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Home My Public Portal About20090812 - Agenda Packet - Board of Directors (BOD) - 09-23 Midpeninsula Regional Open Space District Meeting 09-23 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday,August 12, 2009 Elkus Ranch 1500 Purisima Creek Road Half Moon Bay, CA 94019 (650)712-3150 SPECIAL MEETING 6:30* SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA 6:40* CONSENT CALENDAR I Approve Minutes of Board Meeting of July 08, 2009 2 Approval of Revised Claims Report 3 Approval of Written Communications—None 4 Proposed Addition of Santa Clara County Tax-Defaulted Property to the Cathedral Oaks Area of Sierra AZLII Open Space Preserve(Santa Clara County Assessor's Parcel Number 562-09- 0 18, located immediately south of Mt. Thayer in unincorporated Santa Clara County)and Determination that the Recommended Action is Categorically Exempt from the California Environmental Quality Act(CEQA)—E. CLIzick 6:50* BOARD BUSINESS 5 Approve the Purchase of the University of California Regents Elkus Ranch Uplands Property located in unincorporated San Mateo County (450-acre portion of San Mateo County Assessor's Parcel Number 066-200-070)as an addition to Purisima Creek Redwoods Open Space Preserve; Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act—M. Williams Meeting 09-23 Page 2 6 Award a Contract to Stoloski and Gonzales, Inc. for Installation of a Well and Livestock Water Distribution System at Tunitas Creek Open Space Preserve and Determine that the Recommended Action is Categorically Exempt frorn the California Environmental Quality Act—C. Kooprnann 7 Authorization to Execute a New Communications Site Lease Agreement with C&C Equipment Company, Inc. (C&C), Including Addition of the National Park Service/Golden Gate National Recreation Area(NPS/GGNRA)Communication Tower at the C&C Communication Facility (C&C site) Black Mountain, Rancho San Antonio Open Space Preserve, and Determination that the Recommended Action is Categorically Exempt from the California Environmental Quality Act (CEQA)—E. CLIzick 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. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TOADDRESSIVEROARD, The Chair will invite public coinnaent on cigeridci items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters chiring Chal C'ornmunications. Each speaker will ordinarily be limited to three minutes. Alternately,you may,comment to the Board by a written communication, which the Board appreciates. Consent Calendar. All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar, In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICATION OF POSTING OF AGENDA 11 Anna Jatczak,Interim District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the August 12,2009 Special Meeting of the MROSD Board of Directors was posted and available for review on August 7,2009 at the Administrative Offices of MROSD,330 Distel Circle,Los Altos,California,94022. The agenda is also available on the District's web site at http://wrvw.opeii-q),icc..c)rt,. Signed this 7th day of August 2009,at Los Altos,California. Interim District Clerk Date: 08/07/09 Claims No. 09-14 Meeting 09-23 Date 8/12/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 10809 $28,788.00 B Bros Construction Construction Services For AO Remodel 10810 $25,000.00 *1 First American Title Company Acquisition Deposit 10811 $19,077.00 California JPIA All Risk Property Insurance Program Premium 10812 $15,759,09 EDAW Master Planning Services-Sierra Azul&Bear Creek Redwoods 10813 $11,812.50 Go Native District Wide Vegetation Management 10814 $7,975.65 Tannerhecht Architecture Architecture Services For The AO Remodel Project-Construction &Bidding Documents 10815 $7,702.94 Condor Country Consulting Herpetological Surveys Of Mindego Hill Ranch 10816 $7,210.12 Hertz Equipment Rental Equipment Rental For Road Improvements&Culvert Installation On Various Roads In The Skyline Area 10817 $6,409.50 Kier&Wright Civil Engineers& Survey Of Trail Easement Across Lands At St.Joseph's Hill Surveyors 10818 $6,403.73 *2 AEDGrant.com 3 Automated External Defibrillators 10819 $6,250.00 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 10820 $6,160.65 ESRI ArcView Software Annual Maintenance Agreement 10821 $6,017.60 ESRI Upgrade From ArcView Single Use To ArcEditor Single Use License 10822 $5,583.34 Peckham&McKenney Recruitment-Assistant General Manager 10823 $5,198.11 Pape' Machinery Rental Equipment-Dozer,Excavator&Compactor For Building Pad At FFO 10824 $4,800.00 Civicorps Schools Trail Work At Teague Hill 10825 $4,139.00 *3 Joshua Charles Catering Deposit-Catering For Volunteer Recognition Event 10826 $3,634.40 *4 Joshua Charles Catering 2nd Installment-Catering For Volunteer Recognition Event 10827 $3,399.00 Maze&Associates 2008/2009 Audit Services 10828 $2,981.01 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum 10829 $2,439.39 Cresco Equipment Rental Equipment Rental-Tractor, Boom&Roller For Equipment Shed Construction At FFO 10830 $2,414.50 Pacific Ag. Rentals Equipment Rental-Tractor For Discing&Mowing 10831 $2,330.65 R&B Company Culverts For Windy Hill 10832 $2,300.45 National Fire Fighter Corporation Web Gear For New Generation Fire Shelters 10833 $2,168.36 CMK Automotive Vehicle Maintenance&Repairs 10834 $2,125.00 Concern Employee Assistance Program Quarterly Fee 10835 $1,934.39 John Shelton Culverts For Kennedy Road Replacement Project 10836 $1,875.00 Dana Property Analysis Appraisal Services For Purisima To The Sea Properties 10837 $1,671.32 *5 Stevens Creek Quarry Baserock For Equipment Shed Pad At FFO 10838 $1,650.00 Systems for Public Safety Recruitment-Background Research For Two Candidates 10839 $1,625.00 Phytosphere Research Consultation&Sampling Of Diseased Oak Trees At Los Trancos 10840 $1,565.50 North American Title Company Escrow Fee-POST Moore Acquisition 10841 $1,466.16 Monster Mechanical HVAC Repairs-AO 10842 $1,390.94 Office Depot Office Supplies,Task Lamp,Copy Paper,Mouse Pads,Trash Can,Binders, File Folders&File Labels 10843 $1,318.16 All Chemical Disposal Hazardous Waste Disposal-Oil 10844 $1,022.90 Rich Voss Trucking Base Rock Delivery For Building Pad At FFO 10845 $900.00 Bay Area Ridge Trail Council Contribution Towards Outreach Postcard Mailing For 4th Annual Bay Area Ridge Trail Cruz 10846 $800.00 Duong,Anna Reimbursement-Tuition 10847 $725.10 Downey Brand Attorneys Legal Services-Land Acquisition 10848 $672.63 Downtown Ford Tires 10849 $665.77 Los Altos Garbage Company Debris Box-FFO/Garbage Service-AO 10850 $637.50 Brownstein, Hyatt,Farber&Schreck Legal Services-Chiocchi Litigation 10851 $635.84 Moffett Supply Company Sanitation Supplies 10852 $625,00 Shute, Mihaly&Weinberger LLP Legal Services-Planning Advice Page 1 of 4 Claims No, 09-14 Meeting 09-23 Date 8/12/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 10853 $620,84 Roy's Repair Service Vehicle Repairs&Service 10854 $619.23 Safety Kleen Solvent Tank Service-SFO&FFO 10855 $613.42 Clean Harbors Environmental Services Hazardous Materials Disposal-Oil,Gas&Paint 10856 $602.19 Gardenland Power Equipment Field Supplies,Oil,Chain Saw Supplies And Repairs 10857 $600.03 Lab Safety Supply Safety Equipment-Rubber Gloves,Sharps Resistant Gloves& Earplugs 10858 $552.12 Home Depot Field Supplies,Cement Mix,Septic Tank Treatment, Drain Snake &Lumber For Miscellaneous Projects 10859 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 10860 $477.28 Grand Prix ATV Annual Service 10861 $418,19 Peninsula Digital Imaging Scanning Services-Scan Mindego Ranch Environmental Site Assessment And Phase 2 Investigations Report&Prepare 2 Disks Of Report 10862 $409.38 '6 U.S. Postmaster Postage-Good Neighbor Mailer 10863 $405.09 Orchard Supply Hardware Field Supplies,2 Tool Boxes,Blind Spot Mirror,Water System Hydrant Parts,Plumbing Supplies For Water Tank&Motorcycle Tie Down Straps 10864 $378.93 Mallory Company Barricade Tape 10865 $350.00 Secretary Of State Fee For Registration Of Trademark/Service Mark 10866 $313.82 Ketch-All Company Ketch-All Poles 10867 $313.63 Minton's Lumber&Supply Split Rails&Posts 10868 $305.42 Grainger Field Supplies&Traffic Markers 10869 $292.50 Normal Data Consulting Services-Citation Database Development&Support 10870 $272.39 Del Rey Building Maintenance Janitorial Supplies-AO 10871 $271.65 Priority 1 Public Safety Equipment Strobe Power Supply For Patrol Truck 10872 $266.90 Foster Brothers Lock&Key Services 10873 $250,00 Rachel Demitrios Revisions To Electronic Incident Report Form 10874 $247.00 Le's Alterations Uniform Expenses-Charges For Sewing Patches 10875 $230.99 Reeves,Michael Reimbursement-Training Expenses 10876 $229.30 ADT Security Services Alarm Service-SFO 10877 $209.76 Summit Uniforms Uniform Expenses 10878 $208.82 Philip Williams&Associates Dambreak Analysis-RSA 10879 $201.50 San Francisco Chronicle Subscription Renewal 10880 $196.00 Metro Mobile Communications Radio Repair 10881 $193.35 Cartridge World Printer Cartridges 10882 $191.02 California Water Service Company Water Service-AO&SFO 10883 $181.34 G&K Services Shop Towel Service 10884 $169.97 Costco Office Supplies For FFO&RSA 10885 $163.70 West Payment Center Legal Research Fees 10886 $163.01 Stevens Creek Quarry Rock For Regnart Culvert Replacement 10887 $160.15 Allied Waste Services Garbage Service-Hosking Barn 10888 $156.84 Lampson Tractor Tractor Supplies-Oil Filters 10889 $146.20 Royal Brass Hydraulic Hose For Tractor 10890 $143.95 Target Specialty Products Landscaping Supplies 10891 $142.98 Green Waste Garbage Service-SFO 10892 $142.86 Life Assist First Aid Supplies 10893 $140.00 California Department Of Public Health Water Treatment Operator Certification Fees 10894 $135.56 Bay Area Air Quality Management Fuel Tank Permit-FFO District 10895 $125.63 G.P.Sports Patrol Motorcycle Helmet 10896 $122.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff Page 2 of 4 Claims No. 09-14 Meeting 09-23 Date 8/12/09 Revised Mid peninsula Regional Open Space District # Amount Name Description 10897 $117.66 Bolle, Ken Reimbursement-Uniform Expense 10898 $108.07 Design Concepts Graphic Design Services-Envelopes For Trail Brochure Packets 10899 $107.32 Madco Welding Supplies 10900 $95.02 Forestry Suppliers Poison Oak I C eanser&Sun Blo ck 10901 $94.55 California Water Service Company Water Service-Rental Residences 10902 $91.48 Design Signs Gate Letters For SFO&FFO 10903 $81.00 Liebert Cassidy Whitmore Legal Services&Advice 10904 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 10905 $67.93 The Workingman's Emporium Uniform Expenses 10906 $65.00 Northern Energy Propane Tank Rental-Rental Residence 10907 $64.15 McKowan,Paul Reimbursement-Volunteer Training Expenses 10908 $60.54 CSK Auto Windshield Wash,Squeegee,Touch Up Paint&Engine Oil 10909 $58.83 Carlson,Kerry Reimbursement-Uniform Expense 10910 $57.06 Jackson-Hirsh Laminating Supplies 10911 $50.00 Revenue Collections-City Of Palo Alto Legal Services-Parking Citation Review 10912 $50.00 Ergo Works Ergonomic Equipment 10913 $48.99 San Jose Mercury News Quarterly Subscription 10914 $43.00 Allen's Press Clipping Bureau Clipping Service 10915 $40.07 Hapke,Alexander Reimbursement-Signboard Supplies 10916 $38.02 Pine Cone Lumber Field Supplies-Fence Rails 10917 $29.35 B&J Trading Spray Gun Swivel 10918 $11.80 Barron Park Supply Plumbing Supplies 10919 R $4,475,000.00 ## First American Title Company Land Acquisition-UC Elkus Ranch Uplands 10920 R $10,000.00 ## Santa Clara County-Tax Collector Land Acquisition-Laine Property 10921 R $10,000.00 Santa Clara County-Tax Collector Land Acquisition-Hacienda Park Parcels 10922 R $5,025,00 Alliance Environmental Group Asbestos Removal&Disposal At Sierra Azul-Fletscher Property 10923 R $2,800.17 Roy's Repair Service Vehicle Repairs&Service 10924 R $1,264.81 Greg's Trucking Service Rock Delivery For Lower Windy Hill Culvert Installation 10925 R $1,195.14 Tadco Supply Janitorial Supplies 10926 R $767.00 Los Altos Garbage Company Debris Box-Removing Dead Poplars At Picchetti Ranch 10927 R $659.00 Los Altos Garbage Company Debris Box-Wood Waste At RSA 10928 R $539.02 CMK Automotive Vehicle Maintenance&Repair 10929 R $493.48 San Jose Water Company Water Service-RSA County Park 10930 R $289.47 Alhambra&Sierra Springs Water Dispenser-AO 10931 R $262.27 Petty Cash Parking&Mileage/Resolution Dedication Event Supplies/Office Supplies/Uniform Expense 10932 R $227.10 Williams, Michael Reimbursement-Mileage&Cell Phone 10933 R $157.00 Priority 1 Repair Siren Controller On Patrol Vehicle 10934 R $119.00 Coastal Sierra Internet Service-SFO 10935 R $99.00 Premiere Global Services Fax Broadcast Services 10936 R $60.02 Robert's Hardware Field Supplies 10937 R $59.00 Target Specialty Products Vegetation Management Seminar 10938 R $50.00 Correia,Anthony Reimbursement-Uniform Expense Page 3 of 4 i Claims No. 09-14 Meeting 09-23 Date 8/12/09 Revised Midpeninsula Regional Open Space District # Amount Name Description �I Total $4,742,668.62 *1 Urgent Check Issued 7/24/09 *2 Urgent Check Issued 8/3/09 *3 Urgent Check Issued 7/29/09 *4 Urgent Check Issued 8/6/09 *5 Urgent Check Issued 7/28/09 *6 Urgent Check Issued 7/29/09 ## In The Event Agenda Items Are Not Approved,These Claims Will Not Be Processed Page 4 of 4 Claims No. 09-14 Meeting 09-23 Date 8/7/09 Midpeninsula Regional Open Space District # Amount Name Description 10809 $28,788.00 B Bros Construction Construction Services For AO Remodel 10810 $25,000.00 *1 First American Title Company Acquisition Deposit 10811 $19,077.00 California JPIA All Risk Property Insurance Program Premium 10812 $15,759.09 EDAW Master Planning Services-Sierra Azul&Bear Creek Redwoods 10813 $11,812.50 Go Native District Wide Vegetation Management 10814 $7,975.65 Tannerhecht Architecture Architecture Services For The AO Remodel Project-Construction &Bidding Documents 10815 $7,702.94 Condor Country Consulting Herpetological Surveys Of Mindego Hill Ranch 10816 $7,210.12 Hertz Equipment Rental Equipment Rental For Road Improvements&Culvert Installation On Various Roads In The Skyline Area 10817 $6,409.50 Kier&Wright Civil Engineers& Survey Of Trail Easement Across Lands At St.Joseph's Hill Surveyors 10818 $6,403.73 *2 AEDGrant.com 3 Automated External Defibrillators 10819 $6,250.00 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 10820 $6,160.65 ESRI ArcView Software Annual Maintenance Agreement 10821 $6,017.60 ESRI Upgrade From ArcView Single Use To ArcEditor Single Use License 10822 $5,583.34 Peckham&McKenney Recruitment-Assistant General Manager 10823 $5,198.11 Pape' Machinery Rental Equipment-Dozer, Excavator&Compactor For Building Pad At FFO 10824 $4,800.00 Civicorps Schools Trail Work At Teague Hill 10825 $4,139.00 *3 Joshua Charles Catering Deposit-Catering For Volunteer Recognition Event 10826 $3,634.40 *4 Joshua Charles Catering 2nd Installment-Catering For Volunteer Recognition Event 10827 $3,399,00 Maze&Associates 2008/2009 Audit Services 10828 $2,981.01 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 10829 $2,439.39 Cresco Equipment Rental Equipment Rental-Tractor, Boom&Roller For Equipment Shed Construction At FFO 10830 $2,414.50 Pacific Ag. Rentals Equipment Rental-Tractor For Discing&Mowing 10831 $2,330.65 R&B Company Culverts For Windy Hill 10832 $2,300.45 National Fire Fighter Corporation Web Gear For New Generation Fire Shelters 10833 $2,168.36 CMK Automotive Vehicle Maintenance&Repairs 10834 $2,125.00 Concern Employee Assistance Program Quarterly Fee 10835 $1,934.39 John Shelton Culverts For Kennedy Road Replacement Project 10836 $1,875.00 Dana Property Analysis Appraisal Services For Purisima To The Sea Properties 10837 $1,671.32 *5 Stevens Creek Quarry Baserock For Equipment Shed Pad At FFO 10838 $1,650.00 Systems for Public Safety Recruitment-Background Research For Two Candidates 10839 $1,625.00 Phytosphere Research Consultation&Sampling Of Diseased Oak Trees At Los Trancos 10840 $1,565.50 North American Title Company Escrow Fee-POST Moore Acquisition 10841 $1,466,16 Monster Mechanical HVAC Repairs-AO 10842 $1,390.94 Office Depot Office Supplies,Task Lamp,Copy Paper,Mouse Pads,Trash Can,Binders, File Folders&File Labels 10843 $1,318.16 All Chemical Disposal Hazardous Waste Disposal-Oil 10844 $1,022.90 Rich Voss Trucking Base Rock Delivery For Building Pad At FFO 10845 $900.00 Bay Area Ridge Trail Council Contribution Towards Outreach Postcard Mailing For 4th Annual Bay Area Ridge Trail Cruz 10846 $800.00 Duong,Anna Reimbursement-Tuition 10847 $725.10 Downey Brand Attorneys Legal Services-Land Acquisition 10848 $672.63 Downtown Ford Tires 10849 $665.77 Los Altos Garbage Company Debris Box-FFO/Garbage Service-AO 10850 $637.50 Brownstein, Hyatt, Farber&Schreck Legal Services-Chiocchi Litigation 10851 $635.84 Moffett Supply Company Sanitation Supplies 10852 $625.00 Shute,Mihaly&Weinberger LLP Legal Services-Planning Advice Page 1 of 3 Claims No. 09-14 Meeting 09-23 Date 8/7/09 Midpeninsula Regional Open Space District # Amount Name Description 10853 $620.84 Roy's Repair Service Vehicle Repairs&Service 10854 $619.23 Safety Kleen Solvent Tank Service-SFO&FFO 10855 $613.42 Clean Harbors Environmental Services Hazardous Materials Disposal-Oil,Gas&Paint 10856 $602.19 Gardenland Power Equipment Field Supplies,Oil, Chain Saw Supplies And Repairs 10857 $600.03 Lab Safety Supply Safety Equipment-Rubber Gloves,Sharps Resistant Gloves& Earplugs 10858 $552.12 Home Depot Field Supplies,Cement Mix, Septic Tank Treatment,Drain Snake &Lumber For Miscellaneous Projects 10859 $548,16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 10860 $477.28 Grand Prix ATV Annual Service 10861 $418.19 Peninsula Digital Imaging Scanning Services-Scan Mindego Ranch Environmental Site Assessment And Phase 2 Investigations Report&Prepare 2 Disks Of Report 10862 $409.38 *6 U.S.Postmaster Postage-Good Neighbor Mailer 10863 $405.09 Orchard Supply Hardware Field Supplies,2 Tool Boxes, Blind Spot Mirror,Water System Hydrant Parts, Plumbing Supplies For Water Tank&Motorcycle Tie Down Straps 10864 $378.93 Mallory Company Barricade Tape 10865 $350.00 Secretary Of State Fee For Registration Of Trademark/Service Mark 10866 $313.82 Ketch-All Company Ketch-All Poles 10867 $313.63 Minton's Lumber&Supply Split Rails&Posts 10868 $305.42 Grainger Field Supplies&Traffic Markers 10869 $292.50 Normal Data Consulting Services-Citation Database Development&Support 10870 $272.39 Del Rey Building Maintenance Janitorial Supplies-AO 10871 $271.65 Priority 1 Public Safety Equipment Strobe Power Supply For Patrol Truck 10872 $266.90 Foster Brothers Lock&Key Services 10873 $250,00 Rachel Demitrios Revisions To Electronic Incident Report Form 10874 $247.00 Le's Alterations Uniform Expenses-Charges For Sewing Patches 10875 $230.99 Reeves,Michael Reimbursement-Training Expenses 10876 $229.30 ADT Security Services Alarm Service-SFO 10877 $209.76 Summit Uniforms Uniform Expenses 10878 $208.82 Philip Williams&Associates Dambreak Analysis-RSA 10879 $201.50 San Francisco Chronicle Subscription Renewal 10880 $196.00 Metro Mobile Communications Radio Repair 10881 $193,35 Cartridge World Printer Cartridges 10882 $191.02 California Water Service Company Water Service-AO&SFO 10883 $181.34 G&K Services Shop Towel Service 10884 $169.97 Costco Office Supplies For FFO&RSA 10885 $163.70 West Payment Center Legal Research Fees 10886 $163.01 Stevens Creek Quarry Rock For Regnart Culvert Replacement 10887 $160.15 Allied Waste Services Garbage Service-Hosking Barn 10888 $156.84 Lampson Tractor Tractor Supplies-Oil Filters 10889 $146.20 Royal Brass Hydraulic Hose For Tractor 10890 $143.95 Target Specialty Products Landscaping Supplies 10891 $142.98 Green Waste Garbage Service-SFO 10892 $142.86 Life Assist First Aid Supplies 10893 $140.00 California Department Of Public Health Water Treatment Operator Certification Fees 10894 $135.56 Bay Area Air Quality Management Fuel Tank Permit-FFO District 10895 $125.63 G.P.Sports Patrol Motorcycle Helmet 10896 $122.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff Page 2 of 3 Claims No. 09-14 Meeting 09-23 Date 8/7/09 Midpeninsula Regional Open Space District # Amount Name Description 10897 $117.66 Bolle, Ken Reimbursement-Uniform Expense 10898 $108.07 Design Concepts Graphic Design Services-Envelopes For Trail Brochure Packets 10899 $107.32 Madco Welding Supplies 10900 $95.02 Forestry Suppliers Poison Oak Cleanser&Sun Block 10901 $94.55 California Water Service Company Water Service-Rental Residences 10902 $91.48 Design Signs Gate Letters For SFO&FFO 10903 $81.00 Liebert Cassidy Whitmore Legal Services&Advice 10904 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 10905 $67.93 The Workingman's Emporium Uniform Expenses 10906 $65.00 Northern Energy Propane Tank Rental-Rental Residence 10907 $64.15 McKowan, Paul Reimbursement-Volunteer Training Expenses 10908 $60.54 CSK Auto Windshield Wash,Squeegee,Touch Up Paint&Engine Oil 10909 $58.83 Carlson, Kerry Reimbursement-Uniform Expense 10910 $57.06 Jackson-Hirsh Laminating Supplies 10911 $50.00 Revenue Collections-City Of Palo Alto Legal Services-Parking Citation Review 10912 $%00 Ergo Works Ergonomic Equipment 10913 $48.99 San Jose Mercury News Quarterly Subscription 10914 $43.00 Allen's Press Clipping Bureau Clipping Service 10915 $40.07 Hapke,Alexander Reimbursement-Signboard Supplies 10916 $38.02 Pine Cone Lumber Field Supplies-Fence Rails 10917 $29.35 B&J Trading Spray Gun Swivel 10918 $11.80 Barron Park Supply Plumbing Supplies Total $233,602.14 *1 Urgent Check Issued 7/24/09 *2 Urgent Check Issued 8/3/09 *3 Urgent Check Issued 7/29/09 *4 Urgent Check Issued 8/6/09 *5 Urgent Check Issued 7/28/09 *6 Urgent Check Issued 7129/09 'III Page 3 of 3 ` � � � K8idpem|n5ulaReg|Ona| � � | Open Space District � R-09-66 Meeting 09-23 � | August 12, 2009 � AGENDA ITEM 4 AGENDAUTEM | Proposed Addition of Santa C|ocu County Tax-Defaulted Property to the Cathedral Oaks Area of 8ieooAzu| Open Space Preserve (Santa Clara County Assessor's Parcel Nunnher562-09-O|8, located immediately south of Mt. Thayer in unincorporated Santa Clara County) and Determination that the Recommended Action is Categorically Exempt froo`tbc California Environmental Quality &ui(CEAA). | - � | ^ � ACTING GENERAL MANAGER'S RECOMMENDATIONS {. Determine that the recommended actions are cn1cgnriuu||y exempt from the California Environmental Quality Act (C6(}&) um set out in this report. � 2. Adopt the attached Resolution electing to purchase the above-described tax-defaulted parcel. 3. Adopt the Preliminary Use and Management Plan contained in this report, including naming the property as an addition to the Cathedral Oaks Area of Sierra AzuI Open Space Preserve. � 4. Indicate Your intention to dedicate the property as public open space after approval of the 8ierru /\zu| Open Space Preserve Master Plan. SUMMARY � The Midpeninyu|u Regional Open Space District(IJiatricd io proposing tn purchase the 4|.7-acrm Santa Clara County Tax-Defaulted (Loino) property, n1aprice of$7,|O0. This report describes � the property proposed for purchase, a Preliminary Use and Management Plan, the environmental rc,icvv the purchase � � ` ! DISCUSSION At the Board meeting of February 7, 1991, the Board approved a resolution electing to purchase this same property ue part ofu Santa Clara County tax-defaulted sale. The purchase was never | completed (See Report N-9|-2l). /\t the time, u nearby neighbor paid the back taxes onthe property in hopes o[acquiring the property through adverse possession. As the property has no deeded access and is not adjacent tothe neighbor's property, the neighbor was unable to take � ' R-09-66 Page | | possession o[the property. Therefore, the parcel im now again available through the Santa Clara County tax-defaulted sale as taxes have not been paid. Staff recently contacted the neighbor and indicated that the District will again register unobjection on the property with the County to purchase itby year end. The neighbor i000 longer interested in the property / Staff recommends that the District exercise its right again to purchase this parcel through a "Chapter 0" tax-defaulted sale provision. � PROPERTY DESCRIPTION (see Exhibit B) The proposed 41.7-acre acquisition is a tax-defaulted parcel located on east side of a prominent ridge south of Mt. Thayer(3,484 feet). It is surrounded on three sides by District lands. San Jose � Water Company property adjoins the eastern boundary. The property ia remote and � | undeveloped. � Irregular topography dorninates the property which is characterized by two knolls on the � northwest and southwest corners. /\ saddle between the knolls lies approximately in the middle � of the western boundary with a canyon formed by a headwaters tributary to Austrian Gulch � cutting through property from northwest to southeast. There is rc|n|ivs|y gentle terrain onand between highest knolls with steep slopes on rest ofproperty. Austrian Gulch drains into Lake � E\nrnun, which feeds into Los Gatos Creek and Lexington Reservoir. | The San Andreas Fault Zone and the Sargent Fault, located in Los Gatos Creek Canyon, are � located approximately two miles twthe southwest. The soil classification is Los Gatos-Moy,nen which is considered highly erodible; given the steep slopes, high erosion ioapossibility. | � The property appears to have been untouched by the Lexington fire ofl985. Tall firs and some scattered knobcono pines D|| the tributary creek drainage. South-facing slopes support udense chaparral community which is dominated by manzanita. Commonly associated species include � chunnise bu�kbruoh scrub io�nn ooffecbcr?y and coyote brush. Connnmonomonnonu|xin | ` ` ` ` chaparral communities include deer, coyote, brush rabbit, dusky footed wood rat and feral pig. The tributary creek would provide a water source for wildlife, making the property valuable � wildlife habitat in this generally dry area. � The closest roadway access points are on Mt. Umunhum and a San Jose Water supply road � connecting Mt. Urnunhum with Austrian Gulch. The District currently has a patrol and � maintenance easement to use this road toaccess District properties including the Lainc parcel. The primary use orthe land would hcao watershed protection, wildlife habitat, and virvvohcd. PRELIMINARY USE AND MANAGEMENT PLAN Planning Considerations This property is located in an unincorporated area of Santa Clara County and is zoned 0S (Hillside), requiring u20'to 100-ucre moioionuon lot size based upon u slope density formula. The property consists ofone legal non-sub dividable parcel with one residential site allowable. | Residential development of the property would be difficult given the lack of road access and steep slopes. Preliminary Use and Management Plan (Next Steps) | The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Plan is amended, ornComprehensive Use and Management Plan orMaster ' R-09-66 Page Plan is prepared. Ubinnut#|y" the property will be included in the Master Plan for Bear Creek � Redwoods and Sierra Azu| 8nen Space Preserves. The propcdyvviUbcn�u�ia�cdinanu�na � -, condition, and no changes to land use are anticipated. If changesto kzod use are proposed in the future, the Plan would be subject to further environmental review and public input. Sierra Azul Open Space Preserve. Public Access: Closed to public use. Signs and Site Security: Install Preserve boundary signs where appropriate. Install District appropriate at access points. Site Safety Inspection: There are no known safety hazards on the site. Patrol: Routinely patrol the property utilizing existing roads, coordinating with the adjacent private property owners as needed. after approval of the Bear Creek Redwoods/Sierra Azul Open Space Name: Name the property as an addition to the Cathedral Oaks Area ofDedication: Indicate the intention to dedicate the property as public open space Preserve Master Plan. ' CEQADETERM8NATUON Project Description The project conaimtmof1hopurcbnucofa4l.7ucnzpvopcoyuaanaddbiontothcCatbcdra| 0uks � area of Sierra Azul Open Space Preserve, and the concurrent adoption of a Preliminary Use and � | Management Plan for the property. The land will bc permanently preserved uo open space and will hcmaintained inu natural condition. C|0QADutermuimmtiwn | The District concludes this project will not have u significant effect onthe cnvironnmenL It is ' � categorically exempt from CEO/\ (California Environmental Quality &rd under Article 14. Sections \5316, |53l7, )5325and |5Oh|(b)(3) o[the CB(}/\ Guidelines usfollows: 3cudon 153 16 exempts the acquisition of land in order to create parks if the site is in a � natural condition and the management plan proposes to keep the area in a natural � condition. The Preliminary Use and Management Plan specified that the land will not be developed and will ncnnuin in unuturo| condition. � Section 15317 exempts the acceptance of fee interests in order to maintain the open space � character n[an area. The District will acquire fee interest and maintain the open space character of the property. � � Section 15325 exempts transfers of ownership of interests in land in order topreserve � open space. The acquisition will transfer ownership k/the District and ensure the � property is preserved as open space by incorporating it into the Cathedral Oaks Area of � � Sierro /\zu| Open Space Preserve. The acquisition qualifies under all three sections and is also exempt under section 1506|(h)(3), as there is no possibility the actions may have m significant effect oil the environment. TERMS & CONDKTUKVN8 The Santa Clara County tax-defaulted Laino property is being acquired through Chapter oa|c at a purchase price of$7,100, A Chapter 8 sale allows qualified public agencies to acquire tax- | ` � ' R'09-66 Page defaulted properties at the minimum bid amount set by the county tax collector, without the necessity of public auction. The purchase price is set by statute aa the cost of defaulted taxes and assessments and any cost ofsale. The final cost figure io determined nndhecffeodvcduteofthe sale. |1ia anticipated that the final amount will not exceed 10,000. | FISCAL IMPACT � � � � PY2OO9-|0 Budget for New Land Purchases: | New Land Purchase Budget Land purchased approved this fiscal year ($3,885,000) ` UC Elkus Ranch Upland Property ($4,500,000) New Land Purchase Budget Remaining $11,605,000 | � * Estimated cost erring ou the conservative side to ensure that there are adequate funds to finalize the tax sale. � PUBLIC NOTICE Property owners of land located nJiaccn|to or surrounding the Subject property have been mailed | a copy of the agenda for the public meeting at which the Board of Directors will consider this � � purchase. NEXT STEPS � Upon approval b» the District Board of Directors, staff will transfer the tax-defaulted property to � District ownership. Upon close of escrow, the District's Operations Department will incorporate � the property into the patrol and management of the Cathedral Oaks Area of Sierra AZLII Open � � Space Preserve, uadescribed in the Preliminary Use and Management Plan. � � � Attachments: � � |. Resolution � 2. Exhibii0: Santa Clara County Tax-Defaulted "Loinc` Parcel � 3. Exhibi< C: Santa Clara County Purchase Agreement Prepared by: � OainuCuzick, Real Property Specialist Sandy Sommer, Senior Real Property Planner Contact person: � E|uinaCuzick, Real Property Specialist Graphics prepared by: Gretchen Lou,toco, Planning Technician RESOLUTION 09- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA 1 REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE TAX DEFAULTED PROPERTY,AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE—TAX DEFAULTED LAINE PROPERTY, SANTA CLARA COUNTY, ASSESSORS PARCEL NUMBER: 562-09-018) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between the County of Santa Clara and the Midpeninsula Regional Open Space District (see Exhibit C) and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein ("the Tax Defaulted Laine Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $2,500.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve i any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real and expects to use tax-exempt debt such as bonds but a tax-exempt r acquisitions a ra e tp p P Yp p _ n financing is not cost-justified for the District unless the principal amount of file financing large c g is e g enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of$10,000.00. A 1�'� - r� Mt. Thayer;. �- Lain Parcel e . 562-09.018 lid 4 i 4 I t�l t•!1� {� . r d - J C J _ Q A y l Exhibit B: Santa Clara County Tax-Defaulted "Laine" Parcel MROSD easement • Midpeninsula Regional Open Space District, August 2009 IM Partial MROSD ownership Exhibit C County of Santa Clara Gou Tax Collector Tax Collections Division County Government Center. East Wing 70 West Hedding Street 1850 San Jose California 951 10 C (408)808-7900 FAX 279-0357 AGREEMENT TO PURCHASE TAX DEFAULTED PROPERTY This Agreement is made this July 24, 2009, by and between the Board of Supervisors of Santa Clara County, State of California and the Midpeninsula Regional Open Space District ("PURCHASER"), pursuant to the provisions of Division 1, Part 6,Chapter 8, of the Revenue and Taxation Code. The real property situated within said county, hereinafter set forth and described in Exhibit "A" attached to this agreement is tax-defaulted and is subject to the power of sale by the Tax Collector of said county f6i the nonpayment of'taxes, pursuant to provisions of law. TERMS AND CONDITIONS It is mutually agreed as follows: I. That, as provided by Section 3800 of the Revenue and Taxation Code, the cost of giving notice of this agreement shall be paid by the PURCHASER. 2, That the PURCHASER agrees to pay the sales price for the real property described in Exhibit "A" as defined in Revenue and Taxation Code § 3793.1, the sales price shall include the following: a All defaulted taxes and assessments and all associated penalties and costs, redemption penalties and fees incurred through the month of the sale, which are estimated at $7,100 based on an estimated sale date of January 2010, See Exhibit "A". Once the Tax Collector has received an executed copy of this agreement from the State Controller, the final amount will be determined based on the actual effective date of this agreement as provided in Revenue and Taxation Code § 3802 3 PURCHASER agrees to make payment in full within 10 days after the effective date of sale. Upon receipt of payment to the Tax Collector, the Tax Collector shall execute and deliver-a deed conveying title to said property to PURCHASER, 4. That PURCHASER agrees to use the parcel(s) for public purposes within the scope of its legal authority, 5 That PURCHASER will not share in the distribution of proceeds from this sale. Page I of 2 DUPLICATE ORIGINAL If all or any portion of any individual parcel listed in Exhibit "A" is redeemed prior to the effective date of this agreement, this agreement shall be null and void as to that individual parcel This agreement shall also become null and void and the right of redemption restored upon the PURCHASER'S failure to comply with the terms and conditions of this agreement. The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. PURCHASER: APPROVED AS TO FORM AND LEGALITY: By COUNTY: ATTEST: Maria Marinos Liz Kniss, President Clerk of the Board of Supervisors Board of Supervisors APPROVED AS TO FORM AND LEGALITY: Lizanne Reynolds, Deputy County Counsel Pursuant to the provisions of Section 3795 of the Revenue and Taxation Code, the Conti-oiler approves the foregoing agreement this day of I _ John Chiang,California State Controller By Attachments to this ArZreement: Exhibit A —Attachment A I Page 2 of 2 DUPLICATE ORIGINAL EXHIBIT «A» I First Year Default Purchase Description Delinquent _ Number Price 562-09-018 2002/2003 562-09-018 $7,100 (Legal Attached, A-]) i i Attachment "A-1" To: Tax Collector's Office Legal Description for APN: 562-09-018 TRA: 80-008 City: County: i Santa Clara i Lot 1, Section 13, of Township 9 south,Range 1 West,Mount Diablo Base and Meridian, containing 41.,79 acres of land more or less. Recorded in Liber 188 of Deeds,page 546, i DOCUMENT: 20070239 Pages: 2 Fees No Fees Taxes Copies Recording requested by and AMT PAID when recorded,please deliver to: REG 1 NA ALCUMENDRAS RDE # 001 Tag Collector u, SANTA CL.ARA COUNTY RECORDER 12/16/2008 70 W.Hedding St.-6 Floor Attn:Alba Velazquez Recorded at the request of 2:50 PM County Agency �I NOTICE OF POWER TO SELL TAX-DEFAULTED PROPERTY Which,pursuant to law was declared to be Tax-Defaulted on June 2003 for the nonpayment of delinquent taxes in the amount of $475.36 for the fiscal year 2002-2003, Default Number: 562-09-018 Notice is hereby given by the Tax Collector of Santa Clara County that, pursuant to Revenue and Taxation Code §3691, (1)five years or more, or three years or more in the case of non-residential commercial property, have elapsed since the duly assessed and legally levied taxes on the property described herein were declared in default;(2)the property is subject to sale for nonpayment of taxes; and(3)the property will be sold unless the amount required to redeem the property is paid to the tax collector of said county before sale. The real property subject to this notice is assessed to: Laine,Ruth B and is situated in said county, State of California, described as follows: I Assessor's Parcel No.: 562-09-018 TRA: 80-008 County of Santa Clara Unincorporated SEE ATTACHMENT"A" State of California Executed on DEC $ 2008 Santa Clara County By Martha L. Williams Santa Clara County Tax Collector On-D-Q C ai�2O . before me, U�-�t h K.C ameros, Wa+0 r y (NL6 perrsonally appeared Martha L. Williamsroved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity,and that by her signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTI-NESS my hand and official seal. SARAN K. GAMEROS Q�ytP� Commission# 1644889 Notary Public -California Notary Public Alameda County RTC §§3691,3691.1,and 3691.2 MyCOMMS MMar9,2010 O F F I C E O F C O U N T Y A S S E S S O R S A N T A C L A R A C O U N T Y, C A L)F O R N I A 800K PAGE 562 9 I o U.S.A.: T 95 A.IW � a -,a, 48• I I LOT I I LOT e ! 1a'f 9 LOT IS LOT 1 I IOTe j lOT9 I LOT IS •L•,.. I ltnn It.) haett) 1 J 1 ana.• I astu• 1•In.•1 I pnSA•1 I � UV` 1 ° a N vn I P l o+r��v�' 1 � � • I I�� •I I MIOPENINSULA REG. )� G351 AL) I IOPEN SPACE OIST.I — I II — 16 I o- L0T2 LOT7 LOT' I LOT IS LOT T I LOT LOT/a O 11DT IS f kl e�••) I Oo is a.} L �r (an.n.:> ) (u 7e A•1 (ano•.1 Zane A•) • m17 a•) lxts t..) n �IIOAL. 111.8. 1 A 21 I 3 lj 50 d 7 nT.IL 4 IOTaL � I+I I 3L 6 I {❑ei s:�_) 304.33 AC. TOTAL I a 1 1 , MIOPENtNSULA REGIONAL OPEN SPACE DISTRICT 1 «UDa[J :-:�• L8Y 11 I LOT 14 LOT 5 LOT 6 11 lbT 11 I LOT la 49 3 Carta AI (t1.7e Ar) an9t. I 403 A• --11(31.33 A�) 153.QA�1 i jMIDPENINSULA REGIONAL I MIDPENINSULA I , 1 8 I I OPEN SPACE DISTRICT `REGIONAL OPEN eeIDPEr+INSULA REWCriAL 1 SPACE DISTRICT OE.En SPACE DISTRICT 83.52 AC. TOTAL 1 1 Q 27 i2 )9 AC TOTAL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i I I - I 1 . I I W8. ' 1 1 I 52.39 A..TOTAL ) i 31 II lot Ii LOT M IOTA I LOT S I LOT 12 LOT 13 ) I ru7.u1 unea•) 11-9k') I Ial7atq (7071 y (7L°aael I tntAc I i 4 I UtOPENtNSULA REGONAL' I. OPEN SPACE DISTRICT i5 1 LV W LOT 194 5. ) W W LOT 193 10428 AC e3S2 AC'TOM 10 II i 9 I I I BOCK dL..,u.tdr LAWRENCE E STONE— ASSESSOR CadmUd map le ctcrmml purpma oN} complyd-de R&T.Code,Sec 321. Elbctim Rod Ya°r 2OL0.20fl k8|dp8niOsV|aRegiona\ � | Open Space District . __------- R-09-9| � MredngOg'23 August |2, 20U9 � AGENDAI1[EM 5 � � AGENDA00EM � / Approve the purchase nfthe University ofCalifornia Bcgcrtu Elkus Ranch Uplands Property located in unincorporated Sun Mateo County (45O-ucrc portion of San Mateo County Assessor's Parcel Number 0hh-2VU-07O) usun addition to Puriuinou Creek Redwoods Open Space Preserve; � Adopt the prc|irninu,y Use and Munugcnncni Plan; and Approve u Categorical Exemption in | Accordance with the California Environmental ()uu|iiy /\ct. | ~ ACTING GENERAL MANAGER'S RECOMMENDATIONS | Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CE()A) ao set out in this report. 2. Adopt the attached Resolution authorizing the purchase ofthe University of California (Elkus Ranch Uplands) property. � � 3. Adopt the Preliminary Use and Management Plan as set forth in this report. � 4. Designate the property auun addition toPudmirnu Creek Redwoods Open Space Preserve. 5. Indicate the intention of the Board 1u dedicate the property as public open space. � SUMMARY � The Midpeninou|a Regional Open Space District (District) is proposing to purchase the approximately 450-acre University of California Regents (UC) Elkus Ranch Uplands (Uplands) property, at price o[$4,500,U00. The following report presents udexoription of the UC Elkus Ranch Uplands property proposed for purchase, the [nnmtnidc Protection Plan p,00cmu, o Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions and financial considerations. R-09-91 Page 2 DISCUSSION The approximately 450-acre Uplands property being considered for purchase by the District is located immediately west of the Purisima Creek Redwoods Open Space Preserve south of Purisima Creek Road, approximately 11/z miles east of Highway l (Cabrillo Highway) and 7 miles southeast by road of the unincorporated city of Half Moon Bay. UC received the property from the Elkus*family as a gift in 1975 to be used for their 4-H youth program as part of the UC's Cooperative Extension. The property is within the Coastside Protection Area, an area that was annexed into the District boundaries in 2004. Property Description (see attached map) The UC Elkus Ranch Uplands property provides a natural extension of the open space preserve system since it is located immediately west of the former Peninsula Open Space Trust(POST) (Forde) property and southwest of the recently purchased POST (Bluebrush Canyon) property, both now part of the Purisima Creek Redwoods Open Space Preserve (the Preserve). The coastal landscape of the Uplands property consists of grazed rolling grasslands, steep brushy canyons, and lush creek corridors that represent the great diversity of coastal San Mateo County. Rising to a height of over 800 feet, the property possesses unparalleled views of the coastline and the western Santa Cruz Mountains. It includes part of Lobitos Ridge, a prominent and imposing ridgeline extending from the Preserve west to the coastal lowlands, separating the watersheds of Purisima Creek to the north and Lobitos Creek to the south. This ridgeline is central to the open, rural landscape of the region, whether seen from the Preserve or Highway I and the coastal lowlands below. Likewise, views of the ocean and lowlands from the ridge are spectacular. The proposed Uplands purchase is a portion of the property owned by UC. The purchase does not include their approximately 150-acre Elkus 4-H Ranch environmental education and retreat center located in the canyon below. UC is retaining this facility, which provides hands-on environmental science, California history, animal care and agricultural programs for more than 6,000 youth and adults from the greater San Francisco Bay Area each year. The steep and brush covered canyon slopes provide a natural buffer between UC's facility and the Uplands property, thus ensuring that the uses of both properties will remain compatible. Resource inventories performed by consultants and District staff have revealed a wide variety of plant and animal habitats. The Uplands property is dominated by open grasslands with scattered native perennial grasses, coastal scrub and riparian woodlands shading the creeks. The property has moderate populations of invasive thistles and velvet grass, both undesirable weeds. With approximately l'/a miles of perennial stream frontage and several seasonal ponds, the property possesses significant watershed and riparian values. The middle waters of Purisima and Lobitos Creeks originate on this property. Forming the approximate southern property line, Lobitos Creek is a free-flowing stream, host to steelhead trout despite the presence of two known fish passage barriers at Verde Road and Highway 1. Pockets of spawning gravels and young-of- the-year steelhead or resident rainbow trout were observed in a recent California Department of Fish and Game (CDFG) stream survey. According to CDFG staff, if fish passage barriers were ever removed, Lobitos Creek would have excellent restoration potential for the benefit of steelhead trout due to the undisturbed watershed in which it's situated. The Uplands property does not include direct frontage on Purisima Creek. R-09-91 Page 3 I The Uplands property provides a rich resource for many wild animals, including mammals such as mountain lions, coyotes, bobcats and dusky-footed woodrats. Predatory birds, including red- tailed hawks, Cooper's hawks, sharp-shinned hawks and loggerhead shrikes, frequent this landscape. In addition, a wide variety of songbirds are found on the property. The seasonal ponds provide potential breeding habitat for the rare and threatened California red-legged frog. i Current Use and Development No structures are found on the Uplands property. Mr. Vince Fontana, a lifelong coastside cattle rancher, Currently leases the property from UC, conducting seasonal grazing and maintaining the property's roads and fence infrastructure. Mr. Fontana runs a seasonal cow/calf operation on the UC property during the spring and summer months, rotating his cattle on the 216 acres of grasslands. Fencing is present along the property perimeter, however no fence exists at the new property line dividing the District's proposed Uplands purchase from the retained UC property. Cattle are moved in and out by fording Purisima Creek to a corral adjacent to Purisima Creek Road on the retained UC property. Livestock watering is the limiting factor to grazing on the property since no water infrastructure is present. In 2004, qualified UC staff performed a Phase I Environmental Site Assessment of the Uplands property. District staff has conducted due diligence investigations and inspections, including a review of records on file with the San Mateo County Planning, Building and Environmental Health Departments and with the County Tax Assessor. The proposed property purchase is within the Half Moon Bay Oil Field, one of several known oil fields in San Mateo County. The lands nearest to Purisima Creek Road (not proposed for purchase) were the site of petroleum exploration and small scale production first starting in the early I890s. Between the late 1940s and early 1970s approximately five exploratory oil wells were drilled on the Uplands property. The drilling sites were dry or unproductive, and all well sites were subsequently capped and formally abandoned through the State Department of Conservation, Division of Oil, Gas and Geothermal Resources. Based upon review of these property disclosure documents and San Mateo County's property records and files, staff is satisfied that no underground storage tanks or other hazardous conditions exist on the Uplands property. Potential Future Use and Development Although not proposed for consideration at this time,the property could potentially be open for low-intensity recreational use and integrated into the overall District trail system in the future after the long-term planning process is completed, unless precluded by environmental, agricultural or other constraints identified during this process. The District's 1998 Regional Open Space Study shows a potential regional trail connection in the vicinity of the property that may someday provide a link between the Bay Area Ridge Trail in the Preserve and the California Coastal Trail currently under construction along the coastal bluff tops to the west. Coastside Protection Program Process As part of the annexation process, the Coastside Service Plan and subsequent conditions approved by LAFCo established a number of policies and procedures for implementing the R-09-91 Page 4 Coastside Protection Program. The Program now guides the District's purchase, use and management of open space land within the Coastside Protection Area. The proposed purchase of the Uplands property described in this report and the accompanying Preliminary Use and Management Plan is consistent with the policies and procedures contained in the Program. The Coastside Protection Program requires consultation with interested public agencies, officials and organizations to solicit input in the planning process prior to the Board's consideration of purchasing the property. On January 19, 2009, District staff met and consulted with the San Mateo County Farm Bureau, who generally supported the project and provided information about past agricultural use of the property. On December 15, 2008, the project was presented to the San Mateo County Agricultural Advisory Committee where it was generally supported. District staff assured both the Farm Bureau and the Agricultural Advisory Committee that agricultural concerns would be carefully considered in future planning for the property, and that the decision-making process would include numerous opportunities for their participation and input. The District's Real Property Committee, a standing committee of the Board of Directors, held a meeting near the property (within the Coastside Protection Area) with neighbors and interested members of the public in order to familiarize them with the property and to receive public input on the proposed purchase of the property. This meeting was held on January 22, 2009 after notice was widely distributed to property owners of land located adjacent to or surrounding the property, and Coastside public officials, community-interest groups, non-profit land trusts, conservation-oriented organizations, elected officials, government agencies and government- sponsored organizations within the Coastside Protection Area. Over 20 members of the public attended the meeting. At the meeting, staff described the property and how it would be managed as a natural extension of the adjacent Preserve, the proposed preliminary use and management plan for the property and the terms of the proposed purchase. USE AND MANAGEMENT Planning Considerations The property has a density of four residential sites as determined by San Mateo County. Development for residential purposes would be feasible, since construction of roads to access the property is possible and there are many relatively level building sites along or near ridgetops. Within close proximity are numerous homes visible from, and close by, Purisima Creek Road on one to twenty acres of land. The property's upper ridgelines are visible from the Cabrillo Highway (Highway 1), a state-designated Scenic Highway. The current San Mateo County General Plan designation for the property is Agriculture, and the zoning is Planned Agricultural District/Coastal Development (PAD/CD). Adjacent private properties to the northeast, southwest and south are also zoned PAD/CD. District staff requested that San Mateo County review the conformity of the District's proposed property purchase with the County General Plan. Because the General Plan land use designation is Agriculture, the conformity review was referred to the San Mateo County Agricultural Advisory Committee. On December 15, 2008, District staff made a presentation about the property purchase to this Committee. On January 28, 2009, the San Mateo County Planning Commission conducted its conformity review and found the purchase in conformance with the General Plan. I R-09-91 Page 5 According to the California Department of Conservation's Farmland Mapping and Monitoring Program (FMMP) 2008 update, the Uplands property does not contain Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Approximately 220 acres are shown in the FMMP as suitable for grazing, with the balance shown as "other lands" comprised of steep scrublands. Although some of these lands suitable for grazing may have been dry farmed historically, these lands are currently fallowed with no obvious infrastructure present. The Preliminary Use and Management Plan provides that the District will continue to lease the property to Vince Fontana for seasonal grazing to maintain the grasslands and provide fuel management under a month-to-month lease under the General Manager's authority. District staff has begun working with the District's agricultural management consultant to prepare a grazing management plan for the property for future Board review and consideration, after soliciting public input. As part of future planning for the property, Staff will prepare a longer term grazing lease for the Uplands property in conjunction with the proposed 340-acre POST (Lobitos Ridge) property purchase to the east. It is anticipated that this longer term grazing plan and lease will be presented to the Board in early 2010. The 1985 Purisima Creek Adjudication Decree No. 278007 and subsequent modifications (the Decree) authorizes UC to use the waters of Purisima Creek and its tributaries, though the water must be used in accordance with the restrictions in the Decree. As part of this transaction, UC is retaining their adjudicated water rights to Purisima Creek (both domestic and stock watering). However, the District as owner of the Uplands property is authorized to continue to use, repair and maintain two small stock watering ponds in the Purisima Creek watershed for continued grazing on the Uplands property. The District will receive 100%of UC's water rights associated with Lobitos Creek. In general, the existing seasonal ranch roads on the property are in good condition and do not show signs of substantial soil erosion. Under the terms of the current lease, the grazing tenant is obligated to repair and maintainall roads used for the grazing operation and to prevent and control erosion resulting from their use. Primary vehicular access to the Uplands property is via paved road from Purisima Creek Road, using a shared access easement over private property. The paved road then crosses a bridge over Purisima Creek on an easement over the retained UC property, leading to a steep overgrown tractor road on an access easement which connects to the Uplands property. This appurtenant access easement allows for patrol, maintenance, employee, or docent use, but not general public use. Staff estimates that the cost for District field crews to make this overgrown section of the access easement suitable for patrol purposes will be approximately $30,000 to $40,000. This expense will be drawn from the Land Expenditure—Miscellaneous Site Acquisition Expense budget category in the next fiscal year as a cost associated with the purchase of the property. To create a through connection from the Uplands property to the remainder of the Preserve, as part of the purchase of the former POST (Bluebrush Canyon) property, the District obtained a license to use the unpaved ridgetop road on the POST(Lobitos Ridge) property to the east for patrol and maintenance purposes. The Uplands property is also accessible on a permissive basis K-09'91 Page from the private property to the west. The owner of this property has been cooperative with the District's access needs. � The Dean Trail currently leads from the UC Elkus Ramchfaci|ity1odepmpcny. Thepurchase agreement allows iJC t* continue to use this trail to access the Uplands property umdiscussed further under Terms and Conditions, however this trail is not open tothe general public or neighbors. Moreover, the Uplands property does not directly abut the remainder of the Preserve and ia surrounded on all sides by lands not generally open torecreation. For these reasons, the Uplands property is not well-suited |o docent access or neighbor access permits. � Preliminary Use and Management Plan (Next Steps) The principal purpose of the Preliminary Use and Management Plan is to establish a status quo land management approach to be effective in the interim between the purchase and the cornpletion of a subsequent long-term plan. This plan outlines the uses that can occur on this property in tile near terrn and the management methods for ensuring the compatibility of the uses with each other and with neighboring properties. |t also outlines actions to protect and hu|mnoe the agricultural and natural resource potential and initiate activities needed to inform long-term � planning and management. The Preliminary Use and Management Plan below will take effect upon the close or escrow and will ronnuio effective until a long-term p|uu is developed for the property. The Preliminary Use and Management Plan includes continuation of grazing under the provisions of a grazing lease, | � � provides for resource management, posting signs and securing the site, as described more fully � hc|ov/� All roidgationnneuuurcucontained in the CoamtaideEl}� are incorporated into this � Preliminary Use and Management Plan. Name: Designate the property asun addition 10 Purioinnu Creek Redwoods Open Space Preserve. � Public Access: Designate the property as closed to the public. Issue neighbor permit to 0C Elkus Ranch allowing educational group hikes on the property, accessed from UC`u Dean Trail easement. Signs and Site Install private property, closed area and preserve boundary signs where | Security: appropriate. Resource Conduct udetailed resource assessment o[the property, covering such topics Management: uo vegetation management and special status plants and animals. Use conservation grazing, consistent with the Rangeland Management Plan, as u vegetation management tool to reduce invasive weeds and encourage native | grasses within the property's grasslands. Conduct other interim invasive plant and animal management activities consistent with the District's policies and practices. Rangeland Continue mcaaonu| grazing under anew month-to-month grazing |cnme with Management: the current grazing tenant under the General Manager's authority. Prepare a grazing mnanugonneoi plan and longer term rsucvvub|s grazing lease in � R-09-91 Page 7 accordance with the District's Coastside Service Plan and the District's Grazing Management Policy. Present for the Board's future review and consideration. Use the stockwatering ponds within the Purisima Creek watershed consistent with the terms and conditions of the purchase agreement. I Patrol: Regularly patrol the property utilizing existing ranch roads and patrol easements or licenses. Wildfire Fuel Conduct conservation grazing, as noted above, as well as other District-wide Management: fuel management practices. Further assess vegetative communities on the property to determine wildfire management needs and consult with San Mateo County and the California Department of Forestry and Fire Protection in developing a site-specific fuel modification and management program as part of the subsequent planning process. Roads and Perform maintenance and install minor erosion control measures on the Trails: overgrown section of the access easement, making the road suitable for patrol purposes. Keep existing primary ranch roads for seasonal use in coordination with the grazing tenant. Implement maintenance and minor erosion and sediment control measures for roads in accordance with District and Service Plan standards. Prepare a more detailed road and trail assessment of the entire property as part of the subsequent planning process. Fences and Maintain and repair existing gates and fences as necessary to prevent Gates: unwanted livestock movement onto adjacent private property and Purisima Creek Redwoods Open Space Preserve. Working with the tenant, fence sensitive riparian corridors to minimize the impacts of cattle access to the stream corridor. Install new fences and gates as necessary to prevent unauthorized vehicular entry at the property boundaries. Coastside Operate and manage the property in conformity with the provisions of the Service Plan: Service Plan for the Coastside Protection Program. Dedication: Indicate the Board's intention to dedicate the property as public open space. Subsequent Develop a long-term plan for the property and any additions to Purisima Planning: Creek Redwoods Open Space Preserve, including more detailed plans for grazing, resource management, public access, road and trail management, agricultural production, and wildland fuel and fire management. Since the property is within the Coastside Protection Area and is subject to the Service Plan, the process for developing a long-term plan involves conducting more detailed resource assessments to inform resource management, range management, and public access plans; further consultation with interested government officials, agencies and organizations; and an extensive public input process. The long-term plan will be subject to further environmental assessment under CEQA. | ' � R-09'91 Page C0QACOMPLIANCE Project Description � The projectconsistsofUheucquimitinnnftbn450-acrcUC [|kuuRanchUp|andmpropertyuuun addition to Purisima Creek Redwoods Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved � as open space and maintained in natural condition. The property will bc closed to the public and the majority of the property will be |euyud for cattle grazing. Existing ranch roads and the unpaved access easement will bc maintained according to District standards. | No decisions are being made now about future changes&oumc, mnanagenoeniorinnponvemments � | � / proposed for the property. l}\dnnaVe|y, the property will be included in o future long-term plan for the Purisiooa Creek Redwoods Open Space Preserve, which would be subject to further public input and subsequent environmental review. \n accordance with the Coastal Service Plan, the project inoorpocuteou|| oftbcCouatuidcE|R � mitigation measures that apply to land purchases within the Couetyidc Protection Area and is subject to the Coastal EIRL mitigation monitoring program. CEQA Determination The District concludes that this project vvi|inothavcuuiguifioantcffeotontbceuviononneuL It is categorically exempt from CB()/\ (California Environmental ()uu|i1y /\cU under Article 19, Snrdona |53U| |��|6 |53l7 )�]25 ond |500l(bV]) o�tb� (�fI{)/\ [;uid�\incm �nfh||ovvs� | ` ` ` ` ` '` ' ^ | Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing or � minor alteration of existing public orprivate structurca, tnoi|idrs, mechanical equipment, or topographical features, involving negligible or no expansion Of use beyond that ! existing u1 the time o[the lead agency's dctcnnination. The Preliminary Use and � � Management Plan specifies the property will be operated and maintained in a natural condition and there will beno expansion ofuse. The property will be closed tothe � � public; cattle grazing on the majority ofthepropertyvviUnortinucuudrcthecuoert � grazing lease; minor resource and vvi|dfinc fuel onunugennont activities will occur; existing � ranch roads and the access easement on UC's retained property will be maintained according to District standards. � � � Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain ina natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space � character ofnnarea. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed uu 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 o[the property tn the District � ` R,09-91 Page and ensure that it will be preserved as public open space by incorporating it into the District's open space preserve system. { This proposed purchase qualifies under these four sections. The project imu|soexcrnptunder � Section 1506 1(b)(3), as there is no possibility the actions may have a significant effect on the � environment. � | TERMS AND CONDITIONS The purchase price for the 45O-ococDC Elkus Ranch Uplands property iu $4,5O0,000. nc$|O,0O0 � � per acre. The Uplands property is being purchased "as-is" on an all cash basis at the close of � cycrnvv. The purchase price is supported by an appraisal commissioned by the UC and a more � recent independent appraisal commissioned by the District. The District is able to purchase the property from UC under a provision of the Public Contract � Code o[the State o[Ca|ihncniuu|yo known as "The Stull Act," which allowed the District as u public agency t* directly negotiate with UC and enabled \]C ho enter into this transaction without first having to undertake a public auction process. The Stull Act also requires that the property be | dedicated for public use. Accordingly, the District has agreed to dedicate the property in | perpetuity for public park and open space purposes. TJC has also reserved u pedestrian trail � easement in gross to the existing Dean Trail from the Elkus Ranch to the ridge line road onthe � Upland property tohe used in conjunction v/ithUC`meduon1ionu| pcogruroe. The open space dedication and trail pcurrvo1ioo provides uses which are compatible with the District's ownership | � and cornplements the 4-H and educational programs on the UC's retained property. � � As discussed earlier in this report, the University is retaining their adjudicated water rights io purioiruaCceck. However, the purchase agreement allows for the continued use o[two � stockwatering ponds in the Purisima Creek watershed for continued grazing on the Uplands ' propcdy. Under the T}iabiutvvi|| condnueto lease the propcdy � � , � to the existing rancher for seasonal grazing ouannondz-to-,00nth basis until u grazing plan and longer term |comc are prepared and presented to the Board for approval anticipated for early 2010. � BUDGET CONSIDERATIONS � � Fiscal year 2009'2O|0 budget for new land purchases: New Land Budget $20,000,000 Land purchase cornmitments this fiscal year ($3,885,000 UC (Elkus Ranch Uplands) property purchase ($4, 00,000) Santa Clara Tax-Defaulted (Laine) Property_ ($ 10,000) New Land Purchase Budget Remaining $11,605,000 CmotnmUrrM. Foster was consulted on this proposed purchase and has indicated that, considering | cosh Oop/ and account balances, funds are available for this property purchase. ' R,09-91 Puue |O Grants District staff applied for purchase funding assistance from two state grant programs. lu fall 2OO7, � � the District unsuccessfully applied for u grant of$2,0OO,O0O from the/\nudn`mous Sa|mnnnidu/[,oui Habitat category of the Habitat Conservation Fund to assist with the purchase of either the UC � Elkus Ranch Uplands property,the POST(Blusbruwh Canyon)property orauadjacent POST � owned property. � )n2O07, District staff requested u Proposition 04 grant from the California State Coastal � � Conservancy ho purchase the l]C Elkus Ranch Uplands property and other nearby pmnpcdica related to the regional trail connection discussed above under Potential Future Use and Development. The Coastal Conservancy imunable to award grant funds o1 this time due to the state bond freeze. For � these reason, the[]C Elkus Ruoob lIp|uudx property is being purchased solely with District funds. � Current oCamatmideProtection Area Fiscal Considerations Thc450-norc property is located in the ComateideProtcctiou Area and is subject to the | | Agreement between San Mateo County and the District regarding fire services. However, because the District is purchasing frorn a tax exempt government agency, namely the University o[California, the District is exempt from paying such fees under this Agreement. The property is not located in the La Honda-Pescadero School District, therefore, no fees will be payable under | the Agreement between the District and School District. The Countsidc Protection Program included o Fiscal Analysis conducted hy Economics Research Associates confirming the feasibility of implementing that Program. To ascertain whether the conclusions made in the Fiscal Analysis are valid for this particular project, staff has researched | the specific site conditions and expected costs associated with the proposed purchase and Subsequent management ofthe property. This site assessment indicated that acquisition and management costs for the UC Elkus Ranch Uplands property are expected to be consistent with ! the Fiaou| Analysis projections. � Furthermore, staff assessed the costs associated with this project andcnmpanzdd)srntotbe Controller's most recent |5-yeur projections ofcuehOovv, pcnpcdytusrcvenueundopcnniiug � expenses. Staff concludes that purchasing and managing this property will not result inany � significant impact tothe District's existing services, and that the District has the resources to � | sustain this project. | PUBLIC yN{0lCKC0 � � � An advance letter announcing the nnccling date and the agenda for this public meeting, where the Board of Directors will consider purchasing this property, have been sent to: * Property owners of land located adjacent to or surrounding the subject property. ° Individuals requesting notification about this specific property, including the grazing � � tenant on the property. � • /\gcudu subscribers. ° Individuals requesting notification of proposed 000utaidc and preserve projects. � R-09-91 Page 11 • Coastside public officials, community-interest groups, non-profit land trusts, conservation-oriented organizations, elected officials, government agencies and government-sponsored organizations within the Coastside Protection Area. • Attendees of the January 22, 2009 Real Property Committee meeting. The agenda and this report have been made available on the District's website. Accordingly, all notice required by the Brown Act and the Coastside Protection Program has been provided. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the Uplands property, and will undertake the next steps identified in the Preliminary Use and Management Plan contained in this report. A grazing management plan, longer term grazing lease and accompanying environmental documentation will be brought to the Board for review and consideration at a later date. Attachments: Resolution Attachment A - Property Ma p Y p Prepared by: Sandy Sommer, Senior Real Property Planner Mike Williams, Real Property Manager Contact person: Sandy Sommer, Senior Real Property Planner Graphics prepared by: Galli Basson, Planning Technician 1 RESOLUTION 09- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS,AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF THE GRANT DEED AND GRANT OF ACCESS EASEMENT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, A CALIFORNIA CORPORATION) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement and Escrow Instructions between The Regents of the University of California and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein ("the Uplands Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance for the Grant Deed and the Grant of Access Easement on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $50,000.00 to cover the cost of title insurance, escrow fees, access road improvement cost and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of$4,500,000.00 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the POST Property that are paid before the date of issuance of the obligation. Proposed UP Elkus Ranch Uplafls Purchase / rjy 4 �'Oado iiNi 4 1 Hd Mills Creek Mo(1rr i, x Open Space Pres rvf' Bay Ranc-hj ��(�� j; SFPUC 1 Golden Gate liurlei�,h wlulray i Wav(xcres State Park ! _. (POST N ion--.... �� „ ational Recreat ii Area oA s Huddart County `hY _ Former POST ; UC Elkus Ranch Uplands (Bluebrush "Park 450 acres portion of Canyon) i ^`t - 4 �• q� s„,,til sL`" z..d � POS Cal` a-ter �," Cowe State B lh *� ;y Ridlte} f r�`� ,. �� g \ ,.. � � i � � ,�,. �� ' • ti Corte de Madera Creek �Safe res "rve' T Anita ° ,,, ------ _IS { r , U I a Attachment A e - Proposed Addition ® POST easement �J Private Produced by Midpeninsula 0 v ' 0.5 1 District Preserves xY Non MROSD MROSD Coastal Regional Open Space easement over Protection Area District,July Zoo9 �1i1� Other Open Space water district Boundary ` ] ` � K8idpGniOsu|8R8g|OO8| � | � | Open Space District R-09-77 MectingO9-23 August l2, 2009 � AGENDA ITEM 6 i AGENDA07EM Award o Contract to Sto\ouki and (3muza|co, Inc. for Installation of Well and Livestock VVu1e, Distribution System a1Tuuitas Creek Open Space Preserve and Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act. ACTING GENERAL MANAGER'S RECOMMENDATIONS V |. Determine that the recommended action is categorically exempt from the California Environmental Quality Act (CEDA) uu set forth in this report. 2. Authorize the General Manager to execute o contract with Sto|oaki and Gonzales, Inc. for$68,290, and further authorize $22,710 for potential contingencies and alternate bid items, for ototal amount not toexceed $91`000, to install ovve||, solar-powered water delivery system, tunk, pipeline and water troughs on the Tunitay Creek Open Space Preserve. | | SUMMARY Water for livestock on the Tunitas Creek Open Space Preserve is currently provided by springs and associated infrastructure which are not adequate to support the grazing � operation recommended in the grazing management plan. Last year, the existing yyyteno � � was not able to provide water for cattle for seven months, and the cattle operator had to haul in water. Approval of the recommended contract will a||ovv inmtu||udnn ofawell and water distribution system that will provide u reliable water source to all pastures on the pvcacrvc for cattle and wildlife. DISCUSSION Setting The 7O7-acreTunitus Creek Open Space Preserve is located in the San Mateo County Coaotsido Protection Area, on the southeast side o[TunituxCreek Road, about two miles east ofState Highway |. The preserve is characterized by rolling, coastal foothill terrain � Q09-77 Page covered by grasslands, mixed evergreen forests, shrublands, seasonal springs and seeps, and one small, seasonal pond. The diverse resources on the property provide potential | habitat for o variety of plants and animals. Downstream of the project area, two perennial � creeks provide important habitat for otoc|bnadtrout, uupecico listed as federally threatened under the federal Endangered Species Act (E8/\). � History � The Tunitas Creek property has been in agricultural production for decades. Originally ` utilized for dry land farming on the ridge tops, the property recently has been utilized for livestock grazing. � � The District's goal for conservation grazing isto: "Manage District land with livestock � ! grazing that is protective nfnatural resources and that is compatible with public access; (o � maintain and enhance the diversity vo[native n|untandunirno| cornnnunidoy, nnunuge , . � vegetation fuel for �rcprotedion, help sustain agricultural local cconmnny, and � preserve and foster appreciation for the region`o rural agricultural heritage." Sage and Associates prepared u grazing management plan for TunitosCreek in 2007. The plan recommends a year-round (annual) grazing season of 489 Animal Unit Months � (/\UMu) io optimize vegetation growth and habitat. In order to support this |cvc| of grazing and make sure the cattle are encouraged to circulate throughout the different pastures, the plan recommends the development of a new livestock water system including u water well, puo`y, storage tanks, pipe and water troughs. | The grazing tenant has developed three springs on the property and plumbed them 0o water troughs, however they only provide water during the winter and spring months. � Due to the lack of adequate water onthe site in the summer and fb|| months, the grazing tenant has only been able to stock an average of 300 AUMS on a seasonal basis for the � � past two grazing seasons, and needed to haul water daily onto the ranch from June � � � through Dcccnnber2000 to provide drinking water for the oNU|c. � As a result of the lower than suggested stocking rate, vegetation densities on Tunitas � remain high resulting in an increased fire fuel load, encroachment hv brush onto the � grasslands, and decreased habitat value. Sage and Associates and the USDA Natural | Resources Conservation Service suggest leaving an average of 600-1,000 pounds per acre of residual dry matter(RDM) on O-3OY6slopes annually tomaintain gruoa|ood habitats. Tunituy Creek Open Space Preserve was left with over 2,000 pounds ufRDMon0-30Y6 � slopes last season due tothe low stocking rate. Design Options � In the Tunitua Creek grazing management plan, Sage and /\oaooiu1ca suggested the development of water well, solar pump, two 5,000-gu||on vvutcr storage tanks, 7,500 � feet of pipe and four concrete water troughs. Although this design would provide the optimum livestock water, it was found to be expensive, so other options were considered. Repair ofthe natural springs nuthe property with installation ofa new water delivery infrastructure was found to be inadequate because the springs would not provide water � � � R09-77 Page during the summer and fall months. A well-based system with a smaller water storage and delivery system was found to be adequate Un provide u reliable water source toall pastures on the preserve for cattle and wildlife at significantly lower cost than the original design. This revised design includes one 5,000-ga||on water storage tank, three concrete water troughs and 4,l0O feet ofpipe, in addition to the originally proposed well � and solar pump. � � The water tank, water troughs and solar system will be designed and installed to nncnt standards of USDA Natural Ftcmourccm Conservation Service. Wildlife cyoupe canopm will | he iuutu||cd in all icouQbx. During construction, vehicle traffic will be restricted to existing ranch roads, and the immediate work site. Where minor improvements of existing roads are necessary to provide access for construction equipment,these will be designed according to District specifications for preserve roads. Water lines will bc plowed into existing ranch roads and compacted tominimize soil disturbance and pntcndo| cn>aiun. � � CONTRACTOR SELECTION � Installation of water well and associated infrastructure requires specialized ukU|a, � knowledge and equipment. Staff released u Request for Bids oo June 29, 2OUg for the � services ofa specialized contractor. A pre-bid meeting was held on site onJuly 7, 2009. � Six contractors attended. Addenda clarifying certain issues that arose after release ofthe bid package were subsequently released on July |3` 2009. The following sealed bids were received on July 24, 2O09: Contractor (Basis of Contract Award) Lump Sum of All Materials and Installation $73 � � | � � � � Freitas Rangeland Improvements $78,950.00 � Nexgen Builders, Inc. $79,193.00 Pleasanton Engineering Sto|(skiand Gonzales, Inc. submitted aresponsive proposal with relevant experience and lowest costs. Sto|oaki and Gonzales, Inc. in nGenero| Engineering Contractor located in � Half Moon Bay with experience in plumbing, grading, pipe and tank installation, and � � � R09-77 Poue4 � work in rugged terrain. Having reviewed the bidder's quu ificatknu, ondthchid | proposal, staff recommends awarding the contract to Stoloski and Gonzales, Inc. Staff further recornmends authorization of an additional $22,7 10 to cover contingencies and bid alternates. Potential contingencies include the possibility o[u second well if the initial one is insufficient for District needs and the determination o[the actual length of piping required based onwell location. Although bidders were required 0o use the estimate of4|O0' for bid preparation, the actual length of the pipe run will hc the basis for � / compensation. � � FISCAL IMPACT � | The FY2009-1 0 Budget and action plan includes $91,000 to fund the well and livestock � water distribution system installation at Tunitox Creek Open Space Preserve. PUBLIC NOTICE Public notice was provided ay required hy the Brown Act. No additional notice io required. CEK»A COMPLIANCE AND PERMITTING The District concludes that this pro eot will not have a significant effect onthe � environment. It is categorically exenopiOronn CEO/\ (California Environmental Quality Act) under Article |9, Sections |5303 and |5304mf the [E()A Guidelines umfollows: � 8ccdon |53O] cs�ooptaconotcucdonoFnep/ unoa|| structure such uy the p/utc, � � � facilities proposed. � Section 15304cxennpi minor alterations k) land including the minor and � temporary alterations n[the proposed project. The proposed enma|| water delivery structures are consistent with the agricultural | � character of the existing landscape. The water storage tank will be |ovv-profi|eio nmininnizc adverse aesthetic effects. The pipeline will be installed on existing ranch roads and bare soil will be reseeded to � prevent new disturbance ofsoil and tocontrol erosion. The project site in located ona ! grassy ridge top away from creeks and springs; Tunibao Creek im located 0.0 miles down slope mf the work site. The work area does not contain sensitive plant or animal species or known cultural resources. The proposed depth o[the well iaatun elevation which is not prone tn salt water intrusion, not in u polluted aquifer orhard rook formation, and is | not under the direct influence o[n stream orlake. A Certificate of Exemption from Requirements for a Coastal Development Permit has been obtained by the District. The District has discussed the project with the County of � � � � Page|�09'77 Pu" San Mateo, followed their guidance and will apply for an Agricultural Water Well Pert-nit upon the hiring ofa specific contractor. The project iminanou-oJiudicutedvvutsnahcd. � | NEXT STEPS If approved by the Board, staff will finalize execution of the agreement with the contractor. The contractor will begin construction in September 2009, following issuance ofu Notice 0oProceed. Attachments: l. Project Map � Prepared by: � Clayton Koopnnunn, Rangeland Ecologist Contact person: Clayton Rooprnunn, Rangeland Ecologist � � Graphics prepared by: GaUi E>uuuoo, Planning Technician / � � � Water Infrastructure Improvements Tunitas Creek Open Space Preserve r , 1 l i i N �I % • Proposed Well Site t t� Optional I . _ _._. `_ Optional Well Site 2 -� Well Site 1 To i h m 11 (r i , s ov �v e ao oLL EXISTING NEW STRUCTURES 0 0.125 0.25 0.5 e O Spring 0 Tank Road O Miles Well ...... Natural Barrier (� Trough n Trough g �------�- Fence Produced by Midpeninsula Regional Pipeline Open Space District,July 2009 I Midpeninsula Regional ' Open Space District R-09-86 Meeting 09-23 August 12, 2009 AGENDA ITEM 7 AGENDA ITEM Authorization to Execute a New Communications Site Lease Agreement with C&C Equiptnent Company, Inc. (C&C), Including Addition of the National Park Service/Golden Gate National Recreation Area (NPS/GGNRA) Communication Tower at the C&C Communication Facility (C&C site) Black Mountain, Rancho San Antonio Open Space Preserve, and Determination that the Recommended Action is Categorically Exempt from the California Environmental Quality Act (CEQA). REAL PROPERTY COMMITTEE RECOMMENDATIONS 1. Determine that the recommended action is categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Adopt the attached Board Resolution authorizing the President to execute a new Communications Site Lease Agreement with C&C, including construction of the NPS/GGNRA communication tower at the C&C site. SUMMARY NPS/GGNRA is seeking approval from the District to construct a new 80 foot (80') communication tower at the C&C site at Black Mountain. Before the proposed tower can be constructed, execution of a new Communications Site Lease Agreement with C&C permitting NPS/GGNRA to locate the proposed tower within the C&C lease area and allowing C&C to enlarge the lease area is necessary. The proposed tower also offers the District an excellent opportunity to locate new communication equipment at Black Mountain to upgrade the District radio system. DISCUSSION Proposed NPS/GGNRA Communication Tower Project Elements - In 2006, NPS/GGNRA contacted the District to discuss their interest in locating a communication facility at Black Mountain, Rancho San Antonio Open Space Preserve. Discussions between the District and NPS/GGNRA to accommodate this request also included identifying opportunities for co-locating facilities with NPS/GGNRA to improve the District's own radio capabilities. In March of 2008, the District received a formal proposal from NPS/GGNRA to construct a new eighty foot (80') communications tower at the C&C site at R-09-86 Page 2 Black Mountain as part of a planned upgrade of their radio system to provide coverage for NPS/GGNRA's eighty thousand (80,000) acres of parkland north and south of the Golden Gate Bridge. Construction of the new communication tower was proposed for the northeast corner of the C&C site at Black Mountain (see Exhibit D-1). The tower would be a self-supporting, galvanized steel, triangular, lattice tower. It would hold two (2) eight foot (8') and two (2) ten foot (10') microwave antennas. Construction of the tower requires an addition to the existing lease area of an approximate twenty-eight foot (28') by nineteen foot (19') **bump out" of the fence line at the northeast corner of the C&C site. Construction of the proposed NPS/GGNRA tower created a unique opportunity to enhance the District's OWD radio system since the proposed tower construction supports larger microwave antennas needed to improve District radio communication capabilities. In addition, the proposed tower is at the C&C site at Black Mountain where the District's existing radio equipment is currently located. This site is a key communications hub for development ol'a District simulcast radio system. Details of the District's radio system, and its use of the proposed NPS/GGNP,A tower, will be discussed later in this report. Project Schedule - Staff contacted NPS/GGNRA to discuss the proposed tower. The schedule for the proposed NPS/GGNRA tower project was agreed upon as follows: Agreements and Permits completed: Summer 2009 Tower Construction start (tentative): Spring 2010 Tower Construction complete: Fall 2010 Project Complete: Spring 2011 However, start of construction may be moved up as NPS/GGNRA has received funding from the federal stimulus package for this "shovel ready" project. Planning Department staff reviewed the preliminary documents submitted as part of the proposal and made a series of recommendations which were forwarded to NPS/GGNRA. These included requests for a detailed environmental review, a report on the quantity of the electromagnetic emissions of the proposed tower, a detailed site plan and additional photo simulations of the Black Mountain Communications Site with the proposed tower as viewed from surrounding trail connections. All of these recommendations were addressed by NPS/GGNRA and copies of these revised documents and photo simulations where provided to the District for follow-up review by staff. City of Palo Alto - Concurrent with the District's review of the NPS/GGNRA proposal, NPS/GGNRA submitted plans to the City of Palo Alto (City) for constructing the proposed communications tower. NPS/GGNRA submitted documents for Architectural Review, a Conditional Use Permit and a Variance. The City indicated that an Owner's Letter of Concurrence was required from the District, as landowner, indicating agreement of the proposed tower's construction, before all the noted documents could be approved. As the Board has not yet approved the proposed tower, it was suggested by staff that the Real Property Committee review the project and direct Real Property staff to write a letter to the City indicating that the Committee intended to recommend to the full Board approval of the construction of the proposed NPS/GGRNA tower. R-09-86 Page 3 In April of this year, the Real Property Committee met at the C&C site to view the tower location (then proposed for the northeast side), its potential visual impacts, and to review the project specifics. As a result of the meeting, the Committee voted unanimously to: 1) Recommend to the full Board that it authorize construction of the proposed NPS/GGNRA tower and to expand C&C's lease area to accommodate the proposed tower; and 2) Direct Real Property staff to write a letter to the City indicating that the Committee would recommend to the Board approval of the plan to construct the proposed NPS/GGRNA tower. Director Hassett also requested that staff make further efforts to obtain federal stimulus funding, a subject covered later in the discussion of the District's radio system. Real Property staff sent the letter to the City, and earlier this month NPS/GGNRA received conditional approval for the project. Should the Board approve the construction of the proposed NPS/GGNRA tower, the District will send the City an Owner's Letter of Concurrence approving NPS/GGNRA's tower project. Lease & Tower Agreements - To maintain the project schedule, all agreements and permits need to be finalized by the end of July. Consequently, discussions were started between staff, NPS/GGNRA and C&C regarding the agreements needed to facilitate the construction of the proposed tower. It was agreed between C&C and staff to create a new twenty-five (25) year C&C Communications Site Lease Agreement to coincide with the twenty (20) year sublease sought by NPS/GGNRA (see attached). Details of this arrangement are discussed later in this report. Additionally, a sublease needed to be negotiated between C&C and NPS/GGNRA (see attached). C&C, NPS/GGNRA and the District collaborated on this agreement to ensure that the sublease met the needs of all and would be consistent with the new C&C master lease. The District proposed an Estoppel Certificate (see attached) to warrant C&C's status as a lessee in good standing with the necessary authority to sublease. It also is an assurance to NPS/GGNRA that the District would continue management of the C&C site, in the unlikely event that C&C vacates the facility prior to the agreed lease termination date, until such time as a new master lessee is authorized by the Board. All three documents have been reviewed by the appropriate parties and are ready for signature. Signal Interference - When the original northeastern location of the tower was proposed, the C&C site operator, Pete Gruchawka, raised concerns regarding the potential for interference issues between the existing C&C one hundred and twenty foot (120') tower and the proposed NPS/GGNRA tower. NPS/GGNRA offered to accommodate any antennas with interference issues on the new tower. As the project progressed, the number of antennas that needed to move from the existing tower to the new one rose to eight or more. This fact, combined with concerns over the expediency of GGNRA/NPS approval process for permitting the transfer of blocked antennas to the new tower, as well as for the need for specialized mounts, raised the risk factor sufficiently for Mr. Gruchawka to request a change in location of the proposed tower to the northwest corner of the C&C site. On June 23 d, the Real Property Committee reconvened to discuss moving the location of the proposed tower to the northwest corner of the C&C site. The northwest location only requires a six foot (6) by sixteen foot (16') "bump out" of the fence line compared to the original twenty- R-09-86 Page 4 eight foot (28') by nineteen foot (19') requirement for construction on the northeast side (see Exhibit D-2). This new location necessitates a change to the location of the driveway and entrance to the facility. In general, this revised location causes less disturbance of the area surrounding the Stanford University and C&C sites compared to the original proposal. Expanded C&C Lease Area- The Committee also considered a proposal by C&C to "bump out" the front fence of the lease area sixteen feet (16') by fifty-two feet (52') (see Exhibit D-3). This allows for placement of a potential future modular building, approximately eleven feet (I V) by twenty-two feet (22'), the same size as the existing buildings on-site. When both NPS/GGNRA and the District install their respective communication equipment in the vacant rack space in the existing modular buildings already on-site, C&Cs site will be at capacity. If NPS/GGNRA, the District, or any of C&C's other sublessees need to upgrade their equipment, C&C would not be able to accommodate them. Consequently, it benefits the District to allow C&C the flexibility to construct another modular building on-site. This new building will be subject to CEQA as well as all other District approvals. When and if C&C proposes to construct the new building, staff will review, approve and report any such action to the Board at a public meeting. Defensible Space - The defensible space plan for fire prevention at the Black Mountain Communications Site was also presented to the Committee. This plan requires a one hundred foot (100') clearance around all five communication sites as required by the California Resource Code 4291. The Board will receive an "FYI" at an upcoming Board meeting further detailing the defensible space plan developed for the Black Mountain Communication Site. Viewshed - All of these changes to the Black Mountain Communications Site alter the visual landscape of the area and impact the visitor's experience when hiking/biking in the Black Mountain area. After reviewing all information presented, the Committee agreed to the requested changes, but Director Hassett requested that staff look into ways in which the C&C site could be screened so as to minimize the visual impact to visitors. C&C has agreed to paint the potential future modular building a color similar to that used on the City water tower visible from Page Mill Road, and further agreed to use dark green fencing when "bumping out"the lease area fence line as proposed. In addition, C&C agreed to repaint the other buildings the same color and replace site fencing with dark green fencing as maintenance is required. Real Property staff will work with Public Affairs and Operations staff to ensure that visitors are aware of the District's defensible space program and the long term benefits for fire suppression in the area. C&C has also agreed to annually maintain the one hundred foot (100) defensible space clearance around their lease area. District Radio System System Performance Enhancements - Construction of the proposed NPS/GGNRA tower provides an excellent opportunity to locate new communication equipment for the improved District radio system. Black Mountain is an excellent location for communication with Santa Clara County, Skeggs Point, Pise Peak, Rolph and Purisima communication sites. As mentioned earlier, the type of tower proposed by GGNRA/NPS can support the large microwave antennas necessary for improving the District radio system. Macro Corporation, the District's radio consultant, is proposing the following equipment for the NPS/GGNRA tower: (i) one six foot (6) high-performance microwave antenna; (ii) two (2) two foot (2') high-performance microwave antennas; and (iii) two (2) twenty-two foot (22') whip antennas. NPS/GGNRA, after reviewing the District's specifications, indicated that the proposed R-09-86 Page 5 tower, as then designed, would need to be modified to handle the additional weight of the District's equipment. The additional cost to strengthen the tower to accommodate the District was estimated to be $54,836, However, this number is likely to change when NPS/GGNRA puts the construction contract out to bid in early fall. Federal Stimulus Funding - At the April meeting of the Real Property Committee,NPS/(iGNRA indicated that it would be receiving federal stimulus money for this project. Director IJassctt requested that NPS/GGNRA see if there were any additional funds that could be used to assist the District with funding for strengthening of the proposed tower; since the District's own radio system exists to ensure public safety, it should also be eligible for federal stimulus funds. Shirwin Smith, NPS/GGNRA project manager, indicated that she would make such a request to the NPS Regional Manager. The NPS/GGNRA tower project started four(4) years ago and was expected to be completed within three (3) years. It was specifically listed in the federal Fiscal Year 2010 budget as a line item construction program, and therefore offered an easy choice for receipt of federal stimulus funds. Unfortunately, the NPS/GGNRA tower project was budgeted in an exact amount and consequently no additional funds are available under the existing Congressional authorization to assist the District in strengthening the NPS/GGNRA tower to suit District communication purposes. NPS suggested that the District resubmit the District radio system with our local representatives. The District's submission was sent along with other Special District projects through Santa Clara Valley Water. This submittal for stimulus funding to upgrade the District's radio system was denied. Only those Special District projects with pre- existing Congressional authorization were approved for stimulus funding. Path I-,ngineerin - The District completed the path engineering for the District radio equipment based on the initially proposed NPS/GGNRA tower location at the northeast corner of the C&C site. The path engineering is being rechecked for the revised tower location. This process determines the weight, placement and direction of the District antennas on the proposed tower. It also ensures that the placement of the antennas does not interfere with other communication equipment at the site and around it. District Right-to-Use License - To ensure that the District will have the right to have its equipment on the proposed NPS/GGNRA tower, staff proposed to NPS/GGNRA that, when the proposed tower project costs are confirmed, NPS/GGNRA and the District enter into an agreement for a right-to-use license for the lifetime of the proposed tower in exchange for the additional funds that the District will contribute for the proposed tower strengthening. At that time, both the revised costs for strengthening the proposed tower and the agreement for District use will be brought before the Board for further consideration. USE AND MANAGEMENT The District adopted a communications policy for the existing facilities at Black Mountain on December 8, 1982. This policy states that "new facilities, changes in existing ones and lease renewals will be considered on a case by case basis." Since the proposed tower is a part of an existing Communications facility which will benefit a public service entity (NPS/GGNRA), as well as improve the District's radio system, the proposed lease agreement with C&C is in compliance with the objectives of this policy. R-09-86 Page 6 TERMS & CONDITIONS C&C Communications Site Lease Agreement Staff proposed that a new twenty-five (25) year C&C Communications Site Lease be executed to facilitate the twenty (20) year sublease sought by NPS/GGNRA. The new lease agreement will accomplish, among other things, the following: 1. Allow NPS/GGNRA to construct the proposed eighty foot (80') communication tower within the C&C lease area which includes a proposed six foot (6') by sixteen foot (16') "bump out" of the northwest fence of the C&C lease area to allow for maintenance of the proposed NPS/GGNRA tower. 2. Set C&C rent at the greater of(i) 25% of gross monthly rents received from subtenants; or (ii) a fixed minimum rent that will be reset annually to an amount equal to 75% of the average monthly gross rents actually paid to the District over the preceding year. The percentage of gross monthly rents for the proposed NPS/GCTNRA tower are excluded from C&C's monthly rental fees to allow for the District radio system communications equipment to be located in two (2) of the eight foot (8') racks in the north building in addition to the District radio system communication equipment already on-site. -two foot (52') "bump out" of the C&C lease _3 Allow the proposed sixteen foot (16') by fifty area front fence to allow for a potential future modular building of the same size as the existing buildings already on-site. 4. Require C&C to paint the potential future modular building the same color as the City water tower and fence the new fence line "bump outs" with dark green fencing. 5. Require C&C to participate in annual maintenance of the one hundred foot (100') defensible space as specified by California Public Resources Code Section 4291. Approval of the new C&C Communications Site Lease Agreement allows the District, NPS/GGNRA and C&C to proceed on schedule with the construction of the proposed communication tower at the C&C site at Black Mountain. FISCAL IMPACT The District's annual revenues from the C&C site range from $55,000 to $60,000 per year. Installation of the proposed NPS/GGNRA tower will not increase revenues above this current level. In lieu of receiving a monthly percentage of gross rents for the proposed NPS/GGNRA tower, the District will not be charged for the rack space required for the improved District radio system. This will not have an adverse impact on the FY2009-1 0 revenue as budgeted. In the years to come, the potential future modular building that C&C may propose will allow for expansion of the current facility and a potential increase in revenues. As discussed above, strengthening the NPS/GGNRA tower to hold the District's communication equipment is an additional out-of-pocket cost that would be paid to NPS/GGNRA, and was originally estimated at $54,836. After the project is put out to bid, the actual cost for District improvements will be better defined. When the amount is finalized later this fall, the District will negotiate an agreement with NPS/GGNRA for a right-to-use agreement for the lifetime of the proposed tower and will bring the complete proposal to the Board at that time. Tile cost for strengthening the proposed tower is currently not budgeted under the $1.9 million dollars allocated for upgrade of the District radio system. Consequently, the Board will asked to consider an amendment to the $1.9 million District Radio System project budget for the specified R-09-86 Page 7 amount concurrent with consideration of the right-to-use agreement. In the meantime, Operations will resubmit the improved District radio system for federal stimulus funding. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE The District concludes that the recommended action will not have a significant effect on the environment under CEQA Guidelines Section 15301(e) which exempts minor alterations of existing facilities when less than 2500 square feet in expansion of the existing public structures is proposed. NEXT STEPS I. C&C and NPS/GGNRA enter into a sublease agreement. 2. District submits improved District radio system for federal stimulus funding. 3. NPS/GGNRA goes out to bid on the proposed tower project late summer/early fall. 4. District receives revised amount for strengthening the proposed tower for District communication equipment. 5. Staff brings to the Board a right-to-use agreement for the lifetime of the proposed tower between the District and NPS/GGNRA. Attachments: 1. Resolution 2. Exhibit D-I 3. Exhibit D-2 4. Exhibit D-3 5. C&C Communications Site and Access License 6. US Government Sublease for Real Property 7. Midpeninsula Regional Open Space District Estoppel Certificate Prepared by: Elaina Cuzick, Real Property Specialist Contact person: Elaina Cuzick, Real Property Specialist Graphics prepared by: Galli Basson, Planning Technician Gretchen Laustsen, Planning Technician RESOLUTION NO. 09-_ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE COMMUNICATIONS SITE LEASE AND ACCESS LICENSE WITI I C&C EQUIPMENT COMPANY, INC. (RANCHO SAN ANTONIO OPEN SPACE PRESERVE, BLACK MOUNTAIN) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The District may, under the provisions of Section 5540 and 5563 of the Public Resources Code, lease property owned by the District for a period of up to twenty-five (25) years, and the Board of Directors finds that the premises to be leased for Communication Facilities are presently unnecessary for park and open space purposes and considers that a lease of such premises for Communication Facilities to be in the public interest, on the terms proposed. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Communications Site Lease (Lease) between Midpeninsula Regional Open Space District and C&C Equipment Company, Inc., a copy of which is attached hereto and by reference made a part hereof, and hereby authorizes the President or other appropriate officers to execute said Lease on behalf of the District. Section "Three. The General Manager of the District or the General Manager's designee shall cause to be given appropriate notice of acceptance to Lessee. The General Manager is authorized to approve options of the Lease on the terms and conditions set forth in the Lease. The General Manager shall report any such option of the Lease to the Board of Directors at the meeting immediately following the granting of the option. The General Manager is authorized to review and approve an additional modular communication building on the premises and report any such action to the Board of Directors at a meeting immediately following such approval. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. C & C Communications Site Improvements - Rancho San Antonio Open Space Preserve Proposed Tower 4� I F }. Or" M. EI c y s - r 0 T. U { m - a' x �z 0 o Y� F Exhibit D-1 : C & C Communications Site Improvements 0 12.5 25 50 Produced by Midpeninsula Regional Open Space District,June 2009 Feet C & C Communications Site Improvements - Rancho San Antonio Open Space Preserve } 1•� Proposed �� .. . Tower I r ps R e � a a Jf N , 0 m n 0 n d Exhibit D-2: C & C Communications Site Improvements e 0 1Z5 25 50 • Produced by Midpeninsula Regional Open Space District,June 2009 Feet I C & C Communications Site Improvements - Rancho San Antonio Open Space Preserve r s�: Proposed Tower % pol ft A d" C E � c orn •H�` lie " t O 52 ft IF o U C E WC ° x Q � 0 Exhibit D-3: C & C Communications Site Improvements 0 + 12.5 25 50 Produced by Mid peninsula Regional Open Space District,lun e2009 e Fee t COMMUNICATIONS SITE LEASE AND ACCESS LICENSE THIS LEASE is made and entered into this day of 20 by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,a California special district, hereinafter called"District"and C&C EQUIPMENT COMPANY, INC,hereinafter called "Lessee." RECITALS WHEREAS,District and Lessee have established a communications facilities site on Black Mountain in the City of Palo Alto and on the Rancho San Antonio Open Space Preserve;and WHEREAS, District and Lessee desire to enter into a new Lease for the continued operation of said communications site by Lessee; NOW THEREFORE, District and Lessee agree: 1) Premises. District hereby leases that certain parcel of land shown on Exhibit A attached hereto and incorporated herein("Premises")to Lessee, and Lessee hereby leases the Premises from District. 2) Term. a) Initial Term. The term of this Lease shall commence on September 1,2009, and shall expire ten (10)years thereafter,unless sooner terminated in accordance with the provisions hereof,or unless extended pursuant to an option to extend the Lease term expressly granted herein. b) Options to Extend Term. District hereby grants to Lessee options("Option")to extend the term of this Lease for each of one(1)additional period of ten(10)years and one(1) additional period of five(5)years,each upon expiration of the proceeding term so that the maximum term of this Lease, including the initial ten years of this Lease, shall be for a total of twenty-five(25)years. Each of said options to extend the term hereof shall be exercised by Lessee, if at all,by Lessee's delivery of notice of exercise of such option to District at least three(3)months, but not more than nine(9)months,prior to expiration of the Lease term(as extended, if at all,from time to time). Each of said extension periods shall be on all the provisions contained in this Lease, except for the rent, which shall be adjusted as provided for below.Notwithstanding the foregoing, if Lessee is in default hereunder on the date of delivery of any option notice required to be given in order to exercise an option,said Option notice shall be totally ineffective, or if Lessee is in default on the date the extended tenn referred to in any such Option notice is to commence, such extended term shall not commence and this Lease shall expire at the end of the term during which such Option notice is given. Lessee shall not be entitled to exercise any of the Options to extend following the first Option to extend unless each and all of the preceding Options to extend have been properly exercised in accordance herewith. In the event the term of this Lease shall for any reason expire or terminate, all Options to extend which have not been exercised shall be deemed to terminate upon such expiration or sooner termination, and shall thereafter be of no further force or effect. The Option to extend granted by District to Lessee are personal to Lessee and shall not be exercised by or assigned, voluntarily or involuntarily,to anyone other than Lessee. Any assignment of one or more of said Option to extend without District's prior written consent shall be void. After Lessee's exercise of any one or more of said Option to extend, all references 8/5/2009;11:32:47 AM Page 1 i I in this Lease to the term shall be considered to mean the term as extended,and all references to expiration or termination of the term of this Lease shall be considered to mean the expiration or termination of the term as extended. c) Lessee acknowledges that California Public Resources Code Section 5563 provides in part that: "When land or property is temporarily unnecessary for park or open space purposes, it may be leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should the board by ordinance determine to use the lands for park, open space, or other District purposes,the lease shall thereby be terminated."Accordingly, notwithstanding anything to the contrary herein contained, District shall be entitled to terminate this Lease at any time during the term hereof pursuant to said Section 5563, provided only that District delivers to Lessee written notice of such termination at least twenty-four(24)months prior to the date on which such termination shall become effective. I d) Lessee may terminate Lease upon at least twelve(12)months written notice to District. 3) Rent. Lessee will pay each month the greater of either Paragraph 3.a or Paragraph 3.b: a) Fixed Minimum Rent. Lessee shall pay to District in advance on the first day of each month the Fixed Minimum Rent of$3,467.17 per month for September 1, 2009 through August 31,2010. Annually thereafter the Fixed Minimum Rent shall be adjusted to equal 75%of the average monthly Percentage of Gross Fees Rent actually paid by Lessee to District over the preceding one year period [(Annual Percentage of Gross Fees Received for Proceeding Year/12 months)x 75%=Fixed Minimum Rent]. b) Percentage of Gross Fees Payment.No later than the thirtieth(301h)day following each calendar month upon which the calculation is made, Lessee shall pay District a Percentage of Gross Fees Rent of twenty-five percent(25%)of the gross fees received for such calendar month, directly or indirectly,by Lessee. c) Gross Fees. "Gross Fees"means the entire amount of all fees and charges for rights, including without limitation communications privileges and licenses of whatsoever nature,granted by Lessee with respect to all or any portion of the Improvements,or with respect to the substantial use of all or any portion of the Improvements and/or any communications equipment therein by Lessee or any other person,firm,or corporation. "Gross Fees"includes,without limitation,all deposits received and not refunded to customers in connection with any transaction with respect to the Improvements, and all orders secured or received with respect to the Premises by telephone,mail, house to house or other canvassing by personnel which Lessee, in the normal and customary course of its operations would credit or attribute to its business derived from or made possible by the Improvements and/or any communications equipment therein.No deduction shall be allowed for uncollected or uncolleetible credit amounts.Lessee shall be entitled to deduct from the amount of Gross Fees,the amount of any city, county, state, or federal sales, use,gross receipts, luxury,or excise tax on such fees or charges which is both added to the fee(or absorbed therein)and paid to the taxing authorities by Lessee(but not by any customer of Lessee). Any transaction on an installment basis or otherwise involving the lending of credit shall be treated as a charge for the full and normal amount thereof in the month in which such transaction was entered into, irrespective of the time of payment.Notwithstanding the foregoing,the following items and services are specifically excluded from the definition of"Gross Fees": j i 8/5/2009;11:32:47 AM Page 2 i) Equipment servicing ii) Technical services iii) Antennae combining iv) Licensing applications v) Sales and service of communication equipment and other services which do not relate to Lessee's or any sub-lessee's use or occupation of the Premises vi) Fees received from the Federal government tenants located on Tower B d) All rent payable by Lessee under this Lease shall be payable without notice or demand, and without any deduction,offset or abatement, in lawful money of the United States of America to District at the address stated herein or to such other persons or at such other places as District may from time to time designate in writing. e) Lessee shall keep at its principal office true and complete records and accounts of all Gross Fees as defined herein, including bank deposits, made with respect to business conducted at or otherwise derived from the Premises. Such books and records shall include such records of gross sales as would normally be examined by an accountant pursuant to generally accepted auditing standards in performing an audit on Lessee's gross fees. On or before the thirtieth(30th)day of each month, Lessee shall furnish to District a true and accurate statement for each preceding month, of all Gross Fees during said preceding month, which statement shall be certified by a responsible representative of Lessee to be correct.Lessee agrees to give District access during normal business hours to such books and records. Lessee shall keep and preserve for at least two(2)years after the end of each calendar lease year all bank books,or duplicate deposit slips, and other evidence of such fees for such year, and shall keep and preserve for at least two(2) years after expiration of the term thereof all license agreements and other agreements granting to a customer of Lessee any rights whatsoever respecting the Improvements or any equipment therein.. District shall have the right at any time and from time to time to audit all of the books of account, bank statements,documents, records, returns,papers, and files of Lessee relating to Gross Fees,and Lessee on request by District shall make all such matters available for such examination at Lessee's principal place of business, provided that, if Lessee's principal place of business is situated in a location which is more than forty(40)miles from District's principal place of business, which is currently located in Los Altos, California,then Lessee shall make such information and materials available to District at District's principal place of business. If District shall have such an audit made for any years and the Gross Fees shown by Lessee's statement for such year shall be found to be understated by more than two percent(2%),then Lessee shall pay to District the cost of such audit. District's right to have such an audit made with respect to any year shall expire twelve(12)months after Lessee's statement for such year shall have E been delivered to District. District shall have the right to terminate this Lease upon notice to Lessee if there should be more than two(2)audits during the term of this Lease which reveal understatements of Gross Fees by Lessee by more than two percent(2%). The term "lease year"means the period during the Lease term commencing on January I in each year and ending at midnight on the 31 st of December next occurring, except that the first lease year shall commence at the start of the lease tern and shall end at midnight on the 31 st of December next occurring,and except that the last lease year shall end at the end of the Lease term. 4) Taxes. Lessee shall pay any and all possessory taxes levied against the Premises and/or the improvements during the Lease term. Lessee shall pay such taxes at least ten(10)days prior 8/5/2009.11:32:47 AM P 3 Page. i to delinquency thereof,and shall promptly thereafter deliver to District written receipts or other reasonable evidence of the payment thereof. 5) Use. a) The Premises may be used for purposes of installing,operating and maintaining equipment for transmission and reception of electromagnetic and other communications signals, and for all lawful uses incidental thereto, and for no other purpose without District's prior written consent. Lessee shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any statute,ordinance, rule,regulation,or other statement of lawful governmental authority now in force or which may hereafter be promulgated(collectively "Regulations"),and shall at its own expense abide by and comply with any and all such Regulations regulating the use of the Premises. Such Regulations shall be deemed to include the then current"Regulations for Use of Midpeninsula Regional Open Space District Land"and"Item No. 3 of the Midpeninsula Regional Open Space District Basic Policy'incorporated herein by this reference. b) Notwithstanding the foregoing, District reserves the right to enter on the Premises and to use the same in any manner District shall desire, including without limitation for purposes of constructing, installing,operating, maintaining,repairing, replacing, altering, and moving pipelines,conduits, culverts,ducts,fences,power and communication poles and lines,and District reserves the right to grant easements over,across,under, or upon the Premises,or for ingress and egress thereto,or for any other purpose,provided only that any such use by District and District's granting of any such easements shall not result in any unreasonable interference with Lessee's use of the Premises. 6) Access to Premises. a) District hereby grants to Lessee a non-exclusive revocable License permitting Lessee, Lessee's authorized agents, employees,contractors, and sub-lessees to use a segment of that certain road providing access to the Premises,which segment is situated on land owned by District and is more particularly outlined in Exhibit C attached hereto and incorporated herein by this reference(the"License Area"). The License granted pursuant to this paragraph may be revoked by District at any time by delivery of a six-month written notice to Lessee of such revocation and shall terminate automatically without notice and without need for further documentation upon the expiration or sooner termination of the Lease term. b) The License Area shall be used by Lessee, if at all,only for purposes of obtaining ingress to and egress from the Premises. Lessee shall exercise its access rights pursuant to the License granted herein only in such manner as will minimize erosion or other damage to the License Area,and shall refrain from using the same to the extent reasonably practicable when weather conditions shall render the License Area subject to greater than normal erosion or other damage. Lessee shall not permit trucks and/or other machinery or equipment weighing in excess of ten(10)tons to use the License Area,except during the time of construction of Lessee's Improvements on the Premises,or with District's prior written consent c) Lessee shall,at Lessee's sale cost and expense,repair all damage to the License Area,as well as all damage to improvements within or adjacent to the License Area designed to protect the surface of the License Area such as water drains,berms, or culverts,caused by use of the License Area by Lessee or its agents, employees,or contractors. Lessee shall 8/5/2009;11:32:47 AM Page 4 f be liable for any damage to the License Area and its immediate surroundings arising from its use thereof,or its repair or failure to repair the same as hereinabove required d) Lessee hereby expressly acknowledges that District does not warrant or otherwise guarantee to Lessee continuous access to the Premises by way of the License Area or otherwise.Notwithstanding the foregoing sentence, District shall use its best efforts to provide access to the Premises across other land owned by District, and District further represents that District has an alternate route to the Premises from Page Mill Road, in the i event the License Area shall be rendered impassable due to causes beyond the reasonable control of Lessee,or if District shall for any reason terminate the License herein granted, provided only that Lessee agrees to pay its pro-rata share of any and all additional expenditures incurred by District as a result thereof.Any permits, licenses or easements as may be required from time to time in order to cross over lands not owned by District in order to gain access to the Premises shall be obtained by Lessee at its sole cost and expense. 7) Maintenance and Repair. Lessee acknowledges that it has inspected the Premises,and Lessee accepts the Premises"as is"in the condition existing at commencement hereof. Lessee shall, at Lessee's expense, maintain the Premises in good, safe and sanitary condition,order and repair, and shall keep the Premises free from trash and other debris. Lessee shall promptly remove from the Premises any vehicles, machinery,equipment or other items which Lessee from time to time no longer uses in the conduct of its business on the Premises. As modular buildings are repainted,Lessee agrees to repaint the buildings the color as specified by District staff. As fencing is moved and/or replaced,dark green fencing shall be required. 8) Fire Clearance. Defensible space of at least 100 feet in width around the perimeter of the Premises is required by law(Public Resource Code 4291). Defensible space shall be maintained free of all low-lying brush,dry weeds,and similar flammable materials at Lessee's expense. Annual site inspections of the Premises will be conducted by District staff to ensure that the defensible space is properly maintained. As needed,the District will arrange for the removal of brush,weeds,and flammable materials. The cost shall be pro- rated, based on the size,topography and flammable material in each area requiring maintenance,and overlap with other communication site Premises. Upon completion of work, Lessee will be billed for the work performed which shall be paid to District within 30- days of billing. 9) Alterations. a) Lessee shall not make or permit to be made any alterations,additions or improvements ("alterations")to or of the Premises or any part thereof without the prior written consent of District,which consent shall not be unreasonably withheld and provided that Lessee shall have the right to make any alterations, additions or improvements to the interior of the Improvements and/or the antenna systems without securing District's prior approval. b) District shall be entitled to review and accept or reject the design of all alterations which Lessee may desire to make to the Premises. Prior to commencing construction or installation of any alteration the design of which District determines is acceptable, Lessee shall deliver to District detailed plans and specifications for such construction or installation and obtain District's consent thereto,which consent shall not unreasonably be withheld. 8/5/2009;11:32:47 AM Page 5 c) All construction or installation work performed by Lessee or caused to be performed by Lessee in,on or about the Premises shall comply in all respects to all applicable statutes, ordinances,building codes, rules and regulations, including but not limited to file, safety, and construction standards of lawful governmental authority,and shall furthermore comply with District's open space use and management guidelines then in effect. d) Any consent given by District pursuant to this Paragraph shall not constitute implied consent to any subsequent alteration upon or to the Premises, but shall apply only to those items or matters for which consent was expressly requested. e) Lessee shall notify District at least ten(10)days in advance of any construction on the Premises,and District shall be entitled to post on the Premises notices of non responsibility in favor of District prior to commencement of any such construction. 10) Liens. Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. 11) Utilities. Lessee shall pay directly to the charging authority promptly as the same become due all bills for any and all services and utilities supplied to the Premises, including but not limited to telephone, water,gas,electricity and garbage removal. 12) Waiver of Claims and Indemnification.Lessee waives all claims against District for loss of business or for damage to property, including the improvements and any alterations thereto and any equipment or machinery therein,or injury or death to persons occurring in,on,or about the Premises,or the License Area, from any cause arising at any time,except as may be caused by the negligence or willful misconduct of District. Lessee,on behalf of itself and its Permittees,hereby indemnifies District and holds District exempt and harmless from and against any damage to property or injury or death to persons arising from the use by Lessee or its Pernittees of the Premises,or the License Area, or from the failure of Lessee to keep the Premises,the License Area or the required defensible space in good and safe condition as herein provided,District shall not be liable to Lessee or its Permittees for any damage, injury,or death arising out of the act or negligence of any owner,occupant, or user of any property adjacent to or in the vicinity of the Premises and not owned by District. Lessee shall pay all damage to the Premises and surrounding areas caused by its Permittees, invitees, licensees, agents, contractors,and employees. 13) Insurance. a) Lessee, at Lessee's sole expense, shall obtain and keep in force during the term of this Lease a commercial general liability insurance policy with an insurance company satisfactory to District,protecting District and Lessee against any and all liability arising from Lessee's use of the Premises,or the License Area, or from any occurrence in, on, about, or related to the Premises, or the License Area with a single combined property damage and personal injury limit of One Million Dollars($1,000,000).All such public liability insurance shall insure performance by Lessee of the indemnity provisions hereof, and the policy shall contain a cross-liability endorsement. Lessee agrees to furnish a certificate of such insurance to District naming District as an additional insured on or prior to the commencement hereof,and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty (30)days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Lessee hereunder. 8/5/2009;11:32:47 AM Page 6 b) District shall have no obligation to insure against loss to Lessee's leasehold improvements,fixtures,machinery, equipment, or other personal property in or about the Premises occurring from any cause whatsoever,and Lessee shall have no interest in the proceeds of any insurance carried by District. 14) Assignment and Subletting. Lessee shall not assign this Lease or any interest therein,without the prior written consent of District,which consent shall not be unreasonably withheld. Consent by District to one assignment shall not be deemed to be consent to any subsequent assignment. An assignment without the prior written consent of District,or any assignment or subletting by operation of law, shall be void and shall,at the option of District,terminate this Lease. Lessee is engaged in the business of granting use of portions of the Improvements to other persons, firms,corporations,or entities. In order that Lessee's business purposes may be efficiently and expeditiously achieved,Lessee shall have the right to rent or sublet any portion of the Improvements at any time in accordance with Lessee's previously established business practice. Any rental or sublease may be reviewed at any time by the District in accord herewith.District may, for good cause shown, request that a rental or sublease be terminated; in such case, Lessee agrees to take necessary action to terminate such rental or sublease agreement. District agrees that no such request for termination will be unreasonably made. Lessee shall not,during the term of this Lease, encumber its interest in the Premises by mortgage or deed of trust or other security instrument,or otherwise use the Premises as security for any indebtedness of Lessee 15) Default. a) The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee: (i) The abandonment of the Premises by Lessee; or (ii) A failure by Lessee to observe and perform any provision of this Lease to be observed or performed by Lessee. b) In the event of any such default by Lessee,and in addition to any other remedies available to District at law or in equity,this Lease and all rights of the Lessee hereunder shall be terminated upon delivery by District of notice of such termination to Lessee Upon such termination, District may recover from Lessee all amounts to which District may be entitled pursuant to Section 1951.2 of the California Civil Code,or any successor statute hereinafter enacted, including but not limited to(i)the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided,discounting such amount at the discount rate of the Federal Reserve Bank f an F h w 0 o S Francisco at the time of award plus one percent 1/o and further including P P ( )� g (ii)any other amount necessary to compensate District for all the detriment proximately caused b Lessee's failure to perform Lessee's obligations under this Le Y P g s d s Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to all expenses incurred by District in connection with demolishing all structures on the Premises and removing the debris therefrom, and removing any other property left by Lessee on the Premises. c) In addition to the remedies provided above, in the event Lessee shall fail to perform any obligation to be performed by Lessee under this Lease,or shall fail to pay any sum required to be paid by Lessee under this Lease,District may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid,and Lessee 8/5/2009;11:32:47 AM Page 7 shall promptly upon demand by District therefore, reimburse to District all costs reasonably incurred by District in connection therewith,together with interest on such sums at the lower of fifteen percent(15%)per annum or the highest rate then permitted by law from the date incurred by District until repaid in full by Lessee. 16) Entry by District.In addition to such rights to use the Premises as are reserved by District in Paragraph 6(b), District shall,at any and all reasonable times have the right to enter onto the Premises to inspect the same,to exhibit the Premises to prospective purchasers or Lessees,to post notices of non-responsibility,and to alter, improve or repair the Premises, all without abatement of rent payable by Lessee hereunder.Lessee hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. 17) Waiver. The waiver by District of any breach of any term,covenant,or condition herein contained shall not be deemed to be a waiver of such tern,covenant,or condition or any subsequent breach of the same or any other term,covenant, or condition hereof. The subsequent acceptance of rent hereunder by District shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease,other than the failure of Lessee to pay the particular rent so accepted. 18) Surrender of Premises. a) At the expiration of this Lease, Lessee shall upon District's prior written consent remove all Improvements, including fixtures,equipment, furnishings and furniture,regardless of whether such items are affixed to the Premises, except for District owned equipment or improvements,and provided that any damage to the Premises occasioned thereby is promptly repaired by Lessee at Lessee's sole cost and expense(unless District expressly waives the need for such repairs). b) Should Lessee terminate the Lease prior to the twentieth year hereof, Lessee shall leave any Improvements identified by District, including fixtures, equipment, furnishings and furniture,regardless of whether such items are affixed to the Premises, for the use and ownership of District. Parties shall negotiate in good faith to determine the Fair Market Value(FMV)of such Improvements by obtaining a joint appraisal of such Improvements from a qualified appraiser. District may purchase said Improvements for such FMV. Should District elect not to purchase any such Improvements, Section 18(a)above shall apply. c) Lessee hereby specifically waives any rights hts to, and releases District from any and all claims for relocation benefits and/or relocation payments to which Lessee might otherwise be entitled pursuant to California Government Code Section 7260 et seq.,and any similar or successor statutes, Lessee shall hold District harmless from and indemnify District against any and all liability,cost, and expense suffered or incurred by District and arising in connection with any such right or claim. 19) Holding Over.Any holding over after the expiration of the term,with the consent of District, shall be construed to be a tenancy from month to month on the same terms and conditions specified herein so far as applicable. 20) Indemnification for Frequency Interference Claims.Lessee agrees to indemnify District,hold District harmless and defend District from and against any and all claims, demands, or actions arising from claims of other Lessees of the District of frequency interference caused 8/5/2009;11:32:47 AM Page 8 by Lessee. The parties acknowledge that the Federal Communications Commission(FCC) has exclusive jurisdiction over disputes regarding frequency interference. 21) Improvements. a) Existing Improvements and proposed improvements are shown in Exhibit D. Existing Improvements include the following: (i)Two(2)modular buildings, I I'x22'; (ii) 120' tower and foundation; (iii)a 45 kilowatt generator; (iv)One(1)modular building, 6'x10' I.D.;and(v)a perimeter fence. Lessee may construct such other improvements within the Lease Premises as District shall authorize in writing. jb) Construction of Improvements.At any time and from time to time during the term, Lessee may,but is not obligated to,construct or otherwise make new Improvements on any part of all of the Premises and to add to any existing Improvements in whole or in part,and to modify or change the contour or grade,or both,of the land,provided Lessee is not then in default under any condition or provision of this Lease. Before any major work of construction,alteration,or repair is commenced on the Premises, Lessee shall apply for and obtain all necessary permits for the construction of Lessee's proposed Improvements,from the County of Santa Clara and/or City of Palo Alto,after first obtaining written approval from District,which approval shall not be unreasonably withheld. Lessee shall give District written notice immediately prior to the actual commencement of construction. District shall have the right to post and maintain such notices as may be necessary or advisable to protect District's interest from mechanics'or materialmen's liens or other liens of similar nature. Lessee covenants that it will cause to be included in all contracts for construction of any kind or nature relating to the Premises a provision stating that District is not responsible or liable in any respect for the obligations incurred under such contracts. The entire cost and expense of the construction of any Improvements on the Premises,including plans and permits and all on-site Improvements shall be borne by and paid solely by Lessee. Upon commencement of construction,Lessee shall proceed with due diligence to the completion of the Improvements and shall use best efforts to complete the same without unreasonable delay. Lessee shall file a Notice of Completion upon the completion of the Improvements. c) Title to the Improvements. Title to all Improvements now existing and/or constructed by or for Lessee shall be vested in and remain in Lessee. Lessee's trade fixtures, equipment and Improvements shall remain the property of the Lessee and Lessee may remove the same at the end of the term,or sooner termination of the term of this Lease. Upon written request from Lessee,District shall execute and deliver any instrument that may be I required by any equipment supplier, vendor, lessor and/or lender whereby District waives and/or releases any rights it may have or acquire with respect to any equipment or trade fixtures Lessee or any sub-lessee may affix to the Premises and agreeing that the same do not constitute realty. 22) Use of Lessee's Improvements by District. District shall have the right to place its own radio equipment within Lessee's Improvements at no rental charge.District will enter into a Lessee Site License agreement with Lessee. Should District desire to install any additional equipment on the Premises or Improvements, District may sublease additional space at Lessee's normal and customary fees,charges and rent,provided that additional space is available and that such additional use causes no interference with existing users. District equipment subject to rent free placement are those components identified in Exhibit B, attached hereto and incorporated herein. 8/5/2009;11:32:47 AM Page 9 23) Limitations on Lessee's Right to Solicit Existing Single User Lessees. a) The term"single user Lessee" is limited to, and includes Stanford Educational Television and the Federal Aviation Administration (FAA). These Lessees have facilities on District's lands for their sole use and do not lease, rent to license their facilities to others. b) Lessee is a"multi-user Lessee", in that it intends to sublet and license others to use Lessee's communication facilities, now existing or to be built,on District's land. District has other"multi-user Lessees"on District land and Lessee may solicit and sublease to any sub-Lessee of any other multi-user Lessee on District land. c) Lessee shall not solicit or seek to relocate to Lessee's facility any of the present,existing uses of any of the single user Lessees listed above. Lessee shall have the right to relocate any of the single user Lessee's antennae to Lessee's tower to solve any interference problems. 24)Notices.All notices, statements, demands, requests, approvals,or consents(collectively "notices")given hereunder by either party to the other shall be made in writing and shall be served personally or by first class mail, certified or return receipt requested,postage prepaid, and addressed to the parties as follows: District: Real Property Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650)691-1200(telephone) (650)691-0485 (fax) Lessee: President C&C Equipment Company,Inc. P.O. Box 1138 Eastsound, WA 98245 (360)376-2150(telephone) (360)376-2151 (fax) or to such other address as either party may have furnished to the other as a place for the service of notice. Any notice so served by mail shall be deemed to have been delivered three(3,)days after the date posted. 25 General. a) This Lease contains all of the terms, covenants, and conditions agreed to by District and Lessee, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by all of the parties to this Lease or their respective successors in interest. b) The covenants and conditions hereof,subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, successors, executors, administrators,sub-lessees, and assigns of the parties. c) When the context of this Lease requires,the masculine gender includes the feminine,a corporation,or a partnership,and the singular number includes the plural. d) The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 8/5/2009;11:32:47 AM Page 10 e) This Lease shall be governed and construed in accordance with the laws of the State of California with venue in the County of Santa Clara. f) Time is of the essence as to all of the provisions of this Lease as to which time of performance is a factor. i i I i 8/5/2009;11:32:47 AM Page 11 IN WITNESS WHEREOF,the parties hereto execute this Lease. MIDPENINSULA REGIONAL OPEN SPACE LESSEE DISTRICT C&C EQUIPMENT COMPANY, INC By: President,Board of Directors Date: Title: Date: Attest: Anna Jatczak District Clerk Approved as to form: Susan M. Schectman,General Counsel 8/5/2009;11:32:47 AM Page 12 Black Pvdt SF2 Lcasc 6-30-09 PB STANDARD FORM 2 1-1:13RUARY 1965 EDI I ION Cil:NLIZAI S61tVICriS U.S. GOVERNMENT ADIMINISlRAIION) SUBLEASE FOR REAL PROPERTV FIT 01 CFR)1-I0001 SUBLEASE No. DATE OF SUBLEASE: 1.2009 Black Mountain Radio/Communication Site Santa Clara County.CA C&C Site Sublease Number:DBM13xx THIS SUBLEASE, that became effective on the first day of 1, 2009 by and between C & C Equipment Company, ("C & C"),a California Corporation (hereinafter called the"Sublessor"),whose address is P O Box 1138 Eastsound, Washington 98245, and whose interest in the property hereinafter described is that of a leasehold, and by the authority of 40 U S C §585, the UNITED STATES OF AMERICA, acting by and through a duly authorized official of the Department of the Interior, National Park Service ("NPS"), Golden Gate National Recreation Area("GGNRA") (hereinafter called the"Government'): WITNESSETH. The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follows. 1 The Sublessor hereby subleases to the Government sufficient ground space and equipment shelter space as described in Exhibit B of this Sublease at the Radio Communication Site located at Black Mountain, Santa Clara County, California (hereinafter referred to as"Black Mountain Site") upon which the Government may install, operate, and maintain an antenna tower, antennas and related and ancillary emergency radio communications equipment ("NPS Radio Facility") described in Exhibit A and Exhibit B of this Sublease The ground space area for the Government furnished antenna shall be hereinafter referred to as the "Subleased Ground Space" In addition, the Government will have the use of an area within the Sublessor provided equipment shelter(hereinafter referred to as the"Subleased Shelter Space") as shown in Exhibit B that will house the non-antenna components of the NPS Radio Facility The Subleased Ground Space and the Subleased Shelter Space shall be hereinafter referred to, collectively, as the"Premises" 2 TERM The Government will have and hold the Premises for a ten (10) year term beginning on 1, 2009 ("Effective Date")through 31, 2019 ("Term"), subject to the terms and conditions of this Sublease including Exhibits A, B, C, D, and E, which exhibits are attached hereto and made a part hereof, and any termination rights set forth in Article 6 of this Sublease The Government will have an option to extend this Sublease Term for an additional ten (10) year term beginning on 1, 2019 through 30, 2029 subject to Article 6 of this Sublease 3 RENT/EFT The Government will remit monthly rent in arrears by electronic funds transfer("EFT') payable to. "C & C Equipment Company", P O Box 1138 Eastsound, Washington 98245 in conformance with GSAR 552 232-76— Electronic Funds Transfer Payment and GSAR 552 232-75- Prompt Payment and other applicable General Articles attached as Exhibit D to this Sublease All rents are subject to Congress granting annual appropriations 4 RENT/PAYOR/SUBLEASE ADMINISTRATION Rental payments will be remitted by the Department of the Interior, NIPS OPAC Finance Center For help or assistance with billing and rental payments please contact the Government Contracting Officer at (415) 561-4791 For all other matters concerning the administration of this Sublease, please contact the Government Contracting Officer Representative(COR)at(415) 561-2802 5 RENT, ANNUAL ADJUSTMENT AND ONE-TIME FEES a Upon the Commencement Date of this of this Sublease the annual rent due under this Sublease is thirty-one thousand, two hundred dollars and no cents ($31,200 00) The Government will remit monthly rent in the amount of two thousand six hundred dollars and no cents ($2,600 00) on a monthly basis payable in arrears Beginning one year from the Commencement Date of this Lease and continuing on that date each year thereafter, there shall be an annual three percent(3%) rental charge adjustment("Annual Adjustment')as agreed upon by the parties in Exhibit E of this Sublease The Government will also remit the following one-time fees due within 60 days of the Commencement date: b The Government will remit a onetime fee as administrative cost recovery to the Sublessor for documentation and legal review of this Sublease in the amount of one thousand five hundred dollars ($1,500 00) 6 TERMINATION, EXTENSION, MODIFICATION 7/6/2009 page I of 9 Black tvit SF2 Lease 6-30.09 I'13 a The Government will have the option to terminate this Sublease, without cause, at any time by giving at least ninety (90)days written notice to the Sublessor and no rent shall accrue after the effective date of termination, except as provided for in Section 6 c of this Sublease The Government will have the option to extend this Sublease for an additional ten(10) year term by submitting ninety(90)days prior written notice to the Sublessor b This Sublease shall not be varied or modified in any way, except by an instrument in writing, executed by the parties hereto c The NPS Radio Facility and any alterations, additions and improvements constructed or installed by the Government will remain the personal property of the Government("NPS Personal Property") Upon termination or expiration of this Sublease, the Government will remove all alterations, additions and improvements made or installed by the Government on the Premises within one hundred and twenty(120)days of the termination or expiration date, and restore the Premises to the same or as good a condition as existed on the Commencement Date, reasonable wear and tear excepted The Government agrees to cease NPS Radio Facility operations upon the date of expiration or termination of this Sublease Fallowing termination or expiration of this Sublease, the Government will continue to remit payment of monthly rent in accordance with Articles 3, 4, and 5 of this Sublease, to be pro-rated on a daily basis, and the terms and conditions of this Sublease shall remain in effect until the removal of Government Personal Property and site restoration is completed in accordance with this Article 6 Upon the approval of the Sublessor and the Midpeninsula Regional Open Space District("District"), and subject to applicable Government laws and regulations, the Sublessor may procure the Government antenna tower following termination or expiration 7 ANTI-DEFICIENCY ACT The Government's obligation to pay rent or any other charge under this Sublease is contingent upon the appropriation of funds for the purposes of this Sublease and, is further contingent upon the availability of funds from which payment for rent or other charges under this Sublease can be made i 8 TAX IDENTIFICATION All Subleases shall include the Sublessor's nine-digit Federal Taxpayer Identification Number(TIN)or a Social Security Number(SSN) Name of Sublessor: C &C Equipment Company TIN. Telephone Number. 9 ELECTRONIC FUNDS TRANSFER The Government will make payments under this Sublease by EFT After execution of this Sublease, but no later than thirty (30) days before the first payment, the Sublessor shall designate a financial institution for receipt of EFT payments, and shall submit this designation to the Government in accordance with Article 3 and this Article 9 of this Sublease, GSAR 552 232-76— Electronic Funds Transfer Payment and applicable General Clauses identified in Exhibit D of this Sublease a In the event the Sublessor, during the performance of this Sublease, elects to designate a different financial institution for the receipt of any payment made using EFT procedures, notification of such change and the required information specified in Article 3 above, must be received by the appropriate Government official no later than thirty (30)days prior to the date such change is to become effective b The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Sublessor or an authorized representative designated by the Sublessor, as well as the Sublessor's name and Sublease number c Sublessor's failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due 10 PRIME LEASE The parties acknowledge that the Sublessor's interest in and right to use and occupy the Premises is derived from and governed by the provisions of a license, hereinafter the"Prime Lease,"entered into between the Sublessor and the District, the fee simple owner of the land underlying the Premises, a third party in interest signing in concurrence to this Sublease A copy of the Prime Lease, subject to redaction of the financial terms set forth therein or as otherwise required by any confidentiality and non-disclosure provision contained therein, is attached as Exhibit C of this Sublease This Sublease is consistent with the terms and conditions of the Prime Lease, with the exception of provisions relating to hold harmless, indemnification, insurance, taxes, assignment, attorneys fees and dispute resolution Where the terms and conditions of this Sublease are inconsistent with the terms and conditions of the Prime Lease, the terms and conditions of this Sublease will apply Sublessor and the Government acknowledge and agree that, in the event the Sublessor's rights to occupy and use the Premises, or the land underlying the Premises, are terminated as a result of the termination or ex iration of the Prime Lease, then the 7/6/2009 pale 2 of 8 | | SL"=="" must give the Government notice`" the termination "' the Prime Lease"v the close = business"' the day i that the Sublessor receives notice of the termination of the Prime Lease followed bywritten notice within one weekm � said date. The Government will make best efforts 0o prevent its conduct or that cf its employees, agents o/ � contractors from resulting ino breach of the Prime Lease 11 ELECTRICAL POWER AND ANTENNA TOWER a Sublessor shall furnish electrical power to the NPS Radio Facility up to the monthly base electrical usage allowance identified in Exhibit A- Summary("Electrical Base Allowance") as part of the Sublessor provided services atno additional cost bo the Government The Government will install osubmeteron its equipment certified toANSI Ci21 and C12 16 If the N PS Radio Facility exceeds the Electrical Base Allowance, based upon quarterly metered usage, Government agrees to reimburse Sublessor for the additional cost of electrical power above the Electrical Base Allowance on a quarterly basis in arrears at a rate mutually agreed upon by the parties The Sublessor shall furnish to the Government, as part of the rental consideration back-up electrical power at no additional cost to the Government Sublessor does not guarantee the performance, or effect, of power supplied by local utility companies or � Sub|emso/s electrical equipment on Government's System Sublessor shall have no liability bn the Government for � any damages to the NPS Radio Facility caused by, or lack of, electrical power |n the event ofan electrical power � outage or other changed conditions that disrupt or impair Government radio operations, the Sublessor authorizes the Government and its employees, agents, and contractors to access the Premises and perform emergency repairs to restore NPS Radio Facility operations � b The Government will install an antenna tower on the Subleased Ground Space as Government owned � � personal property, and provide tower access for District antennas, subject to the execution of an appropriate � � Government authorization for that co-location, and Government approval of the installation to ensure non-interference � between Government, District, and third party radio and microwave operations � � c The Government io aware that the antenna tower has the potential to block signals of existing Black Mountain Site tenants and it io the Government's responsibility ho promptly correct the interference in accordance with Article 22 of this sublease The correction, at the Government's cost, may include the Government removal and relocation of NPS and/or third party antennas so interfered with, within seven (7)days of Government being informed in writing by Sublessor and/or Site Manager of such interference Third party antennas may be installed un the Government furnished antenna tower to resolve interference subject to the execution of an appropriate Government authorization | for that co-location 12 INGRESS/EGRESS Sublessor hereby grants to the Government, its contractors, agents, and other duly assigned personnel, the right of ingress and egress(both vehicular and pedestrian)at all times as necessary or convenient for the installation, use, maintenance, repair, operation, and replacement of the NPS Radio Facility across Sublessor's property to the Premises Construction of the Government antenna tower shall be coordinated with the Sublessor and District in advance 13 CONDITIONS OF USE The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, State, and local permits, licenses, or other authorization required for operation of its equipment 14 GOVERNMENT INSPECTION The Government reserves the right, at any time after this Sublease is signed and during the term of this Sublease, to inspect the Subleased premises for conformance with NPS safety standards and applicable regulations to which access is necessary to ensure a safe and healthy work environment for the Government and the Sublessor's performance under this Sublease The Government will submit credentials and � identification for all personnel authorized to access the premises Specifically excluded from this Article 14 are health and safety hazards from the uses and occupancy that are outside the Premises and do not affect the Premises 15 INSTALLATION, MAINTENANCE AND OPERATION The Government will have the right during the Term to install, maintain, operate, repair, and replace with like kind equipment the NPS Personal Property, including but not limited to the NPS Radio Facility, any other improvements to be constructed or equipment to be installed upon the Premises, and any equipment or infrastructure necessary for, or related or ancillary to, the operation, performance, and maintenance of the NPS Radio Facility provided the Government does not expand its use beyond that allowed by in Exhibit A and B of this Sublease The Government is responsible for all costs connected with the installation, maintenance, and operation of the NPS Radio Facility, except for those Sublessor provided services and supporting infrastructure identified in Article 11 of this Sublease The Sublessor hereby grants to the Government the right to secure the NPS Radio Facility within the Subleased Shelter Space from third party access provided it is accomplished by locked cabinet and stays within the footprint of the Subleased Shelter Space as shown in Exhibit B AIINPS Personal Property shall remain the personalproperty of the Government and may only be removed or otherwise � � � � � � � � rmomn Page 3*x 131ack kit SF2 Lease 6-30-09 1113 disposed of by the Government 16 IMPROVEMENTS AND ALTERATIONS a The Government is authorized to perform maintenance including the replacement in kind and same location of the equipment and antennas that does not increase or alter the dimensions of said equipment and antennas in the NPS Radio Facility("Routine Maintenance") at any time during the Term of this Sublease without further approval of the Sublessor or any adjustment in rent b The Government will have the right during the Term to make improvements and alterations, erect structures, and attach fixtures and signs upon the Premises, Subject to Sublessor and District approval of plans in writing The Government will have the right to tie into or make physical connection with structures or utilities located on the Premises as is reasonably necessary for utilization of the Premises and operation of the NPS Radio Facility Any improvements, structures, fixtures or signs attached to or otherwise erected upon the Premises will remain the personal property of the Government and may only be removed or otherwise disposed of by the Government c Government will obtain the prior written consent of Sublessor in writing before making any material additions to or alterations of the Premises and, if approved, alterations shall be made at the sole expense of the Government 17 FOLIAGE CLEARANCE/DEBRIS REMOVAL The Government may periodically trim and remove foliage and debris from the Premises and from all other areas under the Sublessor's control, in conformance with District approved vegetation best management practices, to accomplish the purpose of ingress and egress to the Premises, and to ensure the operational performance of the NPS Radio Facility and the antenna tower 18 PERFORMANCE FAILURE Except for Article 19 of this Sublease, if Sublessor fails to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the Sublease within thirty(30)days of the Government's written notice to Sublessor, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract and the Government may deduct any cost incurred for the service or item, including administrative costs, from rental payments 19 DESTRUCTION OF SPACE If the Subleased Ground Space and/or Subleased Shelter Space is partially or totally destroyed or damaged by fire or other casualty so that the Subleased Ground Space and/or Subleased Shelter Space is untenantable, as determined jointly by the Government and Sublessor, the Government will provide the Sublessor a reasonable period, subject to Excusable Delays to rebuild and restore the Subleased Shelter Space to a tenantable condition as determined by the Government During this period, no Sublease charge is to be incurred by the Government Any such payments by the Government to the Sublessor shall be promptly returned to the Government The Government may terminate this Sublease upon fifteen (15) calendar days written notice to the Sublessor and no further rental will be due if the new Subleased Shelter Space and Sublessor provided services and utilities are not fully functional by the end of a one hundred and twenty(120)day period 20 EMERGENCY BACKUP ON DESTRUCTION If the Subleased area is partially or totally destroyed or damaged by fire or other casualty so that the Subleased Ground Space or Subleased Shelter Space is unteriantable, as determined by the Government, the Government may provide temporary communications equipment on the Premises, to be sited in a location approved by Sublessor and District within twenty four(24) hours of the destruction Notwithstanding the foregoing, Government will at all times comply with the requirements of Article 22 of this Sublease 21 TENANTABLE CONDITION The Sublessor shall maintain the Premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Sublessor under this Sublease, in good repair and tenantable condition Upon written request of the Government, the Sublessor shall provide readily available documentation that building systems have been maintained, tested, and are operational 22 INTERFERENCE. a During the Term of this Agreement, Government agrees to use equipment of the type and design that will not cause interference to Sublessor or other licensees or lessees on the Site Government agrees to make no changes to its equipment, frequency or frequencies without the prior written approval of Sublessor Government agrees to maintain all its equipment to operate within the manufacturer's and FCC specifications b If Government's equipment causes interference, Government shall take all steps necessary to correct or eliminate such interference If such interference cannot be corrected within seven (7)days of Government being informed in writing by Sublessor and/or Site Manager of such interference, Sublessor may, in its sole discretion, 7/0/2009 page 4 of'S Black Alt SF2 Lease 6-30-09 VB require that Government cease operation of its equipment until such interference can be corrected or eliminated at which time Government may then resume operation of its equipment c Sublessor shall require all current and future licensees and lessees on the Site to comply with the provisions of this Article 22 23 WARRANTY AND REPAIR Sublessor makes no warranty, express or implied, as to the suitability of the subleased Premises for the Government's intended use or purpose and expressly disclaims any such warranty Sublessor does not guarantee an uninterrupted continuous electrical power supply to the subleased Premises 24 Government LIABILITY The Government agrees to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Torts Claims Act(28 USC 2671 et seq )against the United States for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Sublease Nothing in this Sublease shall constitute an obligation of funds of the United States in advance of an appropriation of those funds 25 GOVERNMENT INSURANCE The Government is a self-insured entity 26 CONTRACTOR LIABILITY AND INSURANCE Government contractors at the Black Mountain Site are to provide Sublessor, Accord Communications and District with certificates of insurance naming them additional insured and proof of tower climbers certification as deemed appropriate by the Sublessor in advance of any work at the Black Mountain Site 27 TAXES AND ASSESSMENTS The Government is not responsible or liable for any real property or personal property taxes, personal taxes, or assessments levied or assessed upon or against the Premises i 28 SUBLETTING AND ASSIGNMENT The Government may not sublet or assign the Premises to a non- Government agency or agencies without the written consent of the Sublessor and the District 29 CHANGE OF OWNERSHIP NOTIFICATION The Sublessor or District will notify the Government, as identified in Article 32,within thirty(30) days of any transfer of ownership of the described property; or change in payment mailing address 30 SUBSTITUTION OF GOVERNMENT TENANT AGENCY: The Government may, at any time, substitute any Government agency or agencies for the Government agency if approved in writing by Sublessor and District which approval shall not be unreasonably withheld 31 SEVERABILITY If any term or provision of this Sublease is held invalid or unenforceable, the remainder of this Sublease shall not be affected therebyand each term and/or provision hereof shall be valid and enforced o t t he fullest extent permitted by law 32 POINTS OF CONTACT AND NOTICE Each party to this Sublease shall appoint a representative and ensure that the address and phone number of its respective representative is kept current Either party may change their representative at any time, provided adequate written notice is given to the other party Matters pertaining to administration of this Sublease will be noticed to: General Superintendent, NPS, GGNRA Building 201, Fort Mason, San Francisco, CA 94129, Attn: Realty Specialist, Business Management Division Fees and other financial matters pertaining to this Sublease will be noticed to: ration of this sublease will be accomplished by: Budget Division, NPS, GGNRA Building 201, Fort Mason, San Francisco, CA 94129;Attn. Budget Chief Sublessor administration will be provided by Accord Communications, P O Box 670, Kenwood, CA 95452 Attn: Site Manager, Phone number(707) 833-2805 Sublessor accounts receivable will be provided by C & C Equipment Company, P O Box 1 138 Eastsound, Washington 98245, Attn. Accounts Manager 33 SUCCESSORS BOUND The Sublease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors 34 NO WAIVER No failure by either party to insist upon the strict performance of any provision of this Sublease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach shall constitute a waiver of any such breach of such provision 35. INTEGRATED AGREEMENT. 7K12009 page>of 8 i a This Sublease, upon execution,contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of this Sublease b If any term, provision, covenant or condition of this Sublease is held to be invalid, void or unenforceable, the rest of this Sublease shall remain in full force and effect to the greatest extent permitted by law and shall in no other way be affected, impaired or invalidated 36 EFFECT OF ACCEPTANCE AND OCCUPANCY Neither the Government's acceptance of the Premises for occupancy or the Government's occupancy thereof, shall be construed as a waiver of any requirement of or right of the Government under this Sublease, or as otherwise prejudicing the Government with respect to any such requirement or right 37 COMPLIANCE WITH APPLICABLE LAW The Sublessor shall comply with all Federal, state and local laws applicable to the Sublessor as owner or Sublessor, or both, of the Premises, including,without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at Sublessor's expense The Government will comply with all Federal, state and local laws applicable to and enforceable against it as a tenant under this Sublease provided that nothing in this Sublease shall be construed as a waiver of any sovereign immunity of the Government This Sublease shall be governed by Federal law 38 SUBORDINATION, NONDISTURBANCE AND ATTORNMENT a Sublessor warrants that it holds a leasehold interest in the Premises and other property as is necessary to the Government's access to the Premises and full use and enjoyment thereof in accordance with the provisions of this Sublease b The Sublessor shall not take action to adversely affect or disturb any right of the Government to operate and maintain the NPS Radio Facility under this Sublease so long as the Government is not in default under this Sublease c The Government will be deemed to have attorned to any transferee or transferees of the Prime Lease or any portion thereof and its or their successors and assigns, and any such transferees will be deemed to have assumed all obligations of the Sublessor under this Sublease, so as to establish direct privity of estate and contract between Government and such transferees,with the same force, effect and relative priority in time and right as if this Sublease had initially been entered into between such transferees and the Government; provided, further, that the Government Representative and such transferees shall, with reasonable promptness following any transfer, execute all such revisions to this Sublease, or other writings, as shall be necessary to document the foregoing relationship d None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign 39 DEFINITIONS The following terms and phrases(except as otherwise expressly provided or unless the context otherwise requires)for all purposes of this Sublease, and for all provisions of this Sublease, including those incorporated by reference, shall have the respective meanings hereinafter specified: a "Commencement Date" means the date on which the NPS Radio Facility begins construction activities at Black Mountain Radio Site in support of Government law enforcement and maintenance operations following approval of the installation of the NPS Radio Facility by the Sublessor b "Contract"and "Contractor" means"Sublease"and "Sublessor,"respectively c "Contracting Officer"or"Representative" means the Government representative or a Government officer or employee with the authority to enter into, administer, and/or terminate leases and/or contracts and make related determinations and findings The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer d "Delivery Date" means the date specified in or determined pursuant to the provisions of this Sublease for delivery of the premises to the Government, improved in accordance with the provisions of this Sublease and substantially complete, as such date may be modified in accordance with the provisions of this Sublease e "Delivery Time" means the number of days provided by this Sublease for delivery of the premises to the Government, as such number may be modified in accordance with the provisions of this Sublease. 7/6/2009 page 6 of 8 f "Effective Date" means the first day of this Sublease Term that is identified in Article 2 of this Sublease g "Excusable Delays"mean delays arising without the fault or negligence of Sublessor and Sublessor's subcontractors and suppliers at any tier, and shall include, without limitation, (1) acts of God or of the public enemy, (2) acts of the United States of America, City of Palo Alto and District in either their sovereign or contractual capacity, (3) acts of another contractor in the performance of a contract with the Government, (4) fires, (5)floods, (6) epidemics, (7)quarantine restrictions, (8) strikes, (9) freight embargoes, (10)unusually severe weather, or(1 1)delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Sublessor and any such subcontractor or supplier h "Sublessor shall provide" means the Sublessor shall furnish and install at Sublessor's expense i "Operational services,"means services that support use of a Subleased property, such as heating, ventilation, air condition, utilities, and custodial services I j "Simplified Lease Acquisition Threshold" means$100,000 average annual rent for the term of the lease, including option periods and excluding the cost of operational services k "Substantially complete"and "substantial completion" means that the Work, the common and other areas of the building, and all other things necessary for the Government's access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this Sublease, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment I "Work"means all alterations, improvements, modifications, and other things required for the preparation or continued occupancy of the premises by the Government as specified in this Sublease m "Mailing"refers to Certified Mail with a return receipt and the date of acceptance being the start date 40 CLAUSES INCORPORATED BY REFERENCE Exhibit D of this Sublease incorporates one or more clauses, required by applicable law, from the Federal Acquisition Regulation (FAR)or from the General Services Administration Acquisition Regulation (GSAR) by reference, with the same force and effect as if they were given in full text Upon request, the Contracting Officer will make the full text available or the full text may be found as GSA Form 3517A at http://www gsa gov/leasingform Provided further, the following clauses in GSA Form 3517A do not apply to this Sublease including: Clause 2 Sublet and Assignment, Clause 4 Subordination, Nondisturbance, and Attornment, Clause 6 Substitution of Tenant Agency; Clause 17 Fire and Casualty, and Clause 19 Alterations 7/0/2009 page 7 of 8 � I 1 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written For Sublessor. C & C Equipment Company a California Corporation i By _ [Sublessor's Authorized Representative] Date] For Government. UNITED STATES OF AMERICA Acting by and through a duly authorized Official of the Department of the Interior, National Park Service Western Space Management& Leasing Office By Susan Speakman Date Space Leasing Contracting Officer For Property Owner signing in concurrence and authorizing this Sublease between the C &C and NPS: i i i I 7/6/2OU9 page 8 018 Exhibit A-1 SUBLEASE SUMMARY Sublessor: C &C Equipment Company, a California Corporation Sublessor's Address: Notices and Correspondence: P O Box 670, Kenwood, CA 95452 Payments and Accounting: P O Box 1138, Eastsound,WA 98245 Site Manager: Accord Communications, P O Box 670, Kenwood, CA 95452 Telephone. (707)833-5027, Fax. (707) 833-2805 Government: United States of America, Department of the Interior, National Park Service Government's Address: Building 201, Fort Mason, San Francisco, CA 94123 Government's Telephone: (415)561-5176 Contact: Bert Carlson, Communications Center Chief Licensed Premises: approximately (_) square feet floor space in building, and approximately four hundred and eighty(480)square feet ground area for antenna tower Access Rights: Reference. NPS SF-2 Lease, Section 12. Ingress/Egress Term: Reference: NPS SF-2 Lease, Section 2. Term License Rent: Reference: NPS SF-2 Lease, Section 5. Rent and Annual Adiustment Electrical Base Allowance: (_) kwh/month Government Equipment: Interior floor space required for two (2) Hoffman Seismic Cabinets, with dimensions of. 84 05" H, 27 55"W, 31 50" D Interior floor space for UPS (5 3 KVA capacity) Harris Constellation 7 4xDS-3 Microwave Radios(2)with space diversity option Andrew MT050-81315 Dehydrator Andrew 6600D-4 Gas Distribution Manifold Self-supporting Triangular Steel Lattice Tower, 80 ft Andrew PL-871W 8 ft Microwave Antennas(2) Andrew PAL 10-W71 W 10 ft Microwave Antennas(2) RFS 400108 CPR 137G Pressure Window(4) Waveguide Type: Andrew EW-64 Miscellaneous Equipment:waveguide connector, flexible jumpers, waveguide hangers, grounding kits Frequencies and Power levels (30 MHz bandwidth): To Montara Mountain. 7570, 8 ft antennas w/diversity Upper antenna centerline 75' Lower antenna centerline 50' Azimuth. 312 74° Estimated effective radiated power. 67 2 dBm To Lawrence Livermore National Laboratories: 8260, 10 ft diversity antennas Upper antenna centerline 73' i Lower antenna centerline 50' Azimuth. 43 21° Estimated effective radiated power: 70 5 dBrn Installation by Sublessor Required: Not Applicable One Time Installation Fee: $6,000 to be remitted through NPS Construction Contract One Time Administrative Cost Recovery for Sublease: $1,500 00 Master Antenna System Required: Not Applicable One Time Master Antenna Fee: Not Applicable II Exhibit A-2 SUMMARY SITE INFORMATION Tower Coordinates: 37'19'07 72" N , {' 122 08'49 85"W Via' { 'g; -_-. i Self-Supporting, 80' Triangular Steel Lattice Tower • ... 4f�yt.^ J4 .'y� 7 4 h i vg- ` NIPS Contacts: IN 3MA� *�� Radio: Bert Carlson (415) 561-5176 * � s 1 _ Sublease Administration: Susan Speakman (303) XXX-XXXX 31 All .:a't l't •:.'i7�.T,^. .41•C1Stn(' 4!ufh7 �.�7:+G11:��°:a Antennas (height values centerline relative to tower): 8' high-performance microwave antenna at 75 feet (to Montara) 8' high-performance microwave antenna at 50 feet(to Montara) 10' high-performance microwave antenna at 73 feet (Lawrence Livermore) 10' high-performance microwave antenna at 50 feet(Lawrence Livermore) Frequencies (Microwave): From Montara—7270 To Montara—7570 From Livermore - 7900 To Livermore 8260 Frequencies (Trunked RF) None Equipment Racks (3) Rack 1, Microwave(to Montara), Harris Constellation Radio, Power Supply, Multiplexer Rack 2, Microwave (to Livermore), Harris Constellation Radio, Power Supply, Multiplexer Rack 3, (or floor mount). 7 KVA UPS I I Exhibit A-3 i SITE SPECIFIC TERMS 1. Site Location. Sublessor manages the Radio/Communications site located at Black Mountain, Santa Clara County, California located at geographical coordinates latitude 37-19-08 and longitude 122-08-45("Site") These Site Specific Terms of Exhibit A are incorporated into this Sublease by reference 2. NPS Authorized Personal and Keyed Access a Before entering the Site, Government will provide to the Sublessor in writing, the names of all persons authorized by Government to enter the Site Government will update that list as changes occur and provide Sublessor with a copy Sublessor reserves the right to deny access to the Site to any non-authorized person b Within seven (7)days of the Commencement Date, the Sublessor shall deliver to the Government all necessary keys and combinations to facilitate Government's access to the Premises Loss or unauthorized duplication of keys by Government will make Government liable, at Sublessor's sole discretion, for the cost of re-keying the Site locks 3. Site Management. Government agrees to operate the Radio Facility in material compliance with the reasonable requirements of the Sublessor, including but not limited to Sublessor's Technical Requirements included in this Exhibit A and upon written notice, with any reasonable amendments thereto Sublessor shall designate a Site Manager, who has authority over all technical matters at the Site 4. Licenses, Installation,Authorized Equipment a Government will, at its sole expense, obtain and maintain a Federal Communications Commission ("FCC"), District, and other required licenses or permits ("Licenses") for the NPS Radio Facility at the Site Government will provide Sublessor with copies of its Licenses Government represents that before installation of the NPS Radio Facility, Government will obtain applicable Licenses pertaining to the installation, operation, maintenance and repair of the NPS Radio Facility at the Site Sublessor agrees to fully cooperate with Government, at Government's cost, in obtaining the Licenses and to execute any applications, maps, certificates or other documents required in connection with the Licenses b Upon submittal and/or execution of applicable Licenses with the District, Government may install the NPS Radio Facility after the Commencement Date and prior to the Activation Date The initial installation of the NPS Radio Facility is subject to the prior written notice and approval of the Site Manager All antennas are to be painted a medium gray color c Government installed NPS Radio Facility equipment, and antennas installed during alterations, additions and improvements, except for in kind replacements performed as Routine Maintenance, require Sublessor's prior written notice and approval Government will not install new NPS Radio Facility equipment and antennas not listed in the Exhibit A Summary without Sublessor's or its Site Manager's prior written approval The Exhibit A Summary shall be modified periodically to update for Sublessor approval, new NPS radio equipment and antennas installed during alterations, additions and improvements 5. Maintenance Standards a Government agrees to maintain and operate the NPS Radio Facility in accordance with applicable, NTIA and NPS vendor engineering standards for digital radio and microwave broadcast purposes and the Sublessor's Technical Requirements identified in this Exhibit A b Government at its own expense, shall protect, maintain and keep in good order the leased Premises Government will not maintain nor permit any nuisances on the Site Neither Sublessor nor Government will permit the Site to be used for any purpose or use in violation of any of the laws, ordinances, rules or regulations of any public authority applicable thereto 6. Sublessor's Emergency Access. in an emergency, including but not limited to, fire or property damage, Sublessor and/or Site Manager shall contact the Government and notify them of the intent to enter the Premises The Sublessor may access the Government's equipment working in cooperation and coordination with the Government to eliminate or attempt to eliminate any hazard caused by Government's equipment The Site Manager shall also, upon 24 hours advance notice, be entitled to enter the Licensed Premises and have access to the NPS Radio Facility for any purpose related to Site management Prior to the Activation Date, the Government will deliver to the Sublessor keys, combinations, and/or cards necessary to allow Sublessor access to the Premises as provided for in this paragraph i i 7. Sublessor Limited Liability. Except in the case of Sublessor's misconduct, Sublessor shall have no liability to Government or anyone claiming under or through Government for. (1)any injury, inconvenience, loss or damage to Government caused by failure of equipment, or the malfunctioning or interruption of any service, utility, facility, or installation supplied by Government, or Sublessor, Mid-Peninsula Regional Open Space District, or the principals, employees or agents of each, or any other person, in any such case beyond the control of Sublessor; or(2)for the making of any alteration of or improvement or repair to the Licensed Premises, the Site or Sublessor's equipment located in or on the Site, whether required by any governmental agency, or due to casualty, or for any other reason, if, in the case of any such alteration, improvement or repair, Sublessor has exercised due diligence to avoid or minimize any such injury, inconvenience, loss or damage 8. Mutual Consent. Wherever in this Sublease the consent or approval of the District, Sublessor and/or Government is required, it is agreed by the parties that such consent or approval shall not be unreasonably withheld and will be promptly considered 9.. Captions. Captions or headings of paragraphs of this Sublease are provided for convenience only, and shall not be of any force or effect in construing any provision of this Sublease 10. Superseding Sublease. This Sublease supersedes all prior agreements between Sublessor and Government for the NPS Radio Facility operating on the Sublessor's Black Mountain Site 11. Hazardous Materials a Government agrees to abide by all federal and applicable state and local environmental laws, rules, regulations, ordinances,judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment b Government will not cause or permit any hazardous material to be brought upon, kept or used in or about the Premises by Government, its agents, employees, contractors or invitees, except batteries in type and configuration approved by Sublessor, freon used for coolant systems and reasonable amounts of cleaning supplies or materials usually used with Government's System, provided, however, such supplies or materials are reasonable Except as provided herein, Government will not cause or permit any other material classified as hazardous to be brought upon, kept or used in or about the Licensed Premises by Government, its agents, employees, contractors or invitees, without the prior written consent of Sublessor,which consent shall not be unreasonably withheld so long as Government demonstrates to Sublessor's reasonable satisfaction that such hazardous material is necessary to Government's use of the Licensed Premises c Sublessor and Government agree that any hazardous material permitted on the Licensed Premises and all containers therefore shall be used, kept, stored and disposed of in a manner that complies with all applicable federal, state and local laws or regulations pertaining to any such hazardous material, and shall not cause public or private nuisance or trespass d Upon termination of this Sublease and at the written request of Sublessor, Government, at its sole cost and expense, shall remove in the manner required by law any storage tanks or other hazardous materials located upon the Licensed Premises solely as a result of Government's actions or the actions of Government's agents, employees, contractors or invitees e As used herein, the term "Hazardous Material" means (a)any"hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder, (b)any"hazardous substance"as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), as amended from time to time, and regulations promulgated thereunder; (c)any"oil, petroleum products", and their by-products; and (d)any substance which is or becomes regulated by any federal, state or local governmental authority Any substance which is exempt from regulation under the definitions or exemptions in any of the statutes, regulations or ordinances referenced herein are also excluded from the provisions of this Sublease 12. No Smoking Requirement. No smoking to, from or at the Site will be permitted outside a vehicle and all smoking material and matches must be placed in the vehicle's ash tray Government's agents, employees, contractors and invitees are to be notified of this condition by the Government Exhibit A-4 SUBLESSOR'S TECHNICAL REQUIREMENTS All systems are required to conform to the following minimum standards Microwave and others stems not included in 9 Y q Y the Site Requirements shall be addressed on a case-by-case basis 1 All transmitters shall be FCC approved and equipped with protection devices that meet the following minimum I standards Minimum Isolation or Attenuation Band(MHz) Isolators 2nd Harmonic Filters Cavity Filters 30-50 50 dB 40 dB 20 dB @+/-0 5 MHz 66-88 50 dB 40 dB 20 dB @ +/- 1 0 MHz 136-174 50 dB 40 dB 20 dB @ +/- 1 0 MHz 406-512 50 dB 40 dB 15 dB @ +/- 1 0 MHz 806-960 50 dB 40 dB 20 dB @ +/-5 0 MHz 2 All isolators, at the port nearest the antenna, shall be equipped with a load rated at a power equal to that of the transmitter output 3 Only cable types listed shall be used to connect the transceivers to protection devices, distribution systems and antennas Other types will require approval from the Site Manager 1-Triax (Belden 9222) 2-RG-9/U JAN-C-17-A 3-RG-213/U MIL-C-1713 4-RG-214/U MIL-C-17F 5-RG-223/U MIL-C-17F 6-1/4"LDF (FHJ 1-50) 7-1/4" Superflexible (FSJ1-50) 8-3/8"LDF (LDF2-50) 9-1/2"Superflexible (FSJ4-50B)(LLFLEXI2) 10-1/2" LDF (LDF4-50A)(FLC-12-50J) 11-7/8" LDF (LDF5-50A) (FLC-78-50J) Cables#1-10 must use fittings that have solder on center pins. Any crimp or compression types must be approved by the Site Manager Any fittings other than"N"or"BNC"must be approved by the Site Manager 4 All antenna locations shall be reviewed and approved b the Site Manager prior to installation Primaryconsideration PP Y 9 shall be given to required coverage, the reduction of potential IM interference and receiver desensitization to any equipment on or off site. 5 All exterior cables shall be secured with insulated stainless steel band straps, insulated wire or any other cable hanging device approved by the Site Manager 6 All interior cables shall be secured with wire ties or other cable hanging devices approved by the Site Manager 7 All interior and exterior cables attached to the Superstrut cable support system shall use Cush-A-Clamps or other framing channel clamps approved by Site Manager 8 NPS Contractors performing antenna tower construction, access or maintenance at the Black Mountain Site shall have tower climbers certification (e g Comm Train, Gravitec Systems Inc}that will be reviewed and approved by the Sublessor in advance of work Exhibit ' -.. Interior - ATC - Black Mountain ' . • • Siteh; Golden Gate National Recreation t 5antr Clara county, California t J a t� 84 1 o, 1 r i r I 1 U I -. • Black Mountain Radio Site 95 SANTA CLARA COUNTY SAN MATEO I COUNTY I 1 I I i , i 1 i I 1 t 1 c I SANTA CRUZ , COUNTY 1 � , I I 9 L3--5) 0 s 2 I 1 Miles -_.. ...: NPS Lease - Exhibit B National Park Service Department of • ATC - Black Mountain Radio Site Golden Gate National - • Site Plan M. W i bs*.. d " � � o Radio Tower 2 TA x,�.� x .? a igM Equipment Shelter A' i?stew I ti> Equipment Shelter o zoo Road Access ^" I ® Feet Radio Tower S I • National Departmentof • ^? ATC - Black Mountain Radio Site Golden Gate NationalRecreation ShelterEquipment ?1_ J Subleased RE t 1'fr•=iL •.:I•T :E: :1IL I •":',E Ground EL i Space ITC . . T-..-L Illr T.: LL _— E II_i 11 FY t_' --IL_ +. -•IE: EL• ,.. E -- EL :vt - t _—T ti H.CE_ I'ItL :E _.? .rya 'irEr rH- F :�' E" d: , .,�ri; - -LL r i -i LE III E r 1��7'-_ ALL'..,E. - TI1E .I _•F -rE' .Ij Subleased .E I _ 'E,,i.E -E FE -E -' - Shelter ELF > .TE LE-•I: _ 'EV :•.E - F L-IIT_. . .- !i_:HE.. , Radio Tower Space L.: 'TI:.'' F :•E%. E.: I ' Ei T EE ELE 'f'1 'L :',I' ' F L- T T :.Tl E- E .E: — i -1TE =LAi NPS Radio Site 0 20 N Subleased Space W E - , P Black Mountain Feet � � S i GSA Form 3517E GENERAL CLAUSES I, (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to$100,000 Net Annual Rent) I The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease 2 If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due i 3 The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition Upon request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been maintained, tested, and are operational 4 In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract The Government may deduct any costs incurred for the service or item, including administrative costs,from the rental payments 5 52 252-2—CLAUSES INCORPORATED BY REFERENCE(VARIATION)(SEP 2001) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text Upon request, the Contracting Officer will make the full text available or the full text may be found on the Internet as GSA Form 3517A (Full Text) at http://www gsa gov/Portal/offering jsp?OID=113404 6 The following clauses are incorporated by reference: GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990) (Applicable to leases over$100,000} GSAR 552-203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999) (Applicable to leases over$100,000 ) FAR 52 209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT(JUL 1995) (Applicable to leases over$25,000 ) FAR 52 219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2000) (Applicable to leases over$500,000) FAR 52 219-16 LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (OCT 2000) (Applicable to leases over$500,000) GSAR 552 219-72 PREPARATION, SUBMISSION,AND NEGOTIATION OF SUBCONTRACTING PLANS(SEP 1999) (Applicable to leases over$500,000 if solicitation requires submission of the subcontracting plan with initial offers ) GSAR 552 219-73 GOALS FOR SUBCONTRACTING PLAN (SEP 1999) (Applicable to leases over$500,000 if solicitation does not require submission of the subcontracting plan with initial offers} INITIALS: & LESSOR GOVERNMENT GSA FORM 3517A PAGE 1 (REV 9101) FAR 52 222-26 EQUAL OPPORTUNITY(FEB 1999) (Applicable to teases over$10,000) FAR 52 222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (Applicable to leases over$10,000) FAR 52 222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA(APR 1998) (Applicable to leases over$10,000} FAR 52 222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Applicable to leases over$10,000) FAR 52 222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA(JAN 1999) (Applicable to leases over$10,000) FAR 52 232-23 ASSIGNMENT OF CLAIMS(JAN 1986) (Applicable to leases over$2,500) GSAR 552 232-75 PROMPT PAYMENT(SEP 1999) GSAR 552 232-76 ELECTRONIC FUNDS TRANSFER PAYMENT(MAR 2000) FAR 52 233-1 DISPUTES(DEC 1998) FAR 52 215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) (Applicable when cost or pricing data are required for work or services exceeding $500,000) FAR 52 215-12 SUBCONTRACTOR COST OR PRICING DATA(OCT 1997) (Applicable when the clause at FAR 52 215-10 is applicable) The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No 3090-0163 INITIALS: & LESSOR GOVERNMENT GSA FORM 3517A PAGE 2(REV 9/01) LeasesREPRESENTATIONS AND CERTIFICATIONS (Short Form) Solicitation Number Dated (Simplified Acquisition of Leasehold Interests in Real Property for � Complete appropriate boxes. sign the honn and attach to offer � The Offeror makes the following Representations and Certifications NOTE The 'Y]ffeno(''aa used on this form, is the owner of the property offered, not an individual or agent representing the owner I. SMALL BUSINESS REPRESENTATION(JA02Q07) � (a) (1) The North American Industry Classification System (NA|CE) code for this acquisition is � 531190 � (Z) The small business oba standard is $190 Million in annual average gross revenue of the concern for the last 3 fiscal years � � (3) The small business size standard for concern which submits an offer in its own namo, other than on a construction or service conhact, but which proposes to furnish o product which i\did not itself manufacture, is5O0employees ) (b) Representations (1) The Offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern (2) [Complete only /f the Offe/nr ne»nxo//ted itself as e o/na0 buomeco co/ue/// m po p/ 0V / o/ this provision] The Offeror represents, for general ohabsdua| purposes. that |t[ ] is. [ ] io not, a small disadvantaged business concern as defined in 13CFR 1241002 (3) [Co//y,hs/y o///y // the �-Xfe'o/� � / / '/se/" aS a 1317ia0 na'agoaph (h)(/) o//hmpmvmm/']ThmOfferornapreoenhaoapartcfibao8erUno(h[ is, [ ] is not a women-owned small business concern (4) [Complete only if [he Offeror tepresented itself a�, o s/naV h//omws; | paragraph fV(1) o/0nnprovision]The Offeror represents as part cf its offer that h is. � [ ]\u not a veteran-owned small business concern (5) [Complete only // the Offeror represented itself as a veteran-ow,neV zxno0 /nmoeu; cm/ce/n in pa/uQ aph VV(4) of this provision] The Offeror represents as pert of its offer | that it[ ] is, [ ] ia not a service-disabled veteran-owned small business concern � (0) [Comp/e/e o/ /y if the Offeror /ep/ayan/od //seff as a s///a0 busmeno co//'l'o po/ay/ p/, (/`)(/) o///xn/`,ovioio/,]TheOffeoxneprasen\y` aspetofibsoffer, thaF— (i) It [ is, [ ] is not a HUBZone small business concern listed, on the date of thisrepresentation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change i | ownership and control, rino occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (0 It [ ] is, [ ] is not o joint venture that complies with the requirements of 13 CFR � part 126, and the representation in paragraph(b)(6)(i)of this provision is accurate / for the HUBZone small business concern or concerns that are participating in the joint venture [7ho Offeror shall enter the name or names of the HL/8Z01)e voa0 business concern o/ concerns //,a/ a/c-,, pe/licpa/xng it) ///p /'"n/ � wynkxe ] Each HU8Zoneama| bm�neosoonoem participating . � � the joint venture shall submit a separate signed copy of the HUB3bne � � representation � � INITIALS: & � Leason novsnwwEwr GSA FORM xa1oA PAGE 1 (REV 1mr � �---' � � � � 2. 53.222-22 -PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1B89) (Applicable hz leases over QiO.00O ) The Offeror represents that— (a) |t [ ] has. [ ] has not participated in e previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, (b) It[ ] has, [ ] has not filed all required compliance reports: and | (c) Representations indicating submission oYrequired compliance reports, signed by proposed � � subcontnautora, will be obtained ba8mne subcontract awards (Approved by OMB under Control Number 1216-0072 ) � 3. S2.222'25 -AFFIRMATIVE ACTION COMPLIANCE (APR 1384) (Applicable to |eeaao over $1O.0OO and which include the clause at FAR 52222-26. Equal Opportunity) The Offeror represents thot— (a) It ] has developed and has onfile, [ ] has not developed and dues not have onfile, at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor(41 (.,FRG0'1 and SO-2). or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement ofthe rules and regulations of the Secretary of Labor (Approved by OMB under Control Number 1215'OD72 ) 4. 52.203'11 — CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS(SEP 2005) � (Applicable 0o leases over$1DO.00D ) (a) The definitions and prohibitions contained in the clause, at FAR 52203'12. Limitation on Payments bu Influence Certain Federal Transactions, included }n this solicitation, are hereby incorporated by reference in paragraph (b)of this certification � ! � (b) The Offeror, by signing its offer, hereby certifies to the best ofhis or her knowledge and belief that onor after December 23. 1989.-- ! � (|) No Federal person for ' � influencing or attempting to influence an officer or employee of any agency, aMember � of Congmas, an officer or employee oVCongress, or an employee of Member of � Congress on his or her behalf in connection with the awarding ofocontract; � (2) If any funds other than Federal appropriated funds(including profit or fee received under o covered Federal transaction) have been ps/d, or will be poid, to any person for � influencing or attempting to influence an officer or employee of any agency, a Member � of Congress, an officer or employee of Congress, or an employee of Member of Congress on his or her behalf in connection with this solicitation, the Offeror shall � � complete and submit, with its offer, OMB standard form LLL. Disclosure ofLobbying � AoUviUes, to the Contracting Officer, and (3) He or she will include the language of this certification in all subcontract awards at tier and naqu(m that all recipients of subcontract awards in excess of $100.000 shall � certify and disclose accordingly � � (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352. title 3/. United States Code Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed o/ amended by this provision, shall be subject to a civil penalty of not (eoa than $1D.00D. and not more than $1OO.00O. for each such failure INITIALS: a LESSOR oovsnwaswr GSA FORM ao1uA PAGE c(REV 1mr) 5. 52.204-3 -TAXPAYER IDENTIFICATION 1998 (OCT ) (a) Definitions i "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the Offeror is a member "Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service(IRS)to be used by the Offeror in reporting income tax and other returns The TIN may be either a Social Security Number or an Employer Identification Number (b) All Offerors must submit the information required in paragraphs (d) through (0 of this provision to comply with debt collection requirements of 31 U S C 7701(c) and 3325(d), reporting requirements of 26 U S C 6041, 6041A, and 6050M, and implementing regulations issued by the IRS If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR)4 904, the failure or refusal by the Offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S C 7701(c)(3)) If the resulting contract is subject to the payment reporting requirements described in FAR 4 904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the Offeror's TIN (d) Taxpayer Identification Number(TIN) [ ] TIN. [ ] TIN has been applied for [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government, j ] Offeror is an agency or instrumentality of the Federal government, (e) Type of organization j ]Sole proprietorship, [ ] Government entity (Federal, State, or local), [ ]Partnership; [ ] Foreign government; [ ]Corporate entity (not tax-exempt), [ ] International organization per 26 CFR 1 6049- 4, [ ]Corporate entity(tax-exempt), [ ] Other (f) Common Parent [ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. [ ] Name and TIN of common parent. Name TIN 6. 52.204-6—Data Universal Numbering System DUNS Number OCT 2003 (a) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the Offeror's name and address exactly as stated in the offer The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Offeror to I INITIALS: & LESSOR GOVERNMENT GSA FORM 3518A PAGE 3(REV 1/07) establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts(see Subpart 32 1 1)for the same parent concern (b) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one (1) An Offeror may obtain a DUNS number— (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705- 5711 or via the Internet at httg.//www.dnb.com;or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office (2) The Offeror should be prepared to provide the following information. (i) Company legal business name (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized (iii) Company physical street address, city, state and zip code (iv) Company mailing address, city, state and zip code(if separate from physical) (v) Company telephone number (vi) Date the company was started (vii) Number of employees at your location (viii) Chief executive officer/key manager (Ix) Line of business(industry) (x) Company Headquarters name and address (reporting relationship within your entity) 7, DUNS NUMBER(JUN 2004) Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer cover page, the Offeror shall also provide its DUNS Number as part of this submission: DUNS# 8. CENTRAL CONTRACTOR REGISTRATION(JAN 2007) The Central Contractor Registration (CCR) System is a centrally located, searchable database which assists in the development, maintenance, and provision of sources for future procurements The Offeror must be registered in the CCR prior to lease award The Offeror shall register via the Internet at http://www.ccr.gov To remain active, the Offeror/Lessor is required to update or renew its registration annually [ j Registration Active and Copy Attached [ ] Will Activate Registration and Submit Copy to the Government Prior to Award i OFFEROR OR NAME,ADDRESS(INCLUDING ZIP CODE) TELEPHONE AUTHORIZED NAME REPRESENTATIVE STREET CITY STATE ZIP Signature Date INITIALS: & LESSOR GOVERNMENT GSA FORM 3518A PAGE 4(REV 1/07) ,I i ESTOPPEL CERTIFICATE THIS ESTOPPEL CERTIFICATE("Certificate") is executed by the Midpeninsula Regional Open Space District("District") in favor of the National Park Service("NPS"). WHEREAS C &C Equipment Company, Inc.("Tenant")leases certain real property for communications site purposes("Prime Lease"); and WHEREAS,NPS and Tenant have entered into a sublease("Sublease"), in which Tenant has agreed to allow NPS to construct an additional communications tower on Tenant's leasehold;and WHEREAS, in connection with the Sublease, Tenant has requested that District execute this Certificate. NOW THEREFORE. District certifies, warrants,and represents to NPS as follows: Section 1.Tenant Tenant is the tenant of the Leased Premises under the Lease. Section 2. Full Force of Lease As of the date of this Certificate,the Lease is in full force, has not been terminated,and is enforceable in accordance with its terms. Section 3. Complete Agreement The Lease,as attached to this Certificate as Exhibit A, constitutes the complete agreement between District and Tenant for the Leased Premises and the Property, and no amendments to the Lease, either written or oral,currently exist. Section 4. Lease Term The term of the Lease commenced on and ends on subject to the option to extend for one additional ten year period and for one five year period thereafter, for a total lease term not to exceed twenty-five(25)years. Section 5. NPS Improvements District may construct a rees that NPS g y said new communications tower on the Lease Premises subject to Possession by NPS of all permits and licenses ses required by any applicable jurisdictio nal authority, Prior written consent of Tenant and issuance of a Permit to Enter by District for such construction activities. Section 6. Purchase Rights Tenant has no rights to purchase the Leased Premises. Section 7.No Defaults As of the date of this Certificate there exist no defaults under the Lease by Tenant,and no event which with the passage of time or the giving of notice or both would constitute a default under the Lease by Tenant. Section 8.Notification by District From the date of this Certificate and continuing until District agrees to notify NPS immediately at the following addresses: National Park Service On the occurrence of any default under the Lease by Tenant or on the occurrence of any event which with the passage of time or the giving of notice or both would constitute a default under the Lease. District covenants that it shall accept the assignment of the NPS Sublease,as Lessor, should the Prime Lease be terminated prior to expiration of the Term, including any extensions thereof,on the same terms and conditions contained in the Sublease. District further agrees that the Sublease is not nor shall be subordinated to any encumbrances of the Premises by District except with the prior written consent of NPS which shall not be unreasonably withheld. District makes this Certification with the knowledge that it will be relied on by NPS in entering into the Sublease with Tenant and in witness thereof District executes this Certificate. DISTRICT: Stephen E. Abbors General Manager Date: Attest: Anna Jatczak District Clerk Approved as to form: Susan Schectman General Counsel T �6f1 r Midpeninsula Regional ' Open Space District To: Board of Directors From: Rudy Jurgensen r Date: August 7, 2009 Re: FYIs t Midpeninsula Regional • ' Open Space District Memorandum • y To: MROSD Board of Directors From: Tina Hugg Copy: _ Date: August 5, 2009 Re: Update on the Administrative Office Remodel Project for Board Meeting on August 12, 2009 This update is being provided to the Board regarding the current status of the Administrative Office remodel project as of August 5, 2009. • Recent work completed includes the following: o Electrical work in kitchen, server room, Planning area(private office and two work stations) o Electrical hook up of server room AC unit o Preparing and painting walls in Public Affairs aisle o Majority of painting work in hallway, kitchen, server room, Planning area, private office o Replacement of ceiling tiles in restroom vestibule o Removal of old glue on concrete floor in kitchen in preparation for staining • Work underway: o Dry fire suppression system and doors in server room o Concrete stain samples for kitchen o Cabinetry field measurements o HVAC work in kitchen o Light fixtures for kitchen and server room ordered(delivery expected August and September) o Replacement of two HVAC diffusers in Planning area o Build-out of furniture system in Planning private office Next Steps: Staff will continue to work on: • Construction administration • Cost assessment for mid-to long-term HVAC improvements for the entire AO building An update will be provided through an informational memorandum to the Board at the next meeting. ' Midpeninsula Regional Memorandum ` Open Space District To: MROSD Board of Directors From: Ana Ruiz COPY: Public Attendees of the June 24, 2009 Board Meeting Date: August 5, 2009 Re: Roadside Parking along Purisima Creek Road near the Purisima Creek Preserve entrance At the June 24, 2009 Board meeting held in Half Moon Bay to consider the purchase of two Coastside properties, members of the public raised a number of questions and concerns regarding the current parking situation on Purisima Creek Road. This parking is associated with the District's Purisima Creek Redwoods Open Space Preserve(Preserve), which is open to public use and offers 24 miles of trails across approximately 3,360 acres. The lower Preserve trailhead currently provides approximately seven parking spaces(see Attachment 1). This trailhead is very popular among Coastsiders and others who wish to enter from the lower elevation where trail grades are less steep. This popularity has resulted in roadside parking along the edges of Purisima Creek Road, which is a narrow,two-lane, paved public road that is maintained by San Mateo County. Below is a summary of public concerns raised about the parking situation along Purisima Creek Road: • Additional parking is needed to address current parking demand; the District should consider additional I parkin r along the roadside of Purisima Creek Road. Vehicles are g in the [reserve to remove parked cars g known to park in the interior of the Preserve beyond the closed gate near the restroom. Consider formalizing this parking area for use by the general public. (For clarification, permitted parking by District staff and/or volunteers will occur on occasion in the interior of the Preserve to allow for District-sanctioned work and scheduled activities, such as interpretive hikes.) • The current roadside parking on Purisima Creek Road acts to further narrow the existing two-lane roadway, raising concerns about emergency vehicle access, especially for fire engines. • The bend in the roadway at the bridge crossing is very narrow, making it difficult to navigate even with passenger vehicles when cars are parked along the roadside at this location. Prior Measures to Address Parking Concerns Prior to the June 24,2009 Board meeting and as early as 1989, District staff explored the possibility of expanding the current parking area to better meet Preserve parking needs. In 1989, the District approached San Mateo County with a proposal to develop additional parking off Purisima Creek Road in the vicinity of the existing restroom. At that time, the County raised serious concerns regarding the ability to secure the required permits given the close proximity to Purisima Creek and the need to meet a 50-foot riparian edge setback as required by the Local Coastal Program, which at that time essentially rendered the site undevelopable(please note that the current seven-space parking area was pre-existing and therefore not subject to permit requirements). As a result,the District looked at other options to address the roadside parking and eventually obtained County approval to install "No Parking" signs along the south edge of the road near the Preserve entrance. This signage restricts parking to one side of the road to provide vehicles with sufficient clearance to maneuver and pass through with less difficulty. Current Measures to Address Parking Concerns |n response inooncens expressed at tile June 24, 2N9 Board meeting, District staff collected new j information to explore potential new parking improvements, and identified the following: Sigy»zge ^ Additional "No Parking" signage Could be installed to extend the no parking zone to preclude roadside parking on one side of the paved road. This action would require Sall Mateo County approval since the road imu public County roadway. ^ "No Parking" signs could also be installed on both sides of the road near the bridge crossing to ensure that the tight bend in the road remains free ofparked cars. Again, this action would require Sun Mateo County approval. / Expanded Parking � The 50-foot buffer setback from the edge of riparian vegetation continues to apply to this area. Any new development, including new orexpanded parking area, wnu|d he subject tothis buffer requirement. � There is only one reasonably flat area near Puriminmu Creek Road, io tile vicinity ofthe existing reatroum, where additional parking could beadded. This site iu bordered hvPudainuu Creek tothe north and u hillside bank tu the south. Ammonningtbe existing bank vegetation iy not considered riparian vegetation (additional review by a botanist would be needed for confirmation), additional parking may be possible. /\ reconnaissance review of the site yielded the following information (note that the first � three i<cmy are critical determining factors): � � |. The District would need to confirm that tile bank vegetation is not considered riparian � | vegetation and therefore not subject to the 50-foo1aetbuck requirement. � 2. /\County exemption for ufinc engine turnaround would heneeded. � � � 3. /\County exemption for a narrow, 200-foot long driveway may be needed; additional investigations are required to determine feasibility of widening the entrance if required. 4. The site may allow for au many am |4 additional vehicular spaces. 5. These spaces would be perpendicular to the creek and each space would meet standard dimensions: 20'6ect deep and i0-feetwide, with u20'fboi aisle for backing out. 6. The additional parking would increase the total available designated parking from 7 spaces � to2| apuucy. This increase may address most of the weekday use, but may not be sufficient � � 1u address weekend and holiday use. 7 M�u|1ip\csnnu|| aoJnn�diumm-ai�c\o:�a, inciudin� unJ�ra/or�vcA�tu|iun, `vuu|� uccd�ob� | � | removed. 8. Tile uphill bank would need to be graded and potentially held by a structural retaining wall. � � 9. The eximtin8restroonm would need to be relocated. |U. Significant drainage improvements would be needed to disperse surface runoff that would � � otherwise dicccdyenter the o,eek � � � � Discussions with Key Officials ! ^ Initial discussions with Sun Mateo County Planning indicate that it may be possible to work with the � County<u expand the current parking; this is dependent oil additional investigations of the site and � discussions with the B,c Department. ^ Initial discussions with Ca|Finc indicate that any improvement to the current roadside parking � situation would be desirable, but that current conditions do not preclude passage of fire equipment. � Also, fully restricting parking along both sides ofPurininoaCreek Road may not be feasible because the County may not give their approval. Next Steps After further discussions with San Mateo County Planning and local fire officials, District staff will return � to the Board with additional new information at u later time. � � Given tile complexity of this parking issue, District staff has identified the unanticipated Lower Purisima � Parking Improvements Project as a potential new Key Project for the 2009/10 Action Plan. The Potential � New Key Projects list with corresponding budgets and staff time allocations will be presented o,tile Board for review and consideration as part of the Midyear Action Plan Review. /- Xch i GO Tra.10 ,t`/c G«Id� ••• �- � Purisima Creek Redwoods Existing Parking Area, ti Open Space Preserve ♦ �� I ` �Hamom Ridge Tr ,on Roy � �•• +� ,_ail V �irisima Creek l Now ftft : ` re Tr ♦ =ts m � m Po. dy �••�n`a Ci eek Ro a Qu��s OPEN SPACE • • 1 1 1 i I Regional Open Space District For Immediate Release Date: August 5, 2009 Contact: Leigh Ann Maze(650)691-1200 MROSD helps local schools connect children to nature Los Altos, California [August 5, 2009]—The Midpeninsula Regional Open Space District is helping connect children and nature, despite budget cuts to schools, by providing transportation reimbursements for school field trips to the District's nature center. Docents lead scheduled, environmental field trips for third through fifth grade students at the District's David C. Daniels Nature Center, however many schools do not have the resources to bus children to the nature center's rural location in the Skyline Ridge Open Space Preserve. Using money donated by volunteers and the Kabcenell Family, the District created the Transportation Assistance Program in 2008, reimbursing pre-approved schools for transportation costs. Schools must be within the District's boundaries, which include part of Santa Cruz and much of Santa Clara and San Mateo Counties, and be qualifying Title 1 or low-income schools where vehicle rental or parent assisted transportation is limited. During the 2008-2009 school year, children from East Palo Alto, Sunnyvale and Half Moon Bay were able to participate in field trips to the nature center because of this program. On the field trips, students connect with the natural world through hands-on interpretive displays and explore the plants and animals in nearby Alpine Pond and surrounding trails. Environmental education not only fosters responsible stewardship of the environment, but has positive effects on children's health, happiness and ability to learn in school In light of recent cuts to education,and with the next school year just around the corner, the District hopes to increase the number of school children benetrtting from environmental education at the nature center through the transportation assistance program. Interested teachers should contact Jennifer Williams at the District at(650)691-1200 or visit ivww.open.spacc.or ,for more information. Created by voters in 1972,the Midpeninsula Regional Open Space District has successfully protected more than 57,000 acres of open space.The public enjoys the District's diverse and beautiful preserves 365 days a year.The District is public agency whose mission is to acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment.and provide opportunities for ecologically sensitive public enjoyment and education.www.onerrsjr=recarr . Midpeninsula Regional Open Space District For Immediate Release i i Date: August 4, 2009 Contact: Leigh Ann Maze(650)691.1200 x566 MROSD to consider purchase of Elkus Ranch uplands August 12 Los Altos,California [August 4,2009]—The Midpeninsula Regional Open Space District is holding a public meeting in Half Moon Bay August 12 to consider purchasing the uplands area of Elkus Ranch, located south of Half Moon Bay. Please help the District inform your readers about this meeting held: n911 w Wednesday,August 12,2009 6:30 p.m. Elkus Ranch Retreat Center 1500 Purisima Creek Roadrf' Half Moon Bay,CA. 94019 ` The District's board of directors will consider purchase of this 450-acre property from the University of California, who would retain the 150-acre lower portion of the property including a retreat center, ur hase of the uplands would help sustain education and 4H programs. The District's c environmentalr s r r r these programs,which provide hands-on environmental science, California history, animal care and agricultural education to over 6,000 youth and adults froth the greater San Francisco Bay Area each year. Purchase of this property would also provide opportunities to preserve the Coastside's scenic beauty,rural character, cattle grazing,wildlife habitat and the potential for future public recreation. If purchased,the , g g, P Elkus Ranch uplands will continue to be grazed, and remain closed until a public planning process looks at opportunities for public access balanced with agriculture,grazing,cultural and environmental preservation I The property is adjacent to the District's existing Purisima Creek Redwoods Open Space Preserve and is an important link in the District's goal to connect"Purisima to the Sea"by preserving a corridor of public open space and agricultural land from Skyline Ridge to the coast.The District purchased the nearby 260- acre Bluebrush Canyon property from POST in June,and anticipates obtaining POST's Lobitos Ridge property and the uplands of Purisima Farms, both adjacent to Elkus Ranch,within the next two years. Prior to the meeting, additional infortnation and the agenda will be posted to the Midpeninsula Regional Open Space District's Web site at ti�ww.oc nspt�ce.or��, Created by voters in 1972,the Midpeninsula Regional Open Space District has successfully protected and managed more than 57,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a year.The District is an independent, non-enterprise, California special district whose mission is to acquire and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment,and provide opportunities for ecologically sensitive public enjoyment and education.www.openspace.org. i G11EAMW S LAM A W ID EIN T R A I L IN ECVM wow OVEN By Josh Moore, Pr•csidc;lt have substantial new vegetation and will reening down the old GS over the rock gar- not be a reminder of the cranes and front dens within sight and smell of the creek The Giant Salamander trail at ECDM re- loaders that were in this corridor to re- that produced cool moist air even on the opened in April,and I got a chance to get move an old and undersized culvert. hottest days. The new GS continues to out there and ride it. provide an important cotunector with good Eventually the climb becomes more grad- flow and is rideable in both directions.My My route took me from Skeggs point along Tafoni and then down fir and past the Leal and you meander through the young preference might be north to south though. top � redwood grove at the top of GS where it of Resolution all the way to Methuselah. joins lower tmberview. There a sign states This section of Fir is pretty steep, a little that in the other direction the trail is 1.3 ECDM rocky and out-sloped in such a way as to miles long. n make it reasonably challenging. On the D�P"Ji original hydrology maps,it is slated to be I headed down a ways so that I could bet- closed at some tune in the future. I am not ter recall the time I took south leaf to Vir- -A message from Midpeninsula Regional Open sure of the status of that now. ginia mill and then up tinberview to the space District southenh end of GS. This climb as I recall Final approval from San Mateo County I headed down Methuselah funding some required some significant effort but makes Building inspection was recently ob- air off the water bars until I got to the a great loop. tained on the series of three fiberglass northern end of GS trail. bridges on EUM Creek Trail East. There Tlhis end of the trail was finished last fall T1he other way to get to the southern end of is a minor amount of work still to be ac- GS is to descend Timberview from the bot- complislned on the upper trail but noth- and was covered with straw and much GS of Martzanita or Crosscut trails. ing that will prohibit use by the public. sIashing to bring the width of the trail in MROSD moved this end of GS further Enjoy! the twent3�foot corridor down to a pretty down the Tinberview fireroad making it a f consistent three feet. The sign at this end glad mile descent from the terminus of Tlnere are no plans to work on the Fir 1 says it is 0.9 miles to the other end. Crosscut. This descent is known to be Trail at this time due mainly to its dis- popular with rangers with radar guns. tance from anv watercourse. Although it From here the trail descends and winds has a steep pitch and erosive sandstone and undulates with great flow over three At this point,I tried the new Giant Sala- surface,and has moderate to high erosion fairly large bridges and two or three pun- minder in the longer,south to north direc- Potential,the potential for fine-grained cheons where it crosses significant head- tion. It starts with a meander through die sediment delivery to a water course is waters of the El Corte de Madera creek. redwoods,followed by some nice float de- very low, so it ranked as a low erosion This section of trail is really sweet! priority in the Road and Trail Erosion scent, and a hair raising switchback into P n the bridge section. After the first couple Inventory done in 2004. The District has From there the trail climbs out of doe creek man other areas on nearly 57,000 acres bridges the trail descends rapidly over the Y I g at a consistent itch f r o P Y p o probably 20/. of land to focus on reducing sedunent big grade reversals reminiscent of parts of MROSD staff did a nice job in a challen - g {in some the mid-mountain trail in Park City. This delivery nne cases,roads providing ing alignment to incorporate grade rever- 1001%delivery of sediment to the aquatic is a challenging q g ng section both directions. sans through this section. While not the environnhent)and those sources will con- fastest rider, I ride myself on m ability t P > v o targets for Y i rit time t our hi h- r o v w _ to g O er all,I think the new GS is a rent ex g P Y clean short, steepand teclmhica g lly challeng- ample of world class singletrack in a chin_ restoration work. ing sections. This one is both challenging lenging corridor. I appreciate the time and and doable. nh The sta area at EUM is one of our effort and big bucks the District stunk into g g this trail to keep it open. I am no expert many active projects. We have had staff Towards the top of this section,the trail but I'd guess easily 250,000 of our taxpayer turnover so many projects will be was built two years ago,and already nu- dollars if not double that. layed. We are seeking grant funds to itrt- merous small plants are sprouting in the plement construction but that won't slash beside the trail It d my opinion, that Is the new GS better than the old? Well,it likely happen until 2012. in a few years the slashed sections should. is different. I have fond memories of ca- RONIP MOUNTAIN CYCLIST 4 Midpeninsula Regional • ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: August 12, 2009 Re: Late FYIs GENERAL MANAGER I itcp .r` Abbo!S Regional OpenSpace j Mldpenlnsula Regional Open Space District ( BOARD OF DIRECTORS Pete SsC"nens. Mary Davey ied Cyr Cecdy`,arriy August 4, 2009 Planning Commissioners Town of Portola Valley 765 Portola Road Portola Valley, CA 94028 Re: Conditional Use Permit Application X7D-169 for Additional Floor Area and Impervious Surface Area on a 229-acre parcel, located at 555 Portola Road, Spring Ridge LLC (Neely/Myers) Dear Commissioners: On behalf of the Midpeninsula Regional Open Space District(District), I would like to submit the following new Conditional Use Permit CUP amendment for the property at 555 comments regarding the proposed ( ) p p Y Portola Road, located adjacent to Windy Hill Open Space Preserve. This project consists of the proposed construction of a greenhouse and entertainment building(cabana), as well as an additional 8,000 square feet of floor area and 23,675 square feet of impermeable surface area for future accessory structures of unspecified location and use. The District owns and manages approximately 57,000 acres of public open space land on the San Francisco Bay peninsula, including Windy Hill Open Space Preserve, which is approximately 1,300 acres and located immediately adjacent to the proposed project site. The District's mission is: To acquire and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment;and provide opportunities for ecologically sensitive public enjoyment and education. As a neighbor of the project site who is concerned about aesthetic and natural resource impacts, as well as any direct and indirect impacts to the visitor trail use experience at our Preserves that may result from new development, we respectfully submit the following comments for the Planning Commission's consideration. Potential Environmental Impacts of Future Planned Structures and Uses The proposed CUP amendment includes 8,000 square feet of floor area and 23,675 square feet of impermeable surface area for structures whose use,design, materials, and location have not yet been submitted to the Town for review and consideration. According to the proposed CUP and the letter from CJW Architecture dated July 27, 2009, potential uses for these future buildings include: barn(s), agricultural support and storage buildings, one guesthouse, recreation and hobby buildings, utilities and system support facilities,and "other accessory buildings similar to those specifically listed above." This list of potential uses is very broad and is subject to interpretation. Moreover,this list uses open-ended phrases such as"future buildings include" and "other buildings similar to those listed above"that fail to specifically limit future buildings to these particular uses. Such a broad and vague description of future uses raises significant concerns about the intent of these buildings and the potential environmental impacts that the design, construction, and use of theses structures may create. z 3Co DiS[o(:: rclae LOS AI10S,Ca)4o-.: I 6 a 69;i2oC tjSn%9z 0,8; Furthermore, the location of these future structures is not specified in the proposed CUP amendment. The CUP refers to Exhibits A, a ground movement potential map submitted by CJW Architecture on July 10, 2009, and Exhibit B, a slope overlay created by Portola Valley planning staff, as a "framework to guide placement of buildings." The letter from CJW Architecture on behalf of the Applicant,dated July 27, 2009, argues that a binding map of what areas can or cannot be developed is inappropriate at this time. The CUP also states that the "new buildings and improvements should avoid slopes of 30% or greater and areas of scenic importance as defined in the town's general plan." Besides the lack of specificity that these constraints place on the location of future buildings,the words "framework" and "should avoid" do not carry sufficient assurance that these future structures will not be placed in locations that are inappropriate from a geologic hazard or scenic perspective. Given that the property is visible and adjacent to the District's Windy Hill Open Space Preserve,the project has the potential to create significant environmental impacts that can affect the recreational use and trail experience at the Preserve. The vague nature of the proposed 8,000 square feet of future development does not allow for a fair and accurate analysis of its potential impacts. Also,the proposed Conditional Use Permit does not provide sufficient constraints to ensure that future structures, and any associated grading or landscaping, will not have significant visual impacts for Preserve visitors. Moreover,the CUP does not address other potential impacts from these future structures or state how these potential impacts will be avoided. Specifically,the CUP lacks constraints on total tree and vegetation removal,total amount of grading (including cut and fill),maximum height, building materials (including non-glare finished surfaces), use of exterior lighting,allowable interior and outdoor uses,traffic generation, and noise impacts from these future structures and their uses. Water Quality Impacts The proposed CUP amendment will result in road upgrades and grading of building footprints. At the joint Architectural and Site Control Committee and Planning Commission site tour on June 8, 2009, the applicant stated that the proposed project would require road upgrades and excess fill material would be stored on the property. However,these actions are not detailed in the architect's plansheets. Large areas of the property, including areas traversed by the road from the main residence to the cabana, are in areas of known landslides and geologic instability. Improperly designed road construction or poorly contained fill storage sites could result in runoff and sedimentation into natural drainages, including Sausal Creek, which would have an adverse impact on water quality in streams that provide important aquatic habitat. Therefore,the District requests that the Planning Commission review the potential water quality impacts from grading and road construction, and require adequate erosion control as a condition of approval. Fire Safety As you are likely aware, California State Code requires property owners to create a defensible space zone of 100 feet from occupied structures on their property, or to within their property boundary, whichever comes n a structure where fuels and vegetation are treated cleared or I space is an area around first. Defensible sp c g reduced to slow the spread of wildfire towards the structure and to provide room for firefighters to safely fight fires and protect homes.The District recognizes that fire safety of individual homes and hillside communities is of the utmost importance and that one of the primary determinants of a home's ability to survive a wildfire is the quality of the surrounding defensible space. Good defensible space not only protects homes and communities but also protects native habitat from catastrophic wildfires. Given the lack of specificity on the actual location of the proposed 8,000 square feet of"future development", it is unclear whether this fire safety requirement will be met. Any Conditional Use Permit that allows for future development to occur in currently unknown locations should require a 100-foot property line setback as a condition of approval. By including this requirement,the Town and adjacent neighbors will be assured that current and future property owners will be able to implement the 100-foot defensible space clearance for any future structure within the private parcel to help keep their property and surrounding property fire safe. I Inadequate Environmental Review Based on the information gathered to date,the applicant has not provided sufficient descriptions on the future 8,000 square feet of floor area to adequately understand and evaluate the environmental impacts of this project nor have sufficient conditions of approval been identified to provide assurances that environmental impacts will be avoided as a result of this proposed future development. The Negative Declaration prepared by the Town of Portola Valley for this project does not provide sufficient information to justify the determination that the project, once fully implemented, will not result in significant environmental impacts. Therefore, we strongly urge the Planning Commission to not approve the additional future square footage (structures and impermeable surfaces) as part of this CUP until sufficient specificity on the type of structures, location, use, and design is provided and subsequently analyzed. Precedent-Setting Decision The District urges the Planning Commission not to approve the unspecified future square footage of development as a part of the CUP amendment to avoid setting a precedent for future development proposals in the Town. Instead,the District asks the Planning Commission to require a subsequent CUP amendment for this future development once the details of the development are identified to allow Town staff, neighbors, and other interested parties the opportunity to provide constructive comments prior to approval. Should the Planning Commission choose to approve the CUP amendment to include these future unspecified structures, the District then recommends that the Town develop additional standards and constraints as conditions of approval to assure that the issues discussed in this letter are fully addressed. In addition, the language of the CUP should be revised to more precisely define the type of development allowed versus what is restricted by the CUP. Moreover, all discrepancies between the Applicant's description of the project and the CUP should be resolved to prevent future confusion and misinterpretations between the Applicant and the Town. We appreciate the opportunity to review this project and thank you for your time in reviewing this letter. If you have any questions regarding this letter, please contact Erica Simmons, Open Space Planner, at 650 691- 1200. Sincerely, Ana Ruiz, AICP Planning Manager cc: Leslie Lambert, Planning Manager, Town of Portola Valley Architectural and Site Control Committee Members, Town of Portola Valley Stephen E. Abbors, General Manager, MROSD MROSD Board of Directors Interoffice Memorandum July 29, 2009 To: Stephen E. Abbors, General Manager From: Gordon Baillie, Management Analyst—Operation _2�__ Subject: Monthly Field Activity Summary—_June,2009 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Auto burglaries I I Closed Area 5 5 Possess/Cultivation marijuana 3 5 Speed 2 11 Helmet 13 22 Night Riding 0 0 ACCIDENTS/INCIDENTS Dogs Bicycle accident 6 Prohibited area 4 10 Equestrian accident 0 Off-leash 12 21 Hiking/Running accident I Vehicles prohibited 0 1 Other first aid 4 Closed area 5 10 Search & Rescue I After hours 4 30 Vehicle accident 0 Fishing 0 0 LZ air evacuation 0 Vandalism 0 8 Fire 2 Parking 14 20 ENFORCEMENT Parking after hours 13 17 "Subject" citations 49 Disabled parking 3 4 Parking citations 30 Dumping/Litter 0 1 Written warnings 43 Campfires 0 0 Arrests 0 Weapons Police assistance 5 Actual contact 0 2 Evidence of 0 0 MUTUAL AID Other: Accident 4 Smoking 1 2 Law Enforcement 2 Permit required 2 2 Fire (Acres) 0 Possession of tools 2 2 Fire (Vehicle) 0 Pet grave 0 1 LZ's for offsite 0 Occurrences of Special Interest Date: I At Long Ridge OSP, District Rangers discovered native vegetation had been cleared and several new plantings of small Douglas Fir trees near the back access of a neighbors property. In addition they found rebar stakes and a mesh bag containing a plastic type container. 6 In Monte Bello, Los Trancos, and Skyline Ridge OSPs, a running group known as the Hash House Harriers were discovered holding a non-permitted organized run. Two of the runners were contacted by District staff and told to stop, which they initially ignored. Once stopped, one participant stated that she "did not know rangers could demand compliance, and she was going to call the police and her lawyer." Alcohol was detected, and the runner admitted that WEnforcernent Activity Reports\2009 Monthly SurnmarieWune 2009-Monthly Enforcement Sunimary.doc she had been drinking. Both subjects admitted to being part of the running group. They were 1 cited for participating in a non-permitted event. In addition they were given verbal warnings for resisting arrest. 7 While on patrol, District Staff discovered profane graffiti, naming and individual ranger on staff on the inside walls of the restrooms at the Skyline Ridge and Monte Bello OSP parking lots. re 9 A neighbor noticed that his waterlines had been tapped, and reported a marijuana cultivation site in the Soda Springs area of Sierra Azul OSP. Santa Clara County Sheriff's Department responded and eradicated the site, which was comprised of approximately 3,000 plants. No suspects were arrested. 9 A bicycle accident occurred on Canyon Trail at Monte Bello OSP. The rider was going downhill, hit a bump and went over the handlebars injuring their hip. The patient was transported to the hospital by ground ambulance. 12 A visitor called to report a bicycle jump, which had been constructed in Los Trancos OSP. Two suspects were contacted, and after admitting they built the jump and that they knew it was illegal, were cited and released. 13 A bicycle accident occurred on the Saratoga Gap Trail in Saratoga Gap OSP. The rider stated they hit the front brakes and went over the handle bars. The victim suffered an open fracture of their left finger. Cal Fire and District Staff treated the patient at the scene and let his friends transport him to the hospital. 14 At Russian Ridge OSP four individuals were contacted for having a dog, which was off- leash, and a bow with arrows. They were cited for dog prohibited, off-leash dog, and given a written warning for prohibited weapons. 14 A serious bicycle crash occurred at Fremont Older OSP. The bicyclist was riding downhill with an inoperative front brake and no helmet. The patient was transported to Valley Medical Center by LifeFlight. 15 A fire was discovered at St. Joseph's Hill OSP by a motorist who saw smoke rising while traveling on Highway 17. The fire was extinguished by CAL FIRE. In addition, an aroma of marijuana was discovered in the area, indicating there may also be a cultivation site nearby. 17 The Santa Clara Sheriffs Department Marijuana Eradication Team removed approximately 8,000 marijuana plants from Hooker Gulch in Sierra Azul OSP. 23 In Long Ridge OSP a bicyclist contacted CAL FIRE after observing a 55-gallon drum located approximately 25 feet down and embankment just off Highway 35 (Skyline Boulevard). CAL FIRE stated that Santa Cruz Haz Mat had been notified. The Haz Mat team determined the barrel contained unidentified material. Haz Mat advised they would not remove a barrel with unknown contents. The barrel was determined to be approximately 3/a full. The District hired a contractor and had the barrel removed. 28 A serious bicycle accident occurred on the Skid Road Trail at Monte Bello OSP. A bicyclist went of the handle bars and landed on their face. The victim lost consciousness for approximately 1 and 1/2 minutes and suffered severe facial lacerations. The patient was transported to Stanford Hospital by LifeFlight. WEnforcement Activity Reports12009 Monthly SummariesVune 2009-Monthly Enforcement Summary.doc ^ � � 29 The remains ofon illegal Fire were discovered and then removed on Mt. lJoounhummRoud 'uml � ' � outside of gate SA-07 at 8icrcuAzu| [)SP. 30 District staff noticed a vehicle parked along Highway 35, adjacent to Coal Creek OSP. The � vehicle was suspected to be associated with a marijuana site in the preserve. The San Mateo � County Drug Task Force was notified. /\n officer responded bz check the area. He saw something moving iu the area nf the grow and called for backup. Three more officers and a K-g unit arrived and found three grow areas with approximately 150 plants in each location. June Vandalism 5 Puciuirnu Creek Redwoods OSP: Graffiti tags un and in the lower restroonu. 0 Skyline Ridge (JSp: At gate SRO4a District 2Ci0 lock had been burned. i 7 Sierru/\zu| QSP: The mouth side of the monolith was broken into at the former Almaden Air ! i Force Base. ` � 29 E| Corte dc Madera ()SP: A\ gate CM0iu barricade with u sign giving vehicle closure information was found kicked in. | / ! � / � � � oEnforcemm Activity oepons\2009Monthly Summarieuom20m'Monthly mIcircemen/Summary.uoc M/DPENINsuLA REGIONAL OPEN SPACE ON RIC'T To: Ana Ruiz From: Cindy Roessler Date: July 31,2009 Subject: Categorical Exemption for Hazard Tree Removal and Fuel Management at Daniels Nature Center SUMMARY: This memo provides a project description and explanation for the issuance of a Class 4 categorical exemption under the California Environmental Quality Act for the removal of 14 trees at the Daniels Nature Center to reduce hazards and manage fuels. The dead and diseased trees are potential hazards that could fall on the building or on people who congregate around the building. Removal of the other live trees will meet new regulations regarding fuel reduction zones around buildings in wildfire hazard areas. The work will be conducted at locations and in a manner to avoid environmental impacts. PROJECT DESCRIPTION The trees and their proposed treatment are: • Dead nonnative Monterey pine(Pius radiata)82"circumference(26"diameter),cut down,leave standing snag 15-foot in height to serve as nonhazardous wildlife habitat • Diseased nonnative Monterey pine,80"circumference(25"diameter),cut down,leave standing snag 15-foot in height to serve as nonhazardous wildlife habitat • Twelve healthy nonnative Monterey pines,20 to 47"circumferences(6 to 15"diameter),cut to ground surface Large trunks will be cut into smaller sections(rounds)and left on the ground at the site. Smaller trees and vi branches will be chipped and used as mulch at the site. Construction documents include provision for prevention of water and air pollution,dust control,precautions associated with Sudden Oak Death, nondisturbance of wildlife,restrictions on noise,protection of any currently unknown historic resources and human remains. Adjacent trails will be temporarily closed during work. The project site consists of mixed landscaping and native forest around the edges of Alpine Pond and the Daniels Nature Center. Alpine Pond was dammed as a stock pond by former ranchers and is now maintained as a small,scenic Skyline Ridg e Open S Preserve and an educational pond for wildlife habitat,a recreational feature within the Sky t g pe pace , feature associated with the adjacent Nature Center. Alpine Pond supports the Western Pond Turtle(Actinemys marnrarata). Occasional California red-legged frogs(Rana dra)tnrrir)have been found in the pond which is also inhabited by nonnative bass,panfish and bullfrogs. Western pond turtles and California red-legged frogs are listed as California Species of Special Concern. The CAifornia red-legged frog is also listed as threatened under the Federal Endangered Species Act. The pine trees were either previously planted when the property was a ranch or have seeded themselves into the surrounding natural forest vegetation.. Native trees and shrubs common in the general area are coast live oak (Quercus agrifolia),canyon live oak(Quercus chrysolepis),and coyote brush(Baccharis pilularis). Recreational paths including ramps for handicapped visitors,a dock,picnic tables,benches,a permanently mounted telescope,and a water fountain have been installed around the Nature Center to encourage visitors to enjoy the site and learn more about the local ecology and history. Large groups of school children are brought to the Nature Center for inside and outside learning. The side of the Nature Center facing the subject pines trees has several large information boards and people can spend considerable time here reading the information and enjoying the shade. Skyline Boulevard(Highway 35)and Alpine Road are approximately 400 feet northeast and 600 feet northwest, respectively,of the project site. Skyline Boulevard is designated as a State Scenic Corridor and Alpine Road is designated as a San Mateo County Scenic Corridor outside the coastal zone. Because visitors are encouraged to linger at this location,dead and dying trees are a potential hazard of falling on people. They are also a hazard of falling on and causing damage to the Nature Center building. Removal of the nonnative pine trees near the Nature Center also reduces the volume of flammable vegetation near the building. New state laws extend the defensible space clearance around buildings in wildland areas from 30 feet to 100 feet to increase the chance of a building surviving a wildfire and provide firefighter safety when buildings during a wildland fire. The clearing of most vegetation within 30 feet of the Nature Center protecting g P g � g has been maintained for many years. Now,additional removal of flammable vegetation is being undertaken within the fuel reduction zone in the remaining 70 feet around the building to follow the new guidelines i from the California Department of Forestry and Fire Protection. To eliminate the potential for a fire ladder,the nonnative pine trees are being removed on the hill to the east of the building. Other trees will remain on this hill,however,the removal of the pines,which in particular have lower branches,will create greater spacing and will therefore reduce the overall fire hazard. CATEGORICAL EXEMPTION qualifies for a Class 4 cat egorical gorical exemption under the California Environmental Quality Act This activity u P Yq b (CEQA)for Minor Alterations of Land/Fuel Management Activities under CEQA Guidelines section 15304(i) Class 4 consists of minor public or private alterations in the condition of land,water,and/or vegetation which do not involve removal of healthy,mature,scenic trees except for forestry or agricultural purposes. (i)Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation,provided that the activities will not result in the taking of endangered,rare,or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. The trees that are being removed are either unhealthy,or thew removal is a necessary forestry practice to meet new fuel clearance requirements of the responsible fire agency at this location,the California Department of Forestry and Fire Protection. All work will be conducted further than 50 feet away from the edge of Alpine Pond and will not disturb the aquatic turtles or frogs,thus there will be no taking of endangered, rare,or threatened plant or animal species. No riparian or wetland vegetation will be removed. Work will be conducted in August after the bird nesting season. The tops of the target pine trees are somewhat visible from Skyline Boulevard,although they are mostly screened by dense stands of oak trees along the road shoulder. The target pine trees are visible to eastbound traffic on Alpine Road and visitors hiking around Alpine Pond. Widely spaced trees will remain on the site to provide wildlife 0 Page 2 habitat and a scenic vista while still providing a reduced amount of flammable vegetation, thus the overall r a e will be covered will not be substantially changed. The round surface thelandsca e 6 6 conic quality of Y s . P � tY t t with chipped material as mulch after removal of the pine trees,thus there will be no bare soil subject o erosion,nor is sedimentation to Alpine Pond expected. Understory plants such as California blackberry and California brome grass are expected to revegetate the soil after removal of the pine trees. There are no known hazardous materials or historical resources at the site. There are no other projects of similar type or nearby location that would result in cumulative effects. 0 Page 3 Notice of Exemption To: From: X County Clerk-San Mateo County Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022-1404 Project Title: Hazard Tree Removal and Fuel Management at Daniels Nature Center Project Location—City: none Project Location—Specific: corner of Skyline Project Location—County: San Mateo Blvd and Alpine Road Description of Nature,Purpose and Beneficiaries of Project: Removal of 14 nonnative pine trees at the Daniels Nature Center to reduce hazards and manage fuels.. The dead and diseased trees are potential hazards that could fall on the building or on people who congregate around the building. Removal of the other live trees will meet new regulations regarding fuel reduction zones around buildings in wildfire hazard areas.. The work will be conducted at locations and in a manner to avoid environmental impacts. Name of Public Agency Approving Project: Midpeninsula Regional Open Space District Name of Person or Agency Carrying out Project: Stan Hooper,Maintenance Supervisor, Skyline Field Office,Midpeninsula Regional Open Space District Exempt Status: X Categorical Exemption. State type and section number: Minor alteration to land—fuel management, Section 15304(i),Class 4 Reasons why project is exempt: The trees that are being removed are either unhealthy,or their removal is a necessary forestry practice ractice to meet new fuel clearance requirements, There will be no taking of endangered,rare,or threatened plant or animal species. Work will be setback from aquatic and wetland areas and conducted after the bird nesting season. Widely spaced trees will remain on the site,thus the overall scenic quality of the landscape, including views from scenic roadways,will not be substantially changed. There are no known hazardous materials or historical resources at the site. There are no other projects of similar type or nearby location that would result in cumulative effects. Lead Agency Contact Person: Cindy Roessler, Area Code/Telephone/Extension: Senior Resource Management Specialist 650.691.1200 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Noti f Exemption been filed by the public agency approving this project? ❑ Ye o Signature: „ Date: 3 t� D ` Title: Se-K ov A{'Sou-,, a�Gyr•e ��z � X Signed by Lead Agency ❑ Signed by Applicant Date received for filing at OPR: