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HomeMy Public PortalAboutResolution - 04-18- 20040623 - CCC Grant Agreement RESOLUTION NO. 04-18 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE GRANT AGREEMENT FOR GRANT FUNDS FROM THE CALIFORNIA STATE COASTAL CONSERVANCY FOR THE PENINSULA OPEN SPACE TRUST MIRAMONTES RIDGE PROPERTY ACQUISITION WHEREAS,the Legislature has established the California State Coastal Conservancy under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement these provisions; and WHEREAS, grants are awarded under eligibility guidelines adopted by the Conservancy; and WHEREAS, procedures established by the Conservancy require the applicant to certify through a resolution execution of the Grant Agreement and approval of its terms and conditions prior to submission of a request to the Conservancy for disbursement of grant funds; NOW, THEREFORE, be it resolved that the Board of Directors of the Midpeninsula Regional Open Space District hereby: 1. Agrees to the terms and conditions of the Grant Agreement; and 2. Has or will have sufficient funds to operate and maintain the funded project; and 3. To the extent permitted by law,agrees to provide any funds needed beyond the grant requested to complete the project funded under this program through the allocation of uncommitted funds; and 4. Authorizes the General Manager as agent and representative of the Midpeninsula Regional Open Space District to execute the Grant Agreement and all documents necessary to comply with the Conservancy's grant requirements: L. Craig Britton, General Manager. i RESOLUTION NO. 04-18 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on June 23, 2004, at a Regular Meeting thereof, by the following vote: AYES: M. Davey , L . Hassett , P . Siemens , N . Hanko , J . Cyr K. Nitz NOES: done D . Little ABSTAIN: N o n e ABSENT: None ATTEST: APPROVED: 1, ecretary President Board of Directors Board of Directors I,the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Di Clerk ATE OF CALIFORNIA g2 e; "ROVED BY THE CONTRACT NUMBS AM.NO. ►TANDARJ AGREEMENT— 'ORNEYGENERAL TO.2(REv.5-41) 0 3-0 8 5 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER HIS AGREEWNT,made and entered into this 21 4AA, day of `{ 2004, 9 4-2 2 3 18 7 3 t the State of California,by and between State of California,through its duly elected or appointed,qualified and acting IRE OF OFFICER ACTMIG FOR STATE AGENCY Executive Officer State Coastal Conservancy ,hm4fter called the State,and ONTRACTOR'S NAME MidPeninsula Regional Open Space District ,hereafter called the Contractor. �V1174USETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, loos hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, ime for performance or completion,and attach plans and specifications,if any.) SCOPE OF AGREEMENT Pursuant to Chapter 4.5 of Division 21 of the California Public Resources Code, the State Coastal Conservancy("the Conservancy") hereby grants to the Midpeninsula Regional Open Space District ("the grantee") a sum not to exceed two million fifty thousand dollars ($2,050,000), subject to the terms and conditions of this agreement. These funds shall be used to acquire real property ("the real property") known as the Miramontes Ridge property located in the County of San Mateo (County Assessor's Parcel Nos. 056- 440-010, 056-440-060, 056-440-070, 056-450-020, and 067-310-061), and more particularly shown in Exhibit A, which is incorporated by reference and attached. The real property is being acquired for the purposes of open space and habitat conservation and public access. (Continued on following pages) CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written_ STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(N dHer Mtn i+dividi+K shlr�rtlwr oorporalior4 PF��) State Coastal C91nservaMy idPenin� R ional Open Space District BY(AUTHORIZED SIGNATURE) BY(AUT}IORREO SKaNA D A D PRINTED NAME OF PERSON S ING PRINTED NAME AND TITLE OF PERN IING Samuel Schuchat L. Craig Britton, General Manager TtnE AMRESS330 Distel Circle Executive Officer Los Altos, CA 94022-1404 AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE Safe Department of General Services DOCUMENIT C a p t i a l Outlay lNeizhborhood Parks... Use Only $2 ,0 5 0,0 0 0.0 0 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR Miramontes Ridge Acquisition THIS CONTRACT $-0- ITEM CHAPTER STATUTE FISCAL YEAR 3760-301-0005(2)(c) 106 2001 01/02 TOTAL AMOUNT ENCUMBERED TO (OBJECT OF EXPENDITURE(CODE AND TITLE) I this DATE �ertiiy that.hi�grant agreement/ $2,050,000.00 San Francisco Bay is exempt from 1 hereby certify upon my own personal knowledge that budgeted funds T B A No. B.A.NO. epartmeit ui lienerul Jervices approval. are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE l CONTRACTOR STATE AGENCY F-1 DEFT.OF GEN.SEF. CONTROLLER MidPeninsula Regional Open Space District Grant Agreement No. 03-085 Page 2 SCOPE OF AGREEMENT (Continued) The grantee shall provide any funds beyond those granted under this agreement which are needed to complete the acquisition of the real property. CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT The grantee shall not acquire the real property and the Conservancy shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: 1. A resolution has been adopted by the Board of Directors of the grantee authorizing the execution of this agreement and approving its terms and conditions. 2. The Executive Officer of the Conservancy("the Executive Officer")has reviewed and approved in writing: a. All title and acquisition documents pertaining to acquisition of the real property, including,without limitation, appraisals, preliminary title reports, agreements for purchase and sale, escrow instructions, and instruments of conveyance. b. Documentation satisfactory to the Conservancy of the process the District will use to develop a plan to provide public access to the property consistent with the grantee's proposed Coastal Annexation Service Plan and Environmental Impact Report. This documentation shall include a timeline and strategy for the process of formulating and drafting a public access and trail plan for the property. This process shall include development of a Use and Management Plan for the property and preparation of any environmental review required by the California Environmental Quality Act. c. The number, location, design, and wording of signs and placards to be placed on the real property as provided in the"SIGNS"section of this agreement. d. A signed and acknowledged deed which permanently dedicates the property for habitat and open space protection and public access. The deed shall be recorded concurrently with the instrument conveying title to the real property to the grantee. 3. The purchase price of any interest in land purchased under this agreement may not exceed fair market value as established by the approved appraisal. MidPeninsula Regional Open Space District Grant Agreement No. 03-085 Page 3 COSTS AND DISBURSEMENTS (Continued) Upon satisfaction of all provisions of the"CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT" section of this agreement,the Conservancy shall disburse a total amount not to exceed two million fifty thousand dollars ($2,050,000), as follows: The purchase price, plus closing costs consisting of escrow, recording and title insurance fees to the extent not included in the purchase price, shall be disbursed directly into an escrow account established for the acquisition. The grantee shall request disbursement for the acquisition by sending a letter to the Conservancy. The grantee shall include in the letter the name and address of the grantee, the number of this agreement, the date,the amount to be disbursed, and a description of the items for which disbursement is requested. Additionally, the letter shall include the name, address and telephone number of the title company or escrow holder and the escrow account number to which the funds will be disbursed. The letter shall be signed by an authorized representative of the grantee. Failure to send the required letter will relieve the Conservancy of its obligation to disburse funds. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the offices of the Conservancy together with the resolution described in "CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT"section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. The term of this agreement shall run from its effective date until March 31, 2026 ("the termination date"). COMPLETION DATE The grantee shall complete acquisition of the real property and comply with all Conditions Precedent to Acquisition and Disbursement as set out in this Agreement no later than January 31, 2006 ("the completion date"). The grantee shall submit for the review and approval of the Executive Officer a complete public access and trail plan for the real property no later than March 31, 2006. MidPeninsula Regional Open Space District Grant Agreement No. 03-085 Page 4 COMPLETION DATE (Continued) Both parties acknowledge and agree that,prior to the completion date, either party may terminate this agreement for any reason by providing the other party with seven days' notice in writing. If the Conservancy terminates prior to the completion date,the grantee shall take all reasonable measures to prevent further costs to the Conservancy under this agreement. The Conservancy shall be responsible for any reasonable and non-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate, but only up to the unpaid balance of funding authorized in this agreement. AUTHORIZATION The signature of the Executive Officer on the first page of this agreement certifies that at its October 31,2002 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit B. This agreement is executed pursuant to that authorization. i 1 i i MidPeninsula Regional Open Space District Grant Agreement No. 03-085 Page 5 Standard Provisions ESSENTIAL DEED PROVISIONS The deed or other instrument of conveyance by which the grantee obtains title to the real or another recorded instrument acceptable to the Executive Officer, shall set property, eP forth the following essential provisions: 1. The real property was acquired by the Midpeninsula Regional Open Space District (District)pursuant to a grant of funds from the State Coastal Conservancy, an agency of the State of California, for the purpose of habitat and open space protection and public access and no use of the real property inconsistent with that purpose is permitted. Mitigation. Without the written permission of the Executive Officer,the District shall not use or allow the use of any portion of the real property for mitigation(in other words, to compensate for adverse changes to the environment elsewhere). If the District fails to obtain such written permission for the use of the real property for mitigation, then the Executive Officer may require that all funds generated in connection with such mitigation on the real property be remitted promptly to the Conservancy until the Conservancy has been fully paid for all of its past,present, and future costs with respect to the real property, including,without limitation, staff, planning, development, restoration, operation and maintenance, and monitoring costs, and acquisition costs at fair market value as of the time the mitigation is to begin. The District shall not use or apply mitigation funds, if any, toward the District matching requirements of the Conservancy grant used to acquire the real property. 2. The real property(including any portion of it or any interest in it)may not be used as security for any debt without the written approval of the State of California, acting through the Executive Officer of the Conservancy, or its successor. 3. The real property(including any portion of it or any interest in it) may not be transferred without the approval of the State of California, through the Executive Officer of the Conservancy, or its successor. 4. The District is obligated to use,manage, operate and maintain the real property as described in the"USE, MANAGEMENT, OPERATION AND MAINTENANCE" section of California State Coastal Conservancy Grant Agreement No. 03-085, as it may be amended from to time. 5. If the existence of the District ceases for any reason or if any of the essential deed provisions stated above are violated, all of the grantee's right, title and interest in the real property shall automatically vest in the State of California for the benefit of the Conservancy or its successor, upon acceptance of the real property and approval of MidPeninsula Regional Open Space District Grant Agreement No. 03-085 Page 6 ESSENTIAL DEED PROVISIONS (Continued) the State Public Works Board;provided, however, that the State, through the Executive Officer of the Conservancy, or its successor,may designate another public agency or a nonprofit organization to accept the right, title and interest, in which case vesting shall be in that agency or organization rather than in the State. I SIGNS The grantee shall erect signs identifying the acquired lands for public use. The number, design,wording and placement of the signs shall be submitted to the Executive Officer for review and approval prior to the acquisition of the real property. The grantee shall incorporate into this program a sign to be provided by the Conservancy acknowledging the Conservancy's funding assistance,unless the grantee incorporates this acknowledgement into other signage in a manner approved by the Executive Officer. The Conservancy shall provide specification for the Conservancy sign and logo. USE,MANAGEMENT, OPERATION AND MAINTENANCE The grantee shall use, manage,operate and maintain the real property in a manner consistent with the purpose of the acquisition. The grantee further assumes all management, operation and maintenance costs associated with the real property, including the costs of ordinary repairs and replacements of a recurring nature, and costs of enforcement of regulations. The Conservancy shall not be liable for any cost of such management, operation or maintenance. The grantee shall refrain from developing or otherwise using any other property it owns or controls in the vicinity of the real property way t r with or inconvenience the use management, operation or in such a as o interfere th Y � g � P maintenance of the real property or to detract from the purpose of the acquisition. The grantee may be excused from its obligations for management, operation and maintenance only upon the written approval of the Executive Officer of the Conservancy or his or her successor. LIABILITY The grantee shall be responsible for, indemnify and save harmless the Conservancy, its p Y officers, agents and employees from an and all liabilities, claims, demands, damages or gY g costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to I I MidPeninsula Regional Open Space District Grant Agreement No. 03-085 Page 7 LIABILITY(Continued) defend as set forth in Civil Code Section 2778. This agreement supersedes the grantee's right as a public entity to indemnity(see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. AUDITS/ACCOUNTING/RECORDS The grantee (collectively, shall maintain financial accounts, documents, and records collective) , "records')relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting Practices" ("GAAP")published by the American Institute of Certified Public Accountants. The records shall include,without limitation, evidence sufficient to reflect properly the amount,receipt, deposit, and disbursement of all funds related to the acquisition, use,management, operation and maintenance of the real property The grantee shall maintain adequate supporting records in a manner that permits tracing of transactions from the request for disbursement forms to the accounting records and to the supporting documentation. Additionally,the Conservancy or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall permit the Conservancy or its agents access to the grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books,records, accounts, and other material that may be relevant to a matter under investigation for the purpose of Y g determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the records related to the acquisition for three ears following the �' q Y g date of final disbursement for the acquisition by the Conservancy. All other records shall be retained by the grantee for three years following the later of final payment and the final year to which the records pertain. The records shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during the retention periods. If the grantee retains any contractors to accomplish any of the work of this agreement,the grantee shall first enter into an agreement with each contractor requiring the contractor to I� �' �' �1 g meet the terms of this section and to make the terms applicable to all subcontractors. MidPeninsula Regional Open Space District Grant Agreement No. 03-085 Page 8 AUDITSIACCOUNTING/RECORDS (Continued) The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. NONDISCRIMINATION CLAUSE During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color,national origin, ancestry, disability, medical condition,marital status, age(over 40), or denial of family-care leave, medical-care leave,or pregnancy-disability leave. The grantee and its contractors shall ensure th t the valuation and of their employees and applic ants for employment are free of such discrimination and harassment. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations (California Code of Regulations, Title 2 Section 7285.0 et se . The regulations of the Fair � . q) 8u Employment and Housing Commission regarding Contractor Nondiscrimination and � Compliance(Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are P ( P 8� ) incorporated into this agreement. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts and subcontracts entered into to perform work provided for under this agreement. INDEPENDENT CAPACITY The grantee, and the agents and employees of the grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT I Without the written consent of the State,this agreement is not assignable by the grantee either in whole or in part. II MidPeninsula Regional Open Space District Grant Agreement No. 03-085 Page 9 TIMELINESS Time is of the essence in this agreement. EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. AMENDMENT No change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Alameda. MIDPENINSUL EGIONAL OPEN SPA DISTRIC: I 92 35 ry } r . f San Mateo raada T.• Proposed 676 Acre r •��• -' 92 San Addition To Mills Creek �, 200 Carlos Open Space Preserve p. t^ Bin E4 � - n ErMd�w r l Jt Edte—d Rd. •.:A ter f ;�ar. -. ' +Q ttwl. Redwood city 4f 2, s Atherton J •� 7 y� _ zao Menlo Woodside s< �c� Park t i �ti *84 �a u .. .-. • Po tola ` Valley / J N • u adr �t Pacific woo Oceansa San Gregorio u twr. 10-11 aFr.iONAL MAP - PROPOSED 676-ACRE ADDITION TO MILLS CREEK OPEN SPACE PRESERVE RIE AW yiar i �y rj; �`i'= I - s..�? 'o-"ii'^ t'-c '431y•�[ 7�+.f>Q - 'air; s-c r-Y,-"crc ..s,r 't �r ,y�:r ` ©rg yY„�4 _ Asa.`.° I RK, I ": _u'• •..^ _'.y �}r;,,,.. ��'(Y�.r ��-t.-.�?,.,n�." a'�•. I �� � 9 �pT �Y•'�f•�-•'�c^r. 9, CT• ���+� 4 its �FSGk��i+ Y� .TW60, or�C E*a'°� fit,, a �$ '� 3 y �rs Y,-� ijrc9 <rse.s:ve� = y-t'.Wy� -`;� 1i 'G'fie, �. > or{ fkOt iF. 3�, `^6r`.t ' $i.• �1�'e; •.c�•: a! 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Imo, -•'f` ¢„ Y i.'.L \�y. �� h ar ;<F•�: �SGfxgFR���_I�YIT}_L• /M' .i"" syt1� r Rye � f < ,t}t {'" �^N�* •'' 1`- ca t x,`!'z � 5 >' {�ir'Ca:Y6�` .c ,-1 �.,`�";yprix•- ,�y_ 6c„y E` Y E{�3 !'':a � N`�, �q,4 I�9�N""". .�.,. •.'aa 1> /'ll+Z �-,7.oi �. �.•.�:i �/ �2'�, •y L :¢f '� ar�Arirr = i �AN �r`ro � ,r', y�c• k* x � '• -` gyp ;. i PR Ail PM ....cf �'�t `r�•��t-<�.� ��� y �'"--�i'�� ����-'c^ � �:'s`•s�� �"- ''�7s+7� r?.' OF `' ics�ff ������`� �-' - ��: = ,� �.`Wit''��� �°.+�F`K.. r ."�-•• .=�• � ��� � — i 4 1 I MIRAMONTES RIDGE ACQUISITION Agenda Item 10. October 31,2002 i COASTAL CONSERVANCY Project Summary October 31, 2002 I MIRAMONTES RIDGE ACQUISITION File No. 02-105 Project Manager: Kate Goodnight i sula Authorization ACTION: Authozation to disburse up to $2,050,404 to the M dperun i Regional Open Space District to acquire five parcels from the Peninsula Open Space Trust to create a 676-acre addition to the Mills Creek Open Space Preserve in San Mateo County. LOCATION: The property is located in an unincorporated area in the foot- hills west of Skyline Boulevard (Highway 35) and north of Burleigh Murray State Park, San Mateo County(Exhibit 1). PROGRAM CATEGORY: San Francisco Bay Area Conservancy ESTIMATED COST: Coastal Conservancy $2,050,000 Peninsula Open Space Trust 2,050,000 TOTAL $4,100,000 contribution is The Conservancy's contnb expected to come from the Conservancy's FY 2001/02 appropriation from the "Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Fund" (Proposition 12) for the San Francisco Bay Area Conservancy Program. PROJECT SUMMARY: A $2,050,000 grant from the Conservancy would enable the Midpeninsula Regional Open Space District (the District) to acquire five parcels known as the Miramontes Ridge property, 676 acres of ridge and hillside land in the middle of an unde- veloped expanse of the coastal mountain range in northern San Mateo County(see Exhibit 1). The Peninsula Open Space Trust (POST) purchased the property in 1997 to protect it from de- velopment. In order to continue its mission of acquiring open space lands, POST wishes to transfer the property to another entity for long-term management. POST is donating half of the $4,100,000 appraised value, a contribution of $2,050,000, to allow the District to purchase the property. 10-1 � In 1998, the District completed a regional open space study that identified a potential future greenbelt for the peninsula south of San Francisco. The Miramontes Ridge property is a key ele- ment of this greenbelt. The acquisition will substantially ex- pand the adjacent 284-acre Mills Creek Open Space Preserve already owned by the District and, more significantly, will con- nect the preserve to Burleigh Murray State Park and the Ma- donna Creek parcel owned by POST, providing more than 2,800 acres of contiguous protected open space (see Exhibit 1). Additionally, the preserve borders lands owned by the San Francisco Water DepartmentSkyline on the east side of S line Boule- vard, extending an important habitat corridor used by deer, mountain lions, and other animals. The property is noted for its lush coastal scrub habitat, which supports a diverse fauna but is rapidly disappearing due to development in the northern central coast region. The property also contains the headwaters of Mills Creek and Madonna Creek that feed into Arroyo Leon and Pilarcitos Creeks, two important steelhead streams. The ridges provide spectacular views of the Pacific Ocean and miles of central coast bluffs. The acquisition will increase recreational opportunities be- tween existing surrounding public lands and possible park and open space additions in the future. The property provides a logical trail route for a Skyline-to-Sea trail that would connect the planned Bay Area Ridge Trail to the Coastal Trail. The Park and Recreation Element of the City of Half Moon Bay General Plan indicates an open space designation at the foot of Miramontes Ridge that could someday facilitate a staging area and recreation corridor from the property to the City's trail system and the existing Coastal Trail. In addition, the acquisi- tion will allow a desirable trail connection between Mills Creek Open Space Preserve and Burleigh Murray State Park, which is currently difficult due to steep topography and sensitive habi- tats along PP the upper reaches of Mills Creek. The District will prepare a Use and Management Plan for the property that will identify appropriate public access uses and potential trail alignments that are sensitive to ecological resources. It is an- ticipated that only passive forms of recreation ation such as hiking and wildlife viewing will be permitted. Until the plan is com- plete, the District will conduct docent-led public tours of the property. The project lies within the Coastal Zone and will further sev- eral policies of the certified San Mateo County Local Coastal Program, including protecting open space and providing no- 10-2 I cost public access on lands which are adjacent to existing pub- licly owned recreation areas. By protecting natural habitats and connecting corridors, pro- viding open space for recreation and eventual public access between the Bay Area Ridge Trail and Coastal Trail, and by furthering the policies of the San Mateo County Local Coastal Program, the Miramontes Ridge acquisition will implement all of the goals of the Coastal Conservancy's San Francisco Bay Area Program. Formed by a voter initiative in 1972, the District has a proven track record, currently owning and managing over 47,000 acres in 26 open space preserves throughout the peninsula, including several Conservancy-funded projects. The District's mission is "to acquire and preserve a regional greenbelt of open space i land in perpetuity; protect and restore the natural environment; and pP provide opportunities for ecologically sensitive public en- joyment joyment and education. 10-3 COASTAL CONSERVANCY Staff Recommendation October 31, 200.2 MIRAMONTES RIDGE ACQUISITION j File No. 02-105 Project Manager: Kate Goodnight STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following Resolution pursuant to Sections 31160-31164 of the Public Resources Code: "The State Coastal Conservancy hereby authorizes dis- bursement of an amount not to exceed two million fifty thousand dollars ($2,050,000) to the Midpeninsula Re- gional Open Space District (the District) for the acquisition of five parcels (San Mateo County Assessor Parcel Num- bers 056-440-010, 056-440-060, 056-440-070, 056-450- 020, and 067-310-061) to create a 676-acre addition to the Mills Creek Open Space Preserve in San Mateo County as shown on Exhibit 1 of the accompanying Staff Recommen- dation, subject to the following conditions: 1. Prior to the disbursement of any Conservancy funds for acquisition, the District shall: a. Submit for review and approval of the Executive Officer of the Conservancy (the "Executive Offi- cer") all relevant acquisition documents including, but not limited to, the appraisal, agreement(s) of purchase and sale, escrow instructions, and docu- ments of title; b. Provide evidence to the Executive Officer that the • District has obtained the additional funds needed to complete the acquisition; and c. Submit for review and approval of the Executive Officer a plan to provide public access to the prop- ' Coastal with the District 's proposed Co prop- erty consistent p p Annexation Service Plan and Environmental Impact Report. 10--4 -� 2. The District shall pay no more than fair market value for the property, as established in an appraisal approved by the Executive Officer. 3. The District shall permanently dedicate the property for open space and habitat conservation, public access, and outdoor recreation, in a manner acceptable to the Ex- ecutive Officer. 4. Conservancy and Proposition 12 funding shall be ac- knowledged by erecting and maintaining on the prop- erty a sign that has been reviewed and approved by the Executive Officer. 5. The District shall prepare a Use and Management Plan addressing public access and trails on the property that are sensitive to ecological resources." Staff further recommends that the Conservancy adopt the fol- lowing findings: "Based on the accompanying staff report and attached ex- hibits,the State Coastal Conservancy hereby finds that: 1. The proposed authorization is consistent with Public Resources Code Sections 3 1 1 60-3 1 1 64 regarding the Conservancy's mandate to address the resource and rec- reational goals of the San Francisco Bay Area. 2. The proposed project is consistent with the Project Sec- tion Criteria and Guidelines adopted by the Conser- vancy on January 24, 2001." STAFF DISCUSSION: Project Description: A Conservancy grant would enable the District to purchase the five Miramontes Ridge parcels, totaling 676 acres, from POST. POST is donating half of the $4,100,000 appraised purchase price, a total of$2,050,000, to the District. These five parcels will expand the District's existing Mills Creek Open Space Preserve so that it borders Burleigh Murray State Park on the south and the Madonna Creek property owned by POST to the west. It is anticipated that the Madonna Creek property will also be transferred to the District in the future as another addi- tion to the preserve. The District will prepare a Use and Management Plan for the property to establish management practices that allow for pub- lic recreation opportunities while protecting natural resources, including prime mountain lion habitat. Since the property will 10-5 be part of an ecological preserve, it is anticipated that any pub- lic access improvements will be for passive, low-impact rec- reation such as hiking and wildlife viewing, with minimal fa- cilities. The plan will identify future trail alignments to assist with connecting the proposed Bay Area Ridge Trail to the Coastal Trail via a Skyline-to-the-Sea Trail. Trails connecting to Burleigh Murray State Park will also be proposed. The District anticipates conducting docent-led public tours of the property in a manner acceptable to the Conservancy until the Use and Management Plan is complete. The plan will iden- tify long-term public access solutions that will be compatible with open space preservation and fish and wildlife conserva- tion. Project Financing: Coastal Conservancy $2,050,000 Peninsula Open Space Trust 2,050,000 TOTAL $4,100,000 The Conservancy's contribution is expected to come from the Conservancy's FY 2001/02 appropriation from the "Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Fund" (Proposition 12) for the San Francisco Bay Area Conservancy Program. Site Description: The property includes an extensive portion of Miramontes Ridge, a prominent and imposing landscape feature that over- looks the coastal lowland. The ridge extends from Skyline Boulevard to the east side of the City of Half Moon Bay, sepa- rating the watershed of Pilarcitos Creek and its tributary, Ma- donna Creek, from that of Mills Creek. This chaparral and grass-covered series of hilltops, whether seen from the Skyline Scenic Corridor along Highways 35 and 92, Mills Creek Open Space Preserve, Burleigh Murray State Park, or from the coastal area below, is central to the uninterrupted open land- scape scenery which give character to the region. The ridge is a primary wildlife corridor for deer and mountain lion. I Project History: POST bought the property in early 1997 in order to prevent its sale to private developers. Concurrently, the Midpeninsula Re- gional Open Space District prepared a regional open space study for the peninsula south of San Francisco to conceptualize a potential future greenbelt and guide the District's open space preservation efforts. The Miramontes Ridge property is a key part of this greenbelt concept. POST identified the District as an appropriate entity for long-term management of the property 10- 6 Y <, and entered into negotiations to transfer title, agreeing to sell the property and donate half of the appraised value. The San Francisco Bay Area Conservancy selected the project for funding based on its suitability for furthering the Conser- vancy's goals. PROJECT SUPPORT: This project is supported by Assemblymember Joe Simitian, Senator Byron Sher, the Mountain Lion Foundation, and the Committee for Green Foothills. Letters of support are attached as Exhibit 2. CONSISTENCY WITH CONSERVANCY'S :NABLING LEGISLATION: This project is undertaken pursuant to Chapter 4.5 of the Con- servancy's enabling legislation, Public Resources Code Sec- tions 3 1 1 60-3 1 1 64, to address resource goals in the San Fran- cisco Bay Area. The project is consistent with Section 31162(a), which authorizes the Conservancy to award grants to improve public access to and around the Bay, coast, ridgetops, and urban open spaces through the completion and operation of regional bay, coast, and ridge trail systems and local trails connecting to population centers and public facilities. The project will provide critical linkages for a future Skyline-to-Sea Trail linking the planned Bay Area Ridge Trail to the Coastal Trail at the City of Half Moon Bay. Proposed trails will also connect the Mills Creek Open Space Preserve to Burleigh Murray State Park to the south. Under Section 31162(b), the Conservancy may act to protect, re- store, and enhance natural habitats and connecting corridors, watersheds, scenic areas, and other open space resources of re- gional significance. Acquisition of the property will protect im- portant habitat and riparian corridors between the open space land owned by the San Francisco Water Department to the east and Burleigh Murray State Park to the south. The project will also protect sensitive coastal scrub communities. Consistent with Section 31162 (c), under which the Conservancy may assist in the implementation of the adopted plans of local governments, this acquisition will further the following policies listed in the certified San Mateo County Local Coastal Program (LCP): The project satisfies two priorities identified in LCP Sec- tion 11.24 to expand recreational opportunities through the provision of trails and to acquire and develop for recrea- 10-7 tional use lands which are adjacent to, and would expand the size of, existing publicly owned recreation areas. The project is also consistent with LCP Section 11.23(a) of the Local Coastal Program in that it will provide low cost or no cost visitor-serving and public recreation facilities. The proposed project satisfies the criteria for Bay Program pri- ority set forth in Section 311163(d) in the following respects: 1) It is supported by adopted local and regional plans, as stated above; 2) It will serve a regional constituency by providing an important portion of a proposed Skyline-to-Sea Trail connect- ing the Bay Area Ridge Trail with the Coastal Trail at the City of Half Moon Bay and providing connecting trails to Burleigh Murray State Park; 3) It can be implemented in a timely way because the environmental assessments are complete, negotia- tions with the land owner are complete, and all money neces- sary to the acquisition has been identified; 4) It makes possible the creation of a large preserve adjacent to other large protected open spaces that would otherwise be lost to strong development pressures; and 5) It includes matching funds from the Peninsula Open Space Trust. CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA&GUIDELINES: The proposed project is consistent with the Conservancy's Proj- ect Selection Criteria and Guidelines adopted January 24, 2001, in the following respects: Required Criteria Promotion of the Conservancy's programs and purposes: As discussed above, implementation of the proposed project would advance the purposes of Division 21 of the Public Re- sources Code, Chapter 4.5, by protecting and enhancing natural habitats and open space and providing future trail connections between the planned Bay Area Ridge Trail and the Coastal Trail. Consistency with purposes of the funding source: The Con- servancy's contribution is expected to come from the Conser- vancy's FY 2001/02 appropriation from the "Safe Neighbor- hood Parks, Clean Water, Clean Air and Coastal Protection Bond Fund" (Proposition 12) for the San Francisco Bay Area Conservancy Program, which may be used to fund open space acquisitions from willing sellers, as here. 10-8 ZZ 0 Support from the public: This proposed project is supported by key legislators, the Mountain Lion Foundation, and the Committee for Green Foothills, as described in the "Project Support" section above. Location: The property is located along the west side of the ridge bounded by Skyline Boulevard to the east and Burleigh. Murray State Park to the south, in San Mateo County. This is within the jurisdiction of the San Francisco Bay Area Conser- vancy Program and also within the Coastal Zone. Need: The District does not have sufficient funds to complete the acquisition without Conservancy help. Greater-than-local interest: The acquisition of this property will expand the existing Mills Creek Open Space Preserve by 676 acres, protecting important habitat corridors. As impor- tantly , acquisition will further the develop ment of a Y q p Skyline- to-Sea Trail, eventually connecting the Bay Area Ridge Trail to the Coastal Trail, thus serving Bay Area and coastal residents and visitors. Additional Criteria Resolution of more than one issue: The acquisition of this property will allow the District to protect and enhance the Miramontes Ridge property and important habitat corridors, protect the headwaters of two steelhead streams, expand the existing Mills Creek Open Space Preserve, and provide passive recreation and future trail connections. Leverage: Conservancy funds would be matched by $2,050,000 committed by POST. Readiness: Both POST and the District are ready to proceed. The acquisition is expected to be complete by the end of 2002. Realization of prior Conservancy goals: Via proposed trail linkages, the property will potentially help connect the Bay Area Ridge Trail to the Coastal Trail, both important Conser- vancy goals. COMPLIANCE WITH CEQA: Acquisition of the property for fish and wildlife conservation purposes and to preserve public access while keeping the land in its natural condition is categorically exempt from the Cali- fornia Environmental Quality Act (CEQA) under 14 Cal. Code of Regulations, Section 15313. Upon approval, staff will file a Notice of Exemption for this project. 10-9 i EXHIBIT 1 i n Maps s o P I 10-10 MIDPENINStl6A REGIONAL OPEN S E DISTRICT 92 I � I San t Mateo t• 92 d• 4 'anada . Proposed 676 Acre 't 92 r Td an Cs - 3 Addition To Mills Creek 'r San 2° Open Space Preserve � arlos -k s.n rr, o ♦Q c�n9"d pe Half wa.abd B• Moon tea. eay Ed..-.W Rd. 92 , ,. ssi� c+a• Redwood ,: =x tnr►•r+ city H Atherton ss 280 Menlo .k n Woodside 94 �� Park �� s � ti •��� r stir �� v v 8 4 �4 2m 4 - x .mod • ti N =71 Portola ; . Valley e.w.rii u Y Pacific �� Oceanr+ r, N . s-Cft'4'4a s•ncr.Borin San' st•.8..� Gregorio - '.. M' 4 NM/B Pd Poru- 51.1•Beach Pntk.' 10-11 REGIONAL MAP - PROPOSED 676-ACRE ADDITION TO MILLS CREEK OPEN SPACE PRESERVE s ��.' [ r?-i .F."�1rs l •, ��q • J�;"�'6''9ey� �-{y, �.`' ....3. 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'..ire •�"- }, t.�s.�� �5.,s�-S�. �j'p4'g' �..t`�..'S��'�"� _ "'� Via': 's .;j� fi'•'i�� � �^^+ ..tS c""'i�#��„y ti �'. .y yrt�a���py�r t ��I\•Q������ru�I -f� +:r�:f�u:r � t'4:r�'7 S,.a /,f- c�F t "•r`t`•-� ;IM-iM.•t;.epIV , . �y i f�i".�,.._3�.."�� .r}'g��ac�"•. Y � ?- nc � -L. ,�g„Y�5 s��j,r ��.-"`� � sy - � 3 - /- .�' . ' ! _: '` ':`':Z, •'s .I "C .' / '.ILA'lam, -' 4 E NO I I ..�rClY,.t s+ i i EXHIBIT 2 Letters of Support 1G-13 F '_ S4CRAMEWTO OFFICE COMMITTEES ST7,TE CAPITOL.ROOM 2082 SACRAMENTO,CA9561A.4900 CHAIR: TEL I9�6:445�67A7 ENVIRONMENTAL DUALITY FAX 19 6 323 A529 BUDGET&FISCAL REVIEW CHIEF OF STAFF SUBCOMMITTEE NO.2 KIP UPPER SENATOR MEMBER: DISTRICT OFFICES BYRON D. SHER BUDGET&FISCAL REVIEW 66A GILMAN STREET CONSTITUTIONAL PAL,O ALTO.CA 94301 ELEVENTH SENATORIAL DISTRICT C TEL,650 688-637A AMENDMENTS FAX 1 650:688-6378 EDUCATION CIO PASEO OE SAN ANTONIO,SUITE 206 ENERGY,UTILITIES SAN JOSE.CA 95113 &COMMUNICATIONS TEL 41 JUDICIARY FAA 40e 277-9464 NATURAL RESOURCES &WILDLIFE DISTRICT COORDINATOR MIKE POTTER PUBLIC SAFETY E-MAIL ADDRESS SENATOR,SHERPSEMCA.GOV SUBCOMMITTEES: ADMINISTRATION OF JUSTICE October 9, 2002 TOXIC MATERIALS SELECT COMMITTEES: BAY AREA TRANSPORTATION a DUI INVESTIGATE PRICE MANIPULATION OF THE WHOLESALE ENERGY MARKET Paul Morabito, Chair and MOBILE&MANUFACTURED HOMES Members of the Board of Directors Coastal Conservancy 1333 Broadway, 11' Floor Oakland, CA 94612-2530 RE: Midpeninsula Regional Open Space District Grant Application --Miramontes Ridge Property Addition to Mills Creek Open Space Preserve Dear Honorable Board Members: I would like to express my strong support for the Midpeninsula Regional Open Space District's application to the Coastal Conservancy's Central Coast Program for a$2,050,000 grant to acquire a major addition to the Mills Creek Open Space Preserve. The Miramontes Ridge property encompasses 676 acres of ridge tops, hillsides, and watershed lands in the middle of an undeveloped expanse of coastal mountains in northern San Mateo County. The Miramontes Ridge property borders the 284-acre Mills Creek Open Space Preserve and overlooks the City of Half Moon Bay and coastal lowlands. A major portion of Miramontes Ridge extends through the property and separates Mills Creek from the watersheds of upper Pilarcitos Creek and its tributary, Madonna Creek. Mills Creek originates, in part, on the southeastern portion of the property and flows toward the coast through the adjacent Burleigh Murray Ranch State Park. The watersheds of the Mills Creek and Pilarcitos/Madonna Creek are crucial spawning grounds and nursery streams for the federally threatened steelhead trout, as well as home to red-legged frogs. In addition to protecting the important riparian habitat and scenic resources,this property acquisition would serve as a primary wildlife corridor for deer and mountain lion moving back and forth between the coastal lowlands and San Francisco Watershed Lands, located on the east side of Skyline Boulevard. Acquisition of the Miramontes Ridge property would also increase recreational opportunities by providing connecting,trails between the Mills Creek Open Space Preserve, Burleigh Murray Ranch State Park, and future public park and open space lands that may be acquired in the surrounding area. The property, combined with existing park and open space lands in the X 10-14 vicinity, will provide a logical trail route for San Mateo County's proposed City-to-Sea Trail that will connect to the planned Bay Area Ridge Trail and the California Coastal Trail. These factors make the acquisition and preservation of the Miramontes Ridge property a high priority for the District, and I urge you to fund this project and ensure that the property is permanently protected. Together with the existing Mills Creek Open Space Preserve, the project will protect the scenic ridgeline, watershed resources, biological diversity, and provide recreational trail connections between adjacent public park and open space lands. I ' erel NALA BYRnN D. SHER Senator, 111h District C '.e ICT 2002 GOA AKL CpNSrRVANCY CAKLAND- CALIF. 10-15 COMMITTEE I% GREEN FOOTHILLS October 5, 2002 Paul Morabito, Chair and Members of the Board California Coastal Conservancy 1333 Broadway, 11"' Floor Oakland, CA §4612-2530 Re: Midpeninsula Regional Open Space District Grant Application — Miramontes Ridge Property Addition to Mills Creek Open Space Preserve Dear Chair Morabito and Members of the Board, On behalf of the 1300 members of the Committee for Creen Foothills, 1 111-" tt) enthusiastically support the above-referenced grant request. The Miramontes Ridge property is a key area of open space that encompasses 676 acres of prominent ridgeline, hillsides, and critical watershed of the upper Pilarcitos Creek watershed complex. A major portion of Miramontes Ridge extends through the property and separates Mills Creek from the watersheds of upper Pilarcitos Creek and its tribi4ary, Madonna Creek. Mills Creek originates, in part, on the SOLItheastern portion of the property and flows-toward the coast through the adjacent 13m-leigh Murray Ranch State Park. The watersheds of Mills Creek, Madonna Creek, and Pilarcitos Creek are extremely important spawning grounds and nursery streams for the federally threatened steelhead trout, as well as home to the federally threatened California red-legged frog. In addition to protecting the important riparian habitat and scenic resource,,;, this property acquisition would serve as a primary wildlife corridor for deer and mountain lions moving between the coastal lowlands and the San Francisco watershed lands to the east of the property. Acquisition of the Miramontes Ridge property would also increase recreational opportunities by providing trail connections between the Mills Creek Open Space Preserve, Burleigh Murray Ranch State Park, and other future public park and open space lands in the vicinity. The property is also a key link in the proposed City-to-sea Trail that will link the Bay Area Ridge Trail and the California Coastal Trail in this area. The Committee for Green Foothills believes that this property is a high priority for acquisition by Midpeninsula Regional Open Space District and for fLI11diI1g by the Conservancy, and we urge you to act favorably on this grant request. Thank you for consideration of our comments. .Sincerely,--; RECEIVED Lennie Roberts, Legislative Advocate OCT 11 2002 WASTALCONSERVANG� cc: Midpeninsula Regional Open Srpri T-);cf-riCt (AKLAND.CALIF. COMMITTEE FOR 39zi E.Bayshore Road info@GreenFoothills.org GREEN FOOTHILLS Palo Alto,CA 94303 1 0—1 6 www.GreenFoorhills.org