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Home My WebLink About0212.094~~ c • • . ~ . , .. Maroh 31, 1994 HonORABLE CIT~ COUNCIL Palo Alto, c811fornia 2 .QQQU1!M'lVB l.GRl\IDf!!.lIT.Jl.l<TI!!tIDL11HL .. ~ULOJ' .1'''l<Q ... ''.J,TIl.AIfILlL...~ •••. n!ttl lYm..!!ILOLII'I! a E RV reE 1l§~.u.1Ii~J£LQf .. 'Ul_~_J.l!:!'~M\.!1.l.lW_1lf1:UUJ'.¥ OWIIED Pl\!lf;!I I Ll.VMH1!.'I'JHL'I'mJ: Members of the Council: Rtil2tl.!n Brief This report requests council ap;.rov~l of the attached cooperatIve agreem.ent, whe:rein the City .end '.;ha U.S. Fish and wildlife. Service Department (Servico) will enter into an a9rcc'.lI.ont to coope:r:\'\ta in tre protection and enhancemont of the Faber/Laurnciotor Tt'act, a uJiique tidal salt marsh ecosystem. In Feb.ruary 19'89, the City was notified that the service had initiated studies relative to increasinq the size of the San Frai'\cisco say National Wildlife Refugo. Th9: service c:<pressed interest in several parce.ls throughout the bay, includ.t.nq t.hc City owned Faber/Laurneister Tr~ct', 206 acres of tid~l salt :marsh. City staff felt the Service provided the opportunity to assist the City in protecting endangured species, including tile California clapper rail and the salt marsh harvest mouse. City staff l!'.et with tho service and agreed to th~ concept of developing a cooperativQ agreement. The agreement would allow the City to retain ownership while, at tho same time, the propert~· ""ould becoJ'llo part of tho Service-managed lands of the San F.rancisco nay National Wildlife Refuge:. . CI!R:212:94 .. ! ,. I i I. I '\ · . ,.'-... _ .• , ~"c.'" __ .. ' ,,--~~:#".w;!: __ ,_Q;&o; -i!S;·"';''i'l:~\.u...~ ... ' l.greament The acttachad cooperative agreement WO\11d form&lly allo'W' the city and the service to work toqether to protect and enhance the Fabor Lal1meistar tract. The agreement requires the Service to supply a written workplan each year, coordinate its. activitios with the City, and manage the flora, fauria and critical habitat of the property~ The: City 10 required to notify the service of any actions that might di'srupt the habitat and direct persons interested ill working in the. ilrea to the Service tor necessl'Iry permit.s and authorization. This cooperative agreement r~presents a continuation of tho sn~a use of an existing city facility, thereforo, it carries a ClaGs I existing facility exemption under Section 15301 of CEQ~. staff recommends that Council approve, and authorize the Mayor to exe0ute, the attached cooperative agreement. Respectfully submitted, I. '\ /1;).' () \ .'1: ",; , . WA.,W-::1rW >oJ. ~ J~ Uf;q::t\" ,tI(. IHlliam ~1. Fellman R.:.g px~perty M'r~ <-.--' I{J IIO--~l~ E'nlily Harrison ' ,Qirector of Finance Attachnent: Cooperative Agreement ce: Joyce Leonard j Chair of the Centennial Environmental Focus Committee CMR:212:94 2 l ! ,. , j ," .. ~ ", i ::' .... , " +.\ .' '.-, ~",",i"" c;';" ·:,c':"~;;·:.:i.:i..".....,...~'"",·~,~k..;".it~""'~;;'~~~"';';4.":"~:'><l~~ ~ •. ~ COOPERATIVE AGRBll!<ENT ""TWEEN THE U.S. FISH AND WILDLIPE SERVICE PEPARTHENT OP '.rilE III'l'ERIOR AND TIlE CIIT OP PALO ALTO, CALIPORNII< 1 • !,J1RRQSIl The U.S. Fish and Wildliff! Service, Department of the Interior, hereafter referred to as the "Service", en:"er into this Cooperative Agreement pursuant to 31 USC 6305 (Using Cooperative Agreements) . This Cooperative Agreement between the Sezvice and the City of Palo Alto, California~. hereaft.er referred to as 11.:.,.·,\ty" I is hereby entered into under the authox-ity of the Fish and Wilillife Coordination Act (72 Stat. 563; 16 USC 661 ct seq.); the Fish and Wildlife I<ct of 1956 (16 USC 742 (d) 754); the Endangered Species Act of 1973, as amended (P.L. 95-632, 16 USC lS33~ 1534); and the San Francisco National Wildlife Refuge Act (P.L. 92·330~ 16 USC 668dd Ilote). It is the purpose of this agreement to have both part.ies to the agreement cooperate ill the protection and euhance· ment of the unique tidal salt IT'ars~ e.cosystcm where at least t\<,'o Federally-listed endangered spe.::::ies (the California cla{:oper rail. salt lI\arsh hal.vest mouse) and other candidate plants and animals for Federal listing are found. City is the record owner of property commonly referred to as the Faber-I,aumeister tract, San l1atco county. California which is designated as tract 203 on the attached map. Exhibit r'/'. ... , (the • Property !! ) • 9-040203 bode OOJ0"261 The Service will: A. Coordinate its activities on the Property with City so that the purposes .eor this agreement 'can be fulfilled; B. C. r-.!anage the flora, fauna. and critical habitat of the, property as part ot the San Francisco Bay National Wildlife Refuge, in accordance with applicable authorities. Prepare a written, yearly work plan of activities to be carried out on the Property. Service shall revie", the 'Work plan or any modifications to tILe plan, with City, and obtain City's prior ... ~ritten consent thet'eto prior to perfonning any work under the plan or modification(s}. The City's contact for review and consent of th~ plan is the Superin tendent, Open Spa.ce and Sciences at 415/329 -2590. 1 'I ,,-,,' i" r ! r \ ') City will, 1\. Inform the Service~ in the case of a non-emergency sJ.tuation, whenevet' City" intends to perform any maintenance or other types of habitat disruptive activities on the property. Notificatiop. will be a writt.en notice by City to the Servic'~ through the San Francisco Bay National Wildlife. Refuge, P.O. Box 524, Newark. CA 94560, seven (7) days prior to the scheduled activity_ A service biolo gist may request to be present to inform workers of the fragile and "unique nature of the a:-ea; B. Notify the Service I witllin twenty-four (24) hours, of any emergencies that could result in any habi tat-disruptive activities on the propare)'. Noti fieat-ion will be a phone call to the Service at 415/792·0222 (8a.m.··5p.m.). C. Direct any persons wiRhing to conduct research or ~ny type of work that may affect the habitat or wildlife on the Property to the Service for the necessalY permits and authorization ~1t the San Fl:ancisco Bay NWR~ P. 0, Box 524, Newark, CA 94560, 415 792·0222. It is understood that City shall have the independent right to restrict 02." control a'ccess to the Propert-.y. A.pproval for access will not be unreasonably withh~ld, so long as t.he request is consistent with the City's dt2'sire to protect the habi tat. Whenever notice is required by this agreement. it shall be I1'ldiled, first class~ postage prep~id, to the following: To SERVICE: To CITY, U.S. Fish and Wildlife Seivice Project Leader San Francisco Bay NWR P.O. Box 524 Newark. CA 94560 City of Palo Alto C'ity Manager P.O. Box 10250 Palo Alto, CA 94303 2 \ , " I V • klCJlliSJl This agreement is rr.erely a licer.se issued by City to the Service and confers to Service no righto of ownership or lise over the _ property other than as specifically described in t.his agteement. 'This ag:r-c(>mcnt shall ,ber:ofne effect ive as of the date of the last signat'lire and shall .contim,lc in perpetuity unless t.ermlnated by' either part.y upon 60 days written notice to the other. AITES1': City Cle.rk--~--------- APPROVED AS '1'0 ,FORM: APPROVED: APPROVED AS TO comtNT: Manager ofReal-proprny Attachments: .EXHIBIT -A· CITV OF PALO AL~~ Date: U.S. FISH AND WILDl,IFE SERVICE ny: ~~-If.!2.~ ______ _ lts:.g~C/4-~~_ '-" te: _~"<~:f~_. ______ _ 3 \'~ -.