HomeMy WebLinkAboutStaff Report 183-08City of Palo Alto
City Manager’s Report
TO:HONO1L6,BLE CITY COUNCIL
7
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
APRIL 14, 2008 CMR: 183:08
APPROVAL OF AN ACCESS AGREEMENT WITH ACTERRA TO
PEI~MIT THE USE OF REAL PROPERTY IN ORDER TO IMPLEMENT
A HABITAT RESTORATION PROJECT AT THE PEARSON
ARASTIL~DERO PRESERVE
RECOMMENDATION
Staff recolmnends that Council authorize the City Manager or his designee to enter into an access
agreement with Acterra to permit the use of real propem.; within the Enid W. Pearson Arastradero
Preserve in order to implement a habitat restoration project with specified grant funding provided
by the California Coastal Conservancy to Acterra.
BACKGROUND
On April 28, 1997, Council approved a five-year contract with Bay Area Action to act as the
steward of the .ad’astradero Preserve and to implement action steps of the Council-approved
Arastradero Management Plan (CMR:199:97). The contract with Bay Area Action, now named
Acterra, was renewed for additional five-year contracts on July 22, 2002, (CMR:339:02) and on
October 1, 2007 (CMR:374.07). In confornaance with its contract, Acterra is responsible for
developing an mmual work plan that details the work tasks that are to be perfo~Tned and
accomplished by Acten-a staff and volunteers for the restoration of habitat within the Preserve.
On September 12, 2005, Council approved the purchase of 13-acres of land within the Pearson
Arastradero Preserve that was fo~Tnerly owned by the Bressler family, and later by the Peninsula
Open Space Trust (CMR 368:05). In the process of acquiring the propert)7, Council approved a
resolution to accept a $1,000,000 grant from the California Coastal Consera,ancy for the
purchase, and agreed to provide the Coastal Conservancy an Irrevocable Offer to Dedicate Fee
Title for a conservation easement on the propert3~. This conservation easement provided
assurance to the-Coastal Conservancy mad other funding agencies that the land would be held by
the City in perpituiry as public open space land for conservation and recreation purposes.
Since the land was acquired in 2005, staff and Acterra have worked together to prepare a plan to
restore the propert5’ to riparian habitat and to re-colmect two segments of Arastradero Creek
CMR:183:08 Page 1 of 3
(Attactvnent B - Site Plan). V~,qlen the property was fornaerly owned by the Bressler family and
operated as a horse stable, an 1,100-foot section of a tributal), to Arastradero Creek was
cham~eled through an underground concrete culvert. In 2006, City" staff was successful in
obtaining a Riparian & Riverine Habitat grant from the State of California to remove sections of
the concrete culvert, re-comour the meandering path of the historic stream, and remove excess
piles of dirt that had been placed on the property over many years.
Working with detailed habitat restoration plans designed by H. T. Harvey and Associates, staff
and volunteers have begun a ten-year process to re-create a stream corridor supporting willows
and other native riparian plants in order to provide viable habitat for California Red-legged
Frogs, California Tiger Salamanders and other wildlife.
DISCUSSION
In order for the City to be successful in re-establishing a riparian corridor through the len~h of
the 13-acre prope~, staff has worked with Acterra to create a ten-year implementation plan. The
plan calls for planting 5,000 native plants, controlling weeds along the corridor and monitoring
the successful vegetation of the restored area
Acterra has applied for, and has been approved for a four-year, $72,000 ~’ant from the California
Coastal Conservancy to provide resources for the coordination of volunteers, control of invasive
weeds, monitoring of the restoration project site, and for the dissemination of information about
the restoration project. While the "completion date" of the project stipulated in the gant
agreement is December 31, 2011, which is within the term of the current five-year a~’eement
between the City and Acterra for stewardship services, the contractual "termination date" of the
grant agreement is December 31,2031. The inclusion of a twenty-year maintenance period is
intended to provide the Coastal Conservancy assurance that the funded project is adequately
sustained by the grantee beyond just the implementation period.
The attached agreement (Attactvnent A) assures Acterra access to the project site by the City of
Palo Alto beyond the period of the current stewardship a~eement for monitoring of the
restoration site. This land owner agreement will satisfy the Coastal Conservancy’s requirement
that the project site wi!l be adequately sustained through 2031.
The Acterra Boad of Directors has approved a resolution (Attachment C) pledging its
commitment to maintain, monitor and support the project site until the termination date of the
grant agreement in 2031.
RESOURCE IMPACT
Work covered by the grant application to restore City-owned park land is currently a contractual
responsibility for Acterra under the terms of the Stewardship Agreement. The City of Palo Alto
works closely and cooperatively with Acterra to manage the natural resources of the Pearson
Arastradero Preserve. Since the plantings in the restoration site are native plants, once
established, these stock will need minimal care or watering to be self-sustaining. Since the City
already has an obligation under the terms of the conservation easements (agreed to during the
CMR: 183:08 Page 2 of 3
purchase of the property) to maintain and preserve the project site, the City is not increasing its
responsibilities or expenses by entering into this access and use agreement with Acterra.
The long-term success of viable riparian habitat will ultimately benefit native wildlife, and will
reduce Cit3~ labor and maintenance costs in controlling weeds in this area of the Pearson
Arastradero Preserve.
POLICY IMPLICATIONS
This recommendation is consistent with existing City policy.
ENVIRONMENTAL REVIEW
The approval of this agreement is not considered an action subject to the California
Enviromnental Quali~7 Act; therefore, no enviroi~mental assessment is needed at this time.
Enviroranental review was completed for the actual re-creation of the ephemeral stream and re-
vegetation plan.
ATTACHMENTS
Attactm~ent A:
Attachment B:
Attactm~ent C:
Land Owner Agreement with Acterra
Restoration Site Map
Resolution No. 1-08 from the Acterra Board of Directors
PREPARED BY:
(_..)GREG B~TTS
Open Space and Parks Division Manager
RICHAq~"Y’AMES ,/"
of Communi~ Se~s
CITY MANAGER APPROVAL:@ ~
EMILY HARRISON
Assistant Cit%~ Manager
CMR:183:08 Page 3 of 3
AGREEMENT REG.~d;~d)ING ACCESS TO AND USE OF REAL PROPERTY IN
ORDER TO IMPLEMENT A HABITAT RESTORATION PROJECT
(Pearson-Arastradero Preserve)
This agreement is entered into by Acterra, a California nonprofit organization ("the nonprofit
organization") and the City. of Palo Alto ("the owner").
PERTINENT FACTS
No The owner owns certain real property ("the property."), located at the Pearson-Arastradero
Preserve in the City of Palo Alto, Santa Clara Count3’, California, as shown in Exhibit A,
which is incorporated by reference and attached.
The nonprofit organization is a California nonprofit organization existing under Section
501 (c)(3) of the United States Interna! Revenue Code and whose purposes are consistent with
Division 21 of the California Public Resources Code.
The ow-ner seeks the assistance of the nonprofit organization in restoring the natural
resources and enhancing habitat on the property, and the nonprofit organization seeks to
provide this assistance.
On December 13, 2007, the State Coastal Conservancy ("the Conservancy"), an agency of
the State of California established under Division 21 of the Public Resources Code,
authorized a grant to the nonprofit organization, subsequently awarded under Grant
Agreement No. 07-100 ("the grant agreement"), to undertake on the property a habitat
restoration proj ect with school and volunteer groups.
The grant agreement requires that the nonprofit organization enter into an agreement
sufficient to protect the public interest in any restoration projects implemented under the
Conservancy’s grant, and to ensure that the nonprofit organization has permission to
implement and monitor proj ects-on the ow-ner’s land.
THE PARTIES AGREE AS FOLLOWS, in light of the Pertinent Facts, above:
DURATION. This agreement shall take effect when fully executed, on the date last signed
below, and shall run until the later of 20 years from its effective date or completion of the
restoration described in this agreement, unless the agreement is terminated earlier by either
party in writing, with written consent of the Executive Officer of the Conservancy, which
shall not be unreasonably withheld.
A~reement: Habitat Restoration Hands-On Proiect
(Pearson-Arastradero Presets, e)
RESTO1K4,TION AND MAINTENANCE. The nonprofit organization shall implement a
restoration project on the propel~:y in accordance x~dth the gant agreement, including, without
limitation, invasive plant removal and revegetation. The nonprofit organization shall
maintain the project during the term of this agreement. This clause shall survive termination
of this agreement.
COASTAL CONSERVANCY GRANT. The nonprofit organization shall fulfill the
requirements of the grant agreement with respect to the property.
SIGNS. The nonprofit organization shall provide signs, placards, or other approved forms to
ac ~knowledge the role of the nonprofit organization and funding from the Conservancy. The
o~mer shall allow installation of the ac "k_nowledgment on the property during the term of this
agreement. The number, design, placement, and wording of the signs or other forms of
ac ~knowledgement shall be subject to approval of the Executive Officer of the Conservancy.
This clause shall survive termination of this agreement.
ACCESS BY THE NONPROFIT ORGANIZATION. The nonprofit organization shall
have access to the property to accomplish the purposes of this agreement, including
monitoring during the entire term of this a~eement. The o’~er may restrict or deny access
to the property if an emergency exists which threatens public health and safety or the natural
resources of the property. In that event, all reasonable measures shall be taken to remedy the
emergency conditions and restore the nonprofit agency’ s right of access to the property.
INSPECTION. The nonprofit organization and the ov,~er shall permit the Conservancy, its
agents or employees, to visit the project site at reasonable intervals during the term of this
agreement to determine whether the site is being restored and maintained in a manner
consistent with the grant a~eement. This clause shall survive termination of this agreement.
OXVNER’S USE OF THE PROPERTY. Except as provided in this paragraph, the ovva’ler
reserves the right to use the property in any manner, provided that its use does not
unreasonably interfere with the nonprofit organization’s rights under this agreement. During
the term of this a~eement, the owner shall use the property and habitat improvements in a
manner consistent with the purposes of the ~ant agreement; this includes, but is not limited
to, refraining from harming, damaging, removing, altering, or interfering with the restored
sites.
SUPERVISION. The nonprofit organization shall exercise reasonable diligence in
supervising school children, members of the public, and others who participate in restoration
projects. The nonprofit organization shall not conduct its program in any manner that would
jeopardize public safety or damage property.
Agreement: Habitat Restoration Hands-On Project
(Pearson-Arastradero Preserve)
LIABILITY. The nonprofit organization shall be responsible for, indemnify and save
harmless the Conservancy, its officers, agents, and employees from any and all liabilities,
claims, demands, damages or costs resulting from, ~rowing out of.. or in any way connected
with or incident to the propel~ and improvements on it, except for active negligence of the
Conservancy, its officers, agents or employees. The duty to indemnify and save harmless
includes the duty to defend as set forth in Civil Code Section 2778. The nonprofit
organization waives any and all rights to any ~pe of express or implied indenmity or right of
contribution from the Conservancy, its officers, agents or employees, for any liability
resulting from, gowing out of, or in any way connected with or incident to the project, the
property, and improvements on it.
10.SUCCESSORS TO THE NONPROFIT ORGANIZATION. If.. for any reason, including,
but not limited to the dissolution and winding up of the nonprofit organization, the nonprofit
organization is unwilling or maable to meet its obligations under this agreement, the
Executive Officer of the Conservancy shall have the right to designate a public entity or
nonprofit corporation to assume the responsibilities of the nonprofit organization under this
agreement, with wTitten consent of the owner, which shall not be unreasonably withheld.
11.AMENDMENT OR TERMINATION. This agreement shall not be amended, terminated or
modified without the written consent of the Executive Officer of the State Coastal
Conservancy, which is agreed to be a third-pat~2 beneficiary of this agreement.
12.SUCCESSORS 1N INTEREST. The terms of this agreement shall be binding on all
successors and assigns of the parties to this agreement.
13.FORBEARANCE NOT A WAIVER. Any forbearance on the part of a party or its
successor in interest, to enforce the teiTns and provisions of this agreement in the event of a
breach shall not be deemed a waiver of the party’ s right regarding any subsequent violation
or breach.
14.SEVEtL4BILITY. If any of the provisions of this agreement are found by a court of law to
be of no force or effect, the validity of all other provisions shall be unaffected.
15.NOTICES. Notices issued pursuant to this agreement shall be sent to the following
addresses (or to a subsequent address of which notice has been provided in writing):
Executive Officer
State Coastal Conservancy
1330 Broadway, 13th Floor
Agreement: Habitat Restoration Hands-On Proiect
(Pearson-Arastradero Preserxe)
Oakland, CA 94612-2530
Cib’ of Palo Alto
1305 Middlefield Road
Palo Alto, CA 94301
Acterra: Action for a Sustainable Earth
.~9_1 East Bayshore Road
Palo Alto, CA 94303
ACTERRA
CITY OF PALO ALTO, the owner
[Authorized signature]Date
[Print or type name]
[Title]
4
Acterra
Action.for a .~ustai~ab~e Earth
392t East Bayshore Road
Palo Alto, CA 943o3-43o3
tel 650.962.9876
fax 650.962.8234
www. acterra.orE
info@acterra.or8
Resolution
Resolution No. 1-08
Resolution of Acterra: Action for a Sustainable Earth
Approving the Grant of Funds from the
State Coastal Conservancy
For Pearson-Arastradero Preserve Restoration Project
W~IEREAS, the Legislature of the State of California has established the State
Coastal Conservancy ("Conservancy") under Division 21 of the California Public
Resources Code, and has authorized the Conservancy to award grants to public agencies
and nonprofit organizations to implement the provisions of Division 21; and
WHEREAS, the Conservancy awards grants for projects that it determines are
consistent with Division 21 of the Public Resources Code and with the Conservancy’s
Strategic Plan and that best achieve the Conservancy’s statutory objectives, in light of
limited funding.
\VHEREAS, at its December 13th, 2007 meeting, the Conservancy adopted a
resolution authorizing a grant to Acterra ("grantee") for Pearson-Arastradero Preserve
Restoration Project ("the project"). The resolution was adopted by the Conser~,ancy
pursuant to and is included in the Conservancy December 13th, 2007 staff
recommendation, a copy of which is on file with the grantee and with the Conservancy.
WHEREAS, the Conservancy requires that governing body of the grantee certif),
through a resolution that it approves the award of Conservancy grant funding and
authorizes the execution by a representative of the grantee of a grant agreement on terms
and conditions required by the Conservancy [or, if the grant agreement if already
finalized: and authorizes the. execution of a grant agreement in substantially the form of
the agreement attached to this resolution as E "xhibit ! ];
NOW, THEREFORE, be it resolved that the grantee hereby:
1. Approves the award of grant funding from the Conservancy for the project.
2. Ac ~knowledges that it has or will have sufficient funds to complete the project
and, if any facilities are constructed as a part of the project, to operate and maintain the
project for a reasonable period, not less than the useful life of the facilities.
{1/03]
3. Agrees to provide any funds beyond the Conservancy grant funds necessa~ to
complete the project.
4. Agrees to be bound by all terms and conditions of the grant agreement and any
other agreement or instrument as may be required by the Conservancy and as may be
necessary to fulfill the terms of the grant agreement and to complete the project.
5. Authorizes any of the following named officers or employees of the grantee [or:
any person holding any of the following positions with the grantee] to act as a
representative of the gantee, to negotiate and execute on behalf of the grantee all
agreements and instruments necessary to comply with the Conservancy’s grant
requirements, including, without limitation, the grant agreement: Sheri Lubin:
Stewardship Program Director, Miriam Sachs Martfn: Chief Preserve Steward, Claire
Elliott: Education Coordinator.
APPROVED AND ADOPTED February 28th, 2008.
I, the undersigned, hereby certify that the above Resolution No. 1-08 was duly adopted
by the grantee by the following roll call vote of its board of directors:
Ayes:
Absent:
Andrew Fenselau, President