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HomeMy WebLinkAbout2000-05-01 City CouncilCity of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:MAY 1, 2000 CMR: 229:00 SUBJECT:APPROVAL OF A RESOLUTION FOR THE SECOND AMENDMENT OF LEASE PRC 7348.9 WITH THE CALIFORNIA STATE LANDS COMMISSION FOR ADDITIONAL USE OF LANDS CLAIMED BY THE STATE 3 RECOMMENDATION Staff recommends that Council approve the attached resolution authorizing the CityManager or his designee to execute the Second Amendment of Lease PRC 7348.9 withthe California State Lands Commission (SLC) for additional use of lands claimed by the State (Attachment A). BACKGROUND In December 1989, during the site and design review process for Byxbee Park, the SLC and the City of Palo Alto (City) entered into Lease PRC 7348.9 whereby the SLC granted the City a lease in the vicinity of Mayfield Slough in Palo Alto (Attachment C). The lease allows the City to construct the improvements contained in the Byxbee Park Master Plan. On May 5, 1992, the lease was amended for the first time prior to the closure of the Phase IIA section of the landfill. DISCUSSION In February 2000, the SLC was contacted during the State Clearinghouse review of a Negative Declaration for the Palo Alto landfill partial closure, Phase IIB. The SLC determined that an amendment of Lease PRC 7348.9 is required to add the Phase IIB area to the leased premises. The SLC has prepared the attached amendment for the landfill si~e. The City Attorney’s Office has reviewed and approved the format and content of the proposed Amendment which contains the following terms: The revised land description, including a new parcel identified as Phase IIB. The City is allowed to construct the following improvements on Phase IIB area: Clearing of the existing vegetation and stripping approximately three’to six inches of foundation soil. Re-compaction of the existing foundation layer. Placement of the final cover, CMR:229:00 Page 1 of 2 Hydroseeding with native grasses. Construction of a perimeter drainage channel. Construction of fencing. Raising and securing of existing environmental control systems. RESOURCE IMPACT Funds for the Phase IIB Landfill Partial Closure project are included in the FY 99-00 Refuse Fund and proposed FY 00-01 CIP budgets. POLICY IMPLICATIONS This recommendation does not represent a change to existing City policies. ENVIRONMENTAL REVIEW A Negative Declaration has been prepared by staff (Attachment B) and its approval by Council is recommended. No further environmental assessment is required: ATTACHMENTS Attachment A:Resolution and Second Amendment Attachment B:Negative Declaration Attachment C:Original Lease Agreement PREPARED BY:Michael Jackson, Deputy Director of Public Works Operations DEPARTMENT HEAD: GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: E~L/~ HARRISON Assistant City Manager CMR:229:00 Page 2 of 2 ATTACHMENT A RESOLUTION NO. 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, 1989, whereby the State granted to the City a lease in the vicinity of Mayfield Slough within the qity; and WHEREAS, because resolution of the respective rights of the State and the City Gould have been costly and time consuming the State agreed to modify its general lease 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 continues to dispute the State’s asserted jurisdiction and believes that the lands in the vicinity of Mayfield Slough are the sole prOperty of the City; and WHEREAS, Paragraph 16(e) of Section 4 of lease: PRC 7348.9 provides that the lease may be changed, altered or amended by mutual consent of the parties; and WHEREAS, the City has previously planied for the conversion 9f 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 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") without 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; 000426 syn 0090614 NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION i. 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: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Director of Planning and Community Environment Director of Administrative Services 000426 syn 0090614 2 RF__~ORDED AT ~ 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 CAL~ORNIA OFFICIAL BUSINESS Document entitl~l to free recordation put..suant to Government Code Section 27383 County:. Santa Chra STATE OF CALIFORNIA STATE LANDS COMMISSION SECOND AMENDMENT OF LEASE PRC 7348.9 WHEREAS, the State of Callfomi%. acting through the State Lands Commission, hereinafter called Lessor, and, the City of Palo Alto hereinai~er 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, I989, which was amended on May 5, 1992, whereby the Lessor granted to said Lessee a General Permit - Public Agency, Recreational covering certain.Stat.e 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 conditions amended, revised or supplemented only by mutual written agreement of the parties; and WHEREAS, the Lessee has previously.planned forthe conversion of the dosed Baylands Sanitary Landfill into a pastoral, passive park; and -WHEREAS, said plans include the land area described as Parcel I, which was heretofore included inlease PRC 7348.9 betweenthe 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 here.by deleted from Lease PRc 7348.9.. EXHIBIT "A" A new Exhibit A.Land Description dated April 2000, including parcels identified as Phase I, Phase ILK andPhase liB, as shown on Exhibits A-1 -and A-2 attached hereto and incorporated herein by. this reference, hereby replaces the prior Land Description. The existing Authorized Improvements under Section 1 ~d. Section 1C of Lease and Amendment to PRC 7348.9 are hereby amended to also include the. following work and activities authorized in and on Parcel lm: , 1) 2) 3) 4) s) 7). clearing of native vegetation and stripping approximately three (3) to six(6) inches. of existing foundation layer soil’, ’ 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; placing 1 foot of low-permeability layer over the foundation layer, followed by 1 foot of vegetative layer; hydroseeding the Vegetative layer with native grasses; construction of perimeter drainage.channels " construction of feneing to separat.e the closed area from acti~,e.landfill operations ¯ raising and securing.existing environmental control systems (leachate and landfall gas collection syste~ms). The effective date 6fthi~ amendment to the aforesaid Agreement shall be, June ], 2000. This Amendment is a portion of d0cument number PR.C 7348.9, with a begins." g date of September 27, 1989, consisting of four (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 bi~.ding 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 Agreeme, nt as of the date hereafter affixed.. LESSEE: By: CITY OF PALO ALTO STATE OF CALIFORNIA STATE LANDS COMMISSION By: Title: Date:- Title: Execution of this document was authorized by the State Lands Commission on EXHIBIT A-I PRC 7348.9. ¯.LAND DESCRIPTION " Three pa:rcels of filled tide and sugmer~e~t la~id within .theproiected Seotions 31. and 32, T5S, R2W, MDM, situated in.Palo Alto; 8antaClara County, California; said parcels are .shown as Phases I, .IIA and liB on the BYxbee Landfi!l.Park Master Plan,’ JanuarY !2, .1989, on file in the records of the State Lands Commissionl . .. ’ END OF. DESCRIPTION REVISED APRIL, 2000 BY LLB ATTACHMENT B ENV!R ONMENTAL CHECKLIST FORM t. Project Title:Palo Alto Landfill Final Closure, Phase liB £ O0 ?88.8. e Lead Agency Name and Addres~s: J City of Palo Alto ’Department of Public Works, Operations Division 3201 East Bayshore Road Palo Alto, CA 94303 3. Contact Persons and Phone Numbers: 4.. Project Location: ¯ Phung Hoang, Senior Engineer (650) 496-691.3, or Sean Kennedy, Environmental Specialist (650) 496-5937 The facility is located at 2380 Embafcadero Road, Palo Alto, Santa "Clara .County, Califomia, It is located approximatel.y one-half mile northeast of U.S..Highway 101. in the Palo Alto Baylands adjacent to San Francisco Bay and approximately one mile south of the Santa Clara and San Mateo County line. A site location map show.ing the location of.the Palo.AIto Landfill is enclosed as Exhibit 1. 5. Project Sponsor’s Name and Address: 6.General Plan Designation: PuSlic Park. City of Palo Alto Public Works Department, Operations Division. 7.Zoning: PF(D), Public Facility (Site and Design Review Combining District) 8.Description of the Project: The final closure of Phase liB will entail the construction of a final Cover over the Phase liB landfill surface in accordance with minimum requirements set forth in Title 27, California Code.of Regulations (CCR), Section 21090(a). The proposed closure construction activities, which will be implemented in the Summer of 2000, will encompass approximately 23 acres. Phase lib has essentially reached capacity. Two (2) feet of compacted foundation layer material has been placed over the refuse and will be incorporated.into the final cover design. Elements of the Phase liBclosure construction C:\16BITAPS\OFFICE\SK\INITST 1 .WPD Page 1 ATTACHMENT B ENVIRONMENTAL CHECKLIST FORM .operations will include: Clearing of native vegetation and stripping approximately three (3) to six (6) inches of existing foundation layer soil. 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 layer design grades. Placing 1 foot of low-.permeability layer over the foundation layer, followed by 1 foot of vegetative layer.. . Hydroseeding the vegetative layer with native grasses. Construction of perimeter drainage channels. Construction of fencing to separatethe closed area from active iandfill operations. Raising and securing existing environmental control systems (leachate and landfill gas collection systems). Background Information In October 1978, the Palo Alto City Council (Council) approved and adopted the Baylands Master Plan and Environmental Impact Report (EIR) which included a principal element of converting the Palo Alto Landfill facility to a pastoral park upon closure of the entire landfill. In March 1987, the CoL~ncil approved in concept a Master Plan and Phase I development plans for Byxbee Landfill Park. Since then, the Council has been reviewing and providing guidance to staff and consultants preparing the final plans, consistent with the requirements of the regulatory agencies with respect to closure of the Palo Alto Landfill (City of Palo Alto [City], 1991 [1]). In 1988, a consultant team composed of a landscape architect and two artists selected by the Visual Arts Jury were retained .to prepare the Byxbee Park - Palo Alto Baylands. update and to develop the final design and contract documents for Byxbee Landfill Park C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 2 ENVIRONMENTAL CHECKLIST FORM Phase I. In March 1989, the Council approved the updated Byxbee Landfill Park Master Plan and Phase I Park Development. In accordance with Council’s direction, the revised master plan reflects a more passive.park with a lowerconstruction cost. Park development will be completed .in two (2) phases (City, 1991): The Phase I Park Development area is located in the northeastern part of the site and consists of 29 acres. Park development includes converting the landfill area to a passive non-irrigated park complete with trails, restrooms and various art features. Phase II Park Development, comprising approximately 97 acres, will be initiated upon cessation of all landfill activities at the site. Park development will include completionof the trail system and addition .of hillocks, alluvial berms, an astronomy viewing platform, and a paved parking lot. Prior to Phase II park development, the remaining site will be. partially closed in three phases: IIA, liB, and IIC. Closure will occur as each phase reaches full capacity. A site plan showing the general site configuration and pertinent features is presented in Exhibit 2. Plans and specifications for Byxbee Landfill Park Phase I were approved by the California Regional Water Quality Control.Board, San Francisco Bay Region (RWQCB) on June 2, 1989, and by the Sabra Clara County Department of Environmental Health (LEA) on June 28, 1990. During the environmental .review process for this project, the California Integrated Waste Management Board (ClWMB) required the City to prepare and submit a Closure and Postclosure Maintenance Plan (CPMP) for the Phase I area. The City, with assistance from EMCON Associates (EMCON), had negotiated with the CIVVMB to allowthe submittal of existing documents related to the landfill closure as the preliminary closure plans for the entire landfill and the final closure plans for the Phase I area (EMCON, 1991 [2]). On July 27, 1.990, the CIWMB, by Decision No: 90-33, approved the closure/postclosure certification ofthe Palo Alto Landfill, Permit No. 43-AM-0001, for the entire site as satis- fying the requirements of Government Code §66796.22(b)(1) and (2). The CIWMB also conditionally approved the specific activities of Byxbee Landfill Park Phase I (EMCON, 199112]). Construction for Byxbee Landfill Park Phase I commenced in August 1990 and was completed and opened for public use in September 1991. C:\16BITAPS\OFFICE\SK\INITST 1 .WPD Page 3 ENVIRONMENTAL CHECKLIST FORM In 1991, a Final CPMP detailing the phased closure of Phase IIA, liB, and IIC was prepared by EMCON in compliance with Title.14, CCR. The plan was submitted to the LEA, the RWQCB and the CIWMB. for review and was subsequently approved in February 1992. The Phase IIA area, encompassing approximately 24 acres, was filled to grade and closed in November 1992. In October 1993, the City began delivery of approximately two-thirds of its refuse to the Sunnyvale Material Recovery and Transfer Station (SMART) facility, significantly reducing disposal tonnages at the Palo Alto Landfill. Assembly Bill 939 waste diversion mandates also contributed to reductions in disposal tonnages at the landfill. Based on discussions between the City and the ClWMB in September 1995, itwas determined that the projected site life and closure phasing plan for Phases lib and IIC were no longer valid due to the recent changes in disposal tonnages. As a result, the ClWMB mandated the development of an upgraded Preliminary CPMP for Phases lib and IIC, followed by the prepara~on of Final CPMPs for the respective phases as they approach final closure. In response to the aforementioned requirements, a Preliminary CPMP was prepared by EBA Wastechnologies (EBA, 199813]) for Phases liB and 11(3 in accordance with Title 27, CCR. This document updated the closure phasing plan, volumetric capacity calculations for Phase liB and IIC closure areas based on changes to disposal rates, and the corresponding closure cost estimates. EBA is also in the process of preparing a Final CPMPfor Phase liB. A similar document will be prepared.for Phase IIC within two years of its final closure date. The purpose of these plans is to minimize the potential for events which could cause a threat to water quality, to public health and safety, or to the environment, and to ensure that adequate resources will be available to properly accomplish closure of the site. The plans establish specifications for closure design, construc’don, and management, and provide construction cost estimates so that financial assurance provisions for this purpose can be made: Other purposes of the plans include: Providing a written plan with sufficient detail that a third party, not familiar with the Palo Alto Landfill history, operations, or planned closure activities, could execute in accordance with the above stated objectives; Providing a reference for Palo Alto Landfill personnel to assess the C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 4 ENVIRONMENTAL CHECKLIST FORM compatibility of pertinent operational changes with the approved plan; and Minimizing the extent of necessary postclosure maintenance through proper planning, scheduling, and engineered design. The focus of this Initial Study is the closure of Phase liB. Closure of this phase will be in accordance with the approved Final CPMP. Existing environmental control systems, including landfill gas monitoring and collection systems, leachate monitoring and collection systems, and the groundwater monitoring system will be protected during construction and remain operational during the postclosure maintenance period. For the purpose of this Initial Study, the duration of this project encompasses the Phase liB closure construction operations and postclosure maintenance up through the active life of Phase IIC, whereupon a separate Initial Study will be developed for final closure of Phase lie.. Formal environmental evaluation of the Phase II Park Development is not included as part of this Initial Study. 9. Surrounding Land Uses and Setting: The area east and south of the facility is comprised of the Palo Alto Flood Basin. This Basin serves as a stormwater reter~tion facility that receivessurface and stormwater runoff from the ci’des of Palo Alto and Mountain View, and upland areas west of Palo Alto. Pdmarywater body features within the flood basin that are adjacent to the landfill facility include Mayfield Slough and Matadero Creek (City, 199614]). West of the facility is an open space area generally identified as the Emily Renzel Marsh. This property is owned by the City and includes several improvements. Immediately west ofthe landfill perimeter is a saltwater marsh area developed in 1991: Approximately 900 ¯ feet west of the landfill boundary is bordered by the KFS World Communications, Inc. (KFS) radio transmission facility. The KFS facility includes buildings and radio antennas for non-satellite ship-to-shore communication and is used by KFS under an easement from the City (City, 1996). The area north of the facility includes the former Palo Alto Yacht Harbor and an unnamed lJdal marshland area. Both of these features are extensions of San Francisco Bay (City, 1996). C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 5 ENVIRONMENTAL CHECKLIST FORM The northwest corner of the landfill facility is bounded by the Palo Alto Regional Water Quality Control Plant (PARWQCP). The PARWQCP treats wastewater from the communities of Palo Alto, East Palo Alto, Stanford, Mountain View, Los Altos and Los Altos Hills. The treated wastewater is discharged into San Francisco Bay. The area northwest of the facility-also includes vari’ous commercial buildings along Embarcadero Road and Embarcadero Way. Commercial facilities within 1,000 feet of the facility boundary include the following businesses (City, 1996): PARWQCP California Self Storage Intuit, Inc. Intuit, Inc. Maldive Corporation Network Translation, Inc Intuit, Inc. Collagen Corporation 2501 Embarcadero Way 2425 Embarcadero Way 2478 Embarcadero Way 2470 Embarcadero Way 2468 Embarcadero Way 2464 Embarcadero Way 2460 Embarcadero Way 1850 Embarcadero Way C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 6 ENVIRONMENTAL CHECKLIST FORM 10.Other public agencies, whose approval is required (e.g. permits, financing approval, or participation agreement). ¯ ¯Regional Water Quality Control Board ¯California Integrated Waste Management Board ¯Local Enforcement Agency ¯Bay Area Air Quality Management District ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land use and Planning Population and Housing Geological Problems Water Air Quality Transportation and Circulation Biological Resources Energy and Mineral Resources Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: C:\16BITAPS\OFFICE\SK\INITST 1 .WPD Page 7 ¯ ENVIRONMENTAL CHECKLIST FORM DETERMINATION: (-I’o be completed by the Lead Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, the~’e will not be a significant effect in this case because the mitigation measures described on anattached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an eaHier document p.ursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the eadier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find thatalthough the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (1) have been analyzed in an eadier EIR pursuant to applicable standards and (2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Project Planner Director of Planning & Community Environment Date Date C:\16BITAPS\OFFICE\SK\INITST 1 .WPD Page 8 ENVIRONMENTAL CHECKLIST FORM EVALUATION OF ENVIRONMENTAL IMPACTS: 1) 2) 3) 4) 5) 6) A brief explanation is required for all answe~:s except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e. g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e. g. the project will not expose sensitive receptors to pollutants, based ona project-specific screening analysis). All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. "Potentially Significant Impact’ is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must descdbe the mitigation measures, and bdefiy explain how they reduce the effect to a less than significant level (mit!gation measures from Section 17, "Eadier Analysis," may be cross- referenced). Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or-negative declaration. Section 15063 © (3) (D). Earlier ¯ analyses are discussed in Section 17 at the end of the checklist. Lead agencies are encouraged to incorporate into the checklist references to information sources for. potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared, or outside document should, where appropriate, include a reference to the. page or pages where the statement is substantiated. A-source list should be attached, and other sources used or individualscontacted should be cited in the discussion. 7) This is only a suggested form, and lead agencies are free to use different ones.. C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 9 Issues and Supporting Information Sources Souroel Potentially Significant Impact Potentially Significant Unlace Mitigation Incorporated Lesa Than Significant Impaot 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? b)Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be in.compatible with existing land use in the vicinity?. d) e) b) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? POPULATIONAND HOUSING. Would.the proposal: Cumulatively exceed official regional or local population projections? Induce substantial growth in an area either directly or indirectly (e.g, through projects in an undeveloped area or major infrastructure? c) Displace existing housing, especially affordable housing? reX- reX- reX- reX- reX- --X- = a) Fault rupture?- 5 - b) Seismic ground shaking?--6 - c) Seismic ground failure, including liquefaction?- 6 - d) Seiche, tsunami, or volcanic hazard?- 7 - e) Landslides or mudflows? GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: reX- C:\16BITAPS\OF.FICE\SK\INITST1 .WPD Page 10 Issues and Supporting Information Sources 8ouroee Potentially 81gnlnoant Irnpeot Potentially $ignlfioant Unlese Mitigation Inoorporated Signifioant net’ Impact f)Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? g) Subsidence of the land? h) Expansive soils? I) Unique geologic or physical features? 4. WATER. Would the proposal result in: a)Changes in absorption rates, drainage patterns, or the rate mXB and amount of surface runoff? b) Exposure of people or property to water related hazards - 3 -reX-such as flooding?. c)Discharge into. surface waters or other alteration of surface water quality, including but not limited to temperature, dissolved oxygen, turbidity or other typical storm water pollutants (e.g. sediment and debris from construction, hydrocarbons and metals from vehicle use, nutrients and pesticides from landscape maintenance? reX- d) Changes in the amount of surface water in any water body BX--or wetland?. e)Changes in currents, or the course or direction of water --X-movements, in marine or freshwater, or wetlands? f)_×_Change in the quantity of g~’ound waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss.of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h).Impacts to groundwater quality through infiltration of reclaimed water or storm water runoff that has contacted pollutants from urban or industrial activities? Substantial reduction in the amount of groundwater otherwise available for public water supplies? -3- i) reX- reX- C:\16BITAPS\OFF.ICE\SK\INITST 1 .WPD Page 1 1 Issues and Supporting Information Sources Sourcas Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact j) Alteration of wetlands in any way?--X- 5. NR QUALITY. Would the proposal: a)Violate any air quality standard or contribute to an exiting or projected air quality violation? b) Expose sensitive receptors to pollutants c)Alter air movement, moisture, or temperature, or causeany change in climate? d) Create objectionable odors? a) b) --X- --X- TRANSPORTATION/CIRCULATION. Would the proposal result in: Increased vehicle trips or traffic congestion? Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment))? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off-site? ¯ e) Haza~’ds or barders for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterbome or air traffic impacts? reX- NX- reX- --X- --X- BIOLOGICAL RESOURCES. Would the proposal result reduction or interference in: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals or birds)? reX- b) Locally designated species (e.g. heritage trees)?reX- C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 12 Issues and Supporting Information Sources Souroea Potentially Signifioant Impaot Potentially Signifioant Unless Mitigation Inoorporated Leas Than Signifi©ant Impaot c)Locally designated natura! communities (e.g. oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool? e) Wildlife dispersal or migration con’idors? reX- reX- --X- 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b)Use non-renewable resources in a wasteful and inefficient manner?. c) Result in the loss of availability of a known mineral resource that would be of future value to theregion and the residents of the State? HAZARDS. Would the proposal involve: a) b) c) d) e) A dsk of accidental explosion or release of hazardous substances(including, but not limited to: oil, pesticides, chemicals or radiation)? Possible interference with an emergency response plan or emergency evacuation plan? The creation of any health hazard or potential health hazard? Exposure of people to existing sources of potential-health hazards? Increased fire hazard in areas with flammable brush, grass of trees? 10. NOISE. Would theproposal result in: a) Increase in existing noise levels? b) Exposure of people to severe noise levels? reX- reX- C:\16BITAPS\OFFICE\SK\INITST 1 .WPD Page 13 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant ’ Unlea= Mitigation Incorporated Le=a Than Significant Impact 11.PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d)Maintenance of public facilities, including roads or storm drain facilities? e) Other governmental services? 12.UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a), Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage or storm water quality control? f) Solid waste disposal? g) Local or regional water supplies? t3. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? --X- --X- reX- --X- --X- --X- --X- --X- reX- --X- --X- --X- --X- C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 14 Issues and Supporting Information Sources SOUi’OeS Potentially Significant Impact Potentially Significant Unlese Mitigation Incorporated Less Than Significant Impact b) Have a demonstrable negative aesthetic effect? c) Create light or glare? 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d)Have the potential to cause a physical change which would affect unique ethnic cultural values? e)Restrict existing religious or sacred uses within the potential impact area? --X- reX- 15. RECREATION. Would the proPOsal: a)Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? reX- 16. MANDATORY FINDINGS OF SIGNIFICANCE. a)Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restdct the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b)Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? --X- reX- C:\16BITAPS\OFFICE\SK\INITST 1 .WPD Page 15 c)Does the project have impa~ts that are individually limited, biJt cu.mulatively considerable? (’Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the. past projects, the effects of other current projects, and the effects of probable future projects) d) Does the project have environmental effects’ which will cause reX- substantial adverse effects on human beings, either directly or indirectly? 17. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 © (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used~ Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080 (c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 321094, 21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonofff v. Monterey Board of Super~sors, 222 Cal. App.. 3d 1337 (1990). 18. SOURCE REFERENCES - 1 -City of Palo Alto (City), Initial Study, Palo Alto Landfill Partial Closure, Phase IIA, Palo Alto, California. City of Palo Alto, Palo Alto, California. May 1991. - 2 -EMCON Associates, Final Closure and Postclosure Maintenance Plan, Palo A#o Refuse Disposal Site, Palo Alto, California, Project No. 1.99-07.06. EMCON Associates, San Jose, California. January !991. - 3 -EBA Wastechnologies, Preliminary Closure and Postclosure Maintenance Plan, Phases lib and IIC, Palo Alto Landfill, Santa Clara County, California, EBA Project No. 97-585. EBA Wastechnologies, Santa Rosa, California: June 1998. - 4 -City of Palo Alto (City), Report of Disposal Site Information, Palo Alto Landfill, Palo Alto, California. City of Palo Alto, Palo Alto, California. July 1996. - 5 .-I.owney 8, Associates, J.V., Slope Stability Evaluation for Byxbee Landfill Park, Palo Alto, California, Project No. 108-14B, PA062103. J.V. Lowney & Associates, Palo Alto, California. July 18, 1988. - 6 -City of Palo Alto (City), Palo Alto 1996-2010 Comprehensive Plan (Draft). City of Palo Alto, Palo Alto, California. July 1997. - 7- CH2M Hill, InitialStudy, City of Palo Alto, FormerLATPSite, Development Project. August 1996. C:\16BITAPS\OFFICE\SK\INITST 1 .WPD Page 16 -8 -EMCON Associates, Slope Stabi/ity Evaluation for Byxbee Park Landfill, Pale Alto, California, Project No. 199- 07.06. EMCON Associates, San Jose, California. January 1991. -9-Engineering-Science, Inc., Environmental Impact Report, Pale Alto Refuse Disposal Area. Engineering-Science, Inc., Berkeley, California. March 1975. C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 17 EXPLANATIONS FOR CHECKLIST RESPONSES ~’ The project is consistent with the Bayland Master Plan and EIR approved and adopted by the Council in October 1978 and the Byxbee Landfill Park Master Plan approved by the Council in March 1989. -3a- Closure of Phase liB is consistent with all applicable environmental plans or policies adopted by agencies with jurisdiction over the project. Only industrial uses exist in the vicinity of the Palo Alto Landfill. The proposed closure will benefit thearea because traffic, noise, odors, and other nuisances due to landfill operations in Phase lib will be eliminated. The project site is not in or near an agricultural area, so no impact would result. There are no established communities in the site vicinity, so no impact would result. Closure of Phase liB will not create a need for housing, close any housing project, or create any need for population growth. No known active faults are believed to exist within the site, and fault ruptureis not anticipated. The closest fault to the site is the ’San Andreas fault, located approximately 8.5 miles to the southwest. The Hayward and Calaveras faults are located approximately 10 and 16 miles to the east, respectively (J~V. Lowney & Associates, 1988). The site is located in a seismic area of high risk, subject to violent earthshaking and potential liquefaction in the event of an earthquake (City, 1997). The landform shapes are designed considering their slope stability under seismic conditions. In addition, Phase lib will not be open to the general public for a minimum of 13 years allowing further settlement and stabilization and thus reducing potential risk to the public. Facilities will not be constructed during Phase liB closure or Byxbee Landfill Park Phase II development. An emergency response plan has been developed for the landfill and available since the previous closure of the Byxbee Landfill Park Phase I and Phase IIA areas. Tsunami, seiche, or volcanic hazards are geologic problems not associated with San Francisco Bay (CH2M Hill, 1996). -3e--The Palo Alto Landfill (including Phase liB) is surrounded by fiat-land topography. As a result, the cl.osure of Phase liB will not expose people to potential hazards associated with landslides or mudflows. Previous landfilling operations and the planned final cover will result in final site elevations up to 60 feet above mean sea level (MSL). Final grading of the site will comply with the requirements of Title 27, CCR, Section 21790. Final cover grades will be constructed with slopes no steeper than 3:1 (horizontal to vertical) to minimize erosion, and no flatter than 3 percent to provide sufficient slope for stormwater runoff alter refuse consolidation and settlement. In addition, the final cover vegetative layer is hydroseeded with native grasses .which prevents erosion as the vegetation develops. City personnel and the LEA will monitor earthwork activities to ensure that all requirements in Final CPMP for final ’grading of the site are met. C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 18 The landfill has settled and will continue to settle with time as the underlying San Francisco Bay Mud consolidates (EMCON, 199118]). Decomposition of refuse will also result in landfill settlement. Small amounts of differential settlement are likely (EMCON, 199118]). Phase liB will not be open to the general public until Phase IIC is closed (approximately 13 years). This grace period will allow for further settlement and stabilization prior to public access, thereby reducing potential risks to the public. Phase lib closure.will not include any structures that will house persons. One potential impact resulting from settlement corresponds to tension cracking of the landfill surface. Depending upon the severity of the cracking, such cracking could increase the potential for point-source landfill gas emissions. However, provisions in the Final CPMP will include monthly inspection of the landfill surface to identify and repair any problems resulting from landfill settlement. This provision should provide adequate protection against the aforementioned hazards. Although the landfill is underlain by San Francisco Bay Mud soils which are considered elastic and expansive, these characteristics should have no impact on the Phase lib stability. As outlined in Response 3g, the underlying San Francisco Bay Mud soils shall be subject to further consolidation with time due to overburden stresses (EMCON, 199118]). This condition negates any potential impacts that may be caused by underlying expansive soils. There are no unique geologic or physical features in the project area that will expose people to potential impacts. The surface of Phase lib will be revegetated upon closure. This characteristic will result in changes in absorption rates and the amount of surface runoff as compared to existing conditions. The.final cover of Phase lib will be developed with ground cover planting varieties which will absorb more rain precipitation. Final grades .(3 percent minimum) are designed to promote positive drainage and to minimize the potential development of surface water ponding. Although this design characteristic will increase the amount of surface water runoff, the magnitude of the increase is considered insignificant and only periodic in nature. --4b--A surface water drainage cont~’ol system will be constructed for Phase liB. The system’ design has been developed through an engineering analysis by a Registered Civil Engineer to conform with the requirement of T’~le 27, CCR. The design objectives are described in Section 2.11 of the Preliminary CPMP (EBA, 1998). -4c-The Phase liB final cover includes a vegetative soil layer that will be seeded with ground cover planting varieties native to the area. As a result, it is anticipated that surface water quality of site runoff shall be similar to natural runoff inhe~’ent for the area and therefore have no impact on surface water quality. Furthermore, the vegetative cover will provide for erosion protection that will minimize soil loss and reduce the potential for highly turbid stormwater runoff. -4d-e--As outlined in Response 4a, the magnitude of surface runoff increases resulting from closure of Phase liB is considered insignificant and only pedodic in nature. As a result, runoff from Phase liB should not impact the amount of surface water or water movement characteristics of any receiving water bodies. --4f-Although placement of the final cover will reduce water infiltration into the landfill refuse cells, the amount of natural groundwater recharge in underlying subgrade will most likely remain unchanged. --4g--The aforementioned reduction in natural groundwater recharge is considered insignificant and should have no ~mpact on the direction or rate of groundwater flow. --4h--The purpose of" landfill closure is to protect the surrounding environment and underlying groundwater. The Phase II B final cover is designed to minimize the infiltration of water into the landfill, thereby reducing leachate generation. This characteristic, in turn, reduces the potential for leachate to percolate through the landfill and into underlying groundwater. The ground water monitoring plan for the site is described in Section 2.14 of the Preliminary CPM P (EBA, 1998). The existing groundwater monitoring network will be retained for monitoring during the postclosure period. City personnel and the LEA will ensure compliance with all groundwater monitoring requirements. C:\16BITAPS\OFFICE\SK\INITST 1 .WPD Page 19 --4i-The project will not have an effect on the amount of groundwater available for public water supplies. As outlin6d in Response 4g, closure of Phase lib should not have a significant affect on natural groundwater recharge. The project will not result in any alteration of wetlands. Construction of the final cover and other site improvements will create temporary dust emissions. Standard dust control measures will be implemented during construction. Construction areas will be sprayed with water to reduce generation of dust. In addition, soil for final cover construction will be moisture conditioned prior to placement. Construction of the final cover will require the temporary disconnection of the landfill gas collection system components within the Phase lib construction boundaries. A vadance to the facility’s Permit to Operate will be obtained from the Bay Area Air Quality Management Distdct (BAAQMD) to allow for this provision. The collection system components will be reconnected upon completion of the construction operations. The landfill gas collection system draws landfill gas off the entire landfill (including Phase liB area) from a series of landfill gas collection wells. The collected landfill gas is then piped to the electrical generation facility which uses the gas as a fuel to generate electricity. In the event the electrical generation facility shut downs, the landfill.gas is routed to the permanent flare for combustion. In general, the landfill gas collection system reduces exposure of pollutants to sensitive receptors. Closure construction operations and postclosure land use (pastoral park) will not alter air movement,, moisture or temperature, or cause any change in climate. No refuse will be exposed or relocated as part of closure construction operations. Placement of the final cover will reduce the potential for objectionable odors related to surface landfill gas (methane) emissions. A slight increase in vehicle traffic will occur during placement of the vegetative layer due to importing of topsoil material. The estimated duration of this phase of construction is approximately 4 weeks. However, access to the landfill is via a major thoroughfare that can easily accommodate the temporary additional vehicle load. As a mechanism to assure adequate traffic management and safety, a Traffic Control Plan will be developed and implemented by the construction contractor. The Traffic Control Plan shall comply with applicable requirements of the City of Palo Alto Traffic Control Manual and the Caltrans Traffic Control Manual. Following completion of construction operations, closure of Phase liB will not have any influence or impact (positive or negative) on transportation/circulation since landfill operations will continue in Phase IIC through the year 2011 (estimated). No new public roads or access points will.be created in the Phase liB area, nor will any barriers to transportation routes be established.. Upon completion of the final cover construction, the Phase lib area will be hydroseeded with a mixture of native grasses. This will increase both the number and diversity of plant species in this area. The number and diversity of animal species might also be increased through the creation of this native grassland habitat. According to the EIR (Engineering-Science, Inc., 1975), the salt marsh perimeter of the Palo Alto Baylands is a primary and secondary habitat area for the endangered California clapper rail, California least tern, and red- bellied harvest mouse. Closure of Phase lib will not post a negative impact to these endangered species. The Phase lib area is currently equipped with an active landfill gas collection system. Landfill gas from this area, as well as areas in Phases I, IIA and IIC, is collected and conveyed to an electricity generation plant located near the western boundary of Phase IIC. The landfill gas collection system components in Phase liB will remain in operation after closure. Based on these operating conditions, closure of Phase lib will not conflict with existing e,nergy conservation plans and will allow for continued and efficient use of this energy resource. -8c- There are no known mineral resources on site. C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 20 -lOa-b- -11a-e- -12a-e- Closure of Phase fiB will not create any health hazards or expose people to potential health hazards. In fact, placement of the final cover will further reduce potential hazards associated with human exposure to surface landfill gas emissions. Implementation of the postclosure maintenance operations will also yield additional benefits by maintaining the integrity of the landfill surface, thereby minimizing any potential for human contact with landfill waste and its byproducts. Construction activities with heavy equipment will create a temporary increase in noise throughout the Phase lib closure construction period (approximately 3 months). However, all equipment used in construction of the closure design will have mufflers and noise suppression equipment in accordance with all laws and regulations. In addition, operation of all equipment will be required to comply with applicable noise emission requirements set forth in Chapter 9.10 of the City of Palo Alto Municipal Code. Based on these provisions and the remote nature of the landfill, the proposed construction operations will not subiect people to severe noise levels. Postclosure maintenance and monitoring of Phase liB will not result in any increases in existing noise levels or exposure to severe noise levels. Closure of Phase liB will not result in significant impacts on public services. Security measures dudng closure and postclosure will be employed as described in Section 2.8 of the Preliminary CPMP (EBA, 1998). Demands for new public systems or supplies resulting from the closure of Phase lib will be minimal and will pose no impact on the providers of these services. As outlined eadier in Section 4 of this Initial Study, an engineered drainage control system will be constructed to collect and convey stormwater runoff generated from Phase liB. Since this water Will be diverted and discharged to the surrounding marsh areas and adjacent sloughs, there will be no need for substantial alterations or improvements to existing stormwater drainage components and utilities. -13a-The final cover will increase the surface elevation of Phase lib by only 4 feet, thereby resulting in minimal additional visual obstruction in comparison to existing grades. -13b--As previously outlined in Section 7 of this Initial Study, the surface of Phase lib will be revegetated with native grasses. ,Since the existing Surface of Phase lib is undeveloped, the proposed closure construction will have a positive aesthetic effect on the area. -14d-e-. -15a-b- The final cover will not generate additional light or glare. Since the site was originally a low-lying flood plain until areas of it were developed by landfill operations, the vast majority of the site (including Phase liB) is comprised of fill material. This includes areas targeted for minor excavation work outside the footprint of Phase liB for the purpose of perimeter drainage system installation (i.e., ditches). The remaining and most substantial fraction of the earthwork operations will entail the )lacement/grading of fill material on the surface of Phase liB. Based on these circumstances, it is unlikely that any paleontological, historical or archaeological, resources will be encountered or disturbed by the construction operations. Based on the historical use of the property for waste disposal operations, there are no known unique ethnic cultural values or religious or sacred uses associated with the project area. There will be no population increase with closure of Phase liB and, therefore, no impact on.recreation resources. Based on the proposed end use development as a passive non-irrigated park, the closure of Phase II B will eventually provide additional opportunity for recreational use.. C:\16BITAPS\OFFICE\SK\INITST1 .WPD Page 21 EXHIBIT 1 ¯ SITE LOCATION MAP PALO ALTO LANDFILL SANTA CLARA COUNTY, CALIFORNIA SITE PLAN At tachmetit. C -,~OR RECOROER5 USE ONLY RECORDED AT THE REQUEST OF ¯ ;’ SLate 6f California/State Lands Comnission ’ " Official Business - Document entitled to free recordation pursuant to Government Code. Section 27383. WHEN RECORDED MAIL TO State Lands Comnission 1807 - 13th Street Sacramento, CA g5814 Attention: Title Unit ORIGINAL" LEASE NO.73 9 This Lease consists of" this sum~ary and the following attached and incorpo.rated parts: Section l Section 2 Section 3 Section 4 Basic Provisions Special Provisions amending or supplementing Section I or 4 Description of Lease Premises General Provisions W 24334 SECTION 1 BASIC PROVISIONS The STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the STATE LANDS :OI~HISSION, (1807 - 13th Street, Sacramento, California 95814), pursuant to. Division 6 of the Public Resources :ode and Title 2, Division 3 of the California Administrative Code, and for consideration specified in the Lease~ oes hereby ]ease, demise and let to: CITY OF PALO ALTO ereinafter referred to as Lessee: /HOSE MAILING ADDRESS IS: 250 Hamilton Avenue Palo Alto, California hose certain lands described in Section 3 subject to the reservations ease. , 94 30 l terms, covenants and conditions of this EASE TYPE:General Permit - Public Use, Recreational AND TYPE: Filled sovereign land PJqD USE OR PURPOSE: Public park ERM: Forty-nine (49} years; ~ptember 26, 2038, unless soqner INITIAL ~ERE LOCATION:Palo Alto.._~^~n,ta ClaraCounty ~IIIAL HERE beginning September "27";---l~8-9--and ending terminated as provided under this. Lease. ATTACHMENT C CONSIDERATION: The public use and benefit with the State reserving the right at any time to set a monetary rental if the Commission finds such action to be in the State’s best interest, as to any, portion of the property ultimately confirmed into State ownership. AUTHORIZED IMPROVEMENTS: Fill, levees, fencing, trails, ground cover, plantings, benches, hedgerows, chevrons, a pole field, landgate, parking lot, restrooms, bicycle/pedestrian paths, a natural gas flare, weirs and arc berms. LIABILITY INSURANCE:N/A SURETY BOND OR OTHER SECURITY:N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR SUPPLEMENTED AS FOLLOWS: The State alleges that the State, by reason of its sovereignty, is the owner of some ,right, title, or interest within the" leased premises resulting from its legal character, as tideland or submerged lands, in whole or in part. Lessee denies the State’s allegations and asserts Lessee’s ownership free and clear of any such State sovereign right, title, or interest. A final resolution of the title dispute will - require time-consuming and costly studies of the evidence and may also require litigation. In avoidance of the time, expense, and uncertainties required to confirm the .respective interests,of either party this permit is being issued to Lessee without clearing the.title claims of the parties and, except for the rights granted to Lessee and the other terms and conditions of this permit, the issuance by State and the acceptance by Lessee. of the within permit, is without prejudice to any other claims, demands,~ causes of action, contentions, or assertions by either party.,at any time of their ownership of any right, title, or interest within the leased premises, or any portion thereof, whether the dispute is the subject of pending litigation, or otherwise. However, nothing contained herein shall prevent either party from receiving the benefi-ts of, or enforcing in anylawful manner, the other terms and conditions of this permit, and -State shall ~ake no action that will unreasonably interfere with the uses of the leased premises by Lessee pursuant to the terms and conditions of this permit. Paragraph 2(a)3, Section 4, entitled "General Provisions" is hereby amended to provide that the State’s reserved righ~ to set a monetary rent.al ~ if ever exercised, shall apply only to that portion of the property ultimately confirmed into State ownership either by agreement, or by a final judgment rendered by a court of competent jurisdiction. Paragraphs ll(b), 13, and 5 of Section 4 are hereby amended to provide that any right of State contained in said paragraphs authorizing the State to: repossess the leased premises; remove persons, property, or improvements from leased premises; ~equi~e Lessee to remove all _9_ ~improvements from leased premises: remove natural¯ resources or grant leases to remove natural resources ¯from the leased premises; if ever exercised, shall apply only~ to that portion of the leased premises ultimately confirmed into State ownership, either by agreement, orby a final judgment rendered by acourt of competent jurisdiction. The second sentence of paragraph 14 is entitled, "Quitclaim’, of Section 4 is ¯amended to read: "Should Lessee upon request by Lessor fail or refuse to deliver the. release as aforesaid, a written notice by Lessor reciting the failure or refusal of the Lessee to execute and deliver said release as here~n provided shall from the date of recordation of such notice by conclusive evidence against Lessee and all persons claiming under Lessee of the termination of this lease.,, (The wording "and any claims and rights of Lessee in the Lease Premises,’ is deleted.) 1606L EXHIBIT "A" LAND DESCRIPTION W 24334 A parcel of filled tide andsubmerged land within projected Sections 31 and 32, T5SI R2W, MDM, said parcel shown as Phase 1 on the Proposed Plan Bixbee Landfill Park, July 1988 Master Plan (a copy of which iS~-~eh-&l), in Palo Alto, Santa Clara County, California. END OF DESCRIPTION PREPARED AUGUST 11; 1989 BY BIU 1. EXHIBIr "A".’’ Page 2 W 24334 ~~ SECTION 4 GENERAL PROVISIONS 1. GENERAL These provisions are applicable to all leases, permits, rights-or- way, easements, Or licenses or other interests in real property con- veyed by the State Lands Commission. 2.CONSIDERATION (a)Categories (1) Rental: Lessee shall pay the annual rental as stated in Section 1 or 2 to Lessor without deduction, delay or offset, on or before the beginning date of this Lease and on or before each anni- versary of its beginning date during each year of the Lease term. (2)Royalty or other conaideration: Lessee shall PaY a royalty or other consideration in the amount, method and manner as specified in Section 1 or 2. (3)Non-Monetary Consideration: If a monetary rental, royalty, or other considerationis not specified in Section 1 or 2, consideration to Lessor for this Lease shall be the public use, benefitl health or safety, as appropriate, however Lessor. shall have the right to review such consideration at a~y time and to set a monetary rental if the State Lands Commission, at its sole discretion, deter- mines that such action is in the best interest of the State. Lessee shall notify Lessor within ten (10) days in the event that the public is’charged any direct or indirect fee for use and enjoyment of the Lease Premises; (b).Modification LeSsor may modify the amount or rate of Consideration effec- tive on each fifth anniversary of thebeginning date of this Lease. Should. Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (1) of the next four (4) anniversaries following such fifth ann!versary, without prejudice fo its right to effect such modification on the next or any succeed- ing fifth anniversary. Any modification of the amount or rate of consideration made pursuant to this paragraph shall conform - to Title 2. Division 3 of the California AdministrativeCode and no such modifiqation shall become effective unless Lessee is given written notice .at least sixty (60) days prior to the effective date. (c) Penalty and Interest Any installments of rental, royalty, or other consideration accruing under this Lease not paid when due shall be subject to a penalty and shall bear interest as specified in PublicResources Code Section 6224 and Section 2. 3. BOUNDARIES ’-his Lease is not intended to establish the State’s boundaries and is made without prejudice to either party regarding any boundary claims which may be asserl.ed presently or in the future. 4. LAND USE (a) General: Lessee shall use the Lease Premises only for the purpose or purposes stated in Section 1 or 2 and only for the operation and maintenance of the improvements authorized in Section 1 or 2. Lessee shall commence use of the Lease Premises within ninety (~)0) days of the beginning date of this lease. Thereafter Lessee’s discontinuance of such use for a period of ninety (90) days shall be conclusively presumed to be an abandonment. (b) Repairs and Maintenance: Lessee shall, at its own expense, keep and maintain the Lease Premises and all improvements in good order and repa=r and safe condition. Additions, Alterations and Removal: (1) Additions -- No improvements other than those ex- pressty authorized in Section 1 or 2 Of this Lease shall be con- structed by the Lessee on the Lease Premises without the prior written consent of Lessor. Lessee shall notify Lessor within ten (10) days after commencing the construction of authorized improvements and within sixty (60) days after completing them. (2) Alteration or Remov’al --Except as provided under this Lease, no alteration or removal of existing improvements on or natural features of the Lease Premises shall be undertaken without the prior written Consent of Lessor. (d) Conservation: Lessee shall practice conservation of water and other natural resources and shall prevent pollution and harm to the environ- ment in or on the Lease Premises. , (e)Enjoyment:. Nothing in this Lease shall preclude .Lessee from excluding persons from the Lease Premises when their presence or actwity constitute a material interference with Lessee’s use and enjoy- ment of the.Lease Premises as provided under this Lease. (f) Discrimination: Lessee in its use of the Lease Premises shall not discriminate against any personor class of parsons on the basis of race, color. creed, national origin, sex, age, or physical handicap. (g) Residential Use: Unless otherwise allowed under this Lease; improvements on the Lease Premises shall not be used as a residence or for the purpose of mooring a floating residence. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY (a) Reservations: (1) Lessor expressly reserves all natural re’sources in or on the Lease Premises, including but not limited to od. coa.I, natural gas and other hydrocarbons, minerals, aggregates. timber and geothermal resources, as well as the right to grant leases in and over the Lease Premises for the extractmn of such natural resources, however such leasing shall be neither inconsistent nor incompatible with the r=ghts or privileges Of Lessee under this Lease. (2) Lessor expressly reserves a right to go on the Lease Premises and all improvements for any purpose associated with this Lease or for carrying out any functmn requ=red by law, or the rules, regulations or management poliC=es of the State Lands Commission. Lessor shall have a right of reason- able access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any pur- pose.associated with this Lease. (3) Lessor expressly reserves .to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease, however, such ease- ment or right-of-way shall be neither inconsistent nor compatible with the rights or privileges of Lessee under this Lease. (4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in-whole or in part, during the lease term for any purpose not inconsistentor incompat=ble with the rights or privileges of Lessee under this Lease. (b)Encumbrances: This Lease may be subject to pre-existing contracts, leases, licenses, easements, encumbrances and claims and it is made without warranty by Lessor of title, condition or fitness of the land for the stated or intended use. (c)Right,-of-Way If this Lease is for a right-of-way covering one or more pipe- lines or conduits, the Lease Premises include only land actually underlying the pipelines or conduits, and Lessor hereby grants tO Lessee a non-exclusive right to go onto the lands adjacent to the, Lease Premises as is reasonable and necessary for installation, inspection and maintenance of the pipelines or conduits, 6.RULES, REGULATIONS AND TAXES (a) Lessor and Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the.State Lands Commission or any other governmental agency or entity having lawful authority and jurisdiction. (b) Lessee recognizes and understands in accepting this Lease that it may be liable for a possessory interest tax imposed by a city or county on its leasehold interest and that its payment of such a tax shall not reduce the amount of considerationdue Lessor under this Lease and that Lessor shall have no liability for the payment of such a tax. iNDEMNITY (a) Lessor shall not be liable and Lessee shall indemnify, hold harmless and. at the option of Lessor. defend Lessor, its officers, agents, and employees against and for any and all liabihty, claims, damages or injuries of any kind and.from any cause, occurring on the Lease Premises or improvements, or arising out of or con- nected in any way with the issuance of this Lease. (b) Lessee shall give prompt notice to Lessor in case of any accident, injury or casualty on the Lease Premises. LIABILITY INSURANCE (a) If so specified in Section 1 or 2. Lessee shall obtain at its own expense and keep in full force and effect during the Lease term with an insurance company acceptable to Lessor compre- hensive liability insurance, for specified categories and amounts. insuring Lessee and Lessor against any and all claims or liability ar=sing out of the ownership, use, occupancy, condition or main- tenance of the Lease Premises and all improvements. (b) The insurance policy or pol~’cies shall name the State as an - additional insured or co-insured party as to the Lease Premises and shall .identify the Lease by its assigned number. Lessee sh~ll provide Lessor with a certificate of such insurance and shall keep such certificate current. (c) The liabihly insurance coverage specified in this Lease shall be in effect at all times du~ng the Lease teim and subsequently until ~dl of 1ha Lease Premzses have bu~.n rather accepted as ~m- prov~.,d by Les.~or or reslored pursuant to Paragraph 13. SURETY BOND (a) If so specified in Section 1, Lessee shall provide a surety bond or other security dev~ice acceptable to Lessor, for the specified amount, and naming the State of California as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants and conditions of this Lease. (b) Lessor may increase the.amount of the surety bond or other security device to cover any additionally authorized improve- ments, alleratmns or purposes .and any modif=cation of cons=deration. (c) The surety bond or other secur=ty device shall be maintained in full force and effect at all times during the Lease term and sub- sequently until all of the.Lease Premises have been either accepted as =reproved by Lessor or restored pursuant to Para- graph 13. (b) This Lease shall be appurtenant to littoral or riparian land and any ownership interest or use rights of Lessee in such lands and it shall not be severed from such rights orinterests w~thout the prior written (;onsent of Lessor. 11.DEFAULT AND REMEDIES (a) Default: - The occurrence of any one or more of the following events shall constitute a default or breach of this Lease by Lessee: (1) Lessee’s failure to make any payment of rental, royalty, or other consideration as required under this Lease. (2) . Lessee’s failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease. (3) Lessee’s vacation or abandonment of the Lease Premises during the Lease term. (4) Lessee’s failure to observe or perform any other term covenant or condition of this Lease to be observed or per- formed by the Lessee when such failure shall continue for a period of sixty (60) days after Lessor’s giving written notice; however, if the nature of Lessee’s default or breach is such that more than sixty (60) days are’reasonably required for its cure, then Lessee shall not be deemed to be in default or breach if Lessee commences such cure within such sixty(60) day period and diligently proceeds with such cure 1o cam pletion, (b) Remedies: In the event of a default or breach by Lessee and Lessee’s failure to cure such default or breach, Lessor mayat anytime and with or without notice do any one or more of the following: (1) Re-enter the Lease Premises, remove all persons and property, and respossess and enjoy such premtses. (2) Terminate this Lease and Lessee’s right of possession of the Lease Premises. Such termination shall be effective upon Lessor’s giving written notice and upon receipt of such notice Lessee shall immediately surrender possesston of the Lease Premises to Lessor. (3} Maintain this Lease in full force and effect and recover any rental, royalty, or other consideration as they become due without terminating Lessee’s right of possession regardless of whether Lessee shall have abandoned the Lease Premises. (4)Exercise any other right or remedy which Lessor may have at law or in equity. 12. LESSEE’S TERMINATION Lessee may terminate this Lease for any reason upon giving Lessor at least sixty (60) day~ prior written notice. Lessee agrees tha; " on the effective date of termination it shall responsibly leave and surrender the Lease Premises to Lessor in a state of good order, condition, repair, and rsstoration as provided under Paragraphs 4(b) and 13. The exercise of such right of termination Shall not release Lessee from liability for any unpaid but accrued rental, royalty or other consideration wh;ch may be due under this Lease or from any other obligations still applicable under.the Lease. No porlion of any renta: paid by Lessee in advance shall be refunded. 10.ASSIGNMENT, ENCUMBRANCING OR SUBLE’i’I’ING (a) Lessee shall not either voluntarily or by operat=on of law. asslgn, transfer, mortgage, pledge~ hypothecate or encumber th=s Lease and shall not sublet the Lease Premises, in whole or in part. or allow any person other than the Lessee’s employees, agents, servants and invitees to occupy or use all or any" portion of the Lease Premises without the prior written consent.0f Lessor. 13 RESTORATION OF LEASE PREMISES (a] Upon exp,rat;on or sooner termination of this Leese~ Lessor may accept all or any portion of the Lease Premises. as then ira. proved with struclure$, buildings, pipelines, machinery, facJlit0es and fills in place; or Lesaor rn~y require Lessee to remov~ or any portion of such impro’vements el its sole expense ar~l risk: or LeM, or may its.elf remov~ or h.ave removed all or any portion of such improvements at Levee’s sole expenae. (b) In removing an,/such improvements Lessee shall restore Laa~-e Premises as nearly as pos.s~ble to the cor’~ddionl ex~sting w~or to their installation or construction. (c) All such remc-,,al end restoration shall ’be to the satisfaction of Les~or lad shsll be compleled within ninety (90) days of’ the exp,raho~ or soon~ lerminal,on of this Lease. !4 QUITCLAIM Lessee shall, w,thm ninety (90) days of the explrat,on or sooner term~nahon of this Lease. execute and deliver to Lessor in a form prey,dad by Lessor a g~d a~ ~uff~c~en{ release of all rights under ~ease. Should Lessee fad or refuse to deliver such arelease.a no~ce ~ Less~ recmng such fadure or refusal shall, from ~he date ,s recorda~on, be conclusive ewdence a~amsl Lessee and all o[her claimants of the termmallon or Ih~s Lease and any r~ghc5 or ~nleres~[s of Lessee ~n the Lease Premises 15 " HOLDING-OVER Any holding.o~,.er by Lessee ahor the expirat0on of the Lease term. " w~lh or wlthOul IP~ express or 0mpl~d consent of Laser. shall con. Shlu~e ~ lanai.from momh-lo.month a~~t an e~tenslon or the Lea~ lerm and shall ~ on the terms, convenanla and onOillons of Ih~s Lease w~h finial, royal~y or olher ~ns~rahon payable in ,. advance on Ihe hr=t day of each men,h. II Ihe rile of ~~ 16.ADDITIONAL PROVI.~$1ONS (a) (1) No term/covenant or ondlllon of Ihll Lease and no defaut! or breach of any sL=ch lerm. ovenanl ~ cond~llOn shall ~ deemed Io have ~n wawed, b~ Les~’s ~ceplanc8 or i late or ~onconform:ng ~o~mance or olhorw~, unlesl such I. waiver 1~ ezptes~N-ackn~l~g~ ~ Le~or in (2) Any such waiver shell not be deemed IO be a waiver of any o~her term. covenant or condition or any other default -- I:~’esch of any term. cover’,ant Or condition of this Leas,, (b) "ilme: T~me i~:o! the e’~=ance of this Lease and each and ell el its terms, covenants or conditions in which p~formance ia ¯ factor. (c)Nod~: All-notices required Io be gh, en u’~def this Lease shall b~ g~,en in ~iling. sent ~ United States mail with pollage pr~. Io Le~or at the oHic~ of the. Slate ~nds Commission and to L~a~ lI Ibm ~dress ~ifi~ in Se~ion Le~ noli~ of ~ny change in (d)Co.ns~nt: Where Les~or’s consenl.is required under th;~ Lease =t~ consent fbr one transaction or event shell not be deemed to ~ m ~n~nt to any aubs~uent ~curre~e of Ihe Mme ~ any other trisection or areal (e) Thns Lease may be lerm0neted end its Iorm. co’v~nanta and cor~;lions amended, revised or supplemented by mutuul agree. mint of lhe pa~nez. (f)SuccaM.ors: The lerms, covenants and condlt,ons, el this Lease shall eztend to and be bonding upon and mule to the benefit of the heirs. succesr, ors. and assigns of the raspec:we i>artjes and if more than one Lassie ~s a party IO Ih=s Lease; lhe obligellons of the Lessee.= ~.~all be jo,nt end several. ~Q) Captions: .’ , TPm caplnon~ of lhls Lease are SOl controlhn9 end s~leg, no elliS1 Upon its Construct=on or nnlerptellt~. Ih} Sev’e,rabglty: If any lotto. Ovenant or Condition of this Lille is judicially delermlrmd to ~ invalid, 11 shell ~ ~n~r~ delet~ a~d shall not invalidate any of.the remaining terms, covenanls a~. STATE OF CALIF~ORNIA __ STATE LANDS COMMISSION LEASE P.R.C. he. "73’-/E, 9 This lease will become binding upon the Slate only when duly executed on behalf of the State Lands Commission cf the Slate of California; IN WITNESS WHEREOF. the parties hereto have executed thi~ lease as of the date hereafter affixed. LESSEE ATT Cit STATE OF CALIFORNIA STATE LANDS COMMISSION -81 0 ’ACKNOWLEDGFM "PMT The issuance of this l~n~.~ ~= ....,~,^.:__., ,....~._ ~- ....