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Home My Public Portal About20050413 - Agenda Packet - Board of Directors (BOD) - 05-09 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-09 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, April 13, 2005 330 Distel Circle,Los Altos, California AGENDA * in tart Time Special Meeting S Please Note: 6:30 p.m. Closed Session Sp g 7:30 p.m. Regular Meeting Start Time I 6:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will adjourn r Meeting, and at the conclusion of the Regular Meeting, the Special Meeting Closed Session to the Regular M g, g g the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Name of Case—Citizens for Responsible Open Space v. San Mateo County LAFCo, Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV442954 2. Conference with Legal Counsel—Existing Litigation, California Government Cade § 54956.9(a) g I Name of Case: Saratoga Country Club v Midpeninsula Regional Open Space District, Santa Clara Superior Court Case No. 1-04-CV-026822 3. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Naive of Case: Fogarty v Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV441934 4. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Name of Case: Midpeninsula Regional Open Space District v. Portola Investment Company, San Mateo County Superior Court Case No. CIV442786 5. Conference with Legal Counsel—Anticipated Litigation; Initiation of Litigation under California Government Code § 54956.9(c): one case 6. Conference with Real PropertNegotiator—California Government Code § 54956.8 Real Properly—Santa Clara County APN 544-14-011 Agency Negotiator—Mike Williams,Real Property Manager Negotiating Party—Walter Moore,Vice President, POST Under Negotiation—Price and terms of payment 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—L. Hassett ADOPTION OF CONSENT CALENDAR—L. Hassett 1 Meeting 05-09 Page 2 *** ADOPTION OF MINUTES—February 9, 2005 *** APPROVAL OF WRITTEN COMMUNICATION BOARD BUSINESS 7:40* 1 Authorization for General Manager to Execute Contract with LFR Levine-Fricke of Emeryville, California to Provide Design Services in an Amount Not to Exceed $57,500 to Prepare Plans and Specifications for the Proposed Parking and Staging Area at El Corte de Madera Creek Open Space Preserve—A. Ruiz 7:50* 2 Authorization for General Manager to Amend the Agreement with EDAW,Inc. of San Francisco, California to Provide Additional Master Planning Services for the Sierra Azu) and Bear Creek Redwoods Open Space Preserves for an additional $38,000 for a total contract amount of$208,000 —A. Ruiz 8:00* 3 Adopt Resolution Approving the Execution of the General and Special Release and Settlement Agreement in the Matter of Midpeninsula Regional Open Space District v. Landi(Encroachment at Bear Creek Redwoods Open Space Preserve); Determine Recommended Action is Not a Project Under CEQA—T. Fischer 8:10* 4 Adopt Resolution Approving Board President, or Other Appropriate Officer,to Execute of the Communications Site Lease and Settlement Agreement at Pulgas Ridge Open Space Preserve with New Cingular Wireless PCS, LLC; Determine Recommended Actions are Categorically Exempt from CEQA—M. Williams REVISED CLAIMS 8:15* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff; opportunity to refer public or Board questions to Staff for factual information; request Staff to report back to the Board on a matter at a future meeting; or direct Staff to place a matter on a future agenda. CLOSED SESSION CONTINUED(IF NECESSARY) 8:30* ADJOURNMENT * TIMES ARE ESTIMATED AND ITEMS MAY APPEAR EARLIER OR LATER THAN LISTED.AGENDA IS SUBJECT TO CHANGE OF ORDER. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. STATE CAPITOL: tu7 tu7� � VICE-CHAIR,COMMITTEE ON LOCAL GOVERNMENT P.O.BOX 942849 CHAIR,SELECT COMMITTEE ON MOBILE HOMES SACRAMENTO,CA 94249-0022 P(` CHAIR,SELECT COMMITTEE ON HUMAN TRAFFICKING (916)319-2022 � fformi rgisla f urr CO-CHAIR,JOINT COMMITTEE TO DEVELOP A FAX(916)319-2122 DISTRICT OFFICE: MASTER PLAN TO END POVERTY IN CALIFORNIA 274 CASTRO STREET,SUITE 202 J 6`ATa COMMITTEE ON HEALTH MOUNTAIN VIEW,CA 94041 COMMITTEE ON HUMAN SERVICES 408 277-2003 COMMITTEE ON JUDICIARY FAX(408)277-2084 d COMMITTEE ON NATURAL RESOURCES E-MAIL: SALLY J. LIEBER COMMITTEE ON BUDGET assemblywoman.lieber@assembly.ca.gov BUDGET SUBCOMMITTEE#3-RESOURCES WEBSITE: ASSEMBLYWOMAN,TWENTY-SECOND DISTRICT www.assembly.ca.gov/lieber ASSISTANT SPEAKER PRO TEMPORE March 18, 2005 Larry Hassett, Chairman Midpeninsula Regional OSD MAk 2 2 DES 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Hassett, I am writing to ask for your support for AB 1590, a bill I have introduced in the Legislature this year on behalf of the Santa Clara Valley Water District that will help maintain flood control, clean water and watershed protection efforts in Santa Clara County. This past year the Governor negotiated a deal with local governments to shift $1.3 billion to the State General Fund over each of the next two years in order to help close the state budget gap. Special districts were to contribute $350 million of that amount. The agreement with special districts was premised on the notion that enterprise districts, which have rate making authority, would pay more than non-enterprise districts, which are typically funded through property taxes and special assessments. Unfortunately due to a lack of clarity in the enabling legislation, the language in the agreement that distinguished special districts that perform both enterprise and non-enterprise functions from other special districts has been interpreted to apply only to the initial round of reductions - despite the L oarb.clature's intent to treat these agencies differently. The result is that the Santa Clara Valley Water District is being taxed by the shift as if it is only a water utility and not a combined water and flood agency. This shift of$51 million (over two years) is three and half times as much as it would be if the District was two different entities, one water utility and one flood protection agency. Although only a few dual purpose special districts were affected by the Controller's interpretation of the law, the impact is quite devastating because these districts cannot raise rates to cover the lost revenues—these funds will have to come out of voter-approved flood control funds. AB 1590 will restore Legislative intent by requiring that the enterprise function side of dual purpose Printed on Recycled Paper special districts be treated like all enterprise agencies and the non-enterprise function of these districts be treated like all other non-enterprise agencies. It is my hope that your organization and other environmental groups will join the Santa Clara County legislative delegation, the Santa Clara Valley Water District and the Santa Clara County Cities Association in adding voices of support to this important legislation which requires a two-thirds vote of the Legislature to pass. if I or my staff can provide you with more information about AB 1590, please contact my chief of staff, Cory Jasperson, at (916) 319-2022 or Harry Adams at (408) 277-2003. -X Thank you for considering this request for support. Sincerely, SALLY J. LI E Assemblyw a , 22nd District SJL: ctJ DR_ RESPONSE PREPARED BY STAFF FG OARD CONSIDERATION April 9, 2005 The Honorable Sally Lieber P.O. Box 942894 Sacramento, CA 94249 Re: Support for AB 1590 Dear Assemblywoman Lieber: Thank you for your March 18, 2005, letter requesting the Midpeninsula Regional Open Space District's support of AB 1590, the bill you introduced in the Legislature this year on behalf of the Santa Clara Valley Water District. The Board of Directors understands that an inequity apparently occurred during the property tax shift of FY 2004-05 whereby dual-function agencies were treated as single-function (enterprise) agencies. The interpretation of the statutory formula by the State Controller's office captured revenues from non-enterprise functions at the higher enterprise rate instead of the lower non- enterprise rate. Non-enterprise functions do not have rate-making authority to enable them to re- capture those revenues. AB 1590 would provide that for FY 2005-06, agencies that have combined functions will not pay more to ERAF III than they would if they operated as separate enterprise and non-enterprise agencies. The Board of Directors supports your legislation to help the Santa Clara Valley Water District, however, we are concerned about the potential of special districts losing more funding in addition to the total amount of reduction that is already impacting local governments. Midpeninsula Regional Open Space District's Board, therefore, supports AB 1590 conditioned on the understanding that the General Fund would cover any shortfall in funds and that AB 1590 will not increase the amount of the reduction for any special district for the 2005-06 fiscal year from the total amount of the reduction determined for that special district for the 2004-05 fiscal year. As you know, the Midpeninsula Regional Open Space District has already lost 10 percent of our income and the Board of Directors does not want the already-lowered revenue to be reduced even further. Sincerely, Larry Hassett, President Board of Directors cc: MROSD Board of Directors / Regional Open Space � W1|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT R-054l Meeting05-Oq April |3` 20O5 AGENDA ITEM � ��"��^`~�^� � �~~^'� � AGENDAITEM Authorization to Execute a Contract with LFR Levine-FOck�to Provide Design Services in an Amount Not to Exceed $57,500 for the Proposed Staging Area a E Corte de M Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a contract with LFR Levine-Fricke of Emeryville in an amount � not�ocxu�cd $57,50Utupnopurep|unsandupcoifiou1ionuforupurkingundmtagin8ureoutE| Cortede � � Madera Creek Open Space Preserve. BACKGROUND � On March 24, 1999,the Board of Directors adopted a Use and Management Plan Amendment for the � Study Area 2 Trail Use Plan for E| Corte de Madera Creek Open Space Preserve (see Reports B-49-34 � and |l-99-45)� This Trail Use Plan included various new trail alignments and proposed unonsitc parking � O[�kn� Boulevard|i B | n] located eou1hofth�(]ondou ��i|| �rui|houd between (}�omC��0] � undato�in�ur��u � cvu , � and CM04 (refer to Eshihit/\) &t that dnnr, stuf[v/orkod with u (onduoupo architect to design u � conceptual parking plan for 5' to 75 vehicles to initiate preliminary project study discussions(refer to � � SshibitB). � � Dn January 2l 2O04,the Board of Directors approved tile E|Corte do Madera Creek Open Space Preserve Watershed Protection Program and Mitigated Negative Declaration (see Report R,04'10). The � Watershed Protection Program identifies the feasibility studies and design of the parking and staging area � � uaukey project that will include preserve signboards and interpretive mi8nugeto help disseminate � � information -`about tile Watershed Protection Program. At this same meeting,the Board also approved o � � request 10 seek funding from the Bay Area Ridge Trail Council for the staging area project. � � On March 10, 2004,the Board of Directors approved an application for the Bay Area Ridge Trail Council/Coastal Conservancy Proposition 4UGrant for the planning and design ofthe formal staging area � and a new 1.25 mile segment of the multiple-use Bay Area Ridge Trail to connect to El Corte de Madera � Creek Open Space Preserve. The new trail ia one of several previously approved trail alignments � identified in the Trail Use Plan for the Preserve(see Reports K'04-37, R-99-34, and RL-99-45). The matching grant of$3 1,000 was awarded in August 2004, and will fund comprehensive planning of both � the staging area and Bay Area Ridge Trail connection. DISCUSSION � Currently, dborc is no formal parking at E| Corte dc��udena Creek()pen 8pmuc Preserve. Visitors utilize theCu|T^~ns parking lot u1Skeggm Point and frequently use pullouts along Skyline Boulevard. It is not uncommon for these park ing areas tohe full ooweekends. Located oil ularge flat near the Gordon Mill � h b �k Point Tnui|heuJ u well dey��ncd `urkiugb�i|ityvvouidrelieve oon�cof the pressure ont cncuro� u�g�a Co\Trune'nrkio�orn� vvo'Npvovidcuc�ntru| u,cutodioo�minu1ciufbnna1ionabout the Prenrrve, and � r -` - � � � R-05-41 Page 2 would provide welcome restroom facilities. Moreover,equestrians would greatly benefit from dedicated horse trailer parking stalls. The existing Bay Area Ridge Trail parallels Skyline Boulevard just to the north of the Preserve through the Bear Gulch Watershed. The trail terminates near the northeastern corner of the Preserve near gate CM04. The new trail would tie in from the proposed staging area and extend the Bay Area Ridge Trail through El Corte de Madera Creek along the Preserve's eastern ridge, and would help close the gap between the Bear Gulch Watershed and La Honda Creek Open Space Preserve. The new trail would increase access opportunities for hikers and less-skilled bicyclists and provide a more efficient use of the existing trail network. In February2005 staff requested qualifications and proposals from various landscape architecture and q q p P p engineering firms for the El Corte de Madera Creek Staging Area Project. Staff specifically looked for firms having relevant experience with the design and construction of low-intensity staging areas and the preparation and acquisition of San Mateo County building permits and CalTrans encroachment permits. Of the five proposals submitted, staff determined that the firm of LFR was best suited to provide the necessary design, engineering, and permitting services. In reviewing this firm's work, staff was impressed with its comprehensive and systematic design approach and expertise. LFR has recent experience working on the Pulgas Ridge Open Space Preserve Staging Area for the District. The firm has also worked for several local and federal entities including the Golden Gate Audubon Society,East Bay Regional Park District, Army Corps of Engineers,and the Regional Water Quality Control Board. Staff recommends retaining LFR for an amount not to exceed$57,500,which includes a 15% contingency. The firm will address parking capacity, traffic patterns, signage, and visitor safety; prepare the site design and layout of the staging area; assist staff during the public review process; and obtain the necessary County and CalTrans permits. The consultant will be responsible for the staging area component of the project and District staff will survey, flag, and prepare the design plans for the new Ridge Trail alignment. Funding Planning's budget for fiscal year 2005-2006 includes $80,850 for all anticipated costs, including consultant services, to prepare construction plans, specifications,and complete permit applications for the El Corte de Madera Creek Staging Area Project. CEQA COMPLIANCE Staff concludes that entering into this consultant agreement for design and engineering services does not constitute a project under the California Environmental Quality Act(CEQA). Any future action taken by the Board to implement the consultant's work, such as approving construction of the staging and parking area, will be subject to CEQA review at that time. Prepared by: Ana Ruiz, Open Space Planner II Contact Person: Same as above El Corte de Madera Creek Proposed Staging Area and Connecting Trail , p r� a M Rya .,9 ............. i S Proposed _ -- o� �� Staging Area i�i i — M04 o i G b • ' Wunderl ch , O Py..-....F O I v Steam Do .CD bu ..{e � P d E1 Corte de Madera Creek s r : Open Space Preserve.. Prop s o �, `;�,;� ,ram•. C�Q, �„ ,.,' �.�- i e' ti N Ile ti GFt , o El Corte Qr - Spr, adora f �r <_ s de MS Preserve i Cry05 _ Project Area Map EXHIBIT A e o zoo aoo 800 ,zoo Feet NOTE:This plan illustrates a concept for a potential staging area.It Is not intended to represent a committment or approved plan to implement this particular design or a facility at this location,but as a tool for grant purposes, and for ongoing study and discussion as the District continues the planning '• u fisws process. �,yq} �i�,gr. ti'�c��,�'�i w "�'� �}+`� x•�aa„6,��f t, �..�..,a - .°4�i r s �• �D'•�tr � 8 i"`�&'rr, 'wa- '7"..'''.?1,, ',urs+ �'Yr';' ..�„ �" >En _ QJ ems*•; ,3 j,f cat ..r�` N, t { � y�yy d '�i5w R a}i a R.r• 4 - 4 t r yG Y tr' T .wb rdLLtiyyrF rJ�4W �•' �„ t..r .��'Y °, � Y :� ,. _v .¢ Y• �� OR Remove� rkt '�, '� ; ,"y r Remove Invasive Exotic rr w� f Ri t" . rs1+ k �a �< y ezryS rx�! � r , ,± ��; �.4 Sign , ' Plants From Existing i.r S,f{`, r " ;tom ( - : f r y:r x,iKa aE�i t€a� �7; vil, •t%r —// � � % "n Nearly Level Clearing 1 ..!-' r` it 2 HC "f __ . Aljj � 'W4 "•I.b, "fy S ' / r' • ,�y.�.dy'1•'=`� ^k•j. �K ' Ir ,w1r� r New trail 71-car Gravel " ,,..1'T,yY rti li i� � ! �` S��Ig��ded �•�:� �1 �r�s�rd-.� 7',°:� rr Wheel Parking Lot fl rur.• �w ,w?��}`��A� 't` 3S}j+4 � k"�.'�,�k-VF f t4s, Kam `�}Y e <ir `r1��'� ` stops 1cal�iix `' . f� New 1 (2) !. treest ^. �.,t: Horse Gravel Drives w Y New F nc~n9 � ;-�- � y z ��+ ��- �� _ way �� 4� � ��,si. ��.�:•� �;� - , trail loge • f t-d� ( .zv .ram y Y'S� r> :..r'�' r, .y +b'vLt' i +;, rt us 'sse'.. .�',vN,•+T.;' � a.�d�. 3'ind,vk "..,. x - ' ' ..•;r �• a .. c � .. .. 13 u -�.0 �`,_�,a'�-�'�3: �� :...f •�, a- �,..^��..xs,�;,, r, �.!7. -•,l at +� fi3�3.}�,�,.��g' ��,. �, � ,.,.� s µ �t,�, tt�Fa. .� ,�, '° ��'. - ,.+,. ^Js6.. a...�'i' e -a f•c.., i - r~ i'S 'wa ,'�tyeteSM"• i`x+ ,... �xy _ y�; � '�s�'�. .far^}"' ti� •'U�riTt�:..r:{�{ k 1r',�st;wtat.r�,`o.� 1 A �.. ��,,srL' .•JiE a� yr�?, .,;Yr., '�,c 5,- F yy '.fl'Wi« -sr.. e.ty +�, 'd., a 5 .nt s �`•''"..u�� -.t>i�.f.! r.P� .. •_-.-_... �a s � t'4Y .�S.�dfi'`'' �'. �'= �%"JQ'r3`r .,rr�' t . .._ ,.� �• .. m,;_., ;_ , y ,.� r�: � � rye, � � ti+5';�7, r� ��..a �. kn•' � is .r:. ;?.7; _ , �,,., 31 t..:: }i;•S. ;. ,..n.. -..' :{�a1', '.f-, �, ."t..�YG. K tt.v. I. �.I'`�t. i3"'�•3rr �.ryE.:a� r! �;...N-. _... .1 ?iT) 4 .r _ a, H' .. f- 'h§�• �,,, '.M�. � i k�N.+.'",- .� +`�—.•f i\... � `-cr^¢'ry ��' t F ,: .t.*�,. �(('3,�,4_� ..•ir�N. >:.:. ,•,. .i� ,�i�,yx y. �� f,:. "w � a $� + ?r��i,.\x. .Y, 1 v t i �� ..L�,.N'��i,� � ,..di�.. ter..� ' e i _�c �lr�.. ¢ '�tl•L�• ,r L c.wy4Pi'3Tt" # Je � tr .�: �': : Gate '�`�'".°3, d5,,lra' Sg. c� r u,., -,.. .. y;•... ._x1 .. •_*'�� ..�, I ��'r'�M1.;�i.:.�"r� Y;. •`y* r�}� r..-£, 'ylt tii�'3'v'�aX',r3' }� d,1r�.,� '�.•- -.# - FaK'1'tt±�� •��a5�t. Y, 3 �',� 'fy,i�, 'rr st.3.�,� .rf ". 'f a'?'4 � 4+{� .'.•- i �n _ 4:.•�t �a r y� t ,f*F�c+,,,. .. �:,� _�4 4, "� tS�, '� + �Cks -. r' �)'��4"��.�,'w�it "�i"A+�1r'h..mot �ik'r"� ,+s� y-� w 3 r 1 , State Hwy35 (Skyline Blvd.) Obtain Encroachment Permit Y line From CALTRANS For Driveway Entrance EXHIBIT B: STAGING AREA CONCEPT PLAN 0 20 40 60 120 Public Access Improvement Project N '"-60h. EllCorte de Madera Creek Open Space Preserve Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-42 Meeting 05-09 April 13, 2005 AGENDA ITEM 2 AGENDA ITEM Authorization to Amend the Agreement with EDAW, Inc., to rovide Additional Master Planning Services for the Sierra Azul and Bear Creek Redwoods Op Space Preserves GENERAL MANAGER'S RECOMMENDATI s Authorize the General Manager to amend the agreement with EDAW, Inc., of San Francisco for an additional $38,000 for a total contract amount of$208,000 for master planning services at Sierra Azul and Bear Creek Redwoods Open Space Preserves. DISCUSSION The Sierra Azul/Bear Creek Redwoods Open Space Preserves Master Plan will develop a comprehensive and long-term use and management plan for the District's two southernmost properties, establish the framework to protect the natural, cultural, and historic resources in these rural landscapes, provide opportunities for recreation access, interpretation, and education that compliment the protection of resources, and use a collaborative, community-based approach to engage stakeholders and the public in the planning process. On May 26, 2004, the Board of Directors authorized the General Manager to execute a contract wit h EDAW Inc. EDAW to provide master tannin services at Sierra Azul and Bear reek ("EDAW"), p planning C Redwoods Open Space Preserves for a sum not to exceed $170,000 (see Report R-04-52). EDAW initiated work on the Master Plan in October 2004 with the first phase of the project focusing on data collection and data review. Consistent with the outlined scope of work for the Master Plan, EDAW has prepared a revised scope of work and fee schedule for additional and optional tasks prior to initiating the plan development phase of the project. Additional tasks during the second stage of the Master Plan development will improve the exchange of information with the Ad Hoc Committee, expand the current resources inventory, and enhance the public outreach and public participation opportunities. These include co- facilitation of future Ad Hoc Committee meetings, revision of plan components and work products with the Ad Hoc Committee and District staff, additional stakeholder interviews, additional historic resources research and analysis, and facilitation of focus group meetings to discuss specific issues and topics of interest. R-05-42 Page 2 The cost of additional consultant services for the Master Plan total $38,000. Staff believes this amount to be reasonable given the workload required to complete the additional Master Plan tasks. Staff recommends that the Board authorize the General Manager to amend the consultant services agreement with EDAW in the amount of$38,000, thus increasing the contract amount to a not-to-exceed total of$208,000. Funding The Planning Department budget for fiscal year 2005-2006 includes $145,300 to complete the Master Plan. There are sufficient funds in this current fiscal year budget to cover the cost for the additional Master Planning services. CEQA COMPLIANCE Staff concludes that amending the consultant agreement for master planning services does not constitute a project under California Environmental Quality Act(CEQA). Therefore, the recommended action is exempt. Future action taken by the Board to implement the consultants' work, such as adopting the Master Plan, is subject to CEQA review at that time. Prepared by: Ana Ruiz, Open Space Planner II Contact Person: Same as above I Regional Open Space � /N|DPEN|NSUiA REGIONAL OPEN SPACE DISTRICT � R-05'3O Meeting 05-09 April |], 2005 � AGENDA ITEM �& � ��"��^�� ~ �� AGENDAITEM � und8�� & Approvalcx Communications u//u �wux� uuzu e/GENPreserve with New Cingular Wireless PCS, LLC, a Delaware �imited Liability Company � � ENDATIONS \ Determine that the ocmnmcndcd actions are cateporically exempt from the California Environmental Quality Act(C2(}A)uo set forth in this report. � � 2. Adopt the attached Resolution authorizing approval of the Communications Site Lease and U � � �� nn�nt��r��mono�utPui�ueBid��()p�n �pu�cProo�rv�wdbl��*Cin�u|o/VVino|�ma � 9CS, LLC, uOc|uvvure limited liability company. � � J. Authorize the President ofthe Board o[Directors,or other appropriate officer,to execute the � Communications Lease and Settlement Agreement with New Cingu|or VVi,c|osa 9C8, LLC, a � Delaware limited liability company.DISCUSSION � � � � | � At your Regular ineeting of February 10, 1999,you authorized a Communications Site Lease and | � Agreement with Cellular One at an existing PG&E transmission tower kxuged at the southwest corner of � the Pu\gus Ridge Open Space Preserve adjacent to the Cu|tmms Park and Ride Lot utEdQcwnod Road and � � Interstate 28O (see Report -99-029). At your Regular meeting w[April 24, 20O2 (see Report f -02-07), ' � � you approved an amendment with the former lessee, Cellular One(now New Cingu|or VVirc|eae 9CS, LLC � d/b/uAT&T Wireless), permitting one new cabinet within its sixty square-foot leased area. After approval ! � of the lease amendment, staff discovered that AT&T had trespassed hyinstalling equipment outside ofits | � )nuoed area. It was also determined that AT&T had not obtained u proper building permit and had allowed � � its use permit to expire with San Mateo County. � � Staff worked diligently with representatives from AT&T Wireless to have them relocate the trespassing � � equipment and obtain appropriate building and use permits through San Mateo County. Unable to resolve � these issues inu timely manner,the District issued u Notice of Trespass and Nuisance to AT&T inMay � 2003, and subsequently rejected &16il`onotice to extend its lease option for un additional fiveyears in Oc1ober2003. � � AT&T representatives took responsibility for the breach of the lease. ln December 2003. AT&T Wireless � � uubmittcdp|aneundwrinennuoieria\a [hrano° huiNingpernniitoSanMu1eoCounty. &t your Regular � � meeting of February 25, 2004,you approved a one-year holdover agreement, which expired on February 9, 2O05 (see Report R-04-26). The equipment trespass was removed iu April 2OU4. ln June 2O04,the � District entered into o lease with Mctn»pCS in the area where the trespass was removed. The Sun Mateo County Planning Commission approved AT&T's Use Permit Renewal and Amendment on October 13, | 2004. � � � � 8-05'30 Page Cingu|urVVinc|esm purchased AT&T Wireless October 26, 2004. Cingu|ur Wireless applied for ubuilding permit un December 20. 2004` based upon the use permit issued to &T&T. Key provisions of the proposed Lease and Settlement Agreement with New CinQu|o,Wireless are: � • Initial rent o[$32,448 for the period beginning February |O, 2005 through February A, 2O06which will increase by 4% perunnunn in each of the remaining four years of the |eoyo term. There are options for four additional five-year terms at the then prevailing market rate consistent with California Public Resources Code 5563. � • The Settlement Agreement requires Cingular to pay the District$10,000 to compensate tile District � for the loss uf rental income resulting from the trespass. CEQA COMPLIANCE Categorical Exemption 15301 - Existing Facilities The operation, maintenance, |euuinA, and minor alteration ofun existing private structure involving no � expansion of use is categorically exempt from CEQ&. RECOMMENDATION Staff supports the approval of the New Cingular Wireless Lease and of the Settlement Agreement. This � proposal provides the District with on opportunity tosignificantly increase its rental revenue with u negligible Visual impact to District land. � Prepared by: � ]ohnP. Dickey, Real Property Specialist Contact person: Michuc| C. Williams, Real Property Manager � � � � RESOLUTION NO. 05- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE COMMUNICATIONS SITE LEASE AND SETTLEMENT AGREEMENT WITH NEW CINGULAR WIRELESS, PCS, LLC A DELAWARE LIMITED LIABILITY COMPANY, (PULGAS RIDGE OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The District may, under the provisions of Section 5540 and 5563 of the Public Resources Code, lease property owned by the District for a period of up to twenty-five (25)years, and the Board of Directors finds that the premises to be leased for Communication Facilities is temporarily unnecessary for park and open space purposes and considers that a lease of such premises for Communication Facilities is in the public interest, on the terms hereinafter set forth. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Communications Site Lease and the Settlement Agreement at Pulgas Ridge Open Space Preserve between Midpeninsula Regional Open Space District and New Cingular Wireless PCS, LLC, a copy of which Lease is attached hereto and by reference made a part hereof, and does hereby authorize the President or other appropriate officer to execute said Lease and Settlement Agreement on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Lessee. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. PULGAS RInGE OPEN SPAC RESERVE MIDPENIN-,jLA REGIONAL OPEN SPACE (STRICT t 11C1i} 1� St t Pally Geraci Trail " ..... PNcast stay on lrai#s. ad}acent are not open to the public. t.A , a.2 •..••••••••••• ater Tank 1" ` Hassler Trail• :Pft02 "� Has Log})Trail U.3 � ♦ . s1-i �• •• •Off-Leash SacagF4tra.. t yc Red fDO U.-i ....................... ............. Blue `•i;n �:.. Qak . Trail 4e, aW �Oflt� 2W i f, 401) EDGEWOOD Site COUNTY PARK Location {San Mateo Count°) 0.0 .1 .2 .3 .3 .S .6 .8 .9 1.0 One Mile Map Legend Trait Use •-• ________ Q Gate( ) Trail Distance in Miles Vehicle Driveway *+.6 Dogs on leash ehirle Parking t.at Other Public Lands No Public Entry Hikint permitted n.:..W«.c.�r se& on all trails Exh.i.bi t A- 1 MIDPENINSUL. REGIONAL ©PEN SPA. DISTRICT PUL AS RIDGE OPEN SPACE PRESERVE DISTRICT LAND �'�•'`, �♦♦ EXISTING PG&ETOWER -'{ram �♦+ ` ` t , r /ter t t •~ t t �•� t 1 ACCESS ROAD ' t t 4 t t t t t t � CALTRANS .t PARK & RIDE V t t C'cs� SCALE: 1 `° - 120' EXHIBIT A-2 i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-44 Meeting 05-09 April 13, 2005 AGENDA ITEM 4 AGENDA ITEM Approval of the General and Special Release and Settlement Agreement in the Matter of Midpeninsula Regional Open Space District v. Landi: Encroachment at Bear Creek Redwoods Open Space Preserve GENERAL COUNSEL'S RECOMMENDATIONS 1. Determine that the recommended action is not a project under the California Environmental Quality Act (CEQA) as set out in this report.2. Adopt the attached Resolution approving the General and Special Release and Settlement Agreement, and authorize execution thereof, BACKGROUND In the fall of 2001, District staff discovered that an owner of land adjacent to Bear Creek Redwoods Open Space Preserve ("Preserve"), Curtis Landi, had graded a trail and installed a culvert and related structures on District land in the Aldercroft Creek drainage area. The District did not become aware of the unpermitted work until after it had been completed. The encroachments included unauthorized installation of the culvert and construction of a trail, approximately 193 feet long and, on average, 8 feet wide. The 18-inch culvert, with a he constructed of bags of dry concrete and mortar, was placed in a deeply incised drainage and then covered with un-compacted material. Staff notified Mr. Landi that this installation was prohibited and that the materials must be removed from the Preserve without delay. Seasonal rains posed a significant threat for culvert failure and resultant sedimentation, which potentially included the dry mix mortar, to Aldercroft Creek, a tributary of Los Gatos Creek. Mr. Landi acknowledged responsibility and agreed that the District should coordinate the restoration work. At your November 28, 2001 meeting, you approved a project to remove the materials from the drainage and to restore the area(see Report R-01-134). Thereafter, the District obtained the necessary permits and regulatory approvals, removed the culvert and fill material, and restored the impacted area to its prior natural condition. The concrete bag headwall and all of the dry mix concrete were removed from the Preserve and all disturbed soil was seeded with a native erosion-control mix and covered with straw. After the work was completed, the District contacted Mr. Landi many times in an attempt to obtain reimbursement for removing the culvert, the trail, and restoring the area, but with no success. The District Board then authorized the filing of a lawsuit to obtain reimbursement. The suit was filed in October 2004. Staff and Landi, through representative counsel, discussed a number of settlement proposals before reaching the Settlement Agreement that staff is i R-0544 Page 2 recommending for final approval by the Board of Directors tonight. If approved, the Settlement Agreement will resolve all outstanding issues and the District will dismiss its litigation. The Settlement will have achieved the District's goal of cost reimbursement for remediation of the damage to the Preserve. TERMS AND CONDITIONS OF THE PROPOSED SETTLEMENT 1. Upon execution of the Agreement, Landi will pay the sum of$26,162.00 to the District. This includes full reimbursement of the District's costs for restoration and site remediation. 2. Upon receipt of the payment, the District will cause the District's lawsuit to be dismissed. Staff recommends that the Board approve the proposed Settlement Agreement. DESCRIPTION At your meeting of June 27, 2001, you approved the purchase of the upper 805 acres of Bear Creek Redwoods Open Space Preserve from Peninsula Open Space Trust(POST). The area impacted by the encroachments that are the subject of this settlement is in the southern portion of the property. The restored site has now undergone two full rainy seasons without significant failure and staff is confident in the continued integrity of the remediation. USE AND MANAGEMENT PLAN The proposed Settlement Agreement does not change the existing Use and Management Plan for the Preserve. CEQA COMPLIANCE The recommended action of approving the General and Special Release and Settlement Agreement is not a project under the California Environmental Quality Act. CEQA compliance, in relation to the project of removing the encroachment and restoration of the area, was addressed by the Board during its meeting of November 28, 2001 (see Report R-0I-134). PUBLIC NOTIFICATION The property owners of land located adjacent to or surrounding the subject area have been mailed written notices of this proposed action. ATTACHMENTS General and Special Release and Settlement Agreement Prepared by: Thomas W. Fischer, Land Protection Specialist Duncan Simmons,Assistant General Counsel Contact: Thomas W. Fischer, Land Protection Specialist Duncan Simmons, Assistant General Counsel RESOLUTION NO. 05- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING APPROVAL OF THE GENERAL AND SPECIAL RELEASE AND SETTLEMENT AGREEMENT, AND AUTHORIZING THE PRESIDENT OR APPROPRIATE OFFICERS TO EXECUTE THE GENERAL AND SPECIAL RELEASE AND SETTLEMENT AGREEMENT, AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE CLOSING OF THE TRANSACTION (BEAR CREEK REDWOODS OPEN SPACE PRESERVE—LANDI V. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the General and Special Release and Settlement Agreement between Curtis Louis Landi and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by this reference made a part hereof, and authorizes the President of the Board of Directors or appropriate officers to execute said documents on behalf of the District. Section Two. The General Manager is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction and implementation of the General and Special Release and Settlement Agreement. Section Three. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreements or documents, which are necessary or appropriate to the closing or implementation of this settlement. * * * * * * * * * * * * GENERAL AND SPECIAL RELEASE AND SETTLEMENT AGREEMENT This General and Special Release and Settlement Agreement ("Agreement") is entered into by and between Curtis L. Landi ("Landi") and the Midpeninsula Regional Open Space District("District"), and is effective as of the earliest date by which both parties have fully executed it. Recitals A. Landi is the owner of two parcels of land in Los Gatos, California (the Landi Property"), one of which is adjacent to a parcel of land owned by the District and commonly known as the Bear Creek Redwoods Open Space Preserve ("District Property"). B. The District contends that in or about October of 2001, Landi, or agents of Landi, or both, entered onto the District Property and made certain alterations, including, without limitation, grading, installing a culvert and headwall structure and backfilling a portion of the Aldercroft Creek drainage (the "Landi Modifications"). C. The District further contends that on or about October 14, 2001, it discovered the Landi Modifications and thereafter demanded that Landi either restore the District Property to its previous condition or reimburse the District for the costs of such restoration and that the District subsequently proceeded to restore its property to its prior condition(the "Restoration"). D. Landi contends, inter alia, that the Landi Modifications were necessary to ensure safe passage for Landi and members of his family when accessing the District Property. The District contends, inter alia, that the Landi Modifications were constructed without permission from the District and caused damage to the District Property. Landi and the District acknowledge the existence of such disagreement. E. The District has represented to Landi that the total District costs of the Restoration were $26,162.00, and, on October 5, 2004, filed suit against Landi alleging causes of action for trespass, injury to timber, tree and underwood, and nuisance. The suit is entitled Midpeninsula Regional Open Space District v. Landi and was filed as Case Number 1-04-CV028231 in the Superior Court of the State of California for the County of Santa Clara(hereinafter the"District Suit"). F. The Parties to this Agreement have agreed to settle and resolve the District Suit so as to avoid the cost and burden of further litigation. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Consideration. Promptly upon execution of this Agreement by the District, Landi will pay the sum of$26,162.00 to the District. Said payment shall be made only by 1 certified check, cashier's check, money order or wire transfer payable to the "Midpeninsula Regional Open Space District." Payment shall be tendered to the District no later than twenty(20) days after the execution of this Agreement. 2. Dismissal. Upon receipt of the consideration identified in Paragraph 1 above, the District shall cause the District Suit to be dismissed with prejudice. For purposes of this Paragraph, "receipt"shall mean the deposit, and irrevocable crediting of, said monies to a District account. 3. General and Special Release. Provided that Landi fulfills all of the terms identified in Paragraph 1 above, the District hereby permanently and fully releases Landi, his employees and agents, from any and all claims or liabilities that the District has, or ever had, now or hereafter, arising from or relating to the matters set forth above in Paragraphs B, C and D, and all of those matters set forth in Santa Clara County Case No. 1-04-CV028231. This is a full and final Release of any and all claims arising out of the subject matter set forth herein. The undersigned parties agree that, as a further consideration and inducement for this compromise, this Release extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, regarding the matters set forth herein, which are the subject of the District Suit or the subject matter of this Agreement, and all rights under Section 1542 of the California Civil Code are hereby expressly relinquished and waived by the undersigned. Said section reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 4. No Admission of Liability. It is understood and agreed by the parties that this settlement is the compromise of a disputed claim, that the payment hereunder is not to be construed as an admission of liability and that any liability is expressly denied. 5. Without Prejudice. This Agreement only pertains to the resolution of the District Suit and is entered into specifically without prejudice to any other pre-existing rights, obligations and/or defenses that are claimed or may be claimed by either Landi or the District with respect to their respective properties, if any there be. 6. Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the Parties hereto. 7. Amendment and Merger Clause. No amendment, modification, or waiver of this Agreement or any provision thereof shall be binding upon the Parties unless it is in writing and executed by each of the Parties. This Agreement constitutes the entire understanding of the Parties with respect to its subject matter and merges herein and supersedes any prior agreement, representation, or promise between the Parties or the Agents with respect to its subject matter. The terms of this Agreement are contractual 2 and not a mere recital, and may be modified only in a writing executed by all Parties. 8. Partial Invalidity. If any provision of this Agreement should be found to be invalid or unenforceable by a court or arbitration panel of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect. 9. Choice of Law. The laws of the State of California shall govern this Agreement without reference to conflict of law provisions. 10. Authority to Execute Agreement. Each Party, and the individual executing on behalf of each Party, commits and represents to the other Party that it has full and final authority to execute this Agreement, and that no further action on the part of such Party is necessary to make this Agreement a valid and binding obligation of that Party. 11. Counterparts. This Agreement may be executed in counterparts by authorized representatives of each of the parties and by facsimile signature. It shall become binding and enforceable between and among each signatory as of the date of its full execution. 12. Attorneys' Fees. In the event of any litigation or arbitration to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs and expenses, including without limitation, reasonable attorneys' fees. For purposes hereof, the reasonable fees for attorneys employed by District, either under contract or by statute, shall be based on the fees regularly charged by private attorneys with an equivalent number of years of experience in the subject matter area of the law actively practicing within the San Francisco Bay Area. IT IS SO AGREED: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dated: Larry Hassett Midpeninsula Regional Open Space District President, Board of Directors Approved as to Form: Dated: Susan M. Schectman, Esq. Midpeninsula Regional Open Space District General Counsel 3 Attest: Dated: Sally Thielfoldt Clerk, Midpeninsula Regional Open Space District STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of , 2005,before me, the undersigned, a Notary Public in and for said County and State, personally appeared Larry Hassett, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My Commission expires I 4 _J CURTIS LOUIS LANDI Dated: Curtis Louis Landi Approved as to Form: Dated: Hugh Lennon, Esq. Counsel for Curtis Louis Landi STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of , 2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Curtis Louis Landi, m n the basis of satisfactory personally known to me or proved to e o y evi dence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. i Notary Public My Commission expires 5 Regional Open 51 ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: April 8, 2005 RE: FYI's FREEST FREE CITY OF MOUNTAIN VIEW Community Services Department • Forestry&Roadway Landscape Division 231 North Whisman Road • Post Office Box 7540 • Mountain View,CA 94039-7540 • 650-903-6273 • FAX 650-961-6290 March 22, 2005 RECEIVED LIAR 2 4 2005 Ms. Elaina Cuzizk Mid Peninsula Regional Open Space District AIDPENINSULA REGIONALOPEI` 330 Distel Circle gPACE DISTRICT Los Altos, CA 94022-1404 Dear Elaina, I want to thank you and the Mid Peninsula Regional Open Space District for participating in Mountain View's Annual Arbor Day Celebration. The continued growth of this event relies on the contribution of time and energy from individuals and organizations such as yours. Everyone sharing his or her expertise and talent is what makes this event successful. I hope you found the event enjoyable and just wanted to say thanks for helping make Arbor Day 2005 an informative and fun family event. Sincerely, Bruce Hurlburt Park Section Manager cc: f/c Recycled Paper Regional Open S 'ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 24, 2005 Mr. Rob Eastwood Santa Clara County Planning Office 70 W. Hedding Street, 7th Floor, East Wing San Jose, CA 95110 Subject: Draft Environmental Impact Report (DEIR) for the Lexington Quarry (Quarry) Expansion Project (Project) Dear Mr. Eastwood: On behalf of the Midpeninsula Regional Open Space District(District), please accept the following comments regarding the Draft Environmental Impact Report for the Lexington Quarry Expansion Project. The District owns and manages approximately 50,000 acres of open space land on the San Francisco Peninsula in a series of 25 preserves stretching from the San Francisco Watershed Lands to south of Los Gatos. Sierra Azul Open Space Preserve, which is the District's largest, totaling over 17,000 acres, adjoins the southern and western boundaries of Lexington Quarry. The District also owns a conservation easement across a property that adjoins the eastern boundary of Lexington Quarry. St. Joseph's Hill Open Space Preserve, located just north of Lexington County Park, is within approximately one-half mile from the Lexington Quarry. The District expects to acquire more lands abutting or near the Quarry in the future. Consistency with Relevant Plans and Policies The DEIR fails to discuss the consistency of the Project with the Preliminary Use and Management Plan (Plan) that has been adopted for St. Joseph's Hill Open Space Preserve(copy attached). More specifically, the Plan includes the addition of trail easements over the McCarthy Property; one trail easement will allow for a connection between St. Josephs Hill Open Space Preserve and Sierra Azul Open Space Preserve with a trail crossing at Limekiln Canyon Road. This planned trail connection is expected to be constructed and open for public use within the next five years. The DEIR estimates the operational timeline for the Project at 12 years, which means that transportation impacts on Limekiln Canyon Road will occur once this trail connection Js in place. These transportation impacts need to be analyzed and discussed as an Addendum to the DEIR. Undoubtedly, quarry traffic traveling along this road will run into trail traffic attempting to cross the road. Lines of sight, road shoulder width, traffic speeds, and other factors must be considered to determine the level of impact and the need for mitigation measures. TranMortation/Recreational Use Conflicts The District still considers the traffic and recreational use impacts to be significant even with the mitigation measures identified in the DEIR. Of the 25 open space preserve that the District owns and manages on the San Francisco Peninsula, St. Joseph's Hill Open Space Preserve receives the second highest ranger to visitor contact count. In addition,more than forty-two percent of these contacts occur after 5:30 p.m. on weekends. The information demonstrates the high level of recreation use at St. Joseph's Hill Open Space Preserve. Since many trail users 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • web site:www.openspace.org OOFAEEs. Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett, Kenneth C. Nitz • General Manager:L.Craig Britton access this preserve via Alma Bridge Road, the proposed increase of vehicle trips and extension of the hours and days of operations for the Project raise significant concerns. The DEIR discusses the construction of two trail segments, one on either side of the Lenihan Dam as a measure to mitigate transportation impacts. This particular mitigation measure flags a number of inadequacies. First, there is no commitment from West Coast Aggregates, Santa Clara County Parks and Recreation, or the Santa Clara Valley Water District for planning, designing, or constructing the proposed off-road trail segments. Without a commitment to fund and construct the trail segments, it is unrealistic to include the proposed trail segments as mitigation measures. Moreover, it may take years before these trail segments are constructed and open for use, resulting in significant transportation impacts at the onset. Secondly, it is unfortunate that pedestrian,horse, and bicycle traffic attempting to travel over the Lenihan Dam would need to get on to the road to reach the off-road trail segment. The two new impacts since successfully mitigate transportation discontinuous trail segments would not s y gp recreation traffic would still be required to travel on Alma Bridge Road. West Coast Aggregates should consider improving the off-trail mitigation measure proposal by including either a pedestrian bridge over the dam or a pedestrian bridge over Alma Bridge Road to ensure that recreational traffic is able to stay off the road and safely away from quarry traffic. Thirdly, transportation impacts are of particular concern at dusk and during inclement weather when visibility can be impaired. The use of flagmen and signs are often ineffective in controlling non-vehicular traffic,particularly in this case when the public is already accustomed to using the road for trail access. For these reasons, the District urges restricting the hours of operation to weekdays only,beginning no earlier than 8:00 a.m. and ending no later than 5:00 p.m. each weekday. Impacts to Water Quality Potential impacts to water quality resulting from sediment and debris flows are still considered to be significant when rain occurs. The DEIR proposes only bimonthly inspections of the chain link fence with filter fabric liner to determine the efficacy of these sediment controls. During rainy weather, bimonthly inspections are not sufficient. The District asks that these inspections be made weekly if less than one inch of rain has fallen during the week and daily if rain totals surpass one inch durimg the week. Vegetation The District is concerned about the failure of past re-vegetation efforts on the existing quarry benches in the areas that are now designated as "reclaimed". The quarry has not succeeded in reestablishing vegetation within the reclaimed zone, raising significant concerns about the future success of re-vegetation efforts within the proposed expansion area. The quarry should not be allowed to expand until the existing reclaimed areas are adequately restored and re-vegetated according to the existing permit. Replanting methods that prove successful should then be used as guidelines for restoration in the proposed expansion area. In view of these problems, it is critical for the mitigation monitoring report to provide specific information on the assignment of responsibilities for the restoration activities, a time-critical re-planting schedule, measurable criteria to determine the level of successful restoration, specific reporting requirements, and enforcement procedures and penalties for non-compliance. 2 I Use of Blasting and Impacts to Local Wildlife and Recreational Uses Impacts to quiet wildlife observation, which is one of the recreational activities enjoyed at Sierra Azul and St. Joseph's Hill Open Space Preserves,may occur if blasting is allowed as part of quarry operations. The DEIR should explain how local wildlife would be impacted by noise and ground vibration generated by the blasting,which in turn would affect passive wildlife observation activities in the surrounding parks and preserves. Mitigation measures should be considered, including the no blasting alternative. Impacts to Groundwater Sources The District has received new information from a third party regarding the potential impacts to groundwater sources if the quarry operations are allowed to expand. This information includes the alarming conclusion that the potential quarry expansion may result in the depletion of the groundwater aquifer, which would then cause the desiccation of hillside plants and vegetation. Since the DEIR does not address this issue, please explain the potential impacts to the water uptake and water availability of hillside vegetation caused by the potential impacts of the Project to the groundwater sources and local hydrology. We appreciate the opportunity to comment on the Environmental Impact Report for the pp pp Y P p Lexington Quarry Expansion Project. If you have any questions, please contact Ana Ruiz, Open Space Planner II, at (650) 691-1200. S'ncerely, L. CraigBritton General Manager g cc: MROSD Board of Directors Santa Clara County Parks Department LCB:ar 3 Regional Open f#ace March 25,2005 1 The Honorable Senator Sheila Kuehl MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Chair, Senate Committee on Natural Resources and Water State Capitol P.O.Box 942849 Sacramento,CA 94249 Re: SB 153 SUPPORT Dear Chairperson Kuehl and Committee Members: I urge you to support proposed law SB 153,which would authorize$3 billion in bond financing for the acquisition, development, and reservation of ark p P p recreational, water,coastal agricultural land air, ,cultural,and historical resources. As you may know,California's population continues to expand at a rate of 600,000 people per year and demand for parks and recreation is at an all time high. 86 million visitors enjoy our State parks annually. Beaches and campgrounds are booked months in advance. Our parks and open spaces continue to attract Californians and visitors alike to the tune of 6 billion dollars in economic activity annually. Numbers like these indicate that it is imperative that we contin ue nue to invest in our parks,recreation facilities, and in the protection of the state's natural and historical resources in order to support the demands rr burgeoning population. The Midpeninsula Regional Open Space District manages 25 open space preserves in San Mateo and Santa Clara counties providing low-impact recreational hiking,biking,horseback riding and dog walking opportunities to over 700,000 District constituents. State bond funds play a crucial role in providing funding for projects throughout the District. Sections of Bear Creek Redwoods Open Space Preserve, one of the District's newest open space preserves overlooking the Lexington Reservoir were made possible through the assistance of two grants from the state. To complete an 11-mile stretch of the Bay Area Ridge Trail through the Sierra Azul Open Space Preserve, state grant funding assisted d in purchasing two in holdings. Parking for visitors to our El Corte De Ma dera Open Space Preserve p e is very limited and many hikers and mountain bikers find themselves crossing a very busy section of mountain highway to access the preserve from a neighboring CalTrans parking lot. Through partial state funding,the District is in the process of building a much-needed new ark m s to in are a pro viding visitors with th easy access to the preserve. The District, along with the local and state park agencies works continuously to provide opportunities for our citizens to enjoy the state's diverse natural resources and to preserve a greenbelt throughout our region for wildlife habitat. In order for the District to continue to be stewards of the state's valuable resources,bond acts, such as"The California Clean Water,Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2006" which SB 153 would enact are essential. On March 29, 2005,the Natural Resources and Water Committee will review SB 153. If the future of California's park lands, open spaces, wildlife,and historical landmarks is to be supported and enhanced, then SB 153 is nice for the future and future Californians and deserves your support, and the support of your committee. 'S i Sin rely, L. Craig ri on General Manager cc: Ralph Heim,Public Policy Advocates Board of Directors,Midpeninsula Regional Open Space District 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org 6_ =zE.., Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Han ko, Larry Hassett,Kenneth C. Nitz • General Manager:L.Craig Britton Regional Open S ce ----------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 1, 2005 Honorable Ira Ruskin Assemblymember, State of California 5050 El Camino Real, Suite 117 Los Altos, CA 94022 Dear Assemblymember Ruskin: On behalf of the Midpeninsula Regional Open Space District(MROSD),I would like to urge you to support full funding for the Environmental Enhancement and Mitigation Program(EEMP) in the 2005-2006 State Budget. The State Budget proposed by the Administration seeks to eliminate all funding for the EEMP in the next fiscal year,which was designed to offset some of the environmental impacts of California's transportation projects. Voters approved Proposition I I I in 1990,creating the EEMP, which provides $10 million annually from the Department of Transportation for mitigation projects. Today,this modest sum represents less than 1/800th of California's proposed transportation budget. For over a decade,this state resource has helped improve the quality of life throughout California by funding over 500 conservation and alternative transportation projects that reduce air and noise pollution,enhance recreational opportunities,and conserve natural resources in nearly every California county. The program has also been an important funding source for state and local conservation corps,which engages at-risk youth to improve their communities and provide them with valuable job skills and employment experience. California's mandate to expedite transportation projects must be met with a balanced, secure resource for mitigating those projects. The EEMP is a small program that represents a mere fraction of the transportation budget,yet provides funds to plant thousands of trees throughout California,protect essential open space lands and habitat for birds and wildlife,build trails for nature lovers, and provide additional roadside recreational opportunities for tourists and residents using the roads and highways of the Golden State. Your support is essential to ensuring these funds remain available to continue furthering of life. California'C Sincer ly, L. Craig Britton General Manager cc: Midpeninsula Regional Open Space District,Board of Directors Ralph Heim,Public Policy Advocates 330 Distel Circle a Los Altos,CA 94022-1404 * Phone: 650-691-1200 Fax: 650-691-0485 * E-mail: mrosd@openspace.org * Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz - General Manager:L.Craig Britton Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 1, 2005 Honorable Joe Simitian Senator, State of California 160 Town&Country Village Palo Alto, CA 94301 Dear Senator Simitian: On behalf of the Midpeninsula Regional Open Space District(MROSD),I would like to urge you to support full funding for the Environmental Enhancement and Mitigation Program(EEMP)in the 2005-2006 State Budget. The State Budget proposed by the Administration seeks to eliminate all funding for the EEMP in the next fiscal year,which was designed to offset some of the environmental impacts of California's transportation projects. Voters approved Proposition 111 in 1990, creating the EEMP, which provides$10 million annually from the Department of Transportation for mitigation projects. Today,this modest sum represents less than 1/800"'of California's proposed transportation budget. For over a decade,this state resource has helped improve the quality of life throughout California by funding over 500 conservation and alternative transportation projects that reduce air and noise pollution, enhance recreational opportunities, and conserve natural resources in nearly every California county. The program has also been an important funding source for state and local conservation corps,which engages at-risk youth to improve their communities and provide them with valuable job skills and employment experience. J California's mandate to expedite transportation projects must be met with a balanced, secure resource for mitigating those projects. The EEMP is a small program that represents a mere fraction of the transportation budget,yet provides funds to plant thousands of trees throughout California,protect essential open space lands and habitat for birds and wildlife,build trails for nature lovers, and provide additional roadside recreational opportunities for tourists and residents using the roads and highways of the Golden State. Your support is essential to ensuring these funds remain available to continue furthering California's quality of life. 4incerely, L. Craig Britton General Manager cc: Midpeninsula Regional Open Space District,Board of Directors Ralph Heim,Public Policy Advocates 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax: 650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org OFHEEST Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open S ce April 4, 2005 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Honorable Senator Sheila Kuehl Chair, Senate Committee on Natural Resources and Water State Capitol P.O. Box 942849 Sacramento, CA 94249 Re: SB 658 SUPPORT Dear Chairperson Kuehl: I urge you to support proposed law SB 658, authorizing the Coastal Environment Motor Vehicle Mitigation Program to allow counties adjacent to the coast and San Francisco Bay to collect up to$6 per vehicle to fund projects that mitigate for the adverse environmental impacts of motor vehicles and their associated infrastructure. As you may know,counties on the coast of California and the San Francisco Bay Area contain 77%of the state's population. Nationally,the number of miles driven annually over the past 20 years has increased at four times the population growth,with a corresponding increase in motor vehicle infrastructure. Currently,the state has a program to address the air quality impacts of motor vehicles,but there is no comparable program for addressing a wide range of other significant impacts of vehicles and their related infrastructure of roads,bridges,levees, culverts, and public parking areas. These impacts include water pollution, erosion and sedimentation,habitat destruction, and the elimination of critical fish and wildlife habitat connections. The Coastal Environment Motor Vehicle Mitigation Program would provide the funds to reduce,prevent, and remediate these adverse environmental impacts and assist in maintaining the overall quality of life for Californians. The Midpeninsula Regional Open Space District manages 25 open space preserves in San Mateo and Santa Clara counties.The District is actively involved in preserving and restoring open space along the Santa Cruz Mountain Range and on the San Francisco Bay for our constituent's enjoyment and the health of our natural environment. The District has a number of opportunities where funds from this would be highly beneficial. program g Y Building trail linkages from peninsula urban areas over to the coast or along the ridgelines provide a way for our constituents to enjoy the natural beauty of our area while reducing the need for vehicles to transport them from preserve to preserve. Managing non-native invasive species such as yellow star thistle, acacia, and French broom whose primary distribution point are the public roads that border or cross through District lands. Preserving contiguous greenbelt to provide wildlife habitat and key wildlife corridors, which can be impacted by increased building of public roads and bridges. The District, along with local and state park agencies,continues to work to improve the stewardship of the land that we manage and to preserve greenbelt throughout our region for the enjoyment of our constituents and the protection of wildlife. Funding from the Coastal Environment Motor Vehicle Mitigation Program,which SB 658 would enact,is essential for the District to continue these important programs. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax: 650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org L OF«EES. Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nitz • General Manager:L.Craig Britton On April 5, 2005, the Natural Resources and Water Committee will review SB 658. It is imperative for our state,with our burgeoning population and increased usage of motor vehicles,to put in place a funding program to prevent and mitigate the environmental impacts of motor vehicle infrastructure for the coastal region and the San Francisco Bay area. SB 658 is a choice for the future and future C fo ians and deserves your support, and the support of your committee. Sinc rely, L. Craig Britton �__.✓� General Manager cc: Ralph Heim,Public Policy Advocates Board of Directors,Midpeninsula Regional Open Space District John Woodbury,Bay Area Open Space Council Senator Bob Margett, Senate Natural Resources and Water Committee Senator Samuel Aanestad, Senate Natural Resources and Water Committee Senator Debra Bowen, Senate Natural Resources and Water Committee Senator Robert Dutton, Senate Natural Resources and Water Committee Senator Dennis Hollingsworth, Senate Natural Resources and Water Committee Senator Christine Kehoe, Senate Natural Resources and Water Committee Senator Alan Lowenthal, Senate Natural Resources and Water Committee Senator Michael Machado, Senate Natural Resources and Water Committee Senator Carole Migden, Senate Natural Resources and Water Committee Senator Gloria Romero, Senate Natural Resources and Water Committee 2 Regional Open S, ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors F r FROM: L. Craig Britton, General Manager DATE: April 13, 2005 RE: FYI's Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: C.Britton,General Manager From: J. Maciel,Operations Manager Date: March 31,2005 Re: Update on Monte Bello Cabin (Ranger Residence) The 400 sq. ft. Monte Bello cabin was purchased as part of the 100-acre Investment of Corporation of Philadelphia property addition to Monte Bello Open Space Preserve in 1979. At the time of purchase,the one bedroom cabin was in only fair condition. The cabin is situated near the northeast corner of the Christmas tree lease area(on the Northerly side of Skyline Boulevard) at the end of a steep, narrow,dirt driveway. Shortly after purchasing the property,the cabin was utilized by the District as a District ranger residence(although it was not ideally located,few locations were available at that time). Two other employee residences are located across Skyline Blvd. (Highway 35) as part of the Skyline Field Office complex at Skyline Ridge Open Space Preserve(which was acquired in 1982). These residences are much better situated for District purposes as field residences. Over the years,the District has made routine repairs to and maintenance of the cabin to meet minimum occupancy standards. The Monte Bello cabin is the smallest residence and one of the most marginal occupied structures owned and maintained by the District. The location of the cabin is also considered marginal for continued use as an employee ranger residence because of the poor road access and the close proximity to two other employee residences,which are in superior condition and have superior access. In a recent inspection of the cabin,staff noticed significant dry rot to the siding and structural framing of the cabin. Two local general contractors have inspected the structure and given recommendations and bids on a short term (3 to 5 years) repair to make the cabin safe for occupancy. The repairs are estimated to costa $8,000. It is anticipated that these repairs will be completed during the first two weeks of April. Initial estimates to make a more permanent repair of the cabin range up to $50,000. Such repairs would involve structural repairs and rebuilding exterior walls, but do not take into consideration the cost of any code upgrades and requirements of permitting agencies. A long term fix of the cabin will be evaluated in conjunction with a District wide comprehensive study of employee facility needs to meet current and future management of District preserves and respond to after hour and emergency contacts. This evaluation was included in the 2005/2006 Action Plan. cc: MROSD Board of Directors Regional Open Sp :e INTER-OFFICE MEMORANDUM �'- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: C. Britton,General Manager CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION From: M.Williams,Real Property Manager J Date: April 7,2005 Subject: Anderson Prescriptive Easement Addition to El Sereno Open Space Preserve Pertainingto The Sheldon Road License Agreement �' A Gift Deed was recorded on March 3 2005 and title to and possession in this 0.35-acre easement Road Agreement, P aased to the District. This easement, along with the Sheldon Ro License completes the District's ability to manage the section of Sheldon Road between Overlook Road and El Sereno Open Space District as a trail for pedestrian and bicycle use. p p Y In accordance with the District's Rules of Procedure, Section 260 (2), as amended on June 18, 1991 R- 1-62 (see Report 9 ), to wit: "The General Manager is hereby authorized to approve the acquisition of a minor interest in or easement upon real property and accept on behalf of the Midpeninsula Regional Open Space District deeds or grants conveying any such minor interest in or easement upon real property to the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as required by law, subject to the following: 1. The General Manager finds that the acquisition of such minor interest in or easement upon real property is consistent with District policy; and 2. The Cost does not exceed the General Manager's authority as provided in Section 5549(b)of the Public Resources Code as approved by the Board of Directors from time to time; and 3. The General Manager informs the Board of Directors of the action or proposed action within a reasonable period of time." The General Manager signed a Certificate of Acceptance on February 28,2005 and a Quitclaim Deed was recorded on March 3,2005 for the subject property,based upon the determination that acceptance of this gift is in accordance with the above stated policy. DEDICATION & ACQUISITION CHART INFORMATION Preserve County Ownership Status: Board Approval Date (Fee,Easement, & & Grantor Acres Lease,Mgmt & Area A.P.N. Res.No. Agreement) El Sereno Santa Clara 510-36-016 Gibson Anderson 0.35 Easement See Above Mgmt.Status: Dedication Date& Closing Date (Open,Closed,CMU, Status(Intended or Type Purchase Price GIS Code or Other) Withheld) March 3,2005 Open Withheld Gift $0.00 33o Distel Circle 650-6y1-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L-Craig Britton PRELIMINARY USE AND MANAGEMENT PLAN CHART INFORMATION County PreserveyArea 8t Grantor >Acres or, Date A:P,N GM'Action' ACquir tl Santa Clara Gibson General Manager Approval and March 3, El Sereno 510-36-016 Anderson 0.35 Certificate of Acceptance 2005 Public Access: Open to limited public use at this time. Patrol: Regularly patrol the easement area. Signs: Install Preserve boundary signs as directed in the Sheldon Road License Agreement. Name: Addition to El Sereno Open Space Preserve Dedication: Intended for dedication as public open space at this time. Site Safety Inspection: Preliminary inspection is complete and no hazards werefound. d CEQA COMPLIANCE PROJECT DESCRIPTION The project consists of the acquisition of a .35-acre prescriptive easement along a section of Sheldon Road, Santa Clara County as an addition to the El Sereno Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately,the property will be included in the Comprehensive Use and Management Plan for the El Sereno Open Space Preserve. The easement area will be managed as a District trail as described in the Board Report R-04-44. CEQA DETERMINATION It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Article 19, Sections 15304, 15301, and 15061 as follows: Section 15304 exempts the minor public or private alterations in the condition of land,water and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. The project includes the installation of a gate,stile,and regulatory signs, and does not involve removal of any trees or other vegetation. Alterations will be minor. Section 15301 exempts the operation,repair,maintenance, or minor alteration of existing public or private structures,facilities,mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing. The District will operate the existing trail under a license agreement and will discourage increased use of the trail by agreeing not to show the trail on District publications. Thus,there will be negligible, or no expansion of use. This acquisition qualifies under both sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061,as there is no possibility the actions may have a significant effect on the environment. CEQA Determination Completed By: C��f�L/ Date: 5'- 5 J�" Del Woods, Senior Real Property Planner CC: Board of Directors Administration Operations Accounting Planning Public Affairs � MlOpENINsuLA REGIONAL OPEN SPACE DISMICT | Memorandum | To: [|. Britton, General Manager From: M,Williams, Real Property Manager Date: April 8. 2OOS / Re: Memorandum to Special Meeting of April G. 2OO5 File R-05-40—(Pertaining to Fire Service Fee)--Agreement Between San Mateo County and K8idpeninau|a Regional Open Space District(Regarding Fire Services) The Fire Service Fee required by the Agreement Between San Mateo County and Midpeninsula Regional Open Space District(regarding fire services)was incorrectly calculated at$12.38 per year as � part of the approved purchase of the Peninsula Open Space Trust(Forde) property addition to the � Puhnima Creek Redwoods Open Space Preserve. The correct calculation is$GG.54 per year, which will increase 2Y6annually. The correct calculation will be reported to San Mateo County inaccordance with the(Fire Services)Agreement. The fee calculation increased because the current assessed value � of the subject property is less per acre than the average assessed valuation per acre as calculated in - � the District's fiscal analysis for the Coastal Protection Area, dated June 6, 2003. Therefore,the greater of these two assessed valuation rates must be used to determine the Fire Service Fee. cc: MROGD Board ofDirectors Special Meeting File R-O5-4U � � � � Regional Open 5 ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 11, 2005 Mr. Robert Zatkin P.O. Box 620657 Woodside, CA 94062 Re: Status of El Corte de Madera Creek Open Space Preserve Watershed Protection Program Dear Mr. Zatkin, Per your request, I am writing to provide you with an update on the status of completed and upcoming projects related to the El Corte de Madera Creek Open Space Preserve Watershed Protection Program. Patrol Road Drainage Improvements During the summer of 2004, the District contracted with Peter Davis Engineering to upgrade approximately 8.3 miles of patrol roads within the Preserve. Projects included installation of eight culverts, construction of three rock fords, and construction of five armored roadside ditches. Davis Engineering also upgraded approximately 120 rolling dips along Methuselah, Gordon Mill, and Timberview Trails to improve drainage. Due to permit conditions, the onset of rain in mid-October prevented the contractor from completing the installation of a number of new rolling dips and other drainage improvements. This work will be completed by District staff this spring. Enclosed is a list of the projects completed by Davis Engineering. Please refer to the El Corte de Madera Creek Open Space Preserve Road and Trail Inventory for more detail about these sites. Patrol road drainage improvements scheduled for spring and summer of 2005 include application of 1500 linear feet of baserock along the upper Timberview Trail and at numerous locations throughout the Preserve; and installation of rolling dips and drainage features along Springboard and Virginia Mill Trails. The El Corte de Madera Creek Trail west of the intersection with the Resolution Trail will also be upgraded. Trail Closures and Repairs During the summer of 2004, the District closed two trails that were identified in the Road and Trail Inventory as high priorities for erosion control, Blue Blossom and Crossover. Staff constructed state-of-the-art replacement trails in order to maintain existing recreational opportunities. The new multiple-use trails are designed to minimize erosion and to keep bicycle speeds down. The trails follow natural contours and are aligned at an average grade of ten percent; they meander through trees and around natural obstacles; and they incorporate grade reversals and numerous drain dips. The new Blue Blossom 330 Distel Circle * Los Altos, CA 94022-1404 * Phone: 650-691-1200 Fax: 650-691-0485 9 E-mail: mrosd@openspace.org * Web site:www.openspace.org H"R'E'E... Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz - General Manager:L.Craig Britton Trail alignment received some use during the winter months and weathered exceptionally well. The new Crossover Trail alignment is still under construction but should be complete in early summer. The District also contracted with the California Conservation Corps (CCCs) to eliminate illegal bicycling use on over five miles of undesignated trails. The CCCs constructed and installed numerous barricades utilizing native vegetation and on-site materials to block access to these former logging roads and skid trails. They obliterated the trail tread and covered the area with existing slash and leaf litter. Where feasible, they eliminated minor bench cuts and recontoured slopes to their natural grades. District staff will continue to monitor use of these and other areas in the Preserve. w major trail realignment and maintenance projects are planned for the summer of Two J J tm p 2005. District staff will upgrade the Giant Salamander Trail to reduce the potential for erosion and sediment delivery to the stream system. Techniques will include use of minor realignments and switchbacks to avoid steep areas, narrowing the trail to reduce the overall width, and potentially rocking or otherwise hardening the trail surface where it is in close proximity to the creek. Staff will also initiate planning and design of a new bridge to replace the failing culvert where the trail crosses the creek. Staff also plan to realign the El Corte de Madera Creek Trail. This former logging road will be converted to a multiple use trail and will be relocated further away from the adjacent creek. The former roadbed will be abandoned and restored. Staff will initiate planning and design of a new bridge to replace the existing bridge, which is being severely undercut by the creek. Water Quality Monitoring The District contracted with Balance Hydrologics, Inc. (Balance) to establish an in- stream sediment monitoring program at El Corte de Madera Creek Open Space Preserve. To assess watershed and creek conditions, Balance employed three main techniques: a sediment source inventory of existing sediment sources to the creeks; bracketing estimates of sediment derived from roads and trails; and V* (V-star)measurements (the decimal fraction a pool is filled with fine sediment). Balance mapped natural sediment sources including landslides, rockfalls, slumps, debris flows, and channel bank failures that appear to have occurred since 1998, the time frame corresponding to the most recent cycle of wet years. Balance calculated that these sources appear to have delivered approximately 960,000 cubic feet of sediment to the creek. Balance also calculated an order-of-magnitude estimate of the sediment produced from the Preserve's roads and trails at approximately 231,000 cubic feet over the same time period. This estimate reflects the "missing" soil from the road and trail surface assuming an initially level trail surface. This is not the amount of soil that has been delivered to the creek; much of it appears to have been deposited adjacent to the road prism. While rough, these estimates help provide a context for the erosion stemming from the road and trail network, and can be used to establish sediment reduction targets. 2 I To assess changes to in-stream sediment quantities over time, Balance prepared baseline V* measurements at 17 pools within El Corte de Madera Creek Open Space Preserve, and at six pools in La Honda Creek Open Space Preserve as a control. In general, Balance found that the V* measurements at El Corte de Madera Creek Open Space Preserve are in the average range when compared to other creeks throughout the Bay Area. The median V* value for the pools sampled at El Corte de Madera Creek and at La Honda Creek Open Space Preserves was 0.31 percent. None of the creeks on the Preserve measured excessively high. Balance trained District staff to perform the V* measurements, and the District is committed to this on-going monitoring effort to gauge the effectiveness of the Watershed Protection Program. Education and Outreach Efforts The District is actively promoting the Watershed Protection Program in its quarterly newsletters and during community events. Staff recently developed a large-format interpretive sign describing the habitat value of El Corte de Madera Creek to steelhead, and the importance of visitors staying on designated trails and preventing erosion. These signs are currently being fabricated and will be installed throughout the Preserve this summer. District staff continue to work with Preserve visitors and particularly with members of the Responsible Organized Mountain Pedalers (ROMP) club to inform them about the Watershed Protection Program. For their part, ROMP members have been supportive of the Program's goals and have been active participants in recent trail realignment and restoration projects. Robert, thank you for your continued interest and efforts to preserve and restore the ecological integrity of the El Corte de Madera Creek Watershed. Please feel free to contact me at (650) 691-1200 if you would like more information. Sincerely, Matt Freeman Senior Planner Cc: VMidpeninsula Regional Open Space District Board of Directors Craig Britton, General Manager Cathy Woodbury, Planning Manager Jonathon Ambrose, NOAA Fisheries Carmen Fewless, San Francisco Regional Water Quality Control Board Patricia Anderson, California Department of Fish and Game Encl. 3 Davis Engineering Peter A. Davis General Engineering & Building Contractor#549628 January 29,2005 RECEIVED KI ()7 2005 Matt Freeman Midpeninsula Regional Open Space District 330 Distel Circle SPACE DISTPICT Los Altos, Ca. 94022-1404 Re: El Corte Madera Open Space The following are"As Builts"for the work completed in the El Corte Madera Open Space Project. Drainage Culverts(HDPE pipe) 60-20 Methuselah 20 feet 18"HDPE 60-24 Methuselah 40 feet 24"HDPE 130-4 Gordon Mill 20 feet 18"HDPE 130-9 Gordon Mill 50 feet 48"HDPE 130-10 Gordon Mill 40 feet 18"HDPE 20-2 Gordon Mill 30 feet 24" HDPE 170-5 Timberview 30 feet 24" HDPE 60-20 (100 feet south,Meth) 20 feet 18" HDPE Roadside Ditch-Rock Swales 60-22.3 300 feet 6-8"rock 35 cubic yards 170-6.1 50 feet 6-8"rock 3 cubic yards 170-6.2 50 feet 6-8"rock 3 cubic yards 20-4 50 feet 6-8"rock 3 cubic yards 20-4 100 feet South 50 feet 6-8"rock 3 cubic yards El Corte Madera Open Space Project"as builts" Page 2 Roadside Ditch-Cleaned 170.5 50 feet cleaned 130.6 50 feet cleaned 30-2.2 100 feet cleaned 30-5 100 feet cleaned 20.1 10 feet cleaned Excavation 60-17 50 cubic yards 130-8 3 cubic yards 170.6.3 3 cubic yards 13W8 15 cubic yards Road Methuselah Trail 60-20 75 feet 60-22.3 300 feet 60-22.1 100 feet Rock Fords 60-19 A&B 30 yards of 12"rip rap(not completed) 130-6 5 yards 12"rip rap (completed) r zel Jf. 39 San Pablo Ave, San Rafael, Ca. 94903 Regional Open S ,ee 2 April 12, 2005 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Honorable Anna Eshoo United States Congress 698 Emerson Street Palo Alto, CA 94301 Dear Congressperson Eshoo: On behalf of the Midpeninsula Regional Open Space District, I am very concerned that the Joint Committee on Taxation recently suggested changes in the treatment of landowners who generously donate conservation easements over their land for the protection of wildlife habitat. Conservation easements are one of the most effective ways of working with private landowners to conserve critically important greenbelt land in the Silicon Valley and San Francisco Peninsula region; as well as the rest of the nation. The committee's suggestions, if implemented, would remove a valuable financial incentive for those private landowners who want to preserve their land in perpetuity. The Midpeninsula Regional Open Space District manages 25 open space preserves,totaling approximately 50,00 acres, in San Mateo, Santa Clara and Santa Cruz counties providing low-impact recreation to over 700,000 District constituents. The District has negotiated with a number of landowners in the region to acquire key conservation easements. One of these landowners, for example, was the Smits family of Los Gatos. Close to the District's Sierra Azul Open Space Preserve and nearby foothills of the Blossom Hill area,the Smits property, offers a small riparian corridor close to Shannon Road ascending to oak woodland and a small area of grassland. This long 11-acre easement provides a key corridor for wildlife moving from the Sierra Azul area to open space areas across Shannon Road. The Smits family could not afford to donate the land to the District,but at the same time wanted to see the property preserved as open space in perpetuity. Entering into an arrangement with the District to protect the land under a conservation easement provided an affordable way for the Smits family to leave this beautiful section of land undeveloped for their own private purposes and at the same time receive a tax benefit. The District would support changes in the law,in regulations, and in enforcement,that would ensure that high standards are met for reviewing conservation easements. But the changes suggested by the Joint Committee on Taxation would result in landowners receiving little, if any, tax reward for making extremely valuable donations of development rights, which are of great benefit to the public Their suggestions would make it even more difficult—and, in many cases, impossible --for a landowner to make such a donation. I urge you to thoughtfully consider the adverse affects that legislation based on the Joint Committee on Taxation's recommendations would have on landowners who would like to preserve their land for the enjoyment of future generations of Californians. Your leadership in acting to defeat these recommendations woul ertainly be of great service to the citizens of California and to the preservation of natural environment. Si cerely, L. Craig Britton General Manager cc: Rand Wentworth, President Land Trust Alliance Midpeninsula Regional Open Space District, Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org CJFAEEs, Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C.Nitz - General Manager:L.Craig Britton Regional Open S ,ce 1 April 12, 2005 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Honorable Barbara Boxer United States Senate 1700 Montgomery Street, Suite 240 San Francisco, CA 94111 Dear Senator Boxer: On behalf of the Midpeninsula Regional Open Space District, I am very concerned that the Joint Committee on Taxation recently suggested changes in the treatment of landowners who generously donate conservation easements over their land for the protection of wildlife habitat. Conservation easements are one of the most effective ways of working with private landowners to conserve critically important greenbelt land in the Silicon Valley and San Francisco Peninsula region; as well as the rest of the nation. The committee's suggestions, if implemented,would remove a valuable financial incentive for those private landowners who want to preserve their land in perpetuity. The Midpeninsula Regional Open Space District manages 25 open space preserves,totaling approximately 50,00 acres, in San Mateo, Santa Clara and Santa Cruz counties providing low-impact recreation to over 700,000 District constituents. The District has negotiated with a number of landowners in the region to acquire key conservation easements. One of these landowners, for example,was the Smits family of Los Gatos. Close to the District's Sierra Azul Open Space Preserve and nearby foothills of the Blossom Hill area,the Smits property, offers a small riparian corridor close to Shannon Road ascending to oak woodland and a small area of grassland. This long 11-acre easement provides a key corridor for wildlife moving from the Sierra Azul area to open space areas across Shannon Road. The Smits family could not afford to donate the land to the District,but at the same time wanted to see the property preserved as open space in perpetuity. Entering into an arrangement with the District to protect the land under a conservation easement provided an affordable way for the Smits family to leave this beautiful section of land undeveloped for their own private purposes and at the same time receive a tax benefit. The District would support changes in the law, in regulations, and in enforcement,that would ensure that high standards are met for reviewing conservation easements. But the changes suggested by the Joint Committee on Taxation would result in landowners receiving little, if any, tax reward for making extremely valuable donations of development rights, which are of great benefit to the public Their suggestions would make it even more difficult—and, in many cases, impossible--for a landowner to make such a donation. I urge you to thoughtfully consider the adverse affects that legislation based on the Joint Committee on Taxation's recommendations would have on landowners who would like to preserve their land for the enjoyment of future generations of Californians. Your leadership in acting to defeat these recommendations would certainly be of great service to the citizens of California and to the preservation of natural environment. Si erely, L. Craig Britton General Manager cc: Rand Wentworth, President Land Trust Alliance Midpeninsula Regional Open Space District, Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org OFA�Esr Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Regional en -Nce � p MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 12, 2005 Honorable Diane Feinstein United States Senate One Post Street, Suite 2450 San Francisco, CA 94104 Dear Senator Feinstein: On behalf of the Midpeninsula Regional Open Space District, I am very concerned that the Joint Committee on Taxation recently suggested changes in the treatment of landowners who generously donate conservation easements over their land for the protection of wildlife habitat. Conservation easements are one of the most effective ways of working with private landowners to conserve critically important greenbelt land in the Silicon Valley and San Francisco Peninsula region; as well as the rest of the nation. The committee's suggestions, if implemented, would remove a valuable financial incentive for those private landowners who want to preserve their land in perpetuity. The Midpeninsula Regional Open Space District manages 25 open space preserves,totaling approximately 50,00 acres, in San Mateo, Santa Clara and Santa Cruz counties providing low-impact recreation to over 700,000 District constituents. The District has negotiated with a number of landowners in the region to acquire key conservation easements. One of these landowners, for example,was the Smits family of Los Gatos. Close to the District's Sierra Azul Open Space Preserve and nearby foothills of the Blossom Hill area, the Smits property, offers a small riparian corridor close to Shannon Road ascending to oak woodland and a small area of grassland. This long 11-acre easement provides a key corridor for wildlife moving from the Sierra Azul area to open space areas across Shannon Road. The Smits family could not afford to donate the land to the District,but at the same time wanted to see the property preserved as open space in perpetuity. Entering into an arrangement with the District to protect the land under a conservation easement provided an affordable way for the Smits family to leave this beautiful section of land undeveloped for their own private purposes and at the same time receive a tax benefit. The District would support changes in the law, in regulations, and in enforcement,that would ensure that high standards are met for reviewing conservation easements. But the changes suggested by the Joint Committee on Taxation would result in landowners receiving little, if any, tax reward for making extremely valuable donations of development rights, which are of great benefit to the public Their suggestions would make it even more difficult—and, in many cases, impossible-- for a landowner to make such a donation. I urge you to thoughtfully consider the adverse affects that legislation based on the Joint Committee on Taxation's recommendations would have on landowners who would like to preserve their land for the enjoyment of future generations of Californians. Your leadership in acting to defeat these recommendations would rtainly be of great service to the citizens of California and to the preservation of natural environment. Si erely, L. Craig Britton General Manager cc: Rand Wentworth,President Land Trust Alliance Midpeninsula Regional Open Space District, Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org Web site:www.openspace.org L OFRFEs, Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Han ko,Larry Hassett,Kenneth C.Nitz • Genera!Manager:L.Craig Britton Claims No 05-07 Meeting 05-07 Date 4/13/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2441 $290.55 Accents&Artech Lamination Supplies 2442 $2,100.00 AccounTemps Office Temp 2443 $368.26 Acme&Sons Sanitation Sanitation Services 2444 $238.71 ADT Security Services Burglar Alarm Service 2445 $908.37 All Chemical Disposal,Inc. Waste Disposal 2446 $341.42 All Laser Service Printer Service&Toner Cartridges 2447 $2,041.26 All Premium Promotional Products Volunteer Uniforms&Tablecloths 2448 $568.49 '1 All Premium Promofional Products Order Deposit-Art&Wine Giveaways 2449 $35.00 Allen's Press Clipping Bureau Clipping Service 2450 $422.22 Allied Auto Works Vehicle Service and Repair 2451 $447.83 American Red Cross CPR TrainingSupply PP Y 2452 $415.68 AppleOne Office Temp 2453 $86.00 Bill's Towing&Recovery Tow Truck Fees 2454 $141.24 Brim Tractor Company,Inc. Tractor Accessories 2455 $26,808.00 California Conservation Corps Trail Restoration-ECDM 2456 $2,562.74 California Custom Trailers Trailer&Jack Stand 2457 $200.81 California Water Service Company Water Service 2458 $175.00 CAPIO Membership Fee-Rudy Jurgensen 2459 $127.35 Carlson,Kerry Reimbursement-Uniform Expense 2460 $75,780.00 Casey Construction Pulgas Ridge Staging Area Project 2461 $1.09 City of Palo Alto Utilities Utility Fee-Monte Bello Road 2462 $40.00 '2 City of San Jose Workshop Registration-Vu,Lenington 2463 $85.08 CMC Rescue Inc Rope Rescue Equipment 2464 $297.29 Correia,Anthony Reimbursement-Uniform 2465 $641.44 Costco Supplies 2466 $125.00 Costco Membership Fee 2467 $2,547.87 '3 County of Santa Clara--Dep.Of Env. Permits-Hazardous Material Health 2468 $2,300.00 County of Santa Clara--Fiscal Basemap License Fee Services 2469 $130.76 Cy Tool Co.Inc. Field Supply-FFO 2470 $2,310.23 David Weintraub Promotional Fees-District Trail Guide Book 2471 $2,493.45 Dawn Reis Wildlife Assessment Fee-Big Dipper 2472 $3,440.10 Deborah Mills Business Cards,Envelopes,&Brochures 2473 $55.00 Del Rey Building Maintenance Repair Fee-Distel Circle Building 2474 $263.95 Delta Scientific Corporation Traffic Barriers 2475 $3,864.53 '4 Design Concepts Graphic Design Services-Brochures 2476 $302.28 Design Signs Reflective Lettering-SFO Gates 2477 $93.38 Direct Safety Company Safety Signs-SFO 2478 $60.00 Downing,Brendan Reimbursement-Cell Phone 2479 $18,180.85 EDAW,Inc. Master Plan Contract Services-Sierra Azul&Bear Creek Redwood OSP 2480 $651.65 Ergo Vera Ergonomic Evaluations 2481 $95.00 Farwell,Stu Consulting Fee-Permit i Page 1 of 5 Claims No 05-07 Meeting 05-07 Date 4/13/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2482 $9,285.33 *5 First Bankcard Conferences&Training-2371.29,Meals-317.91, Building Permit-3670.98,Computer-847.43,Flags- 153.90,Field Supply-1016.40,Postage-259.00,Legal On-line Subscription-648.42, 2483 $68.85 Freeman,Matt Mileage Reimbursement 2484 $56.07 G&K Service Shop Towel Service-SFO&FFO 2485 $1,184.48 Galls Incorporated First Aid Supplies 2486 $1,160.05 Gardenland Power Equipment Field Supplies&Equipment-SFO 2487 $6,611.28 General Graphics Exhibits Graphic Design Services 24118 $160,00 GeoLine Office Supply 2489 $11,183.96 Global Steel Fabricators,Inc. Steel Pipe Gates-FFO 2490 $111.98 Goodco Press,Inc. Printing Services-Business Cards 2491 $344.89 Grainger,Inc. Field Supplies-SFO 2492 $882.56 Granite Construction Company Disposal Service-El Corte Madera 2493 $2,067.86 *6 Granite Rock Company Base Rock-Big Dipper 2494 $3,217.50 Greg's Trucking Service,Inc. Rock Delivery-Skyline Ridge 2495 $117.85 Guzman,Ben Reimbursement-Uniform Expense 2496 $1.484.76 *7 Half Moon Bay Wood Stoves Wood Stove-SFO Ranger Residence 2497 $1,002.34 *8 HBC Repair&Set Up-FFO Voice Mail 2498 $1,182.77 *9 HBC Repair&Program -FFO Phone 2499 $2,816.05 Home Depot,Inc. Field Supplies&Equipment 2500 $454.65 Interstate Traffic Control Product Sign Posts 2501 $18.30 Lab Safety Supply Field Supplies 2502 $228.40 Lausten,Tom Reimbursement-Uniform Expense 2503 $15,650.64 LFR Levine Fricke Engineering&Design Services-Pulgas Ridge 2504 $541.64 Los Altos Garbage Co. Refuse Services 2505 $70.88 Macke Water Systems,Inc. Lease Agreement-Water Dispenser 2506 $116.00 Manager's Edge Annual Subscription-H/R 2507 $127.33 McKowan,Paul Reimbursement-Volunteer Supplies 2508 $119.92 MegaPath Networks Internet Connection-DSL Line-FFO 2509 $2,126.71 MetroMobile Communications Radio Services 2510 $151.57 Miller,Ken Reimbursement-Uniform Expense 2511 $2,215.06 Minton's Lumber&Supply Field Supply 2512 $469.75 Moffett Supply Company Sanitation Services-SFO 2513 $252.58 Moore Medical Corp. Field Supply 2514 $18.00 Mountain View Los Altos Union High Fingerprinting-New Recruit School District 2515 $305*62 Newbum,Michael Tuition Reimbursement 2516 $3,858.00 Old Republic Title Company Title&Escrow Fee-POST Forde Acquistion 2517 $2,249,000.00 ## Old Republic Title Company Land Acquistion-POST Forde Property 2518 $1,000.00 *10 Old Republic Title Company Deposit-POST Forde Purchase 2519 $1.047.26 Orchard Supply Hardware Field Equipment&Supplies 2520 $550.00 Orrin W.Chrisman Jr. Website Contractors 2521 $874.58 Pacific Coast Seed,Inc. Seed-ECdM Restoration Page 2 of 5 Claims No 05-07 Meeting 05-07 Date 4/13/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2522 $16,189.14 Pacific Watershed Associates,Inc. Trail&Road Assessment-Skyline Ridge&Long Ridge OSP 2523 $599.47 Peninsula Digital Imaging Printing Services 2524 $1,012.52 Pine Cone Lumber Lumber 2525 $28.72 Rancho Ace Hardware&Garden Shop Field Supplies 2526 $7,740.00 Ray Budzinski Consulting Services-Big Dipper Ranch 2527 $3,737.00 Redwood Mechanical&Plumbing Co. Heater Installation-Hosking Barn 2528 $331.89 Reed&Graham,Inc. Rice Straw Bales for Trail Restoration 2529 $2,435.59 Rice Trucking-Soil Farm Rock Delivery-ECdM Erosion Control 2530 $15,049.98 Richard Seever Pig Control Services-Annual Set-Up/Tear Down&I Mo. 2531 $37.42 Robert's Hardware Field Supplies 2532 $32.43 Roessler,Cindy Reimbursement-3 month cell phone 2533 $38.05 RV Cloud Plumbing Supplies 2534 $179.15 Safety Kleen Oil Recycling&Solvent Tank Service 2535 $123.16 San Jose Boiler Works,Inc. Annual Boiler Inspection&Cleaning-AO. 2536 $217.10 San Jose Mercury News Legal Ad. 2537 $672.00 San Jose State University Tuition Fee-Prop.Evidence Course 2538 $588.84 San Jose Water Company Water Service 2539 $144.00 San Mateo Co.Public Health Lab. Tick Testing 2540 $25.00 *11 San Mateo County Clerk-Recorder Recording Fee 2541 $265.68 Sanguinetti,David Reimbursement-Cell phone,Uniform 2542 $1,341.00 Santa Clara County-Dept.of Env. Flammable Gas and Hazardous Fee-FFO Health 2543 $348.74 SBC Telephone Service 2544 $2,210.00 Shoreline Printing&Graphics,Inc. Printing Services-Newsletters 2545 $154.95 Skyline County Water District Water Service 2546 $2,594.31 *12 Stevens Creek Quarry,Inc. Base Rock 2547 $2,111.96 Summit Uniforms Uniform Expense 2548 $149.72 Tadco Supply Janitorial Supplies 2549 $1,264.18 The Workingman's Emporium Uniforms 2550 $60.00 Thielfoldt,Sally Reimbursement-3 month Cell Phone 2551 $247.92 Tires on the Go Tires&Tire Repair 2552 $68.06 Tony&Albas Pizza Local Business Meetings 2553 $82.50 Topley,David Reimbursement-Training 2554 $144.00 TriForce Solutions,Inc. Postage Meter Supplies 2555 $727.75 Turf&Industrial Equipment Co. Vehicle Supplies 2556 $27.38 United Parcel Service Parcel Shipping 2557 $1,250.29 United Rentals Highway Tech. Signs 2558 $6,000.00 United States Postmaster Postage 2559 $250.00 *13 USPS Postage-Newsletters 2560 $321.91 Verizon Cellular Phone Service 2561 $38.58 Verizon Pager Service 2562 $134.06 Vu,Douglas Reimbursement-Sewer Discharge Permit 2563 $423.52 West Payment Center On-Line Legal Subscription 2564 $123.04 Woodbury,Cathy Mileage Reimbursement-March Page 3 of 5 Claims No 05-07 Meeting 05-07 Date 4/13/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2565 $275.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 2566 $167.37 Xpedite Systems,Inc. Fax Broadcast System Services-March 2567 R $1,050.00 AccounTemps Office Temp-Accounting 2568 R $60.57 Barron Park Supply Co. Drinking Fountain Bubbler Head-Deer Hollow Farm 2569 R $36.00 Bay Nature 2-Year Subscription-Public Affair Dept. 2570 R $126.23 BFI Garbage Service 2571 R $109.44 Britton,L.Craig Reimbursement-Business Meeting Expense 2572 R $183.43 California Water Service Company Water Service 2573 R $834.00 Camino Medical Group Medical Services 2574 R $134.40 Costco Kitchen Supplies-Coffee Beans 2575 R $52.00 County of Santa Clara-Fiscal Medical Services Services 2576 R $120.73 Federal Express Express Mailing 2577 R $318.26 FedEx Kinko's Copies-Oak Brochures,La Honda Reports 2578 R $11.37 Foster Brothers Keys-SFO 2579 R $57.02 G&K Service Shop Towel Service 2580 R $110.71 Gardenland Power Equipment Field Supplies&Equipment-FFO 2581 R $125.00 Gustav W.Verderber License of Photo 2582 R $1,249.71 Home Depot,Inc. Field Supplies&Equipment 2583 R $289.48 HSBC Business Solutions Pressure Washer Accessories-SFO 2584 R $1,780.00 Johnson&Associates Compensation Survey 2585 R $300.00 Lance Bayer Training Fee-Legal Update 2586 R $1,092.48 Langley Hill Quarry Base Rock for SFO,La Honda,Skyline Ridge 2587 R $424.40 Legislative Intent Service Legal Services-A.G.Questions 2588 R $498.10 Office Max Office Supplies 2589 R $1,220.00 Old Republic Title Company Title&Escrow Fee-POST Forde Acquistion 2590 R $31.40 Orchard Supply Hardware Field Equipment&Supplies 2591 R $41.29 Paterson,Loro Reimbursement-Uniform Expense 2592 R $371.14 Peninsula Digital Imaging Printing-Copies of Plans 2593 R $205.22 Peninsula Open Space Trust Reimbursment-Property Tax on Hunt Gift 2594 R $522.51 Petty Cash Conference&Training Expense,Office&Field Supplies, Mileage Reimbursement,Office Supplies, Uniform Expenses,Meeting Expense 2595 R $7.33 Rancho Hardware&Garden Shop Field Supply 2596 R $39.02 Rayne Water Conditioner Rental 2597 R $195.11 Recreational Equipment,Inc. Uniform 2598 R $1,309.40 SBC Telephone Service 2599 R $637.77 Sears Field Supplies 2600 R $8,245.00 Summit Springs Design Repair-Dyer Water Tank 2601 R $194.85 Summit Uniforms Uniform Expense 2602 R $64.00 Terminix Bimonthly Pest Control-District Office 2603 R $150.90 Tony&Albas Pizza Local Business Meeting 2604 R $250.00 *14 United States Postmaster Postage 2605 R $935.40 Western Press&Mail Mailing House Services-FY 04/05 2606 R $259.08 Workingman's Emporium Uniforms Page 4 of 5 Claims No 05-07 Meeting 05-07 Date 4/13/05 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $2,567,779.48 `1 Urgent Check Issued 03/31/05 `2 Urgent Check Issued 03/31/05 "3 Urgent Check Issued 03/30/05 '4 Urgent Check Issued 03/24/05 `5 Urgent Check Issued 03/30/05 '6 Urgent Check Issued 04/04/05 '7 Urgent Check Issued 03/31/05 `8 Urgent Check Issued 03/24/05 '9 Urgent Check Issued 03/24/05 *10 Urgent Check Issued 03/24/05 11 Urgent Check Issued 04/06/05 *12 Urgent Check Issued 03/31/05 *13 Urgent Check Issued 04/07/05 *14 Urgent Check Issued 04/11/05 ## In the event agenda item is not approved,this claim will not be processed i Page 5 of 5 Claims No 05-07 Meeting 05-07 Date 4/13/05 Midpeninsula Regional Open Space District # Amount Name Description 2441 $290.55 Accents&Artech Lamination Supplies 2442 $2,100.00 AccounTemps Office Temp 2443 $368.26 Acme&Sons Sanitation Sanitation Services 2444 $238.71 ADT Security Services Burglar Alarm Service 2445 $908.37 All Chemical Disposal,Inc. Waste Disposal 2446 $341.42 All Laser Service Printer Service&Toner Cartridges 2447 $2,041.26 All Premium Promotional Products Volunteer Uniforms&Tablecloths 2448 $568.49 *1 All Premium Promotional Products Order Deposit-Art&Wine Giveaways 2449 $35.00 Allen's Press Clipping Bureau Clipping Service 2450 $422.22 Allied Auto Works Vehicle Service and Repair 2451 $447.83 American Red Cross CPR Training Supply 2452 $415.68 AppleOne Office Temp 2453 $86.00 Bill's Towing&Recovery Tow Truck Fees 2454 $141.24 Brim Tractor Company,Inc. Tractor Accessories 2455 $26,808.00 California Conservation Corps Trail Restoration-ECDM 2456 $2,562.74 California Custom Trailers Trailer&Jack Stand 2457 $200.81 California Water Service Company Water Service 2458 $175.00 CAPIO Membership Fee-Rudy Jurgensen 2459 $127.35 Carlson,Kerry Reimbursement-Uniform Expense 2460 $75,780.00 Casey Construction Pulgas Ridge Staging Area Project 2461 $1.09 City of Palo Alto Utilities Utility Fee-Monte Bello Road 2462 $40.00 *2 City of San Jose Workshop Registration-Vu,Lenington 2463 $85.08 CMG Rescue Inc Rope Rescue Equipment 2464 $297.29 Correia,Anthony Reimbursement-Uniform 2465 $641.44 Costco Supplies 2466 $125.00 Costco Membership Fee 2467 $2,547.87 *3 County of Santa Clara--Dep.Of Env. Permits-Hazardous Material Health 2468 $2,300.00 County of Santa Clara--Fiscal Basemap License Fee Services 2469 $130.76 Cy Tool Co.Inc. Field Supply-FFO 2470 $2,310.23 David Weintraub Promotional Fees-District Trail Guide Book 2471 $2,493.45 Dawn Reis Wildlife Assessment Fee-Big Dipper 2472 $3,440.10 Deborah Mills Business Cards,Envelopes,&Brochures 2473 $55.00 Del Rey Building Maintenance Repair Fee-Distel Circle Building 2474 $263.95 Delta Scientific Corporation Traffic Barriers 2475 $3,864.53 *4 Design Concepts Graphic Design Services-Brochures 2476 $302.28 Design Signs Reflective Lettering-SFO Gates 2477 $93.38 Direct Safety Company Safety Signs-SFO 2478 $60.00 Downing,Brendan Reimbursement-Cell Phone 2479 $18,180.85 EDAW,Inc. Master Plan Contract Services-Sierra Azul&Bear Creek Redwood OSP 2480 $651.65 Ergo Vera Ergonomic Evaluations 2481 $95.00 Farwell,Stu Consulting Fee-Permit Page 1 of 4 Claims No 05-07 Meeting 05-07 Date 4/13/05 Midpeninsula Regional Open Space District # Amount Name Description 2482 $9,285.33 *5 First Bankcard Conferences&Training-2371.29,Meals-317.91, Building Permit-3670.98,Computer-847.43,Flags- 153.90,Field Supply-1016.40,Postage-259.00,Legal On-line Subscription-648.42, 2483 $68.85 Freeman,Matt Mileage Reimbursement 2484 $56.07 G&K Service Shop Towel Service-SFO&FFO 2485 $1,184.48 Galls Incorporated First Aid Supplies 2486 $1,160.05 Gardenland Power Equipment Field Supplies&Equipment-SFO 2487 $6,611.28 General Graphics Exhibits Graphic Design Services 2488 $160.00 GeoLine Office Supply 2489 $11,183.96 Global Steel Fabricators,Inc. Steel Pipe Gates-FFO 2490 $111.98 Goodco Press,Inc. Printing Services-Business Cards 2491 $344.89 Grainger,Inc. Field Supplies-SFO 2492 $882.56 Granite Construction Company Disposal Service-El Corte Madera 2493 $2,067.86 *6 Granite Rock Company Base Rock-Big Dipper 2494 $3,217.50 Greg's Trucking Service,Inc. Rock Delivery-Skyline Ridge 2495 $117.85 Guzman,Ben Reimbursement-Uniform Expense 2496 $1,484.76 *7 Half Moon Bay Wood Stoves Wood Stove-SFO Ranger Residence 2497 $1,002.34 *8 HBC Repair&Set Up-FFO Voice Mail 2498 $1,182.77 *9 HBC Repair&Program -FFO Phone 2499 $2,816.05 Home Depot,Inc. Field Supplies&Equipment 2500 $454.65 Interstate Traffic Control Product Sign Posts 2501 $18.30 Lab Safety Supply Field Supplies 2502 $228.40 Lausten,Tom Reimbursement-Uniform Expense 2503 $15,650.64 LFR Levine Fricke Engineering&Design Services-Pulgas Ridge 2504 $541.64 Los Altos Garbage Co. Refuse Services 2505 $70.88 Macke Water Systems,Inc. Lease Agreement-Water Dispenser 2506 $116.00 Manager's Edge Annual Subscription-H/R 2507 $127.33 McKowan,Paul Reimbursement-Volunteer Supplies 2508 $119.92 MegaPath Networks Internet Connection-DSL Line-FFO 2509 $2,126.71 MetroMobile Communications Radio Services 2510 $151.57 Miller,Ken Reimbursement-Uniform Expense 2511 $2,215.06 Minton's Lumber&Supply Field Supply 2512 $469.75 Moffett Supply Company Sanitation Services-SFO 2513 $252.58 Moore Medical Corp. Field Supply 2514 $18.00 Mountain View Los Altos Union High Fingerprinting-New Recruit School District 2515 $305.62 Newbum,Michael Tuition Reimbursement 2516 $3,858.00 Old Republic Title Company Title&Escrow Fee-POST Forde Acquistion 2517 $2,249,000.00 ## Old Republic Title Company Land Acquistion-POST Forde Property 2518 $1,000.00 *10 Old Republic Title Company Deposit-POST Forde Purchase 2519 $1,047.26 Orchard Supply Hardware Field Equipment&Supplies 2520 $550.00 Orrin W.Chrisman Jr. Website Contractors 2521 $874.58 Pacific Coast Seed,Inc. Seed-ECdM Restoration Page 2 of 4 Claims No 05-07 Meeting 05-07 Date 4/13/05 Midpeninsula Regional Open Space District # Amount Name Description 2522 $16,189.14 Pacific Watershed Associates,Inc. Trail&Road Assessment-Skyline Ridge&Long Ridge OSP 2523 $599.47 Peninsula Digital Imaging Printing Services 2524 $1,012.52 Pine Cone Lumber Lumber 2525 $28.72 Rancho Ace Hardware&Garden Shop Field Supplies 2526 $7,740.00 Ray Budzinski Consulting Services-Big Dipper Ranch 2527 $3,737.00 Redwood Mechanical&Plumbing Co Heater Installation-Hosking Barn 2528 $331.89 Reed&Graham,Inc. Rice Straw Bales for Trail Restoration 2529 $2,435.59 Rice Trucking-Soil Farm Rock Delivery-ECdM Erosion Control 2530 $15,049.98 Richard Seaver Pig Control Services-Annual Set-Up/Tear Down&1 Mo. 2531 $37.42 Robert's Hardware Field Supplies 2532 $32.43 Roessler,Cindy Reimbursement-3 month cell phone 2533 $38.05 RV Cloud Plumbing Supplies 2534 $179.15 Safety Kleen Oil Recycling&Solvent Tank Service 2535 $123.16 San Jose Boiler Works,Inc. Annual Boiler Inspection&Cleaning-AO. 2536 $217.10 San Jose Mercury News Legal Ad. 2537 $672.00 San Jose State University Tuition Fee-Prop.Evidence Course 2538 $588.84 San Jose Water Company Water Service 2539 $144.00 San Mateo Co.Public Health Lab. Tick Testing 2540 $25.00 *11 San Mateo County Clerk-Recorder Recording Fee 2541 $265.68 Sanguinetti,David Reimbursement-Cell phone,Uniform 2542 $1,341.00 Santa Clara County-Dept.of Env. Flammable Gas and Hazardous Fee-FFO Health 2543 $348.74 SBC Telephone Service 2544 $2,210.00 Shoreline Printing&Graphics,Inc. Printing Services-Newsletters 2545 $154.95 Skyline County Water District Water Service 2546 $2,594.31 *12 Stevens Creek Quarry,Inc. Base Rock 2547 $2,111.96 Summit Uniforms Uniform Expense 2548 $149.72 Tadco Supply Janitorial Supplies 2549 $1,264.18 The Workingman's Emporium Uniforms 2550 $60.00 Thielfoldt,Sally Reimbursement-3 month Cell Phone 2551 $247.92 Tires on the Go Tires&Tire Repair 2552 $68.06 Tony&Albas Pizza Local Business Meetings 2553 $82.50 Topley,David Reimbursement-Training 2554 $144.00 TriForce Solutions,Inc. Postage Meter Supplies 2555 $727.75 Turf&Industrial Equipment Co. Vehicle Supplies 2556 $27.38 United Parcel Service Parcel Shipping 2557 $1,250.29 United Rentals Highway Tech. Signs 2558 $6,000.00 United States Postmaster Postage 2559 $250.00 •13 USPS Postage-Newsletters 2560 $321.91 Verizon Cellular Phone Service 2561 $38.58 Verizon Pager Service 2562 $134.06 Vu,Douglas Reimbursement-Sewer Discharge Permit 2563 $423.52 West Payment Center On-Line Legal Subscription 2564 $123.04 Woodbury,Cathy Mileage Reimbursement-March Page 3 of 4 i Claims No 05-07 Meeting 05-07 Date 4/13/05 Midpeninsula Regional Open Space District # Amount Name Description 2565 $275.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 2566 $167.37 Xpedite Systems,Inc. Fax Broadcast System Services-March Total $2,544,136.73 *1 Urgent Check Issued 03/31/05 *2 Urgent Check Issued 03/31/05 *3 Urgent Check Issued 3/30/105 *4 Urgent Check Issued 03/24/05 *5 Urgent Check Issued 3/30/05 *6 Urgent Check Issued 04/04/05 *7 Urgent Check Issued 03/31/05 *8 Urgent Check Issued 03/24/05 *9 Urgent Check Issued 03/24/05 *10 Urgent Check Issued 03/24/05 *11 Urgent Check Issued 04/06/05 *12 Urgent Check Issued 03/31/05 *13 Urgent Check Issued 04/07/05 ## In the event agenda item is not approved,this claim will not be processed i Page 4 of 4