EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Azalea Renfield, Assistant to the City Manager
Humza Javed, Public Works Director
SUBJECT: Cooley Landing Emergency Airboat Ramp Agreement and Roadway Easement Alignment
Recommendation
Adopt a resolution authorizing the City Manager to:
1. Enter into an agreement with Midpeninsula Regional Open Space District and Menlo Park Fire Protection District, in a form approved by the City Attorney, for the use and maintenance of an emergency airboat ramp at Cooley Landing; and
2. Approve the realignment of the City’s access road easement over Midpeninsula Regional Open Space District's property adjacent to Cooley Landing.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
Cooley Landing is operated by the City but was created in partnership with the Midpeninsula Regional Open Space District (MROSD), which owns portions of the peninsula as part of the Ravenswood Open Space Reserve.
In July 2012, Cooley Landing Park which consists of an outdoor classroom, restrooms, picnic areas, seating areas, the extension of main pathways, secondary trials, interpretative signs, and lighting was made available and open to the public.
In April 2015, the Cooley Landing Education Center (within the Park) opened to the public and became the single largest attraction for meetings, conferences, recreation programs, and private events the City of East Palo Alto has to offer.
In early 2019, final park cosmetic improvements were made in addition to the development of an airboat ramp located on MROSD property but managed by the City in order to provide the Menlo Park Fire Protection District (MPFPD aka Menlo Fire) access to the San Francisco Bay.
On September 28, 2022, MROSD General Manager Brian Malone received authorization from the MROSD Board of Directors to enter into an agreement with the City and MPFPD for the use and maintenance of an emergency airboat ramp in Cooley Landing Park.
Staff from all three agencies have reviewed the agreement, and MPFPD has already signed the agreement. East Palo Alto City Council is now asked for final approval to execute the three-way agreement.
Analysis
According to MPFPD, they respond to approximately 12 to 14 emergency calls per year for stranded boaters, kayakers, hunters, hikers, and medical calls on the Bay as well as calls associated with the Dumbarton Bridge. Because the Bay is shallow and muddy, the Bay is often inaccessible by boat, but not airboat. The Emergency Airboat Ramp at Cooley Landing will allow quick access to the bay and area around Cooley Landing. Currently, the Redwood City airboat launch ramp doesn’t allow for as expeditious response as Cooley Landing would.
The agreement is for five years with an automatic additional 5-year term extension unless any party gives notice not to extend the agreement.
The proposed agreement has the following provisions:
· Limited to use by Menlo Fire for emergencies, training, and maintenance. · Emergency use at any time, 365 days a year.
· Training and maintenance only from September 1 to January 31, to ensure rare species protection.
· Notification to the District and City seven days in advance of maintenance or training.
· Notification to US Fish and Wildlife Service seven days in advance of training. · A 200-foot buffer from the marsh while operating an airboat around Cooley Landing. · Menlo Fire is responsible for airboat ramp maintenance and any damage caused by their activities.
· City responsibility for routine maintenance of the access road and trail.
Staff recommends that City Council authorize the City Manager to enter into an agreement with Midpeninsula Regional Open Space District and Menlo Park Fire Protection District for the use and maintenance of an emergency airboat ramp at Cooley Landing Park. (Attachment 1) Additionally, the City of East Palo Alto has an existing access road easement over Midpeninsula Regional Open Space District’s property. This easement is not properly aligned with the center of the roadway. In order to clear up the misalignment of the easement, a revised easement needs to be approved by the City and recorded with the County (Attachment 2). The updated access easement legal description is included as part of the resolution and this staff report. City Council approval is recommended.
Future Discussions with MROSD
Staff from MROSD and the City have expressed interest in discussing modifications to the agreement between the agencies regarding the use of the open space at Cooley Landing. It is expected that staff will return to the City Council in early 2023 to seek initial feedback from the Council and community to help guide the discussions with MROSD moving forward.
Fiscal Impact
No fiscal impact.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University.
Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.
Awarding this contract is not a project under The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) because the action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
Attachments
A. Map of Cooley Landing Airboat Ramp
B. Resolution Emergency Airboat Ramp
C. Resolution Access Easement Re-Alignment
D. Access Road Easement Legal Description