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HomeMy Public PortalAbout20010101 - Agenda Packet - Board of Directors (BOD) (10) Midpeninsula Regional open Space District Meeting 10-30 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday,November 10,2010 REGULAR MEETING OF THE MIDPENINSLJI,A REGIONAL OPEN SPACE DISTRICT BEGINS AT 6:30 P.M. Coastside Fire Protection District Station 40 1191 Main Street Half Moon Bay, California 94019 AMENDED AGENDA REGULAR MEETING 6:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- PUBLIC SESSION ROLL CALL ORAL COMMUNICATIONS-PUBLIC ADOPTION OF AGENDA 6:40* CONSENT CALENDAR 1. Approve Minutes of the Regular and Special Board Meetings of October 13,2010,October 22,2010,and October 23,2010 *2. Approve Revised Claims Report *3. Approve Written Communications—G.Clifford,C. Castrovinci, R. Fahy,and S. Felice 4. Calling of'Special Board Meeting for November 18.20 10—M. Radcliffe 6:50* BOARD BUSINESS 5. Appointment of Unopposed Candidates in Wards 1,5,and 6-, Approval of Certificates of Appointment;and Administration of the Oaths of Oft-ice—M. Radcliffe 6. Informational Presentationon Bay Area Critical Linkages Proiec —G. Basson 7. Authorization to Amend the Preliminary Use and Managlern,ent Plans for 1.,obitos Ridge and Elkus Ranch Uplands Additions to the Purisinia Creek Redwoods Open Space Preserve to Incorporate a Rangeland Management.Plan for the L,obitos R4zefflkLls Ranch [Jplands Grazing Unit-,and Authorization to Approve a Proposed Negative Declaration and Grazing Lease for the Lobitos Ridge/Elkus Ranch tjp1ands Grazing Unit—E. Cuzick&C. Koopman 8. Informational Presentation on the Parking Issues along PUrisima.Creek Road—A. Ruiz 9. Approval of the proposed purchase of the Holmes Lumber Company property as an addition to Beat-Creek Redwoods Open,Space Preserve, located on the north side of Summit Road approximately one-half mij east of Beat-Creek Road in unincorporated Santa Clara County(Assessor's Parcel Number 544-50-009), Adoption of the Preliminary Use and Management Pjan-,and Approval of a cate;,,orical exemption in accordance with CEQA—M. Reeves 10, Consideration o f the Guadalupe River Watershed Met-CLIaTotal Maximum Daily Load OWL) Coordinated Monitoring Plan Cost Sharing Agreement—K. Lenington 11. Informational Presentation on Lobitos Ridge Property Repair Improvements—E. Cuzick INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff-,opportunity to refer public or Board questions to staff for factual infort-nation;request staff to report back to the Board on a matter at a future meeting;or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change Qforder. TOADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other natters 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 tin item he removedftoni the Consent Calendar during consideration ql'the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to C11SUre 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, CERTIFICATION OF POSIFING OF AGENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the MROSD Board ol'Directors was posted and available for review on November 5,2010,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 Ltn://www.onenspacc_c_ Signed this 5"'day ot'November,at Los Altos,California. iwaur,9.9..�t%L District Clerk November 5,2010 Claims No. 10-22 Meeting 10-30 Date 11/10/10 Midpeninsula Regional Open Space District # Amount Name Description 13897 $2,495,000.00 ## Old Republic Title Company Land Acquisition-Holmes Property 13898 $5,143.65 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt, Umunhum Site Planning 13899 $3,797.50 Macro Corporation Project Management Services-Implementation Of District's New Radio System 13900 $2,980.00 Old Republic Title Company Title&Escrow Fees-Bergman Property 13901 $2,803.25 State Water Resources Control Board Oversight Costs At Driscoll Ranch 13902 $2,783.40 Priority 1 Public Safety Equipment Outfit Patrol Truck With Code 3 Equipment&Patrol Truck Spotlight Repair 13903 $1,998.18 Pine Cone Lumber Welded Wire&Stakes-Skyline Ridge Tree Farm Project 13904 $1,992.50 Timothy C. Best,CEG Road&Trail Inventory And Assessment-Trail Reroute Project At Fremont Older 16905 $1,989.58 Office Depot Office Supplies/Calendars/Envelopes/Binders/Break Room Supplies/Labels/Batteries/Copy Paper 13906 $1,577,16 Sol's Mobile Service Vehicle Repairs&Service 13907 $1,470.00 Hazard Management Services Skyline Ridge Dust Sampling 13908 $1,351.57 Peterson Tractor Mini Excavator Repairs 13909 $1,330.00 Ray Weikal Reimbursement-Slender False Brome Treatment 13910 $1,251.00 Redwood General Tire Company Tires 13911 $1,120.04 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 13912 $968.27 *1 U.S. Postmaster Postage For Mt. Umunhum Special Public Meeting Postcard 13913 $865.02 CMK Automotive Vehicle Maintenance&Repairs 13914 $832.19 Ergo Works Ergonomic Equipment 13915 $763,23 Staples Office Supplies/Breakroom Supplies/Binders/Notepads/File Folders For Clerk's Office/Label Maker 13916 $735.00 Bobbin Teegarden Reimbursement-Slender False Brome Treatment 13917 $665.00 Misha Merrill Reimbursement-Slender False Brome Treatment 13918 $445,00 Kim Hamrick Reimbursement-Slender False Brome Treatment 13919 $432.00 Liebert Cassidy Whitmore Legal Services-Personnel 13920 $391.82 Overhead Door Company Of Santa Repair&Service Of Shop Roll Doors At FFO Clara 13921 $350,00 Buena Vista Services Appraisal Services-Holmes Property 13922 $308.50 Del Rey Building Maintenance Janitorial Supplies-AO 13923 $261.20 Chuck Hangen Conservation Fund Central Coast Invasive Weeds Training 13924 $245.00 Joan Donath Reimbursement-Slender False Brome Treatment 13925 $230.45 Redwood Trading Post Uniform Expenses 13926 $227.79 Grainger Respirator Supplies 13927 $221.72 McKowan, Paul Reimbursement-Volunteer Supplies 13928 $210.00 Steve Peterson Reimbursement-Slender False Brome Treatment 13929 $209.29 California Water Service Company Water Service-AO&Windy Hill 13930 $177,34 G&K Services Shop Towel Service-SFO&FFO 13931 $175.00 Michael Rosenthal Reimbursement-Slender False Brome Treatment 13932 $174.80 Dolan, Brendan Reimbursement-Uniform Expense 13933 $128.90 Cartridge World Printer Cartridges 13934 $119.00 Coastal Sierra Internet Service-SFO 13935 $110.86 United Rentals Northwest Equipment Rental-Trencher For FFO Shed Electrical Line 13936 $102.70 Fed Ex Shipping Charges 13937 $78.71 Sunnyvale Ford Oil Change&Battery Filter For District Vehicle 13938 $76.00 Dahl's Equipment Rental Equipment Rental-Paint Sprayer For AO Air Ducts 13939 $73.15 The Motor Cafe Battery For Patrol Motorcycle 13940 $55.00 Protection One Fire Inspection&Monitoring-AO Page 1 of 2 Claims No. 10-22 Meeting 10-30 Date 11/10/10 Midpeninsula Regional Open Space District # Amount Name Description 13941 $50.00 Santa Clara County Clerk Recorders CEQA Notice Of Exemption Fee For Holmes Property Office 13942 $38,97 Life Assist First Aid Supplies 13943 $32.40 Conoco Phillips Fuel 13944 $23.87 Barron Park Supply Plumbing Supplies-RSA 13945 $15.00 Tires On The Go Tire Repair 13946 $7.95 O'Reilly Auto Parts Field Supplies Total $2,536,388.96 *1 Urgent check issued 10/28110 In the event agenda item is not approved,this claim will not be processed Page 2 of 2 Claims No. 10-22 Meeting 10-30 Date 11/10/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 13897 $2,495,000.00 ## Old Republic Title Company Land Acquisition-Holmes Property 13898 $5,143.65 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 13899 $3,797.50 Macro Corporation Project Management Services-Implementation Of District's New Radio System 13900 $2,980.00 Old Republic Title Company Title&Escrow Fees-Bergman Property 13901 $2,803.25 State Water Resources Control Board Oversight Costs At Driscoll Ranch 13902 $2,783.40 Priority 1 Public Safety Equipment Outfit Patrol Truck With Code 3 Equipment&Patrol Truck Spotlight Repair 13903 $1,998.18 Pine Cone Lumber Welded Wire&Stakes-Skyline Ridge Tree Farm Project 13904 $1,992.50 Timothy C. Best,CEG Road&Trail Inventory And Assessment-Trail Reroute Project At Fremont Older 13905 $1,989.58 Office Depot Office Supplies/Calendars/Envelopes/Binders/Break Room Supplies/Labels/Batteries/Copy Paper 13906 $1,577,16 Sol's Mobile Service Vehicle Repairs&Service 13907 $1,470.00 Hazard Management Services Skyline Ridge Dust Sampling 13908 $1,351.57 Peterson Tractor Mini Excavator Repairs 13909 $1,330.00 Ray Weikal Reimbursement-Slender False Brome Treatment 13910 $1,251.00 Redwood General Tire Company Tires 13911 $1,120.04 The Ferguson Group Legislative Consultant-Lobbyist For Mt, Umunhum 13912 $968.27 '1 U.S. Postmaster Postage For Mt. Umunhum Special Public Meeting Postcard 13913 $865.02 CMK Automotive Vehicle Maintenance&Repairs 13914 $832.19 Ergo Works Ergonomic Equipment 13915 $763.23 Staples Office Supplies/Breakroom Supplies/Binders/Notepads 1 File Folders For Clerk's Office/Label Maker 13916 $735.00 Bobbin Teegarden Reimbursement-Slender False Brome Treatment 13917 $665.00 Misha Merrill Reimbursement-Slender False Brome Treatment 13918 $445.00 Kim Hamrick Reimbursement-Slender False Brome Treatment 13919 $432.00 Liebert Cassidy Whitmore Legal Services-Personnel 13920 $391.82 Overhead Door Company Of Santa Repair&Service Of Shop Roll Doors At FFO Clara 13921 $350.00 Buena Vista Services Appraisal Services-Holmes Property 13922 $308.50 Del Rey Building Maintenance Janitorial Supplies-AO 13923 $261.20 Chuck Hangen Conservation Fund Central Coast Invasive Weeds Training 13924 $245.00 Joan Donath Reimbursement-Slender False Brome Treatment 13925 $230.45 Redwood Trading Post Uniform Expenses 13926 $227.79 Grainger Respirator Supplies 13927 $221.72 McKowan, Paul Reimbursement-Volunteer Supplies 13928 $210,00 Steve Peterson Reimbursement-Slender False Brome Treatment 13929 $209.29 California Water Service Company Water Service-AO&Windy Hill 13930 $177.34 G&K Services Shop Towel Service-SFO&FFO 13931 $175.00 Michael Rosenthal Reimbursement-Slender False Brome Treatment 13932 $174.80 Dolan, Brendan Reimbursement-Uniform Expense 13933 $128.90 Cartridge World Printer Cartridges 13934 $119.00 Coastal Sierra Internet Service-SFO 13935 $110.86 United Rentals Northwest Equipment Rental-Trencher For FFO Shed Electrical Line 13936 $102.70 FedEx Shipping Charges 13937 $78.71 Sunnyvale Ford Oil Change&Battery Filter For District Vehicle 13938 $76.00 Dahl's Equipment Rental Equipment Rental-Paint Sprayer For AO Air Ducts 13939 $73.15 The Motor Cafe Battery For Patrol Motorcycle 13940 $55.00 Protection One Fire Inspection&Monitoring-AO Page 1 of 2 Claims No. 10-22 Meeting 10-30 Date 11/10/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 13941 $50.00 Santa Clara County Clerk Recorders CEQA Notice Of Exemption Fee For Holmes Property Office 13942 $38.97 Life Assist First Aid Supplies 13943 $32.40 Conoco Phillips Fuel 13944 $23.87 Barron Park Supply Plumbing Supplies-RSA 13945 $15.00 Tires On The Go Tire Repair 13946 $7.95 O'Reilly Auto Parts Field Supplies 13947 R $3,724.44 Home Depot Field Supplies/Supplies For Equipment Shed At FFO/Light Fixture&Ballasts For SFO/Thornewood Trail Project Supplies/ Rental Residence Supplies For Deck&Foundation Repairs/FFO Septic Tank Treatment/Bridal Trail Puncheon Supplies 13948 R $3,646.47 Sol's Mobile Service Vehicle Repairs&Service 13949 R $3,300.74 Gardenland Power Equipment Field Supplies/Pole Pruner/Two Chainsaw's/Mufflers/Air Filters/SFO Shop Supplies 13950 R $2,238.85 CMK Automotive Vehicle Maintenance&Repair 13951 R $1,840,00 Department Of Industrial Relations Interest Based Bargaining Training 13952 R $1,829.00 Patsons Media Group Trail Brochures For Skyline Ridge&Pulgas Ridge 13953 R $955.12 Silverman,Joel Reimbursement-Cal-Invasive Plant Council Conference Expenses 13954 R $601.80 United Site Services Sanitation Services-Fremont Older, Sierra Azul&Bridle Trail Event 13955 R $470.11 San Jose Water Company Water Service-RSA 13956 R $458.56 Cascade Fire Equipment Company Fire Gear 13957 R $432.76 Costco Field Supplies/Camera For FFO General Use 13958 R $366.09 Recology South Bay Garbage Service-FFO 13959 R $349.98 Goodco Press Printing Services-Warning Notices 13960 R $248.33 Priority 1 Repair Code Three Lights On Patrol Vehicle 13961 R $246.00 Santa Clara County Sheriffs Office Fingerprinting Services For Volunteers 13962 R $238.68 Orchard Supply Hardware Field Supplies/Paint For Various Projects/Supplies For Thornewood Trail Project 13963 R $151.86 Reed&Graham Erosion Control Supplies For Road Work At Bear Creek Redwoods 13964 R $48.74 Los Altos Hardware Field Supplies 13965 R $19.71 United Parcel Service Parcel Shipping Total $2,557,556.20 '1 Urgent check issued 10/28/10 ## In the event agenda item is not approved,this claim will not be processed i Page 2 of 2 i I Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors I Date: November 5, 2010 Re: Written Communications DRAFT RESPONSE PREPARED BY STAFF -11, ! OAPr) CONSIDERATION November 10, 2010 Ron and Carol Fahy 2250 Purisima Creek Road Half Moon Bay, CA 94019 Dear Mr. and Mrs. Fahy Thank you for your correspondence dated October 22, 2010, regarding the October 27h Board iiiecting. You expressed concern that a Board will be discussing an item regarding the Lohl Los Ridge Grazing Plan and that because the Agenda Item concerns an area on Coast. yore requested that the Board meeting be held on the coastside to allow coastal nei(,1ii)oi-.s to attend the meeting. I wanted to let you know that at the October 27 1h meeting, the Board deferred the Agenda Item and will be heard by the Board on November 10 th at the Coastside Fire Protection District Station 40, 1191 Main Street, Half Moon Bay. I understand that the District's Real Property Manager, Mike Williams, contacted you to discuss your concerns and that your neighbor Sarah Filice subsequently notified you and the Purisima Creek neighbors of as well. In addition,the Purisima Creek Road parking concerns will also be discussed at the November I oth meeting. Thant_ .\,()t i for your continued interest in the District. Please let me know if you have any questions. Sincerely, Larry i I Board President Friday October 22nd 2010 TO: MROSD Board of Directors & District Clerk. C/O: vgou@openspace.org FROM : Ron & Carol Fahy 2550 Purisima Creek Road, Half Moon bay, Ca. 94019 650 — 726 — 2209 ronfahy@hughes.net cfahy@hughes.net 40 year Purisima Canyon property owners & concerned residents. Dear Board Members & Clerk : I here with formally submit my request for the consideration of relocation of your October 27t" Meeting from Los Altos to a location, pursuant to your own policies " in the costal annexation area". In the interest of common sense & transparency to all neighboring affected parties. There Ire several nearby locations which can be made available. Thank you for considering this request. RON �§ CAROL_ f hKY DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION November 10, 2010 Sarah Filice 2209 Purissima Creek Rd Half Moon Bay, CA 94019 Dear Ms. Filice Thank you for your e-mail dated October 22, 2010, regarding the October 27 th Board meeting. In your e-mail, you expressed concern that a Board will be discussing an item regarding the Lobitos Ridge Grazing Plan and that because the Agenda Item concerns an area on Coast, you requested that the Board meeting be held on the coastside to allow coastal neighbors to attend the meeting. I wanted to let you know that at the October 27 1h meeting, the Board deferred the Agenda Item and will be heard by the Board on November I 01h at the Coastside Fire Protection District Station 40, 1191 Main Street, Half Moon Bay. I understand that the District's Real Property Manager, Mike Williams, notified you of the change and that you notified the I'L11-1slina Creek neighbors of this change as well. In addition, the Purisima Creek Road parking concerns will also be discussed at the November I oth meeting. Thank you for your continued interest in the District. Please let me know if you have any questions. Sincerely, Larry I kr,,sett, Board President Anna Duong From: sarahfilice@ix.netcom.com Sent: Friday, October 22, 2010 11:23 AM To: BOARD; Clerk; Vicky Gou; General Information Subject: 10/22/2010-sarahfilice@ix.netcom.com -Contact Board First Name: Saraii Last Name: Filic- Email Address : ,irahfilice@ix.netcom.com Ward / Location: 2209 Purissima Creek Road, HMB Comments: To the BOD and District Clerk. . .It has come to our attention that the upcoming Public Meeting to dd---.,s the lease/rangeland management plan to the two recently purchased properties along Purissima Creek Road will be held at the District office in Los Altos and not at a coastside location. This deeply concerns us and many of our neighbors, because it will be difficult or impossible for many of them to attend the upcoming meeting on October 27th. I have been asked to request that the meeting be moved to a coastside location. I wish to point out the conditions of LAFCO's approval of MROSD Sphere Amendment and Annexation Application Condition 5, item 6 states: "Because each land use management plan, policy update, acquisition project and significant capital improvement project is subject to full review by the District Board (page 23 of service plan) , meetings of the .)istrict Board and/or subcommittees on such matters concerning Coastside annexation area territory shall be held in the coastal annexation area. " This same wording is used again in Condition 8. 1 assume this language was incorporated to insure a good neighbor —,' icy. I am sure you will do the right thing and change the location of the meeting back to where it should rightfully be. . .in fact it was a coastside location that the previous messing was to be held before it was canceled. Thank you for your assistance in this matter-. . . Sarah Filice (a concerned owner/resident on Purissima Creek Road) From: Geode Clifford Sent: Friday, October 08, 2010 2:13 PM To: info openspace.ora Cc: Paul Nyberg aol.com ; bruceb latc.com Subject: San Antonio OSP Wildlife Corridor to Byrne Preserve to: Midpeninsula Regional Open Space District Board of Directors cc: Los Altos Town Crier A wildlife corridor now connects San Antonio Open Space Preserve with Los Altos Hills' Byrne Preserve. This corridor crosses Hidden Villa, Moody Road and two conservation easements. Other than crossing Moody Road, this provides an unimpeded connection between the two preserves for larger animals, such as deer, coyotes, bobcats, and even an occasional mountain lion. Because of a deer-proof fence surrounding Hidden Villa's lower farm along Moody Road, the corridor across the field area is limited to a narrow stretch around the eastern end of the field. Unfortunately, Hidden Villa has decided to lease this corridor to Heifer International for a "Global Village". The planned welcome center, access road and parking lot will effectively obstruct the wildlife corridor. I have written a short description using satellite images to show the problem more clearly. Please take a moment to look at it. I am concerned that if this plan is allowed to go forward, we will isolate Byrne Preserve from the larger San Antonio Preserve, which is so close. I urge the Board to persuade the County Planning Commission and Supervisors to deny Heifer's application to proceed with this project. George Clifford 26789 Tanglewood Lane Los Altos Hills Moody Road Wildlife Corridor Heifer International's proposed Global Village would obstruct the existing wildlife corridor that connects Byrne Preserve and Rancho San Antonio Open Space Preserve. located between the two reserves: This corridor passes through four propertiesp • 26789 Tanglewood Lane (adjacent to Byrne Preserve) • 26707 Tanglewood Lane (across Moody Road from the proposed Global lid Village entrance) • Hidden Villa • Murietta Ridge Preserve The Tanglewood properties have conservation easements along the north side of Moody Road that connect to Byrne Preserve to accommodate animal passage. Directly across Moody Road from these easements, the corridor passes across Hidden Villa's field and up the heavily wooded hillside to Murietta Ridge Preserve and Rancho San Antonio Open Space Preserve. The deer- proof fence erected around the Community Supported Agriculture (CSA) field restricts the passage of larger animals to using the area east of this field. This is the location that Heifer International proposes to put their welcome center, parking lot, and access road. It will disrupt this major wildlife corridor. fee so 0 WILDLIFE CORRIDOR rw Ilk 1p 1 ✓6x r n /� ^u+ChWD�ltoo Ic Ll ,.ram�� .`�}. � '"�r w�° :A:t s'����„ 4, ."-' - ,•,,,� F R11 i'P'yiC'��+ r�"'_�6 r� +� r of - iwr�� x"' •..s�.:.�, v•¢-- 1______________.._ MURIETTA RIDGE 1 PRESERVE ________ ___ .._- r p pA t RANCHO SAN ANTONIO 40 x• a- '`` OPEN SPACE PRESERVE 1 1 su. 'I'AW WILDLIFE CORRIDOR r CIO. f�r �rt S�A �D"JtF�L ••�• 4. t 9 r G -14y Figure 3 shows the well-worn animal trails east of the CSA farm. The fencing used to protect the farm's crops forces larger animals around the field into this narrow corridor. The proposed welcome center, parking area, and access road will effectively block this passageway. VI n �l /• 4 4 p x Figure 3 George Clifford 10/1/2010 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION November 10, 2010 Charles Castrovinci E-Mail: zchuckc(pa ,gmail.co Dear Mr. Castrovinci, Thank you for your correspondence dated October 13, 2010, requesting time on the November 10, 2010 agenda to give an informational presentation regarding a Veteran's (Community) Outreach program. Per your phone conversation with General Manager Steve Abbors, the process to have an item placed on the agenda is to speak during the "Oral Communications" section of the Board meeting and have the Board hear your presentation. If the Board feels your proposal is consistent with the District's mission and decides to look into it further, it will then be assigned to a Board Committee where District staff and the Board can discuss what it would take to implement the proposal. Standing Committee meetings are open to the public and, should your proposal be assigned to committee, you are welcome to attend as the Board would be interested in your perspective. I would like to thank you for your interest in the District. If you have any questions, please contact Mr. Abbors at 650-691-1200. Sincerely, Larry Hassett, President cc: Board of Directors MIDPENSINULA OPEN SPACE DISTRICT ATTN: BOARD OF DIRECTORS October 13, 2010 CHARLES CASTROVINCI (408) 679-5569 zchuckc a*gmail.com SUBJECT: REQUESTING TIME DURING REGULAR MEETING NovEMB ER 109 2010 ESTIMATED 15 MINUTES) TO PROVIDE THE BOARD OF DIRECTORS WITH AN INFORMATIONAL PRESENTATION REGARDING VETERAN'S (COMMUNITY) OUTREACH PROGRAM PLEASE CONFIRM THIS REQUEST WITH CHA:RLES CASTROVINCI AT THE MEETING TONIGHT OR BY email at zchuckc(2a mail.com . THANK YOU FOR YOUR CONSIDERATION. AN OUTLINE FOR THIS PRESENTION WAS PROVIDED TO RUDY JERGENS ON i • ' IMidpeninsula Regional Open Space District R-10-131 Meeting 10-30 November 10, 2010 AGENDA ITEM 4 AGENDA ITEM Calling of Special Board Meeting for November 18, 2010 GENERAL MANAGER'S RECOMMENDATION Call a Special Board Meeting on November 18, 2010, to invite the public to review and comment on a preferred alternative for public access on Mount Umunhum. DISCUSSION On September 30, 2010, the Board held an informational public workshop to gather input from the public (See Report R-10-97) on the site planning project for Mount Umunhum. Staff has compiled public input from that meeting. As part of the site planning process, the California Environmental Quality Act(CEQA)requires environmental review of a preferred alternative and a range of other alternatives. Staff is working with the Sierra Azul/Bear Creek Redwoods Ad Hoc Committee to develop a preferred alternative so that the required environmental review process can begin. The preferred alternative, once tentatively approved by the Board of Directors, will become the project description to be analyzed under CEQA. It will provide the starting point to assess the potential for significant environmental effects which may result from the preferred alternative and a range of other alternatives. The draft environmental document is anticipated to be released for further public comment in early 2011. Because the Mount Umunhurn project is a significant project for the District and due to the number of interested parties desiring to participate in the public comment process, the General Manager recommends that a public Board of Directors meeting be held to invite the public to review and comment on the preferred alternative in advance of consideration of tentative adoption by the Board of Directors at their Special Meeting on December 9. The open house is scheduled for November 18, 2010, from 4:00 p.m. to 9:00 p.m. at the District's Administrative Office located at 330 Distel Circle, Los Altos, California. FISCAL IMPACT There are no unbudgeted fiscal impacts from calling a Special Meeting of the Board of the Directors. it-10-121 Page 2 PUBLIC NOTICE Public notice was provided as required by the Brown Act. In addition,broad public notice was provided to over 4,600 postcard recipients and 390 email recipients for this meeting and the Special Meeting of December 9. . CEQA COMPLIANCE This is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEP If approved by the Board, the next step would be to notice the Special Meeting in compliance with the Brown Act. Prepared by: Michelle Radcliffe, District Clerk Contact person: Same as above i Midpeninsula Regional ' Open Space District r � R-10-118 Meeting 10-31 November 10, 2010 AGENDA ITEM 5 AGENDA ITEM Appointment of Unopposed Candidates in Wards 1, 5, and 6; Approval of Certificates of Appointment; and Administration of the Oaths of Office GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolutions appointing unopposed candidate Peter W. Siemens Ward 1 pp g candidate Nonette G. Hanko, Ward 5; and candidate Larry R. Hassett, Ward 6; each to a four-year term respectively as Ward 1, Ward 5, and Ward 6 Directors; 2. Approve Certificates of Appointment; and 3. Administer the Oaths of Office to appointed Directors. DISCUSSION Section 5532(e) of the District's enabling legislation states in part that the Board of Directors shall appoint unopposed candidates who have been nominated. Section 5532(e) specifies that the Board of Directors shall make the appointment and that the person appointed shall qualify and take office and serve exactly as if elected for office. Peter W. Siemens of Los Gatos is the unopposed candidate nominated for the position of Director in Ward 1. Nonette G. Hanko of Palo Alto is the unopposed candidate nominated for the position of Director in Ward 5. Larry R. Hassett of La Honda is the unopposed candidate nominated for the position of Director in Ward 6. R-10-1.18 Page 2 4. In accordance with the provisions of Section 5532(f) and (g) of the District's enabling legislation, certificates of election shall be issued, and the Oath of Office shall be administered within 30 days of the appointment, and at least 15 days before the start of the term. Directors' terms will begin on January 3, 2011. FISCAL IMPACTS There are no fiscal impacts associated with this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If the Board approves appointment of unopposed candidates to Wards 1, 5 and 6, the District Clerk will administer the Oath of Office, issue certificates of appointment, and each appointed Director will take office on January 3, 2011, and serve as if elected at the November 2, 2010 general district election. Attachments: Resolution Appointing Director in Ward 1 Resolution Appointing Director in Ward 5 Resolution Appointing Director in Ward 6 Certificate of Appointment and Oath of Office for Ward 1 Certificate of Appointment and Oath of Office for Ward 5 Certificate of Appointment and Oath of Office for Ward 6 Prepared by: Michelle Radcliffe, District Clerk Contact Person: Same as above RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR—WARD I OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director—Ward I of the Midpeninsula Regional Open Space District was scheduled to be held on November 2, 2010; and WHEREAS, at five o'clock p.m. on the 83d day prior to the date of said election only one person had been nominated for the position to be filled at that election; and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, Peter W. Siemens was unopposed as a candidate for Director— Ward 1. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, PETER W. SIEMENS Is appointed Director—Ward I of said District, is duly qualified for the office of Director —Ward I of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 2, 2010 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this I Wh day of November, 2010, by the following vote: RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR—WARD 5 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director—Ward 5 of the Midpeninsula Regional Open Space District was scheduled to be held on November 2, 2010; and WHEREAS, at five o'clock p.m. on the 831h day prior to the date of said election only one person had been nominated for the position to be filled at that election; and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, Nonette G. Hanko was unopposed as a candidate for Director— Ward 5. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, NONETTE G. HANKO Is appointed Director—Ward 5 of said District, is duly qualified for the office of Director —Ward 5 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 2, 2010 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this I 01h day of November, 2010,by the following vote: RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR—WARD 6 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director—Ward 6 of the Midpeninsula Regional Open Space District was scheduled to be held on November 2, 2010; and WHEREAS, at five o'clock p.m. on the 831h day prior to the date of said election only one person had been nominated for the position to be filled at that election; and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, Larry R. Hassett was unopposed as a candidate for Director— Ward 6. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, LARRY R. HASSETT Is appointed Director—Ward 6 of said District, is duly qualified for the office of Director —Ward 6 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 2, 2010 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this 10`' day of November, 2010, by the following vote: Midpeninsula Regional Open Space District CERTIFICATE OF APPOINTMENT AND OATH OF OFFICE STATE OF CALIFORNIA ) ) SS: COUNTY OF SANTA CLARA ) I, MICHELLE RADCLIFFE, District Clerk of the Midpeninsula Regional Open Space District, do hereby certify that on the le day of November, 2010, Peter W. Siemens was duly appointed by the Board of Directors of the Midpeninsula Regional Open Space District, to the office of Member, Board of Directors— Ward I to a term which expires January S, 2014, as appears in the Minutes of the Board of Directors, now on file in my office. IN WITNESS WHEREOF, I hereunto affix my hand and the seal of said District, this day of , 2010. MICHELLE RADCLIFFE, DISTRICT CLERK By: STATE OF CALIFORNIA ) ) SS: COUNTY OF SANTA CLARA ) I, Peter W. Siemens, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Signature Member, Board of Directors— Ward 1 Title The above oath was taken and subscribed to before me this day of 92010. MICHELLE RADCLIFFE, DISTRICT CLERK By: Midpeninsula Regional ' Open Space District CERTIFICATE OF APPOINTMENT AND OATH OF OFFICE STATE OF CALIFORNIA ) SS: COUNTY OF SANTA CLARA ) I, MICHELLE RADCLIFFE, District Clerk of the Midpeninsula Regional Open. Space District, do hereby certify that on the le day of November, 2010, Nonette G. Hanko was duly appointed i by the Board of Directors of the Midpeninsula Regional Open Space District, to the office of Member, Board of Directors — Ward S to a term which expires January 5, 2014, as appears in the Minutes of the Board of Directors, now on file in my office. IN WITNESS WHEREOF, I hereunto affix my hand and the seal of said District, this day of , 2010. MICHELLE RADCLIFFE DISTRICT CLERK By: STATE OF CALIFORNIA ) SS: COUNTY OF SANTA CLARA ) 1, Nonette G. Hanko, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Signature Member, Board of Directors— Ward S Title The above oath was taken and subscribed to before me this day of 12010. MICHELLE RADCLIFFE, DISTRICT CLERK By: Midpeninsula Regional • ' Open Space District i y CERTIFICATE OF APPOINTMENT AND OATH OF OFFICE STATE OF CALIFORNIA ) ) SS: COUNTY OF SANTA CLARA ) I, MICHELLE RADCLIFFE, District Clerk of the Midpeninsula Regional Open Space District, do hereby certify that on the le day of November, 2010, Larry R. Hassett was duly appointed by the Board of Directors of the Midpeninsula Regional Open Space District, to the office of Member, Board of Directors — Ward 6 to a term which expires January S, 2014, as appears in the Minutes of the Board of Directors, now on file in my office. IN WITNESS WHEREOF, I hereunto affix my hand and the seal of said District, this day of 12010. MICHELLE RADCLIFFE, DISTRICT CLERK By: STATE OF CALIFORNIA ) ) SS: COUNTY OF SANTA CLARA ) I,Larry R. Hassett, do solemnly swear(or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Signature Member, Board of Directors— Ward 6 Title The above oath was taken and subscribed to before me this day of , 2010. MICHELLE RADCLIFFE, DISTRICT CLERK By: i P Midpeninsula Regional • ' Open Space District I R-10-108 Meeting 10-30 November 10, 2010 AGENDA ITEM 6 AGENDA ITEM Informa tional Presentation on the Bay Area Critical Linkages Project GENERAL MANAGER'S RECOMMENDATION Receive a presentation on the Bay Area Critical Linkages Project. SUMMARY The Bay Area Critical Linkages Project (Project) is a collaborative effort that engages scientists, land managers, planners, and other conservation organizations to develop and implement a Regional Connectivity Plan for the San Francisco Bay Region. The Regional Connectivity Plan (Plan) will propose a linkage design that identifies critical habitat linkages between existing protected open spa ce lands. The Plan will include a set of recommendations to mitigate barriers, restore habitats, and manage the linkages, all of which will provide Midpeninsula Regional Open Space District (District) and other land management entities with tools to inform land acquisition and resource management decisions. The ultimate goal of this project is to translate the vision of a connected landscape into land-saving actions. The District is collaborating and supporting this research through the Resource Management Grant Program. DISCUSSION During the Ba Area Open Space Councils Council development of the Upland Habitat Goals Dur g Y p P (Council) p Project to identify a network of conservation lands for biodiversity preservation, the need for a became clear. The Bay Area Critical Linkages Project is analysis bec J detailed linkage y y g g complementing the Upland Habitat Goals Project by fine tuning the conservation land network with a Linkage Conservation Plan to ensure functional habitat connectivity at a regional scale through the identification of focal species linkages within the San Francisco Bay Area ecoregion. In order to implement the Linkage Conservation Plan, the Project formed a Linkage Implementation Committee composed of regional leaders, including the District, to develop strategies and solutions to turn the Plan into a reality. i This project is led by Science and Collaboration for Connected Wildlands (SC Wildlands), a non-profit organization dedicated to ensuring functional habitat connectivity across diverse wildland networks. SC Wildlands has worked on similar conservation planning projects R-10-108 Page 2 throughout California, including the state-wide California Essential Habitat Connectivity Project, and was recently recognized with the 2009 Focused Issue Planning Award for the South Coast Missing Linkages Project in Southern California. Kristeen Penrod, Conservation Director of SC Wildlands, will provide background information on the project, present the status of work completed to date, and provide information on future steps. FISCAL IMPACT There is no fiscal impact associated with this presentation. The District awarded $9,500 to the project in FY2009-1 0. The District anticipates providing an additional $20,500 of funding through FY2012-13, if approved. Of these amounts, $25,000 is through the District's Resource Management Grant Program and $10,000 through the General Manager's discretionary fund. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This item is a research project and therefore not a project subject to the California Environmental Quality Act. NEXT STEPS Staff will provide the Board with periodic updates on the status of the research. Prepared by: Galli Basson, Planning Technician Contact person: Same as above R-10-108 Page 2 throughout California,including the state-wide California Essential Habitat Connectivity Project, and was recently recognized with the 2009 Focused Issue Planning Award for the South Coast Missing Linkages Project in Southern California. Kristeen Penrod,Conservation Director of SC Wildlands,will provide background information on the project,present the status of work completed to date,and provide information on future steps. FISCAL IMPACT There is no fiscal impact associated with this presentation. The District awarded$9,500 to the project in FY2009-10. The District anticipates providing an additional$20,500 of funding through FY2012-13, if approved. Of these amounts,$15,000 is through the District's_Resource Deleted:2 Management Grant Program and$155000 through the General Manager's discretionary fund. __ -- Deleted:o PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This item is a research project and therefore not a project subject to the California Environmental Quality Act. NEXT STEPS Staff will provide the Board with periodic updates on the status of the research. Prepared by: Galli Basson,Planning Technician Contact person: Same as above Midpeninsula Regional ' Open Space District R-10-99 Meeting 10-30 November 10, 2010 AGENDA ITEM 7 AG ENDA ITEM Authorization to Amend the Preliminary Use and Management Plans for Lobitos Ridge and u ry g g Elkus Ranch Uplands Additions to the Purisima Creek Redwoods Open Space Preserve to Incorporate a Rangeland Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit; and Authorization to Approve a Proposed Negative Declaration and Grazing Lease for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit GENERAL MANAGER'S RECOMMENDATIONS i 1. Adopt an Amendment to the Preliminary Use and Management Plan for the Lobitos Ridge and Elkus Ranch Uplands additions to the Purisima Creek Open Space Preserve to incorporate a Rangeland Management Plan. I 2. Approve the Proposed Negative Declaration in accordance with the California Environmental Quality Act(CEQA) as set out in this Report and adopt the findings set out in the attached Resolution. 3. Adopt the attached Resolution authorizing the General Manager to execute a five-year grazing lease to Vince Fontana for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit on the terms and conditions set forth in the attached Grazing Lease. SUMMARY In August 2009 and March 2010 respectively, the District purchased the former University of California(UC) Elkus Ranch Uplands and Peninsula Open Space Trust(POST) Lobitos Ridge properties. At the time of purchase, the District assumed existing grazing leases with the intent of continuing grazing on both properties with the current tenant, Vince Fontana. Staff recommends continuing cattle grazing on both properties with Vince Fontana as the lessee and has created a District grazing lease and a comprehensive Rangeland Management Plan in keeping with the District's Service Plan to preserve existing and potential agricultural operations. The Rangeland Management Plan has been reviewed by both the County of San Mateo Farm Bureau and Agricultural Advisory Committee. This report outlines the objectives of a ten-year Rangeland Management Plan and the terms and conditions of a five-year District grazing lease with an option to extend the term for an additional five years. i i it I i R-10-99 Page 2 DISCUSSION The District purchased the UC Elkus Ranch Uplands property and POST Lobitos Ridge property in August 2009 and March 2010, respectively. The District Board of Directors adopted a Preliminary Use and Management Plan for both of these additions to the District's open space preserve system. Both properties were leased to a local grazing operator, Vince Fontana, on a month-to-month basis for cattle grazing. These grazing leases were assigned to the District at the time of purchase. Under the terms of the existing leases, Mr. Fontana has been running a year- round cow-calf operation on approximately 790 acres of grassland and shrub land areas suitable for cattle grazing(referred to in this report as the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit) (Attachment 1). For the District to maintain uninterrupted grazing on these properties following the principles of`conservation grazing', implementation of a Rangeland Management Plan (Attachment 2) and District grazing lease(Attachment 4) is required. This report outlines the objectives of a ten-year Rangeland Management Plan and the terms and conditions of a five- year District grazing lease with an option to extend the term for an additional five years. Rangeland Management Plan The Rangeland Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit has four main objectives. The first objective is to maintain uninterrupted grazing on the property following the principles of`conservation grazing'. The existing tenant will continue to graze the properties with a maximum estimated 300-350 Animal Unit Months(AUMs) on Elkus and 230- 270 AUMs on Lobitos Ridge typically from December to August. Mr. Fontana will have the option of grazing throughout the remainder of the summer if ample livestock water and forage are available without negatively impacting habitat value or water quality. The District performance standards for residual dry matter(RDM) are the same standards set forth by the US Department of Agriculture Natural Resources Conservation Service(MRCS) to enhance the habitat value of the grasslands while reducing the fire fuel load. The second objective is to control non-native, invasive plants species on the properties. The District will work closely with a certified pest control advisor and the tenant and/or contractor to identify,map, and treat infestations on the property. There are minor infestations of milk thistle, bull thistle, and poison hemlock on the properties. Additionally, coyote brush encroachment into grasslands is reducing the grassland habitat. Specific brush encroachment zones have been i identified and will be treated to preserve the integrity of the grasslands. The third objective is to protect and enhance riparian and aquatic habitat on the properties. Lobitos Creek borders the Elkus Ranch Uplands to the south and there are six ponds on these p properties. Cattle have been fenced out of Lobitos Creek with limited access when the tenant moves livestock from one side of the stream to the other. Five of the stock ponds on the property are seasonal and one pond holds water year around. The District plans to maintain these ponds to increase habitat value and maximize water holding capacity for livestock and wildlife water. Pond management tools and associated best management practices will be applied during pond maintenance and an attachment outlining these tools and practices is included in the plan. R-10-99 Page 3 The fourth objective is to develop or improve ranch infrastructure on the property to enhance the i value. The District will ease and benefit of the livestock operation ration and improve wildlife habitat e p p work with the current tenant and/or contractor to repair and strengthen the perimeter fencing and possibly add new fencing along the Elkus Ranch Uplands and UC Elkus Camp. The corral facility that services these properties is located on a neighboring property,but the option of developing a corral on the properties will be evaluated. Additionally, drinking water for livestock is limited on the property during summer months and plans for installing additional water troughs and pond maintenance work will be implemented, where feasible. Coastside Protection Program Process Both of these properties are located within the Coastside Protection Area. The San Mateo County coastal annexation process, the District's Service Plan for the Coastside Protection Area and subsequent conditions approved by the San Mateo County Local Area Formation Commission(LAFCo)established a number of policies and procedures for implementing the District's Coastside Protection Program. The Program now guides the District's purchase, use, and management of open space land within the Coastside Protection Area. The Program requires consultation with interested public agencies, officials, organizations, and community interest groups to solicit input into the decision-making and planning process prior to the Board's consideration of significant decisions regarding use or improvements on District-owned lands within the Coastside Protection Area. To comply with the District's Service Plan for the Coastside Protection Area, the Rangeland Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit has been considered and discussed at the San Mateo County Farm Bureau at its June 71h meeting and at the San Mateo County Agricultural ltural Advisory Committee on July 12th Both th organizations support the Rangeland Management Plan AMENDMENT TO PRELIMINARY USE AND MANAGEMENT PLAN The project consists of amending the District's Preliminary Use and Management Plan for the Lobitos Ridge and Elkus Ranch Uplands additions to Purisima Creek Open Space Preserve to allow for the continuation of cattle grazing under specific prescriptions and range management practices set forth in the Rangeland Management Plan, by award of a five-year lease to the current grazing tenant. CEQA COMPLIANCE Project Description The proposed project consists of implementation of a ten-year Rangeland Management Plan (Plan) for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit, which encompass 790 acres between Purisima and Lobitos Creeks in coastal San Mateo County, California. The properties were recently acquired by the District and are within the Coastside Protection Area, an area that was annexed into District boundaries in 2004. Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for decades, originally dry-land farmed for grains and I i R-10-99 Page 4 more recently utilized as rangeland for a grazing operation. The approximately 250 acres of annual grass rangeland on the two properties has been continually grazed during the spring and summer months for at least 15 years. The properties provide valuable, regionally-limited habitat for both common and special-status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy(Steelhead migration from the Pacific Ocean) in wet years. California red-legged frogs occur in the creeks and their tributaries, and four stock ponds provide potential breeding habitat for this species. Finally, grasslands, although heavily dominated by introduced pasture grasses, are relatively weed-free and can potentially be managed to increase their native component. The goal of rangeland management on the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit is to preserve,protect, and enhance the biotic values of the properties, while continuing to utilize the land as an agricultural resource. The Rangeland Management Plan ensures progress towards this goal through the following objectives: 1) Maintain grazing following the principles of resource conservation grazing; 2) Control invasive plant species and agricultural weeds; 3) Protect sensitive riparian and aquatic habitats; and 4) Improve water infrastructure for livestock use and wildlife habitat. Under the Rangeland Management Plan, cattle would continue to be stocked by a grazing tenant and manager from approximately November/December(range preparedness) through August (forage decay) at a maximum density of approximately 620 AUMs. The Rangeland Management Plan requires monitoring of available forage through Residual Dry Matter(RDM) performance standards to determine the length of the grazing season. Cattle may remain on the property through fall to attain desired RDM levels,provided sufficient, off-stream livestock water is available. Further habitat protection and enhancement measures required by the Rangeland Management Plan include fencing critical creek crossings to prevent uncontrolled livestock usage of riparian areas, an experimental pasture rotation to favor native annual plants, and enhancing livestock water availability and wildlife habitat in existing stock ponds. The Rangeland Management Plan also includes improvements to existing ranch roads including routine maintenance, culvert installation, minor vegetation clearing, and grading. The Rangeland Management Plan requires that any subsequent pond maintenance and grazing infrastructure improvement projects, as well as road projects adjacent to ponds or streams, incorporate specific prescribed Best Management Practices(BMPs) for work in or near aquatic habitats. These BMPs include habitat and species protection measures including seasonal limited operating periods,restrictions on the use of mechanized equipment, and biological monitoring. The Rangeland Management Plan also incorporates BMPs for erosion control from the District's Details and Specifications Guidelines. Federal, state, and local permits will be acquired for all major earth work projects(defined as those requiring the use of a bulldozer or excavator or resulting in cut or fill volumes of 150 cubic yards or greater). The project is being carried out pursuant to the District's Service Plan for the Coastal Protection Area located in San Mateo County. The District's Service Plan directs the District to focus its R-10-99 Page 5 in the Coastside Protection Area on the reservation and management of open ace efforts p g p p resources in order to protect watershed integrity and water quality;protect habitats for special- status species;provide visitor facilities for low-intensity recreation; and preserve existing and potential agricultural operations, among other goals. The Environmental Impact Report(EIR) for the District's Service Plan was certified by the District Board of Directors in June 2003. Mitigation Measures incorporated into the District's Service Plan pertaining to the use and management of the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit were adopted by the District Board of Directors in August 2009 and March 2010, respectively. In order to eliminate repetitive discussions of issues addressed in the EIR, this initial study and the proposed negative declaration are tiered off the EIR and focus on issues specific to this project. CEQA Findings District staff prepared an Initial Study and proposed Negative Declaration evaluating the Project. The public comment period commenced on August 3, 2010 and ended on September 2, 2010 and no comments were received. The Initial Study and proposed Negative Declaration found that a number of CEQA impact criteria do not apply to the project due to its design, scope and location. The document also found that the project either avoids impacts or minimizes them to a less-than-significant level due to the specific nature of the project or the project design. CEQA Determination Pursuant to CEQA, it is determined that 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 project's fundamentally small scale, localized nature; • 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. Staff recommends that the Board approve the attached Resolution adopting findings under CEQA determining that the proposed actions have no potential significant environmental impacts. TERMS AND CONDITIONS Retention of Current Grazing Tenant Staff recommends that the Board approve entering into a five-year grazing lease with a five-year option to extend the lease with the current grazing tenant, Vince Fontana. Mr. Fontana is a local R-10-99 Page 6 operator with years of experience and familiarity with eoastside ranching in San Mateo County and currently grazes cattle on District land along Alpine Road(fon-ner Big Dipper and Silva/ Kenyon Ranches). He has the necessary qualifications to run a grazing operation consistent with the Rangeland Management Plan and the District's resource management objectives. Further, the District's Service Plan discourages displacing current operators of agricultural lands purchased by the District provided that the operator has an interest in staying on and a willingness to work with the District in running the operation in a manner that supports the District's public use and resource management goals. Grazing Lease Terms and Conditions The lease term is for five(5) years, extendable for an additional five(5)years at the District's election, if the tenant is willing, on the terms and conditions set forth in the grazing lease. The effective date of the grazing lease will be November 1, 2010. Annual rent under the previous grazing lease assigned from the Peninsula Open Space Trust to the District was$408.33 per month or$4,899.96 per year. First year rent under the District lease will be$5,360.00 per year. It is calculated as follows: Lobitos Ridge&UC Elkus Uplands Grazing Unit- 50 AUMS for an average 8 months 400 AUMS Total Grazing Capacity=400 AUMS Per AUM Rent(market rate) adjusted= $13.89 - .49= $13.40 Rent for first lease year=400 AUM X$13.40=$5,360 Rent will be adjusted annually thereafter to reflect any changes in the authorized grazing season, grazing capacity, and fluctuations in the market price of beef cattle from year to year. Annually, the market rate for cattle is determined at sale in June and July. The District will inform the grazing tenant by July 150' of each year the per AUM rent for the subsequent lease year. Under the lease terms, the grazing tenant has the option to terminate the lease by giving written notice on August 15'h if the per AUM rent for the subsequent lease year will not enable the grazing tenant to conduct an economically viable grazing operation. In the event of such termination, the grazing tenant shall be allowed ninety (90)days following receipt of the written notice to vacate the grazing unit. If no termination notice is given by the grazing tenant, the District shall notify the grazing tenant in writing by November 15th the authorized grazing capacity, grazing season, and annual rent. Rent is paid in two payments, one in January and one in July. Rent credit for performance of work by the tenant may be granted on a case-by-case basis for improvements to the ranch infrastructure, such as repairing perimeter fencing or constructing a new fence. Rental credits may not exceed the annual rent for the grazing unit. The tenant is required to manage and operate the grazing unit according to the prescriptions and range management practices set forth in the Rangeland Management Plan. R-10-99 Page 7 BUDGET CONSIDERATIONS The annual revenue for the Lobitos Ridge/Elkus Ranch Uplands is variable and agreed to between the District and tenant annually by November 15 For this first grazing season, the rent is $5,360.00. Rental credits are expensed and variable each year. At the beginning of the grazing season, suggested rental credits are agreed to and budgeted,but as the year progresses, weather and unforeseen circumstances can change rental credit priorities. For this first grazing season,the District and tenant will agree upon a set of rental credits that will be reflected in the Mid Year budget. PUBLIC NOTICE Written notice of this item has been sent to property owners of land located adjacent to or surrounding the Preserve, as well as to Coastside public officials,community interest groups, nonprofit land trusts, conservation-oriented organizations, elected officials, government agencies, and government sponsored organizations within the Coastside Protection Area. NEXT STEPS If the Rangeland Management Plan and the District grazing lease are approved by the Board of Directors, staff will notify Mr. Fontana of Board approval of this item and subsequently enter into a five year lease. Attachments: Resolution CEQA Resolution Attachment I - Map Attachment 2 - Rangeland Management Plan Attachment 3 -Negative Declaration Attachment 4-Grazing Lease Lobitos Ridge/Elkus Ranch Uplands Grazing Unit Purisima Creek Open Space Preserve Prepared by: Elaina Cuzick, Real Property Specialist Kirk Lenington, Senior Resource Planner Clayton Koopmann, Rangeland Ecologist Contact person: Elaina Cuzick Graphics prepared by: Zachary Alexander, Planning Technician RESOLUTION NO. 10-37 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A NEGATIVE DECLARATION IN CONNECTION WITH THE LOBITOS RIDGE/ELKUS RANCH UPLANDS GRAZING UNIT RANGELAND MANAGEMENT PLAN AND AUTHORIZING THE GENERAL MANAGER TO TAKE SUCH:OTHER ACTIONS AS ARE NECESSARY TO ENABLE THE PROJECT TO BE UNDERTAKEN AND COMPLETED. I. The Board of Directors of the Midpeninsula Regional Open Space District("District") is considering authorization of a Rangeland Management Plan for the Lobitos Ridge and Elkus Ranch Uplands areas of the Purisima Creek Redwoods Open Space Preserve ("Project')and various related actions. II. An Initial Study(IS), attached to the Report,was prepared for the Project pursuant to the requirements of the California Environmental Quality Act(CEQA, Public Resources Code sections 21000 et seq.) and the CEQA Guidelines(14 Cal. Code. Regulations sections 15000 et seq.). III. The IS identified no potentially significant adverse effects on the environment from the proposed Project. IV. The IS and a notice of intent to adopt a Negative Declaration(ND)were circulated for public review from August 3, 2010 to September 2, 2010. V. On November 10, 2010,the Board of Directors conducted a duly noticed public hearing on the adequacy of the ND (including the IS) at which oral and written comments and a staff recommendation for approval of the ND were presented to the Board of Directors. The Board of Directors reviewed and considered the information in the IS and ND, administrative record, and Staff Reports for completeness and compliance with CEQA and the CEQA Guidelines. NOW,THEREFORE, BE IT RESOLVED by the Board of Directors that,based upon the Initial Study,Negative Declaration, all comments received, and all substantial evidence in light of the whole record presented, the Board of Directors finds that: 1. Notice of the availability of the Initial Study and proposed Negative Declaration and all hearings on the ND was given as required by law and the actions were conducted pursuant to California Environmental Quality Act(CEQA) and the CEQA Guidelines. 2. All interested parties desiring to comment on the proposed ND were given the opportunity to submit oral and written comments on the adequacy of the ND prior to this action by the Board of Directors and any comments raised during the public comment period and at the public hearings on the ND were responded to adequately. i 3. Prior to approving the Project that is the subject of the proposed ND,the Board considered the ND along with any comments received during the public review process. 4. The Board finds that, on the basis of the whole of the record before it, including the ND, 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 ND and determines that it reflects the District's independent judgment and analysis. 6. 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. i RESOLUTION NO. 10-36 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE GRAZING LEASE FOR THE LOBITOS RIDGE/ELKUS RANCH UPLANDS GRAZING UNIT OF THE PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve: Section One. The District may, under the provisions of Section 5540 of the Public Resources Code, lease property owned by the District, and the Board of Directors hereby finds that lease of a portion of the Purisima Creek Redwood Open Space Preserve for grazing and range management purposes is compatible with park and open space purposes, and finds the lease of such premises (referred to as the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit)to be in the public interest on the terms hereinafter set forth. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District approves the grazing lease between Midpeninsula Regional Open Space District and Vince Fontana, a copy of which is attached hereto and by this reference made a part hereof, and does hereby authorize the President or other appropriate officers to execute said lease on behalf of the District. Section Three. The General Manager or the General Manager's designee is hereby authorized to negotiate and approve the exercise of an additional 5-year option of the grazing lease as set forth in the grazing lease. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the completion of such transactions. The General Manager shall report in writing on any such exercise of an option to continue the subject grazing lease to the Board of Directors at the meeting immediately following the exercise thereof. r R.+ 3 F r a , r n • a .. r}y:. Pond-4 ♦ - � �" !1 A - 1"r ; -r� r ..Zm �rw, Pond-3 Y � Pond•1 Pond-2 t y r h 4 � 'sr C{�ek v0b ICI 5 4. 4 Figure 1. Exisiting and Potential Grazing Infrastructure Elkus Ranch Uplands Fencing and Barriers Existing Livestock Potential Livestock and Lobitos Ridge Existing Fencing Water Resources Water Resources MidP g eninsula Regional Natural Barriers � Seasonal Pond `' Proposed Water Trough Open Space District Possible Repair/New Fence Perennial Pond Q Proposed Tank January 2010 , O Fse Y Need for New Fence(optional I I, Spring i Rangeland Management Plan Elkus Ranch Uplands and Lobitos Ridge Properties Purisima Creek Redwoods Open Space Preserve Introduction The former University of California Elkus 4-H Ranch Uplands(Elkus Ranch Uplands) and POST Lobitos Ridge(Lobitos Ridge)properties encompass 790 acres between Purisima Creek and Lobitos Creek, in Coastal San Mateo County, California. Elkus Ranch Uplands and Lobitos Creek were acquired in 2009 and 2010, respectively, by the Midpeninsula Regional Open Space District(District). The properties are currently grazed as a single unit under the management of a grazing tenant. This document details the current and prescribed conditions for rangeland management associated with the renewal of the grazing lease,which is expected to extend from May 2010 through May 2020. It describes the District's plan for continued livestock use of the properties, including grazing, resource management, and maintenance prescriptions. A brief description of biotic resource values of the properties is included. Property Description Elkus Ranch Uplands was donated to the University of California by the Elkus family in 1975 and was owned and operated in conjunction with the Elkus 4-H Ranch environmental education and retreat center, located in the canyon below,until District acquisition in August 2009. The District's Preliminary Use and Management Plan allows for the issuance of a neighbor permit to UC allowing educational group hikes on the property from the 4-H center, accessed from UC's Dean Trail easement. The Lobitos Ridge property was purchased by the Peninsula Open Space Trust in 2004 from the Beffa family, who had owned it since 1960. The property was farmed prior to its use as rangeland with various crops, and about 7 acres of prime soils along the northern side of Purisima Creek are leased for row crop production. Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for decades, originally dry-land farmed for grains and more recently utilized as rangeland for a seasonal grazing operation. Despite historical and current agricultural use, the properties provide valuable,regionally-limited habitat for both common and special- status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy(Steelhead migration from the Pacific Ocean) in wet years. California red-legged frogs occur in the creeks and their tributaries, and the San Francisco garter Page I t3pen5pace snake potentially utilizes this prey base. Grasslands, although heavily dominated by introduced pasture grasses, are relatively weed-free and can potentially be managed to increase their native component. Finally,the properties provide stunning views and a potential coastal trail connection. Plan Objectives The goal of rangeland management on Elkus Ranch Uplands and Lobitos Ridge is to preserve, protect, and enhance the biotic values of the properties,while continuing to utilize the land as an agricultural resource. This plan ensures progress towards this goal through the following short-term objectives: 1) Maintain uninterrupted grazing following the principles of conservation grazing; 2) Control invasive plant species and agricultural weeds; 3) Protect sensitive riparian and aquatic habitats; 4) Develop a plan to improve water infrastructure for livestock use and wildlife habitat and evaluate costs. Range Facilities and Conditions The Elkus Ranch Uplands and Lobitos Ridge properties are currently grazed under the management of Vince Fontana, in combination with two adjacent,private parcels to the south. Mr. Fontana runs a cow/calf pair operation, typically consisting of 70-80 pairs rotated between two private parcels, Elkus Ranch Uplands and Lobitos Ridge. Stocking rates fluctuate based on available forage and water availability on the four properties. The ranch has very limited grazing infrastructure development, as shown in Figure 1. Fencing Livestock-tight perimeter and cross fencing is adequate on the properties except along the UC Elkus Property Boundary(Figure 1). Topography and vegetation, such as slope,rock, and brush barriers, aid in keeping cattle on the ranch in this and in other locations. However, existing perimeter fencing is old and needs repair or replacement in some areas. Neither Elkus Ranch Uplands nor Lobitos Ridge has corral facilities. The lessee utilizes a set of his corrals located on the UC property for processing, doctoring, and loading cattle. A fenced holding field is located just above the corrals on District land. i I Water Sources Water availability to livestock is extremely limited on the Elkus Ranch Uplands and Lobitos Ridge properties. Available sources include one permanent and five seasonal stock ponds(discussed further below) and a partially-developed spring. No water troughs or storage tanks are present. The ponds and spring provide insufficient livestock water and, until recently, cattle were permitted access to Lobitos Creek. In Page 2 s� open ace 2009 the creek was fenced off and a gate was installed to allow cattle to utilize a water source on the non-District land on the other side. The 1985 Purisima Creek Adjudication Decree No. 278007 and subsequent modifications (the Decree) authorizes certain specified landowners to use the waters of Purisima Creek and its tributaries, though the water must be used in accordance with the restrictions in the Decree. As part of the Elkus Ranch Uplands purchase, UC retained their adjudicated water rights to Purisima Creek(both domestic and stock watering). However, the District as owner of the Uplands property is authorized to continue to use, repair and maintain the two small stock watering ponds in the Purisima Creek watershed for continued grazing on the Uplands property. The District received 100%of UC's water rights associated with Lobitos Creek. As part of the Lobitos Ridge purchase the District will obtain 100% of POST's water rights for the property. Biotic Resources This section provides descriptions of the biotic habitats occurring on Elkus Ranch Uplands and Lobitos Ridge, lists the special-status species potentially associated with these habitats, and identifies key resource management concerns, including sensitive biotic resources, on the property. Field data were collected during reconnaissance-level surveys conducted by District staff during Spring and Summer 2009, a one-day herpetological assessment Biosearch Associates in June 2009, and a stream survey conducted by Eric Remington in 2007. A brief review of published data on known distribution of special-status species in the vicinity, including the status of steelhead trout in Lobitos and Purisima Creeks was also conducted. No focused surveys for special- status species were conducted. California Annual Grassland Grasslands dominated by wild oat(Avena fatua), ripgut brome(Bromus diandrus), and soft chess(B. hordeaceus) occur on ridges and gentle to moderate slopes throughout the two properties. These grasslands are typical of grazed soils in the coastal zone, which benefit from high moisture deposition from fog. Clay-loam soils can be highly productive with this relatively high moisture content and support dense growth of pasture grasses, hindering the establishment of native annual forbs. Native perennial grasses can persist in undisturbed(untilled) areas or on steep,thin, less productive soils. On both Elkus Ranch Uplands and Lobitos Ridge, grasslands are primarily underlain by relatively productive, loam or clay-loam soils of the Gazos and Lobitos series, were likely tilled in the past, and have supported grazing operations for some time; significant stands of native grasses were not observed. Page 3 i open ace Grassland species composition on Lobitos Ridge is particularly impacted: velvet grass I Holcus lanatus is common alongthe rid eline here, and even less productive soils are g heavilydominated b introduced species. Areas where cattle congregate, such as around Y p seasonal ponds and near creek crossings, are heavily invaded by thistles, including milk thistle(Silybum marianum),bull thistle(Cirsium vulgare), and bristly ox-tongue(Picris echioides). However,purple needlegrass(Nasella pulcra), California brome(Bromus carinatus) and California oatgrass(Danthonia californica)are widely distributed among the pasture grasses. Associated herb species include pale flax(Linum bienne), English plantain(Plantago lanceolata),hop clover(Trifolium campestre), and localized native patches of California buttercup(Ranunculus californicus), sun cups (Camissonia ovata), footsteps-of-spring(Sanicula arctopoides), western rush(Juncus occidentalis), blue-eye grass(Sisycrinchium bellum) and Kellogg's yampah(Perideridia kelloggii). Approximately 164 acres of grassland was mapped on Elkus Ranch Uplands, while Lobitos Creek contains about 93 acres. These totals do not include areas where coyote brush is a significant habitat component(see below). Grassland/Coastal Scrub Transition(Open Coyote Brush Stands) Succession in coastal grasslands, if uninterrupted by natural or artificial disturbance, results in transition to coastal scrub. These transition areas contain a mix of coyote brush (Baccharis pilularis) and grassland plant species, and,because they are open yet relatively inaccessible to cattle, can be quite weedy. Velvet grass in particular can dominate the herb layer of open coyote brush scrublands, and both French broom (Genista monspessulana) and pampas grass (Cortaderia selloana) were observed within this habitat on the properties. Halting this transition should be a priority on the Purisima to Sea properties both from a grazing and a botanical standpoint. However, wildlife, in particular grassland birds, thrive in the transition zone of grassland to scrubland due to the abundance of perch sites, cover, and forage. Approximately 70 acres of this habitat type was mapped on Elkus Ranch Uplands. Approximately 76 acres occur on Lobitos Ridge. Coastal Sage—Chaparral(Xeric Coyote Brush Stands) A more dense and diverse association of coyote brush,California sagebrush(Artemisia californica), and bush monkeyflower(Mimulus aurantiacus)occurs on south-facing slopes with thin soils,which have not been accessible to grazing for some time. Blue- blossom(Ceanothus thyrsiflorus) share dominance with scrub species in some areas. Approximately 59 acres of this habitat type occur on Elkus Ranch Uplands; Lobitos Ridge contains about 20 acres. Coastal Scrub (Mesic Coyote Brush Stands) Mesic Coyote Brush Stands form the most abundant of the shrub-dominated habitats on the Purisima-to-Sea properties. Approximately 112 acres of this habitat,which is more Page 4 i Open Space commonly known as coastal scrub, occur on Elkus Ranch Uplands, while Lobitos Creek contains about 125 acres. Coastal scrub is differentiated from coyote brush transition areas and coastal-sage chaparral in that it occurs primarily on north-facing slopes and shady canyons and is co-dominated by shade- tolerant species such as California blackberry (Rubus ursinus), ocean spray(Holodisczus discolor), California honeysuckle (Lonicera hispidula var. vacillans), and black twinberry(L. invoucrata var. ledbourii). Mesic Deciduous Shrubland Mesic Deciduous Shrublands comprise impenetrable thickets of American dogwood (Cornus sericea), oso berry(Oemlaria cerasiformis), ocean spray, and poison oak (Toxicodendron diversilobum), among other species, which intergrade with arroyo willow and red alder along creeks, in steep canyons, and north-facing slopes. There is little open ground in this habitat type, as herbs such as mugwort(Artemesia douglasiana), cow parsnip(Heracleum lanatum), California figwort(Scro hularia tali , and ornica p .f ) hoary nettle(Urtica diocia ssp. holocericea)thickly colonize the understory. Where cattle congregate for shade and water, this habitat can be exceedingly weedy, with poison hemlock(Conium maculatum), and various thistles dominant. Approximately 11 acres of this habitat type occur on Elkus Ranch Uplands, along the upper reaches of tributaries to Purisima and Lobitos Creeks. Only about 7 acres of mesic deciduous shrubland occurs on Lobitos Ridge. Riparian Forest and Scrub Arroyo willow scrub and red alder riparian forest comprise key sensitive habitat areas on the Purisima-to-Sea properties. On Elkus Ranch Uplands, arroyo willow scrub occurs on the upper tributaries to Purisima Creek and on three tributaries to Lobitos Creek; approximately 21 acres of this habitat type are mapped on the property. Arroyo willow (Salix lasiolepis) is frequently the sole dominant here, although red elderberry(Sambucus racemosa var. racemosa) is a common component of the dense overstory. Riparian habitat is well-developed along Lobitos Creek and is classified as red alder riparian forest;Alnus rubra is the dominant here, with arroyo willow and big leaf maple(Ater macrophyllum) also present. Ocean spray, snowberry(Symphoricarpos albus), gooseberry(Ribes spp.), thimbleberry(Rubus parviflora), and salmon berry(R. spectabilis)are common understory shrubs. Elkus Ranch Uplands and Lobitos Ridge contain 33 and 38 acres of riparian forest and scrub, respectively. Perennial Creeks Purisima and Lobitos Creeks form the northern and southern boundaries of the Elkus Ranch Uplands and Lobitos Ridge properties and are a dominate feature of the landscape. Purisima Creek consists of about 7.9 stream miles and drains a watershed of about nine square miles. It flows west, entering the Pacific Ocean south of Eel Rock. Lobitos Creek consists of about five stream miles and has a watershed of about four square miles. It flows southwest, entering the Pacific Ocean at Martins Beach. Both creeks support Page 5 0 penSpace 1LI-) "J extensive riparian vegetation and provide high-quality wildlife habitat, including non- breeding habitat for the California red-legged frog. Ponds Six ponds occur on the Lobitos Ridge and Elkus Ranch Uplands properties (Table 1, Figure 1),only one of which,on the lower portion of Lobitos Ridge, holds water throughout the year. Pond characteristics and enhancement recommendations are described in detail below. Table 1. Characteristics of ponds on the Elkus and Lobitos Ridge Properties Preliminary Pond Location Size(ft) Maximum Hydrology Management ID Depth(ft) (2009) Recommendations I Elkus Ranch Uplands(top 30 x 30 2.5 Dry by June Maintain as seasonal of PCR tributary) pond;enhance for CRLF breeding habitat 2 Elkus Ranch Uplands(at 30 x 30 2.5 Dry by June Maintain as seasonal spring in LCR watershed) pond;enhance for CRLF breeding habitat 3 Elkus Ranch Uplands(at 30 x 60 3 Dry by early Maintain as seasonal Lobitos Ridge boundary) August pond;enhance for CRLF breeding habitat 4 Lobitos Ridge(LCR 30 x 40 1.5 Dry;full of Consider abandoning; watershed) sediment gully sediment sink 6 Lobitos Ridge(in PCR 30 x 75 5 Permanent(4 Maintain berm as tributary) ft deep in needed to ensure June) perennial water storage I capacity. Special Status Species Special Status Plants Special-status plants potentially associated with the grassland community throughout the Elkus Ranch Uplands and Lobitos Ridge properties include Coast yellow leptosiphon (Leptosipon croceus; CLAPS List I B.1), and Gairdner's yampah(Perideridia gairdneri; CLAPS List 4.2). However,the lack of intact coastal prairie on the two properties likely precludes the occurrence of these species. Mesic deciduous shrubland could support the special-status plant western leatherwood(Dirca occidentalis). Page 6 0p`enSpace Special-status plant species potentially occurring within Coastal Scrub on the two properties include California androsace(Androsace elongate ssp. acuta; CNPS 4.2), coast rock cress(Arabis blepahrophylla; CLAPS 4.3), Kellog's horkelia(Horkelia cuneata ssp. sericea; CNPS IB.1), San Mateo tree lupine(Lupines eximies; CNPS 3.2), Choris's popcorn-flower(Plagiobothrys chorisianus var. chorisianus; CNPS 1B.2), and coastal triquetrella(Triquetrella cal fornica; CNPS List I B.2). Special Status Wildlife California red-legged frog(Rana draytonii), a federally threatened species, was observed in a tributary to Lobitos Creek on the Lobitos Ridge property(Eric Remington, pers. comm. February 2009). Pond 6, a permanent pond in a tributary to Purisima Creek, currently provides suitable breeding habitat (Biosearch Associates 2009), and the extensive riparian forest and mesic habitats adjacent to it provide high-quality upland habitat for this species. Frogs may also traverse grasslands and other open areas, particularly during their spring dispersal period. None of the ephemeral ponds were observed to hold water long enough into the dry season to provide suitable breeding conditions for CRLF (Biosearch Associates 2009). Although individual frogs could currently utilize these ponds for foraging or sheltering habitat during the winter,their potential as breeding habitat should be improved by increasing the duration of ponding. Ponds must hold water at least through August to ensure successful metamorphosis. Ponding duration can be increased by lining the basin with bentonite clay,which reduces water absorption into the soil; or by enlarging or dredging the basin to increase water holding capacity. San Francisco garter snake(Thamnophis sirtalis tetraenia), a federal and state endangered species with"no-take" status,potentially occurs on Elkus Ranch Uplands and Lobitos Ridge. According to Biosearch Associates(2009) Pond 6 provides potential habitat: Pacific tree frogs, a primary prey species,breed in the pond, and habitat conditions are suitable for breeding by the California red-legged frog, another important prey species. The adjacent grasslands and open scrub provide suitable habitat for basking and cover, and nearby ponds(off the subject properties)provide the metapopulation matrix thought to be required for this species. Additional surveys and analysis is necessary to determine the status of SFGS on the properties. Steelhead trout(Oncorhynchus mykiss) Various life-stages of rainbow trout, the non-migratory form of O. mykiss, have been observed in both Purisima and Lobitos Creeks. Purisima Creek is inaccessible to migratory fish due to a 30 foot waterfall at the Pacific Ocean. Nevertheless, Becker and Reining(2008)report that Purisima Creek has offered"fine fishing,"since the early 1900's; stocked steelhead and rainbow trout were observed by DFG in 1934(it is unclear Page 7 open ace what differentiated between the two O. mykiss forms). Purisima Creek apparently now supports a self-sustaining population of resident rainbow trout,despite sediment problems in the downstream reach. According to a recent status report, the Department of Fish and Game(DFG)considers the Highway I and Verde Road crossings of Lobitos Creek to be total passage barriers (Becker and Reining 2008)to anadromy. DFG records indicate that rainbow trout have been stream-reproducing in Lobitos Creek since the 1920's; O. mykiss was reportedly stocked in the creek during that time period. A 1975 survey report states, "Lobitos Creek presently supports a minimal rainbow trout/steelhead resource. Steelhead usage appears to be restricted to the lowermost 0.2-mile reach because of fish passage problems." However, recent surveys(2006)by DFG revealed multiple O. mykiss year classes upstream from the Highway I crossing; it is likely that Steelhead gain access to Lobitos Creek during wet years when heavy flows in the downstream culverts permit passage. Regardless of the migratory status of the trout in Lobitos Creek, this stream provides high-quality spawning and rearing habitat for O. mykiss. Use of the creek by cattle seriously compromises this habitat. In particular, the Lobitos Creek crossing is used by the grazing tenant to water and transfer cattle to adjacent pastures. Cattle loiter in the creek,trampling the banks and vegetation, and causing severe erosion and sedimentation. Keeping cattle out of Lobitos Creek should be a high management priority on the Elkus Ranch Uplands and Lobitos Ridge properties. Page 8 A�°Y mS a' n a tJpen�R Spa' ce Grazing Management Plan Objective 1: Maintain uninterrupted grazing following the principles of conservation grazing. The properties may be grazed on a seasonal(defined below)or year-round basis, depending on operational needs, resource management considerations, and livestock water availability, among other factors. Specific details on grazing timing and duration will be determined in consultation with the District representative. Guidelines regarding stocking rates and rotation are provided below. Prescriptions: • Graze cattle at—300-350 total Animal Unit Months(AUM)on the Elkus Ranch Uplands,preferably distributed as 70-80 AUM from March/range preparedness through August/forage decay for an average forage production year. Cow/calf pairs are suited to the property (i.e. —70 pairs for 5 months), though stockers may also be practical (140-150 stockers for five months) from December through June. • Graze cattle at—230-270 total Animal Unit Months(AUM)on Lobitos Ridge, preferably distributed as 70-80 AUM from December/germination of non-native grasses through mid March/germination of native annual vegetation. Cow/calf pairs are suited to the property (i.e. —70-80 pairs for 3.5 months), and then rotate the cattle to the Elkus Ranch Uplands from March through August(Figure 2). This rotation is suggested as an experiment to promote growth of the native annual vegetation and it is understood that this rotation may not be feasible. An alternate rotation may be utilized to accommodate the tenant if the prescribed, experimental rotation is not feasible. • Available livestock water and available forage will be monitored by District representative and will determine the length of the grazing season. Performance standards for residual dry matter measurements are included below per average slope: 0 to 30% slopes: an average minimum of two inches to three inches of residual dry matter—approximately an average of 600-1,000 pounds per acre per NRCS and UCCE definition. Greater than 30% slopes: an average minimum of three to four inches of residual dry matter—approximately an average of 1,000-1,200 pounds per acre per NRCS and UCCE definition Page 9 open ace • Tenant may graze properties throughout the summer and fall months, following the winter/spring rotation, to achieve the recommended RDM levels provided sufficient, off-stream livestock water is available. Alternative water development options will be explored, including a fenced rock crossing, an alluvial well or instream diversion, further development of existing(non-adjudicated) springs,or improved surface water storage. • Midpeninsula Regional Open Space District reserves the right to terminate the lease agreement giving 60 days notice to the tenant if the tenant fails to adhere to the predetermined RDM standards or if either property is left with an average of greater than 2,000 pounds of RDM at the end of a grazing season. Additionally, the tenant maybe removed from the property if they graze grasslands below the prescribed RDM levels without consent of the Rangeland Manager. Fluctuations in forage production occur annually and the tenant will work with the District representative to achieve the prescribed RDM levels each year. Objective 2: Control invasive plant species and agricultural weeds. Prescriptions: Thistle and other invasive plant species are present in varying locations and densities from season to season depending on precipitation and temperature. j Approved treatment methods include prescribed grazing, mowing,hand removal, burning, and herbicide application. Herbicide application may be performed by the grazing tenant, District staff,or a contractor provided they are in compliance with all herbicide application regulations, follow the District Pest Control Recommendation and report herbicide application lication to the District in addition to p the county. ° Surveys during the 2009 season detected poison hemlock,bull thistle, milk thistle, and Italian thistle as target species. Locations of 2009 infestations are designated on Figure 2. The tenant will work cooperatively with the District Rangeland Ecologist seasonally to locate areas of concern and determine the appropriate method(s) for treatment. ° Dense patches of non-native velvet grass(Holcus lanatus) are distributed throughout the grasslands,particularly in gentle slopes with deeper soils. Research into effective velvet grass treatment measures is needed. i Page 10 01� n5pace ° Coyote Brush(Baccharis pihilaris) is prevalent in dense,well established patches through out the property. Encroachment of coyote brush into grasslands limits the available forage for livestock, reduces grassland habitat areas, and creates an increased wildfire fuel load. Areas of brush encroachment will be treated with herbicide by the grazing tenant, District staff, or contractor then broken up using a tractor and drag bar the following season once they have dried. Critical areas of brush encroachment recommended for treatment are designated on the map in Figure 2 Objective 3: Protect riparian and aquatic habitat. Prescriptions: ° Avoid driving or use of mechanized equipment within 200 meters of stock ponds when aquatic habitat(i.e. standing water) is present. If vehicles must be used within 200 meters of a pond, the vehicle use must be monitored by a second person to alert the operator of the presence of San Francisco garter snake and California red-legged frog. Continue to control cattle access to Lobitos Creek. Gates are currently in place to allow tenant access to adjoining property across Lobitos Creek. The gates are to remain closed at all times unless the tenant is utilizing the crossing to move cattle from one pasture to another. Immediately upon completion of cattle movement, the gates are to be closed to restrict unsupervised cattle access to the streambed. Further determine locations where cattle frequent waterways, and assess natural resource impacts at these sites. Determine alternative access points and need for additional fencing. The majority of the Lobitos Creek riparian corridor is confined from livestock access as a result of a natural brush and vegetation barrier. Fencing may be required in the event that the brush barrier becomes breached by fire, trampling or other occurrences. ° As necessary, develop wildlife-friendly off-course water troughs and control cattle traffic using gates/fencing to avoid adverse impacts to ponds and streams. Potential water trough locations are designated in the map in Figure 1. Installation and placement of water troughs will be dependent upon available water on the property. Page 11 I a Open acep. Objective 4. Develop or improve ranch infrastructure for livestock use and wildlife habitat. Prescriptions: o All ground-disturbing activities, including road maintenance projects, fencing installation, and other infrastructure improvements, should take place during the dry season(April 15-October 15). ° All water improvements within the Purisima Creek watershed on the Elkus Uplands property shall be consistent with the Water Use Agreement between the District and UC. Since UC has retained all their Purisima water rights, this restriction means that the District is allowed to use and maintain the existing small ponds(Pond#1 and#2)but not develop any additional stock watering facilities. Ponds#3, 4, and 6 will be maintained and improvements made to enhance habitat value and increase water holding capacity for livestock and wildlife drinking water once a biological assessment is completed and proper permits are obtained. ° Ponds containing threatened or endangered species or potential habitat for these species may be partially fenced to reduce the threat of trampling and to preserve j an area of undisturbed vegetation to protect egg masses while still allowing livestock access for drinking water. Ponds will be assessed by a biologist and partial fencing of the ponds will be based on the vegetative diversity,habitat value, and species presence or non-presence in each pond. Routine maintenance and habitat improvement projects at existing ponds shall be implemented by the tenant as needed, in exchange for rent credit. The District representative shall be informed in advance of all pond repair and maintenance projects. All major earth work projects(defined as those projects requiring use of large mechanized equipment such as a dozer or excavator, or those in which greater than 150 cubic yards of material is cut or filled)will require local, state, and federal permits. Minor earth work projects should be performed according to the Best Management Practices described in Appendix A. ° Assess corral area currently owned by UC Elkus and develop District lease with tenant to coincide with the UC Elkus lease for the corral area. Look at potential fencing needs to allow tenant access to corral facility. Look at developing a corral on Elkus Ranch Uplands or adjoining District owned lands to serve the Lobitos Ridge, Elkus Ranch Uplands and/or Blue Brush Canyon properties. Page 12 i open pace � 0,2 ° Work with tenant and/or contractor to repair perimeter fencing as needed. Existing perimeter fence is sufficient as per the current tenant. The perimeter fence between Elkus Ranch Uplands and the Guisti/Purisima Farms Uplands property(property bordering Elkus Ranch Uplands to the west)will be assessed thoroughly, taking into consideration the neighboring property owner's concerns regarding fencing. ° Work with UC and the grazing tenant to determine if a new fence is needed at or near the property line between Elkus Ranch Uplands and the UC Elkus 4-H Facility. If a new fence is required,determine the appropriate location or line for the fence installation. A natural brush barrier currently provides limited containment at this location. Construct the new fence using contractor or grazing tenant assistance if needed. ° Assess need for improvements to existing ranch roads including routine maintenance, culvert installation, brushing and grading. Determine whether all existing roads are needed, and if not,develop a decommissioning strategy. The District may perform this work or may opt for the tenant to perform minor grading and maintenance work in exchange for rent credit. ° The District shall install minor public access improvements such as self-closing gates and signage as may be desirable. Further infrastructure modifications needed for compatibility with public access should be addressed in the future Comprehensive Plan process. District staff will complete brush clearing and necessary grading to open the patrol access road from the UC Elkus Driveway to the northwest holding pasture of the Elkus Ranch Uplands. After the access road is opened, District or tenant will maintain,brush and grade the access road. Additional Prescriptions ° Conduct all predator control according to District, local and state regulations. Problem animals interfering with livestock operations shall be handled through the District's Operations Department in cooperation with County Animal Control or the California Department of Fish and Game. ° Study the potential of incorporating the other Purisima to the Sea properties into this grazing unit and rangeland management plan, including Purisima Farm Uplands (250 acres)to the west; Identify necessary upgrades, costs, and benefits. Page 13 OpenSpace Grazing Operation Details This plan takes effect upon the Districts purchase of the Lobitos Ridge property from POST. The rangeland management will be conducted according to the Preliminary Use and Management Plan, of which this Rangeland Management Plan is a part. Lessees will operate under the Rangeland Management Plan and Grazing Lease, attached. Grazing practices shall conform to the Grazing Lease,University of California Cooperative Extension guidelines for Moderate forage utilization(residual dry matter at 800-1,000 lbs/acre), District Resource Management policies, and the animal units specified herein. These policies and practices not only guide the vegetation management by livestock,but also ensure the protection of the biological resources of the Elkus Ranch Uplands and Lobitos Ridge properties, including preservation of potential aquatic and upland habitats for California red-legged frog and San Francisco garter snake. Page 14 i I I, i o n ace ............ i i i APPENDIX A BEST MANAGEMENT PRACTICES i I i Page 15 I t II OpenSpace a F, All Road/Infrastructure Maintenance and Repair Projects shall incorporate best management practices for erosion control from the District's Standards and Specification Guidelines. All such projects shall be planned and implemented by, or in cooperation with, the District. If implemented by the tenant(for rental credit), the District Representative shall ensure that the proposed project incorporates the appropriate BMPs for erosion control. Pre-construction Surveys Prior to any road or infrastructure improvement project,the project site will be surveyed by District biologists to determine if special-status species,or their habitat, is present. Construction in and around aquatic habitat is subject to additional restrictions, as described below. Maintenance/Improvement of Water Control Structures: 1) Periodic vegetation removal to maintain berm/dam integrity o Removal of woody vegetation should be done by hand crews using hand saws or chain saws. o All vegetation removal should occur during the months of August through October,or when seasonal ponds are dry. 2) Minor earth work to repair small erosion problems or leaks(Build-up of earthen berms to prevent future erosion or over-topping and to repair minor breaches or erosion in an otherwise sound berm and/or spillway structure). o All earth work should be carried out using hand tools or a small tractor. o All earth work should occur during the months of August through October, or when seasonal ponds are dry. o Imported or soil obtained on site may be used. Soils shall be carefully selected to minimize visual or ecological impacts. o All equipment should be staged in previously-disturbed areas and kept out of the pond basins to the maximum extent possible. o Avoid driving or use of mechanized equipment within 200 meters of stock ponds when aquatic habitat(i.e. standing water) is present. If vehicles must be used within 200 meters of a pond,the vehicle use must be monitored by a second person to alert the operator of the presence of San Francisco garter snake and California red- legged frog. o For minor earth work projects where permanent aquatic habitat is present within 200 meters(600 ft), a District biologist should be present for all work activities. The biologist will stop work if sensitive wildlife are present. A Service-approved biologist will remove the animal to a safe location, if required. Page 16 i i open5pace 3) Major earth work to substantially repair or rebuild breached or heavily deteriorated dams or spillways (See pond excavation and recontouring,below). Pond Excavation and Re-contouring Ponds that have become filled with sediment or have otherwise limited water- holding capacity should be excavated to restore ponding depth and duration. This action both increase livestock water availability and improves habitat for CRLF. This and other major earth work(such as major berm repair)would be conducted using an excavator or dozer. o All federal, state, and local permits must be obtained prior to implementation of major repair,excavation or re-contouring projects. A grading plan and permit will be required. Contact the District representative to begin the planning process. o If possible, the grading plan should provide for an as-built ponding depth of at least six feet. o If possible, the grading plan should provide for the recontouring of shallow `bench' habitat(maximum ponding depth <24 inches) around the pond margins. o All earth work should occur during the months of August through October, or when seasonal ponds are dry. o Worker environmental awareness training should occur prior to project implementation. o For those projects where permanent aquatic habitat is present within 200 meters (600 ft), a District biologist should be present for all work activities. The biologist will stop work if sensitive wildlife are present. A Service-approved biologist will remove the animal to a safe location, if required, o Excavated material should be hauled off-site or deposited locally in an area with minimal visual or ecological impacts. o All equipment should be kept out of the sensitive areas(except when required by project design). Pond Physical Inspections Pond physical condition inspections should occur every 1-3 years,preferably when the ponds are inundated to determine priority management projects and should include: o Berms, spillways, drain pipes,ponding depth, and condition of the adjacent uplands o Inspections for breaches, leaks, deteriorating berms, overgrowth of woody vegetation, impacts from excessive cattle trampling o Maintenance activities should be recorded in logbook or database. Page 17 I NEGATIVE DECLARATION Elkus Ranch Uplands and Lobitos Ridge Properties Rangeland Management Plan Purisima Creek Redwoods Open Space Preserve San Mateo County,CA I i I I i August 2,2010 i Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 650-691-1200 Midpeninsula Regional Open Space District NEGATIVE DECLARATION A notice, pursuant to the California Environmental Quality Act of 1970, as amended (Public Resources Code 21,000, et seq.) stating that the following project: "Elkus and Lobitos Properties Rangeland Management Plan," when implemented,will not have a significant impact on the environment. PROJECT DESCRIPTION The proposed project consists of implementation of a ten-year Rangeland Management Plan(Plan) at the Elkus Ranch Uplands and Lobitos Ridge properties,which encompass 790 acres between Purisima and Lobitos Creeks in coastal San Mateo County,California(Figure 1). The properties were recently acquired by Midpeninsula Regional Open Space District(District)and are within the Coastside Protection Area,an area that was annexed into District boundaries in 2004. Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for decades,originally dry-land farmed for grains and more recently utilized as rangeland for a grazing operation. The approximately 250 acres of annual grass rangeland on the two properties has been continually grazed during the spring and summer months for at least 15 years.The properties provide valuable,regionally-limited habitat for both common and special-status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy (Steelhead migration from the Pacific Ocean)in wet years. California red-legged frogs occur in the creeks and their tributaries,and four stock ponds provide potential breeding habitat for this species. Finally,grasslands,although heavily dominated by introduced pasture grasses,are relatively weed-free and can potentially be managed to increase their native component. The goal of rangeland management on Elkus Ranch Uplands and Lobitos Ridge is to preserve,protect,and enhance the biotic values of the properties,while continuing to utilize the land as an agricultural resource. The Plan ensures progress towards this goal through the following objectives: 1) Maintain uninterrupted grazing following the principles of resource conservation grazing; 2) Control invasive plant species and agricultural weeds; 3) Protect sensitive riparian and aquatic habitats; 4) Improve water infrastructure for livestock use and wildlife habitat. Under the Plan,cattle would continue to be stocked by a grazing tenant and manager from approximately March (range preparedness)through August(forage decay)at a density of approximately 620 Animal Unit Months. The Plan requires monitoring of available forage through Residual Dry Matter performance standards to determine the length of the grazing season. Cattle may remain on the property through Fall to attain desired RDM levels, provided sufficient,off-stream livestock water is available. Further habitat protection and enhancement measures required by the Plan include fencing critical creek crossings to prevent uncontrolled livestock usage of riparian areas,an experimental pasture rotation to favor native annual plants,and enhancing livestock water availability and wildlife habitat in existing stock ponds. The Plan also includes improvements to existing ranch roads including routine maintenance,culvert installation,minor vegetation clearing,and grading. The Rangeland Management Plan requires that any subsequent pond maintenance and grazing infrastructure improvement projects,as well as road projects adjacent to ponds or streams,incorporate specific prescribed Best Management Practices(BMPs) for work in or near aquatic habitats.These BMPs include habitat and species protection measures including seasonal limited operating periods,restrictions on the use of mechanized equipment, and biological monitoring.The Plan also incorporates best management practices for erosion control from the 2 District's Details and Specifications Guidelines. Federal, state,and local permits will be acquired for all major earth work projects(defined as those requiring the use of a bulldozer or excavator or resulting in cut or fill volumes of 150 cubic yards or greater). The project is being carried out pursuant to the Service Plan for the Coastal Annexation Area located in San Mateo County(Service Plan). The Service Plan directs the District to focus its efforts in the Coastside Protection Area on the preservation and management of open space resources in order to protect watershed integrity and water quality; protect habitats for special-status species;provide visitor facilities for low-intensity recreation; and preserve existing and potential agricultural operations,among othergo als. The Environmental Impact Report ort EIR for the Service Plan was certified by the District Board of Directors in June 2003. Mitigation Measures incorporated into to the Service Plan pertaining to the use and management of the Elkus and Lobitos Ridge properties were adopted by the District Board of Directors in August,2009 and March,2010,respectively. In order to eliminate repetitive discussions of issues addressed in the EIR,this initial study and the proposed negative declaration are tiered off the EIR and focus on issues specific to this project. FINDINGS AND BASIS FOR NEGATIVE DECLARATION The Manager of the Planning Department of the Midpeninsula Regional Open Space District,based upon substantial evidence in the record,finds that: 1. The project will have no adverse affects on air quality,mineral resources,population and housing,greenhouse gas emissions,utilities and service systems,public services,or transportation/traffic because such impacts simply do not arise from the proposed project,given its minor nature and rural setting. 2. The project will not adversely affect aesthetics,biological and cultural resources,land use or public services, geology&soils,hazards and hazardous materials,hydrology and water quality,noise,or recreation. 3. 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(excepting the targeted invasive plant species),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 project's scale and localized nature. • Create impacts that are individually limited,but cumulatively considerable,based on project-specific mitigations that reduce these impacts to a less than significant level. • Create environmental effects that would cause substantial adverse effects on human beings,either directly or indirectly. Therefore,the Midpeninsula Regional Open Space District has determined that the project will have no significant effect on the environment. RESPONSIBLE AGENCY CONSULTATION None INITIAL STUDY A copy of the initial study is attached. 3 REVIEW PERIOD The Review Period begins on June 23,2010 and ends on July 23,2010. If you have any comments about the Negative Declaration or Initial Study,have infon-nation that should be included,and/or disagree with the findings of our study as set forth in the proposed Negative Declaration,please submit your comments in writing no later than 5 p.m. on July 23,2010 to Midpeninsula Regional Open Space District,330 Distel Circle,Los Altos,CA 94022. CONTACT PERSON Lisa Bankosh Open Space Planner,650-691-1200 Ana Ruiz,Planning Manager Midpeninsula Regional Open Space District 4 Midpeninsula Regional Open Space District INITIAL STUDY Project title: Elkus Ranch Uplands and Lobitos Ridge Properties Rangeland Management Plan Lead agency name and address: Midpeninsula Regional Open Space District 330 Distel Circle,Los Altos,CA 94022 Contact person and phone number: Lisa Bankosh 650 691-1200 Project location: The Elkus Ranch Uplands and Lobitos Ridge Properties are located approximately 7 road miles south of the city of Half Moon Bay,approximately 1.5 miles east of SR 1 (Cabrillo Highway),within the Purisima Creek Redwoods Open Space Preserve,in unincorporated San Mateo County(Figure 1). Project APN: Portion of San Mateo County APN's 066-200-070;066-230-030 ProJjectsP p onsor's name and address: Midpeninsula Regional Open Space District 330 Distel Circle,Los Altos,CA 94022 General plan designation: Agriculture Zoning: Planned Agricultural District/Coastal Development Description of project: (Describe the whole action involved,including but not limited to later phases of the project,and any secondary,support,or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project consists of implementation of a ten-year Rangeland Management Plan(Plan)at the Elkus Ranch Uplands and Lobitos Ridge properties,which encompass 790 acres between Purisima and Lobitos Creeks in coastal San Mateo County,California(Figure 1). The properties were recently acquired by Midpeninsula Regional Open Space District(District)and are within the Coastside Protection Area,an area that was annexed into District boundaries in 2004. Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for decades,originally dry-land farmed for grains and more recently utilized as rangeland for a grazing operation. The approximately 250 acres of annual grass rangeland on the two properties has been continually grazed during the spring and summer months for at least 15 years. The properties provide valuable,regionally-limited habitat for both common and special-status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy(Steelhead migration from the Pacific Ocean) in wet years. California red-legged frogs occur in the creeks and their tributaries,and four stock ponds provide potential breeding habitat for this species. Finally,grasslands,although heavily dominated by introduced pasture grasses,are relatively weed-free and can potentially be managed to increase their native component. The goal of rangeland management on Elkus Ranch Uplands and Lobitos Ridge is to preserve,protect,and enhance the biotic values of the properties,while continuing to utilize the land as an agricultural resource. The Plan ensures progress towards this goal through the following objectives: P �' g g g J 1) Maintain uninterrupted grazing following the principles of resource conservation grazing; 2) Control invasive plant species and agricultural weeds; 5 3) Protect sensitive riparian and aquatic habitats; 4) Improve water infrastructure for livestock use and wildlife habitat. Under the Plan,cattle would continue to be stocked by a grazing tenant and manager from approximately March(range preparedness)through August(forage decay)at a density of approximately 620 Animal Unit Months. The Plan requires monitoring of available forage through Residual Dry Matter performance standards to determine the length of the grazing season. Cattle may remain on the property through Fall to attain desired RDM levels,provided sufficient,off-stream livestock water is available. Further habitat protection and enhancement measures required by the Plan include fencing critical creek crossings to prevent uncontrolled livestock usage of riparian areas,an experimental pasture rotation to favor native annual plants,and enhancing livestock water availability and wildlife habitat in existing stock ponds. The Plan also includes improvements to existing ranch roads including routine maintenance,culvert installation, minor vegetation clearing,and grading. The Rangeland Management Plan requires that any subsequent pond maintenance and grazing infrastructure improvement projects,as well as road projects adjacent to ponds or streams,incorporate specific prescribed Best Management Practices(BMPs) for work in or near aquatic habitats.These BMPs include habitat and species protection measures including seasonal limited operating periods,restrictions on the use of mechanized equipment,and biological monitoring. The Plan also incorporates best management practices for erosion control from the District's Details and Specifications Guidelines. Federal,state,and local permits will be acquired for all major earth work projects(defined as those requiring the use of a bulldozer or excavator or resulting in cut or fill volumes of 150 cubic yards or greater). The project is being carried out pursuant to the Service Plan for the Coastal Annexation Area located in San Mateo County(Service Plan). The Service Plan directs the District to focus its efforts in the Coastside Protection Area on the preservation and management of open space resources in order to protect watershed integrity and water quality;protect habitats for special-status species;provide visitor facilities for low- intensity recreation; and preserve existing and potential agricultural operations,among other goals. The Environmental Impact Report(EIR)for the Service Plan was certified by the District Board of Directors in June 2003. Mitigation Measures incorporated into to the Service Plan pertaining to the use and management of the Elkus and Lobitos Ridge properties were adopted by the District Board of Directors in August,2009 and March,2010,respectively. In order to eliminate repetitive discussions of issues addressed in the EIR,this initial study and the proposed negative declaration are tiered off the EIR and focus on issues specific to this project. Sources: Midpeninsula Regional Open Space District. San Mateo Coastal Annexation Area- Service Plan. Ibid. Details and Specifications Guidelines. September 2009. Ibid. San Mateo Coastal Annexation Draft Environmental Impact Report.June 2002 Ibid.GIS Vegetation Maps,Aerial Photographs,and Hydrological,Land Use and Geological Maps. Ibid. Elkus Ranch Uplands and Lobitos Ridge Properties Grazing Management Plan.August,2010. 6 Other public agencies whose approval is required(e.g.,permits,financing approval,or participation agreement.) • United States Fish and Wildlife Service • California Department of Fish and Game • California Regional Water Quality Control Board • San Mateo County Document availability: All documents referenced in the Initial Study are available for review from 8:30 a.m. to 5:00 p.m. at the Mid peninsula Regional Open Space District office at the address listed above. Subsequent Actions: Upon certification of this negative declaration, the following actions will occur: I • Adoption of Purisima Creek Redwoods Open Space Preserve Use and Management Plan amendment to incorporate the Rangeland Management Plan • Execution of Grazing Lease Agreement i 7 1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards&Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact"or"potentially significant unless mitigated" impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment,because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. 8/2/2010 Signature Date 8 ENVIRONMENTAL IMPACTS Less Than Significant Issues' Potentially with Less Than I. AESTHETICS Significant Mitigation Significant Impact Incorporation Impact No Impact Would theproject: a) Have a substantial adverse effect on a scenic vista? El ❑ ❑ Q b) Substantially damage scenic resources,including,but not El El El 0 limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality ❑ El ❑ 0 of the site and its surroundings? d) Create a new source of substantial light or glare which would ❑ El ❑ Q adversely affect day or nighttime views in the area? The proposed project would maintain the existing environment and preserve scenic vistas. Portions of the ridgeline bisecting the project area are visible from SR 1 (Cabrillo Highway),a state scenic highway. Minor alterations to cattle stocking rates and timing of pasture use,as well as brief pond construction projects to improve livestock watering capacity and improve habitat for wildlife,will be implemented as part of the Rangeland Management Plan. These changes are minor and brief in nature and do not represent substantial changes to scenic views from SR 1. The proposed project would preserve the visual character and quality of the site by maintaining the existing environment as an open space preserve. No new sources of light or glare will result from the project. it Less Than Significant II.AGRICULTURE RESOURCES Potentially with Less Than Would the project: Significant Mitigation Significant Impact Incorporation Impact No Impact a) Convert Prime Farmland,Unique Farmland,or Farmland of El El El 0 Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b) Conflict with existing zoning for agricultural use,or a 0 ❑ El 0 Williamson Act contract? c)Conflict with existing zoning for,or cause rezoning of,forest 0 El El R1 land(as defined in Public Resources Code section 12220(g)), timberland(as defined by Public Resources Code section 4526),or timberland zoned Timberland Production(as defined by Government Code section 51104 ? d) Result in the loss of forest land or conversion of forest land to El 0 ❑ R1 non-forest use? e) Involve other changes in the existing environment which,due El El El Q to their location or nature,could result in conversion of Farmland,to non-agricultural use or conversion of forest land to non-forest use? According to the California Department of Conservation's Farmland Mapping and Monitoring Program(FMMP ) 2008 update, the project area does not contain Prime Farmland, Unique Farmland or Farmland of Statewide Importance (although approximately 7 acres of Prime Farmland, subject to management under the District's forthcoming Agricultural Management Plan, occurs on the Lobitos Ridge property just west of the project area). Approximately 472 acres are shown in the FMMP as suitable for grazing, with the balance shown as "other lands" comprised of steep scrublands. Although some of these lands suitable for grazing may have been dry farmed historically,these lands are currently£allowed with no obvious infrastructure present. No land subject to a Williamson Act contract occurs in the project area. The existing agricultural land use of cattle ranching will not be impacted by the project. As a result of the proposed pond im rovelnents,cattle access to the pond and the 10 availability of water is expected to improve. Source: California Department of Conservation.Farmland Mapping and Monitoring Program maps for San Mateo County. 2004. http://www.consrv.ca.gov/dirp/finmp. III. AIR QUALITY Where available,the significance criteria established by the applicable air quality management or air -pollution control district may be relied upon to make the following determinations. Less Than Significant Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Conflict with or obstruct implementation of the applicable ❑ ❑ ❑ Q air quality plan? b) Violate any air quality standard or contribute ❑ ❑ 0 ❑ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any ❑ ❑ Q ❑ criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? d Expose sens itive receptors to substan tial pollutant ❑ ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial number ❑ ❑ ❑ 0 of people? The project will not obstruct implementation of any applicable air quality management plans. Vehicle emissions generated from small projects to enhance grazing infrastructure,such as fencing installation and pond maintenance projects,will be minor and brief Since each construction site is small-scale in nature,any potential dust emissions resulting from the individual site project would be localized and limited to the short-term construction period. The project does not involve an increase in motor vehicle operation,often a significant contributor to ozone pollution level violations.The project would therefore not contribute substantially to projected ozone violations due to vehicle emissions. Pollutant concentrations will be low and temporary, restricted primarily to construction seasons as projects get implemented, moreover given the fact that this area is closed,no sensitive receptors will be exposed. No objectionable odors are expected. Source: Bay Area Air Quality Management District.Ambient Air Quality Standards and Bay Area Attainment Status http://www.baagmd.gov/planning/resmod/baas.htm.January 2002. IV. BIOLOGICAL RESOURCES a) Have a substantial adverse effect,either directly or ❑ ❑ Q ❑ through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Grassland dominated by wild oat(Avena fatua),ripgut brome(Bromus diandrus),and soft chess(B. hordeaceus) is the most common plant community in the project area. These grasslands are typical of grazed pastureland in the coastal zone,which support dense growth of annual grasses in the winter ands ring months. Native 11 perennial grasses can persist in undisturbed areas or on steep,thin,less productive soils. On both Elkus Ranch Uplands and Lobitos Ridge,grasslands are underlain by fertile clay soils,were likely tilled in the past,and have supported grazing operations for some time;significant stands of native grasses were not observed. No intact coastal prairie remains on the properties due to prior tillage. Mesic coastal scrub dominate by coyote brush(Baccharis pilularis),California blackberry(Rubus ursinus), ocean spray(Holodiscus discolor),and poison oak(Toxicodendron diversilobum)form the most abundant of the shrub-dominated habitats in project area,while arroyo willow scrub and red alder riparian forest comprise key sensitive habitat areas. Arroyo willow scrub occurs on the upper tributaries to Purisima Creek and on three tributaries to Lobitos Creek;approximately 21 acres of this habitat type are mapped on the property. Arroyo willow(Salix lasiolepis)is frequently the sole dominant here,although red elderberry(Sambucus racemosa var. racemosa)is a common component of the dense overstory. Riparian habitat is well-developed along Lobitos Creek and is classified as red alder riparian forest;red alder(Alnus rubra)is the dominant here,with arroyo willow and big leaf maple(Ater maerophyllum)also present. Special-Status Plant Species No plant species listed as Threatened or Endangered by the state or federal Endangered Species Acts were observed or are expected to occur in the project area. Mesic deciduous shrubland,which occurs on steep,north- facing slopes in the project area,could support western leatherwood(Dirca occidentalis),which is considered extremely rare(List 1B.2)by the California Native Plant Society(CNPS). CNPS-listed plant species potentially occurring within Coastal Scrub on the two properties include California androsace(Androsace elongate ssp. acuta; CNPS 4.2),coast rock cress(Arabis blepahrophylla; CNPS 4.3),Kellog's horkelia(Horkelia cuneata ssp. sericea; CNPS 1B.1), San Mateo tree lupine(Lupinus eximius;CNPS 3.2),Choris's popcorn-flower PZ a iaboth s chorisianus var.charisianus• CNPS 1B.2 and coastal tri uetrella Tri uetrelCa tali arnica- ( g rJ' � , q ( 9 .f , CNPS List 1 B.2). No impacts to coastal scrub or mesic deciduous scrubland will result from the Plan. Special-status plants potentially associated with the grassland community in the project area include Coast yellow leptosiphon(Leptosipon croceus; CNPS List 1 B.1),and Gairdner's yampah(Perideridia gairdneri; CNPS List 4.2). Grazing management activities, including pond and infrastructure maintenance and improvement projects,occur primarily within grassland and could potentially impact these species, if present. However,the lack of intact coastal prairie likely precludes the occurrence of these species,and neither coast yellow leptosiphon or Gairdner's yampah were observed during blooming-period surveys of the ponds and ranch roads. Best Management Practices required by the Plan include pre-construction surveys by a District botanist prior to ground-disturbing activities,if suitable habitat for special-status plants is present. Based on these factors,no direct or indirect impacts to special-status plants are expected to result from the project. Special-Status Animal Species Special-status animal species that occur,or have the potential to occur,within the project area include: California red-legged frog(CRLF),San Francisco garter snake(SFGS),Western pond turtle(WPT),dusky-footed woodrat, and steelhead trout. Baseline routine ranching activities in the project area are typical of a coastal San Mateo County grazing operation,and include regular use of roads by trucks and other vehicles,and All Terrain Vehicle activity off the roads;minor road grading,maintenance,and repair;erosion control; fence installation and repair; vegetation management;including herbicide application and mowing;supplemental feeding;and cattle roundup and movement through the pastures. Cattle have had and will continue to have access to ponds. The Plan does not change or increase this level of access or potential impacts to aquatic habitat. Wooded and riparian habitat along drainages is,in general,not heavily impacted by cattle due to inaccessibility;however,stream,crossings have been and will continue to be used by cattle. Continuation of the existing grazing activity would not increase the risk to listed species in the project area,and implementation of the Rangeland Management Plan, which prioritizes resource conservation,is intended to improve habitat quality. Special-status species are 12 discussed individually below. California red-legged frog(Rana draytonii) Status,Distribution, and Habitat Requirements The California red-legged frog(CRLF) (Rana draytonii)is federally-listed as threatened and is designated as a California species of special concern. The CRLF is distributed throughout 26 counties in California,but is most abundant in the San Francisco Bay Area. California red-legged frogs predominately inhabit permanent water sources such as streams,lakes,marshes,natural and manmade ponds,and ephemeral drainages in valley bottoms and foothills up to 1,500 meters in elevation. This species breeds between November and April in standing or slow moving water at least 0.7 meters(2'h feet)in depth with emergent vegetation,such as cattails(Typha spp.), tules(Scirpus spp.)or overhanging willows(Salix spp.). Egg masses containing 2,000 to 5,000 eggs are attached to vegetation below the surface and hatch after 6 to 14 days. Larvae undergo metamorphosis 3'/Z to 7 months following hatching and reach sexual maturity 2 to 3 years of age. In a study of California red-legged frog terrestrial activity in the Santa Cruz Mountains,Bulger(2003) categorized terrestrial use as migratory and non-migratory. Migratory movements(characterized as the movement between aquatic sites and most often associated with breeding activities)last from one to several days and are associated with precipitation events.Non-migrating frogs typically stayed within 60 meters(200 feet)of aquatic habitat 90%of the time and were most often associated with dense vegetative cover,i.e. California blackberry,poison oak and coyote brush. Critical Habitat Critical habitat for the California red-legged frog was designated in 2006 and revised in 2010.The nearest critical habitat to the project site(Unit SNM-2)is situated approximately 0.5 miles to the southeast. This project does not result in impacts to this critical habitat. Occurrence in the Project Area California red-legged frog was observed in a tributary to Lobitos Creek,on the Lobitos Ridge property,in 2009. Pond 6,a permanent pond in a tributary to Purisima Creek,currently provides suitable breeding habitat,and the extensive riparian forest and mesic habitats adjacent to it provide high-quality upland habitat for this species. CRLF may also traverse grasslands and other open areas,particularly during rain events early in the rainy season and during their spring dispersal period. The five seasonal ponds on the property do not hold water long enough into the dry season to provide suitable breeding conditions for CRLF. Although individual frogs could currently utilize these ponds for foraging or sheltering habitat during the winter,their potential as breeding habitat should be improved by increasing the duration of ponding. Ponds must hold water at least through August to ensure successful metamorphosis. Projects to increase ponding duration(via clay lining,enlarging,or dredging)are prescribed by the Plan. As a result of these projects,habitat suitability for CRLF on the project area is expected to increase over the lifetime of the Plan. Because CRLF are assumed to occupy the project area,Best Management Practices(BMPs)measures have been incorporated into the Plan that will reduce the potential to affect this species to a less than significant level. These BMPs include: o Avoid driving or use of mechanized equipment within 200 meters of stock ponds when aquatic habitat(i.e. standing water)is present. If vehicles must be used within 200 meters of a pond,the vehicle use must be monitored by a second person to alert the operator of the presence of San Francisco garter snake and California red-legged frog. o For projects in or near aquatic habitat,all earth work would occur during the months of August through October,or when seasonal ponds are dry. o All ground-disturbing activities,including road maintenance projects,fencing installation,and other infrastructure improvements,will take place during the dry season(April 15-October 15). 13 I o For those projects where permanent aquatic habitat is present within 200 meters(600 ft),a District biologist would be present for all work activities. The biologist will stop work if sensitive wildlife are present. A U.S Fish and Wildlife Service-approved biologist will remove the animal to a safe location,if required. o Worker environmental awareness training would occur prior to implementation of projects in or near aquatic habitat. o All federal,state,and local permits will be obtained prior to implementation of major repair, excavation or re-contouring projects. San Francisco garter snake(Thamnophis sirtalis tetrataenia) Status, Distribution, and Habitat Requirements The San Francisco Garter Snake(SFGS) is federally and state-listed as endangered and is a fully protected species under Section 5050 of the California Fish and Game Code. An aquatic subspecies of the common garter snake and endemic to the San Francisco Bay Area, SFGS are distributed along the western San Francisco Peninsula from the southern San Francisco County border south to Waddell Lagoon south of Ano Nuevo and as far east as the Crystal Springs Reservoir Watershed. SFGS often occurs with its primary prey species,the CRLF; however,it will opportunistically prey on a variety of species including other frogs, tadpoles,egg masses,newts, small fish,salamanders,reptiles, small mammals,birds and their eggs and several small invertebrates. Preferred habitat for SFGS is comprised of densely vegetated areas close to water where the snake can retreat when disturbed. The species often occurs near ponds,marshes,streams and other wetlands associated with cattails(Typha spp.),bulrushes(Amphiscirpus, Bolboschoenus, Isolepis, Schoenoplectus and Trichophorum spp.)and rushes(Juncus and Eleocharis spp.). Mating occurs shortly after they leave their winter retreats in May and females give birth to live young between June and September. Species may hibernate near the coastal areas in fossorial mammal burrows and other refuges,or remain active year-round,weather permitting. Critical Habitat Critical habitat has not been designated for SFGS. Occurrence in the Project Area Within the project area, Pond 6 provides potential habitat for SFGS: Pacific tree frogs,a primary prey species, breed in the pond,and habitat conditions are suitable for breeding by CRLF,another important prey species.The adjacent grasslands and open scrub provide suitable habitat for basking and cover,and nearby permanent ponds (off the subject properties)provide the metapopulation matrix thought to be required for this species. Additional surveys and analysis is necessary to determine the status of SFGS on the properties. Although habitat within the project area is suitable for the SFGS,this species appears to be patchily distributed within its range and additional surveys are needed to determine its status on Elkus Ranch Upland and Lobitos Ridge. However, BMPs incorporated into the project(listed under CRLF,above)will reduce the potential to affect SFGS to a less than significant level in the event that they do occur. With the implementation of these BMPs the project is not expected to result in harm,harrassment,injury,or mortality to the SFGS or adversely affect its potential habitat. Furthermore,pond improvement projects are expected to increase habitat suitability for SFGS in the project area. San Francisco dusky-footed woodrat(Neotoma fuscipes annectens) The San Francisco dusky-footed woodrat is a state species of concern. Woodrats are small mammals that build nests made of sticks,typically at the base of trees and shrubs.The species prefers forested habitat with a moderate canopy and brushy understory,particularly on the upper banks of riparian forests or withinpoison-oak 14 dominated shrublands.The dusky-footed woodrat is known to feed on a variety of woody plants,fungi,flowers and seeds. Activities associated with the Grazing Management Plan are located primarily in open pasture and pond sites,which are not preferred habitats for this species. The project is therefore not expected to result in impacts to San Francisco dusky-footed woodrat. Steelhead trout(Oncorhynchus mykiss) Status, Distribution, and Habitat Requirements Steelhead trout are an anadromous form of rainbow trout that spend part of their lives in the ocean before returning back to streams to spawn. Steelhead range from Alaska to Southern California. Steelhead trout are federally listed as threatened within the Central California Coast ESU,including San Mateo County. Steelhead are an anadromous(ocean going)species that begin life in San Mateo County coastal streams during the rainy season. Eggs are deposited in stream gravels and fertilized. Small"fry"emerge from the gravels and then grow in the stream typically for one to three years. Juvenile"smolts"out-migrate into the ocean during the spring and early summer where they spend between one and four years before returning to their natal stream to spawn.Unlike Coho salmon,steelhead do not necessarily die after spawning,but may once again move back to the ocean and return again to spawn. Occurrence in the Project Area Various life-stages of rainbow trout,the non-migratory form of O. mykiss,have been observed in both Purisima and Lobitos Creeks. Purisima Creek is inaccessible to migratory fish due to a 30 foot waterfall at the Pacific Ocean;however,due to stocking in the early 1900's,Purisima Creek apparently now supports a self-sustaining population of resident rainbow trout. The Department of Fish and Game(DFG)considers the Highway 1 and Verde Road crossings of Lobitos Creek to be total passage barriers to anadromy. DFG records indicate that g p g rainbow trout have been stream-reproducing in Lobitos Creek since the 1920's; O. mykiss was reportedly stocked in the creek during that time period. A 1975 survey report states,"Lobitos Creek presently supports a minimal rainbow trout/steelhead resource. Steelhead usage appears to be restricted to the lowermost 0.2-mile reach because of fish passage problems." However,recent surveys(2006)by DFG revealed multiple O. mykiss year classes upstream from the Highway 1 crossing; it is likely that Steelhead gain access to Lobitos Creek during wet years when heavy flows in the downstream culverts permit passage. Habitat protection measures prescribed by the Rangeland Management Plan,including preventing or controlling cattle access to creeks and riparian areas,are expected to reduce erosion and sedimentation in Lobitos Creek, increasing habitat quality for Steelhead. The Rangeland Management Plan requires that all road maintenance, pond repair,and other grazing infrastructure improvement projects incorporate BMPs for working in or near aquatic habitat. The potential for the project to negatively impact steelhead is therefore considered less than significant. b) Have a substantial adverse effect on any riparian habitat Q or other sensitive natural community identified in local or regional plans,policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected [J( ❑ wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool, coastal,etc.)through direct removal,filling,hydrological interruption,or other means? 15 Sensitive natural communities are those that are considered rare in the region,support special-status plant or wildlife species,or receive regulatory protection (i.e. critical habitat designated by the USFWS under the Endangered Species Act, §404 of the Clean Water Act,and/or the CDFG §1600 et seq. of the California Fish and Game Code).The California Natural Diversity Database has also designated a number of natural communities as rare. Riparian habitats are considered to be sensitive and declining resources by CDFG and the USFWS. Grazing infrastructure improvement projects will occur during the dry season and will not adversely affect riparian areas,sensitive natural communities,or wetlands. Furthermore,the Plan incorporates projects designed to benefit these habitats by providing for their long tern integrity through pond berm repair,recontouring and spillway improvements. Habitat suitability for sensitive species will be improved through enhanced duration of ponding(permitting red-legged frog metamorphosis)and installing livestock fencing around riparian areas. Culvert installation and other roadway improvements will be designed to avoid,to the maximum extent possible, any construction-phase or use-related erosion and sedimentation into aquatic habitat,and will incorporate best management practices for erosion control from the District's Details and Specifications Guidelines. According to these guidelines,all projects will be designed to maintain hydrologic connectivity of streamcourse and wetland areas and,where possible,will incorporate landform restoration to restore natural h drolo icalpatterns. d) Interfere substantially with the movement of any native ❑ Q resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? As discussed in Section IV-a,native and migratory fish populations are currently known to inhabit Lobitos and Purisima Creeks,which form the northern and southern boundaries of the project site. Based on aquatic and riparian habitat protection measures prescribed by the Plan,the project is expected to result in improved habitat and water quality in the creeks. No grazing infrastructure maintenance and improvement projects will impede fish movement or the use of nursery sites within the creeks. e) Conflict with any local policies or ordinances protecting 11 El 0 biological resources,such as a tree preservation policy or ordinance? The project will not conflict with local policies or ordinances protecting biological resources.No significant or -heritage trees will be removed as a part of the Plan. f) Conflict with the provisions of an adopted Habitat ❑ 11 ❑ Q Conservation Plan,Natural Community Conservation Plan,or other approved local,regional,or state habitat conservationplan? No habitat conservation plan,community conservation plan or local,regional,or state habitat conservation plan has been developed for this area. Sources: California Department of Fish and Game(CDFG).State and Federally Listed Endangered and Threatened Animals of California. California Natural Diversity Database.Habitat Conservation Division.Wildlife and Habitat Data Analysis Branch. October,2006 Biosearch Associates. California red-legged frog surveys and pond assessment for Purisima-to-Sea Properties,San Mateo County. July 2009. Bulger,J.B.,N.J.Scott Jr.and R.Seymour.Terrestrial Activity And Conservation Of Adult California Red-Legged Frogs Rana Aurora draytonii In Coastal Forests And Grasslands. Biological Conservation.Vol. 110:pp.85-95.2003. United States Fish and Wildlife Service,Recovery Plan for the California Red-Legged Frog,2002.Available online at: (http://ecos.fws.gov/docs/recovery_plan/020528.pdf) United States Fish and Wildlife Service,Recovery Plan for the San Francisco Garter Snake, 1985.Available online at: (http://ecos.fws.gov/does/recovery_plan/85091 Lpdf) United States Fish and Wildlife Service,Species Profile for the California Red-Legged Frog accessed online: (http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?speode=D02D),accessed August 2009. 16 Midpeninsula Regional Open Space District,Department of Fish and Game 5-year Memorandum of Understanding,Routine Maintenance,Attachment B,Best Management Practices and Standard Operating Procedures for Routine Maintenance Activities in Water Courses 2007.Available upon request from Midpeninsula Regional Open Space District Tibor,D.P.(ed.).2001.Inventory of rare and endangered vascular plants of California. California Native Plant Society Special Publication No. I [6th edition].California Native Plant Society,Sacramento,CA. California Department of Fish and Game. List of California Terrestrial Natural Communities Recognized by the Natural Diversity Database. September 2003. Less Than Significant V. CULTURAL RESOURCES Potentially with Less Than Significant Mitigation Significant -Would the project: Impact Incorporation Impact No Impact a) Cause a substantial adverse change in the significance of a El 11 11 2 historical resource as defined in§ 15064.5? b) Cause a substantial adverse change in the significance of El El 10 El an archaeological resource pursuant to§ 15064.59 c) Directly or indirectly destroy a unique paleontological El El 0 El resource or site or unique geologic feature? d) Disturb any human remains,including those interred El El 10 El outside of formal cemeteries? No structures occur within the project area. A historic farmhouse,located on the Lobitos Ridge property just west of the project area,is not subject to the Plan. The project would therefore not result in impacts to historic resources. Surficial surveys conducted within specific project areas for pond maintenance and improvement actions failed to locate any archeological or paleontological resources or unique geologic features. Due to the lack of significant vegetative cover and the disturbed nature of the soil surrounding the stockponds,it is likely that such features would have been observed,if present. Although the possibility of subsurface cultural resources exists,because specific project areas were previously disturbed during initial construction,ground disturbance is unlikely to yield any undiscovered resources In the unlikely event that a cultural resource is located during routine ranch operations or construction of infrastructure improvement projects,the Standard Protocol for Unexpected Discovery of Archaeological and Paleontological Cultural Materials(Service Plan implementation action G.6R(i))will reduce potential impacts to a less than significant level. Similarly,in the unlikely event that human remains are encountered during routine operations or construction,the Native American Burial Plan(Service Plan implementation action G.6S(i))will reduce impacts to a less than significant level. Sources: Midpeninsula Regional Open Space District. San Mateo Coastal Annexation Area-Service Plan(Native American Burial Plan,Protocol for Unexpected Discovery of Archaeological and Paleontological Cultural Materials). 17 Less Than Significant VI. GEOLOGY AND SOILS Potentially with Less Than Would the project: Significant Mitigation Significant Impact Incorporation Impact No Impact a)Expose people or structures to potential substantial 0 El 0 adverse effects,including the risk of loss,injury,or death involving: i) Rupture of a known earthquake fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? El El 2 El iii)Seismic-related ground failure,including El El 0 El liquefaction? iv)Landslides? El El 0 El The proposed project is located within a near-wilderness,unpopulated setting. There are no manmade structures within the area of impact. Routine ranch operations and grazing infrastructure improvement projects require the occasional presence of the ranch manager and,potentially,a crew. Because they will be operating in an open grassland and forest area as opposed to a heavily urbanized area with buildings,the likelihood for substantial adverse effects to people in the event of a surface fault rupture,ground failure or landslide during the project activities is unlikely. The La Honda Fault crosses the easternmost portion of the Lobitos Ridge property in a north/south direction. Other active faults in the vicinity of the project area are the San Gregorio and Pilarcitos faults,which are located approximately 2 miles west and 3 miles east,respectively. Although there is the potential for on-site fault rupture or severe ground shaking during a large magnitude earthquake,these risks are considered negligible and highly unlikely in the project area during project construction. A project location in an unpopulated setting having no overhead hazards,and where no new roads,trails or structures are proposed will prevent exposure of people or structures to potential substantial adverse effects,including the risk of loss, injury, or death from rupture of a known earthquake fault. According to the Association of Bay Area Governments online liquefaction map,and San Mateo County Hazard and Mitigation maps,the project area has a very low potential to experience liquefaction. Although the proposed project is located in an area where landslides may occur,the project is not expected to increase the potential for landslides. Roadway and pond maintenance projects are expected to reduce the possibility of future slumping of material into creeks and drainages on site. Furthermore,all major earthwork projects will be designed by a qualified Certified Engineering Geologist,with cut,fill,and grading of material implemented in a manner avoiding the potential for landslide.Work will be conducted during the dry season to reduce the possibility of a rain driven landslide event. b) Result in substantial soil erosion or the loss of topsoil? El El Q El c) Be located on a geologic unit or soil that is unstable,or El El 0 ❑ that would become unstable as a result of the project,and potentially result in on-or off-site landslide,lateral spreading,subsidence,liquefaction or collapse? 18 I d) Be located on expansive soil,as defined in Table 18-1-B of ❑ Q 0 the Uniform Building Code(1994),creating substantial risks to life or property? d) Be located on expansive soil,as defined in Table 18-1-B of El El 0 0 the Uniform Building Code(1994),creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of ❑ ❑ ❑ Q septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The project would continue existing grazing use of the project area. The Plan establishes conservative livestock stocking rates and requires monitoring of Residual Dry Matter to ensure adequate vegetative cover and prevent overgrazing,to avoid the potential for increased erosion. Fences,dense vegetation,and steep rugged slopes prevent livestock access to most of the project area creeks and streams,reducing the potential for sedimentation into watercourses. Furthermore,aquatic habitat protection measures will be implemented as part of the Plan. In general,the existing seasonal ranch roads on and accessing the property are in good condition and do not show signs of significant soil erosion. Road maintenance will be performed according to District Standards for Erosion Control and will incorporate Best Management Practices for work near aquatic habitats,when applicable. Work will be conducted during the dry season to reduce the potential for soil erosion or downstream movement during the rainy season. Finally,the project is not located on a geologic unit or soil that is unstable, expansive or located on landslide,lateral spreading, subsidence,liquefaction or collapse prone soils. Primary soils at the site are loam or clay-loam soils of the Gazos and Lobitos series. No septic tanks or alternative waste water disposal systems will be installed as part of the project. j Sources: California Division of Mines and Geology CD-ROM 2000-004(2000).Official Map of Alquist-Priolo Earthquake Fault Zones,Half Moon Bay Quadrangle. 1974,revised 2000. Association of Bay Area Governments,online liquefaction map.(http://www.abag.ca.gov/bayarea/egmaps/liquefac/bayaligs.gif)accessed online August 2009. United States Geological Survey.Half Moon Bay,Woodside 7.5-minute series quadrangle maps. 1991. Less Than Significant E Potentially with Less Than VII. GREENHOUS G AS EMISSIONS Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a)Generate greenhouse gas emissions,either directly or 0 El ❑ Q indirectly,that may have a significant impact on the environment? The project would not allow public access to the project area and therefore will not increase vehicular traffic to and from the site. Cattle ranching currently exists at the site and the project does not increase the amount of land proposed for grazing. Cattle are emitters of methane gas,a contributor to greenhouse gases(GHGs). The number of cattle on the site will be limited based on the prescriptions listed in the Plan,therefore there will be no increase in cattle grazing as part of the project. Minor improvements to the site to enhance grazing infrastructure,such as fencing installation and pond maintenance projects,will be minor and brief. To decrease the potential effects of climate change,California has enacted regulations such as the Global Warming Solutions Act of 2006(Assembly Bill 32)to decrease emissions of CO2 and other GHGs.The Scoping Plan for AB 32 includes voluntary actions that private and public landowners can implement to reduce GHGs. These voluntary actions include conserving biodiversity,providing recreation,promoting sustainable forest management,and utilizing fuel management strategies that can potentially reduce the risk of catastrophic fire. 19 The District's mission is "To acquire and preserve a regional greenbelt of open space land in perpetuity;protect and restore the natural environment;and provide opportunities for ecologically sensitive public enjoyment and education. By buying and protecting open space lands in perpetuity,the District is preventing land use conversion from open space into developed land. Catastrophic wildfires may cause a decline in the carbon sink of forests,which are located in proximity to the project site. The District implements practices to manage wildland fuels and reduce fire hazards,including the use of conservation grazing. b)Conflict with an applicable plan,policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The Range Management Plan does not conflict with an applicable plan,policy,or regulation aimed at reducing GHGs. Sources: East Bay Regional Park District Carbon Sequestration Evaluation. 2008. Prepared by lCF Jones&Stokes for East Bay Regional Parks District,Oakland,CA. California Air Resources Board. 2008. Climate Change Proposed Scoping Plan: a framework for change.Available: littp:,,,www.iirb.c,i.izov/cc/scopitiizplatl/docunict)t/adooted scoving plan.pdt Sacramento,CA. Less Than Significant V111. HAZARDS AND HAZARDOUS MATERIALS Potentially with Less Than Significant Mitigation Significant Would the project: Impact Incorporation Impact No Impact a) Create a significant hazard to the public or the El environment through the routine transport,use,or disposal of hazardous materials? The proposed project does not include the routine transport,use,or disposal of hazardous materials that would result in a significant hazard. Following approval by the District's Range Ecologist,small quantities of common pesticides used in grazing operations may be used by the grazing operator or contractor. All such use would be in compliance with all herbicide application regulations and would follow the District Pest Control Recommendation. The quantity and location of all pesticide use would be reported to the District and the County on a monthly basis. Minor improvements to the site to enhance grazing infrastructure,such as fencing installation and pond maintenance projects,will be minor and brief and require few vehicles and equipment and will be used for a short duration of time. Vehicle emissions and dust generated from project construction are considered less than significant due to the small scale and short duration of each improvement. b) Create a significant hazard to the public or the QEl environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Under the Grazing Lease,the grazing operator or contractor is required to follow all necessary regulations involved in the transportation and storage of hazardous materials. Public access is not currently allowed at the project site and no change to public access is proposed as part of the Rangeland Management Plan. In the event an unintended spill or other hazardous material incident occurs,District Rangers trained in first aid will be available as first responders to potential emergencies,until a hazardous materials team can arrive.The District's radio and repeater system together with ranger and staff availability on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event of a hazardous materials emergency. c) Emit hazardous emissions or handle hazardous or acutely 1:1 El 11 2 hazardous materials,substances,or waste within one- quarter mile of an existing or proposed school? 20 d) Be located on a site which is included on a list of El Q hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, [.7f where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, El 11 ❑ Q would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuationplan? There are no schools within a quarter mile of the project area. Due to the rural character of the project area,the distance to neighboring structures,and the minimal amount of hazardous materials that will be used as a result of the project,adjoining landowners will not be affected by hazardous materials involved with the project. The project is not located on a known hazardous materials site. The project is not located within an area affected by an airport land use plan or within two miles of an airport. The project is not located within the vicinity of a private airstrip.Project implementation will not interfere with any emer enc res onse plans,or evacuation plan. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? According to the California Department of Forestry and Fire Protection,the project area is located in both a moderate and high fire hazard zone,based on vegetation type(fuel loading),slope and weather.This designation notwithstanding,the project would not change the degree of exposure to wildfires.The ongoing grazing operation on the project site reduces the fire risk through reduction in wildland fire fuels. Equipment operation has the potential to ignite fires;however adequate fire suppression tools including an"ABC"fire extinguisher and hand tools will be required on site during the project to extinguish any accidental ignitions.During periods of high fire danger,no vehicles having catalytic converters shall be allowed off of established roadways. In addition,District Ordinance 93-1, Section 404,prohibits fires and smoking on District lands. District Rangers trained in fire-fighting techniques and carrying fire suppression equipment regularly patrol the Preserve. District staff are often first responders to fire emergencies,with the primary fire protection falling to the California Department of Forestry,County Fire Departments,and municipal fire protection agencies.The District's radio and repeater system together with ranger patrols and staff on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event of a wildland fire or -emergency response call. Sources: Google Maps.www.google.com(maps.Search of project site and school locations.Information accessed on September 21,2009. Midpeninsula Regional Open Space District.Regulations for Use of Midpeninsula Regional Open Space District Lands. Adopted by Ordinance No.93-1,July 28, 1993.Last Revised and Adopted by Ordinance No.04-01,August 25,2004 I 21 I i Less Than Significant IX. HYDROLOGY AND WATER QUALITY Potentially with Less Than Significant Mitigation Significant Would theproject: Im act Incorporation Impact No Impact a) Violate any water quality standards or waste discharge El El El Q requirements? No actions are planned as part of the project that could violate water quality standards or waste discharge requirements. Nutrient and pathogen pollution from livestock animal waste can result from rangeland grazing, but most often occurs when livestock are confined and animal wastes are concentrated. The Plan sets the stocking rates and includes prescriptions for rotations to prevent overconcentration of cattle at the site. Cattle access to waterways will continue to be controlled. The Plan includes fencing locations where cattle frequent waterways to prevent uncontrolled livestock usage of riparian areas. Any infrastructure improvements or other ground-disturbing activities are minor and brief and in nature and will be done followingBMP's per the Plan. b) Substantially deplete groundwater supplies or interfere 0 El 2 El substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No depletion in groundwater or recharge is expected to occur,although pond improvements that increase ponding duration may result in a slower recharge locally at a pond site. In addition,springs may be further developed to increase water cachement to augment existing livestock water supply. These improvements and minor,however,and would not have substantial effects on groundwater 1 r su o recharge c) Substantially alter the existing drainage pattern of the site ❑ ❑ 0 El or area, including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? Pond improvement projects are designed to provide livestock with a longer-duration water source,reducing the need to water cattle in project area creeks. This action is expected to reduce erosion and sedimentation from the existing condition. Best Management Practices incorporated into the Plan will minimize the chance for construction-phase impacts to water quality: all project work will be completed during the dry season,and any disturbed soil will be revegetated with native plants prior to the rainy season to reduce the potential for sediment transport and run off to enter waterways. Furthermore,all road maintenance and improvement projects will be performed according to the District's Details and Specifications Guidelines,which require that all projects maintain hydrologic connectivity of streamcourse and wetland areas, and when possible,incorporate landform restoration to restore natural hydrological patterns. � 1 d) Substantially alter the existing drainage pattern of the site El Q ❑ or area,including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? Infrastructure improvements designed to increase alternative sources of livestock drinking water will be minimal and will not cause a significant impact to hydrology patterns or an increase in surface water runoff that would result in flooding.No rivers or streams will be altered as a result of the project. Any future projects to divert or store streamwater from Lobitos Creek would be subject to all applicable permits and further CEQA review. Prescriptions from the Plan such as pond improvements are designed to reduce sedimentation and erosion through berm repair,pond recontouring,and spillway improvements. Culvert installation and other roadway improvements will be designed to avoid,to the maximum extent possible,any construction-phase or use-related erosion and sedimentation into watercourses. 22 e) Create or contribute runoff water which would exceed the ❑ ❑ El 0 capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? El ❑ ❑ 0 g)Place housing within a 100-year flood hazard area as ❑ 0 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ ❑ [✓( ❑ which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, ❑ ❑ © ❑ injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j) Inundation by seiche,tsunami,or mudflow? ❑ ❑ ❑ [� The ponds are used for watering purposes and not human consumption so no existing stormwater drainage systems are in place. No housing is associated with the project,and no housing will be placed in the 100 year floodplain as a result of the project. The proposed project is located in a grassland and forest setting with no manmade structures within the area of impact. Due to the project location,no risk of inundation from seiche, tsunami or mudflow is expected to occur. Due to the small size of the ponds,and remote location,there is no significant risk of human injury or death from downstream flooding. Any downstream sediment or water I inundation would dissipate locally within the Preserve before reaching a populated area or public road system. Roadway and pond improvement projects are expected to reduce the possibility of erosion and flooding. Work will also be conducted during the dry season which will reduce the possibility of a flooding event during construction activities. Less Than Significant X.LAND USE AND PLANNING Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Physically divide an established community? ❑ ❑ b) Conflict with any applicable land use plan,policy,or ❑ ❑ ❑ [.71 regulation of an agency with jurisdiction over the project (including,but not limited to the general plan,specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or ❑ 11 ❑ 0 natural community conservationplan? The project is located in a rural setting and does not physically divide an established community. The project is consistent with the San Mateo County General Plan in that the Preserve is designated General Open Space and Agricultural/Grazing Lands.The agricultural/grazing designation allows for cattle grazing. Therefore, current and future use of the land for cattle usage remains consistent with San Mateo County's General Plan. No applicable habitat conservation plan or natural community conservation plan is in place for the project location. Sources: San Mateo County,General Plan,accessed online:(http://www.sforoundtable.org/P&B/pb_general_plan.html)accessed San Mateo County,Zoning Regulations,July 1999.Available online at: (http://www.co.sanmateo.ca.us/vgn/images/portal/cit_609/944158OZregs-wp.pdf) San Mateo County.General Plan.Section 6 Park and Recreation Resources Policies,Section 9 Rural Land Use Policies. 1986. 23 San Mateo County.Local Coastal Program.June 1998. California Department of Fish and Game,Habitat Conservation Planning Branch. California Department of Fish and Game,Natural Community Conservation Planning Program. http://www.dfg.ca.gov/nccp/.November 4,2001 Less Than Significant X1. MINERAL RESOURCES Potentially with Less Than Significant Mitigation Significant -Would the project: Impact Incorporation Impact No Impact a) Result in the loss of availability of a known mineral El resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important El mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? No mineral resources locally important or of value to the region are designated on local general or land use plans or are known to occur at the project site. Less Than Significant X11. NOISE Potentially with Less Than Significant Mitigation Significant Would the project result in: Impact Incorporation Impact No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive E] EI 0 0 groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels E] El 2 in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient E] El noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ❑ 0 where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, El 11 2 would the project expose people residing or working in the project area to excessive noise levels? 24 According to the San Mateo County General Plan Noise Element, significant noise impacts occur when the noise levels are equal to or above 60 Community Noise Equivalent Level(CNEL). Exterior noise exposure levels of 70 CNEL or greater are considered significant for residential developments according to the State of California. Within the Preserve,current ambient noise levels are well under 60 CNEL.Noise-generating activities such as driving of vehicles to the project area,and operation of vehicles and equipment would occur during daytime hours within the remote setting of the Preserve,well removed from nearby residences. Groundborne vibration and groundborne noise levels will be confined to the immediate area of grazing infrastructure improvements at the project site.No persons are located immediately adjacent to the project site, so there will be no impact.No perinanent increase in ambient noise levels will occur. Improvements prescribed as part of the Rangeland Management Plan are minor,and brief and will not significantly increase the amount of vehicles at the site. During project implementation vehicles and equipment will generate temporary increases in noise levels. However,given that project work will occur in a remote area that is currently closed to public use, the temporary,short-term increase in noise will result in a less than significant impact.The project is not located -within an airport land use plan or within two miles of an airport or private airstrip. Less Than Significant XIII. POPULATION AND HOUSING Potentially with Less Than Significant Mitigation Significant -Would the project: Impact Incorporation Impact No Impact a) Induce substantial population growth in an area,either El El R] directly(for example,by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, El El 11 El necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people,necessitating the El 11 0 Z construction of replacement housing elsewhere? The project is a Rangeland Management Plan for a site with existing grazing,and will not result in population growth,displacement of homes or people. Less Than Significant Potentially with Less Than Significant Mitigation Significant XIV.PUBLIC SERVICES Impact Incorporation Impact No Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: b)Fire protection?Police protection? Schools?Parks?Other 0 0 0 public facilities? The project is a Rangeland Management Plan for a site with existing grazing and will not require the need for new or physically altered government or public facilities(including schools and parks),or additional fire or police protection. The project would increase fire protection by reducing wildland fuel and is also designed to enhance the watering duration of ponds which would provide additional fire suppression services. 25 Less Than Significant Potentially with Less Than XV. RECREATION Significant Mitigation Significant Impact Incorporation Impact No Impact a) Would the project increase the use of existing ❑ ❑ ❑ Q neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require ❑ ❑ ❑ 2 the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The project area is currently closed to public access and recreational use.The Rangeland Management Plan will not result in a change in this status. Less Than Significant XVI. TRANSPORTATION/TRAFFIC Potentially with Less Than Would the project: Significant Mitigation Significant Impact Incorporation Impact No Impact a) Conflict with an applicable plan,ordinance or policy El ❑ ❑ [� establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections,streets, highways and freeways,pedestrian and bicycle paths,and mass transit? b) Conflict with an applicable congestion management ❑ ❑ ❑ Q program,including,but not limited to level of service standards and travel demand measures,or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns,including either ❑ ❑ ❑ Q an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ❑ El ❑ 2 (e.g.,sharp curves or dangerous intersections)or incompatible uses e. . farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ ❑ f) Conflict with adopted policies,plans,or programs ❑ ❑ ❑ Q supporting alternative transportation(e.g.,bus turnouts, j bicycle racks)? The area included in the Range Management Plan will stay closed to public use,therefore no increase in vehicular traffic is expected to occur. Improvements made to grazing infrastructure will be small in scale and short duration and will result in only add a few additional vehicles traveling on the roads to and from the project site.The number of vehicles and trips to the site are not expected to increase traffic to the surrounding area any more than occurrence of a similar small scale single event(such as a cattle roundup,school field trip,private party,or other local events).No change in aircraft patterns is expected as a result of the project. Roads and trails will remain open to routine Ranger patrol and will allow for through access in the event of an emergency. The grazing tenant is obligated to repair and maintain all roads used for the grazing operation th rm f h gr g g p gr gper a terms e grazing lease. The project does not conflict with any adopted plans or programs supporting congestion relief or alternative transportation. 26 XVII.UTILITIES AND SERVICE SYSTEMS Legs Than Significant Would the project: Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact a) Exceed wastewater treatment requirements of the ❑ ❑ Q applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ❑ ❑ Q ❑ wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ❑ Q drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ❑ ❑ Q project from existing entitlements and resources,or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ❑ ❑ 2 provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? f) Be served by a landfill with sufficient permitted capacity ❑ El ❑ Q to accommodate the roject's solid waste disposal needs? g) Comply with federal,state,and local statutes and ❑ Q regulations related to solid waste? The project does not include new facilities requiring restrooms,and will therefore not result in the generation of new sources of wastewater or exceed est ablished wastewater standar ds. The Range Management ent Plan may improve water quality by limiting cattle access to streams. Pond improvements will be adequately sized to better accommodate storm water drainage.No new or expanded entitlements are needed,no wastewater treatment, landfills,or solid waste is associated with the project. Less Than Significant '.... Potentially with Less Than Significant Mitigation Significant XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Impact Incorporation Impact No Impact a) Does the project have the potential to degrade the quality ❑ Q ❑ 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? The purpose of the project is to integrate the principles of conservation grazing into an existing cattle ranching operation. In general,the project is expected to result in improved habitat suitability for fish and wildlife,and may increase the amount of native plant species within project-area grasslands. The Plan includes small construction projects to improve and maintain ranch infrastructure. Best Management Practices have been incorporated into the Plan and will reduce any construction-phase impacts to biological and cultural resources to less than significant levels. See Section IV,Biological Resources. b) Does the project have impacts that are individually ❑ ❑ ❑ Q limited,but cumulatively considerable?("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current 27 I _ projects,and the effects of probable futureprojects)? The project will not result in significant cumulative effects to the environment. c) Does the project have environmental effects which will 0 cause substantial adverse effects on human beings,either directly or indirectly? The project will not cause substantial adverse affects on human beings I I I 28 i Midpeninsula Regional Open Space District i i R-10-137 Meeting 10-30 November 10, 2010 AGENDA ITEM 8 I AGENDA ITEM Informational Presentation on the Parking Issues along Purisima Creek Road GENERAL MANAGER'S RECOMMENDATION Receive a presentation on the Parking Issues along Purisima Creek Road. SUMMARY At the June 24, 2009 Board meeting held in Half Moon Bay, parking issues along Purisima Creek Road were brought to the District's attention by concerned members of the public and Purisima Creek Redwoods Open Space Preserve neighbors. At that meeting, the District assured the public and neighbors present that it would keep them informed as the District worked through the issues they raised. This report is the latest in a series of communications intended to fulfill that commitment. The parking lot for the popular coastside trailhead provides only seven parking spaces and parking often overflows to the limited roadside of the narrow public road. Staff has discussed the possibility of expanding parking at the Preserve trailhead with San Mateo County and Coastal Commission staff, feasibility concerns were raised because of the proximity to Purisima Creek and riparian vegetation as any potential parking or associated driveway improvements must lie outside the Coastal Commission's definition of a required 50-foot riparian setback. Staff will work with Coastal Commission and San Mateo County staff, and a biological consultant, to obtain a riparian delineation survey for the project area to determine the feasibility of parking lot expansion. Also, staff is working to provide greater roadway width for emergency vehicle access and additional "No Parking" signs along the road segment which is already designated"No Parking." DISCUSSION At the June 24, 2009 Board meeting held in Half Moon Bay, members of the public raised a number of questions and concerns regarding the current parking situation on Purisima Creek Road. This parking is associated with visitation at the District's Purisima Creek Redwoods Open Space Preserve(Preserve), which offers 24 miles of trail across approximately 3,360 acres. The lower Preserve trailhead currently provides approximately seven parking spaces. The lower R-10-137 Page 2 trailhead is very popular among Coastsiders and others who wish to enter from a lower elevation where trail grades are less steep. This popularity has resulted in roadside parking along the edges of Purisima Creek Road, which is a narrow, two-lane, paved public road maintained by San Mateo County. In October 2009, District staff met onsite with San Mateo County planners to discuss current parking conditions and explore the possibility of expanding parking in the interior of the Preserve at an existing flat next to the Preserve restroom. Based on these conversations, County planners raised concerns regarding the feasibility of obtaining permitting clearance from the Coastal Commission given the close proximity to Purisima Creek and riparian vegetation. Questions were also raised regarding the feasibility of allowing emergency vehicle clearance and constructing an ingress/egress two-lane driveway. Based on County feedback, District staff prepared a preliminary conceptual design plan showing a possible layout for additional Preserve parking to facilitate initial discussions with the Coastal Commission on the permitting feasibility of such a proposal given the restrictive site constraints and close proximity to Purisima Creek. The draft conceptual parking lot design plan included parking stalls for up to 25 vehicles, revegetation adjacent to the existing riparian corridor, and a sediment/oil catch basin. After submitting the conceptual plan to the Coastal Commission, District staff worked to schedule a meeting with Coastal Commission and San Mateo County planning staff. An onsite meeting was scheduled, however, due to the unpaid furloughs for state workers, the meeting was canceled and staff has been unable to reschedule it due to limited Coastal Commission staff availability and workload. In lieu of a site meeting, the District initiated a phone conference with Coastal Commission staff on September 17, 2010, to move the project forward. After viewing and discussing site photos, the conceptual design for additional parking, and the constrained site conditions with the Coastal Commission over the phone, Coastal Commission staff stressed the need for a riparian survey to confirm whether or not the potential parking and associated driveway improvements lie outside the Coastal Commission's definition of a required 50-foot riparian setback. This information would then confirm the permitting feasibility of an expanded parking area. According to Coastal Commission staff, the precise limits of the riparian j corridor of Purisima Creek must be established in order to determine if the project could be permitted. Moreover, it was made clear that any facility associated with an expanded parking area, including a driveway or turnaround, would need to be outside the riparian setback. The existing patrol road would also need to lie outside this 50-foot setback for it to be included as art of the proposed driveway or as parking stalls for an expanded parking area because such a p p p Y p g p p g conversion in use would result in an overall increase in the intensity of use. This restriction may severely limit the area that can be converted to parking, and therefore, the number of spaces that can be provided. This restriction may even preclude the ability to improve the driveway to access additional parking spaces. These determinations will be made once the riparian survey is completed. Staff will work with Coastal Commission and San Mateo County staff, and a biological consultant, to obtain a riparian delineation survey for the project area by the end of March. At the same time, staff is working to provide greater roadway width for emergency vehicle access and"No Parking" signage along the road segment already designated"No Parking." FISCAL IMPACT There is no fiscal impact associated with this presentation. J I - R-10-13'7 Page 3 PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This informational presentation is not a project under the California Environmental Quality Act. Since the Board will be making no final decisions or commitments concerning the potential project, no environmental review is required at this time. In the event the Board determines to proceed with a project, environmental review will occur prior to such a decision. NEXT STEPS Staff will work to obtain a riparian delineation survey for the project area by the end of March. Also, staff will work with the Purisima Creek neighbors to provide greater roadway width for emergency vehicle access and"No Parking" signage along the road segment already designated "No Parking." Prepared by: Gretchen Laustsen, Open Space Planner I Contact person: Ana Ruiz, Planning Manager _l ' IMidpeninsula Regional Open Space District R-10-107 Meeting 10-31 November 10, 2010 AGENDA ITEM 9 AGENDA ITEM Approval of the proposed purchase of the Holmes Lumber Company property as an addition to Bear Creek Redwoods Open Space Preserve, located on the north side of Summit Road approximately one-half mile east of Bear Creek Road in unincorporated Santa Clara County (Assessor's Parcel Number 544-50-009); Adoption of the Preliminary Use and Management Plan; and Approval of a categorical exemption in accordance with the California Environmental Quality Act (CEQA). GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from CEQA as set out in this report; 2. Adopt the attached Resolution authorizing the purchase of the Holmes Lumber Company P Y (Holmes) property; and 3. Adopt the Preliminary Use and Management Plan contained in this report and name the purchased property as an addition to Bear Creek Redwoods Open Space Preserve. SUMMARY The Midpeninsula Regional Open Space District(District) is proposing to purchase the undeveloped and heavily forested 86-acre Holmes property at a price of$2.5 million. The following report presents a description of the property, a proposed Preliminary Use and Management Plan, the environmental review under CEQA, purchase terms and conditions, and budget considerations. DISCUSSION Property Location (see attached map) The Holmes property is located on the north side of Summit Road approximately one-half mile east of the junction with Bear Creek Road. The 86-acre property forms a rectangle of private land extending over one-half mile into the interior of Bear Creek Redwoods Open Space R-10-107 Page 2 ' Preserve (Preserve). It is largely surrounded on three sides by District lands to the north, east and west. The northwest corner of the property is adjacent to the Presentation Center facility which lies near the geographic center of the Preserve. The southern edge of the property fronts on Summit Road, while the southeast corner of the property wraps around an adjacent 20-acre private parcel that also fronts on Summit Road. The Holmes property and the adjacent parcel once formed a single 106-acre ownership that was partitioned in 2007. Property Description and Prior Use The Holmes property is situated within the upper reaches of the Aldercroft Creek drainage. A spring-fed tributary to Aldercroft Creek flows year-round through the property. Steep and densely forested hillsides climb nearly 800 feet in elevation from the northern boundary of the property up towards Summit Road along the southern boundary of the preserve. Redwood and Douglas fir forest predominates within the steep north-facing drainages. The top of the property along Summit Road is relatively flat with a forest mosaic of mixed conifer, oak, madrone and bay trees. As elsewhere within the Bear Creek watershed, Sudden Oak Death (SODS) has affected many of the tanoak trees found on the property. The property has historically been managed for timber production, and has been logged on two previous occasions under the current ownership, most recently in 2008. Despite this history of logging, several stands of second-growth redwood remain within the steep drainages that run through the property, retaining a dense redwood forest canopy and microclimate. Several potential building sites have been cleared along the top of the property and are directly accessible off of Summit Road. One of these sites was used as a log landing during the 2008 timber harvest on the property. An unsurfaced haul road leads a short distance from the property gate at Summit Road to this log landing site. An old skid road, re-opened during the recent timber harvest, drops steeply down a narrow ridge from the log landing into the mixed conifer and oak forest found within the drainages on the west side of the property. District staff inspected this skid road and have determined that it was satisfactorily closed out following the timber harvest to minimize the potential for erosion. A small shed enclosing a domestic well is located a short distance from Summit Road and is the only improvement on the property. Currently inoperable, the well once served the compound located on the adjacent 20-acre parcel prior to the partition of the 106-acre ownership as noted earlier in this report. Significance to the Preserve The addition of the Holmes property to the surrounding protected open space would provide potential opportunities for future trail connections within Bear Creek Redwoods Open Space Preserve. Two key public access goals for this Preserve identified in the draft Sierra Azul/Bear Creek Redwoods Master Plan include developing parking and trailhead access at the junction of Summit Road and Bear Creek Road, and providing a trail connection from this upper area of the Preserve to the lower area in and around the former Alma College property and Bear Creek R-10-107 Page 3 Stables in order to integrate the trail system within the Preserve. Currently no viable trail alignment has been identified within the District's existing ownership that could provide this connection. The Holmes property sits between the proposed Summit Road trailhead site and the balance of the Preserve. Purchase of the property would close this gap in public ownership between the two areas of the Preserve. Additionally, traces of an old roadbed can be found on the property that once served to connect Alma College to Summit Road, which may provide the desired trail connection. Though narrow and mostly obscured by decades of overgrowth, the roadbed remains largely intact, with a relatively consistent road grade potentially suitable to public trail use. Purchase of the Holmes property would also address a third key public access goal identified in the draft Master Plan: the development of a trail connection linking the former Hunt property in the southeastern corner of the preserve (see report R-03-28) and the adjacent Moody Gulch property managed by Santa Clara County Parks to the remainder of the Preserve, particularly to the proposed trailhead parking at Summit and Bear Creek Roads. The Holmes property is situated between the proposed trailhead and this corner of the Preserve. USE AND MANAGEMENT Planning Considerations The Holmes property is located within unincorporated Santa Clara County and is zoned HS (Hillside),requiring a 20 to 160 acre minimum lot size based upon a slope density formula. The property consists of one legal parcel and has a density of one residential site. As mentioned earlier in this report, several potential building sites have been cleared along the top of the property and are directly accessible off of Summit Road. The top of the property has good vehicular access from Summit Road for patrol purposes. The bottom of the property may be accessed by use of the District's patrol easement across the Presentation Center property to reach the existing network of patrol roads on District lands immediately adjacent to the subject property. No roads extend into the bottom of the property from the north. Preliminary Use and Management Plan (Next Steps) The purpose of the Preliminary Use and Management Plan is to establish a status quo land management approach during the interim between the purchase of the property and the completion of the Master Plan for the preserve. The property will be maintained in its current condition with no changes anticipated. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. The Preliminary Use and Management Plan will take effect at the close of escrow and will remain effective until amended or a Master Plan approved for the preserve. Public Access: Designate the property as closed to public use. R-10-107 Page 4 ' Signs and Site Install Preserve boundary and closed area signs where appropriate. Replace Security: gate at Summit Road entrance with a District gate. Resource Conduct invasive plant and animal management activities consistent with the Management: District's standard policies and procedures. Conduct a field reconnaissance to identify and map the extent of Sudden Oak Death(SODS) occurring on the property. Patrol: Routinely patrol the Summit Road entrance to the property. Roads and Implement minor maintenance, erosion and sediment control measures for Trails: internal roads in accordance with District standards. Seasonally monitor the erosion control work previously completed on the logging skid road. Prepare a more detailed road and trail assessment of the entire property as part of the subsequent planning process. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to Bear Creek Redwoods Open Space Preserve. Dedication: Indicate the District's intent to dedicate the property as public open space. Subsequent Integrate the property into the Sierra Azul/Bear Creek Redwoods Open Planning: Space Preserve Master Plan currently under preparation. CEQA COMPLIANCE Project Description The project consists of the acquisition of the 86-acre Holmes property as an addition to the p J q p p Y District's open space preserve system, and the concurrent adoption of a Preliminary Use and Management Plan for the property. The heavily forested property has no improvements. The land will be permanently preserved as open space and maintained in its current natural condition. Minor resource management activities may be conducted as needed to study and an area impacted by Sudden Oak Death (SODS). Minor road maintenance and erosion and sediment control measures would be implemented. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA under Article 19, Sections 15301, 15316, 15317 and 15325 of the CEQA Guidelines as follows: R-10-107 Page 4 Signs and Site Install Preserve boundary and closed area signs where appropriate. Replace Security: gate at Summit Road entrance with a District gate. Resource Conduct invasive plant and animal management activities consistent with the Management: District's standard policies and procedures. Conduct a field reconnaissance to identify and map the extent of Sudden Oak Death(SODS) occurring on the property. Patrol: Routinely patrol the Summit Road entrance to the property. Roads and Implement minor maintenance, erosion and sediment control measures for Trails: internal roads in accordance with District standards. Seasonally monitor the erosion control work previously completed on the logging skid road. Prepare a more detailed road and trail assessment of the entire property as part of the subsequent planning process. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to Bear Creek Redwoods Open Space Preserve. Dedication: Indicate the District's intent to dedicate the property as public open space. Subsequent Integrate the property into the Sierra Azul/Bear Creek Redwoods Open Planning: Space Preserve Master Plan currently under preparation. CEQA COMPLIANCE Project Description The project consists of the acquisition of the 86-acre Holmes property as an addition to the District's open space preserve system, and the concurrent adoption of a Preliminary Use and Management Plan for the property. The heavily forested property has no improvements. The land will be permanently preserved as open space and maintained in its current natural condition. Minor resource management activities may be conducted as needed to study and an area impacted by Sudden Oak Death(SODS). Minor road maintenance and erosion and sediment control measures would be implemented. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA under Article 19, Sections 15301, 15316, 15317 and 15325 of the CEQA Guidelines as follows: { R-10-107 Page 5 Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The property will be closed to the public, minor resource management activities will occur, and existing roads will be maintained according to District standards. Section 15316 exempts the acquisition of land in order to create parks if the site is in its natural condition and the management plan proposes to keep the area in its natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in its natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the property. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure the property is preserved as open space by incorporating it into Bear Creek Redwoods Open Space Preserve. The actions recommended in the Preliminary Use and Management Plan are also exempt under Section 15061(b)(3), which exempts any activity where, upon preliminary review of the project by the lead agency, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The District has determined that there is no possibility the recommended actions will have a significant effect on the environment. TERMS AND CONDITIONS The 86-acre Holmes property is being purchased for$2,500,000 (approximately$29,070 per acre) which includes $320,000 in residual timber value. The purchase price is considered fair and reasonable in this.market area and is well supported by a staff review of comparable market sales together with a timber appraisal commissioned by staff for this purchase. The purchase price will be paid on an all cash basis at the close of escrow. The property is being purchased on an "As-Is"basis and staff has conducted thorough due diligence investigations and physical inspections of the property to determine that no underground storage tanks or hazardous waste exist. BUDGET CONSIDERATIONS Fiscal Year 2010-2011 Budget for New Land Purchases: New Land Purchases $15,000,000 Land purchased this year $5,525,000 Holmes Lumber Company ro ert ($2,500,000) New Land Purchases budget remaining $6 975,000 R-10-107 Page 6 District Controller Mike Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTICE In addition to required Brown Act notices, property owners of land located adjacent to or surrounding the Holmes property have been mailed a copy of the agenda for the public meeting at which the Board of Directors will consider this purchase. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District's Foothills Field Office will manage the property as an addition to Bear Creek Redwoods Open Space Preserve. Attachments: Resolution Exhibit A: Location Map Prepared by: Michael Reeves, Real Property Specialist Contact person: Same as above Graphics prepared by: Alex Roa, GIS Intern RESOLUTION 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (BEAR CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF HOLMES LUMBER COMPANY) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: 1. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between the Midpeninsula Regional Open Space District and Mildred M. Holmes, an unmarried woman, Holmes Lumber Company, a general partnership, John M. Pero and Jennai T. Pero, husband and wife, and Larry Holmes, an unmarried man, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein(the "Holmes Property"). 2. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on behalf f p o the District. 3. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. 4. The General Manager is authorized to expend up to $5,000 to cover the District's share of closing costs, site clean up and security costs and other miscellaneous costs associated with this purchase. 5. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. 6. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of$2,500,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Holmes Property that are paid before the date of issuance of the obligation. r�w r 1 W x Holmes roperty Bear Creek Rd' o,� > } S d Ra Moody Gulch `L,L s S.C. County Exhibit A: Holmes Lumber Property Location Midpeninsula Regional Open Space District MROSD Watarghcri I an i LUlU Other Protected Open Space Uctober . or Park Lands ® 0 02 0.4 o.s des ' Midpeninsula Regional Open Space District R-10-129 Meeting 10-30 November 10, 2010 AGENDA ITEM 10 AGENDA ITEM Consideration of the Guadalupe River Watershed Mercury Total Maximum Daily Load (TMDL) Coordinated Monitoring Plan Cost Sharing Agreement GENERAL MANAGER'S RECOMMENDATION 1. Determine that the recommended action is Categorically Exempt from the California Environmental Quality Act(CEQA) for the reasons set out in this report. 2. Authorize the General Manager to enter into the Guadalupe River Watershed Mercury Total Maximum Daily Load Coordinated Monitoring Plan Cost-Sharing Agreement as set out in this report. SUMMARY The Guadalupe River Watershed Mercury Total Maximum Daily Load (TMDL) was adopted by the San Francisco Bay Regional Water Quality Control Board (Water Board) in 2008. The Water Board issued regulatory letters under the authority of the California Water Code Section 13267 requiring the Midpeninsula Regional Open Space District (District) and other parties to implement a monitoring program to assess the effectiveness of the TMDL implementation. The District and the other parties have developed a coordinated monitoring program acceptable to the Water Board and a cost sharing agreement to fund the implementation of the monitoring program fora period of five years. DISCUSSION The Rancho de Guadalupe Property was purchased by the District and incorporated into the Sierra Azul Open Space Preserve in 1995 (see Report R-95-87). At the time of purchase, inspections identified several locations on the property that are historic sites associated with the Guadalupe Mine, one of several mines within the New Almaden Mining District. The New Almaden Mining District was one of the largest mercury production areas in the world, operating from the mid-1 800s to approximately 1948 and accounting for about five percent of the world's mercury production. Only four other mines in the world extracted more mercury than this historic mining district, top among these being the Almaden mine in Spain, after which this mining district is named. R-10-129 Page 2 In 1988, several water bodies in the Guadalupe River Watershed were identified by the California State Water Resources Control Board (SWRCB) and the Water Board as being impaired by the presence of mercury according to provisions in the federal Clean Water Act, Section 303(d). Being placed on this list triggered the TMDL process for the watershed to address mercury loading to San Francisco Bay. The TMDL is an implementation plan to improve the environmental conditions by addressing mercury pollution in the Guadalupe River Watershed. The TMDL identifies numeric fish tissue concentration targets for methylmercury (the bioavailable form of mercury that bioaccumulates in organisms causing toxicological I effects) in the Guadalupe River watershed that are intended to protect aquatic organisms, wildlife, and humans who consume fish. These objectives are to be realized by establishing allocations for mercury in sediment and methylmercury in the water column necessary to achieve the targets. The Guadalupe River Watershed Mercury TMDL is implemented by the Water Board through the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan). The Basin Plan was amended in 2008, approved by the SWRCB in 2009, and approved by the U.S. Environmental Protection Agency in June of this year. In order to accelerate implementation of the measures within the TMDL, the Water Board, under the authority of California Water Code Section 13267, issued a regulatory letter(known as a"13267 letter")requiring a monitoring plan for mercury in waters downstream of the New Almaden Mining District. The 13267 letter was directed collectively to the County of Santa Clara(County), the Guadalupe Rubbish Disposal Company, the Santa Clara Valley Water District, and to the District (Interested Parties). The 13267 letter encouraged the Interested Parties to develop a Coordinated Monitoring Plan to address watershed-wide mercury monitoring to assess progress in attaining targets identified in the TMDL. In return for this Coordinated Monitoring Plan, the Water Board agreed to waive a requirement for monitoring theindividual mercury load on the Interested Parties' properties. District staff has worked with the other Interested Parties and have developed a Coordinated I Monitoring Plan acceptable to the Water Board. The Coordinated Monitoring Plan will begin monitoring fish tissue methylmercury concentrations and mercury load in 2011 and will extend through 2016. To implement the Coordinated Monitoring Plan, the Interested Parties have agreed upon a Cost Sharing Agreement to share the cost of implementing the monitoring plan. The Count has agreed to (Agreement) p g g p Y �' be responsible for carrying out the Coordinated Monitoring Plan implementation tasks and obtaining the other Interested Parties' review, comment, and input when needed. FISCAL IMPACT The Cost Sharing Agreement allocates the implementation costs among the Interested Parties as follows: 0 Santa Clara County—36.5/o Santa Clara Valley Water District—41.5% Guadalupe Rubbish Disposal Company— 11 Midpeninsula Regional Open Space District— 11 These allocations were developed over a series of meetings held with the Interested Parties to negotiate the cost-share ratios. These allocations were derived beginning with each Interested Parties' relative ownership of historic mine sites or methylmercury production areas (reservoirs). I'I R-10-129 Page 3 Adjustments were then negotiated in order to reach consensus on apportionments that each party felt bore a reasonable relationship to their relative ownership and were acceptable. Overall, these ratios are the result of a negotiated agreement and, while not corresponding with scientific accuracy to potential mercury loading, are considered by staff to fairly allocate costs. All the interested parries recognized the fiscal and resource benefit of reaching a cost-share agreement and made concessions in order to arrive at what are considered reasonable allocations. The overall estimated cost for implementing the Coordinated Monitoring Plan is $557,000, with the District's share over the implementation period from 2010 through 2016 being$61,270, or $12,250 per year for 5 years. These numbers are only estimated costs and the District's share may be lesser or greater depending upon the actual costs incurred by the District's 11% share for implementing the Coordinated Monitoring Plan. While costs will vary based upon actual monitoring costs, since the basic technical requirements and scope of work have been agreed upon, staff does not anticipate these costs to vary significantly, absent unforeseen circumstances. Payments to the County will be made on an annual basis in advance of the estimated implementation costs for the year. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE The Coordinated Monitoring Plan for the Guadalupe River Watershed Mercury Total Maximum Daily Load entails basic data collection on the mercury load and on the fish tissue methylmercury concentration within the Guadalupe River Watershed that will not result in major disturbance to an environmental resource. CEQA Guidelines Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities that do not result in major disturbances to an environmental resource. Therefore, the funding of the Coordinated Monitoring Plan is exempt under Section 15306. NEXT STEPS If this item is approved and upon receipt of an invoice from the Count of Santa Clara for the pp p p Y District's share of expenses for implementation of the Coordinated Monitoring Plan for 2011, staff will issue payment to the County. Annual monitoring reports will be prepared summarizing the data collected for the monitoring year for submittal to the Water Board. Prepared by: Kirk Lenington, Senior Resource Planner Sue Schectman, General Counsel Contact person: Kirk Lenington, Senior Resource Planner i r Midpeninsula Regional ' Open Space District R-10-140 Meeting 10-30 November 10, 2010 AGENDA ITEM 11 AGENDA ITEM Informational Presentation on Lobitos Ridge Property Repair Improvements GENERAL MANAGER'S RECOMMENDATION Receive an informational presentation on the Lobitos Ridge Property repair improvements. SUMMARY The Board will be shown a Power Point presentation by District staff covering the structure and infrastructure repairs and improvements completed at the Lobitos Ridge property at Purisima Creek Redwoods Open Space Preserve. p DISCUSSION At the District's Board of Directors meeting on March 17, 2010, the purchase of the 340 acre POST (Lobitos Ridge) property as an addition to Purisima Creek Redwoods was approved. The terms of the transaction provided that the District would work with POST as it completed repairs and improvements to two residential structures and associated infrastructure located on the property at a cost not to exceed $600,000 (see Board Report R-10-32). These repairs and improvements were completed in August 2010 at a total cost of$507,322. FISCAL IMPACT At the close of escrow on the purchase of the POST(Lobitos Ridge) property, $600,000 was placed in escrow to cover the cost of improvements to the structures on the property. Of the $600,000, $507,322 was spent with$92,678 saved and returned to the General Fund. PUBLIC NOTICE Written notice of this item has been sent to property owners of land located adjacent to or surrounding the Preserve, as well as to Coastside public officials, community interest groups, nonprofit land trusts, conservation-oriented organizations, elected officials, government agencies, and government sponsored organizations within the Coastside Protection Area. s R-10-140 Page 2 CEQA COMPLIANCE This is not a project under CEQA. NEXTSTEP Upon completion of these improvements to the structures at Lobitos Ridge, staff has commenced work on an Agricultural Production Plan and Lease for the property. Prepared by: Elaina Cuzick, Real Property Specialist Michael Williams, Real Property Manager Contact person: Same as above