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HomeMy WebLinkAbout4.03 Altamont Landfil Grant~~~~~ ~- ~ -~ 1 \~:~ CITY CLERK File # ^~~^-4^^ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 7, 2009 SUBJECT: ATTACHMENTS: RECOMMENDATION: ~~ (i'n FINANCIAL STATEMENT: Alameda County Altamont Landfill Open Space Fund -Application for Grant Funding Report by Diane Lowart, Parks & Community Services Director 1. Agreement Between the City of Dublin and the City of Pleasanton Regarding Expenditures by the Open Space Advisory Committee Created by an Agreement Settling Litigation over the Expansion of the Altamont Landfill 2. Agreement Between the City of Dublin and the County of Alameda Regarding Expenditures by the Open Space Advisory Committee Created by an Agreement Settling Litigation over the Expansion of the Altamont Landfill 3. Application from East Bay Regional Park District Approve application for funding from East Bay Regional Park District and direct Staff to notify the City of Pleasanton and the County of Alameda of the City of Dublin's action. None DESCRIPTION: As part of the settlement of litigation over the expansion of the Altamont Landfill, the parties to the litigation (Alameda County, Waste Management of Alameda County, the Cities of Livermore and Pleasanton, and various environmental groups) agreed that the County would charge Waste Management of Alameda County, Inc. (WMAC) two fees totaling $1.25 per ton of waste disposed at the Landfill. Of the two fees, $0.75 per ton must be spent on acquisition of open space, either by purchasing the land or obtaining a permanent easement. Twenty percent of the total amount of money acquired through the fee must be spent in the Dublin-Pleasanton area and the other eighty percent must be used to acquire property in eastern Alameda County, around Livermore. Under the terms of the settlement agreement, the County must convene an Advisory Committee to make decisions about the expenditure of the funds in the account. The County, Livermore, Pleasanton, and the Sierra Club may appoint voting members to the Advisory Committee. Dublin has anon-voting representative. COhY TO: Altamont Landfill Open Space Committee/EBRPD Page 1 of 2 ITEM NO. 1 • J lI_`'w" r~~r-• _ ~ !~ ~• .~~ ~ - ;rt\' r;s• I.ti J 1:lI ... ~ ~~~~ !"nip ~~i~! ~ ~ I AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE CITY OF PLEASANTON REGARDING EXPENDITURES BY THE OPEN SPACE ADVISORY COMMITTEE CREATED BY AN AGREEMENT SETTLING LITIGATION OVER THE EXPANSION OF THE ALTAMONT LANDFILL This Agreement is entered into by and between the City of Oublin (hereafter "Dublin"), a municipal corporation organized under the laws of the State of Callfomia, and the City of Pleasanton (hereafter "Pleasanton'), a municipal corporation organized under the laws of the State of Cafifomia, this /9--day of~~, X696. aea 1, RECITALS A. In 1991, Waste Management of Alameda County, Inc. (hereafter WMAC) applied to Alameda County (hereafter "County') for a Conditional Use Permit (hereafter "CUP') that would have allowed it to expand the capacity of the Altamont Landfill and Resource Reclamation Facility (hereafter "Landfill. The County granted the CUP in 1996, precipitating litigation over the sufficiency of the Environmental impact Report prepared in conjunction with the CUP application. Pleasanton was one of the plaintiffs in the case. B. In 1999, the parties to the litigation entered into an agreement settling their claim~.'As ._ part of that agreement, a copy of which is attached hereto and hereby incorporated by referenck, the County agreed to impose on WMAC, as a condtion of expanding the Landfill, several fees per ton of waste disposed at the Landfill. The agreement allocated a portion of those fees to an Open Space Account (hereafter "Account"); it further allocated twenty percent of the funds deposited into the Account to the acquisition of open space in the Cubiin-Pleasanton area. The County holds all funds in the Account until expenditures are approved. C. The settlement agreement established.an Open Space Advisory Committee (hereafter 'Committee") to administer the Account and the acquisition of open space with funds in the Account. Pleasanton, the City of Livermore, the County, and the Sierra Club may ail appoint voting members to the Committee. The Committee's tasks, as described in the settement agreement, are the creation of "priority lists° of properties to acquire in the Dublin- Pleasanton and Livermore areas and the allocation of funds from the Account for the acquisition of the fisted open spaces by obtaining title or a permanent easement. . If either body does not ratify the recommendation, it is referred back to the Committee far reconsideration. The Committee makes annual adjustments to the priority lists and the proposed expenditures of funds. D. As a further part cf the settlement agreement, WMAC agreed. at the earliest point allowed under its franchise agreements, to include the fees in its per ton rate for disposal at the Landfill, thereby Agreement Regarding Open Space Comm~tee Expenditures between the City of Pleasanton and the City of Oubfin Page 1•of 4 ~ t:Y,:s-F 4 ATTACHMENT 1 a ~~ .:~70i~ ?~{~yE:~~. ~AVc.:: ~: ~ {. ~ : "_' -~•; ,r~~{ lvfc , - _ ..:' ... .. ~ ~'~ ~ ~ ~ • _ . ; : ~1 ,.~ _t_:k (= a~./yY ~ L~i ~ all. rL'. '~. passing the tee to its franchisors and other jurisdictions that use the Landfill. Each franchisor must then pass the fee along to its customers by increasing rates for solid waste collection and disposal. WMAC has recently included the fees in its proposed per ton disposal rates for Dublin, thereby requesting that Dublin include the fees its customers' rates. Dublin does not believe that, underthe teens of its franchise agreement with WMAC, WMAC has the right to include the fees in its disposal rate for Dublin. E. Believing that the acquisition of open space in the Dublin-Pleasanton area will bereft the residents of both cities, and recognizing that the residents of Dublin will contribute to the Account by indirectly paying the fees discussed above, the parties hereto enter into this Agreemen# to provide a mechanism for assuring the equitable distribution of the funds from the Account designated for the creation of open space in and around both cities. AGRF~MENT NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Dublin's Responsibilities. a. Dublin shall, pursuant to its franchise agreement with WMAC and when requested by WMAC, include in the per ton Base Rate defined in that agreement all fees imposed on WMAC by the County as part of the agreementsettiing the litigation overthe expansion of the Landfill. b. Dublin shall,, to the extent permitted by law, continue to study mechanisms and funding sources for open space acquisition and research within and around its boundaries and shall share all information obtained from such studies with Pleasanton and the Committee. c. Dublin shall actively participate in the Committee and strongly advocate that the funds in the Account be allocated for the acquisition of open space in Pleasanton and Dublin. 2. • P_Ileasanton's Responsibilities. a. When the Committee creates and makes annual adjustments to the priority lists and proposed allocations of funds, Pleasanton's Committee representative shall vote to place on the priority list properties in Dublin that Dublin's representative has approved. Pleasanton's representative shall, on those occasions, also vote to divide the funds in the Account allocated far the acquisition of open space in the Dublin-Pleasanton area as agreed to by the parties. if the parties reach no other agreement regarding allocation of funds, Pleasanton's representative shall vote that the proposed expenditures for the ensuing year be divided equally between the parties, such that half of the funds are designated for the acquisition of open space in Pleasanton, half for open space in Dublin. Agreement Regarding Open Space Committee Expenditures belwreen the City of Pleasanton and the City of Dublin Page 2 of 4 _ //~~,,(( ~~ffrtlCAn }•, •r- -' ~%;~:~. ~ ~' ~ '~T i tiQ~i rilr~~ ^' ~. .. .i. ~~~, ~~~....:!~~ " /~~ ~ I .i Vlri :`~1:. aL'. :1;''~Y:'',. :i.. ~~y .. fl .~,. 1 1 i _ i~. __ 1 b. !f the Committee recommends a priority list that contains properties in Dubfn that Dublin's Committee representative has not approved or an allocation of funds for the acquisition of open space in the Dublin-Pleasanton area that is nat divided between the par#ies as they have agreed, the Pleasanton City Council shall vote to disapprove the recommendation as inconsistent with the requirements of the settlement agreement. if the parties fiave not agreed to an aftemative atkxatian of funds for any given year, the Pleasanton City Council shall similarly vote to disapprove a Committee recommendation for that year that does not evenly divide between the parties the funds allocated for the Dublin-Pleasanton area. 3. Alternative Allocations. The parties may informally agree to an allocation of funds for a single year or for multiple years that is not evenly divided between them. In the absence of an agreement for an alternative allocation, the annual allocation of funds shall remain evenly divided for acquisition of open space in each city. 4. Indemnification. Each party agrees to hold harmless the other and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and alt claims, costs, and liability that may arise directly or indirectly as a result of any actions taken pursuant to this Agreement. 5. Term and Termination. This Agreement shalt remain in e#fect for as long as the Committee exists and makes decisions about the allocation of funds derived from lees imposed as a result of the settlement of the above-described litigation aver the expansion of the landftll. This Agreement may be terminated only by the written consent of both parties. u i~~ ggngement RegarCeng Open Space Committee Expenditures between the City of Pleasanton and Ne City of Dut~in Page 3 of ~ `"J~ c 1,AVE. iiiBACtC. Ci_~- -_ ~~ ;3I ~~ 6. Severabil' If any provision in this Agreement is held by a court of competent juasdiction to be invalid, void, or unenforceable. the remaining provisions will nevertheless continua in full force without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY OF DUBE.IN By: Guy S. uston, Mayor Attest: ~C.~`~" Kay Keck, Cit k CITY OF PLEASANTON 6y: o t~ C i ~o ferret; Mayor Attest:. Pe99Y ~ ro. ity Cle Approved as to form: ~~o~~ GAL ,. ~~ Elizabeth H. Silver, City Attorney ~:tiwPOwmnswaum~~w~,t,onn~-,~-_r~e.~yr~r~s~,.tirpa Approved as to form:. Q.t..~ Michael Roush. City Attorney Agreement Regarding Open Space Committee ExpendiWres between She Ciiy of Pleasanton and the City of Dublin Page 4 nt 4 ~~ ~ ~ ~i AGREEMENT BETWEEN THE fvITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING EXPENDITURES BY THE OPEN SPACE ADVISORY COMMITTEE CREATED BY AN AGREEMENT SETTLING LITIGATION OVER THE EXPANSION OF THE ALTAMONT LANDFlLL This Agreement is entered into by and between the City of Dublin (hereafter "Dublin"), a municipal corporation organized under the laws of the State of California, a d th~County of AI da (hereafter "County'), a political subdivision of the State of California, this day of , 200,1'x. RECITALS A. In 1991, Waste Management of Alameda County, Inc. (hereafter WMAC) applied to Alameda County (hereafter'County") for a Conditional Use Permit (hereafter "CUP") that would have allowed it to expand the capacity of the Altamont Landfill and Resource Recovery Facility (hereafter "Landfill"). The County granted the CUP in 1996, precipitating litigation over the sufficiency of the Environmental Impact Report prepared in conjunction with the CUP application. The County was one of the defendants in the case. 13. In 1999, the parties to the litigation entered into an agreement settling their claims. As part of that agreement, a copy of which is attached hereto and hereby incorporated by reference, the County agreed to impose on WMAC, as a condition of expanding the Landfill, several fees per ton of waste disposed at the Landfill. The agreement allocated a portion of those fees to an Open Space Account (hereafter "Account"}; it further allocated twenty percent of the funds deposited into the Account annually to the acquisition of open space in the Dublin-Pleasanton area. C. The settlement agreement established an Open Space Advisory Committee (hereafter "Committee") to administer the Account and the acquisition of open space with funds in the account The City of Pleasanton, the City of Livermore, the County, and the Sierra Club may all appoint voting members to the Committee. Dublin has non-voting representation on the Committee. The Committee's tasks, as described in the settlement agreement, are the creation of "priority lists" of properties to acquire in the Dublin-Pleasanton and Livermore areas and the allocation of funds from the Account for the acquisition of the listed open space by obtaining title or a permanent easement. Committee deasions regarding the priority list and allocations for the Dublin-Pleasanton area are made by a majority vote of Pleasanton, the County, and the Sierra Club. Once the Committee recommends a priority list and allocations for the Dublin-Pleasanton area, the Pleasanton City Council and the County Board of Supervisors must ratify the recommendations bydetermining that they are consistent with the requirements of the settlement agreement. If either body does not ratify the recommendation, it is referred back to the Committee for reconsideration. D. As a further part of the settlement agreement, WMAC agreed, at the earliest point allowed under its franchise agreements, to include the fees in its per ton rate for disposal at the Landfill, thereby passing the fee to its franchisors and other jurisdictions that use the Landfill. The franchisors must then pass the fee along to its customers by increasing rates for solid waste collection and disposal. WMAC has recently included the fees in its proposed per ton disposal rates for Dublin, thereby requesting that Dublin Agreement Regarding Open Space Committee Expenditures between Alameda County and the City of Dublin Page 1 of 3 ATTACHMENT 2 ~~ ~ ~i include the fees its customers' rates. Dublin does not believe that, under the terms of its franchise agreement with WMAC, WMAC has the right to include the fees in its disposal rate far Dublin. E. Believing that the acquisition of open space in and around Dublin will benefit the residents of the County who might not otherwise benefit from the settlement agreement and recognizing that the residents of the City will contribute to the Account by indirectly paying the fees discussed above, the parties hereto enter into this Agreement to provide a mechanism for assuring the equitable distribution of the funds from the Acx;ount designated for the creation of open space in the Dublin-Pleasanton area. AGREEMENT as follows: NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree 1. Dublin's Responsibilities. a. Dublin shall, pursuant to its franchise agreement with WMAC and when requested by WMAC, include in the per ton Base Rate defined in that agreement all fees imposed on WMAC by the County as part of the agreement settling the litigation over the expansion of the Landfill. b. Dublin shall, to the extent permitted by taw, continue to study mechanisms and funding sources for open space acquisition research within and around its boundaries and shall share all information obtained from such studies with the County and the Committee. c. Dublin shall actively participate in the Committee and strongly advocate that the funds in the Account annually allocated for the acquisition of open space in the Dublin-Pleasanton area should be spent equally, on a dollar-for-dollar basis, on properties in Pleasanton and Dublin. 2. County's Responsibilities. a. County shall, at every opportunity, vote to place on the priority list for the Dublin- Pleasanton area properties in Dublin that the Dublin representative on the Committee approves and to divide evenly between Dublin and Pleasanton the funds in the Account annually allocated for the acquisition of open space in the Dublin-Pleasanton area, such that half of the funds are designated for the acquisition of open space in Pleasanton, half for open space in Dublin. b. If the Committee recommends a priority list that contains properties in Dublin that Dublin's Committee representative has not approved or an allocation of funds for the acquisition of open space in the Dublin-Pleasanton area that is not evenly divided between properties in Agreement Regarding Open Space Committee Expenditures between Alameda County and the City of Dublin Page 2 of 3 ~~ 3, Pleasanton and Dublin, the County Board of Supervisors shall vote to disapprove the recommendation as inconsistent with the requirements of the settlement agreement. 3. Modification. The parties may agree in writing to a different allocation of funds for a single year or for multiple years. 4. Indemnification. Each party agrees to hold harmless the other and its elected and appointed councils, boards, commissions, officers, agents, employees, and representativesfiom any and all claims, costs, and liability that may arise directly or indirectly as a result of any actions taken pursuant to this Agreement. 5. Term and Termination. This Agreement shall remain in effect for as long as the Committee exists and makes decisions about the allocation of funds derived from fees imposed as a result of the settlement of the above-described litigation over the expansion of the Landfill. This Agreement may be terminated only by the written consent of both parties. 6. Severabili . If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY OF DUBLIN By: net Lockhart, Mayor COUNTY OF ALAMEDA ~ . . . r _ .. f W~.~ '~J',` By: ~- ~h Scott Haggerty, Board Presiden ~` Attest: Kay Keck, Jerk Approved as to form: Elizabeth H. Silver, City Attorney Agreement Regarding Open Space Committee Expenditures between Alameda County and the City of Dublin Attest: <~ rystal Hishida, County Clerk Approved as to form: ~`i Richard E. Winnie, County Counsel Page 3 of 3 Alameda County Altamont Landfill Open Space Fund Application for Grant Funding Tyler Ranch Property Acquisition (Phase 11) Eost Bay Regional Park District GRANTEE INFORMATION Name o f Applicant Requesting Funding (Project Sponsor): EAST BAY REGIONAL PARK DISTRICT 2950 Peralta Oaks Court P. O. Box 5381 Oakland, CA 94605 Project Manager or Contact Person: Nancy Wenninger, Manager, Land Acquisition Telephone No. 510-544-2607 Fax No. 510-569-1417 E-mail Address: nwenninger(a~ebparks.org, Is the Applicant a Non~ro fit or 501(c)(3) organization: No Federal Tax Identification No. 94-6000-591 LANDOWNER INFORMATION Incultorum, LLC 180 Park Road Burlingame, CA 94010 Attn: Curtis Priem PROJECT INFORMATION Project Title: Tyler Ranch Property Acquisition (Phase II) Project Location: Site Address: 12565 Foothill Road, Sunol Unincorporated area of Alameda County, I/2 mile west of Kilkare Rd, Sunol APNs: 946-4525-002-04; 096-0 125-006-04; 096-0 13 I -002; 096-0533-00 I ; 096-0533-002; 096-0534-001; 096-0534-002; 096-0535-003; 096-0535-004; 096-0540-002 Jurisdiction in which property is located: Town of Sunol Land Use Description and Zoning applicable to the property: "Large Parcel Agricultural" Zoned: A- 100 g~ ai ~TT~['HMFNT ~ 9~3~ Tyler Ranch Property Acquisition (Phase 11) East Bay Regional Park District Project Objective: Tyler Ranch Property Acquisition -Phase II Acquisition of Tyler Ranch Property:l,476 total acres; Total Purchase Price: $6,637,500 (Phase I Acquisition of 320 acres completed September 28, 2007. Purchase Price: $ I ,440,000) Phase II: Acquisition of I, 156 acres of open space and important wildlife habitat Funding Requested: $ I ,000,000 Total Project Cost (including in-kind contributions): Phase II: $ 5, 197,500 Itemized Project Expenses: (Costs for appraisals, title, staff time, etc., are not included in this proposal.) PHASE II Requested Funding From Altamont Comm. Funded by Other Sources PURCHASE PRICE Priem Foundation California River Parkways Grant State Coast Conservancy Grant Habitat Conservation Fund Grant EBRPD $ I ,000,000 Total $ I ,000,000 TOTAL PURCHASE PRICE (Phase II): $5,197,500 * Grant awards pending. ** Proposed funding from EBRPD includes: Measure AA Bond, Measure WW Bond, and/or Prop 40 funds. Proposed Funding Date: September 30, 2009 Estimated Completion Date o f Project: December I , 2009 Is the property currently under a Williamson Act contract? Yes $ I ,729,500 $ I ,000,000* $ 500,000* $ 300,000* $ 668,000** $ 4, 197,500 Are there other easements on the property or are other easements being negotiated? No Conservation Easements currently encumber the property. Who will hold fee title to the land or hold the easement? East Bay Regional r 'strict will Id fee title interest to the land. Signature of Applican ~ II ~^,~~ v Nu ~ Date: ~ ~~ ~ l i ~ ~~ Alameda County Altamont Landfill Open Space Fund Tyler Ranch Property Acquisition East Bay Regional Park District PROJECT DESCRIPTION East Bay Regional Park District proposes to acquire the 1,156-acre Tyler Ranch property (Phase II), located adjacent to Pleasanton Ridge Regional Park, to preserve valuable wildlife habitat and watershed lands in southern Alameda County. Views from the ridgetop at 2, 100 feet elevation are spectacular, providing vistas from Mount Diablo in the east to the Farallon Islands to the west. Heavily wooded canyons give the park visitor the feeling of being in a wilderness, even though the highly urbanized Tri-Valley area is actually only a few miles away. The subject property is a prominent feature of the landscape, straddling Sunol Ridge and descending to Sinbad Canyon. It contains rolling grasslands, chaparral- covered hills and heavily wooded drainages which provide valuable habitat for Alameda whipsnake, California red-legged frog and western pond turtle. Other species supported by the property's habitat include mountain lion, bobcat, deer, golden eagle and other raptors. Acquisition of this acreage will provide an important habitat linkage between publicly-owned parcels and will create a protected wildlife corridor in this highly urbanized region. Located in an unincorporated area of Alameda County, the property's zoning designation would allow one homesite per 100 acres. Before the purchase contract was negotiated the property was being marketed for residential development which would fragment habitat and jeopardize water quality of adjacent creeks and streams. In 2007, the Park District acquired 320 acres (Phase I) of the 1,476-acre Tyler Ranch and executed an agreement to acquire the remaining I , 156 acres. Protecting this valuable land will preserve habitat, protect a significant portion of the primary watershed of Alameda County, maintain a wildlife corridor, and expand recreational opportunities. Acquisition by the Park District of the Tyler Ranch property will significantly expand Pleasanton Ridge Regional Park and will provide an additional entrance to the park. The property also will supply an ideal location for a staging area to improve public access to the park and for the future extension of Alameda Creek Regional Trail at the eastern end of Niles Canyon. Additionally, acquisition will bring this property into the resource management system of the park district and will forever protect it as natural habitat, wildlife corridor and open space. An award of funds will aid EBRPD in placing this property in public ownership and under the District's stewardship. ii ~ Alameda County Altamont Land fill Open Space Fund ~ I Tyler Ranch Property Acquisition East Bay Regional Park District FUNDING CRITERIA I. Significant Native Biodiversity Value The Tyler Ranch property links the rugged Niles Canyon / Alameda Creek wildlife corridor with oak woodland/savanna/chaparral/riparian habitat of Sunol Ridge and Pleasanton Ridge. Acquisition of the Tyler Ranch property will augment and link surrounding local and regional natural parklands to provide a refuge of many square miles of contiguous protected open space. Tyler Ranch contains a rich mosaic of habitat types including oak woodland, riparian, chaparral and grasslands. Riparian habitats in general are threatened throughout California. Often reported to be among the most valuable habitats to wildlife, they also enhance adjacent upland habitats such as grasslands. The riparian corridor and adjacent chaparral on the property provide valuable habitat for a number of threatened or endangered species, including Alameda whipsnake, California red-legged frog and western pond turtle. These corridors also support other species such as mountain lion, deer, coyote, bobcat, grey fox and various other mammals, rodents, amphibians and reptiles. Upland portions of the property contain steep slopes with coastal scrub and chaparral, along with large swatches of grasslands and rock outcrops - providing critical habitat for Alameda whipsnake. The grasslands also provide good foraging areas for golden eagle, red tailed hawks, prairie falcons, American kestrels, and other raptors. Beechey ground squirrels are found on the property which serve as prey for these and other mammalian and avian predators. The stock ponds (with proper management), riparian areas and adjacent uplands also provide habitat for California red-legged frog and other amphibian species found in this area. Having diverse habitat which supports three separate threatened or endangered species makes this property especially important to preserve, and the substantial size of the property makes it especially valuable to the mountain lion, a specially protected species. Together with more than 10,000 acres of nearby parkland, this acquisition links a vast preserve of open space, thereby increasing the ecological value of adjacent lands and promoting biological diversity. The mosaic and habitat edges of the Tyler Ranch property provide rich forage and protective cover -both for foraging and stalking prey. The acquisition of the 1,156 acres of the remaining Tyler Ranch property will add to the large network of publicly-owned natural preserves. Under current zoning, considerable development would be allowed as outlined in the following Item #3. Without public ownership and the Park District's stewardship, the spectacular recreational and habitat preservation opportunities present at Tyler Ranch could be lost. Acquisition by the Park District will prevent habitat fragmentation as the human population increasingly encroaches on the Bay Area's wildlands. 2. Significant Visual and/or Non-motorized Recreational Value Southern Alameda County contains spectacular scenery and long-distance views. From the top of the Tyler Ranch property on Sunol Ridge, vistas include Mt. Diablo to the northeast, Niles Canyon to the southwest and farther west, the San Francisco Bay. ia~i The southern end of the Tyler Ranch property fronts Foothill Road, a paved public ro d in the town of Sunol. This easy access and large flat area provide an excellent opportunity for a staging area and picnic spot. The ranch extends northerly 3.5 miles along the ridgeline and Sinbad Canyon, where its northern boundary abuts Pleasanton Ridge Regional Park at the terminus of Kilkare Road, which runs along Sinbad Creek. Not only will acquisition of this property provide the essential staging area for the future eastern extension of the Niles Canyon portion of the Alameda Creek Regional Trail, it will also connect to the extensive trail system already in place in Pleasanton Ridge Regional Park, and along with the recent $1.44 million Phase I purchase of a 320-acre portion of Tyler Ranch, will increase the park's total acreage by 30%. Currently the only two access points to Pleasanton Ridge Regional Park are through the Oak Tree staging area on Foothill Road in the Town of Pleasanton, one and three quarters miles north of Niles Canyon Road at the southeastern portion of the park, and via awalk-in access at Thermalito Trail at the southern end of the ridge. The staging area is congested during high season, parking overflows to the busy roadway, and trails to the ridgetop are steep and accessible only to the most fit hikers. Elevations at the staging area begin at 400 feet and climb to 1,400 feet at the ridgetop - a 1,000-foot gain in elevation on a one-half mile trail. The trail systems in place in Pleasanton Ridge Regional Park can provide superb outdoor experiences only if they are made more accessible. Acquisition of the Tyler Ranch property will provide a new, generous staging area, supplying another key access point at the southwestern end of the park. A trail system will be developed over existing ranch roads and currently unused trails on the property to provide a more gentle ascent to the ridgetop, making the spectacular views accessible to a wider range of park visitors. In addition to the internal trail systems of the Park, the Tyler Ranch access will provide a future connection to the Alameda Creek Regional Trail. 3. Strategic Value in Land Protection The Bay Area has been experiencing rapid growth and suburban sprawl. There has been rapid urbanization of the surrounding area. Development of the property would fragment the habitat, allow erosion to degrade the surrounding creeks and streams, and introduce domestic animals into the wildlife habitat. Until the Park District owns the Tyler Ranch property, the threat of development remains. The property was previously marketed for residential development, but the District has been able to secure athree-year option to purchase it. If the District were unable to purchase and preserve the property, it would likely be sold for residential development. The opportunity for a large public staging area for the Alameda Creek Regional Trail at the eastern end of Niles Canyon and a new entrance to Pleasanton Ridge Regional Park at the southern end of Sunol Ridge would be lost. Although local voter sentiment favors open space, current zoning and General Plan designations leave the property vulnerable. Further, development would fragment the habitat, interrupt wildlife corridors and result in erosion problems on the steep hillsides. Acquisition by the Park District will preserve a significant, undeveloped tract of land containing valuable habitat, safeguard a dominant ridgeline, protect significant watershed, secure regional trail connections, and provide new public recreational opportunities. The subject property is zoned "A" Agricultural District. The intent of the "A" District is to promote General Plan land use policies for agricultural and other non-urban uses. 2 i~~~ Permitted uses in the "A" district include single-family residences as well as agricultural use . Uses permitted with a Conditional Use Permit include housing for agricultural laborers, some food processing, hog ranches, kennels, cemeteries and outdoor recreational facilities. The minimum land area required for a building site is 100 acres with limited exceptions. In November 2000, the electorate approved the "Save Agriculture and Open Space Lands Initiative" (Measure D). The initiative amended portions of the County General Plan to allow additional uses such as agricultural processing facilities (e.g., wineries and olive presses), limited agricultural support service uses, secondary residential units, visitor-serving commercial facilities (e.g., tasting rooms, fruit stands, bed and breakfast inns), recreational uses, public and quasi-public uses, solid waste landfills and related waste management facilities, quarries, windfarms and related facilities, utility corridors, and similar uses compatible with agriculture. Although current zoning and General Plan restrictions limit the amount of residential development allowed on the property, development for the allowed uses would severely alter the landscape, affect water run off and quality, increase traffic, contribute to habitat and wildlife corridor fragmentation, and have an adverse effect on the scenic viewshed. Pleasanton Ridge Regional Park and associated Regional Trails are shown in East Bay Regional Park District's 1997 Master Plan and the 2007 Master Plan update, adopted on November 6, 2007. Expansion of the park by acquisition of the Tyler Ranch property aids in achieving the goals of providing a diversified system of regional parklands and trails while balancing environmental concerns with outdoor recreational opportunities. 4. Additional Funding Sources The Park District is assembling funding from a variety of partners to aid in this acquisition. The purchase price for Tyler Ranch Phase II is $5, 197,500. As outlined in the following section, the Priem Foundation is committed to provide a $1,729,500 credit towards this purchase. Other funding sources potentially include: Habitat Conservation Fund: The Park District has submitted a grant application requesting $300,000. HCF has funding which will be provided through budgeted State General Fund. We expect to receive determination of award in Summer 2009. River Parkways: Although staff has indicated a very favorable view of the Tyler Ranch project, River Parkways funding is on hold pending State bond funding. We are hopeful that funding for this program will be available later this year. Our grant request was originally for $2,000,000; however, given the current economic climate, we can envision that a grant award from this program realistically may be reduced to $1,000,000. Coastal Conservancy: SCC staff is prepared to recommend the Tyler Ranch project for funding to their Board; however, their funding is also contingent on State bond financing and is currently on hold. If State bond money becomes available by year-end, we are optimistic that our request for $500,000 will be awarded. East Bay Community Foundation: Through the Frederick E. and Anne R. Barstow Fund, the Foundation has granted $5,000 to the District for land acquisition. 3 ~~ ~ i Park District: If any of the funding listed above is not forthcomin , we ex ect to make u tfie g P P short fall through District funding from Measure AA, Measure WW, Prop 40 and/or other District capital funds. A grant of funds in the amount of $1,000,000 from the Alameda County Altomont Landfill Open Spoce Fund will greatly aid in the acquisition and protection of this property. Support Many agencies and conservation groups are interested in supporting the Park District's acquisition of Tyler Ranch. Letters of support have been received from the City of Pleasanton, the Sierra Club, Tri-Valley Conservancy, Ohlone Audubon Society, Sunol Citizen's Advisory Committee and the Kilkare Woods Homeowners Association as well as local Legislators State Senator Ellen Corbett (District 10), State Assemblymember Mary Hayashi (District 18) and US Congressman Pete Stark (District 13). 5. Willing Seller Phase I of the Tyler Ranch property acquisition was purchased from willing sellers Cynthia Roberts and Nancy King. A Memorandum of Agreement: Repurchase Agreement with Incultorum, LLC, subsidiary of The Priem Family Foundation ("Foundation"), for Phase II has been fully executed and approved by EBRPD's Board. The generous financial support of the Foundation will enable the Park District to complete the second phase of this large acquisition. The Foundation is atax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, created in part for the purpose of preserving open space in the greater East Bay Area. The Foundation and the Park District have entered into a "Memorandum of Agreement" ("MOA"), agreeing to work together to permanently protect wildlands, ridgelines and viewsheds in the Niles Canyon area, specifically agreeing to cooperate in the purchase of Tyler Ranch. In Phase I of the project, EBRPD purchased 320 acres of Tyler Ranch for $1.44 million. The Foundation, through its subsidiary Incultorum, LLC, purchased the remaining 1,156 acres for $5, 197,500. This transaction was completed on September 28, 2007. For Phase II, EBRPD and the Foundation have negotiated a Repurchase Agreement whereby within three years EBRPD may purchase Incultorum's 1,156 acres for $3,468,000 ($3,000 per acre), a partial donation of the purchase price which constitutes a gift by the Foundation to EBRPD of $1,729,500. 4 /~ ~~ Alameda County Altamont Land fill Open Space Fund Tyler Ranch Property Acquisition (Phase 11) East Bay Regional Park District ADDITIONAL INFORMATION Easements Property Restrictions/Encumbrances: This property is encumbered by a number of minor utility easements and access easements to adjacent parcels which will not affect its suitability for park and open space purposes. It is also subject to a Land Conservation Contract. Environmental Hazards There are no known environmental hazards on the property. CEQA Exemption This project is Categorically Exempt from CEQA. A Notice of Exemption was filed September 21, 2007. The project consists of the acquisition of land in order to create a park. This land is currently in a natural condition and will remain in a natural condition. Additional CEQA requirements will be addressed when the lower portion adjacent to Foothill Road is developed as a staging area. Alameda County Altamont Land fill Open Space Fund Tyler Ranch Property Acquisition (Phase ll) East Bay Regional Park District LOCATION MAP ~,~,; ~~. ,-= .`~ tAY ,`}~~~~. i'':: IG a ~~ ~ 31 ~~~~~ .~ a `- w ~ PLElItSA1rITCjN G E i' • ;. ~ 1 ~ r ,, ~,; , r F " ~ ~ - ~',~,' `• . ~ ~ r..u s'rtgl ,~~' ,~sl~~'~ ~,' „d r ~}~,~ ,L;' ,~ •4 - ~ ~' ~ •~ ~ ~ 1` ~' ,* ;; 4 , nL y rl-.. , K • . REGIONALP ` ~ `4 i ~' a i "~ c 4 ' ; ~' {~ ° . .~ , ~ ; , -4 s PARK `~ a +,-_~. ~ -``fir n1i ~,'~~ ~~~t ~ N4 ~ ~ . s~ • ~ •~'4t, :_ ~:I ~j~ ~ '?' ~, 3 ;y`^ tiT.Fl~ ` • r ~ I.I~ • ~~ ~~~ ~. i~ ~ ~ o 's,~ 7 ~ t 1~i'~ ~~ •r 4 ~1 ., ,. ! ' ' ET , ~ _ r) t ^3+ J . j _ 1. { . -~ " '~ r ~ I~ ~ t• i ~ ~ i ~ 'b b y - 1 t. < <~ r• ~ ~ ~ ,~~~*~ } , Y ~ ~ ~ t : ,~ , , ~-,~ ,,PLEASI~NTOIV r t ~ ~ ~ Y EBRPD Recent ;, ~ '~,i '' ~~: - ~ ~ ~5 ~ _ ~ _.._R~DGE '° • ` ~ ~ ` + '~ -Y ~ ~,~, ', ti t , Purchase 1 ' ', - ~ ! ` j r ` -' '• ~~ I 4 ' , ~ ~ `^ ~ " ` ..^ °: E R GC NAL h ~ '' ~ _~ -: ~ ~ ~ ! j P ase ~, ~ ~, 'PA ~•" ~' (320 Acres) ,+ ~~ + _ .~F _ _ ~ R~ I ~ t - ~ t A .. r s -. ` om ,~~~ i '~'~ ~ EBRPD ^ ~ ~. . , = ~ Y ~~- ~ ~,' • ,~~,, "~ 4-- < ~. F t „rS , ~ ! ~ 1 \ - I "~ Lam- ~ ~ ~ - `` ~ ~ . ` 4 ~ ` 5 ` r g % s Purchase ti f - ~ `: F ,'~~ ~~ Phase 11 ~ •~ ~ ~' i;1 ~`' ' -~_ ~ j` , ! 4 ~ :fit '+ ~ ~ : ` Y* - + t (1,156 Acres) ] •'~ ~ '*~ ~ `'+~- ~ ;~ J 1 ~ ~ + -~ ^ ' ~ . ~. 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O Q, Od v A.GM.45 Referer~ YI Tyler Ranch Property Acquisition Alameda County Altamont Landfill Open Space Fund Tyler Ranch Property Acquisition (Phase ll) East Bay Regional Park District Sunol Ridge /Tyler Ranch as ~ 31 -~ ~ M;,. + rF .,~ ' =': ~` -~ ~,"~1z; ~. ~ . owe "'" ~ ' ..~'~ ~ er- ..~, Alomedo County Altomont Land fill Open Space Fund ~~ ~ f Tyler Ranch Property Acquisition (Phase 11) East Boy Regional Park District t ~ y] nut X.,, ~' ; R ~- '~ ... .~ ~.~ ~ ~~'°~ a 'i~ r 1) i.. .y y ~ ~ n ~ i~va.~ ~++~.Yff~.i ~L.` ,LL p w h t Niles Canyon from Tyler Ranch ' Alameda County Altamont Landfill Open Space Fund Tyler Ranch Property Acquisition (Phase II) East Bay Regional Park District p~ J4 g"~' ~ a~ a~ ~ 3~ } ,~~ "'~. ~ ti.4 ~ .. ~ .5 `~* ~~ ~ r s ~ '4 ;.° ~~~ t. ti~ "~~ ~ ~~ - ~ ~~ Tyler Ranch Rock Outcrops (Mt Diablo View) Alameda County Altamont Land fill Open Space Fund Tyler Ranch Property Acquisition (Phase II) East Bay Regional Pork District Tyler Ranch Future Staging Area ag ~ 31 Alameda County Altamont Landf II Open Space Fund Tyler Ranch Property Acquisition (Phase II) East Bay Regional Park District k'~~ t .t ~.,_ _~ _. <~ -.. ~~,~, . r ,~ ~~._ `°' i ~_ ~ P- s_ •6Y r ~~ ` ? ,y- `„f ~~ ~~~~~ a9 ~~ `~ r .; Sinbad Creek /Tyler Ranch (September) ~0~3, EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: 2009 - 4 - 098 April 21, 2009 AUTHORIZATION TO FILE AN APPLICATION FOR GRANT FUNDS THROUGH THE ALAMEDA COUNTY ALTAMONT LANDFILL AND RESOURCE FACILITY OPEN SPACE ADVISORY COMMITTEE TO ACQUIRE PROPERTY: PLEASANTON RIDGE REGIONAL PARK WHEREAS, in 1999 a settlement agreement was entered into by various environmental groups and Alameda County (County) regarding the increased traffic in the I-580 corridor due to the expansion of the Altamont landfill facility; and WHEREAS, the parties to the lawsuit, Alameda County, Waste Management of Alameda County (WMAC), the cities of Livermore and Pleasanton, and various environmental groups, agreed that the County would charge Waste Management of Alameda County, Inc., fees totaling $1.25 per ton of waste disposed at the landfill; and WHEREAS, WMAC is required to pass on to its franchisors and other jurisdictions that use the landfill a portion of this fee to be spent on acquisition of open space, either by purchasing the land or obtaining conservation easements over it; and WHEREAS, the Park District has an opportunity to acquire 1,156 acres as the Phase II acquisition of Tyler Ranch at Pleasanton Ridge Regional Park; and WHEREAS, acquisition of this property will aid in important resource protection goals by protecting endangered species habitat, extending a wildlife corridor, and expanding Pleasanton Ridge Regional Park to Sunol Ridge; NOW, THEREFORE SE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby: I . Approves the filing of an application to the Alameda County Altamont Landfill and Resource Facility Open Space Advisory Committee for grant assistance for the above project; and 2. Authorizes and directs the General Manager, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of the above resolution. 3. Authorizes the CFO/Controller to establish a capital project grant budget in CIP 233502 upon receipt of an executed contract with a budget appropriation equal to the value stipulated in the contract. ~~~ ai Moved by Director Sutter, seconded by Director Wieskamp, and adopted this 21 st day of April 2009, by the following vote: FOR: Directors Whitney Dotson, Beverly Lane, Ted Radke, Carol Severin, Doug Siden, John Sutter, Ayn Wieskamp. AGAINST: NONE. ABSTAIN: NONE. ABSENT: NONE. ~y i^ Hl~en_°;, .,, Clerk of the ^~ard :~+ ~~retcors of th8 East oay :;~~y.~:.7nal :'ark Distr_;t. ~:, .^•ereby certify that the a5ove an~i Eorego~n is a full, true and correct capY of ~esalutian No.~~q- ~[~ Og adapted uy tF~e $oard o! Directors at a/rJegular meeting held .~ 2