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HomeMy Public PortalAbout20060927 - Agenda Packet - Board of Directors (BOD) - 06-24 I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 06-24 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday, September 27, 2006 330 Distel Circle, Los Altos,California AGENDA STUDY SESSION ON DRAFT GRAZING MANAGEMENT POLICY 5:30 INTRODUCTION—MATT FREEMAN 5:35 INTRODUCTION OF GUEST PRESENTERS/STUDY SESSION OUTLINE—KIRK LENINGTON + SHEILA BARRY—U.C. COOPERATIVE EXTENSION BAY AREA NATURAL RESOURCES/ LIVESTOCK ADVISOR • ORRIN SAGE/CINDY SAGE-ZSAGE ASSOCIATES 5:40 PRESENTATION—SHEILA BARRY 5:55 PRESENTATION—ORRIN SAGE 6:05 PRESENTATION OF DRAFT GRAZING MANAGEMENT POLICY—KIRK LENINGTON 6:15 BOARD/PUBLIC DISCUSSION OF DRAFT GRAZING MANAGEMENT POLICY 7:00 ADJOURNMENT TO REGULAR MEETING Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 06-24 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday, September 27, 2006 330 Distel Circle, Los Altos, California Please Note: 5:30 p.m. Special Meeting Study Session Start Time 7:00 p.m. Regular Meeting Start Time At the conclusion of the Board's public Agenda Items,the Board will meet in Closed Session to consider Closed Session Agenda Items I and 2. AGENDA* 5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL "GRAZING POLICIES STUDY SESSION ATTACHED GRAZING POLICIES 7:00 SPECIAL AND REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRIC F ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—J. Cyr ADOPTION OF CONSENT CALENDAR—J. Cyr BOARD BUSINESS 7:10* 1 Adopt Resolution of Board Appointing Michael Perez as a Peace Officer. —G. Baillie 7:20* 2 Agreement with Santa Clara County Fire Department to Conduct Prescribed Training Bums at the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve. Determine that the Recommended Actions as set out in the Report are Categorically Exempt under the CEQA,and Authorize General Manager to Execute Pen-nit Allowing the Santa Clara County Fire Department to Conduct Controlled Bums, for Training Purposes,at the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve,and to Enter Other Areas as Specified for Related Training not Involving Live Fire, from the Date of Execution Through December 31, 2008.—G. Baillie Meeting 06-24 Page 2 7:30 3 Approve Application to Habitat Conservation Fund Program for Assistance with Addition of Peninsula Open space Trust Madonna Creek Uplands Property to Mills Creek Open Space Preserve. Determine that the Recommended Action is Exempt from the California Environmental Quality Act and Adopt the Resolution Approving Application for Grant Funds.—D. Woods 7:45* 4 Completion of Exchange Agreement with Starlink Logistics Inc. Creating a Permanent Easement for San Francisco Bay Trail in the Community of East Palo Alto,and Proposed Conveyance Trail Easement to the City of Palo Alto at Ravenswood Open Space Preserve. Adopt Resolution Approving of an Amendment to the Agreement to Exchange Interest in Real Property with StarLink Logistics, Inc. Determine that the Recommended Action is Exempt from the California Environmental Quality Act and Adopt Resolution Approving an Amendment to the Agreement to Exchange Interests in Real Property and Authorizing the President of the Board of Directors to Execute the Amendment. Authorize the President of the Board of Directors to Execute the Public Trail Easement Conveying the Trail Easement to the City of Palo Alto.—M. Reeves 7:10* 1 Determine Whether to Renew the Ombudsperson Volunteer Agreement with Carol Joyce and Authorize the President of the Board of Directors to Execute the Second Amendment to the District Ombudsperson Volunteer Agreement with Carol Joyce, Extending the Agreement's Term for a Third Year—Sally Rice 6 Adopt Resolution Opposing Proposition 90—The Government Acquisition, Regulation of Private Property Initiative.—R. Jurgensen 7 Adopt Final Resolution to Amend the California Public Employees' Retirement System Contract Increasing the District's Retirement Formula from 2%at 55 to 2.5%at 55.—S. Rice REVISED CLAIMS 8:10* INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief Reports or announcements concerning activities of District Directors and Staff,opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on matter at a future meeting;or direct staff to place a matter on a future agenda. 8:25* CLOSED SESSION I, Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Name of Case:—Citizens for Responsible Open Space v. San Mateo County LAFCo, Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV442954 2. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Name of Case: Foaarty v. Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV441934 8:55* 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. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members oj'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)69 1-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-122 Meeting 06-24 September 27, 2006 STUDY SESSION ITEM I AGENDA ITEM Study Session to Review Draft Grazing Management P licy GENERAL MANAGER'S RECOMMENDATION .._,--------_._--- Review, discuss and comment on the attached Draft Grazing Management Policy. DISCUSSION The Board of Directors prioritized the development of resource management policies during a workshop held on October 25, 2004. At this workshop, the Board determined that the second priority for revision should be the District's Grazing Policy, which is presented as a new chapter to be added to the Resource Management Policies. The Board had previously adopted a set of policy statements addressing agricultural use (Resource Management Policies, 1994, Policy 10), however, the management of District lands with livestock as well as other agricultural uses were not thoroughly addressed within the existing policy. Management of the District's grassland communities with livestock is a critical resource management tool that can reduce the risk of wildfire and maintain viable native plant communities. Additionally, the use of cattle for grazing District lands not only helps the District attain resource management objectives, but also can provide needed rangeland for San Mateo coastal agricultural operators, supporting this industry on the coast. To develop the Draft Grazing Policy, staff met with representatives from a number of agencies and organizations including the San Mateo County Farm Bureau, San Francisco Public Utilities Commission, and in particular Sheila Barry of the University of California Cooperative Extension office for the Bay Area and John Warner of the United States Department of Agriculture, Natural Resources Conservation Service. Following the study session, staff will incorporate the Board's changes into a second draft, and will present this draft to the San Mateo County Farm Bureau and the San Mateo County Agriculture Advisory Committee. A final draft will then be presented to the Board for tentative adoption. Staff recommends a number of revisions to the existing Agricultural Use Policy to clarify the intent and mission of protecting and restoring the natural environment. Given the District'sg p g issues specific to managing the District's grassland habitats with livestock, staff feels that grazing should be developed as a stand-alone policy. The Grazing Policy would become a new chapter in the District's Resource Management Policies. The proposed Grazing Management Policy text is attached to this Report as Attachment A. J R-06-122 Page 2 Structurally, the policy text follows the same organization as the original Resource Management Policy,which is described in the preface to the 1994 document: "The Resource Management Policies are organized into chapters by subject and resource category. The chapter format generally consists of an introduction, goal,policies, and implementation measures. Each introduction provides background and rationale for the goal and policies that follow. The goal is phrased as a broad, general statement describing the desired state or condition to be achieved. The policies state what steps the District will take in order to attain that goal. Each policy includes one or more recommended implementation measures, highlighted by bullets (•). These implementation measures are intended to reflect current knowledge and practices regarding resource conservation,but are not necessarily comprehensive. They further define the policy by specifying the actions needed to carry it out." As with the revision of the water resources policy, tentatively adopted by you on June 22, 2005 (see Report R-05-69), staff is recommending that inconsistencies within the document that arise because of revisions be addressed at a later meeting, to be held at the conclusion of all the specific policy workshops. At this time, staff will present the Board with the completed revisions to the Resource Management Policy document with recommendations for changes necessary to ensure the document is internally consistent. CEQA COMPLIANCE The study session will not result in any action by the Board of Directors subject to CEQA compliance. Prepared by: Kirk Lenington,Resource Planner Contact Person Same as Above � September'2006 Ottovchme,mt ���� GRAZING MANAGEMENT � ��� GRAZING �������&������������ nv^ ��n�x-wu~nn��� u�u��"����w��um.��u� w The vegetation of the Santa Cruz mountains is comprised of a rich and diverse assemblage of plant species. This wealth of diversity was most evident within the grassland eooayotannn that evolved under variety ofdisturbance pnasmunnm including Ore and grazing by large herds of ungulate animnaKs, which are now mostly extinct. The flora that emerged has � been described as one of the most diverse, species rich and, unfortunately, also one of the The greatest diversity within the most endangered ecosystems in the United States. California's coastal grasslands � can be seen in,6rforbsor The anivo/ of early Spanish and Ang|o emtt|onm initiated a particularly dramatic change in � wildflowers that emerge/xthe species composition of California grasslands, primarily as a result of tilling the grasslands for � q»ri^g/o8«win8 winter rains. agricultural crop pnoduot|on, reduction of native grazing animals and introduction of cattle � � Sites with adequate herds brought over from Europe and let loose on the new rangeland. This introduction of � management of non-native now-native p/enbo and animne|m, coupled with the concurrent suppression of fina on the � vegetation will reward these landscape as the western United Qbabum was oatt|ed, resulted in the virtual nornp|ebm � efforts with bountiful displays uJ replacement of the native grassland vegetation with a predominately exotic, annual flora. � � � colorful spring wildflowers. The exotic vegetation is more competitive, produotive, and prolific than the native plants within which it coexists, and will tend to dominate and replace existing native grasses and � vvi|dOovvans. Over the last 150yeoro. coastal grassland areas have also experienced large- By some estimates, nearly 80y6 scale conversion to oQhou|tun* or urban development. The remaining undeveloped of the vegetation cover within grasslands face continued development pnaaeunm and are severely impacted by exotic. |nvaoiv��rganiome (�@6m�gmo�xus�emdc � v��om�ox� � The District's open space preserves contain large acreages of grasslands that in many eneem have been degraded duo to the pressures described above. Management of these grassland habitats is desirable to reduce the risk of wildfire and to maintain viable native Livestock ranching is a small plant communities. Vegetation management using livestock grazing or other resource � 6«/'/m/p«x��/6�B�y�n�� management tools can be a substitute for native grazing anirno(m and recurring fire to agricultural economy. As with achieve the District's objective of pnaserving, protecting and restoring the natural any business that depends oo environment. local�/�o�ocm,rand � services, livestock ranching is |n2003. the District completed the Service Plan for the San Mateo Coastal Annexation Area � increasingly threatened with and accompanying Environmental Impact Report for expansion of the District's boundaries each ranch that goes out Of to include coastal San Mateo County. The Service Plan recognized the unique value ofthe � 6»m/«eu. Every livestock San Mateo County coastal area and established Agricultural Policies to proaenwa and � rancher depends»^services encourage viable agricultural use of land. The Agricultural �o|-�-imm and Implementation Measures and oa/p/�'/«c/«�ne established inthis Grazing KmnegementPolicy are intended to supplement and complement veterinary care,/�«Jsu&uand the P lic es in the Service Plan. Furthermore, these Grazing Management de/ive,y,farm and ranch Policies N be implemented in manner that consistent with the Service Plan. infrastructure and livestock transportation � services. Ax land is taken out of ranching, all of these services � and supplies are incrementally � 10 Grazing Management 0ffe«tedand may cease m operate, increasing the burden /o,familieo and businesses who � choose m keep ranching, � � � ohinceilh District lands currently contain ant and iiaV: � approximately 5J00 acres of � grassland habitat. The largessUat t � cun�gnuuxAnzs/onJonzoare � within District lands inwestern � San Mateo County. � 104 � September 2006 GRAZING MANAGEMENT 10 GRAZING MANAGEMENT The vegetation of the Santa Cruz mountains is comprised9 of a rich and diverse assemblage of plant species. This wealth of diversity was most evident within the grassland ecosystems that evolved under a varietyof disturbancer essures including fire and grazing b larg e P g 9 9 Y 9 herds of ungulate animals, which are now mostly extinct. The flora that emerged has been described as one of the most diverse, species rich and, unfortunately, also one of the The greatest diversity within the most endangered ecosystems in the United States. California's coastal grasslands can be seen in the fortis or The arrival of early Spanish and Anglo settlers initia ted a particularly dramatic change in wildflowers that emerge in the species composition of California grasslands, primarily y as a result of tilling the grasslands for s rin ollowin winter rains. P gf g agricultural crop production reduction of native ve grazing animals and introduction of cattle Sites with adequate 9 herds brought over from Europe and let loose on the new rangeland. This introduction of management of non-native non-native plants and animals, coupled with the concurrent suppression of fire on the vegetation will reward these landscape as the western United States was settled, resulted in the virtual complete efforts with bountiful displays o ff1 replacement of the native grassland vegetation with a predominately exotic, annu al flora. colorful spring wildflowers. The exotic vegetation is more competitive, productive, and prolific than the native plants within which it coexists, and will tend to dominate and replace existing native grasses and wildflowers. Over the last 150 years, coastal grassland areas have also experienced large- By some estimates, nearly 80% scale conversion to agriculture or urban development. The remaining undeveloped of the vegetation cover within grasslands face continued development pressure and are severely impacted by exotic, invasive organisms. 9 California grasslands is exotic vegetation. The District's open space preserves contain large acreages of grasslands that in many areas have been degraded due to the pressures described above. Management of these grassland habitats is desirable to reduce the risk of wildfire and to maintain viable native Livestock ranching is a small plant communities. Vegetation management using livestock grazing or other resource but vital part of the Bay Area's management tools can be a substitute for native grazing animals and recurring fire to agricultural economy. As with achieve the District's objective of preserving, protecting and restoring the natural any business that depends on environment. local infrastructure and services, livestock ranching is In 2003, the District completed the Service Plan for the San Mateo Coastal Annexation Area increasingly threatened with and accompanying Environmental Impact Report for expansion of the District's boundaries each ranch that goes out of to include coastal San Mateo County. The Service Plan recognized the unique value of the business. Every livestock San Mateo County coastal area and established Agricultural Policies to preserve and rancher depends on services encourage viable agricultural use of land. The Policies and Implementation Measures and supplies including established in this Grazing Management Policy are intended to supplement and complement veterinary care,feed sales and the Agricultural Policies in the Service Plan. Furthermore, these Grazing Management delivery,farm and ranch Policies will be implemented in a manner that is consistent with the Service Plan. infrastructure supplies, and livestock transportation services. As land is taken out of ranching, all of these services and supplies are incrementally 10 Grazing Management affected and may cease to operate, increasing the burden for families and businesses who choose to keep ranching. Goal.- Manage`©lstrlct land with llvest©ck grazlni� thalltt l� c+c>m�it�tble ; with public`access; to maintain and enhance the diversityof s District lands currently contain native plant and lit t�Md� l �ltfl iE3; 11 it1 4 t9t # 1 " It1 l approximately tat. acres of ge for fire prptectlon, help sustlln the`local a0IP�Cg0At'11L 'e grassland habitat. The largest � _� 61 � - contiguous grassland areas are and preserve and fQster'app�reclat�on for th9 rag oty s ru�sl within District lands in western awigrlctllttlral herltaage. San Mateo County. 10-1 September 2006 GRAZING MANAGEMENT Policies and Implementation Measures 10.1 Ensure that grazing is compatible with and supports wildlife and wildlife habitats. • Inventory and assess sensitive habitats to identify areas requiring special protection. The conservation of these areas will take precedence over other uses and management practices that are determined to have an adverse effect on these resources. • Prepare site-specific management plans by a certified rangeland manager for Typicalfencing used to control preserves where grazing will be utilized as a resource management tool. The site movement is 5-strand specific management plan will be a component of the Use and Management Plan, barbwirefencing. Other including an agricultural production plan. fencing types that may be used include wood rail fencing and Manage agricultural leases and easements to protect and enhance riparian areas temporary electric fencing that and to maximize the protection or enhancement of water quality. (7.4) can be installed to seasonally restrict livestock to target areas or exclude livestock from 10.2 Provide necessary infrastructure to support and improve sensitive areas. grazing management where appropriate. 0 Utilize fencing that allows wildlife movement and fosters habitat connectivity. Wildlife friendly fences enable virtually all wild animals to 0 Encourage and assist grazing tenants on District land to provide range move through an area without improvements to restore or conserve wildland resources and to enhance range harm and with minimal condition. impediment 0 Inventory and assess roads and trails on District lands to identify significant erosion and sediment sources —abandon and where feasible restore to a natural condition poorly designed or sited roads. (7.3, 7.4) 10.3 Monitor environmental response to grazing on District lands. Residual Dry Matter(RDMI is 0 Monitor forage utilization and distribution by grazing animals to assure appropriate a measure of the amount of amounts of residual dry matter remain on the ground to achieve desired resource vegetation left on the ground, management objectives. typically measured at the end of the summer or fall. 0 Monitor livestock use levels and infrastructure condition to insure conformity with Appropriate levels of RDM strive to minimize thatch which lease provisions to contribute to improved management. , can inhibit new plant growth, 0 Monitor wildland conditions with an emphasis on documenting the location, while maintaining adequate levels of vegetation to prohibit distribution and abundance of native grasses, wildflowers, and other native flora and fauna. soil erosion. 0 Provide water sources and protect water quality from degradation resulting from grazing animals. Monitor water quality in ponds and watercourses with unrestricted livestock access. • Monitor non-native vegetation response to grazing with an emphasis on documenting the location, distribution and abundance of target, invasive species. 10-2 September'2006 GRAZING MANAGEMENT Fire reduction is a great 10.4 Utilize different livestock species to accomplish vegetation concern for some landowners. management objectives However, these animals are not 0 Research the effective use of cattle, goats, sheep, and horses to manage able to graze all land areas effectively,such as steep slopes vegetation on District lands. or slopes partially vegetated 0 Utilize appropriate species depending on management needs. with brush. In these instances, goats may be an effective alternative. Goat herds can be rented for a short period of time 10.5 Provide public access in a manner that does not adversely affect and can be moved with a goat the grazing operation unless no feasible alternative Is available. herder and dog(s)along with 0 Grazing operators on District lands or lands under easement to the District shall be portable fence enclosures. consulted when public access is being planned and considered for the property to minimize conflicts between the public and the grazing operation. 0 Install signage where appropriate to educate the public about the resource benefits of grazing and to educate visitors about approaching animals, closing gates, and other etiquette appropriate for moving through lands with livestock animals. 10.6 Grazing operations on District lands in the Coastside Protection Area will be managed in accordance with the policies established in the Service Plan for the San Mateo Coastal Annexation Area. • The District will consult with the San Mateo County Farm Bureau and San Mateo County Agricultural Advisory Committee in the development of site-specific use and management plans and site-specific agricultural production plans in the Coastside Protection Area. 10-3 September42006 GRAZING MANAGEMENT Glossary of Terms 5-strand barbwire fencing—fencing typically used in ranching operations to confine livestock to established areas,constructed of five evenly spaced rows of barbwire stretched between posts comprised of wood or metal. Flora—the plants of a particular region or period. Forbs—a broad-leaved herb other than a grass, especially one growing in a field prairie,or meadow. g P Y 9 9 , P � i Infrastructure—improvements made to a property to support an agricultural operation such as fencing, roads,water supply systems and structures. Livestock—the horses,cattle, sheep,and other useful animals kept or raised on a farm or ranch. Non-native(exotic)—those species that were not present in the Santa Cruz Mountains region of California prior to the large scale development of the American continent by European humans prior to 1769. Residual Dry Matter(RDM)—a measure of the amount of vegetation left on the ground from the previous year's growth,typically measured at the end of the summer or fall. Ungulate animals—hoofed mammals,formerly grouped into the single order Ungulata, now divided into the odd-toed perissodactyls and even-toed artiodactyls I 10-4 4 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I R-06-1 I 1 Meeting 06-24 September 27, 2006 AGENDA ITEM 1 I I AGENDA ITEM Appointment of Michael Perez as a Peace Officer GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution of the Board appointing Michael Perez as a peace officer. DISCUSSION At your meeting of January 14, 1976, you decided that District rangers should be appointed peace officers as outlined under Section 830.31(b) of the Penal Code of the State of California(see Report R-76-02). Michael Perez has met the necessary Penal Code requirements to qualify him for appointment. The passage of the attached Resolution will complete the appointment process. Prepared by: Gordon Baillie, Management Analyst Contact person: John A. Maci et i w " RESOLUTION NO. 06- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b)of the Penal Code of the State of California,to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those city,county,and state regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Michael Perez �I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | � | &-06-117 � � Mceting06'24 September � 27, 2O06 AGENDA ITEM �� � � ,�^�u�^..~^� " " ��m" = AGENDAITEM Agreement with Santa Clara County Fire Department to Cortduct Presc ed Training Burns at the Rancho � de Guadalupe Area of Sierra Azul Open Space Preserve GENERAL, MANAGER'S RECOMMENDATIONS l Determine that the recommended actions as set out in this report are categorically exempt under the California Environmental Quality Act(CB(}A). 2. Authorize the General Manager to execute the attached Permit to Enter for the purpose of allowing | the Santa Clara County Fire Department to conduct oonku\|cd burns, for training purposes, at the � Rancho de Guadalupe area of Sierra Azu| Open Space Preserve, and |o enter other areas uy specified for related training not involving live fire from the date nfexecution through December � 3|, 2OU8. BACKGROUND � The District has received u request from the Santa Clara County Fire Department to conduct controlled � burns, for training purposes, on a portion of the former Rancho de Guadalupe property in Sierra Azul Open � Space Preserve. The request istoburn upto nine(A) ncm:�of grassland adjacent tm the Cherry Springs Reservoir at a maximum of one burn per calendar year over a three year period (see Exhibit \). This � project would be a repetition of the controlled burns which were successfully conducted in 1997 (aee � RuodR-g7-73)' l999 (see Report R-99-60), 2003 (see Report R-03-45)and 2OU4 (see Report B4O4-j|). � Board approval was also obtained 0u conduct u burn in2O0\ (see Report R'Ol~82)and in2006 (see reports R-05-65 and R-05-80); however, burns were not conducted because staff from other fire fighting agencies were not available. & second Board report was written in 2000 because the |imbi|hv |unguuAr was changed and Board approval was obtained for the new language. The language in the attached Permit to Enter ia subotantive|ysimi|urto {haJofthe |unguugointheagreomnentuUucbrd1oropVd}l-05-U80. � � DlSCO88T(JN � � The projectwill involve burning up0o nine yA acres of grassland and sparse chaparral. This particular site � was chosen because the gentle slope, combined with light fuels, is appropriate for conducting a safe burn, � with minimal erosion potential. The site in easily accessible and water in readily available. /\ 100'000 � gallon water tank provides mn excellent water mouoc. Two fire hydrants are in the burn area, and two � additional hydrants are in close proximity. In addition, the site is remote and closed to the public, so the project will not interfere with recreational activities or neighboring properties. Additionally the District now has a 1,800-gm||on water tanker which will be available to provide additional support for the burn. � ' ` R-06-117 Page � Pending Board approval, �xdb��ca iyodudu�� �v]humduv On�h�r2l Tb� � � _,,' — .. '' ^ ependent upon ��m��ff�d ��umcm �ingmmi|�� �d1����� �ing to safely� appropriate ' � the burn. Vim anticipated that one burn per calendar year would occur in tile designated area, for maximum of three burns. � The date for this year's burn works well for staff, and provides all opportunity k/train new firefighters who � � are currently uftcndin8 the Joint Agency Fire Academy. Firefighters hnm this academy are from many of � the jurisdictions which provide fire services tothe District. |n addition, staff from the District and Santa � Clara County Fire Department will hc on-site prior/nthe event to prepare for the burns, which will involve � � sorne vegetation clearing and a small arnount of burning around the edge of the site(black-lining)to � � protect trees and to provide further protection against escape of tile fire. Future year's burns would be � scheduled to best meet the training needs of the District and Santa Clara County Fire. � Santa Clara County Fire Department will be the lead agency inconducting tbe exercises. h will be responsible for controlling site access, conducting the burns, providing logistical support, and complying i � with Bay Area Air Quality Management District regulations. The California Department of Forestry and ' � Fire Protection (CDF)and other local agencies may also participate in the training. The project will provide the following benefits for the District: � | VVi|d|und Fire Incident System County �ir� l)�puMmcn\ � � � staff. � 2. Improved working relationship with Santa Clara County Fin: Department. 3. Reduction of fuel load in the burn area and subsequent reduction of the possibility ofawiN|und fire. | 4. Enhancement of native vegetation and removal of exotic vegetation through the re-introduction of naturally occurring fire, Linder controlled conditions. 5. Research opportunities for the District's Resource Management Specialist on the effect of | wiN|ond fire on vegetation management. RESOURCE MANAGEMENT CONSIDERATIONS | To evaluate the spectrum of environmental concerns, a checklist developed by CDF for vegetation management burns was used. The results of the checklist show no significant impacts on water resources, � soil stability, vegetation, habitat, wildlife, air quality, or visual aesthetics. The vegetation community of the burn area is approximately 85% non-native annual and perennial � grassland. Burns in this area will enhance native vegetation diversity by reducing non-native competitive species and thatch accumulation. Monitoring has been conducted for burns held in this area in previous � years 10 assess tile changes in species composition and distribution caused by the burns. The 1997 and | {9P4 burns resulted in reduced thatch coverage, which hen¥fi{ednative grasses. / The impact oil wildlife of these grassland burns will be nnioinou| due to the seasonal timing and the low � intensity of the burn. No rare orendangered species inhabit the burn area. Horned lizards have been sighted on the Lipper chaparral slopes ofthe preserve, but not in the burn area. Resource Protection To ensure adequate protection of the area, staff has placed certain constraints 0u the project, which are specified in the attached Permit to Enter. Among the conditions are the following: � � � � � . � R-06-117 Page 3 District staff will bc on-site for the duration of the events. Santa Clara County Fire Department � must minimize off-road driving of vehicles. � Archeological Review Prior tothe 1997 Project Wildfire exercise, the Silicon Valley Defense Space Consortium paid � for an archaeological review ofthe bum area. The review showed that there were no significant � archeological resources iu the area. CEQA COMPLIANCE Proiect Description � | � The projectuoosimsuf burning upto nine acres o[grassland and sparse chaparral a1 the Rancho dc / � Guadalupe area of the Sierra Azul Open Space Preserve for the purpose of training and study. The burn � � project will occur during the period of September 27, 2006 and December 3 1, 2008, with a maximurn of � three burns occurring during the project poriodvvithumoxinnurno[oneburnpercu|cndaryeuc i � CEQA Determination � Staff concludes that this project vviUno\huveaaiguificxnt effect on the environment. Uimcategorically | � | � exempt from CEQA (the California Environmental Quality Act) under Sections 15304 and 15306 of the CE0& Guidelines asfollows: � Section 15304 uUovm activities resulting in mino,alterations to land such as� urudin�� |audacopio�� filling |~ of earth, undhuuk�Uin� The conhw|bdburnamrcabnihrtndnese activities in that � � they are only u temporary alteration to the land. 1u comparison to other agencies who regularly conduct � controlled burns of areas greater than 50uorea the proposed nine-acre burns are considered small, � � resulting in little impact tothe land. The vegetation ixa grassland community. No trees will be removed and the reduction of thatch and competitive species from the area will result in habitat improvements. � � Further exemption is covered under Section 15306, which allows for "basic data collection, research, / experimental management, and resource evaluation ochvhiea." This project wi|| inoremuptheDistriut'm � knowledge of the role of fire in vegetation management. | PUBLIC NOTIFICATION | � Neighbors, who live adjacent tothe Rancho de Guadalupe area o[Sierra Azu| Open Space Preserve, and | those listed in the "Interested Parties,"database have been notified of the Board's consideration of this report. Notification would also bc made to neighbors prior to each year's burn. � � Prepared by: � GordonBaiUie, Management Analyst � Cindy Roessler, Resource Management Specialist � Contact Person: � GordonBaUke, Management Analyst � � � � | | � � � � � _ __ i Sierra Azul - Burn Area Map Exhibit 1 b0 I 1000 1j Read Paved 112, t. Cherry Springs Pond Un ved 1 11•0 R s ISO E � t 160P I R jib IAW I Burn Area IFire Hydrants Sierra Azul Open Space Preserve e 125 250 5°° Feet Rancho de Guadalupe Produced by Midpeninsula Regional Open Space District, September 2006 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a California public District (hereinafter "MROSD"), and Santa Clara County Fire Department, a California public Fire Protection District(hereinafter"COUNTY FIRE"). The parties hereby agree as follows: 1.0 Property MROSD grants COUNTY FIRE permission to enter the portion of Sierra Azul Open Space Preserve (hereinafter the "Property") located in unincorporated Santa Clara County, as shown on the attached map (Exhibit 1) and as described below. Access to the Property will be via Hicks and Pheasant Roads. 2.0 Purpose This Permit to Enter is for the purpose of conducting wildland prescribed burns in the areas shown on the attached map (Exhibit 1) as referenced in the Incident Action Plan (hereinafter "Project"), and related training, subject to the terms and conditions of this permit. 3.0 Project Conditions The project shall be subject to the following conditions: 1. COUNTY FIRE will be responsible for obtaining all necessary government permits for the Project. 2. COUNTY FIRE will conduct a maximum of three wildland fire burns which shall occur no more than once per calendar year. 3. COUNTY FIRE will work in conjunction with MROSD to prepare an Incident Action Plan (hereinafter the "IAP,") and Burn Plan for the Project and the Project will be managed by County Fire and MROSD in accordance with the IAP and Burn Plan. The IAP and Burn Plan will include a minimum of the following elements: a. Map of the planned burn site and planned access routes. b. Plans for sanitation and other support services. c. Identification and protection of sensitive resource sites. d. Number and type of fire apparatus assigned to the burn, and planned staging areas for additional staffing equipment. and e ui ment. e. Plan for mutual aid in case the fire escapes containment lines. 1 I� f. Overview of command and control structure, including communications plan. g. Plan for medical emergencies, including an identified helicopter landing zone. h. Plan for post-fire monitoring and cleanup. 4. The Project will be conducted under standard Incident Command procedures, including the provision for a Safety Officer. 5. COUNTY FIRE will limit off-road driving by fire apparatus to minimize soil compaction. 6. COUNTY FIRE will provide MROSD with a schedule of operations and keep MROSD informed of any changes in the schedule. 7. Prior to leaving the site COUNTY FIRE and MROSD will patrol the burn site to ensure that all sources of ignition have been extinguished. 8. In no event shall equipment or materials be left unattended on MROSD property. 9. MROSD shall provide COUNTY FIRE with lock combinations or keys for access to any necessary gates. 10. COUNTY FIRE shall be the lead agency for fire suppression and control for the duration of the Project. 11. A copy of this Permit shall be maintained on site at all times while the Project is taking place. 12. MROSD will be responsible for informing neighboring residents and adjacent land owners of any site-preparation activities which involve burning (i.e. black-lining). 13. In the event that COUNTY FIRE produces for distribution a news release or other type of media advisory pursuant to the Project, MROSD will be provided with a draft of the release for review prior to distribution and will be given the opportunity to include in that document a typical MROSD descriptive paragraph. If COUNTY FIRE engages in any other publicity activity pursuant to the Project, MROSD shall be named as a cooperating agency. 14. In the event that MROSD produces for distribution a news release or other type of media advisory pursuant to the Project, COUNTY FIRE will be provided with a draft of the release for review prior to distribution and will be given the opportunity to include in that document a descriptive paragraph. If MROSD engages in any other publicity activity pursuant to the Project, COUNTY FIRE shall be named as a cooperating agency. 2 15. COUNTY FIRE may also conduct related training, such as handline construction and tent- shelter drills, which do not involve the use of live fire. The details of such training, including location(s) and time(s) shall be arranged with the Foothills Area Superintendent in advance. 4.0 Term Access to the site for the purposes of conducting the Project pursuant to this Permit is limited to times and dates agreed upon (in writing) between MROSD and COUNTY FIRE. In the event that the Project must be rescheduled, this permit will still be valid as long as MROSD has written notification of the new dates and MROSD has agreed in writing to the new date(s). In order to do site preparation, COUNTY FIRE may also access the site on dates which are mutually agreed upon. This permit expires no later than December 31, 2008. 5.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: MROSD: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) copy to: John Maciel, Operations Manager COUNTY FIRE: Ken Waldvogel, Acting Fire Chief Santa Clara County Fire Department 14700 Winchester Blvd. Los Gatos, CA 95032-1818 (408) 378-4010 (408) 378-4079 (FAX) 6.0 Indemnification and Release of Liability COUNTY FIRE agrees that the use of equipment and tools on the property of MROSD shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of MROSD or to the public. COUNTY FIRE hereby waives all claims and recourse against MROSD, including the right of contribution for loss or damage to property, and releases, under this Permit to Enter, MROSD from any liability related to or in any way connected to COUNTY FIRE's activities under this Permit or COUNTY FIRE's use of the Project site, premises, or facilities. 3 MROSD hereby waives all claims and recourse against COUNTY FIRE, including the right of contribution for loss or damage to property, and releases, under this Permit to Enter, COUNTY FIRE from any liability related to or in any way connected to MROSD's activities under this permit or MROSD's use of the Project site, premises, or facilities. COUNTY FIRE agrees to indemnify, hold harmless, defend and protect MROSD, its officers, officials, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties,judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of COUNTY FIRE, under this Permit to Enter, both on and off the Project site. MROSD agrees to indemnify, hold harmless, defend and protect COUNTY FIRE, its officers, officials, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties,judgments, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of MROSD, under this Permit to Enter, both on and off the Project site. COUNTY FIRE and its agents shall have sole responsibility for the safeguarding of their equipment, property, and personnel (i.e., employees, agents, officers and guests) from any and all injury, death, or damage. MROSD and its agents shall have sole responsibility for the safeguarding of their equipment, property, and personnel (i.e., employees, agents, officers and guests) from any and all injury, death, or damage. COUNTY FIRE and MROSD agree to cooperate in the event of claims or litigation against either COUNTY FIRE or MROSD by a third party. In the event liability arises due to the alleged concurrent negligence of COUNTY FIRE and MROSD, or any combination thereof, each party shall contribute costs of any such suits, defense, damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. 7.0 Insurance Throughout the term of this agreement, COUNTY FIRE, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage arising out of the COUNTY FIRE's activities pursuant to this Permit to Enter. Limits shall be not less than $5,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. This pen-nit is not valid without COUNTY FIRE's insurance in effect as shown on the attached Endorsement of Insurance (Exhibit 2), which is made a part of this Permit. The policy endorsement shall name MROSD as an additional insured. 4 Throughout the term of this agreement, COUNTY FIRE, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. Each agency is responsible for the Workers Compensation coverage for their own employees, volunteers and agents. Such insurance policies shall not be cancelled or materially changed without thirty (30) days advance written notice to MROSD at the address shown under Section 5.0, NOTICES. These insurance requirements may be met by COUNTY FIRE'S membership in a California Government self-insurance pool. Proof of the exitence and limits of such coverage and membership in the pool must be provided by COUNTY FIRE to MROSD prior to conducting any activity under this permit. 8.0 Cancellation This Permit To Enter shall be cancellable by MROSD upon 24 hours' notice to COUNTY FIRE. The above Permit to Enter has been read and understood and is hereby agreed to and accepted. COUNTY FIRE By Date Ken Waldvogel, Acting Fire Chief MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date L. Craig Britton, General Manager Attest Date Sally Rice, District Clerk Approved as to Form: By Susan Schectman, Legal Counsel Attachments: Exhibit I - Map of burn site Exhibit 2 - Endorsement of Insurance 5 Sierra Azul - Burn Area Map Exhibit 1 »o _ � I i y7p I r a tzoaa ,na Page 4; Cherry Springs Pond 140 i Un ved �2-0 i R ads 4 I g �o Burn Area ill Q Fire Hydrants Sierra Azul Open Space Preserve e t,5 250 500 Feet Rancho de Guadalupe Produced by Midpeninsula Regional Open Space District, September 2006 6 � . . � � � Regional Open�U� ��K���� �M � . . � �~ � � � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06'|2l � � Meeting O6-24 � September 27' 2006 � ���|������ K���� � ���"���`��^� � � ��^~� ~^ ----' � Approval f Application to theHabitat i d Program for the Peninsula Open Space Trust Madonna Creek Uplands Property to ills Creek Open Space Preserve (San Mateo County �--- . � ACTING GENERAL MANAGER'S RECOMMENDATIONS \ Determine that the recommended action is exempt from the California Environmental Quality Act � oCEOA mo set out in this 2. Adopt the attached Resolution of the Board nf Directors n[the Midpe'inau|u Regional (}oen Space District approving the application for grant funds from the Habitat Conservation Fund Program for the addition of tile Peninsula Open Space Trust(POST) Madonna Creek Uplands Property to Mills Creek Open Space Preserve. DISCUSSION (see attached map) The Habitat Conservation Fund (HCF) is a statewide grant program that provides $2 million annually � under tile California Wildlife Protection Act o[|99O. Tile monies are distributed 10 local agencies us 50 percent matching grants for acquisition, restoration, or enhancement of wildlife habitat, and for trails � and programs that provide access to park and wildlife areas. The application deadline for the current � funding cycle is October 1, 2006 and selection of recipients should be made by the end of January 20O7. � Acquisition grants can be matched only by non-State funds or gifts of property made available as part of � the acquisition project. � Funds are available for projects in six categories. Four u[the six categoriesare funded each year oil a rotational basis. More than one project application can be submitted, but n project cmn only be submitted in one o[the four eligible categories inone year, even though it may qualify for more than one. The categories are listed below with those eligible fh,2U07-2OO8 funding shown in bold print. k' Rare, Endangered,Threatened or Fully Protected Species Habitat 2. Deer and Mmmmtmim |Ltmu Habitat 3. Riparian Habitat 4. Wetland Habitat 5. Wildlife Corridors and Urban Trails 6. &nodromoua8u|monida and Trout Habitat Tile District is proposing to submit an application for this funding cycle in tile Rare, Endandered, Threatened or Fully Protected Species Habitat category for $500,000 matching grunt to uomimt in � purchasing the 359-ucre Madonna Creek Uplands property. The property is situated in rural Sun Mateo / County just east of the city o[Half Moon Bay. The property is bounded 6v Madonna Creek to the north | and Mills Creek Open Space Preserve to the east. Access im available byo private, unyur[uuedroad | approximately 1.5 miles from the intersection of State Highways | und92. The property includes significant portion of Miramontes Ridge and slopes that lie between Madonna and Mills Creeks. The two | � � . . ! K'06'121 Page dominant phvyinuraohic features uf tile property are the scenic top ofK4irun`ontes Ridge, which is central � to the projectsite, and Madonna Creek below on the northern perimeter. Right at tile northwest corner of the property Madonna Creek uutcm Piiarcinzs Creek, udesignuiod stee|heud stream. /\unnu1| intermittent unnamed stream, locally known as Miramontes Creek, lies at the southern boundary. The terrain varies from gentle terraces along the top of the ridges tu extremely steep hillsides failing sharply off in u northeasterly direction to Madonna Creek. Rolling gentler grades *u the south and west lead down toward the cooyCu| lowland of Half Moon Bay and N3ir000nn1esCreek. Protection of habitat for sixteen rare and endangered or threatened species in this area was initiated by the District io20O|, when the Mills Creek Open Space Preserve was first established near Skyline Boulevard. The original purchase was assisted with u grant from the Habitat Conservation Fund. Habitat protection | � efforts were enhanced hvao increase io the size of the Preserve through the purchase mfthe 676-uon: � ~ � MimmonteaRidge property from POST with funding assistance from the California Coastal � Conservancy. This newest proposed purchase would extend District protection of habitat and wildlife � � corridor for these rare species, continuing the goals of both the District and the BCF program, and adding � � natural, rccncu1iono\' and interpretive resources tothe Preserve. The special atab/a species that would | � � benefit from protection of the habitat within Madonna Creek Uplands includes Central coast stee\bnod / trout and California red-legged frogs that inhabit the creeks bordering the property, and a number of raptors and other terrestrial uninou|m that use the property for migration, forage, or refuge. � � ln addition 1u qualifying for u grant inthe Endandured, Threatened o,Fully Protected Species Habitat | category, Madonna Creek Uplands has additional attributes that would warrant support by HCF in other | categories. Deer and mountain lion are present, and the property is an integral and contiguous part nfu large protected area suited to those animals—an area which includes District preserve land, Budeiob | � Murray Ranch State Park, and San Francisco Water District watershed land. Stee|heud trout found in Madonna Creek would qualify for an application for funding under the anadromous salmonid category in other years. The riparian zones next to Madonna Creek and another smaller stream are healthy and dense, | � albeit limited, and add on important niche bybroadening the overall habitat variety, and constitute another | RCF favored category, Finally, opportunity im available within this parcel for a public trail with potential | � for link from the planned Bay Area Ridge Trail to the trail now in place along PUarcitoa Creek through Half Moon Buy. This would give access between the ridge and the regionally significant Coast Trail, connecting the open space to the urban area. � The western extension of Miramontes Ridge, a key feature of Mills Creek Open Space Preserve, lies / � within the project aitc. The ridge is a prominent and imposing landscape feature that overlooks the | � coastal lowland. Extending from Skyline Boulevard to tile east side of the City of Half Moon Bay,the � ridge separates the watershed of Pilarcitos Creek and its tributary Madonna Creek from that of Mills | ' Creek. Whether seen from the Skyline Scenic Corridor along Highways 35 and 92, from Mills Creek Open Space Preserve, from Bur|eigb Murray Ranch State Park, o,from the coastal area below, the ridge � � is central to the uninterrupted open landscape scenery that gives character to the region. Likewise, views | � � of the ocean and lowlands from the ridge are spectacular, offering a glimpse of what much of coastal California once was, but has now largely been lost to urbanization. | CEQA COMPLIANCE Project Description The project cmuoim|uof1hcDiybictaubmittinQunupp|icm1iontotbo8ubitakCnoservo1ionFundfora matching grant to assist in purchasing the 350-acre Madonna Creek Uplands property uaun addition to | Mills Creek Open Space Preserve. Under the terms of the grant, the District is not required Vopurchase the property nor expend the funds ifthe grant ivawarded. |f the District were to purchase the property o1 | a later date, dimreasonable to expect tile property would be nounugcd in the same manner um the adjacent � Mills Creek Open Space Preserve. This includes providing for securing, patrolling, and removing waste � | materials from the property. Very limited pubic use would continue to be allowed in the form ofpermits | � � | ' ` | R-06-121 Page f�nc a�d��-|� hikes. The�p�/mmu� be included io uGmd���� PlanK`r��iUm (�ncek(}oeoSpac* P,eacrvc, vrhichvvou|ddoteomine`vha1typeuodocopeofuoeound � inop,oveoocnt might ultimately occur on the property;this planning process would include any required environmental review. The land would be permanently preserved us open space. Although closed 1othe public during the planning process,the property would be expected tobc ultimately open tm low iotenuKv � —' � recreational use, assuming that the planning process did not reveal significant impediments to such use. � The suitability of the land for potential compatible agricultural use would also be evaluated. However, the action before the Board u1 this time solely concerns application for grant funds for potential � acquisition. No determinations are being made about future use and management of the property should dheacquired. CEQA Determination The District has concluded that the action being recommended in this Report is exempt from the CEQA. � � | � The proposed action seeks u funding mechanism. Submitting ail application 0o secure grant funds for a potential acquisition does not require the District topurchase the property nor expend the funds. Approval of this funding mechanism has nopossible significant physical impact onthe environment | � undcrCE[)A Guidelines Section 15061 (b)(3)and Sections 15370 (a)and(h). | � In addition, if the grant funds are secured by the District and the property were to be purchased at later dute,the pnope�yoddhinnto��i||m (�cenk(}o�n3pucc�,�mrrv�vvou|du|oob��s�nop�f�omuC�[}/�� The � ^ | District concludes the purchase would not have u significant effect onthe environment. Dimcategorically | � exempt from CE(}& under Sections 15316, 15317, and 15925 of the CfI(}A Guidelines as follows: � Section |53\6 exempts the acquisition ofland in order U/create parks if the site ioina natural condition | and the management plan proposes to keep the area ina natural condition. {[the property were tobe purchased, it would not be developed and will remain in a natural condition. | Section l53|7 exempts the acceptance of fee interests iu order to maintain the open space character ofan ` | area. If the District were twpurchase fee interest,the property would maintain the open space character of / the area and no new development would be proposed as part of the land purchase. | Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. If the Diathctwerctopuruboyethopropedy, tbcpurchasevvou|dt:uonferfecop/necabipofrhcpnnpertytm1he | District and ensure it would be preserved as public open space by incorporating it into Mills Creek Open / Space Preserve. | � If the District were to purchase this property,the projectnmu|d be categorically exempt from CR()A / under three sections of the CEQA Guidelines. ,Any future determinations about he type and scope of uses � and improvements on the property would he subject to a future planning process and covi,ounucnto| ' review. Prepared by: � | � Del Woods, Senior Acquisition Planner | | | � Contact person: Same aaabove � | | | | � � RESOLUTION NO. 06- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENI­NSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM—FISCAL YEAR 2007-2008—UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR PURCHASE OF THE PENINSULA OPEN SPACE TRUST MADONNA CREEK UPLANDS PROPERTY WHEREAS,the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by Resolution the approval of application before submission of said application to the state; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition of the project; WHEREAS, said application contains assurance with which the applicant must comply. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: I. Approves the filing of an application to the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 for state grant assistance for the above project. 2. Certifies that said applicant understands the assurances and certification in the application form. 3. Certifies that said applicant has or will have available,prior to commencement of any work on the project included in this application, the required match, and will have sufficient funds to operate and maintain the project. 4. Appoints the General Manager as agent of the District to execute and submit all documents including, but not limited to, applications, agreements, amendments, and so on,which may be necessary to comply with the requirements of the Habitat Conservation Fund Grant Program. Madonna Creek Uplands Addition J41 fff Jis '�e.. •, ^� -} Jr 1 ` �" San IFwatershe ncisco \ j fj • 1 _i x Vj�..�� � ,, N` Proposed 359-acre \ r" { Ma Anna f Ranch(POS r Property Addition i h c J � �r�- Mills Creek Half�' Open Space Preserve Moon Bay J•J. ✓�;�" ���, Burlei h Murr Ranch a State Park � V A Johnston Ranch - :� t � :' �l# t. , _ 4 - tPurisima Creek Redwoods Open Space Preserve / y J 0 0.25 0.5 1 Exhibit A: Site Map a Miles Produced by Midpeninsula Regional Open Space District, September 2006 Scale 1:35,000 / ���^����U ����� ��pace ] ^~~;�" , ~� ~~ ! � .001 ~~ MENUS[11 A BEGIONA1 OPEN SPACE DISTRICT R-06-|20 � MeetingO6-24 September Z7, ZO06 AGENDA ITEM AGENDAITEM "=`,=��� " " "��," _4___' � ��~" ! Completion of Exchange Agreement with StarLink Logistics Inc. Creating a Permanent Easement for tile San Francisco Bay Trail in the Community of East Palo Alto, nd Proposed Conveyance of the Trail Easement to th City of Palo Alto at Ravenswood Open wAssessor's Parcel Number"n3 /22'020/ GENERAL MANAGER'S RECOMMENDATIONS \\ � {. Determine that the recommended actions are categoricallyexempt under the California � Environmental Quality Act(CEQA)as set forth io this report. � 2. Adopt the attached Resolution approving an Amendment 0othe Agreementto Exchange Interests in Real Property with StarLink Logistics, Inc., and authorizing tile President of the Board of Directors 0m execute the Amendment and the attached documents exchanging casement interests between S(m,Cink and the District. � � 3. Authorize the President of the Board of Directors to execute the attached Public Trail Easement, conveying the trail easement to the City of Palo Alto. � � I)ISCI ISSION (see attached maps) In June 1995. Rhone-Poulenc, Inc., subsequently acquired bv &vent sCrun Science and spun off uy StarLink Logistics, Inc. (StarLink), requested an easement from the District to enlarge ustorm drain in u � channel next to the District's pedestrian bridge at the Bay Road entrance to Ravenswood Open Space � Preserve. At that time, Rhone-Poulenc was also seeking to acquire u PG&E property bordering the Palo Alto Buy|onda. The District was interested in the levee top ofthe PG&E parcel because of its potential as u link extending the Sun Francisco Bay Trail. � Contingent upon Rhone-Poulenc purchasing the PG&E property, the District and Rhone-Poulenc agreed to an Easement Exchange Agreement whereby the District would receive approximately \,\20 lineal feet � of trail easement onthe PG&E levee along tile southeastern border, and Rhone-Poulenc would receive u � ten-foot-wide storm drainage easement across Bay Road. Because Rhone-Poulenc did not yet actually � � own the PG&E property when this Agreement was reached, the District agreed to grant Rhone-Poulenc a � | Permit 10 Enter to enlarge the storm drain, providing that Rhone-Poulenc would place a $}0,O00security deposit inun*n-intcreyi-beuring account with the District. Because the storm easement imacross � 1 ' dedicated land, the Board approved this exchange agreement by the required unanimous vote at its | | meeting of September 27, l9V5 (see Report Q'95'\|0). � � � | The Permit to Enter contained u provision that if, after five years, Rhone-Poulenc could not convey the | trail casement 0uthe District, it would forfeit the security deposit. Due to unforeseen de|uYo in acquiring the PG&E parcel, &vcndm requested an extension to the Easement Exchange Agreement, which you granted ot Your meeting of September 27, 200O (see Report It'OO-l\5). ln consideration o[this extension, Aventis agreed to convey an additional public trail easement for the Bay Trail to the District R-06-120 Page 2 over another parcel located south of the PG&E parcel at the end of Weeks Street. Trail casements across the Weeks Street parcel and the PG&E parcel would complete two of the three remaining missing links in the segment of Bay Trail between Ravenswood Open Space Preserve and the completed segments of the Bay Trail managed by Palo Alto and Mountain View to the south. The Agreement required Aventis to forfeit the $10,000 security deposit(that was still on deposit with the District) if it could not convey both the PG&E trail easement and the new Weeks Street trail easement on or before September 26, 2002. . After the District entered into the Extension Agreement with Aventis in 2000,the City of Palo Alto(Palo Alto) became an active partner with the District,the City of East Palo Alto,the Sail Francisco Bay Trail Project, and the Coastal Conservancy to complete the segment of the Bay Trail between Bay Road and Sail Francisquito Creek. Palo Alto became involved because it owns and manages the marsh that is bounded by Bay Road to the north and the west. Completion of this section of the Bay Trail will enhance public access to Palo Alto's marsh and the existing Bay Trail that extends south through Palo Alto Baylands and Mountain View Shoreline Park. Palo Alto agreed to become the recipient of the Weeks Street property trail easement and to take the lead in developing and managing the segment of the Bay Trail between Bay Road and San Francisquito Creek. StarLink, Aventis' successor in title, agreed to convey the Weeks Street property trail easement directly to Palo Alto as part of the consideration for the Extension Agreement with the District. You approved this conveyance at your December 15, 2004 meeting(see Report R-04-130), and StarLink granted the public trail easement to Palo Alto on January 10, 2005. StarLink completed the purchase of the PG&E parcel in 2004, setting the stage for completing the Easement Exchange Agreement. Following some delay, during which StarLink and Palo Alto resolved trail design and installation issues for the Weeks Street property trail easement, all parties are now prepared to complete the easement exchange between StarLink and the District, and to transfer title of a trail easement across the former PG&E property from the District to Palo Alto. Although the Extension Agreement expired in 2002, StarLink has been working in good faith to complete the original agreement exchange. The District is working closely with StarLink to complete the project and continues to hold the $10,000 security deposit in good faith. Staff recommends that the$10,000 security deposit be returned to StarLink once all obligations under the original Easement Exchange Agreement have been met. Included with this Report are four documents that, if approved by the Board, will allow the District to complete the exchange agreement with StarLink and subsequently to transfer title of the second StarLink trail easement to Palo Alto: I. Amendment to Agreement to Exchange Interests In Real Property, by and between StarLink and the District. 2. Grant of Storm Drainage Easement from District to StarLink. 3. Grant of Public Trail Easement from StarLink to District. 4. Grant of Public Trail Easement from District to Palo Alto. After it receives the trail easement from StarLink,the District will transfer the easement to the City of Palo Alto. The trail easement being conveyed to Palo Alto includes a reversionary provision requiring Palo Alto to convey the trail easement back to the District if the City should ever decide to dispose of this easement in the future, thereby protecting this section of the Bay Trail. DESCRIPTION The proposed 15-foot wide trail easement runs for approximately 1,120 feet along the levee top separating the StarLink property from the Baylands Nature Preserve. The northern terminus is located at Bay Road, and the southern terminus at an adjacent private property that is the final missing link in the � | R-06-120 Page � Bay Trail corridor running from Ravenswood Open Space Preserve all the way to the District's Stevens Creek Shoreline Nature Study Area. � The levee borders arestored marsh within the Palo Alto Buy|undmNutune Preserve. To the north and across Bay Road is the District's &uvenavood ( p�n Space Preserve. To the west, developed propertie s � have both industrial and residential uses. To the south,the levee extends across the aforementioned private property` then connects with the trail eunemneutucnouo SturLiuk`o Weeks Street property and on to | San PruncimquitmCreek. The levee and adjacent property have undergone remediation for contaminants that originated on the former Rhone-Poulenc property. As part ofu large-scale clean-up project udmministcmcdhythe Regional Water Quality Board, the levee has been sealed toprevent contaminants from spreading. The grant nfu � public trail includes upnovioiou prohibiting trail-construction disturbance mix inches below the ground � surface, which might break the protective seal. CF0A COMPLIANCE Project Description � The ���noi�� a�m�u��� easement across \o� d�i����� � . ~ granting � space purposes to 8tarLiuk Logistics, Inc. in exchange for Stur[inkgranting a permanent public trail easement to the District, and the subsequent transfer of the public trail easement from the District 1othe City of Palo Alto. The permanent storm drainage easement would mupenzedca temporary Pennit to Enter previously granted by the District that allowed StarLink`y corporate predecessor to enlarge omexisting � storm drain facility. The Permit to Enter and the proposed exchange of the storm drainage easement for the public trail easement was previously considered and approved by the District Board of Directors on Septcnnbcr27' 1995 after determining that these actions were categorically exempt from CE(}/\. Therefore,the CBO&compliance unu|yaio in this report considers only the modification to the original project, which is the proposed transfer of the public tnaUcumemueo1�wnothe[>iotrictto the City ofPalo � Alto. The trail easement, when conveyed to the City, will be opened to the public for low-intensity recreation. The modification tothe projectimoatugorioaUyexcouptfiomCB{}A(CuJiforoiuEnvironnmentu} [)ua|bv Act)under sections 15317, 15325und 15001. � Section 15317 exempts the acceptance of easement interests in order to maintain the open space character ufanarea. � Section 15325nzrnmpts transfers uf ownership interests in land to preserve the open space resources. � The action proposed ia also exempt under section |500l(b)(3)uo there isno possibility the actions may have usignificant effect on the environment. � Prepared by: Michael Reeves, Land Protection Specialist Contact Person: Suoncaaabove Graphics Prepared by: � Stella Cousins, Open Space Planner l | � RESOLUTION NO. 06- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING OFFICER TO EXECUTE SECOND AMENDMENT TO AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY WITH STARLINK LOGISTICS, INC. (STARLINK), AUTHORIZING OFFICER TO EXECUTE GRANT OF STORM DRAINAGE EASEMENT FROM DISTRICT TO STARLINK, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND GRANT OF PUBLIC TRAIL EASEMENT FROM STARLINK TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE GRANT OF PUBLIC TRAIL EASEMENT FROM DISTRICT TO CITY OF PALO ALTO, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THESE TRANSACTIONS (RAVENSWOOD OPEN SPACE PRESERVE—LANDS OF STARLINK LOGISTICS, INC. 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 Second Amendment to that certain Agreement to Exchange Interests in Real Property between StarLink Logistics, Inc. and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Amendment on behalf of the District. Section Two. The President of the Board of Directors, General Manager or other appropriate officer is authorized to execute the Storm Drainage Easement granting the real property interests being conveyed therein by the District to StarLink. Section Three. The President of the Board of Directors, General Manager or other appropriate officer is authorized to execute the Public Trail Easement from Starl-ink granting the real property interests being conveyed therein to the District, and to execute the Certificate of Acceptance on behalf of the District for this grant of easement. Section Four. The President of the Board of Directors, General Manager or other appropriate officer is authorized to execute the Public Trail Easement conveying the trail easement to the City of Palo Alto. Section Five. The General Manager of the District or his designee shall cause to be given appropriate notice of acceptance. The General Manager or his designee is further authorized to execute any and all other documents necessary or appropriate to the closing of the transactions with StarLink and the City of Palo Alto. * * * * * * * * * * * * * * * * * * * I 1 RAVENSWOOD OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (ON) �O DON EDWARDS SAN FRANCISCO BAY NATIONAL WILDLIFE REFUGE Ravenswood Point _ L 84 �e,M6 0 I DON EDWARDS$AN FRANCISCO BAY NATIONAL WILDLIFE REFUGE (RW02)vI _ L. RAVENSWOOD� / }OPEN SPACE PRESERVE/ SALT 111APORATOk' RAVENS�WOOD 1 0 OPEN SPACE PRESERVE MENLO PARK Cool y Landing cD (RWOI)CD .... ./ CN 3 3 Proposed Trail Easement o �ekbra Bay Road BAYLANDS' e -NATURE ASP, PRESER'VE+- E c Weeks Street Completed Trail Easement w Q' Runnymede Street cu 0 \v � ►• 00 \ ► 101 EAST PALO ALTO _ I and,NM­- P.o Alto Intciprrli.e Crnlre- P.lo All. Airport Municipal \-"�- �. Golf C.une i EXHIBIT 1: COMPLETION OF EXCHANGE 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 AGREEMENT - MROSD AND STARLINK LOGISTICS One Mile RAVENSAOD OPEN SPACE eRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT .- N t• RAVENSWOOD j OPEN SPACE 1 1.2 " PRESERVE 1 MENLO Y PARK �y dui l Cooley Landing (RW01) 1 Proposed Trail Easement Bay Road BAYLANDS` NATURE - PRESERVE Weeks Street _ Completed Trail Easement Runnymede Street StarLink Logistics - .. CM •� Properties L 1 - CV _ 00 O w EAST PALO ALTO F�a 4.,0. 0 Palo Alto Palo Alto Airport Municipal Golf Course a EXHIBIT 2: COMPLETION OF EXCHANGE AGREEMENT- EASEMENT LOCATIONS 0.0 .1 .2 .3 .4 .5 MILE EXHIBIT 3: PROPOSED STORM DRAINAGE EASEMENT 0 r a �- m 0 20' 40' O,p F L-J OUTFALL STRUCTURE /.10 COO CATCH BASIN ,� �0 MANHO o FOR o p�OPOSFp MANHOLE y � CONSTRICTION WORK AREA Figure GEOMATRIX MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Project No. EAST PALO ALTO, CALIFORNIA 1220-J AMENDMENT TO AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY This Amendment is to that certain Agreement to Exchange Interests in Real Property, dated 27 „ September , 1995, as amended from time to time {herein, the Exchange Agreement"),by and between STARLINK LOGISTICS, INC., a Delaware corporation (herein, "SLLI") and successor in interest to Rhone-Poulenc, Inc., and the MIDPENTNSULA REGIONAL OPEN SPACE DISTRICT, a California special district(herein, "District") and is entered into by the parties effective upon execution hereof by District. WHEREAS, pursuant to the Exchange Agreement, District issued to SLLI a Permit to Enter on certain District lands,known as San Mateo County Assessor's Parcel No. 63-590-04, for purposes of installation and maintenance of certain storm water drainage facilities ("Storm Drain"); and WHEREAS, SLLI and District, pursuant to said Exchange Agreement, agreed that upon SLLI's acquisition of certain lands, designated therein as "Parcel II", and the conveyance of a Public Trail Easement over said parcel, District would convey a permanent easement for the Storm Drain to SLLI; and WHEREAS, both parties are able and prepared to make such conveyances; and WHEREAS, as security for the performance of SLLI's obligations, SLLI deposited the sum of Ten Thousand Dollars ($10,000.00)with District(the"Security"); and WHEREAS, District and SLLI desire to perform their remaining obligations under said Exchange Agreement, NOW THEREFORE, District and SLLI agree as follows: 1. The Term of the Agreement is extended to include performance hereunder. 2. The parties knowingly and freely waive any procedural irregularities in or lapses of the Agreement, hereby ratify their individual past actions in relationship to the subject matter of the Agreement, and now acknowledge their present satisfaction with all prior performance of the other party under the Agreement, including any amendment thereof. 3. District shall execute herewith, and thereby convey to SLLI, that certain Storm Drainage Easement attached hereto and incorporated herein as Exhibit I. 4. SLLI shall execute herewith, and thereby convey to District, that certain Public Trail Easement attached hereto and incorporated herein as Exhibit II. i 5. District shall, concurrent with execution of this Amendment, tender its check in the sum of Ten-thousand Dollars ($10,000.00)to SLLI in full satisfaction of its obligations in relation to the Security. 6. Each party shall bear all costs incurred in the recordation of the conveyance to such party. I � 7. The provisions of the Hazardous Substance Indemnification of the Agreement shall survive the termination thereof. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed by their duly authorized officer or officers to be effective as of the date of full execution hereof. STARLINK LOGISTICS, INC.: h ' Date. �lgp� John A. Wichtrich, President MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: By: Date: Jed Cyr, President Board of Directors Attest: Sally Rice, District Clerk I EXHIBIT A RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94021 Attention: W. Reece Bader, Esq. STORM DRAINAGE EASEMENT This Grant of a STORM DRAINAGE EASEMENT (the "Easement") is made by the Midpeninsula Regional Open Space District, a California special district ("Grantor"), to StarLink Logistics Inc., a Delaware corporation, successor in interest of Aventis CropScience U.S.A. Holdings, Inc. ("Grantee"). RECITALS WHEREAS, Grantor is the owner of certain real property, commonly known as San Mateo County Assessor's Parcel No. 63-590-04 (the "Parcel"); and WHEREAS Grantor desires to grant an easement, for storm drainage purposes only, to Grantee as set forth herein, NOW, THEREFORE Grantor grants an Easement to Grantee as follows: 1. Grant and Purpose of Use. Grantor grants to Grantee an Easement across and under the Parcel as such is more particularly described in Exhibit A, attached hereto and incorporated herein, solely for the limited and exclusive purpose of storm water drainage, including maintenance and repair of facilities installed for that purpose. Grantee shall have the sole legal and financial responsibility for the repair and maintenance of the Easement. Except in emergency situations and routine monthly inspections and maintenance, Grantee shall notify Grantor in writing of any plans for repair and maintenance thereto, no later than 45 days prior to the proposed commencement of such work. Such written notice shall contain a description and plan of the proposed activity sufficient to allow Grantor to evaluate the potential impact of such on the Parcel. At its discretion, the Grantor may require alterations or changes to the repair and maintenance plan, but Grantor shall not unreasonably withhold permission to Grantees to repair and maintain storm drainage improvements. 2. Binding on Successors and Assigns. The grants and obligations, benefits and burdens of Grantor and Grantee shall be covenants running with the land and shall apply to, be binding upon, and inure to the benefit of all present and future owners and lien creditors of the Parcel, and its successors and assigns. i, 3. Non-Exclusive. The Easement granted herein is not exclusive, and the right is hereby reserved to grant such other easements, rights or privileges to such persons and for such purposes as the owner or owners of the Parcel in their discretion may select, so long as such purposes do not unreasonably interfere with the Easement granted herein. 4. Indemnification. Grantee agrees to indemnify and save Grantor harmless against and from all liabilities, obligations, damages,penalties, claims, costs and expenses, including without limitation, reasonable attorneys' and consultants' fees, paid, suffered, or incurred as a result of(i)the use of the storm drainage easement and the exercise of Grantee's rights hereunder, or(ii) a breach by Grantee of any terms of this Agreement. This indemnification shall survive the termination of this Agreement. 5. Notices. All notices, requests, consents, approvals, authorizations and other communications of every type and nature, required,permitted or otherwise given pursuant hereto shall be in writing and shall be deemed to have been given if and when a ("Notices") g g ( ) personally delivered, (b)transmitted by facsimile transmission, or(c)within three (3) days after the date of mailingif b United States certified or registered mail return receipt requested, Y , g p q postage prepaid, or(d) within one (1) day after the date of mailing if delivered to a recognized overnight delivery service. Any party may change or add its address for the purpose of receiving Notices by delivering Notice thereof to all other parties in the manner set forth herein. Until III such change is delivered in accordance with this Paragraph, the other parties may rely on the last g p Y Y Notice delivered by such party. Notices shall be delivered as follows: To Grantee: StarLink Logistics, Inc. One Copley Parkway, Suite 309 Morrisville,North Carolina 27560 Attention: Remediation Manager With a copy to: Orrick, Herrington & Sutcliffe LLP 1000 Marsh Road Menlo Park, California 94025 Attention: W. Reece Bader, Esq. To Grantor: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Attention: General Manager 6. Attorneys Fees. In the event of any action or proceeding, including any arbitration, brought by any party hereto against the other party under this Agreement, the prevailing party shall be entitled to recover all costs and expenses including its attorneys' fees in such action or proceeding in such amount as the court may adjudge reasonable. The prevailing party shall be determined by the court or arbitrator based upon an assessment of which party's major arguments made or positions taken in the proceedings could fairly be said to have prevailed over the other parry's major arguments or positions on major disputed issues in the court's or arbitrator's decision. If the party which shall have commenced or instituted the 2 I I arbitration, action, suit or proceeding shall dismiss or discontinue it without the concurrence of the other party, such other party shall be deemed the prevailing party. 7. Miscellaneous. No modification, amendment, revocation, termination or extension allowed hereunder shall be effective until a proper instrument in writing describing such modification, amendment, revocation, termination or extension has been properly executed, acknowledged and recorded in the Official Records. This Agreement, including the Recitals and the Exhibits attached hereto, contains the entire agreement among the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings among the parties pertaining to such subject mater. The headings in this Agreement are inserted for reference only and in no way define, describe or limit the scope or intent of this Agreement or of any of the provisions hereof. All of the grants and agreements herein contained are hereby declared to be severable and a finding by any court of competent jurisdiction that any of them or any clause or phrase thereof, is void, unlawful or unenforceable shall not affect the validity or enforceability of any other grants and agreements. This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one instrument. The parties agree to execute such instruments and documents and to undertake such actions as may be reasonably required in order to carry out the obligations set forth herein and to exercise the rights anted hereby. The terms and provisions of this Agreement are to apply to �' Y P � PP Y and bind the permitted successors and assigns of the parties hereto. P � IN WITNESS WHEREOF, the parties execute this Grant of Storm Drainage Easement. STARLINK LOGISTICS, INC., a Delaware MIDPENINSULA REGIONAL OPEN SPACE Corporation DISTRICT, a California special district By: Jo A. Wichtrich, President Jed Cyr, President Board of Directors Date: Date: rS E p i y� NOTARY PUBLIC i AI OV C � � ���l111111111�� 3 - - -- --- i EXHIBIT A (Storm Drainage Easement Legal Description) Being a Ten (10) Foot Wide Storm Drain Easement lying in a parcel of land conveyed to the Midpeninsula Regional Open Space District by grant deed filed June 22, 1981 in series #58323AS in the office of the Recorder, County of San Mateo, the centerline of said easement described below situated in the City of East Palo Alto, County of San Mateo, State of California, being more particularly described as follows: BEGINNING at a point on the Southwesterly line of said parcel and from which the centerline of Bay Road bears South 44 degrees 30 minutes 00 seconds East, 5.40 feet; thence leaving said Southwesterly line and along the centerline of said storm drain easement North 23 degrees 18 minutes 00 seconds East, 7.29 feet and North 5 degrees 13 minutes 08 seconds East, 57.86 feet to the POINT OF TERMINATION of said Ten (10) Foot Wide Storm Drain Easement. 4 2628-2 M28 DOCSSV 1:187755.3 2628-2 M28 EXHIBIT B RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: General Manager PUBLIC TRAIL EASEMENT THIS GRANT of a PUBLIC TRAIL EASEMENT ("Easement") is made by StarLink Logistics Inc., a Delaware corporation("Grantor"), to the Midpeninsula Regional Open Space District, a California special district ("Grantee"). RECITALS WHEREAS, Grantor is the owner of certain real property described in Exhibit A,, attached hereto and made a part hereof(the "Parcel"); and WHEREAS, pursuant to a certain Agreement to Exchange Interests in Real Property, dated September 27, 1995, as amended from time to time, the parties agreed to exchange certain real property interests in accordance with Public Resources Code §5540.5 (the "Exchange Agreement"); NOW THEREFORE, Grantor grants a Public Trail Easement to Grantee as follows: 1. Grant and Purpose of Use. Grantor grants to Grantee the Public Trail Easement across the Parcel for the limited and exclusive purpose of allowing public access for pedestrian and bicycle use, and for patrol and maintenance of said casement by Grantee, but excluding any other public use of said easement. The Public Trail Easement shall be across that portion of the Parcel described and depicted in Exhibit B, attached hereto and incorporated herein. 2. , Secondary Easement and Fencing. Grantee shall have a secondary easement (the "Secondary Easement") for the incidental purpose (the "Secondary Purpose"), subject to the terms of this Agreement, of grading or paving any portion of the Public Trail Easement at Grantee's own expense. Secondary Purpose improvement shall under no circumstances involve the disturbance, removal or penetration of materials into the soil below ground surface to a depth greater than six (6) inches, and shall be subject to the prior written approval of Grantor. Grantee shall notify Grantor in writing of any plans for a Secondary Purpose improvement, including repairs and maintenance thereto, no later than forty-five (45) days prior to commencement of any such work pursuant to this Secondary Easement. Such written notice shall contain a description and plan of the proposed activity sufficient to allow Grantor to evaluate the potential impact of such proposed grading or paving activity on the Parcel. At its discretion, Grantor may require alterations or changes to Grantee's Secondary Purpose improvement plan,but Grantor shall not unreasonably withhold permission to Grantee to install Secondary Purpose improvements. In the event that the existing fence encroaches on the Public Trail Easement, Grantee may request to Grantor that the existing fence be removed and relocated. If so requested, Grantor agrees to relocate the fence at Grantee's expense. In the event the fence is relocated at Grantee's request to a location on Grantor's property outside the Public Trail Easement, creating a"Greenway" adjacent to the trail on Grantor's property, Grantee shall be responsible for removal from the Greenway of all trash and other debris resulting from the establishment, use, maintenance or operation of the trail. 3. Binding on Successors and Assigns. The grants and obligations, benefits and burdens of Grantor and Grantee shall be covenants running with the land and shall apply to,be binding upon and inure to the benefit of all present and future owners and lien creditors of the Parcel, and its transferees, successors and assigns. 4. Maintenance and Repair. Grantee shall bear the sole responsibility for the repair and maintenance of the Public Trail Easement, any Greenway(s)created and any Secondary Purpose improvements installed by Grantee under the Secondary Easement. Maintenance and necessary repairs of the Public Trail Easement and the Secondary Easement shall be restricted to such activities as are necessary to facilitate the limited and exclusive purposes of the Public Trail Easement and the Secondary Easement. No maintenance or repair activity shall under any circumstance involve the disturbance, removal or penetration of materials into the soil below a depth of six(6) inches. Grantee agrees to repair and maintain the Public Trail Easement and any Secondary Purpose Improvements made thereon. If Grantee fails to do so, and after receipt of a thirty (30) day notice from Grantor requesting Grantee repair and maintain the Public Trail Easement and any Secondary Purpose Improvements made thereon, Grantor may undertake such repair and maintenance and Grantee agrees to promptly reimburse Grantor for its costs and expenses of such repair and maintenance. 5. Non-Exclusive. The easements herein granted are not exclusive, and the right Is hereby reserved to grant such additional easements,rights or privileges to such persons and for such purposes as the owner or owners of the Parcel in their discretion may select, so long as such purposes do not unreasonably interfere with the easements granted herein. 6. Acceptance of Restrictive Covenants. Grantee agrees to be bound by all restrictive covenants, including all covenants and conditions contained in the deed restriction(s)recorded against the Parcel. 7. Indemnification. Grantee agrees that it shall bear the legal responsibility for, and therefore shall indemnify and save Grantor harmless against and from all liabilities, obligations, damages, penalties, claims, costs and expenses of Grantor and/or any third party, including without limitation, reasonable attorneys' and consultants' fees, paid, suffered, or incurred as a result of(i) the use of the Public Trail Easement by Grantee and/or the public and the exercise of Grantee's rights hereunder, (ii) any action or neglect by Grantee that creates a breach of Grantor's covenants to the State Water Quality Control Board or other regulatory authority, or (iii) a breach by Grantee of any terms of this Agreement. This indemnification shall survive the termination of this Agreement. i 8. Public Trail Easement. The term"Public Trail Easement,"as used herein, shall be construed according to its ordinary meaning, and shall not be construed to signify the parties' intent to enter into this Agreement pursuant to California Public Resources Code §§ 5070 et seq. 9. Notices. All notices, requests, consents, approvals, authorizations and other communications of every type and nature,required, permitted or otherwise given pursuant to this Agreement("Notices") shall be in writing and shall be deemed to have been given if and when (a)personally delivered, (b) transmitted by facsimile transmission, or(c)within three (3) days after the date of mailing if by United States certified or registered mail, return receipt requested, postage prepaid, or(d) within one (1) day after the date of mailing if delivered to a recognized overnight delivery service. Any party may change or add its address for the purpose of receiving Notices by delivering Notice thereof to all other parties in the manner set forth herein. Until such change is delivered in accordance with this Paragraph, the other parties may rely on the last Notice delivered by such party. Notices shall be delivered as follows: To Grantor: StarLink Logistics, Inc. One Copley Parkway, Suite 309 Morrisville,NC 27560 Attention: Remediation Manager With a copy to: Orrick, Herrington & Sutcliffe LLP 1000 Marsh Road Menlo Park, California 94025 Attention: W. Reece Bader, Esq. To Grantee: p Mid peninsula Regional Open Space District p g P 330 Distel Circle Los Altos, California 94022-1404 Attention: General Manager 10. Attorneys Fees. In the event of any action or proceeding, including any arbitration, brought by any party hereto against the other party under this Agreement, the prevailing party shall be entitled to recover all costs and expenses including its attorneys' fees in such action or proceeding in such amount as the court may adjudge reasonable. The prevailing party shall be determined by the court or arbitrator based upon an assessment of which party's major arguments made or positions taken in the proceedings could fairly be said to have prevailed over the other party's major arguments or positions on major disputed issues in the court's or arbitrator's decision. If the party which shall have commenced or instituted the arbitration, action, suit or proceeding shall dismiss or discontinue it without the concurrence of the other such other shall be deemed the prevailing per' Ply P g party. 11. Miscellaneous. No modification, amendment, revocation, termination or extension allowed hereunder shall be effective until a proper instrument in writing describing such modification, amendment, revocation, termination or extension has been properly executed, acknowledged and recorded in the Official Records. This Agreement, including the Recitals and the Exhibits attached hereto, contains the entire agreement among the parties pertaining to the subject matter hereof and fully i I, supersedes all prior agreements and understandings among the parties pertaining to such subject matter. The headings in this Agreement are inserted for reference only and in no way define, describe or limit the scope or intent of this Agreement or of any of the provisions hereof. All of the grants and agreements herein contained are hereby III declared to be severable and a finding by any court of competent jurisdiction that any of them or any clause or phrase thereof, is void, unlawful or unenforceable shall not affect the validity or enforceability of any other grants and agreements. This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one instrument. The parties agree to execute such instruments and documents and to undertake such actions as may be reasonably required in order to c out the obligations set forth herein and to exercise the rights q �'Y g granted hereby. The terms and provisions of this Agreement are to apply to and bind the permitted successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties execute this Agreement. I STARLINK LOGISTICS, INC., a Delaware MIDPENINSULA REGIONAL OPEN SPACE corporation: DISTRICT, a California special district: 'By4. Y: B . Wichtrich, President Jed Cyr, President Board of Directors Date• l 6!9 Date: _ NOTARY PUBLIC �o v` G + + 11�ik � C U* �0 EXHIBIT A (Grantor Parcel Description) Being all of that certain Parcel of land conveyed to Rhone-Poulenc, Inc. by grant deed filed December 1, 1993, at Series No. 93207948 in the Office of the Recorder, County of San Mateo and a portion of that Parcel of land conveyed to Pacific Gas and Electric Company by Final Order of Condemnation filed February 2, 1953, in Volume 2363 of Official Records at Page 175 in the Office of the Recorder, County of San Mateo, both Parcels situate in the City of East Palo Alto, County of San Mateo, State of California,being more particularly described as follows: BEGINNING at the Northwest corner of said Rhone-Poulenc,Inc. parcel, lying in the Southerly right-of-way line of Bay Road(60' wide) as conveyed to the City of East Palo Alto, recorded June 12, 1996, in Series 96-070508, Official Records of San Mateo County; thence along said right-of-way line of Bay Road,North 65' 11' 00"East, 430.60 feet to the Northeast corner of said Rhone-Poulenc Parcel; thence leaving said right-of-way line of Bay Road and along the common line of said Rhone-Poulenc Parcel and said Pacific Gas and Electric Parcel South 24' 49' 00" East, 335.90 feet; thence leaving said common line and through said Pacific Gas and Electric Parcel the following three (3) courses: North 64' 41' 16" East, 428.15 feet;North 13' 40'27" East, 188.06 feet; and North 24' 57'20"West, 215.00 feet to the centerline of Bay Road; thence along said centerline of Bay Road North 65' 11' 00"East, 344.63 feet to the Northeasterly corner of said Pacific Gas and Electric Parcel; thence along the Southeasterly line of said Pacific Gas and Electric Parcel South 23' 43' 53"West, 1121.14 feet to the Southerly comer of said Pacific Gas and Electric Parcel; thence along the Westerly line of said Pacific Gas and Electric Parcel North 37' 31' 30"West, 222.64 feet to the Southeasterly corner of said Rhone-Poulenc Parcel; thence along the Southerly line of said Rhone-Poulenc Parcel South 65' 11' 00" West, 430.60 feet to the Southwest corner of said Rhone-Poulenc Parcel; thence along the Westerly line of said Rhone-Poulenc Parcel North 24' 49' 00"West, 495.00 feet to the POINT OF BEGINNING. EXHIBIT B (Public Trail Easement Description) The southeasterly fifteen (15) feet of the portion of a parcel of land conveyed to Pacific Gas and Electric Company by Final Order of Condemnation filed February 2, 1953 in Volume 2363 of Official Records at Page 175 in the Office of the Recorder, County of San Mateo, situated in the City of East Palo Alto, County of San Mateo, State of California,being more particularly described as follows: BEGINNING at a point on the Westerly line of said Pacific Gas and Electric Company Parcel, also being the Easterly line of a Parcel of land conveyed to Rhone-Poulenc, Inc. by Grant Deed filed December 1, 1993, Series No. 93207948 in the Office of the Recorder of San Mateo County, and from which the Northeasterly comer of said Rhone-Poulenc Parcel bears North 241 49' 00" West, 335.90 feet; thence through said Pacific Gas and Electric Company Parcel the following three (3) courses: North 64' 41' 16" East, 428.15 feet; North 13' 40' 27" East, 188.06 feet; and North 24' 5720" West, 215.00 feet to the centerline of Bay Road; thence along said centerline North 65' 1 F 00" East, 344.63 feet to the Northeasterly comer of said Pacific Gas and Electric Company Parcel; thence South 23' 43' 53" West, 1,121.14 feet to the Southerly comer of said Pacific Gas and Electric Company Parcel; thence along the Westerly line of said Pacific Gas and Electric Company Parcel, North 37' 31' 30" West, 222.64 feet to the Southeasterly comer of said Rhone-Poulenc Parcel; thence along the common line of said Pacific Gas and Electric Company Parcel and said Rhone-Poulenc Parcel North 24' 49' 00" West, 159.10 feet to the POINT OF BEGINNING. I RECORDING REQUESTED BY I AND WHEN RECORDED MAIL TO City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 Attention: Real Property Manager PUBLIC TRAIL EASEMENT This Grant of a Public Trail Easement by the Midpeninsula Regional Open Space District, a California special district("District") is made to the City of Palo Alto ("Palo Alto'), a California Charter City. 1. District hereby grants to Palo Alto that certain Public Trail Easement, attached hereto and incorporated herein as Exhibit A, on the terms and conditions set forth herein. 2. Palo Alto covenants to continue to use the interest in real property granted herein solely for open space purposes. 3. Should Palo Alto ever attempt to convey an of the interest ranted hereunder, all p Y Y g right, title and interest in the Public Trail Easement shall automatically and g Y immediately revert to District and thereafter Palo Alto shall have no further interest therein except to the extent of liability for breaches of the terms or conditions of said Public Trail Easement. 4. All notices, requests, consents, approvals, authorizations and other communications of every type and nature, required, permitted or otherwise given pursuant to this Agreement ("Notices") shall be in writing and shall be deemed to have been given if and when(a) personally delivered, (b) transmitted by facsimile transmission, or(c) within three (3) days after the date of mailing if by United States certified or registered mail, return receipt requested, postage prepaid, or(d) within one(1) day after the date of mailing if delivered to a recognized overnight delivery service. Any party may change or add its address for the purpose of receiving Notices by delivering Notice thereof to all other parties in the manner set forth herein. Until such change is delivered in accordance with this Paragraph,the other parties may rely on the last Notice delivered by such party. Notices shall be delivered as follows: To District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Attention: General Manager To Palo Alto: City of Palo Alto P.O. Box 10250 Palo Alto, California 94303 Attention: Real Property Manager S. If legal action shall be brought by either of the parties, the party prevailing in said action shall be entitled to recover, from the party not prevailing, the costs of the suit and all reasonable attorney's fees. For purposes of this Agreement, the reasonable fees for attorneys who are employees of District shall be based on the fees regularly charged by private attorneys with an equivalent number of years of experience in the subject matter area of the law actively practicing within the San Francisco Bay Area. 6. No modification, amendment, revocation, termination or extension allowed hereunder shall be effective until a proper instrument in writing describing such modification, amendment, revocation, termination or extension has been properly executed, acknowledged and recorded in the Official Records. This Agreement, including Recitals and the Exhibits attached hereto, contains the entire agreement among the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings among the parties pertaining to such subject matter. All of the grants and agreements herein contained are hereby declared to be severable and a finding by any court of competent jurisdiction that any of them or any clause or phrase thereof, is void, unlawful or unenforceable shall not affect the validity or enforceability of any other grants and agreements. This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall together constitute one instrument. The parties agree to execute such other instruments and documents and to undertake such actions as may be reasonably required in order to carry out the obligations set forth herein and in the exercise the rights granted hereby. The terms and provisions of this Agreement shall apply to and bind any permitted successors and assigns of the parties hereto. 1H JJJ IU MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California special district By: Date: Jed Cyr, President Board of Directors Attest: Sally Rice District Clerk Approved as to form and procedure: Susan M. Schectman General Counsel CITY OF PALO ALTO, a California Charter City By: Emily Harrison Assistant City Manager Approved as to form and procedure: Greg Betts Open Space Division Manager Approved as to form and procedure: Grant Kolling Senior Assistant Attorney 3 EXHIBIT A (Public Trail Easement Description) The southeasterly fifteen (15) feet of the portion of a parcel of land conveyed to Pacific Gas and Electric Company by Final Order of Condemnation filed February 2, 1953 in Volume 2363 of Official Records at Page 175 in the Office of the Recorder, County of San Mateo, situated in the City of East Palo Alto, County of San Mateo, State of California, being more particularly described as follows: BEGINNING at a point on the Westerly line of said Pacific Gas and Electric Company Parcel, also being the Easterly line of a Parcel of land conveyed to Rhone-Poulenc, Inc. by Grant Deed filed December 1, 1993, Series No. 93207948 in the Office of the Recorder of San Mateo County, and from which the Northeasterly comer of said Rhone- Poulenc Parcel bears North 24' 49' 00" West, 335.90 feet; thence through said Pacific Gas and Electric Company Parcel the following three (3) courses: North 64' 41' 16" East, 428.15 feet;North 13' 40' 27" East, 188.06 feet; and North 24' 57' 20" West, 215.00 feet to the centerline of Bay Road; thence along said centerline North 65' 11' 00" East, 344.63 feet to the Northeasterly comer of said Pacific Gas and Electric Company Parcel; thence South 23' 43' 5 3" West, 1,121.14 feet to the Southerly corner of said Pacific Gas and Electric Company Parcel; thence along the Westerly line of said Pacific Gas and Electric Company Parcel,North 3 7' 3 1' 3 0" West, 222.64 feet to the Southeasterly comer of said Rhone-Poulenc Parcel; thence along the common line of said Pacific Gas and Electric Company Parcel and said Rhone-Poulenc Parcel North 24' 49' 00" West, 159.10 feet to the POINT OF BEGINNING. 4 Regional Open SpaL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R'06-|2] | Meeting 06-24 September 27, ZO06 AGENDA ITEM � '�^v��^.��^� � � =^^,^ ~" AGENDAITEM Resolution Opposing ' '"p"s"'"" '" � GENERAL MANAGER'S RECOMMENDATION (---I-­A- ,A_ � Adopt the attached Resolution opposing Proposition 90 the Government Acquisition,'-Ke/gulation of � Private Property Initiative. DISCUSSION � � Californians have uright to ask for protection from eminent domain abuse, but Prop. 90 uses revision of eminent domain |nv/° �n��r�|'�amus*v�rfbrbymoin goal: unrelated and far+cuchiu�provimioomthat have � � � � nothing to do with eminent domain and will trap Californians into puyingbU|innm in new taxes every year. � � Prop 90 would authorize new lawsuits that will negatively impact state and local governments' ability to � enact and enforce environmental, land use and other laws. Under Proposition 90 a slew of lawsuits are � � likely because unreasonable claims could be made against government agencies whenever it was � perceived that u government action had resulted in economic loss to property orbusiness. furtbcnnonr` Prop 90 would change the current and long-standing standard for property acquired by eminent domain, � which requires compensation at fair market value, and by requiring new levels of grossly inflated payouts � based on the value ofthe property amthe government intends touse it. This would result in windfall � � � payouts tma 5nvv property owners m1the expense mf the ordinary taxpayers. It could also make needed infiumtnno\urc projects so expensive that many would simply not bedone. lt would also increase the cost of much needed housing in California and severely undermine efforts \o build affordable housing. | Virtually any landowner or business looking for u windfall could file a lawsuit under this measure, claiming that even the most minor new |uv/ had impacted the value of their property. After msimilar |avv � was recently passed in Oregon more than 2,20Uc|uinmywere filed seeking over$5 billion in payments that taxpayers of that state could ultimately have topay. Frivolous lawsuits and huge payouts could he | � the result o[Prop g0` crippling government entities and increasing administrative costs u1taxpayer � � expense. � Prop 9O would also prevent voters and state and local agencies from enacting critical environmental � � protections, The inidu1ive'a provisions would severely restrict the ability of voters and local and state � agencies tn enact and enforce huaiu laws that protect our coastline, preserve open spaces and farmland, � protect air and water quality, and protect environmentally sensitive areas. The measure nnukeo pollution u / property right, forcing the taxpayers to pay to stop pollution. � | � Prop9O is adece[oivc initiative that is disguised au eminent domain ,cfbon, but authorizes new lawsuits that will severely and negatively impact state and local governments' ability to enact and enforce { | environmental, land use, consurner protection and housing laws and regulations. /\ broad coalition of � � business, environmental, housing advocates, and government agencies oppose Prop 90. Staff � recommends that the District Board join this coalition by adopting the attached resolution. � | � � Prepared by: Rudy]urgensen` Public Affairs Manager � | Contact person: L. Craig Britton, General Manager | � � � | ' / RESOLUTION NO. N6- A RESOLUTION OF THE BOARD OFDIRECTORS OF THE /NlDPEN[NSDLA REGIONAL OPEN SPACE � DISTRICT TO OPPOSE PROPOSITION 90-THE GOVERNMENT ACQUISITION, REGULATION 0F PRIVATE PROPERTY INITIATIVE. -ON THE NDVEMBE/l2OO6 CALIFORNIA BALLOT WHEREAS, On November 7, 2006 voters will be asked to decide on Proposition 90, a constitutional amendment called the Government Acquisition, Regulation of Private Property Initiative; and WHEREAS,the eminent domain provision o[Prop 90 is merely u smokescreen tohide the inidutive`s true intent; and � WHEREAS, Prop 00 authorizes lawsuits for any government action that someone claims will result in econornic loss to property or business—no matter how unreasonable that claim—resulting in frivolous � lawsuits, huge payouts to wealthy landowners and corporations, and increased administrative costs at � taxpayers expense; and WHEREAS, any new or expanded protections of endangered or threatened wildlife and habitat could trigger payouts under Prop. 90 to those who claim these protections have caused them substantial � economic loss, making the protection of endangered or threatened wildlife and habitats more difficult; � and WHEREAS, any new action to protect our coast such as new restrictions on off-shore oil and gas drilling, urban growth boundaries, approval of new coastal development permits by the Coastal Commission and � designations of marine reserves to protect fiuho,other ocean habitat Could trigger Prop. VOpayouts, � threatening efforts to protect our coastline; and � WHEREAS, passage of legislation to maintain or improve water supply and quality for species protection, would trigger lawsuits that could require government entities to make huge payments and thus prevent them frorn taking the action to guard water supply and water quality in the first place. NOW, THEREFORE BE |? RESOLVED that the Board of Directors ofthe Midpcninau|nNegiona| Open Space District opposes Proposition 90—the Government Acquisition, Regulation of Private � Property Initiative. � Regional Open Space I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-124 Meeting 06-24 September 27, 2006 AGENDA ITEM 5 AGENDA ITEM Determine Whether to Renew the Ombudsperson Volunteer Agreement with Carol Joyce for One Year and Authorize the President of the Board of Directors to Executee-a Second Amendment to the Ombudsperson Volunteer Agreement with Carol Joyce, Ext nding the Agreement's Term for One Year GENERAL MANAGER'S RECOMMENDA NS 1. Determine whether to renew the Ombudsperson Volunteer Agreement with Carol Joyce. 2. Authorize the President of the Board of Directors to execute the Second Amendment to the District Ombudsperson Volunteer Agreement with Carol Joyce, extending the Agreement's term for a third year. DISCUSSION At your October 27, 2004 Board meeting,you appointed Carol Joyce as the District's first Ombudsperson (see Report R-04-112). When the Ombudsperson program was adopted, you established a one-year term of appointment. At your October 12, 2005 Board meeting, you determined that Ms. Joyce had fulfilled the responsibilities of the Ombudsperson very responsively and effectively since her appointment, and you authorized the Board President to renew her contract for a second year. 27 2006 the one-year renewal of Ms. Joyce's contract will expire. Ms. Joyce has informed On October , y y p y staff that she would be willing to serve an additional year as the District's Ombudsperson, should the Board so desire. Ms. Joyce has continued to provide very responsive and effective service for the District. In light of the process being undertaken to interview and appoint a new Director to Ward 4 (which will extend through October I oth), staff recommends a second renewal of Ms. Joyce's contract. Prepared by: Sally Rice, Assistant General Manager Contact person: Same as above i III SECOND AMENDMENT TO DISTRICT OMBUDSPERSON VOLUNTEER AGREEMENT WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District("District") entered into a Volunteer Agreement ("Agreement")dated October 28,2004 with Carol Joyce("Joyce") appointing her as the Ombudsperson of the District;and WHEREAS,on October 12,2005,the Board of Directors entered into a First Amendment to the Volunteer Agreement extending the term of the Agreement for one year;and WHEREAS,the District Board of Directors and Joyce desire to extend the Agreement for an additional term of one year on the same terms and conditions. NOW,THEREFORE,the parties agree that the Agreement shall hereby be further amended as follows: Effective on October 28,2006, Section 5 of the Agreement shall be amended to read as follows: "5. Tenn. The term of this Agreement shall be one(1)year from October 28,2006 to and including October 27, 2007 unless earlier terminated as set out in this Agreement." It is further agreed that in all other respects the Agreement is hereby ratified and reaffirmed. In witness whereof,the parties have executed this Second Amendment to the Volunteer Agreement on the dates set forth below. MIDPENINSULA REGIONAL OPEN OMBUDSPERSON SPACE DISTRICT By: Jed Cyr, President Carol Joyce Date: Date: ATTEST: Sally Rice,District Clerk Date: APPROVED AS TO FORM: Susan Schectman,General Counsel Date: ' ^ � Regional Open SpaL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT � R'O6'il9 MeetingO6'24 September 27, 2O06 AGENDA ITEM 7 '�^»"�^`�~^� = = ""^," ' � AGENDAITEM � � Adoption nfFinal Resolution 0o Approve un Amendment to the Contract Between the California Pob|io Employees' Retirement System and the Midpeninsula Re ional Open Space District for aChange in the Retirement Formula from 2% at 55 to 2.5% at 55. GENERAL MANAGER'S RECOMME ATION Adopt the utkaobod Resolution to Amend tile California Public Bnnp|oycea` Retirement System (PBRS) contract increasing the District's retirement formula from 2% at 55 to 2.5% at 55. DISCUSSION At your August 9, 2006 meeting, you approved a Memorandum of Agreement with tile Midpeninsula Regional Open Space District Field Employees Association (MROSDFEA)that included an enhancement to the retirement formula from 2% at 55 to 2.5% at 55. This retirement enhancement was part ofu five- year ugreement including other economic changes such as annual salary adjustments, n:dncm medical benefit enhancement, and benefit cost sharing on the part ufthe employees. Also a1 your August 9, 2006 meeting you approved various salary and benefit changes for the Office, Supervisory and Management employees, which also included u retirement formula increase from 2Y6at 551o2.5Y6a& 55. PE{lS law requires all miscellaneous employees from the same agency to have the same pctioznnoni fbnnu|u. � PE8S requires othree-step process{oxhunitcthe retirement formula. The first step, completed utthe � August 9,2003 meeting, was the Board adoption of a change in the retirement formula as part of the five- year agreement with the K4|I()SDFE/\, and u resolution authorizing change in retirement formula for the � Office, Supervisory and Management employees, The second step, completed at Your August 23` 2OO8 � meeting was your adoption oftile Resolution of Intention tn change the formula. The final Board action required is the adoption oythe final Resolution. Tile Government Code also ,cquioca u secret ballot election by the employees affected whenever the contract is amended to provide a benefit that changes the employees' rate of contribution. The affected employees were given one week 10 complete u secret ballot. /\total of77employees submitted ballots with 74 votes in favor of the retirement formula change and 3 votes opposed to the retirement formula change. lfa majority oftheuffectedenup|wyeemdionpproveufthrredrenmentfonnu|uchuugc, thePERS contract cannot heamended. y\eu result o[the secret ballot vote, ue noted above, PEQS will be able\o amend the contract, once you adopt the attached final Resolution. Prepared by: Sally Rice, Assistant General Manager Contact person: Same usabove � � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT No. WHEREAS, the Board of Administration of the California Public Employees' Retirement System and the Board of Directors of the Midpeninsula Regional Open Space District entered into a contract effective on December 31, 1973 providing for the participation of said public agency in the California Public Employees' Retirement System; and WHEREAS, it is now desirable to take advantage of certain benefits provided under said Retirement System and not included in said contract; NOW, THEREFORE, BE IT RESOLVED, that said governing body authorized, and it does hereby authorize, an amendment to said contract, a copy of said amendment attached hereto and by such reference made a part hereof as though herein set out in full; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the presiding officer of said governing body is hereby authorized, empowered and directed to execute said amendment for and on behalf of said public agency. Adopted this day of Presiding Officer Attest: Clerk/Secretary (Amendment) PERS-CON-13(Rev. 1/98) Claims No. 06-18 Meeting 06-24 Date 9/27/06 Revised Midpeninsula Regional Open Space District # Amount Name Description 5547 $420.85 ADT Security Services Alarm Service-FFO&SFO 5548 $2,037.75 ASC Scientific Tool For 30 Viewing-Aerial Photos 5549 $1,193.49 *1 AT&T Telephone&Fax Service-AO 5550 $115.70 Baillie,Gordon Reimbursement-Conference Expenses 5551 $681.72 Cascade Fire Equipment Company Fire Protection Clothing&Equipment 5552 $709.77 CMK Automotive Inc. Vehicle Maintenance&Repairs 5553 $2,490.83 Community Printers Printing Services-Rancho San Antonio Brochures 5554 $42,309.89 CRW Industries, Inc. Seismic Upgrade&Access Improvements-Picchetti Winery 5555 $33.91 CSK Auto Vehicle Supplies 5556 $147.00 Cuzick,Elaina Reimbursement-Supplies For Staff Recognition Event 5557 $8,259.92 Deborah Mills-Design Concepts Brochures,Fall Calendar&Newsletter 5558 $6,539,17 Dell Commercial Credit Server,Software&Annual Maintenance Renewal 5559 $1,400.00 *2 Divine Catering Catering-Staff Recognition Event 5560 $2,647.45 EDAW, Inc. Master Plan Contract Services-Sierra Azul&Bear Creek Redwoods 5561 $215.00 Emily And Associates Management Consulting 5562 $3,082.50 Environmental Science Associates Resource Management Program-Analysis&Workshop 5563 $57.09 FedEx Shipping Charges 5564 $28.23 Forestry Suppliers,Inc. Field Supplies 5565 $312.29 Foster Brothers Lock&Key Services 5566 $3,326.43 Frederic Knapp,AIA Construction Management Services-Picchetti Winery Seismic Upgrade 5567 $356.93 Great Printing&Copies Spaces&Species Passport-Covers&Inserts 5568 $100.00 *3 Gutierrez,Keith Speaker-Staff Recognition Event 5569 $573.73 House of Printing Printing Services-Volunteer Recognition Event 5570 $205.74 Jakaby Engineering Design&Engineering Services Topographic Surveys- Pedestrian Bridges At ECDM 5571 $135.00 Jim Davis Auto Smog Checks 5572 $82.21 Lab Safety Supply Field Supplies 5573 $1,708.00 Liebert Cassidy Whitmore Legal Services 5574 $20.00 Los Alto Town Crier Annual Subscription 5575 $60.00 Macke Water Systems, Inc. Water Dispenser Rental-Two Months 5576 $1,000.00 Matt Mann Web Design Services 5577 $313,00 Monster Mechanical,Inc. HVAC Maintenance-AO 5578 $1,090,21 Nancy Elizabeth Stoltz Design& Historic Resource Evaluation-North House Planning 5579 $560.00 On-Site Health&Safety Safety Training 5580 $1,100.50 Palo Alto Staffing Office Temp-Administrative Assistant 5581 $386.00 Palo Alto Weekly Advertising-Appointment Of Ward 4 Director 5582 $12,187.50 Patsons Media Group Printing Services-Fall 2006 Newsletter 5583 $2,169.91 Post Haste Direct Mail Services Mail House Services 5584 $1035 Pringle Tractor Co. Tractor Supplies 5585 $639.90 Priority I Convert Patrol Truck To Maintenance Truck 5586 $249.00 Protection One Quarterly Alarm Service-AO 5587 $65.00 R.H.F.Inc. Radio Recertification 5588 $861.34 Redwood General Tire Co.,Inc. Tires 5589 $788.82 Reed&Graham,Inc. Fencing Material&Culverts-ECDM 5590 $89.10 Rice,Sally Reimbursement-Supplies For Staff Recognition Event j -5591 $350.00 Roessler,Cindy Reimbursement-Conference Registration 5592 $2,449.90 Roy's Repair Service Vehicle Repairs&Service Claims No. 06-18 Meeting 06-24 Date 9/27/06 Revised Midpeninsula Regional Open Space District # Amount Name Description 5593 $34.91 San Jose Mercury News Quarterly Subscription 5594 $82.01 Sears Field Supplies 5595 $360.47 Summit Uniforms Uniform Expense 5596 $331.6 Sunnyvale Chevrolet Vehicle Repair 5597 $914.05 Tadco Supply Janitorial Supplies 5598 $11,241.30 The Bank of New York Note Paying Agent Fees 1996&1999 Revenue Bonds, 1999 2nd Issue Revenue Bonds&2005 Refunding Promissory Notes 5599 $292.50 Toastmasters International Semi Annual Membership Dues 5600 $452.54 West Payment Center Monthly Legal Subscription&Books 5601 R $965.00 *4 A-ABCO Rents Volunteer Recognition Event Supplies 5602 R $320.00 AEP Workshops CEQA Workshop 5603 R $38.50 American Messaging Pager Service 5604 R $24.00 American Red Cross First Aid Training Supplies 5605 R $18.38 AT&T Fax Service-FFO 5606 R $50.00 California Emergency Services Membership Fee Association 5607 R $180.25 California Water Service Company Water Service-FFO&AD 5608 R $19.50 CSK Auto Vehicle Supply 5609 R $250.00 Del Rey Building Maintenance Clean Incerpi Residence-Rental Replace Lights-AO 5610 R $15,984.05 First Bankcard Field Supplies-1997.08 Office Supplies-13.29 Computer Exp-1271.70 Business Mtgs-358.42 Conferences&Training-7647.78 Staff&Volunteer Events- 2345.29 Advertising/Subscriptions-2310.49 Memberships-40.00 5611 R $96.84 Foster Brothers Lock&Key Services 5612 R $58.79 G&K Service Shop Towel Service 5613 R $282.00 Hernandez,Vince Reimbursement-Uniform Expense 5614 R $150.00 La Honda-Pescadero Unified School Facility Rental Fee-Public Meeting District 5615 R $155.88 Metro Mobile Communications Radio Maintenance 5616 R $956.45 Norton,Julie Reimbursement-Volunteer Recognition Event Supplies 5617 R $904.52 Office Depot Office Supplies 5618 R $10,000.00 *5 Old Republic Title Company Deposit-Property Purchase 5619 R $1,420.00 Palo Alto Staffing Office Temp-Administrative Assistant 5620 R $288.16 Petty Cash Parking/Mileage,Local/Out Of Town Business Meetings, Training,Office&Field Supplies,Staff Recognition Event Supplies 5621 R $861.34 Redwood General Tire Company Tires 5622 R $80.99 Roessler,Cindy Reimbursement-Field Supply 5623 R $63.37 Sagues,Matt Reimbursement-Docent Training Supplies 5624 R $726.24 *6 Saratoga Springs Final Payment-Staff Appreciation Event Location& Catering 5625 R $641.38 The Sign Shop Recycle Decals For Map Boxes 5626 R $248.38 Tony&Albas Pizza Local Business Meeting-Volunteer Training 5627 R $296.73 Verizon Wireless Cell Phone Service Total $162,351.89 *1 Urgent Check Issued 9/15/06 *2 Urgent Check Issued 9/19/06 *3 Urgent Check Issued 9/19/06 *4 Urgent Check Issued 9/27/06 *5 Urgent Check Issued 9/25/06 *6 Urgent Check Issued 9/27/06 Claims No. 06-18 Meeting 06/24 Date 9/27/06 Mid peninsula Regional Open Space District # Amount Name Description 5547 $420.85 ADT Security Services Alarm Service-FFO&SFO 5548 $2,037.75 ASC Scientific Tool For 3D Viewing-Aerial Photos 5549 $1,193.49 *1 AT&T Telephone&Fax Service-AD 5550 $115.70 Baillie,Gordon Reimbursement-Conference Expenses 5551 $681.72 Cascade Fire Equipment Company Fire Protection Clothing&Equipment 5552 $709,77 CMK Automotive Inc. Vehicle Maintenance&Repairs 5553 $2,490.83 Community Printers Printing Services-Rancho San Antonio Brochures 5554 $42,309.89 CRW Industries,Inc. Seismic Upgrade&Access Improvements-Picchetti Winery 5555 $33.91 CSK Auto Vehicle Supplies 5556 $147.00 Cuzick,Elaine Reimbursement-Supplies For Staff Recognition Event 5557 $8,259.92 Deborah Mills-Design Concepts Brochures, Fall Calendar&Newsletter 5558 $6,539,17 Dell Commercial Credit Server,Software&Annual Maintenance Renewal 5559 $1,400.00 *2 Divine Catering Catering-Staff Recognition Event 5560 $2,647.45 EDAW, Inc. Master Plan Contract Services-Sierra Azul&Bear Creek Redwoods 5561 $215.00 Emily And Associates Management Consulting 5562 $3,08150 Environmental Science Associates Resource Management Program-Analysis&Workshop 5563 $57.09 FedEx Shipping Charges 5564 $28.23 Forestry Suppliers, Inc. Field Supplies 5565 $312.29 Foster Brothers Lock&Key Services 5566 $3,326.43 Frederic Knapp,AIA Construction Management Services-Picchetti Winery Seismic Upgrade 5567 $356.93 Great Printing&Copies Spaces&Species Passport-Covers&Inserts 5568 $100.00 *3 Gutierrez,Keith Speaker-Staff Recognition Event 5569 $57173 House of Printing Printing Services-Volunteer Recognition Event 5570 $205.74 Jakaby Engineering Design&Engineering Services/Topographic Surveys- Pedestrian Bridges At ECDM 5571 $135.00 Jim Davis Auto Smog Checks 5572 $82.21 Lab Safety Supply Field Supplies 5573 $1,708.00 Liebert Cassidy Whitmore Legal Services 5574 $20.00 Los Alto Town Crier Annual Subscription 5575 $60.00 Macke Water Systems,Inc. Water Dispenser Rental-Two Months 5576 $1,000.00 Matt Mann Web Design Services 5577 $313.00 Monster Mechanical, Inc. HVAC Maintenance-AD 5578 $1,090.21 Nancy Elizabeth Stoltz Design& Historic Resource Evaluation-North House Planning 5579 $560.00 On-Site Health&Safety Safety Training 5580 $1,100.50 Palo Alto Staffing Office Temp-Administrative Assistant 5581 $386.00 Palo Alto Weekly Advertising-Appointment Of Ward 4 Director 5582 $12,187.50 Patsons Media Group Printing Services-Fall 2006 Newsletter 5583 $2,169.91 Post Haste Direct Mail Services Mail House Services 5584 $10.75 Pringle Tractor Co. Tractor Supplies 5585 $639.90 Priority 1 Convert Patrol Truck To Maintenance Truck 5586 $249.00 Protection One Quarterly Alarm Service-AD 5587 $65.00 R.H.F. Inc. Radio Recertification 5588 $861.34 Redwood General Tire Co.,Inc. Tires 5589 $788.82 Reed&Graham, Inc. Fencing Material&Culverts-ECDM 5590 $89,10 Rice,Sally Reimbursement-Supplies For Staff Recognition Event 5591 $350.00 Roessler,Cindy Reimbursement-Conference Registration 5592 $2,449.90 Roy's Repair Service Vehicle Repairs&Service Page 1 of 2 Claims No. 06-18 Meeting 06/24 Date 9/27/06 Midpeninsula Regional Open Space District # Amount Name Description 5593 $34.91 San Jose Mercury News Quarterly Subscription 5594 $82.01 Sears Field Supplies 5595 $360.47 Summit Uniforms Uniform Expense 5596 $331.83 Sunnyvale Chevrolet Vehicle Repair 5597 $914.05 Tadco Supply Janitorial Supplies 5598 $11,241.30 The Bank of New York Note Paying Agent Fees 1996&1999 Revenue Bonds, 1999 2nd Issue Revenue Bonds&2005 Refunding Promissory Notes 5599 $292.50 Toastmasters International Semi Annual Membership Dues 5600 $45154 West Payment Center Monthly Legal Subscription&Books Total $117,271.14 *1 Urgent Check Issued 9115/06 *2 Urgent Check Issued 9/19/06 *3 Urgent Check Issued 9/19/06 Page 2 of 2 i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Beard of Directors FROM: L. Craig Britton, General Manager i DATE: September 27, 2006 i RE: FYI's .INTEROFFICE MEMORANDUM September 25, 2006 TO: L. Craig Britton, General Manager FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month Au-Rust Year 2006 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES TOTALS Bicycles Resisting peace officer I Closed area 7 8 Auto burglaries 3 Speed 6 12 Marijuana cultivation Helmet 4 8 Night riding 0 0 ACCIDENTS/INCIDENTS Dogs Bicycle accident Prohibited area 1 2 Equestrian accident Off-leash 10 13 Hiking/running accident 2 Off-road vehicles 0 2 Other first aid I Closed area 4 4 Search & Rescue 2 After hours 7 23 Vehicle accident 0 Fishing 0 0 LZ air evacuation 0 Vandalism 0 3 Fire 3 Parking 12 14 Parking after hours 31 34 ENFORCEMENT Dumping 0 3 Parking citations 43 Campfires 0 2 Other citations 42 Weapons Written warnings 38 Actual contact/possession 0 0 Arrests 0 Possession tools I I Police assistance I 3 Dag maximum I I Headphones 0 1 MUTUAL AID Golf prohibited I I Accident 4 Smoking 0 3 Fire I Unlawful plant Law enforcement 0 Maintenance 0 2 LZ for offsite — 0 Activity w/o Permit 0 3 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date I While on bicycle patrol on the Coyote Ridge Trail at Fremont Older on July 31, a Trail Patrol volunteer contacted two visitors at the top of Maisie's Peak. He saw them cutting a large mountain mahogany bush with a hand saw. He told them to stop, that their actions were not permitted. About half the limbs were cut off. He notified rangers, who checked the area for the two bicyclists matching the volunteer's description, but were unable to locate them. The rangers returned to Maisie's Peak to take pictures and found that all the remaining limbs had been removed. I The Skyline field office administrative assistant notified rangers by cell phone that a woman was hiking in Thomewood with eight dogs off leash. Rangers responded and stopped the woman at Schilling Lake. She was cited for exceeding the three dog maximum and for dogs off leash. She denied being a"professional" dog walker and stated that the dogs belonged to her and a few friends. 2 Three roadside fires occurred in Bear Creek Redwoods. The combined total of all three fires is approximately two acres. They were deemed roadside fires, and no investigation will occur. 8 Santa Cruz County Sheriffs Dept. eradicated a marijuana plantation in Long Ridge that was found by helicopter flyovers. Almost 6,000 plants were removed, however site hazards and other material remain to be removed. The site was off the Achistaca Trail. No suspects were apprehended. 19 Two hikers were stuck on a steep slope at Picchetti Ranch off the Zinfandel Trail. Santa Clara County Fire completed a low-angle technical rescue. Both victims walked out without injuries. 20 Two rangers running radar on the Canyon Trail in Monte Bello clocked a cyclist at 32 mph. The cyclist failed to yield. Three other bicyclists in the group were stopped and cited for speed. 21 Rangers discovered some clothing dumped in the Skyline Ridge equestrian lot. The clothing included men's and women's items, some of which were partially burned. The items were collected and entered into the property system. 21 A vehicle burglary occurred at the Los Trancos parking lot. The victims were not contacted,but according to the reporting party, they were German tourists who had everything of value in the car taken. Glass from an automobile window was found in the lot and cleaned up. 24 Seven bags of garbage were found and removed from the Higgins Purisima lot at lower Purisima. Identifying information was found in the garbage and the responsible party was contacted. She stated that she had hired day laborers to remove the garbage from her house. The garbage was disposed of at the Skyline Field Office. 27 Rangers discovered evidence of unlawful maintenance and harming of plants in Sierra Azul. An illegal trail approximately 10 yards long was cut through manzanita and chamise, from Kennedy Trail. It led to a clear-cut area approximately 30 x40 yards in size where vegetation was removed to the ground. 28 Rangers arrived on scene of a suspicious wildland fire in Sierra AzuI at Hicks and Mt. Umunhurn roads. CDF and San Jose Fire were in the process of mop-up. Three separate spots had burned, for a total burned area of approximately 1/4 acre.. 31 Five individuals were cited for riding on an illegal trail in El Corte de Madera.The five were caught on an illegal trail that receives high use. Two of the suspects were repeat offenders of the same misdemeanor violation in the same preserve. August vandalism 7 An "Area Closed - No Biking" sign was pulled out of the ground and removed from a trail in Monte Bello. 24 Plexiglass on the signboard at Purisima was scratched with gang tag. 29 Two metal rings on a gate at Bear Creek were cut, so that the chain could be lifted over the post, allowing illegal entry. II Integr---.i Resource Planning and Management a .,,gram Monthly Summary: August 2006 Natural Resource Planning and Management Lead Progress Project/Description Department Cultural Resources Continued seismic retrofit to upgrade historic Picchetti Ranch Winery Planning building. Approximately 80%of project complete. Ecological Restoration Skyline Ridge Tree Farm Restoration Operations Volunteers tended restoration plants; crew Public Affairs sprayed weeds. Pulgas Restoration Operations Prepared restoration plan for eucalyptus removal area. Continued repair of slope damaged from *Grassland Restoration Operations vehicular trespassing at Davison property in Sierra Azul. Environmental Remediation Operations Final preparation of work site. Completed Pulgas Soil Investigation and submitted report to San Mateo County for Planning site case closure. Rare,Threatened and Endangered Species Management Special Status Wildlife Species Operations Prepared Request for Proposal for habitat surveys at Bear Creek Redwoods. Sensitive Amphibian and Reptile Survey Planning Draft report submitted to District for review by Consultant. Vegetation Management Designed&tested first phase of Weed Invasive Plant Tracking& Monitoring System Operations Management Information System in GIS and database format. Prepared Request for Proposals for integrated Slender False Brome Operations pest management consultant. Continued Administration spraying along property boundaries and hand removal along creeks. Wildland Fire&Fuel Management Operations Attended meeting at Jasper Ridge Biological Planning Reserve. Yellow Starthistle Control Operations Pulled yellow starthistle with volunteers at Public Affairs Los Trancos,Picchetti and Sierra Azul. Sierra Azul/Bear Creek Redwoods OSP and La Consultant has completed fuel models and Honda Master Plans Wildland Fuels Management Planning submitted draft for review of wildland fuels Element. mana ement element for Master Plans. Sprayed broom, stinkwort,thistles,pampas grass and tree of heaven at Bear Creek Redwoods, Rancho San Antonio, Ravenswood,Fremont Older, Sierra Azul, El Invasive Plant Control -Various Operations Corte de Madera, St.Joseph's Hill, El Sereno and Pulgas Ridge. Mechanical removal of thistles and English ivy at Windy Hill, Saratoga Gap, Purisima.Creek Redwoods and Fremont Older. Field staff and volunteers surveyed preserves Operations for potential tanoak acorns to participate in Sudden Oak Death Public Affairs SOD resistance study. Assisted Oregon State University researchers in evaluating infection study at El Corte de Madera. Reviewed map deliverable from consultant District-wide Vegetation Classification Planning and began integration with District's existing dataset. Planning Selected Sage Associates for Consulting Grazing Consultant Operations Real Proper Services Contract. ty Water Quality Protection Assessed road alignment for sedimentation and erosion control work necessary to re-open Dennis Martin Creek Road at Thomewood Planning alignment for public use. Contracted with Engineer to design bridge crossing. 5-Year MOU with CA Dept. Fish and Game: Lake Planning Developed list of projects, conditions,and and Streambed Alteration Agreement Operations researched BMPs for application submittal Administration Continued reroute of Giant Salamander Trail ECdM Watershed Protection Program Planning and began work to upgrade ECdM Trail. Continued 3 dyear of sediment monitoring. Operations Project Worksheets completed and submitted FEMA—Spring Storms Disaster Planning to FEMA for damaged sites. Consultant completed majority of inventory Road and Trail Erosion Inventory Planning work in San Francisquito Creek Watershed. Wildlife Management Bluebird boxes Operations Finished monitored of nesting. Public Affairs Operations field staff/volunteers installed low Pulgas OSP Dusky-footed Woodrat Trail Planning wire fencing to protect SF dusky-footed Operations woodrat nests per Mitigation Monitoring Plan. Denotes project not included within FY 06-07 Action Plan. - 2 - Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General ManagqT, DATE: September 27, 2006 RE: FYI's I f i National Park Service -- -- U.S.Department of the Interior t Marin County Sheriff's Office Point Reyes National Seashore � � Point Reyes National Seashore News Release September 12, 2006--For Immediate Release John A. Dell'Osso (NPS)415-464-5135 Park Rangers and Marin CountySheriffs Office Remove Another Illegal g Marijuana Cultivation Site at Point Reyes National Seashore On September 10 and September 11, 2006, National Park Service Rangers and the Marin County Sheriff's Office entered another marijuana grow site at Point Reyes National Seashore. The law enforcement effort confiscated approximately 3,540 marijuana plants with an estimated street value of$8.75 million dollars. The growing site was located on Inverness Ridge in a remote hidden drainage in the Muddy Hollow area. A contract helicopter hauled twenty loads over four hours on Monday to remove the marijuana plants for disposal. I In the Bolinas Ridge area, the NPS and other agencies removed a smaller site where 2,500 plants were growing in July and in late August removed 22,740 plants. The j estimated street value of the marijuana removed to date over $71 million. "Since the last removal of illegal marijuana, Point Reyes rangers have been on the alert j for more growing sites and suspicious activity. Our goal is to do surveillance on every major drainage to determine whether there is any additional illegal activity on park lands. We are working overtime to fully eliminate the growing of marijuana on park and adjacent public lands," stated Don Neubacher, Superintendent of Point Reyes National Seashore. "We are doing our best to ensure the safety of park visitors and staff and eliminate the resource damage caused by this illegal growing activity. Our special investigators along with the Marin County Sheriff officers are following leads generated from evidence collected at the growing sites." stated Colin Smith, Chief Ranger at Point Reyes National Seashore. Lieutenant Scott Anderson of the Marin County Sheriff's Office stated, "We have worked well with the National Park Service and will continue to work cooperatively to eliminate this illegal activity and resource damage to park lands." The area under cultivation suffered extensive resource damage from the growing operations and intensive use of the area. A comprehensive resource assessment was conducted after evidence was collected at the new site. Similar to other sites, the area's native vegetation was damaged, water systems constructed, and a small hidden camp was developed. Growers are killing wildlife, diverting streams that contain threatened species of fish, using harmful pesticides and bringing the presence of violence to these natural areas. Efforts are underway to remove all the garbage from the site and to begin restoration EXPERIENCE YOUR AMERICA The National Park Service cares for special places saved by the American people so that all may experience our heritage. I work. The cost of the restoration effort and other costs for all the sites damaged is approximately $100,000. NPS - EXPERIENCE YOUR AMERICA The National Park Service cares for special places saved by the American people so that all may experience our heritage. I Regional Open Space BAY ARFA RIDGE TRAIL ------....n,....._..._...........-.:�-„';'".a„_, $�,-"`—y` -w✓ ""- C o U N C I l MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FIRST-EVER "RIDGE TRAIL CRUZ" Trail Event for Hikers, Bicyclists, and Equestrians, Saturday, October 7tn For Immediate Release Contact: Karen Kidwell(415) 561-2595 September 12, 2006 Julie Norton (650)691-1200 Today, the Bay Area Ridge Trail Council announced that registration is open en for a new trail event for hikers, bicyclists and equestrians, beginning at Midpeninsula Regional Open Space District's Skyline Ridge Open Space Preserve. Modeled after a popular annual hiking event in Marin County, the Ridge Trail Cruz features a section of the Ridge Trail and highlights the 300 miles of the projected 500-mile trail already open for use, and encourages community members to enjoy the trail. "With many excellent sections of the Ridge Trail open in Santa Clara and San Mateo counties, we're excited to inaugurate the Ridge Trail Cruz," said Karen Kidwell, Development Director for the Council. "Thanks to the support from local trail user groups, park and open space districts, and volunteers, this will be a multi-use event, and we hope to introduce the Ridge Trail to more people on the Peninsula. " The Council has partnered with the Midpeninsula Regional Open Space District (MROSD) and ROMP (Responsible Organized Mountain Pedalers) on the event. REI donated startup funding and prizes for the fundraising part of the event, and will host a tech station for mountain bicyclists. "The District is pleased to support the Bay Area Ridge Trail Council's efforts and partner with the organization on this event," said Julie Norton, MROSD's Community Programs Supervisor. "The Ridge Trail Cruz provides a great opportunity to explore the Bay Area Ridge Trail and enjoy stunning routes and scenery." Event Details Hikers may choose to go on a 13-mile hike, or up to 26 miles. A bus will shuttle hikers south to a Santa Clara County Park or MROSD's Saratoga Gap so they can hike north on the return. There are five mountain bike options in MROSD preserves for participants. Outings suitable for children are also available, and equestrians are welcome. Rest stops, water, snacks, a detailed map, and outing leaders are provided, plus bus transportation for hikers. The fee is $30. Attendance is limited to 80 hikers and 50 cyclists, plus family groups. Start time depends on the event. By joining the optional CruzAthon, participants can raise funds through pledges and receive special gifts. Event proceeds will benefit the Bay Area Ridge Trail Council's efforts to complete the proposed 500-mile trail. I I i How to Sign Up Registration is open to the public at www.ridgetrail.org, or call (415) 561-2595. Advance registration is required. Volunteers Welcome The Council welcomes volunteers to work at rest stops along the route on the day of the event, or to assist with other preparations. Please contact Robin Drysdale, the Council's Volunteer Coordinator at (415) 561-2595. About the Ridge Trail The Bay Area Ridge Trail, when completed, will be a 500-mile trail encircling the San Francisco Bay along the ridge tops, and open to hikers, equestrians, mountain bicyclists, and outdoor enthusiasts of all types. So far, 300 miles of trail have been dedicated for use by Bay Area residents, now and forever. The Bay Area Ridge Trail Council is the nonprofit organization that plans, acquires, builds, maintains, and promotes the Ridge Trail. www.ridgetrail.org 1007 General Kennedy Avenue, Suite 3 San Francisco, CA 94129 About Midpeninsula Regional Open Space District Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has successfully protected and managed over 50,000 acres of open space which the public enjoys 365 days a year. The District is an independent, non-enterprise, California special district whose mission is to purchase 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 330 Distel Circle Los Altos, CA 94087 Press Contacts: Karen Kidwell, Bay Area Ridge Trail Council (415) 561-2595 Julie Norton, Midpeninsula Regional Open Space District (650) 691-1200 i / � "~ ---Original Message----- From: Anne Sharman [maiIto:asharman@openspacetrust.org] � Sent: Thursday, September 21, 2OU69:27AM � To: Anne Sharman / Subject: PROP � ~ � For Immediate Release Contact: Anne Sharman � September 21, 2OO6 Director ofCommunications Phone: (650) 854-7646 � o� �sharnnan@openspacetrust. | � | wwwopenspac�trustovg . . � | � � POST Supports NProposition����� 84 on November Ballot (Menlo Park, Calif.) - As Election Day (November7) draws near, POST isannouncing its support for a bond intended to protect California's natural resources. The bond is known as Proposition 84, or "The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of2OOG." "Past bonds have had a direct impact on the natural beauty, recreational opportunities and working farmland of the Peninsula," said POST President Audrey Rust. "Passage of this bond will allow all of us to protect these resources for people here now and for � future generations." � � The bond contains nearly $5.4 billion in funding for the protection of the state's � drinking water, watersheds and other natural resources. It will appear on the ballot � following four other bonds for roads, schools and other projects. � � If the bond passes, more than $1 billion would be directed toward state programs, � many of which are directly related to POST's mission to preserve open space on the � San Francisco Peninsula. � � Previous bond acts have provided a significant source of funding for Peninsula land � protection by bringing in more than $42 million, over the past five years, to save land � � on the coast. To date, that money has been used to save 14,532 acres of open space along the San Mateo Coast, including rolling coastal hills, sandy beaches, lush redwood � forests, rich wildlife habitat and prime agricultural lands. � Importantly, bond measures provide the only reliable source of steady funding for the public agency partners that play a significant role in the permanent protection of natural resources and agricultural lands, including the California Coastal Conservancy, | the California Wildlife Conservation Board and California State Parks. POST works / closely with these agencies to craft innovative public-private partnerships that result in the protection of thousands of acres of Peninsula land. Successful passage of the bond will allow these agencies to carry out their missions ofpreserving California's natural � treasures. / ### POST is a leading private, nonprofit land trust dedicated to preserving the beauty, character and diversity of the San Francisco Peninsula landscape. Since its founding in 1977, the organization has been responsible for saving more than 56,000 acres as permanent open space and parkland in San Mateo and Santa Clara counties. Regional Open 51 -,e ------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 1, 2006 Mr. Mike Raynor Woodside Trails Committee The Town of Woodside PO Box 620005 Woodside, CA 94062 Re: Thomewood Open Space Preserve Dear Mr. Raynor, The Midpeninsula Regional Open Space District(District) is in receipt of your letter dated July 26, 2006, regarding the trail system at Thomewood Open Space Preserve. We appreciate the desire of the Woodside Town Council and the Trails Committee that existing trails at the Preserve remain open and in good condition. This is a very high priority for the District as well. A number of planning projects are currently underway at the Preserve to improve the condition of the trail system and to address significant environmental issues. Thomewood Open Space Preserve is located within the San Francisquito Creek Watershed, which has been listed as "sediment-impaired" under section 303(d) of the Clean Water Act. The District has contracted with a certified engineering geologist who has already begun a comprehensive assessment of the road and trail system to identify and prioritize maintenance needs to protect water quality and improve access. Our goal is to upgrade the existing trails to maintain opportunities for year-round hiking and equestrian use,where feasible, while reducing the potential for erosion and sedimentation in order to comply with the requirements of the Clean Water Act. Based on the results of this assessment, and in coordination with the Trails Committee, the Town of Woodside, other regulatory agencies, and with members of the community, staff will prepare recommendations for trail improvements for consideration by the District Board of Directors. We anticipate that the assessment will be completed this fall and that staff will begin outreach efforts early this winter. The District has also contracted with a civil engineer to assist us in designing a replacement trail bridge across Dennis Martin Creek. This bridge will likely be constructed of prefabricated steel or fiberglass and will be suitable for hikers and equestrians. We anticipate completing the design and engineering work and applying for permits in the fall. To help fund the trail upgrades, bridge replacement, and other erosion control projects designed to protect and improve water quality within the San Francisquito Creek Watershed, the District has partnered with the San Francisco Bay Estuary Institute and the Association of Bay Area Governments to apply for grant funding from the State Water Resources Control Board. We will learn in October of this year if our$200,000 share of the grant request will be considered for funding to help pay for the necessary trail improvements at the Preserve. 33o Distel Circle 650-6g1-12oo info@openspace.org BOAR D OF DI RECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: II Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton There are a number of important resource management projects underway at the Preserve that may also be of interest to the Trails Committee. Last winter the District confirmed the first known occurrence of Sudden Oak Death (SOD) at the Preserve. The District has adopted a ten- year work plan for addressing SOD, including mapping of potentially resistant trees,treating a select number of heritage trees with a fungicide, and establishing a collaborative research fund for SOD research to help guide land management decisions. We will continue to map SOD at the Preserve and to develop and implement protocols to reduce its spread to other locations. The District has taken a lead role in the eradication of slender false brome, a highly invasive non- native grass species. The Preserve and surrounding private properties in the Woodside area appear to be the only known population of this weed in California. In Oregon, slender false brome has spread to over 10,000 acres and has become a major resource management issue. Through the efforts of the District and the San Mateo County Weed Management Area,this species has recently been reclassified by the State of California as a Category A noxious weed, which dictates that it is now considered one of the State's highest priorities for eradication. Efforts to control this species will be considered during our trails planning process for the Preserve. Because the species can only be eradicated through a regional approach involving private landowners and other agencies, we hope that the Trails Committee and the Town of Woodside will join us in developing a comprehensive management plan to eradicate this weed. Schilling Lake is another component of the District's assessment of resource issues at the Preserve. The District intends to develop a long-term management plan for the lake that addresses water quality, habitat enhancement, and dam maintenance. Taking a broad, resource- based approach to address the many planning issues at the Preserve will allow the District to prepare a comprehensive and well-integrated plan for resource management and public access at the Preserve. This will facilitate review of the plan under the California Environmental Quality Act, and will help to consolidate and streamline the permitting process with regulatory agencies including the California Department of Fish and Game and the San Francisco Bay Regional Water Quality Control Board. Should you have any further questions or if you would like more information about the trails planning process at Tbornewood Open Space Preserve,please contact Meredith Manning, Open Space Planner II,at(650) 691-1200. Thank you for taking the time to express your interest in the Preserve. SiWerely" Cyr, esident Midpeninsula Regional Open Space District JC:mf-jb cc: Midpeninsula,Regional Open Space District Board of Directors L. Craig Britton, General Manager,Midpeninsula Regional Open Space District John Maciel, Operations Manager, Midpeninsula Regional Open Space District Woodside Town Council Regional Open Sp, -,e --------------------—------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 14, 2006 Mr. Craig Dremman P.O. Box 609 Redwood City, CA 94064 Dear Mr. Dremman: This letter is in response to your email dated August 23, 2006. The Board continues to appreciate your interest in native grasses and flora on District preserves and your concern regarding the presence and management of nonnative plant species. As we've stated in our previous correspondence, the District is making a concerted effort to expand our resource management program to be better able to respond to the issues you've raised such as controlling nonnative plants and restoring native ecosystems to District preserves. The Board understands that it takes significant time and financial resources to protect and manage the lands we own. Although the District is always looking for new funding opportunities, we do not have current plans to obtain increased public funds through bond or ballot measures. We will continue to carry out the District's mission of purchasing land while striving to protect and restore the lands that we own and manage. Again, please refer to the District's Website, www.openspace.org, for further information on the District's action plan, budget, and activities, including restoration efforts and controlling nonnative plant species. We will update the site with new information as it becomes available. Thank you again for your interest and concern about these issues. Sincerely ---5 AdC resident BoardBoard of Directors cc: MROSD Board of Directors 33o piste)Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Lorry Hassett,Kenneth C.Nitz L.Craig Britton To the Members of the California State Assembly: I am returning AB 2838 without my signature. This bill, which seeks to impose a new tax on all cars registered in specified coastal counties, is nearly identical to legislation I vetoed last year. In that veto message, I stated that I support the goal of increasing funds to mitigate the effect of traffic congestion but that I cannot support the continued adding of new fees such as this without the approval of the people upon whom the fees are imposed. My position has not changed. Throughout the year, my administration worked with members of the legislature on a proposal that would have given all counties the authority to adopt, with voter approval, modest license fee add-ons to fund environmental and traffic mitigation programs. Unfortunately, those efforts were ultimately rejected. I encourage the Legislature to reconsider this decision when they return next year. Sincerely, Arnold Schwarzenegger Regional Open Space MIDPENINSULA REGONAL OPEN SPACE DISTRICT Memorandum To: Board of Directors From: Craig Britton General Manager i g g Date: September 22, 2006 Re: 20 -2 05 006 Consolidated Grants Program Award of Funding Planning staff have just learned that a major partnership to protect and restore the San Gregorio Creek Watershed has been awarded funding under the Proposition 40 Integrated Watershed Management Program administered by the California State Water Resources Control Board. The project is titled San Gregorio Cree k Watershed; Planning for Re storation" and is a partnership between the Natural Heritage Institute, the San Gregorio Environmental Resource Center, the District, as well as the Department of Natural Sciences of Notre Dame de Namar University, United States Geological Survey, Stillwater Sciences, and Cuesta La Honda Guild. The total grant is for$500,000 allocated among nine different project tasks, several of which will be tasks in which the District will play a major role. The overall goal of the project is to improve ecosystem function and water quality in the San Gregorio Creek Watershed, primarily for native species protection and restoration. The project has several objectives including scientifically assessing watershed conditions and limiting factors, identifying restoration and management measures and strategies, developing and promoting adoption of a robust Critical Coastal Area(CCA) Watershed and Action Plan, and implementing prioritized actions to protect anadromous fish habitat and reducing non-point source sediment pollution entering the watershed. The District will continue to work with the project partners to develop a specific scope of work for this project and will return to the Board in the future for approval of this program. The District's primary involvement in the project will be with the planning activities undertaken on the District lands in the watershed, specifically in the assessment and design of stream assessment and habitat enhancement within El Corte de Madera Creek, La Honda Creek, Harrington Creek, and Bogess Creek; all of which are creeks that pass through significant acreages of District lands. For more information, please feel free to contact Kirk Lenington. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Rudy Jurgensen Septeniber14, 2006 Public Affairs Manager (650)691-1200 DISTRICT VOTES TO SUPPORT $5 BILLION PROPOSITION 84 LOS ALTOS, CA [September 14, 2006] —The Board of Directors of the Midpeninsula Regional Open Space District unanimously voted Wednesday night to support Proposition 84, the $5.4 billion bond measure also called the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006. Proposition 84 would provide critically needed funds to ensure the availability of safe drinking water, improve local water supply reliability, strengthen flood protection, and preserve California's natural landscapes, including parks, open space, rivers, beaches, bays, ocean and coastline. Current funding for California's natural resource protection programs is critically low at less than 1% of the overall state budget and current bond funds will run out as early as 2006. Adding to pressures the state will experience over the next few years is an enormous population growth that will leave California without funding for critical new investments in safe drinking water, water quality and supply, flood control, state and local parks, and protection of California's rivers, streams, bays, and coastline. The bond initiative was developed by a coalition of conservation groups in collaboration with water agencies and local governments from across the state, as well as environmental, urban, and other public interest organizations. ### Created by voters more than 30 years ago, the Miapeninsula Regional Open Space District has successfully protected and managed over 50,000 acres of open space which the public enjoys 365 days a year. The District is an independent, non-enterprise, California special district whose mission is to purchase 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