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