HomeMy WebLinkAboutID-3166-Acterra
City of Palo Alto (ID # 3166)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/5/2012
City of Palo Alto Page 1
Summary Title: Acterra Stewardship Agreement Amendment
Title: Approval of Amendment No. 2 to the Amended and Restated
Stewardship Agreement Between The City of Palo Alto and Acterra in the
Amount of $10,000 for the Initial year of Services for the Enid W. Pearson
Arastradero Preserve
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that the Council approve the Amendment No. 2 to Amended
and Restated Stewardship Agreement between the City of Palo Alto and Acterra
to increase the contract compensation in the amount of $10,000, for a total
compensation of $66,150 for the Initial year of Services for the Enid W. Pearson
Arastradero Preserve (Attachment A).
Discussion
On October 26, 2009, the Council adopted a Mitigated Negative Declaration and
the Foothills Fire Management Plan (CMR: 326:09). This plan is an update to the
1982 and 1997 Foothill Fire Management Plans. The revised plans include fuel
treatment strategies for specifically identified sensitive areas within Foothills
Park, Pearson Arastradero Preserve and segments of Skyline Boulevard, Page Mill,
Arastradero and Los Trancos Road.
On April 16, 2012, the Council approved Amendment No. 1 to the Amended and
Restated Stewardship Agreement in the amount of $56,150 for the Initial year of
Services for the Enid W. Pearson Arastradero Preserve (ID # 2688).
City of Palo Alto Page 2
Implementation of the Fire Management Plan and Mitigated Negative Declaration
protocols are in progress. The Mitigated Negative Declaration requires that the
City follow protocols for environmental resource protection. These best
management practices include biological review of treatment areas, prescription
sheets detailing specifications for each treatment area and both pre and post-
treatment surveys.
As an amendment to the Stewardship Agreement between the City of Palo Alto
and Acterra, Acterra has been asked to add the biological review and treatment
surveys into their annual work plans.
On August 8, 2012, a fire, likely arson, burned approximate 4 acres in the Pearson-
Arastradero Preserve. As a result, the City has asked Acterra to create research
plots to observe the effects of late season fires on the preserve ecosystem and to
test various restoration techniques of burned areas as part of the Fire
Management Plans Adaptive Management practices and to better inform our
post-fire land management.
The Biological Review of treatment areas, pre and post-treatment surveys, burn
area research and fire restoration projects area added duties to Acterra work plan
at an added cost of $10,000 per year.
Resource Impact
Funds for this contract amendment ($10,000) are available in the Fiscal Year 2013
Adopted Operating Budget, Open Space Contract Services.
Policy Implications
The proposal to amend the existing Stewardship Agreement to have Acterra assist
the City in the accomplishment of the goals of the Foothills Fire Management Plan
is consistent with the public/private partnership policy.
Environmental Review
City of Palo Alto Page 3
Amendment No. 2 to the Amended and Restated Stewardship Agreement adds
biological review duties, but represents a continuation of the same use of existing
facilities, a Class I facility exempt under Section 15301 of CEQA, so no further
environmental review is required.
Attachments:
: Attachment A - Acterra Contract Amendment (PDF)
AMENDMENT NO. 2 TO AMENDED AND RESTATED STEWARDSHIP
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND ACTERRA
This Amendment No. 2 to Amended and Restated Stewardship Agreement (the
“Agreement”) is entered into September , 2012 by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (the “CITY”), and ACTERRA, a California public
benefit corporation organized under the California Nonprofit Public Benefit Corporation Law,
located at 3921 East Bayshore Road, Palo Alto, California 94303‐4303, Telephone: (650) 962‐
9876 (the “STEWARD”) (individually, a “Party” and, collectively the “Parties”).
R E C I T A L S:
1. The Agreement was entered into between the parties for the provision of
educational and research programs and the performance of a variety of maintenance and
habitat activities at the Preserve.
2. The Parties wish to amend the Agreement to increase compensation.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the Parties agree:
SECTION 1. Section 2 SCOPE OF SERVICES, subsection 2.4 is hereby amended to
read, as follows:
“2.4 As compensation for the services fully and faithfully provided during the
Term specified in Section 3.1 by the STEWARD hereunder, the CITY will pay the
STEWARD at the beginning of each calendar quarter, commencing July 1, 2012, upon
receipt of the STEWARD's quarterly invoice the amount of sixteen thousand five
hundred and thirty seven dollars and fifty cents ($16,537.50), for a total annual
compensation of sixty‐six thousand one hundred fifty dollars ($66,150.00) per year.”
SECTION 2. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and
effect.
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IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment on the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
_____________________________
Senior Asst. City Attorney
Date:
ACTERRA
By:___________________________
Name:_________________________
Title:________________________