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Home My WebLink About0342.095• { . ---- . ~-. City of Palo Alto City Manager's Report 1'0: HONORABLE CITY Cot.'NClL FROM: CITY MANAGER DEPARTMENT: Community Services AGENDA DAn. luly 11,1995 CMR:342:95 SUBJECT: Park Improvement Ordinance for .. En !repr.neurial HCIDI.1eu GardeR Project in EI Camino Park RF,QL1Jsr Staff requests Council approval of a Park Improvement Ordinance to anow foe: an eutrepreneuriaI bomeles:< garden project in El Camino Park, and construction of. fence and tool shed on I 5400 square foo( plot. REffiMMENDATIONS The Planning Coounlssion, ArchileCturaI Review Board (ARB), and staff recommend that the City Council: ). Approve the attached Park lmproVClllOllI Orefinance (Attachment 8-1); and 2. Approve the Subl .... Agreement between Ibe City of Palo Alto and the Urban M"misrzy of Palo Alto (Attachment C). POLICY OOLICA TIONS A porky theme which continuously emerged from the Council-appointed Aggressive Panhandling Task Force meetings held last Fall. was the lack of opportunities foe: the homeless population in the Palo AIIo area. This pro~ if implemented, will provide an aMiliooaI CCOilO!Ilk: and aesthetic positive resource to assist this popnla6on in increasing its seIf-sufficic:ncy. Cmrendy, the majori.ty of this popuWion spends I great <kal of time in this 8eograpbic&l area due 10 the fact that the Morning Program openled by UMP A is offered behind the Red Cross building, which i; approximately fifty yards south of the proposed garden site. Existin& policy from the Compreheusive Plan, wruck relates to the project includes the fOllowing: Program Tell: Encourase privately-sponsored community acliviti<:s in parl<s. Polley FOU1: Provide I variety of activities in open space areas by responding to Needs of. Cli-/erse population. 11 " :, -~~;,:~>.(>--~'f· " :--. : .. : . EXECUTIVE StjMMAltX . This proJec:l. if approved" will establish • 1empooil)' entrepreneurial homeless garden proje<:t UDder I snblease agteemeIlt betweca 1be City and the Urban Ministry of Palo Alto (UMPA" UMP A. wi!!. pro,ide I coo!raCt manager to over.;« clients in culth'ating produ« for resale. It is enllisiolled that clients will wort in the gardeD and be paid. stipend from funds raised by the Another Way Campaign, & City/downtown ~chant collaboration thai has raised II10R dian $28,()()() to c!ale. Vegetables grown in the garden would be sold to local produce stores and YJOO<XY 1Jl8rl<ets. Excess produce would be made "wahle for 1lIe homeless m«I programs. Funds deri~ from this project would be used for project improv=ents and worker stipends. Prolest Pmript;OIl This projed consists of the following steps: I) Provision of I metered waler utilily hookup with a backflow prevention de~ 10 serve an area in EI Camino Park no( 10 exceed 5400 square feet in dimension; 2} Pcnn.~ Ihe conlrac1or (UMP A) 10 consln.'CIl redwood ~ SIl1TOU:,ding the garden plo<; 3) Pennil the contractor 10 build. small I0OI shed 10 store gm-den tools; .f) Pennit the contractor 10 CI"..ate I series of garden plots. ublizing bie-intensive gardening procedures; S} Enter into a sublease Agreement with UMP A and the Stanford Land Management Company nO!lo exceed se, .... years in length and renewable annually. (See Attachment. C) Project BeJJe(rtJ Anticipated occrued benefits of the Garden Project. io<;lnde the following: I) Provision of opportunitiel; for people who are homeless, or al risk of homelessness, 10 wort in the garden and =eive stipends which may assist in their economic self- sufficiency; 2) Development of an entrepreneurial opportunity IiI UMPA 10 mad;et and sen the produce goWl! by the Project. yielding funds 10 reinvest back into \he enterprise, thereby providing • business learning opportunity for lIMP A.'s clienl base; 3) Beautifying the impact<-<I area. which is currently a tield of weeds; oJ) Provide an opportunity b some olthe homeless populntion 10 Ie .... I trade (gardening); and, S} Allow the client population 10 make I contribution. ARB and PLANNING COMMISSION ACTION At the PIaoni!ig Commission meeting of June 14, Ihe Commission unanimously appro~ the proposed project with two additions: ..... 1014 .. • --- • ~ .' :':: . . .~-: .. ' I) De!ennine that the fence as cocstructed would provide visibility into the garden for obscMItion pu!llOSCs SO the public could view Ibe garden, and 2) Provide In outdooc: b.tl>room colll!llOde f(X the wodm 10 ""'. (Sec Alta.ohment D for minutes of meeting) While staff agrees with the first Planning Commissioo recommendation and will require UMP A 10 cons1roct t redwood fente with slats 10 allow for viewing, >taf!' does no( «>t>CUS with the second rec.()lIllllel!da!ion to install a portabk toilet at the proposed gardening site. k is staff. Wow Iba! the pct'Iable !oiIet curm>tly located approximately SO yards south of the project site behind !he Red Cross building is tdequate 10 satisfy those needs. At the All.B meeting of 1u1y 6, !he Soard lll\lIllimou>iy approved the proposed projM U submitted. F..nher details of the p<oject can be found in the Planning Commission staff repoct dated June 14,1995. FISCAL IMPACT The City will expend a one-time only .1IIrt-llP funds in establisbing a W1IIer service at the Gardell site, whlch is estimated at approximately $3,100. The provision of gudening implements will also be a one-time expenditure al an estirnated rost of 5250. An ongoing expenditure will be !he waler supply, .stirn.ted by our City Senior IWlger 10 be approximately $2,000. AU'ACHMENTSIEXHIIS Attachmellt k Planning Commi.sioo Staff Report dated June 14, 1995 Attacbment B-1: . Park Improvement Ordinan« Attachmellt B-3: Letter 10 MacArthur Park Restamant Attachmellt B-4: Letter to American Red Cross .... ttazhmellt S-,: Utter oflnlent Attachment C: Sub-Lease Agreement Between UMP A and Citl of Palo Alto Attacbment D: . Exceq>( Planning O:lmmission Minutes of 7/1419S Prepared by: David F. Martin. Adminislralor. Omce of Human Servkes Department Head Re\-iew: CPa-uf ~~ PAUL TBILTGEN Directo< oe Community Services PqeJof4 .'~ .. ,,,~-., City ~er ApproVBl: Copies W!\bout Attacluncnrs: At<:hilectural Review Board Planning Commisoon American Red ('-ross. Palo Alto Chapter MaeArlhur Park Rtstatllllll! Hun'wt Itolations Commission CootIesy Copi«: Stanfoc" Land Manl\(lement Company Urban MiniSfJy of Palo Alto CMIUa," ... or « • .. ~ ~ ~~.i:. J~:~,,-- ATTACHMENT A o PLAMHNG COl\fll.DSSION TO: PLANNING COMMISSION ARCHITECTURAL REVIEW BOARD FROM: David Marlin. Administrator, Human Services AGENDA DATE: Ju:>e 14, 1995 .... DEPARTMENT: Community Sen'ices SU1!JECT: Planning: Commission and Arcbitectural Revie .. Board (ARB) recommendation 10 City Council on a Pl'Gposed park imPl'ovement 10 allow Cor an enlrePl'fnfurW homeJe.-s garden Pl'oject in El Camino Park, as .. eO as COIISlrn<.1ioo or a fence, tool sbed, and placement or an irrigation system 00 • S400 square (00( plot, B&;QMME.~AnoN Staff recommends that the I'lanning CommIssion recommend Illat the City C<Juocil approve die attached subject park improvement (sec Attacbment One), and construction of a fence and other minor imp<OVCIDents surrounding the Garden P\ot. BACKGROUND The development or. homeless garden project ... -as first brought 10 the City's attention last year wben Tom Pirkle of the Urban Ministry (UMP A) asked the City's Adroinistra!or of Human Services for guidance in developing Illis project. This project, titled • Y..,1d of Dreams' by L'MP A's clientele, has engendered City staff supporl whlch has included many departmenrs including Ull1ities, Public Works, the Community Services' Human Services and Parks !Ie Golf Divisions, the Real Estate Division of the Ymance Department. the Planning Division and the City Manager's Office, . ">. ~ \ ; ,:' • ," V{: . 'i 's. .. ' 6-14-95 Paget ." . 5 . , '';'';':'-''-''. ". -. Andcipale<! acc ... .led benefits of the "Field Of Dreams" project include L'lc: followlng: I) Provision 0( opporIWlitics for people wbo are botoeless 0( at risk of homclessness \0 won ill the gardeu and receive stipends which rna) assist in their ecooomlc self-sufficiency; 2} Development 0( an entrepreneolrlal cpportunity for UMPA \0 I!14rket and sen die produce creole<! by the Project. yielding funds !O re-invest back into the enterprise. and provide a business learning opportunity for UMPA'. client base; 3) Beautifying Ibe impacled area which currelllly is a field 0( weeds; and, 4) Offering a spiritual and SOOIhing activity for the bomeless population. which by die very nature of their day-to-day struggle. inherently create< a great amount 0( stress_ Proiect Pescrjptioo This report addresses the proposal !O estabflsh a temporary entrepreneurial bomeless garden project m!der a sublease agreement between ~':te City and UMP A. UMP A will provide a contract manager 10 OVersee clients in CUltiv3ting produce for re-sale. )t is envisioned that the clients woold work in the garden and would be paid. stipend from funds raised by the Ano!her Way Campaign •• City/downtown merchant collaboration whieh has raised over $~7.000 10 dale. Vegetables grOWIl in the Garden woold be sold 10 local produce .\Ores and grocery markets. Excess produce .... o<Jd be made avallable for the bomeless meal programs. Funds derived from !his projecl woold be used foe project improvements and wo<ker stipends. The Project consists 0( the IDllowing physical developments: I) Provision of • metered water utility book-up with bacld10w prevention device !O all area in EI Camino Park DOt !O exceed 5,400 square feet in dimension; 2) Permit the ContraclOC (UMP A) !O construct a fence surrouoomg the garden plo< (see A!!a<:hment Two); 3) Permit the contracklC 10 build. small I0OI sbed 10 store gar.1en implemeDts (see Attachment Two); .';"'-.", . ;: . 6-14-95 Page 2 " .( " ... ~. " '-:.,-- o 4) Permit the oootraclOr 10 create a series 0( garden plots utilizing the bie> intensiv~ gardening procedures (see Attaehmenl Two); ';: ... S) Enter into • sub1ea.sc AgrcemenI with UMP A and the Scanford lAnd Managemellt Company not 10 exCCC<! seven (7) years in Ieng'Jl and renewable on r.n annual basis. PROJECT INFORMATION The City 0( Palo Alto and UMP A bave lIeld nwneroos diS4.-uss1oos regarding methods of prov1<rmg fruitful activities for homeless clients. In attempting 10 provide positive a1ternatlves 10 panhandling, anti-social activities and !be clients' lack of financial resources, the development 0( the Homeless Garden Project (Field Of Dreams) bas been a high priority uoong the client population., UMP A and Cily staff. The site area is currently bordered by the north parking lo! 0( the train station !O the east. the Red Cross Northern hiling Lot 10 the Sou1.'. El Camino B>llpark to the North, and EI Camino Real 10 the West. The actual garden ploo would be placed north 0( the path that carry bike and foot traffic from the train station to El Camino. The proposed site would !!!ldergo a positive transfonnation from the currentiy IlDderutilized vacant triangle 0( park space 10 • garden space. Fl Camino Park is currently leased from Scanford University by the Cily. Potential future plans for Illis site bav. been aIS.'"IISsed conceptuaITy through the 'Dream Team' join!: Stanford/Cily Planning effort. For this reason., the owner 0( the property. Slanford Land Management, Ilas asted thaI !be sublease. which is enlered into, not exceed seven years. Cily staff coocurs with .lbat request. and is currently developing a one-year sublease which calls for annual renewals up 10 sevea years in order 10 assure that any problems thaI may ensue are mitigated quicUy, or if that is DO( possible. the use would be terminated. In our <flscussloos with UMP A. il is understood that this is a temporary allocation of space for the Garden Project and the applicant agency views this as a piIol project. If program effectiveness is determined. City staff and UMP A will seek permanell! placement elsewbere wben this site is no longer anilable. POLICY IMPl.ICATIONS A policy theme which continuously emerged from the Council·appointed Aggressive Panhandling Task force meetings !leld last Fall was the lack 0( opportunities lOr the homeless population in the Palo A1lo area. This project, if implemented, will provide , .:. -. '" . ".' >- . -. -.:.. 6-14-95 Page 1 .- "-.. ; .- '."0 • an aMlIiooaI ecooomk: and aesthetic positive resource 10 .. 'sist this disenfranchised population in increasing its self~iency. Currently, the maJorily 0( this population speOOs a great deal 0( time in this geographical area due 10 the fact that the Morning Program operat<d by UMPA is offered behL'1d the Red Cross buiJdin~, which is awroximate1y SO yards south of the proposed garden site. Staff is 0( the opi1'Jon that offering additional services in this area .... ilI not result in expanding the presence 0( UMPA'. clienls in the community. Existing policy from the C<xnprebensive Plan whicb relates 10 the Project includes the fuIlowing: Program Tell: Encourage priva!ely-spoosored rommunity activities in parks. Policy FCIlF: Provide a variety 0( activities in Open Space areas by responding \{, the needs of a diverse population. D1sctJSSlQN In assessing the expertise 0( the proposed orga:uzation, Tom PH"1cIe, the Project Lead for VMPA. has bel<! discussk<ls and public meetings with representatives of other Homeless Garden Projects in L'Ie Bay Area, includ"mg the Santa Cruz, San Francisco and Berkeley programs. UMP A has .hown strong community support for thIs project, and utirlZed the expertise 0( many volunteers in preparing the attachments 10 this report Project RislO!)' This proposed use has been in cflscussioo since August 1994 as numerous issues have been addressed with UMPA. the American Red Cro.s, Stanford Land Management and various Cily departments. In terms 0( the historical nse 0( the proposed site. the Assistant 10 the Cily Mar.ager. while doing research assodated with the Centennial, found evidence thaI a similar garden project "'35 initialed in 1895 by mnerants in the same location. During Worid War U. aooIber garden project " ... developed at the same site. 6-14-95 Page 4 '- • Letlers were sen! 10 representatives of adjacelll programs by the Cit)·,. Real Estate Division 011 March ). 1995 iDforming them 0( 1his proposed project {SO<: Attachments ~ and Four}. The Red Cros. Executive DirectDr has responded with unbridJed support for 1hls endeavor. In view !hal the exlsting site !acb an img2lion system, the City Manager has asked the Utility Department 10 provide • water irrigation servlce and I bad(f.o ... prevention device. Staff ha.d earlier asked that a drip form of irrigation be used so as 10 conserve water. ~er, UMPA is plAnning a bio-inle!lSive 8ardening approach whkb necessilates a form 0( ,., .. tering other Ilum drop irrigation. A fau<:et cooplel will be instaIred by the Parks Departmenl and shall have I lock:, 0( .... hkb the UMP A', Project Director will receive a tey. The City Water Utility will pay fur the irrigation servlce 10 the meter, water meIP.r and bacldlow pre"enlion device, as is cust<lmaIJ fQf other Commu .• lity Garden projects. UMP A has provided the City with • Prospectus, • Garden Plan and • Lener of !ntelll 10 address any adQltiooal concerns (see AttachmentS Five, Six and Seven). The City will provide • smalJ number 0( IOOIs 10 assis! ii' the impiementaOOn 0( the ProjecL The Tool Shed will be desijlD<d so.as 10 no! attract any overoigh! residents. Sleeping in or around the Garden would be • vioIaOOn of the sublease Agreemelll whkh could call for suspension 0( said agreomen!. Staff performed • site visit wiL" City Arborist David Sandage 10 review the impact of the Garden Project OIl the trees wbich surrou.'Jd the proposed perimeter 0( the Gar&n plct. Mr. Sandage concluded that there would DOt be any r;egative impact 10 the trees preseDI in the area. Additionally, be staled tIla! the proposed activity in the area would be of bcnefillo the adjacent oak! due'" the special anentioo which the .rea would receive. Public Particip.tjrm UMP A has held several meetings with local supporters regarding !his proje<.'l. The ageoey bas spoooored meetings wbere homeless garden expe!1s from other locales have shared their experience. Tom Pirlde from UMPA has shown great capability in organlzing !his prOjecl 10 date. 6-14-95 PageS . '-' . , ALTERNATIVES Staff has reviewed O!her locAles 10 site such • project. No O!her locations sbare the positlfe factors of the EI Camino Park locale. The clieO! population is already present in tae area. and theR is 110 impact on neighboring reside""",. As the use at Ibis site is lemporary. staff and UMP A representotives will continue 10 seek &lternate locations fur the long-term siting of the Homeless Gardening Project. Tberem, Ir.e only alternative tbat staff can see at this time is not 10 proceed. It is po<sil:>le tbat other rypes of entrepreneur opportunities for this population could arise in the future. "$CAL iMPACI' The City will expend <>Oe-time only start-up funds in establishing a water service at the Garden site, which is estimated at approximately $3,100. The provision of gardening implements will also be • one-time expenditure at an estimated cost of $250. An ongoing expenditure will be !be water s;Jpp!y, estimated by City Senior Ranger Gordon BailIe, at anywhere from .21 10 .39 cents • square foot per year. ENYIRONMFNIAL ASSI§SMF.NT This project is considered categorically exempr from CEQA, Class 4, Section IS304(b). STEPS FOLLOWING APPROVAL Upon adoption of the Park ImprovemelJ! Ord~, estabrIShmell1 of Ibe water service. and construction of the fence and I0OI shed, the project may commence. ATfA~, Attachment One: Park lmprovemeOl Oram.ance Aaacllmenl Two: Plans (4 Pages) Attacl!melll Three: Letter 10 MacArthur Park Restaurant AlIachmeDl Four: Letter 10 American Red Cross AtrachmeDl Five: Plan PrO<peCIUS from Urban Ministry AnachmelJ! Six: Preliminary Garden Plan Anacllmenl Seven: Letter of Intent COURTESY COPIES: American Red Cross. Palo Alto Cbaprer Stanford Land ManagemeD! Company Urban M"misIry of Palo Alto Human Relations Commission Paul Dias, Parb &< OPen Space Prepared by: Da vi<! F. Martin, Administrator of Human Services Division He«<! Approval: Nancy Maddox LytIe. Chief Planning Official :.f. 6-14·95 Page 6 .. ;.-' "r Attachment .B-1 ORDINANCE NO. ORDINJ\NCE OF THE COUNCIL OF THE CITY OF PALO ALTO AYPROVING AND ADOPTING A PLAN FOR rMPI1.0VEMlWTS TO EL CAMINO !'ARX WHEREAS. Article V2IZ of the cr~rter of the City of Palo Alto and SectIon 22.08.005 ~f the Palo Alto MunIcipal Code require that before any substAntial building. ooastruction. reconstruction or 4evelqpment is commenced or approved, upon or with respect to any land held by the City for park purposes.. the Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor; and WHEREAS, &1 Camino Park is dedicated to park pu.-poses; and WHBREAS 1 the Orban ~ni8try, 2 noc·profit co~ration, has requested ~he City's permission to construct certain improvements to BI camdoo Park, coosisting of an approximately S~~~O sq~re foot plO't of land surrounded. by a redwood picket fen<:e to be used for vegetable gardening pu~es by certain underprivileged persons residing in and about Palo Alto "Plan"); and WHERBAS 1 the site ~~ design review of the Plan has been conducted and the Plan has been recoamended tor approval by the City boards and commissions having jurisdiction aver su~h matters, because it ca:lfo:rms to the provisions o·f Chapter 18.82 of the Palo Alto MUnicipal Code and the Palo Alto Comprehensive Plan; and ~REAS, the Council desires to apprO\·e the Plan and to adopt. it. as part of the official plan for the const.ructioo. o·f improvement sat B 1 camino Park; NOW, THEREFORE, the council of the City of Palo ~to does ORDAIlf as follows: SECTION 1. The Plan, a copy of ",hleh is on file in t.he office of the Division of Plar..ning, Department of Planning and Community Environment, and to which copy reference 1s hereby made concerning the full particulars therecf, is hereby approved and a~ed. SECTION 2. The City council hereby finds tt-~t this project is categorically exempt under Section 15304 of Title 14 of the California Code of Regulations. SEC'I'TON 3;. This ordinance shall becane effective upon tt.e comr.e.ocemen·t o·f the thirty-first day after the day of its adoption. INTI<OOOCEO : PASSED: AYES: 1 NOES, ABSTZN'l'rONS , A'l'TEST, city clerk C1 ty Manager Direct~r of Planning and Community Environment APPROVl!D AS '1'0 PeRM, senior Asst. City Attorney APPROVED: Mayor Director of COmmunity SeIvices 2 ',' ~aCh.l!lent C This Sublease Agreement (·Sublease-) is entered into __ • 1~95. by and betveen the City of Palo Alto. a chartered "'c"'i.:-.y-and--'~a ltIWlicipal =rporation of the State of california ('City'l aDd the Urban Ministry of Palo Alto~ a corporation duly, organized and existIng under the Nonprofit COrporation Law of the State of california !"llMPA'). 'ICUn ,_ A. The City., as tenant,. has entered into a le3.se agI'"eement. ("Master Lease-;.. dated June 10 1 1915" and several amendments thereto .. dated June 29. 1971, February 26. 19'3., March 31,. 1981.. and July 31 ... 19S1 .. with the Board c-f Trustees of The Leland Stanford Junior Oniveraity ('Stanford'). as landlord. eoo<:erning real property c<mnocly kncwn as El Camino Park "Park'). t.he legal description of which is set forth in Exhibit A-19 to Chapcer 22.08 of Title 22 ot the Palo ~to Municipal Code .. as set fortb in Exhibit .,,'. B~ The City wishes to permit UMPA .. as subtenan·t. to t:empo-rarily occupy an area. of the Park for gardenill9' puzpoees for t.he benefit of certain underprivileged persODs residing in and ab6ut the city of Palo ~to. C. CMPA wishes to $~lease the premises under the te~ of this SUblease Agreement~ arA Stanford Is willing to cocsent to t.his su.blease. In consideration of the covenants, terms. and conditions (-provisions·) of this Sublease Agreemeo·t. t.he parties agree: SICT!ON 1. 'I'EitM 1.1 This Sublease shall commence upon its execution by the parties for a one·year t.erm,. and shall :be automatically renewable for a maximum of six (6) consecutive one·year periods, subject t.o tbe earlier termination thereof. AllY party may teI"lfti.I:la.te this Sublease Agreement .. witbout cause .. upon thirty (30) days" prior written DOtice. This Sublease is coterminous with tbe Master Lease. 1.2 UMPA covenants that it shall continuously use the Pretnises for the purposes set forth in Section 3 hereof. consistent with the goals set forth in the document entitled 'Pl<OSPECTUS: Urban ~n1stry HOmeless ~~en Project· 'Field of Vreams~ .. attached heret.o as Exhibit .S".. If UMPA fails to con·cinuouely use t.he Premises as provided herein~ the City may terminate this SUblease in accordance with the provislona of Section 1.1 hereof. 1.3 In the event. that this Sublease is terminated .. UMPA v1l1 return the premises to its origittal coodition. as practicable .. normal wear and tea.r excepted:. 1 • o SSCTION 2. P&OOSE$ ~.1 Subject to the provisions hereof, the City hereby leases to UMPA# and UMPA leases from the City. that certain real property measuring approximately 5,,4.00 square feet '''Premises"'} and generally outlined and described in Exhibit'S'. UMPA represents and warr=ts that it has inspected the Premises, and it hereby accepts the Ppemises in its las-is· conditioa as of the date of the execution of thIs Sublease. SECTION 3 t USES AMP LIMITATIONS ~.~ During the term of tbie SUblease Agreement~ UMPA shall use the ~rem:1ses only as a CO!\'ImUn1ty ga.rden to grow and harvest organiC flowers, fruits and vegeta.b1.es a.nd for no other uses ~ expressly authorized under this SUblease Agreement. ).2 ~A vili constrjct a five feet-high fence composed of red~ood fencing ~aterials. erect an approximately ten feet by ten feet wooden storage shed to Btor~ gardening tools and equipment aoo seeds and ocher related gardening supplies and materials, create and maintain carposting bins" establish raised beds of ea __ :r:t.b and soil" install a.n underground water irrigat!~ system,.-and engage in su~h ~her compatible uses consistent with the rights granted hereunder. l.3 The Premises shall DOt. be used for. among other pu.rposes ... t.be growing and 't.LArvesting of plan·ts wbose possession, consumpt.ioo or ueage is prohibited by Federal or State of california law. t.he fostering and prcmotl00 of the personal hygiene of any individual using such premises for purposes: unrela.ted to general purpose community gardening. the possession, oons~iOD# or sale of alcoholic beverages,. the<oaodu~t of games of chance" or for purposes o~ residential living. 3.4 The City rese~& ~he right to relocate or to cause UMPA to relocate the Premises .or the underground irrigation infrastruc~ure to any ~her site of a comparable size at the Park, provided Stanford does not: unreasonably withhold its consent to such reloca.tion. Any such relcca.tfoo. shall be conducted at UMPA"s sole cost and expense .. 3,5 llMPA shall not 60, briI>3, or keep anythiI>3 in or about t.he Premises which will cause a cancellation of any insurance covering the premises~ or cause an increase in the cost of such insurance. 3.6 UMPA shall comply with all laws concerning the Premises and its use by UMPA ... including, witbout 1imitat!on,. the alterati.on, maintenance or restoration o·f the Premises in complian~e wi~b all laws relating to tbe condition, use or occupancy of the premises during the ter.m of this Sublease. 2 -':--,' . • c.. '. • , ,'. ~ICN C. ROO; SIDlRITX DEposIT 4.1 tlMPA is DOt required to pay to the City any sum of money as and for rent in cODBideration of its rigbt to use the Premises in accordance nth the provisions of this Sublease. 4.2 No. security deposit shall be required .of UMPA .. provided... hoWever, the City reserves t.he right to collect a. security deposit from UMPA. as a condition to reinstatement.. as permitted. for any default by UMPA. SECTION 5. PinLTX QR meEGS FOR UNAUTIiQRIEEP USES. S.~ rn lieu of t~rminat1ng this Sublease. the City may charge UMPA a SUM equal to one bundred percent (l~O') of the gross revenues received by UMPA for engaging in or for permitting any uses of the premises ~ch are ~ authorized under this Sublea5e~ The existence of such charge or the payment or receipt of money under t.his provision does not. constitute an authorization of a partiC"..J.lar service or use and does not. constitute a waiver of CityrS right to terr~nate such service or use. 6.1 OMPA covenants and agrees to maintain its Premiges and the surrounding fencing in a safe. clean. and sanitary cooditioo l to ~be complete satisfaction of the Cit)(s City Manager, or her designee~ L~A further covenants and agr~es to provide ~on:tainers for-trash &lld garbage and to keep the Premises free and clear Qf such trash and garbage on a daily or other periodic basIs --acceptable to the City Manager. 'I'lle City reserves the rigbt to enter upon and inspect the Premises at any time~ Notwithstanding t.he provisions of t.his Section l tJMPA sball be respoc.sible tor any damage or repair to the Premises, t.he under· ground irrigation infrastructure. and any other structure an tbe Premises which is owned or installed by the City .. which is the result of the use of the Premises by UMPA or any person expressly or ~licitly authorized by UMPA to occupy the Premises at any time during the term of this Sublease. 6.2 UMPA shall designate, in vriting. the on-site UMPA representative who vill be responsible for the daily operation of the Premises ... in.cluding all. maintenanee .. security and: other similar activities .. and shall give the City ~ice within thirty (30) days after the execution of this Sublease by the parties. 6.3 ~f UMPA fails to maintain the Premises or make repairs or replacements as requi~ed herein, then any Bu~h failure shall constitut.e a d.efault hereof by OMPA. m.wA shall ilt\prove or otherwise remedy the default within the time established by the City or .. if a-u<:h time is unstated., within a reaHonable time ther~after .. as determined by the City Manager or her designee. The City Manager may make .. or cause to be made. the necessary Improvement or correction and incur costs thereof, including. vi thout 1imit&tion, the cost of labor, materia.ls. and equipm.ent. 3 . , /-, -.--:" .~' :;.-.. " a.nd llMPA shall pay the City's costs of administration and overhead within ten (10J days of receipt of any notice f~cm the City_ Any rights reserved by the City hereunder shall not be in derogaeiac of any ~her tights or remedies afforded by law. SEC'IION " USB OF HiRSIClDE$ OR 9'ljfBR TOXIC MlLTERI W 1.1 Section 28 of Exhibit --0-notwitl'"1standing, -Toxic Materials·, tor the pu~ses of this Section. means any hazardous or toxic substance I waste or material. including, without limdt&tioo, any insecticide or pesticide regulated under the Fede<al Insectici~e, Fungicide, and ADdenticide Act. 7 U.S.C. sections 136 et. seq .• as amended. - "1.2 llMPA represen·ts and warrants that it will engage in and use organic gardening methods. techniques and procedures, and that it vill not use or permic to be used any Toxic Materials on the premises. Any such use shall ~on&~itute a default under this SUblease and a material breach of this SUblease. 7.3 ~~A shall indemnity and hold harmies$ the City fran any and all CQgts~ claims~ judgments# losses# d~andS# causes of action r proceedings or beariogs~ including the City~s attorDeys~ fees and court coets relating to ~be removal or other enforcement action taken in -connection nth the use .. storage ... or placement of any Toxic Materials on or about premises by u~A_ UMPA shall reimburse the City for (i} all costs of clean-up Qf the Prem1ses#· including the appropriate disposal of any Toxic Materials; and (i1) any diminutIon in value of the Premises caused by UMPArs use~ storage, or disposal of any Toxic Materials. The obliga.tions of UMPA under t.his Section. '1.3 shall Burvive the expiration of ~he Sublease Agreeaent term. SECTION a, ALm!TIQNS 8.1 The City shall constru<:t or cause t.he construction of an underground pipe which stubs to the perimeter of the Premises. Such piping viII enter the Prem!ses and be located at the surface in the form of a ~ter backflov prevention device and a faueet couplet or similar Oevice. B.a llMPA shall not. constI'1J.-ct or install any structure, ~rovement, or facility on the Premises without the prior written consent of the City Manager. Any conditions relating to the ma..nner~ method# design# and const.ruct.ion of any struct.ure .. improvement. or facility established by the City shall be complied with in all respects by UMPA. 8.3 ~l structures# improvements and facilities -cc.nstru-cted by or cause to be const.ru-cted by UMPA within the Rramises shall be built in an efficient and workmanlike manner aDd in strict compliance with detailed plans and s~cifications approved by the City, in-cluding any board or commission of the -city .. or otherwise by the City Ma.nager~ and in accordance with the Citys ordinances, resolutions, rules. policies, procedures and regulations .. ----,...._--------- a~. upon completion of construction of any building structure~ in~luding the storage shed~ UMPA shall submdt to the City Manager~ a certificate of i~pectioQ, verifying that the construction vas complet~ in conforma.n<::e with applicable laws4 B.S All i'.nprovemel1"te constructed, erected or installed upon.the Premises ~Bt be free and clear of all lien$~ claims, or Uabillty for labor or material and. at the City'. option. they shall become tbe property of the City upon the expiration or earlier termination of this Sublease. _ B~6 Title to all tecls, implements and ocher ~ipment placed by CMPA upon the Premises shall remain in IlMPA. excepting those tools, ~lemente and ~her equipment which tbe City ~ay loan to UMPA in furtberance of the purposes of this Sublease. 8.1' Prior to the coomencement of any work, UMPA shall pay the amount of any increase in premiums on insuran~e policies prcvided for herein on account of any endorsements to be made coveTi~ the risk duTing the course of ~ork. In addition, if the estimated cost of work exceeds one thousand dollars ($l,O~O), OMPA. without cost to the City. shall furnish the City with a perfonnanc.e bond issued by a surety authorized t.o t.ransact business in the State ~f California and accepeable to the City in an amount equal to the estimat.ed cost of the work .. gual:anteeing the completion of work, free and clear of liens.. encumbrances, and security interest. according to the approved plans and specifications. SRCTION g liATiR SUfPLY 9.1 The City shall p=ovide and pay for the cost of wat.er t.o be deliverE=d to the Premises. Ally other utility service, including garbage collec~ion, to be delivered to the Premisee shall be requested for and paid by OMPA. SECl'!ON 1)). PlSURANCR 10.1 OMPA shall ~ain and maint&in during the te~ of this SUblease t.he types and a:r'I()U..:l-ts of insurance a.s set forth in t.he City's insurance req.J-lrernent-s .. as set forth in Exhibit -C-_ Insurance coverage shall be in full force and effect commencing on the first day of the term. 0-( this S\ll:>lease. Each insurance policy required by this Sob~ease shall contain the foUov1ng clauses: 95C7L:2 "'" 001QCH A. -This insura.nce shall not be canceled, lilrdted in scope of coverage or nourenewed until after t.hirty (30} days written ~ice has been given to ehe: CIT'! OF PALO ALTO R~al Estate Division P. O. Box 10250 Palo Alto, CA 94303-'_ 5 , . '';, -, . • o 8. 'All rightB of subrogation are hereby waived against the CITY OF PALO I.l.TO and the lI1€l!1bers of the City Council and the Board of Tr~stees of The Leland Stanford Junior University. and their elective or-appoin.tive officers or employees, yl"l.en &cting within the scope of their emp10yment or appointInent ... C. -'I'he CITY (lP PALO ALTO and the Board ot Trustees of The Leland Stanford Junior University are each added as an additional insured as respects operations of the named insured at or from the premises •• 0; -It. is agreed that any insurance tnaintaiced by the CITY OF PALO ALTO -will apply in excess of, and not contribute with insuran~e provided by this policy. ' 10.2 UMPA agrees to de~it with the City and Stanford, on or before the effective date of this SUblease, certificates of insura..nce necessary to satisfy the City t:.'bat. the insurance provisions of this Sublease have been complied with s and ~o keep such insurance in effect and the certificates tberefore on deposit with City during the entire term of this lease. 10.3 UMPA vill be in compliance with the insurance requirements~ provided a rider covering the provisions of this Section 1~ Ie attached to the existing insurance policy that UMPA has ~a!ned Eor the benefit of the City, and the Citys risk manager has approved. in writ!ng. the form of such rider~ SRC1'IQN 11 ASSIGNING SUBLBTIrNG. AND BHmMftRRING 11.1 UMPA shall nee assign, sublease or encumber this Sublease, the Premises. or any part thereof at any time during the ter.m of this Sublease. ~~y failure to comply with this proviSion will constitute a default of this Sublease. sscrIQIf 12 e DEFAULT AND REMEpliS FOR DEFAULT 12.1 It OMPA defaults in the performc=..nce of any proviSion of this Sublease. and such default is ~ remedied within the time established, or if no such time is established s within thirty {3D) days of receipt of a noeice of default~ the Ci ty ""'y: A. Terminate this Sublease and all rights of UMPA and those who claim under UMPA; B. At the City's sole ~ionl cure any such default by performance of any act .. including payment of money, and the coet tbereof~ plus reasonable a~nistrative cost. shall became immediately due , -". "'- .- o .. nd pay~le by UMPA to City; c. Seek an action or suit in equity to enjoin or compel any act or thing i~ violation of the rights of City; D. Seek a mandamUs or other su1t~ action of proceeding a.t. la.w or in equity to enforce its rights against UMPA 1 its officers I agents. and employees and its assisns, and to compel it to peTfo~ and carry out ita duties and Obligations under the law and its covenants and agre~~nts Vit~ City as provi~ed herein; or B.. P'J.rsue any other remedy available by law or specifically provided in ocher clauses of tbis SUblease Agreement. 12.2 However. in the event of a default which can not reasonably be cured within 30 days~ {Jl(PA shall have a reasocable period Qf time (as determiDed by the Ci~y Manager) to cure the default. The remedies snade a.vailable to the City hereunder or by any law now or hereafter enacted l are cumulative and the exercise of OIJe right or remedy shall DOt impair the rigbt to City to exercise any or all ~her remedies. 12.3 In additloc to a violation or breach Qf acy ~her provision of this SUblease, UMPA sball be in default under this Sublease in the event that UMPA! A. is t.he subj ect: of any volunta~ or involuntary petit-ion in bankr'\lptcy or other insolvency law; B. att:en1Pt"-!I to make a general assignment for the benefit of creditors; or c. fail to take possession. of the demised Premises on the commencement date of this Sublease. SECTION 11. 11 roTATION ON LEASEHOLD 13_1 This Sublease and the rights and privileges 9ranted to OMPA in and to th~ Premises are subject to covenants. conditiocs. restrictions, and exceptions of record, including those which are set fort.h in t.he Master Lease. Nothing cootained in this SUblease or in any amendment hereto shall be construed as coaveying any tee interest or ~her interest in real property which exce~s the leasebold rights granted to UMPA under this SUblease. SRC1IOli 14, NOTICES 14,1 All ~lce8 required to be given pursuant to this ~~lea5e shall be delivered to the addresses set forth bel~~ or to any other address as trJay be noticed .. in wr!t.:ng. by a party. 1 o Any notice sha11 be sent through the United States mail, postage l'repa,id. TO: ~ TO: ~ Real Property Manager City of Palo 1-lto P.· O. Box 10250 250 Hamilton Avenue Palo 1-lto. CA 94303 City of Palo Alto Community Services Department ~fice of Human Services P. O. Box 10250 palo Alto, CA 94303 Tom pirkle Urban Ministry of Palo Alto P. O. Box 213 Palo Alto. CA 94302 ~::.-rION 15, MJ:$CiT,LANEOQS vgoyISIQNS 15.~ This Sublease is subject to the GENERAL coNnITXONS applicable to all City leases, at~acbed hereto as Rxhibit .0".. In the event of a conflict between this SUblease and any provision of EXhibit. .D", t.he provisions set forth in this SUblease shall take prec~e~e. 1~,2 This SUblease is governed by tbe laws of the State of california, excluding its confli~ts of law. 1S.3 In the event that an action is brought, the parties agree that ~zial of such action will be vested exclusively in ~he stat.e courts of California. or in the United States District Court for ~he Northern District of California in t.he Coun-ty of santa. Clara .. State of Ca.lifornia. 15-.4 The prevailing party in any action brought to enforce the terms of ~h19 Sublease or arising out hereof may recover its reasonable costs and attorneys' fees expended in connection with that-action~ 15.5 This document represents the entire and integrated agreement between the parties and supersedes all prier negotia cions~ representations .. aDd contracts. either written or oral~ This document rra"j 00 amended only by a written iostru."TIeIlt. which 1s signed by the parties. 1S.6 ~l proviSions of this Sublease. whether covenants or conditions" vill be deemed to be ~b covenants and conditIons. lS.1 The covenants. terms 6 conditions and provisions of this SUblease will apply to, and viii bind.. the beirs. succeBBors~ administrators. assignees. and conBultants. as the case may be .. of the parties. B . " ) -.," '.' ",.-' . 15.8 If a court of competent jurisdiction finds or rules that a~y provi9ion of this Suble&se or any amendment theret~ ia void or unenforceable, the unaffected provisions of ~hlB S~leaBe and any amendments thereto vill remain in full force aDd effect~ ,-. 15.9 All exhibit" referred to in this SUblease and any addenda, appendices, attachments, and schedules ~hicb, frem time to time .. may be -referred to in a...'"lY duly exe~ted amendment hereto are by s~~h referenca incorporated in this Contract and vill be deemed to be a part. of t.h:t.s coot.ract 4 lS~10 ThiS SUblease may be exe~~ted in any number of ~~terparts. each of w~ich will be an origir~lr but all of which together _ill ~oDstitute one and t~~ same instrument~ 15.11 This Sublease Is subject to tbe fiscal provisions of the Charter ot tbe City of Palo Alto and the Palo Alto Municipal Code~ 'Th.;s Sublease .ill tenninate without any penalty (a) a~ the eoa of any fiecal year in the event that funds are D~ appropriated for the following fiscal year. or Ib) at any ~ine within a fiscal year in tbe event that funds ar-e only appropriated for a portion of the fiscal year and funds fo% this COntract are 110 longer available~ This Sect-ioD 1S~ 11 will take precedence in the event of a cODfliet with any other covenant, term, coodition .. or pr~vision of this COntract~ IX WITNBSS WHEREOF, the parties hereto have by their duly authorized representatives executed this ~ib1eage on the date first above written~ ArrEST, City Clerk AP?ROVED AS TO FORM, Senior ABst. City Aaorney APl"R0VlID , Assistatl,t City Manager Director of Comm~ Services Director ot Admin. Services 9$011<1 WE' 1lO7(l1D1 crl'Y OF PALO AUTO Mayor URBA."i MINISTRY OF PALO ALTO By: ~~?; i2 Its: p,. .. t!c~,.... , 9 • , .-, - Real Property Manager HUman services Admdniserator Ii.BCOMII!NDED POll. APPROVAL, The Board of Trustees of The ueland Stanford Junior University By: Title:. 10 ---~ -, ExIL A-Ill €1.oALTO MUNICIPAL CODE o EXHrBIT A-II-I EXHIBIT A-M LEGAL DESCRIPTION EL CAMINO PUll: BeCim>in& lillie lllOIIl_y c:orneJ 01 """ certain I. IOU ~ pwoI oIlaod deIaiW in flit certain 511b1e&se1letweeD ... O!y oIP1lo AlID IDIf 5oulll<'" P"';fi<: Ra\lIoad CoJnPID1, daIed o..ooer20 1m _S 11'11 5r EIkla, IIIe ~ &neolsaidpwolI43.13 feeI;_5 51' 41' SII" E 421.31 feel; dIOIlCOlIOrtlltaslerly aloe, • ranaen< curve 10 IIIe kA. bmnti • nodi .. 0( 13.64 fee<. sluwgll. _ l!IIl< of SIO" 00 fer an an: length of 21.42 feet Ie • point of ~tTSe curve; Ihcnce Itrurt..a"erIy aIon,. CW"Ye 10 the riglK. I!.ovill, • radius 01 1l.64 te ... Ihrough • «rural angle 0( 90" 00, fer 10 ItO lenp of 21.42 kel; 1hent. S 51' 41' 59" E 122.41 feet: Ihence soutl>erly &Ions. an,'n< ~. 10 tI>e right. h>vill, • radius ot 75 fee~ sluwih • =tt>JlOgle of.1" 29' 32", Ill< "" an: len8\h of 114..53 f~ 10 • poinl of n:v.~ "",,,e; Ibe!Iu _, aIoag .... ..". curve '" IIIe left, hIvirl, • "'di .. of 300 foe!, 10 • poinl of rev ..... cwve; Ihence soutl>ed, Ilona • ....,.",. C1It" ., IIIe ItIt, bIving • rodius of 300 feel. ro • point of compound """,e; \llenU CODIinuin, soutberly &l00J • ,..,..". C<IlVC ., 1I1e left, bIving • radius of 68 ree~ rhZouih • central :mgIe 0(20" 03' 52" Ill< m arc length 0( 2U! ree~ 10 • poin' of RVCrse {:UI'Ye; IheDu southwesterly. lion, I ,.,.,.... O\IIV. ro 1I1e ri&!¥ bavln,. rIdius 0{ 3HO feel. sluwih • centnlllIIJI< of Tl" 52' 04 ",Ill<." u: Ieni1II of 45.39 foer, '" • Il00·..,,,..,. point on dle ~!lJ Ii.,. 0{ EI Camino Real; 1bo'£e nonI!wesb:r!y, aIoag said oortI>eas<e!Iy _ !he ~_anddisWll:os: N 51'13" 12' W ~..52 feel; N 42" 20' 20" W 1O.4S feet: &l00J' ...,.. 10 dle kA. havinC • radi1U of 1333 feel -Ill' =tt>JooBl< of I' 24" W,Ill< 10 arc ierII'b of 19H3 feel; N 51' 01' W 6&.39 fee~ aIq • '"""'" """" 11> 1I1e Ii"'" bIving • nodi", 01900 feet.lhrouih' =mol onaJe of II' Oi' 21"" i<l< m ore: kn&lh of 114.97 ree~ N 39" 59' 39" W 317.82 feet: alOOJ • IaJlBc1t CUNe Ie dle loft. _, • ra;fius cf12 teer.lhrough • cemraI oo&le cf13' 09' 2i",1ll< an arc lalgth cf91.93 fc«; N 45' 58' 59" W 436.48 feet: N 41'16' 13" W 15\.00 h~ olonJ. curve" IIIe rig!lr, hIvirl, • _ cC 102 ...... """"gil. """'"' angle cfl6' 19' 3O",1ll< .. "'" lalilh of29.06 teer. 10 • point of """,pound cw>., aIOOJ • QINO ro IIIe ria!¥. 1IoViJ1(. nodius cC 12 ...... 1brou&h. -on&Ie of go> or 53", lOr 10 an: IelIgIIl 0(11.88 fc«; N 31'10' 38" W U..53 feet: N 51' 31' lO" W 123.49 feet N 49" 31' 31" W 69.11 feet 10 • poi1II in IIlo <:etlII:l!ine of S an F~'" Creek: \llenU !cavin, said northe .... ,!, !lne of EI Camino Real. and nmnlnJ &l0Il1l1llo centet!ine 0( said CIeelI: S IS' 56' 59' E !64..52 h' and N 62' 31 '01" E 77 .22 ~.~ ro • poi'" on L'le soolhwweDI!lne of IIlo _m Pacific r'iilU' 2232 ---... --".-.------.~-----~ ---~.------_. ------- " , -. , . ~-, ',' of-way; tbec~ loutheasterI)' alonl me IOUthwestetlyline S ~ I' 3S' I ()" E 7.93 fi:<~ S ~ I' U' '9" E 7!11.87 feel IDII S 46' 56' I()" E ro2.08 !e<t; Ibcooe S 38' Ii" (fl' W ISO.DO reet '" 11" .. poinI of beJinnini. Exuptinf llleretrom the ~nowins c!=n1>ed portion of Palo AIIo Avenue: Beginning 01 the oorthell1lem1iDIIJ of !he _ cIescribe4 as "having I radl", of 12 feel. l!ucugh • cenual angle of 9()' 08' 53". for III an; Ie""", of 13.18 feel": !hence ..... rly aloo, I C<lIllpound curve to 1!u: riglll. having • radius of 18, feet, Ihrocgh I =traI angle of 19' 27 SSO. L' arc length of 61.13 fee~ Ibcooe N II' 46' 56" E 59.63 ~ !hence N 84' 4D' 59" W aIon, said right4·"al line 16.915 feo.J; Ibocco S 84' 40' OS" W 192.23 fee~ the"", ....... dy aloo, • cu."" '" the righ~ bavrn, I radius of 382 feet lbroogh I cen:ral "",Ie of l' SC1 24". on an; dislan« of 52.27 f .. ~ Ihonce S 31 0 10' 38' E 1S..53lee1 '" the poinI of B<&imin&. Also exce¢nl dlmfrom !hat portion thereof clesaibe4 in 1l<soIution No. ~802 of the City of Palo AIIo =orUed 1vl,I~ 1980 ill BooIt F442 of OtIiclai hoo!ds II l'Ii< 7f17. ""coro' of s.ru. a .... Cowuy. CoIifomiL Also u«p<in, ll;ercfrom Ihat certain C).551 aao ~ cIescribed as felloW$: Commencinf" the :intersection of the SOi.llhwestedy line of the Southern Pacific IWIroad ComJlOllil right ... f way, 230 feet in width. (as descn"bed in that .certain use:ment of LeLtnd Stanford 10 Ihe SoIJtI!em Pacific lUilroad Companl. cIoted November 23, 1892. lID<! =onle4 October 2lI. 191~. in Volume 435 of Deeds II paso 244, s..... 0.,. C'<>Wlly Records, in .. 1liclt the beario, of sold Hen is CI!led NOM 51' 21' W .... _ Is also the scuthwested) nne of that ~rt.aiD ......,.",. (Palo Alto ~ No. 224) granted by the Southern _ R.tiIroad C'<>mpany '" the City of Palo AIIo by"-""'" dated Ocl>ber 2. 1!139. and """rUed November27. 1939. iD Boot !I~4 of Official R=rds, pas< 567. Santa a.... County Records).. with the ceDter line of University Avenue produced southwesterly. as said Uni'Versi"1y Avenue exists 7S feel in w'tdtb (sajd iruer>e<:tion being the ",os! eastedy poi .. of 2233 o ExIt. A-20 Parcell as descn'"'b.!d in lhal eeJUin k.ase or 'the Board of Tru stees ('I r Leland Stanford 1unior University of tile City of Polo AIUl (Palo AIUl uase No.3) doted June 10. 1915.1D11 =rJe~ by StanConl Univ."Uy 00 September 23, 1915. in Vol. P of L .... ' .. page 333 et seq .• s.ru. a.n. COUIlIy R=nI .. in whicll the bea:in, of sald line is called NOM 51' 45" West~ tIIence NoI1h 'I' 4.5' Weallong sald sou!ll.,. ... ~llinc • distm:< of 4<l7.so f<e! III the iruz=tiCII of said line ofrighl-oI-"'ay wilh tile =.tu fine ofL!"",o Avenue (prolooged): I cfistance of 81.00 feet ., I poillt DO the _"'w.sterly mea line of Pan;el No.2. City of Palo Alto Agroement No. 46. dated 0cI0bu 2. 1939. lID<! re«",led OcIOber 30. 1939. iD BooIt!lSI of Officill R=nIs. page 530. San .. a.... County Roco,cIs, ",hicll po"" is the ttue ,poiru: of commencement; thcnu. Soutn !SID 4S ~ 1l00g sold .. utbw .... rlyma<t Ene, I di.sIan<e of 2!I.00 loot; thenc< South 31· IS W." I distance 01120.00 fi:<~ tIIenc< No<!I! 5 I' ~S' Weal di.sIan<e of200.00 r.:~ thence Nortl> 31' IS Us! ,1IisIanDe of 120.DO feet '" • poinI on the abcw. meruioned SOUlIJ_=1ine of Pasru No. 2: Ihonce South 51' 4.5' East I d\5tmce of 175.00 fi:<, alooa said lice '" tile !nIe poilll of COIIIJIlerlO:!Iett. ton!. 3!l85 E"!lI1lit A·19. I!I!IO) \ EXHIBIT A-lO .i\LO ALTO MIDHClPAL GOLF COURSE . -.... ' .. OVERVlEW PROSPECTUS Urban Ministry Homeless Garden Projt'ct "FlELO Of' DitEA.MS" ,- For te. yean ..,.,.lM>an Ministry of Polo AlTO ~ .. been servin g "'" immediate needs of hom:Iess people with food. shelter •• drop-in cen'"" and C...,Vi"'" scrvk.es. Now-with the Field of Dreams Gardea Projoct-Urban Ministry seela ., bring Ioog lasting beneficial chang< ., tho lives of people in need_ We envisioo 1ltis project as. commanity-llased effOrt ., dcveIop • market garo.:. <11", is Of tho same: lime • ,;'ble bosiness enterprise and • p1a<e of bealing. suppon .nd 10.. fur its ponicipaT\tS. Wbat follows describes tho immod'" .. ,e, ""going and Iongtam goals of !his project and the philosophy and spirit guiding it From tl1. beginning""" ,.,;lea .. ill be shaped around s."er>l},ey principles- I. The gardea will be economkaDy sound. V.ie aim to create: I money-making, fu;eaJ!y self-sufflcient martet gonlen ,.hic~ .. ;u provide frWl .,.-ganic prnduce "' local feSlaDflUllS. fannc:-", marte .. and otbor O";lets. I. doing ihis, we will also provide jobs and !raining k;r bOl"nCIess peopl< and otl1eT margin.flze<! groups. 2. I< ",ill be eooIogicaI1y soond_ W. are COfTImine<!1O creonn,' ganle. !Ita, follows organlc. bioinrensi .. metl10ds of ganlening. This means growing food SOStain;;bIy withoo! depkting tile soil. and using IOChniques and slmpl< "",Is wh;,;h are "",<lily availabl< 10 evOl)'O!le, 3. We especiany w-..n: our garde • ., be. pia<:< of bealing and R:""wa1 for d10se whose lives Ila,. beco;ne marginaf17ed oc hrol<_.a. W. beli.~e tIla; honiculrure, rigMy understood and pnctice1i, is • powerful fonn of tllerapy .. -.I • poten, means of =tOOng us to OIlI>eIves and ., tI!e natural groond of OW" BeIng. Funher. Field of ~ will cOI"Ob ine twO approaches til .. h'" traditionoDy been kept separate: an <:n~rial project in tho prlV3te sectOI"-tho mar1<et g_ with • coonseTIng and sprilua.Dy based effort 10 bring Ias1ing and I1eafing change II> t!1e lives of !he d .... possessed. By providing an ope!! invitation for our IocEl neighbors, voIun,eers, and friends '" ponicipate In tile projea" _ hope 10 build. real community of people thai. will COOle ""ether ou!Side tl1e usual dislinctions <JC housed and onl1",,,.,', or.rn uent and poo«"- IMMEDIATE NEEDS We intend 10 gellhe garoea up and running IS quickl'J as possible. Doing so reqtlires ~s iC) take are 0(. Dumber of importafll tasks simu1taneou~y_ Once rhese es.....cnrial ingrt:d"tenlS are in place W~ can ded~ dle garden offk:iaO)' optrdrlOflal. -..: -", ~', . ",:£,,,",','-':~<:. ',;~ >'';' : @ 0 I) Land By early 1995 • ...e!>ope '" compkl< omngemenlS 10 use I S400 sq. it. plO1 eX land .c;acent ~ America. Rod 0<l0S blli1<ling .nd El Camino Parl< '" Palo "ko. Because ws land has ntYOl bee •• sed bef<lre fa .gric,~u,e. .... wi~ need '" begin •• inlln«fLare. inter-oSi'ic p~ of COQvemrog the 5011 mto beds for ,arocnmg.. 2) WatH The CIty ol Palo Alto lias agr«d 10 iruIalI pipes wlUcb will bring water 10 In. gar.lea from 1be main watcrmaia on a C&rn1oo ReaL Ha,\'t."1.g a reliable source of clean water wiD ptO>ide • buge boo5IlO our g>n!ea', ea.<:ly and ongoing sue<;es,,- 3} FeudnC and Tool, . Because a significanr pedesula!l corricIoc run, nexI 10 IIle garden. as • secwity mu= we WI need 10 eonstr1JC( • fence >round 1Ile ga:den', perime"", Wbile 1Ile knee will provide """'" securiIy. our !>ope is !hal oor """"'less gardeners will feel enough """"",,"p of !lie proj<a "' ...... 10. ceruin extent as prnpeny managers and ovemigbt security. In addicioa 10 I fence. we also need basic hand IOOIs such as ,llove1., spades, funs, rakes, and "heeIbomlws. as ,..n .. I _ble Storage shed 10 be located at 1Ile ganIe.o site. The City ol Palo AlIO will be donating some me 1OO!s. 4) Compost 'The CUy has also promised 10 provide us 'Wirh free: compost, a n es~n6al ingredient for staning a biointensive garden. Because compost from landscape mail'ln:nance frequently 'COntains oleander. euca!yp«us. and md .... ood chips.. an of w'hicli con;:ain growth inliib:tOf1: or 1oO~ ns. we will use donated C9lJlpost only so "jump-.start'" our .o ..... o oompos1-making proc.ess" which we will theA Sllstain through our O'oOt'D means. It will be veTi important kx" 'Us '" be self-st.o1'ficienr in compost productioo as soon 3S posSibk:. since Qllalify rortlpog is 'I. critical ingred1ent for :a SOCtts:s.fu1 biointensive garden. ONGOING ","/1) IMMEO<ATf. GOAU 1) 0"'1. jobs fO<" tb_ b. metess Our go.! is 10 ClUb: job. and nining in organic gardening. fanning and related fields We homdess individuals, and 10 employ 12-15 homeless ~",dencn pan-time dudng the gar.lea·s first year. We ... ilI crean: an appEcanoo and intetviell' process for the gardencxs. who will sign a ronrract "' de<flCate a specific number of hours 10 wcOOn, in the garden ..... kly or mor.tIlly. Also. tluoug~ ...."kly me<:6ngs and "worlc",', ci:<:1es" .. e plan on ghillg all garden"". yoU:< in nuking decisions and elUting poflC)'- lj Cr-e2te .. sare, heating envlronmtn( A~ of our main goals is 10 provide I S<J'e., and Iiltl't'Jany supportive environment in wlUcb homeless and marJioaTtzed people can begin 10 "'galn I sense of worth and JlU'JXl5C tluoug. prodLJClive !abo< in the soil. Those of"s ... 110 ~ave gardened and worfced "';tII .. - risk populations in garde.settings ,..U understand L'" IIlerapcutic value ol using ooc'. hands 10 "or!< die soil.nd nw11lTe ~ving d!ings. 3) Develop I commercial market garden ' "Social entrepn::r-.eurism. -combining cr~ oonpro6r social servla: with l \liable business entcprise. is I concepc gaming wldespl"eW acccpl3l1Ce as a 1:1e\ll .. ay for oonprof"a ocganizations 10 pr()l(ide !heir sen<ice. furod ;heir programs. and r=:h practical skin, 10 ll.ose they ,.,."e. Our BOO! during OI!' initial year> at this gardeD site ",ill be 10 develop our garden as I commercial m>rI:CI g>n!ea whick ... ilI grow "'ganic produce "' be sold 10 JocaI 'FtSlaUIaflts. natural f.ood Slores, and frumers mar\cts. I'.Xlring QUI" initial years of estab6shing the gank:R, we ... in stan devefopin g our "rna.rlct~gardeA! mentaruy" by growing () Crealte II sysUm wbidl C2D be tral15rerrN' 10 • permanenl sitt Because we know dial. we cartOOl :remain It our original sjte indefini:dy. we reafize !hat we Deed lO begin sur.::hinC relatively early 0<1 fo< I suilabJe sill: ",here Ole can "" up permanently_ Because "'" ptdcning =u1 .. ",ill be bas<4 00 die q"aEry of !he soa we can create (I process ... bicll rakes Elu:ec 10 five yean. of iruci1sivc won). .... e need 10 ha'\lC I dedicaJed sire wIJ<R .... can fl'OW food over dIc """"" Nib. roeX! 10 10 20 y<ars and beyood We will seI up • successful gvdeR at our original she. """" OUI any ""'g>' _ discovCf in II!C proiecI, and Dltimately 1n!ISferODr knowledge and oystem 10 I pamancIlI gazdea site. LoNG-TERM GOALS 1) Oev.loping tile permanent gu<leu .lte Because one of our maiA ~s is 10 develop the FlCld of Dreoms Proj<c1 inlO' successful market gankn.or.eo(our Iong-tcmI goals will be 10 develop our penna""'" site into. mode! 01 biointensive Iglic\ltrur. This Ipproacll, som<,jmes C3J1ed Frcnch-inlCnSiv: or biodyruunic gardclting. uses raised beds whie ..... "doohle-dug-wUh • f<xi and sbovcL u.ses hand ilOOls fer culrivanng. Shaping,ptanting and weeding. and absolutely ruJes out me use of PCSIi<:ide$. ba1ricides, or otl1cr petrochemical. Because planrs gro"'11 bioin_.eTy ciljoy very loose. dc<:ply dug so~ • !hey .nD grow latgos and produ<% UlOlC. A deep bed can 00ea produce fooT!O six times die yield by weigh' 0( coovcntional row crops. 2) Starting. Community Shareholders Associ.lion We "-"" 10 alld 100000unny St.-'lOTdcfs As>ociati"" (CS",) 10 our g.roe. project. In. (;SA dIc C()1lSUl7leJ> bye I cfu-ecr rclalionship!O !he g.roe. by invcsMg in advara in seasonal shares o(!he ga.,*,,·s prodlKC-This ~.clps cover die .grlc\Iltural costs 0( die game" as ",eD IS coonecring sharellolders '" die food they .... 10 die land when: ir 's grown. and with !he po:ople "'00 grow it. 3) Having au apprenticeship and pfacement program Once ow g.roen " Ihriving. .... will tunI ir in,a I ....,0008 classroom by settint up an apprentice program nidi ",ill aDo", borncle: .. gardener> ., enroll ill • 5j)<iCial prog71IlD ,.hidI allows_ 10 .....n: c1osel)/ WI! 00' field manager. Aftu COOIjllcd og !he program. the apprentices wouJdRlOOive I oerti/icall: of acl1ievem<nr "'hid! WO<Il<herify II>cir fo<mal Ir1iining and be used as • I0OI foe oO!aining ,",cd. Once the mJin componeolS o(!he proj<c1 arc in plac<, .... will aa1c • fo<mal ~ program., help gr.od""IeS of our app<enti=hip prog71IlD and our homeless ~andeners 10 find run-erne jobs in die communiI)' "-'<lddng ia gardening. farming. and ",1.1ed (",\do 7) Moving 10 1110 c:ounlrl Ultimately. we 'IIilI .....,. 10 estabrtsb • bo;pitaflly bOOse and farm L •• more rurollocaOOn ,.here I>omc!ess gardener> from !he ci.:y con stay ",hile: doing tigb' ramling and learning ~:i.\boot orgMic agriculture. This hospirathy 'house and. flUnJ .... oo1d operate~nt1y ";dt our rnaricel gardc .. .... "~-.. STAFF Tom Pirkle o ·'",Id or Dreams" Project Coordin.11M" Tom manages II1c voIu",= and food programs for Uttan Min lstry and is respoo"ible for developing local en~uriaI proj<c1s '" boner. 1M bomcless. POOr "moving 10 Palo Alto he lived in Boo:oa wIH:re he helpeJ establish I sl>eller for homeles, people 100 clysfuDCtionalIO go inlO !he city's large <or>ventional shcl~ Tom "'as , college EngrlSb I<8Che< for ! 3 years and has also wlM"ked IS • stonemasoo and cornmen:ial beelceeper. He has bee. involved in smaII-scok SUSlainabre ,gricul~ for lwenty five years; iIllhc mid seveolies he "",oed and operated' I 40 lCl< oelf-sufficienl homestead in Ylrginia. Tom """'DIly aIIencIed Ecology Ac1ioD's bioin Ien-<ive mini-farm worl<shop , .. ugllt by Job. JeaVO[)S~ AJ project coordlnaror. Tom's main role will be to ove""" an aspectS o(!he projed incToowg staff. "'Iunl ..... intemS, and homeless gatd<ners. Tom wi1I also be !he main director o(!he gardea', clevcJo:>men~ tile overseer 0( its vision and programmatic purjlOSO He wi1I ~so be our official lOpre90nlativc in !he community .nd wi1I bund lelaooos willi !he cky~ me tlJuversity, busine!Se~ the media and oonprofM organizations who wish k> support !he project. Keith Barner "Held 0( Dr .. ms" ... Id M.na~er Keith is. professio<W gardner ... orking in the Palo Alto area He has .. ug~' composting classes 01 Common Oro.md Gardening ~ntct and has l ooe-ycar certioc.le in ornamental bon:iculrure IIuoug\ tile Statoo( California. He bas managed !he bioio",n,;ve gardcB at !he John Woolman Quaker School, ",bie. raises ~ for students L'ld staff, a.'ld ",ugb! lI1e re$idents o(!he Call1o!ic Worter House C, coon:ry bouoe ,,!>ere borneless people from urban setting. can ,lay ",hile working and farming) at Sheep Ranell, Caflfomia bow to creal bioinlensive, raised gatd<. beds. AJ field man.ger, Keill1's specific dulies w-JI include providing band.-oo ""ining of paid and volun...,. help in aD phases of Ille garnen project. helping plan and c:onsmJC[ ~ .... Ilet lines. g81Ika sheds, and compos! bins, sclieduflng paid and volun leer help in aD pbases 0( the gardcB .,ort. helping coonlinalC special projects .wiIh outside volunleCrS, and coon:ftn.ting !he harvest 0( produce grown in me garden. "FlEW OF DREAMS" SPoNSORS AND SUPPORT Urb. n Min istr, or Palo Alto Founded in 1985, !he Urban Minisay of Palo Alto is • nooprorl< orgam",""" offering ..mea to ""or 4,000 homeless and very low-income people in the mid-Penisula area. PJograms include !he Rolling Eswes Dros>-In ~"'" !he DownIOW!> Food Closct.!he Brealdng Bread MC3Is Progmn, !he Ho!eI de :Z;n' sheIla, and caseW<:J<\ services offering intensive. fufMduaJi>ecl assistance for homeless, disabled ,nd at-rislt adults and farmli ... Sopponed by 29 local congregatio<1. and exher community groups and indJviduals. Urban MinIstry is I spirilDaDy<en"""" eo<nnulnity ",hic~ includes unemployed people, homeless people. people "" disability, people in crisis and over 400 volunteers. Inilia! (undini (Of 1hc Field of D=ms Projed comes fr9m Ihe AnodIa Way Campaign, • projecl5W1<d by !he City 0( Palo Aho and !he Palo Abo Olamhe< oJ Caw.IIlCl<e's Do"'nlO .... Mmeling Comminoe. . -.-,-- 4 , , EXHIBIT .~ GRNBRAL CONDITIONS 1. DEFINITIONS (~27.1) S 'COUD<:U' means the City Council of the City of Palo Alto. a municipal corporatioo. The City Manager is bereby authorized to take any actions under this Sublease on behalf of City except. for termination of this SUblease. Clauses in tbis Sublease refer to specific officers or employees of City. Sboulc:l these posltioos be eliminated or the titles changed. it is understood and agreed that such references shall be coosldered to be to the new title for renamed positions or to the replacement official designated with the responsibilities ~f any eliminated position. 2. PARTNERSHIP/CORPORATE AUTHORITY" "lABILITY (RL 27.2) S_ If VMPA is a part.nership .. t.hen each general pdrtner; A. represents and warrants that the partnership is a duly qualified partnership authorized to do business in Santa Clara County; and B. stall be jointly and severally liable for performance of the terms and provisions of this Sublease. If UMPA _is a corporation. then each individual signing this Sublease on behalf of OMPA represents and warrants that; A. he or sile is duly authorized t.o do SO in accordance with an adopted resolution of UMPA·S Board of Directors or in accordance with the Bylaws of the corporation; and B& UMPA is a duly qualified corporatiOD. authorized to do business in Santa Clara County. 3. TIME (RL 21.3) S Time is of the essence of tnis Sublease. 4 • ACCESS TO PREMISES NS UMPA agrees ~ to obstruct the sidewalks or entry passages to the Premises and vill use the same only as a means of passage tram its respective areas. UMPA and its employees and invitees shall not. park in the parking lot. licensed tor use to t.be :Red Cross. . ~~~-;,. ;-" -. ~. : .--, 5. SIGNS (RL 27.4} S UMPA Agrees not to Coa9truct~ mainta!n~ or allow any sign to be placed upon the Premiges except as lI'ay be approved by t.he City or City's_ Architectural Review Board. Unapproved signs, banners, flags etc: ... :nay be removed by City. o. PEiU'lITSAND LICENSES (RL 27.5) S CMPA shall be required to obtain any and all pennits and/or licenses which may be required in connection with the operation of,. and any approved UMPA construction upon,. the Premises as set forth in this SUblease Agreement. 7. MEC!!Al!lCS LIENS (XL 27.6) S UMPA shall at all times indemnify and save the City harmless from all claims,. lOBS or liability for labor or uaterials supplied in connection witb construction~ repair,. alteration,. or installation of structures,. improvements. equipment, or facilities within t.he Premises" and from t.he cost o-f defending against such cIa-iIr's. including attorney fees. UMPA shall provide the City with at least ten (10} days' written notice prior to coamencement of any work 'Which could give rtse to a mechanics lien or step notice.. T'ae City reserves t.he right to enter upon the Premises for t.he purposes of posting notIces of non~responsibility~ In the event a lien is imposed upon the Premises as a result of such construction. repair. alteration. or installation. UMPA shall either: A.. Record a valid release of lien; or B. Deposit sufficient cash with the City to cover the amount of the claim or lien in question and aut.horize paymEnt to the extent of said de~it to any subsequent judgment holder that may arise as a matter of public record from litigation ~th regard to lienholder claiw; er C.. Procure and record a bond in accordance with Section 3143 of the California Civil Code vhich frees the Premises from the claim o,f the lien or from any action brought to foreclose the lien .. S~~ld L~A fail to accomplish one of ~he three optional actions within fift.een US) days after the filing of such a lien.. the Sublease shall be in default and may be subject to ilT'mediate teminatioc. S. ORGANIMTION AND RULES OF CONSfiOCTION (RL n. 7) S Words of t.he masculine gendex shall be dee!!led and construed to include corre1.a.tive words o-f the feminine and neuter genders .. Unless the conLext o<herwise indicates I words importing the '-:... '--." :; . _-./ , .- -.-. " singular number shall include tbe plural nu."'I'lber a.ad vice versa ... and words i..zrlporting persons shall include corporations and assoc iatiODB 1 in~luding public bodies, as vell as natural persons. The terms -hereby-, ·here~t·, -hereto·1 -herein-. -hereunder-and uy-eimiiar t.erms. as used in this agreemen.t. refer t.o this S-.1blease. All the terms and provisions bereof shall be construed to effectuate tbe purposes set forth hereiil l and t.o sustain the validity hereof. The titles &nd headings of t.he secticns of t.his Sublease have been inserted for convenience of reference only. are ~ to be considered a part hereof and shall not in any way lrY ... xiify or restrict any of tbe terms of provisions hereof or be considered or given any effect in construing this Subleas'E! or any provision hereof in ascertaining in,tent, if any question of intent shall arise. 9. AMENDMENTS (RL 21.8) S This Sublease sets fort.h all of the agreeIl1.ent.B and understandingB of the parties and any modificatIons must be written and properly executed by both parties. 10. UNLAWFUL USE (lUz 21.9) S UMPA agrees that no improvements shall be erected ... placed upon, operated.. nor maintained within t.he premises. nor any business cODducted or carried on therein or therefram l in violation of the t.erms: O-t this SUblease. or c,f any regulation l order -of law .. statute ... ,law, or ordinance .of a govermnen,tal agency having juris dicticn over OMPA"S use of the Premises. 11. NOh"DISCRIKINATION (RL 21.10) S tJMPA and its employees shall not. discriminate against any person because of racel.r~ligiOD. color .. ancestry .. age .. gender, national origin or disability. UMPA shall not discriminate against any employee or applicant for ~loymen,t because of race l co19r .. religion .. aneestry~ sender .. age. national ori9in or disability~ UMPA covenants to meet all requirements o'f t.be Palo Alto MLlnicipal Code pertaIning to nondiscrimination in en-.ployment. If tiMPA is found in violation of the nondiscrimination prOVision of the State of California paiy Rrnp~oyment Practices Act or similar provisions of federal law or executive order in the cooduct of their activitIes undeI,' this Sublease by the State of California Fair Employmen~ Practices Commdssion or the equi~ent federal agency or officer .. it ehall thereby be found in material breach of this SlWlease. City shall then have the power to cancel or suspend this Sublease .. in whole or in part. 1 ' -,..'. /' .... ...-.' ,~ ~ .' •.. -~-.~."'"---:,~-.. -.. -. ..:..-:....:..~.~, o 12. HOLD IlARMLBSS (IU, 27 .121 S UMPA hereby waives all claims and recou.rse against the City .. including the right of contribution for lOBS or damage of persons or proper"Cy rising from... growing out of or in any way connectad with or related to t.his Sublease except claims arising from the concurrent or sole negligence of the City. its officers~ agents. arid enployees. llMPA hereby agrees to indemnify. hold harmless and defend the City .. its officers .. agents, and employees against any and all claims.. loss, demands .. damages .. cost, expenses or liability costs arIsing out of the operation or maintenance of the property descrtbed h~rein except for liability arising out of the coocurrent or sole negligence of ~he City .. its officers. agents or employees .. including the cost o·! defense of any lawsuit arising t.herefrom. In -the event the City is named as co-defendant .. UMPA shall notify t.he City .of such tact and shall represent the City in such legal acticn unless the City undertakes to represent itself as co-defendan·t in such legal action .. in Which event UMPA shall pay to the City its litigation costs.t expenses and attorneys· fees. In the event judgment is entered against the City and UMPA because of the concurrent: negligence of the City and UMPA, their officers .. agen·ts .. or employees l an appor~ionment of liability to pay such judgment sha~l be made by a court of competent jurisdic~iOD. Neither party ahall request a jury apportionment. 13. TAXES AND ASSESSMENTS {RL 21.131 s This S\Jl:Ilease may -create a possessory in·terest which is subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and asses8l'l'eDts iincluding but not lImited to said possessory interest tax) which becane due and payahle upon the Premises or upon fixtures.. equipm~nt. or other property installed or constructed. thereon .. shall be the full responsibility of UMPA and UMPA shall pay said taxes and assessments prior to delinquency. 14. SOCCES-~RS IN INTEREST (RL 27.141 S Unless otherwise provided in this Sublease. the provisions contained herein shall apply to and bind the heirs~ successors .. execu·tors. ad!llinistrators. a.od assi-;-.i.ls of all parties hereto~ all of vbcm shall be jointly and sever-ally liable hereunder .. 15. CIRCUMSTAN<::ES WIU CH EXCUSE PERFORMANCE I FOkC!! MAJlruRE) (RL 27.15}S If eIther part.y hereto shall be delayed or prevented trOO1 the performance of any act required hereunder by reason ot act.s of God~ restrictive govermnental laws or regulations.. or other i:ause without fault and beyond tile control of tile party obligated (financial inability excepted}.. performance of su,ch act shall be excused for t.he period of delay and the period for the performan<:e of any such act sball be extended for a perIod equivalent to the period of such delay. ,-. --. ;: o 16. PAR"l'IAI, IN"v'ALIDITY (RL 27.15) S If any prCIVi.ion o! ~bi. SUblease is determined to be invalid, void. or une~forceable. by a c~~rt of competent jurisdiction, the remainder or tbe provipions hereof sball remain in full force and effect and shall in DO way be affected, impaired, or invalidated thereby. 17 • lilUVl!R OF UGlI'l'S (RL 21.11) S The failure of the City or UMPA to insist upon strict performance of any of the tenr.s. covenants.. or conditions of this: SUbleas.e shall not; be deemed. a ..... iver of =y right or remedy that the City or OOA may have ... and shall not. be deemed a waiver of t.he right to require strict perf~rmanoe of all terms .. covenants .. and conditions or the SUblease t.hereafter. nor a waiver of any remedy for t.be subsequent breach or default of any prCT~ision of t.he Sublease. 1 B. COSTS OF SUSTADUNG AN Ao..."l'ION FOR BREACH OR DEFAULT (RL 27. 19 ) S In the even-t either the City or UMPA COCl!lences legal action against t.he other claiming a breach or default of t.his Sublease,. the prevailing party in such litigation shall be €utitled to recover from. the other the cost o·f Bustaining su-ch action.. including reasonable attorney fees¥ as may be fixed by the Court. 19. RESERVATIONS TO CITY OiL 27.19) S The Premises are accept:ed in its -ClS is· -condition by UMPA subject: to any and all existing easements and encumbrances. The City reserves the rigbt to install l lay,. constru~t. maintain .. repair. and operate sllch sanitary sewers. drains,. storm water severs .. pipelines. manholes. and connectioos; water.. oil~ and gas pipe lines; telephone, tel~raph .. cable T.V.~ and power lines; and the appliances and appUrtenances necessary or coavenient foy connection therewith. in. O'\rer .. upon .. througb .. across and along the Premises or any part thereof, and to enter the Premises fer any and all sucb purposes. The City also reserves the righ~ to grant franchises,. easements ... rights of way,. and permits,. in. over, upon~ through~ acr_oss ... and along any and all portions of t.ha premises. No right res~rved by the City in this clause ahall be so exercised as to interfere unreasonably with UMPA~S operation hereunder. The City agrees that rights granted to third parties by reason of this clause shall contain provisions that the surface of the land shall be restored as nearly as practicable to the original condition upon the completion of any constru.ction. 20. CONDITION OF PREMISES AT THE TIME OF CONTRA<:TrNG lNS) At the CClIImE!ncement. of t!le Sublease.. UMPA shall accept. the buildings. improvemen~s. and equipment .. if any. in their exi~tiog condition and state Of repair, and tJMPA agrees that no • representations, statements, or warranties. express or implied, have be<m made by or on behal f of Ci ty in respect thereto except as cont.ained in the provisiocs of thia Sublease, and the City f'.hall in no event be liable for any latent defects~ 21. CONDITION OF PREMISES tIPON TERMINATION (RL 27.21) S Upon tenMinatlon of this SUblease, exce~ as otherwise agreed to herein. CMPA shall redeliver possession of the Premises to the City in substantially the same condition that existe~ immediately prior to CMPA'S occupancy. reasonable wear and tear. flood. earthquakes. war., and _any act of war excepted~ The City and any representative thereof may inspects the Premises at all reasonable times duriog the regular business day to determine whetber UMPA is compliance with the provisions of this SUblease. 22. DISPOSITION OF ABANDONED PERSONAL PROPERTY (RL 21.22) S If L"!'ClA abandons the Premises or is dispossessed thereof by process of law or otherwise. title to any personal property belonging to UMPA and left on the Premises forty-five {451 days after su'ch abandonment or disposs.ession shall be deemed to :have been transferred to the City. Tb~ City shall have the right to remove and to dispose of such property ~~thout liability therefor to UMPA or to any person claiming under UMPA., and shall have no need to account therefcr~ 23. QUITCLAIM OF UMPA'S INTEREST UPON TERMINATION (RL 27.23) S upon te~ination of this SUblease for any reason~ including but DOt limited to termination because of default by UMPA., UMPA~ at the City·s request ... shall execu'te, acknovledge and deliver to the City within five {S) days aft.er receipt of written demand thereof ... a good and suffici~~t deed whereby all rights~ title. and interest of UMPA in the Premises ... are quitclaimed to the City. Should UMPA fail or refuse to deliver the required deed to ~he City, the City may prepare and record a notice reciting the failure of t.'MPA to execute., acknowledge and deliver such deed and said notice shall be conclusive evidence of the ter.mination of this Subleas~~ and of all rigot of UMPA or those claiming under UMPA in and to the Premises. 24. CITY'S RIGHT TO RE·ENTER (RL 27.241 S UMPA agrees to yield and peaceably deliver possession of the Premises to the City on the date of te~nation of this Sublease., whatsoever the reason for such terminatioo. upon giving written notice of termination to L~A~ the City shall ~.ave the right to re-enter and take P9sseseion of the Pr~18es on the date such termination becomes effective without further ~1ce of any kind and without institution of summary or r~~l&r legal proceedings. Termination o'f the Sublease and re-entry or the Premises by City shall in no way alter or diminish any obligation of UMPA under the Sublease and shall ~ ~onBtitute an acce~ance • . , o or surrender .. UMPA waIves any and all right of redeJl9l:ioo under any existing or future law or statute in the event Of eviction from or dispoea~sB!OQ of the Premises for any reasoc or in the event the City re-enters and lawfully re·take8 possession of the Premises. 2S. CONFLICT OF INTEREST (RL 27.'SI S UMPA warrant. ~~ covenants that 00 official or employee of the City nor any business entity in Yhtch any official or employee of ~ City 1. interested has been employed or retained to solicit or aide tn the procuring of this ~~lease Or vlll be employed in the performance of this ~~lease ~thout the dIvulgence of suc~ fact to the City. In the event that the City ".termines that the employment of any ~JCh official, employee or bustn" •• entity is not compatible vith such official's or employee'. duties as ~ official or employee of the City. UMPA upon request of the City shall iIm'edia.tely tet:mina.t.e such eq>loymen.t. Vi.ol&t (00. of this provision constitutes a material breach of thl. SUblease and the City may terminate this Sublease therefor~ In the event the whole or any part of the Premises are condemned by a public entIty in t.he lawf\Jl exercise of its power of eminent: domain. this Sublease shall cease &6 ~o the paT~ condemned. The date ~ such termination sball be the effective date of possession of the whole or part of the premises by t.he condemning public entity. -H only a part is condemned and the condemnation of that part does ~ substantially ~ir the .capacit.y of t.he remainder to be used for the purposes required by this Sublease Agreement, UMPA shall CODtinue to be bound by ~he terms, covenan~s and condition Qf this SUblease.. However .. the then curt'ent • .inimum annual rent, if .any, shall be reduced in proportioo to the rela.tionship that the compensation paid IYf the condemning public entity for the portion cond.eEtm.ed. bears to the valu~s of the entire Premises as of the date of possessioc of the part COIldeamed. rt the condemnatioa of a part of !:he Premises substantially impairs the capacity of the r""",iodel: to be used for the purposes required by this SUblease. UMPA may: A. Tenllinate this SUblease and thereby be absolved of obligations uDder this SUblease ~hich hav~ net ac~rued as of the date of possession by the condemning public entity; or B~ COntioo~ to occupy the remaining Premises and thereby cont.inue to be bound by the p<:ovisions of ~his SUl:>le=e. If IlMPA elects to continue in possessloc. of t.he remainder of the Premises.. the then current annual minimum rent.a.~ ... if any .. shall be :redu-ced in proportion to the relationship that the compensation paid by the eoodemning public entity fer the part condemned bears to the value of the entire Premises as of the date of possession • by the condemning public entity. UMPA shall provide the City written ~ice advising th~ City of alPA'S choice within 30 days of possession of the part coodemned by the condemning pUblic entity. The City shall be entitled to and shall receive all compensation . related to the CODdemnation of all or a part of the Premises by the exercise of Eminent Domain except that UMPA shall be entitled to that portion of the compensati~ wbich represents the value of the UMPA constructed improvements for the remainder of the term of this SUblease. The amount to which UMPA shall be entitled shall n~ exceed t'!"~ actual cost of i.rrprO'VerneDts constructed by UMPA reduced in proportion to the relatiOO#lhip of t.he remaining term to t.he original term. 21. POST· ACQUISITION TENANCY (lU. 27.28) S U!P.', he:l!el'ij aeialealeEiges tbat its eeeI:fl!9B:] sf t:lie p:E"e!M:ses ie s~eeEfd:eBt: toe ael{'l1ieitteft af 'f:se P'lEe£aeee '5) Ci~y. T...R§'A ft:lt'Et.her l:Jftde!'Bt:MI'is aft!! ag-J:'ees 'Eflait: !is a pest: aeqttisitiea t:l!B?J: .. tlU!?.': is eM: eligible aea fClztJae9tSfe 43:h S9 all ela1:!rts fer :f'eleeatieB aesis!::etftee ana hefl:efite l;H!eJe'!' fese;ral s'f.ate BE' le:al law. Not a.pplicable. 2 B • HAZARDOUS SUBSTANCES (IlL 27. 29 J S No 9QOds ... merchandise or material shall be kept., stored or sold in Premises which are in any way explosive.. hazardous.. toxic or radioactive.. including, but not limited to. tr.cOSe materials identified in Sections 66680 and 66685 of Title 22 of the callfornia COde of Regulations, Division ., Chapter 30 .. as amended from time to t.ime; and. DO offensive or dangerous trade, business or occupation shall be ·carried on therein or thereon, and oot.h1ng shall be done on or from -the Premises other than as provided for in t.his Sublease which will increase the rate of or suspend the insurance upon.. the Premises or upon adjacent buildings or other structures of t.he City. No machInery or apparat~s shall be 'Jse,j. or operated on the Premises which will in any Yay injure the Preroises or adjacent buildings ... provided.. however... that nothing in this paragraph contained sball preclude UMPA fr~ bringing. keeping or using on or about the Premises and buildings such materials .. supplies. equiprent a.c.d-machinery as are necessary or customary in carrying O'.lt. the requ.ired <'r approved optional uses of the Sublease. In t.he event such uses include the keeping or storage of infla.Jl"l!\able or explosive substances.. su-ch s\.l.bstances shall be stored in closed containers .. and snall be stored, used or d.ispensed in the ~anner prescribed by the regulations of City or ocher public body having authority in the matter r and in any event. in the safest poesible manner. 29. ALL COVBNANTS ARB CONDITIONS (lU. 27.30) S All provisions of the Sublease Agreement are expressly made • conditions . • 0. PARTIES OF INTEREST (Rl< 27.311 S ~h1ng in this Sublease. expressed or implied. is intended to. or shall be construed eo, confer upon oz to give to any person or party ~her than the City and UMPA any rIghts, remedies or claims undet or by reason of th1s agree:r.ent or any covenants, condition or stipulation her-eo·f. All covenant a, stipulations .. promises and agreements in this -S-ublease shall be fo-r the sole and exclusive benefit of the City and UMPA. 31. ABCORDATION 01' SlIBLEASB (n 27.321 S Neither the City nor UMPA shall record this Sublease; bowever i a soort.-fonD memorandum of lea.se ray be recorded at the City's request. G PHASE I @ PHASE: ]I. .,--, -'" .. -. ATTACHMENT THRS! City o~al0 Alto Department of Finance REAL ESTATE DIVISION {USl 329-2671 !<arch 3, lHS James St-ryker Spectrum Foods~ Inc. 611 Front Street San Francisco, CA ,4111 ~e:. MacArthur Park Restaura!'l,t, .Palo Alto Dear Mr. Stryker: The City of Palo Alto is prepariog to enter illto an agreement ~th the Urban ~inistry for a 5400 sq. ft. lot of land located nortb of t11e Red Cross building-and northern par~ing lot, (see attached map}. Th~ Urban Ministry is proposing to establish a Homeless Garden Entrepreneurjal froject at the site. Th~ project is being called ·Fi~ld of Drea~s· and advisors from th~ Santa Cruz, Berkeley and San Francisco Homeleas Gardens have offered te~hnical assistan~e. The vegetables grawn at the site would be sold to area restal.!rants a.nd produce market.s and used to replenish the free meals program. In addition to beautifying tbe area the homeless clien,ts working in the garden will receive payment for tbeir labor frem the A-~ber Way Campaign proceeds. This project is anticipated to start sometime ~thin the next feY montr~. 1f)~ ~ould like any additional information about the Froject~ please feel free to call David Martins Administrator of RUman Services~ at (41S} 3~9-2639. Sincerely, ,;/ .'/ 7/.'~ )' , -'-Martha E. Miller Real Property Analyst cc: Leoni Batkin David Martin ',0. Box J(J2S(J 'ala Alto. C.4 J4J()] 4}jl32J..};.4I Fax I- . - .. ! (:7 I: (. ! 1 --' '"1i: • / -' ! ! ! ~ y i l :z ~ 'W 'i'! o ::: i w ;, ... -J • g ..... '" -_N ..... t;"- co ~ -<> '" ~ ... C toJ ~_ c ::; c; .... L C ~ co -c; U L C ~ , .. ",' " .!' r ATTACHMENT FOUR City ojl?alo Alto REAL ESTATE DIVISION 415/J2;I-2577 March J. lS35 Margaret Donohoe . Palo Alto Chapter Arr.erican F_ed Cross "400 Mitchell Lane Palo Alto. CA 94301 RE: Urban Minisery Garden Project Dear Ks. [lOnohc.e! De]XU1merJ of Finance The City of Palo Alto is preparing to enter into an agreement with tbe Urban ~nistry for a 5400 sq.ft. lot of land located just north of tbe Red Cross building. The Urban Ministry is proposing to establish a Homeless Garden Entrepreneurial Project at tbe site. The project is being called -Field of Dreams· ~~ advisors from the Sant.a Cruz.. Serkeley and San Francisco Homeless Gardens have offered technical 2.ssistance. The vegetables grown at the site ,,""OUld be sold to area restaurants and produce markets and used -to replenish the free meals program. !n addition to beautifying the area the homeless clients working in the garden will receive paymen·t for t.beir labor from the Ar..other way Campaign proceeds. This project is anticipated to start s~etime wit.hin the next fe"" months. If you ... ould like any addi~icna.l infcl.1I'.aticn ab:>'.lt the project, please feel free to call Dayid Martin, Administrator of Hu.:nan Services .. at (415J 3:2:51-:639. ,<, -~ j('/ /" -/~;~.: .. >?'-_ .. / ::! (, Martha E. )liller' Real Property .A."1alyst cc: Le0i1i Batkin David :Martin .f,o. 8m JO]j(J l'ala Aba, CA 94301 4}5I32~174J Fax ATTACHMENT SEVEN October 2$, 1994 lEITF.R OF INT£NT I am writing lOinfO<lIl you of our intention to establish a homeless garden project on approximately 5400 sq ft of land adjacent to the American Red Cross building in Palo Alto loc aled just 50lllh of El Camino Real. Our goals for this project are three-fold: \. to create jobs and ;raining for homeless individuals in organic gardening and fanning and related fields; 2. to provide a safge, healing and mutually suppO<1I ve environment in which homeless and marginali2ed people tan begin IC> - regain a sense of worth and purpose through productive labor in the soil; 3. 10 develop a commercial marleel garden which woo}d gIow organic produce I<> be sold I<>.loc:al restaurant5, natural food Slore~ and Fanner's Markets. Such a garden would use Ecology Action's bio-intensive, raised· bed method of gardening, 3.11<1 wookl hope 10 employ 12· 15 homeless gardenet$ (part-time) Its first year. To pursue these ends, our project has several immediale needs--· I. Water supply 2. Wood or metal fence around· per'.meter of garden slte. 3. Hand tools: shovels, spades, foro, rakes, wheelbarrows, elC. 4. Tool/storage s!led I<> be located on garden site. Also, we envision this garden project as entirely a community-based effort • which uses the resources of both housed and unlloosed alike. and which fosters a spirit of mutua! aid and aceeprance for an I.lJose who panicipate. . -r;;". ""p. ',1.1< IL, . "","'. S"-(!.'l of ?'" c It another locatloo, be ~.n go a~e.d and do that. It I, Ju,t not. part of the Igr •• ment, bot be ~.n ,ortai'" do t~.t for th.lr con •• ,loo,o If th.t would he1, .1. t~ l •• se the "nits. I would be happy to '"pport that, because conceptua11,. wt do need to ~ate some allowances tD e~c~~ri;e 1hlng units i. ar ... $lI<:h as this one. CommIssioner Carrasco: Jon ~as repeated this stvera' times, that if we Ire gQing to get serious abo~t providing bous;cg fa an expensi~e envl"nmeot lite downtown, we do need to rel •• other "gulotions. T_Is one s .... llh I 9000 one to rellx. \0 other slt .. tlons 'OIle" you do 1I1ve •• fxe4 use preject. there ITe ,acant spaces left open f~ underg~Dund office buildings that ,an be .sed during the ,Ight, and I think tils Is a 9000 one to delote. So I will support the motion. Chl! ... n Olatlan, 1.\11 support the motion for the same ,e,sons. It Is .ery si.llar, f. a sllghtll different Wi,. to what we did with the Byxbee Rouse pr~jec!. It was retail, 1m I sense, with ~ousjo9 coupl~d to rich Dt~er. ~tre we relaxed the ~arkfng require~ent5. We saw the benefit of ~ddlng t~. ho.sfng. MOTIQH PASSES: Chalrma. Oiakian: l.t.s vote on the am.nded .otlon by Commissioner Schink, s!conded b~ Commissioner Carrasc~. to delete Cor-dition '3 il the staff <onditlons. Is there any furtner discussion on t~f~ action? ~ll those lD favor , say Aye? Ala opposed? That pass!s on I voh of 4-0. with (omissloners Beeclla:ra a.!'J~ {usel absent. MOTION PASS£S: (hat~an Djakian: Tne next Eotio~ we have before us is the orlgi~al motion by (ommissioner Carrasto, seconded by myself. It was fD approve t~! staff recDmrnendati~n before ~s* and intludes i public benefit as»ect to incorporate publi~ art i~t~ tkis pr~ject as it is reviewed by an artist and the Public Art Commtssion. All those im favor, sa, Aye? All opposed? That pass-es on a vote Clf 4-0 , with (onmissloneTs . 8e.c~." and Cu,el absent. Since t~ts is a PC proc~ss, the next st~p ift the process is t~at tftTs goes bact to the architecturil revl~w bOi~ for a final revlew~ That lS scbe~.l.d for them on JulJ Etk. ,he. It will retur. to t~o planning commission for our final apprc¥i1. That is igendized for August 9th. After that. it goes OD to the cit, ccunc11, and it is agendiled there on SeptEmber 11th. Com.Ts$jpper $c.ink: I vant to compliment lorraine Weiss on an excellent staff report. [t ~as ~ery thorough and easy t~ read. I appreciated it. en.ln."n Oja\Ian, During the breaA, It was suggested t. ~ that It .. 16. Compre~ensfve 'Jan Phase [I Aecommendations. be continued to o~r June 28th .. oti"g. Do other commfssioners find that acceptable? (Yes; Hopef,ll" it vill be on. of the first items. er~ Sc~r@jber: It will be the second cf two ite~s. r~ere .nll be an appeal taten up first. AGENDA ITEM 5 HOMELESS GAROfN' flanning CommissfDn recommendation t. the cit1 council on a proposed e~trepreneurill bomeless 06/14/95 -31· .--r " ~': .. --",. " ~ :~j. ' . . ;: ';';-:;-._; ,arden project at [1 '.mlno Fark on a ~ •• OO-sq".re-foot plot near the Red tross Office. En,lronment.l Asse$saent: (.t~rlc.'ll exe~pt. fl1 .... 95-0-3. .\ :>~~:: .. -i - fto_ lytIc: I would 11k. t. 'otrod"ce Dav!e! Marti'. Admlnfstr,t.r of n ... n So,,!,o •• ~o fs the ••• agor of thIs project. K. is bere to pr ••• nt the .taff nport. DaVfd "artfa: The hooe1ess garden project •• n!,~ ~.s ~ ••• n.med the fftld of Dreams by the clIent popul.tt.n of the Urban MinIstry. came t. Our offlc. last A"9ust. both froa the h .... less popuhtloo and froll Too Flrkh. Miniger of Yolunteer Servfces fa. t~o Urban Mi.lstry. St.ff .ought Ylrfous 10<1t10n5, revitwed yarioas 'ocations .nthfa t~e cit}. to see ~ere one coole! .lte .uch • project. They {o"nd the oost beneflchl .It. t. be [1 (oaf no Fark. Til. proJect of S.4OU ,quare feet .n)l be sited south of the fl Camino ballfl.1d, north of the Red Cro •• northe .. parking lot. west of the tral. st,tlon northera parking lot. ,nd ~ast Df II Camino Roll. It will .1$0 be north of tho pedestri.n bike path whIch .eparot •• th.t land between the Red CrDs, building and the b,llfi.ld. Regarding antiCipated improvements of tn. gardeos. ,taff feels thore are five of t~e~. ffrst. it is a~ cpportunitJ to provide ~Qrk for t~e home1ess a~d It-ris\ of ~Qmelessness po~ulatfoa. Second~ it provldes the development of an entrepreneurial opport~nitJ to ~arket and sell prod~ct ~reated at t~e garden. T_ird~ jt .ould beautify the area~ ~f" currentlJ houses I .mustard -.reed jU!1gie. 'f{lurth. it offers .. spiritual and soothfng a,tlYltl to • client population Which enaures Quite. bit or stress fro. dal to day. Flft~. II provides an opportunitl t. l •• r. I trade l. deyeloping the garde •• V. se. this .s • pIlot project. V. ~.ve ~ad discwssfons ~t~ Stanford~ and dfscusS;Gns .nt~ ~arjous depart~er.ts fR·t~e cIt, --Public Vorks. ~t;lit!.s, P1an.;ng, Parks, the Cit, Hanager's offlte. the City Attorney's office and Re.l Estate. Also, ~any di"u.slon. with the Urb.n Mf.'stry. Staff hi. met wit~ a number of the client populatlo., .s -.1\ as t~e Urban ~i.i'try. out it t~. site .nd ha, gone Dver YirfDUS f$s~e$. Stiff is jl the process of developir.g 1 .ubl •• se with Sta.ford and the Urtan "i.i,tT1 and the cit,. ~. do Dot hive that ,"blea.e att.cbed t. the proposal I. front of yoa. but we will ~,ve tne sub1tase befo~ t'is ~ves f~rward to the city council. Vte envis10n an annual renewal t~ atiUg.ate any issIJes V.a.t ilia), c.ome up .. St.nford ha. isked that the longevit, of the le.so be no roore than ,eyen years. As you know. there I. lot. of discussion regaroiog pote.tlal futwre uses Df t~it site. The pr~Ject ~anager fm the Urban ~ilistry realizes U15 15 I ,not project.' a.nd realizes also that tllis "as I seveR-year life span. as we are ta1kfng rlg~t DOW. If program effectiveness Is dete .. ined by the gardeR. ,t.ff will .ssfst the Urban Niolstrl tl re,iti09 the project .own the roa1. II tenas of <it, lavolvemertt-l tJP front it 15 substantial ~ Down the road. it i. lillmal. The Utilities Dep.rtment will be bringing water ,ervlc. t. the sIte. Whlc_ It does not turrentll have. The tIt} will be providing water free of charge. as Ye do for the other cQmm~nitJ ~ardens, and the Urban ",olstrl will .sslst It deve10ping tne irrig.tion. Seyond that. the project will be ••• aged by Urban ~i.jstry ,t.ff and a tadre of volunt.ers from tne tlient pOp.litlo •. 06/14/95 -32- '- Regardf09 the p01'c~ th.me, ~ou will r .... ~r that I.st f.ll, we h.d many aggreufve panhandling .ad Jtoe task fcrce lI!eet~Dg$ where ene of Vre !IIaf • .. ",tlog fssues th,t cane out w" the lack of opportunities for thls pop.'ltlon Ind lack of ,er,lcl iv.ll.bllity for t~ls po~ulltlon. Staff feel. th.t tll. 1. I good opportunity to develop programs Which may, Indeed, .ltl9.t •• ome of the p.nhandling Issues, IS well IS provIde ,ltoro.tlve occup.tlons and .cli.itie. for tkls client popul.tion. ~it~ that, I all ready for Q.1J.ut1ons~ Chalnoan Oi •• I,.: Are th.re qu.stions for .t.ff? Cqmmii$1oner Sc.'nl: I d~d~/t set any indicatIon in ~ere is tD whether there would b. a.' tlnd Df r~str.cms, port.ble or olherwi.e. Is that contemphted? Pr. ~artil: Staff hiS not t~~~ght f. terms cf having rest rooms available there. There are restrooms not too far to the ~orth It £1 Camina Park, c.urrentl,. The oD1, structure wr antfc*pate there 'Will be a 9arce:a sfled. a tooi shed to ho~st the tools. a~d I fEnce ~rected Jround t~e 5.400·square·foot propertl~ Those i:"e Ut! 0111, physical improllemefit5 .. F'~S brlng;~g ia thE water strvice tD prow~~e irrlgation. Beyond t~atl we see na other structures there. {ommfssioner Sc~ink: 00 you t~ink it would be reasonable to try and incorporate some lind ~f porta~le tOilet? ftr. Mart;.: St.ff;s <ertlio1, "ot oppo •• d to 1001ing at t~.t. !Qmrnlssigner Schm;dt~ Are t~ere rtstrooms available fl the Red Cross facl1!t1 th.! ~ould b. u.ed! ~. ~rtjl: Yes. there are restrooms avaIlable fa the Red trQ~s. facjlitJ~ I a~ ~ot sur~ ~at the usage fact~r is for tne Urban ~il1stry clientele. I lnow they have a program il the back i. the morling wb1c). ~sed to have bat~rDo~ IViilabl1ity. I am not sure what t~e present stat~s ar that Is. W. dQ h.ve Olaf lldums, t~e (xecutl.! Girectcr of the Urb.n ~flfstr1 and Tom Pirkl!, t~e Prejett ~anagei~ present tonight ~ho vill be speating later. Maybe ~e Cin address that issue. Commissioner CirrlscQ: 1 ~ave I question T!garding the fence. Is that something that is going to be designed and go to the archltecturil review board? (Tos) A second questlo. is that J do not r.l1, unde'stand t~l. relationship between pan~andll~g and t~e garde~. How do they connect? ~. ~rtf~: Jhe1 are connected 51 te~s of ~hat ve have heard l lot ibo~t f. dfscu5sions ~th the client population of the Urban ~iBi5tr~ t~at there is a lac\ Df opportunity ta create i~come and te bring 11 fundin9. So il .an, cases~ ~an~andli~g is t~e onlJ resort fer I segment ef tbis popul.tio.. St.ff f •• l. that it o.y be • l.ap, but staff f •• l. t~at by providing anot~er opportunitl (or ga;~fll eroplDy~ent, some of the peo~le corrently panhandlIng will I.st •• o e.rl stipends frD~ the garden. It I. a"tfc;p.te~ that s.l.ri.s Dr .tipends will be paio from two sources. One Is from the .ale of produc. r.ised .t the garden and s01d to markets .nd grocery stores .. and also f~nds fr~ the ~n'ted Wi! campaign, wbicb ~as ral.ed over $28,000, to date. Half of that 1I1Qney go •• t. the U~ban ~i.i.tTl and half goes to ~iramoDt. Menta' ~e.lt~. We ha,. been told by 06/14/95 ·33· • the Urban Riolstry that. portion Df those funa. would be .sea t. pay stipend. for people working la t~egard.n. So .taff just made t~. l.ap that some peopl. who Ire per~aps panhandling no. due t. '.e\ of other option. will baY. other options. Cha'noan Ol,tl'n: Is Ar. Plrtl. considered tne applIcant I. t~ls cas •• or I. the cIt] the ,prlle,nt? lis. lrtlt: Thoro is not .tt .. llJ an 'pp1itltlon. Uis Is a cIty· Ilitllted park ImprovemeDt ordinioco. Since It I •• park improvement and an exterior ~li;ea\lc" t •• public fatlllt,. bath the ,r('itect.ril revl~ ba,rd and ,laonin9 commIssion have jurisdiction I. mating TKOfIIIlOnd.tlons te council on til ... !lIIl'rov .... nto. ~. e.rtl,: lbere ar. two staff me~ber. pr •• ent tonlsht. Olaf lidums. Execrt!ve Ci<ECtor and Too Pirkle. Project Manager of the garden. Olaf lfdum$, O;rettor Of th' Urban 8j~f$tr1: I I~ not ~ere to speak to I l.t of dot.ll •• whl~\ ftr. Pirtle. our coordinator of the project. ~ill do. J wcu1d lite to g; •• a perspective. I thin~ the first thing that needs to be said is that the strang impetus~ the energy, the ent~usii$m~ came frOM the homeless popalatiod first. Ilis ~s i project that really excitts .any Qf the stre~t community leaders. They are very ~omm;tte~ to .atfng j, ~ri. Thus we are operating i. I vary cQllaDoratfve ~anner te oversee the project. but the ~a~ds'D~ operltfon cf it, the ~anagement of 11* tey pbases, lite the management of t~e Qreen~ouse* t~e management Df .arteting, will be dene by representatfves fro~ the ~er1 low ioccme unhoused and housed people. The .alue of this project is t~at it become an entrepreneurial project for the bomeless ,ommunity, run by the bomeT!ss communit,. ~th ~s ;s t~e formal lfnl, kind gf a~ overseer. SG there are a number Gf peop" Who wert t21_ ilitiall,. fa stlrtf~g to -discuss Ui's concept. 'We'ire reallJ ucited' about Uis COrlcept fJf it homeless 9lrdeg being aone ia Santa Crwz a~ other ~1aces, with great success, so as t~e report said. we have learned from these successf.l projects. It is not like we are reioventing the .meel. We are .pplyins it ber~. Homeless communitJ lQ~ders, lite tlrrl Duncan and ethers, ~ave speirb~aded this and have been part cf t"ls. At o~e partlcular phase, you ~f9ht say we toot ever to ~rk it throug~ the b~reaucritic steps, but now that we are back to gett~ng on the gro~nd. we iTe 19ai~ reaffirming that -nh is tno1,7 a c.llaboratlve effort. It Is very important for the ~ome'ess (OmmunltJ to \no~ that t~1s is I strong ~o'laborat've Effcrt. in a seAS. owned b1 the borneless communit,7 wit' the recognition that str~turll', and bureaucraticlll" ~e need to be tied tGgether iete t~is. J bope that ;$ .ery cl.,r. By the way, I r.il1y like D,vid', report. I t~ir.t it is solid; it addresses the issues very clearl] and very ~ell. Ye are reall! committed to alternatives. ~fable alternatives. that can ~nbante the dignit, of verl low incDme ~n~~used and ~oused peo~~t. So· t~ls. I think, is • b •• utlf.l example of 'uc~. We have other job projects i. the wor\s, as ~". but I do not ~nt t. emp~1$i2e those r19~t n~. IRstead of ~aving • ~~ on t~2 ~omeless. let's ~ave I war DC povertJ. I knew t~'\,1s 1ft old phTise , and ~aybe ;t is pass~. but I see us as a community that can take forward·re.c~ing, collaborative way, to work with t~e ~eTI poor il our community ;1 Pcs\t;~e~ construttive ways~ I see t~i$ is a beautlf.l project for this. I thInk t~e partle,lars that h.,. b.e. addressed. ~irtic~lir issues lite vhether it vi11 be fenced~ will it be 1 06jlV9S .3(. • ".,.-. )' ) dece.t f_nce, will it ~ In .ttroctl •• ~l.ce, will It be • protected ,lace, an of tho •• are 'poke .... n to II the roport. If you b •• _ .ny ,peclflc questions, Mr. Pirkle can addre .. the.. I J",t waot to 91 .. the perspectl,. that we are really committed t~ jobs, jobs, jobs. The beauty of this I. the combl.atlon of the splrituility of worklog wlt_ the gar6eo, working fo the soIl. whIch 5 •• '15 t. do something t. people, .nt~ the ~um." commuDlt1, the caring co,my.ity, to he'p very wounded people to get back t. being •• franchl.ed, r.ther t~.n dlsenfr.nc~l.ed. rhat is the ~.y. It ~come. like I brl6ge Icllvltl for people to st.rt dev.loplng their own dig.!t, by doing something very worthwhIle and contribute toward the comouoltl by selling t. markets and .1,. by providing for meals for the ver1 POOT people. So it " j~sl a ~I~ -na. wi. (Qr the community. for the disenfr.nc~ls.d, ••• process of becomiog enfranc)lsed and kind of stortlng to dispel t~. ootID. thit .11 very poor, unhcu,e1 people are lazy people who just .ant to sit tt CDrnerS. That Is an unfair stereotype. The~f aTe people Who art laokfnq for I c~anc!. for the main part~ 1.is is I good project which beg IDs to re.lll give subst.nce to the thanee. ~ga~D. t~e real energy is comf~g fro~ the homeless communit,_ and we are just collaborating witl the. t. hel, tol, h.ppen on , structural level. That is t~e ~a;1 thiDg I wanted to say_ Commissjpner CarraSC9: Whl1t my gut feeling says this is i neat idea. I still cannot gras, wtit is the real benefit. Are you teach1cg peop1e to ~r\ to get bact ~~tQ being productive members of societ,? 00 you ~a~e othe~ ;rograms~ ether t~an gat~enin9, other than productng fa~ products? Why il tHs loclt!an? . Mr: Lfdums: Right DOW. one example of our commitme~t to wSabTe alttrn)tt~~s to panhandl~~g is lite our homeless l&wn service. ~here QP ta • ~a"df.l of people ~ork lawns. The1 do exc.llent wor~. We have bad IS or 16 ~UCR op~Qrtuntt\ts, $0 far. and peGPle ire SD pleased. They say. ~e ~11 W1nt lOU bact whe~ we nee~ your SerYlCeS agiil~ So t~at 1S in .xample of provfding alternatives that iTe dignif~in9~ communitJ-build109. I~d enfranc.jsi~g~ As far as lhe benefits of thfs ~omeless garden project are concerned'~-the benefit .. fa part. is defined by the fndhidual. by what they Deed. It m.y just be the benefit of contributiog with other people and just working the 50il~ That can be very nurturing and nouri$hfn9. for som~. it r.ay be. Gee. J'. becoming productive agai~, and w~o knows, this is exciting to be an entrepreneur: Maybe I want t~ beco~~ trained in bio-loteRslve sarde.ing methods a"d •• ybe .vent,.ll, sell ~yself t. the marketplace is someone Who is trained il t~is. So we do ~ave. is the report SIY5. tbe long~tenl goal. ~~a even the short·term goal. as QUlc\l, as ~e can, t~ tra;! people so t~at they can become market resources, at least il t~ls irea. Jes. J th'n~ it ~oes dignify people tc ~ave 1 viab1t alternative to ~rk. tD ~rk together with other people. and to contrib~te tG the tommunit) b1 wa, of t~~ marketp1ace and see retijrns. retui~S that contrlbute tc the program. There ire S~ ~anJ benefit5~ To, Fir~',: I a~ the Food Program ~an~ger and Wolunteer toordi~atDr. Jobs Oeveiopme~t Person for the Urba~ Mi.istry~ let me see if 1 Cin sketc\ fa q~ic\ly. from a very pragmatfc pOlct of view. what we ire trY1Pg to do ber~. EsseDtfa11" we want to grow a busfr.ess. i commerclal ~artet gir~en en this site as outlined i. the report, by devel.ping a bio·inte.sive ~ar'et girde.. Tbe fQlts th.t wou1d do thl. would be 10 tc 12 people fro. the bomel.s. and low-income communltl who ~ould foro a kind of collaborative coalition and staff of people. I would be the coordinator 06/H/9, -35- , . '0.. ' .. - ."" -.; .. ' , . of the project for the fores.eabl. f'ture. Th. emp~ •• ls wo.ld be on eopowerlng and tr.I.I.g .nd providing .n opportunlt, to f.lks .to are n.! •• no.ll, gtv •• that lind of oppor!"ni!,. It Is ~ard for me to find I "egatlv •• spect to tbls ide.. One of the ~sl tea.Itf.l parts .f It, to De, fs th.t II combine, two t~lngs that nonna,l1 are kept separate i. our c.lture~ They are a privlte sector e~terpr1se~ .slng private sector energies. It I. an entrepreneurial projecl. We ~nt t& devel~ I busl.es, thaI would compete f. the marietplace and b,ve Its own standing f. the .arlotpl.c.. At Ihe 'arne lIme. It gr.fts DOt. the Id .. of ... r .otlon .f .lol.Irl. Tn. Idea of Ue girde. Is • phce of be.,ing Inc! support that provide, a plate ~her. peopl • .to n~MO.l!, mlgbt ~Dt be suecessf.l ia busSn~ss I c~an,e to do just that. II some q~arters this Is taIled socia' entrepreneurship. To me, It Is • ver, e.<ltln9. new approach on how t. empower ol.enfr.nc~j.ed f.lks. So I wa"t t •• at. It .ery cl •• r that we want t. be I part of the busIness communitl. I have confidence that we ca •• at. money oolog that. Another aspect or t~j. fde. that app •• l, to .e I, that it I •• frt.alll • progr.~ that bas the poteotlal to pay for Itself or largel, for itself. Our ~od.' 10 t'ls fs tho Santa Cr.z bO<el.ss garden, wb!<~ hiS bee. operating for about fiye years. Tbey ~avE gone a long way toward se'f-s~fficfe~y. ~e also ~ave il tne works writlng grints~ another s~urce to d~aw UpOD. We ~ill pal f.1t. to work i. the garoe.. There will be • number of positfoQs, both manageriil an~ jast gardeDlng jobs a~ailable. It is In education a' Jaboratory. if YOti Will. We -will need iii .-arketlng lIanager. lie can tnll someboily t~ 00 that. They will be a loy componer,t or the idea. We will need a greennouse ~anager to buila I $mall~ portab1e gree"~ou$e It some poiat. Ve ~11 ~ted a general field manager. ~1 time is lImited. I do other t~l.gs for t~. Drb.n ~i.istrJ, so I cannot be on the site very .. ~~ of the tIme. So .t.t I .. trying to emphasize fs the (ooperatl'. oDd p.rtltlpatO<J •• pects of .11 of t\is. and lh. 6pport •• it, thit it sives folks to become I part of I thriving busIness and also to grow spirit •• ll,. I migbt add that we .lr.ad, ~a'e • contract with Rush Hour Catering. They ~ave told us they ~ll buy all tne salad gre!ns we can prDdu(e. once we get start.o. They aro preparod to put lhat I. writing. That was a big encouragement. Ve have been approac~ed il other places ;1 other contexts by other folks who ~a~e given ~s that kind Df marketing support, so ~ are very excited about thIs, and I bope it Is seen fa,orabl,. J. re.pons. t. the questIon of bathroom fatilitles that .omeone ~entlo~eo, right n~ there i •• port'pottl at our drop·i. center oext to tb. Red Cros. building. That is about 100 lards aw.,. Fol's working i. the garden ~oul~ ha~! access to that d~ring the time the1 .ork ;! the garden. (omrnissfoner Schmidt: You ~ntiDned the gardeg im Santa (r~z that has been ,round fDr about five yeaTS. tan you expl~ll i little more .bout it? 10 It •• fmi1ar $iz., • simllar type of garde'? 00 they .el1 their prod~'t$ to the communitJ? Is it expan~1n91 ~DW successf.l \s it. etc.l !t. P1r\lt: As f.r .s I an cDncorn.d. that bas be •• ~y ~el .f what ~e ~nt to do. lynne Basehore. the director of t~it garden. is on OUt .dyl,ory board. Ve bave had. number of discossion. with ~er about ~.r 06jH/9; ·36· : .. o work there. Tbe, are I little hrger ttliri we ilTe~ They hi"'e two plots of la~~ One is a couple Df acres and ancther cne fl another part cf Santa (ruz fs abo~t four acre,. This ~as ~appened ove~ a period of fi.e years. To begl • .nth. the, Just ~ad the two-lcre plot. sa there has been some •• panslon OD their plrt. They have h.d a let of Cit, support_ The, ~.,. had. lot Df grant support. T"y have dev.loped the ~rketl09 dimension of t~eir pr~ject f. wery fmpressive ways~ The] arf verJ', ver" committed tD the C~.lt, Shareholders AssociatIon (CSA). a community-supported .grlclltoro. That Is • marketing t«hniqu. by whIch members of the CDODO"lt, buy I sh.re I. the potentlol harvest of the garden II the spring. It IS l waf of Investing I. the g.rden. l.ent, 0' t~frt, dollo.s buy. you. cert". quantit, of fresh produce. I. the f.l1. It Is hirvEst~~ then either deli~ered to the person# or they Cin c~e and plct. That has been very lucr.tlv. for th22. I believe lynne told mo not loog ago th.t they bave realized $20.000 • y •• r just from t~.fr CSA. So we defioft.l1 pIa. 00 that, f. fact. the person who s.t 'P their CSA has volunteered to belp lZS set ~p ours. That fs I real phiS~ ID add'itfoo .. they do I very heavy Chris~as bUSiness fl ~ak1ng w~elt~s and drf~d fruit bouquets. etc. So fro. I bUSiness point of wfew. the, bav! been a beilthy model for liS. They elTtSlloy around 12 to 15 gardeners e~ery year .. it bourlJ rates, all part-time~ ibout lZ hours I week. T~it is prDbabl, tne model ~ vill start v1th. although it is cpe~ to internal d~SC~S5i~r. ~ft" ~S. RDXl Rapp. P.O. Box 1072. Pal~ Alto: ~y daughter gra~uated fro~ Santa Barbara. and sbe 'Was bert tonlgnt for the first part CJf the r,eetir,g. She jofo~d ~e that there was i bomeTess garden r. Isl. Vista$ wh;c~ is right outside gf Santi Barbara wnere the $Chool is lo,ated~ and it ~as very successhl .. I ara aWiilre (If another garden-fI San fra.nclsco. J believe it fs OQ Scott. very close tG fell Street, t~at has been ver} su(cessf.l. So I aa deff.~tel1 for this preject. To answer Tony's question. fro~ someone who ''is allllOst nothing: and filS ~ot iccomplisl1ed anything on a. day-tc.-day basIs. To be able to plant I se~d ig the ground and just be able te ~rk t~e ground &nd see scmetking grow an~ then act~all, harvest it, just t~at little t.e.y ~lt gives them a little sense of accomplfshment ,no.n11 help tho. o. to the .ext ,tep. I bope. lb.! type of enJoyment is enough. ~irr Ann Morain. 9,0. Boz 2il t Palo Alto: i a~ I gardener~ and I did get ill ., jo~s for t~e last five years by ho1ding out I sign at ~~le Foods, asking for work. I ha~e beeQ Excite~ abo~t the field Qf Oreams. but I gave ,LIP on it. One of!IJ best customers that I :have 1i,:Hf for the 1 ast three·.nd·.-half ye.rs g.v< ~e the flowers that I too. t. the site th.t are now growing amongst the mustard weed. Sne .1so donated seeds t~at I a~ boldl~g onto. J ~a~e broug~t plants and seeds from Comrno~ Ground that ire growing f. a ,lace ~ere I ~o longer live, because ~~ hav! no soil. It Is ~ f •• 110g that ~ "getable ~'r~e. fo< the ho.eless shouid be grown b, the bomeless and the low income be,.use thel will benefit from it. with .iafmal superYlsion by t~! Urban ~;.istry because J ca~ ~nderstand t~e politics of it. I feel It .nIl act.a11, i~prove their self-este.~ by ~orking t~e soil. The food is being grown to prcvlde for t~e~. and I t~fn, they s~ould be giveR the c~a~ce to grow it. It will also gfve them something constructive to ~ort on. We just lost one of our very best bcmeless people to ~ drug overdose. Richard Pitterson. Ve ~ould even like t. c~'nge the .ame to Richard's field. but that Is negotiable. Mo't of the homeless communit, was .ery fond or ~im. He ~.s bert for 20 ,eacs. personal 1, know it helps oe t. ~'ve • job. I am 00 social security ,od 551. but that fs • prett, boring life .nthout .omet~ing t. do. I ,"auld 06/1(/95 -l7- ., . . . -: o like til r.allJ .tlrt ~rowi.g fl that field before t~. nason I. over. J ~ave beefsteat tomato •• t~!5 )19 t~at I cannot eve. tr.n591,nt now. Thank ·Y~·· lelana Alt.n. t,C. Bpx 211. e.l, All.: 11M. ~mber of the bom.less contlng •• t of the communlt,. I IN lovolyed w1t~ advocatl"g for developments of this .ort .n behalf of the r.st of thl. cootlcg.nt. with $HAC. the Stanford H~le$sness Action Coalition, ~nd ar. emerging. strlctl, homel.ss poPul.tlon adYDC.cy group known as Different Orummers. ~ slt.atlon right nOW rs that I would bo roployed except that l.st August. I broke ~ col1.r bone Ind h.d S"c\ • hard time getting it t.~en care of slnoe I had not bad regu'.r employment iA • long tIme that It fs still be.llng. r. proceed to ether topiCS. Ol.f or Tom .entlaned be.llng. Tlls pop.,.tlon need. to be empowered and enabled rather t~an iapri50ned~ ] se~ the emerging prison and workhouse ;~dustr1 is -a parasitic lnd dongerous t~'.g th.t Is not going to bel, onyone' •• it.,lt,. any (:onmunit1 Or lOCllit,"s witiHtYt Whereas if you alltnt people and' belp p~ople to help olher. woo are co.got up 10 t~I' cytl. of unemployability' t~.t r.s.lts When you .ave oot bee. employed for. long tim •• the .italit, of your community vill certol." b. po,lti,'" .ff~tt.d. A let ~f ~s WhQ aTe i~ .j pO$ition sot inte it part~J betlU$e ~e did not feel comf~table JI traditional work situations. worling for others~ We ~Dld lite to be in situations ~ere Wt bave ~ork t~at V£ do ourselves and are fl c~arge of ourselves. ~e do not work so well under traditional ~uper~1sorial arrangements. At the same time, many of QS do and vould4 t~int t~e tfnd Df arrangements that are being ~Ide and fi"alfzed betweeQ us .n~ UMP~ will cort.I.11 support both of those possibilities fer. number of os. I woo14 I ito to co.-nd ()lof for ,.""",berfng 50 ... t';'9 t~at 1 just breugot "9 with ~im loeight. I don't t~int ne bad ever he.rd It before. It was the ide. of Immediatel" i.steaa of • 1009-te .. goa1. Iryi'9 t. o"thire folk. who wish t. be working outside of this project and maki'9 .ore money_ That Is i. t~e work.. As soon is th.t bappens wit. in)' given positioa .. SOIll!'One el se 'can come hi aMi be trained'. I know that ~eD J got f~volved ~t~ SHAC. I was so ~app, tkat someone was coming out. trl109 to do this .ort of thing tnat I was ec,t.tlc, for w.el. J had. nard u"'" boldlng ",yself down. So Rex, and other fons are .1>,ol'lel, corret-t v!ler. tries say that j!15,t getting t~is sort of hel" and sl.tpport 'a so great. Tbe opportunltl fer. lot of people to ~ork ~th tbe ground is rewarding. When we are always discouraged, it fs so enabling and emotro~al1J positive tbat it is ~ird to express. T~at is not my pers.onal t~iD9 be'i~S! I 'ike as much is. I can, but t~ere are other thiogs t~at the mlalstrl has 11 t~e ~orks and that D'ffere~t Urumme~$ bl$ i~ the wor\s. Some of them that J know cf ITe a restaurant, vbich would be supplied by thIs effort, .'peel.", if it Is expand.d t •• larger f.,llit,. le.ders WiS probably the wrong te .. for those of us Who are Irlio~ to be acti.e and outspo\en i. this tontiogent. Ihere is a restauT1nt ,1In~ there 1$ a~ outsIde employment plan, there , •• cooling .c~ool planned by the Urban Mi.istr1. T~is Vho'e thi~9 is suc\ In enlightened ittitude. ~omp'red to so muci that is. qoing Dn fl t~e rest of th~ 'Duntry and the bay area and state. t an 9' ad to see Paio Alto g~ve~nment offiCials and aanp~ofits $0 ?bvlousl, ~;lling t~ take I ~iffere~t stance than ;s sa common and trendy tb.s. diJs. I hope this trend ~ontlnues. Margaret Ash. 446 for.st Avenue. P.l. Alt.: I am i me.be. of th" SHAC. Stanford Homeless ••• s Action (o.lltlon_ 1 would li,e to start out by 06/14/95 -38- _ ....... : -., • ~ ----. ~'~ ".'- .. -. -' -~. ;"-~-,-----... -.....,..-...--..;-:..:.... ' o reading from I newsletter ~htth says. -The ~a~a drl~t~9 force a sa far. has come from I sea11 group of ~omeless fo'ks ~o. des,fte tne fr~strltions, lre be;.i.g co t. t~.lr ~r.a~ of building. re.l martet sarden." I think .. ~, thIngs coul. come out of t.ls pro,ect, many positive t~ings. Some of the thIngs that come t. mind are that not onl, the homeless of thIs ComMUnity go;og tD be served by t~!. lnd by the c;ty, but they will be ~tir~ with UKPA and the cit,. Tbis wo.l. be • project where .11 of ." IS a c~~un1tl1 wou1d be c~1}abcritfr.9 wit~ each ether is lS ~any posltfve aspects .$ we can i~9ine. We could tura I m~stard field Into something that fs trwll hopeful for .11 l.vo1ved. £.r11 on, .fter the f.ltla' propo .. l wlthlo our group of hom.l ... people who suggested. garde ..... that this ~ld_be somethl'9 that ho •• less people w.re doiog, not .omet~lng that was b.lng dona for them, b"t that they w.re actively participating i. this and creating. That, t. »y m!nd, is probablJ the most Important-aspect .f the gard.n. It bas ~ •• a long ti.e. I would Ilk. t. say that Kary Ann bas be •• so patl.nt and she has waited so long for t.is garden. She Is • very good garden.r. Some people r. the homeless community will come into the gardeD project and p~s$ibl1 leave~ It is not. bIg project. Tho.e people ~o are tr.ly t.nef1ttlng froo it ~11 stay and ~ll grow sp~rit~a'11 and w,11 become better ~embers of the ~Dmmun~tI4 [~stead of reportin; on deat~5 and ~tner tragedies withfl t~e commu~jtl. we will bay! I greater opportunlt, to report on the hope that we all have for eacn gt~er. [wo~'d encourage you t~ pass t~is on to the tlts council and support it. It s~ould be i very poslti1e move. 1 hope t8 see the 9~rdeA il the futur~. pave fowgrs. '.G .. Bq~ 2]3. palo Alto: I tave a few comments that 1 wanted to mentlon '8;t1a11,. but t~ey h~ve beeR me~t~oned ritner eioquentl, by OTaf. I read the original proposal also. an~ the wording reflected ~~ of a pa~ent-~"ild relatlons~ip ~ith rega~d tc t~~ bomeless and t~e Dther ind~stries that are supporting ~s. As ~lif put tt. I c.l1ab~.t{y., colleague type effort Is Whit the elemoot t~.t {. 9,log t. partiCipate i. this, primarily of the homeless, wants to .st.blls~. Oh. lecidenta1l1. we could Rse lngther toilet down there. That one~ tale it from Re, i$ tota11, inad_quote. Tbere is I sixth positive ispect_ He ~ame~ five. ~y primar~ interest is 11 the sixth on~. I want to briefly state w~at that is. and it Eight answer Tonyls q~estion. also. (ertaill,. they are all positive aspects Qf the project. and J l"ow already it is going to f11 and [ know everyo~e is encouraglog it and it is very posit;, •. But r would .Is. lite to add to the pot that there 1S an issue that e~ists among an eTement af the homeless that goes beyond just o.ling a dollar or having someplace to go and somet~iD9 to do. There is I deep desire to become not en11 . independe~t to do for ourse1vfs, not just ~a~e t'ings done for ~S, whfc~ is t~! usual concept (Qf bel,fng t~e homeless. There is a real deep desire to become independent, and not on11 soc;a11, acceptab1e b~t to socialls contrib~te to tits ~cmmuo;tJ ~r any other community where we ~appen to bea That bas existed for a long time here in Pa10 Aito , unbeknownst to ~05t of the popu1atfon. probably. There ~ave just teen I few catalystit poi.ts that ~a •• e.isted t. be abl. t. promote that idea. 1 t~ink t~e time is prObably .t hand. T.15 project pres.nts • v.hiel. t • • c~i ••• that. There ar. lots of •• bitl •• that <a. be cr •• ted ty .s t. I'lfe~e it. J~fs is onet t~is fs ~ere and t~ls is no~. Because this is !lOing f.rward. the Ilail tMng it 1i11l provide is the aspect of y',at O<:C"" w?1en people fl recavery. reccvery froll anyUiog --a1ccf)oJl. drugs. and 06/14j9~ -39- , "':-' , \"< o certl~~" bOleles,nes$ pr~~ides ~~spi'r and depYi~ition, t~t reta~trl. a~y par.419111. Vb •• loa tote to'o parts of bydrogen ,nd on. part oxyg ••• lOU ~,.e vater, wIlet~.r you li~. it or not. If you partlclpat. I. , pr'jott suCh as t}ls or I similar on. w~.re there is , work et'lc. you have t. f.l1ovcert.I.I •• tr,ttlo.s. '00 ba •• to sl~1Istic.l11 do cert,ln thtftis. ~t also an 4 level creiting, somet_iog ~egin$ t~ occur to the indfyfdull that fs tertii~ly an tmportant e1ement is the recovery process and t~o b •• llng proc.... Gettfog out there and working I. the sun, growing I teaot., ,.11Ing that tomato, participating and becomIng I _,nager ~e~ you ~tver knew yoa could mar-age. You co~ldn't manage your own life, .. c~ 1 •• , ,.11 o.yt'IDg. It Is an excellent opportunlt]. I lust vant~ to fortify the id... There Is • muc~ 'igher 1 •• el .f oc.feveoent bere than ju.t oaling I buck off of growing lettuce. That Is eertllo1, I .ory I"i'ortant and rltal element to the wIlole concept, but beh •• lar,lly Ind ,ecoverywise. It Is Incre4ibl, Important. You can gly •• .an I fisb and feed ". for a day. but once I person l!arRs ~ow \t f1s~. they can feed themse1Yes for life. With t~at. I would also wish the commis5fon woald send out for ~fIZ'~ I hav! bee~ bere si~ce 1:30 and I'm starrfng. I will close with t~at. ChJt~in Qialian; I ~ive I question for you. and I am Ist1ng it of you ~a;11J because you are the list one to speak~ ihere;s an agreement with Stanford on this piece If properly to lease it for the next se~eh years. renewable eac_ year. What ~appen5 ~en ~e ha~e gone fo~r yeari down tbe road oe thfs. and for whate~er rea50~ unfor~seen ~1 bct~ of us. Stanford says tbey Ci~not renew the leise anymore. ~ere ~oes that lelve you? I bring t~lt up betause I ba~e been ,I 1,tuati~n$ where peop1t get tied tg I ,leee of land. and then somet~fng ~omes to pass ~hert they cannot keep it. It is I 6ifflewlt sit •• tion. ftr~ pgweri: It Is a g~d. 10g1cI) question. but realistic,'l,. J cannot ans.er it directly by sl,ing thl. will happeD or that will happe •. As .... rgaret nid .. S<lH people lIay ,1eoilve the project~ Ibere .are no guaran.tee.s that Inythlog h going t. occur. But you never accomp1fs~ anything unless you" try. No one knows at the beginning of t~e foot ban .... OD wIIo is goi.g to the Superbowl. rou just have t. stal f. tbe game until tbe end. It Is that tlnd of • process. Hopef.l1" t,ls will lead t. far bigger thfn-g.s.. Tt'lere ar.l! some people it the bomeless (Olt'mu'('.\ty nollt ~o hav-e i. background of stills. tri)sing and talent 11 developing communities from setond·class ~ittzeRSI so to speak. ~ether thr~~9h their own fault or -anythfng else. t~at are lootl~g to elevate the disadvantaged i. tkis partic¥lar lcwn~ In~lJ. to I cDn5t~uctiye. prod~(tive level over and ibove their recovering their own liveL We are prDCeedfog 11 that dlrectlon,and this Is g01ng to como down t~e line. I ~ope it will probabll be be'ore tbe council. I just wanted to plant the seed. But f. answer t. your questloo. bop.foll, by t~at time, that will be just on. of the ~.ny ~rojects golog on that are not just belog de •• 10ped but are very successf.1. We may be abl. t. let it go at that polot. If It Is right. tbere will be anQt~er Dpportu~itJ t~ ~ove tne garcen. I ,annat ans~r that directl,. Ch,lnna. Olatlan, That i' • good enough answer. I will now cl ••• the public ".ar;ng. 1 onl, raised tht questioo bec.us. it behoo.es H,ose wilD are II.olved with this t. re.llze that at one stage, they may not be able to retail this particMlar land •• bich ~eans t~!re is incentive to try and find other llnds and other ways of gOlng about thi"gs. That Is t. keep 06{l4j9S ·4D· . , " , ' t_lngs ,. focus s. t~at ~e.pl. don't f •• l like t~.y are being cheated down the r.ad If Uls p.,tl<~hr Ilece of hnd goes ''''Y. iSS'Jmfng t~1s Is approved tonIght. Do Iny comm1ss'oners ~ive que$tions of staff? SeefD9 none, as a remiDder. the recomoendatlon froo the staff on this It~ Is that the ~l.nning commission recommend t~at the cltl council approve the attached subject park fmprovement Ind cDnstr~ction Df ~ fence and other atoor improvements sorroundl"g the garden plot. Commissioner Sc~rnt: T~e ordinance refers tc a chii~ 1fnk fence surrounding t~e gard... What we have been ~r.s.nted with looks lite. wood fence. Ms. C.gble: I an vlad yoo brought th,t "po I just noticed that. I thin. lbe attorney 11 our office wt.D drafted this drifted it some time ago. We co.ld amend that before It goes to CGuncll to reflect that it is I fence. As was Indicated tonight, t~i. will go to the ARB. and the •• ture of the fence will be approved by lhom. Is that ""at JOU thc'Jght. David? ITes) (ommiufoner Sduli·dt: \{hat does tne annual rene ... al invohe? Will it come before someone iPDuall,? 'OCt ~Ttift: It viII be a~ adm1alstriti~e fiat between the Real fstate Di,fston, Human Services, Stanford land ~anigement and the Urban MjBiitrl~ We expect that di$Cwssl0ns may ensue. If there are issues t~ct Deed te be s~lyed before the lease is renewed. we will discuss those .itlgat1~s fa~to~s t~1t per~aps may ~ Decesslry for the progr~ to r~n smoot_l,. 'Qromi$}igner (arrasco~ Regardi~9 t~e leas~, J reid here that after seveR years. this least ends, and it _auld ~l~e to come tiel before tRi~ reviewing body if 1t were to ~oDtinue on. ~t ~arttl: That 5$ 'Drrect. After seven years. Commissigner Sc'fnt: J app1aud al) of you for your hard work in bringing forward this idea. [t is i 9~eat enter~rise, and I hope )DU are ~ost succtssfyl. I ~ave I couple of small poi~ts tc ~ake. I would enco~rage you~ i~ your proposal to the arc_itecturll re~jew board~ to loo~ It a combination of ~th open fenci~g and the enclosed wood fencing. I think it 'Would be • "lce idei: if you could sha.,. eff your-flard 'Work,. to I certah extent, wit. some open fenCing. ~ut not too ~uc~, ~ecause 'WorkiC9 garde~s are not always extreme11 attracti~e. I think it is reall), essential for everyone i:lllohed h the pror:ess that it vould be I series Qf one·year le;ses 7 ~jch might be renegotiated every December ""eo yoo Ire getting re.dy to ~lant for the f.llowing year but ~ave not done so yet. I ~op. that the cltl •• tes t'is cle.r. I c.n foresee many scenarios that wo~ld jeopardize your 9ardenp People need to know t~at it Is on i one·year basis. and t~at needs to be quite clear up front. fio.l1y. one of the ~05t critf:.} issues is that someone has to figure out bow you can fund I portable toilet. ~aint.ined right there at the facilitJ. One great c~allenge you will ha~e far i successful garden is 06/14/95 ·41- . ,' . . -. '. • Whether you have .de~".t. <anlt.ry facilities clos. by. I just don't t'lnk It i. reasonable to •• peet people to Yilt .,1 the w'Y t. the other sId. of the b.s.~.il diamond or eve. t. the Rej Cross. So~how, someone DUst fl.d the $100 per mont~ t. pay for' portable toilet. I will b. hapPI to support this project. --.- ~: Commlss'oner schmidt: I move that we accept tho st.ff rtc .... nd.tlon that the planning como!ssf.n recommend that the cltl council approve the attached subject part Improvement and construction of a fence and other olnor i~prov.ments surrounding the garden plot. I don't know If we need t. add .ny of JeD'S comments abo"t the t.llot facll;tl and the combination of cpeD and closed fencing. which I .lso think Is • gGGd Ide., t. show off what Is being done there. and .fght eve. help to ,doc.te the comounlt,. the growing metbod, the bla-iate,sl.e method, Is not s_tIIlng that e.eryon. fs fmlll .. wit~. There might b. some .s.f.l sbarlog of new l.fonnltleD to others. r.ls project Is •• ery vorthwnlle project. &~ I, too, cammend the efforts t~at have 90~e f~tD ft. I .gree with the cemme.ts that t ••• bee. ~.d. about trjiDg to Sfvo opportunIties to become contributing members of the communitl and ta be ~re •• ,f·supportive or tot,ll, self-support've. Tols is • gr •• t epportunit1 for t~at. I also agree ~tk the comments that ~any baYe ~ade about g~OwiDg thin9s. It is a wcnderfv1, veTY ta~g;blt. reward1~9 t~nd of effort to dQ IS I woriiM9 effort~ There arf ~ot ~any thi~gs ~e do for jobs th.t are as re~ar4in9 as see~og things ~r~w~ pirtic~larl, 1m the beautiful climate that ~e have around here. Indeed. I t~ink it ~il1 be I $p1r'tu,1~ ~$ef¥l and rewarding lind Gf thtng f~r people i~ tMis community t. do. £hafrl@D Ola\jan: If I anderstood you ccrrectly, you made a ~otfon tl accept tbe staff recommendat;on and to fDelude the creation of I fence t~at_is clQsed i. ~st sections but open 11 some; and to require I toilet facillt, .f some sort on Site. ~: Bl Commissioner Sc~int. (01!I!!hsj0pl!'r (arUseo! I support tJllh 'dea. i bl~e had some questions tht have been _n .. ered. I shre Jour feeling for U. need for 7ndependence. J started my business ~t~ I ~obby. and it ~as grown b1gger than I want it to. I reluctantl, supported It, and the r.ason wn~ fs that we have speRt ~a~J years on th~s Dream Tea~. is Bancl knows. I different kind of 6reae than this one, but ~ow after hear'ng your opialons and f.,'fngs, I wbol.be.rtedl, support t~!s dr.... I would like the otber one to ~appe. s~tlme dawn the road, but goad luck. I thin\ this fs • •• 1.able praject. (hiinnan Ofalfa": I am • person who believes t~at j~stead of approac~iD9 51,,,,,,t_Ing pun!tl .. ", you should .ppro.c~ it positl-,.1,. So I will support t~e motron because I like the concept ef prQ¥f~ing somet~ing t~ , 5~gment ef our populat1on t~at W~, heretofDre. ~ave not necessaril, proYSded anything for, creating the opportunit, for somebody to take c~.rge of th~l~ own circumstances. wblc~ 1 .~ ~<. II f.,or of th •• tne opposite side of that coil. I ~e.rd some ConDents this evening. but I am t.llcg t~is rrQ~ • sllg~tll different bent. I OM appreci.te or tho rlct that the DrbaA ~i.lstry is fovolved il this project. Tney bave , .ory 900d reputlt(on ia this area. ~o 1 aM thankf¥' tkat they are suppcrtiye of the proJect. As I understand it, and I heard this f. the public testimony 06/14/;5 -42- , .. -. - o tonfgbt wbtrt we ha~e seen gar~ens of & similar ~ature il other communltl." Slnt. Cruz, San francisco and 80r\,1'1, they ~aye all worlod out to be $uc~e$sful projects~ I don't see anJ reaSOD ~1 this one shoul~ .ot foll"" to • s'olhr .uit. I t~lnt that t~e amount of mon.y that the cltl Is befog .sked t. put \,to t~l. project Is ololseole, a fe. thou,and dall.rs In rel.tlon,hlp t. the paybact thlt we get. [ .. en<ouroged by the st.t .. ent that Tom ~ade earll.r that h •• lr •• dy has. contract wlt~ Rus~ Hour Catorlog so that YO bay. somebody who " going to purc~as. I,medl.tel, (rao this Site. As.n tslde. after ~eirjng Tony#s c~nt earlier, J couldn't bel, but reflfct ye.tord.y whe. I WiS re.dlog the ,tiff repert, and even whll. people were talking tonight, that ~1 fatner came t. this country is an Immigrant f. Ue 1920<. Not speaking Engll$b, h. 61d not b"e an opportunlt, to just step ,Igt.t loto the ~ommunitl and be housod right .way. !. fact, his ffrst means of empla>~nt was that he somehow got ~is ~ands O~ I tr~ck ar.d be served 1$ I CODduit between the truck faMBers and the restaurant owners iI downtown SI!!" Francisc.o .. So it bas been ~!lterestin9 t~ me to sit here .~ reflect Lacl on t~\S~ He then, in tura. turDed that i~to • $~al1 ~sines5. and from ther,. ended up owning a gr~cery !tcre~ Hopeful1,. t~at same stOfY ~a~k5 Oyt for everyone in this r~om tDr.jght. We ~ave I motio~ before QS t~ Commissioner Schmidt, se,on~ed by Commissioner Scbin}. to IpprQ~e the staff recommendation t~at the plannlng c_onmfssion rec:oramend that ttle city councll approve the attached subjec.t pa"rk improvement-and <:oJ'tstructfon Qf ill fence and other l11"nor lmpfove;nents surroundiog t~e garden p1ot. Also to include t~e notion of (reit~ng fen<lng t~at is basical1, closed byt v~th some open JTeaS to it, and to provide a tOilet facllitl for this site. ~TrQN PASSES: Chairman Qjilja~: Is there any further disevssTon 00 thfs motio~? All those ia favor~ sa, ~ye1 Ail c;?osed? That passes on ~ yote mf 4-0, ~th Commissfoners Beec~am and Cassel absent. ere Martf,: T~js item goes before t~e Irc\itectural review board OD lhursda" Jul, 6th and t. the Cit, couoci' on ~o"d.!. Jul, 17t\. Cnijfla~ Qjaticn: So that ~'1 be the next t~a steps \1 the process to hive thlS (Omt to some ~oncl~slon. ·(pmrnissiQngr Sc~l~k: J ~ould hope that t~e minutes clearls refl~ct our disc~ssion about the teilet, referen<ing It is i PQrtihle toilet fictlitJ so that no One thinks ~e are til king abcut i permanent re5tTo~' facility. AGENO~ [TE~ 6 Continued t. Jun. 28th. AGENDA [TEM 1 Reports on Council Acticns. {h.fnnan Ojakfan: Althou9~ this is not a counCil action, th! re~few process for deter'l;1i)iog 1!!'t1€ther i "arking structure snould bE created _d!ni!'!t~ is w~ll under ... a1~ As a part of that procEss, I cOlMlittee lias bee. fanned, and that committee, at this stag., has re'l~ "4 potential fll"ll' that wou1d be iovolved il hndling that parking structyre. Ve ~a" three .eTI good c.ndid.te. before the committe.. [c~as. to represent the ,lanning (OGmfssion on t~is committee as a ~ember~ and J also Isked 06/14/95 ·43· . ,- -',"" • Coonlssloner Carrasco at Dne stage to re,lew some of the applIcants' RFP responses. So there w.s at l.a.t two people who ~.d knowledge of what wa. 9<log on. Tbat committee Is composed of John ea.r. Rox] Rapp, Cnop K.en,n and 6eorg~ 'lelm from the commercl,' sector. fro~ the public sector. beslde~ ~s.lr there I. JulIe "aser from the ARB and from the staff, we ha •• JIm &Illillnd. Ji. ~.rrlngto" and Asbot Aggarwal. At tols stage. there Is I recommendation fr~ tbat ccmmittee t ••• lect Vatry and AssocIate. I. the group that would be looking at handling this project. (Olscu •• loo f.l100ed IS to who would attend the ne.t Comprehens!.e Pl,n city councIl ... tlog. ,nd the meetIngs th.t ~ad take, pllce f. the communlt,.) ADJOURNMENT: The plannIng commIssion meeting adjourned at 11:15 p .•. 06/14195 ·44·