Mission Peak
Lease Agreement
City Council Presentation
November 15, 2022
Current Status
•900 acres of Open Space Conservation Area leased
to EBRPD to operate and maintain;
•The current lease agreement expired July 2020 and
is currently month to month;
•The City and EBRPD both continue to promote
Ohlone College as the main trail access point and
parking lot;
•On May 17, 2016, the City Council created the
Mission Peak Permit Parking Program.
•On May 19, 2020, the City Council adopted a three-
year program extension that will expire on July 7,
2023. The Police Department plans to recommend a
continuation of the program at a future City Council
meeting.
Seven (7) Regional
Parks in Fremont
operated by
EBRPD
1. Alameda Creek Trail
2. Ardenwood
3. Coyote Hills
4. Dumbarton Quarry Campground
5. Quarry Lakes
6. Vargas Plateau
7. Mission Peak
• Ohlone College Entrance
• Stanford Staging Area
Ohlone College Entrance
•900 spaces
•Parking Fee $4
•Hours: 6:00 am – 11:00 pm
Stanford Avenue Entrance
• 43 spaces at Staging Area parking lot
• 150 street spaces
• Winter Hours: 6:30 am – 8:00 pm
• Spring, Summer & Fall Hours: 6:30 am – 9:00 pm
Overview of
REVISED Proposed
Lease Agreement
Staging Area
• All requested improvements must be approved or denied by the City with approval dates extended to 60 days for small projects and 120 days for improvements that require permits. • 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 issued by the City.
• Ohlone identified as the primary parking and entrance. Both agencies will continue to promote (market, website, social media, maps, signage other documents) the main trail access point and parking lot as Ohlone College.
• Neither agency supports charging fees at the Stanford Staging parking lot at this time, so that the neighborhood will have fewer parking impacts.
Overview of
REVISED Proposed
Lease Agreement
Operational Oversight
• EBRPD sets hours and has operational control.
• EBRPD will notify City of any changes to operating hours 30 days prior; City to hold community meeting in Fremont;
community comment at EBRPD Committee meeting.
• Specified hours as listed in the agreement will be posted at the entrance to the Stanford Staging Area on a permanent sign.
• Updated EBRPD’s Grazing Management lease.
Park curfew 9:00 pm to 6:30 am strictly
enforced. Subject to $300 fine.
Overview of
REVISED Proposed
Lease Agreement
Police and Fire
• EBRPD provides police and fire protection at the same level as other EBRPD parks.
• The area leased by the City is to be maintained and
operated in a similar nature to all the other regional parks operated within the by EBRPD.
• EBRPD provides patrol of leased area, including the
parking lot (43 spaces), City provides patrol of
neighborhood permit parking area (approximately 150
spaces).
• Agreed upon road closure language if the City exercises its police powers and closes street for more than 24 hours.
Overview of
REVISED Proposed
Lease Agreement
Lease
• Can be terminated within 90 days of a breach or within 30 days of written notice by either party.
• Indemnity language, non-discrimination language, and
insurance language are updated.
• Twenty (20) years, through January 1, 2043, with an option to renew for an additional 20 years. This is a partnership lease agreement with a cooperation paragraph added.
• Side Letter has been received and represents no
construction of an additional parking lot of 300 spaces as allowed in EIR during the term of the lease.
Staff
Recommendations
1. Authorize the City Manager to execute a
lease agreement with EBRPD 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 CEQA, as
stated in the Council report.
Mission Peak
Lease Agreement
City Council Presentation
November 15, 2022