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Home My Public Portal About20070228 - Agenda Packet - Board of Directors (BOD) - 07-05 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 07-05 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:30 p.m. Wednesday, February 28, 2007 330 Distel Circle, Los Altos, California Please Note: 7:30 p.m. Regular Meeting Start Time AGENDA* 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—K.Nitz ADOPTION OF CONSENT CALENDAR—K.Nitz BOARD BUSINESS 7:40* 1 Approve District Online Store;Approve Providing an Online Store on the District's Website;Authorizing the General Manager to Execute a Contract with T. R. Miller Co. Inc., in a Form Approved by the General Counsel,to Provide the Vendor Services as Described in the Report—E. Cuzick 8:00* 2 Continuation of Review of Invasive Species Policy;Review, Discuss and Comment on the Invasive Species Policy—C. Roessler 8:30* 3 Authorizing the Grant of an Easement and License to Santa Clara Valley Water District for Construction of the Guadalupe Creek Fish Passage Modifications to U-Frame Channel at Sierra Azul Open Space Preserve (Santa Clara County Assessor's Parcel Number 575-04-007);Determine that the Recommendation is Categorically Exempt from the California Environmental Quality Act(CEQA)as Set Out in the Report; Adopt Resolution Authorizing the President of the Board to Execute an Easement and License to Santa Clara Valley Water District for Construction of the Guadalupe Creek Fish Passage Modifications to U- Frame Channel at Sierra Azut Open Space Preserve—K. Lenington 8:45* 4 Review and Approve Initial Succession Planning Process for General Manager; Approve Initial Succession Planning Process for General Manager and Direct Ad Hoc Board Appointee Evaluation Committee to Undertake Steps I and 2 of the Process—Ad Hoc Board Appointee Evaluation Committee Directors Hanko, Siemens and Cyr 8:55* 5 Approve Retaining Godbe Research to Perform a District Public Opinion Survey Including Follow-up Focus Groups;Authorizing the General Manager to Retain Godbe Research to Conduct a Public Opinion Survey and Follow-up Focus Groups and Execute a Contract for Such Services in an Amount not to Exceed $48,110, in a Form Subject to Approval by the General Counsel—R. Jurgensen 9:15* 6 Approval of the Settlement Agreement and Mutual General Release in the Matter of Fogarty v. Midpeninsula Regional Open Space District and Related Cross-Complaint;Approval of Addition of the Fogarty Property(San Mateo County Assessor's Parcel Number 080-260-050)to Coal Creek Open Space Preserve;and Approval of Settlement of Title Insurance Policy Claim with First American Title Company; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)as Set Out in the Report;Adopt Resolution Approving and Ratifying the Settlement Meeting 07-05 Page 2 Agreement and Mutual General Release;Authorizing the Purchase of the Fogarty Property as an Addition to the Coal Creek Open Space Preserve;and Authorizing the General Manager to Execute a Settlement Agreement with First American Title Company Resolving the Title Insurance Claim Submitted in This Matter, in a Form Subject to Approval by the General Counsel;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in the Report, Including Naming the Property as an Addition to Coal Creek Open Space Preserve; Indicate the Intention to Dedicate the Property as Public Open Space —S. Schectman 9:30* 7 Annual Progress Report on the Use of Radar on District Lands for Calendar Year 2006;Accept the Informational Report on the Radar Program—G. Baillie 9:40* 8 Field Enforcement Activity for 2006 and Sixteen-Year Field Activity Summary;Accept the 2006 Miscellaneous Enforcement Activity Summary and the Sixteen-Year Field Activity Summary—G. Baillie 9:50* 9 Annual Progress Report on Ranger Bicycle Patrol Program for Calendar Year 2006;Accept the Informational Report on the Ranger Bicycle Patrol Program —G. Baillie 10 Lease Approval with Kaidara, Inc., for the Surplus Office Space at 330 Distel Circle, Los Altos,California; Authorizing the General Manager to Execute the Administrative Building Lease with Kaidara,Inc. for the Office Space at 330 Distel Circle,Los Altos,California That is not Currently used by the District—J. Dickey 11 Authorize Execution of an Amendment to Communications Site Lease with C&C Equipment at Black Mountain, Rancho San Antonio Open Space Preserve; Determine that the Recommended Action is not a Project Under the California Environmental Quality Act(CEQA)as Set Out in the Report;Authorizing the General Manager to Execute the Amendment to the Communications Site Lease with C&C Equipment at Black Mountain, Rancho San Antonio Open Space Preserve—J. Dickey REVISED CLAIMS 10:05* 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. 10:20* ADJOURNMENT Times are estimated and items may appear earlier or later than listed,Agenda is subject to change of order. TO ADDRESS WE 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 lire 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 of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650) 691-1200, Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Regional Open Space ... ......... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-31 Meeting 07-05 February 28, 2007 AGENDA ITEM 1 AGENDA ITEM Approve District Online Store GENERAL MANAGER'S RECOMMENDATIONS 1. Approve providing an online store on the District's Web site. 2. Authorize the General Manager to execute a contract with T. R. Miller Co. Inc., in a form approved by the General Counsel, to provide the vendor services as described in this report. DISCUSSION As the District has grown to protect 55,000 acres over the last 35 years, so has the District's recognition in the communities it serves. Every year, large numbers of people recreate on District lands and many local residents volunteer their time to provide a richer outdoor experience by leading hikes or rides, or working with District staff in the field. People identify with the District and its mission, and staff proposes to further build this relationship by making available a line of quality merchandise through an online store. The primary benefit to the District would be enhanced"brand" recognition, a more visible District presence, and providing an opportunity for people to contribute to the work of the organization by making a purchase. Many Bay Area non-profit organizations, including Trust for Public Land, Sierra Club, and the Nature Conservancy, already offer this service on their Web sites, and it provides a small source of funds for their organizations. To minimize the risk to the District,various approaches in developing an online store were evaluated based on the following goals: low upfront cost; no in-house stocking and management of merchandise; low-cost maintenance over time; flexibility to vary product lines and pricing; and a wide choice of products. Staff has researched a number of vendors who offer a service that meets these goals and found T. R. Miller Co. Inc. of Massachusetts to stand out as a provider. T. R. Miller Co. Inc. offers low upfront costs and a large selection of merchandise at reasonable prices without the need for the District to keep inventory. Initially, the District would offer 20 items on its Web site, including t-shirts, sweat shirts,jackets, hats, a backpack, a durable picnic blanket, and District tote bag. T. R. Miller Co. Inc. will provide the cost of each product to the District. This base cost would, at the same time, be T. R. Miller Co. Inc.'s contract payment. Staff would then mark-up each item to obtain an approximate gross margin of 25%. A comparison of list prices would then be made with other non-profit organization merchandise, and where applicable list prices would be adjusted so as not to exceed the lowest list price on comparable items. At the end of each quarter,T. R. Miller Co. Inc. would submit to the R-07-22 Page 2 District a quarterly sales report along with the net proceeds from sales for that quarter. There are no upfront costs associated with this arrangement. The proposed online store would work as follows. The customer would click a link on a new District Web page, or"store,"which then transitions to the vendor's Web page. On the vendor's page, a selection of merchandise is displayed embroidered with the District's logo and offered in District- complementary colors where possible. Customers can view products, make a selection, place an order, and receive the product without impacting the District. The buyer purchases selections from the vendor's Web site and the vendor provides the merchandise, handles the orders, ships, and processes returns. This approach works because all merchandise offered would be"soft," in other words; all articles can be embroidered"just-in-time,"meaning when the customer orders it. Therefore, there is no need for inventory. We would exclude any items that cannot have the logo placed on them "just-in-time," such as a calendar or mug, and that consequently would need to be stocked at a warehouse. There is a one-time upfront cost of$500 for development of a customized vendor Web page. If at any time the District finds that a certain item of merchandise is not selling, the item can easily be discontinued or replaced. Staff expects that it will take some time to get the product mix to work, and the District will need to offer some sales promotions to move product. Since the District's logo will be embroidered on all merchandise, the Board now has another opportunity to evaluate whether a logo update is warranted. As the presentation to the Board will show, the two logo designs (ridgeline and patch), which were created more than a decade ago,no longer easily fit a prevailing aesthetic that emphasizes round shapes and a more compact style, and is easier to recognize and remember. Staff recommends be inning the process of updating the 9 District's logo to follow this trend and give it a more distinctive look. Staff recommends implementing a District online store. This would include authorizing the General Manager to sign a contract with T. R. Miller Co. Inc. to provide logo-embroidered District merchandise, constructing an online storefront for visitors to the District's Web site (potential shoppers), creating a District link, and advertising the store on the District's Web site, in the District's quarterly newsletter, and in other available resources. Prepared by: Elaina M. Cuzick, Public Affairs Assistant Contact Person: L. Craig Britton, General Manager A Regional Open Space .... .. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-32 Meeting 07-05 February 28, 2007 AGENDA ITEM 2 AGENDA ITEM Continuation of Review of Invasive Species Policy GENERAL MANAGER'S RECOMMENDATION Review, discuss and comment on the attached Invasive Species Policy DISCUSSION In a January 24, 2007 special study session,the Board of Directors reviewed staff recommendations on revising the existing Non-native Species Management chapter(Chapter 6)of the Board's Resource Management Policies. This item continues the Board's discussion on this policy. The proposed invasive species management policy text is attached. Revisions to Chapter 6 are presented in a strikeout/underline version. The order of the policies has been rearranged to fit within the current approach of addressing these issues under prevention, monitoring and control topics. As a result, some of the former policies have been relocated, in addition to being revised or completely replaced. Staff is recommending that any inconsistencies within the resource management policies that arise because of sequential revisions to different sections be addressed at the conclusion of all the specific policy workshops. No changes have been made yet from the January 24, 2007 meeting since this is a continuation of that discussion. CEQA COMPLIANCE The study session will not result in any action by the Board of Directors subject to CEQA compliance. Prepared by: Cindy Roessler, Resource Management Specialist Contact Person Same as Above January 24, 2007 Invasive Species Management 6 NON-NATIVE INVASIVE SPECIES MANAGEMENT The Problem with Invasive Species The District defines native to mean plant and animal , have eGGurred, oF -a species that were present in gar mmeiree , the San Francisco peninsula as a Fesult of prior to the large-scale alteration of North American lands by European humans depeRd OR whether the pest is a Ratiye OF ROR Rative speGies. Native pests aF8 Rot raeRtFelled after 1769. Native species are adapted to local natural • conditions and support complex ecological systems. Invasive species are non-native animal or plant species that take over large areas and reduce biodiversity. They proliferate beyond natural control and interfere with the natural Non-native species are processes that would otherwise occur on wildlands. Once established, invasive species can defined as species that did become difficult to manage. Because they can eliminate native species or otherwise alter the not originally occur on the natural conditions of District preserves, this chapter addresses the management of invasive San Francisco peninsula, species. and that move into, or are introduced into preserve Non-Nat+ve Invasive Plants landscapes as a direct or indirect result of human Non-native, Invasive plants have greatly altered many of California's natural plant activities. communities. Because they originated elsewhere, many raOR Rat+ve invasive plants have no are not susceptible to browsing, pests or diseases of this region. They are extremely adaptable and can thrive in a wide range of conditions. They can Friest invasive non native6 grow fast quickl , reproduce early, produce many long-lasting seeds dormant foF years, and tolerate disturbance and full SUR. They reduce native biodiversity by gradually crowding out native plants and . IRstead of by Over fifty invasive plant competing with native wildlife for food, and reducing or modifying wildlife habitat. species have been identified or are likely to occur in District preserves. Some 'common invasive plant HaFdiRq GFass, Purple StaF Thistle, B!aGk Lerust, Himalayan B!aGkbeFry, F-ennel, Milk Thistle, species in District preserves are French broom, pampas grass, and yellow starthistle. Neff-Nat+ve Invasive Animals Ranking seGGRd to less of habitat Fesulting fFeFn human *RtFUS60A, non Rative Along with direct habitat loss due to human development, invasive animals pose the-gfeatest another threat to native wildlife. Escaped domestic animals and other non-native wildlife species can thrive in this the favorable climate of the San Francisco peninsula. Once established in a preserve, they compete for valuable resources and disturb the sensitive balance of natural food webs. Feral pigs were abundant in Bullfrogs and wild pigs are examples of invasive introduced animals found in District preserves the South Skyline region in that are displacinq native plants and wildlife. the 1990s. The District has Wild (feral) pigs are the AGA native an example of an invasive wildlife species with the most been trapping feral pigs obvious impact on District lands. They have been widespread in the central coast of California since 2000 and has since about 1970 substantially reduced their population and damage from ' and- are their rooting. They reproduce rapidly, dig up meadows and wetlands, and carry diseases whisk►that can affect people and livestock. They eat acorns, bulbs, and soil animals, and are intelligent and difficult to control. Under ideal suitable conditions, tkie#a feral pig population can double every four months. 6-1 I January 24, 2007 Invasive Species Management Integrated Pest Management 9 9 managemeRt tOGhRiques tO PFeV9Rt URaGGeptable levels of damage with the least haz-aFd tG rese�+rses: Integrated pest management (IPM) is a long-term strategy that specifically reviews alternatives and monitors conditions to effectively control a target pest with minimum impact to human health the environment and nontarget organisms. IPM can be used for many types of Pesticide is a broad term pests and situations (e.g. landscape weeds ants in houses thistles invading native that includes any material grasslands). Chemical and non-chemical techniques are considered, and techniques will vary (natural, organic, or according to site conditions or as conditions at a treatment site change over time. If pesticides synthetic) used to control are necessary to meet a pest control objective, the least toxic and most target-specific or prevent pests including pesticide is chosen IPM requires knowledge of the biology of pests the available methods for herbicides (weed or plant _ controlling them and the secondary effects of these methods. It also requires monitoring site killers), insect sprays, and conditions before during and after treatment to determine if objectives are being met and if rodenticides (rodent killers) methods need to be revised as a few examples. Programs to control Caen-Rative invasive plant and animal species require long-term commitment. With many noR-+aat+ves invasive species, short-term lapses in management activity may negate years of expensive control programs. Goal: Control of non-Dative invasive species whIsh that have a substantial impact on preserve resources, whenever control Is reasonably possible Policies and Implementation Measures 6.1 Prevent the introduction of invasive non-native species to District preserves. • Stay informed on potential new invasive species, their threat to District resources, likely vector pathways, control methods and monitoring techniques. Best management practices for preventing the introduction of invasive vegetatier-: species include cleaning equipment before leaving . When designing new District projects that may result in around disturbance a weedy site, and using incorporate measures to avoid spreading invasive species into work areas and where seed,plant, forage, till, reasonably possible control any invasive species currently on the site. erosion-control and other materials that are free of . Use best management practices during District maintenance activities to avoid weed seeds. introducing invasive species into new areas. • Conduct education and outreach to keep visitors and adjacent landowners informed on the threat of invasive species and actions they can take to prevent and control their spread. 6-2 January 24, 2007 Invasive Species Management 6.2 Map and monitor invasive species problems. Develop a PFOgFaFn tO FAGR;tGF iRvasive non native plaRt and animal speGies to deteGt • pepulatieR qFew4h and Fange expaRS;GR. Post "RfeFmation about in VA-6 At appFepFiate trailheads. Maintain a GIS database of the location or range of invasive species on District preserves, and use this information to determine priorities for control. • Share mapping information with adjacent landowners and other responsible agencies to assist in collaborative control efforts. • Monitor District invasive species control activities to assess the effectiveness of different treatment methods on target and nontarget species and to guide future actions at the same and similar sites. 6.2Manage bGth native and non-native speGies arr.Grtding tG integr-at pest management (IPM) teGhn' DepeFation with Fesponsible 6.3Control invasive species using a system of priorities and integrated pest management OPM) techniques. The California Invasive Give high96t PFOOFity fGF GGRtFG1 effe-Fts to non RatiV8 GP8666 WhiGh aFe aGtiyely Plant Council maintains displaGiRg native sp i ally OR sensitive habitats, aFeas ReXt tO PF*Yate an Invasive Plant PFOpeFty, and aFeas Inventory that rates the threat of non-native plant Prioritize invasive species control based on potential risk to sensitive native species species by evaluating and loss of native biodiversityb feasibility for effective control; availability of necessary their ecological impacts, labor, tools and time; collaboration with adjacent landowners and other responsible invasive potential and a-gencies; and consistency with other District goals. ecological distribution. Along with local Wnde%tand the bielegy of an "Rvading speGieS, d8t8FFn;R9 its disFuptive potential, and knowledge, the District GGeptable levels of damage. Use r.GRtFOI methods that rause the least hazaFd uses this list to evaluate PFGpeFty, and the enViFGAFnARt' WARtify a PFOP068d- G-0-At.FG-1 OF 81iMiRatiOR the invasive risk of PFGgFarA effeCAS PFiOF tO its implementation. FGF example, b8f49F9 USiAg existing and new non- preSGFibed fire We G_G_RtFG1 8RGFeaGh*ng vegetat"OR, GGRsid8F fiFe 6 OFApaGt en the over-all native plants found on habitat and !aAdSGape and weigh this against etheF GGRtFG1 Methods SUGh as phySiGal District preserves. removal. • Take aGtioR agaiRst pests ORIY WhA-.n and- mihere natuFal GOntFOIS appeaF to be failing and the pest will Gause URar.Geptable impaGts on pFeseFve F86OUFG86, ReighbGF;Rg pNvate PFGPOFIY, oF huFnaR health. • Prior to implementing a pest control activity, determine the biology of the invading species, its disruptive potential, and relevant site conditions. Review pest control obiectives for consistency with other site goals and determine acceptable levels of damage. USe 1PM pFereduFes to deteFmiRe when tO GORtFOI pests and whether to use GhWniGal, fiFe, b;O'GgvGal, OF GtheF Fnea C-e-RA.Wer the full FaRge Of pest GontF91 alteMat"Yes. Choose 6tFategies and times 0 treatrneRt t aF9 the least disFuptive to natUFal GOAtFOIS, least hazaFdOUS to humaR health, texin- to neR target eFganisms, least damaging to the geneFal 6-3 January 24, 2007 Invasive Species Management mt, and most Direrm the n-entFol Fnethed naFFOWIY at the taFgOt OFgaRi6FR 49 &.49-id- bread impaGtS OR the 8GG6y6te 0 Using an IPM approach, consider the full range of pest control alternatives. Choose site-specific strategies and times of treatment that provide the best combination of protecting preserve resources, human health, and non-tar-get organisms and that are efficient and cost-effective in controlling the target invasive species. Direct the control method narrowly at the target organism to avoid broad impacts on the ecosystem. Modify control methods over time as site conditions and treatment techniques change. 0 Do not introd-no nnn native Plants and aRiFnaI6 iAtO PFeSOFY96, eXGept W Prior to the approval of ...... ..... .. 6peGies, and then GRIY WhOA the fGIIOW4Rg Me Gendit the use of any new Fnet; (1) available native SP8Gi96 Will not Fneet tho needs of the FnaRagemen biological control agent, pFogFaFn-, and (2) the ROR RatiVe 6p8G686 Will ROt b8GGFRe a pe6t (based OR best ilable infeFFnatieR). the US and California Departments of Agriculture conduct 0 Only use non-native biological control agents to control invasive species if sufficient years of laboratory and information is available to determine that nontarget native and agriculture species will field studies to assess not be adversely affected and the biological control agent will not otherwise become a the candidate's host subsequent pest. specificity and its 0 1-16A rABMiGals GRIY wheFe alteFRafiVR rnAthod aFe kROWA tA he ;RA_ffA_9_4iVe. Apply potential impact on j target and nontarget biedeffadab'9 GhWiGa,16 in an 8RViFonFnental!Y 6afe maRR9F. Take all FeaSeRable species and pFerawtieRs tO PFgteGt the enViFORFReRt, the health and safety of D*StF"Gt OMP10YOeS, environmental safety. and pFeSOFVe ViSitOF6. 0 Use pesticides only where alternative methods are known to be ineffective. Apply pesticides in an environmentally safe manner. Take all reasonable precautions to protect the environment, the health and safety of District emt)lovees, ad*acent lands and preserve visitors. The District coordinates * Plan for repeat treatments as indicated by the invasive species' regenerative with the San Mateo County car)abilities. Manage the addition of new sites to the invasive control program to and Santa Clara County ensure that existing sites are sufficiently controlled. Weed Management Areas, the California Invasive 0 Coordinate and cooperate with neighber-6 adiacent landowners and other responsible Plant Council, the a-gencies to control invasive species. California Department of Fish and Game, the 0 Consider the impact of removal of neR native invasive species on native wildlife. California Department of Food and Agriculture, 0 if a neR-Rative anomal pfobblAe.M. -AR..d- advisable, make aR effGFt tO County Agricultural save thA 14A by findiRg a suitable home iR a non RatUFal Setting. Departments, and the Cooperative Extension a If a non-native animal becomes a problem and removal is advisable, consider a range Service to stay informed of techniques for feasibility, including live capture and relocation to a suitable home in on invasive nvasive plants and a non-natural setting. animals, IPM techniques, and pesticide regulations. A#eFnpt to Fnenitei: Ron pe6t populatieRs iR tFeated aFea6 bSfGFe and afteF applyiRg pe6tir.ide to deterat aRy URaRtiripated 9#eGts. Keep Fer.GFds of all P86tiGide6 applied and all pest FAeRitei:ing aGtiVitie6. Submit an annual FepeFt of all Pe6tiGi_e and- heFbiGqde use to the 13oaFd Of DiF8Gt9F&-. • Keep records of all pesticides applied and submit monthly and annual reports to the County Agricultural Departments. Obtain Pest Control Recommendations and provide field staff safety training in the storage, mixing and application of pesticides. • Plan for and monitor natural regeneration or install native plants and provide short- term maintenance at sites from which invasive plants have been removed. Generally, this will occur after several years when the number of invasive individuals and their potential for reseeding, resprouting or otherwise reoccupying the site has been 6-4 January 24, 2007 Invasive Species Management substantially reduced. • If eradication of an invasive species from a distinct location is not feasible, apol measures to contain the population or slow down its rate of spread. 6-5 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-33 Meeting 07-05 February 28, 2007 AGENDA ITEM 3 AGENDA ITEM Adopt a Resolution Authorizing the Grant of an Easement and L' se to Santa Clara Valley Water District for Construction of the Guadalupe Creek Fish ish Passage odifications to U-Frame Channel at Sierra Azul Open Space Preserve(Santa Clara County Assess is Parcel Number 575-04-007) GENERAL MANAGER'S RECOMMENDATI I. Determine that the recommendation is categorically exempt from the California Environmental Quality Act(CEQA)as set out in this Report. 2. Adopt the attached Resolution authorizing the President of the Board to execute an Easement and License to Santa Clara Valley Water District for construction of the Guadalupe Creek Fish Passage Modifications to U-Frame Channel at Sierra Azul Open Space Preserve. BACKGROUND(see attached map) Santa Clara Valley Water District(SCVWD)approached the District in early 2005 to acquire permission to access District land for the purposes of constructing a mitigation project within a portion of Guadalupe Creek in the District's Rancho de Guadalupe area of Sierra Azul Open Space Preserve. The District purchased the 1465-acre Rancho de Guadalupe property in 1995 (see R-95-87), and the project area is located within Guadalupe Creek, which runs parallel to Hicks Road between Pheasant Road to the west and Reynolds Road to the cast. The Guadalupe Waste Management facility is located on the north side of the creek, and Almaden Quicksilver County Park is located upstream to the east. During the due diligence investigations conducted for the purchase of the District's property, it was noted that historic mercury mines were located in the area, mostly to the north and east. The proposed project involves one of these legacy sites,a"U-shaped"concrete channel, originally constructed in the late 1800s and lying within the creek bed along Hicks Road. It was constructed in a futile attempt to limit water intrusion into the mineshafts running beneath the waterway. This project was proposed by SCVWD as a mitigation for potential impacts on steelhead trout incurred downstream of the project site by the construction of the Upper Guadalupe River Flood Protection Project located between Highway 280 and Blossom Hill Road and initiated in 2001. The project proposed within District lands is designed to improve fish passage through a section of Guadalupe Creek where the U- frame channel creates a barrier to steelhead trout migration because of two conditions: The first is a large plunge pool located at the downstream end of the channel that presents too large of ajump for trout to overcome, and the second is water depths during low-flow conditions that are insufficient to allow fish to swim through the channel. Of course the Guadalupe dam face itself, located just a little over a mile upstream to the east,becomes the final barrier to fish passage. DISCUSSION To improve migration by steelhead trout within the Guadalupe Creek watershed, SCVWD proposes to modify approximately 50 feet of the existing downstream portion of the U-frame channel by excavating the central portion of the U-frame channel and constructing a concrete fish step-pool system consisting of , » Q'07-33 Page six pools where the jump height bc|v/cen each pool is no higher than mix inches. This step pool mystcnn will connect tile existing downstream plunge pool io tile existing first downmi,cunn grade control weir o[ the U-{rumcchannel. 'file remaining seven grade control weirs In the U-frame channel will be modified by ooncrc<c-*|icing u portion off the top o[cuch to allow easier fish puayugo. Improvement o[migratory fish passage through this Section o[Guadalupe Creek will greatly expand ovxi|ub|c spawning and rearing habitat K`rgoc|hcuJ trout in the Guadalupe Creek Watershed. [)n District lands, completion o[this project wi|| cnhuncen1uo|heuduuceautoDicksCvcek, anintenniUcn1cvcokthui drains a large portion of the Rancho de Guadalupe area before passing under a bridge on Hicks Road and � � spilling into Guadalupe Creek upstream o[the U-frumuchannel. � � ENVIRONMENTAL AND PUBLIC SAFETY Because of tile potential for mercury contaminated sediments to be released as a result of project construction, District staff requested that 6CVVVD indemnify the District and assume all liability and responsibility for any release or discovery of hazardous materials resulting from construction of tile fish passage prqJ1cct. The Easement and License has been druMcd with strong provisions designed 1oafford the District the maximumn protection [cumib|c from liability for hazardous materials arising from project � activities(see in particular paragraphs 4, 5, 7, 9, |O, 11 and 12). � The portion o[Rancho Jc Guadalupe where the project is located i*closed to public access and will � remain sn during construction. Hicks Road ieu public county road that will be subject 0m lane closures � � and traffic controls u|certain times during the project consiruotion. SCVVVDwi|| work directly with � Santa Clara County Roads to coordinate these activities. � C0QA COMPLIANCE Project Description 'file project oonmis/sn[theappro*a| n[Aron|inguncaacmcntovcrunurcaofDiatrict |undupponximutc|y � 13.079 square ;oct(O] acres) in size and approval o[o license area of | 1,500 square feet(U.264 acres)-in | � size for construction *[u fish passage improvement project. i � C0QA Determination � 8C\/VVD, acting anthe lead agency, has addressed the California Environmental Quality Act regarding tile Guadalupe Creek fish passage modifications u(the D-bamc channel project. The project inc|udeythe � � construction of modifications within the U-fraine channel oil Guadalupe Creek, and routine maintenance of Project structures and improvements, including periodically assessing the Project mitchnmBicky Road. � � � j For the District, the project undcrCE(}/\ is |hc granting o[an cuyomend to 5CVVVD over the portion of � District lands that includes the 0-trume channel on Guadalupe Creek. The District concludes that this � � project will not have u significant effect oil the environment. It ie categorically exempt 6nm CG0A (the � � California Environmental Quality Act) Linder Article 19, Sechon |5325aafollows: � � Section |5325 exempts transfers of ownership interests in land in order Uz � preserve existing natural conditions and historical resources. This exemption includes the ^`uoquisition, so|e, or other transfer<oallow restoration of natural conditions, including plant uranimal habi(u|s." ' � � � � � � ' . K'07-33 Page TERMS AND CONDITIONS As part u[the proposed grant o[Easement and License, SC\/WD has agreed to the following key provisions: |. All SCVWDcmp|oyeos and contractors uhu|| comply with the terms of\ho Easement. 2. SCVu/D shall provide the District with u work schedule for the project impvo*cmcntaund notification of maintenance and sampling activities. 3. SCVYVD shall ensure that sediments removed are mnunuucJ as hazardous waste u1no cost k/the District. 4. 8CYWDsha|| restore any creek bank alteration k/ prevent erosion and sedimentation. 5. 8C\/VVD shall provide the District with copies ofall reports concerning the pr uci. 6. SCVV9Dmhu|| maintain Commercial (]cncna| Liability Insurance iu the amount of$2.0U0,OOU naming tile District as ail additional insured. 7. SCVluD mhu|| fully oMdhu&c all credits tothe District if the project results in any credits in the Regional Water Quality Control 8oard`sTK4D[ process. 8. SCVVVD ahu|| provide these rights tothe Water District ut no cost because mf the benefit tmthe fisheries in Guadalupe Creek. Staff strongly supports tile O-Grumed channel ncxUe,u1inn project to improve fish passage through this section o[the Guadalupe Creek, and is su|iaOcJ that the proposed easement will protect tile riparian corridor and protect the District from any liability from potential hazardous waste discharge ocau|dn8 � from this pr cc/. Prepared by: � � Kirk icningk`n, Resource Planner � Mike Williams, Flcu| Property Manager � Duncan Simmons, Assistant General Counsel Contact Person: Mike Williams � � � � � � � � � � RESOLUTION NO. 07- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE PRESIDENT OR APPROPRIATE OFFICER TO EXECUTE THE GRANT OF AN EASEMENT AND LICENSE TO SANTA CLARA VALLEY WATER DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALI, OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE— SANTA CLARA VALLEY WATER DISTRICT) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Grant of Easement and License between Santa Clara Valley Water district and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof. Section 'Two. The General Manager or the President of the Board of Directors or other appropriate officer is authorized to execute the Easement granting real property interests being conveyed by the District. Section Three. The General Manager of the District or the General Manager's designee is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Four. The Board of Directors finds that the granting of this real property interest is in accordance with the Basic Policy of the District and is not detrimental to the open space character, of the Sierra Azul Open Space preserve, and will further the purposes of the District. F/A 0 V,OIM� Now, SWIM poll. a ` Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-30 Meeting 07-05 February 28, 2007 I AGENDA ITEM 4 AGENDA ITEM Review and Approve Initial Succession Planning Process for General Manager AD HOC BOARD APPOINTEE EVALUATION COMMITTE RECOMMENDATION Approve Initial Succession Planning Process for General Manager and Direct Ad Hoc Board Appointee Evaluation Committee to Undertake Steps I and 2 of the Process DISCUSSION After a long, successful and stable period of serving as the District's General Manager, Craig Britton's current plans are that he will be retiring from District employment after Calendar Year 2007. He wants to insure that the District Board of Directors has ample time this year to develop a well-thoughtout, organized and comprehensive succession plan. At the Board's January 24, 2007 meeting, you assigned the task of developing and recommending a succession plan to the Ad Hoc Board Appointee Evaluation Committee and asked the Committee to report back to the Board. The Committe e g has met with the General Manager and General Counsel and developed a recommended initial approach to succession planning. Having a specific, well-coordinated succession plan and a workable timetable will enable the Board to develop a successful cessful recruitment process that all of the Board of Directors can agree upon. The full Board will make all significant decisions on the major steps of the nature and scope of the recruitment and selection process. It will select the executive search firm, define what characteristics the Board is seeking in its General Manager to best fit the District's needs, interview the final candidates, select the finalist, and approve the employment agreement and compensation package. The Ad Hoc Committee sees its role as administrative: the Board's representative in working with the executive search firm on the steps necessary to develop a fully-defined recruitment plan, timeline and process for full Board approval. That plan will include developing all steps of the process including: defining the desirable candidate criteria, the outreach and advertising process, R-07-30 Page 2 the timetable, application review and screening process, determining appropriate involvement of staff, recommending a group of finalists for full Board interviews, reference and background checks, and setting and negotiating compensation parameters and an employment agreement. The Ad Hoc Committee recommends the Board approve the following initial succession plan. Once an executive search firm has been retained by the Board, the Ad Hoc Committee will review this initial plan with the selected firm and return to the Board for further Board guidance and approval to take the next steps in the process and refine this initial plan as the Board directs. Initial Succession Plan 1. General Manager Job Description and District Information: The Ad Hoc Committee will review the present General Manager's job description and satisfy itself that it remains sufficiently current to provide to potential search firms. The Committee will assemble key District documents including budget, organization chart, pertinent policies, enabling legislation, and a potential compensation and benefit range, to provide to such firms. 2. Interview and Recommend an Executive Search Firm for Board Approval: The Committee will work with staff to identify qualified search firms, and to send pertinent District information to such firms together with an invitation for proposals and expected services. The Committee will interview responsive search firms and return to the Board for its approval of a recommended consultant from among the top three finalists. It is anticipated that the Committee will then work with the consultant and return to the Board with a proposed search and selection process and timeline for Board discussion, review and approval. The Ad Hoc Committee requests that the Board review and approve this initial plan and authorize the Committee to undertake steps I and 2 of the plan and return to the Board when completed. As a result, the Board will have ample time to undertake and deliberate upon an optimum-succession plan in 2007. Prepared by: Ad Hoc Board Appointee Evaluation Committee Directors Hanko, Siemens and Cyr Contact person: Jed Cyr, Chair Regional Open Space ,J 11111plid! MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-36 Meeting 07-05 February 28, 2007 AGENDA ITEM 5 AGENDA ITEM Approve retaining Godbe Research to perform a District Public,Opinion Survey including Follow-up Focus Groups GENERAL MANAGER'S RECOMNIMSVATION Authorize the General Manager to Retain Godbe Research to Conduct a Public Opinion Survey and Follow-up Focus Groups and Execute a Contract for Such Services in an amount not to exceed $48,110, in a form Subject to Approval by General Counsel. DISCUSSION The District has conducted general representative polls of its constituents including one in 1993 and one in 1998. Because almost 10 years has elapsed since the last survey, the District would benefit from conducting a new poll to capture constituents' opinions on a variety of subjects, as significant changes have happened since then. Most important among these are the approval of the District's Coastside Protection Program,which expanded the District's jurisdictional boundary to the San Mateo County coast, and the District's increased focus on managing its land and related resources, while trying to balance demands made on these resources by a variety of different user groups. The proposal for this survey came out of the resource management panel presentation and subsequent Board discussion about the public's opinion on various possible District resource management initiatives. The survey would provide information on the level of constituents' familiarity with the District and their opinions of the District and it's programs. This poll also seeks to obtain a quantitative, objective evaluation of public opinions and priorities on a variety of critical subjects, including constituents' knowledge relating to the management of open space lands. In addition, the poll would measure the importance people attribute to preserving natural areas and how the public uses open space preserves, including their recreational behavior and desires. Constituents' opinions on open space land purchases, their familiarity with resource management terminology and practices, including protecting endangered species and fighting invasive plant and animal species, and their opinions on a potential future funding measure would also be surveyed. Research would also provide qualitative information by developing three focus groups of 8-10 people each who will be selected from the pool of residents surveyed. These focus groups, which will be facilitated by the contractor and last from 90 minutes to 105 minutes, are useful for uncovering the attitudes and values that underlie people's opinions about resource management. In this way, the focus groups will provide more detailed qualitative information that cannot be captured by the quantitative survey. R-07-36 Page 2 this way, the focus groups will provide more detailed qualitative information that cannot be captured by the quantitative survey. Information gleaned from the survey and focus groups would be used to help guide public outreach as well as the use of District resources. Six firms responded to a District RFP and Godbe Research was found to be the firm that proposed an approach best suited to the District's needs. If approved, staff will work with Godbe to create survey questions for each 12-18 minute interview as well as the focus group questions. Up to eight percent of the interviews will be conducted in Spanish. In addition, staff and Godbe Research will work on a discussion guide for the focus groups and Godbe will also prepare an analysis of the data and a final report, followed by an oral presentation. The Board's Legislative, Funding, and Public Affairs Standing Committee would be consulted on the proposed questions of the survey. Staff requests the Board's authority to expend $48,110 to retain Godbe Research to design and carry out this survey and three focus groups, and to authorize the General Manager to execute a contract for such services in a form subject to approval by the General Counsel. The current 2006/2007 fiscal year budget includes $50,000 to conduct this opinion poll. Prepared by: Rudy Jurgensen, Public Affairs Manager Contact Person: Craig Britton, General Manager Regional Open Space M|DPEy4|NSULA REGIONAL OPEN SPACE DISTRICT R-07-37 MechngU7-O5 February 28, 2U07 ��l��U�� X77|�� ~"��^��^�� ITEM ~" AG0NDADTEM Approval of the Settlement Agreement and Mutual General Release ill the Matter of}'ogarty v. Mid6ex/osx/o Regional Onux3boueI)iy/rktand related [,omn-Cnmp|uini; Approval of Addition of the Fogarty Property(San Mateo County Assessor's Parcel Number 0$0-260-050) to Coal Creek Open Space Preserve; and Approval u[Settlement o[Title Insurance Policy Claim FirstnTidc Company GENERAL, MANAGER'S R000MM0NDAT-IONS l. Determine that the vccnnmxnendod actions are categorically exempt front the California � Environmental ()uu|ih/ Act(CE()A) aa set out in this Report. 2. Adopt the attached Resolution approving and ratifying the Settlement Agreement and Mutual General Release; authorizing the purchase ofthe Fogarty property as an addition to the Coal Creek ()pen Space Preserve; and authorizing the General Manager\m execute u Settlement Agreement with Fiot American Title Company resolving the title insurance claim submitted in this matter, inu [orm subject to approval by the General Counsel. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this Report, inc|udinQnuming the property aaall addition to Coal Creek Open Space Preserve. � 4. Indicate your intention |n dedicate the property om public open space. � INTRODUCTION The Settlement Agreements before the Board tonight arise Out of pending litigation entitled Fogaqy x J/0LlY/} Sam j6x/ooCoxn(;Superior Court No. (JV 44/V345 and the District's cross-complaint ill the matter. ]it September 2004, the District was stied by Thomas Fogarty and Angela MacFarlane, owners of property adjacent to the Coal Creek Open Space Preserve. (The plaintiffs and owners of the property that � is the eu6iec1o[ihia report will be collectively referred to as "Fogarty.") Tile matter two � � � issues: First, the parties' disagreement about Fogarty's claim to a deeded easement over Preserve lands � that, if valid, would have permitted him to construct all improved road on the Preserve, and, second, the � parties' disagreement about whether such a road would be allowed under a conservation easernent the District holds over a portion o[Fogouy`yproperty. The District tendered defense of this matter ho its title insurer, First American Ti||e Company (°FAT(�") � The title company agreed to provide a defense toPogurty`acomplaint. However, the title company did � not have all obligation to protect tile public's rights under the provisions of the conservation casement. As a result, the District retained litigation counsel to file uuroya-oonnp|uint in the lawsuit seeking 10 prevent a violation of the conservation easernent by construction of such all improved road. This litigation was been active since 2004. & mediation session was held oil May 26, 2085 and was unsuccessful despite tile best efforts o[tile District toreach u mutually acceptable settlement in the � � . k-07-37 Page ' matter, The case proceeded through discovery and trial preparation phases. Trial was set for February 20, 2007. Counsel for the District explored a variety of settlement proposals during this period. The parties have finally reached a Settlement Agreement that the General Counsel and General Manager are recommending for approval tonight. � In addition, um a n:ou|i o[Fo�u�� filing o lawsuit o�uina/the District, the District submitted a claim 0o its - , � ddc insurer, FATC, for coverage undcr its title policy and uduirn for certain litigation costs. The ddc � company disputed its responsibility for cos$� io order resolve all disputes r�u�rdin8d�c � . � � � DiyUict`oduimuQmmstits policy in this matter, F&TC has agreed to contribute the sunuof$55,OOUk` the District in order to accomplish the settlement before You tonight. In return, the District will nc|euuc FA]C hom any further claims regarding this matter. |foppn`vod, these settlement agreements will vuao|vc all outstanding issues concerning these matters, and both the District and the plaintiffs will dismiss their litigation. The settlement will have achieved the District's goals o[protection of the public's property rights, will vcyu|t in u valuable addition toCoal Creek Open Space Preserve by purchasing an adjacent parcel in fee, and will protect the remaining land u| issue from future development. | � PRINCIPAL TERMS AND CONDUrIONS OF THE SETTLEMENT AGREEMENT WITH FOGART1/ |. The District will purchase the 5.07-acre Fogarty property(identified as the "Fee Property"on Exhibit A attached hereto)atu purchase price of$4O0`000. The purchase ia oil u bargain sale basis with the remainder ofthe fair market vn|ue, determined by Fogarty tobc $|,|00,OOO, to be donated as u charitable contribution to either the District or to P(}sT at FoOuoy`adiscrcdon. � 2 Fogarty will grant on enforceable deed restriction to District remaining | 22-acvc � � � Deed Restriction Property(identified oil Exhibit A) prohibiting any future development or improvement o[tile property yo that it remains in its Current condition. 3. The parties will co|iabunUc on m lot line adjustment to revert the |co line between the Deed Restriction Property and the Residential Property(identified on Exhibit A)back to its original configuration as one parcel, all costs of this process to be borne by tile District. | 4. Fogarty will quitclaim and release any claims to tile easement in dispute in the litigation. 5. In the event the District were to build u public trail oil the Fee Property, the location will he � � within the trail corridor identified in the Settlement Agreement and the District will confer with � Fogarty regarding the trail location to minimize impacts oil the RcoiJcnhu| Property. � 6. The District will grant a Neighbor Permit to the current owner of the residential property for � pedestrian use ofthe Fee Property unless the area is closed for environmental, resource � monugcnnon|, or safety reasons. Dogs oil leash will only be allowed on thc suonctcnnm as those � applicable to1hc9 encra| public. � 7. The District and Fogarty will dismiss their respective complaint and cross-complaint, and be i responsible for all their own respective costs o[litigation. | �� _ � . . R-07-37 Page TERMS AND CONDITIONS OF THE SETTLEMENT AGREEMENT WITH FATC |ncnzhangefbrthesumo[$55,00U, thc0mzictwiUoo8|ei(yc|aimfoxcovcrugeond6mrrc|nted |idgution costs incurred as a result of the Fogarty litigation and submitted to FATC under the District's title policy. This scU|cmcn1 is specific to the claim pertaining to tile Fogarty litigation. The title policy will otherwise remain in full force and effect in the event o[o future, unrelated claim against the District's title for whichF/\TChasprovidcddUcinuuruncc. /\nyduimmoguinm| FATCfbrouvcrugeorcostspcduiningx/ the muKcn raised in this lawsuit will be fully ecU|cd and the District will nc|camc F/\TC from any liability related to such matters. DESCRIPTION(see attached mup, Exhibit A) The Fee Property interest being purchased as part of the Settlement Agreement consists of 5.07 acres, Which IS Subject tnuconservation easement conveyed by Peninsula Open Space Trust(PDST)tothe District in October 2U04 (see report Q-O4-|0|). Tile casement was obtained by POST to preserve the property and to create all open space bLlt'fCl-when the District acquired the lands of Rose(Report R-82- 27)and established Coal Creek Open Space Preserve in 1982. Since that time the property has remained undeveloped upon space, and important a* a buffer between the open apuoo land and an mJiaconL improved parcel for preserving the natural resources, and for protecting the vicwshed from adjacent � public lands. With purchase o[the Fee Property interest, the casement will merge as part ufthe District's � ownership. The property is located on u north-facing slope o[the Santa Cruz Mountains within the Skyline � Boulevard Scenic Corridor. The property io directly adjacent om Crazy Potc`s Road, which ia part ofthe � Vu||cy View Trail corridor and is one o[tile primary public access routes to the more remote portions u[ Coal Creek Open Space Preserve. The property serves uaunnpcn'upacc buffer zone that masks the uJiuccn1developed Rcyidoo|iu) Property totile north hnm Coal Crock Open Space Preserve and the Skyline Boulevard Scenic Corridor that includes section ufthe Bay Area Ridge Trail. The residential property iy adjacent to the northwca\er|y boundary of tile property. The property iy surrounded onthree sides by Coal Creek Open Space Preserve and im also visible from Russian Ridge Open Space Preserve to the west. � Tile property io primarily undisturbed woodland, which provides habitat for a variety mfwildlife. Four � distinct plant communities are found in the Fee Property area. Mature coast live oak and canyon live oak � trees dominate the oak woodland area, including several very large, apparently old growth trees. /\ � � mixed � � � � the northwest corner. & row o[non-native shore Pines grows along the southern side u[the property, � while small patches of grassland habitat are found in tile middle area and in the southeast corner. � Ilistorically, the property was grazed by cattle and used for harvesting firewood. The property drains � northwesterly toform a tributary inCoal Creek. � � Improvements on ihe Fee Property are limited, and include u water pipeline, u power line, fence lines and | u capped well. The water pipeline runs from a deeded spring water system located to the west on the � Pvcscrve and serves the Residential Property. USE AND MANAGEMENT � Planning Considerations � '['lie property is located within all Lill incorporated area of San Mateo County and zoned Resource � Munagemen( (RK1), allowing single vcaidcn(iu| development unit per 5- to40-aurc parcel. The District- held conservation casement already prohibits additional structures oil the 5.07-ucnc Fee Property. The � � � . ' ' R'07-37 Page 122-morc Deed Restriction Property, created by prior lot line udiuetocmL could have been approved for u aepun/ho residential site, however tile |u| line adjustment and deed restriction will c|ixuinu{e this possibility. The Sc0|exneni Agreement provides that any future trail shall be located in odcmignutod corridor along tile Fee Property's western edge. A house, a cabin, and a barn are located on the adjacent private Residential Property. Access t* tile Residential Property ia from Crazy Pcto`a Road, on unaur[aucd roadway that is also used om part o[tile Preserve's trail system. PRELIMINARY USE AND MANAGEMENT PLAN Tile Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Plan ie amended mraComprehensive Master Plan wr Use and Management Plan iaprepared. The Fee Property will be maintained in uno|urn| condition with no changes in land use. No additional tn/i)x or improvements are currently planned for the property. If changes in land use or improvements are proposed in the Gutunc, the plan would be subject to further public input and environmental review. No future dcvelopment or improvement ofthc Deed Restriction Property will occur. The owner nfthis � � property will continue to use tile property consistent with the purpose ofthe Deed Restriction. � � Public Access: Closed |o public recreational access, except that portion nF Crazy Puio`m Road that cuncu||y has public trail a000mm. However, the current owner of the adjacent Residential Property will be issued u neighborhood permit allowing pedestrian use oil the Fee Property being purchased 6vthe District. Pu{n`|: Routinely patrol the property. / � Signs: Install closed area and preserve boundary signs where appropriate. � � � Dedication: Indicate your intention W dedicate tile Fee Property as public open space. � Name: Nume the Fee Property umun addition om Coal Creek Open Space Preserve. � � Site Safety Inspection: An initial site safety inspection has been conducted and no site safety problems � were identified. Periodically monitor the integrity o[the capped vve||hcud, water pipeline, and power|inc. CEQA COMPLIANCE � ' | Project Description � The project consistso[depunzhmeuo[u5.07-ucrcpn`pertymmunaddibonk` dheCoo| CreukOpcnSpace Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, tile property will be included in the Master Plan or Comprehensive Use and Management � Plan for tile Coal Creek Open Space preserve. The land acquired in fee will be ponnunuot|y preserved as � open space and maintained in a natural cmnditinn. The project also includes the grant in favor ofthe � District wfadeed restriction over the 1.22-ucrc Deed Restriction Property uwthat it remains in its Current � condition with no further development orimprovement. & lot line adjustment will revert the lot line bc|vvccn the |.Z-ucvc area and the adjacent private Residential Property back to its original configuration � us ail approximately 5.66-ocrcparcel. � � � CEQA Demcrmutmmtiwm 'File District concludes that this project vvi|| no/ huvemsignifiumn\ effectonthecnvin`nmcnt. It is � � categorically exempt from CEQA (California Environmental Quality Act) Linder Sections 15305, 15316, 15317 |�32� und {506\ of�hcCGV/\ Guido|incsumfb||mwm� � , , � Section 15305 exempts rninor alterations in land use limitations in areas with an average slope of less | than 20 pcnzon<, which do not ocyuk in any changes in land use or density, including but not limited to � � ' R-07-37 Page minor lot line adjustments not resulting in the creation of any new parcel. The deed restriction and lot line adjustment are over land not in excess of 20-percent slope and will not result in the creation of a new parcel or all increase in density. Section 153 16 exempts the acquisition Of land in order to create parks if the site is in a natural condition and tile management plan proposes to keep tile area inu natural condition. The Preliminary Use and Management Plan specifies that tile Fee Property will not be developed and will remain ill a natural condition. The property is in a natural condition and its acquisition qualities under this exemption. The creation of all enforceable deed restriction in favor of the District will insure that the Deed Restriction Property remain in its current undeveloped condition. � Section 153 17 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest in the [cc Property and maintain the open space character of � tile area. No new development is proposed om part of this project. � � Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This � acquisition will transfer fee ownership of tile Fee Property to the District and ensure it will be preserved � � as public open space by incorporating it into tile Coal Creek Open Space Preserve. The creation of an � � enforceable deed restriction will also preserve the existing condition of tile Deed Restriction Property. � This acquisition qualities under four sections. The actions proposed in thc Preliminary Use and Management Plan are also exempt under section |5O6|, uu there iuno possibility tile actions may have a � significant effect oil the environment. TERMS AND CONDITIONS � /\s part o[the Settlement Agreement discussed above, the 5.07'uovcFee Property and the 1.22-uurcDeed � � Restriction Property are being purchased oiu price uf$40000O. With the purchase nf this property, the � District-held conservation easement over the 5.07-oure Pcc Property will merge with the District's fee ownership of the property, and no longer huineffect. |n addition, Fogarty will quitclaim all interest inu � � proposed forty-foot casement across tile Fee Property and the adjacent Coal Creek Open Space Preserve lands. & deed restriction will be granted over the 122-ocn: undeveloped portion of the /\diooun/ Residential Property. The Deed Restriction Property will include conditions similar toatypical conservation casement. The seller states tile fair market value of the conveyances to the District in this � transaction is $1,500,000, and the seller is conveying the balance of the purchase price as a charitable � contribution either k/the District or POST. The District and Fogarty will cooperate in u process u/ � � reverse the lot line adjustment application approved bv San Mateo County in 1991. This process will � reconDgunc |hc [cc Property being acquired by the District to its original configuration uiapproximately 5.07 acres and tile adjacent Residential Property will be reconfigured to its original configuration of � approximately 5.67 uunuy, which will include ihc 1.22-ucrc Deed Restriction Property. The District will � bear the cost o[the lot line adjustment u1u cost estimate not iuexceed $5,000. This cost was included ill (he $55,00O Settlement Agreement with [ATC. � � B0DGETCONS8DERATUONS � Fiscal Year 2OO6-2007 Budget for New Land Purchases: Land Purchased This Year $ (18,923,474)New Land $ 19,755,120 Fogarty Property (400,000) New Land Purchase 13949qieTa�--- 431,646 Re flects � ` Mid-&ur BmIget J / � � ` N'07-37 Page Controller M. Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding tile Subject property have been mailed written notices o[this proposed purchase. Prepared by: Susan M. 8choc{mun, General Counsel Sandra Sommer, Senior Real Property Planner Michael C. Williams, Real Property Manager � Map prepared by: Erica Simmons, MnnningTcuhniciun Contact: SuaunN4. Sohec\mum^ General Counsel � � � � � �� RESOLUTION NO. 07- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING APPROVAL,AND RATIFYING THE SF,TTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE IN FOGARTY V. MROSD; AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE 01 GRANT DI-ED AND QUITCLAIM DEED TO DISTRICT; AUTHORIZING GENERAL MANAGER TO EXECUTE SETTLEMENT AGREEMENT WITH FIRST AMERICAN TITLE COMPANY REGARDING CLAIM NO. SM0369 AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (COAL CREEK OPEN SPACE PRESERVE-LANDS OF FOGARTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and ratify the Settlement Agreement and Mutual General Release between Thomas J. Fogarty, K. Angela MacFarlane, and Brian Beckey and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by this reference made a part hereof, and authorizes the General Manager or appropriate officers to execute the Agreement oil behalf ol'the District. Section Two. The President of the Board of Directors oi-other appropriate officer or the General Manager is authorized to execute appropriate Certificates of Acceptance for the Deeds described in the Settlement Agreement on behall'of the District. Section Three. The General Manager is authorized to execute a Settlement Agreement with First American Title Company to resolve and release the claims submitted by the District under Title Policy Number SM-283 197, Claim Number SM0369, relating to the matters at issue in Fogarty v. Alkll,)eninsuhi Regional Open Space District and the related Cross-Complaint, Case. No. CIV441934 in exchange for receipt of the sum of Fifty-Five Thousand Dollars($55,000.00). The form of the Settlement Agreement is subject to approval by the General Counsel. Section Four. The General Manager or his designee is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction and implementation of the Settlement Agreement and Mutual General Release. Section Five. The General Manager of the District is authorized to expend up to $10,000.00 to cover the cost of title insurance, lot line adjustment or parcel reconfiguration, escrow fees and other miscellaneous costs related to this transaction. Section Six. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreements and documents which do not involve any material change to any term of the Agreements or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Seven. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$400,000 from the proceeds of the next long-term District note or bond issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes ofestablishing compliance with the requirements of Section 1.103-18 of tile Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. Fogarty Settlement and Addition to Coal Creek OSP Deed Restriction Property 1.22 acres Residential Property Fee Property i _ :- ' 5.07 acres , e a ��m N d E +f� o c � v m Meadow ail a Coal Creek` r a :........;Open Space l� t d ......Pres 6 rve 0 Russian Ridge _,._ 1 Monte Bello Open Space Preserve - OSP Exhibit A 0.10.05 0 0.1 Miles Prepared by Midpeninsula Regional Open Space District, February 2007 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE This SETTLEMENT AGREEMENT AND THIS MUTUAL GENERAL RELEASE is entered into this 16th day of February, 2007, by and between THOMAS J. FOGARTY, and K. ANGELA MacFARLANE, and BRIAN BECKEY (hereinafter jointly referred to as "FOGARTY") and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (hereinafter referred to as "MROSD"). WHEREAS, a dispute has arisen and THOMAS J. FOGARTY and K. ANGELA MacFARLANE have filed an action against MROSD in the Superior Court of the State of California, County of San Mateo, entitled THOMAS J. FOGARTY et al v. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, and MROSD has filed a Cross-Complaint against i THOMAS J. FOGARTY and K. ANGELA MacFARLANE, all part of Action Number CIV 441934 (hereinafter the "Action"); WHEREAS, since the litigation commenced K. ANGELA MacFARLANE has conveyed an interest in the property to BRIAN BECKEY; WHEREAS, the parties hereto desire to settle the whole of their differences and i release each other from any and all claims arising out of or in connection with the matters alleged in the Action; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. GRANT DEEDS AND CONSIDERATION. A. Conveyance of Land to MROSD. FOGARTY shall convey fee title to MROSD to all of the land described as Parcel "B" on that certain Parcel Map recorded August 17, 1979, Book 47 of Parcel Maps pages 77-78, 1.15_NW 7 0063 2 1 03_1 (4)_ 1 i i San Mateo County Official Records. The parties acknowledge that Parcel "B" was the subject of a Lot Line Adjustment that includes the northwesterly portion of Parcel "C" shown on said Parcel Map. By conveyance of fee title to MROSD in accordance with the terms and provisions of the Subdivision Map Act and the ordinances of the County of San Mateo, the parties shall cause a lot line adjustment to revert the lot line for Parcel "C" to the locations and dimensions shown at Book 47 of Parcel Maps, page 78, San Mateo County Official Records. MROSD shall bear the obligation and cost of processing the lot line adjustment with the County of San Mateo. B. Quitclaim of Easement. FOGARTY shall quitclaim all right, title and interest in and to the "Proposed 40' Road Easement to benefit PCL C" shown over portions of parcels "A" and "B" at Book 47 of Parcel Maps, page 78, San Mateo County Official Records. MROSD shall prepare said quitclaim deed. C. Development Restriction. FOGARTY shall grant an enforceable development restriction to MROSD over the northwesterly portion of parcel C that is be the subject of the lot line adjustment described hereinabove. Said area is also described in the second and third paragraphs of the section entitled "Parcel 1" on Exhibit A of that certain Grant Deed recorded September 19, 2001, Document 2001-146839, San Mateo County Official Records. The development restriction shall provide that FOGARTY may use and maintain the existing building and pond but shall not further develop or improve said property. The development restriction shall be in a form that shall run with the land, bind FOGARTY's successors in title, and be enforceable pursuant to Civil Code section 1468. The development restriction shall extinguish all density credits from the County of San Mateo for the area described in said development restriction. MROSD shall provide the initial draft of the development restriction to FOGARTY. US_NW_700632103_1 (4)_ 2 D. Restriction on Trail Location. MROSD shall have the right to construct a trail on Parcel "B", but the location of such trail shall be limited to a corridor along the southwesterly portion of Parcel "B", adjacent to the common boundary line between Parcel "A" and Parcel "B", as follows: Beginning at the southerly corner of Parcel "B" and extending along the common boundary line between Parcels "A" and "B" for a distance of 200 feet, the corridor for said trail shall extend to 100 feet of the I common boundary line between Parcels "A" and "B". From that point 200 feet northwesterly from the southerly corner of Parcel "B," to the westerly corner of Parcel "B", the corridor trail shall be placed within a corridor which shall be within 50 feet of the common boundary line between parcel "A" and parcel "B". MROSD shall confer with FOGARTY on the trail location and consider comments by FOGARTY on trail location to minimize any views from the trail of I i the FOGARTY residence. E. Neighbor Permit to MACFARLANE and BECKEY. MROSD shall issue a Neighbor Permit to MacFARLANE and BECKEY to allow them pedestrian use of Parcel B on the terms provided in this paragraph 1 E. The Neighbor Permit will allow pedestrian use only, with dogs on leash on the same terms as the general public, but no bicycle or equestrian use, and allows closure for fire danger, safety and environmental reasons. F. Consideration, Donation to MROSD or POST, Payment to Fogarty. The value for the real property conveyances from FOGARTY described herein is determined to be a total of ONE MILLION FIVE HUNDRED THOUSAND AND 00/100THS DOLLARS ($1,500,000.00). FOGARTY hereby irrevocably makes a donation regarding said conveyances, to be made to MROSD or Peninsula Open Space Trust at FOGARTY's election, to W I 1 4 3 N 700632 03 us t be exercised in FOGARTY,s sole discretion, in the amount of ONE MILLION ONE HUNDRED THOUSAND AND 00/100THS DOLLARS ($1,100,000.00). Through an escrow to be held at First American Title Company, or other escrowholder acceptable to the parties, MROSD shall pay to FOGARTY the total sum of FOUR HUNDRED THOUSAND AND 00/100THS DOLLARS ($400,000.00). Said funds will be paid upon delivery of the grand deed, quitclaim deed, and development restriction described in paragraphs IA, 113, and 1C. MROSD makes no representation or warranty to FOGARTY concerning the tax consequences of this transaction and FOGARTY conclusively agrees to exclusively rely on his own tax advisors for advice on all tax consequences related hereto. The tax effect or deductibility of this transaction by FOGARTY shall not be a condition to this Agreement and this Agreement shall be binding upon the parties regardless of the tax effects thereof. G. Dates for Performance. MROSD shall submit the grant deed and quitclaim Deed to FOGARTY and FOGARTY shall fully execute the same, have the instruments fully acknowledged, and return said instruments in recordable form to MROSD within thirty (30) days of the date first above written. 2. MUTUAL RELEASE. FOGARTY and MROSD hereby release, acquit, and forever discharge the other, his, her and its successors, assignees, agents, servants, employees, heirs, administrators,trustees, attorneys, title insurers, and executors, of and from any and all actions, causes of action, claims, demands, damages, costs, loss of service, expenses and debts whatsoever, in law and in equity, which they have, have had, or which they or their successors, assignees, agents, servants, employees, heirs, administrators, trustees, attorneys, and executors, hereinafter can, shall or may have against said above-named parties on account of or in any way growing out of any matter or US_NW 700632103_1 (4)_ 4 r r thing which has happened, developed or occurred in the past, present or future, whether known or unknown, suspected or unsuspected, which are in any way connected with, based upon, related to or arising out of the matters alleged in the Action, including all pleadings filed in the Action, including any facts alleged in any prior or subsequent pleadings or any facts arising out of any discovery in the Action. The release by FOGARTY shall include claims, if any, based on any acts or omission of MROSD's, title insurer, First American Title Insurance Company, and its affiliate, First American Title Company, related to the Action. The release by MROSD shall include claims, if any, based on acts or omissions of FOGARTY'S title insurer, Old Republic Title Insurance Company, related to the Action. 3. DISMISSALS. The parties shall dismiss their respective complaint and cross-complaint, if any, against each other with prejudice, each party to bear its own attorneys' fees and costs. FOGARTY and MROSD agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, in any lawsuit, action or other proceeding against the other whether brought by themselves or by others on their behalf based on or arising out of any of the matters, things or facts described or included in the action. 4. AUTHORITY. FOGARTY and MROSD agree that all parties hereto, and each of them, represent and warrant that each has the right, power, and authority to execute this Agreement, and further represent and warrant that they, and each of them, have the exclusive right to prosecute and compromise the matters set forth in of this Agreement and that none of them has sold, assigned, conveyed, or otherwise transferred such rights. Each person who has signed this agreement in a representative capacity hereby represents and warrants that he is duly authorized to enter into this US NW 700632103_1 (4)_ 5 t q agreement. FOGARTY and MROSD each warrant that they have not heretofore assigned, hypothecated or transferred, nor will they in the future in any manner assign or transfer or purport to assign or transfer to any entity, person, or corporation, any claim, demand, or cause of action based on or arising out of or in connection with the action. 5. INTEGRATION. FOGARTY and MROSD agree that no representation or promise not expressly contained in this Agreement has been made and further acknowledge that they are not entering into this Agreement on the basis of any promise or representation, express or implied. This Agreement contains the entire agreement between the parties hereto and the terms hereof are contractual and not a mere recital. This Agreement supersedes any prior agreements and contains the entire agreement of the parties on the matters covered. Each party hereto has fully and personally investigated the subject matters of this release and has consulted such independent counsel as required, and does not rely on any statement of fact or opinion by or of any of the parties to this general release. 6. WAIVER OF CIVIL CODE SECTION 1542. FOGARTY and MROSD agree that this settlement includes all injuries and damages to person and/or property whatsoever arising from the matters, things or facts described or included in the Action, whether such injuries and damages be known or unknown, foreseen or unforeseen, and whether they are latent or occur later. FOGARTY and MROSD agree that they have read and fully understand the statutory language of Section 1542 of the Civil Code of the State of California and, as to injuries and damages related to the Action, expressly and specifically waive all rights under said Statute, which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the US_NW_700632103_I (4)_ 6 release, which if known by him must have materially affected his settlement with the debtor. 7. FULL SETTLEMENT. FOGARTY and MROSD agree that this Agreement expresses a full, final, and complete settlement of all of the claims of each party has against the other and shall not be deemed or treated as an admission of liability or responsibility by the undersigned or anyone for any events, activities, acts or omissions. Neither shall this Agreement be deemed to be evidence of the existence, nature or amount of damages alleged by any party hereto, as all payments made hereunder are in compromise only, and to avoid litigation. 8. ATTORNEYS FEES. FOGARTY and MROSD agree that the prevailing party in any action or proceeding henceforth between the parties in regards to any action to enforce this Agreement shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which they may be entitled. 9. CONSTRUCTION. FOGARTY and MROSD agree that each of the parties hereto and their counsel have reviewed this Agreement and agree that any rule of construction to the effect that ambiguities in the interpretation of this release or any amendment or exhibits thereto, are to be t hall be governed b and 1 This Agreement s resolved against the drafting party and shall not apply. g g y construed in accordance with the laws of the State of California. This Agreement may be executed in counterparts. / N W 700632103 1 4 7 US C ) i 10. CONTINUING COURT JURISDICTION. This Agreement is entered into pursuant to Code of Civil Procedure Section 664.6 and the parties stipulate that the Court shall retain jurisdiction to enforce the terms of this Agreement until performance in full of the terms hereof. We have carefully read the foregoing release and know the contents thereof and we sign the same as our own free act. IN WITNESS WHEREOF, we have signed this Agreement as of the date first above written. CAUTION: THIS IS A RELEASE. READ BEFORE SIGNING. DO NOT SIGN IF YOU DO NOT UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BY THOMAS J. FOGARTY ITS K. ANGELA MacFARLANE BRIAN BECKEY US_NW_700632103_1 (4)_ 8 L_ Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-13 Meeting 07-05 February 28, 2007 AGENDA ITEM 7 AGENDA ITEM Annual Progress Report on the Use of Radar on District L ds for Calendar Year 21006 GENERAL MANAGER'S RECOMMEN ATIOTION Accept this informational report on the Radar Program. DISCUSSION At your Regular Meeting of December 14, 1994 you approved the program for use of radar by District rangers and directed staff to report annually on its use (see Report R-94-124). During the last twelve years rangers have used radar to continue to increase visitor awareness and to enforce the District's trail use speed limit. Radar Program Data Number of Radar Readings 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Total < 15 MPH 950 1,798 2,697 2,081 2,415 1,980 1,886 2,316 2,158 1,954 1,661 1,632 23,528 16-20 MPH 248 553 758 659 631 133 478 649 633 554 479 437 6,212 21 -25 MPH 82 149 214 136 179 133 179 184 203 216 154 164 1,993 6-30 PH MPH 16 23 25 30 16 11 19 33 21 41 20 26 281 >30 MPH 3 7 2 2 6 5 0 16 2 10 12 9 74 Total> 15 MPH 349 732 999 827 832 282 676 882 859 821 665 636 7,924 Total Beadings 1,299 2,530 3,696 2,908 3,247 2,262 2,562 3,198 3,0.17 2,775 2,326 2,268 29,820 I I R-07-13 Page 2 The data contained in the table above represents the total use of radar by District Rangers during the last eleven years. In future years the report will be limited to a 10-year window. Over the period represented,the number of equestrians recorded by radar was less than 1%of the total readings taken. None of the equestrian readings have been in excess of the District's trail use speed limit, so they were not included in the table. The chart below illustrates the percentages of speed observations averaged over the eleven year period of 1995 —2006. Average Radar Readings -by Speed Category 1995 -2006 26-30 MPH MPH 0.88% 21-25 MPH 0.23% 6.21% 16-20 MPH 19.36% <15MPH 73.32% Findings 1. The majority of bicyclists using District trails adhere to the trail use speed limit; however, 28%of the riders observed exceeded the trail use speed limit of 15 miles per hour in 2006. 2. The ratio of trail use speed limit violations over the last eleven years has remained fairly constant, between 25%to 29% of the total number of readings. 3. The radar program continues to provide opportunities for rangers to contact bicyclists and educate preserve users regarding trail use safety. I R-07-13 Page 3 CONCLUSION In 2006, staff completed 752 hours of radar service. This is an increase of 9.9% from the 684 hours completed in 2005 and continues the trend of increased hours for the last five years. A number of factors contributed to this, including hiring of more staff, and staff s follow through on Board direction that more time be spent on bicycle speed enforcement. Citations issued for speed violations decreased slightly from 47 in 2005 to 40 in 2006 Written warnings decreased from 66 issued in 2005 to 35 written in 2006. The ratio of citations issued to speed violations greater than 20 MPH decreased from 25% in 2005 to 20.1% in 2006. The following table summarizes the information for the last five years. YEAR Radar Hours Citations Warnings 2006 752 40 35 2005 684 47 66 2004 547 92 58 2003 483 50 42 2002 373 61 40 2001 289 31 52 The number of readings greater than 30 MPH decreased from 12 in 2005 to 9 in 2006. The number of readings greater than 30 MPH fluctuates by year. The highest speed recorded, based on records in the database, was 44 MPH in Monte Bello in 2005. Staff continue to analyze the radar readings taken by staff, and to track hours of radar service, as well as the citations and warnings issued. The attached chart(Appendix A) illustrates the distribution of radar readings by preserve and by speed. Staff believes that the use of radar and the speed enforcement program is an effective means of increasing public awareness about safe trail use. It is an objective method of determining a trail user's speed and increases the frequency of informational contacts. It is also staff s experience that trail use speed limits are more often observed by bicyclists when they are aware that rangers are using radar and enforcing the trail use speed limit. The percentage of speed violations is likely to be greater when radar is not being operated. Prepared by: Gordon Baillie, Management Analyst Contact Person: Same r 4 R-07-13 Page 4 2006 Radar Speed Information by Preserve Preserve Name Total#of Speed Readings <=15 16-20 21-25 26-30 31+ El Corte de Madera 253 172 5� 2� J 11.2% 68.0% 22.9% 9.1% F,l Serena 6 5J 0.3% 83.3% 16.7% Fremont Older 460 339 84 29 [ 5 20.3% 73.79/o 18.3% 6.3% 1.1% 0.7% Long Ridge 289 2 1 53 3- 12.7% 69.6% 18.3% 12.1% Monte Bello 367 236 80 40 ! 6 5 16.2% 64.3% 21.8% 10.9% 1.6% 1.4% Picchetti 5 5 � C 0.2% 00.0% Purisinta 36 1.6% 91.7% 8.3% Russian Ridge 52 47 5 2.3% 90.4% 9.6% Saratoga Gap 14 14 0.6% 00.0% Sierra Azul 96 65 21 i... 5 J 4.2% 67.7% 21.9% 5.2% 5.2% Sierra Azul- Kennedy- 91 H 18 J �2- 3 Limekiln 4.0% 74.7% 19.8% 2.2% 3.3% Skyline Ridge 4 4 . 0.2% 00.0% St. Joseph's Hill 567 420 109 36 [ 7 � 25.0% 74.1% 19.2% 5.3% 1.2% 0.2% Windy Hill 28 23 5 , j 1.2% 82.1% 17.9°% Total Number of Readings 2,268 1,632 437� 164 26 9 72.0% 19.3% 7.2% 1.1% 0.4% Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-12 Meeting 07-05 February 28, 2007 AGENDA ITEM 8 AGENDA ITEM Field Enforcement Activity for 2006 and Sixteen-Year field Activity Summary GENERAL MANAGER'S RECOMMENDATION Accept the 2006 Miscellaneous Enforcement Activity Summary and the Sixteen-Year Field Activity Summary. DISCUSSION Since April 1995, staff has given the Board written monthly reports one mergency incidents and enforcement activities on District land. At the end of each year you have been given a summary for that year as well as a comparison with previous years. Two summaries are presented for your review: the 2006 Miscellaneous Enforcement Activity Summary (Appendix A), and the Sixteen-Year Field Activity Summary (Appendix B), with highlights represented in graph form (Appendices C and D). The Miscellaneous Enforcement Activity Summary (Appendix A) lists, in chronological order for the past year, contacts made or reports taken by staff of potentially serious, violent, or other criminal activity on or near District land. This is not a comprehensive list of incidents but reflects incidents of special interest or concern. Events which posed special concern for ranger safety, or which were unusual in nature are included. The sixteen-Year Field Activity Summary includes violations of District Land Use Regulations, emergency responses, criminal activity,, and mutual aid incidents. Only contacts that resulted in some form of written record, such as a District incident report, written warning, citation, or mutual aid assistance report, have been included in these summaries. General assistance to preserve visitors, informational contacts, and verbal warnings have not been included. Trends and Issues The total number of noted violations of District ordinances was 1,734 this year. This is an 8.4% increase from the 2005 total of 1,600. Parking, and Parking After Hours violations constituted 582 instances of the recorded District violations. When parking violations are removed, the number of noted violations R-07-12 Page 2 of District Ordinances increased slightly(approximately 3%), from 1,114 in 2005 to 1,152 in 2006. Parking at Rancho San Antonio continues to be an area of focus and attention. Recorded bicycle violations rose from 319 in 2005 to 361 in 2006 (an increase of 13% - see chart below). Bicycles in closed areas are the main component of the increase, while bicycle night riding and bicycle speed violations decreased. The trends reflect staff s continued implementation of Board direction for increased radar hours. The number of closed area violations tends to vary according to the weather, since trails are not generally closed during dry periods. 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 A. VIOLATIONS LBike-closed area 120 172 197 154 125 149 112 101 112 99 62 60 63 89 58 94 2.Bike-speed 43 1011 149 1121 85 68 64 82 1011 93 1461 1131 92 3.Bike-helmet 203 255 287 2631 92 1481 128 159 135 152 1871 124 157 4 Bike-night riding 44 17 29 3 39 5 25 13 24 18 Totalal Biade Violationg 120 172 481 585 531 295 357 294 342 301 333 435 319 361 The total recorded number of acts of recorded vandalism dropped from a high of 107 in 2000 to a low of 44 in 2004. In 2006 there were 53 incidents of vandalism, which is down from the 83 acts recorded in 2005. The total varies by year and no specific pattern has been identified for this problem. Staff continues to monitor the vandalism problem, and to install more vandal resistant infrastructure. The number of accidents experienced by all user groups remained very similar to last year. Appendix D provides graphical information on accident trends for different user groups. Overall the number of violations has steadily increased over the last 16 years (see Appendix Q, although there was a slight decrease for 2005. During this time period the number of users,the number of acres managed by the District, and the number of staff have also increased. Staff will continue to focus on areas of special concern, including illegal trail construction, especially in the Skyline preserves, and auto burglaries. In future reports the activities will be limited to a 10-year window. Prepared by: Gordon C. Baillie, Management Analyst Contact Person: John A. Maciel, Operations Manager R-07-12 Page 3 2006 Miscellaneous Enforcement Activities APPENDIX A KEY SCSO Santa Clara Sheriffs Office OS Off District lands CDF CA Dept. Forestry SMSO San Mateo Sheriffs Office CHP CA Highway Patrol F&G CA Fish& Game LGPD Los Gatos Police EPAPD East Palo Alto Police Dept. CAMP Campaign Against Marijuana Production UNET Unified Narcotics Enforcement Team Date Nature of Incident Outcome #of #of Other Rangers Law Present Enforcement Present January 19 A possible child endangerment The individual was contacted by a incident occurred when a paid child ranger and was uncooperative and care provider had five children in refused to identify herself. SCSO was the Thomewood preserve and provided with information regarding the 1 2 allowed a 4-year old and a 5-year incident old out of her sight for an extensive period. 22 Six people were found illegally Two subjects were cited for camping, camping in the Mt. Umunhum area. and the other four were warning for 2 0 They were found asleep in tents in minors in possession of alcohol." the early morning. 26 A stolen vehicle was found after- S SCO responded and investigated hours at Rancho San Antonio 2 3 County Park February A man and a 14 year old girl were SCSO was requested. The male was found in the Mt. Umunhum area. arrested for contributing to the The man was in possession of a delinquency of a minor, and the girl was 2 2 pellet gun. The girl repeatedly gave arrested for probation violations. false information. 7 A woman fled from an accident and The vehicle caught fire and the suspect was pursued by EPAPD. The fled and was not apprehended. The area pursuit ended in Ravenswood. The was searched by CHP and EPAPD. 2 10 woman fled on foot into the boat works area. 8 Two drivers were seen driving One driver drove into the parking recklessly in the Skyline Ridge barricades and damaged his vehicle. parking lot by two off-duty District The individuals had been cited for the 5 rangers. same offence, at the same location, one year prior. The drivers were cited and a vehicle was impounded by CHP. 11 An altercation took place in St. The woman stated that she hit the man Josephs Hill when a woman had her with her dog leash after he kicked her dog off leash, and a male jogger unleashed dog, and the man had pushed kicked the dog. The woman the woman off the trail. The woman reported the incident. returned and hit the man again, and he again pushed her off the trail. Los Gatos PD was unable to locate the suspects. R-07-12 Page 4 Date Nature of Incident Outcome #of #of Other Rangers Law Present Enforcement Present March 4 Two men were stopped near the The men were cited for being in a former Almaden Air Force Base. closed area, and one was cited for being Both subjects were carrying large in possession of tools and archaeological knives. A consensual search of their items. 3 0 backpacks found items from the airbase, and a digital camera with pictures showing the men inside the buildings. 11 A ranger on foot patrol in Sierra SCSO was requested, and the ranger Azul smelled smoke and shortly arrested and handcuffed the man. SCSO afterwards contacted a suspicious took custody of the individual and he man. The ranger gained consent to was charged with possession of a 2 2 search the individual's backpack controlled substance, possession of and found a glass pipe. The man paraphernalia and use of a controlled also admitted to possession of substance. methamphetarnine. 19 A District OST reported a His story was inconsistent and an empty suspicious vehicle on Mt. bottle of vicoden was found. Fire, Umunhum Road. Rangers ambulance and SCSO was requested inspected the vehicle and saw a and the subject was handcuffed for his 4 2 subject in the bushes. The subject safety. The man stated that he had been was disoriented and thrashing thinking of committing suicide. A later around in the brush. search of his vehicle found what appeared to be a suicide note. April 17 An aerosol powered"potato-gun," State Park Rangers were requested for was discharged near a ranger in assistance, and three men were issued 2 1 Long Ridge. citations. May 6 A barn at the North House in Sierra An investigation by SCSO and ATF 3 3 Azul was destroyed by fire. found that the fire was arson. 15 A cargo trailer, left in Sierra Azul CDF extinguished the fire and CHP by neighbors,was set on fire removed the trailer and two additional I I vehicles. 31 A SC County Ranger discovered Neither subject had a drivers license. two subjects, associated with two One vehicle was towed by SCSO and vehicles, possibly stripping a vehicle the subjects were advised that they in Sierra Azul/Jacques Ridge. could not drive the second vehicle, but must arrange to have it removed by the 2 3 end of the day. The suspects were also required to replace the tires they had removed from the first vehicle on to the second vehicle. R-07-12 Page 5 Date Nature of Incident Outcome #of #of Other Rangers Law Present Enforcement Present June 4 A vehicle was found parked Two subjects were found on foot in the adjacent to a closed area in Sierra closed area; cited for being in the closed Azul. The registration tag was area and warned for weapons possession current, but a computer check (two hatchets and a sharpened hoe)and 2 0 revealed that the vehicle registration warned for collecting rocks. had expired. Information about the registration tag was forwarded to the Santa Clara DA 7 At Skeggs Point a subject A District ranger was the first person to committed suicide by shooting discover the subject. SMSO handled the 2 8 himself in the head with a handgun. case. 9 Two District rangers stopped a The subject refused to identify himself, motorcyclist who had been in a and drove at the rangers and hit a 4 6 closed area at Sierra Azul. District vehicle. 10 Two subjects were found The ranger relayed the information to rummaging through a dump pile at San Jose PD and SCSO and followed Sierra Azul/Pheasant Rd. The the vehicle for a short distance to update 1 0 associated vehicle was found to be PD. The vehicle was lost in a residential stolen area. July 2 Two Santa Clara CO Rangers The gun was homemade, and a box of smelled gunpowder and found a shotgun shells was also found. The subject who had thrown a gun under subject was cited for manufacture of a 1 2 his car on Hicks RD in Sierra Azul. weapon without a license, and by They requested SCSO and District District Rangers for possession of a Rangers. firearm on District lands. 10 A man collapsed in the Fremont Visitors initiated CPR, which was Older parking lot. continued by a District Ranger. SC Fire, ambulance and SCSO responded. 3 3 The person was pronounced dead at the scene. 16 A bicyclist without a helmet refused After being stopped,the subject gave to stop for rangers on Canyon Trail false information. He was cited for: in Monte Bello. He twice evaded "helmet required"and"obstructing or 3 0 rangers, and deliberately rode at a delaying a peace officer." He was given ranger, who had to push away his a verbal warning for providing false handle bars to avoid being hit. information. 17 CDF extinguished three fires in the CDF conducted an arson investigation. Loma Prieta area of Sierra Azul. The fires included a dump pile, a car 2 1 and a tractor-trailer which was incinerated. 22 SCSO Marijuana Task Force Four growing sites with thousands of 1 20+ checked sites in Sierra Azul. plants were located and eradicated. 24 SCSO, CAMP and F&G removed District staff assisted in the eradication approximately 16,000 plants from efforts by providing staging area 1 20+ the Twin Creeks area of Sierra Azul assistance and location information. R-07-12 Page 6 Date Nature of Incident Outcome #of #of Other Rangers Law Present Enforcement Present 29 A man was parked in the middle of The ranger put his truck in reverse, the road on Alma Bridge. The man backed up and turned on his emergency was contacted and told that he lights. The subject left the area at high needed to clear the road. He speed. The incident was reported to approached the ranger's vehicle, CLIP. shone a flashlight in his face and said"What the **** are you going to do about it?" August 8 Santa Cruz SO eradicated a Approximately 10,000 plants were marijuana plantation in Long Ridge, removed. Site hazards and other 1 15 which had been found with materials will be dealt with when a full helicopter flyovers. clean up can be safely accomplished. 31 Five individuals were cited for Two of the individuals were repeat riding an illegal trail in El Corte de offenders, having been previously cited 1 0 Madera. for the same violation in the same preserve. September 10 Three off-road motorcyclists were Santa Cruz SO was requested, but due caught in the Loma Prieta Ranch to extended response time SCSO and area of Sierra Azul. CHP responded. All three motorcyclists 3 2 were cited, and one was arrested for an outstanding warrant. 19 A possible poaching incident The subjects left before they could be occurred when three men were contacted. 3 0 observed wearing hunting vests, and calling for their dogs. 28 SCSO Marijuana Task Force 2,334 plants were removed. eradicated a marijuana garden at 1 15 two separate sites in Sierra Azul 29 10,000 marijuana plants valued at A helicopter was used to remove the $5 million were removed from the plants from various growing areas in the 5 25+ Adobe Creek area of Monte Bello. preserve. October 3 A frequent after-hours violator The subject harassed staff on a number followed and harassed rangers. of evenings. When confronted she drove 3 1 away at high speed. Legal remedies are being inv stigated. 9 A subject was caught stealing wire The subject fled and could not be from the Alma College site. located. A bag containing tools was placed into evidence. A subject with a 4 backpack was later reported to be in the area, but could not be found. SCSO took a report. 15 The remains of a possible SMSO and SM County Fire responded methamphetamine lab were found in and investigated. the Teague Hill area. R-07-12 Page 7 Date Nature of Incident Outcome #of #of Other Rangers Law Present Enforcement Present November 25 Two men were contacted in a closed Both subjects were cited and released. area at Rincon Creek in Sierra Azul. 0 The subjects had been shooting air guns. December 10 A subject called 911 to advise them The subject was located by SMSO. He that he was going to commit suicide had shot himself in the head. The area at Windy Hill. had been checked by a ranger an hour 3 10 prior. District rangers assisted in the removal of the body. 23 A 23 year old woman and a 15 year The woman was arrested, and the boy old boy were found sleeping in a was taken into protective custody by 2 2 tent at Purisima Creek. They both SMSO and released to his mother. appeared to be under the influence. R-07-12 Appendix B Page 8 SIXTEEN YEAR FIELD ACTIVITY SUMMARY 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 ....... A.VIOLATIONS ....... ......... .. ...... .,... 1.Bike-closed area 120 172 197 154 125 149 112 101 112 99 62 60 63 89 58 94 2.Bike-speed 43 101 149 112 85 68 64 82 101 93 146 113 92 TBike-helmet 203 255 287 263 92 148 128 159 135 152 187 124 157 4.Bike-nightridin 44 17 29 3 39 5 25 13 24 18 5-.Bike-Unsafe Operation 1 13 3 1 3 1 3 41 0 01 0 6.Do -prohibited 21 31 58 58 62 63 72 37 48 34 40 52 72 72 55 61 7.Do -offleash 33 82 92 76 67 81 101 63 58 82 111 129 168 188 131 1" 8.01f road vehicle 41 39 26 20 15 16 11 17 18 16 27 18 34 28 21 17 9.Closed area 176 252 286 262 9 38 30 17 21 8 17 31 53 66 59 77 1 O.After hours 127 1 194 148 1 118 89 80 76 106 183 137 197 147 1 I.Fishing 0 0 2 6 6 5 0 0 111 4 2 6 10 10 12 4 12.Vandalism 14 13 27 19 28 26 20 42 106 109 57 581 62 44 83 53 13.Parkin 119 180 173 114 173 192 154 187 138 192 505 267 233 196 219 262 14.1'arkin after hts. 225 182 228 197 188 224 262 366 414 392 267 320 15.Dtun itter 13 11 11 18 15 7 9 8 10 13 6 4 15 18 14 20 16.Cam fires 18 18 7 12 9 6 4 1 17 4 S 1 4 3 6 7 17.Camping 10 19 22 19 6 1 5 4 1 7 20 9 21 1 8 16 22 11 18.Weaponcontact 12 26 10 16 7 5 4 8 101 2 6 1 24 13 6 14 19.Weapon repott 26 15 3 13 5 7 8 41 8 2 2 3 20.W n-Evidence of 6 21 3 4 3 2 20.Other 127 54 59 121 11 90 33 33 61 52 53 114 105 103 184 176 Total ....7041 .....8.9.7 .....9701....1.,1.4.1. 1.,2.6.7. ...1.,.5.10......1,.3.6.5 ...1.,0.4.6. 1,158 1,133 1,526 1,464 1,733 .1.,7.2.7. ..1.,6.0.0. .1.,.7.34 . B.ACCIDENTS/FIRE . . I.Bicycle 24 46 41 41 57 52 47 35 36 28 37 31 28 29 191 20 2,Equestfian 5 4 3 5 6 7 13 2 11 2 3 7 7 3 3 2 3.1-likin unnin 27 11 18 19 19 14 22 8 9 8 22 10 16 12 14 11 4.Other first aid 13 14 11 6 2 8 13 12 10 9 16 17 S.Search&rescue 13 6 11 7 9 12 10 12 7 10 10 13 6.Vehicle 7 3 3 6 12 6 7 10 8 5 7.Helico ter landings 8 2 8 7 9 10 6 7 4 1 8.Fire(-acres) 1 <i 3 <1 5(6) 4 1 3 13 3 3/4+ 3 1 1<i l l(-10) 0 6 58 6 11 5 31 ]43 Total 57 64 67 69 108 93 122 64 73 71 112 94 82 85 77 C.ENFORCEMENfi ..... LCitations 373 445 463 430 654 716 629 519 505 410 945 761 882 955 727 2.Written warnings199 255 236 429 468 695 655 414 489 530 570 518 640 629 501 3_Arrests 7 8 7 6 3 2 4 1 3 5 7 3 2 1 8 .Police assistance 32 22 36 28 24 11 27 37 38 30 18 Total 579 708 706 865 1,157 1,435 1,324 962 1,021 956 1,449 1,326 1,562 1,615 1,254 ................ ....... ....... ...... ...... ......D. CRIMESI.Auto h aces 32 23 8 7 14 2 5 21 14 5 34 312.False information 7 11 13 11 10 3 4 1 3 13 63.Resistin Peace Officer 3 9 9 6 I1 4 9 5 18 7 4 .Assault 1 0 3 2 0 3 2 2 0 0 0 2 5.Poaching 3 1 2 2 1 3 0 0 1 0 1 0 0 2 6.Possession/Cultivation-Marijuana 9 t0 8 3 9 10 14 9 17 21 7.Minorin possession of Alcohol 23 15 11 51 12 3 01 11 41 9 8.Other 15 16 14 20 10 12 18 16 42 77 22 Total 0 0 0 32 37 45 82 75 62 33 70 53 57 116 139 82 E.MUTUAL AID i.Accidents 12 18 26 1 54 28 26 36 43 32 31 28 38 38 3 31 38 2.Enforcement 11 28 1 29 18 15 26 12 14 11 20 14 8 3.Fire -acres 2 2 4 48 3(1+) 2(10+) 4 5 5 2+) 8(28) S<9 12(<12) 7 8 4 2 8 3 5 4.Helico ter landings2 11 11 7 7 4 9 11 7 1 9 2 S.Other 4 1 4 2 3 3 8 2 5 3 Total 14 22 29 56 45 70 80 74 70 70 60 70 661 34 62 56 R-07-12 Appendix C Page 9 District Enforcement Activities Sixteen Year History 2000 1800 1600 - 1400 N c 1200 d 1000 / C i� \ 6 800 „ � \ / z i r ` ,;:, X X 600 I `�--� i )( ti X r:::: X 400 so r NOW 200 X X. - -- -- -- 0 _ - - - - - - - - -- - - - -- - - - - - ' - - - -- - 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 - - Bicycle Violations .,`:;X:_;.°Written Warnings - Citations -Total Violations -- - - Vandalism R-07-12 Appendix D Page 10 Accidents By User Type 60 50 40 - c a 30 0 0 z 20 - 10 - 0 1991 1992 1993 1994 1995 1996 _ Bicyde 1997 1998 199g 2000 2001 ��— Hiking/Running Year ` 2002 2003 Equestrian 2004 2005 2006 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-14 Meeting 07-05 February 28, 2007 AGENDA ITEM 9 AGENDA ITEM Annual Progress Report on Ranger Bicycle Patrol Program or Calendar Year 2006 GENERAL MANAGER'S RECOMMENDA _ Accept this informational report on the ranger bicycle patrol program. BACKGROUND At your Regular Meeting of December 14, 1994 meeting you approved the ranger bicycle patrol as an ongoing part of the ranger patrol duties (see Report R-94-125). The Board also requested that staff provide an annual progress report on the program. This report reflects the status of the program for 2006. DISCUSSION The bicycle patrol program includes eight mountain bicycles available to the ranger staff. Two rangers from each office are assigned to bicycle patrol for a one-year period, leaving two bicycles at each office available for the remaining rangers to share. Written procedures were developed for the bicycle patrol program. Each ranger is required to keep track of the following information: time spent preparing for bicycle patrol each day, actual time on spent bicycle patrol, and the number of public contacts made while on bicycle patrol. p Y In 2006 there were 275 hours of bicycle patrol. This represents a 73% increase in hours from 2005 and a 6% decrease in the prior eleven year average of 293 hours. When the unusually high figure of 710 hours from 1997 is removed from the average, the 2006 hours represent a 9.5% increase over the prior adjusted average of 251 hours. The statistics for the bicycle patrol program for the last twelve years are as follows: R-07-14 Page 2 Hours spent on Bicycle # of # of # of Contacts patrol Calendar Patrol Individuals preparation & Year Hours Contacted Patrols Per Patrol bicycle maintenance 2006 275 hours 3,408 129 26.4 28 2005 159 hours 2,245 113 19.8 24 2004 398 hours 2,872 217 7.2 44 2003 214 hours 1,155 114 10.1 20.5 2002 234 hours 1,922 234 8.2 23 2001 361 hours 3,215 204 15.8 33 2000 184 hours 1,600 97 16.5 1999 309 hours 2,627 190 13.8 41 1998 280 hours 890 118 7.5 20 1997 710 hours 5,100 308 16.6 71 1996 192 hours 1,300 82 15.9 22 1995 183 hours 1,470 Not reported The increase in 2006 hours directly reflects available staff members to participate in the program. Staff continues to be enthusiastic about the program, and have found it to be an effective and well- received way to contact the public. Staff will be encouraged to continue their involvement in the voluntary bicycle patrol program. Incentives are available for staff involvement in the program in the form of an increased uniform allowance for staff who achieve 50 hours of patrol during the calendar year. The nature of the visitor contacts included numerous informational contacts, and verbal and written warnings for violations such as excessive bicycle speed and other District ordinance violations. Bicycle patrol rangers issued citations for helmet violations, riding in a prohibited area, and dogs off leash. A few responses were made to accidents on the trails. The rangers on bicycle patrol indicated that the public response to seeing rangers on bicycles continues to be very positive. Once again, this year's program ended with no reported employee accidents or injuries. In future years the report will show the statistics for a I 0-year window. CONCLUSION The ranger bicycle patrol program continues to be an effective way to patrol District trails. It has been well received by all visitor use groups. The program provides an incentive for staff to devote more time to a non-motorized form of patrol. Prepared by: Michael Newbum, Area Superintendent Gordon Baillie, Management Analyst Contact Person: Gordon Baillie, Management Analyst Regional Open Space ----------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-35 Meeting 07-05 February 28, 2007 AGENDA ITEM 10 AGENDA ITEM Lease Approval with Kaidara, Inc., for the Surplus Office Space at 330 Distel Circle, Los Altos, California GENERAL MANAGER'S RECOMMENDATION. Authorize the General Manager to execute the Administrative Building Lease with Kaidara, Inc. for the office space at 330 Distel Circle, Los Altos, California that is not currently used by the District. DISCUSSION At your meeting of February 26, 2003, you approved a lease with Kaidara, Inc. for the 2,487 square feet of office space not currently needed by the District in the Administrative office building at 330 Distel Circle; the monthly rental rate you approved was $3,979.20 (see Report 03-25). The lease contained two one-year options that incorporated annual rental rate options based upon the Consumer Price Index. You approved the final one-year option of the lease on February 8, 2006 (See Report 06-04). Currently, Kaidara*s rent is $4,300 per month ($1.73 per square foot). Kaidara is a provider of global advisory software solutions headquartered in Paris, France. We expected Kaidara to outgrow our space as the company achieved second-stage venture funding and acquired General Electric and National Semiconductor as clients. However, 2006 proved to be a transition year for Kaidara as the Parisian founder moved on to other opportunities. The USA division grew to contribute 50% of sales and currently has plans to add two software engineers to its Los Altos staff. In the fourth quarter of 2005, Management Team began to discuss the potential expansion needs of the Administrative Office, and concluded that the District should plan for use of some, if not all, of the Kaidara space for the Administrative Office during calendar year 2007. The Planning Department will be hiring an architect to evaluate the future District office space needs, including the potential expansion of administrative staff into the portion of the building currently occupied by Kaidara. Should it be determined that all ofthe tenant space is needed for Administrative Office expansion, the District may terminate the lease during the option term upon 90-days notice, but in no event before March 31, 2008. If less than all of the space is needed, the District and Kaidara may be able to amend the lease to reflect the smaller space and a pro rata rent reduction. R-07-35 Page 2 Staff has completed negotiations with Kaidara and recommends a lease on the following terms: 1. One (1) year lease term with a one-year option with the District retaining the right to cancel up to the last nine months of the option term if the space is needed. 2. Commencement date of March 1, 2007. 3. Rental Rate $4,493 per month ($1.80 per square foot- a 4.5% increase) for the lease term and $4,725 for the option period ($1.90 per square foot-a 4.5% increase). 4. Maintain existing Security Deposit of$3,979.20 The District has found Kaidara to be a compatible business and a good neighbor. Prepared by: John P. Dickey, Real Property Specialist Contact Person: Michael C. Williams, Real Property Manager Regional Open Space ------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-34 Meeting 07-05 February 28, 2007 AGENDA ITEM 11 AGENDA ITEM Authorize Execution of An Amendment to Communications S, "'Lease,with C&C Equipment at Black Mountain, Rancho San Antonio Open Space Preserve ATIONS GENERAL MANAGER'S RECOMM a:T;7 1. Determine that the recommended action is not a project under the California Environmental Quality Act(CEQA)as set out in this report. 2. Authorize the General Manager to execute the Amendment to the Communications Site Lease with C&C Equipment at Black Mountain, Rancho San Antonio Open Space Preserve. DISCUSSION At your October 10, 1990 Regular Meeting(see Report R-90-113), you approved a five-year lease with C&C Equipment with four five-year options for a communications facility located at Black Mountain, Rancho San Antonio Open Space Preserve. Due to the delay in obtaining building permits from the City of Palo Alto,the lease commencement date is February 1, 1992. In February 2002, C&C exercised the second of four options at a rent based on the greater of$3,500 per month or 25%of gross rentals received from subtenants(historically, the percentage rent has been greater than the base rent). Rents received from C&C for the eleven months ending January 31, 2007,totaled $53,455,approximately$4,859 per month, or an average of$1,359 above the base rent. Due to the superior financial performance of C&C relative to the District's other multi-user tower operator at Black Mountain,Crown Castle International(formerly Mountain Union), staff recommends continuing the current rent structure. C&C Equipment has historically increased its income in a market that has undergone significant fundamental and technological changes. In addition, C&C has provided complimentary rack space to the District that has served as the backbone of the District's two-way radio communication system since 1992. USE AND MANAGEMENT On December 8, 1982,the District adopted a communications policy for the existing facilities at Black Mountain entitled Policies for the Black Mountain Communications Facilities(see Memorandum M-82- 119,November 19, 1982). This policy states that lease renewals will be considered on a case-by-case basis. As only the continued use of existing communication facilities is being proposed,the Communications Site Lease and Agreement is in compliance with the objectives of the above-referenced communications policy. CEQA Determination The project involves the exercise of an option for extension of an existing lease of pu lic land involving no expansion of use and with no possibility of a significant impact on the environment a d is therefore not a project under the CEQA. Prepared by: John P. Dickey, Real Property Specialist Contact: Michael C. Williams, Real Property Manager C&C Equipment Communication Facility 0 5�•.j Vi a Point PO - \ ........... ... ch Sa Ant ni ' Hidden I I a r ve eck Ran i �� \ • C&C Equipment . • Road .• Communication Facility IN /d Rench C. pW, do WP03 • / r / lack Mo ntain j 2815 Indian CteeY- rP ee% j °ad Me o j Op Sp e Pre v \ E E r / c / ater Wheel Creek T it E S l� E � V e0 nd CIF "eEn ineAc u Produced by Midpeninsula Regional Open Space District, February 2007 ® 0 500 1,000 2,000 Feet Claims No. 07-04 Meeting 07-05 Date 2/28/07 Revised Midpeninsula Regional Open Space District # Amount Name Description 6412 $79,78 Ace Fire Equipment&Service Co, 2 Fire Extinguishers&Maintenance-FFO 6413 $24533 Acterra Native Plants-Rhus Ridge 6414 $11,500.14 Airbill Safety Products Uniform Expenses 6415 $151.12 Anglim Flags Flags-AO 6416 $400.00 Association Of Environmental Recruitment Advertisement-Planner 11 Professionals 6417 $194.62 AT&T Voice Mail Service-AO/Fax Service-FFO 6418 $50.00 Baldzikowski, Matt Reimbursement-Membership Dues 6419 $5.41 Barron Park Supply Plumbing Supplies 6420 $150.00 California Chapter-American Recruitment Advertisement-Planner 11 Planning Association 6421 $371.04 California Water Service Company Water Service-FFO&AO 6422 $161.80 Cascade Fire Equipment Company Field Supplies 6423 $1,874.35 CDW Government, Inc. 95 Licenses-MS Windows Server 2003 6424 $864.54 Cresco Equipment Rental Excavator Rental-Bear Creek Redwoods 6425 $206.85 Cube Solutions Ergonomic Supplies 6426 $166.22 Cupertino Bike Shop Bicycle Tune Ups&Repairs 6427 $2,103.00 Davey Tree Expert Company Tree Removal-AO 6428 $55,00 Del Rey Building Maintenance Replace Lights-AO 6429 $1,772.24 *1 Dell Commercial Credit Precision Workstation With Monitor 6430 $9,153.40 Design Concepts Graphic Design Services-Brochures 6431 $3,053.52 EDAW, Inc, Master Plan Contract Services-Sierra Azul&Bear Creek Redwoods 6432 $2,665.00 Environmental Science Associates Consulting Services-Environmental Review For Proposed Land Exchange 6433 $33,89 FedEx Shipping Charges 6434 $95.02 FedEx Kinko's Copy/Printing Services 6435 $6,855.21 First Bankcard Field Supplies-2,230.89 Office Supplies-381.76 Computer Expenses-1,853.88 Business Meetings- 139.20 Conferences/Training-2,079.53 Advertising/Subscriptions/Books-169.95 6436 $174.41 Forestry Suppliers, Inc, Field Supplies 6437 $7415 Goodco Press, Inc. Printing Services-Business Cards 6438 $163.84 Honda Peninsula Field Supplies 6439 $492.00 Interstate Traffic Control Products Wheel Stops&U-Channels 6440 $105,11 Jackson-Hirsh, Inc. Laminating Materials 6441 $600.00 Jakaby Engineering Design&Engineering Services/Topographic Surveys- PII edestrian Bridges At ECDM 6442 $2,214.66 Jakaby Engineering Feasibility Study-Saratoga Country Club&Fremont Older Joint Staging Area Project 6443 $1,400.00 Jakaby Engineering Bridge Design&Engineering-Thornewood 6444 $4,549.80 LA Consulting Consulting Services-Land Management Cost Evaluation &Efficiency Study 6445 $1,104.45 Lab Safety Supply Field Supplies 6446 $218.11 LFR Levine Fricke Planning Services-Skyline Ridge Tree Farm Restoration Project 6447 $375.00 Marina Malikoff Media Contractor 6448 $1,081.47 Muniquip Canycorn Repair 6449 $400,000.00 ## North American Title Company Fogarty Settlement/Purchase 6450 $1,000.00 *2 North American Title Company Escrow Fee-Land Acquisition 6451 $238.35 Northern Energy, Inc, Propane-FFO 6452 $1,322.14 Office Depot Office Supplies 6453 $5,040.00 *3 Old Republic Title Company Escrow Fee-Land Acquisition Page 1 of 3 Claims No. 07-04 Meeting 07-05 Date 2/28/07 Revised Midpeninsula Regional Open Space District # Amount Name Description 6454 $127.74 Paterson, Loro Reimbursement-Uniform Expense 6455 $3,73100 Patsons Media Group Printing Services-Trail Brochures 6456 $57.29 Peninsula Digital Imaging Copy Services 6457 $5.00 Peterson Tractor Co. Tractor Supply 6458 $10,254.20 Pillsbury Winthrop Shaw Pittman LLP Legal Services-Fogarty/MacFarlane Litigation 6459 $102.70 Premiere Global Services Fax Broadcast Services 6460 $65.00 R.H.F. Inc. Radar System Recertification 6461 $7.93 Rancho Ace Hardware&Garden Shop Field Supplies 6462 $200.00 Ranee Ruble Freelance Writer For Media Projects 6463 $46.25 Rayne Of San Jose Water Conditioning Service 6464 $200.00 Ruiz,Ana Reimbursement-Membership Dues 6465 $108.00 San Jose Water Company Water Service 6466 $1,380,00 San Mateo County Fire Department Fire Defense Improvements-Skyline Blvd. 6467 $104.31 Sanguinetti, David Reimbursement-Mileage 6468 $643.34 Sears Field Supplies 6469 $190.00 South Bay Regional Public Safety Field Training Officer Course 6470 $148.30 Summit Uniforms Uniform Expenses 6471 $9.02 Sunnyvale Dodge Vehicle Supply 6472 $215.55 Tadco Supply Janitorial Supplies 6473 $2,406.20 The Bank of New York 2004 Note Paying Agent Fees 6474 $676.56 The Recorder Legal Subscription Renewal 6475 $5,804.00 Timothy C. Best,CEG Road&Trail Inventory-San Francisquito Creek Watershed 6476 $6,773.13 Timothy C. Best,CEG Engineering Geology For Bridge Locations,New Trail Scouting&Stream Channel Restoration Assessment- Thornewood 6477 $173.20 Tony&Albas Pizza Local Business Meetings 6478 $5,364.32 *4 U.S.Postmaster Postage-Spring Newsletter 6479 $37.02 United Parcel Service Parcel Shipping 6480 $380.92 United Site Services, Inc. Sanitation Services-FFO 6481 $37.50 Valterria,Thomas Reimbursement-Membership Dues 6482 $282.38 Verizon Cellular Phone Service 6483 R $18.31 AT&T Alarm Service-FFO 6484 R $36.00 Baillie, Gordon Reimbursement-Pager 6485 R $95.26 Barron Park Supply Plumbing Supplies 6486 R $651.68 Big Creek Lumber Lumber Materials-Dusky-Footed Woodrat Trail 6487 R $37.50 Casaretto,Mark Reimbursement-Uniform Expense 6488 R $152.84 CMK Automotive Inc. Vehicle Maintenance&Repair 6489 R $3,583.13 Dek-ing Roofing Material-SFO Shop 6490 R $305.00 Del Rey Building Maintenance Janitorial Supplies 6491 R $1,497.33 Design, Community&Environment Master Planning Services-La Honda Creek Open Space Preserve 6492 R $32.05 Paterson, Loro Reimbursement-Uniform Expense 6493 R $353.99 Petty Cash Business Meetings, Printing Services,Parking&Mileage, Volunteer Supplies 6494 R $232.66 Pine Cone Lumber Lumber Supplies 6495 R $100.00 Santa Cruz County RCD California Red-Legged Frog Workshop 6496 R $19,50 Second Cup Caf6 Local Business Meetings 6497 R $400.00 ## T R Miller Company Website Set Up 6498 R $153.75 United Site Services Sanitation Services-FFO 6499 R $363.08 West Payment Center Legal Research&Books Page 2 of 3 Claims No. 07-04 Meeting 07-05 Date 2/28/07 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $499,926.31 `1 Urgent Check Issued 2/22/07 "2 Urgent Check Issued 2/14/07 '3 Urgent Check Issued 2/20/07 '4 Urgent Check Issued 2/20/07 ## In The Event Agenda Item Is Not Approved,This Claim Will Not Be Processed ## In The Event Agenda Item Is Not Approved,This Claim Will Not Be Processed i I i Page 3 of 3 '.... I, Claims No. 07-04 Meeting 07-05 Date 2/28/07 Midpeninsula Regional Open Space District # Amount Name Description 6412 $79.78 Ace Fire Equipment&Service Co. 2 Fire Extinguishers&Maintenance-FFO 6413 $245.73 Acterra Native Plants-Rhus Ridge 6414 $1,500.14 Airbill Safety Products Uniform Expenses 6415 $151,12 Anglim Flags Flags-AD 6416 $400.00 Association Of Environmental Recruitment Advertisement-Planner 11 Professionals 6417 $194.62 AT&T Voice Mail Service-AO/Fax Service-FFO 6418 $50.00 Baldzikowski, Matt Reimbursement-Membership Dues 6419 $5.41 Barron Park Supply Plumbing Supplies 6420 $150.00 California Chapter-American Recruitment Advertisement-Planner 11 Planning Association 6421 $371.04 California Water Service Company Water Service-FFO&AO 6422 $161.80 Cascade Fire Equipment Company Field Supplies 6423 $1,874,35 CDW Government, Inc. 95 Licenses-MS Windows Server 2003 6424 $864.54 Cresco Equipment Rental Excavator Rental-Bear Creek Redwoods 6425 $206.85 Cube Solutions Ergonomic Supplies 6426 $166.22 Cupertino Bike Shop Bicycle Tune Ups&Repairs 6427 $2,103.00 Davey Tree Expert Company Tree Removal-AO 6428 $55.00 Del Rey Building Maintenance Replace Lights-AO 6429 $1,772.24 -1 Dell Commercial Credit Precision Workstation With Monitor 6430 $9,153.40 Design Concepts Graphic Design Services-Brochures 6431 $3,053.52 EDAW, Inc. Master Plan Contract Services-Sierra Azul&Bear Creek Redwoods 6432 $2,665.00 Environmental Science Associates Consulting Services-Environmental Review For Proposed Land Exchange 6433 $33.89 FedEx Shipping Charges 6434 $95.02 FedEx Kinko's Copy/Printing Services 6435 $6,855.21 First Bankcard Field Supplies-2,230.89 Office Supplies-381.76 Computer Expenses-1,853.88 Business Meetings- 139.20 Conferences/Training-2,079.53 Advertising/Subscriptions/Books-1 69.95 6436 $174.41 Forestry Suppliers, Inc. Field Supplies 6437 $74.15 Goodco Press, Inc. Printing Services-Business Cards 6438 $163,84 Honda Peninsula Field Supplies 6439 $492.00 Interstate Traffic Control Products Wheel Stops&U-Channels 6440 $105.11 Jackson-Hirsh, Inc. Laminating Materials 6441 $600.00 Jakaby Engineering Design&Engineering Services/Topographic Surveys- Pedestrian Bridges At ECDM 6442 $2,214.66 Jakaby Engineering Feasibility Study-Saratoga Country Club&Fremont Older Joint Staging Area Project 6443 $1,400,00 Jakaby Engineering Bridge Design& Engineering-Thornewood 6444 $4,549.80 LA Consulting Consulting Services-Land Management Cost Evaluation &Efficiency Study 6445 $1,104.45 Lab Safety Supply Field Supplies 6446 $218.11 LFR Levine Fricke Planning Services-Skyline Ridge Tree Farm Restoration Project 6447 $375.00 Marina Malikoff Media Contractor 6448 $1,081.47 Muniquip Canycom Repair 6449 $400,000.00 ## North American Title Company Fogarty Settlement/Purchase 6450 $1,000.00 *2 North American Title Company Escrow Fee-Land Acquisition 6451 $238.35 Northern Energy, Inc. Propane-FFO 6452 $1,322.14 Office Depot Office Supplies 6453 $5,040.00 *3 Old Republic Title Company Escrow Fee-Land Acquisition Page 1 of 2 Claims No. 07-04 Meeting 07-05 Date 2/28/07 Midpeninsula Regional Open Space District # Amount Name Description 6454 $127.74 Paterson, Loro Reimbursement-Uniform Expense 6455 $3,733.00 Patsons Media Group Printing Services-Trail Brochures 6456 $57.29 Peninsula Digital Imaging Copy Services 6457 $5,00 Peterson Tractor Co, Tractor Supply 6458 $10,254.20 Pillsbury Winthrop Shaw Pittman LLP Legal Services-Fogarty/MacFarlane Litigation 6459 $102.70 Premiere Global Services Fax Broadcast Services 6460 $65.00 R.H.F. Inc. Radar System Recertification 6461 $7.93 Rancho Ace Hardware&Garden Shop Field Supplies 6462 $200.00 Ranee Ruble Freelance Writer For Media Projects 6463 $46,25 Rayne Of San Jose Water Conditioning Service 6464 $200.00 Ruiz,Ana Reimbursement-Membership Dues 6465 $108-00 San Jose Water Company Water Service 6466 $1,380.00 San Mateo County Fire Department Fire Defense Improvements-Skyline Blvd. 6467 $104.31 Sanguinetti, David Reimbursement-Mileage 6468 $643.34 Sears Field Supplies 6469 $1190.00 South Bay Regional Public Safety Field Training Officer Course 6470 $148.30 Summit Uniforms Uniform Expenses 6471 $9.02 Sunnyvale Dodge Vehicle Supply 6472 $2115.55 Tadco Supply Janitorial Supplies 6473 $2,406,20 The Bank of New York 2004 Note Paying Agent Fees 6474 $676.56 The Recorder Legal Subscription Renewal 6475 $5,804.00 Timothy C. Best,CEG Road&Trail Inventory-San Francisquito Creek Watershed 6476 $6,773.13 Timothy C. Best,CEG Engineering Geology For Bridge Locations, New Trail Scouting&Stream Channel Restoration Assessment- Thornewood 6477 $173.20 Tony&Albas Pizza Local Business Meetings 6478 $5,364.32 *4 U.S. Postmaster Postage-Spring Newsletter 6479 $37.02 United Parcel Service Parcel Shipping 6480 $380,92 United Site Services, Inc. Sanitation Services-FFO 6481 $37.50 Valterria,Thomas Reimbursement-Membership Dues 6482 $282.38 Verizon Cellular Phone Service Total $491,894.23 1 Urgent Check Issued 2/22/07 *2 Urgent Check Issued 2/14/07 *3 Urgent Check Issued 2/20/07 *4 Urgent Check Issued 2/20/07 In The Event Agenda Item Is Not Approved,This Claim Will Not Be Processed Page 2 of 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager 'J. DATE: February 28, 2007 RE: FYI's MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Rudy Jurgensen February 28, 2007 Public Affairs Manager (650)691-1200 NEW DISTRICT SIGNS WARN VISITORS OF THE DANGERS OF WILD MUSHROOMS LOS ALTOS,CA [February 28, 2007]—The Midpeninsula Regional Open Space District has posted new signs at several of its open space preserves this month warning visitors not to pick wild mushrooms. "We want people to know that consuming wild mushrooms can result in serious illnesses or even death," said ranger Thomas Valterria who works out of the District's field office on Skyline Blvd. The new red signs, posted at District preserves where wild mushrooms are more prevalent,feature illustrations of the poisonous Amanita phalloides or"death cap"--one of the most dangerous mushrooms found in California—and warnings against picking or eating wild mushrooms printed in 10 languages, including Spanish, Russian, Chinese, Korean,Japanese, Khmer, Laotian, Vietnamese, and Thai. According to the North American Mycological Association, incidents of mushroom poisoning have been common among immigrants and visitors from abroad who mistake toxic mushrooms in the U.S. for what resemble edible species in their native countries, In January, a grandmother visiting from Mexico died and five members of her family became seriously ill after eating mushrooms they had picked at Wilder Ranch State Park north of Santa Cruz. The Santa Cruz Mountains are home to more than 1,000 species of mushrooms and the dangers are most pronounced during the rainy season,when the mushrooms flourish. "Some of the mushrooms are edible, but telling the difference between them can be difficult for even the best mushroom collector,"said Valterria. The District posted the new wild mushroom warning signs at the Monte Bello, Los Trancos, Russian Ridge, and Coal Creek Open Space Preserves. Created by voters more than 30 years ago, the Miapeninsula Regional Open Space District has successfully protected and managed over 55,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a year. The District is an independent, non-enterprise, California special district whose mission is to acquire andpreserve a regional greenbelt oJ'open space land in perpetuity,protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education. wwl"7.openspace.orc Craig Britton To: Ashley Golder Subject: RE: We have moved! From: Ashley Golder [mailto:agolder@openspacetrust.org] Sent: Wednesday, February 28, 2007 10:31 AM To: Craig Britton Subject: We have moved! Peninsula Open Space Trust 1s pleased to announce its move to new "green" headquarters in downtown Palo Alto! As of March 3, 2007: 222 High Street Palo Alto, CA 94301 T 650-854-7696 F 650-854-7703 Www.openspacetrust.org All mail will be forwarded to our new address. 1 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton,General Manager From: M. Reeves, Real Property Specialist Date: February 27, 2007 Subject: Peninsula Open Space Trust(POST)Tunitas Creek Property Addition to Tunitas Cre Space Preserve Escrow closed for the subject transaction on February 23, 2007,and title to and possession of this 707.48-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations,close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of February 7, 2007. DEDICATION&AC �UISITION CHART INFORMATION Preserve County Ownership Status: Board Approval Date& & & Grantor Acres (Fee,Easement,Lease, Resolution Number or General Manager Area A.P.N. Mgmt Agreement) Approval Date San Mateo Peninsula Open Space February 7,2007 Tunitas Creek 066-260-040;081- Trust 707.48 Fee Resolution No.07-04 090-020,040,050 Mgmt.Status: Dedication Date & Closing Date (Open,Closed,CMU, Status(Intended or Type Purchase Price CIS Code or Other) Withheld) Grant $ 462,500 February 23,2007 Closed Intended Bargain G i ft $3,782 5_00 Sale Total $4,245,000 Misc.Notes: 1. Existing lease with POST's cattle grazing tenant was assigned to District. Real Property,Planning and Operations Departments will coordinate on replacing existing grazing lease with a new lease consistent with District resource management policies,draft grazing policy,and the Coastside Service Plan. 2, Real Property and Operations Departments will coordinate on contracting for repair of barn for use by tenant. 3. Planning Department will evaluate access alternatives including repair of main driveway. 4. Uninhabited and damaged residence and dilapidated outbuildings will be demolished and removed once adequate access is secured for heavy equipment. 5. District was awarded a$462,500 grant from the Flabitat Conservation Fund. The appraised fair market value of the property is$4,245,000. POST made a gift of the balance of the fair market value of$3,782,500. 6. The Fire Services Fee will be$336.22 as required by the Agreement Between San Mateo County and the Midpeninsula Regional Open Space District(Regarding Fire Services). The fee will increase 2%annually. The property is not located in the La lionda-Pescadero School District boundary,and therefore no fee is payable. 7. This purchase adds a new open space preserve to the District's open space preserve system: the"Tunitas Creek Open Space Preserve." cc: Board of Directors, Administration,Accounting,Operations&Field Offices, Planning,&Public Affairs 33o Distel Circle 650-69i-i2oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: Cindy Roessler,Members of the Board From: Lisa Infante Date: February 26, 2007 Re: Wildlife and Invasive Plants Symposium On January 30 and 31, 2007, the Western Section of the Wildlife Society held a symposium focusing on the interaction of wildlife and invasive plants. Stan Hooper and I attended the symposium, which was held in Monterey and preceded the Wildlife Society Conference. The theme of the event was "Finding common ground in protecting ecological diversity." Many studies were presented, however, the interaction between wildlife and invasive species is species specific and highly variable with different site conditions. The greatest value of the conference was to generate ideas for MROSD's resource management program and to make professional contacts. We will be reviewing pesticide risk assessments prepared by the US Forest Service in the context of our program. Papers were presented by a wide range of natural resource professionals, including academic researchers, regulatory personnel, and land managers. Each presentation focused on one of four themes: 1) Impacts of invasive plants on wildlife; 2) wildlife using and dispersing invasive plants; 3)balancing invasive plant control with protecting wildlife; and 4) balancing chemical treatment of invasive plants with wildlife protection. Researchers examining the impacts of invasive plants on wildlife prese nted a diversity of 1. g p p p Y studies, ranging from the impact of Saharan mustard on desert wildlife (most animals not impacted, but rare species declined further), non-native cordgrass on birds (highly variable impact, with some species favoring invaded marshes, but complex interactions with tidal action and habitat loss); and yellow star thistle and native bees (study complicated by introduction of seed predators with no clear result). The take home message: the question of invasive plants impacting native wildlife is not a simple one. Effects are species specific, and it is difficult to control for complex interactions. We cannot conclude that invasive plants are universally bad for native wildlife. February 28, 2007 2. Animals act as dispersal agents of non-native plant seeds. One study examined"bird- mediated"plant invasions and the"lag-phase"of invasion. Non-native plants attract dispersal agents to inhospitable areas (where the native seeds they are carrying can't survive). The study will look at four species that are invasive elsewhere but not here: are they in the lag phase? Another researcher presented data on the role of hair clumps and dung of ungulates (bison and pigs) in spreading seeds. He pointed out that feral pigs correlate 100%with oak woodland in California. Finally, a plant ecologist presented the results of a quick and dirty study she designed to compare wildlife use of invaded, intact, and restored coastal scrub in southern California. Her results were inconclusive, but she has some interesting ideas. Take home messages: animals spread invasive plants, and the patterns of this spread make for interesting academic research. Also, plant ecologists who have invasive species removal and restoration projects (as at MROSD) could look at wildlife use, and would benefit from training and simple techniques to monitor wildlife. 3. Regarding the balance between invasive plant control and wildlife protection, case studies were presented from the Catalina Islands and Hawaii. These studies were very species- specific and so don't directly relate to MROSD land management. However, one presenter from the Catalina Island Conservancy discussed his use of decision-making software (called Criterium Decision Plus) to identify 'priority watersheds' for invasive control. This may be something to consider in developing priorities for our invasive species control program. 4. The final series of presentations focused on herbicide effects on wildlife. Joel Trumbo of the California Department of Fish and Game (pesticide officer)presented a good, basic review of pesticide toxicology. He reviewed two pesticides currently used at MROSD, glyphosate and clopyralid(Roundup and Transline), to discuss water solubility and level of soil sorption. He didn't have time to specifically review the effect of glyphosate on amphibians,however, our staff has reviewed some of his publications. Two US Forest Service (USFS)pesticide use coordinators reviewed Forest Service Pesticide Risk Assessments and Pesticide Effects on Wildlife. USFS developed 14 risk assessments which are available online. Effects of glyphosate on wildlife did not exceed thresholds at typical rates, but large, grass-eating mammals could be affected at high application rates (such as from repeated aerial spraying). Effects are unlikely to occur in the field due to animal behavior and actual application rates. Aquatic and amphibian species were not tested. There was some discussion of the recent Environmental Protection Agency court ruling. Finally, a representative of the anti-pesticide groups spoke about emerging issues', giving examples about impacts to non-target plants and animals that occur at extremely low rates of exposure. She talked about the glyphosate/surfactant issue of Rodeo, to make the point that the secondary chemicals (which may not be tested) are the real problems. 2 Regional Open Space February 23, 2007 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Planning Commissioners City of East Palo Alto 1960 Tate Street East Palo Alto, CA 94303 RE: Draft Conceptual East Palo Alto Bay Access Plan Dear Commissioners: On behalf of Midpeninsula Regional Open Space District (District), I would like to express our strong support for the City of East Palo Alto's desire to improve the accessibility of the Bay Trail and bayfront for City residents and employers. The District owns and manages approximately 55,000 acres of open space land organized into 26 preserves. Ravenswood Open Space Preserve is located off Bay Road and adjacent to many of the proposed trail connections and pocket parks that are identified in the Draft Bay Access Plan (DBAP). For many years the District has worked together with the Association of Bay Area Governments, the City of East Palo Alto, City of Palo Alto, and City of Menlo Park to help complete the remaining Bay Trail gaps located to the north and south of Ravenswood Open Space Preserve. To this end, the District was part of an agency taskforce that helped prepare a 2004 Bay Trail Gap Feasibility Study. According to the DBAP, the East Palo Alto City Council in 2004 unanimously voted to support Bay Trail Option 2, and opposed three other options that were identified as part of this feasibility study. Although the District agrees that the alternative routes closest to the edge of the bay are preferred for an ideal Bay Trail experience, the District would like to stress the importance of remaining flexible on defining these routes. Flexibility in trail planning and trail implementation is needed in the event new opportunities come about through land purchases and/or developments that lend themselves towards fulfilling the goal of a continuous Bay Trail. The District recommends that you incorporate language in your DBAP that allows for such flexibility,particularly in regards to the Bay Trail. Also, we would like to note that one proposed neighborhood trail connection along the southern boundary of the Facciola Property(T3) appears to connect with the Bay Trail alignment within Ravenswood Open Space Preserve. The District's Board of Directors would have to approve any changes to the Preserve and we ask that you coordinate with District staff when seeking to implement this idea to make sure that the design and construction do not negatively impact the natural resources in the area, or the recreational opportunities that currently exist on District property. 33o Piste!Circle 650-691-i2oo info@openspace.org BOARD OE DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Curt Riffle,Nanette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton Planning Commissioners 2 City of East Palo Alto February 23,2007 Lastly, the DBAP also identified two pocket parks adjacent to Ravenswood Open Space Preserve: one at the end of the Facciola neighborhood trail connection(PP5) and one near the end of Bay Road (PA3), adjacent to the District's existing Preserve gate. Again,we'd like to stress the importance of early coordination with District staff to help ensure that new recreation facilities adjacent to the Preserve do not result in negative impacts. Also, the DBAP describes the pocket park off Bay Road as being accessible by vehicles (PA3) and potentially developed to provide extra parking for Cooley Landing. The District is concerned that any substantial amount of parking developed at the gateway of an open space preserve may impact the character of the site and result in carrying capacity issues if the available parking increases the number of people that are allowed to visit the area beyond what is sustainable by the land. We appreciate the opportunity to review and comment on the DBAP and look forward to future discussions on the Bay Access Plan with the City of East Palo Alto. If you have any questions regarding our comments,please contact Ana Ruiz, Senior Planner, at (650) 691-1200. Sincerely, �7 Sally Ri Assistant General Manager SR:mfamr CALIFORNIA LEGISLATURE-2Oo7—O8 REGULAR SESSION ASSEMBLY BILL No. 697 Introduced by Assembly Member Ruskin February 22, 2007 An act to amend Sections 5544.2 and 5549 of the Public Resources Code, relating to parks and recreation. LEGISLATIVE COUNSEL'S DIGEST AB 697, as introduced, Ruskin. Parks and recreation: districts: expenditures and repayment of indebtedness. (1) Existing law provides for the creation and powers and duties of regional park districts, regional park and open-space districts, and regional open-space districts. Existing law authorizes those districts to acquire all necessary and proper lands and facilities by means of a plan to borrow money or by purchase on contract. Under existing law, indebtedness that is incurred in that manner on or after July 1, 1982, is generally required to be repaid during a period that does not exceed 20 years from the date on which it is incurred.Certain indebtedness incurred in that manner by the East Bay Regional Park District is required to be repaid in a period that does not exceed 30 years,and make conforming changes. This bill would require the indebtedness that is incurred in that manner by any of those districts on or after January 1,2008,to be repaid during a period that does not exceed 30 years. (2) Existing law authorizes,with the approval of the board of directors of the district, the general manager of the East Bay Regional Park District,the Midpeninsula Regional Open Space District,or the Sonoma County Agricultural Preservation and Open Space District to bind the applicable district, in accordance with board policy, and without 99 AB 697 —2— advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose, including the new construction of a building, structure, or improvement in amounts not exceeding $25,000. This bill would increase the above spending limitation to $50,000. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of'California do enact as follows: I SECTION 1. Section 5544.2 of the Public Resources Code is 2 amended to read: 3 5544.2. (a) A district may acquire all necessary and proper 4 lands and facilities, or any portion thereof, by means of a plan to 5 borrow money or by purchase on contract. 6 (b) The amount of indebtedness to be incurred shall not exceed 7 an amount equal to the anticipated property tax revenue allocations 8 for the next five-year period derived pursuant to Chapter 6 9 (commencing with Section 95) of Part 0.5 of Division I of the 10 Revenue and Taxation Code or the anticipated tax income for the I I next 20 yew period of repayment provided in subdivision (c) or 12 (d), derived pursuant to Section 50077 of the Government Code, 13 or both.-A44 14 (c) All indebtedness whieh that is incurred on or after July 1, 15 1982, pursuant to this section shall be repaid during a period not 16 to exceed 20 years from the date on which it is incurred and shall 17 bear interest at a rate not exceeding 10 percent per annum, or the 18 rate allowed pursuant to Section 53531 of the Government Code, 19 if higher,payable annually or semiannually or in part annually and 20 in part semiannually. Notwithstanding any other provision of this 21 section, with respect to the East Bay Regional Park District only, 22 all indebtedness incurred pursuant to this section for acquisition 23 of lands and facilities designated in the district's master plan, 24 including the Chabot Ridgelands, shall be repaid during a period 25 not to exceed 30 years and at a rate not exceeding the rate allowed 26 in this section for other districts.All other acquisitions of land and 27 facilities by the East Bay Regional Park District not designated in 28 the master plan are subject to the 20-year repayment period 29 limitation of this section. Eaeh 99 —3— AB 697 1 (d) Notwithstanding subdivision (c), all indebtedness that is 2 incurred on or after January 1, 2008, pursuant to this section, 3 shall be repaid during a period not to exceed 30 years from the 4 date on which it is incurred and shall bear interest at a rate not 5 exceeding 10 percent per annum, or the rate allowed pursuant to 6 Section 53531 of the Government Code, if higher,payable annually 7 or semiannually or in part annually and in part semiannually. 8 (e) Each indebtedness shall be authorized by a resolution 9 adopted by the affirmative votes of at least two-thirds of the 10 members of the district board,shall be evidenced by a promissory 11 note or contract signed by the president of the board and attested 12 by the secretary or treasurer, and shall be sold at not less than 95 13 percent of the principal amount in the manner determined by the 14 board at a discount whieh that equals the underwriter's spread. 15 The board shall determine that the discount reflects an 16 underwriter's spread whieh that is both reasonable and customary 17 under the prevailing market conditions. One of the two signatures 18 may be by facsimile reproduction. At the time of making the 19 general tax levy after incurring each indebtedness and annually 20 thereafter until the indebtedness is paid or until there is a sum in 21 the treasury set apart for that purpose sufficient to meet all 22 payments of principal and interest on the indebtedness as they 23 become due, a portion of the taxes levied and collected pursuant 24 to Section 50077 of the Government Code, if any, shall be levied 25 and collected and set aside sufficient to pay the interest on the 26 indebtedness and the part of the principal that will become due 27 before the proceeds of a tax levied at the next general tax levy will 28 be available. 29 (e) 30 (/) The indebtedness authorized to be incurred by this section 31 shall be in addition to, and the provisions of this section shall not 32 apply to, any bonded indebtedness authorized by vote of the 33 electors. 34 SEC.2. Section 5549 of the Public Resources Code is amended 35 to read: 36 5549. (a) The general manager has the following administrative 37 and executive functions,powers,and duties.The general manager 38 shall do all of the following: 39 (1) Enforce this article and all ordinances and regulations of the 40 district. 44 AB 697 —4- 1 (2) Appoint subordinates, clerks, and other employees, and 2 exercise supervision and control over all departments and offices 3 of the district. Those appointees shall hold employment at the 4 pleasure of the general manager. 5 (3) Attend all meetings of the board unless excused by the board. 6 (4) Submit to the board for adoption any measures,ordinances, 7 and regulations he or she deems necessary or expedient. 8 (5) Enforce all terms and conditions imposed in favor of the 9 district or its inhabitants in any contract and report any violations 10 to the board or the police department, as appropriate. 11 (6) Prepare and submit the annual budget to the board, and 12 perform all other duties imposed by this article or by the board. 13 (b) (1) With the approval of the board, the general manager 14 may bind the district,in accordance with board policy,and without 15 advertising,for the payment for supplies,materials,labor,or other 16 valuable consideration for any purpose other than new construction 17 of any building, structure, or improvement in amounts not 18 exceeding ten thousand dollars($10,000),and for the payment for 19 supplies,materials,or labor for new construction of any building, 20 structure, or improvement in amounts not exceeding twenty-five 21 thousand dollars ($25,000). All expenditures shall be reported to 22 the board of directors at its next regular meeting. 23 (2) Notwithstanding paragraph (1), with the approval of the 24 board,the general manager of the East Bay Regional Park District, 25 the general manager of the Midpeninsula Regional Open Space 26 District, and the general manager of the Sonoma County 27 Agricultural Preservation and Open Space District may bind those 28 districts,in accordance with board policy,and without advertising, 29 for the payment for supplies, materials, labor, or other valuable 30 consideration for any purpose, including the new construction of 31 a"a building,structure,or improvement in amounts not exceeding 32 twenty five thottsand dollars ($25,000) fifty thousand dollars 33 ($50,000). All expenditures shall be reported to the board of 34 directors at its next regular meeting. 0 99 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: Craig Britton,General Manager From: Matt Freeman Planning Manager er Date: February 20 2007 Re: GrazingManagement Policy—Board of Director's edits from February 7,2007 g Y rY The District's Grazing Management Policy was tentatively adopted at the February 7, 2007 regular meeting of the Board of Directors and is attached to this memorandum. This version of the Policy includes all changes discussed by the Directors at the meeting, which are indicated in the text of the document through strikeetWunderline. Staff is currently completing grazing management plans for several District properties, the first of which will be completed for the former Big Dipper and Silva Ranches (Skyline Ridge Open Space Preserve). As discussed by the Directors and stated in the Policy, grazing management plans will be reviewed through the Use and Management Planning process and will require approval by the Board of Directors prior to implementation. Staff anticipates completion of this grazing management plan and approval by the Board of Directors in early spring. P:\Lenington\Grazing Policy board edits memorandum feb 28 2007 meeting.doc i � ! � February 2007 GRAZING MANAGEMENT ' �� GRAZING N��U�`� | x"� ��u�r��~nx�� nm"��m�u�m��~u�n�~n� o | The vegetation of the Santa Cruz mountains iscomprised oferich and diverse assemblage of plant species. This wealth of diversity was most evident within the grassland ecosystems that evolved under vorie�/ ofdisturbance pressures including fire and grazing by large 7�e�«�«�/J/''m/�yw�6/«/6'California'smm/��6xJx herds of ungulate mn|mmels' which are novvrnomt|yextinct. The flora that emerged has � � can 6o seen /x/6ofo,buo, been described as one of the most diverse,� npwoiwm rich and, unfortunately, also one of the wildflowers that emerge in t c most endangered ecosystems in the United States. q»ring/o0«wing winter'«/»s. The enivo| of early Spanish and Ang|o settlers initiated o particularly dramatic change in Sites with adequate species composition of California grasslands, primarily as a result of tilling the grasslands for management Y/non-native agriou|tunal crop production, reduction of native grazing animals and introduction of cattle � vegetation wdYreward�exo � herds brought over hmn n Europe and let loose on the new rangeland. This introduction of efforts with 6"^»/ifu/displays/J non-native plants and enirna|m, coupled with the concurrent suppression of fire on the oo/otfu/spring wildflowers . landscape as the western United States was eett|ed, resulted in the virtual complete replacement of the native grassland vegetation with a predominately mxotic, annual flora. By some estimates, nearly 80% The exotic vegetation is more competitive, pnoductive, and prolific than the native plants of the vegetation cover within within which it ooeximtm, and will tend to dominate and replace existing native grasses and Ca/iforn/ograsslands bexotic wildflowers. Over the last 150 years, coastal grassland areas have also experienced |arge' ,egcm//vw. scale conversion to agriculture or urban development. The remaining undeveloped grasslands face continued development pressure and are severely impacted by exotic, invasive organisms. District lands currently contain The District's open space preserves contain large ocnaaQen of gnymw|andm that in many mnoom have been degraded duo to the pressures described above K4onogennentofthese u/Y'/nzi»u��5JO0ucozo� � � gnaem|andhobitatmimd�minab|* horeduoetharimkofvvi|d�reandtonnoinhainviob|� native grassland habitat. The largest � contiguous grassland areas are plant communities. Vegetationmanagement using livestock grazing or other resource wit hin o�/x western management tools can be o substitute for native grazing animals and recurring fire to � � San Mateo Co«v/r� achieve the District's objective of pn*oen/ing, protecting and restoring the natural � environment. � � In 2003, the District completed the Service Plan for the San Mateo Coastal Annexation Area � Livestock ranching isosmall and accompanying Environmental Impact Report for expansion of the Ointhcym boundaries � � but vital�«n/o/the B4yA,«o� toinn|ude coastal San K4ataoCounty� The Service Plan racognizadthe uniquavalue ofthe � � � � agricultural economy. As with San K4abao County 000mbe| area and established Agricultural Policies to pnyeanxa and � any business that depends v» encourage viable agricultural use of land. The Policies and Implementation K8mmounam � local inftmoncmncand established in this Grazing Management Policy are intended to supplement and complement xun'/cex. livestock ranching b the Agricultural Policies in the Service Plan. Furthermore, these Grazing Management increasingly threatened with Policies will be implemented in a manner that is consistent with the Service Plan. � each ranch that goes out q/ � 6oxinmo. Every livestock � rancher depends onservices � � and supplies including � veterinary care,feed sales and 1{} Grazing Management � deli"e/y'/anv and ranch infrastructure supplies, and livestock transportation � � x,n'/cuv. Ax land is taken out^J Goal: Manage District land with livestock grazing that Is protective of ranching, all o/these services natural resources and that is compatible with public access; to, � and supplies are incrementally � � maintain and enhance the diversity of native plant and animal � � affected and may cease m � operate, increasing the burden communities, manage vegetation fuel for fire protection, help � � /orfamUiesonJ businessesw6o sustain the local agricultural economy, and preserve and foster � choose m keep ranching. appreciation for the region's rural agricultural heritage. � 1O-1 February 2007 GRAZING MANAGEMENT � Policies and Implementation MB@8UYes 10.1 Ensure that grazing is compatible with and supports wildlife and wildlife habitats. ° Inventory and asoaoa sensitive habitats to identify areas requiring special protection. The conservation of these onnos will take precedence over other uses and management practices that are determined to have an adverse effect on these � resources. . � ° Prepare site-specific grazing management plans by certified rangeland rnonmgur for preserves where grazing will be utilized as n resource management tool. The site-specific grazing management plan will be a component of the agricultural production plan developed through the Use and Management Planning process. The Use and Mana-gement Planning process provides for public input and Board api)roval of site-specific grazing management plans. " Manage agricultural |eooea and easements bo protect and enhance riparian areas and to maximize the protection or enhancement of water quality. (Water � Typicu/fencing used mcontrol Rmmmuroeo, Chapter7. Policy 74) livestock movement b 5-strand bur8wirefencing. Other � 10.2.2 Provide necessary infrastructure to support and improve � /v�/u&e4-xoon�6mr6��j6, ��razing ��ana��eK�ent��here appropriate. /n/mio,fenxing, wood rail fencing and temporary electric ° Utilize fencing that allows wildlife movement and fosters habitat connectivity. fencing that can 6o installed m seasonally restrict livestock m ° Provide water sources and protect water quality from degradation resulting from target areas o,exclude grazing animals. livmmok/rom sensitive areas. ° Encourage and assist grazing bononba on District land to provide range Wi/J/if/-friuxuyy/6ncur«no6/« improvements to nambmre or conserve wi|d|ond resources and to enhance range condition. v�tno8yoVw/k/oximo6m � move through^n area without = Inventory and assess roads and trails on District lands to identify significant erosion harm and with minimal and sediment sources —abandon and where feasible restore to a natural condition � in«cJ^^e»c poor|ydeaigneduroitedroadm. (NeterReoouncms. Chapher7. Po|ioiem7.3. 74) � 10.3 Monitor environmental response to grazing on District lands. � Residual Dry Matter(RDM)b ° Monitor forage utilization and distribution by grazing animals to assure appropriate � � m measure of the amount o/ amounts of residual dry matter remain on the ground to achieve desired resource � vegetation/efioxthe ground, management objectives. In the course of RDM monitoring, evaluate and report on � typically measured o/the end o/ wildland fire fuel levels that may result in an increased risk of wildland fire (see � the summer orfa8 Wildland Fire Fuel Management, Chapter YY). � Appropriate levels YfRDM u��mm�/mbm/6u�6 n�k6 � ' ° Monitor livestock use levels and infrastructure condition to insure conformity with � can inhibit new plant growth, lease provisions bocontribute to improved management. while maintaining adequate � | levels @'vegetation mprohibit ~ Monitor vi\d|mnd conditions with on emphasis on documenting the location, soil erosion. � distribution and abundance of native grasses, wi|dfloweru, and other native flora and fauna. " Monitor water quality in ponds and watercourses with unrestricted livestock access. " Monitor non-native vegetation response to grazing with on emphasis on documenting the location, distribution and abundance of target, invasive species. | 1O-2 � February 2007 GRAZING MANAGEMENT • Use information collected from monitoring to annually review rangeland conditions and response to livestock grazing. Use adaptive management decision making framework within grazing management plans. 10.4 Utilize different livestock species to accomplish vegetation Fire reduction is a great management objectives concern for some landowners. However, cattle are not able to 0 Research the effective use of cattle, goats, sheep, and horses to manage graze all land areas effectively vegetation on District lands. for fire protection purposes, such as steep slopes or slopes 0 Utilize appropriate species depending on management needs. partially vegetated with brush. In these instances,goats may be 10.5 Preserve and foster existing and potential grazing operations to an effective alternative. Goat help sustain the local agricultural economy herds can be rented for a short period of time and can be Establish longer term grazing leases to proy4de-enemis stab"lot promote financial moved with a goat herder and viability,for the operators and efficient land stewardship for the District. dog(s)along with portable fence enclosures. 0 Secure-Seek grants or other economic support for infrastructure maintenance and improvements. • Ensure site-specific grazing management plans are economically feasible and practical for grazing operators. 10.6 Provide information to the public about the region's rural agricultural heritage • At appropriate sites, install display boards highlighting historical and educational facts about ranching families and industry. 10.7 Provide public access in a manner that minimizes impacts on the grazing operation. • Grazing operators on District lands or lands under easement to the District shall be consulted when public access is being planned and considered for the property to minimize conflicts between the public and the grazing operation. • Prepare and distribute a brochure to educate visitors about etiquette for use of open space property with livestock animals. • 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. 10.8 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 appropriate agencies and interest groups, including the San Mateo County Farm Bureau and San Mateo County Agricultural Advisory Committee in the development of site-specific Use and Management plans and agricultural production plan components in the Coastside Protection Area. 10-3 February 2007 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. 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, including ruminants, such as cattle,goats,and sheep, as well as horses, and donkeys. 10-4 BA- 1 February 20, 2007 a sip' OPEN SPACE COUNCIL Craig Brittonkod Midpeninsula Regional Open Space District STEERING COMMITTEE 330 Distel Circle STEVE ABBORS Los Altos, CA 94022 East Bay Municipal Utility District C'RAIG ANDERSON LandPaths TIMOTHY BARRY Livermore Area Recreation and Park District Tl... Craig: R ALPH BENSON De Sonoma Land Trust MARK BERGSTROM American Land Conservancy BOB BERNER Thank you for Midpeninsula Regional Open Space District's recent Morin Agricultural Land Trust D,R oREf Palo Alto G BETTS membership renewal with the Bay Area Open Space Council. Your CRAIG N Midpeninsula Regionalal Open Space District $3,500 membership is essential to support the Council's ambitious efforts Open cRty o BR Brentwood to protect and steward important parks,trails, agricultural lands and City G Brentwood RON BROWN Save Mount Diablo natural habitats in the San Francisco Bay Area. ggHARON BURNHAM fri-Valley Conservancy MARY BURNS County of Sonoma RICH BURNS The Council is making great progress,working in collaboration with U.S.Bureau of Land Management SHEILA an Mate N Greenbelt Alliance and other partners, to identify regional conservation City of San Mateo JAY of Conco d areas—of important agricultural, recreational, and natural resource lands— DAN LATHER cG City of Walnut Creek in need of protection. These projects, Green Vision 2025 and Upland JOE CIOLEK Agricultural Trust of Contra Costa County Habitat Goals,"would not be possible without your continued support PATRICK CON DON Santa Clara County Open Space Authority BOB DOYLE and participation. East Bay Regional Park District C,RAIGE EDGERTON Silicon Valley Land Conservancy L I N u S E U K E L Please be sure to mark your calendars for the Ninth Annual Open Space Muir Heritage Land Trust MARILYN FARLEY Conference on June 13 2007. Last year's conference was our largest Solano Land Trust Save thKIN Redwoods ague ever,with over 350 in attendance. This year we expect an even better BARBARA HILL California State Parks Foundation conference with inspirational speakers, local organic food and networking JOHN HOFFNAGLE Land Trust of Napa County with exhibitors, sponsors and partners. Conference details are available on DAVID HOLLAND County of San Mateo BETH HUNING our new, improved website at www.openspace.org. San Francisco Bey Joint Venture AMY HUTZE`L California Stale Coastal Conservancy ZOE KERSTEEN-TUCKER Your continued support and partnership allow us to build on our collective Half Moon Bay Open Space Trust LISA KILLOUGH County of Santa Clara successes. If you have any questions or input on how we can better serve Brentwood AgricNultural Land Trust you,please do not hesitate to contact me at(415)460-1540. ANDREA MACKENZIE Sonoma Cou❑ty Aa[icultural Preservation and open Space Distrito JANET McBRIDE isince ly Bay Araa Ridge Trail Council , McNAM $HAR IS POWELL E /� Merin County Open Space District CNRIS POWELL U.S.National Park Service KERRY JD RICKETTS-FERRIS City of Oakland K. Ring AUDREY RUST Peninsula Open Space Trust BARBARA SALZMAN Executive Director Merin Audubon Society JOHN SKEEL City of San Ramon FRED SMITH City Brisbane FEB 26 2007 MIKE STALLINGS City of Daly City BRIAN ST N Sempe'virensFund �iDMzNJI�Sl LA GEl iLNAL QPL TOM .STEINBACH SPACE Greenbelt Alliance 'L DISTRICT MEDEL STEWART U.S.Fish and Wildlife Service KAREN SWEET Alameda County Resource Conservation District TERRI THOMAS The Presidia,Trust LAURA THOMPSON I BAY AREA OPEN SPACE COUNCIL San Francisco Bay Trait Project The NatDure Conserv,nay Bettina Ring, Executive Director TrueWIRTH for Public Land 171 Crescent Road,San Anselmo,CA,94960 a phone&fax:415-460-1540 JOCC County off NapsRY bettino@openspacecouncil.org a www.openspacecouncil.org r Map 5: RBD Conceptual Network of Pocket Parks PP7 PP5 PA6 PA4 PA3 PP2 PA I DESCRIPTION LEGEND AIEk Existing Bay Trail Proposed Trail on • • ■ • • • • • Nis Bay Trail Alignment approved in 2004 by East Palo Alto City Council ' ' • • ' • • • ' ' Proposed Pocket Park Accessible by Auto PA1 Proposed Pocket Parks accessible by Pedestrians pp1 Draft East Palo Alto Bay Access Master Plan 28 Regional Open Space s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 18, 2007 Jeanine Dewald Associate Wildlife Biologist California Department of Fish and Game Central Coast Region 20 Lower Ragsdale Drive Monterey, CA 93940 Subject: Annual Deer Surveys—Midpeninsula Regional Open Space District Dear Ms. Dewald: Please find enclosed a table and charts summarizing the 2006 counts of deer on preserves of the Midpeninsula Regional Open Space District and in the counties of San Mateo and Santa Clara, California. The purpose of annual fall deer surveys is to track general trends in the deer population. The surveys are not an exact count of the herd as not.all preserves are covered and surveys are conducted on consecutive nights in the fall rather than all at one time. The deer surveys are conducted during the rut in the first quarter to half moon phase in October and before heavy rains make roads undrivable. Surveys are started V2 hour before sunset and continue until 1%2 hours after sunset. Two observers drive slowly along designated routes using a 1- or 2- million candlepower spotting light and binoculars. The number of does, bucks, fawns and antler points on bucks are recorded. Observations of other wildlife are noted. The data is analyzed to determine the number of deer observed per mile driven and the number of deer observed per hour of observation. There was a decrease in the number of deer observed in 2006. Since ly, rtv- I Cindy Roessler Resource Management Specialist cc: Donald Kelly, CDFG-Yountville Attachments: All Preserves: Deer Observed/Mile, All Preserves: Deer Observed/Hour, MROSD Deer Survey Data 1 Deer Surveys- Midpeninsula Regional Open Space District San Mateo and Santa Clara Counties, California Total Number of Deer on All Preserves 200 X 0r r Es3 i- t r 180 160 140 - - - - --- - _ - --- y 120 — — — -- a� r.- 100 - ------ - --- E - Z 80 60 40 i 20 0 1993 1994 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Year All Preserves: Deer Observed/Hour Page 2 of 5 1/24/2007 Deer Surveys - Midpeninsula Regional Open Space District San Mateo and Santa Clara Counties, California Average Number of Deer Observed I Mile Surveyed: All Preserves 8.00 7.00 6.00 5.00 4.00 - Q 3.00 2.00 1.00 i 0.00 1993 1994 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 All Preserves: Deer Observed/Mile Page 3 of 5 1/24/2007 Deer Surveys - Midpeninsula Regional Open Space District San Mateo and Santa Clara Counties, California Average Number of Deer / Hour Surveyed: All Preserves 25.00 20.00 L O 15.00 o a� E Z 10.00 -- Q I 5.00 - 0.00 1993 1994 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 All Preserves: Deer Observed/Hour Page 4 of 5 1/24/2007 Deer Surveys-Midpeninsula Regional Open Space District San Mateo and Santa Clara Counties,California Deer/Mlle Deer/Mile - Deer/MUe Deer/Mile Deer/Mile Deer/Mile Deer/Mlle Deer/Mlle Deer/Mile Deer/Mile Deer/Mile Deer/Mile 1993 1994 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 A ear:All Preserves 3.58 1.66 2.59 2.85 2.27 6.78 4.54 3.73 2.73 4,37 2.50 2.02 Fremont Older 0.70 1.60 1.50 5.00 3.64 1.52 5.71 1.88 2.08 La Honda 2.25 2.14 1.46 1.95 3.1 0 Long Ride 1.06 3.75 2.27 3.47 3.06 2.8 3.125 Monte Bello 3.48 0.43 2.261 0.88 0.87 1.69 1.34 1.86 0.62 2.88 2.6 1.60 Picchetti Ranch 4.84 17.50 6.32 5.83 11.67 4.62 0.91 Rancho de Guadelupe 3.33 2.54 3.23 3.85 0.91 3.97 0.87 0.68 Rancho San Antonio 3.09 4.64 3.45 15.27 6.19 2.60 4.13 1.75 1.08 Russian Ride 2.89 4.00 3.51 2.15 7.74 4.15 2.00 3.33 3.24 1.46 Skyline Ride 5.00 2.89 4.00 2.74 0.52 5.65 1.54 7.60 2.60 0.5 4.29 Windy Hill 2.73 1.25 3.6 5.00 Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour 1993 1994 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 A ear:All Preserves 8.29 8.00 11.02 10.95 9.73 20.98 15.80 13.07 7.27 11.69 7.86 8.33 Fremont Older 4.00 6.67 9.58 15.50 12.80 5.60 12.00 6.92 6.94 La Honda 9.00 7.19 2.83 4.00 6.50 0 Long Ride 5.00 16.00 7.14 12.88 8.98 8.24 15 Monte Bello 9.20 4.00 14.00 6.55 6.00 9.46 13.60 11.61 3.43 16.52 12.40 7.69 Picchetti Ranch 15.00 42.00 24.00 8.40 11.97 10.53 L59 Rancho de Guadelu a 9.23 12.80 16.00 10.00 3.85 16.67 3.00 2.86 Rancho San Antonio 12.29 18.29 17.82 48.00 26.59 9.68 18.86 10.00 5.65 Russian Ridge 8.80 14.00 11.43 8.84 18.00 8.64 5.00 10.00 9.60 5.71 Skyline Ride 6.67 12.00 16.00 13.33 2.77 12.00 3.751 17.54 6.19 1 16.98 Windy Hill 8.57 3.53 10.4 20.83 1993 19941 19971 1998 1999 2000 2001 2002 2003 2004 20051 2006 Total Deer:All Preserves 42 171 651 122 94 140 J 41 131 102 190 1251 94 i MROSD Deer Survey Data Page 5 of 5 1/24/2007 Integrated Resource Planning and Management Program Monthly Summary: January 2007 Natural Resource Planning and Management Lead Progress Project/Description Department Cultural Resources Picchetti Ranch Wine Seismic U ade ---7PIanning Installed interpretive signs for project. ry pgr Ecological Restoration Rare,Threatened and Endangered Species Management Thornewood OSP Schilling Lake Assessment and Initiated contract with consultant to assess Restoration Planning Schilling Lake for habitat suitability and ecolop,ical health. Guided field staff in complying with new Herbicides and Endangered Species Operations injunction regarding new injunction on use of herbicides in red-legged frog habitat. Resource Program Planning and Policy Development Invasive Species Resource Management Policy Operations Conducted first workshop with Board on Invasive Species Management. Vegetation M anagement Grazing Program—Big Dipper/Silva Ranches Planning Solicited bids for fencing contractors to install 1.5 miles of fence along Alpine Road. Cut and treated stumps of eucalyptus trees at Pulgas Ridge Open Space Preserve and Williams property of Sierra Azul. Pulled, flamed and mowed broom at Bear Creek Redwoods,Monte Bello, Los Trancos, Skyline Ridge,Windy Hill,La Honda, Thornewood, Saratoga Gap,Russian Ridge, Purisima Creek,and St Joseph's Hill. Cut& Invasive Plant Control -Various Operations treated stumps,pulled and sprayed sprouts of acacia at Bear Creek Redwoods and Thornewood. Dug out purple star thistle rosettes at Russian Ridge. Pulled ivy at Thornewood and Purisima Creek Redwoods. Volunteers pulled mature broom at Memorial Grove on Purisima Creek Redwoods. Continued winter sampling including La Sudden Oak Death Operations Honda, Windy Hill, Long Ridge, Saratoga Gap and El Corte de Madera. Vegetation Management cont. Operations Worked with consultant on development of Slender False Brome Public Affairs public outreach program. Inspected Filoli for slender false brome not present). Water Quality Protection Graded and installed erosion control at former Sierra Azul Operations building site on Twin Creeks/Interiano property. Met with Department of Fish and Game staff Dennis Martin Creek Road at Thornewood Planning to determine suitability of bridge crossing and developed options for crossing. 5-Year MOU with CA Dept. Fish and Game: Lake Planning Revised application and developed additional and Streambed Alteration Agreement Operations Administration best management practices for permit. ECdM Watershed Protection Program Planning Ongoing sediment monitoring.Operations San Francisquito Creek Watershed Proposition 50 Planning Met with Water Board staff to discuss grant Grant projects timeline and scope. San Gregorio Creek Watershed Proposition 40 Met with grant partners to discuss watershed Grant Planning an re aration and scope. Road and Trail Erosion Inventory Planning Consultant completed draft reports for Los Trancos,and Thornewood preserves. Wildlife Management Coordinated reported sightings of mountain Mountain Lion Sightings Operations lions at Windy Hill(signs posted),Rancho San Antonio, and Sierra Azul. Training Operations Attended Wildlife and Invasive Plants Symposium sponsored by the Wildlife Society. Denotes project not included within FY 06-07 Action Plan. - 2 - Recorded at the request of and when recorded return to: Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3614 Attn: Chief Executive Officer No Documentary Transfer Tax Due: L'xcmpt From Recording Fees: Revenue & Taxation Code §11922 Government Code §§6103, 27383 GRANT OF EASEMENT AND LICENSE WHEREAS, the Santa Clara Valley Water District, a public district ("SCVWD"), was formed to develop, transport, store, protect, and deliver water; and WHEREAS, the Midpeninsula Regional Open Space District, a public district ("MROSD"), was formed by voter initiative to solicit, receive, and hold conveyances of real property and partial interests in real property by purchase, exchange, gift, or bargain purchase for conservation, scenic and open space purposes; and WHEREAS, MROSD owns certain lands lying in and adjacent to the banks of Guadalupe Creek, between the outlet of Guadalupe Reservoir and the confluence of Guadalupe Creek and Pheasant Creek and including that certain public roadway known as Hicks Road, all in Santa Clara County, and more particularly described herein; and WHEREAS, SCVWD is obligated to undertake that certain project known as the Upper Guadalupe River Fish Passage Modifications Concrete U-Frame Channel at Guadalupe Creek, ("Project"); and WHEREAS, MROSD finds the Project is consistent with its mission and is therefore fully supportive of the goals of the Project; and WHEREAS, the Guadalupe River Watershed is the subject of a process under §303(d) of the Clean Water Act [3-3) U.S.C. §§1251 et seq. (1977)] to develop and allocate an appropriate Total Maximum Daily Load ("TMDL") for mercury under the leadership of SCVWD and the California Regional Water Quality Control Board, San Francisco Bay Region ("RWQCB"); and WHEREAS, the potential for the presence of mercury exists on and about the Easement Property as defined in Paragraph I below; and l WHEREAS, MROSD and SCVWD agree that SCVWD should assume all liability and responsibility for any release or discovery of Hazardous Materials, including but not limited to mercury in any form, as a result of, or in any connected with, the Project; NOW THEREFORE, consistent with the recitals set forth above, and for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and because of the mutual covenants, terms, conditions, and restrictions contained in this Agreement, pursuant to the laws of the State of California, SCVWD and MROSD agree: 1. Grant of Easement and License. MROSD hereby grants, and SCVWD hereby accepts, a permanent easement over, in, and on that portion of Guadalupe Creek owned by MROSD lying northerly of Hicks Road, as generally depicted on Exhibit A and as specifically described in Exhibit B, both attached to and incorporated in this Agreement by this reference (the "Easement Property"), for the purpose of conducting the authorized project activities ("Authorized Project Activities") identified in Paragraph 3 below to implement the Project described in Paragraph 2 below. MROSD also grants SCVWD a revocable License over the real property generally depicted in Exhibit C (the "License Property"). The Easement Property and the License Property shall hereafter be collectively referred to as the"Property". 2. Project Description. The Project consists of the construction and maintenance of the Upper Guadalupe River Fish Passage Modifications as described in the following documents: (a) Final Map and Construction Plan (dated February 2006) (b) Final Specifications and Contract Documents (dated March 2006) (c) Operations and Maintenance Guidance Manual (dated January 16, 2007) Each of these documents (collectively, the "Project Documents") is fully incorporated into this Agreement by this reference. 3: Authorized Project Activities. The Authorized Project Activities involve modifying the existing I I00-foot long concrete U- frame channel in a section of Guadalupe Creek approximately 2,000-feet upstream of the Pheasant Road intersection, as more specifically set out in the Project Documents identified in Paragraph 2 above and the maintenance thereof. 4. Requirements and Restrictions. In connection with the perfonnance of the Authorized Project Activities hereunder, SCVWD shall at all times: 2 (a) Cause its employees, consultants, agents, contractors, subcontractors and their respective employees who perform Authorized Project Activities to adhere to the scope of work and all of the specifications, design criteria, applicable laws, codes and standards, work, material, equipment, pollution and storm water controls, work scheduling and coordination requirements, and all other requirements, practices and restraints set forth in the Project Documents. (b) Ensure that MROSD is provided with accurate work schedules indicating when each of the Authorized Project Activities will be performed on the Property. (c) Ensure that the existing sidewalls of the U-frame channel are not altered or modified in any way, and are protected-in-place from damage by the Authorized Project Activities. (d) Ensure that no new discharge pathways are created into Guadalupe Creek in connection with the Authorized Project Activities. (e) Ensure that any sediments removed from the U-Frame Channel and Guadalupe Creek are properly characterized, managed as Hazardous Waste if required under federal or California environmental laws, and properly disposed of according to such laws, all at no cost or expense to MROSD. SCVWD agrees that MROSD shall not be deemed a generator of any solid, liquid, or Hazardous Waste generated in connection with performing the Authorized Project Activities. (f) Ensure that all areas of the Guadalupe Creek's banks altered in connection with performing the Authorized Project Activities are restored to a condition that will prevent erosion and sediment from entering Guadalupe Creek. 5. Additional Conditions for Maintenance Monitoring and Remediation. Authorized Project Activities on the License Prop erty are limited solely to the a Autho P Y Y J maintenance and monitoring purposes set out in Paragraph 3 and subject to the requirements and restrictions set out in Paragraphs 4 hereof. The License granted herein is revocable by MROSD, at its sole discretion, upon 72-hour written notice to SCVWD. (b) SCVWD shall notify MROSD and all other public entities with jurisdiction over such matters, at least 72 hours in advance of any Authorized Project Activities that will require closure or otherwise restrict access on Hicks Road. (c) SCVWD shall notify MROSD and all other public entities required by law to receive notice at least 48 hours in advance of an Authorized Project Activities that such no i Y J involve sampling in any medium (air, soil, or water)the product of which will be subjected to laboratory analysis and will result in a data point or other report and shall y promptly provide MROSD with copies of all such reports, analysis and data points without cost to MROSD. (d) SCVWD shall at all times obtain, and act in full compliance therewith, all permits and entitlements required for Authorized Project Activities on the Property and shall provide MROSD with copies of such promptly upon issuance thereof. (e) SCVWD shall, at all times when conducting Authorized Project Activities on the Property, maintain the insurance coverage as set out in Paragraph 18 hereof. (f) Upon request, promptly provide MROSD, upon request, with copies of all documents, reports, analyses, data, photographic or video materials, and any other material concerning the Project or the Authorized Project Activities without cost to MROSD. 6. Reasonable Care. SCVWD shall cause its employees, consultants, agents, contractors, subcontractors and their respective employees to perform their work activities on the Property, including but not limited to the Authorized Project Activities, in a safe and workmanlike manner. 7. Damage to Property. SCVWD shall promptly repair any damage to the Property, and to any trees, equipment, personal property, buildings, structures or other improvements to the Property (collectively, "Damaged Property") caused by, arising from, or in connection with the entry on or use of the Property, or any activities undertaken thereon by the SCVWD or its employees, consultants, agents, contractors, subcontractors and their employees, including but not limited to damages resulting from failure to adhere to the Project Documents. SCVWD shall restore any damage arising from Authorized Project Activities in, to or on the Property to a standard equal to, or better than, the condition existing prior to such damage. If the Damaged Property is beyond repair, SCVWD shall pay for the Damaged Property at replacement cost. 8. Waste. Any and all solid, liquid or other form of Hazardous Waste generated by SCVWD's employees, consultants, agents, contractors, subcontractors or their respective employees shall remain the property of the SCVWD. At no cost or expense to MROSD, SCVWD shall remove any and all such Hazardous Waste as soon as practicable and no later than required by law, and cause it to be disposed at a licensed disposal facility that accepts the type of Hazardous Waste at issue. 9. California Health & Safety Code Section 25359.7 Notice. Pursuant to California Health & Safety Code Section 25359.7, MROSD hereby gives notice to SCVWD, and SCVWD hereby acknowledges receipt of such notice from MROSD, that MROSD has reasonable cause to believe, based on prior mercury mining operations in the vicinity of the 4 i Property, that a release of hazardous substances has come to be located on or beneath the Property. 10. Indemnification and Hold Harmless. SCVWD agrees to indemnify, protect, defend (with counsel reasonably acceptable to MROSD) and hold MROSD harmless from and against any and all claims, demands, orders, information jrequests, causes of action, actions, suits, administrative or other proceedings, costs, losses, expenses,judgments, damages, penalties, fines and liabilities, whether known or unknown, absolute or contingent, foreseeable or unforeseeable or liquidated or unliquidated arising out of, directly or indirectly, or in any way connected with SCVWD's use of the Property for the Authorized Project Activities, and any activities related in any manner to the Project, including without limitation, claims arising from Project impacts off of the Property ("Claim" or "Claims"). SCVWD's indemnification of MROSD shall include, without limitation, any Claim for soil, groundwater or other environmental investigation, monitoring, testing, remediation or cleanup of any kind, or personal or bodily injury relating to the presence or potential presence of mercury, mercury compounds or any other Hazardous Material. Claims shall also include, without limitation, those arising from (i) short-term construction related disturbances to stream sediments causing transport of sediments downstream; (ii) long-term altered stream geomorphology and hydrology causing erosion and transport of sediments downstream, and (ill) excessive erosion and d potential failure or xcessi the U-frame e channel causing instability an o damage to g Y p " Material" includes, without u ed in this Agreement, eement the term "Hazardous Ma erial sediment transport. As s g limitation, all substances that are now or in the future identified, regulated or controlled by any local, state or federal law or regulation as a"hazardous substance," "hazardous material," hazardous waste," or"toxic substance" including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. ("CERCLA"), the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. " the Clean Water Act 33 U.S.C. 1251 et se the Carpenter-Presley-Tanner CRA � ( R � q Hazardous Substance Account Act, Cal. Health & Safety Code § 25300 et seq. ("HSAA Hazardous Waste Control Law, Cal. Health & Safety Code § 25100 et seq., Porter-Cologne Water Quality Control Act, Cal. Water Code § 13000 et seq., or the Safe Drinking Water and Toxic Enforcement Act of 1986, Cal. Health & Safety Code § 25249.5 et seq. 11. Release and Waiver. Except to the extent that a Claim arises solely from the active negligence or willful misconduct of MROSD, SCVWD releases and forever discharges MROSD from any claim at law or in equity, whether known or unknown, that SCVWD has or may have in the future arising out of the physical, environmental, or legal condition of the Property or SCVWD's use of the Property for the Project, including without limitation any claim for legal or equitable contribution or any claim under California Health & Safety Code Section 25359.7, CERCLA, RCRA or the HSAA or similar provision. SCVWD SPECIFICALLY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: 5 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTION OF THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 12. Remedial Action Responsibility. If required by the RWQCB, the California Department of Toxic Substances Control (DISC), the United States Environmental Protection Agency (EPA) or any other governmental authority having jurisdiction over Hazardous Material in the environment, SCVWD shall promptly commence and proceed with due diligence to complete any environmental investigation and remediation of any Hazardous Material at, in, under, around or emanating from the Property, arising from Authorized Project Activities, to standards that satisfy the requirements of any governmental authority exercising its jurisdiction. SCVWD shall be solely responsible for payment of the costs of all such investigation and remediation. 13. TMDL Credit. If implementation of the Project results in a credit in the RWQCB's TMDL process, SCVWD and MROSD agree that all of such credit shall be fully credited to and attributed to MROSD. 14. Compliance with Laws. At no cost or expense to MROSD, SCVWD and its employees, consultants agents, contractors, subcontractors and their respective employees shall obtain authorization for and perform the Authorized Project Activities in compliance with all federal, state and local statutes and ordinances, and with all regulations, orders, permits, and directives of appropriate governmental agencies that exist at the time the authorization is obtained and the Authorized Project Activities are performed. 15. Permits. At no cost or expense to MROSD, SCVWD and its employees, consultants, agents, contractors, subcontractors and their respective employees shall obtain any and all governmental permits licenses and approvals that are necessary for performing the Authorized Project Activities. 16. Liens and Claims. SCVWD shall not permit any environmental, mechanic's, materialmen's or other similar liens or claims to stand against the Property for labor or materials furnished in connection with performance of any of the Authorized Project Activities. Upon reasonable and timely notice of any such lien or claim delivered to SCVWD by MROSD, SCVWD may bond and contest the validity and the amount of such lien, but SCVWD will immediately pay any judgment rendered, 6 i will pay all proper costs and charges, and will have the lien or claim released at no cost or expense to MROSD. 17. Insurance. SCVWD shall cause all consultants, agents, contractors and subcontractors involved in performing the Authorized Project Activities, at their sole cost and expense, to keep in force at all times during the performance of the Authorized Project Activities, all of the following minimum insurance coverages: including coverage for {a} Commercial General Liability insurance covering all operations, g completed operations and for contractual liability and including all liability assumed under this Agreement. The property damage portion shall include coverages for "x," "c," and "u" hazards. The Bodily Injury and Property Damage Coverage shall have minimum limits of$2,000,000 per occurrence and aggregate. MROSD shall be named as an additional insured on all such Commercial General Liability insurance policies and SCVWD shall provide MROSD with all certificates of insurance evidencing such additional insured status, as set forth below, no later than three (3) business days before commencement of any of the Authorized Project Activities. If the standa rd ISO Form wording for OTHER INSURANCE is not contained in the policies, endorsements must be provided that Commercial General Liability insurance poll � s, p this insurance will be primary insurance and no insurance of the additional insured will be called upon to contribute to a loss. (b) Workers Compensation and Employers'' Liability insuranc e, including coverage under United States Longshoreman's and Harbor Worker Act, when applicable, with minimum $1,000,000 limits of Employees' Liability coverage and containing a waiver of subrogation in favor of MROSD. (c) Auto Liability insurance covering use of any automobiles with a Combined Single Limit of$1,000,000 per person and per accident. (d) All such insurance coverage shall not be cancelable, or subject to material change, without thirty (30) calendar days prior written notice to MROSD. SCVWD shall provide MROSD with an ACORD 25-5 Certificate of Insurance, or a successor or comparable form acceptable to MROSD, and shall at all times ensure that such form accurately reflects the coverages then in effect. The insurance coverages required herein may be met by a program of self-insurance or pooled risk with comparable coverages limits and acceptable to and approved in advance by MROSD. 18. Cooperation. The parties agree to use reasonable efforts to coordinate their activities so as to minimize any inconvenience to or disruption of MROSD's activities on the Property and to facilitate performance of the Authorized Project Activities. i 7 19. Notice. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other under this Agreement shall be in writing and shall either be served personally or sent by first class mail, postage prepaid, addressed as follows: To SCVWD: To MROSD: Santa Clara Valley Water District Midpeninsula Regional Open Space District 5750 Almaden Expressway 330 Distel Circle San Jose, CA 95 1 1 8-3686 Los Altos, CA 94022-1404 Attn: Chief Executive Officer Attn: General Manager Telephone: (408) 265-2600 Telephone: (650) 691-1200 Facsimile: (408) 266-0271 Facsimile: (650) 691-0485 or to such other address as either party from time to time shall designate by written notice to the other. 20. No Warranties or Representations. MROSD conveys, and SCVWD accepts, this Grant of Easement"AS-IS" without any warranties or representations as to the quantity of land or the location or extent of the Property, its condition, fitness or suitability for the Project. 21. General Provisions. (a) Controlling Law. The laws of the State of California shall govern the interpretation and performance of this Agreement. (b) Authority to Execute Agreement. Each party, and the individual executing on behalf of such party, commits and represents to the other party that it has full and final authority to execute this Agreement, and that no further action on the part of such party, its management, or Board of Directors is necessary to make this Agreement a valid and binding obligation of such party. (c) Liberal Construction. Any general rule of construction to the contrary notwithstanding, if any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. This instrument shall be construed in accordance with its fair meaning and shall not be construed against either party on the basis that such party prepared this instrument. (d) Severability. If any provision of this Agreement, or the application of it to any person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Agreement can still be carried out. 8 (e) Entire Agreement. This document, together with all of its Exhibits, constitutes the complete agreement between the parties regarding the matters set forth herein and any other communications, representations or warranties, whether written or oral, are of no force or effect upon and after execution of this Agreement. No Third Party Rights. This Agreement is made and entered into for the sole benefit and protection of SCVWD and MROSD and their respective successors and assigns. No person or entity other than SCVWD and MROSD and their respective successors and assigns shall have any right of action under this Agreement or any right to enforce its terms and provisions. (g) Successors. The covenants, terms, conditions, obligations and restrictions of this Agreement shall be binding upon, and inure to the benefit of SCVWD, MROSD and their respective successors and assigns, and shall continue as servitudes running in perpetuity with the Property. (h) Termination of Rights and Obligations. Except as expressly provided otherwise in this Agreement, a party's rights and obligations under this Agreement shall terminate upon the transfer of such party's interest in the Agreement, or of the fee title to the Property, as the case may be, except that rights, obligations, and liability relating to acts or omissions occurring prior to transfer shall survive transfer. (i) Captions. The captions in this Agreement have been inserted solely for convenience of reference and are not a part of this Agreement and shall have no effect upon construction or interpretation. Counterparts. SCVWD and MROSD may execute this Agreement in two or more 'counterparts with each counterpart deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (k) Attorney Fees. If legal action shall be brought by either of the parties, the party prevailing in the action shall be entitled to recover from the party not prevailing the costs of the suit and reasonable attorney's fees. For purposes of this Agreement, the reasonable fees for attorneys employed by either MROSD or SCVWD, either under contract or by statute, 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. 9 IN WITNESS WHEREOF, SCVWD and MROSD execute this Agreement: Santa Clara Valley Water District: By: Date: Stanley M. Williams Chief Executive Officer Approved as to Fornn and procedure: Attest: By: _ —_ By: Debbie Cauble I:7istrict Counsel District Clerk I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: By: Date: Kenneth C. Nitz President, Board of Directors Approved as to Form and Procedure: Attest: By: By: Susan Schectman Sally Rice General Counsel District Clerk 10 EXHIBIT A SANTA CLAR-S, COUNTY ■ N I ' 1 "=500' CG 9G4 i PARCEL 2 �Go� S .- 'Q0 i 90 PARCEL 1 LOCATION 1 ; ti y GUADALUPE WATERSHED GUADALUPE CREEK MIDPENINSULA REGIONAL PROJ. NO. 3026 FILE NO. 18 OPEN SPACE DISTRICT i APN 575-04-007 Sor*°Clcd-a jlN WOEw Disbict LOS GATOS, GA 9-0;2 , DRAV�N JGP DATE 07/15/05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT f SHEEf•3_. N C L.\I-).\L L1 E• RUBBISH r DISPOSAL CO. INC. DOC#458h042 p9 CI ' ' D z MIDI HMNSULA RI:GIONAI. o OPEN SPACE DISTRICT � DOC 1293303.1 r rn NE. L I o G N: m Mp7 , H GUADALUPE RUBBISH lllSi'US.�h CO. INC. . ccy� DOC*45S6042 1 rc� 575-04-006 c C-M o� Q � c6 BASIS OF BEARING: nn UD o The basis of bearing,N44°05'42'E along the southeasterly '; line of the lands described in the deed recorded as Document �uD EN �s SPACE REGIONAL M Number 4586042 of Official Records,Santa Clara County �]'>�� 51'AC12 33034 DISTRICT llOC x 12933rU4 Records was taken as the basis of bearings. �. 575-04-W7 o LO LU u LAND S ,i; �� AREAS TO BE ACQUIRED uj DWIGHT J. U BUSALA�CHI PARCEL 1 = 6478 Sq.Ft. or 0.149 Ac.± o 1 lLS1i-0) '2 PARCEL 2 = 4330 Sq.Ft. or 0.099 Ac.± f Area In Hicks Road = 2271 Sq.Ft. or 0.052 Ac.± 12 31-05 TOTAL = 13079 Sq.Ft. or 0.300 Ac.± 4 w TFO fi C 0 Ir o PROJ. NO. 13026 oSar*o Gara Valley Water pi�c{ SCALE: 1" = 300' FILE NO. 18 5 6 J APN 575-04-007 REV. APPR. DATE DESCRIPTION TITLE REPORT NO. 1 ( DRAWN JGP U 2 DATE 07/13/05 Sheet 1 of 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1 L1 T.P.O.B. MATCH LINE SEE SHEET 3 f I PARCEL 1 6 a � z I\ \ sy, ,Q22•., GUADA1,UPIE RL BBISI-1 DISPOSAL_ CO. INC. DOC 4"4586042 375-04-006 �o N11DPENINSliI.A REGIONAL OPEN SPACEE, DISTRICT DOC 4 12933034 575-04-007 o BASIS OF BEARING: s� 75 The basis of bearing, N44005'42"E along the southeasterly a Document line of the lands described in th e deed recordedas o Number 4586042 of Official Records, Santa Clara County Records was taken as the basis of bearings. �� P.O.B. (PARCELS 1 & 2) 0, Fd. Granite Mon. w LAND SC/ "C.C.C.F." / G �� DWIGHT J. oZ�9e J _U BUSALJT�C Ar �6�A 0 oa. 12 31-05 \� � 66 w TFOF CAS-1FO PROJ. NO. 3026 F- o SOf1�a CloroValley Wc�er Disrid SCALE: 1" = 100, FILE NO. 18 APN 575-04-007 z REV. AP PR. DATE DESCRIPTION TITLE REPORT NO. 0 I DRAWN JGP 1 DATE 07113J05 CIO Sheet 2 of 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT L15 LINE TABLE S27°5o D'2"E L14 a� LINE BEARING LENGTH r2n_B�9 L1 N83`46'15"E 42.30' L2 N11'11'37"E 20.90' L3 N00°38'42'E 12.83' See Detail Pd. L4 N29°06'29"E 22.24' i L5 N05°41'22"4Y 42.25 L6 N41°02'24-W 14.02' L7 S42'31'03"E 71.43' \oy• �} yd resv�Y L8 I N42'31'03"W 21.90' L9 N45'35'22"W 20.78' �3� CS 9 4S L10 N44'53'54"W 30.07' rF` DETAIL L11 N61°0456"W 45.51' �� Ao N.T.S. L12 N64°49'13"W 45.53' L13 N59°03'4B"W 46.40' PO L 14 N62'09'17"E 13.88' J 90 ty L i5 N62`09'17"E 12.97' L16 323`42'28"E 49.91' \�-5- !, L17 S23°42'28"E 12.59' 1 L I S62`45'5YE 7.89' CURVE TABLE j L1s s42'31'03"E 114.77' CURVE RADIUS DELTA LENGTH GL:1DALUPI IZL Iili]tiI1 C1 135.00' 35°21'02" 83.29' DItiPOSAI, C'0. INC. C2 420.00' 16'11'05" 118,64' DOC # I386042 C3 395.00' 9°23'39" 64.76' O 575-04-006 C4 455.D0' 6'50'42" 54.36' C5 455.00' 8'18'21' C6 i95.00' 31°13'47" 106.29' L1D T.P.O.B. J]IDPENINSU-LA REGIONAL L9 1 8 PARCEL 2 OPEN SPACE DISTRIC—l' DOC:# 12933034 L6 373-04-M7 BASIS OF BEARING: The basis of bearing, N44'05'42"E along the southeasterly r line of the lands described in the deed recorded as Document 30� 30.00, " --Proposed R/W Number 4586042 of Official Records, Santa Clara County V fV Records was taken as the basis of bearings. I L3 L2. Ri LAND DWIGHT J. o CU BUS CFI �.. 3 12-31-05 * L 1. r.P.o.B. F AL�FO� PARCEL 1 MATCH LINE SEE SHEET 2 C PROJ. NO. 3026 SOrka QaraVolley WcAef DiSlAd SCALE: 1" = 100' FILE NO. 18 APN 575-04-007 REV. APPR. DATE DESCRIPTION TITLE REPORT NO. DRAWN JGP 1 2 DATE 07r'13/05 Sheet 3 of 3 EXHIBIT B SANTA CLARA VALLEY WATER DISTRICT San lose. California v.B J,GAI�_CIA-PAUNIL . Dale: July 13, 2005 Date Revised: Revised By: Checked by: Date:.______ PROJECT: FISH PASSAGE MODIFICATIONS FOR U-FRAME CHANNEL IN GUADALUPE RIVER PROPERTY: MfDPENINSULA REGIONAL OPEN SPACE DISTRICT File No.: 3026-19 A 11 111"It cerijin I-c"ll property situate in the Count) OfSanta Clara, State of'California, described as f0llo vs,: Being a portion of the lands described as PARCELONE in the deed recorded as DOCLImentNuinbcr 1293304 ol'Official Records, in the office of the Recorder. County Of Santa Clara.. State of California, to wit: PARCEL ] BEGINNING at the found granite monument marked'CCCF"as described in the deed recorded as Document Number 4586042, Santa Clara County Record,-,.thence along the southeasterly line of the lands as described In said 'd deed, S44'05'42"W 66.00 feet to a point on the general northerly line of the land.,,described as PARCEL ONE in the deed recorded as Document Number 12933034, Santa Clara County Records, thence along said general northerly line as described in said deed, the Following three courses: N69'I I'38"W 50-00 feet: N,48`59'56"W 327.97 feet; N64'1 4'22'*W 481.34 feet to the general easterly line of the lands as described in said deed; thence along said general easterly line, N09"02'37"W 149,46 feet to the TRUE POINT OF BE GINN ING; thence leaving said general easterly line. S83'46' I 5-W 42.30 feet to a point on the northeasterly line ofl-licks Road as shown on that,certain Unrecorded Record ot'Sui-vev entitled"Baseline MOM)menta I ion of Hicks Road and Sur-rounding,", Santa Clara County Surveyor's Office; thericealoncy said northeasterly line ofHIcks Road. N06"06'55\k' 97.19 feet-, thence leaving said northeasterly line of Hicks- Road the folloAlllo COUr courses: NI I'l I '37"E, 20.90 feet, N00(39'42F_ 12.83 feet; N29"06"29"E 22.24 feet; N10504 1'22"%\' 42.25 1ect.: thence along a curve to the, left, having a radius of 135-00 feet, through a central an,-Ylc of .35"21 '02", for an arc. distance of83.29 feet, thence N4l`02'2)4"W 14.02 feet toci point orithe general ea.gic easterly line of the lands described as PARCEL ONE in the deed recorded as Document Number 12933034, Santa Clara County Records. thence along said general easterly line, S42`3 V03"71.43 feet-, thence continuing alonL, said general easterly line, S09'02'37"E 2222.80 feet to the TRUE POINT OF BEGINNING. Containing 6478 square feet or 0.149 acre of land, more or less. PARCEL BEG INN ING at the found granite monument nlarked"CCCF"as described in the deed recorded a., Document Number 4580042, Santa Clara County Records; thence along the southeasterly line Of the IMICIS as described In said deed, S44'05'421*W 66.00 feet to a point on the general norihcrlN,,.]in(:of the lands described as PARCEL ONE in the deed recorded as Document Number 12933014, Santa Clara C(Alrity Records, thence along said L,eneral northerly line as described in said deed. the folloxving three COM-sLs: N69'I 1 '.38\\. 50.00 feet; N48`59'56\\i 'I_27.97 feet: N64`14'22"W 481.34 feet to the general easterly line ofthe aforesaid PARCEL ONE,, thence along said general easterly line of said PARCEL ONE, N09'02'37%\! 172.26 feet, thence �_ontinuing --aid gcncral easterly line of said PARCEL ONE. N42"3 1 '103-\k' 93.33 feet to the TRUE POINT Cl: r):i C, .;1 r2r,,15 L10C Pzjix I A 2 1 OF BEGINNING; thence lcavinc, said general easterly line of said PARCEL.ONE, N45°35'22"W 20.78 feet; thence N44"53'S4"W 30.07 feet:. thence along a curve to the left, having a radius of 420.00 feet, through a central angle of 16'11 '05", for anarc distance of 118.64 feet; thence N61004'58"W 45.51 feet; (hence N, 64049'J 3"W 45.53 feet; thence along a curve to the left, having a radius of 395.00 feet, through a central angle o f 09°?3'39", for an arc distance of 64.76 feet to a point of reverse curvature; thence along a can-e to the right, having a radius of 455.00 feet, through a central angle of 06050'42", for an arc distance of 54.36 feet to a point on the northeasterly line of Hicks Road as shown on that certain Unrecorded Record of Survcy entitled" Baseline Monumen(ation of Hicks Road and Surrounding .Area", Santa Clara County Surveyor's Office, thence leaving said point,and continuing along said curve to the right, having a radius of455.00 feet, through a central angle of08O18'21'', for an arc distance of 65.96 feet: thence N59003'48"W 46.40 feet; thence:along a curVC to the right, having a radius of 195.00 feet, through a central angle of 3l'l 3'47' , for an arc distance of 106.29 feet; thence N62°09'17"E 13.88 feet to a point on said northeasterly line of said Hicks Road; thence leavin�.�said point. N62°09'17"E 12.97 Ceet to the aforesaid general easterly line of said PARCEL ONE;thence along said genera) easterly line of said PARCEL ONE, S23°42'28"E 49.91 feet to a point on said northeasterly line of Hicks Road; thence leaving said point,and continuing along said general easterly line of said PARCEL ONE, S23042'29"E 12.69 feet; thence continuing along said general easterly line of said PARCEL ONE, S62045'55"E 7.89 feet to a point on said northeasterly line of (-licks Road; thence leaving said point, and continuing along said general easterly line of said PARCEL ONE, S62045'557"E 405.74 feet; thence continuing said general easterly line ofsaid PARCEL ONE., S42031 '03" 1 14.77 feet to theTRUE POINT OF BL•GINNiNG. Containing 6601 square feet or 0. 151 acre of land, more or Jess. BASIS OF BE RING: The basis of bearing, N44"05'42"E along the southeasterly line of the lands described as Document Number 4586042 of Official Records, Santa Clara County Records was taken as the basis of bearings for this description. The description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. 2uiZicch � �iP ti D� iu,�t J. , LS Date c?�Q 1�N D SUNG Prepared by the Santa Clara Valley Water District, San Jose, CA e�,= 0t l fli l• Fa J L.S.7903 s EXP. 12-31-07 F 0F Cp,L1 Pa;c 2 of 2 114ic•n �llll 'L SANTA CLARA COUNTY ® N it I'I 1"=500' i �I CG q Off` i GAF N N O i N d ca 2 O u U O i 0 LOCATION i Y W W uj O Cr � I C� U) H U W � O oGUADALUPE WATERSHED GUADALUPE CREEK MIDPENINSULA REGIONAL PROJ. NO. 3026 o FILE NO. 21 6 OPEN SPACE DISTRICT APN 575-04-007 o °Cloy°Volley Water Dingy LOS GATOS, CA 950321 DRAWN JGP > DATE 12/15/06 U cn ItiIDPENINSULA REGIONAL OPEN SPACE DISTRICT ' N GI:ADALL-I'L•' RUBIJ1 1-1 -'� D19I'OSA1. CO. INC. \ 5;5•a�•ncx� s � a ' a EE . M1D1'I•aIN,L:LA RL-'(aUX.\L PARCE].ONh I o . MAt�N"LINE ...Tf. °n GUADALUPE Rt:MISH DISPOSAL CO. INC DOC u a 58("2 , � Ift 4os b N BASIS OF BEARING: *say cfl \ o The basis of bearing, N44'05'42E along the southeasterly �nnl 'N1N,L'L.\ RYGIONA line of the lands described in the deed recorded as Document OPEN SYACF MSrtttCr Number 4586042 of Official Records.Santa Clara County ucx'x 1293.1,03+ Records was taken as the basis of bearings. CD PARCEL ONI: 0 cD - u -A ND S AREA TO BE ACQUIRED LU DWIGHT J. U BUSALACCHI O 0.264 Ac.± c? y 12 31-07 Ar �TFOF CA�IFOQ� 0 a PROD. NO. 3026 0 oSarka QoraValley wder pisbid SCALE: 1" = 300' FILE NO. 21 fy, APN 575-04-007 REV. APPR. DATE DESCRIPTION TITLE REPORT NO. y 1 DRAWN JGP U 2 DATE 12/14/06 Sheet 1 of 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT N MATCH LINE SEE SHEET 2 i I rn ,Y 0 z � I �y. v _ \ GT:11I�:�]_IPI: 12t;13Y,t511 118 DISPOSAl- CO. INC. IOC # 4596042 a75404-006 "v11DPENINSLTI_A RE:GIONAI. 'Q0 OPT;:; SPACE DIS'I'RIC'1' \ DOC # 12933034 PARCEL ONE 0+-00; ocv \ ZQ BASIS OF BEARING: ss N srn The basis of bearing, N44°05'42"E along the southeasterly �000 line of the lands described in the deed recorded as Document 3oa° Number 4586042 of Official Records, Santa Clara County Records was taken as the basis of bearings. \ P.D.B. a w Fd. Granite Mon. w 1-AND S \ "C.C.C.F " U.J U CCN DWIGHT J. I &019 J _ BU5 O o. .. c9 P. 12 31 07 \* Oro. 0 9�FOF a PROJ. NO. 3026 0 o Srnta QafaV01�Water Di�i� SCALE: 1" = 100' FILE NO. 21 APN 575-04-007 REV. APPR. DATE DESCRIPTION TITLE REPORT NO. 1 DRAWN JGP 2 DATE 12/14/06 Sheet 2 of 3 I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LINE TABLE LINE BEARING LENGTH L1 N42'31'03'W 71.43' \ L2 S41"02'24"E 14.02' L3 S05"41'22"E 42.25' L4 S29"06'29"W 22.24' \ L5 S00'38'42"W 12.83' S L6 S11'11'37"W 20.90' L7 N55'42'25"W 12.31' LS S64-49.13-E 45-53' A r F L9 S61"04'58"E 45.51' I y \ L10 S44'53'54-E 30.07' L11 S45"35'22"E 20.78' C, �bo L12 S42"31'03"E 21.90' \ s� \� 7- 0.!8 CURVE TABLE Gl'A])A1.X.PE RL"BBISI] CURVE RADIUS DELTA LENGTH I)IS]'OSAI_ CO. INC. C1 135.00' 35°21'02" 83.29' 1 gyp. J)0C 4 4.586012 C2 455.00' 06"50'42" 54.36' C3 395.00' 09*23*39" 64.76' O us C4 420.00' 16"11'05" 118.64' 1 p0 \ L10 1' I �L JNSU]..A RCGIONAI. . I D I T.P.0.S. OPEN SPACE DISTRIC"I' sj L12 DOC 4 12933034 PARCEL E:ON ` L2 o 5%5-04-00-7 N N BASIS OF BEARING: C:? Z N � O The basis of bearing, N44'05'42"E along the southeasterlyCL I + o o line of the lands described in the deed recorded as Document u°;o w Proposed R/W 0 s n Number 4586042 of Official Records, Santa Clara County k n as the basis of bearings. ' L5 � Records was to s.e g Y j L6 o w \_AND w � S��✓ 30-00'r30.Op o DWIGHT J. J _V BUS HI J'HI ' EXP. 12 31-07 MATCH LINE SEE SHEET 3 0 �OF Cp, I o PROJ. NO. 3026 0 o Sa is OciaVQ11ey Wofer Disbid SCALE: 1" = 100' FILE NO. 21 0: APN 575-04-007 REV. APPR. DATE DESCRIPTION TITLE REPORT NO. 1 DRAWN JGP 2 DATE 12/14/06 Sheet 3 of 3 1 General News 2 / 14 - 2 / 28 i I� i 1 yid y. PAST ARCHIVES GO TO HOME PAGE Times Local News .................................................................................................... Craia Ed erton . protect and manage urban and non-urban g g f b open space in the areas of Campbell, announces resi na' Milpitas, Santa Clara, San Jose, Morgan g Hill, and southern Santa Clara County- tlon from Santa Clara The OSA has protected over, 10,000 acres of land through purchase or easement and County OSA Board contributed to conservation easements cov- en.ng an additional 2,180 acres. Craige Edgerton, a member of Santa Clara County Open Space Authority r (OSA)' Board of Directors"for the past six years, announced that the Jana 11 board meeting would be his last. Edgerton represented District 7, which { g encompasses a portion of southern San Jose east of Monterey Highway and the Evergreen area. During,his time on the board_;Edgerton ..served as both Chairperson and Vice Chairperson and also represented OSA in the,.-Santa--Clara County Habitat Plan development process:He called his tenure as a director,,"one of the best experiences of my life.." Involved in land preservation as a vol- .unteer.for more than 15 years;Edgerton is I urrently the Executive Director of Silicon Vallev Land Conservancy. At its meeting on Jana 25, the OSA Board of Directors is expected to consider establishing a process for filling the vacancy created by Edgerton's.,resignation. To qualify for-'the.position,'an applicant must be a.registered yoter.at least 18 years - old and.live within the boundaries. of District 7. The Santa Clara County Open Space Authority(OSA) is an independent special district created in `1993 to help preserve, e New Rork gimets How Old McDonald Keeps His Farm N 17tmz6 2-11 �-- �r By MATT ViLLANO In the milking parlor,he used his ative ways. With farm income for PESCADERO,Calif.—It was no thumb and forefinger to pinch a many family farmers still weak, ordinary business outing for Erik goat's udder and squeeze fresh milk many of them have been forced to di- Franks.Under a steely sky one re- into a bowl. versify their operations with nonag- cent Saturday morning,skyMr.Franks "The whole milking thing was a lot ricultural activities just to survive. and some colleagues from a nearby easier than I expected," said Mr. Farmers describe these activities law firm visited Harley Farms, a Franks,25,who works at Wilson Son- —on-site markets,seasonal festivals nine-acre dairy farm here,for a tour sim Goodrich&Rosati in Palo Alto,a and occasional overnight guests— .< and a crash course in the art of mak. one-hour drive away."Definitely not as agri-tourism. Most of these en- _ ing goat cheese. the way I spend an average Satur- deavors begin in the spring,making First,though,came an up-close- day."The outing was arranged by an already busy time of year even and-personal introduction to 200 the firm as part of a team-building more hectic.The benefits can be un- - American Alpine goats.The day be- exercise. deniable. gan in a pasture,where a dozen goats Mr. Franks's introduction to At Harley Farms,for example,the surrounded Mr. Franks and began ch6vre is part of an effort that has owner, Dee Harley, celebrates the NrM0110".lrrr H.—n... chewing on his clothes.Later,in the farmers reaching out to urbanites Continued on Page 9 Dee Harley gives 2 to 10 tours&ws&lr at her farm in Pbesdero,Calif. paddock,he held a four-day-old baby. and suburbanites in new and cre. �e tku V"k Tinter THE NEW YORK TIMES,SATURDAY,,FEBRUARY 17.2007 _l-f B9 How Old McDonald Keeps His Farm � T aMul 70 codes northwest of Des 1jM1d Ark k �, Continued From First Business Page Mounts The s,JeH aril JUI _�- _ BurYRart sell milk,cheese Dune' -a A anivd of halo oats D welcoming m and beN Irom a My storeSchoo YL corporate mn8 indep Braps,sitorsmo teams And y - pit Ne farm,and supplement profits independent visitors Nm her world with tars Ioralewhoursuponrequest-ABmld, Th�ellurs cNeta�rsHarky M.Harley gives 2 co 10 tan a week, year-round.The tars cost 310 a per Faarms host BurWan Introduces vis 3 son and comprise a least 25 percent hors to some of due anumals and LluM. t of Annie]revenue leads them through the malting pin '�. �..u7• ve"We couldn't su'h on (aura lot and bottling plant Out W the pas—_ V alone.but the on. we make from tore,she teaches them about the ., _ f�J✓.f In— certainty allows us to stay Cheese is Harley Farms passion Denehts of avoiding artlllcfd nor mall aril dedicated to quarry aril but tourism helps pay the bills mines.The two-hour experience con- / s cheese-mak sne said."It's dudes m the store,where<acR gue51 be.—A huge and Irreplaceable s a glass of milk and a dish of _ p r mmm c s had An average household M ere Ag Iou,ssm is nothing new,of e e of 31a,g{7—310,636 1 Na[ ce'The tars w •pleasant af- j x.For years,American farm- Irom ot1-fum acuvltes.By 2005,the terthought that has definitely blos. u co}have set up su Is of male to en- gap between profit sources had wId- med." Ms. Burkhart said.-Our ter[ha Wldree as well as t pick" nod,with the average Income at mom a coos from milk Arid apple,blueberry and strawberry k' $81,a20 and off-farm income equaling who we sell N the s re,but 4M6 a These rallons stW east Ssg,782. lour Sm rouses Ara money that oPe For many farmers today,agri- m handyewhen we need er"At's nonged,however,is be tansm is a way to reduce the need most ink climate that '—sunda for -unit job.Whlie the Depen- A dinar sin takes on a more rug- Nem.A recent study by the Leopold t of Agriculture does not keep god form a Sun Ranch N Cameron, Center for Sustainable Agnculture _isucs on how many of the caun- Mont Though Ne ranch Is a wmkin{ awbw�..o.su..w t Iowa site University indicates try's,1 mdua far,:" in Nu 11.ranch,every winter herds of Jane Hansen of Half Moon Bay,Ca if.,lank.over cheese a Harley Farms in Peacadero.Dee Harley said the the aver the last 30 Years,farm m- activity,lane Eckert,president of elk swap down from the Lee Metcalf money From,tours-lbws ua So shay small And dedicated m quality,artisan cheese-making." corn.has remained Oat while(arm Eckert AgriMarketmg,a suiting Wilderness Area aril park Iherre expenses have more Nan<nplad. f'um in St Louts,estimated the n.m- velves to the pastures In 2004,She To Dalana(host ledgers,many ber at 1 a 5 percen m r of the ranch,Roger Lane grams m fly fishing and huntln{that "The key m di—clOying these ef- Is thA annual Lavender m tint VWap farmers have become dependent Ms.Eckert s,it this number was s tined selling Photographic safaris braghl in additional revenue forts Ia a market Nat will support Festival,where Los POManos wN- upon guvernrMnt subsidies and in up con idenbly from A 3 percent es for customersISM, to brave the throughout the year, them;sad Mr.Robson,who until re- comes v tors fmm all over he c me from seeoil Jobs known as i-.,.she had made m the 199Us, tune-chilling weather. "We do a little bin of everything.' ently farmed vegetables himself. stale.The]arm freaently pulls in "off-farm activities:'Slallatws from and cited a 2"study from Ca 11 The sated lasts live days.Every he said- cLJre mything,you have m know 3ld,Wr1 over Me course of a festival Me Economic Research Servile,an University that reported farmers mmg,a phaography ,per.Tom Such a u of orf-farm activities what people want And what they It be eek, .Tile Mr.Remue said the agency within of the Depanmen'of who turned to agri-tourism could be Murphy.wads guests from a lodge can reap big bereus.Mark Gregory -Wthg 1.accept" event"is not easy money he added Agriculture,produe A snapshot of as much as W percent more profit- out among the elk,where he offers Robson,director of the New Jersey Melihew Rembe,executive three- that in the long run As"'its ran [his situation.In 1977,family farm- able Nan Move who did nil. tips and h-it,—insngc I—Guests Agricultural Experiment Sudan,a[ mr of the L.Poblarlos Imo and Col- much.bat awareness as the bw- "We know in.,people who are d- pay U,20010$1,700 apiece for this— Rutgers Uni....11y In New Bruns tut al Center in Los Rancho.d o e Alb.- m line volvnl In agri-racism have Rreaer perience, and Mr. Lang said the wick,N.J.,said agri-Murtsm worked querque.N.M.,learned these lessons "whether It's a vaue-atkiv prod- dNLINE:ANOTHER CASH CROP inn-fat.incr m m In.extent that anch earned mare from four or five lust ilk.the stock markN,whore do- Iolg ago.Los Poblamis starred as a uct,s festival.or bonklm,a they're r.lyingeIess on olf-farm In- satans than 1[did from an.nitre verifying Inv, merits also yielded small ranch,but over the years has agri mo in is an educamnal pro RWhenformingdoesn't My". Co..."she laid."For many,this ex- year of ranching. higher returm.st grown.M rporateofl farm Activl- cess that over rim encourages fu hills,tmnllfarmerstourm ha income can makeAhugediffer- "We don't really make money Stull,he said,expanding anagri ties including anism,anartgallery,A lure customers to buy what ugrirouriam to bolster Me--come. ce In the quality of life." from the caws in the winter,any- lounsm operation required planning, produce home-delivery service and a you're aelIM&"Mr.Reirbe end"if An audMAM.show is in mnia dirlermce Is evident at the way,"Mr.Lang said He added that And farmers must conduct their own varlety of seasonal celebrallan we an keep the community happy aydmAs.cam/kvalnssa Picket Fence Creamery,A grins Sun Ranch offered ofDer types of ad- rexarcD Delore spending precious throug mil the year andcNteresled,th.y'B keep sending based cow dairy m Woodward.Iowa, ventures me luding summer pro- time and money on something new. The most lucrative of these events us more business" L Town r ,�.Y.iuuom Hidden Villa educates on life with mountain lions CYi-e—✓ Zi z, By Eliza Ridgeway PHOTOLECOURTESYOAR OF TC Town Crier Staff Writer o further mountain lion Rob and Bar- encounters have trans- r Bar- bara Dicely of Leopards Etc. Npired since a goat was brought Sho- killed at Hidden Villa earlier this shone,a moun- month, likely by a lion. But of- = t' lain lion,to ficials at the Los Altos Hills na- ture preserve improved the secu- ,r.: Hidden Villa's rity of its farm-animal enclosures R" public educa- and held a community educations - lion forum. event last week nonetheless. c How closely residents of Los Altos Hills want to live with na- tive.wildlife has been a source of animals to be part of our life or an integral part of the area's en- vigorous debate over the last year, not" vironment. They posted warning as local wildlife boosters have ar- Knowles estimated that more signs around the farm instructing gued for a recognition of"wild- than 80 people..attended the hikers to take precautions such as life corridors,"the natural routes community event to learn about hiking in groups. animals take to pass through the mountain lions in the area. Rob Chris Overington, Hidden town. Los Altos Hills' position and Barbara Dicely of Leopards Villa's interim executive direc- on the fringes of the Santa Cruz Etc. brought Shoshone, a young tor, said the preserve has .seen mountains makes it a frontier captive mountain lion, and De- no signs of a mountain lion re- town between human develop- nali, a Canada lynx similar to a turn since "predator proofing" ment and nature. bobcat, to educate residents on its farm. He said that in addition "We are stewards of our lands the characteristics of the two ani- to posting new signage and host- and hold the future of the moun- mals. ing the public education forum, tain lions' existence here," said Hidden Villa issued a predator the non-profit adjusted its hiking Charlie Knowles, a Hills resi- alert earlier this month after an protocols for visiting school dent and executive director of unidentified creature killed one groups. the Wildlife Conservation Net- of the nature preserve's goats. "(We) encouraged the chil- work. He participated in Hidden Hidden Villa officials asked resi- dren to be noisier than in previous Villa's mountain lion event on dents of Los Altos Hills to be times, which they have complied Feb. 13."It's a choice we make as alert to mountain lion activity with enthusiastically," Overing- residents whether we want these but emphasized that they were ton said. Big effort to save a little butterfly 5Fcc,ro n 111L\�(J- Once-common bay checkerspot given boost from devoted team of biologists, nature lovers By Jarte Kay serve,carrying a precious cargo that CHRONICLE ENVIRONMENT WRITER they hope will return the red-and- black butterfly to its home.They gent- For tht; past few springs, people ly lifted hundreds of plump,inch-long have flocked to the popular Edgewood black,bristly caterpillars from a cooler Park and Natural Preserve in the hills and placed them on the ground among above Redwood City to admire the their favorite food,the plantain,a na- wildflowers.But they haven't seen a tive plant. single bay checkerspot butterfly,once By April,they hope,the caterpillars a vibrant presence in the rolling ser- will transform into butterflies and begin _- pentine-rock grasslands. to populate part of the 467-acre park MrcxAe�MALONEY The enroni�r. / On Thursday,a small band of biolo- Here we're trying to make a little A hay checkerspot caterpillar is released onto plantain leaves at &istsand park lovers hiked into the pre- I-CHECKERSPOT:Page Al l Edgewood Park and Natural Preserve,located above Redwood City. ,t} �; L BUSINESS DATEBOOK WEATHER Bridge...............H2 Jobs. ........HI MarketReport..C6-7 Bay Area home sales fall for 24th Want thrills?Mick LaSalle and Tim Mostly sunny,warmer. Chess...........:...H2 Comics. ......E16 Movies....E10 11 15 Y Y Classified...........HI Crosswords...E18,H2 Sports...............DI straight month,and prices drop to Goodman suggest "The Lives of Highs: 64 72. Lows: Autos..............G1 Horoscope..........H2 Televisioa.........E17 lowest level in 18 months. C1 Others"and"The State Within."E1 * "t 39-49. CS Homes.............H4 Lottery B2 Theater...............E2 7nr7ttci5cv Cl + FRIDAY,FEBRUARY 16,2007 I?♦ Biologists, volunteers work - to bring a butterfly home ►CHECKEHSPOT Weiss,who got his PhD.study- :.s. a' ' -:.-,i From Page Al ing under eminent entomologist Paul Ehrlich at Stanford,began to piece of the world better.We can't figureout the connection between sea back and check offextinctions," the traffic, the ammoroa In the said Stuart Weiss,the biologist in emissions and the grasses in the charge of the project. late 1990s. He credits Ehrlich's a V t ~ The species is unique to the San nearly four decades of research on '^ Francisco Bay Area.In some years, the bay checkerspot — and the the numbers of the remnant pop- generations of scientists who stud- ulation on the Peninsifla dip as ied at Ehrlich's laboratory—with low as tens of thousands At Edge- laying down the body of work that + 0 wood Park,exhaust emissions hurt led to his discovery. San MILES the butterfly by fertilizing the in- Weiss started the recovery ef- (.simvii,_ fax vasive rases,which choke-off the forts in 7003 with the permission ,Ip.r«.ar sea _ Rising.[Once found in to or g Pe I _ v Fo ier We populations bounded by plantains of San Mateo County,which owns c ty Mapo Santa Gara Count San Bruno At another spot where the but- the preserve,and the U.S.Fish and ealm t�,� Bidy' Mountains and the East Bay. lerflies disappeared,Jasper Ridge Wildlife Service,which protects „San c..I �, ,? Now bond only on Coyote in Palo Alto,Stanford University threatened species.Working on '+ 's� Ridge between San Jose and scientists found that as tempera- grants Through the San Mateo t / :ter Sara Morgan Hill lures limbed and the frequency County Parks and Recreation Fuin 1 a e,:n Numbers:In a good year,a law and severity of extremely wet and Foundation and a group Called ,'� .d o e , y million twtterllies.In a poor year, dry years increased in past de- Friends of Edgewood, a crew "f' .�� any down to tens of thousands. cades,the Bay Area's annual brow- mowed down the invasive grass, woodWe Atha rtoh ov"m.""� life cycle:Female butterflies lay leaving room for the reappearance �) Menlo Park\i,I.OM Brldg•� eggs On plantain plants,the food ning of terrain occurred earlier in g - soppy.The caterpillars emerge many years,killing off plantains of the plantain,or Plantago erecta. ` �.I.Alto - to teed,and then go dormant just at the time the caterpillars This year, the plantain cap- N until the rainy aeeson,when the needed the food.The bay checker- peared after this season's rains, Edgewood Park and Natural i. plantain pknls■p..r.In the Preserve—caterpillar release site spot couldn't find food by moving and the aterpillars,at least the re- spring,the adults emerge. because neighboring habitat had maiming ones on Coyote Ridge, Ph..ro .y C..bid.e..a.,Ica E.nh Oh.....uon TN,Chra,Ki. been covered by houses and high- followed. ways On Wednesday, Weiss gath- and now runs his own company, Whether the bay checkerspots The caterpillars that were set ered the caterpillars along with Ju- Creekside Center for Earth Obser- will establish at Edgewood is um- out Thursday at Edgewood had lia Batt of the foundation and vation. known.They an probably weath- been hunkering down on another Kathy Korbholz of Friends of The powerful El Nino of 1982- er the rain that is forecast in the protected area since last spring, Edgewood.Weiss kept the cater- 83 knocked back the population, coming weeks as long as it doesn't first feeding,then remaining dor- pillars in a cooler overnight,tak- and it hasn't recovered.By 1997, come when they start to fly. mant in cracks in the ground, ing time to weigh each one. the numbers were down to 9,000 Weiss is hopeful,at least for waiting for the winter rains to The release Thursday,the first caterpillars. On nearby Jasper now.When he thinks of the range green up the plantains.Then they of three over several weeks,was a Ridge,they disappeared in 1997. of the bay checkerspot,he thinks could come out to eat. big day for those trying to save the At Edgewood,scientists saw the of Edgewood Park. Mey find a sunny, slightly butterfly.Korbholz had fought for last caterpillar in 2002,and after "It's a watershed moment after wind-sheltered spot,and curl up the establishment of the park in that,none. years of trying to get the butterfly and warm in the sun,"said Weiss. 1993,helping to organize against The only bay checkerspots in back." He describes that stage of their life the county✓s plans to turn it into a the world are confined to Coyote as"a good California lifestyle." golf course.In the'60s and'70s, Ridge and a few nearby areas in E-mail Jane Kay at That's where Weiss and his developers had eyed it for a hotel Santa Clara County,Weiss said, jkay@sfchronicle.com helpers found 352 of the aterpil- and a state college. tars on Wednesday, on the But the presence of the imper- ground on Coyote Ridge, be. iled bay checkerspot helped to r tween San Jose and Morgan Hill. save it. The special serpentineThey took them to Edgewood on grassland is a disappearing ecosys- Thursday. tem in California. In a few days to a week,the cat- The bay checkerspot used to erpillars will pupate, weaving a thrive in four or five populations silken pad on which they meta- bounded by southem Santa Clara morphose from the larval stage to County,San Bruno Mountain and adulthood.Twenty-one days after the East Bay. pupation—if all goes well they "Clouds of butterflies," esfi- will emerge as butterflies, mated at 100,000,flew in Edge- They live only 10 to 14 days, wood Park 25 years ago,recalled long enough to sip nectar from + Weiss,who was at Stanford then goldfield wildflowers, mate and lay eggs that hen into caterpillars But in past years,things haven't gone well in the Edgewood pre- serve, which borders Interstate 280.In the 1990s,with a new de- sign of the catalytic converter,cars began spewing ammonia gas The gas fertilized non-native Italian rye grass,which pushed out the plantain The caterpillars lost their food supply. • ay y! Christal Mtederer(left)and biologist Stuart Weiss carry a cooler full of bay checkerspot caterpillars into Edgewood Park. t Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: February 23, 2007 RE: FYI's The Land Trust Alliance: Accre-'-+ation Page 1 of 2 Land Trust Alliance About LTA - Join Us Contact Us LTAnet saarch • Site Map - NNW LTA In Your Region Accreditation: Newsroom Standards&Practices Accreditation_Home I News I Eligibility I Application I Indicator Practices I Resources FA s I Timeline I Background I Personnel 1 Accreditation: News iEligibility PRESS RELEASE Pilot TestingApplication Indicator Practices FOR IMMEDIATE RELEASE: Resources February 22, 2007 Timeline For more information, contact: Backgiound Laura DiBetta, 518-587-3143, ext. 208 Personnel Twenty-two Land Conservation Organizations Selected ► Training and Conferences-- for National Accreditation Pilot Program o Public Policy Resources for Land husis► (Saratoga Springs, NY) —Twenty-two land conservation organizations from 19 states have been selected to test a new national accreditation program. ► Publications The new land trust accreditation program will recognize land conservation ► , organizations, also known as land trusts, that meet national quality standards for protecting important natural places and working lands forever. P Find a Member Land Trust "We are extremely grateful to the land trusts that volunteered to demonstrate publicly their commitment to high standards and to serve the land conservation community and the American public by shaping this new ► Land Trust Alliance program," said Tammara Van Ryn, executive director of the Land Trust 1331 H St NW,Sude 4W, Accreditation Commission. Washington, DC 20005-4734 202.638.47, Fax:202,638 4730 The Commission is an independent program of the national Land Trust Ita@lta org Alliance and was created in 2006 to operate the new accreditation program. "In an era when the public is demanding accountability from government and nonprofit organizations, independent land trust accreditation will help provide the assurance of quality and permanence of land conservation the public is looking for," Van Ryn said. The accreditation program will be tested in 2007 and will be available to interested organizations starting in 2008. At that time, land trusts can join the ranks of other nonprofit organizations that gain professional recognition through accreditation, such as museums, zoos, aquariums, colleges and hospitals. Accredited land trusts will be able to display a seal indicating to the public that they meet national standards for excellence, uphold the public trust and ensure that conservation efforts are permanent. The Monadnock Conservancy, located in Keene, New Hampshire, is one of the land trusts participating in the pilot program. "The Monadnock Conservancy has long been a supporter of the Land Trust Alliance's efforts to build the collective strength of the land trust community," said Monadnock Conservancy Executive Director Richard Ober. "Today, we can think of no better way to bolster and improve the great work we all do than to develop a rigorous and meaningful program of accreditation. We are pleased to be part of the pilot program." http://www.Ita.org/accreditation/press/022207PilotRelease.htm1 2/22/2007 The Land Trust Alliance: Accre,44ation Page 2 of 2 The Monadnock Conservancy and the other 21 land trusts in the pilot program are just a few of the more than 1,660 land trusts across the country. These community-based conservation organizations have conserved more than 11.9 million acres of land—an area twice the size of New Hampshire. Organizations volunteered to be part of the pilot program. The Commission selected groups from the volunteers to make sure that the tests include a diversity of land trust sizes, geographic locations and types of land protected. Jane Prohaska, president and executive director of the Minnesota Land Trust, explained their reasons for volunteering to be in the pilot program. "Being a pilot organization will help us assess and improve our own operations, allow us to help our colleagues throughout the region, and be a part of constructing an effective program that will improve overall conservation efforts in America." For the full list of participants and more information on the pilot program, please visit www.Ita.org/accreditation/pilot.htm. The Land Thist Alliance pronx9as votuntaty land conservation and skeng#wis the land oust tFroverneni by pruvOnt;ft leadershta con intonnabon sk and nm lend trusts need to con-wve land for bermbi of ynuWft wous and naft"I systeins, http://www.Ita.org/accreditation/press/022207PilotRelease.html 2/22/2007 The Land Trust Alliance: Pilot T--,ting Page 1 of 3 Land Trust Alliance About LTA - Join Us - Contact Us LTAnet Search Site Map - Home LTA In Your Region Accreditation: V Accreditation Home I News I Eli ibilit I implication I Indicator Practices I Resources I FAQ; Background I Personnel ► Accreditation: News • ,ility 2007 Pilot Program EliApplication Pilot Testing The Land Trust Accreditation Commission is pleased to announce the participant Indicator Practices round of the 2007 pilot program. Resources FACIs Bedminster Land Conservancy (PA) Titneli tie Cascade Land Conservancy (WA) Background Coastal Mountains Land Trust (ME) Personnel Eagle Valley Land Trust..(CO) ►,Training and Conference$-- Eastern Shore Land Conservancy (MD) Geneva Lake Conservancy (WI) ► Public PolicyGreen River Valley Land Trust (WY) ► Greenbelt Land Trust (OR) Lake Champlain Land Trust (VT) ► Publications Lake Forest Open Lands Association (IL) ► , Leelanau_Conservancy (MI) Maui Coastal Land Trust (HI) P, Find a Member Land Trust Minnesota Land Trust (MN) Monadnock Conservancy (NH) Monmouth Conservation Foundation (NJ) — — Peninsula Omen Space Trust(CA) Land Trust Alliance Southern Rockies Agricultural Land Trust (NM) t 331 H St NW.sorts 400,4 Upstate Forever (SC) Washington, CC 20005-4734 Washtenaw Land Trust (MI) 202.638.4725 Westchester Land Trust (NY) Fax 202.638 4730 ita�lta org The Wilderness Land.Trust(CO) Willistown Conservation Trust(PA) About the Pilot Program "We know it will be a substantial commitment of Pilot Program t time, but serving as a participant in the pilot test program would enable us to give back to the land trust community and help ensure the credibility of Read the Feb. 22 prE our collective work." announcing the pilo participants The Commission will formally test the complete accreditation application and review process in 2007. Learn about public c Two rounds of pilots will allow us to do the following: • Learn how much time it takes applicants to apply for accreditation. • Learn how much time it takes the Commission to review applications. • Clarify and document decision-making criteria to ensure consistency. • Finalize all the steps in the accreditation application and review process. The Commission will conduct the second round of pilots later this year with expat P htt ://www.Ita.or /accreditation/ ilot.htm 2/22/2007 P g The Land Trust Alliance: Pilotr--,ting Page 2 of 3 coverage of land trust demographics. Land trusts that participate in the pilot tests will help determine what information i for the Commission to have in order to make objective decisions. Participants will complete review of their application and will pay all fees in 2007, although final d( not be made until 2008. Pilot organizations will be up for renewal in 2012. One applicant for the pilot program summarized their interest and the purpose of well. "We are interested in serving as a pilot test organization for accreditation fi three primary reasons: 1. Help us continually assess and improve our owl operations; 2. Allow us to help our colleagues through the region.. navigat accreditation when they are ready; and 3. Provide ...appropriate feedback accreditation process to construct the most effective program possible. Pilot Participation Last fall land trusts across the country responded enthusiastically to the Land Ta Accreditation Commission's call for organizations interested in the 2007 pilot pro! organizations are excited to showcase their work and provide a service to the Ian community. Pilot organizations are being chosen to represent a diversity of land characteristics—such as volunteer or staffed, age of the organization, size of ge( region served, location, type of land protected and protection methods used. "We have a long and deep understanding of many of the issues facing Ian( trusts and feel that we can be helpful in evaluating and improving the accreditation process so that it is valuable for the individual land trust and, the level of performance for the overall land trust community. "The ...Conservancy has long been a supporter of the LTA's efforts to bui collective strength of the land trust community. Today we can think of no I way to bolster and improve the great work we all do than to develop a rigo, and meaningful program of accreditation. Accordingly, we are eager to do can to see the accreditation program succeed." Pilot Program Timeline JFebruary 2007 ] First—round of pilot organizations announced JApril 2007 IFnat—applications due JJune 2007 115econd round of pilot organizations announced JAugust 2007--777777:]IPilot applications due JJanuary 2008 Pilot program evaluated 2008 JIFinal decisions announced on pilot applications (conc first round of 2008 application decisions) "The Land Trust sees the accreditation process as imposing the discipline needed to bring our own house into order. We also believe that the currer, regulatory climate, proliferation of aging, all-volunteer boards, and more challenging fundraising environment will drive land trusts to consider new partnerships. The Land Trust wants to be prepared to participate in this ne challenging arena." http://www.Ita.org/accreditation/pilot.htm 2/22/2007 MOM SONOMA LAND TRUST RECEIVED FS 14 200 966 Sonoma Avenue February 12, 2007 i/IIDPENINSULA REGIONAL©PEi• Santa Rosa, CA 95404 Craig Britton SPACE DISTRICT Fax: 707 526 30001 Midpeninsula Regional Open Space District www.sonomalandtrust.org 330 Distel Circle Los Altos, California 94022-1404 Dear Craig, I would like to thank you for endorsing the January 17, 2007 letter from the California Conservation Coalition to the Board of Directors of the California Coastal Conservancy encouraging the Conservancy to join in the litigation we filed to enforce the terms of a Conservancy funded conservation easement held by Sonoma Land Trust. The letter had its intended effect. The names of over 30 land trusts and conservation leaders who signed on made an impression on the Conservancy Board which voted unanimously to join in the litigation in defense of the conservation easement. We would particularly like to thank Darla Guenzler who organized the effort to secure your endorsement through the California Council of Land Trusts. It really brought home to us the power of the California Council of Land Trusts to amplify our individual voices. We had been cynically ignored by Port Sonoma, a well-funded, well-connected private landowner which acquired a ranch at the gateway to Sonoma Count subject to an agricultural g Y Y J g conservation easement, and then set about using the ranch as a commercial disposal site beyond anything contemplated by the easement. Although it is an expensive course of action, we filed suit to enforce the terms of the specific easement and to uphold the enforceability of conservation easements generally. Having the Conservancy with us will equal the playing field and help ensure that conservation easements hold up under pressure. We will post information about the lawsuit on our website and keep folks informed through the California Council of Land Trusts. Thank you again for your support. It means a lot to us, and it was very helpful. Regards, alph enson Executive Director ralph6Dsonomalandtrust.org ...to protect the land forever Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADMINISTRATION AND BUDGET COMMITTEE AGENDA 12:00 p.m. Curt Riffle Thursday, March 1, 2007 Mary Davey 330 Distel Circle, Los Altos, California Pete Siemens 12:00* ROLL CALL ADOPTION OF AGENDA 12:05* COMMITTEE BUSINESS 1. Controller's Report 2. Real Property Department Action Plan and Budget Follow-up 3. Operations Department Action Plan and Budget Follow-up 4. Planning Department Action Plan and Budget Follow-up 5. Other 2:00* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed Agenda is subject to change of order. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. Regional Open Space --------------- ..................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADMINISTRATION AND BUDGET COMMITTEE AGENDA 12:00 p.m. Curt Riffle Tuesday, February 27, 2007 Mary Davey 330 Distel Circle, Los Altos, California Pete Siemens 12:00* ROLL CALL ADOPTION OF AGENDA 12:05* COMMITTEE BUSINESS 1. Administration Department Budget Follow-up 2. Public Affairs Department Budget Follow-up 3. Real Property Department Action Plan and Budget Review 4. Operations Department Action Plan and Budget Review 5. Planning Department Action Plan and Budget Review 6. Other 2:00* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed Agenda is subject to change of order. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. Regional Open Sp e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 7, 2007 John Maltbie, County Manager San Mateo County 400 County Center Redwood City, CA 94063 Dear Mr. Maltbie: Pursuant to Section 5 (e) of the Agreement between San Mateo County and the Midpeninsula Regional Open Space District Regarding Fire Services approved by the Board of Supervisors on March 16, 2004, the District has now acquired 1,000 acres of Eligible land purchase as defined in the Agreement. Therefore, the District is submitting the one-time payment toward purchase of an "off road" fire engine by the County to provide fire services to the District according to the terms and conditions of the Agreement. This one-time payment of$50,000 (enclosed) shall be applied to the purchase of a four-wheel drive fire engine that will be used by the County to provide fire services to District owned and managed lands in the Coastside Protection Area. The County shall provide evidence of such purchase to the District within twelve (12) months of this payment. Furthermore, per the agreement, the engine will display an authorized District logo identifying the District as a participating funding agency. Section 6 (a) also states that the County will include the use of the fire engine as part of the services it provides to the District in the Coastal Protection Area and that the engine be housed at a location that will enable it to serve lands owned or managed by the District in the Coastal Protection Area. If you have any questions, please contact me at (650) 691-1200. Sinc rely, L. Craig B di on General Manager cc: Board of Directors, Midpeninsula Regional Open Space District Larry Whitney, Fire Chief, La Honda Volunteer Fire Department Enclosure 33o Distel Circle 650-69i-12oo 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 Curt Riffle,Nonette Honko,Lorry Hassett,Kenneth C.Nitz L.Craig Britton