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Home My WebLink AboutRESO 7960., RESOLUTION NO. 7960 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT OF LEASE PRC . 7348.9 WITH THE STATE LANDS COMMISSION REGARDING THE PALO ALTO LANDFILL PARTIAL CLOSURE PHASE IIB PROJECT WHEREAS, the State of California, acting through the State Lands Commission (the "State") , and the City of Palo Alto (the "City") have entered into Lease PRC 7348.9, effective September 27, 198 9, whereby the State granted to the City a lease in the vicinity of Mayfield Slough within the City; and WHEREAS, because resolution of the respective rights of the State and the City could have been costly and time consuming the State agreed to modify its general agreement to acknowledge that its rights to the property subject to the lease have not been legally confirmed, and to refrain from enforcing the lease except only as to lands which may be "ultimately confirmed into State ownership"; and WHEREAS, the City asserted jurisdiction and vicinity of Mayfield Slough and continues to dispute the State's believes that the lands in the are the sole property of the City; WHEREAS, Paragraph 16(e) of Section 4 of 7348.9 provides that the lease may be changed, amended by mutual consent of the parties; and lease altered PRC or WHEREAS, the City conversion the closed pastoral, passive park; and has previously Baylands Sanitary planned for the Landfill into a WHEREAS, said plans ·include the land area described as Parcel 1, which was heretofore included in lease PRC 7 348. 9 between the State and the City; and WHEREAS, the City has asked for the State's consent to the City's use of additional land, for whatever interest the State may have therein, shown as Phase IIB on the drawing entitled "BYXBEE LANDFILL PARK," dated January 12, 1989, in order to proceed with the Landfill Partial Closure, Phase IIB (the "project") withbut undue and costly delay; and WHEREAS, the City Council therefore desires to amend Lease PRC 7348.9 to include the additional land for the Project; 1 000426 syn 0090614 ,, NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. On March 8, 1999, the City of Palo Alto Planning Department prepared a negative declaration for the Project and the City Council hereby finds that no further environmental assessment is required and approves the negative declaration. There have been no substantial changes in the project or the circumstances under which it will be undertaken, and there is no new information of the type identified in the CEQA Guidelines 15162 (a) (3). SECTION 2. That certain Second Amendment of Lease PRC 7348.9, by and between the City and the State, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved, and the City Manager is hereby authorized to execute said Second Amendment for and on behalf of the City. SECTION 3. The City Manager is hereby authorized to execute any other permits and agreements with the State that may become necessary in connection with implementation of the Project. INTRODUCED AND PASSED: May 1, 2000 AYES: BEECHAM, BURCH, EAKINS, FAZZINO, KLEINBERG, KNISS, LYTLE, MOSSAR, OJAKIAN NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: c~&~ APPROVED AS TO FORM: S~t~ey 2 000426 syn 0090614 RECORDED AT TilE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-:8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 County: Santa Clllfll SPAVEABVPE 1'HJSDNkfluAMcbRbER'S USE STATE OF CALIFORNIA STATE LANDS COMMISSION SECOND AMENDMENT OF LEASE PRC 7348.9 WHEREAS, the State of California, acting through the State Lands Commission, hereinafter called · Lessor, and, the City of Palo Alto hereinafter called the Lessee, have heretofore entered into an agreement designated as Lease PRC 7348.9, authorized by the State Lands:Commission on September 27, 1989 and executed September27, 1989, which was amended on May 5, 1992, whereby the Lessor granted to said Lessee a General Permit -Publici Agency, Recreational covering certain State lands situated in Santa Clara . County; and · . WHEREAS, Section 4, Paragraph 16(e) provides that the Lease may be terminated and its terms, covenants and congitions amended, revised or supplemented only by mutual written agreement of the parties; and WHEREAS, the Lessee has previously planned for the conversion of the closed Baylands Sanitary Landfill into a pastoral, passive park; and WHEREAS, said plans include the land area described as Parcel I, which was heretofore included in lease PRC 7348.9 between the Lessee and Lessor; and WHEREAS, by reason of the foregoing, it is now the desire of the parties to amend Lease PRC 7348.9. NOW THEREFORE, the parties hereto agree as follows: 1. Exhibit "A:' Land Description Revised November 1991, is her~by deleted froll) Lease PRC 7348.9. EXHIBIT "A" 2. A new Exhibit A Land Description dated April 2000, including parcels identified as Phase I, Phase ITA and Phase liB, as shown on Exhibits A-1 and A-2 attached hereto and incorporated herein by this reference~ hereby replaces the prior Land Description. 3. The· existing Authorized Improvements under Section 1 and. Section 1 C of Lease and Amendment to PRC 7348.9 are hereby amended to also include the following work and activities authorized in and on Parcel liB: 1) clearing ofnative vegetation and stripping approximately three (3) to six (6) inches. of existing foundation layer soil; 2) fine grading and recompacting the foundation layer; in addition, supplemental fill material shall be placed and compacted to raise low areas to meet final foundation design grades; · 3) placing 1 foot oflow-perrneability layer over the foundation layer, followed by 1 foot of vegetative layer; · 4) hydroseeding the vegetative layer with native grasses; 5) construction of perimeter drainage. channels 6) construction of fencing to separate the closed area from active _landfill Operations 7) raising and securing existing environmental control systems {leachate and landfill gas collection systems). · The effective date ofthis amendment to the aforesaid Agreement shall be, June 1, 2000. This Amendment is a portion of document nu~ber PRC 7348.9, with a beginning date of September 27, 1989, consisting offour (4) sections with a total of(8) pages. · All other terms and conditions of the lease shall remain in full force and effect. . - This Agreement will become binding on the Lessor only when duly executed on behalf of the State Lands Commission of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreem~nt as of the date hereafter affixed. . · LESSEE: CITY OF PALO ALTO By: ______ ~------------ Title: --------------------- Date:-___________________ __ STATE OF CALIFORNIA STATE LANDS COMMISSION By: ____________________ __ Title: ------------~-------- Execution of this document was authorized by the State Lands Commission on -------- ·" EXHIBIT A~1 ~-~ PRC 7348.9 ·LAND DESCRIPTION Three pa:rcels offilled tide and submerged land within the projected Sections 31 and 32, TSS, R2W, MOM, situated in Palo Alto; Santa c·lara County, California; said parcels are shown as Phases I,UA and liB on the Byxbee LandtiUPark Master Plan, January 12, 1989, on file in the records of the State Lands Commission. END OF DESCRIPTION RE:VIS.L;D APRIL, 2000 BY LLB. ! .. .. I ! . • ·h !\ t r i .{ • ! ~ 0. ·"" z C\ .... :) ~ ci t:.,; >-. {.j ·c::: z. :5 .... < z tl) ~· i t:., P.... .... ·~ .. -<;z: _ .. Q z < c. .... --... >_ ~ << .... -~0 !!! 0 ~ ·-<- :< X o. ... . _ ... .. o ......... Exhibit "A-2."