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Item 8 - Lease Agreement with Poway Valley Community Garden Club AGENDA REPORT SUMMARY I TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency `, ` FROM: James L. Bowersox, City Manager/Executive Direr M THE COv. INITIATED BY: John D. Fitch, Assistant City Manager/Assistant Executive Directo re Penny Riley, Senior Management Analyse' DATE: May 23, 1995 SUBJECT: Lease Agreement with the Poway Valley Community Garden Club for the Community Garden on Redevelopment Agency Property Located at 13112 Vista View Drive, within the RS-1 Zone, APN: 323-261-31; and Appropriation of Funds ABSTRACT This report presents a request by the Poway Valley Community Garden Club to implement a Community Garden on Redevelopment Agency owned property at 13112 Vista View Drive in the Residential Single-Family 1 (RS-1) zone. Staff is recommending a start-up loan of Agency funds to supplement anticipated contributions of material and labor and approval of'the attached lease. It is estimated that there will be slightly more than 50 plots (measuring 10' x 15' ) on the 1 .01 gross acre site. Phase 1 will include 12 garden plots with a fenced expansion area. As the project matures, it is expected that there will be a demonstration composting project, gazebo, tool barn, culvert and earthen bridge crossings, and picnic benches. ENVIRONMENTAL REVIEW A Class 4 (which includes new gardening or landscape) categorical exemption from CEQA was filed for this project October 11 , 1994. FISCAL IMPACT The fiscal impact of this approval is the appropriation of $5,000 from the Redevelopment Agency CIP reserve funds. The Poway Valley Community Garden will repay the loan of $3,000 over a five year period. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Advertisement appeared in the News Chieftain on May 11 and May 18, 1995. A Notice of Hearing was mailed to eight surrounding property owners and a copy of the staff report was mailed to Jeffery Beers, President of the Poway Valley Community Garden Club. RECOMMENDATION It is recommended that the City Council/Redevelopment Agency: 1) Authorize the Executive Director to execute the attached Lease Agreement; 2) Appropriate $5,000 from the Redevelopment Agency CIP reserve funds; and 3) Adopt the attached benefit resolutions (1 City, 1 Agency) . ACTION Approved staff recomendation. Adopted Resolution No. 95-036 and R-95-04, 3-0. Councilmembers Callery and Rexford absent. V Yu - �, Marjdrik K. Wahlsten, City Clerk 1 of 25 `, • MAY.2 3 1995 ITEM 8 CITY OF P OWAY AGENDA REPORT TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency James L. Bowersox, City Manager/Executive Dkec<~ FROM: INITIATED BY: John D. Fitch, Assistant City Manager/Assistant Executive Dh'ector~--/f~' Penny Riley, Senior Management Analyst'~,C DATE: May 23, 1995 SUBJECT: Lease Agreement with the Poway Valley Community Garden Club for the Community Garden on Redevelopment Agency Property Located at 13112 Vista View Drive, within the RS-1 Zone, APN: 323-261-31; and Appropriation of Funds On August 17, 1994, the City of Poway received a request from Poway resident Jeffery Beers representing the Poway Valley Community Garden Club with interest to establish a Community Garden. Staff researched similar projects in surrounding jurisdictions and considered a number of properties before selecting the Vista View Drive site. Jeffery Beers has spoken with several of the adjacent property owners about the Community Garden project. He reports that most of the residents are generally supportive of the project. On September 12, 1994, the Redevelopment and Housing Advisory Committee voted [y to t the appropriation of funds and the concept plan for the Poway Community Garden. Additionally, October 11, 1994, the Poway City Council/Redevelopment Agency approved the Poway Community Garden and directed staff to bring back a report for the appropriation of funds. FI The proposed site for the Poway Community Garden, located at 13112 Vista View Drive, is zoned Residential Single Family 1 (RS-l). A d' by the Planning Services Department concludes that a community garden is a permitted use for residentially zoned property. 2 of 2s t~IAY 2 3 1995 ITEM Agenda Report - Commurzi_'ty Garden Lease _ May 23, 1995 Page 2 The site is located south of Poway Road, behind the Richardson Pontiac Auto Dealership. To the east and west, the site is bordered by residential dirt roads; however, the site would only be accessible by way of Vista View Road. Existing residential properties are located to the south and east of the site. The attached site plan (Attachment 1) shows a concept for the use of the property. It is estimated that there will be slightly more than 50 plots (measuring 10' x 15') on the 1.01 gross acre site. The applicant plans to phase the site imp The first phase will include development of a fenced area including 12 developed garden plots with room to expand to 18 garden plots within the fenced area. For security of the garden, the site will be enclosed with a brown epoxy chain link fence. As the project matures, it is expected that there will be a d composting project, gazebo, tool barn, culvert and earthen bridge crossings, and picnic benches. These amenities will be ~ through volunteer labor or community service projects, such as Eagle Scouts. Currently, the property is covered with the typical vegetation that exists on previously- disturbed vacant land. The property is in a flood plain and a tributary of Poway Creek runs diagonally through the property from the northeast coruer to the southwest corner. Staff proposes a pesticide-free garden to prevent introduction of pesticides into the water system. Additionally, gardeners will on site compost green waste generated by the project. This property has been the site of illegal dumping. The Redevelopment Agency has incurred cleanup costs to alleviate this problem and has considered fencing the site to provide added security. Development of the garden will visually enhance the area and eliminate on-going costs due to illegal dumping. Staff is ~ing loaning the necessary improvement costs, including soil amendments, fencing, and water line installation. It is estimated that initial project improvement costs will be less than $3,000 for the garden. The amount of the loan will be reduced by anticipated community donations of capital and materials. Staff is also ~ing the appropriation of $2,000 for additional fencing for the Agency to secure the site. Due to the need for significant community for this project to succeed, staff ~ed that the following two contingencies be placed on the release of funds: (a) Applicant must produce signed agreements for 50 percent of the garden plots; and (b) Applicant must d evidence of a financial plan sufficient to meet the anticipated Agency lease and operating expenses, including water and waste removal. The applicant has provided an acceptable financial plan for the effective management of the Poway Valley Community Garden and has obtained strong from seven people wishing to rent eight garden plots. Staff supports the concept of phasing the imp and believes that the project is viable as proposed by the applicant. I~IAY 2 a 1995 IT£M 8 3 of 25 Agenda Report - Community Garden Lease May 23, 1995 Page 3 Establishment of the Poway Community Garden would be beneficial for the residents of Poway. Community gardens have been highly successful in other local cities such as Carlsbad, Escondido, and San Diego. A five-year lease of the property has been negotiated and, over the course of that agreement, the final improvement costs will be paid back to the Agency (Attachment 2 ). For insurance purposes, a waiver program has b 3 for the project in which each participating gardener would sign an insurance waiver absolving the Agency from any responsibility in case of injury, loss, damage, liability, cost or expenses which might arise. The Poway Valley Community Garden Club will also be responsible for all water and utility costs. Estimated water costs for the Poway Community Garden are $3,000 per year when the project is fully developed; however, Phase I water costs are estimated at $500 per year. The terms of the proposed Lease contain the appropriate anti-d' clauses required by California Redevelopment Law and the Lease is in general compliance with the Redevelopment Plan and Amended Redevelopment Plan. The site is located within the Redevelopment Project Area. The Poway Community Garden project is of benefit to the project area in that it will provide an excellent interim use which will beautify otherwise vacant property and promotes community involvement for residents of all ages as well. As noted, this site has been the subject of illegal dumping, requiting cleanup by the Redevelopment Agency. This use will decrease the potential of illegal dumping on this site and the cost of cleanup to the Redevelopment Agency. California Civil Code Section 33433 (b) (2) requires an analysis of the fair reuse value of any site being sold or leased by the Redevelopment Agency. Based upon current market conditions and the development of this site, it is determined that these terms provide fair market return to the Redevelopment Agency. Additionally pursuant to Section 33433, a report on the proposed lease has been prepared (Attachment 3). The required al appeared in the News Chieftain on May 11 and May 18, 1995. A Class 4 (which includes new gardening or landscape) categorical exemption from CEQA was filed for this project October 11, 1994. 4 of 25 I~iAY 2 3 1995 ITEM 8 Agenda Report - Community Garden Lease - May 23, 1995 Page 4 The fiscal impact of this approval is the appropriation of $5,000 from the Redevelopment Agency CIP reserve funds. The Poway Valley Community Garden will repay the loan of $3,000 over a five year period. appeared in the News Chieftain on May 11 and May 18, 1995. A Notice of Hearing was mailed to eight surrounding property owners and a copy of the staff report was mailed to Jeffery Beers, President of the Poway Valley Community Garden Club. R It is ted that the City Council/Redevelopment Agency: 1) Authorize the Executive Director to execute the attached Lease Agreement; 2) Appropriate the sum of $5,000 from the Redevelopment Agency CIP reserve funds; and 3) Adopt the attached benefit resolutions (1 City, 1 Agency). Attachments: Attachment 1: Proposed Site Plan Attachment 2: Proposed Lease Agreement A 3: Section 33433 Report Attachment 4: Benefit Resolutions (1 City, 1 Agency) 5 of 25 lvlAY g 3 1995 ITEM 8 POWAY COMMUNITY GARDEN 13112 Vista View Dr. Poway CA 92064 7 of 25 Attachment z I~IAY ~ $ 1995 IT~:M 8 TABLE OF CONTENTS 1. DEFINITION OF TERMS ........ 1 2. ADMINISTRATION ........... 2 3. TERM .............. 2 4. RENT .......... 2 5. INSURANCE ........... 3 6. LATE PAYMENT ............... 4 7. USE .................. 4 8. OCCUPANCY ................... 5 9. ASSIGNMENT OR SUBLEASING ................... 5 I0. UTILITIES ................... 5 11. ACCEPTANCE AND MAINTENANCE ................. 5 12. ALTERATIONS .................. 6 13. CONDUCT ....................... 6 14. PETS ......................... 6 15. RIGHT OF INSPECTION ................. 7 16. INDEMNIFICATION ............ 7 17. NOTICES .................... 7 18. VACATION OF PREMISES .............. 7 19. NON-DISCRIMINATION .......... 8 20. HOLDING OVER ......... 9 21. SUPERSEDURE ................. 9 22. COSTS AND ATTORNEY'S FEES ............ 9 23. TERMINATION OF LEASE .............. 9 24. HAZARDOUS AND/OR CONTAMINATED SOIL AND MATERIAL . 10 25. SPECIAL PROVISIONS ...................... 10 26. AMERICANS WITH DISABILITIES ACT (ADA) .............. 11 8 of 25 I~IAY ~ ~ 1995 POWAY REDEVELOPMENT AGENCY LEASE AGREEMENT (VACANT LAND) THIS LEASE AGREEMENT, made and entered into this day of , 1994, by and between the Poway Redevelopment Agency, hereinafter called "Agency," and Poway Valley Community Garden, hereinafter called "Lessee," without reference to number or gender. WITNESSETH: That for and in consideration of the rentals, agreements, and conditions as hereinafter specifically set forth to be faithfully paid, kept, and performed by Lessee, Agency hereby rents and lets, and Lessee hereby takes p of, hires, rents, and accepts the Premises consisting of that certain vacant real property located at 13112 Vista View Drive, APN 323-261-31. All of said leased property is outlined on the plat marked Exhibit "A" attached hereto and by this reference incorporated herein. It is understood and agreed by and between the parties hereto as follows, to wit: 1. DEFINITION OF TERMS: The following words in this Lease Agreement shall have the significance attached to them in this clause unless otherwise apparent from their context. a. "Lease" means this Lease Agreement. b. "Premises" means the vacant real property delineated on Exhibit "A." 9 of 25 )vlAY g 3 1995 ITEM 8 c. "Lease Administrator" means the Poway Redevelopment Agency or, upon written notice to Lessee, such other person as shall be designated from time to time by Agency. d. "Date of C t" means the date indicated in Paragraph 1 of this Lease. 2. ADMINISTRATION. This Lease shall be administered on behalf of Agency by the Lease Administrator, whose address is: Poway Redevelopment Agency P.O. Box 789 Poway, CA g2074 and on behalf of Lessee by Poway Valley Community Garden, whose address is: c/o Jeffery Beers 13044 Bonita Vista Poway, CA g2064 3. TERM. The term of this Lease shall be five (5} years ~ and t ~ five years from the Date of C t of this Lease. 4. RENT. In consideration of the p and use of the Premises, Lessee shall deliver and pay rent to Agency during the term of this Lease in the amount of $ per year, in advance, on or before the 15th day of July. 2 I~IAY 23 1995 ITEM 8 10 of 25 The payments required under this Lease shall be made payable to the Poway Redevelopment Agency and ~ payment under this Lease when delivered to: oway Agency ccounts Receivable .0. Box 789 oway, CA 92074 5. INSURANCE. a. In lieu of ' the Lessee shall cause each gardener to sign a Community Garden waiver form prior to the of activity. Current waivers shall be filed with the Agency. b. Agency shall retain the right at any time to review the waiver program. If, in the opinion of the Lease Administrator, the waiver program in this Lease does not provide adequate protection for Agency and for members of the public using the Premises, Agency may require Lessee to obtain ' sufficient in coverage, form and amount to provide adequate protection from and against the kind and extent of risks which exist or are foreseeable at the time a change in is required. Agency req shall be reasonable, but shall be designed to assure protection from and against the kind and extent of risks which exist at the time a change in ' is required. The Lease Administrator shall notify Lessee in writing of changes in the requirements and, if Lessee does not deposit with Agency within sixty (60} days a receipt of such notice, a Certificate of Insurance for each policy or policies of ' incorporating such changes, this Lease shall be deemed in default without further notice to Lessee and may be forthwith terminated by the Lease Ad ~AY 23 1995 ITEM 8 ~' 11 of 25 c. The procuring of such required policy or policies of ' shall not be construed to limit Lessee's liability hereunder nor to fulfill the indemnification p and req of this Lease. Notwithstanding said policy or policies of ' Lessee shall be obligated for the full and total amount of any damage, injury or loss attributable to any act or omission of it or its agents, customers or guests in connection with this Lease or with use or occupancy of the Premises. Noncompliance by Lessee with all the provisions of this Clause is .grounds for the Lease Administrator's immediate termination of this Lease. 6. F. In the event Lessee for any reason whatsoever fails to remit to Agency the rent due within five (5) days after the due date, Lessee shall be deemed delinquent in payment of contract rent and shall become liable to pay the rent due, together with an additional five percent (5%) of rent due or $25, whichever is higher. If said delinquency exists for more than five (5) days after the due date, Lessee shall, in addition to the above terms, become liable for, and shall pay to Agency an additional five percent (5%) of the contract rent for each fifteen {15) days, or fraction thereof, that said delinquency exists beyond the five {5) days after said due date. All delinquency payments are compensation to Agency for loss of revenue and additional expenses resulting from such delinquency. In the event of a dispute as to the correct amount, Agency shall accept the sum tendered without prejudice, and if a deficiency is determined, said penalty shall apply only to said deficiency. 7. USE. Lessee's use of Premises shall conform to all applicable g 1 codes and regulations. It is mutually agreed that Lessee's use of the Premises shall be limited to a community garden. 4 r lAY 2 3 1995 ITEM 12 of 25 Lessee shall not use, or permit the use of, the Premises other than as described above. Noncompliance by Lessee with all the provisions of this Clause is grounds for the Leese Administrator's immediate termination of this Lease. In any case where Lessee is, or should reasonably be, in doubt as to the of any particular use, Lessee may request, and will not be in breach or default if Lessee abides by, the written determination of the Lease Administrator that such use is or is not permitted. 8. OCCUPANCY. The Premises shall be occupied by none other than those persons listed above and referred to as "Lessee" without written consent of the Lease Administrator having been first obtained. Noncompliance by Lessee with all the provisions of this Clause is grounds for the Lease Administrator's immediate termination of this Lease. 9. OR I Lessee shall not sublease the Premises or assign this Lease without written consent of the Lease Administrator. Noncompliance by Lessee with all the p of this Clause is grounds for the Lease Admint . immediate termination of this Lease. 10. UTILITIES. Lessee agrees to provide and pay for all utilities and services necessary for the occupancy and use of the Premises, including, but not limited to gas, water, electricity, trash, sewage charges or septic and telephone. NANCl. Lessee hereby acknowledges that Lessee has inspected the Premises, that Lessee accepts said Premises "as is" and "where is," that the Premises are in a good and sanitary order, condition, and repair, and hereby accepts them as such. IN THE EVENT LESSEE FAILS TO PROPERLY MAINTAIN THE PREMISES AS REQUIRED BY AGENCY, THEN AGENCY MAY NOTIFY LESSEE IN WRITING OF SAID FAILURE. IN THE EVENT LESSEE FAILS TO PERFORM SAID FLAINTENANCE WITHIN THIRTY (30) DAYS AFTER SUCH NOTICE BY AGENCY, AGENCY MAY PERFORM SUCH MAINTENANCE, AND THE COST THEREOF INCLUDING, BUT NOT LIMITED TO, THE COST OF LABOR, 5 1995 ITEiVI 8 13 of 25 MATERIAL, AND EQUIPMENT, SHALL BE PAID BY LESSEE TO AGENCY WITHIN TEN (10) DAYS FROM RECEIPT BY LESSEE OF A COST STATEMENT FROM AGENCY. NONCOMPLIANCE BY LESSEE WITH ALL THE PROVISIONS OF THIS CLAUSE IS GROUNDS FOR THE LEASE AOHINISTRATOR'S INMEOIATE TE~INATION OF THIS LEASE. 12. ALTERATIONS. Lessee shall not construct any improvements to, alter, cut, add to, or otherwise change the appearance, or condition of Premises without the prior written consent of the Lease Administrator and obtaining applicable permits. Upon termination of this Lease, for any reason, Agency shall retain the right to have Lessee remove any and all Lessee ~ improvements or alterations and require Lessee to return the premises to its before lease condition. Noncompliance by Lessee with all the p of this Clause is grounds for the Lease Administrator's immediate termination of this Lease. 13. CONDUCT. Lessee and guests of Lessee shall at all times conduct themselves in a quiet and dignified manner so as to cause no or to neighbors of Lessee and shall not violate, or permit the violation of, any City or County ordinance or state or federal law in or about the Premises. Noncompliance by Lessee with all the p of this Clause is grounds for the Lease Ad immediate termination of this Lease. 14. PETS. No pets or livestock of any kind or character whatever may be kept on said Premises without the prior written consent of the Lease . Administrator. 15. RIGHT OF INSPECTION. Agency reserves the right for its agents or employees to enter upon and inspect the Premises at any reasonable time to ascertain if the p of this Lease are being complied with by Lessee. 16. INDEMNIFICATION. Lessee shall defend, indemnify, and save harmless Agency, its officers, agents, and employees from and against any and all claims, demands, and liabilities for loss of any kind or nature, to 6 ~AY ~ 3 1995 ITEM 8 " 14 of 25 include damages arising from failure to comply with local, state, or federal statute, which Agency, its officers, agents, or may sustain or incur or which may be imposed upon them or any of them as a result of, arising out of, or in any manner connected with this Agreement or with the occupancy and use of the Premises by Lessee, its visitors, or any other persons whatsoever. Lessee further agrees to pay any and all costs and expenses, including, but not limited to, court costs and reasonable attorney's fees incurred by Agency on account of any such claims, demands, or liabilities. 17. NOTICES. Any notice or notices required or permitted to be given by this Lease may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the addressee. Notices served by mail shall be addressed to Lessee and to Agency and/or Lease Administrator at the address stated in Clause 2 {ADMINISTRATION} contained herein, or as Agency or Lessee may hereinafter designate by written notice to the other. 18. VACATION OF PREMISES. Upon of this Lease for any reason whatsoever, Lessee shall peaceably vacate and deliver the Premises to Agency in the same condition as Lessee enjoyed upon its acceptance of the Premises hereunder, ordinary wear and tear and acts of God excepted. Upon such termination, Lessee shall: {1) arrange and pay for the disconnection of all utilities and services ordered by Lessee; provide a written statement to the Lease Ad of Lessee's new address for purpose of refunding monies, if any, due Lessee under this Lease; and (3) deliver the keys for the Premises to the Ad or send said keys by certified mail to the address stated in Clause {ADMINISTRATION} contained herein. 19. NON-DISCRIMINATION. Lessee herein covenants by and for itself, its and assigns, and all persons claiming under or through it, that this Lease is made and accepted upon and subject to the condition that there shall be no d' against or segregation of any person or group of persons, on account of physical or mental 7 is of 25 I~lAY 28 1995 IT~.~I 8 disabilities, race, color, creed, religion, sex, marital status, national origin or ancestry in the use, tenure or of the leased premises nor shall Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of d' or segregation with reference-to the selection, location, number, use or occupancy of tenants or vendees in the leased premises. 20. Any holding over for any cause after the of said term shall be construed to be a tenancy from month to month at the rental rates and on the terms and conditions herein specified insofar as they are applicable. "Holding Over" includes, but is not limited to, time employed by Lessee in removing all his personal property following the termination of this Lease, if such removal is authorized by the Lease Administrator. It is further agreed that effective the day following the expiration of this Lease, the Lease Ad , at his sole d' may require a higher rental rate to be paid to Agency for continued p and use of the Premises. The Lease Administrator will notify Lessee of any increase in rent at least thirty {30) calendar days in advance of any rental Said notice of increased rent will be sent in accordance with Clause 17 {NOTICES) contained herein. 21. SUPERSEDURE. This Lease, upon becoming effective, shall supersede any leases or rental agreements heretofore made or issued for the Premises between Agency and Lessee. 22. Y'S FEES. In the event legal action is brought to enforce the terms of or to declare a t of this Lease for reason of breach thereof, the ful party shall pay all costs of such action together with reasonable attorney's fees, in an amount to be fixed by the court, incurred by the successful party. 16 of 25 )vlAY 2 3 1995 ITEM 8 23. . Agency and Lessee shall have the right to this Lease by first giving ninety {go) days prior written notice to the other. Lease Ad shall have the right to immediately terminate this Lease by first giving seven (7) days prior written notice to Lessee for: a. Lessee's failure to comply with the following clauses in this Lease: Insurance se ccu ancy ssi nment or Subleasing cce tance and Maintenance 1 onduct merican with Disabilities Act b. If it is determined by the Agency that the Premises is being used for an improper or unlawful purpose. _ 24. Lessee will not place or permit to be placed materials and/or ~ soils on the premises which under federal, state, or local law, statute, ordinance, or regulations require special handling in collection, storage, treatment, and/or disposal. Lessee also hereby covenants and agrees that, if at any time it is determined there are materials and/or ~ soils located on the premises which under any 1 requirement require special handling in collection, storage, treatment, or disposal, Lessee shall within thirty {30) days, after written notice thereof, commence to take or cause to be taken and thereafter diligently complete or cause to be completed, at Lessee's sole expense, such actions as may be to comply with 1 req 25. SPEC iNS. Lessee and Agency agree that in the event there is any conflict between the following special p and any other p of this Lease, whether heretofore or hereinafter set forth, the following special p shall govern: 9 ~AY231995 ITEM 8 17 of 25 a. Lessee hereby acknowledges that Lessee waives all rights to any form of relocation assistance provided for by local, state, or federal law that Lessee may be entitled to by reason of this Lease. b. Lessee agrees to fence the premises with chain link fencing with a minimum height of six (6) feet. c. Lessee agrees to install a water meter and water distribution system at Lessee's own expense. d. Pedestrian and vehicular access will be off Vista View Drive. The gate is to only be used by those utilizing the garden area and shall be locked upon exiting the site. 26. ). It is the duty of the lessee while operating under this lease to comply with all local, state, and federal laws, including, but not limited to, the Americans with Disabilities Act. FAILURE TO COMPLY WITH A PROVISION OF LOCAL, STATE, OR FEDERAL LAW IS GROUNDS FOR THE LEASE ADMINISTRATOR'S IMMEDIATE TERMINATION OF THIS LEASE. POWAY REDEVELOPMENT AGENCY Dated: By: retary POWAY VALLEY COMMUNITY GARDEN Dated: LESSEE: pvdgl.agr 10 I~lAY 2 2 1995 ~'J'E~ 8 18 of 25 0 T ON T E OPOSED EA E OF REAL P T BY T P RED EL PMENT AGENCY P '~ TO IT THE POWAY ~ Y COMM NI GARDE* CL B This report has been prepared in compliance with Section 33433 of the California Redevelopment Law (Health and Safety Code Section 33000 et seq.) which provides in part: Befor any property of the Agency acquired in whole or in part, direc ly or indirectly, with tax moneys is sold or leased for evelopment pursuant to the redevelopment plan, such sale or lea e s all first be approved by the legislative body after public ear ng. Notice of the time and place of the hearing shall be publ she in a newspaper of general circulation in the community for at eas two weeks prior to the hearing. The Agency shall make available for public and copyin at a cost not to exceed the cost of duplication: (a) copy of the proposed sale or lease; (b) summary which describes and specifies: 1) The cost of the agreement to the Agency, including land acquis tion costs, clearance costs, relocation costs, the costs of any improvements to be provided by the Agency, plus the expected interest on any loans or bonds to finance the ag (2 The estimated value of the interest to be conveyed or leased, etermined at the highest uses permitted under the plan; and - (3 The purchase price or sum of the lease payments which the lessor w 11 be required to make during the term of the lease. If the sale price r total rental amoun is less than the fair market -alue of the in erest to be conveye or leased, determined at the ighest and bes use consistent wit the redevelopment plan, then hat Agency sha 1 provide as part o the summary an explanation of he reasons for the difference. A. SUMMARY OF THE REDEVELOPMENT PARTICIPATION The proposed Lease ("Lease") between the Poway Redevelopment Agency ("A ency") and the Poway Valley Community Garden Club ("Garden"), provides for the 1 ase of approximat ly 1.01 acres of Redevelopment Agency owned property on a por ion of the Proje Area (hereinafter referred to as the "Site"). The site is ocated at 13112 ista View Drive, and is located directly south of the Richardson Pontiac Au o Dealership. The proposed Lease contemplates that the Agency will lease the site to the Poway Valley Community Garden Club in exchange for yearly lease payments as fully described in the proposed Lease. A draft copy of the proposed Lease is on file in the Office of the City Clerk for review and inspection. ~IAY 2 3 1995 ITEM 8 19 of 25 3 Poway Valley Community Garden - Summary Report Council Meeting of May 23, 1995 Page 2 B. FINANCIAL SUHHARY 1. Cost of the S~ Under the Lease, the Agency will be required to incur the following estimated costs: a. and Acquisition Costs $ O* b. learance Costs 0 c. elocation Costs 0 d. mprovement Costs 5000** e. nterest Costs 0 TOTAL $ 5000 * This site was purchased by the Redevelopment Agency as part of the land for an automobile dealership. Due to the RS-1 zoning of this site, this site provided no benefit to an auto dealer and has been reta ned by the Redevelopment Agency, a purpose unrelated to this lease. The Agency id not incur any land costs in contemplation of this lease, nor will he Agency incur any costs on this site during the term of this lease resulting rom the terms of this Lease. ** A portion of the $5000 above represents a loan to Poway Valley Community Garden Club and will be repaid to the Redevelopment Agency. The above costs are estimates only and may be exceeded or diminished by an undetermined amount as a result of actual costs of acquisition, clearance, administration and financing costs. 2. trket Value of the Site he Agency has determined that the hi hest and best use of the Site under the edevelopment Plan is for residential rposes, The site is zoned RS-1 and is ocated behind Richardson Pontiac. ne property is in a flood plain and a ributary of Pow~y Creek runs diagona ly through the property. Although this site could provide parking and storage for Richardson Pontiac, such uses are precluded by RS-1 zoning. Accordingly, the appropriate use for this site would be for the development of a single family dwelling unit. Such a development is J by the location of Richardson Pontiac to the north and the tributary of Poway Creek and the property location within a flood plain. Development of this site would require an engineering study to determine the height of the flood plain and would likely require importation of fill or a raised foundation to remove the development from within the flood plain. At the same time, development would be prec' 'ed along the Poway Creek tributary unless the tributary was reoriented within ._ site. As the tributary runs diagonally across the property, this would signi cantlyreducethedevelopment of the site. A1 ly, of the channel would require significant improvements and cost. 20 of 25 t~IAY 2 3 1995 )~?-~ 8 Poway Valley Community Garden - Summary Report - Council Meeting of May 23, 1995 Page 3 Consideration of the adjacent neighborhood to this site and the constraints on development as noted, the fair market value of the Site during the term of the lease is $1 per year. The estimated value of the Site, determined at its highest use permitted under the Redevelopment Plan, is also $1 per year during the term of the lease. 3. Consideration for the Site The lease payments to be received by the Agency for the Site is valued at an amount equal to the fair market value of this Site. 4. The terms of the proposed lease are with the Redevelopment Plan and the Amended Redev lopment Plan for the Pa uay Redevelopment Project Area. Section 400 of the mended Redevelopment Plan rovides, in part, that "the goals and objectives of t e Redevelop ent P1 n are o mitigate or eliminate blighting onditions within he Project rea t rough he efforts of the Redevelopment gency in cooperation with the Ci y of oway, private property owners and private evelopers." Impl of his edevelopment Plan is intended to achieve he following specific goals: · The elimination of 1 def' and visual blight, specially long Poway Road. · he acquis tion and development of new parks and acilities o meet General Plan requirements. · rovision o needed improvements to the community's educational, cultural, residential and other community facilities to better serve the Project Area. Section 500 of theAmende Redevelopment Plan provides, in part, that "the Agency proposes to eliminate an prevent the of conditions of blight, and to strengthen the econom c base of the Project Area and the Community through:" Section 500 continues wi h specific Agency actions, including: · Devel pment or redevelopment of land by private enterprise or public genc e for urposes and uses consistent with the objectives of his e evelo ment Plan. · ssis he Ci y in the implementation of the General Plan. · isposi ion o property, including the lease or sale of land at the value determined by the Agency for reuse in accordance with this Redevelopment Plan. The actions by the Redevelopment Agency in entering into this proposed lease will, therefore, assist efforts by the Redevelopment Agency and the City in the el' of blight within the Project Area and the City of Poway. 21 of 25 ~lAY~3 1995 ITEM 8 NO. 95- A OF THE CITY COUNCIL OF THE CITY OF POWAY, THAT THE POWAY GARDEN PROJECT IS OF BENEFIT TO THE PAGUAY PROJECT the Poway Agency is to carry out the of the Poway Project Area; and the Poway 0~ent Agency a study to identify the public and' within the Project Area and the and has that are , and the Poway .pment Plan the of and imp to Parks and and the P way y Garden project is a public - . located with n the Pa~uay Project and the of are y for the of the Pro ect under the of the Law (Health and Safety Code, Section 33000 et. seq.) and to the Plan for the Project which was adopted on 13, 1983, by No. 117 of the City Council and as amended on June 15, 1993, by No. 415 of the City and Section 33445 of the Health and Safety code the Agency to that the project is of benefit to the Paguay .pment P~oject and that no other means of are to the to the project. NOW, IT IS that the City Council of the City of Poway does hereby as Section 1. The City Council hereby that the Poway Garden project is of benefit to the Paguay Redevelopment Project and the . , as it will expand the and to the Section 2. The City Council further that no other means of ~ this project are to the y. Section 3. The City Clerk shall certify to the of this No. 95- Page 2 PASSED, ADOPTED AND by the City Council of the City of Poway, Cal' at a regular meeting thereof this xx day of May, 1995. Don Mayor ATTEST: K. City Clerk STATE OF ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. City Clerk of the City of Poway, do hereby certify the . No. 95- was duly adopted by the at a meeting of said Agency on the xx day of May, 1995 and that it was so adopted by the following vote: AYES: NOES: ABSENT: Marjor~ K. city Clerk city of Poway bene. C NO. R-95- A OF THE POWAY AGENCY THAT THE POWAY GARDEN PROJECT IS OF BENEFIT TO THE PAGUAY PROJECT the Poway pment Agency is to carry out the redevelopment of the Poway Project Area; and the Poway Agency a study to the public and ' within the Pro~ect Area and the and has that are , and the Po~ay Plan the of and to Parks and and the P way y Garden project is a public progra located with n the Pa.guay Project and the of are for the of the Pro ect under the ~ of the y Law (Health and Safety Code, Section 33000 et. seq.) and to the Plan for the Project which was adopted on 13, 1983, by No. 117 of the City Council and as amended on June 15, 1993, by No. 415 of the City and Section 33445 of the Health and Safety code the Agency to that the project is of benefit to the Paguay pment Project and that no other means of are to the to the NOW, IT IS that the Poway Agency hereby resolves as follows: 1. The Poway ~pment Agency hereby that the Poway y Garden project is of benefit to the Paguay Project and the , as it will expand the and · to the Section 2. The Poway Agency further that no other means of this project are · to the Section 3. The f shall certify to the of this 24 of 25 ~'~iAY ~ 2 1995 |'J'~ 8 No. R-93- Page 2 PASSED, AND by the of Poway Agency at a regular meeting thereof this xx day of May, 1995. Don Higginson, ATTEST: Marjorie K. y STATE OF ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. y of the Poway pment Agency, do hereby certify the foregoing No. R-95- was duly adopted by the at a of said Agency on the xx day of May, 1995 and that it was so adopted by the vote: AYES: NOES: ABSENT: Pow~y Agency bene. R 25 of 25