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HomeMy Public PortalAbout20050622 - Agenda Packet - Board of Directors (BOD) - 05-13 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-13 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, June 22, 2005 330 Distel Circle, Los Altos, California AGENDA* Please Note: 6:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 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 the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, 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: Saratoga Country Club v. Midpeninsula Regional Open Space District, Santa Clara Superior Court Case No. l-04-CV-026822Conference with Legal Counsel—Existing Litigation, California Government Code § 54956.9(a) 2. 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 3. Conference with Legal Counsel— Existing Litigation,California Government Code § 54956.9(a) Name of Case: Fogarty v. Midpeninsula Regional Open Space District, Sail Mateo County Superior Court Case No. CIV441934 4. Name of Case—Citizens for Responsible Open Space v. San Mateo County LAFCo, MidpeninSUla, Regional Open Space District, Sail Mateo County Superior Court Case No. CIV442954 5. Conference with Legal Counsel —Anticipated Litigation; Initiation of Litigation under California Government Code § 54956.9(c): one case 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. Flassett ADOPTION OF CONSENT CALENDAR— L. Hassett APPROVAL OF MINUTES—April 6, 2005 and April 13, 2005 APPROVAL OF WRITTEN COMMUNICATIONS BOARD BUSINESS 7:40* 1 Presentation fi•om Coastal Conservancy Meeting 05-13 Page 2 8:10* 2 Adopt Amendments to the District's Resources Policies Chapter 7: Water Resources—K. Lenington 8:40* 3 Authorize General Manager to Execute Permit to Enter for the Purpose of Santa Clara County Fire Department to Conduct a Controlled "Training" Burn on the Rancho de Guadalupe Area of Sierra AZLJI Open Space Preserve for Training Purposes and to Enter Other Areas as Specified for Related Training Not InvolvinjL1,, Live Fire; Determine Recommended Actions are Cate goricqlly_Exempt Under CEQA—G. Baillie 8:50* 4 Authorize General Mannier to Execute License and Manahement Agreement with Peninsula Open Space"Trust(POST); Ado -Grand Funds from I labitat Conservation Fund Program for the Addition of the POST Property as an Addition to Purisima Creek Redwoods Open Space Preserve (Sail Mateo County Assessor's Parcel 066-240- 020); Determine Recommended Actions are Categorically Exempt Under CEQA—M. Williams 9:00* 5 Issuance of 2005 Refunding Promissory Delivery of Indenture, Escrow Agreement and Other Documents Related Thereto Required t Complete Issuance and Sale of$5 Million Reftindiru, Promissory Notes—M. Foster 6 Contract for DiWat,eh-Services with City Of Mountain View•, Authorize General Manager to Execute Agreement with City of Mountain View to Provide'I'WentY-foUr Hour Radio Dispatch Services for the Period ofJuly 12005 'through June 30, 2006 Not to Exceed $26.000—D. Topley REVISED CLAIMS 9:15* 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) 9:30* 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 oj'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. Regional Open Spce June 23, 2005 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Jenny Whitman 21405 Roaring Waterway Los Gatos, CA 95033 SUBJECT: Sierra Azul/Bear Creek Redwoods Open Space Preserve Master Plan Dear Ms. Whitman: Thank you for your letter of May 26, 2005 regarding the Bear Creek Stables operation as a component of the process for the Sierra Azul/Bear Creek Redwoods Master Plan Project. The Board of Directors reviewed your letter at its regular meeting on June 22, 2005. We appreciate your comments in support of Bear Creek Stables at Bear Creek Redwoods Open Space Preserve. The District has received a wealth of comments from the public, including equestrians who board horses at Bear Creek Stables, expressing their interest in retaining the existing stables operation. In fact, many of the participants at the April 4 public workshop provided written comments regarding their desire to continue the Bear Creak Stables operation. If interested, you can view these and other comments from the first workshop on our project website at www.openspace.org/masterplan. District staff is currently compiling and reviewing the public input received for the Master Plan project and will consider our input together with the natural resources information that has been Y p g collected for these properties when evaluating the potential challenges and opportunities for Bear Creek Stables. Thank you again for your letter. We look forward to your continued participation in the Master Plan process and hope that you will be able to attend our upcoming second public workshop scheduled for the late summer. The second workshop will present maps and summaries of the key challenges and opportunities regarding land management and visitor use. We also hope that you will be interested in participating at a future focus group meeting to discuss your particular concerns and desires to continue the horse stables operation at Bear Creek Redwoods Open Space Preserve. We will notify you shortly of the focus group meeting date. Sincerely, Larry Hassett, President Board of Directors LH:ar cc: MROSD Board of Directors 33o Distel Circle 650-6gi-12oo 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,Nanette Nanko,Larry Nassett,Kenneth C.Nitz L.Craig Britton Regional Open SP*e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 23, 2005 C. Lee McKenzie 221436 Roaring Water Way Los Gatos, CA 95033 SUBJECT: Sierra Azul/Bear Creek Redwoods Open Space Preserve Master Plan Dear C. Lee McKenzie: Thank you for your letter of June 4, 2005 regarding the Bear Creek Stables operation as a component of the process for the Sierra Azul/Bear Creek Redwoods Master Plan Project. The Board of Directors reviewed your letter at its regular meeting on June 22, 2005. We appreciate your comments in support of Bear Creek Stables at Bear Creek Redwoods Open Space Preserve. The District has received a wealth of comments from the public, including equestrians who board horses at Bear Creek Stables, expressing their interest in retaining the existing stables operation. In fact, many of the participants at the April 4 public workshop provided written comments regarding their desire to continue the Bear Creak Stables operation. If interested, you can view these and other comments from the first workshop on our project website at www.openspace.org/masterplan. District staff is currently compiling and reviewing the public input received for the Master Plan project and will consider your input together with the natural resources information when evaluating the potential challenges and opportunities for Bear Creek Stables. Thank you again for your letter. We look forward to your continued participation in the Master Plan process and hope that you will be able to attend our upcoming second public workshop scheduled for the late summer. The second workshop will present maps and summaries of the key challenges and opportunities regarding land management and visitor use. We also hope that you will be interested in participating at a future focus group meeting to discuss your particular concerns and desires to continue the horse stables operation at Bear Creek Redwoods Open Space Preserve. We will notify you shortly of the focus group meeting date. Sincerely, Larry Hassett, President Board of Directors LH:ar cc: MROSD Board of Directors 33o Distel Circle 650-691-1200 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 JUN ()7 2005 q (-,j i i o ICS-1 R I eT June 4, 2005 221436 Roaring Water Way Los Gatos, CA 95033 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Board Members: I appreciate your giving me the opportunity to voice my concerns regarding the use of public lands in the Santa Cruz Mountain area where I live. I urge the committee not to ignore Bear Creek Stables in its master plan and to allow it to continue its low-keyed, family-oriented operation. The private boarding facilities, mountain trail access, and educational opportunities for our children have been a significant asset to our community. It would be a terrible and permanent loss if this stable were to disappear. C. Lee McKenzie Aldercroft Heights RECEIVED Jenny Whitman 21406 Roaring Waterway MAY 2 7 DO Los Gatos, CA 95033 408-353-2121 M � jREGIONAL �, SPACE Wj . Pete Siemens, Board of Directors 330 Distel Circle Los Altos, CA 94022 May 26, 2005 Dear Mr. Siemens, Thank you for your willingness to donate your time and energy to be on the board of directors for Midpeninsula Open Space. POST and Midpen have done an amazing job protecting this beautiful land around us. When Midpen held the first public planning session for Bear Creek Redwoods and Sierra Azul back in April I felt that this was a once-in-a-lifetime opportunity for the community to work together with Midpen to help shape the future use of these beautiful preserves for ourselves and for our children. I currently board my horse at Bear Creek Stables and so I have been very fortunate in that I have been able to enjoy the Bear Creek Redwoods for many years now. Bear Creek Stables is a 100-year-old family-run 72 horse boarding facility. It is located on the Bear Creek Redwoods parcel. The ranch leases about 15 acres of land from Midpen. Glenda Smith, the ranch owner, has run the stables for over eight years and has done an amazing job upgrading the facility and creating a friendly, wholesome place for families to enjoy. In fact, Glenda is currently pursuing educational classes on environmental protection. She is also working with a conservation group to further preserve the wildlife habitat and watershed areas that surround the ranch. As you know, last year Midpen interviewed several mountain residents, called 'stakeholders', to create a Preliminary List of Key Issues for their master plan. Although Glenda Smith and her husband, Paul, were two of the stakeholders interviewed, there was no mention of Bear Creek Stables on this Preliminary list. In fact, there is no mention of the stables anywhere in the Midpen literature. This omission greatly concerns me. When the stable's fate was brought up at the public meeting on April 0 2005, Midpen mentioned only that they are considering equestrian use. "Equestrian use"does not necessarily mean that they want the ranch to stay. Indeed, I have heard that they have closed at least one other ranch on their other properties. When I spoke to Ana Ruiz by phone on May 13`h, she reassured me that because of public interest, the stables would be added to the Preliminary List by the following week. The ranch is not a large source of income for Glenda. She has purposely kept the rent below market rates so that families can afford to keep their horses there. If the ranch closes, there will be horses, many of them on in years, with no place to go that will probably have to be put down. I think that it is very important to view the ranch as the community asset that it is, instead of as a special interest group that benefits a select few. I have personally witnessed families that do not own horses benefit from the ranch. For the last two years, I have taken two boys horseback riding every week on the trails. Their father has been very sick with cancer and it is an opportunity for them to get away from the sadness and heaviness of their lives and just be children. There is no pressure to perform; they can just hang out at the ranch and relate to these wonderful creatures. Also, last year a local family was involved in a terrible car crash in which the father was killed outright. The mother and her two-year old daughter were terribly traumatized. Without hesitation, the community at Bear Creek Stables embraced this unfortunate family. The mother was given a safe horse to help care for and ride. It has been an extremely important part of her healing process. Because of the horse community, Bear Creek Stables is a safe place for children to experience nature and horses. In fact, the Mountain School has organized two field trips to bring preschool children to the ranch. They would like to plan more field trips for next year. Tracy Halgren, one of the mothers from mountain school and also POST volunteer-of-the-year, brings her son regularly to visit and feed the horses. If the ranch closes, opportunities such as these will be gone forever. "Gameboys"cannot replace the memories that these children are making. I hope that you and the other board of directors are willing to meet with representatives from Bear Creek Stables to discuss the stable's future. I think that the board will be impressed by the willingness of the stable community to continue to work with MidPen towards protecting and preserving the Bear Creek Redwoods. I am forwarding copies of this letter to Ana Ruiz, Glenda Smith, Tracy Halgren and Donald Gage, my county supervisor in order to keep them informed about our discussions concerning the future of the ranch. Sincerely, Cc: Ana Ruiz Glenda Smith Tracy Halgren Donald Gage Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-68 Meeting 05-13 June 22, 2005 AGENDA ITEM I AGENDA ITEM I Presentation by the Coastal Conservancy GENERAL MANAGER'S RECOMMENDA No formal action is necessary. I DISCUSS ON Tim Duff, Project Manager of the Coastal Conservancy, will make a presentation and discuss the California coastal trails. Prepared by: L. Craig Britton, General Manager Contact person: Same as above I i Regional Open Space i R-05-69 M ENINSULA REGIONAL OPEN SPACE DISTRICT � C � Meeting 05-13 C�i June 22, 2005 M s AGENDA ITEM 2 AGENDA ITEM Adopt Amendments to the District's Resource Maria ment Policy Chapter 7: Water Resources GENERAL MANAGER'S RECOMM N Adopt the attached amendments to the District's Resource Management Policy Chapter 7: Water Resources. DISCUSSION The Board of Directors held a special meeting on March 30, 2005 during which time proposed amendments to the Water Resources chapter of the District's Resource Management Policy were discussed. Revisions to this chapter are proposed to better reflect the current state of the art of resource management and to better meet the District's goals for water quality, fisheries, and pond p management. This special meeting represented the first in what is envisioned as a series of g special meetings the Board will hold to review and revise the Resource Management Policy document according to a prioritized list of issues identified during an initial workshop. The revisions to the Water Resources chapter are presented in two versions to facilitate review; a strikeout/underline version and a"final" version with the text revisions already in place. Several revisions to the document were suggested by the Board that required a re-formatting of text. The first suggestion was to include sidebar discussions of concepts mentioned in the main body of the text. These sidebars provide clarification to certain concepts and are generally located adjacent to the pertinent section of the text. Several questions were also raised regarding the definitions of terms used within the text. Therefore, a glossary has been added and will be expanded as subsequent chapters are revised. CEQA COMPLIANCE This project is the revision of resource management policies specific to the District's management of water resources. The District concludes that adoption of the policy revisions will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under sections 15301, 15304, 15306, 15330 and 15333 of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, or minor alteration of existing structures or facilities not expanding existing uses. i i R-05-69 Page 2 Section 15304 exempts minor alterations in the condition of the land, such as grading, gardening, and landscaping,that do not affect sensitive resources. Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities that do not result in major disturbances to an environmental resource. Section 15330 exempts minor actions to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of hazardous waste or substances. Section 15333 exempts small habitat restoration projects on five acres or less of land. Prepared by: Kirk Lenington, Resource Planner Contact person: Same as above Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-69 Meeting 05-13 June 22, 2005 AGENDA ITEM 2 AGENDA ITEM Adopt Amendments to the District's Resource Mana ment Policy Chapter 7: Water Resources GENERAL MANAGER'S RECOMM N to the District's Resource Management ment Policy Ch apter ter 7. Water Adopt the attached amendmentsg y p � Resources. DISCUSSION The Board of Directors held a special meeting on March 30, 2005 during which time proposed amendments to the Water Resources chapter of the District's Resource Management Policy were discussed. Revisions to this chapter are proposed to better reflect the current state of the art of resource management and to better meet the District's goals for water quality, fisheries, and pond management. This special meeting represented the first in what is envisioned as a series of special meetings the Board will hold to review and revise the Resource Management Policy document according to a prioritized list of issues identified during an initial workshop. The revisions to the Water Resources chapter are presented in two versions to facilitate review; a strikeout/underline version and a"final" version with the text revisions already in place. Several revisions to the document were suggested by the Board that required a re-formatting of text. The first suggestion was to include sidebar discussions of concepts mentioned in the main body of the text. These sidebars provide clarification to certain concepts and are generally located adjacent to the pertinent section of the text. Several questions were also raised regarding the definitions of terms used within the text. Therefore, a glossary has been added and will be expanded as subsequent chapters are revised. CEQA COMPLIANCE This project is the revision of resource management policies specific to the District's management of water resources. The District concludes that adoption of the policy revisions will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under sections 15301, 15304, 15306, 15330, and 15333, of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, or minor alteration of existing structures or facilities not expanding existing uses. R-05-69 Page 2 Section 15304 exempts minor alterations in the condition of the land, such as grading, gardening, and landscaping, that do not affect sensitive resources. Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities that do not result in major disturbances to an environmental resource. Section 15330 exempts minor actions to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of hazardous waste or substances. Section 15333 exempts small habitat restoration projects on five acres or less of land. Prepared by: Kirk Lenington, Resource Planner Contact person: Same as above Attachment A i i i i i l 1 6t93eF -----................................ ................................. WATER RES1111RGFS March 302005 DRAFT _ .. _ .__. ............. _WATER RESOURCES 7 WATER RESOURCES Water is one of the most important forces shaping habitats and biodiversity. District open space lands contai_n,,,,_a variety,_of water resources that include such,diverse, habitats_,as_freshwater_,wetlands._ and watercourses (Including._ponds_._.and.,.,seasonal_wetlands), salt_water tidal, wetlands-within, S�.a.n Francisco Bay., and...._groundwater...,_resources such as-..spnng-s ,,seeps, _and underground„aquifers grGundwater_..... (6pFings and seep6), freshwater (streams, ponds. I.... 6 FVG;F6', salt water tidal wet Bay), and seasonal wetlands. These water resources have natural, scenic, recreational, scientific, and educational values. In general, this policy,._will discuss,waters (sap_„ponds,_a_rtificial_impoundments and aquifers), watercourses (such as....streams and creeks), and...._wetlands , Theseterms are,_discu..ssed. further below. "Waters°'is,_a term that is broads,,.used_.to_describeallaquatic„systems. This olio-__defines._"waters_",._as areas of standing_water,.__both seasonal and.__perman_ent, such as_la_kes and pon-d_s_ as_well as__underground aquifers. ._"Watercourse"__is,_a,,,generic term used,__to,_define any.._land feature that conveys concentrated. water flow, regardless of whether the water flow,is„ephemeral intermittent or perennial. "Wetlands",are -14 d_istinguished_by the.._._.presence of,water,, either at the__surface___or within the_..._root zone.;2)�Wetla_nds have unique soil.__conditions,that differ_from adjacent uplands . _and suppartvegetation adapted_to... e wet conditions. Wetlands provide critical__functions._and provide_,habitat fora variety„of fish,__wildlife,,and giant species In California, wetlands of_all„types have been greatly, reduced in from their historic._ ___h extent and„are,bel_.ng.__r 0Klost.orad-verseiy__.i_mpacted.. Aletla-Rds are 4ands that are transitional - t�w n terrestrial and aq6iat;G Sy6teFRS, The- —ter table is- -usually--at-or-rear-44e.6u#ace;..or4and is-covered_-by.s . Same fund w4d4ife-and-dir o er , cleanse pollutants, provide ae6thetiG values, support uni e P14nt aSSOGiatiORG, and provide habitat for ma. y-ra��s Gf plants and wildlife. in Gal;fGFR;--, -1 all.types have been o afea f{�arx�.tke+ #�isteristert and are being rapidly lost or a-v rsely iMpaGted. Wetlands are lands that_are transitional between_terrestrial and aquatic_sy._st_ems. The water_table is usually ator near the surface,. or land covered shallow water. Some functions of wetlands include the following_.pro_.vide habitat_for fish andaguatic wildlife offer foraging_habitat or water... or terrestrial wildlife and birds,_..absorb flood. waters, reduce .eroslon._recharae aquifers,_cleanse__pollutants,_.provide aesthetic valuesy support unique�lant associations,._and_provide habitat for many rare species of_,plants and wildlife,..In California,_wetlands of allypes have__been�reatly_reduced in area from their historic extent and are being rapidly lost,or adversely impacted... Watersheds Within the District The._.Distrct's boundaries include 26.._major watersheds extending. from.._the Pacific Ocean in__San,_Mateo county ta.,,._the. baylands in San Mateo and Santa Clara Counties Many of District's lands are located within the headwaters of these watersheds. _....____......._..._......_...__.._....._.._._____._.._.._ _...._.._._..___..__.._.__.__._.__._...-...........................................__._.__.........._._.............___.___ T } €rariso Adc)bei Perrnanente; Stevens; Los Gatos� and Guadalupe Creeks. The headwaters are currently relativelyrbed yieldi Most preserve watersheds contain steep ridges and deep canyons typical of the Santa Cruz Mountains. Rainfall occurs mostly.__between_November and April_with_seasonal rainfall,totals..,_varying_greatly within the District The..greatest_rainfall,_quantities occur along _the._west facing _slope.s.._near____the summit of the mountain range where totals can reach_40,to 50,_inches per year, however, averages around 20.,to 30 inches pef_year_are more...typical........ atisn; Gem;ng as Fain mGstly between November and A Many smaller creeks and streams are intermittent, reflecting this seasonal distribution of rainfall. Winter flows are higher, especially during and immediately following storms. 13-1 n94 ............................................... ......................­­_­__­_­._._._.....­__.....................I................. WATER RESOURCE �Mar h_30, 201.05. P. R.A.F.7 ..................... ............­­­­........................... WATER RESOURCES, The Ovement Water flows t ..... +k- Soil, and in iii. eFgFeuRd r t�ah_'loc. PI t6 and allirrials aFe adapted to speGifiG mevernen of water, sediment, and 19 r area, A signifiGaRt ohaRge in any of thp;�P fa-t— may redUGe or eliminate- original SpeGies in favor of those better able to survive i.. the ne... GGnd.;t;c)n6. r-estor4nq hydrologio patterns is important in MaiRtainiRg healthy eGGSYSteM3,5. The-.cGr+djtjon.of soil a n d- v �-4-;- , ; ,R#ueRGes the ra -whic.14--w-a er moves as wolf_-as_4ts_q-uaW-and quant;4,,,. y leaf litter aGts as a rnuloh that helps absorb and -oRse ­4­ quate Goveir of vegetatiGR and vegetatiOR residue is the MGSt SUGGessful long terrn appFGaGh to GGntFGIIi--1 and quaRtity. The Influence of Water Movement Wale, flows in predictable patterns on the surface, through rocks,__ the soil, and in underground ...................................-....................­­ ­­­­­ ............. through..._...... ............. beneath­­­­ ­­­ ....... ...................I.- - ­1..........­1 water tables. Plants and animals are adapted to_specific movement oatterns of water, sediment, and ---------..... ..........- nutrients occurrinci in their area. A sicinificant chanae in anv of these factors may_reduce or eliminate ®riginal species in favor of those better able to survive in the new conditions. Maintaining and rest rin ...................... ............. _q hydr"lo t -erns is important in maintaining h ggo .stems. The condition of soil and vecietation influences the rate at which water moves as well as its_qYatfty__a.!!d quantity. Dry leaf litter acts as---s-a_m­u­_1'c',­h' that helps absorb r b-'a-in,d conserve rainwater. ,Maintaining a adequate v qetation and vecietation residue is the most successful Ion - 99............... _g-1 r.im.....a. op-roach to controlling erosion and maintaining water quality and quantity, Water Resource Issues .W.P.t.I.P.P.d.5 watercourses on the District's -open space lands orovide valuable and increasingly,_scprge habitat for.._a variety of native plant and animal species as well as many__soecial status species. Where . ..habitat.................I-- -......................... ..............-as_well species,,... ...............qq,qati _babitat is not d.i.rect,ly, .i)..r.e,s,,el,n,,t, o,.n--.D,,i-.s.,t,+r,i+c,t,.....,1,.a.,,n.ds.,.,_,ru,noff,,,f,r.o..m District I habitats ............... downstream,.�� a �_connection that should be recognized and preserved. Issues associated with the .preserved, ._associated.................. ... .... . management of water resources and water aualitv include managin _erosion and sedimentation, severe .............----resources- ­­­­­­+­­­­­­­_....................­­­­_­­­ . ....... erosion followinq wildland fire events-risk and- effe- , agr-icultural__runoff, pesticides-a-nd fertilizers, ­sept,ic syMm wastewater d.i..s.r..),Io.�s"a.+I.,�.�..al.n..d..".Ic..h p.11m..i.c.a-!.-...c..o..nllt.@..ml.i.nl.a.t.i..o-.n neighboring areas or-frorn for-mer P'se-of preserves lands. The goal of the District's water, resourqQs_�Iicies is to maintain natural water courses, wetlands, and hydr logic processes. This goall will be-attained through adherence to seven Policy statements: ................................. ---adherence, statements;, ....... 7.1 Protect surface and gr und.Wpt rI.slIll.f..r,o,.m.+�c.o,.n.�t.a"m,.i,n.�a,.t�i.o�.n.,, 7.2 Minimize interferen ge with natural flow-Of surface and gro. und water, 7.3 Determine and maintainUndeirstand aq#:pfqWA District water rights and utilization.. 7.4 Restore, maintain or enhance water qualitv on District open space lands. ........................................... ............. ...........------.......-.............__.......--------- lands. ............ 7.5 Monitor wate. r Quality inchuding sedim eiritabon and erosion. 7.6 Preserve and enhance fisheries habitats. 11--1.................... 7.7 Preserve and enhaQ_qqnd habitats. Wer the MG-tter 1;+ D;str�Gt4ar4d_s-#wAu4;_-- 13-2 Qptobef9-94--................................................................... _........................._................_........._..........................._.............. .— �nr-Y�°TE-R-RE-SOURG€S --- - _ _ �... . .. ._. March 30,..20fl5.QRAFT...._ . ..... ...... . .... .WATER RES„OURCE$. • Erosie t+et� ..... F4e Agrictufal-rurieffsRduag reof# er�a-IEv tree-faffns-#ae and fertilizers •.......... ,a.------ tl9fi fr t r#£?Fg 6fkre a s ry pr ve-E3r prc serve_ (�� •.__..' rT1ffi-.a-de'1 elopTTT�r TTt, ufGes_--Gf 7 Water Resources Goal: Protect and restore Nnatural water courses,wetlands and hydrologic processes Policies and Implementation Measures 7.1 Protect surface and ground waters from contamination. • Inventory existing facilities and uses that affect watercours...e...s,,..riparian areas,, and wetlands, and prepare plans for protection or restoration, as appropriate. • Research and pursue cleanup of potential sources of pollution, such as buried fuel tanks, improperly dumped or stored material, and faulty waste or drainage systems. Incor orate stormwater ollution revention ro ram ___STOPPP_..best_ mane ement........_ractices. _... ----.._.P. . _ . . .I 1--....... .._.....I?.._..._... '_O ._....._.p...._._g......._._._.�......_........._..._._.._._j __._ ..__ .._...9 ...... . p _.. (BMPs).at,staging„_areas. • Use self-contained sanitary facilities or place rest rooms where they cannot contaminate water sources. • Regulate and control activities having a high potential for pollution. 9 9 9 P 7.2 Minimize interference with natural flow of surface and ground water. • Manage human activities to control erosion--for example, abandon and where._feasible restore to a natural condition__paorly.designed or_.s..ited roads,..close certain trails to bicycle and equestrian use during the wet season, and route trails-_„away_frGm stream bank6_re-route_existing trails to minimize erosion and sediment_delive • Restore hydrologic processes altered by human activity by ista4irig-installing_.._erosion_._control materials and --structures, and removin culverts,... and drainage diversions_ .._where appropriate#easide, nd ins+, ;;^� er„si^n G„n+r.,i materials and StFUGtures, and using improved drainacie,structures that_mnimize,alteration of hydrology. • Minimize soil disturbance during all construction projects. _.. Site w .traiis_to, minim de very ize-...Potential._water pollution and stream bank erosion _and sediment • 13-3 GtGber-4.994_...................................................................... _......... �A/�6TTER RESOURCES C Cc March,30z._2005,_D_RAFT.._ _. ._ ..__ .... WATER R_ESG„URGES • If possible, construct trails, roads, king-stagingareas, and buildings so that streams are neither diverted nor interrupted, and runoff is not concentrated. Minimize creation of impermeable surfaces. • Identify and mitigate significant impacts of altered water flow on plants and animals, including aquatic organisms. 7.3 Understand—Determine and prated-maintain District water rights and utilization. • Identify existing uses of surface water on newly acquired open space lands, as part of the aegaisitian purchase process. Protect appropriative_and riparian water rights for appropriate and beneficial existing or possible future uses. • Monitor impacts to natural resources of water usage on by the_District and neighber+ag adjacent lands. j • Maintain steck onds or other water bodies as wildlife watering sources_as__ap.pro,prate.(see 5.2). • Comment on land use decisions affecting District water resources. Recommend and support measures to maintain natural water quality, channel flow, and sedimentation rates. •_ Provide technical assistance to secure water rights for the continuation or establishment of viable ._.. ....... _ _ agriculture.on District land consistent with.protection_ofsensitive habitats.. 7.4 Restore, maintain or enhance water quality on District lands. • Protect and enhance vegetation to improve watershed productivity and water quality. • Manage agricultural leases..,and,,._.ease ments to protect and enhance riparian areas and to maximize the protection or enhancement of water quality. • Regulate the nature and intensity of human useactivity on District la_nds.to protect water quality. • Inventory_and_assess roads and,trails._on_Dis...trict.la_nds to_identify_significant_erosion_and sediment sou_rces_..__Prioritize maintenance and road/trail, management based on_.most_._severe...,erosion_.and sed_Iment_del�very.sites, Monitor water uali and habitat ,iA- of aquatic habitatst�eamc and ^^nd5 containing spawnin,g,__breed ng, or_rearing._habitat,.for special status fish, reptile, and amphibian species,. Develo.p,_define_and_implement,best_management practices to protect water quality,. 7.5 Plan and manage District lands as watershed units. Monitor_sedime_nt.delivery_and._transport on District_oreserves located,within,watersheds,Identified as impaired by sedimentor s.u.p.portive_of special status animals requiring aquatic habitat. Coordinate with__agencies and oroanizations_ to establish volunteer-based monitoring__pra_gr rns_ Participate.in,rec_ional watershed management activities. 7.6 Preserve and enhance fisheries habitats. i i I 'i 13-4 ............. 4-994------................................. ------- WATER RESOURCES ................- March.30,29.0-5 DRAFT-1-11-1-............. • Inventory and assess stream reaches accessible to anadromous fisheries to identif� i ppoiments ...................--..............--..................................- .....................- -.......................-...........---- ......................... to--fish. passage,,,_and -for-h...a..b..i.ta.lt.......e.n..Ih..@..n..c..e.m.e.nt. Remove -art-ifi-pial-b-a-rders IP-As-h pqss?gg,,WO,e-r-e,removal-would enhance and rearing habitats. hance spawning and rearing habit I f rnative fisherie through restoration and !_______..________En Ii -- -- . ---- I - -.-I..........I.- ...................S................---...............- I.................I ............ nt !GtiGal. Prioritize restoration and enhancement of areas ..........= - .................. ........... .......... .............................. ............. .............. prcyj J-nq habila-t-tP Monitor sensitive fish soecies 000ulations on District lands. 1-11.................... ........... --................._.-.................. .......... ­­--.................................. ........... 7.7 Preserve and enhance pond habitats. Inventory and assess ponds to id n op portunities ies for habitat maintenance and.._..................enhancement.. .......................... 0............M.o.nitor...sensitive reptile and-amphibian,.populations-on--District-open space lands. • Preserve and habitats throuqh maintenance of artificial impp+Vp!Mepj..structures where.ppp� .......... I...........- 11--- 1.1-1--..throw................maintenance..... .................. ..................................... ... .............. prolvild-e habita.l fof,_s.e..n..s..i.tli.v.e..I.s.pgpjgs.._ 13-5 Attachment B i i I 7 WATER RESOURCES Water is one of the most important forces shaping habitats and biodiversity. District open space lands contain a variety of water resources that include such diverse habitats as freshwater wetlands and watercourses (including ponds and seasonal wetlands), salt water tidal wetlands within San Francisco Bay, and groundwater resources such as springs, seeps, and underground aquifers. These water resources have natural, scenic, recreational, scientific, and educational values. In general, this policy will discuss waters (sag ponds, artificial impoundments, lakes, and aquifers), watercourses (such as streams and creeks), and wetlands. These terms are discussed further below. The District uses the "wetland"definition jointly "Waters" is a term that is broadly used to describe all aquatic systems. This policy defines used by the U.S. Army Corps "Waters" as areas of standing water, both seasonal and permanent, such as lakes and of Engineers and the ponds, as well as underground aquifers. "Watercourse" is a generic term used to define Environmental Protection any land feature that conveys concentrated water flow, regardless of whether the water flow is ephemeral, intermittent or perennial. "Wetlands" are distinguished b the presence of Agency, the primary federal P p 9 Y p rY agencies with permit water, either at the surface or within the root zone. Wetlands have unique soil conditions authority over wetlands. This that differ from adjacent uplands and support vegetation adapted to wet conditions. definition is often referred to Wetlands provide critical functions and provide habitat for a variety of fish, wildlife, and plant as a "three parameter species. In California, wetlands of all types have been greatly reduced in area from their definition"because three key historic extent and are being rapidly lost or adversely impacted. factors(hydrology, soil, and vegetation) must all occur Wetlands are lands that are transitional between terrestrial and aquatic systems. The water and meet the defined table is usually at or near the surface, or land is covered by shallow water. Some functions characteristics in order for a of wetlands include the following: provide habitat for fish and aquatic wildlife, offer foraging location to be classified as a habitat or water for terrestrial wildlife and birds, absorb flood waters, reduce erosion, wetland. recharge aquifers, cleanse pollutants, provide aesthetic values, support unique plant associations, and provide habitat for many rare species of plants and wildlife. In California, wetlands of all types have been greatly reduced in area from their historic extent and are being rapidly lost or adversely impacted. Watersheds Within the District 2 major watersheds fr m the Pacific Ocean in The District's boundaries include 6 a o o The majority of the District's 1 land holdings are located in a San Mateo County to the baylands in San Mateo and Santa Clara Counties. Many of the few key watersheds—San District's lands are located within the headwaters of these watersheds. Y Gregorio, Pescadero, Most reserve watersheds contain steep ridges and deep canyons typical of the Santa Cruz t Guadalupe and San p p g p y G a Guadalupe upito Creeks. These Mountains. Rainfall occurs mostly between November and April with seasonal rainfall totals watersheds are subject to varying greatly within the District. The greatest rainfall quantities occur along the west facing slopes near the summit of the mountain range where totals can reach 40 to 50 inches per increasing regulation b g Y resource agencies and are year, however, averages around 20 to 30 inches per year are more typical. Many smaller priorities for watershed-wide creeks and streams are intermittent, reflecting this seasonal distribution of rainfall. Winter planning and restoration. flows are higher, especially during and immediately following storms. The Influence of Water Movement Water flows in predictable patterns on the surface, through rocks beneath the soil, and in underground water tables. Plants and animals are adapted to specific movement patterns of water, sediment, and nutrients occurring in their area. A significant change in any of these factors may reduce or eliminate original species in favor of those better able to survive in the new conditions. Maintaining and restoring hydrologic patterns is important in maintaining healthy ecosystems. The condition of soil and vegetation influences the rate at which water moves as well as its quality and quantity. Dry leaf litter acts as mulch that helps absorb and conserve rainwater. Maintaining an adequate cover of vegetation and vegetation residue is the most successful long-term approach to controlling erosion and maintaining water quality and quantity. 13-1 June 22. 2OU5 Water Resources � Wate~ -,source Issues VVedondo and watercourses on the District's open space lands provide valuable and increasingly scarce habitat for o variety of native plant and animal species as well as many special status species. Where aquatic habitat is not directly present nn District lands, runoff from District lands supports habitats downstream, aoonneotion that should be recognized � and preserved. Issues associated with the management of vvahor resources and vveher � quality include managing erosion and aedimenbaUon, severe erosion following vvi|d|ond fire evants, agricultural runoff, pesticides and fedi|izena, septic system wastewater disposal, and chemical contamination from neighboring areas or from former use of preserve lands. � The goal of the District's water resources policies is to maintain natural water courses, � vvet|mnda, and hydrologic processes. This goal will be attained through adherence toseven � Policy statements: 7.8 Protect surface and ground waters from contamination. � � 7.9 Minimize interference with natural flow ofsurface and ground water. � 7.10 Determine and maintain District water rights and utilization. 7.11 Reotoxe, maintain or enhance water quality on District lands. � 7.12P|an and manage District lands oswatershed units. � 7.13 Preserve and enhance fisheries habitats. 7.14Prooen/e and enhance pond habitats. 7 Water Resources Goal: Protect and restore natural water courses,wetlands and hydrologic processes Policies and Implementation Measures � � | 7'1 Protect surface and ground water from contamination. Contamination � is man-made � waste that has polluted the ° Inventory existing facilities and uses that affect watercourses, riparian areas, and � environ/nent/nakinVJitun/it wetlands, and prepare plans for protection or restoration, aoappropriate. � or unsafe. Examples include | deteriorated septic systems, ° Research and pursue cleanup ofpotential sources ofpollution, such as buried fuel � � underground storage tanks, tanks, improperly dumped or stored material, and faulty waste or drainage systems. � � leaking banuhznnens, and � bmahanddeb�a� ° Incorporate sbormvwaberpoUubon prevention program (ST�]PPP) best management � practices (BMPa)at staging areas. � � ° Use self-contained sanitary facilities or place rest rnorno where they cannot contaminate water sources. � � ° Regulate and control activities having o high potential for pollution. � 7'2 Minimize interference with natural flow of surface and ground water' � 13-2 June 22, 2005 Water Resources 7.2 Minimize interference with natural flow of surface and ground water. • Manage human activities to control erosion--for example, abandon and where feasible restore to a natural condition poorly designed or sited roads, close certain trails to bicycle and equestrian use during the wet season, re-route existing trails to Some of the District's minimize erosion and sediment delivery. properties contain legacy logging and ranching roads 0 Restore hydrologic processes altered by human activity by installing erosion control that were not designed or materials and structures, and removing culverts and drainage diversions where constructed for year-round appropriate, and usingimproved drainage structures that minimize alteration of use. These road systems hydrology. � �rology. can sometimes alter the flow of water across the land, Minimize soil disturbance during all construction projects. causing erosion and sediment problems due to Site new trails to minimize potential water pollution and stream bank erosion and concentrated runoff from li sediment delivery. winter rains. • If possible, construct trails, roads, staging areas, and buildings so that streams are neither diverted nor interrupted, and runoff is not concentrated. Minimize creation of impermeable surfaces. • Identify and mitigate significant impacts of altered water flow on plants and animals, including aquatic organisms. 7.3 Determine and maintain District water rights and utilization. Two types of surface water use are recognized under Identify existing uses of surface water on newly acquired open space lands, as part California law. appropriate of the purchase Process Protect apPr Pri tive and riparian water rights for rights and riparian rights. appropriate and beneficial existing of possible future uses Appropriative rights require a permit from the State Water p Monitor and document changes in water quality and quantity that impact natural Resources Control Board, resources on District lands. which grants the rights to remove water from stream- 0 Maintain ponds or other water bodies as wildlife watering sources as appropriate side areas for delivery to (see 5.2). parcels not adjacent to the watercourse. Riparian rights 0 Comment on land use decisions affecting District water resources. Recommend and are the rights of any owner of support measures to maintain natural water quality, channel flow, and sedimentation a parcel immediately rates. adjacent to a watercourse to take water for domestic and Provide technical assistance to secure water rights for the continuation or agricultural use. establishment of viable agriculture on District land consistent with protection of sensitive habitats. Restoration and enhancement are terms that 7.4 Restore, maintain or enhance water quality on District lands. are sometimes used interchangeably when Protect and enhance vegetation to improve watershed productivity and water quality. discussing habitat improvement projects. • Manage agricultural leases and easements to protect and enhance riparian areas Restoration refers to the and to maximize the protection or enhancement of water quality. process of returning habitats to land that has been 0 Regulate the nature and intensity of human activity on District lands to protect water degraded and disturbed. quality. Enhancement refers to the process of altering a habitat 0 Inventory and assess roads and trails on District lands to identify significant erosion to provide specific and sediment sources. Prioritize maintenance and road/trail management based on ecosystem functions that most severe erosion and sediment delivery sites. may be missing; typically to provide habitat for 13-3 endangered species. June 22, 2005 Water Resources 7.5 .an and manage District lands a,- atershed units. • Monitor sediment delivery and transport on District preserves located within watersheds identified as impaired by sediment or supportive of special status animals requiring aquatic habitat. • Coordinate with agencies and organizations to establish volunteer-based monitoring Anadromous fish, such as programs. Participate in regional watershed management activities. steelhead trout, return from the open ocean as adults to 7.6 Preserve and enhance fisheries habitats. freshwater streams to breed. Human activities have Inventory and assess stream reaches accessible to anadromous fisheries to identify greatly altered and degraded impediments to fish passage and opportunities for habitat enhancement. Remove many of the streams in the artificial barriers to fish passage where removal would enhance spawning and Bay Area primarily through rearing habitats. barriers to fish passage, such as road culverts and Enhance spawning and rearing habitats for native fisheries through restoration. dams and through Prioritize restoration and enhancement of areas providing habitat to sensitive degradation of spawning species. habitats by excessive sedimentation of spawning Monitor sensitive fish species populations on District lands. gravels. Few of the ponds in the 7.7 Preserve and enhance pond habitats. Santa Cruz Mountains are naturally occurring features. 0Inventory and assess ponds to identify opportunities for habitat maintenance and The majority of the ponds enhancement. have been created through artificial impoundments and 0Monitor sensitive reptile and amphibian populations on District open space lands. require management to maintain the ponds. Preserve pond habitats through maintenance of artificial impoundment structures Regardless of their origin, where ponds provide habitat for sensitive species. ponds provide wildlife access to a scarce resource (water) and greatly increase the diversity of species inhabiting the District's lands. 13-4 June 22, 2005 Water Resources 'i Glossary of Terms Contamination—man-made waste that has polluted the environment making it unfit or unsafe. Enhance-to increase or improve a habitat in value or quality. Restore-to bring back to or put back into a former or original state. Watercourse-a natural or artificial channel through which water flows. Waters-areas of standing water, both seasonal and permanent, such as lakes and ponds, as well as underground aquifers. Watershed -a bounded hydrologic system, or area of land where all of the water that is under it or drains off of it goes into the same place. Wetlands-areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions (hydrophytes). i i I i 13-5 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-65 Meeting 05-13 June 22, 2005 AGENDA ITEM 3 AGENDA ITEM Agreement with Santa Clara County Fire Department to Con ct a Prescribed "Training" Burn on the Rancho de Guadalupe Area of Sierra Azul Open Spa e Preserve GENERAL MANAGER'S RECOMMENDATIO 1. Determine that the recommended actions as set out in this report are categorically exempt under the California Environmental Quality Act (CEQA); 2. Authorize the General Manager to execute the attached Permit to Enter for the purpose of allowing the Santa Clara County Fire Department to conduct a controlled burn, for training purposes, at the Rancho de Guadalupe area of Sierra Azul Open Space Preserve, and to enter other areas as specified for related training not involving live fire. BACKGROUND The District has received a request from the Santa Clara County Fire Department to conduct a controlled burn, for training purposes, on a portion of the former Rancho de Guadalupe property in Sierra Azul Open Space Preserve. The request is to burn up to nine (9) acres of grassland adjacent to the Cherry Springs Reservoir (see Exhibit 1). This project would be a repetition of the controlled burns which were successfully conducted in 1997 (see Report R-97-73), 1999 (see Report R-99-68), 2003 (see Report R-03-45) and 2004 (see Report R-04-51). Board approval was also obtained to conduct a burn in 2001 (see Report R-01-62); however, the burn was not conducted because staff from other fire fighting agencies were not available. DISCUSSION The project will involve burning up to nine (9) acres of grassland and sparse chaparral. This particular site was chosen because the gentle slope, combined with light fuels, is appropriate for conducting a safe burn, with minimal erosion potential. The site is easily accessible and water is readily available. A 100,000 gallon water tank provides an excellent water source. Two fire hydrants are in the burn area, and two additional hydrants are in close proximity. In addition, the site is remote and closed to the public, so the project will not interfere with recreational activities or neighboring properties. R-05-65 Page 2 Pending Board approval, the burn is scheduled for Wednesday, July 27. This date works well for staff and provides an opportunity to train new firefighters who are currently attending the Joint Agency Fire Academy. Firefighters from this academy are from many of the jurisdictions which provide fire services to the District. In addition, staff from the District and Santa Clara County Fire Department will be on-site prior to the event to prepare for the burn, which will involve some vegetation clearing and a small amount of burning around the edge of the site (black-lining) to protect trees and to provide further protection against escape of the fire. Santa Clara County Fire Department will be the lead agency in conducting the exercise. It will be responsible for controlling site access, conducting the burn, providing logistical support, and complying with Bay Area Air Quality Management District regulations. The California Department of Forestry and Fire Protection (CDF) may also participate in the training. The project will provide the following benefits for the District: 1. Wildland Fire and Incident Command System training for District and County Fire Department staff. 2. Improved working relationship with Santa Clara County Fire Department. 3. Reduction of fuel load in the burn area and subsequent reduction in the possibility of a wildland fire. 4. Enhancement of native vegetation and removal of exotic vegetation through the re- introduction of naturally occurring fire, under controlled conditions. 5. Research opportunities for the District's Resource Management Specialist on the effect of wildland fire on vegetation management. RESOURCE MANAGEMENT CONSIDERATIONS To evaluate the spectrum of environmental concerns, a checklist developed by CDF for vegetation management burns was used. The results of the checklist show no significant impacts on water resources, soil stability, vegetation, habitat, wildlife, air quality, or visual aesthetics. The vegetation community of the burn area is approximately 85% non-native annual and perennial grassland. A burn in this area will enhance native vegetation diversity by reducing non-native competitive species and thatch accumulation. Monitoring has been conducted for bums held in this area in previous years to assess the changes in species composition and distribution caused by the burns. The 1997 and 1999 burns resulted in reduced thatch coverage, which benefited native grasses. The impact on wildlife of a grassland burn will be minimal due to the seasonal timing and the low intensity of the burn. No rare or endangered species inhabit the burn area. Horned lizards have been sighted on the upper chaparral slopes of the preserve, but not in the burn area. R-05-65 Page 3 Resource Protection To ensure adequate protection of the area, staff has placed certain constraints on the project, which are specified in the attached Permit to Enter. Among the conditions are the following: ■ District staff will be on-site for the duration of the event. ■ Santa Clara County Fire Department must minimize off-road driving of vehicles. Archeological Review Prior to the 1997 Project Wildfire exercise, the Silicon Valley Defense Space Consortium paid for an archaeological review of the burn area. The review showed that there were no significant archeological resources in the area. CEQA COMPLIANCE Project Description The project consists of burning up to nine acres of grassland and sparse chaparral for the purpose of training and study. CEQA Determination Staff concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Sections 15304 and 15306 of the CEQA Guidelines as follows: Section 15304 allows activities resulting in minor alterations to land such as grading, landscaping, filling of earth, trenching, and backfilling. The proposed controlled burn is similar to these activities in that it is only a temporary alteration to the land. In comparison to other agencies who regularly conduct controlled burns of areas greater than 50 acres, the proposed nine-acre burn is considered small, resulting in little impact to the land. The vegetation is a grassland community. No trees will be removed and the reduction of thatch and competitive species from the area will result in habitat improvements. Further exemption is covered under Section 15306, which allows for "basic data collection, research, experimental management, and resource evaluation activities." This project will increase the District's knowledge of the role of fire in vegetation management. PUBLIC NOTIFICATION Neighbors, who live adjacent to the Rancho de Guadalupe area of Sierra Azul Open Space Preserve, and those listed in the "Interested Parties," database have been notified of the Board's consideration of this event. Prepared by: Gordon Baillie, Management Analyst Cindy Roessler, Resource Management Specialist I� Contact Person: Gordon Baillie, Management Analyst I R-05-65 Page 4 Sierra Azul - Burn Area Map Pond Unpav I � 11lR !!( • i � �. �. _ Rads ,zee �r "l! Burn AreaM 0 Fire Hydrants Sierra Azul Open Space Preserve Rancho de Guadalupe N Feet Produced by Midpenimula Regional Open Space Di Arid, June 2005 �) 150 5C 4:-I.Ww,+-fie•. A.W�Na�u.no Je furl�Myeluen Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-70 Meeting 05-13 Ami June 22, 2005 Ad,e4: 5e�!-- AGENDA ITEM 4 AGENDA ITEM Proposed License and Management Agreement with Peninsula Open Space Trust Regarding Property Adjacent to Purisima Creek Redwoods Open Space Preserve (Santa Mateo County Assessor's Parcel Number 066-240-020)and Approval of an Amendment to the Application for Grant Funds from the Habitat Conservation Fund Program for the Lobitos Creek Headwaters Addition Project GENERAL MANAGER'S RECOMMENDATIONS I. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA)as set out in this Report. 2. Authorize the General Manager to sign the attached License and Management Agreement(the "License")with Peninsula Open Space Trust(POST), subject to approval by the General Manager and General Counsel of minor revisions to this Agreement which do not substantially change any material terms. 3. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Amendment to the Application for grant funds from the Habitat Conservation Fund Program for the purchase of the POST Property as an addition to Purisima Creek Redwoods Open Space Preserve. DISCUSSION At your meeting of April 6, 2005, you approved the purchase of the 183.48-acre POST property(formerly the Forde property) as an addition to Purisima Creek Redwoods Open Space Preserve(see Report R-05-40). As part of this project,the District is seeking a$325,000 grant from the Habitat Conservation Fund for the Lobitos Creek Headwaters project. This grant project was originally approved by the State of California for a 53-acre private property adjacent to the preserve(see report R-98-116). Over the past several months, staff has been working with the State Department of Parks and Recreation to modify this grant.to include this POST property. The POST property is located in the upper Lobitos Creek watershed and has superior natural resource value in comparison to the adjacent 53-acre private property. Because additional time is required to complete this grant amendment, staff is recommending that, in the interim, the District enter into a License and Management Agreement with POST to ensure that the property is appropriately patrolled and managed until the District completes the purchase of the property as an addition to the Preserve. The Management Agreement will be in place pending close of escrow. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-70 Meeting 05-13 June 22,2005 AGENDA ITEM 4 AGENDA ITEM �r r Proposed License and Management Agreement with Peninsula Open Space rustVope Jacent to Purisira Creek Redwoods Open Space Preserve(Santa Mateo County-Assess reel Number 066-240-020) and Approval of an Amendment to the Application or Grant.Funds from the Habitat Conservation Fund Program for the Lobitos Creek Headwaters ddition Project GENERAL MANAGER'S RECOMMENDATIONS Determine that the recommended actions are categorically 1. Dete exempt from the California Environmental Quality Act(CEQA)as set out in this Report. 2. Authorize the General Manager to sign the attached License and Management Agreement(the "License") with Peninsula Open Space Trust(POST), subject to approval by the General Manager and General Counsel of minor revisions to this Agreement which do not substantially change any material terms. 3. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Amendment to the Application for grant funds from the Habitat Fund Program for the purchase of the POST Property as an addition to Purisima P Conservation g P Creek Redwoods Open Space Preserve. DISCUSSION At your meeting of April 6, 2005,you approved the purchase of the 183.48-acre POST property(formerly the Forde property)as an addition to Purisima Creek Redwoods Open Space Preserve (see Report R-05-40). As part of this project, the District is seeking a$325,000 grant from the Habitat Conservation Fund for the Lobitos Creek Headwaters project. This grant project was originally approved by the State of California for a 53-acre private property adjacent to the preserve(see report R-98-116). Over the past several months, staff has been working with the State Department of Parks and Recreation to modify this grant to include this POST property. The POST property is located in the upper Lobitos Creek watershed and has superior natural resource value in comparison to the adjacent 53-acre private property. Because additional time is required to complete this grant amendment, staff is recommending that, in the interim, the District enter into a License and Management Agreement with POST to ensure that the property is appropriately patrolled and managed until the District completes the purchase of the property as an addition to the Preserve. The Management Agreement will be in place pending close of escrow. R-05-70 Page 2 License and Management Agreement The License allows the District to patrol, manage, secure, conduct site cleanup, and plan for future use of the 183.48-acre POST property as part of Purisima Creek Redwoods Open Space Preserve. During the one-year term, the License provides that the provisions contained in the Preliminary Use and Management Plan, adopted when the Board approved the purchase of the property on April 6, 2005, would go into effect and the property would be managed in conformity with that Plan. As described in the Preliminary Use and Management Plan,the District will conduct various site-cleanup tasks, which includes removing any remaining small trailers, vehicles, water tanks, storage sheds, containers, and building and household debris. The License enables the District to implement all aspects of the Preliminary Use and Management Plan with the exception of dedicating the property as public open space, which would be deferred until the purchase of the property is complete. The one-year term of the License will allow the District to work with the State Department of Parks and Recreation to pursue grant funds that will assist the District in purchasing the property from POST at a future date. POST has agreed to extend the close of escrow for the property purchase so that the District has the opportunity to pursue these grant funds. CEQA COMPLIANCE Project Description The project consists of a License and Management Agreement for the 183-acre POST property as an approving III addition to Purisima Creek Redwoods Open Space Preserve and the adoption of a Resolution an amendment to the District's Habitat Conservation Fund grant application filed on October 1, 1998. CEQA Determination The proposed License and Management Agreement with POST and the amendment to the Habitat Conservation Fund Program grant application are a minor change of the scope of the previously approved purchase of the property and do not change the project in any manner that would result in any new or additional potential significant impact on the environment. The CEQA findings detailed in the April 6, 2005 staff Report are applicable to this minor addition to the project. In that Report,the project was determined to be categorically exempt from the California Environmental Quality Act(CEQA). The Board should adopt similar findings that include the License and Management Agreement and grant application. A site-specific environmental evaluation has been completed concerning the resources on this property and how the resources could be affected if the property is managed as public open space under the terms of the License and Management Agreement. In addition,the property is substantially similar to the lands evaluated in the Program Environmental Impact Report for the Coastal Annexation Area and the environmental effects of District ownership and management are determined to be consistent with the potential effects described in the EIR. The District concludes that this project will not have a significant ! effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Sections 15301, 15316, 15317, 15325, 15330, and 15061 of the CEQA Guidelines as follows: Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment,or topographical features, involving negligible or no expansion of use beyond that existing at the time of the agencies determination. The Preliminary Use and Management Plan specifies that gates and fencing will be installed to secure the property, and roads and trails will be maintained using District-wide and Service Plan management practices. There will be no or negligible expansion of use. Open Regional O Space J P P MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-70 Meeting 05-13 June 22,2005 AGENDA ITEM 4 AGENDA ITEM Proposed License and Management Agreement with Peninsula Open Space Trust Property Adjacent to Purisima Creek Redwoods Open Space Preserve(Santa Mateo Couny.Assessor's Parcel Number 066-240-020) and Approval of an Amendment to the Application or Grain Funds from the Habitat Conservation Fund Program for the Lobitos Creek Headwaters ddition Pro" ct GENERAL MANAGER'S RECOMMENDATIONS .- 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this Report. 2. Authorize the General Manager to sign the attached License and Management Agreement(the "License") with Peninsula Open Space Trust(POST), subject to approval by the General Manager and General Counsel of minor revisions to this Agreement which do not substantially change any material terms. 3. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Amendment to the Application for grant funds from the Habitat Conservation Fund Program for the purchase of the POST Property as an addition to Purisima Creek Redwoods Open Space Preserve. DISCUSSION At your meeting of April 6,2005, you approved the purchase of the 183.48-acre POST property(formerly the Forde property) as an addition to Purisima Creek Redwoods Open Space Preserve (see Report R-05-40). As part of this project, the District is seeking a$325,000 grant from the Habitat Conservation Fund for the Lobitos Creek Headwaters project. This grant project was originally approved by the State of California for a 53-acre private property adjacent to the preserve (see report R-98-1 16). Over the past several months, staff has been working with the State Department of Parks and Recreation to modify this grant to include this POST property. The POST property is located in the upper Lobitos Creek watershed and has superior natural resource value in comparison to the adjacent 53-acre private property. Because additional time is required to complete this grant amendment, staff is recommending that, in the interim, the District enter into a License and Management Agreement with POST to ensure that the property is appropriately patrolled and managed until the District completes the purchase of the property as an addition to the Preserve. The Management Agreement will be in place pending close of escrow. | R-05-70 Page License and Management Agreement The License allows the District to patrol, manage, secure, conduct site cleanup, and plan for future use of the 183.48-acre POST property as part of Purisima Creek Redwoods Open Space Preserve. During the one-year term, the License provides that the provisions contained in the Preliminary Use and Management Plan, adopted when the Board approved tile purchase of the property on April 6, 2005, would go into effect and the property Would be managed in conformity with that Plan. As described in � the Pre|iminaryUse and Management Plan,the District will conduct various site-cleanup tasks, which � � includes removing any remaining small trailers, vehicles, water tanks, storage sheds, containers, and � � building and household debris. The License enables tile District toimp|ennent all aspects ofthe � Preliminary Use and Management Plan with tile exception of dedicating the property as public open space, which would be deferred until tile purchase of tile property is complete. The one-year term ofthe License will allow the District to work with the State Department of Parks and Recreation to pursue Anuni funds that will assist tile District in purchasing the property from POST at � future date. POST has agreed tn extend the close of escrow for the property purchase ao that the [)iaidct has the opportunity to pursue these gruntfondm. � CEQA COMPLIANCEProiect Description � The projectconsists ofa License and Management Agreement for the |83*ure POST property asm addition to PUrisima Creek Redwoods Open Space Preserve and the adoption of a Resolution approving an amendment 0m the District's Habitat Conservation Fund grant application filed ooOctober l, 1498. CEQA Determination � The proposed License and Management Agreement with POST and tile amendment to the Habitat � � Conservation Fund Program grant application are a minor change of the scope of the previously approved � � purchase of the property and do not change the project inanymanne,tbu1v/uu|d ,eou|tinunyncv/nr � � additional potential significant impact oil tile environment. TheCEO& findings detailed in tile � � April 6' 2005staff Report are applicable to this minor addition kr the project. |n that Report, the project � � was determined iohe categorically exempt from tile California Env i roil nnentu\ Quality Act(CE0&). The � � Board should adopt similar findings that include the License and Management Agreement and grant � � application. � � A site-specific environmental evaluation has been completed concerning the resources oil this property � and how the resources could be affected if tile property is managed as public open space under the terms � � of the License and Management Agreement. |n addition,tile property ia substantially similar to the lands � evaluated in the Program Environmental Impact Report for tile [oumtu| Annexation Area and the � � environmental effects of District ownership and management are determined to be consistent with the � potential effects described inthe E|K. The District concludes that this project wi|| nothuveasignificant � effect outhe environment. It is categorically exempt from CEOA (California Environmental Quality Act) � under Sections |53O\, l53|6, |53|7, |5325, |5]]O, and |500| of the CB(}A Guidelines uofollows: � � Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor � alteration of existing public or private structures, facilities, mechanical equipment, or topographical � features, involving negligible or no expansion of use beyond that existing at the time of tile agencies � � determination. The Preliminary Use and Management Plan specifies that gates and fencing will be � installed to Secure the property, and roads and trails will be maintained using District-wide and Service Plan managernent practices. There will be no or negligible expansion of use. � � R-05-70 Page � Section l5]|6 exempts the acquisition mfland in order 0ncreate parks if the site is in anu1uru| condition � and the management plan proposes to keep tile area inu natural condition. The Preliminary Use and � Management Plan specifies that the land will not hcdeveloped and will remain in u natural condition. � Section 153 17 exempts the acceptance of fee interests in order to maintain the open space character of an � area. The District will purchase fee interest and maintain the open space character ofthe area. No new � development im proposed uu part o[this project. � � Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This � purchase will transfer fee ownership of the property to the District and ensure it will be preserved as � � public open space by incorporating it into the Purisima Creek Redwoods Open Space Preserve. � � Section|5330 exempts minor cleanup actions taken to prevent, minimize' stabilize, mitigate, oreliminate � the release or threat of release ofu hazardous waste or substance which are small ormodium removal � actions costing$\ million orless. The Preliminary Use and Management Plan includes the removal and � � clean-up ufsmall containers of gas and oil used to maintain equipment and minor amounts of solid waste in the form ofstorage sheds, construction materials, small trailers, a camper shell, and animal pens, all ill u state ofdisrepair, either bytile previous owner under all agreement with POST o,hvthe District. Any � � areas ufsoil contamination discovered during the runnnvu| of the nuaie materials and equipment will be xninoranJwi|| b�dispoacdoO�oit� inuccordunoowithopp|ioab|c |awuondr��u|odonm � � � This acquisition is categorically exempt from CEQA under five sections of the CEQA Guidelines. The � � actions proposed in the Preliminary Use and Management Plan are also exempt under Section 15061, as there iano possibility the actions may have asignificant effect onthe environment. � � The District concludes that the action proposed in this report does not constitute a change to tile project � � that would result io any additional impact on the environment. � � Prepared by: � Michael [ Williams, Real Property Manager � � Muoo . ' '�v: � � . � Matt Sagues, Open Space Planner| � Contact person: � � � Miohuo| C. Williams, Real Property Manager � � � � � � � � � � � � � � � � � � RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDMENT TO THE APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 1998-1999 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR THE FOLLOWING PROJECT: LOBITOS CREEK HEADWATERS ADDITION (PENINSULA OPEN SPACE TRUST PROPERTY ACQUISITION) WHEREAS,the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides fiords to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, said application contains assurance that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: I. Approves the filing of an amendment to substitute the Peninsula Open Space Trust Property Acquisition in the application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 State grant assistance for the Lobitos Creek Headwaters addition (Peery Property Acquisition) submitted by the District and dated October 1, 1998; and 2. Certifies that said applicant understands the assurances and certification in the application form; � and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match; and will have sufficient funds to operate and maintain the project; and 4. Appoints the General Manager as agent of the District to conduct all negotiations,execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. LOBITO ;REEK HEADWATERSODDITION Al { ,�..` l)\� ,�, it \C`:. �;'%':� ,+. � / e' }, � T �• ,y , { \ ({f \ `"�`",'ee Proposed 183 Acre \ J , ( Irish Ridge Ndd /'' r ;. P05T(Forde)Property Ad dition ' \ t\ POST if f /' l s,: l t t 4• r- \ « ..rynoonowvos m. 0 0.5 1 Miles 0 LICENSE AND MANAGEMENT AGREEMENT THIS LICENSE AND MANAGEMENT AGREEMENT("License"), dated as of June 22, 2005, is by and between the PENINSULA OPEN SPACE TRUST, a California non- profit public benefit Corporation("POST"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code ("District"). RECITALS A. POST is the owner of a certain parcel of real property ("Property"), located within the unincorporated area of the County of San Mateo, State of California and is more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference. B. The Property is adjacent to District land, and District and POST entered into a Purchase Agreement dated April 6, 2005 to purchase the Property. ("Purchase Agreement"). At this time, and pending close of escrow, POST desires that District license and manage the Property for the benefit of POST. In return for such services, District will receive the benefit of the ability to use the Property for purposes consistent with its mission. C. POST is willing to license the Property to District, and District desires to license the Property from POST,upon the terms and conditions set forth below. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, POST and District(collectively, the "Parties")hereby agree as follows: 1. License. For and in consideration of the mutual covenants and agreements by the Parties contained in this License, POST does hereby license to District, and District does hereby license from POST, all of the Property. 2. License Term. District shall license the Property for a term of one year commencing on the Effective Date hereof and ending one(1) year from the Effective Date(the "License Term") unless the term is terminated earlier by mutual written agreement of the parties. The License Term will also terminate upon close of escrow of the Purchase Agreement. As used herein, the term "Effective Date" shall be the date on which this License is executed by the District's General Manager. 3. Consideration. POST and District agree that the consideration for the District's performance of its covenants and agreements contained herein (including, without limitation p �' ( g> > those regarding indemnification, maintenance and operation of the Property) shall be the District's rights and privileges to use the Property as set out in this License. 4. POST s Representations, Warranties and Covenants. POST represents, warrants and covenants as follows: 4.1. Organization. POST is duly organized and validly existing under the laws of the i II State of California. 4.2. Requisite Action. All requisite corporate action has been taken by POST in connection with POST's execution of this License, and has been taken or will be taken in connection with the agreements, instruments or other documents to be executed by POST pursuant to this License. 4.3. Title. To POST's knowledge, POST owns fee simple title to the Property and is p contractually obligated by the Purchase Agreement to convey fee title to District. 5. Management in Conformity with Preliminary Use and Management Plan. During the term of this License and any extension thereof, District agrees to manage the Property for the purpose of open space preservation as part of the ecological, recreational and scenic resources of the mid-peninsula area. District shall manage the Property in conformity with the Preliminary Use and Management Plan for the Property as approved b District's Board of Directors on April g p Y pp Y p 6, 2005.District shall be solely responsible for management, operation, control and site clean up of the Property during the License Term, for the conditions thereof, and for all activities conducted by District thereon. District may install gates and appropriate signing and fencing as District determines is necessary and appropriate, and may undertake such other steps as District deems necessary or appropriate for the proper and safe management of the Property. 6. Patrol. District will patrol and manage the Property in a manner consistent with adjacent District holdings to ensure that the Property is kept in a safe and sanitary condition and that deleterious or incompatible uses of the Property are discouraged. Should any trespass or other unauthorized use or activity occur upon the Property, District may exercise its authority to correct these matters including, where necessary, enforcing District regulations and ordinances on the Property. The Property shall be deemed to be property under the operation, control and management of District for purposes of Public Resource Code Sections 5558 and 5560.5 as a District park, and shall be deemed to be "District Lands" as defined in District Ordinance No. 04-1. 7. Use. District shall have the right to use and operate the Property for open space and ecological purposes, environmental education, and limited recreational trail use by means of a neighbor trail use permit. The Property will not be open to general public use.. 8. Legal Responsibility and Indemnification. 8.1 District. Except as otherwise agreed herein, District shall hold POST harmless from, and defend POST and its officers, directors, employees and agents against, any and all claims or liabilities for injury or damage to any persons of property howsoever occurring during the life of this License in, on, or about the Property, arising out of any condition of the Property or of any act, neglect, fault or omission by the District with respect to District responsibilities as set out in this License. 8.2 POST. POST agrees to indemnify, defend and hold harmless District and its agents, officers officials and employees a ainst an and all claims or liabilities for injury or g � � g Y J rY damage to persons or roe arising out of or resulting from the negligent acts or fault of g p pr operty m' g g POST, or its agents, employees, officers, or servants, in connection with the Property. 2 8.3 Joint Responsibility. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. 8.4 Insurance. During the License Term, the District shall maintain in full force and effect a comprehensive general liability insurance policy applicable to the Property and the District's activities under this License with limits of liability of at least Two Million Dollars ($2,000,000) aggregate combined single limit for bodily injury and property damage liability; and One Million Dollars ($1,000,000) combined single limit per occurrence. The District may satisfy the obligations set out in this Section by participation in a government self- insurance risk pool authorized under state law, including but not limited to the California Joint Powers Insurance Authority("CJPIA"). District shall cause the CJPIA or other applicable self-insurance risk pool to issue Evidence of Coverage naming POST as a Protected Party under the CJPIA Memorandum of Coverage effective June 23, 2005. 9. Compliance with Laws. District shall comply with any and all federal, state, and local laws, statutes, codes, ordinances, regulations, rules, orders,permits, licenses, approvals and j requirements applicable to the use and occupancy of the Property by District and District shall not commit and shall not knowingly permit others to commit waste upon the Property. 10. Maintenance and Utilities. During the License Term, District shall not use the Property for any purpose except as expressly provided in this License. District shall promptly pay and/or discharge any liens that may be recorded against the Property or District's License interest therein resulting from any work performed or materials ordered by or on behalf of District. During the License Term, District shall maintain and repair the Property in such manner as reasonably necessary to preserve its existing character; provided,however, that District shall not be obligated to make any material capital improvements to the Property. 11. Assignment. District may not assign this License to any other party without the prior written consent of POST, which consent shall not be unreasonably withheld or delayed with respect to an assignment to a party that expressly assumes in writing all of District's obligations and liabilities hereunder. In the event of an assignment, District shall remain liable for the performance of all of District's obligations under this License, except if and to the extent such obligations are released in writing by POST. 12. Miscellaneous Provisions. 12.1 Invalidity. If any term or provision of this License or the application to any person or circumstance shall,to any extent, be invalid or unenforceable, the remainder of this License, or the application of such term or provision to persons whose circumstances other than those as to which it is held invalid or unenforceable, shall not be affected. 12.2 Successors and Assigns. Subject to the limitations set forth above,the terms, conditions and covenants of this License shall be binding upon and shall inure to the benefit of each of the Parties, their heirs,personal representatives, successors or assigns, and shall 3 run with the land. 12.3 Writiniz. No waivers, amendments, License Term extension alterations or modifications of this License, or any agreements in connection with this License, shall be valid unless in writing and duly executed by both POST and District or their respective successors-in-interest. 12.4 Construction. The captions appearing in this License are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections of this License or in any way affect this License. Any gender used shall be deemed to refer to any other gender more grammatically applicable to the party to whom such use of gender relates. The use of singular shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular. 12.5 Notices. Any notice, demand, or request required hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) personal service; (b)telephonic facsimile transmission; (c)nationally recognized overnight commercial mail service; or(d) registered or certified, first class U.S. mail, return receipt requested. If intended for District, addressed as follows: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If intended for POST, addressed as follows: Peninsula Open Space Trust 3000 Sand Hill Road, 1-155 Menlo Park, CA 94025 Attn: Audrey C. Rust, President TEL: (650) 854-7696 FAX: (650) 854-7703 Such addresses may be changed by notice to the other party given in the same manner as above provided. Any notice, demand or request sent pursuant to either clause (a) or(b), above, shall be deemed received upon such personal service or upon dispatch by electronic means (provided,however, that a dispatch by facsimile transmission that occurs on any day other than a business day or after 5:00 p.m. Pacific time shall not be deemed received until 9:00 a.m. Pacific time on the next business day). Any notice, demand, or request sent pursuant to clause (c), above, shall be deemed received on the business day immediately following deposit with the commercial mail service and, if sent pursuant to clause (d), above, shall be deemed received forty-eight(48) hours following deposit in the U.S. mail. 12.6 Authority to Sign. The parties executing this License on behalf of POST and District represent that they have authority and power to sign this License on behalf of POST and District, respectively. 4 I 12.7 Conflict of Laws. This License shall be governed by and construed pursuant to the laws of the State of California. 12.8 Attorneys'Fees. If either party should bring suit or seek arbitration under this License, because of the breach of any provision of this License, then all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action or arbitration and shall be enforceable whether or not the action is prosecuted to judgment. 12.9 Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of POST or District to insist upon the performance by District or POST in accordance with said terms. i II 12.10 Time. Time is of the essence with respect to the performance of every provision of this License in which time of performance is a factor. 12.11 Prior Agreements. Except for the Purchase Agreement, this License contains all of the agreements of the Parties with respect to any matter covered or mentioned in this License, and, except for the Purchase Agreement, no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 12.12 Severability. Any provision of this License that shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provisions hereof, and all other provisions shall remain in full force and effect. //J 5 i POST AND DISTRICT, by their execution below, indicate their consent to the terms of this License and Management Agreement. For POST: PENINSULA OPEN SPACE TRUST, a California no-profit public benefit corporation By: Audrey C. Rust, President Date: For DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AND ACCEPTED: By: L. Craig Britton, General Manager Date: APPROVED AS TO FORM: By: Susan M. Schectman, General Counsel ATTEST: By: Sally Theilfoldt, District Clerk Date: 6 EXHIBIT A The land referred to is situated in the unincorporated area of the County of San Mateo, State of California, and is described as follows: PARCEL ONE: Parcel A, as delineated upon that certain Map entitled "PARCEL MAP BEING A RESUBDIVISION OF LANDS OF WELLS FARGO BANK, NATIONAL ASSOCIATION, SITUATED IN THE RANCHO CANADA VERDE Y ARROYO DE LA PURISIMA AND DESCRIBED IN THE DEED RECORDED IN VOLUME 6490 OF OFFICIAL RECORDS OF SAN MATEO COUNTY AT PAGE 179, SAN MATEO COUNTY, CALIFORNIA", filed for record in the Office of the Recorder of the County of San Mateo, State of California, on July 18th, 1974 in Book 25 of Maps, at Pages 16 and 17. EXCEPTING THEREFROM so much as lies outside of the lands described in decree Quieting Title issued out of the Superior Court of the State of California in and for the County of San Mateo flied June 12, 1964 No. 106568 in action entitled Elizabeth Greer, Plaintiff vs. Pellegrino Benedetti, et al, Defendants, dated June 12, 1964, a certified copy of which was recorded June 12, 1964 in Book 4730 of Official Records at Page 449, (File No. 31640-X), Records of San Mateo County, California. PARCEL TWO: A non-exclusive easement for ingress and egress and roadway purposes over that portion of Parcels A, B, and C as shown on that certain Parcel Map filed Feburary 25, 1975 in Volume 27 of Parcel Maps at Pages 24 and 25, Records of San Mateo County California, lying within the boundaries of that certain 60 foot wide strip of land designated as "CENTERLINE 60' ROADWAY EASEMENT(6653 O.R. 498) -ALSO CENTERLINE OF "LUMBER ROAD" REFERRED TO IN 4529 O.R. 170" on the aforesaid Parcel Map (Vol 27 of Parcel Maps at pages 24 and 25). PARCEL THREE: A non-exclusive easement for private waterline and private utilities purposes over a portion of Parcel C as shown on that certain Parcel Map filed on February 25, 1975 in Volume 27 of Parcel Maps at pages 24 and 25, Records of San Mateo County, California, over a strip of land 30 feet wide lying adjacent to and Westerly of courses 330 and 331, and adjacent to and Southwesterly of course 92, as said courses are shown on said Parcel Map. Excepting therefrom that portion lying Easterly of the Easterly line of Tunitas Creek Road, a county road 60 feet wide, as said road is shown on said Map. Also excepting therefrom that portion lying within said Tunitas Creek Road and within Lobitos Creek Road, a county road 60 feet wide, as last said road is shown on said Map. PARCEL FOUR: A non-exclusive easement for private waterline and private utilities purposes over a strip of land 30 feet wide lying adjacent to and Westerly of the following described line: COMMENCING at the most Easterly corner of Parcel C, as shown on that certain Parcel Map filed on February 25, 1975 in Volume 27 of Parcel Maps at Pages 24 and 25, Records of San Mateo County, California, being also the Easterly terminus of course 92 shown on said map; thence along the boundry of said Parcel C, North 460 00' 11" West 46.58 feet to the Easterly line of Tunitas Creek Road, a County Road 60 feet wide, as said road is shown on said Map; thence along said Easterly road line, South 411 52' 40" West 30.02 feet to a line that is parallel With said distant 30 feet Southwesterly from said Course 92; thence along said parallel line North 46° 00' 11" West 513.00 feet to the true point of beginning; thence from said true point of beginning, South 700 00' 00"West 118.64 feet; thence South 210 06' 30"West 926.48 feet to the Northerly terminus of course 182 in the centerline of Lobitos Creek Road, a County Road 60 feet wide, as said course and road are shown on said Map. Excepting therefrom that portion lying within said Lobitos Creek Road. PARCEL FIVE: A non-exclusive easement for well site purposes lying in, on, under,over and along a portion of Parcel C as said Parcel is shown on that ceratin Parcel Map filed on Feburary 25, 1975 in Volume 27 of Parcel Maps at pages 24 and 25, Records of San Mateo County, California, said easement being, more particularly described as follows: BEGINNING at the most Eagerly corner of said Parcel C at the Easterly terminus of course 92 as shown on said map; thence from said point of beginning along the Easterly boundary of said Parcel C, South 39138' 09"West 126.77 feet to an angle point in said boundary; thence leaving said boundary North 500 21' 51"West 33.58 feet to the Easterly line of Tunitas Creek Road, a county road 60 feet wide, as said road is shown on said map; thence along the Easterly line of said road, North 161 53' 37" East 52.50 feet; thence North 410 52' 40" East 91.18 feet to the Northeasterly boundary of said Parcel C; thence leaving said road line and along the said Northeasterly boundary of said Parcel C South 460 00' 11"East 46.58 feet to the point of beginning. Easements described in Parcels Two, Three, Four, and Five were created by Deed recorded in March 21 1975 under File No. 31763-AI (Book 6804 of Official Records at Page 2711), Records of San Mateo County, California. APN: 066-240-020 i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-67 Meeting 05-13 June 22, 2005 AGENDA ITEM 5 AGENDA ITEM Issuance of 2005 Refunding Promissory Note CONTROLLER'S RECOMMENDATION Approve Resolution authorizing the execution and delivery of an indenture, escrow agreement and other documents related thereto required to complete the issuance and sale of$5 million of 2005 Refunding Promissory Notes. DISCUSSION The Controller's Report on the 2005-2006 budget indicated that it might prove worthwhile to � Because long- term refinance the remaining 1995 Notes, which become callable in September 2005. g hi million staff recommends this 5 i near historic lows st $ interest rates have remained term , refinancing, proposed for completion by the end of July 2005. The proposed transaction is cashless to the District; all costs of issuance are financed and there are no cash proceeds to the District. The remaining $4.555 million of 1995 Notes would be called and replaced by approximately $4.995 million of 2005 Refunding Promissory Notes, with the same maturity dates. Because the average interest rate on the remaining 1995 Notes is 7.0% and the average interest rate on the 2005 Notes is expected to be approximately 3.4%, the District projects to achieve a present value savings of over $750,000. The total reduction in debt service is estimated at $880,000 over ten years. Sources and uses for the proposed 2005 Refunding Notes are as follows: Sources: Notes to be issued $4,995,000 Net original issue discount <29,932> Total Sources $4,965,068 Uses: Refunding escrow deposit $4,743,600 Underwriter discount (0.65%) 32,468 Issuance and costs of issuance 189,000 Total Uses $4,965,068 R-05-67 Page 2 Summary of Proposed Transaction: I. Amount: $4,995,000. 2. Term: Ten years, final maturity September 2014. 3. Purposes: Refinance remaining 1995 Notes to achieve approximately $750,000 in present value savings. 4. Interest Rate: Projected average coupon rate 3.4%; including all costs, total rate is 4.2%. 5. Reserve Fund: Expected to be covered by a surety bond. 6. Underwriter: Stone & Youngberg LLC. 7. Underwriter Fee: 0.65% of issue ($32,468). 8. Bond Counsel: Orrick, Herrington and Sutcliffe. 9. Trustee: Bank of New York Trust Company. 10. Closing Schedule: Late July 2005. Prepared by: Michael Foster, Controller Contact person: Same as above RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 2005 REFUNDING PROMISSORY NOTES AND A CONTRACT OF PURCHASE FOR SAID NOTES, APPROVING A PRELIMINARY OFFICIAL STATEMENT AND PROVIDING FOR THE APPROVAL OF A FINAL OFFICIAL STATEMENT FOR SAID NOTES AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT FOR SAID NOTES AND AN ESCROW AGREEMENT AND OTHER DOCUMENTS RELATED THERETO WHEREAS, the Midpeninsula Regional Open Space District (the District ) is empowered un der applicable laws to borrow money for the purpose of refinancing its outstanding 1995 Promissory Notes (the "Prior Notes") issued for the purpose of acquiring necessary and proper lands and � �r facilities for open ace purposes�. o ses of the District; and P p WHEREAS, the Board of Directors of the District (the "Board of Directors") has determined to issue its 2005 Refunding Promissory Notes(the"Notes")for such purpose; and WHEREAS, the issuance and sale of the Notes for such purpose is desirable and h District and the laws of the State of necessaryand conforms with the purposes and requirements of tile s P P q California and will result in a reduction in the net interest cost to the District; and WHEREAS, in order to implement the foregoing, there has been submitted to the Secretary of the Board of Directors (the "Secretary") a form of Indenture with respect to the Notes, a Contract of Purchase relating to the Notes, a Preliminary Official Statement relating to the Notes, a form of Continuing Disclosure Agreement for the Notes and a form of Escrow Agreement relating to the refinancing of the Prior Notes; and WHEREAS, the Board of Directors has carefully considered the terms and conditions of said Indenture, said Contract of Purchase, said Preliminary Official Statement, said Continuing Disclosure Agreement and said Escrow Agreement and is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: Section One. The foregoing recitals are true and correct, and the Board of Directors so finds and determines. Section Two. The Indenture (the "Indenture") with respect to the Notes, in the form submitted to and on file with the Secretary, is hereby approved for execution by the District, and the President of the Board of Directors (the "President") is hereby authorized and directed to execute the Indenture on behalf of the District in substantially the form submitted, with such modifications as the President may approve, and the Secretary is hereby authorized to attest such execution and affix the seal of the District thereto and deliver the Indenture on behalf of the District. Section Three. The Contract of Purchase (the "Contract of Purchase") relating to the Notes, in substantially the form submitted by Stone & Youngberg LLC (the "Underwriter") to and on file with the Secretary, is hereby approved for execution by the District, and the General Manager of the District (the "General Manager") is hereby authorized to execute and deliver the Contract of Purchase on behalf of the District, with such modifications as the General Manager may approve; provided, that the principal amount of the Notes shall not exceed five million, fifty thousand dollars ($5,050,000), the net interest cost of"the Notes shall not exceed 4% per annum and the Underwriter's discount for the purchase of the Notes shall not exceed 0.7% of the principal amount thereof, which discount the Board of Directors hereby determines to equal the Underwriter's spread and which reflects an Underwriter's spread which is both reasonable and customary under the prevailing market conditions. Section Four. The Preliminary Official Statement (the "Preliminary Official Statement") relating to the Notes, in substantially the form submitted by the Underwriter to and on file with the Secretary, is hereby approved by the District, and the General Manager is hereby authorized to approve the distribution of the Preliminary Official Statement in substantially said form and to certify to the Underwriter on behalf of the District that the Preliminary Official Statement was, as of its date, "deemed final" by the District within the meaning of Rule 15c2-12 promulgated under the Securities and Exchange Act of 1934 (except for the omission of certain final pricing, rating and related information as permitted by such rule), and the Underwriter is hereby authorized to distribute copies of the Preliminary Official Statement to persons who may be interested in the purchase of the Notes, and after the sale of the Notes, the President and the General Manager are hereby authorized and directed, for and on behalf of the District, to complete, execute and deliver an Official Statement in final form relating to the Notes (the "Official Statement") in substantially the form of the Preliminary Official Statement, and the Underwriter is hereby authorized to deliver copies of the Official Statement to all actual purchasers of the Notes. Section Five. The Continuing Disclosure Agreement (the "Continuing Disclosure Agreement") with respect to the Notes, in the form submitted to and on file with the Secretary, is hereby approved for execution by the District, and the President is hereby authorized and directed to execute the Continuing Disclosure Agreement on behalf of the District in substantially the form submitted, with such modifications as the President may approve, and the Secretary is hereby authorized to attest such execution and affix the seal of the District thereto and deliver the Continuing Disclosure Agreement on behalf of the District. Section Six. The Escrow Agreement (the "Escrow Agreement") relating to the refinancing of the Prior Notes, in the form submitted to and on file with the Secretary, is hereby approved for execution by the District, and the General Manager is hereby authorized to execute and deliver the Escrow Agreement on behalf of the District in substantially the form submitted, with such modifications as the General Manager may approve. Section Seven. The President, the Secretary, the General Manager and the Controller of the District are hereby each authorized and directed, in the name and on behalf of the District, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the sale, execution and delivery of the Notes and otherwise to carry out, give effect to and comply with the terms and intent of this resolution, the Notes, the Indenture, the Continuing Disclosure Agreement, the Escrow Agreement, the Contract of Purchase and the Official Statement; and any such actions heretofore taken by such officers in connection therewith are hereby ratified, confirmed and approved. Section Eight This resolution shall take effect from and after its passage and approval. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-66 Meeting 05-13 June 22, 2005 AGENDA ITEM 6 AGENDA ITEM Agreement with City of Mountain View to Provide Rad Dispatch,Services GENERAL MANAGER'S RECOMMENDATL9N 1. Authorize the General Manager to execute an option to renew with City of Mountain View to provide twenty-four hour radio dispatch services for the period of July 1, 2005 through June 30, 2006; 2. Authorize the General Manager to approve expenditures for radio dispatches services not to exceed $26,000 for the period July 1, 2005 through June 30, 2006. DISCUSSION At your August 26, 1992 meeting, you authorized the General Manager to enter into an agreement with the City of Mountain View (Mountain View) to provide the District with twenty- four hour radio dispatch services (see report R-92-93). The District has subsequently renewed the agreement with the City of Mountain View. The District is currently in the third year of a three-year agreement. The agreement allows for a maximum 5% increase in cost. The District paid $24,760 for dispatching services in 2004-2005. Mountain View increased their rate by the full 5%, bringing the cost to $25,998 for 2005-2006. Pursuant to District purchasing policy, your approval is required to enter into this contract. The approved fiscal year 2005-2006 budget included the necessary funds for this anticipated increase in dispatching services. Staff has been satisfied with Mountain View's service and feels it would be in the District's best interest to retain Mountain View until the District completes an assessment of long-term needs. The current budget and action plan provides for a consultant to evaluate the current radio system and provide recommendations for improvements. This will include dispatch services. Reliable radio dispatch services are critically important to our employees' and public safety needs. Mountain View has proven they can provide these necessary services. Prepared by: David Topley, Support Services Supervisor Contact Person: Same as above Regional Open St ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: June 22, 2005 RE: FYI's OREST FHEEFO From: Paul Nam [mailto:vocinam@yahoo.com] Sent: Monday, .tune 06, 2005 4:39 AM To: ROMP Subject: [ROMP] Skeggs trail impressions I got to ride Skeggs on Sunday and experience the new Crossover aka Hike-a-bike trail and the new fiberglass bridge and trail at the bottom of Virginia Mill. This stuff is all really great. The new Crossover trail is a beauty. The trail building in places is absolutely stunning. The terrain and timber through which the trail swoops are incredible. There is a lot of rock work. A good deal done with volunteers and a much more by staff and big stuff done with heavy equipment. I rode up and down it just thrilled. One thing I am afraid will start happening at the top is that riders may start hucking off the edge of Crosscut onto Crossover. A fence may be needed here if riders can't/won't exercise restraint. The Virginia Mill bridge is a big expensive piece. That this was installed in order to allow users, especially including us mountain bikers, to continue to loop through the lower end of the preserve is encouraging. It's is really nice down there. I know a lot of folk will say the bridge is overkill, but it really is designed to set high up enough to avoid episodic floods. The way back up to Lawrence Creek harkens back to the Aerial Tree days. The Lawrence Creek trail I believe will not be used by trucks anymore. Sections of the trail are reverting to trail width naturally already, and give a glimpse of what nature can do in terms of natural restoration in a short period of time. In comparison, the top of Gordon Mill trail has seen a lot of work recently, with rolling grade dips and outsloped knicks on a grand scale. Eventually, with time, the scars will heal and grow over. Blue Blossom has hardened up well. There is some incredible rock armor work on a stream ford on the new section of Blue Blossom. In all I am blown away by the new trailwork by the District. I am grateful for the work they've done at a great expense for conservation and to allow our continued enjoyment. It's great that ROMP has been, and continues to be a part of this. I think the next trail day is in a couple of weeks. I can't make that one. Look for some announcements soon. The District continues to expand their land holdings. The Coastal Annexation is ramping things up. New properties in Stevens Canyon brighten future prospect for regional trail connections. It's really exciting. We just celebrated 50,000 acres of MROSD Open Space, and there is much more on tap. Overall I have to say that the District's trails have shown marked improvements in maintenance and design in recent years. -Paul �C /��ins o Sally Thielfoldt From: Julie Norton Sent: Monday, June 13, 2005 2:19 PM To: Managers Cc: Renee Fitzsimons; Elaina Cuzick; Ana Ruiz; Julie Norton Subject: Program Highlights Another successful season... Thursday was the last of our 2005 Spring Field Trips. 18 Spaces & Species fieldtrips were conducted this Spring at the Daniels Nature Center. Here is what some of the teachers said... "Great field trip and links to classroom learning; docents modeled effectively" and my favorite comment "best field trip ever." In addition, docents completed special field trip requests for 3 school-age children groups: School for the Deaf, Orthodox School, and Washington Open Kindergarten at Picchetti. Kudos to Ren6e for training and scheduling docents and Elaina for scheduling and working with local schools. Innovative way docents are helping... Ren6e and Ana worked together to find a handful of docents who are giving public tours of Sierra Azul and Bear Creek. These tours help familiarize the public with the land, resources, vistas, and existing road system, during the Sierra Azul + Bear Creek Master Plan process. Julie Norton Community Affairs Supervisor Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos CA 94022 Phone: (650) 625-6548 Fax: (650) 691-0485 www.openspace.org Regional Open Sp.ce June 20, 2005 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Marcia Raines, Environmental Services Agency Director Parks and Recreation Division San Mateo County Environmental Services Agency County Government Center 455 County Center,4`h Floor Redwood City, CA 94063-1646 Subject: Huddart and Wunderlich Parks Draft Master Plan Dear Marcia, Thank you for the opportunity to provide comments regarding the Draft Master Plan for Huddart and Wunderlich Parks. These County Parks and the District's Open Space Preserves comprise a large majority of the regional greenbelt that provides access to thousands of public recreational users annually. Although there are many points of access for these parks along the crest of the Santa Cruz mountain range off Skyline Boulevard State Highway 35 there is a shortage of necessary parking and staging areas. � g Y ) g rY P g g g Along the western and southern portion of Huddart Park, the Bay Area Ridge Trail and California Riding and Hiking Trail crosses Kings Mountain Road. This particular area has always been an ideal location to provide public parking and access,as it was identified in the 1982 Huddart Park Master Plan. Although the current Draft Master Plan is no longer considering development of this area,the District strongly believes that it is critical to at minimum provide parking and staging opportunities in this location. District planners have discussed this with Sam Herzberg and as a result,the Draft Master Plan proposes the consideration of a land transfer of the property within Huddart Park south of Kings Mountain Road to the District for incorporation into Teague Hill Open Space Preserve. This transfer of property would allow the District to plan for and develop any desired public facilities. While the District does not oppose this possibility, it is our suggestion that a closer working relationship with the County also be explored, either through a cooperative development and/or management agreement, in order to provide public access within this area of Huddart Park. Since the public will be using any future parking facilities in this area to access both Huddart Park and Teague Hill Open Space Preserve,a cooperative agreement would ensure that the goals of both public agencies would be met. Thank you for your consideration and please feel free to contact me should you have any questions or comments. Since ely, L. Craig Britton General Manager LCB:mdv cc: MROSD Board of Directors Sam Herzberg, San Mateo County Parks 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton EROFFICE MEMORANDUM May 20, 2005 TO: L. Craig Britton, General Manager FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month April Year 2005 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Marijuana poss < 1 oz 1 2 Closed area 3 7 Speed 7 13 Helmet 7 16 ACCIDENTSANCIDENTS Night-riding 3 3 Bicycle accident 0 Off trail bikes 0 1 Equestrian accident 0 Dogs Hiking/running accident 2 Prohibited area 4 9 Other first aid 1 Off-leash 9 12 Search &Rescue 0 > 3 dogs 1 1 Vehicle accident 0 Off-road vehicles 1 2 LZ air evacuation 1 Closed area 0 0 Fire 0 After hours 2 7 Fishing 0 0 Swimming 0 1 ENFORCEMENT Vandalism 0 6 Parking citations 17 Parking 8 14 Other citations 45 Parking after hours 9 11 Written warnings 43 Dumping 0 1 Arrests 0 Camping 0 2 Police assistance 0 - Campfires 0 1 Weapons Actual conta ct 0 0 MUTUAL AID Report only 0 0 Accident 1 Evidence of 0 0 Law enforcement 0 Urinating in public 0 1 Landing zone off-site 0 Plant collecting 0 1 Fire 0 Alcohol w/out lunch 0 1 Smoking 6 6 Group w/out permit 0 3 Nudity 0 2 Illegal construction 0 1 Violation of easement 0 1 Reckless driving 1 1 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date 1 B. Malone found mail addressed to various residents on Almaden Road in San Jose on Mt. Umunhum Road, approximately one mile from Hicks Road. The mail was turned in to the Post Office. 2 D. Danielson spoke with five mountain bikers at the Black Mountain summit in Monte Bello. The men had downhill bikes with heavy suspension, aggressive tires, and brakes designed primarily for the downhill, off-trail sport of"free riding." Most of the riders were wearing full- face helmets and arm and leg armor often associated with free riding. About an hour later, D. Danielson noticed fresh bike tracks through the grassland from Bella Vista to the Canyon Trail. Danielson believes the five riders were responsible for this off-trail `free ride.' 12 A District Board member reported a motorcycle parked at the top of Devils Canyon waterfall in Long Ridge. L. Paterson responded and located the scooter. The owner was issued a citation. 15 B. Guzman was hiking off trail near Bald Mountain in Sierra Azul. He observed two people smoking marijuana. He cited both for smoking, confiscated the marijuana and warned the them for possession. 20 A person with three off-leash dogs in Windy Hill lost one of the dogs in the preserve. Two rangers conducted approximately a one-hour search and located the dog. The dog had been found and caught by another visitor. The dog walker made several false statements regarding the incident. She was issued a citation for dog off leash. 21 B. Guzman observed three juveniles, one carrying a small package, off trail in Fremont Older. He investigated the area after the juveniles left and found an empty beer can. He contacted the boys and found they had unopened beer. One boy was cited for having alcohol without a picnic lunch. The parents of all boys were called to come pick them up. 21 B. Malone and K. Carlson investigated a violation of a conservation easement on a neighbor's property adjacent to Sierra Azul, above the Kennedy Trail. The easement exists between the neighbor, the District, and the Town of Los Gatos. There was approximately I/2 mile of newly constructed road through a previously undisturbed hillside. The information was referred to the land protection specialist for follow-up. i 22 A 75-year-old man collapsed and became unconscious on the Ridge Trail at Russian Ridge. District staff, CDF and AMR responded. LifeFlight ALS personnel treated the patient and flew him to Stanford Hospital. Family members report he is recovering. 22 An apparent alcohol poisoning occurred at Monte Bello. A fraternity from Stanford University conducted an unpermitted gathering in the preserve. A subject associated with the group became unconscious and was transported by private vehicle to the Foothills Park entrance where Palo Alto rangers, fire and paramedics treated the patient. Friends of the victim had called 911. This is the third known incident involving a Stanford fraternity in the past few years. Staff have followed up with the university, and sanctions will be applied. 23 B. Malone observed four people gathered in a circle passing something, exhaling smoke, and coughing in Sierra Azul on Mt. Umunhum Rd. Upon making contact they said they had been smoking marijuana, but it was all gone. Consent was granted to search the car and a small plastic bag was found containing a small amount of marijuana. All four were cited for smoking, and one person was cited for possession of less than an ounce of marijuana. j 24 Mini-motorcycles were reported to be in the Black Mountain area of Monte Bello. Rangers responded but were unable to locate the motorcycles. Tracks indicate that they entered from the Montebello Road permit lot and rode throughout the preserve, exiting out Stevens Canyon Road. 24 An illegally constructed 150-foot trail with several bike jumps was discovered at Saratoga Gap. 28 A person was cited for operating a vehicle recklessly in the Skyline Ridge parking lot. Driving recklessly and spinning donuts in all District gravel lots in the Skyline area has been on the increase. Road surfaces and fencing have been damaged as a result of this activity. April vandalism 6 A regulatory sign at Saratoga Gap was spray painted. 7 Graffiti was sprayed on the restroom at Russian Ridge. 13 A "no Parking" sign at Thornewood was spray painted. 16 Broken glass was spread on a trailhead at Long Ridge. 22 B. Malone received a report that a cross at the former St. Joseph's Seminary was missing; saw dust was found where the cross had been. 28 A trail regulation sign was tagged in Picchetti Ranch. The graffiti was photographed and removed. f EROFFICE MEMORANDUM June 20, 2005 TO: L. Craig Britton, General Manager FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month May Year 2005 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Auto burglary 0 1 Closed area 8 12 Resisting Peace Officer 0 1 Speed 5 15 Abandoned vehicle 0 1 Helmet 8 12 Stolen plates 0 1 Night-riding 0 2 Off trail bikes 0 0 Dogs ACCIDENTS/INCIDENTS Prohibited area 5 5 Bicycle accident 2 Off-leash 12 1.3 Equestrian accident 0 Nuisance dogs 0 2 Hiking/running accident 1 Off-road vehicles 0 0 Other first aid 1 Closed area 6 6 Search & Rescue 2 After hours 0 5 Vehicle accident 1 Fishing 0 0 LZ air evacuation 0 Swimming 0 0 Fire 0 Vandalism 0 3 Parking 9 16 Parking after hours 9 19 ENFORCEMENT Dumping 0 0 Parking citations 18 Camping 0 1 Other citations 46 Campfires 0 0 Written warnings 46 Weapons Arrests 1 Actual contact 1 1 Police assistance 2 Report only 0 0 Evidence of(shots heard) 0 1 Plant collecting 0 3 MUTUAL AID Smoking 0 7 Accident 2 Group w/out permit 0 4 Medical aid 1 Nudity 0 2 Law enforcement 4 Illegal construction 0 1 Landing zone off-site 1 Violation of easement 0 1 Fire 0 Reckless driving 1 2 Encroachment 0 1 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date 1 K. Miller encountered a woman on the Santa Clara County Park side of the Zinfandel Trail who had just been bitten on her fingertip by a rattlesnake. The fingertip was bruised and swollen. He initiated a Code 3 response. Santa Clara County Fire and AMR responded. C. Sparks Hart brought in a wheeled litter. The woman was air lifted to Stanford for antivenom treatment. 2 Two illegally constructed trails at Purisima that had been closed and restored by the California Conservation Corp in November of 2004 were reopened. Wire cutters and hand tools were used to reopen the trail. Recent mountain bike activity was evident. 3 A. Correia and T. Lausten observed an excavator working on a property near the Kennedy Trail in Sierra Azul. T. Fischer was advised and a report was forwarded to him. 4 An anonymous report of a campsite off the Blue Oak Trail was given to T. Lausten, who asked K. Miller to respond. A tent hidden with camouflage netting and brush was located off trail. District rangers walked back to the trail head for safety and requested assistance from San Mateo Sheriffs Office. Two shots were heard from small caliber weapons. Rangers and the SO searched the tent, confiscated the belongings, and eventually returned them back to the owner. 5 Reckless driving incidents occurred at Skyline Ridge, Monte Bello, and Russian Ridge lots. A vehicle spinning donuts damaged road surfaces and a section of fence was hit and destroyed. 8 Rangers contacted two adults and four or five juveniles on the Coyote Trail in Rancho San Antonio. One juvenile was holding a red-tipped machine gun replica that was an Airsoft gun. Some of the juveniles had been target shooting at trees and plants. The owner was cited for BB guns prohibited. 11 A driver was observed by a ranger accelerating and fishtailing on the gravel surfaced parking lot at Monte Bello. He was issued a citation for reckless driving. He said he was speeding because he was late meeting friends for a bike ride. 13 K. Miller B. Malone and San Mateo Count Sheriff's Office conducted a search in Pul as Ridge for Y g g a reported at risk patient from the Cordilleras ital. No individual was located and the search C Hospital. was terminated. 16 A purse with house keys, credit cards, and a cell phone was taken from a car in the Los Trancos lot. 19& Nudity violations occurred in Fremont Older on two separate dates. District rangers took the 24 reports and could not locate the subject. There have been numerous reported incidents over the years in this preserve. 20 K. Miller requested the Santa Clara County Sheriff s Office to respond on a suspicious vehicle in Sierra Azul when the license plates did not match for the truck parked near gate SA-02. The SO arrested the individual for possession of stolen plates. 23 An illegal encroachment was observed in El Sereno. Tracks from a dozer went past the boundary marker into the preserve for approximately 1/4 mile. T. Fischer was notified. 28 A man was reported yelling for help off the upper section of the PG&E Trail in Rancho San Antonio. A search was conducted by District and Santa Clara County rangers and the Sheriff s Office but no one was located. The SO called off the search. 30 Forced entry occurred at the former MacDonald house at La Honda. It was entered by the breaking of padlocks and windows. Some interior walls were vandalized. May vandalism 10 Mirrors in the women's restroom at RSA County Park were scratched. 14 Graffiti was sprayed on a `No Parking' sign at Purisima. 29 The Sign board at Jacques Ridge in Sierra Azul was opened. A map was taken. Regional Open S, we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: June 17, 2005 RE: FYI's LJ' FEE ST Regionalp open Spa, a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM 61eTo: C.Britton,General Manager From: T.Fischer,Land Protection Specialist Date: June 1,2005 Subject: Starlink Logistics, Inc.Public Trail Easement Addition to the San Francisco Bay Trail le to and possession of this public trail easement was tit 0 200 5 and The trail easement was recorded on January 1 , transferred to the City of Palo Alto. staff report to the Board. In addressed in the sta p I am not aware of any use and management conce rns s that were not owneror adjoining accordance with the public notification policy, an since there were no recommendatbions,lic n�ose of escrow marks the finals which might require amendment to the use and management adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 15,2004. DEDICATION&AC UISITION CHART INFORMATION Ownership Status: Board Approval Date Count & Preserve y Grantor Acres {Fee,Easement,Lease, & & Mgmt Agreement) Resolution Number Area A.P.N. December 15,2004 San Mateo Starlink Logistics, 0.15 Easement 00-61 Ravenswood 063-2748_ 0 Incorporated 1 Dedication Date Mgmt.Status: & Type Purchase Price GIS Code C MU Closed, r Closing Date (Open,C � Status(Intended o or Other) withheld) 10 2005 na na $0.00 a Janu ry Misc.Notes: This easement was transferred directly hamhe i Logistics CWhen Palo Altity of Palo o onstru is as it is an extension of a section of the Bay Trail CitY already manages. this trail section,it will bring us closer enswoodwas Onegotiated and made possible by a pen Space Preserve to Palo Alto's Baylands Nature Preserve. This easement transfer transaction initiated by the District involving an exchange of rights at Ravenswood. cc: Board of Directors Administration Operations Accounting Planning Public Affairs 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 Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton 501 Portola Rd. Box 8065 Portola Valley, CA 94028 May 14, 2005 MidPeninsula Regional Open Space Preserve 330 Distel Cir Los Altos, Ca 94022-1404 Dear MROSIP: Let me tell you about a lot of Little Old Ladies (and some Little Old Men) who go out their back doors of The Sequoias and hike in the Windy Hill Open Space Preserve: They love the Preserve. Thank you for keeping it so spectacular. They can't all take long hikes, so they like some variety in their shorter hikes. Betsy Crowder is wonderful, but only so many days a week. Many of us found a delightful short hike from the "crossroads" where the Sequoias Trail joins the trail coming from the main Windy Hill parking lot and the Spring Ridge Trail. The sign there tells us that it is 0.4 mi to Alpine Road, 0.2 miles to Hamm's Gulch, 0.2 miles to Betsy Crowder and 2.3 miles to Windy Hill summit. We would go up the Spring Ridge Trail for a distance of 296 feet, then turn left onto a side trail that, in 149 feet, took us to join the newer Meadow Trail. From there we would go uphill to the junction of the Spring Ridge Trail, turn right and return back to the crossroads. Imagine our dismay when we found that little bit of trail closed! Please, it is just a short segment, and "Resource Protection" doesn't seem hugely important for those 149 feet of barely sloping trail, please, won't you reopen it for us? j Sincerely yours; 4. Betsy Carpenter I Regional Open SpiRce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 2, 2005 i Betsy Carpenter 501 Portola Road, Box 8065 Portola Valley, CA 94028 Re: Trails at Windy Hill Open Space Preserve Dear Ms. Carpenter, Thank you for your interest in the trails at Windy Hill Open Space Preserve. The District's Board of Directors considered your letter dated May 14, 2005 at their regular meeting last night. In your letter, you inquire specifically about an area where people have veered off the Spring Ridge Trail just below the intersection with the Betsy Crowder Trail to connect to the Meadow Trail. This area has received a fair amount of use in the past, evidenced by the trampled vegetation and compacted ground surface, which explains why our District Rangers recently posted signs indicating that the area is closed for resource protection. Our most recent trail projects at Windy Hill include the completion of the Meadow Trail, which I am happy to know you enjoy, and the completion of draft design plans for an observation deck at Sausal Pond. The District will soon submit final deck plans and permits to the Town of Portola Valley. Currently, the District is in the midst of a busy construction season, managing a number of new trail construction projects at various other Preserves. However, we will discuss prioritization of pending trail projects including your request for a trail connection at Windy Hill at an upcoming Use and Management Committee meeting that will be scheduled in the near future. We will keep you apprised of the timing for consideration of new trails at Windy Hill. Sincerely, k H sett, resident Board o Directors cc: MROSD Board of Directors LH:ar i 33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mory 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 e. Regional Open S __,L e ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 3, 2005 I Jonathan R. Shull California JPIA 8081 Moody Street La Palma, CA 90623 Dear Jon: Thank you for helping to sponsor the Tenth Not-so-Annual 2005 California Special Park and Open Space Districts Conference in Monterey. Your discussion on how public agencies could benefit from the services provided by CJPIA was very valuable for the attendees. To date we have received only positive feedback regarding the information you provided. Once again, thank you for your sponsorship and for making the conference a benefit to all who pard ated. Sincerely, i L. Craig Britton General Manager cc: MROSD Board of Direct ors 1 i 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DI RECTORS: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 i Regional Open Sp-ce ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 3, 2005 Tom Lockard Stone & Youngberg One Ferry Building San Francisco CA 94111 m: Dear Tom: Thank you for helping to sponsor the Tenth Not-so-Annual 2005 California Special Park and Open Space Districts Conference in Monterey. Your discussion of the District's financing history and our relationship with your firm was very valuable for the attendees. To date we have received only positive feedback regarding the information you provided. Once again, thank you for your sponsorship and for making the conference a benefit to all who participated. Since ely, L. Craig Britton General Manager cc: MROSD Board of Directors 33o Distel Circle 650-6gri2oo info@openspace.org BOARD OFD IRE CTORs:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0495 fax www.openspace.org Deane Little,Nonette Honko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: S. Thielfoldt, Assistant General Manager From: M. Williams, eal Property Manager Date: June 6, 2005 Subject: License and Management Agreement of the Peninsula Open Space Trust(Rapley Ranch) Property adjacent to Russian Ridge Open Space Preserve -acre An Agreement was entered into on June 1, 2005, and management responsibility for the 151 property passed to the District. I am not aware of any use and management concerns that were not addressed in the staff Report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments that might require amendment to the use and management recommendations, approval of the License and Management Agreement marks the final adoption of the Preliminary Use and Management Plan recommendation as tentatively approved by the Board of Directors at its meeting on June 1, 2005. DEDICATION&AC!2UISITION CHART INFORMATION Preserve County Ownership Status: Board Approval Date & & Grantor Acres (Fee,Easement,Lease, & Area A.P.N. Mgmt Agreement) Resolution Number San Mateo County Peninsula Open Management Russian Ridge 078-210-370& Space Trust 151 Agreement June 1,2005 080-320-170 Mgmt.Status: Dedication Date & Closing Date (Open,Closed,CMU, Type Purchase Price GIS Code or Other) Status(Intended or Withheld) N/A Closed N/A N/A N/A Misc.Notes: cc: Board of Directors Administration Operations—License and Management Agreement attached Accounting Planning-License and Management Agreement attached Public Affairs 330 Distel Circle e Los Altos, CA 94022-1404 Phone:650-691-1200 M Fax:650-691-0485 - E-mail: i-nrosd@openspace.org o Web site:www.openspace.org OFpEEs, Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C. Nitz o General Manager:L.Craig Britton Regional Open S1, ..e 1 �.. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 7, 2005 i i Joe Donofrio, General Manager Tim Jensen, Special Projects/Planning Manager Monterey Peninsula Regional Park District 60 Garden Court, Suite 325 Monterey CA 93940 Dear Joe and Tim: This year's Not-so-Annual Conference was a big success! We have received a lot of positive comments from our survey of participants. Thank you for co-hosting this event with us. The location, beautiful Monterey, and the weather you custom-ordered for the event, made it especially enjoyable. Thanks also for arranging the tour of your newest property and the expertise and history you shared with us all. We look forward to working with you again in the future. Sincerely, Sally ielfoldt Assistant General Manager cc: MROSD Board of Directors i I I 33o Distel Circle 650-691-1200 info@openspace.org BOAR D OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane tittle,Nanette Hanko,Larry Hossett,Kenneth Cr Nitz L.Craig Britton Redone/ Open Sp ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I June 3, 2005 I Holly Van Houten, Executive Director Bob Power, South and East Bay Trail Director Bay Area Ridge Trail Council 1007 General Kennedy Avenue, Suite 3 San Francisco, CA 94129-1405 Dear Holly and Bob: On behalf of District staff, the Board of Directors and myself, I would like to thank both of you for your presentation at the June 1 2005 Board meeting. We appreciated your taking the time to share your vision for open space preservation and connecting people and communities through the Ridge Trail. We are proud to have assisted the Council in providing a number of those connections through District preserves. We are pleased to continue to maintain our close relationship as a public agency partner supporting the Council's achievements as you reach the goal of dedicating 300 miles of trail by the end of this year. S''cer , L. Craig Britton General Manager cc: MROSD Board of Directors 33o Distel Circle 650-6gi-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Honko,Larry Hossett,Kenneth C Nitz L.Craig Britton Regional , -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 7, 2005 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Monthly and Quarterly Investment and Security Transaction Report Attached is the District's current portfolio of cash investments. All reserve and program funds established pursuant to public debt issues continue to be invested through the offices of the designated trustees. All instruments are in compliance with our latest Statement of Investment Policy, last approved on May 11, 2005. The District receives and maintains complete monthly reports of all investments managed by bond trustees. Santa Clara County last reported the pooled fund yield at 2.50% as of March 31, 2005. This yield remains below general market rates. On May 17, 2005, we reinvested $3 million of maturing investments at Stone & Youngberg in a 3 month Federal Home Loan Discount Note yielding 3.14%. Our cash position, together with estimated near-term revenues, is adequate to cover cash requirements over the next six months. Enclosure cc: B. Congdon C. Britton S. Thielfoldt Auditor IROEEHEST ___s � OF MROSD INVESTMENT PORTFOLIO—May 31,2005 ISSUE SANTA CLARA COUNTY POOLED $27,828,280 INVESTMENT FUND(2.50%on 3/31/05), per 5/31/05 General Ledger Account Analysis. Guaranteed Investment Contract AIG Inc. $10,000,000 Drawable beginning May 1, 2006. Final maturity not later than December 15, 2007. Yield: 3.21%, market value as of 4/30/05 $10,068,81 1 Federal National Mortgage Association Discount Note (AAA) $989,212 Due 6/13/05 yielding 2.70%, market value as of3/31/05 $1,000,000 Federal Horne Loan Bank Discount Note(AAA) $989,239 Due 6/16/05 yielding 2.67%, market value as of 3/31105 $994,000 Federal Home Loan Bank Discount Note (AAA) $2,976,975 Due 8/16/05 yielding 3.14%, market value as of 5/18/05 $2,976,975 Certificate of Deposit at Mid-Peninsula Bank 1,015,948 Due 4/28/06 yielding 3.05%. 1996 REVENUE BOND RESERVE FUND 1,638,627 Managed by Trustee BNY Western Trust Co. Guaranteed investment contract yielding 4.89%. As of May 31, 2005, BNY and MBIA report par value of$1,638,627, market value of$l,660,795 and a maturity date of 9/1/26. Reserve requirement is $1,666,197. 2004 REVENUE BOND RESERVE FUND 1,427,337 Managed by Trustee BNY Western Trust Co. Guaranteed investment contract yielding 4.94%. As of March 31, 2005, BNY and MBIA report par value of$1,427,337, market value of$1,446,821 and maturity date of 4/l/34. Reserve requirement is $1,393,435. TOTAL "4�3�� Regional Open Sr -ce ------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 9,2005 Brigit Espinosa West Valley-Mission Community College District 14000 Fruitvale Avenue Saratoga, CA 95070-5698 RE: West Valley Long Range Development Plan/Facilities Master Plan Draft Environmental Impact Report(DEIR) Dear Ms. Espinosa, On behalf of the Midpeninsula Regional Open Space District(District),I would like to submit the following comments regarding the DEIR for the West Valley Long Range Development Plan/Facilities Master Plan.The District owns and manages approximately 50,000 acres of open space land on the San Francisco Peninsula in a series of 26 preserves stretching from the San Francisco Watershed Lands to south of Los Gatos. As an open space protection agency,the District is keenly concerned about potential impacts to native flora and fauna and local habitats. Impacts to Bats and Bat-Roosting Habitat The DEIR lists a bat habitat assessment to determine the suitability of structures slated for demolition as bat roost habitat and the humane exclusion and eviction of bats to avoid take of non-volant bats. For the protection of the bat,it is also critical that the contractor and crew working onsite learn to recognize potential impacts to bats and bat roosting habitat before these occur. Please include as a mitigation measure the requirement for the contractor and crew to attend a pre-construction consultation meeting led by a qualified bat biologist. At this meeting,the biologist should conduct worker awareness training that includes information on bat sensitivity and procedures on protecting bats during construction activities. Also,during demolition,the bat consultant should be made available for"on-call"consultation and visit the construction site when necessary to determine the level of disturbance and advise staff accordingly. Impacts to the California Red-legged frog Similarly,the DEIR should also include as a mitigation measure the requirement for the contractor and crew to attend a pre-construction consultation meeting led by a qualified California Red-legged frog biologist. At this meeting,the biologist should conduct a worker awareness training that includes instructions on how to recognize the frog and notification and stop work procedures if frogs are found. The District appreciates the opportunity to comment on the DEIR. If you have any questions,please contact Ana Ruiz, Open Space Planner 11,at(650)691-1200. Sincerely, Sallyfoldt, Acting G eral Manager Midpeninsula Regional Open Space District ST:ar 33o Distel Circle 650-691-1200 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 Regional Open Se 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 10,2005 Mike Schaller,Planner III Planning and Building Division Environmental Services Agency 455 County Center,2"a Floor Redwood City, CA 94063 Subject: Notice of Preparation of an Environmental Impact Report for Clos de la Tech Winery(APN 078-230-010) Dear Mr. Schaller: On behalf of the Midpeninsula Regional Open Space District,please accept the following comments regarding the Notice of Preparation of an Environmental Impact Report for the Clos de la Tech Winery g g p received by the District on May 9, 2005. Created by voters more than 30 years ago, the District successfully manages approximately 50,000 acres of public open space land in San Mateo, Santa Clara and Santa Cruz Counties.The proposed project is located in an area between the District's La Honda Creek Open Space Preserve and Russian Ridge Open Space Preserve, and in the vicinity of other protected open space lands. In addition to the scope and content of environmental review proposed,we would like to bring to your attention other issues that should be analyzed with respect to open space and environmental resources.We have serious concerns about the following: Conformance with the General Plan The zoning text amendment must be thoroughly evaluated for its conformance with the goals proposed and intent of the General Plan. The proposed amendments to the County's Zoning Regulations are in n 's General Plan. and Conservation Elemen t of the Cou Open Space a t conflict with the goals of the O h' direct p g p Locating large acreage vineyards within the upper elevations of the Santa Cruz Mountains will increase the erosion and sedimentation within the coastal streams providing habitat to Threatened steelhead trout. Hazards and Hazardous Materials Increased building and activity can potentially increase fire hazards and risk to the project site and to surrounding properties. The project must be evaluated for its potential increase in fire hazard due to the operation,the volume of hu man activity,both employees and visitors, and the vehicular use of the winery op tY� site. I 33o Distel Circle 650-69i-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 Mr. Schaller June 10,2005 Page 2 of 3 Numerous chemicals are used in growing vineyards and in wine production and bottling.The potential impact of the use and disposal of chemicals in the vineyards including pesticides,herbicides, fertilizers and other toxic substances,and the use and disposal of chemicals in the winemaking operation must be analyzed. Although the project proponent describes the proposed winery activities as"organic",this does not preclude the use of pesticides,herbicides, fertilizers, and other toxic substances. The"organic" certification merely restricts the use of these substances to those approved for use in"organic"operations. Significant detrimental environmental affects may still arise from the use of"organic"substances and must be analyzed in the environmental review. Cultural Resources The Santa Cruz Mountains have a rich history of Native American villages, Spanish exploration,and early American settlements associated with the California Gold Rush.The project must be evaluated for its potential impact on archaeological sites,Native American burial sites, and historic structures. Public Services The project will demand public services including,emergency medical services, fire suppression services, utilities, and water. The potential impact of the project on the level of these services must be analyzed. Recreation The potential impact of the project on the historic recreational use of property must be analyzed. Vegetation and Wildlife The project site provides significant habitat for a variety of plant and animal species.The potential impact of the project on the conversion of the natural landscape and destruction of the present ecosystem must be analyzed including,but not limited to: tree removal,barriers to connectivity of wildlife corridors, sedimentation in creeks affecting fisheries. Steelhead trout are present within Langley Creek,with the last survey identifying the presence of juvenile salmonids in 1996(California Department of Fish and Game Stream Inventory Report for Langley Creek). Any potential impacts to this species, such as exist with this project,requires mandatory consultation with the regulatory agencies. Traffic and Circulation The impact of the proposed project on traffic volumes, safe access to public roadways, and parking demand must be analyzed. Hydrology and Water Quality The impact of the proposed project on the water quality of the San Gregorio Creek Watershed and any potential impacts to water quality and availability to downstream water users resulting from site clearing, alteration of the natural landscape, vineyards,development and operation of a winery, development and use of roads on-site must be analyzed.Potential impacts on the water rights of neighbors must be analyzed. Alternatives to the Proposed Project An evaluation should be made of an alternative that includes a project of reduced scale that is in compliance with current zoning and land use regulations, and a conservation easement to ensure availability of water resources to downstream users and overall watershed protection. it Mr. Schaller June 10,2005 Page 3 of 3 We appreciate the opportunity to comment on the scope and content of the environmental information to be included in the Environmental Impact Report for the Clos de la Tech Winery and look forward to receiving notification of future opportunities for input on this project. Should you have any questions, please contact Kirk Lenington,Resource Planner at(650) 691-1200. Sincerely, I Cathy oodbury,ASL AICP Planning Manager cc: MROSD Board of Directors L. Craig Britton, General Manager CW:cb PAChron File\Kirk\Comments on EIR NOP Clos de la Tech Winery 6-10-05.doc Craig Britton To: Rudy Jurgensen Subject: RE: June 4 Party From: Ruth Waldhauer [mailto:waldhauer@batnet.com] Sent: Thursday, June 09, 2005 12: 49 PM To: Rudy Jurgensen Subject: June 4 Party That was a very good party last Saturday! ! ! Beez Jones talked with me for quite a while. I was pleasantly surprised that she decided to sell to POST with MROSD managing the lands. Larry Hassett and all the MROSD speakers did well. They set a good tone. Mary Bordi gave a well reasoned, positive talk. George Bordi told amusing stories. They both seemed happy with POST buying and preserving the old family homestead. I spoke at some length with Mary while her grand-daughter played in the creek. Best Regards, Ruth Waldhauer 22400 Skyline Boulevard Box 35 La Honda CA 94020 650-948-1466 waldhauer@batnet .com BARBARA BOXER COMMITTEES: CALIFORNIA COMMERCE,SCIENCE, AND TRANSPORTATION ENVIRONMENT 'United �tatcs 95cnatc AND PUBLIC WORKS FOREIGN RELATIONS HART SENATE OFFICE BUILDING SUITE 112 WASHINGTON,DC 20510-0505 (202)224-3553 �y y_ http://boxer.senate.gov/contact R E '`I r r CC� June 3, 2005 ■`�./■G V Mr. L. Craig Britton JUN 13 2005 General Manager AIDPENINSULAPEGIOwQ?En Regional Open Space GPACEOIMIrT 330 Distel Circle Los Altos, California 94022-1404 Dear Mr. Britton: Thank you for contacting my office to express your views. I believe that all citizens should become involved in the legislative process by letting their voices be heard, and I appreciate the time and effort that you took to share your thoughts with me. One of the most important aspects of my job is keeping informed about the views of my constituents, and I welcome your comments so that I may continue to represent California to the best of my ability. Should I have the opportunity to consider legislation on this or similar issues, I will keep your views in mind. For additional information about my activities in the U.S. Senate, please visit my website, http: //boxer.senate.gov. From this site, you can access statements and press releases that I have issued about current events and pending legislation, request copies of legislation and government reports, and receive detailed information about the many services that I am privileged to provide for my constituents. You may also wish to visit http: //thomas.loc.gov to track current and past legislation. Again, thank you for taking the time to share your thoughts with me. I appreciate hearing from you. Sincerely, J�� Am�v Barbara Boxer United States Senator BB:ala 1700 MONTGOMERY STREET 312 NORTH SPRING STREET 501'I'STREET 1130'O'STREET 600'B'STREET 201 NORTH'E'STREET SUITE 240 SUITE 1748 SUITE 7-600 SUITE 2450 SUITE 2240 SUITE 210 SAN FRANCISCO,CA 94111 LOS ANGELES,CA 90012 SACRAMENTO,CA 95914 FRESNO,CA 93721 SAN DIEGO.CA 92101 SAN BERNARDINO,CA 92401 (415)403-0100 (213)894-5000 (916)448-2787 (559)497-5109 (619)239-3884 (909)888-8525 PRINTED ON RECYCLED PAPER Claims No 05-11 Meeting 05-13 Date 6/22/2005 Midpeninsula Regional Open Space District # Amount Name Description 2835 $1,195.91 A Taste Of Monterey Hosting Reception Expenses-N.S.A.Conference 2836 $525.00 A-Total Fire Protection 5 Year Check For FFO Sprinkler System 2837 $773.99 Acme&Sons Sanitation Sanitation Services-50k Acre Event 2838 $299.42 All Laser Service Office Printer Repair 2839 $86.75 Allied Auto Works Oil Change 2840 $520.80 American Tower Corporation Tower Rent-Coyote Peak 2841 $1,039.20 Appleone Employment Services HR Temp Service 2842 $33.80 AT&T Telephone Service 2843 $126.23 BFI Garbage service 2844 $332.39 Britton,L.Craig Reimbursement-N.S.A.Conference Expenses 2845 $867.78 Bruce Barton Pump Service,Inc. Replace Pressure Tank-19830 Skyline Blvd. 2846 $200.00 Bruce Elliott Docent Enrichment Training 2847 $224.65 California Water Service Company Water Service-Foothills Field Office 2848 $510.41 Carsonite International Roadmarker/Signs 2849 $150.11 Cascade Fire Equipment Company Field Supplies 2850 $14.00 City of Los Altos Annual Alarm Permit 2851 $64.84 Clean Source Janitorial Supplies 2852 $60.32 CMK Automotive Inc. Brake Inspection&Service 2853 $55.29 *1 Conoco Phillips 76 Fuel 2854 $198.41 Costco Office Supplies 2855 $4,894.10 *2 County of San Mateo Building Permit Fees-Ridgetop Trail 2856 $290.00 County of Santa Clara--Fiscal Fingerprint Services Services 2857 $2,030.66 Cresco Equipment Rentals Cat Excavator For South Canyon Trail,Ward Road Backhoe Rental&Skiploader Rental for ECDM Creek Erosion Control 2858 $70.00 Curiale Dellaverson Hirschfeld Legal Services 2859 $492,25 Cuzick,Elaina Reimbursement-Decorations&Supplies for 50k Acre Event,Accomodations for S.P.D.F. 2860 $1,800.00 Dahn Design,LLC Interpretive Signs 2861 $367.84 Deane Little Reimbursement-Not So Annual Conference 2862 $65.00 Del Rey Building Maintenance Replace Lights 2863 $5,175.60 Design Concepts Graphic Design Services 2864 $3,900.00 *3 Divine Catering Catering Services for 50,000 Acre Event 2865 $54.11 Downing,Brendan Reimbursement-Cord For Camera 2866 $990.00 EKI Consulting Services-Forde Property 2867 $1,396.75 Fed Ex Kinko Copy Services-Litigation Files 2868 $260.36 Fitzsimons,Renee Reimbursement-N.S.A. Expenses,O.E.L.&M.E.E.A. Meeting&Training Expenses.Mileage 2869 $268.01 Forestry Supplies,Inc. Field Supplies 2870 $209.39 Freeman,Matt Mileage Reimbursement 2871 $56.55 G&K Service Shop Towel Service 2872 $2,050.23 Gardenland Power Equipment Field Supplies,Tools&Equipment 2873 $340.96 Gilroy Motorcycle Center ATV Helmets 2874 $1,698.00 Glastonbury,Inc.Audio Visual Audio/Video Equipment-N.S.A.Conference 2875 $371.54 Great Printing&Copies Spaces&Species Passport-Covers And Inserts 2876 $111.22 HBC Repairs-Phone System 2877 $419.93 Home Depot Credit Services Field Supplies&Equipment 2878 $2,250.00 IEDA,Inc. Consulting Services-Labor Relations 2879 $275.00 Jesperson,Michelle Tuition Reimbursement 2880 $367.20 Jobs Available,Inc. Recruitment Ad-Land Protection Specialist Page 1 of 3 I r Claims No 05-11 Meeting 05-13 Date 6/22/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2835 $1,195.91 A Taste Of Monterey Hosting Reception Expenses-N.S.A.Conference 2836 $525.00 A-Total Fire Protection 5 Year Check For FFO Sprinkler System 2837 $773.99 Acme&Sons Sanitation Sanitation Services-50k Acre Event 2838 $299.42 All Laser Service Office Printer Repair 2839 $86.75 Allied Auto Works Oil Change 2840 $520.80 American Tower Corporation Tower Rent-Coyote Peak 2841 $1,039.20 Appleone Employment Services HR Temp Service 2842 $33.80 AT&T Telephone Service 2843 $126.23 BFI Garbage service 2844 $332.39 Britton,L.Craig Reimbursement-N.S.A.Conference Expenses 2845 $867.78 Bruce Barton Pump Service,Inc. Replace Pressure Tank-19830 Skyline Blvd. 2846 $200.00 Bruce Elliott Docent Enrichment Training 2847 $224.65 California Water Service Company Water Service-Foothills Field Office 2848 $510.41 Carsonite International Roadmarker/Signs 2849 $150.11 Cascade Fire Equipment Company Field Supplies 2850 $14.00 City of Los Altos Annual Alarm Permit 2851 $64.84 Clean Source Janitorial Supplies 2852 $60.32 CMK Automotive Inc. Brake Inspection&Service 2853 $55.29 *1 Conoco Phillips 76 Fuel 2854 $198.41 Costco Office Supplies 2855 $4,894.10 "2 County of San Mateo Building Permit Fees-Ridgetop Trail 2856 $290.00 County of Santa Clara--Fiscal Fingerprint Services Services 2857 $2,030.66 Cresco Equipment Rentals Cat Excavator For South Canyon Trail,Ward Road Backhoe Rental&Skiploader Rental for ECDM Creek Erosion Control 2858 $70.00 Curiale Dellaverson Hirschfeld Legal Services 2859 $492.25 Cuzick,Elaina Reimbursement-Decorations&Supplies for 50k Acre Event,Accomodations for S.P.D.F. 2860 $1,800.00 Dahn Design,LLC Interpretive Signs 2861 $367.84 Deane Little Reimbursement-Not So Annual Conference 2862 $65.00 Del Rey Building Maintenance Replace Lights 2863 $5,175.60 Design Concepts Graphic Design Services 2864 $3,900.00 `3 Divine Catering Catering Services for 50,000 Acre Event 2865 $54.11 Downing,Brendan Reimbursement-Cord For Camera 2866 $990.00 EKI Consulting Services-Forde Property 2867 $1,396.75 Fed Ex Kinko Copy Services-Litigation Files 2868 $260.36 Fitzsimons,Renee Reimbursement-N.S.A. Expenses,O.E.L.&M.E.E.A. Meeting&Training Expenses.Mileage 2869 $268.01 Forestry Supplies, Inc. Field Supplies 2870 $209.39 Freeman,Matt Mileage Reimbursement 2871 $56.55 G&K Service Shop Towel Service 2872 $2,050.23 Gardenland Power Equipment Field Supplies,Tools&Equipment 2873 $340.96 Gilroy Motorcycle Center ATV Helmets 2874 $1,698.00 Glastonbury,Inc.Audio Visual Audio/Video Equipment-N.S.A.Conference 2875 $371.54 Great Printing&Copies Spaces&Species Passport-Covers And Inserts 2876 $111.22 HBC Repairs-Phone System 2877 $419.93 Home Depot Credit Services Field Supplies&Equipment 2878 $2,250.00 IEDA,Inc. Consulting Services-Labor Relations 2879 $275.00 Jesperson,Michelle Tuition Reimbursement 2880 $367.20 Jobs Available,Inc. Recruitment Ad-Land Protection Specialist Page t of 3 Claims No 05-11 Meeting 05-13 Date 6/22/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2881 $296.61 John Shelton,Inc. Field Supplies 2882 $1,403.75 Johnson&Associates Compensation Survey 2883 $220.33 Lab Safety Supply Field Supplies 2884 $313.44 Larry Hassett Reimbursement-Not So Annual Conference 2885 $600.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 2886 $145.80 Lenington,Kirk Reimbursement-Mileage 2887 $4,489.53 LFR Levine Fricke Design And Engineering Services 2888 $250.00 Liebert Cassidy Whitmore Legal Services 2889 $2,822.25 Lisa Bush Grazing Assessment Services-La Honda Creek 2890 $541.64 Los Altos Garbage Co. Refuse Services 2891 $6,266.00 Miller,Starr&Regalia Legal Services 2892 $905.10 Muniquip Canycom Crawler Rental For Pulgas Ridge 2893 $324.97 Nitz,Ken Reimbursement-N.S.A.Conference Accomodations 2894 $345,00 Normal Data Database Consulting 2895 $696.86 Norton,Julie Reimbursement-Supplies for N.S.A.Conference&50,000 Acre Event 2896 $1,315.14 Office Depot Office Supplies 2897 $1,000.00 '4 Old Republic Title Company Title&Escrow Fee-Post/Miramontes Ridge Deposit 2898 $1,325.83 Orchard Supply Hardware Field Equipment&Supplies 2899 $3,832.62 Page&Turnbull Construction Drawings&Services-Picchetti Ranch Winery Building 2900 $7,711.35 Patsons Media Group Printing Services-50k Acre Event Invitations&Map Cards,Fremont Brochures,Rancho County Brochures, Ravenswood Brochures,Letterhead&Envelopes, Resolution Forms 2901 $1,134.16 Peninsula Digital Imaging Printing Services 2902 $2,503.02 Post Haste Direct Mail Services Newsletter Mailing Postage 2903 $1,641.01 Powerland Equipment,Inc. Flails For Skyline John Deere Mower 2904 $249.00 Protection One Alarm System-Admin.Office 2905 $363.50 Quality Toner Products Toner Cartridges 2906 $49.94 R.E.Borrmann's Steel Co.,Inc. Steel Straps for Monolith 2907 $91.45 Rancho Ace Hardware&Garden Shop Field Supplies 2908 $40.19 Rayne Water Conditioning Water Conditioner Service 2909 $791.61 Redwood General Tire Co.,Inc. Tires&Alignment 2910 $800.00 Roddenberry,Jonas Reimbursement-Tuition For Environmental Economics Course 2911 $712.58 Roessler,Cindy Reimbursement-Society For Ecological Restoration Conference 2912 $4,551.02 Roy's Repair Service Vehicle Repairs&Service 2913 $852.25 Sagues,Matt Reimbursement-Mileage&Tuition For Water Resource Class 2914 $606.35 San Jose Water Company Water Service 2915 $10.00 San Mateo Co.Public Health Lab. Tick Testing 2916 $25.00 "5 San Mateo County Notice Of Exemption Fee-Rupley Ranch 2917 $113.47 SBC Internet Service A.O.&Alarm Service F.F.O 2918 $1,444.68 SBC Telephone Service 2919 $0.67 SBC/MCI Balance For Final Long Distance Charges-Account Closed 2920 $146.49 Schectman,Susan Conference Reimbursement-N.S.A.&League Of California Cities 2921 $3,339.60 Seever,Richard DBA Rural Pig Mgmnt. Pig Control Services 2922 $862.35 '6 Shell Credit Card Center Fuel 2923 $210.00 Skyline County Water District Water Service Page 2 of 3 Claims No 05-11 Meeting 05-13 Date 6/22/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2924 $332.00 *7 Skyline County Water District Dust Abatement 2925 $357.00 State of Califorinia Dept.of Toxic EPA Fees Substance Control 2926 $855.18 Summit Uniforms Uniform Expense 2927 $476.53 Sylvania Lighting Services Replace Outdoor Lights For A.O.Bldg. 2928 $529.56 Thielfoldt,Sally Reimbursement-Mileage&N.S.A.Conference 2929 $2,132.81 Tires on the Go Tires 2930 $123.00 Tran,Minh Reimbursement-Computer Supplies 2931 $28.40 United Parcel Service Parcel Shipping 2932 $123.41 United Rentals Highway Tech. Measure Wheel 2933 $99.26 Valterria,Thomas Reimbursement-Uniform Expense 2934 $682.00 WAC Corporation,Inc. Aerial Photos 2935 $462.51 West Payment Center Legal Books/Supplements 2936 $50.00 William Flaxington Western Fence Lizard Photo 2937 $143.61 Woodbury,Cathy Mileage Reimbursement 2938 $85.92 Xpedite Systems,Inc. Fax Broadcast System Services 2939 R $569.49 All Premium Volunteer Supplies 2940 R $396.63 Altieri,Kristi Reimbursement-Special District's Forum 2941 R $863.41 Britton,L.Craig Reimbursement-Special District's Forum 2942 R $226,466.00 California JPIA General Liability&Workers Compensation Insurance 2943 R $117.43 California Water Service Company Water Service 2944 R $1,289.08 Davey,Mary Reimbursement-N.S.A.Conference&Special District's Forum 2945 R $11,903.07 EDAW Master Plan Contract Services-Sierra Azul&Bear Creek Redwood OSP 2946 R $56.98 Federal Express Express Mailing 2947 R $76.14 Fischer,Tom Reimbursement-Mileage 2948 R $22,881.15 Grand Prix Two 2005 Kawasaki All Terrain Utility Vehicles 2949 R $16.76 Kinko's Printing Services 2950 R $2,838.00 Liebert Cassidy Whitmore Legal Services,(Personnel)&Training 2951 R $1,139.34 Pacific Water Systems Water Filter System-Maintenance Materials 2952 R $3,650.00 Palo Alto Tractor Stevens Creek Ranch-Barn Demolition/Cleanup 2953 R $262.80 Pamela Naito Reimbursement-CalPers Training Expenses 2954 R $787.04 Petry Cash Conference&Training Expense,Office&Field Supplies, Mileage Reimbursement&Local Business Meeting Expense Total $372,623.07 *1 Urgent Check Issued 06/14/05 *2 Urgent Check Issued 06/07/05 *3 Urgent Check Issued 06/03/05 *4 Urgent Check Issued 06/15/05 *5 Urgent Check Issued 06/02/05 *6 Urgent Check Issued 06/14/05 *7 Urgent Check Issued 06/03/05 Page 3 of 3 Claims No 05-11 Meeting 05-13 Date 6/22/2005 Midpeninsula Regional Open Space District # Amount Name Description 2881 $296.61 John Shelton,Inc. Field Supplies 2882 $1,403.75 Johnson&Associates Compensation Survey 2883 $220.33 Lab Safety Supply Field Supplies 2884 $313.44 Larry Hassett Reimbursement-Not So Annual Conference 2885 $600.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 2886 $145.80 Lenington,Kirk Reimbursement-Mileage 2887 $4,489.53 LFR Levine Fricke Design And Engineering Services 2888 $250.00 Liebert Cassidy Whitmore Legal Services 2889 $2,822.25 Lisa Bush Grazing Assessment Services-La Honda Creek 2890 $541.64 Los Altos Garbage Co. Refuse Services 2891 $6,266.00 Miller,Starr&Regalia Legal Services 2892 $905.10 Muniquip Canycom Crawler Rental For Pulgas Ridge 2893 $324.97 Nitz,Ken Reimbursement-N.S.A.Conference Accomodations 2894 $345.00 Normal Data Database Consulting 2895 $696.86 Norton,Julie Reimbursement-Supplies for N.S.A.Conference&50,000 Acre Event 2896 $1,315.14 Office Depot Office Supplies 2897 $1,000.00 "4 Old Republic Title Company Title&Escrow Fee-Post/Miramontes Ridge Deposit 2898 $1,325.83 Orchard Supply Hardware Field Equipment&Supplies 2899 $3,832.62 Page&Turnbull Construction Drawings&Services-Picchetti Ranch Winery Building 2900 $7,711.35 Patsons Media Group Printing Services-50k Acre Event Invitations&Map Cards,Fremont Brochures,Rancho County Brochures, Ravenswood Brochures,Letterhead&Envelopes, Resolution Forms 2901 $1,134.16 Peninsula Digital Imaging Printing Services ! 2902 $2,503.02 Post Haste Direct Mail Services Newsletter Mailing Postage 2903 $1,641.01 Powerland Equipment,Inc. Flails For Skyline John Deere Mower 2904 $249.00 Protection One Alarm System-Admin.Office 2905 $363.50 Quality Toner Products Toner Cartridges 2906 $49.94 R.E.Borrmann's Steel Co.,Inc. Steel Straps for Monolith 2907 $91.45 Rancho Ace Hardware&Garden Shop Field Supplies 2908 $40.19 Rayne Water Conditioning Water Conditioner Service 2909 $791.61 Redwood General Tire Co.,Inc. Tires&Alignment 2910 $800.00 Roddenberry,Jonas Reimbursement-Tuition For Environmental Economics Course 2911 $712.58 Roessler,Cindy Reimbursement-Society For Ecological Restoration Conference 2912 $4,551.02 Roy's Repair Service Vehicle Repairs&Service 2913 $852.25 Sagues,Matt Reimbursement-Mileage&Tuition For Water Resource Class 2914 $606.35 San Jose Water Company Water Service 2915 $10.00 San Mateo Co.Public Health Lab. Tick Testing 2916 $25.00 '5 San Mateo County Notice Of Exemption Fee-Rupley Ranch 2917 $113.47 SBC Internet Service A.O.&Alarm Service F.F.O 2918 $1,444.68 SBC Telephone Service 2919 $0.67 SBC/MCI Balance For Final Long Distance Charges-Account Closed 2920 $146.49 Schectman,Susan Conference Reimbursement-N.S.A.&League Of California Cities 2921 $3,339.60 Seever,Richard DBA Rural Pig Mgmnt. Pig Control Services 2922 $862.35 `6 Shell Credit Card Center Fuel 2923 $210.00 Skyline County Water District Water Service Page 2 of 3 Claims No 05-11 Meeting 05-13 Date 6/22/2005 Midpeninsula Regional Open Space District # Amount Name Description 2924 $332.00 *7 Skyline County Water District Dust Abatement 2925 De State of Califorinia 357.00 t.of Toxic EPA Fees $ p Substance Control 2926 $855.18 Summit Uniforms Uniform Expense 2927 $476.53 Sylvania Lighting Services Replace Outdoor Lights For A.O.Bldg. 2928 $529.56 Thielfoldt,Sally Reimbursement-Mileage&N.S.A.Conference 2929 $2,132.81 Tires on the Go Tires 2930 $123.00 Tran,Minh Reimbursement-Computer Supplies 2931 $28.40 United Parcel Service Parcel Shipping 2932 $123.41 United Rentals Highway Tech. Measure Wheel 2933 $99.26 Valterria,Thomas Reimbursement-Uniform Expense 2934 $682.00 WAC Corporation,Inc. Aerial Photos 2935 $462.51 West Payment Center Legal Books/Supplements 2936 $50.00 William Flaxington Western Fence Lizard Photo a Reimbursement 2937 $143.61 Woodbury,Cathy Mileage 2938 $85.92 Xpedite Systems,Inc. Fax Broadcast System Services I Total $99,309.75 *1 Urgent Check Issued 06/14/05 *2 Urgent Check Issued 06/07/05 *3 Urgent Check Issued 06/03/05 *4 Urgent Check Issued 06/15/05 *5 Urgent Check Issued 06/02/05 I *6 Urgent Check Issued 06/14/05 *7 Urgent Check Issued 06/03/05 i I i Page 3 of 3