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HomeMy Public PortalAbout20060112 - Agenda Packet - Board of Directors (BOD) - 06-02 { A � Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 06-02 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:00 p.m. Thursday,January 12, 2006 La Honda Elementary School I Multi-Use Room 450 Sears Ranch Road Se o La Honda, CA 94020 AGENDA* 7:00 ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—President BOARD BUSINESS 7:05* Approval of Proposed Mitigated Negative Declaration and Mitigation Monitoring Plan in Accordance with the California Environmental Quality Act; Approval of Purchase Agreement for the Proposed Purchase of Peninsula Open Space Trust(Driscoll Ranch)Property(San Mateo County Assessor's Parcel Numbers 078-270-010, -020, -030; 078-290-010, -020, -030, -060; 082-140-020; 082-170-010, -040, Located in Unincorporated San Mateo County Adjacent to Highway 84)as an Addition to La Honda Creek Open Space Preserve; Approval of Residential Rental Agreement and Approval of Springwater Easement Agreement with Driscoll Ranches, LLC; Adopt the Preliminary Use and Management Plan Recommendations; Name the Property as an Addition to La Honda Creek Open Space Preserve; indicate Intention to Dedicate Property as Public Open Space—M. Williams This Agenda Item will include the following: 1. Approve Proposed Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act(CEQA)as set out in this Report, and adopt the findings set out in the attached Resolution. 2. Adopt the attached Resolution approving the Purchase Agreement of the Peninsula Open Space Trust(Driscoll Ranch) property and approving the related documents including, but not limited to, the following: A. Authorize the General Manager to execute the attached Residential Lease Agreement with Driscoll Ranches, LLC, authorize the General Manager and General Counsel to approve amendments to the Agreement that do not significantly change its terms and conditions, and authorize the General Manager to approve subleases thereunder as set out in the attached Resolution. B. Authorize the General Manager to execute the attached Springwater Easement Agreement with Driscoll Ranches, LLC,and authorize the General Manager and General Counsel to approve amendments to the Agreement that do not significantly change its terms and conditions. Meeting 06-02 Page 2 C. Authorize the General Manager to sign the Assignment Of Leases and Security Deposits for the Lease Agreement("Grazing Lease")with Driscoll Ranches, LLC from Peninsula Open Space Trust. 3. Adopt the Preliminary Use and Management Plan recommendations contained in this Report and name the property as an addition to La Honda Creek Open Space Preserve, 4. Authorize staff to solicit requests for qualifications to contract with a consultant or organization with agricultural management expertise to assist District in managing lands in agricultural use. 5. Indicate your intention to dedicate the property as public open space, 9:00* ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MATTERING,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. i / KO 1.f�" �V1{ �kY B4 odsfd 280 cJ\` try � 35 84 ° F � Wesrri �i. id Sky L nda/Qa a t� ;Opini{ixi., 35 PresW .fir. La Honda Elementary r M School 84 �' terry I La Honda I` it From the north: Take 1-280 to the State Route 84/Woodside Rd exit and exit toward Town of Woodside Head south 12 7 miles on State Route 84/1-a Honda Road and turn right onto Sears Ranch Road, soon after the La Honda Fire Department From the south: Take 1-280 north to the Sand Hill Road exit Take the Sand Hill Road West ramp and turn right onto Sand Hill Road Travel 0 7 miles and turn right on Portola Road Turn left onto State Route 84/1-a Honda Road Travel 9 6 miles and turn right onto Sears Ranch Road, soon after the La Honda Fire Department From State Highway 1: Take State Route 84/La Honda Road approximately 9 miles east,just past the intersection with Pescadero-Alpine Road, and turn left onto Sears Ranch Road La Honda Elementary School is approximately 1/2 mile up Sears Ranch Road on the right i ' Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-07 Meeting 06-01 January 12, 2006 AGENDA ITEM 1 AGENDA ITEM Approval of Proposed Mitigated Negative Declaration and Mitigation Monitoring Plan in Accordance with the California Environmental Quality Act; App roval of Purchase Agreement eement for the Proposed Purchase of Peninsula Open Space Trust(Driscoll Ranc h) Property(San Mateo County Assessor's Parcel Numbers 078-270-010, -020, -030; 078-290-010, -020, -030, -060; 082-140-020; 082-170-010, -040, located in unincorporated San Mateo County adjacent to Highway 84)as an Addition to La Honda Creek Open Space Preserve; Approval of Residentia=andMitigation d A proval of Springwater Easement Agreement and Assignment of Lease and Secis 11 Ranches, LLC ffGENERAL MANAGER S RECOMMEND A I. A rove Pro osed Miti ated Ne ativ ation Mo torin Pro ram in pp P g gg g g Accordance with the California Environmental Quality Act(CEQA)as set out in this Report,and adopt the findings set out in the attached Resolution. 2. Adopt the attached Resolution Approving the Purchase Agreement of the Peninsula Open Space Trust(Driscoll Ranch) Property and approving the related documents including, but not limited to, the following: a. Authorize the General Manager to execute the attached Residential Lease Agreement with Driscoll Ranches, LLC, authorize the General Manager and General Counsel to approve amendments to the Agreement that do not significantly change its terms and conditions, and authorize the General Manager to approve subleases thereunder as set out in the attached Resolution. b. Authorize the General Manager to execute the attached Springwater Easement Agreement with Driscoll Ranches, LLC, and authorize the General Manager and General Counsel to approve amendments to the Agreement that do not significantly change its terms and conditions. c. Authorize the General Manager to sign the Assignment of Leases and Security Deposits for the Lease Agreement("Grazing Lease")with Driscoll Ranches, LLC from Peninsula Open Space Trust. 3. Adopt the Preliminary Use and Management Plan recommendations contained in this Report and name the property as an addition to La Honda Creek Open Space Preserve. 4. Authorize staff to solicit requests for qualifications to contract with a consultant or organization 9 9 S with agricultural management expertise to assist District in managing lands in agricultural use. 5. Indicate your intention to dedicate the propertyas public open s ace. R-06-07 Page 2 DISCUSSION The 3,68 1-acre property being considered for purchase by the District is located adjacent to the La Honda Creek Open Space Preserve near the unincorporated town of La Honda. It is currently owned by Peninsula Open Space Trust(POST)which purchased the property from Driscoll Ranches in 2002 with the assistance of a$6 million grant from the State Coastal Conservancy. Driscoll Ranches, LLC(Driscoll Ranches)has continued an existing cattle grazing operation on the property under a long-term lease arrangement with POST. The property is within the Coastside Protection Area, an area that was annexed into the District boundaries in 2004. As part of the annexation process,the District prepared a Service Plan for the San Mateo Coastal Annexation Area and a Final Environmental Impact Report that was approved by the Board of Directors on June 6, 2003. An annexation application was then submitted to the San Mateo Local Agency Formation Commission (LAFCo)and approved on April 7, 2004. The Coastside Protection Area, as the annexation area is referred to, includes lands in the western portion of San Mateo County lying from south of the City of Pacifica—generally between Skyline Boulevard and the Pacific Ocean—to the Santa Cruz County line. As part of the annexation process,the Service Plan and subsequent conditions approved by LAFCo established a number of policies and procedures for conducting the Coastside Protection Program. Although the District would be authorized to purchase the POST(Driscoll Ranch)property even if the Coastside Protection Program had not been approved,that program now guides the District's purchase, use, and management of open space land within the Coastside Protection Area. The proposed purchase of the POST property described in this Report and the accompanying Preliminary Use and Management Plan is consistent with the policies and procedures contained in the Coastside Protection Program. The following Report presents a description of the POST(Driscoll Ranch) property, future planning considerations, a Preliminary Use and Management Plan, and environmental review of the project. DESCRIPTION (see attached map) The 3,68 1-acre POST(Driscoll Ranch)property is located in the Coastal Range mountains northwest of the town of La Honda in unincorporated San Mateo County, about four miles inland from the Pacific Ocean. The property is bounded by La Honda Creek Open Space Preserve to the northeast. The 2,078- acre Preserve is managed for resource protection and low-intensity public recreation, offering a limited trail system and permit parking located at the end of Allen Road. The majority of the existing Open Space Preserve is closed to the public at this time while a Master Plan is being developed. Private properties lying to the north,west and south are generally large parcels with agricultural and rural residential land uses. To the east, Driscoll Ranch is bounded by State Highway 84 and smaller rural residential properties. The La Honda Elementary School is located adjacent to the southeast comer of the property at the end of Sears Ranch Road. To the south, Driscoll Ranches,the former property owner, has retained a number of parcels near State Highway 84 where it maintains a private ranch and rodeo grounds. There are three roads that provide access to the property and a network of ranch roads that circulate through the majority of the property. From the south, a road directly enters the property from State Highway 84 on the opposite side of the road from the Driscoll Ranches Event Center. Near the town of La Honda, Sears Ranch Road enters the property immediately adjacent to the La Honda Elementary School. In the northeast corner of the property, a third road enters from La Honda Creek Open Space Preserve and intersects with State Highway 84. The interior road network provides access to all but the most remote areas of the property. The project site occupies 5.75 square miles of mountainous terrain covered by rolling grasslands, oak woodlands, coastal scrub, and mixed evergreen forests supporting stands of second-growth redwoods. R-06-07 Page 3 The terrain is characterized by two broad, grassy ridges that steeply descend into forested canyons. A prominent landmark, Ray's Peak, rises 1,037 feet above sea level and is visible for miles. Three perennial streams(La Honda, Harrington, and Bogess Creeks)transect the property, eventually draining into San Gregorio Creek and then out to sea. Approximately 15 stock ponds are scattered throughout the property, several with year-round water. The diverse mosaic of vegetation communities and water resources present on the property provide habitat for a wide variety of plants and animals, including several special status species. The three perennial creeks provide important habitat for steelhead trout, a species listed as federally threatened under the Endangered Species Act. Red-legged frog and southwestern pond turtle, also listed as threatened species, are present in several of the ponds. Habitat also exists for the San Francisco garter snake, a species listed as endangered under the Act,although the species has not been observed on the site. Prior to POST purchase of the ranch,the property was owned by the Driscoll family,who had consolidated their land holdings in the area by acquiring the former Wool and Folger Ranches. These properties were logged until the early 1900s,when wheat farming and grazing began. The property is currently being managed under the stewardship of Driscoll Ranches,which has reserved rights to continue grazing and related uses of the property in accordance with a 50-year Grazing Lease and a Resource Management Plan. The Grazing Lease and grazing-related uses would continue following purchase by the District. The Grazing Lease and related Resource Management Plan were developed by joint agreement of Driscoll Ranches and POST in a manner that Driscoll Ranches found would ensure continued viable cattle grazing operations, The Grazing Lease and Resource Management Plan are discussed in further detail in this Report. There are a number of improvements on the property. These include the former Driscoll, Wool,and Folger ranch houses and associated barns and outbuildings. The attached map shows four residential areas. Three of these ranch houses are occupied by Driscoll Ranch employees, who maintain the property and manage the grazing operation. A fourth residence is rented to a private party who runs a small dog kennel. Other improvements include the stock ponds,troughs, and numerous spring boxes used to water cattle, and extensive pasture fencing. A small corral is used to occasionally pasture horses. Approximately eleven miles of improved ranch roads traverse the property, with many more miles of all terrain vehicle (ATV)routes that access the remote portions of the property. Just across Highway 84 from the property, Driscoll Ranches runs an equestrian event center and rodeo grounds. Under the Grazing Lease,the tenant has the right to continue using a portion of the property for overflow parking and livestock holding for events such as the annual Driscoll Ranches Rodeo. This use is confined to a small area. The tenant also has rights to use existing designated ranch roads for special equestrian or pedestrian activities subject to District approval. The southwestern portion of the property,the area known as the La Honda Oil Field-Main Area ,was the site of petroleum exploration. Oil drilling was first conducted in the La Honda area as far back as 1894; however,the first production well was not drilled on the project site until 1956, with development of the Main Area continuing through 1961 with the completion of I I wells. Oil production on the property continued through the 1980s,after which the wells and associated infrastructure were abandoned and removed from the site in the 1990s. Hector,Scott T. La Honda Oil Field.California Department of Conservation,Division of Oil and Gas Publication No.TR30, 1986. R-06-07 Page 4 USE AND MANAGEMENT Planning Considerations The property is located within the unincorporated area of San Mateo County and partially within the Coastal Zone. The majority of the property, approximately 3,138 acres, is zoned RM(Resource Management)and the remaining 543 acres is zoned RM/CZ/CD(Resource Management/Coastal Zone/Coastal Development). The northernmost 1,293-acre portion of the property(former Wool Ranch) is under a Williamson Act contract. On November 9, 2005,the San Mateo County Planning Commission determined that purchase of the property by the District would be in conformity with the San Mateo County General Plan. The property is comprised of nine legal parcels and has a potential density of ninety-three residential sites. Development of the property for residential purposes would be feasible,as much of the property is accessible and there are many relatively level building sites along or near ridgetops. Driscoll Ranches Grazing Lease The Grazing Lease,developed between POST and Driscoll Ranches and assigned to the District as a condition of the Purchase Agreement, leases the entire property to Driscoll Ranches for a period of 50 years for the purposes of grazing livestock and permitting equestrian and pedestrian activities. Driscoll Ranches has been successfully conducting its grazing operations under the Grazing lease since 2002. The following are the principal terms of the Grazing Lease: The Lease has a term of 50 years at a rental rate of one dollar($1)per year; Driscoll Ranches and POST concluded this rate was reasonable in light of the terms and conditions of the Lease, including implementation of the Resource Management Plan. The Lease provides that Driscoll Ranches manages its grazing operations in conformity with the Plan so as to ensure its compatibility with the environmental resources of the property. Trails and roads used in the grazing operation must be kept in good condition,and Driscoll Ranches is solely responsible for all costs of their maintenance and repair. Driscoll Ranches and its invitees may use the property for limited equestrian or pedestrian use on existing designated roads and trails, and may install ancillary agriculture improvements such as gates and fencing. Driscoll Ranches is responsible for costs of fencing except for those costs that will be shared when fencing is needed for public access or to protect natural resources. The District may not use the property in a manner that substantially interferes with Driscoll Ranches' operations. The Lease recognizes that the District may develop a public access plan, and that the District will consult with Driscoll Ranches in doing so. In order to further ensure the successful implementation of the Resource Management Plan, the District may monitor compliance with the Plan, and Driscoll Ranches will provide monitoring reports at its cost. Driscoll Ranches Resource Management Plan The Driscoll Ranches Resource Management Plan was jointly prepared by POST and Driscoll Ranches as a conservation-oriented grazing program whereby grazing is continued and used as a resource management tool. The Plan was developed to ensure the success and viability of the grazing operations, while relying on the grazing operation to achieve the Plan's objectives. The Plan was initially formulated by Rana Creek Habitat Restoration Plan in 2002 in cooperation with Driscoll Ranches, and updated by EcoLogic in March 2005. The Rana Creek Habitat Restoration resulted in the establishment of 12 separate pasture areas to be used for rotational grazing, and became the framework for the final 2005 Plan. The Resource Management Plan utilizes cattle grazing as a vegetation management tool to reduce invasive weeds and encourage the replenishment of native grasses,which will in turn restore native wildlife habitat. The Plan is based on information obtained from a comprehensive baseline resource inventory of the property's grasslands conducted on behalf of POST in the spring of 2003 and 2004. Plan elements include protection and restoration of native grasslands, pest management and control of exotic species,erosion control, protection of fresh water resources,and habitat enhancement for listed species. R-06-07 Page 5 The Plan also identifies livestock management performance standards and establishes biological monitoring protocols. As described above,the property is divided into twelve fenced pastures. The Plan recommends allocating livestock among the pastures under a seasonal grazing operation that would begin in November or December and continue through June or July,depending on rainfall and forage conditions. The Plan was developed with flexibility to allow for year round grazing under certain conditions. The District and the tenant will utilize a Monitoring and Reporting Program to ensure that the elements of the Plan are being implemented. The Plan is based on the principal that continued livestock grazing would minimize brush encroachment, preserve grassland environments, protect and maintain diversity in flora and fauna, and provide a tool for fire management. The Plan employs a range of tools to protect biological resources such as rotational grazing,establishment of stocking levels, and providing supplemental feed where appropriate. Principal resource management objectives pertain to restoration, upland water resources, stream resources,fire management and recreational management. The Plan identifies protection of water quality as a key goal, and outlines specific performance standards and monitoring guidelines to avoid potential water quality impacts from grazing operations. Residential Lease Agreement A condition of the Purchase Agreement requires that a Residential Lease Agreement between the District and Driscoll Ranches be entered into that provides Driscoll Ranches the continued use of four residential structures and garages. Driscoll Ranches currently utilizes these structures. These structures have been used primarily for providing housing to employees of Driscoll Ranches and one is rented to a private party who operates a small-scale kennel. Under the provisions of the new lease,the residential structures may be used by no more than four employees and their families, with the exception of one residential structure that may be sublet to the existing non-employee resident who maintains the kennel. This Report's recommendations include authorizing the General Manager to approve any proposed subleases. Springwater Easement Agreement As a further condition of the Purchase Agreement, the District and Driscoll Ranches will enter into an Agreement to share two existing and operating water systems situated in the southwest comer of the property in the vicinity of Residential Area 4, as shown on the attached map. One water system supplies water to Residential Unit 4 and then continues in the southerly direction to terminate at a residence/office located on property retained by Driscoll Ranches. The second water system lies southwesterly of Residential Unit 4 and supplies water under State Highway 84 to the Driscoll Ranches Event Center and Rodeo for equestrian and ranch purposes. Phase I and 11 Environmental Site Assessments In 2001, as a part of the purchase process for the Driscoll Ranches property, POST prepared a Phase I Environmental Site Assessment("Phase I ESA"). The Phase I ESA identified several areas of potential environmental concern on the property. Further investigations were undertaken to better understand the nature and extent of potential contamination on the property, if any. These investigations confirmed the existence of several areas of contamination on the property. Coastside Protection Program Service Plan—Agricultural Land Use The Coastside Protection Program requires that when land purchased by the District includes an existing agricultural use, has prime agricultural soil, or is adjacent to lands in agricultural production, an agricultural production plan will be developed as part of the Final Use and Management Plan. According to the GIS database for San Mateo County(updated in 2000)and the California Department of Conservation's Farmland Mapping and Monitoring Program(FMMP), the vast majority of the property is not well-suited to the cultivation of agricultural crops, but a very small area(approximately 1.5 acres) adjacent to State Highway 84 is classified as Prime Agricultural Land, Unique Farmland,or Farmlands of � ' R-06-07 Pooc 6 Statewide Importance as shown on the FMMP. Under the Service Plan Policies, no new facilities or significant improvements may be located on such lands. An the property imin agricultural use and operated under u long-term Grazing Lease, and adjacent lands are partially in agricultural use aa well,the Master Plan to be developed in the future will include an agricultural production element that will ensure compatibility of resource management and public access plans with the adjacent agricultural land uses. Coastside Protection Program Service Plan—Coastside Consultation TheCoastuide Protection Program also requires consultation with interested public agencies, officials and interested organizations to solicit input into the planning process prior to the Board's consideration of purchasing the property. District staff has met and consulted with the Farm Bureau, which provided iofoonu1ioo about past agricultural uacoftbcpnop#dyandezpresnedcoocerna,egardiugdzcinteQrakion � � and compatibility o[future public access plans with the agricultural land use. The projectwamaueodired and generally supported by the San Mateo County Agricultural Advisory Committee. The same concerns � regarding integration and compatibility of future public access plans were expressed. Staff assured both the Farm Bureau and the Agricultural Advisory Committee that future planning for the property will include numerous opportunities for their participation and input. The District's Real Property Committee,u standing committee of the Board of Directors, held umeeting on the property with the three-member Board Committee, neighbors,participants in the La Honda Creek Open Space Preserve master planning process, and interested parties in order to familiarize them with the � property and to receive public input into the proposed pun:huuu of the property. This meeting was held on � November 16, 2005 after notice was distributed to property owners of land located adjacent to or � surrounding the property, Commtmid* public officials,community-interest groups, non-profit land trusts, � � conservation-oriented organizations,elected officials,government agencies, and government-sponsored � organizations within the CwamtsidcProtection Area. � At the Real Property Committee meeting, staff described the property and how it would be natural � � extension of the adjacent Preserve,the terms ofthe existing Driscoll Ranches Grazing Lease,and the � terms of the proposed purchase of the property. Nine members of the public attended the meeting and abomed information about the property, the[onne,landowners,and past land uses. The Preliminary Use and Management Plan Process The Preliminary Use and Management Plan will take effect upon the close of escrow, and remain effective until a Master Plan for the property om part of the adjacent Lo Honda Creek Open Space Preserve is developed. � The Preliminary Use and Management Plan represents a status quo approach to management and includes � continuation of cattle and horse grazing under provisions of the Grazing Lease, posting signs,and cleaning updebris, ancillary mtruobmrce and equipment in u state ofdisrepair. Areas where soils have been identified uuhaving contaminant levels exceeding regulatory guidelines will have access restricted to prevent exposure tw livestock o,people until ,croediutioo plans have been implemented. Since the property includes 50-yeur lease for grazing livestock, and the proposed purchase will be the first property addition within the Coastmide Protection Area that is actively being used for agricultural | purposes,the District will seek agricultural management expertise in accordance with Condition of Approval Number 7 of the San Mateo County Local Agency Formation Commission's(LAFCo's) approval of the Coumtside Protection Program and subsequent implementation of Resolution 04-14 of the Board ofDirectors. The Resolution states the District will seek recommendations for such a consultant from local agricultural organizations, including the Farm Bureau, Resource Conservation District and University n[California Cooperative Extension Service, within 00 days of close of escrow onthe purchase of agricultural land. A request for qualifications will be prepared to secure consulting services � R-06-07 Page 7 to assist in appropriately managing, supporting, and monitoring agricultural uses on District land, including the POST(Driscoll Ranch)property. In the future,the Master Plan for the property and Preserve will be developed, including more detailed plans for resource management and public access. Within the Coastside Protection Area,the process for developing a Master Plan involves conducting more detailed resource inventories to be used in formulating resource management and public access plans; consulting with interested government officials, agencies and organizations; and an extensive public input process. The Master Plan will be subject to further environmental assessment in accordance with the Coastside Protection Program and to ensure that land use decisions are consistent with ecological values. The property is expected to be open eventually for low-intensity recreational use via the Master Planning Process, unless environmental obstacles preclude such uses. Prior to the completion of the Master Plan,the property will be closed to public recreational use, but there will be continuation of current use by equestrians and pedestrians who are invitees of Driscoll Ranches under the Grazing Lease. This would not result in any expansion of the level of current use. Low- intensity recreational trail use will be considered as the Master Plan is being developed. As part of the Master Plan,trailhead parking may be available on this property and some of the existing ranch roads may be used as public trails if determined not to interfere with the agricultural use of the property and are determined to be otherwise environmentally suitable. These trails potentially could be connected to the trails on the adjacent open space preserve. However, any such decisions will be made only upon completion of the Master Plan. The Preliminary Use and Management Plan Public Access: Closed to public access; under the Grazing Lease, pedestrian and equestrian invitees of Driscoll Ranches are allowed to use existing roads. A public access plan will be developed following further detailed natural resource, road and trail assessments; the assessments and public access plan will be incorporated into the La Honda Creek Open Space Preserve Master Plan and will be developed in accordance with the Coastside Protection Program and provisions in the Driscoll Ranches Grazing Lease and Resource Management Plan. Roads and Trails: Jointly maintain existing roads and trails in accordance with Driscoll Ranches' Grazing Lease and Resource Management Plan, conducting maintenance in accordance with the road and trail maintenance practices set out in the Service Plan and District-wide practices; prepare further detailed road and trail assessment as part of the process of incorporating the property into the La Honda Creek Open Space Preserve Master Plan. Fences and Gates: Jointly maintain gates and fences in accordance with Driscoll Ranches' Grazing Lease; repair gates and fences as necessary to prevent trespass onto adjacent private property by livestock or Driscoll Ranches invitees. 5jgns: Install "Closed Area" signs and boundary plaques where appropriate. Patrol: Regularly patrol the property utilizing existing roads. Resource Management: Conduct a detailed resource inventory as part of the process of incorporating the property into the La Honda Creek Open Space Preserve master planning process. Monitor Grazing. Solicit input from agricultural organizations such as the Agricultural Advisory Committee,the Farm Bureau, the Resource Conservation District and the University of California Cooperative Extension Service in preparing a request for qualifications to secure consulting services to R-06-07 Page 8 assist in managing grazing activities provided for in Driscoll Ranches' Grazing Lease and Resource Management Plan; a contract for retention of a qualified consultant will be brought to the Directors for consideration within sixty(60)days following close of escrow. Fuel Management: Conduct current District-wide fuel management practices; consult with San Mateo County and the California Department of Forestry and Fire Protection("CDF") in developing site-specific fuel modification and management program as part of the process of incorporating the property into the La Honda Creek Open Space Preserve master planning process. Clean-up: Remove ancillary structures, debris, and equipment in a state of disrepair. Dedication: Indicate your intention to dedicate the property as public open space. Name: Name the property as an addition to the La Honda Creek Open Space Preserve. Service Plan: Maintain the property in conformity with the provisions of the Service Plan for the Coastside Protection Program. Site Safe!y Inspection: District consultants conducted follow-up investigations to a Phase I Environmental Assessment provided by the current property owner;areas of environmental concern have been identified and addressed in the attached Mitigated Negative Declaration; areas where contaminant levels exceed current State regulatory guidelines will be secured by fencing to prevent access by livestock and people; secure site in compliance with the Mitigation Measures set out in the Mitigated Negative Declaration; land disturbance in the contaminated areas will be prohibited until further investigation is conducted and specific remediation plans can be developed and implemented. CEQA COMPLIANCE District staff prepared an Initial Study and Mitigated Negative Declaration for the proposed purchase of the POST(Driscoll Ranch)property(for CEQA purposes, "the Project"),which is attached as Exhibit A. The Initial Study and Mitigated Negative Declaration incorporates all of the mitigation measures and Service Plan policies that were developed for the Coastside Protection Program. To address potential project-specific impacts, staff contracted with biologist Diane Renshaw to analyze potential impacts to special status plant and animal species associated with the on-going Grazing Lease, and with the engineering firm of EKI Associates to address potential hazardous waste issues associated with past land uses. The Initial Study and Mitigated Negative Declaration found that a number of CEQA impact criteria do not apply, as this project will result in the long-term protection of open space and agricultural resources. Most notably, the Initial Study and Mitigated Negative Declaration found that the project would not adversely affect natural or cultural resources because the incorporation of mitigation measures into the project has reduced the impacts to a less-than-significant level. The Initial Study and Mitigated Negative Declaration found several potentially significant impacts with respect to air quality, biological resources, and hazardous materials. The project was modified to include mitigation measures that would avoid those impacts. The attached Resolution makes specific findings regarding these impacts and mitigation measures. The Initial Study and Mitigated Negative Declaration explain the basis for the findings in more detail. Notification of Public and Agencies A Notice of Intent to Adopt a Mitigated Negative Declaration was submitted to the State Clearinghouse of the Governor's Office of Planning and Research on November 14, 2005, stating that the public review period would start on November 16, 2005 and end on December 19, 2005. The Notice was also R-06-07 Page 9 submitted on that date to the San Mateo County Clerk for posting. The Notice was also published in the Half Moon Bay Review and the San Mateo County Times. The Notice was mailed on November 14, 2005 to over 230 persons. Those notified included owners and occupants of property within 300 feet of the POST Driscoll Ranch, participants and stakeholders in the La Honda Creek Open Space Preserve master planning process, other interested parties, and relevant agency personnel. The Notice, Mitigated Negative Declaration and Initial Study were made available for public review at the District's Administrative Office, on the District's website,and at the Half Moon Bay and Woodside public libraries. Therefore, all legal notice requirements of CEQA have been met. Comments Received As of January 5, 2006,the District received comments from two parties concerning the Initial Study and Mitigated Negative Declaration, both of which are attached to this staff Report. On December 7,2005, the District received a comment from the California Department of Transportation noting that an encroachment permit and project-specific environmental review will be necessary in the event any future construction projects occur within the State Right of Way. In the attached response letter, dated January 4,2006,these comments were acknowledged. The letter reiterated the discussion in the Initial Study and Mitigated Negative Declaration,explaining that any potential future improvements will be addressed in the Master Plan, which will be subject to additional environmental review. The letter also stated that in the event any such project were proposed,the necessary permits would be secured prior to implementation. On December 19, 2005,the County of San Mateo sent an e-mail to the District forwarding a comment that had been submitted by the San Mateo County Agricultural Advisory Committee. The Committee expressed "concern over the effectiveness of the management plan and the interface between agricultural use and public use of the property." In the attached response letter, dated January 4, 2006,this comment was acknowledged. While this is not a specific CEQA issue related to this Project,the response indicated that the Grazing Lease and the Resource Management Plan jointly developed by POST and Driscoll Ranches provide for grazing throughout the 50-year term of the lease, and that any future plans for public access would be developed in coordination with the grazing lessee. The response noted that the County and the Agricultural Advisory Committee would also be involved in the development of the Master Plan, including any future public access component. In sum,the comments received were not directed toward specific environmental issues related to this Project and did not indicate that any significant adverse impacts would occur as a result of the Project. Mitigation Monitoring Program In accordance with CEQA, the District has prepared a Mitigation Monitoring Program, which describes the mitigation measures and monitoring process for the project(see Exhibit B). The Mitigation Monitoring Program ensures that all adopted measures intended to mitigate potentially significant environmental impacts will be implemented. The project incorporates all of the mitigation measures and Service Plan policies that apply to land purchases within the Coastside Protection Area. Only new mitigation measures that are specific to this project are included in the Mitigation Monitoring Program. TERMS AND CONDITIONS The 3,68 1-acre POST(Driscoll Ranch)property is being purchased at a bargain sale purchase price of $9,000,000, or approximately$2,445 per acre. POST acquired the property in January 2002 at a purchase price of$2 1,000,000. The current value of the property has been confirmed by a fair market appraisal, commissioned by the District, in the amount of$25,765,000. Since the property is subject to a 50-year R-06-07 Page 10 grazing lease,the appraiser also considered the present value of the annual gross income over the 50-year lease term,which is estimated at$320,000. Discounting the fair market appraised value by the present value of the projected income stream results in an adjusted fair market value of$25,445,000 ($25,765,000-$320,000= $25,455,000). Therefore, POST is selling the property to the District at a bargain sale price, which is $16,445,000 below the fair market value of the property,and which is being gifted by POST to the District. As part of this transaction,the County of San Mateo will contribute $115,365 in grant funding from Proposition 12,the California Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. The grant funding will consist of$80,320 from the Per Capita and $35,045 from the Roberti-Z'Berg Harris Block Grant Program. In January 2004, POST received a grant of$1,000,000 from the State Coastal Conservancy for the northernmost 1,293-acre portion of the property(former Wool Ranch). As part of the grant funding agreement with the Coastal Conservancy,an Irrevocable Offer to Dedicate Title in Fee was recorded to ensure that the property provides for resource protection, agricultural preservation, public access and open space purposes. As a condition of the Purchase Agreement, the District proposes to enter into a Springwater Easement Agreement with Driscoll Ranches for shared use of two existing and operating spring water systems. This Easement has previously been described in this staff Report. As another condition of the Purchase Agreement, POST will assign the existing 50-year Grazing Lease with Driscoll Ranches to the District. The terms of the Grazing Lease have previously been described in this staff Report as well. The District and Driscoll Ranches propose to enter into a Residential Lease Agreement for the use of the four residential structures located on the property. The Rental Agreement will provide for employees of Driscoll Ranches to reside on the property as part of the ongoing management of the grazing operation. The Lease Agreement will provide that Driscoll Ranches assumes responsibility for maintenance and upkeep of the residential structures and associated infrastructure, paying for utilities and any possessory interest tax to San Mateo County. The Rental Agreement has a rental rate of approximately$2,400 per month with an initial rental term of three years and options for two additional one-year terms. Upon a bona fide need for District operations,the District will have the right to utilize one or more of these structures for District purposes, such as a Ranger Residence, upon delivery of a six-month written notice. Currently three of the four residences are occupied by employees of Driscoll Ranches and a fourth residence is rented to a private�party who runs a small dog kennel operation. The continued use by the dog kennel tenant is anticipated to be via a subtenant rental agreement with Driscoll Ranches, which will require the District's prior approval. Staff is recommending that the General Manager be given authority to approve subtenant agreements to the Residential Lease Agreement on a month-to-month basis, which will be limited by the General Manager's spending authority under state law(the current limit is $25,000). Any subtenant rental agreement will need to comply with the provisions of the Residential Lease Agreement. After approval of any sub tenancy agreement,the General Manager will notify the Board of Directors of the approved subtenancy agreement at its next regular meeting. The Purchase Agreement with POST includes a covenant that provides POST with a period of five years to recognize significant donors for specific areas,trails or land formations on the property in accordance with the District's"Policies for Site Naming and Gift Recognition." As identified in the Mitigated Negative Declaration(see Exhibit A), staff anticipates that upcoming actions at Driscoll Ranch will include further site-sampling activities to more fully characterize the degree and extent of contamination on the property, consultation with overseeing regulatory agencies to determine potential alternative approaches for future clean-up action,and implementation of site control mitigation measures as part of the Preliminary Use and Management Plan. Costs for these actions are anticipated to range from $80,000 to $100,000. A detailed budget for these actions will be presented in the fiscal year 2006-2007 Budget. R-06-07 Page 11 Because specific remediation plans cannot be developed until this considerable investigation and consultation have been completed, it is not feasible to determine which remediation alternative will be most appropriate, nor to determine precise costs of remediation. A very general estimate would be that any required measures to fully remediate the property will range between a low of$200,000 to a high of $2,000,000. These costs will be more accurately determined following further sampling and discussions with regulatory agencies. When appropriate remediation measures and costs are determined,this matter will be presented to the Board as a future agenda item. In addition, given the contamination on site, District staff is investigating the suitability, need, and cost of obtaining pollution legal liability insurance specific to this transaction. Staff is seeking quotes from carriers to provide such insurance with the most suitable and competitive terms and conditions. Staff will review these quotes and policy forms for breadth of coverage,exclusions, deductibles, and premiums offered,and return to the Board prior to close of escrow on this purchase with a recommendation about obtaining such coverage. A general estimate of the premium range for this type of coverage is anticipated to range from $120,000 to $200,000,depending on the terms of the policy offered. BUDGET CONSIDERATIONS 2005-2006 Budget for New Land Purchases New Land* $19,755,120 New Land Purchased this year (6,500,000) POST(Driscoll Ranch)Property (9,000,000) New Land Purchase Budget Remaining $4,255,120 *Reflects Mid-Year Budget Adjustment Controller M. Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. Current Coastside Protection Area Fiscal Considerations The 3,68 1-acre property is located in the Coastside Protection Area and is subject to the Agreement Between San Mateo County and the Midueninsula Regional Open Space District (Regarding Fire Services) and the easterly 1,350-acre portion of the property bounded by Harrington Creek to the west and Highway 84 to the east is subject to an Agreement Between La Honda—Pescadero UnifitedSchool District and Midpeninsula Regional Open Space District. As part of the County Fire Agreement, the District will pay to San Mateo County Fire Department annual fees for fire services that are not currently provided with the State Responsibility Area of CDF. The Fire Services Fee will be $12,067.83 based upon the pro rata share of the assessed value for this portion of the subject property. The fire services fee will increase 2%annually. Another condition of the County Fire Agreement takes effect when the District purchases 1,000 acres in the Coastside Protection Area: the District's agreement to contribute $50,000, on a one- time basis,to the County towards the purchase of a four-wheel drive fire engine. The fire engine will be used by the County to provide fire services to District-owned and District-managed land within the Coastside Protection Area. The fire engine contribution was budgeted for as part of the Coastside Protection Program in the Planning Department Budget for the 2005-2006 fiscal year. As part of the School District Agreement, the District will pay the School District an annual fee of$10,259.73. The School District services fee will increase 2%annually. The remaining 2,33 1-acre portion of the property is not located in the La Honda-Pescadero School District and is not,therefore, subject to this service fee. Assuming that Driscoll Ranches will be paying a possessory interest tax to the County of San Mateo, future collections of the fees payable under these Agreements will be reduced accordingly. R-06-07 Page 12 Staff has analyzed the conditions of the site and financial considerations associated with the proposed purchase and subsequent management of the property to ascertain whether the District has sufficient resources to sustain the project. The Coastside Protection Program includes a Fiscal Analysis conducted by Economics Research Associates confirming the feasibility of implementing that Program. The proposed purchase, Preliminary Use and Management Plan, and expected long-term management strategy are consistent with the Coastside Protection Program. The site assessment indicates that management costs associated with the proposed purchase are expected to be consistent with those projected in the Fiscal Analysis and Basic Service Plan. Staff has reviewed the revenue and other cost projections in the Fiscal Analysis and concluded that there have been no changes since the analysis was prepared that would affect its conclusions. Staff has further reviewed the expected management costs in light of the District's operating expenses and Controller's estimated tax revenue and cash flow projections for the current fiscal year and for the next ten years. Based on this analysis, staff concludes that purchasing and managing this property will not result in any significant impact to the District's existing services. Furthermore, staff assessed the costs associated with this project and compared them to the Controller's ten-year projections of cash flow, property tax revenue, and operating expenses. Using the assumptions established in the Basic Service Plan and Fiscal Analysis for staffing needs and land management expenses, staff determined that the District has the resources to sustain this project over the long term, including general cost estimates of remediation and insurance. Public Notification Written notices of this public meeting, where the Board of Directors will consider purchasing this property, have been sent to property owners of land located adjacent to or surrounding the subject property, participants in the La Honda Creek master planning process, agenda subscribers, individuals requesting notification of proposed Coastside projects,and Coastside public officials, community-interest groups, non-profit land trusts, conservation-oriented organizations, elected officials, government agencies and government-sponsored organizations within the Coastside Protection Area as well as attendees of the November 16, 2005 on-site public workshop. A notice was also published in the Half Moon Bay Review. Prepared by: Del Woods, Senior Acquisition Planner Matt Freeman, Senior Planner Michael C. Williams, Real Property Manager Map Prepared by: Matt Sagues, Open Space Planner I Contact Person: Michael C. Williams, Real Property Manager Attachments: Exhibit A: Initial Study, Mitigated Negative Declaration, and associated documents Exhibit B: Mitigation Monitoring Program POSD(Driscoll Ranch) F )perty Addition to La Honda Creek Open Space Preserve ' l •L.G.``• `•�1... L'�^,��.:.�, �� /' �/ �Trese 1 �` -,� -- ,ny �..��.. �, J; 7�ram; •Lti;� < �;-%�� /� �� ^� ,;'I��i � l .� ; r��•`_. - .'�``\�-�'\\t. 1 �:� it �,; ' ! to N. V , a o � i', �� •--�...� 1. .r'"•'' 1,.Q 11 .._._.......... a_J::-.-r '• -'1 ,.cam\l,r_. __�. �'.,,`—� ,�{ ('`"(` `�.- \ ��_��:-•:.� OResidential Areas e o o.2s o.s 1 Miles Produced by Midpeninsula Regional Open Space District, December 2005 Scale 1 32 OO RESOLUTION 06- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF PURCHASE AGREEMENT AND RELATED DOCUMENTS; AUTHORIZING GENERAL MANAGER TO EXECUTE SPRINGWATER EASEMENT AGREEMENT, RESIDENTIAL LEASE AGREEMENT,AND ASSIGNMENT OF LEASES AND SECURITY DEPOSITS; AUTHORIZING GENERAL MANAGER OR APPROPRIATE OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANTS TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREED OPEN SPACE PRESERVE—DRISCOLL RANCH PROPERTY—LANDS OF PENINSULA OPEN SPACE TRUST) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement—Bargain Sale between Peninsula Open Space Trust,a California non-profit, public benefit corporation and Midpeninsula Regional Open Space District, a California public agency, a copy of which is attached hereto and by reference made a part hereof, and authorizes the General Manager or appropriate officers to execute the Agreement on behalf of the District, and authorizes General Manager or the President or appropriate officers to execute the Springwater Easement Agreement(Exhibit C to the Purchase Agreement)with Driscoll Ranches, LLC; the Assignment of Leases and Security Deposits(Exhibit H to the Purchase Agreement); and the Residential Lease Agreement(Exhibit D to the Purchase Agreement). Section Two. The General Manager, President of the Board of Directors, or other appropriate officer are authorized to execute Certificates of Acceptance on behalf of the District for the conveyances approved in this transaction. Section Three. The General Manager of the District or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend the time for close of escrow if necessary or appropriate. The General Manager and General Counsel are further authorized to approve any revisions to the attached Agreements and other transactional documents that do not significantly change any term or condition thereof. The General Manager is authorized to approve subleases under the residential lease agreement that are on a month-to-month basis, consistent with the terms of the Residential Lease Agreement, and within the General Manager's statutory contracting authority of $25,000. The General Manager is authorized to execute such other transactional documents that are necessary or appropriate to the closing or implementation of this transaction. Section Four. The General Manager of the District is authorized to expend up to $25,000 to cover the cost of title insurance,escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$25,455,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis or otherwise set aside to pay the costs of this open space land purchase project,which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land purchase project expenditure. RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING THE MITIGATED NEGATIVE DECLARATION, THE MITIGATION MONITORING PROGRAM, AND THE FINDINGS IN CONNECTION WITH THE PROPOSED PURCHASE OF THE PENINSULA OPEN SPACE TRUST(DRISCOLL RANCH)PROPERTY AS AN ADDITION TO LA HONDA CREEK OPEN SPACE PRESERVE WHEREAS The Board of Directors of the Midpeninsula Regional Open Space District ("District") has reviewed the proposed purchase of the Peninsula Open Space Trust(Driscoll Ranch) Property and all associated actions("the Project")and has reviewed the Mitigated Negative Declaration ("MND")analyzing the environmental effects of the Project; NOW, THEREFORE, BE IT RESOLVED by the District Board of Directors that, based upon the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, all comments received, and all substantial evidence in light of the whole record presented,the Board of Directors finds that: 1. Notice of the availability of the Initial Study and Mitigated Negative Declaration and all hearings on the MND was given as required by law and the actions were conducted pursuant to California Environmental Quality Act(CEQA)and the CEQA Guidelines. 2. All interested parties desiring to comment on the MND were given the opportunity to submit oral and written comments on the adequacy of the MND prior to this action by the Board of Directors and all comments raised during the public comment period and at the public hearings on the MND were responded to adequately. 3. Prior to approving the Project that is the subject of the MND, the Board has considered the MND, along with all comments received during the public review process. 4. The Project is being carried out pursuant to Service Plan for the San Mateo County Coastal Annexation Area. The impacts of the Service Plan were evaluated in the Program Environmental Impact Report for the Service Plan for the San Mateo County Coastal Annexation Area certified by the MROSD Board of Directors on June 6, 2003 ("EIR"). The MND describes the Project impacts that are addressed in the EIR and identifies additional potential impacts that are not addressed in the EIR. Although these additional potential impacts could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the Project have been made by the District as a part of the proposed Project as discussed below. 5. The MND finds potentially significant effects with respect to the impacts described below and the Board hereby finds that these effects will be mitigated or avoided by the changes made in the Project as described below: a. With respect to potential impacts to air quality, as part of the site clean-up process,the District may choose to demolish certain unoccupied dilapidated structures that are no longer in use by the tenant or necessary for on-going agricultural operations. Given the ages of the various structures, a potential exists for the presence of asbestos-containing materials and lead paint associated with these structures. During demolition or removal of these structures, lead dust and asbestos fibers could be released into the air, potentially affecting site workers at the site. (Residents dwelling on the property will not be impacted by these activities given the relative distance to the clean-up locations.) This potential impact will be avoided by implementation of Mitigation Measure AIR-1, which ' ReooktkxuO6-__ Page has been adopted um part ofthe Project. That measure requires the District to adhere to existing regulations requiring abatement of lead and asbestos hazards and worker health and safety procedures during demolition activities. Ay explained in the N4NQD, these regulations require abatement ofall asbestos-containing materials and loose and peeling lead-based puicdo prior to demolition or renovation activities that would disturb them. Tbcno[ome,they will operate toavoid potential impacts to workers atthe site. h. With respect to p*tcohu| impacts to biological resources, actions to nonoediate soil contamination on the project site could result in pntcndu| impacts through the disturbance of upland areas that may provide habitat for California red-legged frog or San Francisco garter snake. This potential impact will be avoided 6v implementation of Mitigation Measure Bl[)'| which has been adopted um part o{the Project. That measure requires the District to consult and coordinate with the California Department ofFish and Game and the D.S. Fish and Wildlife Service during preparation and implementation ofusoils contamination menmediuiionplan. This will ensure that adequate mitigation measures and procedures are employed during any soil disturbance actions to prevent any adverse effects to these species. c. With respect to potential impacts umomoiatcd with hazardous materials, several contaminants are known to occur iu levels exceeding state regulatory guidelines within the soils oothe project site as well as potentially in various structures on the project nite. Unless properly managed, human exposure to contaminants in the soil could occur through inhalation of vapors from pctno|cunn products oc other volatile compounds that noiobt have accumulated in the soils; from inhalation of soil particles or dust containing elevated concentrations of metals, petroleum products or other volatile compounds, urguuoub|ohne puydcidem,or asbestos; or from direct contact with contaminants. This potential impact will be avoided by Mitigation Mnuouvcu BAZ-laand HAI'lbwhich have been adopted us part ofthe Project. Measure BAZ-|u requires the District torestrict access and disturbance to the areas containing hazardous materials. Until such u time uo the contaminated areas are m:,nediat*dto |cve|m below target health risk levels orfurther investigations show that no exposure pathways exist, access to contaminated areas will be restricted through the use of site access controls, including, but not limited to, fencing, � ai8nmQu, and site worker education. � Measure 8AZ-/b requires that, priortothe remediahunof the contaminated area ofthe � Property, the District prepare aSite Management Plan,which shall beu condition of approval of any proposed construction activities in any contaminated area of the � Property. The Site Management Plan would provide site-specific information for � � contractors and others developing the Project site that would improve their management � of environmental and health and safety contingencies and include protocols and � � procedures to avoid human exposure 0o contaminants on the Property. � Demolition or renovation of existing buildings or removal of asbestos-containing materials could release dust and asbestos fibers, potentially affecting site workers. This � potential impact is idcodce|to the impact described in Section 3.aubove, and this potential impact will be avoided hvMitigation MouauocB/&Z-2` v/bicb is identical to Mitigation Measure AIR-l discussed above. These Measures will ensure that potential human exposure to these contaminants is � avoided. � 6. The Board finds that, on the basis of the whole record before it, including the MND and all commentsr�o�ived,dmolth��� ianouuby�m�ia\ cvidnn��tbat�h� Proicc�vviUbuvcumi0nh�ouo� � ~ � effect un the environment in that, although the proposed Project could have significant effect on � Resolution 06-- Page 3 the environment,there will not be a significant effect in this case since Mitigation Measures have been made a part of the Project to avoid such effects. 7. The Board adopts the NIND and determines that the MND reflects the District's independent judgment and analysis. 8. The Board adopts the attached Mitigation Monitoring Program, which it requires to be implemented as part of the Project. 9. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are located at the offices of the General Manager of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California 94022.