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HomeMy WebLinkAboutMINUTES - 03081994 - S.6 TO: BOARD OF SUPERVISORS Contra FROM: •'A � + SUPERVISOR TOM TORLAKSON Costa County DATE: March 8, 1994 SUBJECT: AUTHORIZE PARTICIPATION IN MEMORANDUM OF UNDERSTANDING FOR PROPOSED DELTA ENVIRONMENTAL SCIENCE CENTER, OAKLEY AREA SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize Supervisor Tom Torlakson, on behalf of Contra Costa County and as Chair of the DESC Task Force, to sign a Memorandum of Understanding for the Delta Environmental Science Center. BACKGROUND: Since March 1992 Supervisor Torlakson has represented Contra Costa County (and served as Chair) on a Task Force which was formed for the purpose of developing an environmental interpretive center in East Contra Costa County. Other participants on the Task Force include the Contra Costa Community College District, the East Bay Regional Park District, the Ironhouse Sanitary District and the Mount Diablo Audubon Society and numerous educators and administrators from throughout East Contra Costa County. In July 1993 the Board of Supervisors approved the concept of participating in a Joint Powers Agreement with the Community College District, the East Bay Regional Park District and the Ironhouse Sanitary District. The Task Force has received some funding and intends to commence with an Initial Design Study for the proposed facility (Attachment 2) . The Task Force has determined that although a JPA is not required at this point, execution of a Memorandum of Understanding (Attachment 1) should be achieved before the study begins. �o>-✓�- ��n.��-ate CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER §IGNATURE(Si: ACTION OF BOARD ON -.4 1 R IS- APPROVED AS RECOMMENDED ✓ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ASSE�F,*,.,. ?V 37- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED r ► Q��`A- Q°� PHIL BATCHELOR.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY AOM)NISTRATOR 0 Y O� M362 (10/88) BY � -n t ,DEPUTY MEMORANDUM OF UNDERSTANDING FOR THE DELTA ENVIRONMENTAL CENTER This is a Memorandum of Understanding between the following "Participants" : Contra Costa County ("County") , the East Bay Regional Park District ("Park District") , the Contra Costa County Community College District ("Community- College") , the Ironhouse Sanitary District ("Ironhouse") , and California State University, Hayward (Contra Costa County Campus) ("Cal State") . The Participants desire to develop and operate a Delta Environmental Center ("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 California State University Hayward (Contra Costa County Campus) would conduct environmental studies and allied science programs at the Center, and school districts (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 attached Exhibit A, entitled, "The Delta Environmental Center: A Facility Designed to Prepare Students for the Future" dated August 5, 1993 . In consideration of the foregoing and the promises, terms and conditions of this Agreement, the Participants agree as follows. 1. Creation of Delta Environmental Center Coordinating Council. County, Park District, Community College, Cal State and Ironhouse, join together to determine funding sources, key structural elements, develop a Master Plan, and initiate a fund raising program for the Center. 2 . Effective Date; Notice. The effective date ("Effective Date") of this Agreement shall be upon notice to all signers by the office of Ironhouse Legal Counsel that it has been notified by Park District, Ironhouse, Community College and County that the governing board or appropriate authority of each of them has approved their entry into this Agreement. Ironhouse Counsel's office shall cause such Effective Date to be inserted in the line provided immediately prior to the signature lines below. 3 . Funds. Under separate letter of agreement, the Alameda- Contra Costa County Parks Foundation, a tax exempt entity, shall receive, account for, and disperse donation and grants receipts for the purposes of the Delta Environmental Center for the purposes of the Delta Environmental Center as directed by the Coordinating council . 1 4 . Purpose. The purpose of the joining of the Participants herein is to develop and initiate planning studies, identify funding sources, develop a capital fund raising campaign and develop a Master Plan for the Center. a. Initial Study. The Participants desire to further define the design and determine the cost of developing the Center. An outline of the scope of an initial design study (the "Initial Study") accomplishing this objective is attached as Exhibit B. A preferred site for the Center has been designated on Ironhouse lands, and Ironhouse is prepared 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 Coordinating 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 shall administer the Initial Study. It shall issue an RFP, select an outside consultant, hire the consultant on such terms as Park District shall reasonably determine (subject to the requirements of this Agreement) , oversee the work of the consultant, review and comment on the consultant's draft report, and cause the final report to be issued. In so administering the Initial Study: i. Park District shall not let the contract for the Initial Study at a total cost in excess of the lesser of the Center's cash on hand or $ , nor collect any fee or other compensation for its administration services, without the prior approval of the Coordinating Council. ii. Park District shall cause a draft of the completed report to be furnished each Party for review and comment, providing a 30 or more day period for such purpose, before the final report is issued. iii. Prior to selecting an outside consultant, Park District shall consult with the Coordinating Council concerning the recommended consultant(s) , but the final decision on selection shall be made by the Park District. C. While the Initial Study is being conducted, the Participants through the Coordinating Council plan to consider additional participants in the Center and, where appropriate, initiate discussions with a view towards membership. 5. Master Plan. Based on the Initial Study, and subject to the availability of funding, the Coordinating Council shall cause a Master Plan for the Center to be prepared.' 2 a. The Master Plan, at a minimum, shall include the following: i. A design for development of the Site within the Center's Premises. Among other things, such design shall include the number and size of the laboratory/classrooms and other facilities and shall state how the premises will comply with school safety laws to the extent such compliance is required by law. ii. A capital funds budget. iii. An operating plan, specifying who will operate the Center, who will use the Center, and what the uses will be. iv. An operating budget. V. A fundraising plan. vi. Deadlines by which certain amounts of the funding must be paid or legally committed, failing which each Participant or other Party may elect to withdraw from the Center. vii. The services which Participants and other Parties will provide the Center, which may include (but need not be limited to) accounting services, legal services and park and environmental services. viii. An outline of the contents of any amendment to this Agreement or proposed joint powers agreement or other legal mechanism to implement the Master Plan and operate the Center. ix. Provisions for disposition of the Center's property upon the Center's dissolution. X. Designation of parties necessary for the Center to proceed. b. Such Master Plan shall be submitted for approval in concept to the Coordinating Council, and shall require conceptual approval by all Participants designated as necessary to proceed in the Master Plan before it shall be deemed adopted or may be implemented by the Center. Failure of any Participant to disapprove the Master Plan within 60 days following its submission shall be deemed approval. C. Following such unanimous conceptual approval, the Council shall, 'subject to the availability of funding, cause any required environmental documentation to be prepared, and shall to the extent required by law process the proposed development with County and other governmental authorities with jurisdiction. 3 6. Coordinating Council: For the purposes stated herein, the Participants shall select representatives, who shall form the Coordinating Council of the Delta Environmental Center. a. Voting members: The , voting members ("Voting Members") of the Coordinating Council shall be the following: -one representative of Community College, to be designated by its governing board. -one representative of Cal State. -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. Each member may remove or replace its representative at will. b. Advisory Members: non-voting Advisory Members shall include Mt. Diablo Audubon Society and other such organizations as the Council determines appropriate. C. Powers: The Coordinating Council has all the powers necessary to accomplish the tasks stated herein. d. Quorum; Vote: All decisions by the Coordinating 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. Fundraising. In addition to the power to raise funds, the Coordinating 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 Initial Study or Master Plan completion. 8. Environmental Documentation. Ironhouse is providing the environmental documentation for the Premises and Site of the Center, as such Premises and Site were proposed in November of 4 1993 , by including the Center in the EIR (now in preparation) 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 Coordinating Council. 10. Term. This Agreement shall become effective upon approval by County, Community College, Park District and Ironhouse on the date provided in Section 2 . The term of this Agreement shall continue thereafter until a public entity is formed pursuant to a joint powers agreement or the Council determines by a 60% or more vote to dissolve the Center. 11. Changes in Membership. Upon completion of the Initial study or Master Plan, any Participant or other voting or non-voting member of the Council may withdraw from the Center and Council upon providing written notice within 60 days after approval of the Initial Study or the Master Plan to all Participants. Withdrawal of member agencies shall not have the effect of terminating this Agreement so long as at least Community College, Ironhouse, and Park District remain Participants. Additional public agencies may join the Council with the consent of two-thirds of the voting members of the Council. 12 . Signatures. Each official signing below certifies by his or her signature that he or she has been duly authorized to execute this Agreement on behalf of his or her Participant. Effective Date: , 1994 . COUNTY SIGNATURE DATES: Contra Costa County By: Date: COMMUNITY COLLEGE Contra Costa County Community College District By: Date: California State University. Hayward By: Date: 5 East Bay Regional Park District By: Date: Ironhouse Sanitary District By: Date: LIST OF EXHIBITS Letter Title lst Refer. A The Delta Environmental Center: A Facility Designed to Prepare Students for the Future dated August 5, 1993 Recital B Scope of Initial Study Sec.4 (a) 6