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HomeMy WebLinkAbout1996-05-13 City CouncilCity of Palo Alto City Manager’s Report 6 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES AGENDA DATE: S~CT: MAY 13, 1996 CMR:253:96 PROPOSED WORKPLAN FOR IMPLEMENTING COUNCIL DIRECTION FOR ARASTRADERO PRESERVE PROJECT RECOMMENDATIONS Staff recommends that Council approve the Arastradero Preserve project workplan and the recommended City representatives to the Arastradero Preserve Advisory Group and direct staff to proceed with implementation. BACKGROUND On June 19, 1995, Council approved the 1995-96 Capital Improvement Program (CIP), which included $90,000 for a project to dismantle the Arastradero main house and caretaker house. At that time, however, Council directed staff to prepare a Request for Proposal (RFP) for use of the main house, prior to proceeding with removal. Stafftransmitted the RFP to Council in October 1995 and, after receiving approval, solicited proposals. Two proposals were received, from Bay Area Action and the Children’s Tree House. After a review committee (consisting of staff from the City Attomey’s Office, and the Administrative Services, Planning, Community Services and Public Works Departments) reviewed the proposals, staff recommended that Council reject both proposals. On March 11, 1996, Council adopted the staff recommendation to reject both proposals and further directed staff to take the following steps: 1) proceed with the removal of the structures, utilizing the prior budget funding of $90,000, with the focus on the reuse and recycling of the materials from the structures, and report back to the Council prior to the removal of the structures; 2) explore the possibility of a public/private partnership for both the structural work and habitat restoration implementation steps and with respect to the "stewardship" concept; 3) pursue with the individuals represented by Attorney Theodore Carlstrom their contribution of $350,000 to the City in connection with carrying out the steps CMR:253:96 Page 1 of 7 in the recommendation; 4) pursue the implementation of the habitat restoration in the areas where the structures are currently located; and 5) explore the potential for a new modest facility as a gateway to the Arastradero Preserve with the potential reuse of the materials from the existing structures. POLICY IMPLICATIONS Development of a joint stewardship concept for oversight of the Arastradero Preserve may involve some changes to current Council policy regarding the City’s responsibilities for public property. DISCUSSION The City Manager has created an interdepartmental team, composed of staff from the Administrative Services, Community Services, and Public Works Departments and the City Attorney’s Office, to implement Council direction given on March 11, 1996 regarding the Arastradero Preserve. Staff has prepared the attached workplan and proposed timeline for the five elements of the Council plan. Depending upon Council direction, staff estimates that the first four elements of the plan -- removal of the structures on the Preserve using first the existing CIP project allocation of $90,000, with a focus on reuse and recycling of the materials; habitat restoration on the site previously occupied by the structures; development of the concept of a public/private partnership for both the structural work and habitat restoration, and with respect to stewardship of the Preserve; and creation of a trust to allow funding for some or all elements of the Preserve plan -- can be achieved by the end of the 1996-97 fiscal year. The final element of the project -- exploration of the potential for a new modest facility to be used as a gateway to the Arastradero Preserve, with the potential reuse of the materials from the existing structure -- is proposed to be started by staff in 1996-97, with funding for preliminary design to follow in the 1997-98 CIP Interim Budget. The actual project could be constructed during FY 1999-2000. There were constraints within which staff felt it necessary to work in preparing each element of the workplan. Many of the constraints were around timing, and the need to make the elements of the plan work with one another. In addition, community participation and the participation of the joint steward in long-range planning for the Preserve needed to be accommodated in putting the plan together. Each of the elements is discussed separately below, with associated issues. CMR:253:96 Page 2 of 7 Element 1: Removal of the structures on the Preserve using the existing Capital Improvement Program project allocation of $90,000, with a focus on reuse and recycling of the materials. Element 1 is expected to be completed by July 1997, as indicated in the attached work plan. The tasks and timing for this element were developed in order to meet three goals: involving interested parties early in the process; providing for Council feedback at key decision points in the process; and demonstrating the City’s commitment to returning the area to open space by the timely removal of the structures. Staff has begun and will continue to solicit the expertise of volunteers in the next two months, to assist in evaluating the technical issues and cost effectiveness of salvaging materials for recycling and for reuse in a furore gateway feature. This will also involve an assessment of possible storage locations for reusable materials including City property and private sites. In addition, input will be sought from interested parties to identify contractors experienced in material salvaging. Staff will submit a report to Council in July summarizing the cost and benefits of two alternate approaches to material salvaging: O O storing reusable materials recycling rather than reusing salvageable materials The report will identify a selected approach and describe the extent of material reuse. This information will guide staff in preparing and bidding a contract over a four-month period from August to November. Staff will also seek Council approval of a contract award in November. The contract will be based on the results of the salvageable materials evaluation and include removal of the main house, caretaker’s house, pool, two water tanks and the barn. The contract will also involve recontouring the ground at the structure sites to accommodate future habitat rehabilitation. As the scope of the existing $90,000 CIP only includes removal of the main house and caretaker house, staff may need to recommend additional funding for other structure removals, as well as for material-salvaging and storage. The attached workplan timetable enables City Council to commit funds for Arastradero smactures removal within this year. Although the contract would be awarded in November, the work would begin after the rainy season in April 1997. The removal is expected to extend for approximately three months to July 1997, a time frame necessary to adequately handle the labor intensive requirement of materials salvaging. CMR:253:96 Page 3 of 7 Element 2: Development of the concept of a public/private partnership for both the structural work and habitat restoration, and with respect to stewardship of the Preserve. Staff is developing a draft Arastradero Preserve Management Plan for Council approval as part of the Arastradero project. The Management Plan will provide specific management objectives and tasks designed to implement Council direction related to the Preserve. The Management Plan will include updated objectives for trail use and maintenance, signage, roads, vegetation management, (including habitat restoration and control and removal of non- native, invasive weeds), fire management, lake and creek management. A significant element of the Management Plan will be the exploration and potential development of a joint stewardship concept for the Preserve, which will specify the responsibilities and tasks of the private, non-profit organization selected to serve as joint steward. The details of a possible joint stewardship will be presented in the forthcoming RFP for a cooperative agreement for joint stewardship, which, along with the draft Management Plan, will be presented to Council in late July 1996. If the concept is approved by Council, the joint steward is anticipated to be actively involved in habitat restoration, removal and control of non-native plant species, trail restoration and maintenance, research, and interpretation. Element 3: Creation of a trust to allow funding for some or all elements of the Preserve plan. Staff from the City Attorney’s Office and Administrative Services Department have worked with Mr. Carlstrom since receiving Council direction, and have guided the donors in creating an appropriate vehicle for effectuating their gift to implement the Preserve plan. The donors are proposing to augment the stewardship concept developed in Element 2 with a concept of stewardship based on monetary support. They propose the establishment of an Arastradero Preserve Fund under the auspices of the Peninsula Community Foundation. The Fund will be formally established by means of an agreement between local architect, John Northway, on behalf of all donors, and the Peninsula Community Foundation. Donations will be made directly to the Fund. All donations will be tax deductible, as the Peninsula Community Foundation is a 501C(3) organization. The funds will belong to the Foundation when donated, and the City will thus not be in a position of non-conformance with its investment policy. (Some donations are anticipated to be in the form of stock or other investment instruments not allowed under the City’s investment policy.) The agreement establishing the Fund utilizes an advisory committee to make recommendations to the Peninsula Community Foundation as to disbursements from the CMR:253:96 Page 4 of 7 Fund. The committee will consist of five members: two community representatives and three City representatives, i.e., majority representation by the City. John Northway and Rosemary Young, a community leader from Portola Valley (and a member of the Board of Directors of Peninsula Community Foundation), will be the community representatives. Staff is also recommending that the City Manager or her designee, and the City Attorney or his designee serve on the advisory committee, along with a third City official designated by the Mayor. No City Council approval is required for acceptance of a cash gift such as this. Policy and Procedures 1-18 requires approval of both the City Manager and Director of Administrative Services, both of whom have approved the agreement. However, staff is requesting the Council’s approval of the recommended City representatives on the Advisory Committee. A copy. of the agreement is attached for the Council’s information. The Fund is intended to be ongoing, and could be the vehicle for fundraising efforts above and beyond the initial $350,000 pledged. The expectation is that there will be a single $350,000 disbursement within the 1996 calendar year, coinciding with the Council’s award of contract in November 1996 for removal of the structures. The Peninsula Community Foundation charges an annual administration fee of 0.5 percent, applied to the Fund cash balance. Because it is anticipated that the $350,000 will be dispersed in a relatively short period of time, this administrative cost should be minimal. Element 4: Habitat restoration on the site previously occupied by the structures. If the Council approves a joint steward concept, and after such a joint steward is selected, staff will work with the joint steward to formulate the habitat management element of the Arastradero Preserve Management Plan, which will begin with two primary components: A long-range habitat management outline for the entire Preserve, designed to remove or control the spread of non-native, invasive weeds and provide for the restoration of natural habitat. Specifics of this component will be developed through the collaborative efforts of the City and the joint steward. A plan and timetable for the restoration of natural habitat on the site of the former structures. The second component will include specific tasks and a timetable for site preparation and removal of non-native vegetation, seeding operations, plant installation, sign and fence installation (where needed), and watering/maintenance and monitoring activities. The intent is to use the restoration of habitat on the site of the former structures as a model of collaborative effort between the City and the joint steward. CMR:253:96 Page 5 of 7 Element 5: Exploration of the potential for a new, modest facility to be used as a gateway to the Arastradero Preserve, with the potential reuse of the materials from the existing structure. Staff anticipates that a stewardship concept will be implemented in November 1996, and that, along with work on the Preserve, the joint steward will be actively involved with developing the plan for a gateway facility. Staff is also recommending that an Arastradero Advisory Committee be formed to assist in the development of the gateway facility plan. The preliminary design of the gateway feature will be undertaken in the time period between July 1997 and October 1998. This involves approximately six months to procure the services of a consultant, including developing a scope of work, obtaining Council committee approval for the scope of work, preparing an RFP, reviewing consultant responses, selecting a consultant, negotiating an agreement and awarding the agreement. This also involves approximately nine months to finalize a preliminary design, including performing an environmental .assessment, meeting with interested parties, obtaining input from the Architectural Review Board, Planning Commission and City Council, and receiving approval for a Park Improvement Ordinance. The final design is estimated to take six months, from October 1998 to April 1999, and include preparing plans, specifications and engineer’s estimates, as well as obtaining permits and bidding/awarding a contract. The construction is expected to start after funding becomes available in July 1999 and, depending on the scope of work, be completed within six to nine months. The time required for Element 5 could be accelerated if Council authorized elimination of various procedural steps in the consultant selection process, or if Council elected to fund consultant services and construction contracts through Budget Amendment Ordinances rather than through the normal budget process. FISCAL IMPACT Creation of a trust for the Arastradero Preserve will provide the City with a minimum of $350,000 in funding for the projects contemplated. There should also be an unknown but positive fiscal impact should the City, through implementation of a joint stewardship concept, be able to leverage current staff resources with volunteer resources for maintenance of the Preserve. ENVIRONMENTAL ASSESSMENT Environmental impacts will be assessed as described in the workplan. CMR:253:96 Page 6 of 7 STEPS FOLLOWING APPROVAL The steps to be taken following Council approval are detailed in the workplan. ATTACHMENT Arastradero Project Work Plan Agreement PREPARED BY:George Bagdon, Assistant Director of Public Works Libby Dame, Senior Financial Analyst Emily Harrison, Deputy City Manager, Administrative Services John Walton, Superintendent of Open Space and Sciences DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: CC: rda Harrison Deputy City Manager, Administrative Services ~.iy Ma2gel "~ CMR:253:96 Page7 of 7 ARASTRA FUNDAGREEMENT This Agreement is made on , 1996, by and between John Northway and Peninsula Community Foundation, a California nonprofit public benefit corporation, located at 1700 South E1 Carr~no Real, #300, San Marco, California ("Fou_~dation"). The undersigned, agree to create and maintain with the Peninsula Community Foundation, a Designated Fund ("the Fund") under the following terms and conditions: 1. The Fund shall be known as The Arastra Fund, and shall be identified as such by the Foundation and its Board of Directors in the course of administration and distribution thereof. 2. It is anticipated by the parties to this agreement that donations to the Fund will be made from time to time of assets acceptable to the Foundation. Such contributions shall be appropriately acknowledged by the Foundation. If contributions other than cash are made to the Fund, such contributions must first be approved by the Foundation. Al! additional contributions shall be administered and distributed in accordance with the terms and conditions of this Agreement. 3. The Fund shall be designated for the purpose of receiving and accumulating funds to be used exclusively for the enhancement of the public open space of Arastra Park, commonly known as "Arastradero Preserve." The primary and initial purpose of the fund shall be the payment of the costs and expenses of the City of Palo Alto as may be incurred by it in connection with the demolition or removal of the existing structures (a main residence, a stablemaster’s house, and a barn) on the lands of Arastra Park westerly of Arastradero Road and the clearing of the sites where such structures now stand, and restoration of the site to an open space environment. To the extent that the funds contributed are not fully required or expended for the primary and initial purpose, the Advisory Committee may recommend funds be used for the construction of a modest gateway structure at the park or for the activities and programs of the City of Palo Alto at Arastra Park. 4. The Foundation acknowledges that an Advisory Committee consisting of the following representatives shall make recommendations to the Foundation for grants from the fund based upon the support of a majority of the members: one person named by the Mayor of the City of Palo Alto; the City Manager or her designee who shall be a person employed in city management; one person named by the.City Attorney who shall be an attorney for the City; two persons named by donors and who shall initially be John Northway and Rosemary Young. Contractors and subcontractors and their affiliates who perform or who may perform work at the park are disqualified from serving on the AdVisory Committee. 5. It is understood and agreed by all parties that all assets contributed to the Fund shall become an irrevocable gift to the Foundation and legal control and responsibility for the Fund rests with the Foundation. In carrying out such responsibilities, the Foundation shall hold, manage, invest, and reinvest the Fund, and shall collect the income and shall pay and disburse monies from the Fund for public, education and charitable uses and purposes in accordance wi~ the recommendations submitted by the Advisory Committee, as long as such recommendations are in accord with the policies of the Foundation. It is understood that such recommendations shall be advisory only, will not be binding upon the Foundation and will not be the sole criteria used by the Foundation in determining whether to make distributions from the Fund. It is understood that in the event that no advisors are able and willing to act, the Foundation’s Distribution Committee shall make decisions without the Advisory Committee. 6. The undersigned acknowledges that the Board of the Foundation has the power and the duty to modify any restriction or condition on the distribution of funds for any specified charitable purpose or organization, if, in the sole judgment of the Foundation’s Board, without approval of any participating trustee, custodian or agent, such restriction or condition becomes, in effect, unnecessary, incapable of fulfillment or inconsistent with the charitable needs designated. 7. The Foundation shal! assume responsibility for check writing, bookkeeping, investment management, tax reporting, au4iting and evaluation of projects, and furnishing to the representative, quarterly reports of all Fund income and expenses. The initial contributions shall be invested in a money market account, and net income (defined as interest, dividends and capital growth less investment management fees) shall accrue to the fund. 8. It is understood that the Foundation will charge an annual administrative fee of .5% of the balance of the Fund. The fee will be assessed quarterly, on the Fund balance at the end of each quarter. 9. This Agreement may be amended only by an agreement in writing approved by a majority of the Board of Directors of the Foundation and a majority of the Advisory Committee No amendment shall be allowed which is inconsistent with or jeopardizes the Foundation’s status as an organization described in the Internal Revenue Code sections 170 (c) and 501(c) (3), as amended. IN WITNESS WHEREOF, the Foundation and John Northway have caused this Agreement to be executed as of the date written above: By: Name Address: Phone: Peninsula Community Foundation, a California non-profit public benefit corporation, By: Its: Foundation Page 2