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Home My Public Portal About20010101 - Agenda Packet - Board of Directors (BOD) (30) Midpeninsula Regional Open Space District Meeting I I-12 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos,California Wednesday, May 11, 2011 CLOSED SESSION MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 5:00 P.m.* REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.m.* AGENDA SPECIAL MEETING 5:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— CLOSED SESSION 1. Conference with Real Property Negotiator—California Government Code § 54956.8 Real Property—20466 Reynolds Road,Los Gatos,California,Santa Clara County APN 575-06-001 Agency Negotiator—Michael Williams, Real Property Manager Negotiating Party—Stanton Revocable Trust,Owner,Thomas Crites,Owners' Representative Under Negotiation—Price and Terms of Real Property Transaction 2. Conference with Real Property Negotiator—California Government Code § 54956.8 Real Property—End of Alamitos Road, Los Gatos,California,Santa Clara County APNs 562-22-039&562- 23-005 Agency Negotiator—Michael Williams, Real Property Manager Negotiating Party—Jason Balaban,Owner Under Negotiation—Price and Terms of Real Property Transaction 3. Conference with Real Property Negotiator—California Government Code § 54956.8 Real Property—Loma Prieta Road,Los Gatos,California,Santa Clara County APN 562-12-004 Agency Negotiator—Michael Williams, Real Property Manager Negotiating Party—United States Department of the Interior,Owner; Christine Roland, Realty Specialist Under Negotiation—Price and Tenns of Real Property Transaction 4. Conference with Real Property Negotiator—California Government Code § 54956.8 Real Property—2200 Lobitos Creek Road, Half Moon Bay,California, San Mateo County APN 066-290- 010,066-290-030&066-290-050 Agency Negotiator—Michael Williams,Real Property Manager Negotiating Party—Bonnie Rapley, Owner; Patrick Ryan,Owners' Representative Under Negotiation—Price and Terms of Real Property Transaction 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- CLOSED SESSION(CONTINUED) 5. Conference with Real Property Negotiator—California Government Code § 54956.8 Real Property—5755 Alpine Road, La Honda,California, San Mateo County APN 080-380-030 Agency Negotiator—Michael Williams,Real Property Manager Negotiating Party—Peninsula Open Space Trust,Owner; Walter Moore,Owners' Representative Under Negotiation—Price and Terms of Real Property Transaction ADJOURN REGULAR MEETING 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- PUBLIC SESSION REPORT ON RETURN FROM CLOSED SESSION(IF NECESSARY)(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ROLL CALL ORAL COMMUNICATIONS-PUBLIC ADOPTION OF AGENDA 7:05 CONSENT CALENDAR 1. Approve Minutes of the District's Special and Regular Meeting—April 13, 2011 2. Approve Revised Claims Report 3. Approve Written Communications—C. Dremann and Citizens of Skyline 7:10 BOARD BUSINESS 4. Approval to Enter into a Three-Year Agreement with San Francisco Bay Bird Observatory to Conduct Bird Surveys and Continue Monitoring the Post-fire Effects of Prescribed Bums on Birds within District Grasslands—J. Silverman 5. Approve the purchase of the Peninsula Open Space Trust(Silva)property as an addition to Russian Ridge Open Space Preserve(located at 5755 Alpine Road, La Honda,California, San Mateo County Assessor's Parcel Number(APN)080-380-030); Approve Grant Agreement with the California State Coastal Conservancy for Funding Assistance with the Proposed Purchase; Adopt the Amended Preliminary Use and Management Plan;Authorize the General Manager to file for Williamson Act Nonrenewal for APNs 080- 380-030 and 080-380-040; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act—M. Williams 6. Addition of Accountant Job Classification to District's Classification and Compensation Plan—K. Drayson INFORMATIONAL REPORTS—Reports on cornpensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff-,opportunity to refer public or Board questions to staff for factual information;request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. 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 of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICATION OF POSTING OF AGENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing amended agenda for the Special and Regular Meeting of the MROSD Board ol'Directors was posted and available for review on May 6,2011,at the Administrative Offices of MROSD,330 Distcl Circle,Los Altos California,94022. The agenda is also available on the District's web site at littp://www.openspace.org. Signed this 6"'day of May,at Los Altos,California. TW40-V District Clerk May 6,2011 L Claims No. 11-08 Meeting 11-12 Date 5/11/11 Revised Midpeninsula Regional Open Space District # Amount Name Description 15126 $3,089,000.00 ## Old Republic Title Company Land Acquisition-Silva Property 15127 $13,450.00 US Geological Survey Joint Funding Agreement For Stream Gage At San Gregorio Creek 15128 $4,500.00 Core Logic Annual Renewal-Assessor's Parcel Maps&Data For San Mateo,Santa Clara&Santa Cruz Counties 15129 $4 420.00 Port ola Park Heights Property YOwners' DohertyRi Ridge Road Maintenance&Improvements Association 15130 $3,981.71 *1 First National Bank Office Supplies/AO Microwave Repair/Halogen Bulb/Required Employment Posters For SAO/Storage Container/Projector/ Projector Case&Supplies/Printer Repair Kit&Supplies/Toner Cartridges/Mail Station&Workstation For SAO 15131 $3,050.78 Gardenland Power Equipment Field Supplies/Grinding Wheel/Mower Parts/Brushcutter Parts /Chainsaw Parts/Helmets/Power Pruner Repair&Parts/Fuel Can/Reciprocator 15132 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 15133 $1,867.10 *1 First National Bank Conferences&Training-League Of California Cities Conference /California Special Districts Association Board Secretary&Clerks Conference/Bay Area Open Space Council Conference/ California Trails&Greenways Conference/CEQA Workshop 15134 $1,643.03 *1 First National Bank Miscellaneous Expenses-Dyer Garage Permit Fees/Nature Center Supplies/Geocaching Supplies/Two Water Storage Tanks For Irrigation-Skyline Ridge Tree Farm Restoration Project/Yard Waste Disposal Fee For AO Landscaping Project 15135 $1,589.58 Monster Mechanical HVAC Service&Repairs-AO 15136 $1,559.67 Alvaro Jaramillo Preliminary Bird Survey At Mt. Umunhum For Public Access Planning&Report 15137 $1,556.00 Cupertino Medical Group Employee Medical Services 15138 $1,545.00 *2 Kevin Grennan Painting&Faux Painting Services-Red Barn Finishing 15139 $1,284.31 *1 First National Bank Uniform Expenses 15140 $1,207.69 Tadco Supply Janitorial Supplies 15141 $1,171.67 John Miller Architect Architect Services For Dyer Garage At La Honda Creek 15142 $1,000.00 *3 Old Republic Title Company Deposit-Land Acquisition 15143 $873.15 Priority 1 Public Safety Equipment Convert Patrol Truck To Maintenance Truck 15144 $871.38 Moffett Supply Company Janitorial Supplies 15145 $774.44 *1 First National Bank Field Supplies/Radio Chest Harness/Propane/Bandsaw Blade /Pet Carrier To Transport Small Animals/Radar Case/Wheels For Welder Generator/Roofing Materials For Deer Hollow Farm 15146 $644.60 *1 First National Bank Event Supplies&Expenses-Postage For"Meet&Greet"Event/ Bay Area Open Space Council Conference Exhibit Fee/Photo Contes Prizes 15147 $637.33 Sol's Mobile Service Vehicle Maintenance&Repairs 15148 $618.70 CMK Automotive Vehicle Maintenance&Repairs 15149 $562.34 Callander Associates Landscape Bay Trail Concept Plan Study At Ravenswood Architecture 15150 $550.00 Shute,Mihaly&Weinberger LLP Legal Services-Planning Advice For La Honda Creek Master Plan 15151 $547.36 Accountemps Accounting Temp 15152 $500.56 *1 First National Bank Vehicle Supplies-Backrest For Patrol Truck/Adaptor Plate For ATV/Tow Chain Bags For Patrol Trucks/LED Taillights/GPS For Patrol Truck 15153 $495.34 Orchard Supply Hardware Field Supplies/Air Hose&Parts/Black Mountain Water System Repairs/Air Compressor Regulator Parts 15154 $488.02 *1 First National Bank Computer&Website Expenses-FFO Internet/Surge Protectors /Firewall&Router For SAO/Multiple Domain Renewals/Email Service Provider For Sending Email Blasts 15155 $476.45 *1 First National Bank Business Related Meals- Management Team Meeting/Board Meetings/GM Local Business Meetings Page 1 of 3 Claims No. 11-08 Meeting 11-12 Date 5/11/11 Revised Midpeninsula Regional Open Space District # Amount Name Description 15156 $445.00 A-Total Fire Protection Five Year Check For FFO Sprinkler System 15157 $380.20 Summit Uniforms Uniform Expenses 15158 $379.65 *1 First National Bank Volunteer Supplies/Docent Events&Supplies-Food For Trail Patrol Enrichment Training/Printing Of Materials For Joint Volunteer&Docent Training 15159 $364.96 Britt, Kristi Reimbursement-Copies Of Potential Photography/Artwork For Inclusion In The Coffee Table Book 15160 $317.43 Goodco Press Printing Services-Change Shift Forms 15161 $301.83 California Water Service Compan Water Service-Windy Hill,AO&Rental Residences 15162 $295.00 Trout Bach,Rebecca Reimbursement-Refrigerator Repair 15163 $283.50 Pat Scarlett Reimbursement-Slender False Brome Treatment 15164 $260.64 Foster Brothers Deadbolt Lock For RSA/Five Combo Locks&Ten Keys-SFO 15165 $246.55 ADT Security Services Alarm Service-SFO 15166 $245.67 The Workingman's Emporium Uniform Expenses 15167 $242.12 Cabela's GPS Accessories&Uniform Expenses 15168 $225.00 *1 First National Bank Membership Dues-California Association Of Public Information Officials 15169 $221_68 *1 First National Bank Advertising,Subscriptions&Books-Survey Monkey Monthly Subscription/Invitation To Bid Advertisement For Skyline Ridge Tree Farm Restoration Project 15170 $200.00 Del Rey Building Maintenance Janitorial Supplies-AO 15171 $191.04 G&K Services Shop Towel Service-SFO&FFO 15172 $180.54 Allied Waste Services Garbage Service-Rental Residences 15173 $173.05 Bruce Barton Pump Service Black Mountain Water System Repairs 15174 $142.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 15175 $119,00 Coastal Sierra Internet Service-SFO 15176 $113.54 McKowan, Paul Reimbursement-Mileage&Volunteer Supplies 15177 $110.96 The Ed Jones Company Uniform Badge 15178 $100.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 15179 $98.72 San Jose Water Company Water Service-Rental Residence 15180 $94.57 *1 First National Bank Rental Residence Expenses-Water System Supplies 15181 $87.00 Miller, Ken Reimbursement-EMT Recertification Fee 15182 $80.00 Northern Energy Propane Tank Rental-Annex 15183 $68.00 San Mateo County Public Health Membrane Filter Testing-Rental Residence/Tick Testing 15184 $60.72 Kelly-Moore Paints Primer&Wall Patch For Painting Office At AO 15185 $60.00 American Red Cross CPR Certification Fees 15186 $60.00 Sanguinetti,David Reimbursement-Cell Phone 15187 $59.37 Forestry Suppliers Notebooks For Field Staff 15188 $51.93 Drayson,Kate Reimbursement-Paint For Office At AO 15189 $45.00 Ace Fire Equipment&Service Oxygen Tank Maintenance For Two Patrol Trucks Company 15190 $17.00 Forensic Analytical Asbestos Testing-Building At ECDM 15191 ($42.04) *1 First National Bank Visa Finance Charges-Reversed From Last Month Statements 15192 R $2,778.68 Clean Harbors Environmental Services Emergency Response-Hazardous Materials Clean Up And Containment At Bear Creek Redwoods 15193 R $1,344.00 California Department Of Fish&Game Routine Maintenance Activity Fees 15194 R $836.00 Ideal Restoration Water Damage Abatement-Rental Residence 15195 R $480.59 San Jose Water Company Water Service-RSA 15196 R $366.09 Recology South Bay Dumpster Service-FFO 15197 R $267.61 CMK Automotive Vehicle Maintenance&Repair 15198 R $150.00 Soil Control Lab Soil Test-Lobitos Farm Area Page 2 of 3 Ili Claims No. 11-08 Meeting 11-12 Date 5/11/11 Revised Midpeninsula Regional Open Space District # Amount Name Description 15199 R $148.58 Tadco Supply Janitorial Supplies 15200 R $136.17 Sampson Tractor&Equipment Tractor Supplies Company 15201 R $92.05 O'Reilly Auto Parts Vehicle Supplies 15202 R $80.00 R.H.F. Inc. Radar Recertification 15203 R $5735 Protection One Fire Inspection&Monitoring-AO 15204 R $5,95 Barron Park Supply Plumbing Supply Total $3,156,463.37 *1 Urgent check issued 4/6/11 The total amount for First National Bank is$12,539.08 *2 Urgent check issued 4/29/11 *3 Urgent check issued 5/5/11 ## In the event agenda item is not approved,this claim will not be processed Page 3 of 3 f Claims No. 11-08 Meeting 11-12 Date 5/11/11 Midpeninsula Regional Open Space District # Amount Name Description 15126 $3,089,000.00 ## Old Republic Title Company Land Acquisition-Silva Property 15127 $13,450.00 US Geological Survey Joint Funding Agreement For Stream Gage At San Gregorio Creek 15128 $4,500.00 Core Logic Annual Renewal-Assessor's Parcel Maps&Data For San Mateo, Santa Clara&Santa Cruz Counties 15129 $4,420.00 Portola Park Heights Property Owners' Doherty Ridge Road Maintenance&Improvements Association 15130 $3,981.71 *1 First National Bank Office Supplies/AO Microwave Repair/Halogen Bulb/Required Employment Posters For SAO/Storage Container/Projector! Projector Case&Supplies/Printer Repair Kit&Supplies/Toner Cartridges/Mail Station&Workstation For SAO 15131 $3,050.78 Gardenland Power Equipment Field Supplies/Grinding Wheel/Mower Parts/Brushcutter Parts /Chainsaw Parts/Helmets/Power Pruner Repair&Parts/Fuel Can/Reciprocator 15132 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 15133 $1,867.10 *1 First National Bank Conferences&Training-League Of California Cities Conference /California Special Districts Association Board Secretary&Clerks Conference/Bay Area Open Space Council Conference/ California Trails&Greenways Conference/CEQA Workshop 15134 $1,643.03 *1 First National Bank Miscellaneous Expenses-Dyer Garage Permit Fees/Nature Center Supplies/Geocaching Supplies/Two Water Storage Tanks For Irrigation-Skyline Ridge Tree Farm Restoration Project/Yard Waste Disposal Fee For AO Landscaping Project 15135 $1,589.58 Monster Mechanical HVAC Service&Repairs-AO 15136 $1,559.67 Alvaro Jaramillo Preliminary Bird Survey At Mt. Umunhum For Public Access Planning&Report 15137 $1,556.00 Cupertino Medical Group Employee Medical Services 15138 $1,545,00 *2 Kevin Grennan Painting&Faux Painting Services-Red Barn Finishing 15139 $1,284.31 *1 First National Bank Uniform Expenses 15140 $1,207.69 Tadco Supply Janitorial Supplies 15141 $1,171.67 John Miller Architect Architect Services For Dyer Garage At La Honda Creek 15142 $1,000.00 *3 Old Republic Title Company Deposit-Land Acquisition 15143 $873.15 Priority 1 Public Safety Equipment Convert Patrol Truck To Maintenance Truck 15144 $871.38 Moffett Supply Company Janitorial Supplies 15145 $774A4 *1 First National Bank Field Supplies/Radio Chest Harness/Propane/Bandsaw Blade /Pet Carrier To Transport Small Animals/Radar Case/Wheels For Welder Generator/Roofing Materials For Deer Hollow Farm 15146 $644.60 *1 First National Bank Event Supplies&Expenses-Postage For"Meet&Greet"Event! Bay Area Open Space Council Conference Exhibit Fee/Photo Contes Prizes 15147 $637,33 Sol's Mobile Service Vehicle Maintenance&Repairs 15148 $618.70 CMK Automotive Vehicle Maintenance&Repairs 15149 $562.34 Callander Associates Landscape Bay Trail Concept Plan Study At Ravenswood Architecture 15150 $550.00 Shute,Mihaly&Weinberger LLP Legal Services-Planning Advice For La Honda Creek Master Plan 15151 $547.36 Accountemps Accounting Temp 15152 $500.56 *1 First National Bank Vehicle Supplies-Backrest For Patrol Truck/Adaptor Plate For ATV/Tow Chain Bags For Patrol Trucks/LED Taillights/GPS For Patrol Truck 15153 $495.34 Orchard Supply Hardware Field Supplies/Air Hose&Parts/Black Mountain Water System Repairs/Air Compressor Regulator Parts 15154 $488.02 *1 First National Bank Computer&Website Expenses-FFO Internet/Surge Protectors /Firewall&Router For SAO/Multiple Domain Renewals/Email Service Provider For Sending Email Blasts 15155 $476.45 *1 First National Bank Business Related Meals- Management Team Meeting/Board Meetings/GM Local Business Meetings Page t of 3 � ii 4 I i Claims No. 11-08 Meeting 11-12 Date 5/11/11 Midpeninsula Regional Open Space District # Amount Name Description 15156 $445,00 A-Total Fire Protection Five Year Check For FFO Sprinkler System 15157 $380.20 Summit Uniforms Uniform Expenses 15158 $379.65 *1 First National Bank Volunteer Supplies/Docent Events&Supplies-Food For Trail Patrol Enrichment Training/Printing Of Materials For Joint Volunteer&Docent Training 15159 $364.96 Britt, Kristi Reimbursement-Copies Of Potential Photography/Artwork For Inclusion In The Coffee Table Book 15160 $317.43 Goodco Press Printing Services-Change Shift Forms 15161 $301.83 California Water Service Compan Water Service-Windy Hill,AO&Rental Residences 15162 $295.00 Trout Bach,Rebecca Reimbursement-Refrigerator Repair 15163 $283.50 Pat Scarlett Reimbursement-Slender False Brome Treatment 15164 $260.64 Foster Brothers Deadbolt Lock For RSA/Five Combo Locks&Ten Keys-SFO 15165 $246.55 ADT Security Services Alarm Service-SFO 15166 $245.67 The Workingman's Emporium Uniform Expenses 15167 $242.12 Cabela's GPS Accessories&Uniform Expenses 15168 $225.00 '1 First National Bank Membership Dues-California Association Of Public Information Officials 15169 $221.68 "1 First National Bank Advertising,Subscriptions&Books-Survey Monkey Monthly Subscription/Invitation To Bid Advertisement For Skyline Ridge Tree Farm Restoration Project 15170 $200.00 Del Rey Building Maintenance Janitorial Supplies-AO 15171 $191.04 G&K Services Shop Towel Service-SFO&FFO 15172 $180.54 Allied Waste Services Garbage Service-Rental Residences 15173 $173.05 Bruce Barton Pump Service Black Mountain Water System Repairs 15174 $142.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 15175 $119,00 Coastal Sierra Internet Service-SFO 15176 $113.54 McKowan, Paul Reimbursement-Mileage&Volunteer Supplies 15177 $110.96 The Ed Jones Company Uniform Badge 15178 $100.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 15179 $98.72 San Jose Water Company Water Service-Rental Residence 15180 $94.57 "1 First National Bank Rental Residence Expenses-Water System Supplies 15181 $87.00 Miller, Ken Reimbursement-EMT Recertification Fee 15182 $80.00 Northern Energy Propane Tank Rental-Annex 15183 $68.00 San Mateo County Public Health Membrane Filter Testing-Rental Residence/Tick Testing 15184 $60.72 Kelly-Moore Paints Primer&Wall Patch For Painting Office At AO 15185 $60.00 American Red Cross CPR Certification Fees 15186 $60.00 Sanguinetti,David Reimbursement-Cell Phone 15187 $59.37 Forestry Suppliers Notebooks For Field Staff 15188 $51.93 Drayson, Kate Reimbursement-Paint For Office At AO 15189 $45.00 Ace Fire Equipment&Service Oxygen Tank Maintenance For Two Patrol Trucks Company 15190 $17.00 Forensic Analytical Asbestos Testing-Building At ECDM 15191 ($42.04) *1 First National Bank Visa Finance Charges-Reversed From Last Month Statements Page 2 of 3 • Claims No. 11-08 Meeting 11-12 Date 5/11/11 Midpeninsula Regional Open Space District # Amount Name Description Total $3,149,719.90 *1 Urgent check issued 4/6/11 The total amount for First National Bank is$12,539.08 *2 Urgent check issued 4/29/11 *3 Urgent check issued 5/5/11 ## In the event agenda item is not approved,this claim will not be processed Page 3 of 3 i Mid peninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: May 6, 2011 Re:• Written Communications April 21 Communication from Mr. Dremann.txt From: Craig Dremann - Redwood City seed Company [Craig@astreet.com] Sent: Thursday, April 21, 2011 9:49 AM TO: BOARD; craig@astreet.com; Michelle Radcliffe Cc: post@openspacetrust.org; Sue Schectman; Mike. 7arske@fire.ca.gov; Managers subject: Russian Ridge $20M fire damage stipulations need signing. BOARD@openspace.org mradcliffe@o ens ace.org Mike..7arske@firepca.gov post@openspacetrust.org h man ens ace.or ssc ect o @ p p g Managers@openspace.org Dear Mid-pen Board, Management, Attorney, CAL FIRE and POST, Thank you for your email and letter from April 14. It does not make sense, when an agency like POST expends a whole lot of effort to acquire properties with unique natural resources on them like Russian Ridge, then, when your agency gets them you mismanage the resource to death, as I describe at http://www.ecoseeds.com/invent.html? After six years and over 200 emails about the negligent and illegal management of the Russian Ridge preserve, our best non-serpentine wildflower fields and native grasses in Northern California, the Board has brought us back with your latest email , to square one--where you deny everything and give vague promises to do something better in the future. when I was growing up, when we kids would give my Godfather, some made up, unbelievable story, like how the dent was put in the car that we had been driving, he would reply with a long, drawn out, "H0000rrrrrse- shiiiiiiiiiittttt" and we would all laugh and tell him the truth. All I have been getting from the Board for the last six years, is one pile of horse shit after another, and it must stop now. The resource that you have been destroying for fourteen years, is not like a dented car that can be easily fixed. It is unique and our best example of non-serpentine wildflowers in northern California, for a 250 mile radius of the Bay Area. Your negligent and illegal management of Russian Ridge has done an estimated $20 million in damages that must be fixed starting this year, while the native species still have viable seed in the soil to work with. if too much time passes, which has been 14 years already in pplaces, the viable native seeds in the soil underneath the exotics, will lose tk�eir germination over time. And by going out and spraying Russian Ridge with herbicides last month, without any EIR in the midst of negotiations, and after your attorney made a written promise that you would contact the public with any future management plans before implementation, and did not--those actions really show how reckless your District is, when managing our unique and our best example in northern California of wildflower habitat. The only alternative that I see, is that since CAL FIRE did the actual damages, that they are liable for the $20 million dollars for the fire damage mitigation? But since you wrote hold-harmless agreements with CAL FIRE with a $1,000,000 cap per burn for property damages, I do not see how involving CAL FIRE for mitigation costs would work in court. so the ball is back in the District's court. I was hoping that we could agree Page 1 �I April 21 Communication from Mr. Dremann.txt on the thirteen stipulations that are posted at http://www.ecoseeds.com/stipulations.html , but your District seems to want Superior court Judges to resolve controversies, rather than through direct negotiation with the public, or by playing environmental chicken? Even if we go to court, the court is going to automatically put us together for ADR to resolve the lawsuit, so why not get some details ironed out before court? should we ask for one of the attorneys from the Governor's office of Planning, who knows CEQA by heart, to come from Sacramento and mediate our controversy? I already talked to one on the phone, and they may be able to come and help us if asked? in the same time that you and CAL FIRE were killing 900/6 of the native grass cover at Russian Ridge, and eliminated several key grassland species with the fires and the resulting massive increase in weed cover--Michael Shaw in Santa Cruz County took a similar sized piece of land, and brought it back to 99% native plant cover--that Cindy Roessler has visited and seen the results. it is sad to think that the $300,000 that the District spent on the Kephart weed management study of Russian Ridge in the 1990s, could have been better used to manually clear out every single weed from Russian Ridge in the last 14 years, eliminating the need for any burns. if you had Just done an EIR before the first burn, the public could have suggested that alternative, and saved the resource and the District $20 million in damages. we cannot waste any more time to get to the mitigation started, while the native seeds that are buried underneath the exotics spread b the fires are P Y losing viability every month. Let's see if we can get a signed agreement by the Board on at least a few of the easy stipulations. we need to start talking details, instead of denying everything and giving the public vague promises for the future, and no more horse shit please. we need to get the details of the Russian Ridge wildflower and native grass damages nailed down right now, so that the fire damage mitigation efforts that are going to take many years and many millions of dollars--the District can complete to the EIR this summer, so that the resurrection and restoration of that unique resource can begin this fall . Sincerely, Craig Dremann (650) 325-7333 Page 2 May 11, 2011 Mr. Craig Dremann Redwood Seed Company Craig@astreet.com Re: Russian Ridge Open Space Preserve Dear Mr. Dremann: The District's Board of Directors has received your recent email correspondence dated April 21, 2011. As the Board stated in its April 13, 2011 response to you,the Board acknowledges and respects the sincere interest and concerns you have expressed about prescribed burns at Russian Ridge Open Space Preserve and informed you that the District will be undertaking further CEQA review of vegetation management in District preserves.The Board has directed staff to further analyze and monitor conditions at Russian Ridge, including undertaking additional CEQA review.The Board will consider all of your input during that process. You've also expressed concerns about herbicide application at Russian Ridge. Staff has recently provided you with extensive information and maps describing the District's careful management practices when applying herbicides on target invasive plants species. We will welcome your input when further CEQA review of vegetation management commences. Constructive input will help the District in its future assessment of vegetation management. We feel that your input will be best addressed in a public and transparent process designed to elicit views from all interested parties and agencies. We regret you are dissatisfied with the Board's previous correspondence. We hope you will participate constructively with us as we move forward. Sincerely, Larry Hassett, Board President Midpeninsula Regional Open Space District o c� i'arcIe I os Ito5.GA q,,,c) 1 65009 I26o PETITION TO CAL-FIRE, STATE OF CALIFORNIA, COUNTY OF SAN MATEO, and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND . PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTOR CYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROADI IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE BLVD. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTENANCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE COULD SEE SKYLINE NOWI MSORD Board of Directors, Genera! Manager, and Staff. This petition expresses the concern of the public over the poor maintenance of Skyline Blvd. Recently we have observed brushing on Skyline north of highway 9, and]]]we applaud Cal Fire and The County of San Mateo Fire dept for this good beginning. We want to insure that maintenance continues. What does it mean for you? A. Skyline is the access route to your parks and trails and should be taken care of. B. Abundant brush and dead trees are a visibility-and fire-prevention problem. Non-native scotch broom is taking over. This is not the scenic corridor we want to see! C. Many people come to your park territory and never get on a tr ail roads are part of the public mandate. What can be done? A. Lobby the state. Skyline Blvd. is one of the heaviest used-roads of the Bay Area. B. Have the maintenance contract awarded to the firm that maintains Highway 9 from 35 to Boulder Creek. This stretch of the road is impeccably maintained. Why? t C. Put pressure on Cal Fire and San Mateo County to pressure the State of California. i D. Take responsibility for the removal of the Scotch Broom that is choking the •- > road at the entrance of your Skyline headquarters. i i A copy of the signed petition is available at the District's Administrative Office. If you would like to receive a copy, please contact Michelle Radcliffe, District Clerk at 650-691-1200 or via e-mail at mradcliffe*a.openspace.org MSORD Board of Directors, General Manager, and Staff. This petition expresses the concern of the public over the poor maintenance of Skyline Blvd. Recently we have observed brushing on Skyline north of highway 9, and]]] we applaud Cal Fire and The County of San Mateo Fire dept. for this good beginning. We want to insure that maintenance continues. What does it mean for you? A. Skyline is the access route to your parks and trails and should be taken care of. B. Abundant brush and dead trees are a visibility and fire prevention problem. Non-native scotch broom is taking over. This is not the scenic corridor we want to see! C. Many people come to your park territory and never get on a trail...the roads are part of the public mandate. What can be done? A. Lobby the state. Skyline Blvd. is one of the heaviest used roads of the Bay Area. B. Have the maintenance contract awarded to the firm that maintains Highway 9 from 35 to Boulder Creek. This stretch of the road is impeccably maintained. Why? C. Put pressure on Cal Fire and San Mateo County to pressure the State of California. D. Take responsibility for the removal of the Scotch Broom that is choking the -"i'road at the entrance of your Skyline headquarters. PETITION TO CAL FIRE, STATE OF CALIFOPNIA, M , E-0 OPEN SPACE DISTRICT /N 1 A-F G t) WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 'r SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECtiNG THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTORCYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROADI IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAPS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE ' THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST WNY THOUSANDS OF DOLLARS, WHEN PROPER MAINTAENCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX IOL.LARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE 'Ct JVL tEUNE hfOW! _ r2__ cat— � l ?pAkt LN HWDk RD I I rvr-.k RW ) 'IOHvisow Monet QG k 0tr'1140 O/" 114 HE6 Ct�VAE IL 2H-E WO' Ee 3N`d'OAIVE410E MO,ft WAE suw vw Ewcim. n2E OE 1.* iwa tiEbvni wn21 NvAii Cori WOU 1)+OneVMDe Ok Dorrvia +volm D!'.'IE.iE6ISEE C'kSQ/'J+OC M 1tie AAWIEM LidVlHVoF= Di-.CH. IHE L 090EH OE Vrb1L'T`!SC> VVO $1:ArIOE MAE . 1HEifE Mb2 V 2. 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C49 A 9Y-G 6 ZVO z �7 A.- S� �r�Y e eo �z� Y PETITION TO CAL FIRE, STATE OF CALIFORNIA, COUNTY OF SAN MATEO, and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTOR CYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROAD! IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE BLVD. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTENANCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE i COULD SEE SKYLINE NOW! 5 /� PETITION TO CAL FIRE, STATE OF CALIFORNIA, COUNTY OF SAN MATEO, and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTOR CYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROAD! IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE BLVD. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTENANCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE COULD SEE SKYLINE NOW! CA CpQrs �eT3 3 aq l 5A't PETITION TO CAL FIRE, STATE OF CALIFORNIA, COUNTY OF SAN MATEO, and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTOR CYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROAD! IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE BLVD. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTENANCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE COULD SEE SKYLINE NOW! C�S � Go ( ZI. ve4o Lt'j L�uS �ufvS C_� �ISc� Z `.Jd�t,•—� �v q .t c,�v «� 2�`L.o 3 `--�-p l `;,J(�� a z 3 7ir�G�-rrrr SS ?Z �c c�e�1 IRCel Z 3 as Cjjfs twf Aw( [-(Q #6- CA qK3d(� Ck Y ?oC � z PETITION TO CAL FIRE, STATE OF CALIFORNIA, COUNTY OF SAN MATEO, and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT VVE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTOR CYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROAD! IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE BLVD. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTENANCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE COULD SEE SKYLINE NOW! PETITION TO CAL FIRE, STATE OF CALIFORNIA, COUNTY OF SAN MATEO, and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTOR CYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROAD! IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE BLVD. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTENANCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE COULD SEE SKYLINE NOW! �✓�-9' 12- 2 f S 1"� nc e�-f. .S ti� J vs 2 J C� �S 1 Z;� !, S_ c� `Cc� `T'r � rr � f'� � ct5�C r{ PETITION TO CAL FIRE, STATE OF CALIFORNIA, COUNTY OF SAN MATEO, and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTORCYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIQENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROAD! IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE BLVD. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTENANCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE COULD SEE SKYLINE NOW! �� a T LA, 0A C- oo Sl4j L-'�I � o U-AQ-`/ ✓°'f" Qc yam' c;- // Lj/L �gr�S,Ey -777 San On 16n;o 2d- `��,L �T�d�'G G�� R t I S�� ✓d�` PETITION TO CAL FIRE, STATE OF CALIFORNIA, COUNTY OF SAN MATEO, and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A- CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTOR CYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROAD! IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE BLVD. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTENANCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS- LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE COULD SEE SKYLINE NOW! (toy c Aa(\ iCoadb` �(�� ► enneuJic_K D►r~ z5o jvo cA q`�dg7 ICX_ AvOalt" Po o k C,c' S,?s5 C'k �(/��c v. � � S l /< (=ICJ �C W � C`!c ►J ►? S C��W y V/.-�L � T ��O �' 7 IV\_ ��'-rP PETITION TO CAL FIRE, STATE OF CALIFORNIA, COUNTY OF SAN MATEO, and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. II A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTOR CYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROAD! IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE BLVD. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTENANCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE COULD SEE SKYLINE NOW! ICI I� �;� lo,r,• • Sr�� QwZ 9� st E 1 T%r,UL4�4 cc--9Q----, /" r.4 ke r'- �� a,� 5C. rh�cn 4J }ctnrk 76S' i Sze- "S4� (AJV-431 G ....-_ ..... Dov, �p 0cA I C �+ C � Y y Of 'PA VPu(14 -)Pry � 4/1 570 onm M omm k)4T tGL tip' j• 1-7 i - AI L$4,tCA 9Yo- �/'�j, p I CP\ El 355 Foot UvfL Z q�f 7 ter,^rr,�� A jc, nn L 6iv p r Fro F-Rsoc1 \� c� o�c ., r J rA) 1 -( s z 1 r6 �4,0 ck- Do TS �'t �'/ tclOcc� CX O T-1 i Nrjvs (3 14cK ad �� Sz�'� 1-0 ��'� ,,oC►� �a��s P k Y5-2 Z03 C-.4m 4\4t � � 5 1 V ' ZaA � r t3� f i i /�57�3 xy xJfla Sr- YLr cc. 3a Sho c� tad � � 1 fv� T`V58 q�t3o3 c s / w GJ) ),03 go � � P';ITION TO CAL FIRE, STATE OF CALIFORNIA, emu. na SAN MATEOOOPEN SPACE DISTRICT WE THE CITIZENS REQUEST PROPER MAINTENANCE OF HIGHWAY 35 SKYLINE BLVD, RETURNING THIS NATIONAL SCENIC CORRIDOR TO IT'S FORMER BEAUTY AND FUNCTION. A: CUT BRUSH FOR PROPER VISABILITY AND FIRE PROTECTION. THIS IS THE MAIN FIRE BREAK PROTECTING THE PENINSULA'S FOREST AND PARKLAND. SKYLINE BLVD IS ALSO A FAVORITE RECREATIONAL CORRIDOR ATTRACTING BICYCLISTS, MOTOR CYCLE DRIVERS, HIKERS, AND DRIVERS OUT FOR A SCENIC VIEW. THERE ARE MANY ACCIDENTS ON THIS ROAD. CUTTING OVER- HANGING TREES AND BRUSH IS ESSENTIAL TO SAFETY. B. GRADE THE ROAD! IT HASN'T BEEN GRADED IN 15 YEARS CAUSING WASHOUTS AND ROAD EROSION. AN EXAMPLE IS THE WASHOUT AT THE CORNER OF ALPINE RD AND SKYLINE DBWE. THERE WAS A 3" DIAMETER TREE GROWING IN THE WATER DRAINAGE DITCH! THIS REPAIR MUST HAVE COST MANY THOUSANDS OF DOLLARS, WHEN PROPER MAINTAENCE WOULD HAVE BEEN AN EFFICIENT USE OF TAX DOLLARS. LADY BIRD JOHNSON WOULD BE ROLLING OVER IN HER GRAVE IF SHE COULD SEE SKYLINE NOW! 1 , Ho /i dei �y 1)7- � S�� I�...a. GIv-.11 `l So 3 3 ob C4 11 �yU?� yt= OL(d)v\,e Al d q 00 C, G u e.�1 4-�c,-` .-'Z l M( 61 .l -;;CE Y-A„v►� �.o - �' n � Cam.. [44, O?cz CA qd6 33 TIA Q �z IC4 #nlo(G- c Q,�G WAX � �a'f(� � 1 ire o2& u�t t � [c,d YYo�O CA, 5 Ta 2.3 /)Ac Alv- Citizens of Skyline c/o W. J. Sorich 22330 Skyline Boulevard La Honda, CA 94020 Dear Mr. Sorich, The District Board of Directors and General Manager received and reviewed the Skyline Community's petition to Cal Fire, Caltrans,the County of San Mateo, and the Midpeninsula Regional Open Space District, to "Request Proper Maintenance of Highway 35 Skyline Boulevard". The District agrees, proper maintenance and care of Skyline Boulevard and other roadways in the Santa Cruz Mountains, which many of the District's Preserves front, is important from both an ecological and scenic perspective. The District tries to use that perspective when maintaining both its boundaries and staging areas. We understand the frustration the community feels in these times of economic recession, with all the cutbacks the State and County have experienced that have resulted in reduced services. However, the District continues to work with our partnering agencies, wherever possible and appropriate, when maintaining District property and in encouraging proper road maintenance in general. The Board of Directors, General Manager, and District Staff received your suggestions of how the District could participate and improve the care of the Skyline Boulevard Corridor. In many cases we agree and have contributed funds and labor towards these concerns as the following response to your suggestions indicates: "We want to insure that maintenance continues. What does it mean to youT" • "Skyline is the access route to your parks and trails and should be taken care of - The District agrees and is participating in the South Skyline Fire Safe Association with the Area Superintendent attending monthly meeting when pertinent issues involving the District are on the agenda. - The District financially contributed$2,000.00 to a roadside fuel reduction project in the summer and fall of 2010, led by CalFire and Caltrans using the California Department of Correction Field Crews (CDC)for vegetation removal. • "Abundant brush and dead trees are a visibility and fire prevention problem. Non-native scotch broom is taking over. This is not the scenic corridor we want to see!" - The District has been one of the more active property owners along Skyline Boulevard, removing invasive weeds and reducing brush where appropriate. - The District worked with Caltrans to get permits for brush removal in their right of way at the trail crossing between the Skyline Ridge Parking Complex and the trailhead into Monte Bello Open Space Preserve. The brush removal opened up the frontage and improved visibility making it safer for District visitors to cross Skyline Boulevard. - The District worked with Cal Fire and the CDC Crews to reduce brush along Portola Heights Road from Skyline Boulevard to the Peters Creek culvert crossing. - Currently, the Area Superintendent is working with the South Skyline Fire Safe Association, Caltrans, and Cal Fire to find funding and encourage the continuation of roadside fuel reduction work along Skyline Boulevard from Black Road to Highway 84. • "Many people come to your park territory and never get on a trail...the roads are part of the public mandate." - The District agrees many people come up to drive through and enjoy the background of District Preserves without ever getting out of their vehicle. We believe District property along Skyline Boulevard is our responsibility and we believe the District does a very good job ofpresenting our staging areas and managing invasive plants along our road side boundary. "What can be done?" • "Lobby the state. Skyline Blvd is one of the heaviest used roads of the Bay Area." - District Staff maintain good working relationships with Caltrans Staff and communicate regularly on projects for improvement. - The District works closely with Caltrans on maintaining and repairing pullouts, runoff erosion, dumping, and vegetation management. - The District is currently encouraging Caltrans and Cal Fire to continue fuel reduction projects along the road frontage. • "Have the maintenance contract awarded to the firm that maintains Highway 9 from 35 to Boulder Creek. This stretch of the road is impeccably maintained. Why?" - Caltrans is responsible for the work on Highway 9 from Skyline Boulevard to Boulder Creek. They would need to respond to the methods that are used in the maintenance of Highway 9. • "Put pressure on Cal Fire and San Mateo County to pressure the State of California." - District Staff works with and maintains a close relationship with Caltrans, Cal Fire, and San Mateo County on issues that affect District Property and Skyline Boulevard in general, as demonstrated in the joint effort of fuel reduction in the Skyline Corridor. • "Take responsibility for the removal of the Scotch Broom that is choking the road at the entrance of your Skyline headquarters." - The District's Resource Management Crew has cleared almost all of the Scotch Broom on District property frontage of Skyline Boulevard between Highway 9 and Alpine Road with the exception of the Coal Creek Open Space Preserve section on the northeast corner of Skyline Boulevard and Alpine Road. Our hope is they will begin to address that area in the fall of 2012. - The Broom located on private property along Skyline Boulevard between Highway 9 and Alpine Road is not the jurisdiction o the District and would need to be a roached rom a p J .f� PP f homeowners concern or through your fire safe association. In closing, I want to emphasize our appreciation for the active involvement and concern the citizens of Skyline express in the management of District Lands. The District is committed to developing and maintaining a cooperative relationship with our neighbors. Together, we believe we can provide a better environment throughout the Skyline Corridor. Thank you for your continued interest in the District. Sincerely, Larry Hassett, Board President Midpeninsula Regional Open Space District Board of Directors ' ( Midpeninsula Regional Open Space District R-11-50 Meeting 11-12 May 11, 2011 AGENDA ITEM 4 AGENDA ITEM Approval to Enter into a Three-year Agreement with San Francisco Bay Bird Observatory to Conduct Bird Surveys and Continue Monitoring the Post-fire Effects of Prescribed Burns on Birds within District Grasslands �^ GENERAL MANAGER'S RECOMMENDATIONS tkli u ' G 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Authorize the General Manager to enter into an Agreement with San Francisco Bay Bird Observatory (SFBBO) for a total contract amount not to exceed $30,039 to continue to monitor bird responses to prescribed burns within District grasslands. The Agreement will continue through March 31, 2014 unless terminated earlier by the District in accordance with the terms of the contract. SUMMARY In order to continue monitoring potential post-fire effects of prescribed burns on birds within grasslands, and to obtain relevant bird survey data, the General Manager recommends continuing annual bird surveys conducted by a science-based bird conservation organization, SFBBO. These surveys will build on previous work,providing site-specific estimates of the bird nesting season on District grasslands and improving the District's knowledge of bird activity within two- to six-year-old burned areas in this biologically-significant region. If approved, this will be the second three-year agreement with SFFBO. DISCUSSION Fire is a naturally occurring disturbance process which has shaped the evolution of California's grasslands. Over the last century the frequency of fires in California grasslands has been greatly reduced, which has contributed to a departure from the historic conditions and in some cases led to a diminished level of diversity and resilience in habitats that are adapted to periodic fires. One important management technique which the District can use to help restore and maintain grasslands is prescribed burns. Prescribed burns in grasslands can assist in controlling non- native species, can recycle soil nutrients, and can increase plant and animal biodiversity. Grasslands also provide important habitat for many species of birds,but the responses of birds to R-11-50 Page 2 prescribed burns are dependent upon many factors including the seasonality, intensity, and frequency of fire. To better understand potential effects on birds from prescribed fire, the District entered into a three-year agreement with SFBBO starting in 2008 to monitor birds within the District grasslands. SFBBO is a non-profit organization dedicated to the conservation of birds and their habitats through science and outreach. As part of the previous contract with the District., SFBBO collected, analyzed, and reported monitoring data in two reports which describe bird surveys within a 2007 burn unit, a 2009 burn unit, and a control unit at Russian Ridge. These reports found no negative impact to birds in the area(one to three years post-fire) and found that the prescribed burns led to improved habitat for grassland-obligate species such as Grasshopper Sparrows, Savannah Sparrows and Western Meadowlark. The new three-year agreement with SFBBO will enable the District to continue to proposed Y two to six ears post-fire) as well as information regarding receive the afore mentioned reports ( y p ) g g the beginning and end of nesting season. If after CEQA review, grassland prescribed burns are approved for use on District lands, the contract will also provide for immediate pre- and post-fire nest monitoring in the event that prescribed burns are undertaken during the term of the agreement. This information will also be valuable when the District undertakes future environmental review of prescribed grassland burns. FISCAL IMPACT The FY2011-12 Budget includes $10,000 for contracted bird monitoring. Expenditures for the project are estimated to be similar for FY2012-13 and FY2013-14. PUBLIC NOTICE Public notice has been provided as required by the Brown Act. No additional public notice is required. CEQA COMPLIANCE The actions to be performed under this contract consist of information collection associated with scientific research, which the District concludes will not result in any disturbance to an environmental resource. Therefore, it is categorically exempt under Section 15306 (Information Collection) of the CEQA Guidelines. NEXT STEPS If approved by the Board, the consultant will begin surveys in May 2011, following issuance of a Notice to Proceed. Annual reports will each include a literature review and discussion of results. Prepared by: Joel Silverman, Resource Specialist I Contact person: Same as above Midpeninsula Regional 9 ' Open Space District EXHIBIT A SCOPE OF SERVICES AND COMPENSATION 1. Scope of Services: Task 1. Breeding Detection Surveys during a Prescribed Burn Year SFBBO shall perform up to eight(8)spot mapping surveys to detect nesting migratory birds in any year in which prescribed burns are to be conducted on District grasslands. Surveys shall be performed upon the request of MROSD staff,and MROSD will provide coordinates of the burn unit. Surveys will involve walking meandering transects throughout the burn unit,recording any observed breeding behavior and/or active nests,and delineating breeding bird territories,if they exist. SFBBO will perform one survey per week for four(4)weeks to confirm presence/absence of breeding birds in the Burn Area. If SFBBO continues to detect breeding birds at week four(4), up to four(4)additional surveys will occur,once(1)per week,until SFBBO confirms the absence of breeding birds.After each survey,SFBBO shall provide a memo and map to MROSD staff within twenty-four(24)hours. Task 2. BreedingDuration Surveys in Non-burn Years Y SFBBO shall perform up to eight(8)breeding bird surveys in each of two(2)non-burn years for a total of up to sixteen(16)surveys to determine breeding season duration for nesting migratory birds in Russian Ridge Open Space Preserve. Surveys shall be performed upon the request of MROSD staff. SFBBO will conduct a literature search to determine approximate breeding start and end dates of the grassland bird species typically found at Russian Ridge,and conduct four(4)surveys timed at the start of breeding(early-season surveys)and the end of breeding(late-season surveys). Surveys will involve walking meandering transects throughout the grassland areas of Russian Ridge,recording any observed breeding behavior and/or active nests. Each year,SFBBO shall provide a memorandum to MROSD staff no later than fifteen(15)days following the late-season surveys.The memoranda shall include results of the literature search and SFBBO staff s assessment of the beginning and end of breeding season for each breeding grassland bird species. Task 3. Point Count Surveys in Prescribed Burn and Non-Prescribed Burn Years SFBBO shall conduct three point count surveys at permanent monitoring points in the Russian Ridge prescribed bum unit and the control unit in nearby grasslands between March 15 and May 15 in 2011,2012,and 2013. SFBBO shall submit a survey report documenting the results of the point counts.The report shall include,at a minimum,an introduction and literature summary,survey methodology including a map of the points,survey results and interpretation/discussion,and management recommendations,if any. The report shall be submitted no later than September 15 of each year. Project Constraints SFBBO shall inform MROSD staff of the approximate location of any Burrowing Owls or their active burrows observed on the Russian Ridge Open Space Preserve by SFBBO during the conduct of other tasks. 2. Compensation (a) Hourly Rate Arrangement: For performance of the Scope of Services by Consultant as herein required,District shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services,at the rates or amounts set forth in the Rate Schedule below according to the following terms and conditions: (b) Not to exceed Limitation on Time and Materials Arrangement: Consultant agrees that Consultant will perform all of the Scope of Services herein required of Consultant for an amount not to exceed 30 039 including all Materials and all reimbursable expenses("Maximum Compensation"). Agreement for Professional or Consulting Services,Exhibit A Page I I RATE SCHEDULE FYI 1/12(Apr-Mar) FY12/13(Apr-Mar) FY13/14(Apr-Mar) Task 1 Breeding Detection Staff Rate Hours Subtotal Hours Subtotal Hours Subtotal Surveys Surveys Biologist $55 78 $4,290 Project management Sr Biologist $65 4 $260 Memos Sr Biologist $65 8 $520 Memos Biologist $55 18 $990 Rate Miles Subtotal Miles Subtotal Miles Subtotal Mileage 0.51* 960 $490 *Current Federal IRS mileage rate;initially.51 cents Task Total $0 $0 $6,550 FY11/12(Apr-Mar) FY12/13(Apr-Mar) FY13/14(Apr-Mar) Task 2 Breeding Duration Staff Rate Hours Subtotal Hours Subtotal Hours Subtotal Surveys Surveys Biologist $55 52 $2,860 52 $2,860 Project management Sr Biologist $65 4 $260 4 $260 Memos Sr Biologist $65 8 $520 8 $520 Memos Biologist $55 16 $880 16 $880 Rate Miles Subtotal Miles Subtotal Miles Subtotal Mileage 0.51* 640 $326 640 $326 *Current Federal IRS mileage rate;initially.51 cents Task Total $4,846 $4,846 $0 FYI 1/12(Apr-Mar) FYI2/13(Apr-Mar) FY13/14(Apr-Mar) Task 3 Point Count Surveys Staff Rate Hours Subtotal Hours Subtotal Hours Subtotal Scouting and Training Biologist $55 0 $0 8 $440 8 $440 Surveys Biologist $55 18 $990 26 $1,430 26 $1,430 Data entry Biologist $55 5 $275 5 $275 5 $275 Project management Sr Biologist $65 5 $325 6 $390 6 $390 Report Sr Biologist $65 25 $1,625 25 $1,625 25 $1,625 Report Biologist $55 10 $550 10 $550 10 $550 Rate Miles Subtotal Miles Subtotal Miles Subtotal Mileage 0.51* 400 $204 400 $204 400 $204 *Current Federal IRS mileage rate;initially.51 cents Task Total $3,%9 $4,914 $4,914 Total $8,815 $9,760 $11,464 3 year total $30,039 3. Consultant's Expenses Agreement for Professional or Consulting Services,Exhibit A Page 2 i i The compensation to be paid to Consultant set out in Section 2 includes all incidental expenses incurred by Consultant in performing services required by this Agreement. 4. Contract Administrators District: Joel Silverman,Resource Specialist I Consultant: Jill Demers,Executive Director Agreement for Professional or Consulting Services,Exhibit A Page 3 Midpeninsula Regional ' Open Space District AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND SAN FRANCISCO BAY BIRD OBSERVATORY THIS AGREEMENT is by and between San Francisco Bay Bird Observatory("Consultant") and the Midpeninsula Regional Open Space District, a public body of the State of California("District").Consultant and District agree: 1. Services.Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount,Consultant agrees to perform all of the Scope of Services herein required of Consultant for$30,039, including all materials and other reimbursable amounts("Maximum Compensation"). Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed,the date services were performed,the number of hours spent and by whom, a brief description of any costs incurred and the Consultant's signature. 3. Term.This Agreement commences on full execution hereof and terminates on March 31, 2014 unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the District, shall be requested in writing to the District's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting.A substantial inducement to District for entering into this Agreement is the professional reputation and competence of Consultant.Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of District. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the District. 5. Insurance.Consultant, at its own cost and expense, shall carry,maintain for the duration of the Agreement, and provide proof thereof, acceptable to the District,the insurance coverages specified in Exhibit B, "District Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement,by delivery of Certificates of Insurance to District. 6. Indemnification.Consultant shall indemnify,defend, and hold District, its directors, officers, employees,agents, and volunteers harmless from and against any and all liability,claims, suits, actions, damages,and causes of action arising out of,pertaining or relating to the negligence,recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents,or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the District, its officers, employees,agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be \\FII-ESERV\Shareall\A-Board Meetings\2011 Reports\I 1-12_May 11,2011_Reg Meeting\4-Award of Contract SF Bay Bird Observatory\SFBBO Agreement 2011-2013.doe Agreement-MROSD and San Francisco Bay Bird Observatory Page 2 applicable to any of such damages or claims for damages. 7. Termination and Abandonment.This Agreement may be cancelled at any time by District for its convenience upon written notice to Consultant. In the event of such termination,Consultant shall be entitled to pro-rated compensation for authorized Services performed prior to the effective date of termination provided however that District may condition payment of such compensation upon Consultant's delivery to District of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay,deliver to District all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which District incurs as a result of such cessation or abandonment. 8. Ownership of Materials.All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software,reports, maps, electronic files and films, and any final revisions,prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of District. All documents and materials of a preliminary nature, including but not limited to notes, sketches,preliminary plans,computations and other data,and any other material referenced in this Section,prepared or obtained in the performance of this Agreement, shall be made available,upon request,to District at no additional charge and without restriction or limitation on their use.Upon District's request, Consultant shall execute appropriate documents to assign to the District the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all District property in Consultant's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement,Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the District. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in,any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify District of the existence of such conflict of interest so that the District may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act(Government Code § 81000 et seq.)respecting this Agreement. 11. Whole Agreement and Amendments.This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to,any third party as a beneficiary of this Agreement or of any duty, covenant,obligation,or undertaking established herein. This Agreement may be amended only by a written document, executed by both \\FILESERV\Shareall\A-Board Meetings\2011 ReportsA 1-12_May 11,2011_Reg Meeting\4-Award of Contract SF Bay Bird Observatory\SFBBO Agreement 2011-2013.doc Agreement-MROSD and San Francisco Bay Bird Observatory Page 3 Consultant and District's General Manager, and approved as to form by the District's General Counsel. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of District's District Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties.Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid,or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement,which shall continue in full force and effect,provided that the remainder of this Agreement,absent the unexcised portion,can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice.Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service,may be given by(i)depositing such notice in the United States mail, registered or certified, return receipt requested,postage prepaid,addressed to a party at its address set forth in Exhibit A; (ii)transmitting such notice by means of Federal Express or similar overnight commercial courier("Courier"),postage paid and addressed to the other at its street address set forth below; (iii)transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or(iv)by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may,by written notice,change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. a. Except to the extent that it provides a part of the definition of the term used herein,the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof,nor taken as a correct or complete segregation of the several units of materials and labor. b. Capitalized terms refer to the definition provide with its first usage in the Agreement. c. When the context of this Agreement requires,the neuter gender includes the masculine, the feminine, a partnership or corporation,trust or joint venture, and the singular includes the plural d. The terms"shall","will","must"and"agree"are mandatory. The term"may"is permissive. e. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. f. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. g. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, UFILESERV\Shareall\A-Board Meetings\201 l ReportsA 1-12_May 11,201 l_Reg Meeting\4-Award of Contract SF Bay Bird Observatory\SFBBO Agreement 201 1-2013.doc Agreement-MROSD and San Francisco Bay Bird Observatory Page 4 subcontractors and employees. i i 1 I \\FILESERV\Shareall\A-Board Meetings\2011 Reports\l 1-12_May 11,2011_Reg Meeting\4-Award of Contract SF Bay Bird Observatory\SFBBO Agreement 2011-2013.doc Agreement-MROSD and San Francisco Bay Bird Observatory Page 5 IN WITNESS WHEREOF, Consultant and District execute this Agreement. MIDPENINSULA REGIONAL OPEN CONSULTANT SPACE DISTRICT San Francisco Bay Bird Observatory 330 Distel Circle 524 Valley Way Los Altos, CA 94022-1404 Milpitas, CA 95035 By: By: Stephen E. Abbors Jill Bluso Demers General Manager Executive Director Date: Date: Attest: Michelle Radcliffe Federal Employer ID Number: District Clerk License Number: Expiration Date: Approved as to form: Susan M. Schectman General Counsel Attachments: Exhibit A Scope of Services Exhibit B District Insurance Provisions i i I \\FILESERV\Shareall\A-Board Meetings\22011 Reports\11-12_May 11,2011_Reg Meeting\4-Award of Contract SF Bay Bird Observatory\SFBBO Agreement 2011-2013.doc Midpeninsula Regional # ' Open Space District r . R-11-14 Meeting 11-12 May 11, 2011 AGENDA ITEM 5 AGENDA ITEM Approve the purchase of the Peninsula Open Space Trust (Silva)property as an addition to Russian Ridge Open Space Preserve (located at 5755 Alpine Road, La Honda, California, San Mateo County Assessor's Parcel Number(APN) 080-380-030); Approve Grant Agreement with the California State Coastal Conservancy for Funding Assistance with the Proposed Purchase; Adopt the Amended Preliminary Use and Management Plan; Authorize the General Manager to file for Williamson Act Nonrenewal for APNs 080-380-030 and 080-380-040; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act 41, GENERAL MANAGER'S RECOMMENDATIONS Alf 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing the purchase of the Silva property from the Peninsula Open Space Trust (POST) and authorizing the General Manager to approve related documents necessary to complete this transaction. 3. Adopt the attached Resolution authorizing the execution of the Grant Agreement with the California State Coastal Conservancy for funding assistance towards the proposed purchase of the POST(Silva) Property. 4. Adopt the Preliminary Use and Management Plan Amendment contained in this report and name the purchased property as an addition to Russian Ridge Open Space Preserve. 5. Adopt the attached Resolution authorizing the General Manager to file,upon close of escrow, a notice of nonrenewal with San Mateo County for the POST(Silva)property(APN 080- 380-030) and the District-owned 136-acre former Silva(Kenyon)property at Skyline Ridge Open Space Preserve(APN 080-380-040), which together comprise the lands subject to the Williamson Act Land Conservation Agreement between San Mateo County, Harriet Miller and Frank Kenyon. 6. Indicate the Board's intent to dedicate this property as open space pursuant to the District's Annual Policy for Dedication of Lands. R-11-14 Page 2 SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to approve a purchase agreement for the 97.5 acre POST (Silva) Property, at a price of$3,090,000. As part of this transact ion, staff is seeking approval f a grant agreement from the California Coastal tal Conservancy in the amount of$500,000 to assist with this proposed property purchase. In addition, the District is proposing to file for non-renewal of the Williamson Act contract with San Mateo County. The following report resents a description of the POST Silva Property, a Y g p p p (Silva) PreliminaryUse and Management Plan the environmental review, the purchase terms and g � conditions, and the financial considerations. DISCUSSION Property Description The 97.5-acre POST(Silva) property is located four miles south east of the Town of La Honda along Alpine Road in unincorporated San Mateo County. The property is surrounded by the Russian Ridge Open Space Preserve to the north and west, and the Skyline Ridge Open Space Preserve to the south and east. The property is also accessible from Alpine Road via Skyline Boulevard (State Highway 35) with close to a mile of frontage along Alpine Road. It is currently owned by POST, which purchased the property from the Silva family on behalf of the District in December 2010. On December 8, 2010, the District Board approved the property purchase, authorized the General Manager to assign the Purchase Agreement to POST and enter into a License and Management Agreement between the District and POST, adopted the Preliminary Use and Management Plan, and approved a Categorical Exemption in accordance with CEQA (see Report R-10-147). Please refer to the December 8, 2010 report for a detailed property description. USE AND MANAGEMENT Planning Considerations The December 8, 2010 report(R-10-147) contains a detailed description of the planning considerations related to zoning, existing structure use, and public access. Several additional planning considerations not previously discussed are presented below. Recently, POST has informed District staff that their Board would like to recognize POST President Audrey Rust, who is retiring this year, in appreciation of her leadership in helping to preserve open space lands of the San Francisco Peninsula and the Santa Cruz Mountains for almost twenty-five years. POST has expressed a strong interest in locating a recognition landscape feature on the POST(Silva)property, because it provides sweeping panoramic views of Mindego Hill and other POST-protected lands, affording an inspiring reminder of all that Ms. Rust has accomplished during her tenure. POST has also expressed a strong interest in expediting public access to the Mindego Ranch area of Russian Ridge Open Space Preserve by assisting the District with the necessary public access infrastructure, such as additional trails and a staging area. Their initial concept includes a recognition site, potential staging area and trailhead at the 2.5 acre flat situated along Alpine Road at the northeast corner of the property. No decision can be made regarding such proposal at this time. Staff will be working with POST over the coming months to clarify their ideas, with the next step being to initiate the District's Use and Management Planning process regarding this concept. R-11-14 Page 3 On February 9, 2011, District staff sent a letter to San Mateo County requesting County General Plan conformity review of the District's proposed property purchase. The POST (Silva) property's General Plan land use designation is General Open Space (OS). County staff declined to schedule the item for County Planning Commission review within the statutorily required County review period, in effect deeming the purchase in conformity with the General Plan. District staff follow-up with County staff identified no concerns regarding the acquisition's conformity with the County General Plan. In 2000, the District purchased the 136-acre Silva(Kenyon)property as an addition to Skyline Ridge Open Space Preserve. Both the POST(Silva) and former Silva(Kenyon) properties are subject to the Land Conservation Agreement between San Mateo County, Harriet Miller, and Frank Kenyon under the California Land Conservation Act of 1965 (also known as the Williamson Act). The former Silva(Kenyon)property is currently subject to a long-term grazing lease as part of the District's conservation grazing program at Skyline Ridge Open Space Preserve (OSP). The 11-acre fallow oat and hay fields on the POST (Silva)property are not physically connected to the grazed lands at Skyline Ridge OSP and likely do not constitute a viable agricultural use due to their small size. According to the California Department of Conservation's Farmland Mapping and Monitoring Program(FMMP), the POST(Silva)property is not well suited to the cultivation of agricultural crops, and does not contain Prime Farmland, Unique Farmland or Farmland of Statewide Importance. The Williamson Act Land Conservation Agreement is a voluntary agreement between a landowner and the County to encourage retaining commercial agricultural use in exchange for property tax reduction. As a government agency, the District is not subject to property taxation. Consequently, the contract imposes an undue administrative burden upon the District without affording any benefits. Staff informed the California Department of Conservation(CDC) regarding the POST (Silva) property purchase, as required. In the past, CDC staff has recommended the District consider filing for contract nonrenewal. Nonrenewal is the standard administrative procedure for terminating a Williamson Act Land Conservation Agreement and the recommended Preliminary Use and Management Plan Amendment for the POST (Silva)property calls for nonrenewal. For administrative consistency, staff also recommends filing a notice of nonrenewal for the former Silva(Kenyon)property, since it is also covered by the same Land Conservation Agreement. These lands would continue to be used for agriculture and open space, in compliance with the existing contract during the ten-year nonrenewal period. Preliminary Use and Management Plan Amendment(Next Steps) The Preliminary Use and Management Plan adopted by the District Board on December 8, 2010 is indicated below. Amendments now proposed to address circumstances that have changed in the last several months are shown below in bold italic and strikeeut text. The Amended Preliminary Use and Management Plan represents a status quo approach to management. The property will be maintained in its current condition, with no physical 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. R-11-14 Page 4 Public Access: Open the trail segment between the current Preserve boundary and Alpine Road to bicycle use. Discourage equestrian and hiking access of this segment. The remainder of the property is closed to public use. Signs and Site Install signs discouraging equestrian and hiking use of the trail to Alpine Security: Road. Install "no parking" signs along Alpine Road. Review and install closed area, preserve boundary and private residence signs where appropriate. Structures and Continue to lease the residence and associated improvements. Install Improvements: appropriate water treatment infrastructure. Maintain the barn, water and sewer systems in working order. Conduct a market analysis and assessment of the most advantageous long- term approach for the improved area, considering the need for operational management presence in this area of the preserve. Options for study include a long-term lease or a term interest sale. Upon completion, return to the Board for further consideration. Resource Conduct invasive plant and animal management activities consistent with the Management: District's standard policies and procedures. Patrol: Routinely patrol the property and the no parking area along Alpine Road. Wildfire Fuel Further assess vegetative communities on the property to determine wildfire Management: management needs. Maintain appropriate defensible space clearances around residential improvements. POST Site For a limited period, allow POST to name specific locations, land Naming: formations, trails, natural and physical features, staging areas or other areas of significance within the property, consistent with the District's "Policy for Site Naming and Gift Recognition": Roads and Maintain existing internal roads and driveways in immediate vicinity of the Trails: improvements in a serviceable condition according to District standards. Maintain the Mindego Ranch access road in serviceable condition, and perform an assessment of any immediate erosion/ sediment control needs. Site Safety Remove and dispose of asbestos pipes, empty fuel tanks and miscellaneous Inspection: debris from the property in accordance with all applicable laws. There are no other known safety hazards on the site. Name: Name the property as an addition to Russian Ridge Open Space Preserve. Williamson Non-renew the Williamson Act contract. Comply with the existing Act: Williamson Act contract during the nonrenewal period. R-11-14 Page 5 Dedication: Withhold dedieation of the^ „efty=-as public open-spaee. dedication status ., . aft fthe subsequent planning p o . Indicate an intention to dedicate this property as public open space, as required by the Coastal Conservancy grant agreement. Subsequent Working collaboratively with POST, study the Planning: feasibility of a POST-sponsored recognition site landscape feature potentially including a public staging area and trail, Implementation of such a feature is contingent on future environmental review and regulatory requirements as well as Further analyze natural resource management needs on the property. The planning process should include public workshops to gather input, and public hearings to review draft and final plans. Prepare further environmental review and obtain necessary permits as needed. The Amended Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Plan is further amended or a Comprehensive Use and Management Plan or Master Plan is approved for Russian Ridge Open Space Preserve. CEQA COMPLIANCE District staff prepared a Categorical Exemption for the purchase of the 97.5-acre Silva property, an addition to Russian Ridge Open Space Preserve, assigning the right to purchase the property to POST, entering into a License and Management Agreement between the District and POST, and the concurrent adoption of a Preliminary Use and Management Plan for the property(for CEQA purposes, "the Project"), which was approved by the Board on December 8, 2010. A Notice of Exemption was filed with the San Mateo County Clerk/Recorder and the California State Clearinghouse on December 9, 2010 and was posted for a period of 30 days in accordance with CEQA. Therefore, the District previously conducted, and the Board approved, the environmental review process required for the POST (Silva)property purchase and the Preliminary Use and Management Plan. However, several new project components are being brought forward for District Board approval herein that were not part of the previous environmental review process. These items consist of approving the Coastal Conservancy Grant Agreement, the Preliminary Use and Management Plan Amendment, and the nonrenewal of the Williamson Act Land Conservation Agreement. Project Description The project consists of approving the grant agreement with the California State Coastal Conservancy and amending the property's Preliminary Use and Management Plan to include public access improvement and natural resource management studies. Ultimately, the property will be included in a future update to the use and management plan for the Russian Ridge Open Space Preserve, which would be subject to further public input and subsequent environmental review. The outcome of this future decision-making process is speculative at this time. The project also includes nonrenewal of Williamson Act Land Conservation Agreement for two assessor's parcels on approximately 233.5 acres of land. With nonrenewal, the agreement will still be effective until approximately 2021. Of the 233.5 acres proposed for nonrenewal, R-11-14 Page 6 approximately 90 acres at Skyline Ridge Open Space Preserve are actively used for commercial agricultural purposes and the District intends to continue this use. An additional 11 acres have been historically used for agriculture,but are not currently used for commercial agricultural production. The remaining 132.5 acres of land under the agreement is not currently used for agriculture, due to inappropriate site conditions. No change in current agricultural or open space uses is anticipated as a result of nonrenewal. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from California Environmental Quality Act(CEQA) under Sections 15061(b)(3), 15378(b)(4), 15262, and 15301 of the CEQA Guidelines as follows: The District concludes that approving the grant agreement with the California State Coastal Conservancy is exempt from CEQA. The action seeks a funding mechanism. Submitting an application to secure grant funds for a potential acquisition neither requires the District topurchase the property nor expend the funds. Approval of this funding mechanism is exempt under CEQA Guidelines Section 15061(b)(3)because it can be seen with certainty that there is no possibility that the establishment of a funding mechanism could cause a significant physical impact on the environment. Moreover, Guidelines Section 15378(b)(4) states that a"project" under CEQA does not include the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The District Board previously determined that the purchase of the property is categorically exempt under CEQA Guidelines Sections 15301, 15316, 15317, 15325, and 15061(b)(3). Section 15262 exempts a project involving only feasibility or planning studies for possible future actions which the agency has not approved, adopted, or funded. The project calls for further planning studies regarding the potential POST recognition site, a public staging area, and additional trail. No decisions are being made now about future physical changes to use, management or public access improvements proposed for the property, and the District retains discretion on these improvements. Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The Preliminary Use and Management Plan Amendment specifies the property will be operated and maintained in its current condition and there will be no expansion of use. The Williamson Act Land Purchase Agreement will not be renewed, with no changes to the use of the property. The actions proposed are also exempt under Section 15061(b)(3), as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS The POST(Silva)property is being purchased at a price of$3,090,000, which is payable in cash at the close of escrow. The purchase price is well supported by an independent fair market appraisal commissioned by the District which values the property at $3,218,000. At the meeting of December 8, 2010, the Board approved the assignment of the District's purchase rights for the R-11-14 Page 7 Silva property to POST allowing the District to pursue a grant application in the amount of $500,000 with the California State Coastal Conservancy(Conservancy). A License and Management Agreement was entered into for managing the property while under POST ownership as part of the Russian Ridge Open Space Preserve. This License Agreement will terminate at the close of escrow. The District's purchase agreement with POST is conditioned upon the approval by the Conservancy of a grant in the amount of$500,000. The Conservancy Board will be considering approval of this grant on May 19, 2011. Upon the anticipated approval of this grant, the District will enter into the grant agreement with the Conservancy and at the close of escrow record an Irrevocable Offer to Dedicate Title in Fee which will memorialize the terms and conditions of the grant. This recorded restriction ensures that the POST (Silva)property provides for resource protection public access open en space and agricultural purposes. The grant agreement also allows the District to pursue a term interest sale of the residential structures on the property ro ert providing Y that the proceeds of such a sale are used for a nearby open space purchase or habitat restoration or public access improvements on the Silva property. In the unlikely event the Conservancy Board does not approve the funding agreement, the purchase of the POST(Silva)property would be reconsidered at a future Board meeting. The Purchase Agreement with POST includes a covenant that provides POST with a five-year right to propose a recognition site in honor of POST's outgoing President, Audrey Rust, at the property. If approved by the District, POST will be responsible for all design, construction and maintenance costs associated with the implementation of the proposed recognition site. Implementation and construction of a recognition site is contingent upon District approval in the context of the District's use and management planning process, CEQA review, and all applicable permitting and regulatory requirements. The purchase agreement also includes a covenant that provides POST a period of five years to recognize significant donors through the naming of a single, specific location, land formation,trail, or other natural feature on the property with small plaques or signs, in accordance with the District's "Policies for Site Naming and Gift Recognition" and subject to approval by the District's Legislative, Funding and Public Affairs Committee. BUDGET CONSIDERATIONS FY2011-12 Budget for New Land Purchases: New Land $13,495,000 Land purchased this year ($ 41,000) POST(Silva) property purchase ($ 3,090,000) New Land Purchase Budget Remaining $10,364,000.00 PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. 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 Skyline Field Office will manage the property as an I R-11-14 Page 8 addition to Russian Ridge Open Space Preserve in accordance with the adopted Preliminary Use and Management Plan. Board approval of the grant agreement will make the funds available for disbursement to the District when requested. Staff will work with POST to clarify their ideas for the recognition site, staging area, and trail, and initiate the Use and Management Planning process regarding these public access improvements. Attachments 1. Three Resolutions 2. Location Map Prepared b : p Y Sandra Sommer, AICP, Senior Real Property Planner Michael Williams, Real Property Manager Contact person: Michael Williams, Real Property Manager Graphics prepared by: Zachary Alexander, Planning Technician I I i RESOLUTION ll- 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 (RUSSIAN RIDGE OPEN SPACE PRESERVE -LANDS OF PENINSULA OPEN SPACE TRUST (SILVA)) 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 Peninsula Open Space Trust and the Midpeninsula Regional Open Space District, 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 POST (Silva)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 of 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 cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. 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$3,090,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the POST(Silva) Property that are paid before the date of issuance of the obligation. RESOLUTION NO. 1 I-_ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF THE GRANT AGREEMENT FOR GRANT FUNDS FROM THE CALIFORNIA STATE COASTAL CONSERVANCY FOR THE PENINSULA OPEN SPACE TRUST (SILVA) PROPERTY PURCHASE WHEREAS, the Legislature has established the California State Coastal Conservancy (Conservancy) under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement these provisions; and WHEREAS, grants are awarded under eligibility guidelines adopted by the Conservancy; and WHEREAS, procedures established by the Conservancy require the applicant to certify, through a resolution, execution of the Grant Agreement and approval of its terms and conditions prior to submission of a request to the Conservancy for disbursement of grant funds; NOW, THEREFORE, be it resolved that the Board of Directors of the Midpeninsula Regional Open Space District hereby: I. Agrees to the terms and conditions of the Grant Agreement; and 2. Has or will have sufficient funds to operate and maintain the funded project; and 3. To the extent permitted by law, agrees to provide any funds needed beyond the grant requested to complete the project funded under this program through the allocation of uncommitted funds; and 4. Authorizes the General Manager, as agent and representative of the Midpeninsula Regional Open Space District, to execute the Grant Agreement, the Irrevocable Offer to Dedicate Title in Fee and all documents necessary to comply with the Conservancy's grant requirements. RESOLUTION NO. 11- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PURSUANT TO GOVERNMENT CODE SECTION 51245 APPROVING THE FILING OF A NOTICE OF NONRENEWAL OF THE WILLIAMSON ACT LAND CONSERVATION AGREEMENT BETWEEN SAN MATEO COUNTY, HARRIET MILLER AND FRANK KENYON WHEREAS, the Midpeninsula Regional Open Space District("District"), upon close of escrow, will own a parcel of land in unincorporated San Mateo County, known as San Mateo County Assessor's Parcel Number 080-380-030, which is subject to a Land Conservation Agreement between San Mateo County, Harriet Miller, and Frank Kenyon under the California Land Conservation Act of 1965 (also known as the Williamson Act); and WHEREAS, in 2000, the District purchased a parcel of land in unincorporated San Mateo County, known as San Mateo County Assessor's Parcel Number 080-380-040, which is also subject to the same Land Conservation Agreement between San Mateo County, Harriet Miller, and Frank Kenyon; and WHEREAS, the mission of the District includes preservation of open space and agricultural lands in perpetuity so that acquisition of such contracted lands accomplishes the purposes of the Williamson Act; and WHEREAS, the procedures established by the County of San Mateo for administering such contracts serve no useful purpose when land is owned by a park or open space agency preserving such lands' open space and agricultural resources, yet such procedures can impose a procedural and financial burden on the District's ability to efficiently carry out its operations; and WHEREAS, the benefits of reduced property tax in exchange for such land preservation is no longer relevant once the District has acquired such lands, as the District is exempt from property tax in most situations. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Authorizes the General Manager of the District, pursuant to Government Code Section 51245, to file a notice of nonrenewal with the Board of Supervisors of San Mateo County for Assessor's Parcel Numbers 080-380-030 and 080-380-040, (currently subject to the same Land Conservation Contract) and, upon close of escrow, both owned by the District. 2. Authorizes the General Manager as agent of the District to execute and submit all documents and take such actions as may be necessary or convenient to accomplish the purpose of this Resolution, or to comply with the requirements of the San Mateo County Code or the State Williamson Act, in order to accomplish the nonrenewal of the contract described above. * * * * * * * * * * * i �, I i _ _ _ ,.> �..., Foo,tkitl3'ri?ark klan fCity;of Palo Aitc) Rancho San "� l Sari Antonio Fr Ci Co Open Space W.M. Fmow i Hidden Villa Preserve 28 Coai Creek, J, QRen Space.' _ 1. '-Pie"serve � ' .,}. ;,. a ,. •r; •-r Ar ` Lqs 7r s D tail e Ode t%'Spreca -3 PFesenve 0 5 10 Miles W Russian Ridge. "' � " i Open Space -- Preserve — Monte Bello Mindego z� ��r Ranch Preserve , Open Skylltre Ridge .. s S r - • - Open`r pace •' .' (Purchased with „•, Preserve °•, t c = / Coastal Conservancy r , i o grant funding ' a " asistance in 2007) A , • POST (Silva) Former Silva gProperty (Kenyon) Property .x • , 7.r ' t Upper ; Stevens Creel(, • Coun y Par J, t k Sam McDonald County Park , Ar a �2 POST Silva Property Location Midpeninsula Regional P Y Open Space District MROSD Preserves - Other Public Agency Potential Staging (MROSD) Area Site Other Protected Open Space Private Property Land Trust April, 2011 � or Park Lands ie Miles 0 0.25 0.5 While the Oistrict strives to use the best available digital data,this data does not represent a legal survey and is merely a graphic Illustration of geographic features. gR Midpeninsula Regional ' Open Space District R-11-61 Meeting 11-12 May 11, 2011 AGENDA ITEM 6 AGENDA ITEM Addition of Accountant Job Classification to District's Classification and Compensation Plan GENERAL MANAGER'S RECOMMENDATION Approve the addition of an Accountant job classification to the District's Classification and pp J Compensation Plan. SUMMARY As a result of the incumbent in the Senior Accounting Specialist position announcing her retirement effective June 30, 2011; District Administration needs to recruit a replacement as soon as possible. However, as part of the Classification and Compensation Study, the Senior Accounting Specialist is recommended to be reclassified to an Accountant to more accurately reflect the position's duties and responsibilities. In order to recruit for the position at the appropriate level, it is recommended that the Accountant job classification be added to the District's Classification and Compensation Plan immediately. DISCUSSION Classification and Compensation Study The 2006 - 2011 Memorandum of Agreement with the District Field Employees Association requires the District to complete a comprehensive classification and compensation survey to determine market placement of the bargaining unit classifications prior to March 31, 2011. At its meeting of June 9, 2010, the Board approved a professional services contract with Koff& Associates for a District-wide classification and compensation study. Due to the 15-month extension of the agreement with the Field Employees' Association, the deadline for completion of the study has been extended. Draft job classifications and corresponding salary recommendations have been completed. Currently, the consultant, Koff and Associates, is completing its report while, concurrently, the General Manager and Administration are finalizing their recommendations. Both reports are scheduled to be presented to the Board of Directors for approval on June 22, 2011. R-11-61 Page 2 Senior Accounting Specialist In April 2011, the incumbent in the Senior Accounting Specialist position announced her retirement effective June 30, 2011. This position is responsible for critical accounting functions including: bi-weekly payroll processing; wire transfers of debt service payments; claims check reconciliation; submittal of financial reports to the State Controller; deposit transfers in the District's checking accounts; preparation of the District's annual financial statements, coordination of the annual financial audit, and other essential functions. Due to the small size of the Accounting section (two positions) and the required technical expertise, in-house resources are not available to cover the position's duties for an extended period of time. Therefore, Administration needs to recruit for this position immediately. Position Reclassification As part of the Classification and Compensation Report that is scheduled to be presented to the Board on June 22, 2011, the Senior Accounting Specialist position is recommended to be reclassified to an Accountant to accurately reflect the current duties and responsibilities of the position. Due to the critical nature of this position and the need to fill it as soon as possible, it is recommended that the Board approve the proposed reclassification in advance of the full Classification and Compensation Report so that recruitment can begin immediately. If the reclassification is approved now, it is estimated that the position will be filled in July. If the position is approved on June 22, 2011, it is estimated the position will not be filled until early October. The position description for the proposed Accountant classification is included as Attachment A to this report. The salary range for the Accountant position is $5,370 to $6,706 monthly. FISCAL IMPACT The incumbent to the Senior Accounting Specialist is budgeted in the upper half of the proposed range for FY2011-12. Assuming the Accountant is hired at the low to mid- Accountant salaryo g g range, there will be minor expenditure savings for FY2011-12. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). R-11-61 Page 3 NEXT STEP If approved, the Accountant recruitment process will commence starting May 17, 2011. Attachment 1. Proposed Accountant Classification Prepared by: Kate Drayson,Administrative Services Manager Annetta Spiegel, Management Analyst—Human Resources Contact person: Kate Drayson,Administrative Services Manager I i i i Midpeninsula Regional Open Space District ATTACHMENT A ACCOUNTANT DEFINITION Under general direction, plans, schedules, assigns, reviews, and participates in the daily operations and activities of a variety of accounting functions, including auditing, analyzing, and verifying financial records, preparing financial and statistical reports, overseeing District payroll, providing information to staff regarding accounting practices and procedures, and reconciling general ledger accounts; prepares year-end audit reports and schedules; provides technical and responsible support to the Administrative Services Manager in areas of expertise; and performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives general direction from the Administrative Services Manager. Exercises general supervision over assigned staff. CLASS CHARACTERISTICS This is a single-position classification that independently performs the full range of accounting duties as well as planning, organizing, overseeing, reviewing, and evaluating the work of accounting staff. Responsibilities include performing diverse, specialized, and complex work involving significant accountability and decision-making. The incumbent organizes and oversees day-to-day activities and operations of the accounting function. This class is distinguished from the Administrative Services Manager in that the latter has overall management responsibility for all administration programs, functions,and activities and for developing, implementing, and interpreting public policy. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. ➢ Oversees District accounts payable, accounts receivable, and payroll activities; provides professional and technical assistance in the administration and implementation of the District's auditing and accounting programs, including financial statements, general ledger, monthly statements, and special projects accounting. ➢ Prepares journal entries and reconciles general ledger and subsidiary accounts related to postings from payroll, accounts payable, and accounts receivable; prepares monthly financial statements, including distributing monthly revenue and expenditure reports to departments; prepares monthly financial and statistical reports. ➢ Oversees and participates in all activities related to the District's payroll function, including the administration of the District-wide time-and-attendance system, preparation and review of related quarterly and annual tax reports, forms, and returns, implementation of periodic salary and benefit changes, preparation of a variety of reports and schedules, and payroll ledger reconciliation; ensures compliance with applicable Federal, State, and local laws, rules, and regulations, and the District's Memorandum of Agreement. ➢ Oversees the preparation of employee and vendor payments for retirement and other benefits. Accountant Page 2 of 4 ➢ Works directly with the external auditors to facilitate the year end audit; prepares audit schedules and reports for external auditors; ensures availability and accuracy of required reports and documentation; sends out notifications to appropriate parties. ➢ Analyzes and reconciles expenditure and revenue accounts, including land acquisition worksheets, capital assets, and long-term debt funds; verifies availability of funds and classification of expenditures; researches and analyzes transactions to resolve problems; processes appropriation transfer requests between accounts; reconciles bank statements to the general ledger; prepares custom reports, graphs,and schedules as needed. ➢ Monitors activities of the assigned work unit; recommends improvements and modifications and prepares various reports on operations and activities. ➢ Plans,organizes,assigns, supervises,and reviews the work of accounting staff. ➢ Evaluates employee performance, counsels employees, and effectively recommends initial disciplinary action; assists in selection and promotion; trains staff in work procedures. ➢ Participates in the development and administration of assigned budget; forecasts additional funds needed for staffing, materials, and supplies; directs the monitoring of and approves expenditures; recommends adjustments as necessary. ➢ Processes debt service obligations, including creating payment schedule, paying annual obligations, posting interest on bonds and notes from statements, updating liability balance, and posting journal entries. ➢ Participates in the compilation and preparation of District budget, including providing salary and benefits data, revenue and expense projections, monitoring expenditures, and preparing and updating cash flow and projections. ➢ Assists in the selection and implementation of new accounting and payroll systems and modification to existing systems. ➢ Interprets, explains, and applies general and governmental accounting/auditing principles and procedures, laws, and regulations affecting the financial operations of the District. ➢ Analyzes financial data and prepares a wide variety of financial reports and statements; prepares reports taken to the Board of Directors and various other committees and boards. ➢ Coordinates technical and financial information and communications with other departments and external agencies regarding auditing,payroll,and accounting issues. ➢ Attends meetings, conferences, workshops, and training sessions, and reviews publications to remain current on principles,practices, and new developments in accounting. ➢ Assists the Administrative Services Manager and/or Controller with special projects as required. ➢ Performs other duties as assigned. QUALIFICATIONS Knowledge of: ➢ Modern principles, practices, and methods of public and governmental accounting and financing, including general accounting, payroll, auditing, and reporting functions and their application to District operations. ➢ Basic principles and practices of budget development,administration,and accountability. ➢ Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility, including the District's Memorandum of Agreement, personnel policies and procedures and related contracts and documents. ➢ Business arithmetic and basic financial and statistical techniques. ➢ Computerized accounting and finance systems and computer software and systems related to accounting and payroll processes. ➢ Research and reporting methods,techniques, and procedures. ➢ Technical report writing and preparation of correspondence. Accountant Page 3 of 4 ➢ Principles and practices of employee supervision, including work planning, assignment, review and evaluation, discipline,and the training of staff in work procedures. ➢ Modern office practices, methods, computer equipment, and computer applications related to work, including word processing and spreadsheet software. ➢ Principles and procedures of record keeping and reporting. ➢ English usage, spelling, vocabulary, grammar,and punctuation. ➢ Techniques for providing a high level of customer service to public and District staff, in person and over the telephone. Ability to: ➢ Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards. ➢ Organize, implement, and direct general accounting, payroll, auditing, and reporting functions and activities. ➢ Analyze financial data and draw sound conclusions. ➢ Evaluate and develop improvements in operations,procedures,policies, or methods. ➢ Analyze, interpret, summarize, and present administrative and technical information and data in an effective manner. ➢ Interpret and apply the policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions. ➢ Conduct research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports. ➢ Supervise, train,plan, organize, schedule, assign,review,and evaluate the work of staff. ➢ Establish and maintain a variety of filing,record keeping, and tracking systems. ➢ Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. ➢ Operate modern office equipment including computer equipment and specialized software applications programs. ➢ Use English effectively to communicate in person,over the telephone, and in writing. ➢ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines. ➢ Establish,maintain,and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to graduation from an accredited four-year college or university with major coursework in accounting, finance, business administration, or a closely related field and two (2) years of responsible professional public accounting experience. Licenses and Certifications: ➢ Possession of a valid California Driver's License. PHYSICAL DEMANDS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification Accountant Page 4 of 4 although standing in and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds. ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. EFFECTIVE: May 2011 REVISED: N/A FLSA: Exempt i Midpeninsula Regional Open Space District I To: Board of Directors From: Stephen E. Abbors Date: May 6, 2011 Re: FYIs i KAidDeniOsUlaRegiDO3l ODeOSpaceDiSt[iCt Memorandum � � � DATE: 5 May 2O\| � � MEMO TO: &1R(}Sl) Board of Directors � � � THROUGH' Stephen /\bbor� (��n�nJ �1 � . . E. ~~�~0 .1011, � FROM: Meredith Manning, Senior Planner � � � _-_'__ Trail | �� | All grading and construction work for the Bridle Trail reroute at Thornewood Open Space Preserve, with the exception of a stream crossing, was completed in 20 10 by Skyline Field Office staff. The trail and � |uudfbon restoration work was tested during tile last winter storm events and was observed toperform � well, only minor shifting and settling occurred within the range of what is normally expected. The � purpose of this project, which was partially funded through outside grants, was to reduce sedimentation to tile aquatic environment byimproving tile Preserve trail system, and reestablish equestrian access from Old La Honda Road to the Skyline Boulevard area via the preserve trail system at Thurnowood, ucouyy that had been cut off following removal of the dilapidated bridge across Dennis Martin Creek in |A99. � � The last remaining component of trail work is to install an equestrian crossing across Dennis Martin � Creek. Replacement of the old bridge with a new, standard bridge was discouraged by engineers who � cited local slope instability, continual soil movement(|unds|idoa),and close proximity tothe Sun Andreas � � Fault zone ua significant factors. Instead, staff moved forward with o plan for a ford crossing with ! concrete steps leading to tile channel and concrete steps across the channel to provide stable footing for � horses. As such, permits for this design were secured from resource agencies and the Town of Woodside. | � � The idea nfu ford crossing was reasonable intheory. ln practice, however, d proved tohe very difficult � to design to allow ease of construction and long-term maintenance due to the type of cobbles and boulders ' forming the creek bed, which are very large and difficult to move. To address these issues, staff developed an alternative crossing idea for u low-water crossing in the fbon ofuuno-piecu, drawbridge- Page | vf2 style, aeuaonu| puncheon that could be relatively easily raised and lowered by *inch when needed. & � seasonal puncheon would allow horse access for the maximum length of time between storm events vvbi|e keeping horse hooves out of the immediate stream channel. A double-locking mechanism would be in � place when the puncheon is raised,and during this time, hikers and dogs would ford the stream as they have done since the bridge was removed in |9PV(vcnnindec the trail system a1Thorneu'uodiy open to � hiking do�umn |cumh und �qu�sbianuacoo|�). � � , ` � Since tile seasonal puncheon crossing iva change to tile original permitted project, District staff recently submitted revised plans that include the new crossing V/tile Town u[Woodside. District staff anticipates � � the need for additional CE()/\ review 10 analysis the potential environmental impacts, if any, of this change. Additional public Outreach will be conducted and an amendment to the Conditional Use Permit will be requested. Since installation oF the seasonal puncheon will not involve grading, the work can be completed at any time during the year, allowing for final implementation to be done by the end of this � Fiscal Year. The projectbudget5arFY2O| ('\2iu $|0,O00, v/hichmhou|dbcudequatetoGnu|izuthe � project. The projecthusremriwcJgrco1 |ouu| aupporiinthcpumtandinKonnu1ionu| puh|iomneetingumndonsiteUae and Management Committee meetings were*e||mttended. & memorandum will bc sent shortly to ' residents and the Trail and Open Space Committees of the Town of Woodside to update them on the project status. � | � � � � � � lhvmewvm|OSU8ddkr rail Update Page 2n[2 Mdeninsu la egio nal Oi penp Space DisRtrict M e m o ra n d u m DATE: 4 May 2011 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abhors, General Manager FROM: Ana Ruiz, Planning Manager SUBJECT: Update on Site 25 Cleanup (Stevens Creek Nature Study Area/Moffett Field) Site 25 Background Site 25 is one of several contaminated sites located at Moffett Field for which the Navy is responsible per the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This site encompasses approximately 230 acres of primarily seasonal wetlands that has been used as part of the Moffett Field stormwater management system since 1953. The western area of Moffett Field is currently owned and operated by NASA Ames Research Center. The District's property, the 54-acre Stevens Creek Nature Study Area, is hydrologically connected to the Moffett Field stormwater retention basin and as such receives diverted stormwater that is collected from the larger Moffett Field complex. The NASA property, which was originally under Navy ownership, and District land have over time received contaminants via stormwater runoff that are a result of Navy past practices and are therefore the responsibility of the Navy to remediate. Contaminants of concerns that have been found in elevated levels on District land include polychlorinated biphenyls (PCBs), Total DDT (pesticide), Zinc, and Lead. As part of the CERCLA response, the Navy has prepared a record of decision (ROD) that was signed by the regulatory oversight agencies, including the US Environmental Protection Agency (USEPA) and the California Regional Quality Control Board— San Francisco Bay Region (Water Board). The ROD identified a remedial action objective (RAO) of reducing 11agc I of 3 concentrations of contaminants of concern in sediment to levels that are protective of ecological receptors. Current Status The Navy recently developed a proposed remedial design approach that is protective of ecological receptors found on bayland habitat. The remedial design was informed by prior sampling, agency review, public input, and the most recent field work completed in November and December 2010, which included: - Site reconnaissance to evaluation the location and access points for Remedial Action, sensitive species, wetlands, and baseline conditions - Survey work - Sediment sampling from the top 6 inches of soil for chemical analysis and top 3 feet for physical analysis; 28 sediment samples were collected for chemicals (PCBs, pesticides, lead, and zinc) analysis and 18 sediment samples for geotechnical analysis - Bulk soil sampling to study the suitability of three reagents to treat and stabilize metals in soil Based on recent investigations, approximately 32 acres within the stormwater basin require remediation (areas that exceed contaminant thresholds). A Remedial Design/Remedial Action Work Plan was released for public agency and interested parties review in late April, of which District staff is currently reviewing. Other entities that are reviewing the Remedial Design/Remedial Action Work Plan for adequacy include NASA Ames Research Center, U.S. Army Corps of Engineers, California Department of Fish and Game, Water Board, USEPA, and U.S. Fish and Wildlife Service. The proposed Remedial Design calls for the excavation of shallow sediment from areas found to have elevated concentrations of contaminants. It is estimated that a total of approximately 28,000 cubic yards of sediment will be excavated from 60 pre-determined polygons at the stormwater basin (includes District land). Confirmation sampling would be taken to ensure that sampled sediments no longer contain elevated levels of contaminants; otherwise additional excavation would occur at six inch intervals to a maximum 2 feet until confirmation sampling shows levels that levels are no longer elevated. If the concentrations are still elevated, then the Site 25 Update Page 2 of 3 I� Navy would plan an appropriate course of action. After completion of the remedial action, the site is expected to be available for unlimited use and unrestricted exposure. The current schedule calls for remediation work to begin in the summer/fall of 2011. I Site 25 Update Page 3 of 3 i I Midpeninsula Regional ' Open Space District I To: Board of Directors From: Stephen E. Abbors 6`' Date: May 11, 2011 Re: Late FYIs i i i I i GENERAL MANAGER Stephen E Abhors Regional OpenSpace Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Yo r iko Kishu-noto Jed Cyr Curt Riffle Nonette Hanko May 9, 2011 Larry Hdssett Cechy Harris Office of Assemblymember Nora Campos State Capitol P.O. Box 942849 Sacramento, CA 94249-0023 Dear Assemblymember Campos: It was a pleasure to meet with your staff member Noe Orosco on March 28, 2011 in Sacramento to discuss AB 612 (Gordon) which would extend the term that the Midpeninsula Regional Open Space District has to repay promissory notes from 20 to 30 years. In doing so, AB 612 would allow us to use our existing taxes more effectively, leading to an increase in the amount available to purchase and preserve vital natural open space lands right now, before they vanish forever. I look forward to seeing you on May 11, 2011 when the bill will be heard by the Committee on Local Government. Sincerely, 2Y4 I � Stephen E. Abbors General Manager cc: Assemblymember Rich Gordon Ralph Heim, Public Policy Advocates MROSD Board of Directors 330 Distel Circle Los Altos,CA 94022 r 6SO 691.i2oo c 65o 69.10485 wvvw.openspace.org i GENERAL MANAGER Stephen EAbbors Regional OpenSpaee Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Yoriko Kishimoto )ed Cyr Curt Riffle Nonette Hanko May 9, 2011 Larry Hassett Cechy Harris Office of Assemblymember Ben Hueso State Capitol P.O. Box 942849 Sacramento, CA 94249-0079 Dear Assemblymember Hueso: It was a pleasure to meet with you in person on March 28, 2011 in Sacramento to discuss AB 612 (Gordon) which would extend the term that the Midpeninsula Regional Open Space District has to repay promissory notes from 20 to 30 years. In doing so, AB 612 would allow us to use our existing taxes more effectively, leading to an increase in the amount available to purchase and preserve vital natural open space lands right now,before they vanish forever. 1 I look forward to seeing youon May 1 , 2011 when the bill will be heard by the Committee on Local Government. Sincerely, Stephen E. Abbors General Manager i cc: Assemblymember Rich Gordon Ralph Heim, Public Policy Advocates MROSD Board of Directors I o cy J i �6 yip `W 330 Distel Circle Los Altos,CA 94022 650 691,1200 ( r 650 691 0485 www.openspace.org (R GENERAL MANAGER Stephen E.Abbors Regional 0 en5 ace I mid peninsula Regional Open Space District BOARD OF DIRECTORS P P P P � P � Pete Siemens Yoriko Klshimoto led Cyr Curt Riffle Nonette Hanko May 9, 2011 Larry Hassett Cecily Harris Office of Assemblymember Mike Davis State Capitol P.O. Box 942849 Sacramento, CA 94249-0048 Dear Assemblymember Davis: It was a pleasure to meet with your staff member Robert Baird on March 28, 2011 in Sacramento to discuss AB 612 (Gordon) which would extend the term that the Midpeninsula Regional Open Space District has to repay promissory notes from 20 to 30 years. In doing so, AB 612 would allow us to use our existing taxes more effectively, leading to an increase in the amount available to purchase and preserve vital natural open space lands right now, before they vanish forever. I look forward to seeing you on May 11, 2011 when the bill will be heard by the Committee on Local Government. Sincerely, Stephen E. Abbors General Manager cc: Assemblymember Rich Gordon Ralph Heim, Public Policy Advocates MROSD Board of Directors 330 Distel Circle Los Altos,CA 94022 650 691-1200 r 650 691.0485 www.openspace.org GENERAL MANAGER Stephen E.Abbors Regional 0 penSpace 1 midpeninsula Regional Dpen Space District BOARD OF DIRECTORS Pete Siemens Yoriko Kishimoto Jed Cyr Curt Riffle Nonette Hanko May 9, 2011 Larry Hassett Cechy Harris Office of Assemblymember Luis Alejo State Capitol P.O. Box 942849 Sacramento, CA 94249-0028 Dear Assemblymember Alejo: It was a pleasure to meet with you in person on March 28, 2011 in Sacramento to discuss AB 612 (Gordon) which would extend the term that the Midpeninsula Regional Open Space District has to repay promissory notes from 20 to 30 years. In doing so, AB 612 would allow us to use our existing taxes more effectively, leading to an increase in the amount available to purchase and preserve vital natural open space lands right now, before they vanish forever. I look forward to seeing you on May 11, 2011 when the bill will be heard by the Committee on Local Government. Sincerely, Stephen E. Abbors General Manager cc: Assemblymember Rich Gordon Ralph Heim, Public Policy Advocates MROSD Board of Directors pp 33o Distel Circle Los Altos,CA 94022 a 6So 69i.12oo I 6So 691 048S www.OpenSpaCe.org GENERAL MANAGER Stephen E Abbots Regional 0 ens ace mid peninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Yoriko Kshimoto Jeri Cyr Curt Riffie Nonette Hanky, May 9, 2011 Larry Hassett Cecily Harris Office of Assemblymember Steven Bradford State Capitol P.O. Box 942849 Sacramento, CA 94249-0051 Dear Assemblymember Bradford: It was a pleasure to meet with your staff member David Johnson on March 28, 2011 in Sacramento to discuss AB 612 (Gordon)which would extend the term that the Midpeninsula Regional Open Space District has to repay promissory notes from 20 to 30 years. In doing so, AB 612 would allow us to use our existing taxes more effectively, leading to an increase in the amount available to purchase and preserve vital natural open space lands right now, before they vanish forever. I look forward to seeing you on May 11, 2011 when the bill will be heard by the Committee on Local Government. Sincerely, Stephen E. Abbors General Manager cc: Assemblymember Rich Gordon Ralph Heim, Public Policy Advocates MROSD Board of Directors 330 Distel Circle Los Altos,CA 94022 650 691 1200 1 650 691-0485 wvvw openspace.org i i } I Midpeninsula Regional OpenS Open Space District For Immediate Release r , Date: April 27, 2011 Contact: Leigh Ann Gessner, 650.691.1200 x566 MROSD opens two miles of new trail National Trails Day is June 4 Los Altos, California [April 27, 20111 —The Midpeninsula Regional Open Space District has completed two miles of new trail in the Monte Bello Open Space Preserve above Palo Alto, in time for the spring wildflower bloom and National Trails Day on June 4. The new trail segment replaces 1 1/4 miles of the White Oak Trail,part of an old, steep ranch road that is being restored to a natural condition. The new trail alignment was constructed by District staff last fall with the goal of reducing erosion while also creating a more scenic, enjoyable trail experience for the public. The trail was kept closed and allowed to "season" over the winter before it was ready to open to the public this week. The new trail follows a more gradual contour and traverses between shady oak woodlands and open grasslands with opportunities to enjoy views of the surrounding Santa Cruz Mountains, blooming wildflowers and hawks soaring overhead. "The care and craftsmanship that District staff put into this project has resulted in a spectacular new trail for the public to experience," said District Operations Manager David Sanguinetti. The new White Oak Trail alignment is open to the public for hiking, horseback riding and mountain biking and can be accessed from Monte Bello Open Space Preserve's main parking lot on Page Mill Road. A portion of the trail is subject to a seasonal closure to bicycles and horses when it is wet. It is part of a larger network of connected public trails within the Monte Bello, Los Trancos, Rancho San Antonio and Skyline Ridge Open Space Preserves and Upper Stevens Creek County Park. The District is a public agency managing 26 open space preserves throughout the Peninsula and South Bay providing the public with over 220 miles of high quality trails through natural areas, free of charge every day of the year. II Created by voters in 1972,the Midpeninsula Regional Open Space District has successfully protected more than 59,000 acres of open space.The public enjoys the District's diverse and beautiful preserves 365 days a year. The District is an independent,non- enterprise, California special district whose 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. www.openspace.org. I f TO: General Manager FROM: Gordon Baillie Monthly Field Activity Summary Report Between 3/1/2011 And 313112011 CITE WARNING JCR KNOWN TOTALS TOTALS DISTRICT VIOLATIONS VIOLATIONS ENFORCEMENT 103 Bicycle Citations&JCRs Issued 37 Closed area-bicycle 5 2 0 0 7 Parking Citations Issued 23 Helmet required 1 2 0 0 3 Trail use speed limit 0 2 0 0 2 All Written Warnings Issued 34 Closed Area Police Assistance 9 Enter sensitive/hazardous closed area 7 0 0 0 7 Enter temporary/regular closed area 2 4 0 0 6 LAW ENFORCEMENT 36 Dog � Law Enforcement 36 Dog in prohibited area 1 1 0 0 2 Leash required-Dog 10 6 0 0 16 Other ACCIDENTS/INCIDENTS 4 After hours 1 10 0 0 11 Medical-Bicycle Accident 1 Alcoholic beverages-beer/wine only 1 0 0 0 1 Search&Rescue 1 Smoking-undesignated area 2 0 0 0 2 Vehicles prohibited 0 1 0 0 1 Vehicle Accident 2 Permit Outdoor fire without permit 2 0 0 0 2 MUTUAL AID 5 DISTRICT TOTAL 32 28 0 0 60 Law Enforcement 1 CITE WARNING JCR KNOWN TOTALS NON DISTRICT VIOLATIONS VIOLATIONS Medical-Bicycle Accident 2 Bicycle Traffic Control Only 1 Bicycle helmet required for all persons 0 1 0 0 1 Vehicle Accident 1 Bicycle on designated trails 2 1 0 0 3 Dog Pets/dogs on 6 foot leash or radio collar/voice 1 1 0 0 2 Other Visitors must remain on posted trails only 1 0 0 0 1 NON DISTRICT TOTAL 4 3 0 0 7 GRAND TOTAL 36 31 0 0 67 i i *JCR Juvenile Contact Report Monday,May 09,2011 Page 1 of 4 PARKING VIOLATIONS CITE WARNING TOTALS DISTRICT 18 4 22 Disabled Parking: Permit Required unpa 1 1 2 Prohibited Areas(On fire trail) 0 1 1 Prohibited Areas(Nondesignated area) 2 0 2 Prohibited Areas(Blocking gate) 1 0 1 Prohibited Areas(After hours) 14 2 16 PARKING VIOLATIONS CITE WARNING TOTALS NON DISTRICT 5 0 5 Disabled Parking—Paved/Marked. 2 0 2 No parking 2 0 2 Parking in undesignated area 1 0 1 23 4 27 DATE OCCURRENCES OF SPECIAL INTEREST Mar 02 While on patrol Ranger Staff observed damage to the parking lots by an apparent"donut spinner"(tight Rangers: 1 IR 11SO45 circles on the gravel surface created by sliding a vehicle at high speed). No suspects were identified or located. Preserve Skyline Ridge Location Parking lots Mar 04 A Maintenance Supervisor reported motorcycle tracks inside gate CM10. Ranger Staff confirmed the Rangers: 1 IR 11 SO46 tracks and that it appeared the riders went through a space next to the gate. No suspects were identified or located. Preserve El Corte de Madera Creek Location Inside CM10 Mar 06 A victim walked to the ranger residence after a bicycle accident he had on an upper trail. He used the Rangers: 1 AR 11FO57 rangers phone to call his wife,filled out an AMA(Against Medical Advice)form and self transported himself for medical care. Preserve Fremont Older Location Mar 08 While on patrol in the preserve, a ranger observed two suspects feeding a campfire they had made Rangers: 2 IR 11 S052 using down wood and poison oak from the surrounding area. They were cited and released. The fire was extinguished by the ranger. The other violations that were observed during this contact included alcohol prohibited, unlawful trail maintenance, and possession of trail construction tools. Preserve Foothills Location Unnamed trail Mar 09 A solo vehicle accident occurred on the upper access road just beyond the Model Airplane lot. The Rangers: 3 AR 11F059 driver said he was distracted by watching the airplanes and went off the road. He hit the curb,was Police: 2 unable to correct his course,and went off the road and down the embankment where he came to a stop in some coyote brush.He then tried to drive his vehicle across a drainage and got the front end of his vehicle stuck in the mud. A tow truck came and removed the vehicle so that the driver could drive it away. Preserve Rancho San Antonio County Park Location Upper parking lot area Mar 09 A ranger found dead domestic animals,rapped in plastic bags,and dumped into the preserve.California Rangers: 2 IR 11FO60 Fish and Game determined the animals were domestic, most likely a dog and a few domestic cocks. Police: 3 The warden stated the evidence might support cock fighting or dog fighting. The S.P.C.A.officer who responded suspected a"Santania Ritual"based on the fact that the dog was missing its head. East Palo Alto Police responded as well to take the report. Preserve Ravenswood Location Monday,May 09,2011 Page 2 of 4 Mar 11 District staff responded to the Purisima parking lot because of a report 30 vehicles were using it during Rangers: 1 IR 11S058 the advised"evacuation to higher ground"during the tsunami warning after the Japan earthquake. Preserve Purisima Creek Redwoods Location Northridge Lot Mar 12 A District Ranger running radar observed a bicyclist riding on a blind turn at 15 mph. When the Rangers: 1 IR 11S055 individual was ordered to stop, he fled and was not recontacted. Preserve El Corte de Madera Creek Location Blue Blossom Trail Mar 13 A couple hiking in the preserve reported an abandoned day back approx.200'beyond the signboards. Rangers: 2 IR 11 S059 The I inside of the pack contained a 16"glass bong&approx. 1/8 oz. Marijuana. The marijuana was destroyed and the bong was taken into evidence. Preserve Los Trancos Location Near the signboard Mar 25 MROSD crew members discovered a petroleum leak coming from a brick building on the north side of Rangers: 2 IR 11F070 the college.The building basement had approximately one foot of oily water covering the entire floor. Police: 1 Rangers responded to the site and smelled the petroleum/water mix(significant amounts of rain had fallen)which was flowing outside the building down the road and towards a creek.The crew's supervisor placed an absorbent dam below the site to prevent the spill from spreading. Rangers notified Santa Clara County Fire and their HAZMAT team who responded and continued to place absorbent rolls and constructed two additional dams.Also notified were California OES, California Dept.of Fish&Game and San Jose Water Dept.A private contractor was requested to remove the spill. Preserve Bear Creek Redwoods Location Alma College Mar 27 A State Park Ranger reported a pickup parked on the frontage of the Big Dipper Ranch. District Rangers: 5 IR 11S063 Rangers and Fish&Game Wardens responded to the area thinking it might be associated with illegal hunting. The Wardens saw fresh deer hair in the bed of the truck. An individual was spotted on the property near the highest pasture and seemed to be looking for something. The wardens were unable to make contact with the individual.The next day ranger staff found the fence vandalized about 100'down from where the truck was parked and located deer hair caught in the barbed wire. Preserve Skyline Ridge Location Big Dipper Ranch area of OSP-Alpine Rd.frontage Mar 28 Two individuals were observed by district staff smoking on the Ridge Trail. Both were cited for smoking Rangers: 1 IR 11S064 prohibited and verbal warned for marijuana and released.. Preserve Russian Ridge Location Ridge Trail Mar 28 Two subjects were out hiking in the preserve and became lost. Rangers overheard radio traffic Rangers: 3 IR 11F091 regarding two overdue hikers. One ranger remained with the vehicle. Two rangers set out,one by ATV Police: 2 and one in their patrol truck to try and locate the two hikers. Law enforcement helicopter Star 1 was in the area and joined the search and were able to spotlight the two subjects.The ranger was able to drive to their location,pick them up and return them to their vehicle in the parking lot. Preserve Rancho San Antonio Location Mar 30 A stolen vehicle was found in the preserve. It had been driven through a t-post fence and left parked in Rangers: 3 IR 11F075 a field off of Hicks Road. One of the vehicles back windows had been broken,the interior had been Police: 1 doused with motor oil,and the key was left in the ignition. Rangers met with a Santa Clara County Deputy who had made contact with the vehicle's owner. Pictures and a report was taken prior to the removal of the vehicle. Preserve Sierra Azul-Rancho de Guadalupe Location Field,off Hicks Road Mar 31 District Ranger Staff was first on the scene of a bicycle accident on Page Mill Rd. The cyclist sustained Rangers: 3 MA 11S065 shoulder, head, rib,and hip injuries, along with a punctured lung. Oxygen was provided by District Staff, Police: 1 which was credited for stabilizing the patient. The cyclist was taken to Stanford Hospital by ground ambulance. Preserve Off District Lands-Skyline Location Page Mill Road Monday,May 09,2011 Page 3 of 4 DATE VANDALISM DETAIL Mar 13 Tagging on sign boards and regulatory sign. VL Preserve Ravenswood Location Parking Lot/Bridge Mar 14 One hinge on the right side was taken apart and the gate lifted off the hinges. VL Preserve Sierra Azul Location Gate SA29 Monday,May 09,2011 Page 4 of 4 I | | � � | � ' | | � GENERAL MANAGER | / suvo,"s mu�op � | Regional {)D�O�D�[� i �idpeninsu|aR��|ona/Open�paceDi�u|ct � o�n mmx�m^ | | ' ' ams=m,o^ / m^xom^mmv* | | /( /cv/ / u comme | | / / wonpopxunxv | | unvxa,m� . ' u�./vxam, | � / May 11, 2O1l | | | Mr. Craig Oremann | Redwood Seed Company | / | | � Re: Russian Ridge Open Space Preserve | � � Dear Mr. Dremann: | | � . � � The District's Board of Directors has received your recent email correspondence dated4pr| 21, 2O11. Aa � � the Board stated in its April 13, 2011 response to you,the Board acknowledges and respects the sincere � interest and concerns you have expressed about prescribed burns at Russian Ridge Open Space Preserve / � and informed you that the District will be undertaking further CECA review of vegetation management | in District preserves.The Board has directed staff to further analyze and monitor conditions at Russian � Ridge, including | that process. You've also expressed concerns about herbicide application at Russian Ridge. Staff has recently | provided you with extensive information and maps describing the District's careful management | practices when applying herbicides on target invasive plants species. VVe will welcome your input when / further CEOA review nf vegetation management commences. � | Constructive input will help the District in its future assessment of vegetation management. We feel that your input will be best addressed in a public and transparent process designed to elicit views from all | interested parties and agencies. We regret you are dissatisfied with the Board's previous | correspondence. We hope you will participate constructively with us as we move forward. � | � Sincerely, � � | � Larry Hassett, Board President � � Midpeninsu|a Regional Open Space District � � � � � saooistd Circle Los Altos,cxy4uzz ! ^ososyz )um � asnnozzwas � wvvwoppnspaceurg | /