HomeMy WebLinkAboutMINUTES - 07231996 - C82 Contra
a:
TO: BOARD OF SUPERVISORS Costa
FROM: Supervisor Tom Torlakson County
DATE: July 23, 1996
SUBJECT: AUTHORIZE SUPERVISOR TOM TORLAKSON, ON BEHALF OF THE BOARD OF
SUPERVISORS, TO SIGN THE AMENDED "MEMORANDUM OF
UNDERSTANDING" FOR THE DELTA ENVIRONMENT SCIENCE CENTER
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION
RECOMMENDED ACTION: Authorize Supervisor Tom Torlakson, on behalf of the County, to sign
the amended ,Memorandum of Understanding for the Delta Environment Science Center as indicated on
Attachment 2.
BACKGROUND INFORMATION: In April 1994 the County entered into a Memorandum of
Understanding with the East Bay Regional Park District, the Contra Costa Community College District, the
Contra Costa Campus of California State University at Hayward, the Ironhouse Sanitary District, and the Mt.
Diablo Audubon Society for participation in the proposed Delta Environment Science Center to be located in
Oakley, California. Supervisor Torlakson has served as the County's representative, and in the capacity of
Chair, on the DESC Coordinating Council since the group's inception in 1993.
Planning and development of the proposed Science Center subsequent to the acceptance and
adoption by the Board of the original Memorandum of Understanding has resulted in participation of varying
capacities of other organizations interested in the development of this project, including the Delta Chapter of
the Sierra Club, the Contra Costa Water District, and the Contra Costa Mosquito and Vector Control District.
The evolution of the project makes it necessary to now amend the Memorandum of Understanding to
allow for the additional participation by other organizations, and to enable the establishment of a non-profit
corporation to further develop the project.
Attachment "A" reflects the "First Amendment to Memorandum of Understanding for the Delta
Environment Science Center." Attachment 1 indicates a marked-version of the existing MOU, while
Attachment 2 reflects the final document if the proposed changes are adopted.
CONTINUED ON ATTACHMENT:XYES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON July 23, 1996 APPROVED AS RECOMMENDED: X OTHER:
VOTE OF SUPERVISORS:
X UNANIMOUS(ABSENT ---------- )
AYES: NOES:
ABSENT: ABSTAIN•
i
HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
cc: Supervisor Torlakson
ATTESTED July 23, 1996
County Administrator
County Counsel BATCHELOR,CLERK O THE BOA OF
Community Development Department PERVISOR NDC TY DMIN RATOR
DEPUTY
First Amendment
to
Memorandum of Understanding
for the
Delta Environment Science Center
This is the First Amendment (this "Amendment") to the
Memorandum of Understanding effective as of March 16, 1994
(the "MOU") for the Delta Environment Science Center (the
:"Center") .
Since the MOU became effective, the Participants have
caused the Initial Study to be conducted and completed. The
completed Initial Study has a broader scope than that
contemplated in the MOU, and so includes aspects of the
Center which the MOU anticipated including in a later Master
Plan.
The existing Participants wish -to invite additional
organizations to join the Center as Participants, including
East County .schools, the Contra Costa Water District and the
Contra Costa Mosquito and Vector Control District. The
Participants also desire to make additional changes in the
MOU.
It is accordingly agreed as follows.
A. Amended HOU. The MOU is amended by the deletion and
addition of the text indicated in the marked copy of the
"Amended Memorandum of Understanding for the Delta
Environment Science Center" attached as- Attachment 1, except
as otherwise provided below with respect to Participants. _:
The MOU as so amended is attached as Attachment 2 (the
"Amended MOU") . The attachments are incorporated in this
Amendment by this reference.
B. Effectiveness. This Amendment and the Amended MOU shall
take effect upon approval by the five existing Participants
(County, Park District, Community College, Ironhouse and Cal
State) and notice to such five Participants by Ironhouse
Counsel that each of the such five Participants has notified
such Counsel of such approval. The effective date of this
Amendment and the Amended MOU (the "Amendment Effective
Date") shall be the date of such notice. Ironhouse Counsel
shall cause such Amendment Effective Date to be inserted in
the line provided immediately prior to the signature lines
below. However, Mosquito District, East County Schools and
IR000T03.M
01/61/09 1
CCWD shall not become Participants (and their representatives
shall not become Voting Members of the Council) , and the
Delta Group, San Francisco Bay Chapter, Sierra Club ("Delta
Group") shall not become an Advisory Member, until the last
to occur of (a) the Amendment Effective Date or (b) approval
of this Amendment and the Amended MOU by the additional
Participant concerned and its signature of this Amendment.
If any additional Participant (Mosquito District, East County
Schools or CCWD) or the Delta Group has not approved this
Amendment and the Amended MOU and signed this Amendment by
December 31, 1996, the invitation to such new Participant or
Advisory Member to become a party to the Amended MOU and join
the Center shall be deemed withdrawn. The Council shall
cause Attachments 1 and 2 to be revised appropriately to
reflect the foregoing and the other provisions of this
Amendment.
C. MOU Relationship. In the event of any inconsistency
between this Amendment and the MOU, this Amendment shall
prevail, but in all other respects this Amendment and the MoU
shall constitute one and the same agreement. All initially
capitalized terms used in this Amendment have the meaning
given them in the Amended MOU except as otherwise expressly
provided in this Amendment.
D. Signatures. Each individual signing below certifies by
her or his signature that the Participant for whom she or he
is signing has approved the MOU and this Amendment and that
she or he has been duly authorized to execute this Amendment
on behalf of his or her Participant.
Amendment Effective Date: , 1996.
PARTICIPANTS
County SIGNATURE DATES:
Contra Costa County
By: Date:
Community College
Contra Costa Community
College District
By: Date:
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01/61/09
2
California State _Univeraity. Hayward SIGNATURE DATFs
By: Date:
Bast Bay Regional Park District
By: Date:
Ironhouse Sanitary District
By: _ Date:
ADVISORY MEMBERS
fit. Diablo Audubon Society
By: Date:
Delta Group, San Francisco
gay Chapter, Sierra Club
By: Date:
ADDITIONAL PARTICIPANTS
Each organization signing below enters into the above
Amendment and the Amended MOU as a Participant on the terms
stated above.
Mosquito District
Contra Costa= Mosquito and
Vector Control- District
By: Date:
Presiding Officer
East County Schools
By: Date:
Contra Costa Water District
By: Date:
Presiding Officer
1900070,85c
01/61/09
3
• C. gY
&JUM EMORANDUM OF UNDERSTANDING
FOR THE
Q �TA ENVIRONMENT SCIENCE CENTER
This is ikMemorandu;tWouny
of Understandin
:.
be ween a followin
"%1�ar c pan s ': Contra Costa county , e asay
Regional Park District ("Park District") , the Contra Costa C-f
Community College District ("Community College") , the 'Ironhouse
Sanitary District ("Ironhouse") , arA--California State University
Hayward "
The Participants desire ' to develop and operate a Delta
Environment science Center ( .. "Center") . As presently
contemplated the Center woul a constructed near Oakley,
California on lands provided by Ironhouse, with the physical
structure principally maintained by the Park District. Communit
College through its Los Medanos College Campus and
would conduct environmental studies and allied science
v-R-I
programs at the Center, and Y : :_�:� chool
distriets--(serving grades k n ergarten roug weYve would use
the Center as a resource for the education of their students.
Y
5-1
.. :.a�a.:a•.
ifp ' y-`(3':' �r�" Jowg'�': Q Jatxaa�ro hvF. o
ibit A, entitled, "The Delta Environment sel
August-
So 19 .—ren
In consideration of the foregoing and the promises, terms and
conditions of this Agreement, the Participants agree as follows.
1. e <en a r,'s FFA::_
e `:a'.,.>: ,,c a >� .. .��
�� y.." ��� �•� \b>..�, ♦.;.�tro,, (' .l`1,,.r,..i°` Delta= .�.
ig!
kWn
Jw:J'D'oca"�' .7.ici:�o6:c•'wo' ldj�iaxkY611�.:'iC?:
4" A34"inCenter --c-e-unty, -Park ,
determine. / key struetural elementsi develop -a
Master- Plan, and- -n—itiante a fund raising pregicam fer the Genters
1R000703.83R
01/61/08
2e
G- f-�rc-v-"-�J w-vf Ir 0-�'91«cLegal'r, �@�-39 @= thanitiwav--xbre�
ei�ii
netified by
.a. the governing beard er apprepriate authority ef eaeh of--then
has apffeyed their entry into this Agreement. irenheuse ounsel I
prSyidad'-immediately prior to the signature lines era`r:T
3 . Funds. Under separate letter of agreement, the Alameda-
Contra Costa County Parks Foundation, a tax exempt entit shall
receive, account for, and disperse donation grants
receipts for the purposes of the Delta Environment Science 'en er
as directed by thethe ouncil.
{� p dr t3✓ Q
� y ,< '; •s<�a\�\\�,� <��%n\� <�'jsi:y �:\\ ���a ,�,a'C>sh^tL � v''
�ax £�s s�X'Yd:C�fa, �ri such` �It1OLlYl ���t3t� 4S�'�:SLIC #,� 5,:y f3:�,�hO'•.:•� G`
4 . Purpose. The purpose of theoinin of the Partici ants
�r`w^Y"(,.+K`S^ir`{`�7..•< Thy}=yam n J1��or�j�rrmn}r�• r�\ nxvoc• Y y�?r�ryu• }� :o•
.•.7v LI�.F J'.�7'eMllG•"�`llf� Sfef.yt �iiiJ- AJig. .. .:
Ce per's ro " ,� �� . slc \\ •>: es. s.
M_-W
...........
an
o.: <»�izazo«ut:;x<soart<c:>,za :a
i i
and develop a Master Plan �Fer the Center.
a. Initial Study. The Participants desire to further
define the design and determine the cost of developing the Center.
An euti ne-ef the--seepe-ef ani---initial design study the nTni t.t a
Study") aeeemplishing this ebjLti;'teAs attaehed as Exhibit B. A
preferred site for,•-.ahe Center has been designated on Ironhouse
lands, and Ironhouse is prep r. em � to lease such location to
the Center on the terms which it Has proposed. One purpose of the
Initial Study is to examine the potential of this 67site and its
development constraints. Upon completion of the Initial Study, the
ceerdl , ;.. ^ouncil shall re-examine the designated Bite for the
Center, and either confirm or change the 65-Ute as the Council deems
appropriate, but subject to agreement of Ironhouse as to any
location on Ironhouse lands other than that presently designated.
The Site so designated by the Council shall be the "Site. "
bwX�.ParkaDistrict shairadminister-". the Initial Stud
y
sh n issue anse I eet an outs
ultant en sueh terms as Par-it Distriet
.:.��.wj73:::aG<v;.::.;;,,;,>..a�.,°:2...::.J:yO.ak�SAaR.:..1a;c.:b`✓:�c::aa,
shall- r easenably—determine (subjeet to therequirementsof this
IR000703.834
01161/08
2
M-
ON - - - - - - •
• - - - -
*174 4-1 olp
.. � • YR � A �X4•��.Q � .� e�\ 6 x4�.h� �``�a`��,���� A��}y+�1yy��
• ! 6 • • • O • `. 6� td • qxr�- tSz i Hyl b SIM.; •ft p�,d}
• �' t� • � Q`Q :.;n. -cis;:'."_""Y "�\ ^'w�y�a�� %`•� �y�.yy��\'�`7.9��p,t
\o • o • o 1, •WSW
•f�f f
f f:
Yi. Deadlines by w i'eh e'erta'Z7r-"ameunt.9 4Z�C2]C
funding must be paid or legally eem-Itted,
Yii. The—eeryieea -whieh—Partleipante and--et-h"
Parties will provide the Center, wh,leb, may inelude (but nee4-iiot--be
vilis An euiline-o f the _Ment$ of any amendment to
this Agreement er preposed jeint powers agreement er other-legal
im. Preyisiens €er dispesiti-en ef the Genter's
preperty epen the Center's dissolution.
ME -7...._i-.. parties - rf Center
to preeeed.
b. Sueh Master Plan shall be submitted-me---r appreval--I-nn
the Master Plan before it shall be deemed adopted or may be
implementedby the Eenter. r-a#lure ef any Partieipant to .
disappreve-the-Master--Plan within 60 days-€ello g-is
shall be deemed appreva4-r
ri m-TVT='ewing si Q'GTruna s e'e'neept'Li"a •'Q"ppre'va'l,the
Geuneil shall, subjeet to the availability of
eause any
regu�eed-environmental-de eumentat i en to b~e--pre} ared7- ,funding,
shall t
tire-extent- required by law preeess the prepesed development w
County-and-ether-governmental-autherit#es with jurisdietlen.
6. Ceerdinating Cbuncll. For the purposes stated <t"
g M ere", the Participants shalt select re resentatives, w o
sh'a orm the Coordinating Councils u 101: <c.: f the Delta
Environment science Center.
a. Voting •embers: The voting members ("Voting
Member's") of the Council shall be the following:
-one representative of Community College, to be
designated by its governing board.
-one representative of
- - e member of the Board of supervisors of Contra
Costa County whose District includes the Center.
IR000703.83R
01/61/08
c .gam
-the member of the East Bay Regional Park District
Board of Directors whose Ward includes the Center.
-one member of the Ironhouse Sanitary District
Board of Directors.
.fin
C\
,•»m�i`^R `\v. iqi�� .xi. \\\\ .�+.. rr�\`C?xo"n;tMx'o9oaxi/,GC+roo...r.: .vmi
h r /•\\\\\ /fy h yrai \•\\\\\��a,\\\\.r.\\ .�< Y3r 2„i/� \n.✓.cza:nro9i.L�.
-Y�+'�\.co�•ee?oe'� g iii \\�` ��azad� \\\\\ \ �c,�`aa\e?.o.^z�n*�eoy,"r19.��„0..�:,:
Or1�sm tuber:o � a B
oard` p L?irGtQ3 :assf , Cc �t
X�/ .&y a \\", :w�:��\\\\..caov.,G:.�w�aco'wce4cF,.b»et..,btucast�d�&T:o'z3&sGxsa
\\\`xo`to aaa= veto»pxoyr
Each member fa.„< p may remove or replace its representative at
will.
b. Advisory Members: non-voting Advisor Members shall
include Mt. Diablo Audubon Societ '�°°"”"
ancisco Ba
c
e
v .. ::
6'� �...,.,... .,..:*.�Ya`�uo- a.:*:�a2da's.3�,.�"\•.•�::axac'..A��C<.. \ •:acvwv.�� rs�lr�.;.;ata\�aa��
organizations as bhe Council de ermines appropriate.
c. Powers: The ouncil has all the
owers necessary
to the
.x.n..... ...x ,crxh?..t..•,no-. "cam ,...,<m`nca. ..,,,c„.: ..xoog :pisr,•<..r: :.;_�,,, :::�:'vJt,,`:`•rroi2:,�...�,•�'�C,tY:?'••v:y
.. 1 \ • .. \ <=.\�NyAI,�,\.��,6..f'J� (Cf yr,a,\,.l%•A.'(Y•'�\LU\Y JO�t S \t 1\\\�.ti ” �V3)iriY'•SJ�\l`��,
other,ob��e�t���s.<,::�1� ,A,=t, kg��'� •t�e��.,,��.��th :s�a:�9r, um
d. Quorum; Vote: All decisions by the
Council shall be by a majority vote of the Council Voting Members
present at a meeting at which a quorum of vVoting members is
present except as otherwise required by this Agreement. A quorum
shall consist of a majority of the Voting Members.
o::o....;.r;,.<:,..,,.•^ox ..>,a �.n„;..:,wy:...,ne> •m <scr.-r.�aco`�, .mo ; :
,;x<`can:,rn: :,r <:m...
31E—I ��
and hale# in <aecorance �tththe � cabrle:`re u` rem'ent�s�3s>fi�e
. J� \.Jh.wT:: 2:`:" ?kyy .ian 4aw::. \x::aadtaeb
4
R.aph M Broris .At >h�ovnm�nt bode Sections � 95fl: s� a
�.:;:::Y.. ..,..,..: �......,..w,:.«✓::S:r�xc�•isa;.:.�`',�.Wu.�.:;ixc.�rca�:z�z�zx�s.,<a�;�,,.a...�.;.�..,..x.,,.��..�.":,cu..c.,;<.icsscr,�va:tr��:�o`..,,,....�,
e . Fundraising: In addition to the power to raise
funds, the -e--dinat ng ^ouncil shall 'be charged with the duty to
1R000703.a3R
01/61/08
5
use all due diligence to seek funds for the operation and
maintenance of the Center, and to that end shall seek donations and
grants and other forms of assistance in the public and private
sectors. All funds received shall be deposited with the Alameda-
Contra Costa County' Parks Foundation.
7. Ironhouse Site Access. Ironhouse District shall provide
reasonable access to Participants, their representatives or
contractors involved in the �o
lanj
8. Environmental Documentation. Ironhouse #s . prov.id . #,W
t#e environmental documentation for the Premises an Site o�the
Center, ; as such Premises and Site were proposed in November of
1993, by including the Center in the EIR (nn:' ;n prepay t en) for
the Ironhouse District's new wastewater treatment plant. If
additional CEQA compliance is required, it will be determined and
directed by the Council.
9. Lease. The preferred site is on Ironhouse District
landsT Section 4a , and Ironhouse intends to lease such site to
the Cener on terms to be determined by Ironhouse and the
Geera;nat ngCouncil.
10.
NO
� a $
5 � 77 \
ide
�..
cvrre�cT—�i�£—ra-i3ti`l'e�`and--�'i`-Ait3'6�e' 93�—t�3'e—d�e--�3i-e'rcR—yrs
Seetien 2 . The tem ef this Agreement shall ..---after
until;—a--public^entity—ice--famed—pursuant to , a je•
agreement er the Geuneil deter-mine-s-,by 60 Or more vote te
diesel-ve the Center.
11. Chances in Membership. ? cAm q .
xogeox?�cc>" �° N *aria:-:v�: •�arxx.^< �f>, v .`c?�^^` . '�•C4JA.4•. ' e°FE<q � :. ' �.
er:0;.Q F:; e
`�Z•.. .<3•}<?"?-?t.'C:w``tii.,`-.•'tC,S�S`•'\dot� 7Y'° �SS4n:,,.•t.yC,,O <.tt S• a:..Y�.�kcJ-;S.'� c -o� -Y`: .
��`\ Ci�ab...'y" `,`� <. h°�tJ'•Z
at � zns>~:ands #tsc Members `s =:
.1-baRX-1
�Ay�� Stf. ,......
:.C>.... I\, r"Oa!!�.�^.. 0. �rC\4�f4•t+: '/..?l-,v,!ifvi Vii:�V
" L# ous, S
1Q�::%'k3�J '<'`k:�cZ°%(''+`.,'ic; � .,�w�,�°,�Ii��i�<�•-•syr.. .•<�.q.�,�yo-. .. � `
nen-vet
• '
ng member ef the Geuneil may withdraw --em— the -Center an
GeuZ i eil up en•previ written ne eG-T within i i V V-'GC--s Qi7F7r"G i GT1.
of the—initial --Study or the -Master -P-�a�—�e—a��.,
IR000703.0t
01/61/08
6
Withdrawal of -g—eies shall met haye the eftfeet_e#
sn__ts,p r-eu ,.,( � with tis,„_ een t o f two -th t,..a f ts.
agenei 9-i41a7- vzia�zzc-� vu..vi irsczs-crTc- ..a ...�. �a� v�-cTry
12. Egnatures. Each official signing below
Partie -certifies b his or her signature that
E,3(el
'`a` 'ty�y' 'n.^`�a'.' M'.M^'C'. ^R>.�.\4 v�C \ ��hOMIT `E: MI4 I ,,z' • E5so ;a' \\ rccs �\\���co-,:ati. �a�t�d:✓�«v\�'or she rias been duly authorized r6 execute t s greemen on
behalf of his or her Participant.
rmnryl J Jyi cwgXiv J C U L� ��ed'
/ o G P
the 03
on,'x.
�ly�o/�•}��
�I:A 0...:
'
-4i13R �JiG�4it�.1.Y-moi y M 4r -MM7r �r;�. .K�t�� '4!t�ggi7w
'hilar; it is po#�te t .t ii-t,� I �' eNNE
4
//: v J < Z4. ♦ ab v,Cp`,�pS,2ev<v � lt\\.(Y «}AFY .op, \442'4\ �. °HY.\ `
r�„h(J : a M a
nf'\ •\442 v\� h`c.4t'c < >Yn \ 2. MI.
4� .. 9 1 4 :M�, E 4
ds�''s.��:�� ?�� \���
.u.>,osaa.:tcw..eescc:xeeussuac�x i;.,'�er�'X�:.$�&fr;¢uwYw.�v
Effective Date? r,_ I. e —N���.:.: x>s ;<:>:�:>�:\`�1,� , 199 4.
a; i
Geunty SIGNATURE DATES!
CeRununity
Gemmunity Gellege D str et
BY! Date:
California State-uniierei ra
ir6#reb9 a Sanitary E str __
IR000703.839
01/61/08
7
c .goil-
-
A ., .� \
..........
fo::a:f:•:<:•....<:f..........J/A......
nnVgV:hiik...... \\\v V///////l/:i.\\ .:.•.. .-- vV:• / 1T'N.%l/ /
Y•/H�HM„Y r•CC\„Y�Q.\ yY1Mx”" � \Y\+W'YJ/Y /
„r�»•.1t3�°\f8.�\':`.\`N.C',•:'i`tn°:tY<'?.\\1:: .. 1'�\`t'S^Y'••/1����/ �'C����`C�hF;2:�3?3.'•;2tYM3Y5!li��� '
.
.WSiJ.
ADVISORY MEMBER
Mt. Diable Auduben Seei-ety
Bye Patet
INA '0
.:<•:''/.:v:•i�:JT:•:<•::<tioil:•i},y:T:f.TTTn�<•TT:J>Tyb:<•.\\•vin.......<^\V......
Elim BBATnrm6
n -he--$elf.d—£nvir-emnent Seienee-Center:
Faeility Designed te Prepare Students
for--the--Future date 199;3 - R i ,
TcrT
IR000703.83R
01/61/O8
8
(Attachment 2)
AMENDED MEMORANDUM OF UNDERSTANDING
FOR THE
DELTA ENVIRONMENT SCIENCE CENTER
This is the Amended Memorandum of Understanding (this
"Agreement") between the following, each of whom is a
"Participant": Contra Costa County ("County") , the East Bay
Regional Park District ("Park District") , the Contra Costa
Community College District ("Community College") , the Ironhouse
Sanitary District ("Ironhouse") , California State University,
Hayward ("CSU Hayward") ; Contra Costa Mosquito and Vector Control
District ("Mosquito District") ; East County schools ("East County
Schools") ; and the Contra Costa Water District ("CCWD") .
The Participants desire to develop and operate a Delta
Environment Science Center (the "Center") . As presently
contemplated the Center would be constructed near Oakley,
California on lands provided by Ironhouse, with the physical
structure principally maintained by the Park District. Community
College through its Los Medanos College Campus and CSU Hayward
would conduct environmental studies and allied science programs
at the Center, and East County Schools and other schools serving
grades kindergarten through twelve would use the Center as a
resource for the education of their students. The present
concept of the Center is further developed in the Initial Study
dated November 1995 (and completed pursuant to Section 4 of the
MOU) , as modified by decisions of the Coordinating Council
("Council") at its meetings on December 13, 1995 and thereafter.
In consideration of the foregoing and the promises, terms and
conditions of this Agreement, the Participants agree as follows.
1. Delta Environment Science Center. The Participants
have joined together to develop the Center.
2. Effective Date. The Memorandum of Understanding took
effect on March 16, 1994. It was subsequently amended, becoming
this Agreement, with such amendments and this Agreement taking
effect on , 1996.
3. Funds. Under separate letter of agreement, the
Alameda-Contra Costa County Parks Foundation, a tax exempt
entity, shall receive, account for, and disperse donations,
grants and other receipts for the purposes of the Delta
Environment Science Center, all as directed by the Council. The
Council may cause the Alameda-Contra Costa County Parks
(Attachment 2)
IR000M.83C
01/61/08
Foundation to be paid a fee for its services in such amount and
on such terms as the Council may approve.
4 . Purpose. The purpose of the joining of the
Participants is to develop the Center, including further planning
of the Center's programs and physical facilities, fund-raising,
interim educationalprograms, and determination and establishment
of a long-term form of organization for the Center, to all or any
portion of which long-term organization the Council may transfer
its functions and assets.
a. Initial Study. The Participants desire to further
define the design and determine the cost of developing the
Center. A preferred site for the Center has been designated on
Ironhouse lands, and Ironhouse intends to lease such location to
the Center on the terms which it has proposed. One purpose of
the Initial Study is to examine the potential of this site and
its development constraints. Upon completion of the Initial
Study, the Council shall re-examine the designated site for the
Center, and either confirm or change the site as the Council
deems appropriate, but subject to agreement of Ironhouse as to
any location on Ironhouse lands other than that presently
designated. The site so designated by the Council shall be the
"Site. "
b. (Park District administered the Initial Study,
which has been completed. )
C. The Participants through the Council plan to
consider additional participants iri the Center and, where
appropriate, initiate discussions with a view towards membership.
5. Continued Planning. The Council shall continue to:
develop the Center, including planning, considering (and where
appropriate inviting) additional participants and Advisory
Members, sponsoring educational programs,:::seeking funds for the
Center, and carrying out the other purposes stated in Section 4.
6. Council. For the purposes stated in this Agreement,
the Participants shall select representatives, who shall form the
Coordinating Council ("Council") of the Delta Environment Science
Center.
a. Voting Members: The voting members ("Voting
Members") of the Council shall be the following:
-one representative of Community College, to be
designated by its governing board.
-one representative of CSU Hayward.
(Attachment 2)
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-the member of the Board of Supervisors of Contra
Costa County whose District includes the Center.
-the member of the East Bay Regional Park District
Board of Directors whose Ward includes the Center.
-one member of the Ironhouse Sanitary District
Board of Directors.
- one representative of East County Schools (and,
if desired, one or more alternates) , to be
designated by the following schools serving one or
more of grades K-12, in such manner as they shall
determine: Liberty-Union High School District; all
public schools serving any area within the borders
of such Liberty-Union High School District; the
Antioch Unified School District; the Pittsburg
Unified School District; . and the schools in the
Mt. Diablo Unified School District which serve Bay
Point.
- one member of the Board of Directors of Mosquito
District, to be designated by such Board.
- one member of the Board of Directors of CCWD, to
be designated by such Board.
Each Participant may remove or replace its representative at
will.
b. Advisory Members: non-voting Advisory Members shall
include Mt. Diablo Audubon Society, the Delta Group of the San
Francisco Bay Chapter of the Sierra Club, and such other
organizations as the Council determines appropriate.
c. Powers: The: Zouneil has all the powers necessary
to accomplish the concept stated in the recitals, the matters set
forth in Sections 4 and 5, and the other objectives and tasks
stated in this Agreement.
d. Quorum; Vote: All decisions by the Council shall be
by a majority vote of the Council Voting Members present at a
meeting at which a quorum of Voting Members is present except as
otherwise required by this Agreement. A quorum shall consist of a
majority of the Voting Members.
e. Notice: Meetings of the Council shall be noticed
and held in accordance with the applicable requirements of the
Ralph M. Brown Act, Government Code Sections 54950 et seq.
(Attachment 2)
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3
f. Fundraising: In addition to the power to raise
funds, the Council shall be charged with the duty to use all due
diligence to seek funds for the operation and maintenance -of the
Center, and to that end shall seek donations and grants and other
forms of assistance in the public and private sectors. All funds
received shall be deposited with the Alameda-Contra Costa County
Parks Foundation.
7. Ironhouse Site Access. Ironhouse District shall provide
reasonable access to Participants, their representatives or
contractors involved in the planning and development of the Center.
8. Environmental Documentation. Ironhouse has provided
environmental documentation for the Premises and Site of the
Center, as such Premises and Site were proposed in November of
1993, by including the Center in the EIR for the Ironhouse
District's new wastewater treatment plant. If additional CEQA
compliance is required, it will be determined and directed by the
Council.
9. Lease. The preferred site is on Ironhouse District lands
(Section 4a) , and Ironhouse intends to lease such site to the
Center on terms to be determined by Ironhouse and the Council.
10. Term. The term of this Agreement shall continue until
the first to occur of the following: (a) the Council establishes a.
long-term form of organization for the Center and transfers the
Center's assets and functions to such portion(s) of such
organization as the Council shall determine; or (b) the Council
determines by vote of 2/3 or more of' the Voting Members present at
a meeting at which a quorum is present to terminate the MOU.
11. Changes in Membership. Any Participant or Advisory
Member of the Council may withdraw from the Center and Council upon
providing written notice to all Participants. Withdrawal of
Participants and Advisory Members shall not have the effect of
terminating this Agreement so long as at least Park District,
Ironhouse and Community College remain Participants. Additional
public agencies may join the Council with the consent of two-thirds
of all the Voting Members of the Council.
12. Signatures. Each official signing below certifies by his
or her signature that the Participant for whom he or she is signing
has approved this Agreement and that he or she has been duly
authorized to execute this Agreement on behalf of his or her
Participant.
13. Interim Executive Director. The Council may create and
fill the position of Executive Director, who shall report to, take
direction from, and be selected by the Council. The compensation,
duties, terms of engagement, contract (if any) and other aspects' of
(Attachment 2)
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the Executive Director shall be as determined by the Council.
While it is contemplated that initially the Executive Director
position will be filled on an interim basis for 18-24 months, the
• Council may elect to extend this period or to convert the interim
position to a regular one.
Effective Date of above: , 1996.
Date Became Participant (if after Effective Date) :
Contra Costa Mosquito and
Vector Control District: , 1996.
East County Schools: , 1996.
Contra Costa Water District: , 1996.
ADVISORY MEMBER
Delta Group, San Francisco
Bay Chapter, Sierra Club: , 1996.
(Attachment 2)
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