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HomeMy Public PortalAbout20010101 - Agenda Packet - Board of Directors (BOD) d Wild IR Pacific Gas and - ,Electric Company" WHY The Nature Restoration Trust is collaboration between PG&E and the NFWF that brings together public and private resources to restore,conserve,and enhance wetlands,riparian, and coastal habitat in California. Major funding for the program comes from PG&E,which in 2008 committed$1million over three years to support projects throughout the company's Northern and Central California service areas. CONTACT Midpeninsula Regional Open Space District Contact: Leigh Ann Maze, (650)691-1200 NFWF Contact: Claire Thorp,(415)341-5943 PG&E Contact: Matt Nauman,(415)308-7498 -30- wi/c/ Pacific Gas and 0 - Electric Company' * * MEDIA ADVISORY LA HONDA POND RESTORATION TO IMPROVE HABITAT FOR THREATENED RED-LEGGED FROG,ENDANGERED GARTER SNAKE WHAT A site visit and project overview of the Midpeninsula Regional Open Space District's efforts to repair a pond and plant native vegetation at the La Honda Creek Open Space Preserve. This work will create breeding habitat for the threatened California red-legged frog,a food source for the endangered San Francisco garter snake,and prevent sedimentation in downstream habitat for endangered fish. Currently,the pond dries too early for the frogs to successfully reproduce.The pond is located in the San Gregorio Watershed,a Critical Coast Area that drains into a marine reserve.This restoration is funded in part by a$40,000 grant from the Nature Restoration Trust, collaboration between Pacific Gas and Electric Company and the National Fish and Wildlife Foundation(NFWF).PG&E committed$1 million from 2008 to 2010 to support similar projects throughout the company's Northern and Central California service territory. VISUALS/ The NFWF will present a check to the Open Space District and attendees can tour the AUDIO restoration project site.The pond is surrounded by rolling grasslands of a working ranch with sweeping views of surrounding area. WHEN Friday, August 20,2010 1:00 p.m. -3:00 p.m. (Please arrive on time to be shuttled to the pond. Late arrivals can not be accommodated.) WHERE La Honda Creek Open Space Preserve. Parking: La Honda Elementary School,450 Sears Ranch Road,La Honda. Directions from 280 or 101: Highway 84 West to La Honda.Right on Sears Ranch Road,across from Applejacks Saloon. Continue to the school on your right. Directions from Highway 1: Highway 84 East to La Honda.Left on Sears Ranch Road,across from Applejacks Saloon.Continue to the school on your right. Shuttle: The pond is located in a closed area of the Preserve.Attendees will be shuttled in and walk up a short hill to the pond. Please wear appropriate shoes. WHO Claire Thorp,assistant director, Southwestern Partnership Office,National Fish and Wildlife Foundation Julie Anderson,resource planner, Midpeninsula Regional Open Space District Leah Casey,Community Relations,PG&E Members of the board of directors,Midpeninsula Regional Open Space District Similarly, we believe that the Parkland Acquisition Plan should position the County to take appropriate ro riate conservation actions, which may include land acquisition, to preserve critical wildlife habitat degree linkages that maintain some de of genetic flow between g g viable wildlife breeding populations in the Santa Cruz Mountains and the adjacent Diablo and Gavilan Ranges. The necessary synergy of land acquisition, infrastructure planning, and regulation to preserve these critical habitat linkages can only be spearheaded by Santa Clara County, due to its wide ranging governmental role. For these reasons, we encourage County Parks to continue to focus on acquiring new regional greenbelt lands, leveraging open space partnership opportunities, and preserving seamless trail and habitat linkages. In this way, the sum of our collective efforts to preserve, restore and connect open space lands can be far greater than their individual parts. Sincerely, Stephen E. Abbors General Manager SEA:sgs Cc: MROSD Board of Directors Tim Heffington, Senior Real Estate Agent, Santa Clara Co. Parks and Recreation Department t GENERAL MANAGER Stephen E Abhors Regional OpenSpace I MICApeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Mary Davey Jed Cyr August 12, 2010 Curt Riffle Nonette Hanko Larry Hassett Cecily Harris The Honorable Board of Supervisors Santa Clara County 70 West Hedding St. San Jose, CA 95110 RE: Santa Clara County Parks and Recreation Department Parkland Acquisition Plan Dear Supervisors; On behalf of the Midpeninsula Regional Open Space District(District), I would like to convey our appreciation for the work of the Santa Clara County Parks and Recreation Department (County Parks). We have partnered on numerous successful partnership projects over the years, and together, these open space preservation efforts have improved the quality of life for County residents as well as the entire Bay Area. We were pleased at the 2006 renewal of the Park Charter Fund, and would like to offer our thoughts on the Parkland Acquisition Plan currently under development. The most important strength of Santa Clara County Parks and Recreation Department (County Parks) may also be the most obvious—it is the only public parks agency whose jurisdiction covers the whole county. This big picture overview is critical in leading and uniting the collective open space acquisition efforts of the other public and nonprofit conservation organizations in the area, including Midpeninsula Regional Open Space District, towards work that is of countywide significance. Directly purchasing new regional parks, expanding existing County park boundaries, and leveraging opportunities by contributing Parks Charter funds towards partnership acquisition projects are an important part of this leadership. We believe that criteria supporting a strong County role in this realm should continue to receive strong emphasis in the Parkland Acquisition Plan. Other criteria that we believe worthy of strong emphasis in the Plan are those that relate to linkages—trail, public open space, and habitat linkages. Countywide trails can link urban parks to regional open space, providing healthful ways to access and interconnect park facilities. Current Board approved plans identify several significant trail linkages still in need of completion, for example, extending the Stevens Creek Trail to Lower and Upper Stevens Creek County Parks, as well as the District's Monte Bello and Saratoga Gap Open Space Preserves. 330 Distel Circle Los Altos,CA 94022 1 6=;06yT 1200 1 6;0 6910485 � www openspace org i Midpeninsula Regional Open Space District To: Board of Directors f, From: Stephen E. Abbors Date: August 30, 2010 Re: FYIs I R-10-100 Page 3 CEQA COMPLIANCE Issuing this contract amendment for construction services for the Pond DR06 repair project is consistent with the Mitigated Negative Declaration(MND) and Mitigation Monitoring Plan for the Pond DR06 Repair project that was approved by the Board on September 23, 2009 (see Report R-09-108). The changes reflected in the revised plans prepared by BAGG Engineers are consistent with the project description in the MND and regulatory permits issued for the project. NEXT STEPS Following Board approval, staff will issue a change order to amend the contract agreement with TKO to authorize completion of the pond repair project according to the revised plan set. Once the contractor has completed the work, BAGG Engineers will inspect the work and provide final project sign off. District staff will work with BAGG Engineers to seek reimbursement for the increased project costs resulting from engineering plan inaccuracies. Prepared by: Julie Andersen, Resource Planner Contact person: Julie Andersen, Resource Planner R-10-100 Page 2 5. Re-build the eroding earthen berm to provide long-term berm stability; 6. Re-contour the pond to provide improved habitat for the California red legged frog; 7. Remove non-native, invasive vegetation and re-vegetate disturbed areas after construction. For this project, the Board originally authorized a bid amount of$44,500 plus a 20% contingency for a total amount not to exceed $53,400. During initial project construction on August 3, 2010, TKO discovered that site conditions did not match plan specifications and that there appeared to be an excess amount of fill not accounted for in the original plan set. District staff worked with BAGG Engineers to provide a revised engineering plan set to address the excess fill with a modification to the original design. Upon review of the revised plans provided by BAGG Engineers on August 12, 2010, TKO observed that the scale of the revised plans appeared to be incorrect. Field measurements taken by District staff on August 13, 2010, confirmed that the scale of the revised plan set was indeed incorrect. A meeting was held with the District project team and BAGG Engineers on August 16, 2010. At this meeting, BAGG Engineers confirmed the error and agreed to revise the entire project plan set to address the scale error. TKO originally bid on the project assuming a 1:10 scale as indicated on the original and revised plans (one inch equaling 10 feet) whereas the actual scale is 1:20 (one inch equaling twenty feet). Due to this error, the project size and scope for most project components have increased by roughly double. To compensate for this change in size and scope of the project, TKO has asked for a contract change order in an additional amount not to exceed $24,500, an increase of$15.600 over the contingency amount allocated for the project. Although the District anticipates recouping these costs from BAGG Engineers, Board authorization of this contract amendment is needed in order for TKO to finish the project within the regulatory, permit-imposed deadlines. Staff therefore requests Board authorization to amend the contract with TKO for an additional $24,500 for a total contract amount not to exceed $69,000 to complete the pond repair. FISCAL IMPACT The Fiscal Year 2010-11 Budget includes $86,000 for the Pond DR06 Repair Project, of which approximately $85,000 remain to date. Remaining budgeted funds are sufficient to complete the repair project. Moreover, two grants for a total amount of$83,000 have been awarded to this project (Note: one grant source is dependent upon successful passage of the California State Budget). The District will work to recover the additional costs resulting from the engineering error from BAGG Engineers. PUBLIC NOTICE Public notice for the award of bid was provided as required by the Brown Act. No additional notice is required. r i Midpeninsula Regional ' Open Space District R-10-100 Meeting 10-21 August 30, 2010 AGENDA ITEM S AGENDA ITEM Contract Amendment with TKO General Engineering and Construction, Inc., (TKO) for the Pond DR06 Repair Project at La Honda Creek Open Space Preserve for an Additional Amount Not to Exceed $24.500.GENERAL MANAGER'S RECOMMENDATIONS W-7C01 JT4 Authorize the General Manager to amend the contract with TKO General Engineering and Construction, Inc. for an additional amount not to exceed $24,500, to adjust the project scope of work to be consistent with revised engineering plans to complete the repairs to Pond DR06. SUMMARY During initial project construction, the project contractor, TKO, and District staff discovered a significant design error on the engineering plans provided by Bay Area Geotechnical Group (BAGG Engineers). The District met with BAGG Engineers on August 16, 2010. BAGG concurred that the design error had occurred and agreed to provide revised pond design plans that include the necessary corrections. The revised engineering design will be implemented by the project contractor. The resulting increase in the scope of work requires a corresponding increase in the construction contract in an amount not to exceed $24,500, for a total project cost not to exceed $69,000. DISCUSSION On June 9, 2010, the Board of Directors authorized the General Manager to execute a contract with TKO for the Pond DR06 Repair project at La Honda Creek Open Space Preserve (see Board Report R-10-67). The purpose of this project is to repair the failing earthen berm and improve ponding duration for successful breeding by the California red-legged frog. The repair project includes the following major tasks: I. Replace the eroding spillway with a new outlet culvert and drop inlet structure to re-route stormwater back into the primary drainage channel; 2. Improve the existing spillway to provide a secondary outlet for increased stormwater discharge during extremely large storm events; 3. Install an energy dissipater at the end of the outlet culvert; 4. Install a clay liner in the pond to increase ponding duration; than the County's nighttime noise standard of 50 dBA. Furthermore, MROSD has indicated that nighttime construction would not occur at the Mount Thayer site, which is the portion of the project site that is closest to the Leeson's property site, because the abatement work at the Thayer site consists of only two buildings, and the work at this site will take place over a very short period of time.Therefore, because nighttime abatement activities would primarily occur behind building walls, and because no nighttime construction would occur in those areas of the project site closest to the nearest off-site receptors(i.e. the Mount Thayer site), the conclusions in the IS/MND would not change as a result of the comment. No additional mitigation is required. Visual Impact The Leeson letter raises issues related to visual impacts, especially impacts related to views from local scenic roadways and impacts associated with light and glare.The MND addresses these issues. On page 3-4,the MND addresses the project's potential to damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Response: As described in the MND, the proposed project involves removal of hazardous materials from existing structures and does not involve damage to trees, rock outcroppings, or historic buildings (note that the MND also concludes that the on-site structures would not likely be considered historic resources). It is important to note that the change in the visual setting resulting from the proposed abatement would be very minor. The MND describes impacts related to nighttime construction lighting. Page 3-5 indicates that because most of the lighting would occur within building interiors and due to the remote location of the site, impacts would be less-than-significant. As described above under"Noise Pollution," MROSD has determined that nighttime construction would not be required on the Mount Thayer site, because the abatement work at the Thayer site would take substantially less time than the rest of the air force station. Note that the limited nighttime abatement work(occurring mostly inside structures)on the other portions of the air force station would be located over one mile away from the Leeson residence.Temporary nighttime lighting occurring over one mile away would not result in substantial nighttime annoyance, including at the Leeson residence.Therefore,the conclusion in the IS/MND remains less than significant and no mitigation measures are required. Similar to its regulations for asbestos handling, CCR(Title 8, Section 1532.1) contains lead exposure limits for employees engaged in abatement and remediation activities. These limits are based on the number of hours worked per day.Also similar to its asbestos regulations, CCR requires employers to prepare exposure assessments and exposure monitoring for lead exposure. CCR Section 1532.1 also includes methods of compliance, including but not limited to the preparation of a compliance program, use of mechanical ventilation, respiratory protection, protective clothing and equipment, specific housekeeping practices, medical surveillance (including biological monitoring), temporary removal of exposed employees, signage and postings,and appropriate record keeping. CCR Title 8, Section 1532.1, is attached to this document as Appendix D; please refer to Appendix D for more details about CCR Title 8, Section 1532.1 requirements. As stated in the MND, handling of asbestos and lead is regulated by state law and BAAQMD rules. These rules include guidelines to minimize exposure of remediation workers (including monitored and enforceable exposure limits) and release of these substances into the environment.All of the practices legally required to minimize and avoid exposure of toxic substances to remediation workers would also prevent these substances from leaving the site in any uncontrolled manner and therefore prevent airborne transport (or"drift")to any neighboring areas. Because the proposed project would be required to comply with the CCR and BAAQMD rules, the proposed project would not create a significant hazard to the public or environment.Therefore, this impact conclusion in the MND remains less than significant. Noise Pollution The Leeson letter also raises issues associated with temporary construction noise generated by the proposed abatement activities.The MND analyzes potential noise impacts resulting from the project, and on page 3-36 states that the project's noise level would attenuate to 47.4 dBA at the nearest sensitive receptor, which is more than 1,500 feet from the Mount Thayer portion of the site and separated by vegetated ground cover that creates a "soft" noise environment. Additional attenuation would likely occur due to intervening topography. The resultant noise level of 47.4 dBA at the residence would be less than both the 60 dBA daytime standard and the 50 dBA nighttime standard established by the Santa Clara County Noise Ordinance. Response:The noise analysis in the IS/MND assumes that the noise sensitive receptors include both residential structures and the associated outdoor activity areas, which is common practice for noise impact analyses performed for CEQA. However, the commenter is correct to point out that the Santa Clara County Noise Ordinance restricts noise to specific levels at the property line.Through distance alone,worst-case noise levels from project-related abatement work would attenuate to approximately 52.8 dBA at property line of the nearest residence, which is approximately 800 feet away.This noise level would be less than the daytime standard of 60 dBA but would exceed the County's nighttime standard noise of 50 dBA. However, as stated in the project description, most nighttime abatement work would occur inside the buildings. An additional reduction of at least 5 h building walls.Thus th e nighttime noise level experienced at the I provided b the p dBA would be p y g g property line of the nearest residential receptor would be approximately 47.8 dBA, which is less BAAQMD standards, which include stringent requirements to minimize release of hazardous materials into the environment.The proposed project would not violate any water quality standards or waste discharge requirements; rather,the project would improve hazard conditions associated with onsite, including the potential to transport lead and asbestos in runoff, which would improve runoff water quality. (Hazardous materials are currently blowing off of building surfaces and onto the soils surrounding the structures; the proposed abatement project would remove these hazardous materials from both the structures and the surrounding soil surfaces.) With respect to depletion of groundwater, the MND states(p. 3-31)that water for abatement activities would most likely be hauled to the site by truck, but the District may work with adjacent property owners to form an agreement for use of their water.The proposed project would not require a substantial amount of water during construction and would not result in long-term use of water because the project site would remain unoccupied after completion of the proposed abatement.The proposed project would not deplete groundwater supplies.The "No Impact" conclusion in the IS/MND is appropriate. Air Pollution The commenter raises issues related to the potential for unencapsulated hazardous materials to be released into the air due to mishandling of these materials in an area sometimes exposed to high winds, such as the project site.The IS/MND addresses issues associated with release of hazardous materials on page 3-12, as well as 3-26 and 3-27. Response: California Code of Regulations(CCR),Title 8, Section 1529 "Asbestos" is enforced by Cal OSHA and sets very strict exposure limits for employees engaged in abatement and remediation activities and requires employers to perform an initial exposure assessment as well as daily monitoring of employee exposure. Section 1529 also includes a list of specific compliance measures including but not limited to use of vacuum cleaners with HEPA filters, wet methods,ventilation systems with HEPA filters, isolation/containment of asbestos dust-generating areas, as well as prohibitions against use of compressed air to remove asbestos without a ventilation system, dry sweeping/shoveling of asbestos, and use of high-speed abrasive disc saws without proper point of cut ventilators. Additional, more stringent compliance measures are provided specific to Class I and Class II asbestos removal. CCR Title 8,Section 1529 "Asbestos" is attached to the MND as Appendix B. Furthermore, BAAQMD Regulation 11, Rule 2 requires wet methods or use of HEPA filter-fitted ventilation systems, use of leak-tight chutes for lowering materials to the ground, use of plastic barriers and HEPA filter fitted ventilation systems to contain areas being stripped. Rule 2 also requires an asbestos survey, including materials sampling and lab testing,to be performed by a qualified, certified consultant prior to abatement activities to determine the category of asbestos. Specific disposal methods are also required under Rule 2. BAAQMD's Regulation 11, Rule 2 is attached to the MND as Appendix E. fire.The comments reference a previous fire in the area, including the project site, and indicate that parked trucks or equipment could obstruct evacuation. Response: The MND addresses potential project impacts associated with wildland fire hazard, and concludes that the proposed project would result in No Impact. Although the project area is located in a high fire hazard area, the project will be taking place in the late fall and winter. In addition,the work on site will be completed within fully developed areas, not in any unimproved open space areas with heavy vegetation.The work will be completed within buildings and site set up for the work will occur on large paved parking lot areas.The potential for wildland fire is much lower at the project site, due to lack of substantial fuel sources where the work will take place and the low-fire season within which it will be completed.The proposed structure abatement does not involve the use of heavy equipment.Although there will likely be generators on site for electrical requirements and some abatement activities may employ limited use of torches for removal of materials, these activities will be governed by site safety requirements(fire watch & provision of fire extinguishers) and will not pose any significant risk. Hazardous materials would be removed by hand using hand tools or hand-held power tools within buildings and on building exteriors, and removal of asbestos would involve substantial watering to prevent airborne dust. Aside from removal of abatement materials from the soil surface surrounding the buildings (most likely removed by hand or HEPA- filter-fitted vacuum),the abatement activities would occur in the immediate vicinity of the existing structures, and not in more highly vegetated (higher fuel) areas. Prior to abatement activities vegetation around structures would be heavily pruned,further reducing the fire fuel source. None of the activities at the site include elements that would increase fire hazards over existing conditions, and the active remediation activities, including wetting of buildings and soils and pruning of vegetation, reduce fire hazards. Furthermore, the presence of the abatement crews at the site will actually provide a safer environment. Historically,the presence of on-site personnel dissuades potential trespassers and vandalism. In addition, the abatement crews will be readily available to address any potential wildfire hazard, since they will be among the first to observe a fire and will have communications and water on site to assist in first response. Regarding obstruction of evacuation routes, the equipment and vehicle parking areas would be located within existing parking lots at the air force station and not on Mount Umunhum Road, not on the access routes through on within the site.The "No Impact" conclusion in the MND is appropriate. Water Pollution The Leeson letter expresses concern that proposed abatement activities could pollute surface and groundwater by removing existing hazardous materials that are currently contained within buildings (and therefore not able to enter the environment).The letter also raises issues related to depletion of groundwater levels.The MND addresses these issues. Response: Regarding release of hazardous materials into surface and ground water, the MND states (p. 3-31) that the proposed project would comply with federal and state OSHA standards, as well as III R-10-102 Meeting 10-21 August 30, 2010 Attachment 7 RESPONSE TO COMMENTS RECEIVED ON THE MITIGATED NEGATIVE DECLARATION FOR THE STRUCTURE ABATEMENT PROJECT AT THE FORMER ALMADDEN AIRF FORCE STATION MROSD received two comment letters prior to the close of the 20-day public comment period for the MND prepared for the AAFS Structure Abatement Project. Both letters were from nearby residents/property owners. No comments were received from public agencies. 1. The first comment letter received was from David and Barbara Leeson, who reside at 15300 Soda Springs Road, which is a property adjacent to the project site.The second comment letter is from Kirsten M. Powell at Logan and Powell LLP, a law firm representing the McQueen family,who also own property adjacent to the project site. The comment letter from Logan and Powell raises issues associated with trespassing and access, and does not raise issues pertaining to the project's potential to result in environmental impacts.These comments, therefore, do not raise issues regarding the adequacy of the MND. However, issues related to trespassing and access are important operational issues which MROSD will address by preparing a work-plan in collaboration with, and approved by, the McQueen family. 2. The Leeson letter raises several issues. Most of the issues raised pertain to environmental impacts. One comment addresses concerns over communication interference. Although this would not be an environmental impact, the project nevertheless does not include any elements that would interfere with communications. There are several communication facilities adjacent to the project which are owned by the McQueen family. While the McQueen family has raised concerns about the project(as described in Item 1 above), they are not concerned about communications interference. The proposed project includes only temporary abatement activities (mostly performed by hand) and does not include major equipment that could interfere with large communications systems, therefore this issue is not addressed further. The environmental issues raised by the Leesons are listed as headings below with a response prepared by MROSD staff under each heading. Fire Danger The Leeson letter indicates that the "No Impact" conclusion in the MND is not accurate and that the proposed abatement project could result in impacts to the environment associated with wildland Attachment 6 (245 pages) Mitigated Negative Declaration is available on the District's website at http://www openspace or l} about uslmeeting),s.asp Instruction to view: 1. Go to the above web address 2. Click on August 30"' agenda 3. Scroll down and click on Item 4 Number Mitigation Timing Who Will Verify? Verification (Date& Initials) Mitigation BIO-2. Iffeasible, impacts to nesting birds shall be minimized by limiting Preconstruction MROSD Operations in Section pruning o f trees and shrubs to the non-breeding season (October to &during Dept. (Resource IV: February). construction Specialist)with Planning PM If pruning is scheduled to occur during the typical nesting season for raptors and migratory birds (March to September), a qualified biologist shall inspect vegetation to be removed to ensure that no nesting birds are present. If active nests are present, no vegetation shall be removed that would be likely to adversely affect the nest until the biologist confirms that the young have fledged or that the nest is no longer active. If no nests are found, no further mitigation is required MITIGATION MEASURES MATRIX The following mitigation measures will be incorporated into the project planning and execution: Number Mitigation Timing Who Will Verify? Verification (Date& Initials) Mitigation BIO-1. Surveys for roosting bats on the project site will be conducted by a Preconstruction MROSD Operations in Section qualified biologist. Surveys will consist of a daytime pedestrian survey and during (Resource IV: looking for evidence of bat use (e.g., guano) andlor an evening construction Specialist)with emergence survey to note the presence or absence of bats. The type of Planning PM survey will depend on the condition of the buildings. If no bat roosts are found, then no further studv is required. If evidence of bat use is observed, the number and species of bats using the roost will be determined Bat detectors may be used to supplement survey efforts, but are not required. If roosts of pallid or Townsend s big-eared bats are determined to be present and must be removed, the bats will be excluded from the roosting site before the facility is removed. A mitigation program addressing compensation, exclusion methods, and roost removal procedures will be developed in consultation with Department of Fish & Game (DFG) before implementation. Exclusion methods may include use of one-way doors at roost entrances (bats may leave but not reenter), or sealing roost entrances when the site can be confirmed to contain no bats. Exclusion efforts may be restricted during periods of sensitive activity(e.g., during hibernation or while females in niaternity colonies are nursing young). The loss of each roost (if any) will be replaced in consultation with DFG and may include construction and installation of bat boxes suitable to the bat species and colony size excluded from the original roosting site. Roost replacement will be implemented before bats are excluded from the original roost sites. Once the replacement roosts are constructed and it is confirmed that bats are not present in the original roost site, the hazardous materials may be removed 7) MITIGATION MONITORING PROGRAM CONTENTS This mitigation monitoring program (MMP) includes a brief discussion of the legal basis and purpose of the program, a key to understanding the monitoring matrix, discussion and direction regarding noncompliance complaints, and the mitigation monitoring matrix itself. LEGAL BASIS AND PURPOSE OF THE MITIGATION MONITORING PROGRAM Public Resources Code (PRC) 21081.6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying an environmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. MONITORING MATRIX The following page provides a table identifying the mitigations incorporated into the Almaden Air Force Station Structure Abatement Project (the project), These mitigations are reproduced from the Mitigated Negative Declaration for the project. The columns within the tables have the following meanings: Number: The number in this column refers to the Initial Study section where the mitigation is discussed. Mitigation: This column lists the specific mitigation identified within the Mitigated Negative Declaration. Timing: This column identifies at what point in time, review process, or phase the mitigation will be completed. The mitigations are organized by order in which they appear in the Mitigated Negative Declaration. Who will This column references the District department that will ensure implementation of verify? the mitigation. Verification: This column will be initialed and dated by the individual designated to confirm implementation. NONCOMPLIANCE COMPLAINTS Any person or agency may file a complaint asserting noncompliance with the mitigation measures associated with the project. The complaint shall be directed to the District's General Manager in written form, providing specific information on the asserted violation. The General Manager shall cause an investigation and determine the validity of the complaint; if noncompliance with a mitigation measure has occurred, the General Manager shall cause appropriate actions to remedy any violation. The complaint shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance issue. Attachment 5 MITIGATION MONITORING PLAN Almaden Air Force Station Structure Abatement Project Sierra Azul Open Space Preserve Santa Clara County, CA August 23, 2010 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 650-691-1200 ?f A *•4 .f 7 x. .• y l ~ —c. a 'ill •+-� � a • `ate' ' �'"'�-, s• . �� �. � ,�' +4 � � 'fit..+� } •r'��+,� } _�,+t •* �' E SNP- .� �. ; � F f rN `,r _._•. ►� _• olllljjjjl rr j a J ems(? AL Co E 'f r r Exhibit 2-3: Study Area Midpeninsuta Regional Open Space District MROSD Mt. Umunhum Site, 19.9 Acres June 2010 ,� Private Property Mt.Thayer Site, 2.9 Acres ® n�s s5�Feet ' Ile; _ H gi'i " Sierra Azul N Almaden AIM,. Quicksilver County P. '��, Park Y OP ` by�� � Cn:6Mo ryW 1 — t Public can drive this i MtThayer. portion of road Fmmer Almaden / Ax FS(ce Base �� Wrra'r" zul ( Umunhum Area Closed to public beyond this pointIX , 1 Y ^ Exhibit 2-2: Regional Map Land Ownership Current Public Access Project Site Midpeninsula Regional I - MROSD Watershed Land — Hiking, Bicycling Mt. Umunhum Site Open Space District Other Protected m Conservation June 2010 _ __ Hiking, Bicycling, � a Park Lands Easement Mt.Thayer Site -�Mdes Nonprofit Land Urban Equestrian ® 0 025 0.5 1 --- - ------- _ _ %�----ter- San Jose 9i Guadalupe r.. T ► Reservoir Sierra Az LeXin to Open Space Preserve 9 P P -� Reservoir ..�.... Almaden auicksilver County Park ism Mt, That' Almade 3,483' n hum ���� Resevoir Redwood ! 1 Estates �04d Cake Elsm n 1 _ .;. Aawl San • ,Oakland 5 Francisco a g e • �„ San `r h•, •Jose - CML Umunhum fi• s oq u e l Demonstration Os Forest :.r ... .dam .... _... ✓os � 7 0 5 to 20ANies �O,p 1 y: i r Exhibit 2-1: Site Vicinity Map Midpeninsula Regional Open Space District _ MROSD Watershed Land Mt. Umunhum Site. 19.9 Acres Other Protected Open Space Conservation or June 2010 or Park Lands ® Agricultural Easement MROSD Br Site,2.9Acres • Nonprofit LandAgency �— MROSD Boundary 0 0.5 t � p her P i A n miles Other ubl c ge. cy ���. MROSD Sphere of Influence e � e 4. The Board finds that, on the basis of the whole of the record before it, including the MND, Initial � Study, and any comments received, that there is no substantial evidence that the Project will have a significant effect on the environment. 5. The Board adopts the proposed MND and determines that it reflects the District's independent judgment and analysis. 6. The Board adopts the Mitigation Monitoring Program attached to this Report and requires it to be implemented as part of the Project. 7. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are located at the offices of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos,California 94022. 8. The Board authorizes the General Manager to execute a Right of Entry with the US Army Corps of Engineers and its contractors, consultants, agents and employees to enter the District's Sierra Azul Open Space Preserve, Santa Clara County, California to undertake and perform the Almaden Air Force Station Structure Abatement Project("Project")and to authorize such other related actions and execute such documents as are necessary for the Project to be undertaken and completed. The General Manager and General Counsel are further authorized to approve and execute such documents which are necessary or appropriate to enable the Project to be undertaken consistent with the Mitigated Negative Declaration. RESOLUTION N(l|O-XX & RESOLUTION OF THE BOARD CF DIRECTORS OFTHE M|DPENlNSULAR6G0NAL OPEN SPACE DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION INCLUDING /\ MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE STRUCTURE ABATEMENT PROJECT(^^PIlOJECT`)&T THE FORMER ALyW/\DEN AIRFORCE STATION ATSlBR/\ &ZOLOPEN SPACE PRESERVE AND AUTHORIZING THE GENERAL MANAGER T0 EXECUTE/\ RIGHT 0F ENTRY WITH THE USARMY CORPS 0FENGINEERS AND TOTAKE SUCH OTHER ACTIONS &8 ARE NECESSARY � T0 ENABLE THE PR0JBCTT08EUNDERTAKEN AND COMPLETED. {. The Board of Directors of the Midponinsu|uRegional Open Space District("District") is considering authorization of a Right of Entry to tile US Army Corps of Engineers and its contractors, consultants, agents and employees to enter the District's Sierra /\zu| Open Space 9rrycrve, Santa Clara County, California to undertake and perform the &|muJcn Air Force Station Structure /\hatcmoni Project("Pr jcut")und various rc|uHud actions. l|. An Initial Study (|S), u|\uchcd to the Report, was prepared for tile Project pursuant to/hc requirements oftile California Environmental Quality /\c{(CB(}A, Public |<caounoea Code sections 2|OOOetueq.)and the C20& Guidelines(|4 Cal. Code. Regulations meudunm\5000et seq.). D|. The|S identified potentially significant adverse effects oil tile environment from tile proposed Project but found that mitigation measures proposed for the Project and made a part of the Project would avoid the effects or mitigate the effects tna point where clearly no significant effects would occur. IV. The IS and a notice of intent to adopt a Mitigated Negative Declaration (MND) were circulated for public review from July 27, 20|8, 0o August 20, 2O|O. The Mitigation Monitoring Program was included in the Report distributed to tile Board and public oil August 25, 2010. V. Oil August 30, 20 10,tile Board of Directors conducted a duly noticed public hearing on the adequacy m[the NOND(including tile IS)u1 which oral and written comments and astaff recommendation for approval of the K4ND were presented to tile Board ofDirectors. The Board of Directors reviewed and considered the information in|ho IS and MND, administrative record, and Staff Reports for completeness and compliance with CEQA and tile CEQA Guidelines. NOW, THEREFORE, BE IT Q28()L\/E[) by the Dnnn] of Directors that, based upon Ulc Tnihu| Study, Mitigated Negative Declaration, Mitigation Monitoring Program, all comments received, and all substantial evidence in light n[the whole record presented,tile Board of Directors finds that: |. Notice of the availability of tile Initial Study and proposed Mitigated Negative Declaration and all hearings oil tile MND was given as required by law and the actions were conducted pursuant to California Env i roil mental Quality Act([E[)/\)and tile CE0/\ Guidelines. 2. All interested parties desiring to comment oo the proposed MND were given tile opportunity to submit oral and written comments on the adequacy ofthe NIND prior(o this action hy tile Board of 0irecinoand any onnonnon<m raised during the public omnment period and o1Ule public beuringaon the NIND were responded toadequately. 3. Prior tnapproving the Project thutiatheeu|jcutofthepropoocdMND, theQourdooneide,cdthe NINU along with unyconnmeuis received during the public review process. R10-102 Page 7 mailed to property owners of land located adjacent to or in the vicinity of the former Almaden Air Force Station and to other interested parties. NEXT STEP If adopted by the Board, staff will file a Notice of Determination with the Santa Clara County Clerk and implement the Project. Attachment(s) 1. Resolution 2. Vicinity Map 3. Regional Map 4. Study Area Map 5. Mitigation Monitoring Program 6. Initial Study and Proposed Mitigated Negative Declaration 7. Response to Comments Prepared by: Gina Coony, Project Manager Contact person: Gina Coony, Project Manager Graphics prepared by: Casey Cleve, GIS Coordinator RI0-102 Page 6 being completed (removal of hazardous materials) and the fact that the area of work is taking place largely within a fully developed site. • Create impacts that are individually limited, but cumulatively considerable, based on project-specific factors that reduce these impacts to a less than significant level; and • Create environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly, based on project-specific factors that reduce these impacts to a less than significant level. Mitigation Monitoring Program In accordance with CEQA, the District has prepared the proposed Mitigation Monitoring Program, which describes project-specific mitigation measure and monitoring process (refer to Attachment 5). The proposed Mitigation Monitoring Program ensures that all adopted measures intended to mitigate potentially significant environmental impacts will be implemented. The project incorporates all of these mitigation measures. CEQA Findings Pursuant to CEQA, it is determined that the project will have no significant or cumulative effects because of implementation and adherence to mitigation measures that will prevent substantial impacts to environmental resources. It is also determined that project implementation will not result in direct and indirect substantial adverse impacts or significant risk to human beings. Detailed CEQA findings to be adopted by the Board are included in the Resolution attached to this report. FISCAL IMPACT The Structure Abatement project is federally funded. It is anticipated that the hazardous materials abatement can be completed on all structures under this first year's funding. However, should the contractor proposals exceed the funding amount, the project has been broken out into specific bid options to allow for phasing of the abatement work. The $3.2 million will also cover all USACE costs, as well as most of the future project—related costs the District will incur, including project management and third party monitoring. Previous studies completed by Northgate ($205,000), the CEQA documentation prepared for the Structure Abatement project ($48,000), and the hazardous materials consultant services required to complete the bidding documents ($25,000), cannot be reimbursed under the federal grant, and have been funded directly by the District. PUBLIC NOTICE A Notice of Intent to Adopt a Mitigated Negative Declaration (Notice of Intent) was submitted to the Santa Clara County Clerk on July 27, 2010 for posting, stating that the public review period would end on August 20, 2010. The Notice was published in the San Jose Mercury News on July 31, 2010 and on August 7, 2010 stating that the close of public review was August 20, 2010. The Notice of Intent, the Mitigated Negative Declaration, and the Initial Study were made available for public review at the District's Administrative Office and on the District's website. Notices were directly mailed to the United States Army Corps of Engineers, Department of Toxic Substances Control, Caltrans District 4, State Office of Historic Preservation, Native American Heritage Commission, County of Santa Clara Planning Department, City of San Jose Planning Department, City of Los Gatos Planning Department, Bay Area Air Quality Management District, and the Regional Water Quality Control Board. Notice has also been RI0-102 Page 5 Condition of the Site After Structure Abatement Once the structure abatement is complete, the potential for wind-blown hazardous materials to be transported off the site by wind or surface runoff would be eliminated. Since there has been surface contamination of flaked materials around some of the buildings, future projects will test soils, and determine whether further remediation is required. Therefore, there may be future clean up activities required, either around or under building structures. This work, if needed, would be completed under a separate, future project, which would be the subject of future environmental review prior to approval. MROSD anticipates the ultimate future use of the Mt. Umunhum site will be for public open space. The nature and extent of future public recreational use is unknown at this time and will be the subject of a planning and CEQA process. The federal funds to be used for this project are intended solely to clean up hazardous waste, which is required irrespective of any future use. The proposed project is a priority for the District to protect public health and the environment. The proposed structure abatement is necessary whether or not the site is proposed for future open space use. CEQA Findings Ascent Environmental prepared an Initial Study and proposed Mitigated Negative Declaration for the Phase I Abatement Project. The public comment period commenced on July 27, 2010 and ended on August 20, 2010. The District received two comment letters from property owners near Mount Umunhum. These comments and the District's responses are provided in Attachment 7. The Initial Study and proposed Mitigated Negative Declaration (refer to Attachment 6) conclude that the project either avoids impacts or minimizes them to a less-than-significant level, due to the specific nature of the project or because of mitigation measures that are incorporated into the project. The District's responses set out in Attachment 7 corroborate that conclusion. Most notably, the Initial Study and proposed Mitigated Negative Declaration found that due to the nature of the work required to complete the structure abatement, the project will have no adverse environmental impact on agricultural resources, mineral resources, population and housing, land use and planning, recreation, and hydrology and water. Due to the short time frame within which the project will take place, as well as other project specific factors which reduce the potential for adverse impacts, the project will have a less than significant impact on aesthetics, air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, public services, transportation and traffic, utilities, and service systems. The project will require implementation of mitigation measures (refer to Attachment 5) to ensure that there are no significant impacts to biological resources. In addition, the project will not: • Create impacts that degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory, due to the type of work RIO-102 Page 4 project site is on a mountain summit, winds are often very strong. Over time if the current conditions are not remediated, there is the potential that these materials could be blown further afield and possibly off the project site. Abatement of the hazardous materials associated with the on-site structures is necessary to mitigate the potential for spreading of contamination. The proposed project is intended to achieve the following primary objectives: ,A Protect public health by abatement of building materials that could pose a hazard to the public and that are currently being released into the environment; .A Protect the surrounding environment by removing loose hazardous materials on the site that could be carried off site by wind or surface water runoff-, and ,A Protect wildlife by removing loose hazardous materials on the site that could be internalized by local wildlife species and subsequent predators. Description of Proposed Structure Abatement The proposed project involves removing hazardous building materials from the interiors and exteriors of on-site structures, as well as removal of pieces of exterior coating that have fallen to the ground around the structures (refer to Attachment 4, Study Area, for an outline of the area of impact, around the locations of the on-site structures requiring abatement). The following building materials were found to contain asbestos, lead, or PCBs: floor tiles, adhesives & mastics, exterior and interior wall panels, wallboard system (joint compound), window glazing, exterior caulking, exterior sealants, roof mastic, exterior/interior paint, ceramic the glaze, flashing, and lighting ballasts. Removal of hazardous materials from the structures will be mostly accomplished manually with hand-held tools or smaller machines/equipment and will not require heavy equipment (such as bull dozers, excavators, or front loaders). Boom lifts, scissor lifts, and other types of lifts will likely be utilized in lieu of scaffolding due to the high winds experienced on site. Hazardous materials that have blown off the buildings onto the ground surface will be removed either by hand or with an approved HEPA-filtered vacuum. All abatement activities will be performed consistent with state and federal Occupation Safety and Health Administration (OSHA) and Bay Area Air Quality Management District(BAAQMD) regulations. The project would not involve ground disturbing construction activities (i.e. grading, excavating, etc.). Substantial pruning and clearing of overgrown vegetation around the buildings will be required to provide access around the buildings to complete the abatement work. All hazardous materials removed from the buildings and the ground surface will be stored at the project site consistent with OSHA and BAAQMD regulations. It is anticipated that approximately four trucks per week will transport waste from the project site to approved disposal facilities, depending on the type of material and level of hazard (either Kettleman City, Alameda, or Forward Landfill in Stockton). Non- hazardous wastes will be transported to a recycling facility or a local landfill. The abatement project is anticipated to take approximately four to six months to complete with a maximum on site presence of a 50-worker abatement crew. Most work will occur during daylight hours, however, nighttime work may also occur, but primarily will take place inside the buildings. Several of the existing paved parking areas on-site will serve as construction worker parking areas and construction vehicle staging areas. There may also be some temporary worker lodging on site. RI0-102 Page 3 The station was established in July 1957, when the 682nd Aircraft Control and Warning (AC&W) Squadron was assigned to the site. Almaden AFS subsequently became fully operational in March 1958 as part of the San Francisco Air Defense Sector (Page & Turnbull 2010:23). The official "inactivation" date of the facility was June _3 W, 1980. In June 1982, control of the property and improvements was transferred to the General Services Administration (GSA). In April 1986, MROSD purchased the base from the GSA (Page & Turnbull 2010:32). The site is currently part of Sierra Azul Open Space Preserve. It is not open to the public mainly because of the dangers presented by the existing condition of deteriorating buildings, which contain hazardous materials. The USAGE has been performing remediation activities on the site from 1994 to present under the FUDS program. The purview of the FUDS program is limited primarily to petroleum-related contamination. The remaining scope of work under the FUDS program, namely soil remediation at the former base fuel containment basin, was completed on site during the summer of 2010. Final confirmation soil testing will be conducted in the fall of 2010. Project Location The project site, owned by MROSD, is located on the summits of Mount Umunhum and Mount Thayer, both at approximately 3,480 feet above sea level. These two summits are part of a range of mountains on the west side of the Santa Clara Valley (east of Monterey Bay) that, along with numerous other ranges, comprise the northern Coast Ranges of California. The project site is part of MROSD's 17,000-acre Sierra Azul Open Space Preserve (refer to Attachment 3, Regional Map). The project site is accessed by Mt. Umunhum Road and is currently closed to the public. Although the entire base consists of 43.72 acres, the project site is limited to the immediate areas around the on-site structures; approximately 20 acres on Mount Umunhum and approximately 3 acres on Mount Thayer. Site Description The project site consists of a complex of former military buildings and associated facilities (driveways, parking lots, storage buildings, etc.), including a large concrete structure formerly used as a podium supporting an 85-ton radar dish (which was removed before MROSD purchased the property). The buildings have been abandoned for 30 years and over time, due to, among other things, vandalism and extreme weather conditions, are currently severely dilapidated. The site has become overgrown with vegetation (mostly ornamental landscaping species), and interior roads, parking lots and infrastructure have deteriorated. The FUDS Remediation Project was limited to petroleum-related contamination. Hazardous Materials Investigations conducted in 1997 and 2010 have confirmed the existence of hazardous materials in almost all structures on site including asbestos, lead based paints, and small amounts of PCB- containing light fixture ballasts. Due to the current deteriorated state of the existing structures, the hazardous materials are becoming an increasing hazard. For example, over time, asbestos insulation on pipes has broken off and fallen to the ground creating friable asbestos-containing dust, asbestos floor tiles and mastic have popped off the floor, and lead and asbestos laden exterior coatings have begun to peel and fall to the ground. Need for the Proposed Project All of the major structures on the project site were constructed with asbestos- and lead- containing materials. Many of these materials, including those on the soil surface, are currently in a deteriorated, friable state and present an increasing environmental hazard. Because the R10-102 Page 2 piping, transformers containing PCB's, and various other hazardous materials. However, the FUDS program did not address the asbestos and lead-containing construction materials found in most of the buildings on the site. Over time, with the aging of the structures and damage sustained due to vandalism and weather, the building materials have deteriorated to the extent that the potential for exposure to the hazardous materials has increased, and removal of the materials has become a priority for the District. Due in large part to legislative support, the District has secured $3.2 million in federal funding to complete the hazardous materials removal work. These funds are considered "one-year" funds, and must be "obligated" by September 30, 2010. For the onsite abatement work to commence, the District must complete the environmental review as required under the California Environmental Quality Act (CEQA) and enter into a Right of Entry with the USACE to allow access to the site and permission to begin the abatement activities. Accordingly, approval of Recommendation No. 2 set out in this report would authorize the General Manager to enter into a Right of Entry with the USACE to conduct the project as set out in the Mitigated Negative Declaration. In addition, District staff will develop a work plan in collaboration with Mr. Scott McQueen of Communications Controls to address comments received from Communications Controls' counsel, Logan & Powell, LLP. The work plan will address non-CEQA-related concerns including addressing site access to Mt. Thayer, and issues relating to potential trespassing, site security, and vandalism. CEQA COMPLIANCE Project Description Midpeninsula Regional Open Space District (MROSD) is proposing to abate hazardous- containing materials from existing structures at the former Almaden Air Force Station site, located in Los Gatos, CA (refer to Exhibit 2-1, Site Vicinity Map). This project follows hazardous materials remediation completed by the USACE under the Formerly Used Defense Sites, (FUDS) program. Under FUDS, petroleum-related contamination was remediated, including removal of several large diesel storage tanks and associated piping. The FUDS program did not address the presence of asbestos and lead-based paint, nor other hazardous building materials, which in their current condition are potentially harmfiil to both people and the environment. MROSD is proposing to remove hazardous materials from the interior and exterior of existing structures at the former base. The proposed abatement actions will be conducted by contractors under contract to the USACE. The District, as the owner of the property, must issue a Right of Entry to the USACE. Therefore, the project involves a discretionary action and is subject to CEQA. The project must also comply with NEPA because of the use of federal funding. The USACE is the federal NEPA Lead Agency, while the District will continue to serve as the CEQA Lead Agency. The USACE is conducting its NEPA review concurrently with the District's CEQA process. Project Background Almaden Air Force Station was a U.S. Air Force early warning radar base that operated from 1958 to 1980. It was constructed as part of the North American Aerospace Defense Command (NORAD) to keep watch over Northern California's airspace during the Cold War. In order to develop the site, the U.S. Air Force acquired land between 1957 and 1962 from several private individuals and the San Jose Water Works (SHWW), a public utility company. 0, Midpeninsula Regional 9 open Space District R-10-102 Meeting 10-21 August 30, 2010 AGENDA ITEM 4 AGENDA ITEM Consider Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Removal of Hazardous Materials from Existing Structures at the Former Almaden Air Force Station at Mount Umunhum in Sierra Azul Open Space Preserve. GENERAL MANAGER'S RECOMMENDATIONS )Wt)/ R-K 1. Approve the attached Resolution adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program for the Structure Abatement Project at the Former Almaden Air Force Station at Sierra Azul Open Space Preserve in accordance with the California Environmental Quality Act (CEQA). 2. Approve the attached Resolution authorizing the General Manager to sign a Right of Entry and project-related documents with the United States Army Corps of Engineers (USACE) to perform the project as described in the MND. SUMMARY The District has received federal funding to remove and abate hazardous materials at the former Almaden Air Force Station. These hazardous materials include asbestos-containing building materials, lead-based paint, lead in ceramic tile, and a small amount of polychlorinated biphenyls (PCB's) in light fixtures. These materials are found in the interior and exterior of most buildings, as well as in limited areas on the ground surface around the base of buildings. The abatement project ject (also known as Phase 1) will not include the demolition of structures, building removal, or soil disruption (no grading or digging). The District continues to work collaboratively with the USACE who are serving as the contracting arm for the abatement project, which is expected to begin onsite in late fall 2010. For the onsite abatement work to commence, the District must complete the environmental review as required under the California Environmental Quality Act (CEQA) and enter into a Right of Entry with the USACE to allow access to the site and permission to begin the abatement activities. DISCUSSION The existing Almaden Air Force Station, located at the peak Of Mount Urnunhurn in the Sierra Azul Open Space Preserve above Los Gatos, California was purchased by the District in 1986. Beginning in 1994, the Federal Government completed remediation work under the Formerly Owned Defense Sites (FUDS) Program to remove underground and above-ground fuel tanks and ���� 12 4 J > l�Ta�� L. - ----------------------- ;a-�-- -------:�------------------Mi - -- ----- - -- ---------------------------------------------- ------------- - ---------- ------------------ --- -- - --------------- 7 ----------------------------------------------------------------------------------------- ------ ------------------ : - --------- --- ------------s....-..------ aNiNiaifii ------ ----- - -��--- ----------- ----------------...........--------------............. ...iif=f=S- ------ ------- ---------- ........................... = - -------- =, -------------aaaaa__a�__----------�N.M.....N..I.11llli- -------------------------� --------- ----- /�/ 18 �T7'-�- /o. - - -- - -- - - ----- ------------- 1=====________ � ----------------_ -----------------------------------------_----- I� t• AUG' 1i2010 August, 2010 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Board: We, the undersigned, are petitioning for a mid-level trail to be built on Windy Hill connecting the Hamm's Gulch Trail to the Spring Ridge Trail. It is our understanding that in the original agreement between the Town of Portola Valley and MROSD this trail would eventually be built; without this connection, the Windy Hill Preserve caters only to the strongest hikers. We've been waiting a long time. NAME ADDRESS -----------------,---------------------------------------- --- ---- -- --- -------------------- -------------------------- ----- -- - p------------------ ---------_-------`--------------_--_----'-------_- -- -:' - U� L--------- --- - ---------------- ----------------- - --------------------- ----- ------- ---------- j -- �---- / _1 AM, ----------------,•'-----------------(-------------------- - ----- ---- -- - -- - ±------- -- - ------------------ -i---p-v- � ----------= S' ------------ -- - -- -- --------=5-------- -'' _ -_� 02 3------ ----�- ------ - --- ----------------- ----------------------------------- -- ------------=------ -- -- --- _ - --____-- _--f _______-- - -------------- ' ear o . GENERAL MANAGER Stephen E.Abbors Regional 0 penSpace I Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Mary Davey Jed Cyr Curt Riffle Nanette Hanko Larry Hassett M.J. Walter Cecily Harris 20 Coyote Hill Portola Valley, CA 94028 Dear Ms.Walter, Thank you for your correspondence received by Midpeninsula Regional Open Space District on August 11, 2010. Your correspondence will be included as a Public Communication at the next available Board meeting. You will also receive a response from the Board of Directors thereafter. If you have any questions,please call (650) 691- 1200. Thank you for your interest in the District. Sincerely, Michelle Radcliffe,CMC District Clerk 33o Distel Circle LOS Altos,CA 94022 P 65o.69,-.:i2oo r650691.0485 www,openspace.org 2003 Constructed Lower Meadow Trail 2004 Realigned Upper Meadow Trail 2005 Opened connector trail between Spring Ridge and Upper Meadow Trails Lastly, as clarification, the original trails plan developed for Windy Hill does identify additional trails, including the Mid-Level Trail. The original trails plan maps out a long-term trails vision for this property, for which the District has over the last three decades worked to implement. However, this trails plan, like others, needs to remain flexible to adjust to new or shifting priorities, including new property purchases, new focus areas, funding constraints, and legal requirements. Given the variety of trail mileages, trail grades, and loop opportunities provided at Windy Hill, we are confident that this Preserve provides good trail access for the general public who possess a wide range of physical abilities. This is evident to us given the high use visitation that this Preserve continues to receive as it remains our fifth most visited Preserve. At which time the Midlevel Trail is identified as a Key Project in our annual Action Plan, we would notify you and other interested parties about the opportunity to participate in the planning process for this future project. We appreciate your continued interest in Windy Hill and thank you for remaining a dedicated advocate for trail access in Portola Valley. Sincerely, Mary Davey, Board President CC: MROSD Board of Directors Stephen E. Abbors, General Manager Ana Ruiz, Planning Manager Midpeninsula Regional Open Space District DRAFT RESPONSE August 31, 2010 PREPARED BY STAFF FOR BOARD CONIQl"' Ms. Marilyn Walter 20 Coyote Hill Portola Valley, CA 94028 RE: Woods Mid-Level Trail between Hamms Gulch and Spring Ridge Trail at Windy Hill Open Space Preserve Dear Ms. Walter, On August 11, 2010, the District received a petition from you with numerous signatures to request the completion of a Mid-Level Trail at Windy Hill Open Space Preserve to connect Hamms Gulch and Spring Ridge Trails. We understand the desire for adding additional trail mileage, as we receive numerous requests from many other constituents for new trails and expanded trail access. Each year, the District is faced with the need to prioritize these request along with other key priorities, including high priority projects that are necessary to meet legal requirements, address public safety issues, and are grant-funded and therefore subject to strict implementation deadlines. Although we are unable to move forward at this time on the Windy Hill trail that you mention, please know that this trail remains on the Planning Department's pending project list for future consideration. Also, we would like to take this opportunity to remind you of the many Windy Hill projects that the District has embarked on over the years to help improve the trail experience at this Preserve, which to date offers more than 14 miles of trail and ample visitor parking. These projects, many of which were completed in partnership with other organizations and volunteers, include: 1980 Acquired I st Windy Hill property as protected public open space and opened property to public trail use 1983 Constructed Hamms Gulch, Eagle, Razorback and Lost Trails (large loop) 1988 Constructed Anniversary Trail 1988 Improved and opened Spring Ridge Trail 1993 Completed Sausal Pond spillway improvements 1994 Expanded use of the summit launch site to include paragliding(in addition to hang gliding) 1996 Opened select trails at Windy Hill to dogs on leash 1998 Constructed a new 50-car parking lot off Portola Road 1998 Upgraded the Spring Ridge picnic area (includes new restroom) 1999 Constructed the Betsy Crowder Trail Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: August 30, 2010 Re: Written Communications i Claims No. 10-17 Meeting 10-21 Date 8/30/10 Midpeninsula Regional Open Space District # Amount Name Description 13467 $178.73 California Water Service Company Water Service-AO 13468 $177.12 Office Team Office Temp-Receptionist 13469 $173.71 Summit Uniforms Uniform Expenses 13470 $173.51 Allied Waste Services Garbage Service-Rental Residences 13471 $168.97 Jackson-Hirsh Printing Supplies 13472 $95.47 Peninsula Open Space Trust Reimbursement-Electric Bill For Lobitos Ridge Agricultural Meter 13473 $75.21 Petrotek Fuel Pump Repair-SFO 13474 $73.07 Stevens Creek Quarry Base Rock For Trail Work At Fremont Older 13475 $73.01 R. E. Borrmann's Steel Company Steel Bars For Gates 13476 $71.00 Santa Clara County Sheriffs Office Fingerprinting Services 13477 $46.93 Staples Office Supplies 13478 $34.43 Forestry Suppliers Flagging Tape For Slender False Brome Surveys i 13479 $25.25 `8 Rayne Of San Jose Water Conditioning Service 13480 $25.00 Dan Chamberlin Reimbursement-Pre-Employment Fingerprinting 13481 $23.59 Los Altos Hardware Field Supplies 13482 $21.75 Paterson, Loro Reimbursement-Uniform Expenses 13483 $20.69 United Parcel Service Parcel Shipping 13484 $15.00 Tires On The Go Tire Repair Total $89,957.96 '1 Urgent check issued 8/24/10 '2 Urgent check issued 8/12/10 *3 Urgent check issued 8/18/10 '4 Urgent check issued 8/20/10 `5 Urgent check issued 8/12/10 '6 Urgent check issued 8/18/10 "7 Urgent check issued 8/17/10 `8 Urgent check issued 8/20/10 Page 2 of 2 Claims No. 10-17 Meeting 10-21 Date 8/30/10 Midpeninsula Regional Open Space District i # Amount Name Description l 13422 $18,280.00 Hazard Management Services Hazardous Materials Surveys&Updates At Mt. Umunhum 13423 $15,405.43 Macro Corporation Project Management Services-Implementation Of District's New Radio System 13424 $7,400.78 *1 Darryl Scotti Events Balance For Volunteer Recognition Event-Consulting,Catering, Entertainment&Set Up/Tear Down 13425 $4,143.82 *2 U.S. Postmaster Postage-Fall Newsletter 13426 $3,750.00 Go Native District Wide Vegetation Management 13427 $3,500.00 MCB Remodeling Window Replacement For Rental Residence 13428 $3,366.20 LFR Levine Fricke Engineer&Design Services-ECDM Staging Area Project 13429 $3,078.75 Page&Turnbull Architectural&Engineering Services-Folger House Remodel 13430 $2,264.11 Cresco Equipment Rental Equipment Rental-Excavator For Waste Removal At Sierra Azul 13431 $1,994.00 County Of Santa Clara-Department Hazardous Material Storage Permits-SFO Of Environmental Health 13432 $1,966.50 Pacific Ag. Rentals Equipment Rental-Tractor For Discing&Mowing 13433 $1,929.33 CMK Automotive Vehicle Maintenance&Repairs 13434 $1,831.50 The Carpet Mart Carpet&Installation-Rental Residence 13435 $1,830.00 Lindsay Wasserman Emerson Balance-Catering For Staff Recognition Event 13436 $1,774.65 San Francisco Bay Bird Observatory Nest Surveys At Monte Bello Burn Area 13437 $1,570.29 Inside Source Storage& File Cabinets For AO 13438 $1,153.76 Sol's Mobile Service District Vehicle Maintenance&Repairs 13439 $1,115.00 Timothy C. Best,CEG Engineering Geologist Services-Mindego Hill Trail Project 13440 $1,000.00 *3 Neopost Replenish Postage In Postage Machine 13441 $858.81 Turf&Industrial Equipment Company Tractor&Sprayer Parts 13442 $696.92 Golden West Collision Center District Vehicle Auto Body Repairs 13443 $665.33 Reed&Graham Pallet Of Sandbags For Thornewood Trail Project 13444 $553.47 All Chemical Disposal Hazardous Waste Disposal 13445 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 13446 $540,30 *4 California Water Service Company Water Service-FFO 13447 $529.30 McKowan, Paul Reimbursement-Volunteer Recognition Event Supplies 13448 $519.49 Americas Propane-Rental Residences 13449 $51035 Sanguinetti, David Reimbursement-Cell Phone/Digital Camera For Resource Management Department 13450 $508.80 West Payment Center Legal Research&Books 13451 $500.30 Recology South Bay Dumpster-FFO 13452 $458.51 Sears Torque Wrench Tools/Neumatic Impact Wrench 13453 $450.00 Maze&Associates 2009/2010 Financial Statements 13454 $426.15 Tadco Supply Janitorial Supplies 13455 $365.00 *5 County Of Santa Clara Assessor's Mailing Address Database For Public Notification Office 13456 $357.08 Gartside,Ellen Reimbursement-GPS Map&Memory Card For Slender False Brome Project 13457 $334.05 *6 Metro Mobile Communications Radio Repairs 13458 $324.69 West Coast Aggregates Base Rock For Trail Work At Fremont Older 13459 $306.69 Continuing Education Of The Bar California Municipal Law Handbook 13460 $305.00 *7 County Of San Mateo Assessor's Mailing Address Database For Public Notification Office 13461 $260.57 John Shelton Culvert Couplers 13462 $250.66 Ergo Works Reupholstered Chair&Armrests 13463 $245.74 Foster Brothers 12 Padlocks 13464 $215.22 Craftsmen Printing Printing Services-Business Cards 13465 $212.74 Lampson Tractor Tractor Repair 13466 $187.67 Green Waste Garbage Service-SFO Page 1 of 2 Claims No. 10-17 Meeting 10-21 Date 8/30/10 Revised Midpeninsula Regional Open Space District I # Amount Name Description 13467 $178.73 California Water Service Company Water Service-AO 13468 $177.12 Office Team Office Temp-Receptionist 13469 $173.71 Summit Uniforms Uniform Expenses 13470 $173.51 Allied Waste Services Garbage Service-Rental Residences 13471 $168.97 Jackson-Hirsh Printing Supplies 13472 $95.47 Peninsula Open Space Trust Reimbursement-Electric Bill For Lobitos Ridge Agricultural Meter 13473 $75.21 Petrotek Fuel Pump Repair-SFO 13474 $73.07 Stevens Creek Quarry Base Rock For Trail Work At Fremont Older 13475 $73.01 R. E. Borrmann's Steel Company Steel Bars For Gates 13476 $71.00 Santa Clara County Sheriffs Office Fingerprinting Services 13477 $46.93 Staples es Office Supplie s 13478 $34.43 Forestry Suppliers Flagging Tape For Slender False Brome Surveys 13479 $25.25 "8 Rayne Of San Jose Water Conditioning Service 13480 $25.00 Dan Chamberlin Reimbursement-Pre-Employment Fingerprinting 13481 $23.59 Los Altos Hardware Field Supplies 13482 $21.75 Paterson, Loro Reimbursement-Uniform Expenses 13483 $20.69 United Parcel Service Parcel Shipping 13484 $15.00 Tires On The Go Tire Repair i 13485 R $5,000.00 '9 Old Republic Title Company Deposit-Land Acquisition 13486 R $4,000.00 EQ-Wine Covers Deposit For Storage Structure At FFO 13487 R $1,743.34 Farm Plan Mower Parts 13488 R $1,000.00 `10 C. J.Olson Cherries Cherry Jam For Volunteer Recognition Event Giveaways 13489 R $898.62 Commuter Check Services Commuter Check Program-Transit Passes 13490 R $100.00 *11 Yerba Buena Nursery Gift Card Giveaway For Volunteer Recognition Event j 13491 R $100.00 San Francisco Zoo Presentation For Staff Recognition Event 13492 R $62.11 Maze Gessner, Leigh Ann Reimbursement-Volunteer Recognition Event Supplies/Pond Event Supplies 13493 R $59.00 Gou,Vicky Reimbursement-Email Templates Upgrade 13494 R $36.08 Reed,Steve Reimbursement-Camera Case&Memory Card 13495 R $26.22 Trout Bach, Rebecca Reimbursement-Uniform Expenses Total $102,983.33 '1 Urgent check issued 8/24/10 '2 Urgent check issued 8/12/10 '3 Urgent check issued 8118/10 `4 Urgent check issued 8/20/10 '5 Urgent check issued 8/12110 "6 Urgent check issued 8/18/10 `7 Urgent check issued 8/17/10 "8 Urgent check issued 8/20/10 '9 Urgent check issued 8/25/10 *10 Urgent check issued 8/25/10 *11 Urgent check issued 8/25/10 Page 2 of 2 Claims No. 10-17 Meeting 10-21 Date 8C30/10 � Revised � � MidpeninsW]a Regional Open Space District � # Amount Name Description 13422 $18.2e0�00 Hazard Management Services Hazardous Materials Surveys a Updates/uMt. umunxum /3*23 m5.*05.43 Macro Corporation Project Management Services-Implementation cx District's New | | Radio System | / 13424 $7.400.7e ~1 Darryl Scotti evnmo Balance For Volunteer Recognition Event Consulting,Catering, | Entertainment&Q�u /T��, p Down | 13425 **.1*3V2 ^o U.S. Postmaster Postage Fall Newsletter / 13426 $3.750.00 Go Native District Wide Vegetation Management 13427 $3.50000 monRomodoono Window Replacement For Rental Residence 13428 $3.366 zV LFR Levine r,icxn Engineer&Design Services-sCoM Staging Area Project 1342e $3.078.75 Page&Turnbull Architectural&Engineering Services Fn|ger House Remodel 13430 $2.26411 Cmsov Equipment Rental Equipment Rental'Excavator For Waste Removal At Sierra Azv| 13431 $1.994o0 County 0f Santa Clara Department nozamnuoxxotcna|SmmgoPcnnito-SFO 0,Environmental Health /u^sa *1.96650 Panmu^e nunto|n Equipment Rental Tractor For oiucinn&Mowing 13433 $1.92e33 CMx*utnmnuvo Vehicle Maintenance uRepairs 13*34 $1.831 so The Carpet Mart Carpet&Installation Rental Residence 13435 $1.83000 Lindsay Wasserman Emerson Balance'Catering For Staff Recognition Event 13436 $1.774.65 San Francisco Bay Bird Observatory Nest Surveys at Monte Bello Burn Area 13437 $1.57029 Inside Source Storage&File Cabinets For AO 13438 $1.15376 so,s Mobile Service District Vehicle Maintenance&Repairs 13*39 $1.115o0 Timothy C. Best,osm Engineering Geologist Services-M|nucnn Hill Trail Project � � 13440 $1.000.00 ^o woopoot Replenish Postage m Postage Machine � 13**1 $858.81 Turf a Industrial Equipment Company Tractor&Sprayer Parts � /3442 $sosyu Golden West Collision Center District Vehicle Auto Body Repairs /3443 $665.33 Reed&Graham Pallet[V Sandbags For Thumewpou Trail Project 1344* $553o7 All Chemical Disposal Hazardous vVaaou o|spnao| | 13*4e *54816 United Site Services Sanitation Services Sierra xav|a Fremont Older | /3440 $s*n.ao ^4 California Water Service Company Water Service-rF0 134*7 $52e.50 Mcnowan. puu| Reimbursement'Volunteer Recognition Event Supplies 13448 $519.49 AmeriGas Propane'Rental Residences 1344e $510.75 Sangvinett|. Duvm Reimbursement-Cell Phone/Digital Camera For Resource Management Department � 13450 $508.80 West Payment Center Legal Research&Books � 13451 $500.30 necnlogy South Bay Dumpvte,'FFO 13*52 $*58,51 Goam Torque Wrench Tools/Neumatin Impact Wrench � 13453 $*SO.00 Maze&Associates 2Uoe/2O1O Financial Statements � 1345* $426.15 radovSupp|y Janitorial Supplies � 13455� $aamOo ~o County 0/Santa o|a Clara Mailing*uu emsDatabase For Public Notification � � Office � 13*56 $35708 Gart»iue. s||en nnimuu,nement-GpGMap&Memory Card For Slender False � oromep,ojoct � 13*57 $s0000 n Metro Mobile Communications Radio Repairs /3458 $324,69 West Coast Aggregates Base Rock For Trail Work xo Fremont Older 1345e $306.69 Continuing Education[n The Bar California Municipal Law Handbook 13460 $snoVm 7 County Of son Mateo Assessor's Mailing Address Database For Public Notification Office 13461 $26057 John Shelton Culvert Couplers 13462 $250 OU Ergo vvnrxo Reupholstered Chair&Armrests 13463 $245 74 Foster Brothers 12 Padlocks 13*6* $21522 Craftsmen Printing Printing Services Business Cards 134*e $212 7* LampounT,acto, Tractor Repair 13466 $187,67 Green Waste Garbage Service SrO Page/of' II 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. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICA,r][ON OF POSTtNG OF AGENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Special Meeting of the MROSD Board of Directors was posted and available for review on August 25,2010,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. The agenda is also available on the District's web site at http://www.oLienspace.or Signed this 25th day of August,at Los Altos,California. District Clerk August 25,2010 Midpeninsula Regional Open Space District Meeting 10-21 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Monday, August 30, 2010 SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M. 330 Distel Circle Los Altos, California AGENDA SPECIAL MEETING 7:00* SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- PUBLIC SESSION ROLL CALL ORAL COMMUNICATIONS-PUBLIC ADOPTION OF AGENDA 7:10* CONSENT CALENDAR I Approve Minutes of the Regular and Special Board Meetings of July 14,2010 and July 28,2010 2. Approve Revised Claims Report 3. Approve Written Communications—M. Walter 4. Consider Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Hazardous Materials Abatement Project at the Former Almaden Air Force Station at Mount Umunhum in Sierra Azul Open Space Preserve;and Authorize the General Manager to sign a Right of Entry with the United States Army Corps of Engineers to perform the Project as described in the Mitigated Negative Declaration—G. Coony 5. Approve Contract Amendment with TKO Construction in an amount not to exceed$24,500—J. Anderson 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 oj' 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. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion.Board members, the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar.