Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4747) DOC ID: 4747 B
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 1
AUTHORIZE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH EAST BAY REGIONAL PARK DISTRICT FOR 900 ACRES AT MISSION PEAK; Authority the City Manager to execute a lease agreement with East Bay Regional Park District to include 900 acres at Stanford Staging Area and the larger Mission Peak are for the purpose of public park, recreation, and open space and find that no further environmental review is required for the lease pursuant to CEQA Guidelines 15307, 15162, 15163, 15678(b) and 15601(b)(3) Contact Persons:
Name: Kim Beranek Suzanne Wolf
Title: Deputy Director Community Services Director
Div/Dept: Community Services Community Services
Phone: 510-494-4330 510-494-4329
E-Mail: [email protected] [email protected]
Executive Summary: The City owns approximately 900 of the total 3,023 acres of land on Mission Peak which is zoned as an Open Space Resource Conservation Area (See Exhibit A).
On May 2, 1978, the City entered into 25-year lease agreement with East Bay Regional Park District (EBRPD). In 1993, pursuant to the terms of the 1978 Lease, the City and EBRPD extended the term of the Lease for twenty-seven years until July 7, 2020. Since the expiration of the 1993 agreement, the lease automatically continued under the existing terms on a month-to-month basis. On November 9, 2021, the City Council directed staff to continue negotiations, and staff from both agencies have since collaborated to add specific elements to the renegotiated lease agreement. Staff recommends that the City Council authorize the City Manager to execute a lease agreement with East Bay Regional Park District to include 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and open space.
BACKGROUND: The City owns approximately 900 acres of land on Mission Peak which is zoned as an Open Space Resource Conservation Area (See Exhibit A). On May 2, 1978, the City entered into 25-year lease agreement with East Bay Regional Park District (EBRPD) to manage and operate the land as a public park, recreation, and open space area. In 1993, pursuant to the terms of the 1978 Lease, the City and EBRPD extended the term of the Lease for twenty-seven years until July 7, 2020.
On May 17, 2016, the City Council created the Mission Peak Permit Parking Program. This Program was originally intended to be a temporary solution and was scheduled to expire on July 7, 2020. On May 19, 2020, the City Council adopted a three-year program extension that will expire on July 7, 2023.
In 2019 staff from both agencies began drafting the lease negotiation process but this was delayed due to the effects of the pandemic on our respective park systems. On December 15, 2020, the City Council directed staff to work towards developing a new long-term lease agreement since the 25-year lease extension expired in July 2020. The lease automatically continues with the existing terms on a month-to-month basis.
Staff Report (ID # 4747) Meeting of November 15, 2022
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 2 On November 9, 2021, the City Council rejected the proposed lease agreement and requested the lease be redrafted to address specific Council concerns identified at the Council meeting. The City Council directed staff to continue negotiations with EBRPD to consider further amendments that would shorten the timeframe of the agreement and to further clarify language in the lease agreement.
DISCUSSION/ANALYSIS: The City of Fremont and EBRPD staff have proactively collaborated to better understand the needs and issues facing the Mission Peak neighborhood and the community over the last six years.
Community Input and Analysis
• The City first held a hybrid community meeting on August 9, 2021 with approximately 97 in attendance and 38 speakers at the Teen Center. The City also received 39 written public comments via an online portal. The community comments were evenly distributed between neighborhood concerns about traffic, crime, curfew violations, operational issues, and a desire to limit operating hours versus a desire to maintain existing access and fewer parking restrictions in the established Mission Peak Permit Parking Area. Fremont Police Chief Washington attended and listened to community concerns and was able to address several of the issues related to the Police Department. Specifically, he highlighted his ability to work with the EBRPD police staff on key policing issues. Both Chief Washington and EBRPD Police Chief Ciaburro have discussed that although Fremont Police Department will not be specifically assigned to monitor the Stanford Staging Area, the City will respond if there is an articulated need to send resources to the area to prevent, deter or follow- up on criminal activity or behavior that is deemed to be a public safety concern.
• The City and EBRPD Liaison Committee Meeting was held online on October 14, 2021, with 17 in attendance and 6 speakers. The discussion continued with concerns from the community regarding enforcement of the curfew hours and requests to set the operating hours at Stanford Staging Area similar to other EBRPD properties such as Garin or Pleasanton Ridge. An equal number of speakers wanted to ensure that the Stanford Staging Area remains open and accessible to the public and encouraged the agencies to continue working closely with the Ohlone College to ensure that a low fee for visitor parking continues.
• On November 2, 2021, EBRPD held their board meeting regarding the Lease Agreement. The EBRPD Board unanimously approved the Lease agreement. The community dialogue was reflected both the goal for Mission Peak as a regional recreational asset and the interests of the neighboring community.
• On November 9, 2021, the City Council rejected the proposed lease agreement and requested the lease be redrafted to address specific Council concerns identified at the Council meeting. The City Council directed staff to continue negotiations with EBRPD to consider further amendments that would shorten the timeframe of the agreement and to further clarify language in the lease agreement.
• Since November, , City and EBRPD staff have worked diligently to return with this proposed amended lease agreement and, if adopted by the City Council at tonight’s Staff Report (ID # 4747) Meeting of November 15, 2022
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 3 meeting, it will subsequently be considered at the December 6, 2022, EBRPD Board Meeting.
City Oversight
With the change in Permit Parking (see below) the City is responsible for all areas outside of the park boundaries. This includes:
• Permit Parking Area (streets, times, locations, restrictions) • Neighborhood Crime and Police Response (vehicle break ins, theft, speeding) • Neighborhood Solutions (such as adding garbage cans if trash is a concern) • Creative Solutions with Partners (The City can lead and discuss issues with agencies such as AC transit to determine if bike and bus usage can improve; and Public Works continues its request to Google Maps to change the primary entrance to the Mission Peak Regional Preserve to Ohlone College)
• Emergency Safety Response and Mutual Aid
The City will continue to create solutions with EBRPD. The District is a well -respected expert and national leader in Open Space Management. The City is proud of the seven District Regional Parks in Fremont (Alameda Creek Regional Trail, Ardenwood Historic Farm, Coyote Hills Regional Park, Mission Peak Regional Preserve, Quarry Lakes Regional Recreation Area, Vargas Plateau Regional Park, and Dumbarton Quarry Campground) and will continue its professional and collaborative relationship to discuss and develop solutions together as issues arise.
Permit Parking
The Mission Peak Permit Parking Program was approved by City Council in May of 2016 as temporary solution to address neighborhood concerns regarding traffic and parking. EBRPD assisted the City in paying the administrative implementation costs for the program and provided EBRPD police enforcement support throughout the original agreement term.
On May 19, 2020, the City Council extended the Mission Peak Neighborhood Permit Parking Program for three years. The City’s Police Department has assumed all Mission Peak Permit Parking enforcement efforts and has hired two (2) Parking Compliance Officers and one (1) Community Service Officer to oversee the Parking Compliance Unit to enforce parking issues across the City. Due to the success of the permit parking program, the Police Department plans to recommend a continuation of the program at a future City Council meeting.
On July 20, 2021, the City Council adopted a resolution amending the civil penalties schedule to increase the fines for violating permit parking during restricted hours to $82.
This is consistent with all other municipal code parking violation fees within the Ci ty of Fremont.
The permit parking program has helped alleviate some of the issues and concerns of the neighborhood while still maintaining reasonable access. Residents and visitors to the area may freely park in the approximate 200-space staging area and non-restricted neighborhood spaces as well as utilize the 900-space parking lot controlled by Ohlone Staff Report (ID # 4747) Meeting of November 15, 2022
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 4 Community College to access the Mission Peak Regional Preserve. Staff believes the program has been successful and continues to balance access with safety for our residents.
EBRPD Operations and Maintenance
As outlined in the lease agreement the City does not have operational or maintenance responsibility of the leased area. EBRPD has the oversight of operations and maintenance at all its leased properties and are renowned regional open space experts. As stated in the lease, any issues on the leased property are the responsibility of EBRPD. EBRPD management has stated that this practice is consistent with their other existing leases.
Examples of operational and maintenance oversight includes the following:
• On-Site Facility Maintenance: daily janitorial maintenance (trash, restrooms), trail maintenance including grading & drainage, facility maintenance & repairs (restrooms, fences, tables, benches, signs, gates, water fountains);
• Operations and Patrol: Hours of Operation and curfew hours, daily opening and closing of sites, Park Ranger and Police Patrols; and
• Natural Resources and Fuels Management: primarily grazing for fuels reduction and weed management, some limited management of non-native plant species.
Proposed Lease Agreement
The roles and responsibilities of each organization are included in the lease agreement.
Clarifying roles and responsibilities was an important component in delivering the final proposed lease agreement. The proposed lease agreement includes the following updates:
1. Agreed upon police and road closure language if the City exercises its police powers and closes street for more than 24 hours, then the City shall temporarily assume the operational responsibilities for the Stanford Staging Area until the conclusion of the street closure. Street closures that trigger the change in responsibilities do not include street closures for criminal investigation or fire suppression.
2. Specified hours as listed in the agreement will be posted at the entrance to the Stanford Staging Area.
3. If any changes are proposed to the current hours of operation at the Stanford Avenue Staging Area and adjacent portions of the Mission Peak Regional Preserve, EBRPD will notify City of proposed changes in writing 30 days before adoption of the new hours. Upon receipt of written notice of proposed change, City may choose to hold a community meeting at a designated location within the City, as agreed upon by City Manager and EBRPD General Manager, or their designees. In addition to any community meeting held within the City, for any proposed changes to the current hours of operation, EBRPD will include the change of hours on a regularly scheduled public meeting of the EBRPD.
4. Shortened term of lease agreement to twenty years, with an option for a twenty- year extension.
5. Agreed to a side letter that EBRPD would not build the larger 300 parking lot as allowed in the EIR to be pursued during the term of the Lease Agreement.
6. Added a cooperation paragraph in the agreement.
Staff Report (ID # 4747) Meeting of November 15, 2022
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 5
7. Added review approval and denial process in writing for Capital Improvement Program with a longer timeframe (60 days without permits and 120 days with permits).
8. Added that City may select to host a community meeting before determining whether to proceed or not with a capital project that requires a permit.
9. Updated Indemnity Language.
10. Updated Non-Discrimination language.
11. Updated Grazing Management terms.
12. Added language on EBRPD exclusive operational control and authority.
13. Updated insurance language.
14. Agreed that the leased area is to be maintained and operated in a similar nature to all the other regional parks operated by EBRPD.
15. Agreed that Ohlone College Parking will be promoted as the primary entrance to the Mission Peak Preserve in Fremont (included in marketing materials).
FISCAL IMPACT: The funding for the operations and maintenance of the Mission Peak Lease is paid by the Fremont residents as part of their County Tax Assessment to EBRPD.
The City does not receive any portion of this allocation for operations and maintenance, and if the lease agreement did not exist, a General Fund allocation would be required to cover the operation and maintenance of this 900-acre site. Alternatively, if the General Fund allocation were unavailable, the City would need to consider a closure or partial closure of this site, which would be nearly impossible to enforce with limited resources. If not adopted, it is anticipated that the City would either 1) continue with month to month lease terms or 2) begin to operate and manage the 900 acre property, which has significant cost considerations for the City of Fremont and the General Fund implications.
ENVIRONMENTAL REVIEW: The continuation of a lease agreement with EBRPD for 900 acres at Mission Peak would be exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15307, as an action taken by a regulato ry agency for the protection of the environment, specifically, for the maintenance, restoration, or enhancement of a natural resource, specifically, for the protection of open space resources; (2) the continuation of Mission Peak as a park by EBRPD are part of the project analyzed in the General Plan EIR (SCH#2010082060) and none of the circumstances necessitating preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present; and (3) CEQA Guidelines Sections 15378(b) and 15601(b)(3) as the lease continuation of an existing park is an administrative activity that will not result in an effect on the physical environment and any possible future development of the park will be developed later with the appropriate environmental review. There are no previously identified significant effects which are substantially more severe than analyzed in the prior EIR or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis.
ATTACHMENTS: None.
ATTACHMENTS:
• Proposed Amended Mission Peak Lease
• Exhibit A: Mission Peak Land
Staff Report (ID # 4747) Meeting of November 15, 2022
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 6
RECOMMENDATION:
1. Authorize the City Manager to execute a lease agreement with East Bay Regional Park District to include 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and open space.
2. Find that continuation of the lease of 900 acres at Mission Peak to EBRPD would be exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15307 (2) the continuation of Mission Peak as a park by EBRPD are part of the project analyzed in the General Plan EIR (SCH#2010082060) and none of the circumstances necessitating preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present; and (3) CEQA Guidelines Sections 15378(b) and 15601(b)(3).