were going to follow
When we complain about the rules being broken we are told we are being ridiculous and
unreasonable.
We were told the gardeners would come in,take care of their plot then leave.That is not what is
happening.
When we mention that the gardeners hang-out back there and have large groups of people at
their plots the response was"of course they do,It's not a factory where we punch a time clock."
Now they say the word community means a group of people coming together.This is not what
we were led to believe.
10...The President of the HBCG asked me for a fist of rules that were broken.
When I gave him a short list of some key issues he didn't say I was lying but said"THAT
NEVER HAPPENED AND MY STATEMENT WAS COMPLETELY FALSE"
11...Looks trashy;
There are red,brown,green and white chairs and benches at the plots.
1 of 2 5/17/2011 9:58 AM
111
http://us.mg5_maii.yahoo.com/de/blank.htrAil?bn=567&.intl--us&.fang--en-Us
In the plots there are gates,fences,arches,reflective wind fans,redwood lattice,statues and
solar lights,
12...When will the south end of the HBCG begin.The homeowners on that street,were not notified
about either phase.
Where will the entrance be for that phase?
2 of 5/17/2011 9:58 AM
112
Appendix 9
Copy of June 29th Meeting Notice to Residents
113
.. CITY OF �.-U-NT0 GT A :
2000 MAIN STREET CALIFORN4 A 92648
-COMMUNITYSERYICES DEPARTMENT
HUNflNGTON BEACH .
,Dear Resident
Re:Huntington Beacfi Community Garden—lnforrnation Meeting
The City of Huntington Beach will conduct an ,information meeting regarding`the
operation,of.the Camrrmunity'Garden located adjacent to your-neighborhood will beheld
omWednesday,June 29"'at 7:00 PM at Edison Community Center,'2137T Magnolia St,
{See reverse side,for garden and,meeting locations)'.
The:purpose of the" meeting is-to. answer,questions,regarding theF garden '60 ratio'.
including hours, policies and pr"ocedures and access. Cityataff, board is of tl,e
'HBCG and.representatiVes from Southern California Edison will be in attendarice: ,
Should you have,questions about,the meeting please contact the:City of Huntngton
`Beach_Community Sewices Department af,,{714}536-5434. Aaummary of the.,meetirig
""Will also be-posted on-the city,s.webpage-after'the meeting -
Thankyou
:David�O..D tninguez
Facili{ies,,Developinent:&Concessions Manager
Huntington Be2C Cor aMunity Garden-Community'ln#®rmatson �leet�ng
'Wednesday,June 29' 2011 7.'00 Phil `
Edi"son-Community Game'21377 Magnolia Ave
. r
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' .. - "?. `-],,.�. ..s.;.4� -•'`h- ,Fhb" 3 �'-�` � "<.t, } -
115
116
t
NOSpRt BEM.N•e4
?• 1948 � 2009�.4_
�,' ITY OF HUNTINGTONBEACH
City Council Interoffice C®mmuni ads®n
To: Honorable Mayor and City Council Memb r
From: Devin Dwyer, City Council Member
Date: December 15, 2009
Subject: CITY COUNCIL ITEM FOR THE DECEMBER 2 , 2009, CITY
COUNCIL MEETING— COMMUNITY GARDEN
STATEMENT OF ISSUE:
There is a need to review the issue of the city working with the Beach Community
Garden Association (BCGA) to create a 2.5-acre community garden on SCE property
on Atlanta at the Santa Ana River. If the City Council approves the project conceptually,
it would be helpful to send a letter of support to SCE to expedite its review and approval
process.
ANALYSIS:
A group of interested members of the public have come together to create the BCGA.
They have been working with city staff and me to designate a location. They have
formed a 501 (C) 3 nonprofit organization. They also have bylaws. Currently, they are
negotiating a Memorandum of Understanding (MOU) with the city. Concurrently, they
and staff are working with SCE to get a lease and approval for the city to enter into an
MOU with the organization. SCE does not normally allow third-party relationships on its
property. Staff will bring the MOU forward to the City Council for approval and address
outstanding issues such as who provides the water supply and meter, pays the water
bill, grades and preps the site, pays the annual lease fee to SCE, etc. At this point in
time, the city needs to decide if it approves the concept and is willing to send a support
letter from the Mayor to SCE.
RECOMMENDED ACTION:
Approve the concept of a community garden on SCE property at Atlanta and the Santa
Ana River. Direct the Mayor to send a letter on behalf of the City Council in support of a
community garden to SCE. Direct staff to negotiate a license agreement with SCE and
a Memorandum of Understanding with the Beach Community Gardens Association.
Then, return to City Council with the agreement, MOU, and any outstanding issues for
Council consideration and direction.
xc: Fred Wilson, City Administrator
Paul Emery, Deputy City Administrator
Bob Hall, Deputy City Administrator
Jim Engle, Director of Community Services
/c)- 2
Page 1 of 1
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Friday, December 18, 2009 7:49 AM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#3036 from the Government Outreach System has been assigned to Johanna
Stephenson.
Request type: Comment
Request area: City Council - Comment on an Agenda Item
Citizen name: Lynda Hernandez
Description: As a resident of Huntington Beach, I strongly support adding a community
garden to our city. It's my understanding that our city doesn't have one any
longer. It makes sense in many ways especially when part of the garden will be
donated to groups that.feed hungry people. I hope that the City Council will
work with Southern California Edison Co. to make this happen. It's a win-win
situation!
Expected Close Date: 12/21/2009
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are
not monitored and will be ignored.
o
Z_/97r_
12/21/2009
Page 1 of 1
Esparza, Fatty
From: Surf City Pipeline [no reply @user.govoutreach.com]
Sent: Sunday, December 20, 2009 9:25 AM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#3053 from the Government Outreach System has been assigned to Johanna
Stephenson.
Request type: Comment
Request area: City Council - Comment on an Agenda Item
Citizen name: Louann Murray
Description: Huntington Beach needs a community garden, especially in these tough
economic times. We haven't had one since Goldenwest College closed theirs. In
2009, 9 million families in the US grew a vegetable garden for the first time. It's
a growing trend as more people are concerned about food safety,transport of
food (which contributes to global warming), and rising food costs. Please
expedite the community garden for HB. Thanks.
Expected Close Date: 12/21/2009
Click here to access the request
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not monitored and will be ignored.
12/21/2009
Page 1 of 1
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Sunday, December 20, 2009 1:23 PM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#3054 from the Government Outreach System has been assigned to Johanna
Stephenson.
Request type: Comment
Request area: City Council - Comment on an Agenda Item
Citizen name: Vic Leipzig
Description: I strongly support establishing a community garden within Huntington Beach. I
thank the council members who have given their support to this effort and I urge
the Council tonight to give as much help as possible
Expected Close Date: 12/21/2009
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not monitored and will be ignored.
12/21/2009
Page 1 of 1
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Monday, December 21, 2009 10:10 AM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#3063 from the Government Outreach System has been assigned to Johanna
Stephenson.
Request type: Comment
Request area: City Council - Comment on an Agenda Item
Citizen name: Ursula Ng
Description: I would like to compliment Councilmember Dwyer for submitting the agenda
item at the 12/21/09 City Council Meeting regarding creating a community
garden on the SCE property. I am a 35-year HB residence and believe that a
community garden will provide a very positive environment to the city and its
residence by encouraging citizens to be involved in a project together: a project
that has been proven in numerous communities throughout the US that
beautifies the environment, provides healthy outdoor activities to families with
an educational focus for all ages, promotes healthful eating habits, combats
obesity and brings families and neighbors together. I urge the council to support
this very worthy endeavor and ensure that a community garden will be
established in our beloved city. Thank you very much for your consideration.
Expected Close Date: 12/22/2009
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not monitored and will be ignored.
12/21/2009
Page 1 of 1
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: uesday, December 22, 2009 10:34 M
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#3084 from the Government Outreach System has been assigned to Johanna
Stephenson.
Request type: Comment
Request area: City Council - Comment on an Agenda Item
Citizen name: Joanne Rasmussen
Description: Thank you so much for getting behind the community garden. It felt good to
know our city is doing it's best to help us. Have a great holiday/Christmas!
Joanne Rasmussen
Expected Close Date: 12/23/2009
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not monitored and will be ignored.
12/22/2009