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HomeMy Public PortalAbout20090923 - Agenda Packet - Board of Directors (BOD) - 09-26 f Midpeninsula Regional • ' Open Space District Meeting 09-26 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:00 p.m. Wednesday, September 23,2009 330 Distel Circle Los Altos, California AGENDA REGULAR MEETING 7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ** ORAL COMMUNICATIONS—PUBLIC ** ADOPTION OF AGENDA 7:10* CONSENT CALENDAR I Approve Minutes -None 2 Approve Revised Claims Report 3 Approve Written Communications—None 4 Approval of a Habitat Conservation Fund Grant Application for the Pond DR06 located within the Driscoll Ranch portion of La Honda Creek Open Space Preserve—J. Andersen 7:20* BOARD BUSINESS 5 Informational Report on the District's method for calculating stocking rates and rents charged on District grazed lands —C. Koopmann 6 Receive an Informational Report on the Proposed Cooley Landing Project from the City of East Palo Alto(City), Consider the Creation of an Ad Hoc Board Committee to Represent the District in Collaborating with the City through the Conceptual Design Process, and Authorize the General Manager to Spend Up to His Contractual Authority of$25,000 to Fund Necessary Consultant Services —T. Hugg INFORMATIONAL REPORTS— Written or oral 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. Meeting 09-25 Page 2 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. TOADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board q1' Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication,which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed om 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. Public records provided to a majority of the District's Board of Directors relating to an Agenda Item on the open session of a regular Board meeting will be made available for public inspection at the District's Administrative Office located at 330 Distel Circle, Los Altos,California 94022 during normal business hours. CERTIFICATION OF POSTING OF AGENDA 1,Anna Duong, Interim District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the September 23,2009 Regular Meeting of the MROSD Board of Directors was posted and available for review on September 18,2009 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 httr)://www.opensr)ace.org. Signed this 18th day of September 2009,at Los Altos,California, Interim District Clerk Date: 09/18/09 w t Claims No. 09-16 Meeting 09-26 Date 9/23/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11097 $25,304.72 Patsons Media Group Printing Services-Preserve Brochures/2008-2009 Annual Report/A Guide To Accessible Open Space/A Guide For Our Open Space Neighbors 11098 $12,964.21 Knapp Architects Alma College Conditions Assessment 11099 $11,036.25 BAGG Engineers Geotechnical Investigation&Berm Repair Design At La Honda Creek 11100 $5,235.00 Design Concepts Graphic Design Services-Fall Newsletter/Fall Outdoor Activities Calendar/Forms&Contracts With New Logo 11101 $4,725,00 Go Native District Wide Vegetation Management 11102 $4,030.00 Normal Data Consulting Services-Contact&Volunteer Database Development 11103 $3,959.97 Roy's Repair Service Vehicle Repairs&Service 11104 $3,337.48 Geocon Consultants Environmental&Geotechnical Consulting Services For Mindego Ranch Landfill 11105 $2,835,28 *1 First National Bank Conferences&Training Expenses-CALPELRA Conference/ Adobe Acrobat Training/Fire Training/California Special Districts Association Conference/League Of California Cities Conference 11106 $2,757.85 Gardenland Power Equipment Field Supplies/Brushcutter/Brushcutter Parts/Two Chainsaws/ Pole Pruner Repair 11107 $2,250.00 IEDA Quarterly Consulting Services-Labor Relations 11108 $2,245.11 Waste Management Hazardous Waste Disposal-Creosote Logs&Wood Removed From Skyline Ridge Parking Lot 11109 $2,075.00 Aaron's Septic Tank Service Pumping Services-RSA&Rental Residences 11110 $1,554.90 Roto-Rooter Plumbing Repairs-AO 11111 $1,465.05 Los Altos Garbage Company Garbage Service-AO&FFO/2 Debris Boxes-FFO 11112 $1,374.35 *2 Home Depot Field Supplies/Rapley Culvert Project Supplies/Lumber For Parker Ranch Trail/Plumbing Supplies/Lumber&Fencing Wire For Organizing FFO Yard/Tarps 11113 $1,311.00 Mortensen Design Design Services For New District Logo 11114 $1,204.72 *3 Costco Volunteer Recognition Event Supplies/Office Supplies For FFO, SFO&RSA 11115 $1,190.00 Heath Lukatch Reimbursement-Slender False Brome Treatment 11116 $1,180.96 *1 First National Bank Nature Center Supplies-16 Inductive Sensors&Brackets For Mural Repair Project 11117 $1,123.06 *1 First National Bank Field Supplies/Poison Oak Soap/Sunblock/Rakes/Flags For FFO 11118 $1,120.00 Tim Johnson Reimbursement-Slender False Brome Treatment 11119 $1,100.00 D&J Rooter Septic Tank Dig Out At Rental Residences 11120 $1,055.25 Reed&Graham Pipe,Plastic Sheeting&Sandbags For Rapley Culvert Project/ Straw Bales For Erosion Control At Fremont Older 11121 $998.25 Peckham&McKenney Recruitment-Assistant General Manager 11122 $995.48 Direct Marketing Solutions Mail House Services 11123 $946.05 Metro Mobile Communications Radio Equipment,Supplies&Repairs 11124 $943.78 *1 First National Bank Computer Expenses/Internet&Phone Servers-FFO 11125 $850.00 Office Team Office Temp-Receptionist/Administrative Clerk 11126 $827.50 Haro, Kasunich&Associates Geotechnical Evaluation&Grading Plan Preparation-Russian Ridge 11127 $770.00 Ron Haddix Reimbursement-Slender False Brome Treatment 11128 $741.73 *1 First National Bank Event Expenses-Staff Recognition Event Supplies/Britton Event Supplies 11129 $682.50 Normal Data Consulting Services-Citation Database Development&Support 11130 $657.50 Brownstein, Hyatt, Farber&Schreck Legal Services-Chiocchi Litigation 11131 $640.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System Page 1 of 3 r w Claims No. 09-16 Meeting 09-26 Date 9/23/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11132 $622.55 *1 First National Bank Office Supplies/Map&Blueprint Storage Rack/Folding Machine Repair/Chair 11133 $593.71 *1 First National Bank Uniform Expenses 11134 $586.95 *1 First National Bank Oven For Rental Residence 11135 $558.55 National Fire Fighter Corporation Web Gear For Fire Shelters 11136 $554.61 California Water Service Company Water Service-FFO 11137 $551.39 *1 First National Bank Volunteer Expenses-Name Badges/Volunteer Recognition Event Supplies 11138 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 11139 $525.00 Rich Seidner Reimbursement-Slender False Brome Treatment 11140 $513.88 Orchard Supply Hardware Field Supplies/Spray Paint/Cement/Light Reflectors/Carriage Bolts/Smoke Alarm For Rental Residence 11141 $476.65 *1 First National Bank Business Related Meals/Board Meetings 11142 $476.27 San Jose Water Company Water Service-RSA County Park 11143 $476.00 Cupertino Medical Group Employee Medical Services 11144 $453.22 CMK Automotive Vehicle Maintenance&Repairs 11145 $437.50 Lance Bayer Legal Services-Operations Department 11146 $405.00 Liebert Cassidy Whitmore Legal Services&Advice 11147 $348.92 Uline Pressure Treated Wood Storage Containers/Dollies 11148 $343.02 Madco Welding Equipment&Supplies 11149 $337.00 Del Rey Building Maintenance Janitorial Supplies-AO 11150 $279.43 Deluxe For Business Printing Services-Payroll Checks 11151 $275.14 Tires On The Go Tires 11152 $254.16 G&K Services Shop Towel Service 11153 $249.10 Fitzsimons, Renee Reimbursement-Volunteer Recognition Event&Nature Center Supplies 11154 $225.00 John Muir Laws Trainer/Presenter At Docent Quarterly Meeting 11155 $210.00 Rich Rollins Reimbursement-Slender False Brome Treatment 11156 $210.00 David Dubbs Reimbursement-Slender False Brome Treatment 11157 $183.00 Monster Mechanical HVAC Repairs-AO 11158 $173,27 Smith,Jeff Reimbursement-Bike Patrol Supplies 11159 $160,01 Allied Waste Services Garbage Service-Hosking Barn 11160 $160.00 Ergo Vera Ergonomic Evaluations 11161 $143.49 Protection One Door&Window Sensor/Fire Inspection&Monitoring-AO 11162 $141.45 Continuing Education Of The Bar legal Books 11163 $131.42 Cascade Fire Equipment Company Replacement Hose For Water Truck 11164 $105.00 Susan Kahn Reimbursement-Slender False Brome Treatment 11165 $100.00 Hooked On Nature Table Fee For MROSD Display At Richard Louv Event At Foothill College 11166 $92.86 AmeriGas Propane Tank Service-Hosking Barn 11167 $89.60 Peterson Tractor Hose For Mini Excavator 11168 $87.00 Downey Brand Attorneys Legal Services-Land Acquisition 11169 $81.60 West Payment Center Legal Research Fees 11170 $70.42 Big Creek Lumber Lumber For Purisima Creek Bridge 11171 $68.82 Cartridge World Printer Cartridges 11172 $60.64 Alhambra&Sierra Springs Water Dispenser-AO 11173 $49.16 Paterson, Loro Reimbursement-Uniform Expenses 11174 $39.90 *1 First National Bank Survey Monkey Monthly Subscription 11175 $35.09 Barron Park Supply Plumbing Supplies 11176 $33.39 CSK Auto Wiper Blades 11177 $25.25 Rayne Of San Jose Water Conditioning Service-Fremont Older Page 2 of 3 Claims No. 09-16 Meeting 09-26 Date 9/23/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11178 $25.00 County Of San Mateo Public Health Tick Testing Laboratory 11179 $20.00 Los Altos Town Crier Annual Subscription 11180 $5.50 Robert's Hardware Field Supplies 11181 R $22,267.88 Dell Financial Services 110 Phones For AO 11182 R $14,473.10 Santa Clara County Sheriffs Office 2 Months Patrol Services 11183 R $8,660.83 The Sign Shop District Vehicle Striping,Lettering And Graphics 11184 R $6,190.85 Hertz Equipment Rental Equipment Rental For Road Improvements&Culvert Installation On Various Roads In The Skyline Area 11185 R $5,000.00 North American Title Company Option Consideration&Deposit-Land Acquisition 11186 R $2,972.10 Tannerhecht Architecture Architecture Services For The AO Remodel Project-Construction &Bidding Documents 11187 R $2,682.96 Hsieh, Benny Three 48 Port Power Over Ethernet Switches 11188 R $2,387.85 Cascade Fire Equipment Company Seven Fire Shelters 11189 R $2,275.00 Normal Data Consulting Services-Contact&Volunteer Database Development 11190 R $1,542.00 *4 County Of San Mateo General Plan Conformity Fee-Potential Land Purchase 11191 R $1,421.00 Greg's Trucking Service Haul Away Creosote Logs From Skyline Ridge Lot 11192 R $1,285.47 Northgate Environmental Management Remedial Investigations&Design At Driscoll Ranch 11193 R $1,190.00 San Mateo County-Dept.Of Water Well Permit-Tunitas Creek Environmental Health 11194 R $875.00 Charles McDonald Reimbursement-Slender False Brome Treatment 11195 R $640.00 Office Team Office Temp-Receptionist 11196 R $534.92 Britt, Kristi Reimbursement-Craig Britton Dedication Event Supplies 11197 R $434.29 West Group Payment Legal Books&Publications 11198 R $295.72 ADT Security Services Alarm Service-FFO 11199 R $253.84 REI Uniform Expense 11200 R $250.00 Environmental Lead Detect Inspection Of Paint For Lead-Rental Residence 11201 R $250.00 Wendell Kerr Associates Appraisal Services 11202 R $209.75 Pete Siemens Reimbursement-Nature Center Expenses 11203 R $180.95 Sommer,Sandy Reimbursement-Mileage 11204 R $178.73 Green Waste Garbage Service-SFO 11205 R $159.30 Staples Office&Breakroom Supplies 11206 R $124.68 Petty Cash Parking&Mileage/Craig Britton Event Supplies/Car Wash/Drinks For Board Meeting 11207 R $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 11208 R $56.76 Pringle Tractor Coolant For Tractor 11209 R $33.99 McKibbin, Brennon Reimbursement-Fuel 11210 R $30.75 Examinetics Historical Data Import-41 Audiograms Total $195,016.75 *1 Urgent Check Issued 9/2/09 The total amount for First National Bank is$9,695.96 *2 Urgent Check Issued 9/14/09 *3 Urgent Check Issued 9/14/09 *4 Urgent Check Issued 9/22/09 Page 3 of 3 t 1 Claims No. 09-16 Meeting 09-26 Date 9/23/09 Midpeninsula Regional Open Space District # Amount Name Description 11097 $25,304.72 Patsons Media Group Printing Services-Preserve Brochures/2008-2009 Annual Report/A Guide To Accessible Open Space/A Guide For Our Open Space Neighbors 11098 $12,964.21 Knapp Architects Alma College Conditions Assessment 11099 $11,036.25 BAGG Engineers Geotechnical Investigation&Berm Repair Design At La Honda Creek 11100 $5,235.00 Design Concepts Graphic Design Services-Fall Newsletter/Fall Outdoor Activities Calendar/Forms&Contracts With New Logo 11101 $4,725.00 Go Native District Wide Vegetation Management 11102 $4,030.00 Normal Data Consulting Services-Contact&Volunteer Database Development 11103 $3,959.97 Roy's Repair Service Vehicle Repairs&Service 11104 $3,337.48 Geocon Consultants Environmental&Geotechnical Consulting Services For Mindego Ranch Landfill 11105 $2,835.28 "1 First National Bank Conferences&Training Expenses-CALPELRA Conference/ Adobe Acrobat Training/Fire Training/California Special Districts Association Conference/League Of California Cities Conference 11106 $2,757.85 Gardenland Power Equipment Field Supplies/Brushcutter/Brushcutter Parts/Two Chainsaws/ Pole Pruner Repair 11107 $2,250.00 IEDA Quarterly Consulting Services-Labor Relations 11108 $2,245.11 Waste Management Hazardous Waste Disposal-Creosote Logs&Wood Removed From Skyline Ridge Parking Lot 11109 $2,075.00 Aaron's Septic Tank Service Pumping Services-RSA&Rental Residences 11110 $1,554.90 Roto-Rooter Plumbing Repairs-AO 11111 $1,465.05 Los Altos Garbage Company Garbage Service-AO&FFO/2 Debris Boxes-FFO 11112 $1,374.35 *2 Home Depot Field Supplies/Rapley Culvert Project Supplies/Lumber For Parker Ranch Trail/Plumbing Supplies/Lumber&Fencing Wire For Organizing FFO Yard/Tarps 11113 $1,311.00 Mortensen Design Design Services For New District Logo 11114 $1,204.72 "3 Costco Volunteer Recognition Event Supplies/Office Supplies For FFO, SFO&RSA 11115 $1,190.00 Heath Lukatch Reimbursement-Slender False Brome Treatment 11116 $1,180.96 *1 First National Bank Nature Center Supplies-16 Inductive Sensors&Brackets For Mural Repair Project 11117 $1,123.06 `1 First National Bank Field Supplies/Poison Oak Soap/Sunblock/Rakes/Flags For FFO 11118 $1,120.00 Tim Johnson Reimbursement-Slender False Brome Treatment 11119 $1,100.00 D&J Rooter Septic Tank Dig Out At Rental Residences 11120 $1,055.25 Reed&Graham Pipe,Plastic Sheeting&Sandbags For Rapley Culvert Project/ Straw Bales For Erosion Control At Fremont Older 11121 $998.25 Peckham&McKenney Recruitment-Assistant General Manager 11122 $995.48 Direct Marketing Solutions Mail House Services 11123 $946.05 Metro Mobile Communications Radio Equipment, Supplies&Repairs 11124 $943.78 "1 First National Bank Computer Expenses/Internet&Phone Servers-FFO 11125 $850.00 Office Team Office Temp-Receptionist/Administrative Clerk 11126 $827.50 Haro, Kasunich&Associates Geotechnical Evaluation&Grading Plan Preparation-Russian Ridge 11127 $770.00 Ron Haddix Reimbursement-Slender False Brome Treatment 11128 $741.73 '1 First National Bank Event Expenses-Staff Recognition Event Supplies/Britton Event Supplies 11129 $682.50 Normal Data Consulting Services-Citation Database Development&Support 11130 $657.50 Brownstein, Hyatt, Farber&Schreck Legal Services-Chiocchi Litigation 11131 $640.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System Page 1 of 3 Claims No. 09-16 Meeting 09-26 Date 9/23/09 Midpeninsula Regional Open Space District # Amount Name Description 11132 $622.55 *1 First National Bank Office Supplies/Map&Blueprint Storage Rack/Folding Machine Repair/Chair 11133 $593.71 *1 First National Bank Uniform Expenses 11134 $586.95 *1 First National Bank Oven For Rental Residence 11135 $558.55 National Fire Fighter Corporation Web Gear For Fire Shelters 11136 $554.61 California Water Service Company Water Service-FFO 11137 $551.39 *1 First National Bank Volunteer Expenses-Name Badges/Volunteer Recognition Event Supplies 11138 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 11139 $525.00 Rich Seidner Reimbursement-Slender False Brome Treatment 11140 $513.88 Orchard Supply Hardware Field Supplies/Spray Paint/Cement/Light Reflectors/Carriage Bolts/Smoke Alarm For Rental Residence 11141 $476.65 *1 First National Bank Business Related Meals/Board Meetings 11142 $476.27 San Jose Water Company Water Service-RSA County Park 11143 $476.00 Cupertino Medical Group Employee Medical Services 11144 $453.22 CMK Automotive Vehicle Maintenance&Repairs 11145 $437.50 Lance Bayer Legal Services-Operations Department 11146 $405.00 Liebert Cassidy Whitmore Legal Services&Advice 11147 $348.92 Uline Pressure Treated Wood Storage Containers/Dollies 11148 $343.02 Madco Welding Equipment&Supplies 11149 $337.00 Del Rey Building Maintenance Janitorial Supplies-AO 11150 $279.43 Deluxe For Business Printing Services-Payroll Checks 11151 $275.14 Tires On The Go Tires 11152 $254,16 G&K Services Shop Towel Service 11153 $249.10 Fitzsimons, Renee Reimbursement-Volunteer Recognition Event&Nature Center Supplies 11154 $225.00 John Muir Laws Trainer/Presenter At Docent Quarterly Meeting 11155 $210.00 Rich Rollins Reimbursement-Slender False Brome Treatment 11156 $210.00 David Dubbs Reimbursement-Slender False Brome Treatment 11157 $183.00 Monster Mechanical HVAC Repairs-AO 11158 $173.27 Smith,Jeff Reimbursement-Bike Patrol Supplies 11159 $160.01 Allied Waste Services Garbage Service-Hosking Barn 11160 $160.00 Ergo Vera Ergonomic Evaluations 11161 $143.49 Protection One Door&Window Sensor/Fire Inspection&Monitoring-AO 11162 $141 A5 Continuing Education Of The Bar Legal Books 11163 $131.42 Cascade Fire Equipment Company Replacement Hose For Water Truck 11164 $105.00 Susan Kahn Reimbursement-Slender False Brome Treatment 11165 $100.00 Hooked On Nature Table Fee For MROSD Display At Richard Louv Event At Foothill College 11166 $92.86 AmeriGas Propane Tank Service-Hosking Barn 11167 $89.60 Peterson Tractor Hose For Mini Excavator 11168 $87.00 Downey Brand Attorneys Legal Services-Land Acquisition 11169 $81.60 West Payment Center Legal Research Fees 11170 $70A2 Big Creek Lumber Lumber For Purisima Creek Bridge 11171 $68.82 Cartridge World Printer Cartridges 11172 $60.64 Alhambra&Sierra Springs Water Dispenser-AO 11173 $49,16 Paterson, Loro Reimbursement-Uniform Expenses 11174 $39.90 *1 First National Bank Survey Monkey Monthly Subscription 11175 $35.09 Barron Park Supply Plumbing Supplies 11176 $33.39 CSK Auto Wiper Blades 11177 $25.25 Rayne Of San Jose Water Conditioning Service-Fremont Older Page 2 of 3 Claims No. 09-16 Y Meeting 09-26 Date 9/23/09 Midpeninsula Regional Open Space District # Amount Name Description 11178 $25.00 County Of San Mateo Public Health Tick Testing Laboratory 11179 $20.00 Los Altos Town Crier Annual Subscription 11180 $5.50 Robert's Hardware Field Supplies Total $118,081.03 *1 Urgent Check Issued 912/09 The total amount for First National Bank is$9,695.96 *2 Urgent Check Issued 9/14/09 *3 Urgent Check Issued 9/14/09 I Page 3 of 3 Midpeninsula Regional Open Space District R-09-108 Meeting 09-26 September 23, 2009 AGENDA ITEM 4 AGENDA ITEM Approval of a Habitat Conservation Fund Grant Application, Mitigated Negative Declaration, and Mitigation Monitoring Program for the Pond DR06 Repair Project located within the Driscoll Ranch area of La Honda Creek Open Space Preserve. GENERAL MANAGER'S RECOMMENDATIONS ]�w 1. Approve the Mitigated Negative Declaration, Mitigation Monitoring Program, and Notice of Determination in accordance with the California Environmental Quality Act (CEQA) for the Pond DR06 Repair Project located in the Driscoll Ranch area of La Honda Creek Open Space Preserve and adopt the CEQA findings set out in the attached Resolution. 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District approving a grant application for funds from the Habitat Conservation Fund for implementation of the Pond DR06 Repair Project. SUMMARY Pond DR06 is located within the former Wool Ranch in the Driscoll Ranch area of La Honda Creek Open Space Preserve. In February of 2009, staff observed active piping of water flowing through the pond berm causing damage to the earthen berm. In response, District staff has retained the services of a professional engineer to prepare pond repair plans and staff is working to secure necessary permits. The proposed repairs include: a new culvert, placement of an inlet structure and energy dissipater, installation of a clay liner, rebuilding the eroding earthen berm, recontouring the pond, removal of non-native vegetation, and post-construction reseeding. A grant in the amount of$43,000 is being sought from the Habitat Conservation Fund (HCF) to help cover 50% of the remaining construction costs. DISCUSSION The HCF is a statewide 50% matching grant program that provides $2 million annually under the California Wildlife Protection Act of 1990. The California Department of Parks and Recreation distributes grants to fund local agency projects for protection of fish, wildlife, and native plant resources, acquisition or development of wildlife corridors and trails, and nature interpretation R-09-108 Page 2 programs and other programs that bring urban residents into park and wildlife areas. The application deadline is October 1, 2009 with the selection of recipients generally made by February 2010. Matching funds must be provided by non-State funds. The HCF offers seven project eligibility categories, as listed below. Each agency can submit multiple project applications, but any one project can only be submitted in one of the eligible categories. I. Deer/Mountain Lion Habitat 2. Rare, Endangered, Threatened, or Fully Protected Species Habitat (for acquisition only) 3. Wetlands Habitat (for restoration) 4. Anadromous Salmonids/Anadromous Trout Habitat 5. Riparian Habitat 6. Trails 7. Program (events) District staff seeks to submit an application in the Wetlands Habitat category for $43,000 to help fund implementation of the remaining Pond DR06 Repair project tasks, which are expected to cost $86,000. This represents 50% of the remaining project costs, or the maximum proportion allowed by the program. Costs incurred to date and those incurred prior to award of the grant are not eligible for grant funding. Remaining project tasks that are eligible for grant funds include: contract administration, materials, construction, and monitoring. Project construction tasks include: • New outlet culvert to replace the existing earthen spillway • An energy dissipater at the end of the new outlet culvert • An inlet structure within the pond to direct storm water into the outlet culvert • A concrete footing at the existing earthen spillway to direct overflow storm water during large storm events • A clay liner in the pond to increase ponding duration • Rebuilding the eroded earthen berm to provide long-term berm stability • Pond recontouring to provide improved breeding habitat for California red-legged frog by creating shallow-water habitat beneficial for egg and tadpole development and deep water habitat as escape areas for mature frogs • Removal of non native vegetation • Revegetation of disturbed areas with native species after construction An FYI regarding the Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the project was sent to the Board on August 26, 2009. A Board Resolution approving the application for grant funds from the HCF Program and a Board-approved MND and Notice of Determination for the project is required prior to submittal of the grant application. Staff has completed the remaining items of the grant application packet in time for the October 1, 2009 deadline. FISCAL IMPACT To date, $11,906.24 has been spent out of$30,000 budgeted in FY2009-1 0 to pay for fees associated with geotechnical investigations, preliminary project design, and permitting. Approximating $24,500 is expected to be expended in the remaining portion of FY2009-1 0, resulting in the need for a mid year budget adjustment of approximately $6,500. The grand total project cost is estimated at $122,460, of which $86,000 are set aside for eligible grant-funded tasks including, construction, restoration, and monitoring The HCF program R-09-108 Page 3 requires a non-State, 50% funding match for eligible tasks. If HCF funds are secured, the remaining 50% (District's share) will be $43,000. Staff is currently working with both the US Fish and Wildlife Service and San Mateo County Resource Conservation District to seek additional funding to further reduce the District's final cost. PUBLIC NOTICE A copy of the Notice of Intent to Adopt the MND was provided to La Honda Creek Open Space Preserve interested parties, US Fish and Wildlife Service, California Department of Fish and Game, San Francisco Bay Regional Water Quality Control Board, and San Mateo County. The public and agency comment period for the project ended September 15, 2009. Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Project Description The project consists of a grant application submittal to the Habitat Conservation Fund Program for a matching grant to help fund implementation of the Pond DR06 repair project at La Honda Creek Open Space Preserve. The recommended CEQA action before the Board is the adoption of the Mitigated Negative Declaration and associated documents and findings for this project. The Board is not determining to implement the project by adopting the MND, but rather completing CEQA compliance. This project will be returned to the Board at a future time for approval to implement the project once the status of the HCF grant application is known. CEQA Determination A MND for the Pond DR06 repair project has been completed (see Attachment 4). The public and agency comment period ended on September 15, 2009. Mitigation measures identified in the CEQA document have been designed to mitigate potential negative effects to sensitive natural and cultural resources to a level of insignificance. Comments Received As of September 15, 2009, the District has received no comments concerning the Initial Study and MND. This completes the CEQA comment period for the project. Mitigation Monitoring Program In accordance with CEQA, the District has prepared a Mitigation Monitoring Program, which describes project-specific mitigation measures and monitoring process (see Attachment 5). The Mitigation Monitoring Program ensures that all adopted measures intended to mitigate potentially significant environmental impacts will be implemented. The project incorporates all of these mitigation measures. CEQA Findings The Board Findings required by CEQA to adopt the MND and the Mitigation Monitoring Program are set out in the attached Resolution(see Attachment 3). NEXT STEPS Should the Board approve the HCP grant application, staff would proceed with submitting the grant application, Resolution, and Notice of Determination to the HCF by October 1, 2009. Staff R-09-108 Page 4 will also continue to pursue additional grant funding opportunities to help further defray the total project cost. Staff anticipates returning to the Board for approval to implement the Pond DR06 repair project between January and June of 2010. Attachments: Al. Pond DR06 Location Map A2. Resolution of the Board of Directors Approving the Application for Grant Funding from the Habitat Conservation Fund A3. Resolution of the Board of Directors Adopting the Mitigated Declaration, the Mitigation Monitoring Program, and the CEQA Findings for the Driscoll Pond DR06 Repair Project A4. Mitigated Negative Declaration and Associated Document A5. Notice of Determination A6. Mitigation Monitoring Program Prepared by: Julie K. Andersen, Resource Planner I Contact person: Julie K. Andersen, Resource Planner I Kirk Lenington, Senior Resource Planner .: l�t'Sic�c�'nt Arli5ts � x IF n y %#tom .� ,L'l 1•V 1l: 'k, t , P — ^ I Come de s► r(1F'fTll'r WtlUl ' Ftan{•fi area v ` La HQfida *� Creek OS 11 Attachment 1. Pond DR06 Location Map RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the Habitat Conservation Fund (HCF) Program, setting up necessary procedures governing Project Application under the HCF Program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s)to the State; and WHEREAS the applicant will enter into a Contract with the State of California to complete the Proj ect(s); t NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application to the Habitat Conservation Fund Grant Program; and 2. Certifies that said Applicant has or will have available, prior to commencement of any work on the Project included in this Application, the required match and sufficient funds to complete the Project; and 3. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 4. Certifies that said Applicant shall prepare, with full public participation, a management plan for lands that have been acquired with HCF funds, which plan shall reasonably reduce possible conflicts with g nei hborin land use and landowners, including agriculturists; and neighboring 5. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and General Manager to conduct all negotiations, execute and submit all 6. Delegates the authority to the Ge g g documents, including, but not limited to, Applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the Project. 7. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Approved and Adopted the 23 d day of September, 2009. 1, the undersigned, hereby certify that the foregoing Resolution Number XX was duly adopted by the Board of Directors following a roll call vote: Ayes: Noes: Absent: Anna Duong Interim District Clerk RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING THE MITIGATED NEGATIVE DECLARATION, THE MITIGATION MONITORING PROGRAM, AND THE FINDINGS IN CONNECTION WITH THE PROPOSED DRISCOLL RANCH POND DR06 REPAIR PROJECT (LA HONDA CREEK OPEN SPACE PRESERVE) WHEREAS The Board of Directors of the Midpeninsula Regional Open Space District ("District") has reviewed the proposed Driscoll Ranch Pond DR06 Repair Project and all associated actions ("the Project") and has reviewed the Mitigated Negative Declaration ("MND") analyzing the environmental effects of the Project; NOW, THEREFORE, BE IT RESOLVED by the District Board of Directors that, based upon the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, all comments received, and all substantial evidence in light of the whole record presented, the Board of Directors finds that: 1. Notice of the availability of the Initial Study and Mitigated Negative Declaration and all hearings on the MND was given as required by law and the actions were conducted pursuant to California Environmental Quality Act (CEQA) and the CEQA Guidelines. 2. All interested parties desiring to comment on the MND were given the opportunity to submit oral and written comments on the adequacy of the MND prior to this action by the Board of Directors and all comments raised during the public comment period and at the public hearings on the MND were responded to adequately. 3. Prior to approving the Project that is the subject of the MND, the Board has considered the MND, along with all comments received during the public review process. 4. The MND finds potentially significant effects with respect to the impacts described below and the Board hereby finds that these effects will be mitigated or avoided by the changes made in the Project as described in the Initial Study and the MND. 5. The Board finds that, on the basis of the whole record before it, including the MND and all comments received, that there is no substantial evidence that the Project will have a significant effect on the environment in that, although the proposed Project could have significant effect on the environment, there will not be a significant effect in this case since Mitigation Measures have been made a part of the Project to avoid such effects. 6. The Board adopts the MND and determines that the MND reflects the District's independent judgment and analysis. 7. The Board adopts the attached Mitigation Monitoring Program and requires it to be implemented as part of the Project. 8. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are located at the offices of the General Manager of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California 94022. MITIGATED NEGATIVE DECLARATION Pond DR06 Repair La Honda Creek Open Space Preserve San Mateo County, CA I' �I i i I� i AUgust 25, 2009 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 650-691-1200 I i __ I Midpeninsula Regional Open Space District NEGATIVE DECLARATION A notice, pursuant to the California Environmental Quality Act of 1970, as arnended (Public Resources Code 21,000, et seq.) stating that the following project: "Pond DR06 Repair" when implemented, will not have a significant impact on the environment. PROJECT DESCRIPTION The Midpeninsula Regional Open Space District (District) is planning pond, berm and spillway improvements at a stock watering pond (pond DR06) located in the 5,759-acre La Honda Creek Open Space Preserve (LHCOSP) in San Mateo County, California (Refer to Figures I and 2). The purpose of the project is to: repair a failing earthen berm, prevent erosion and downstream sedimentation, improve California red-legged frog (Rana aurora draylonii) (CRLF) habitat, improve cattle access, and remove non-native plant species. The project site is an existing stock watering pond located on a seasonal drainage above Harrington Creek, a tributary to San Gregorio Creek. Vegetation at the site is highly disturbed due to a large number of invasive plant species primarily comprised of purple starthistle (Centaurea calcitrapa), and milk thistle (Silybum marianum). During a site visit conducted in February 2009, water was observed flowing through a rodent burrow at the top of the earthen berm resulting in erosion on the face of the berm. Emergency repairs involving excavation of the pond spillway to lower the pond water level below the point of berm failure and covering of the rodent hole by a tarp (held in place by sandbags piled behind the berm) were implemented in March 2009. The earthen berm if left unrepaired is not expected to survive another rainy season. Berm failure would result in a loss of the pond and an increase in downstream ! sediment. � In July of2O0g. geotechnical investigations and u topographic survey were completed for the project site. & � professional engineering Uun has prepared plans for berm repair and spillway and pond improvements that will � provide for more suitable breeding habitat for C8LF` a federally threatened and state species of special concern. � Currently the pond is used by CRLF, but dries too early for successful breeding ofthe frog. Pond improvements � will provide both mhu!|o* and deep water habitats that are expected to persist until the fiu0 can complete its � breeding cycle each year. Pond improvements include: placement of an adequately sized uu|vcd to replace the � eroding spillway and to reroute stonnvva1er buck into the drainage channel to avoid crossing the toe ofthe berm, placement of concrete footing in the existing spillway to allow for increased stonnwoterdiochurge during extremely � large storm events without causing erosion of the secondary out|ct or berm, placement of an inlet structure within the pond to convey y/onn water into the outlet uu)vert, placement of energy dissipater at ihc end of the outlet � � culvert, placement nfuclay liner in the pond to increase pondingdunUion. rebuilding the eroding earthen berm to � provide long term henn stuhi|ity, rrconioudng the pond to provide improved habitat for CRLP, removal of non � native vegetation and revegetatinn of disturbed areas after construction. Treatment of invasive plant species includes hand and mechanical removal to be completed by u qualified contractor and band crews. Disturbed areas will be reseeded with native plant species consistent with those in the Surrounding area. One riparian willow tree will bc removed to facilitate pond improvements. Willow removal will be replaced in kind by a3:| ratio. (Three willows replanted for one willow ncmovcd). The District retained Vo||murConsu\dng in 2007 to complete apond management plan for the former Wool Ranch � | portion ofthe iHCOSP. In 2008 and 2009, during the development ofthe pond management plan, formal habitat | uxaeyxmen$ and pond oun/cyu for threatened or endangered mpcdeu were conducted. During surveys three special atu\os species and/or suitable habitat for the species was observed. CRLF was observed at the project site. No Son 2 Francisco garter snake (Thamnophis sirtalis tetrataenia) (SFGS) individuals were observed within the former Wool Ranch or at the project site during survey and trapping efforts, however suitable habitat for the snake was observed. Western pond turtle (Actinemys marrnorata) (WPT) was observed at a nearby pond, however not at the project site. The final pond management plan compiled findings and provided recommended management actions to better protect threatened and endangered species and their habitat at the former Wool Ranch. Habitat improvements, including pond repair and spillway improvements at the project site, were identified having an "urgent" priority ahead of all other recommended actions identified in the plan. To aid in the implementation of the recommended actions identified in the pond management plan, a partnership with the United States Fish and Wildlife Service (USFWS) recovery program was developed. The USFWS recovery program works to protect species and restore habitat by providing guidance and technical assistance for implementation of recovery actions such as species monitoring, research, habitat improvements, and implementation of breeding programs for threatened and endangered species. The USFWS provided review of the pond management plan and provided information to implement the pond repair while protecting potentially affected species. Avoidance measures have been developed and use of heavy equipment adjacent to the pond/riparian habitat will be limited to dry periods of the year to better protect CRLF, SFGS and WPT and their primary habitat. A biological monitor will be required to be present on site during project construction to determine the presence of and to direct avoidance of threatened and endangered species. The short duration of the project, estimated at up to two weeks, will also reduce potential impacts to sensitive species. Best management practices (BMPs) previously approved by the California Department of Fish and Game (CDFG) and in use by the District for proper design and location of culverts, live staking of vegetation, and use of silt fencing will be implemented during project construction to avoid impacts such as debris plugging of the new culvert, erosion at the project site, or downstream sedimentation that can occur during project implementation in sensitive areas, such as a pond or associated seasonal drainage. A formal cultural resource survey was conducted to determine the presence of sensitive cultural resources at the project site. No cultural resources were observed. Because ground disturbance will primarily occur within a previously disturbed area (human made pond, berm, and spillway), it is unlikely that undiscovered resources exist at the site. However, if previously undiscovered resources are found during construction, work will halt at the project site until the significance of the resources can be determined by a qualified archeologist. Hazardous materials (vehicle fuel and lubricants) will be transported to and from the project site using public and Preserve roads. Contractors will follow all necessary regulations involved in the transportation and storage of hazardous materials. No public access is currently allowed to the project site and no access will be allowed during project construction. Although fires and smoking are prohibited on District lands, sparks or heat from construction equipment has the potential to ignite wildland fires. To avoid the potential for fire to occur, during periods of high fire danger, no vehicles having catalytic converters will be allowed off of established roadways. In the event of a fire, fire suppression tools including an"ABC" fire extinguisher and hand tools will be available on site and District Rangers trained in fire-fighting techniques will be available by radio to act as first responders. The District's radio and repeater system together with available ranger staff on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event of a wildland fire. A staging and parking area located adjacent to and below the project site will allow organized assembly of vehicles and equipment to ensure that Preserve roads and trails remain open to routine Ranger patrol and to allow for through access in the event of an emergency. 3 FINDINGS AND BASIS FOR NEGATIVE DECLARATION The Manager of the Planning Department of the Midpeninsula Regional Open Space District, based upon substantial evidence in the record, finds that: l. The mitigation measures, as listed below and incorporated into the project, are adequate to mitigate the environmental effects to a less than significant level. 2. The project will have no adverse affects on air quality, mineral resources, population and housing, utilities and service systems, or transportation/traffic because such impacts simply do not arise from the proposed project, given its minor nature and rural setting. 3. The project will not adversely affect aesthetics, land use or public services, geology & soils, hazards and hazardous materials, hydrology and water quality, noise,or recreation. 4. The project will not adversely affect biological resources and cultural resources, based on project-specific mitigations that reduce impacts to a less than significant level. 5. The project will not: • Create impacts that degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community(excepting the targeted invasive plant species), reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory,due to the project's scale and localized nature. • Create impacts that are individually limited, but cumulatively considerable, based on project-specific mitigations that reduce these impacts to a less than significant level. • Create environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly. Therefore,the Midpeninsula Regional Open Space District has determined that the project will have no significant effect on the environment. MITIGATION MEASURES INCORPORATED INTO THE PROJECT The biological resource mitigations identified below are discussed in section IV(a). Cultural resources mitigations identified below are discussed in section V(b). (BIO- 1)To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle, worker environmental awareness training will be conducted for all construction crews and contractors that will be accessing the site. The education training will be conducted prior to starting work on the project and upon the arrival of any new worker. The training will include a brief review of the California red-legged frog, San Francisco garter snake, and western pond turtle,their life history, field identification, habitat requirements for each species, location of sensitive areas, possible fines for violations, avoidance measures, and necessary actions if sensitive species are encountered. (11310-2)To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle, a biological monitor will be required to be present on site during all construction. The monitor will survey 4 parking areas, staged equipment, access routes, and the project area prior to the beginning of construction each day. The biological monitor will continue to survey the project throughout construction each day. (BIO-3)To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle,all project work must be completed during the dry season when the pond is dry and unsuitable for use by aquatic species. (BIO-4)If California red-legged frog, San Francisco garter snake or western pond turtle are encountered, no work shall occur until the frog, snake or turtle has left the area on its own, or until a qualified wildlife biologist is consulted and appropriate arrangements are made with United States Fish and Wildlife Service and the California Department of Fish and Game. (ARC-1) Implementation of the following measures would reduce potential impacts to cultural and historical resources, including buried and unknown archeological, and paleontological resources to a less-than significant level: • If any commonly recognized sensitive cultural resources such as human formed artifacts including projectile points,grinding stones, bowls, baskets, historic bottles, cans,or trash deposits are encountered during project construction, every reasonable effort shall be made to avoid the resources. Work shall stop within 100 feet of the object(s)and the contractor shall contact the District.No work shall resume within 100 feet until a qualified cultural and/or historical resources expert can assess the significance of the find. • A reasonable effort will be made by the District to avoid or minimize harm to the discovery until significance is determined and an appropriate treatment can be identified and implemented. Methods to protect finds include fencing and covering with protective material such as culturally sterile soil or plywood. • If vandalism is a threat, 24-hour security shall be provided. • Construction outside of the find location can continue during the significance evaluation period and while mitigation for cultural and/or historical resources is being carried out, only if a qualified cultural and/or historical resources expert is present onsite monitoring any additional subsurface excavations within 100 feet of the find. • If a resource cannot be avoided, a qualified cultural and/or historical resources expert will develop an appropriate Action Plan for treatment to minimize or mitigate the adverse effects. The District will not proceed with reconstruction activities within 100 feet of the find until the Action Plan has been reviewed and approved. • The treatment effort required to mitigate the inadvertent exposure of significant cultural and/or historical resources will be guided by a research design appropriate to the discovery and potential research data inherent in the resource in association with suitable field techniques and analytical strategies. The recovery effort will be detailed in a professional report in accordance with current professional standards. Any non- grave associated artifacts will be curated with an appropriate repository. • Project documents shall include a requirement that project personnel shall not collect cultural and/or historical resources encountered during construction. This measure is consistent with federal guideline 36 CFR 800.13(a)for invoking unanticipated discoveries. (ARC-2). If human remains are encountered, all work within 100 feet of the remains shall cease immediately and the contractor shall contact the District. The District will contact the San Mateo County Coroner to evaluate the remains, and follow the procedures and protocols set forth in §15064.5(e) of the CEQA Guidelines. No further disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has made a determination of origin and disposition, which shall be made within two working days from the time the Coroner is notified of the discovery, pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. If the remains are determined to be Native American,the Coroner will notify the Native American Heritage Commission(NAHC)within 24 hours, which will determine and notify the Most Likely Descendant(MLD). The MLD may recommend within 48 hours of their notification by the NAHC the means of treating or disposing of, with appropriate dignity,the human remains and grave goods. In the event of 5 difficulty locating a MLD or failure of the MLD to make a timely recommendation,the human remains and grave goods sliall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance. RESPONSIBLE AGENCY CONSULTATION The California Department of Fish and Game,United States Fish and Wildlife Service and San Ftancisco Bay Regional Water Quality Control Board have been notified of the project and a copy of this mitigated negative declaration is being submitted for review along with applicable permit applications frorn each of the agencies INITIAL STUDY A copy of the initial study is attached REVIEW PERIOD The Review Period begins on August 25,2009 and ends on September 15,2009. If you have any comments about the Negative Declaration or Initial Study, have information that should be included,and/or disagree with the findings of our study as set forth in the proposed Negative Declaration, please submit your comments in writing no later than 5 p.m, on September 15,2009 to Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos,CA 94022. CONTACT PARSON Julie K Andersen, Resource Planner, 650-691-1200 na Ruiz,Planning Manager Midpeninsula Regional Open Space District 6 Midpeninsula Regional Open Space District INITIAL STUDY Project title: DR06 Pond Repair Lead agency name and address: Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Contact person and phone number: Julie K. Andersen, 650 691-1200 Project location: The project is located south of Skyline Boulevard (Hwy 35) and west of La Honda Road (Hwy 84) within the former Wool Ranch portion of the La Honda Creek Open Space Preserve at Township 07 South, Range 04 West, Section 9. The preserve is located within unincorporated San Mateo County approximately 2 miles northwest of the community of La Honda. Project APN: 078-270-030 Project sponsor's name and address: Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 General plan designation: General Open Space Zoning: Resource Management Description of project: (Describe the whole action involved,including but not limited to later phases of the project,and any secondary,support,or off-site features necessary for its implementation. Attach additional sheets if necessary.) Repair pond, earthen berm and spillway to improve ponding duration for the benefit of the California red-legged frog and to increase the long term viability of the existing livestock pond. Additional project components include: removal of non native vegetation, improvement of cattle access to the pond, and prevention of erosion and downstream sedimentation. A parking and staging area will be located below the project area away from the pond. Transportation of hazardous materials will be completed by a qualified contractor, and fire suppression tools and trained staff will be available throughout project duration. Surrounding land uses and setting. Briefly describe the ro'ect's surroundings: The project is located in a rural area. The primary surrounding land uses are: agriculture, ranching, and rural residential. The project area is located within a portion of the Preserve which is managed for cattle and is not open to the public. Highway 84 is located along the eastern and southern edge of the Preserve boundary.North of the Preserve is the Djerassi Resident Artists, an internationally recognized resident artist program. To the southeast of the project area (about 2 miles) is the small community of La Honda(approximately 1500 residents). The La Honda Creek elementary school is located adjacent to the southeastern Preserve boundary. South of the Preserve is the Driscoll Ranch event center where an annual rodeo is held each year. 7 Other public agencies whose approval is required(e.g.,permits,financing approval,or participation agreement.) • United States Fish and Wildlife Service • California Department of Fish and Game • California Regional Water Quality Control Board • San Mateo County Document availability: All documents referenced in the Initial Study are available for review from 8:30 a.m. to 5:00 p.m. at the Mid peninsula Regional Open Space District office at the address listed above. Subsequent Actions: Upon General Manager or designee certification of this negative declaration, the following actions will occur: • Application and receipt of all required permits • Contract bid and approval • Pond, spillway and berm reconstruction • Revegetation 8 - ----------- Mid peninsula Regional O1Space District Preserves and Surrounding Lands w uaw +`;r� /� PnrA4fv nwuwl �x Ih„-,4r wahvJavl.I,�t In++f i � \ � .uxt auykmsl:4n+1s ,.Y`. y Mil t.C4.nwnSY,yb u6ew µ.r4,.., I I>—4—fIM4rvI"-1104l 1, .—M w:unnb"I W.1, I � � nN¢f ril?fx"4M.Nv �-`� I �.tif Ir luwrxlsn Ne"i I Carr `4 11 n fR M.I l I, uultnal✓rvn 57,fXq.x m.d I.ml u.Jb Iryrrm ..ip ••• 4 ':c fuxunn/Nlw 11.puw.enNWitwwt sn;ll:mq y •• alNhkrvY fN1ml 44hPlv*-14u4W'dIICk41 bRi1 Iv in rml' ' d Nw fury!"! mrlrtpoliOn gratin sn 4,c cr>,+mr '. Preserve Protect xr+M s,n w.rw ..a..r.v.,..�. Restore Educate Figure 1. Project vicinity, La Honda Creek Open Space Preserve 9 a _i. �e DRO) ,�, SL,Crri Vti1' . R.jrx•h Area 'An I N �D' La Fiona, Creek OS P 7� Figure 2. Pond DR06 location 10 ` ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors nhockedbelow would bc potentially affected bv this project, invn|vingu1 |eus one impact that is "Pu0unboUy Significant Impact" as in6iuuAoJ by the checklist on thc following pages. El Aesthetics Agriculture Resources El Air Quality [� [� �+ 8in|ogioo| Resources =� Cultural Resources �[� � Geology/Soils �l Bazu/doJi Hazardous Mm/orio|a 0 Rydrolngy/VYu\orQuu|iA/ Land Use/Planning 0 Mineral Resources Noise Population/Housing F] Public Services Recreation Tmnopurtution/TroOic Fl Dti|ihc»/8e/viccSy,,omo Mandatory Findings ofSignificance DETERMINATION: (To hc completed bvthe Lead Agency) Oil the basis of this initial evaluation: �l lfind that the proposed project CODL.DY4OTbuvousi&ni5cuo{of6ec(ontheonvi/onmcnt. undu NEGATIVE DECLARATION will be prepared I find that although the proposed project cou|dhuvcosignifiuuntcdeotonihecnvironmeut,ihermwi|| not bou significant effect in this case because revisions in the project huvcbeenmodcbyorugmcdto by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared,, F� [ find that the proposed pro'ect MAY have o significant effect on the�nvinoom�n�and all ENVIRONMENTAL IMPACT REPORT iorequired. E] I find that the proposed projectMAY have u "potentially significant impact" nr"potentially significant unless mitigated" impact mo thn environment, but at least one effect |)has been ud:quatu)yuno|yzudinmncur|iu/ douumentpumoun{Unupp|iuuh|c |cgu| otundorda,und2)huahccn addressed by mitigation measures based oil the ear her analysis as desci ibed oil attached sheets.. An BqViD0N&4EMTAC lK4P/\CT REPORT is required, but it must analyze only the effects that remain iobeaddressed, �l ) Mnd that although the proposed project could have usignificant effect oil tile environment, because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and(h)have been avoided or mitigated Pursuant � to that earlier BlBior NEGATIVE DECLARATION, including revisions 0rmitigation measures that � are imposed upon tile proposed project,nothing further is required, sigi-ratuk Date | | � ENVIRONMENTAL IMPACTS Less Than Significant Issues: Potentially with Less`than Significant Mitigation Significant I. AESTHETICS Impact Incorporation Impact No Impact Would theproject: a) Have a substantial adverse effect on a scenic vista? ❑ 0 b) Substantially damage scenic resources, including,but not El Q limited to,trees, rock outcroppings,and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality ❑ ❑ ❑ Q of the site and its surroundings? d) Create a new source of substantial light or glare which would ❑ ❑ ❑ adversely affect day or nighttime views in the area? Due to a site suitable design that is sensitive to the natural surroundings,the project will not have a substantial adverse effect on a scenic vista or degrade the existing visual character of the site or its surroundings. The site is not immediately adjacent to or within the viewshed of state scenic highway. All work will be completed during the day and materials used will not result in light or glare impacts durin, the dayor evening. Less Than Significant II.AGRICULTURE RESOURCES Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Convert Prime Farmland,Unique Farmland,or Farmland of ❑ 11 ❑ Q Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b) Conflict with existing zoning for agricultural use,or a ❑ ❑ 2 Williamson Act contract? c) Involve other changes in the existing environment which,due ❑ ❑ ❑ Q to their location or nature,could result in conversion of Farmland,to non-agricultural use? The project is not located on prime, unique or farmland of statewide importance, and does not conflict with a Williamson Act contract or the existing Resource Management zoning for the area. The existing agricultural land use of cattle ranching will not be impacted by project construction. As a result of pond improvements, cattle access to the pond and the availability of water is expected to improve. IIl. AIR QUALITY Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the follo ing determinations. Lxss Than i Significant Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Conflict with or obstruct implementation of the applicable ❑ ❑ Q air quality plan? b) Violate any air quality standard or contribute ❑ ❑ [,7J ❑ substantially to an existing or projected air quality violation? I I 12 Less Than s an I Significant III. AIR QUALITY(continued) Potentially with Less Than Significant Mitigation Significant Would the project: Impact Incor oration Impact No Impact c) Result in a cumulatively considerable net increase of any ❑ ❑ RI criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant El El El 0 concentrations? e) Create objectionable odors affecting a substantial number El ❑ ❑ of people? The project will not obstruct implementation of any applicable air quality management plans. Vehicle emissions and dust generated from project construction are considered less than significant due to the small scale of the project(less than 1 acre)and limited use of vehicles and equipment to implement the project. Vehicles and equipment will only be used for a short duration of time(estimated at less than two weeks). The impact from the few vehicles and equipment to implement the project is considered less than other construction projects likely to occur in the surrounding community such as road construction on Highway 84 or an individual home or subdivision construction in the community of La Honda.No significant impacts to air quality are expected as a result of the project. Due to the rural location of the project, no sensitive receptors are located within or adjacent to the project location. No objectionable odors are expected. Less Than Significant IV. BIOLOGICAL RESOURCES Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Have a substantial adverse effect,either directly or Q through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans, policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The Project will result in an improvement to the environment by repairing a failing earthen berm to reduce the potential for downstream sediment delivery, improving habitat for the California red-legged frog (CRLF), removing invasive plant species that displace native vegetation, and improving overall pond/berm and spillway design to reduce soil erosion. Impacts to special-status wildlife species potentially occurring at the project area can either be avoided or reduced to less than significant levels through project timing and incorporation of mitigation measures for the CRLF and San Francisco Garter Snake(SFGS). The project area is currently highly disturbed due to the large number of invasive plant species and intensive cattle use. Botanical surveys conducted by District staff did not reveal the presence of any special status plant species occurring at the project site. Special status animal species occur on or potentially near the project site; however the potential for them to be affected by the proposed project is considered low because work will be confined to the pond area, earthen berm and embankment during the dry season when aquatic species are not likely to be present. A literature search was conducted utilizing the California Natural Resources Database (CNDDB), which revealed that the project is located within proposed Critical Habitat for the California red- legged frog. This species is known to utilize the project site. During the wet season, CRLF utilize the pond. During the dry season CRLF disperse to upland vegetation locations. 13 Special-Status Animal Species Special-status animal species that occur, or have the potential to occur within or adjacent to the project area include: CRLF, SFGS, WPT, dusky footed woodrat, Coho salmon, and steelhead trout. Information on natural history, potential for occurrence, and potential impacts to the species that may be affected by this project are discussed in detail below. California red-legged frog(Rana aurora draytonii) The California red-legged frog(CRLF) is federally-listed as threatened and is designated as a California species of special concern. It is one of two subspecies of red-legged frog(Rana aurora)endemic to the Pacific Coast. The CRLF is distributed throughout 26 counties in California, but is most abundant in the San Francisco Bay Area. The northern red-legged frog(Rana aurora aurora)ranges from southern British Columbia,Canada south to northern Marin County. The project area is located within the United States Fish and Wildlife Service's proposed"SNM-2"critical habitat unit. If adopted, this revision would replace the currently designated CRLF critical habitat. This project does not result in negative impacts to existing CRLF critical habitat or proposed critical habitat. Because CRLF occupy the project area, avoidance and mitigation measures have been incorporated that will reduce the potential to affect this species to a less than significant level. With the implementation of these measures,the project is not expected to result in injury or mortality to the CRLF or in any adverse affects to its designated or proposed critical habitat. San Francisco garter snake (Thamnophis sirtalis tetrataenia) The San Francisco Garter Snake(SFGS) is federally and state-listed as endangered and is a fully protected species under Section 5050 of the California Fish and Game Code. An aquatic subspecies of the common garter snake and endemic to the San Francisco Bay Area, SFGS are distributed along the western San Francisco Peninsula from the southern San Francisco County border south to Waddell Lagoon south of Ano Nuevo and as far east as the Crystal Springs Reservoir Watershed. It often occurs with its primary prey species,the CRLF; however, it will opportunistically prey on a variety of species including other frogs,tadpoles, egg masses, newts, small fish, salamanders, reptiles, small mammals,birds and their eggs and several small invertebrates. Preferred habitat for SFGS is comprised of densely vegetated areas close to water where the snake can retreat when disturbed. The species often occurs near ponds, marshes, streams and other wetlands associated with cattails(Typha spp.), bulrushes(Amphiscirpus, Bolboschoenus, Isolepis, Schoenoplectus and Trichophorum spp.)and rushes (Juncus and Eleocharis spp.). Mating occurs shortly after they leave their winter retreats in May and females give birth to live young between June and September. Species may hibernate near the coastal areas in fossorial mammal burrows and other refuges, or remain active year-round, weather permitting. To date, no SFGS have been observed at the project site. Biological surveys conducted in 2006, 2008 and 2009 did not reveal the presence of SFGS at the project site. During additional trapping efforts conducted at the pond site during March and April 2008, no SFGS were observed. Although habitat at the project site is suitable for the SFGS,they are not assumed to be present (based on past survey data) until a confirmed observation occurs. However, mitigation measures have been incorporated into the project that will reduce the potential to affect this species to a less than significant level in the event that they are discovered. With the implementation of these measures,the project is not expected to result in harm, harrassment, injury, or mortality to the SFGS or adversely affect its potential habitat. 14 f Western Pond Turtle(Actinemys marmorata) The Western Pond 'Turtle(WPT) is a federal and state species of concern. Pond turtles are primarily aquatic, and are highly dependent on basking sites such as logs or sunny slopes for thermoregulation(Swaim, 2008). WPT range from northern Baja California north to the Puget Sound of Washington state. Although they spend much of their active time in water, nearby upland habitat is essential for female WPT to burrow and deposit eggs. WPT have been observed at the La Honda Creek Open Space Preserve,however they have never been observed at the project site. The nearest known ponds having WPT are located over I mile away. Due to the presence of WPT within the preserve, mitigation measures have been incorporated that will reduce the potential to affect the species to a less than significant level. With the implementation of these measures, the project is not expected to result in injury or mortality to the WPT or any adverse affects to its potential habitat. Impact 13I0-1: California red-legged frogs,occupy the project area,and could potentially be harmed or harassed by project implementation. Impact 13I0-2: Although San Francisco garter snake has not been observed at the project site,suitable habitat is present within the project area indicating that snakes may be present and in need of mitigation measures for avoidance. Impact 13I0-3: Western Pond Turtle are present within the Preserve over 1 mile away from the project area. Although unlikely,Western Pond Turtle could be potentially harmed or harassed by project implementation. Mitigations: (BIO- 1)To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle, worker environmental awareness training will be conducted for all construction crews and contractors that will be accessing the site. The education training will be conducted prior to starting work on the project and upon the arrival of any new worker. The training will include a brief review of the California red-legged frog, San Francisco garter snake, and western pond turtle,their life history, field identification, habitat requirements for each species, location of sensitive areas, possible fines for violations, avoidance measures, and necessary actions if sensitive species are encountered. (BIO-2)To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle,a biological monitor will be required to be present on site during all construction. The monitor will survey parking areas, staged equipment, access routes,and the project area prior to the beginning of construction each day. The biological monitor will continue to survey the project area throughout construction each day. (BIO-3)To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle,all project work must be completed during the dry season when the pond is dry and unsuitable for use by aquatic species. (BIO-4) If California red-legged frog, San Francisco garter snake or western pond turtle are encountered, no work shall occur until the frog, snake or turtle has left the area on its own, or until a qualified wildlife biologist is consulted, and appropriate arrangements are made with United States Fish and Wildlife Service and the California Department of Fish and Game. 15 San Francisco dusky-footed woodrat(Neotomafuscipes annectens) The San Francisco dusky-footed woodrat is a state species of concern. Woodrats are small mammals that build nests made of sticks,typically at the base of trees and shrubs. The species prefers forested habitat with a moderate canopy and brushy Understory, particularly on the upper banks of riparian forests or within poison-oak dominated shrublands. The dusky-footed woodrat is known to feed on a variety of woody plants, fungi, flowers and seeds. The project is located primarily in an open pasture area and pond site, which is not the preferred habitat for this species,and because no woodrat nests have been observed, no impact is anticipated. Coho salmon (Oncorhynchus kisutch) Coho salmon are federally and state listed as an endangered species. The species ranges from Santa Cruz County, northward to Alaska.Coho salmon in San Mateo County are included in the listings for the Central California Coast Evolutionarily Significant Unit(ESU). An ESU is based on genetic and regional climatic and habitat conditions that can be distinguished from other regions within the species range. Coho salmon are an anadromOLIS(ocean going)species that begin life in coastal streams during the rainy season. Eggs are deposited in stream gravels and fertilized. Small "fry"emerge from the gravels and then grow in the stream for their first year. Juvenile"smolts"out-migrate into the ocean during the spring and early summer and will typically spend two years at sea before returning to their natal stream to spawn and die. Coho salmon populations have dramatically decreased as a result of land use practices(timber harvesting, mining, agriculture, rural and urban development),water diversions, predation,and changing oceanic conditions. The proposed project is located above Harrington Creek, a tributary to San Gregorio Creek within the San Gregorio Creek watershed. The proposed project area is located on a seasonal stream; a natural barrier below the project area prevents fish from using the seasonal stream, so direct impacts to this species will not occur. Coho salmon prefer low gradient streams for spawning and rearing. It is estimated that potential Coho salmon habitat exists approximately two miles downstream based on stream topography and past CDFG inventories. Coho salmon Populations from San Gregorio Creek were depressed in the 1960's and are believed to have been lost from the watershed during the late 1970's and early 1980's. A few juvenile coho salmon were once again observed in the middle portion of the main stem of San Gregorio Creek in 2006, approximately seven miles downstream of the project area. No impacts to Coho salmon or their habitat will result due to the timing of the project (during the dry season) and use of Best Management Practices (BMPs) previously approved by the CDFG and in use by the District for proper design and location of culverts, live staking of vegetation, and use of silt fencing. Adherence to the BMPs will prevent erosion at the project site and downstream sedimentation that Could otherwise affect Coho Salmon. Berm and pond repair and removal of non native vegetation should reduce erosion at the project site, which will contribute to improved water quality downstream. 16 Steelhead trout(Oneorhynehus mykiss) Steelhead trout are an anadromous form of rainbow trout that spend part of their lives in the ocean before returning back to streams to spawn. Steelhead range from Alaska to Southern California. Steelhead trout are federally listed as threatened within the Central California Coast ESU, including San Mateo County. Steelhead are an anadromous(ocean going) species that begin life in San Mateo County coastal streams during the rainy season. Eggs are deposited in stream gravels and fertilized. Small "fry"emerge from the gravels and then grow in the stream typically for one to three years. Juvenile"smolts"out-migrate into the ocean during the spring and early summer where they spend between one and four years before returning to their natal stream to spawn. Unlike Coho salmon, Steelhead do not necessarily die after spawning, but may once again move back to the ocean and return again to spawn. Steelhead have been documented spawning in successive years,though rarely more than two. Steelhead populations have also significantly decreased within the region due to the same factors as noted above for Coho salmon. Steelhead can utilize steeper portions of the stream network than Coho salmon. However,the proposed project is located on a seasonal stream, where a natural barrier below the project area prevents fish from using the stream. Therefore, direct impacts to this species will not occur. Steelhead trout are currently known to inhabit Harrington Creek, below the proposed project area. Harrington Creek is a tributary to San Gregorio Creek. No significant direct or indirect impact to Steelhead habitat is expected as a result of project construction. Berm and pond repair and removal of non native vegetation should reduce erosion at the project site, which will contribute to improved water quality downstream. The potential for the proposed project to negatively impact this species is considered less than significant. Less Than Significant IV. BIOLOGICAL RESOURCES (continued) Potentially With Less Than Significant Mitigation Significant Would the project: Impact Incorporation Impact No Impact b) Have a substantial adverse effect on any riparian habitat ❑ ❑ Q ❑ or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected ❑ ❑ [.7� ❑ wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool, coastal,etc.)through direct removal,filling,hydrological interruption,or other means? Pond reconstruction will occur during the dry season and will not adversely affect riparian areas, sensitive natural communities, or wetlands. The project is designed to benefit these habitats by providing for long term integrity of the seasonal pond through berm repair, pond recontouring and spillway improvements. Habitat for sensitive species will actually be increased due to recontouring of the pond to increase shallow bench habitat for breeding CRLF and the addition of a clay layer to increase pending duration. Culvert installation and spillway improvements will continue to allow water to flow beyond the pond during large storm events without undermining the integrity of the berm. Pond improvements will provide improved habitat for sensitive species and a longer ponding season than is currently experienced at the project site. 17 Less Than Significant IV. BIOLOGICAL RESOURCES (continued) Potentially With Less Than Significant Mitigation Significant Would the project: Impact Incorporation Impact No Impact d) Interfere substantially with the movement of any native ❑ ❑ ❑ Q resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? The proposed project is located on a seasonally intermittent channel above the limits of anadromy, and no fish are present.Native and migratory fish populations are currently known to inhabit Harrington Creek, below the proposed project area. Harrington Creek is a tributary to San Gregorio Creek. Project improvements are expected to improve water quality leaving the project site and water quality downstream from the pr ject site. e) Conflict with any local policies or ordinances protecting ❑ ❑ ❑ 2 biological resources,such as a tree preservation policy or ordinance? The project will not conflict with local policies or ordinances protecting biological resources. Tree removal at the project site is exempt from local heritage and significant tree ordinances. Removed willow trees will be replaced at a 3:1 ratio. (Three new willow trees planted for every tree removed). f) Conflict with the provisions of an adopted Habitat ❑ ❑ ❑ [.7� Conservation Plan,Natural Community Conservation Plan,or other approved local, regional, or state habitat conservationplan? No habitat conservation plan, community conservation plan or local,regional, or state habitat conservation plan has been developed for this area. This project is consistent with a pond management plan developed for the area by Vollmar Consulting and approved for use by the District and the USFWS in 2009. Less Than Significant V. CULTURAL RESOURCES Potentially with Less Than Significant Mitigation Significant Would the project: Impact Incorporation Impact No Impact a) Cause a substantial adverse change in the significance of a ❑ ❑ 0 ❑ historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of ❑ ❑ Q ❑ an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ❑ ❑ Q ❑ resource or site or unique geologic feature? d) Disturb any human remains, including those interred ❑ ❑ Q ❑ outside of formal cemeteries? Although one known Native American site(a grinding rock)is located within the Preserve (outside of the project area),no archaeological or paleontological resources were observed during a cultural resources survey conducted by qualified District archaeology staff at the project site. Although the possibility of subsurface cultural resources exists,because the area was previously disturbed during initial pond construction,ground disturbance at the project site is unlikely to yield any undiscovered archaeological or paleontological resources. Impact ARC-1, ARC-2: Although impacts to cultural resources are unlikely due to previous construction at the site, ground disturbance associated with reconstruction may expose undiscovered subsurface archaeological or paleontological features. In order to prevent disturbance to undiscovered cultural resources,the following mitigation measures are recommended. 18 Mitigations: (ARC-1)Implementation of the following measures would reduce potential impacts to cultural and historical resources, including buried and unknown archeological, and paleontological resources to a less-than significant level: • If any commonly recognized sensitive cultural resources such as human formed artifacts including projectile points, grinding stones, bowls, baskets, historic bottles,cans, or trash deposits are encountered during project construction, every reasonable effort shall be made to avoid the resources. Work shall stop within 100 feet of the object(s)and the contractor shall contact the District. No work shall resume within 100 feet until a qualified cultural and/or historical resources expert can assess the significance of the find. • A reasonable effort will be made by the District to avoid or minimize harm to the discovery until significance is determined and an appropriate treatment can be identified and implemented. Methods to protect finds include fencing and covering with protective material such as culturally sterile soil or plywood. • If vandalism is a threat,24-hour security shall be provided. • Construction outside of the find location can continue during the significance evaluation period and while mitigation for cultural and/or historical resources is being carried out, only if a qualified cultural and/or historical resources expert is present onsite monitoring any additional subsurface excavations within 100 feet of the find. • If a resource cannot be avoided, a qualified cultural and/or historical resources expert will develop an appropriate Action Plan for treatment to minimize or mitigate the adverse effects. The District will not proceed with reconstruction activities within 100 feet of the find until the Action Plan has been reviewed and approved. • The treatment effort required to mitigate the inadvertent exposure of significant cultural and/or historical resources will be guided by a research design appropriate to the discovery and potential research data inherent in the resource in association with suitable field techniques and analytical strategies. The recovery effort will be detailed in a professional report in accordance with current professional standards. Any non-grave associated artifacts will be curated with an appropriate repository. • Project documents shall include a requirement that project personnel shall not collect cultural and/or historical resources encountered during construction. This measure is consistent with federal guideline 36 CFR 800.13(a)for invoking unanticipated discoveries. (ARC-2). If human remains are encountered, all work within 100 feet of the remains shall cease immediately and the contractor shall contact the District. The District will contact the San Mateo County Coroner to evaluate the remains, and follow the procedures and protocols set forth in §15064.5(e)of the CEQA Guidelines.No further disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has made a determination of origin and disposition, which shall be made within two working days from the time the Coroner is notified of the discovery,pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. If the remains are determined to be Native American,the Coroner will notify the Native American Heritage Commission(NAHC)within 24 hours,which will determine and notify the Most Likely Descendant(MLD). The MLD may recommend within 48 hours of their notification by the NAHC the means of treating or disposing of, with appropriate dignity,the human remains and grave goods. In the event of difficulty locating a MLD or failure of the MLD to make a timely recommendation, the human remains and grave goods shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance. 19 Less Than Significant VL GEOLOGY AND SOILS Potentially with Less Than Significant Mitigation Significant Would the project: Imact Incorporation Impact No Impact a) Expose people or structures to potential substantial ❑ ❑ Q ❑ adverse effects,including the risk of loss, injury,or death involving: i) Rupture of a known earthquake fault,as delineated ❑ ❑ 2 ❑ on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ [I ❑ iii)Seism ic-related ground failure, including ❑ ❑ C✓( ❑ liquefaction? iv)Landslides? ❑ ❑ @( ❑ According to the California Geologic Survey,the project location has not been mapped for fault zones by the California Geological Survey under the Alquist-Priolo Earthquake Fault Zoning Act. However,the larger area surrounding the project site has been mapped on the Mindego Hill, Woodside, and Franklin Point Seismic Hazard Zones Quadrangle maps. These maps indicate"areas where previous occurrence of landslide movement, or local topographic, geologic, geotechnical and subsurface water conditions indicate a potential for permanent ground displacements." Although ground displacements may occur on surrounding lands,the project is actually designed to improve the condition of the existing earthen berm to prevent it from failing during such an event. Major active faults in the vicinity of the project area are the San Andreas and San Gregorio faults,which are located approximately 4 miles northeast and 6 miles southwest, respectively. Minor faults that may possibly be active include the La Honda fault extending approximately 0.5 miles south of the community of La Honda northwest toward highway 92 and the Woodhaven fault approximately 2 miles north of the project area trending northwest(Brady 2004). Although there is the potential for on-site fault rupture or severe ground shaking during a large magnitude earthquake. These risks are considered negligible and highly unlikely in the project area during project construction. Project design and a project location in an unpopulated setting having no overhead hazards, and where no new roads, trails or structures are proposed will prevent exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death from rupture of a known earthquake fault. According to the Association of Bay Area Governments online liquefaction map, and San Mateo County Hazard and Mitigation maps,the project area has a very low potential to experience liquefaction. Although the proposed project is located in an area where landslides may occur,the project is not expected to increase the potential for landslides. Reconstruction of the failing earthen berm is designed to reduce the possibility of future slumping of material into the drainage channel below. A qualified Certified Engineering Geologist was retained to design the pond reconstruction. Cut, fill, and grading of material will be implemented in a manner to avoid the potential for landslide. Work will be conducted during the dry season to reduce the -possibility of.a rain driven landslide event. 20 Less Than Significant VI. GEOLOGY AND SOILS(continued) Potentially with Less Than Would the project: Significant Mitigation Significant Impact Incorporation Impact No Impact b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ LJ( ❑ c) Be located on a geologic unit or soil that is unstable,or ❑ ❑ [7J ❑ that would become unstable as a result of the project,and potentially result in on-or off-site landslide, lateral spreading,subsidence, liquefaction or collapse? d) Be located on expansive soil,as defined in Table 18-1-B of ❑ ❑ Q ❑ the Uniform Building Code(1994),creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of ❑ ❑ septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? All work will occur within the immediate area surrounding the existing pond, berm and spillway. Repair plans and specifications have been prepared by a professional engineer to avoid soil erosion. A revegetation plan, using native plants will be developed to prevent erosion of any disturbed soils. Berm and spillway improvements have been designed to reduce erosion caused by concentrated cattle usage by improving cattle access through the area. Work will be conducted during the dry season to reduce the potential for soil erosion or downstream movement during the rainy season. BMPs previously approved by the CDFG and in use by the District for proper design and location of culverts, live staking of vegetation,and use of silt fencing will also be employed to reduce the potential for soil erosion or loss of topsoil. The project is not located on a geologic unit or soil that is unstable, expansive or located on landslide, lateral spreading, subsidence, liquefaction or collapse prone soils. Primary soils at the site are Sweeney Mindego Laughlin and Santa Lucia Lobitos Gazos sandy to clay loams.No septic tanks or alternative waste water disposal systems will be installed as part of the project. Less Than Significant VII. HAZARDS AND HAZARDOUS MATERIALS Potentially with Less Than Significant Mitigation Significant Would the project: Impact Incorporation Impact No Impact a) Create a significant hazard to the public or the ❑ ❑ ❑ 0 environment through the routine transport, use,or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ .[� ❑ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely ❑ ❑ Q hazardous materials,substances,or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of ❑ ❑ ❑ 2 hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ❑ ❑ ❑ 2 where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? 21 VII. HAZARDS AND HAZARDOUS MATERIALS Less Than Significant (continued) Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact f) For a project within the vicinity of a private airstrip, [� would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an ❑ [� adopted emergency response plan or emergency evacuationplan? h) Expose people or structures to a significant risk of loss, 0 injury or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Hazardous materials (vehicle fuel and lubricants)will be transported to and from the project site using public and Preserve roads. Contractors will follow all necessary regulations involved in the transportation and storage of hazardous materials. No public access is currently allowed to the project site and will not be allowed during project construction. In the event an unintended spill or other hazardous material incident occurs, District Rangers trained in first aid will be available as first responders to potential emergencies,until a hazardous materials team can arrive. The District's radio and repeater system together with ranger and staff availability on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event of a hazardous materials emergency. The nearest neighbors adjacent to the project area are greater than 1 mile away. Due to the rural character of their property, and the distance to neighboring structures, adjoining landowners will not be affected by hazardous materials involved with the project. Vehicle emissions and dust generated from project construction are considered less than significant because due to the small scale of the project(less than 1 acre). Moreover, few vehicles and equipment will be required to implement project construction and will only be used for a short duration of time(estimated at less than two weeks). The impact from construction vehicles and equipment is considered less as compared to other construction projects likely to occur in the surrounding community such as road construction on Highway 84 or an individual home or subdivision construction in the community of La Honda.No significant impacts to air quality are expected as a result of the project. Due to the rural location of the project, no sensitive receptors, including schools, are located within one quarter mile of the project location. The project is not located on a known hazardous materials site, or within an area affected by an airport land use plan, within two miles of an airport, or within the vicinity of a private airstrip. Project implementation will not interfere with any emergency response plans, or evacuation plan. According to the California Department of Forestry and Fire Protection,the project area is located in a moderate fire hazard zone, based on vegetation type(fuel loading), slope and weather. This designation notwithstanding, the project would not change the degree of exposure to wildfires. Equipment operation has the potential to ignite fires;however adequate fire suppression tools including an"ABC"fire extinguisher and hand tools will be required on site during the project to extinguish any accidental ignitions. During periods of high fire danger, no vehicles having catalytic converters shall be allowed off of established roadways. In addition, District Ordinance 93-1, Section 404, prohibits fires and smoking on District lands. District Rangers trained in fire-fighting techniques and carrying fire suppression equipment regularly patrol the Preserve. District staff are often first responders to fire emergencies, with the primary fire protection falling to the California Department of Forestry, County Fire Departments, and municipal fire protection agencies. The District's radio and repeater system together with ranger patrols and staff on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event of a wildland fire or emergency response call. The short duration of the project and on site fire suppression capabilities reduce this potential impact to less than —significant. 22 Less Than Significant VIII. HYDROLOGY AND WATER QUALITY Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Violate any water quality standards or waste discharge ❑ ❑ ❑ [✓1 requirements? b) Substantially deplete groundwater supplies or interfere ❑ ❑ 0 ❑ substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site ❑ ❑ 0 ❑ or area, including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site ❑ ❑ P ❑ or area, including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the ❑ ❑ ❑ 0 capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ El g)Place housing within a 100-year flood hazard area as ❑ ❑ ❑ Q mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ ❑ 0 ❑ which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, ❑ ❑ Q El injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche,tsunami,or mudflow? ❑ ❑ ❑ R I i 23 The project is designed to repair a failing earthen berm. The berm is located at Pond DR06, a stock watering pond located on a seasonal drainage above Harrington Creek to the northwest of the Town of La Honda. Harrington Creek is a tributary to the impaired San Gregorio Creek. San Gregorio Creek is impaired because of high coliform count and sedimentation/siltation (San Francisco Bay Regional Water Quality Control Board, 2003). Implementation of the project will prevent violation of water quality standards or waste discharge requirements that could result if the earthen berm is allowed to fail. Contact has been made with the Regional Water Quality Control Board to apprise them of the project and continued coordination with them is expected issuance of a ermit for project construction. The project is designed to prevent failure of the earthen prior to pp p J P J g berm to reduce the potential for soil erosion and downstream sedimentation that would result in negative water quality impacts. Although no streams or rivers will be altered,the pond will be reconfigured to increase ponding duration. Placement of the new culvert will return water to the seasonal drainage immediately below the earthen berm instead of first crossing the toe of the berm, resulting in increased berm stability.No depletion in groundwater or recharge is expected to occur, although longer ponding duration may result in a slower recharge locally at the pond site. Pond, berm and spillway improvements are designed to reduce erosion and the amount of siltation being transported downstream from the project location. BMPs previously approved by CDFG and in use by the District for proper design and location of culverts, live staking of vegetation, and use of silt fencing will be implemented during project construction to avoid impacts to water quality and hydrology that could otherwise result. Repair of the failing berm will reduce the potential for downstream flooding. To avoid potential runoff from occurring at the project site, all project work will be completed during the dry season and any disturbed soil will be revegetated with native plants prior to the rainy season to reduce the potential for sediment transport and run off to enter waterways. The pond is used for stock watering purposes and not human consumption so no existing stormwater drainage system is in place other than an existing earthen spillway that allows water during storm events to flow past the earthen berm and into the seasonal drainage channel below. No housing is associated with the project, and no housing will be placed in the 100 year floodplain as a result of the project. Due to the project location, no risk of inundation from seiche,tsunami or mudflow is expected to occur. Due to the small size of the pond, and remote location,there is no significant risk of human injury or death from downstream flooding. Any downstream sediment or water inundation would dissipate locally within the Preserve before reaching a populated area or public road system. Due to the project's remote location, implementation of District BMPs to prevent erosion and downstream sedimentation, project timing(immediately prior to or during the dry season), project design by a professional engineer, and implementation of a revegetation plan, less than significant impacts are expected to hydrology and water quality at the project site and downstream of the project area. III 24 Less Than Significant IX. LAND USE AND PLANNING Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Physically divide an established community? ❑ 11 2 b) Conflict with any applicable land use plan,policy,or El 11 Q regulation of an agency with jurisdiction over the project (including,but not limited to the general plan,specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or El 13 11 2 natural community conservationplan? The project is located in a rural setting and does not physically divide an established community. The project is consistent with the San Mateo County General Plan in that the Preserve is designated General Open Space and Agricultural/Grazing Lands. The agricultural/grazing designation allows for cattle grazing. Therefore, current and future use of the land for cattle usage remains consistent with San Mateo County's General Plan. The project area is consistent with the San Mateo County Zoning Regulation in that the Preserve is on land zoned Resource Management(RM). Within the RM Zone, agriculture, livestock raising and grazing, and public recreation are permitted uses. The proposed project complies with all environmental quality criteria identified within the Zoning Regulations for the RM zone including, water resources, cultural resources, primary scenic resources areas,fish and wildlife habitat and all environmental regulations for emissions of air pollutants, introduction of noxious odors, noise levels, changes in vegetation cover,erosion control, and effects to wildlife resources. The proposed project is considered a compatible use within the RM zone, because it will not result in new development and will not impact the existing cattle grazing operation. Resource protection activities, such as habitat restoration, invasive weed management, erosion control, and watershed protection,when implemented to enhance wildlife habitat and to improve grazing opportunities do not conflict with the San Mateo County General Plan or Zoning Regulations for the RM zone.No applicable habitat conservation plan or natural community conservation plan is in place for the project location. Less Than Significant X. MINERAL RESOURCES Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Result in the loss of availability of a known mineral El ❑ Q resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important [� mineral resource recovery site delineated on a local general plan,specific plan or other land use Ian? No mineral resources locally important or of value to the region are designated on local general or land use plans or are known to occur at the project site. 25 I Less Than Significant XI. NOISE Potentially with Less Than Significant Mitigation Significant Would the project result in: Impact Incor oration Impact No Impact a) Exposure of persons to or generation of noise levels in ❑ ❑ Q ❑ excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ El ❑ Q roundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels ❑ Q in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient ❑ ❑ © ❑ noise levels in the project vicinity above levels existing without theproject? e) For a project located within an airport land use plan or, ❑ ❑ ❑ where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ❑ ❑ ❑ 0 would the project expose people residing or working in the project area to excessive noise levels? According to the San Mateo County General Plan Noise Element, significant noise impacts occur when the noise levels are equal to or above 60 Community Noise Equivalent Level (CNEL). Exterior noise exposure levels of 70 CNEL or greater are considered significant for residential developments according to the State of California. Within the Preserve, current ambient noise levels are well under 60 CNEL.Noise-generating activities such as driving of vehicles to the project area, and operation of vehicles and equipment would occur during daytime hours within the remote setting of the Preserve,well removed from nearby residences. Groundborne vibration and groundborne noise levels will be confined to the project site.No persons are located immediately adjacent to the project site, so there will be no impact. No permanent increase in ambient noise levels will occur. During project implementation vehicles and equipment will generate temporary increases in noise levels. However, given that project work will occur in a remote portion of the La Honda Creek Open Space Preserve that is currently closed to public use,the temporary, short-term increase in noise will result in a less than significant impact. The project is not located within an airport land use plan or within two miles of an airport or private airstrip. Less Than Significant XII. POPULATION AND HOUSING Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact '..... a) Induce substantial population growth in an area,either ❑ ❑ ❑ 0 directly(for example, by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ❑ ❑ ❑ [.� necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people,necessitating the ❑ ❑ ❑ 0 construction of replacement housing elsewhere? 26 The project is a pond repair project and will not result in population growth, displacement of homes or people. Less Than Significant Potentially with Less Than Significant Mitigation Significant XIII.PUBLIC SERVICES Impact Incorporation Impact No Impact a) Would the project result in substantial adverse physical ❑ ❑ 0 impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: b) Fire protection?Police protection? Schools?Parks? Other ❑ ❑ ❑ Q public facilities? The project is a pond repair project and will not require the need for new or physically altered government or public facilities(including schools and parks),or additional fire orpolice protection Less Than Significant Potentially with Less Than Significant Mitigation Significant XIV. RECREATION Impact Incorporation Impact No Impact a) Would the project increase the use of existing ❑ ❑ ❑ Q neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require ❑ ❑ ❑ 10 the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The project area is currently closed to public access and recreational use. Pond repair will not result in a change in this status. Less Than Significant XV. TRANSPORTATION/TRAFFIC Potentially with I.essThan Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Cause an increase in traffic which is substantial in ❑ ❑ [� ❑ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b) Exceed,either individually or cumulatively,a level of ❑ ❑ ❑ Q service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either ❑ ❑ ❑ Q an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ❑ ❑ ❑ [� (e.g.,sharp curves or dangerous intersections)or incompatible uses (e.g.,farm equipment)? 27 r Less Than Significant XV. TRANSPORTATION/TRAFFIC(continued) Potentially with Less Than Significant Mitigation Significant Would the project: Impact Incorporation Impact No Impact e) Result in inadequate emergency access? ❑ ❑ ❑ Q f) Result in inadequate parking capacity? ❑ ❑ Q ❑ g) Conflict with adopted policies,plans,or programs ❑ ❑ ❑ Q supporting alternative transportation (e.g.,bus turnouts, bicycle racks)? Due to the small scale and short duration of the project(approximately 2 weeks), only a few additional vehicles will be traveling on the roads to and from the project site. The number of vehicles and trips to the site are not expected to increase traffic to the surrounding area any more than occurrence of a similar small scale single event(such as a cattle roundup, school field trip, private party, or other local events). No change in aircraft patterns is expected as a result of the project. A staging and parking area located adjacent to and below the project site will allow organized assembly of vehicles and equipment to ensure that Preserve roads and trails remain open to routine Ranger patrol and to allow for through access in the event of an emergency. The project does not conflict with any adopted plans or programs supporting alternative transportation. XVI. UTILITIES AND SERVICE SYSTEMS Less Than Significant Would the project: Potentially with Less Than + Significant Mitigation Significant Impact Incorporation Impact No Impact a) Exceed wastewater treatment requirements of the ❑ ❑ [� ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ❑ ❑ ❑ 0 wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ❑ ❑ Q ❑ drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ❑ ❑ ❑ Q project from existing entitlements and resources,or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ❑ ❑ ❑ Q provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? f) Be served by a landfill with sufficient permitted capacity ❑ ❑ ❑ to accommodate the ro'ect's solid waste disposal needs? g) Comply with federal,state,and local statutes and ❑ ❑ 0 regulations related to solid waste? 28 The San Francisco Bay Regional Water Quality Control Board has been informed of the project. The project involves stock watering pond, berm and spillway improvements only and will not exceed wastewater treatment requirements or require construction or expansion of a new wastewater treatment facility. Culvert installation and spillway improvements associated with berm and pond repair have been designed by a Professional Engineer using information gathered from an onsite geotechnical and topographical survey in order to prevent negative environmental effects. The improved pond and spillway will be adequately sized to better accommodate storm water drainage. No new or expanded entitlements are needed, no wastewater treatment or landfills or solid waste is associated with the project site. Less Than Significant Potentially with Less Than Significant Mitigation Significant XVII. MANDATORY FINDINGS OF SIGNIFICANCE Impact Incorporation Impact No Im coact a) Does the project have the potential to degrade the quality ❑ ❑ Q ❑ of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The purpose of the project is to improve habitat for the CRLF and continue to provide cattle access to the pond while reducing the potential for erosion and removing non-native species. Implementation of mitigation measures will prevent substantial impacts to native fish, wildlife, and rare plants species and their habitats. Adhering to mitigation measures will prevent impacts to cultural, historical and paleontological resources that may represent important periods of California history or prehistor . b) Does the project have impacts that are individually ❑ ❑ Q ❑ limited, but cumulatively considerable? {"Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects,and the effects of probable future projects)? Analysis of cumulative impacts identifies existing and possible future projects that may produce related impacts, and then examines how the proposed project and these possible future open space management actions may combine to act cumulatively. Pond improvements are expected to result in successful breeding of California red- legged frog,which may result in an increase in the local frog population. Prey species for the frog may experience a decline until population dynamics stabilize. An increase in predators of the frog may also occur as frog food supply increases. These cumulative impacts are expected to stabilize over time and will have a less than significant impact to the environment. Positive impacts from the project will result in longer ponding duration at the project site and an increase in shallow bench habitat allowing for additional pond vegetation and breeding sites for CRLF. Improved berm stability and spillway repair will provide for a longer term viability of the earthen berm resulting in improved water resources for aquatic species as well as longer water availability for cattle. Integrity of the pond will prevent downstream sediment discharge to an anadromous reach of —Harrington Creek resulting in better protection for downstream fish species. c) Does the project have environmental effects which will ❑ ❑ [�( ❑ cause substantial adverse effects on human beings,either direct!y or indirectly? Project implementation will not result in substantial direct and indirect substantial adverse impacts to human beings. Contractors and District staff will wear personal protective equipment during project construction. As designed,the pond, berm andspillway improvements do not pose a significant risk to human beings. 29 � SO0RCESIREFERENCED |. Association of Bay Area Governments,online liquefaction map (http://www.abag.ca.gov/bayarea/eqmaps/liquefac/bayaliqs.gif)accessed online AugomZ0V9. 2. Brady,R.H.,Fluvial Geomorphology,hydrology,and Riparian Habitat of La Honda Creek along the Hwy 84 transportation corridor, San Mateo County,California,June 2OO4.Available online at: (hup:Vwnw.o(ei.o,A/*ucmhods/,epou,DNo78_LuHoudu.htm|) 3. California Dcpmtmeoto[Fish and Game,lNouum|Resources Database(CNDD8)Quick Viewer,Lo Honda Quadrangle (http://imaps.dfg.ca.gov/viewers/cnddb_quickviewer/app.asp)accessed online August2O09. 4. California Department oy Forestry and Fire Protection. San Mateo County Fire Hazard Severity Zone Map adopted 2OO7. (hup:06up.cd[cu.&ov/vcbdntn/mupo/xou_mmeo/8`oza_mop4\.pd0 accessed online August 2OO9. 5. California Geological Survey. Special Publication 42 Fault-Rupture Hazard Zones in California,Alquist-Priolo Earthquake Fault Zoning Act with Index toEarthquake Fault Zones K4xps^ Interim Revision 2007. Available upon request from MidpcninoviaKnginnu| Open;pace District. 6. Midpeninsula Regional Open Space District,Department of Fish and Game 5-year Memorandum of Understanding, Routine Maintenance,Attachment B,Best Management Practices and standard Operating Procedures for Routine Maintenance Activities io Water Courses 2OO7. Available upon request from Midponiusu|u Regional Open Space District. 7. Natural Resources Conservation Service.U.Q.General Soil Map(State Soil Geographic Doaubusc)^20Oh. GIS data available for download at:(http://soils.usda.gov/survey/geography/statsgo/) 8. Natural Resources Conservation Service.Web Soil Survey,Farmland Classification,accessed online: (http://*ohooi|nuncy.noo.uodu.gov).accessed May 2000. 9. San Francisco Bay Regional Water Quality Control Board,2002 CWA Section 303(d)List of Water Quality Limited � Sediment,Approved by United States,Environmental Protection Agency,July 2003. Accessed online: (hup://vv"vvvmutorhnunda.cw.govh^mo,_iopues/pmgmm»/tmJ\/doua/2002,ogZJ03d|iot.pdD.accessed August 2OO9. |O. San Mateo County,General Plan,accessed online: (hup://wv*.ofhmundtab|o.o,A/P&B/ph_gooc,a|_p|an,h/m|)ncoeosed May-August 2OO4. l|. San Mateo County,General Plan,Community Noise Map accessed online: (hup://wwvv.sfbnoundtah|c»,g/P8LB/gp/maps/gp`/�20community`/`20ooioe�/�2O(lln>7).pdf)ucceooed&uQust2O09. 12. San Mateo County,Zoning Map for Unincorporated San Mateo County, Sheet 3|,accessed online: (hup://wwmsfbvnuudm6|o.or@/R&8/pdf/iodex`/`2Omups/uhoet_36.pdf)accessed May 2O09. 13. Sun Mateo County.General Plan,Existing Rom|Land Use Map accessed online: (hup://wv/w.stomundtoh|eo,g9&B/gp/mopy/&pY62OexiohngY42Omm\Y420|aodY62Ouxc.pd0wucesaod � August,20O9. 14. San Mateo County,Zoning Regulations,July 1999. Available online at: (hop://+nv°.cpyunmuteo.00.u,/"gn/im^gcs/pnrto|/cit_h09/944i58OZmgu-°p.pdD 15. United States Fish and Wildlife Service,Recovery Plan for the California Red-Legged [vng,2OO2. Available online at: (hnp://ocoo.hws.gov/docs/,ccn,c,y_p|uo/020528.pdO 16. United Stu/o»Fish and Wildlife Service,Recovery Plan for the San Francisco Garter Snake, 1985. Available online at: (hup:0ocos.h,s.gov/ducy/rcoovery_p!m/8509||.pdf) 17. United States Fish and Wildlife Service,Species Profile for the California Red-Legged Frog accessed online: (hup://ecnx.hwy.gov/»pecim9nmfi|o/poofi|c/uyccieoPooG|c.00bom?opcodc=DO2D).occmscd/&uguyt2OO9. 18. Vollmar Consulting,Pond Management Plan,Former Wool Ranch,La Honda Creek Open Space Preserve,2009. Available upon request from Midpcoioxu\uRegional Open Space District. |O. Vollmar Consulting,Pond Monitoring Program,Former Wool Ranch,La Honda Creek Open Space Preserve,2009. Available upon request from Midpeninuu|o Regional Open Space District. 30 Notice of Determination Appendix D To: From: Office of Planning and Research Public Agency: Midpeninsula Regional Open Space District For U.S. rWail., Streez Address: Address: 330 Dlstel Circle — -- -__ P.O. Box 3044 1400 Tenth St. Los Altos,CA 94022 Contact: Julie Andersen Resource Planner Sacramento, CA 95812-3044 Sacramento, CA 95814 — - — �- — -- Phone: 650-691-1200 14 County Clerk County of: San Mateo Lead Agency (if different from above): Address: -555-County Center ------- --- - - — - -- - ---- --- Address:----Redwood Citty QA 94063 ._- - - - --- - Contact: Phone: ------- ----------- SUBJECT.Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. State Clearinghouse Number (if submitted to State Clearinghouse): N/A Project Title: Pond DR06 Repair Project Location (include county): La Honda Creek Open Space Preserve, San Mateo County Project Description: Pond, berm, and spillway repair has approved the above described ro'ect on 's vise that the Mi nin ula Re (anal 0 en Space District I This (. to ad d e s p P-_ -g__- � pP l cad Agency of Res[on,ihle 1genw September 23,2009 and has made the following determinations regarding the above described project: (Date) I.The project[❑will ®will not] have a significant effect on the environment. 2. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3.Mitigation measures [©were ❑were not] made a condition of the approval of the project. 4.A mitigation reporting or monitoring plan [®was ❑ was not]adopted for this pro'ject. 5. A statement of Overriding Considerations[❑was ®was not] adopted for this project. 6. Findings[®were M were not] made pursuant to the provisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval,or the negative Declaration, is available to the General Public at: 330_Distel Circle, Los Altos 94022 ........- Signature(Public Agency) Title Date Date Received for filing at OPR Authority cited: Sections 21083, Public RCSOUrces Code. Reference Section 21000-21 I74, Public Resources Code. Revised 2005 MITIGATION MONITORING PROGRAM Pond DR06 Repair La Honda Creek Open Space Preserve State Clearinghouse Number: TBD San Mateo County, CA August 2009 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 LA HONDA CREEK OPEN SPACE PRESERVE POND DR06 REPAIR PROJECT MITIGATION MONITORING PROGRAM This mitigation monitoring program (MMP) includes a brief discussion of the legal basis and purpose of the program, a key to understanding the monitoring matrix, discussion and direction regarding noncompliance complaints, and the mitigation monitoring matrix itself. LEGAL BASIS AND PURPOSE OF THE MITGATION MONITORING PROGRAM Public Resources Code (PRC) 21081.6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying and environmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. MONITORING MATRIX The following pages provide a series of tables identifying the mitigations incorporated into the Pond DR06 Repair project at La Honda Creek Open Space Preserve (the project). These mitigations are reproduced from the Mitigated Negative Declaration for the project. The columns within the tables have the following meanings: Number: The number in this column refers to the Initial Study section where the mitigation is discussed. Mitigation: This column lists the specific mitigation identified within the Mitigated Negative Declaration. Timing: This column identifies at what point in time, review process, or phase the mitigation will be completed. The mitigations are organized by order in which they appear in the Mitigated Negative Declaration. Who will This column references the District staff that will ensure implementation verify? of the mitigation. Agency This column references any public agency or District Department with Department which coordination is required to ensure implementation of the mitigation. Consultation: California Department of Fish and Game is listed as CDFG. The United States Fish and Wildlife Service is listed as USFWS. Verification: This column will be initialed and dated by the individual designated to confirm implementation. NONCOMPLIANCE COMPLAINTS Any person or agency may file a complaint asserting noncompliance with the mitigation measure associated with the project. The complaint shall be directed to the District's General Manager in written form, providing specific information on the asserted violation. The General Manager shall cause an investigation and determine the validity of the complaint; if noncompliance with the mitigation has occurred, the General Manager shall cause appropriate actions to remedy any violation. The complainant shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance. Who will Department Verification Number Mitigation Timing ? or Agency (Date& verify. Consultation Initials Mitigation (13I0-1)To minimize potential impacts to California red-legged frog, San Prior to construction District N/A in Section Francisco garter snake, and western pond turtle, worker environmental and as needed (in the Resource IV(a). awareness training will be conducted for all construction crews and event of new project Planner I or contractors that will be accessing the site. The education training will be staff). Training will be their conducted prior to starting work on the project and upon the arrival of any provided prior to designee new worker. The training will include a brief review of the California red- beginning project legged frog, San Francisco garter snake, and western pond turtle,their life construction and on an history, field identification, habitat requirements for each species, location as needed basis to of sensitive areas, possible fines for violations, avoidance measures,and ensure that new staff is necessary actions if sensitive species are encountered. trained prior to accessing the project site. Mitigation (13I0-2)To minimize potential impacts to California red-legged frog, San Prior to and during District N/A in Section Francisco garter snake,and western pond turtle,a biological monitor will project construction Resource IV(a). be required to be present on site during all construction. The monitor will each day. Planner I or survey parking areas, staged equipment, access routes,and the project area their prior to the beginning of construction each day. The biological monitor designee will continue to survey the project throughout construction each day. Mitigation (13I0-3)To minimize potential impacts to California red-legged frog, San Prior to project District N/A in Section Francisco garter snake,and western pond turtle,all project work must be construction, a site visit Resource IV(a). completed during the dry season when the pond is dry and unsuitable for will be conducted to Planner I use by aquatic species. determine that the pond or their has thoroughly dried designee and no aquatic species are present. Mitigation (13I0-4)If California red-legged frog, San Francisco garter snake or Prior to and during District Wildlife in Section western pond turtle are encountered,no work shall occur until the frog, project construction Resource Biologist, IV(a). snake or turtle has left the area on its own, or until a qualified wildlife each day. Planner I USFWS, and biologist is consulted and appropriate arrangements are made with United or their CDFG. States Fish and Wildlife Service and the California Department of Fish and designee Game. Who will Department Verification Number Mitigation Timing or Agency (Date& verify. Consultation Initials Mitigation (ARC-1)Implementation of the following measures would reduce Throughout project District N/A in Section potential impacts to cultural and historical implementation. Resource V(b). resources, including buried and unknown archeological, and Planner I paleontological resources to a less-than significant level or their • If any commonly recognized sensitive cultural resources such as designee human formed artifacts including projectile points, grinding stones, bowls, baskets, historic bottles,cans, or trash deposits are encountered during project construction,every reasonable effort shall be made to avoid the resources. Work shall stop within 100 feet of the object(s)and the contractor shall contact the District. No work shall resume within 100 feet until a qualified cultural and/or historical resources expert can assess the significance of the find. • A reasonable effort will be made by the District to avoid or minimize harm to the discovery until significance is determined and an appropriate treatment can be identified and implemented. Methods to protect finds include fencing and covering with protective material such as culturally sterile soil or plywood. • If vandalism is a threat, 24-hour security shall be provided. • Construction outside of the find location can continue during the significance evaluation period and while mitigation for cultural and/or historical resources is being carried out,only if a qualified cultural and/or historical resources expert is present onsite monitoring any additional subsurface excavations within 100 feet of the find. • If a resource cannot be avoided, a qualified cultural and/or historical resources expert will develop an appropriate Action Plan for treatment to minimize or mitigate the adverse effects. The District will not proceed with reconstruction activities within 100 feet of the find until the Action Plan has been reviewed and approved. • The treatment effort required to mitigate the inadvertent exposure of significant cultural and/or historical resources will be guided by a research design appropriate to the discovery and potential research data inherent in the resource in association with suitable field techniques and analytical strategies. The recovery effort will Who will Department Verification Number Mitigation Timing ? or Agency (Date& verify. Consultation Initials be detailed in a professional report in accordance with current professional standards. Any non-grave associated artifacts will be curated with an appropriate repository. • Project documents shall include a requirement that project personnel shall not collect cultural and/or historical resources encountered during construction. This measure is consistent with federal guideline 36 CFR 800.13(a)for invoking unanticipated discoveries. Mitigation (ARC-2). If human remains are encountered, all work within 100 feet of Throughout project District N/A in Section the remains shall cease immediately and the contractor shall contact the implementation. Resource V(b). District.The District will contact the San Mateo County Coroner to Planner I evaluate the remains,and follow the procedures and protocols set forth in or their §15064.5(e)of the CEQA Guidelines.No further disturbance of the site or designee any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has made a determination of origin and disposition,which shall be made within two working days from the time the Coroner is notified of the discovery, pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. If the remains are determined to be Native American,the Coroner will notify the Native American Heritage Commission(NAHC)within 24 hours, which will determine and notify the Most Likely Descendant (MLD). The MLD may recommend within 48 hours of their notification by the NAHC the means of treating or disposing of,with appropriate dignity, the human remains and grave goods. In the event of difficulty locating a MLD or failure of the MLD to make a timely recommendation,the human remains and grave goods shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance. Midpeninsula Regional • ' Open Space District R-09-109 Meeting 09-26 September 23, 2009 AGENDA ITEM 5 AGENDA ITEM Informational Report on the District's method for calculating stocking rates and rents charged on District grazed lands. GENERAL MANAGER'S RECOMMENDATION Receive an informational report from the District's Rangeland Ecologist on the current District method for calculating stocking rates and rents charged on District grazed lands. SUMMARY "Animal Unit Month" (AUM) has historically been used as a standard unit of forage consumption and is the basis for calculating grazing fees on public lands. The AUM is the amount of grass an average size cow will consume in an average month, i.e., approximately 8001bs of dry grass. Through monitoring,the District is able to determine the total amount of grass that grows in a pasture in a given year, evaluated in Spring. The amount of grass that will need to remain on the ground to protect both the soil and water quality is a rangeland management decision that is measured each Fall. The difference between these two values (Spring and Fall) is the amount of grass available for livestock consumption and is measured in AUMs. This report provides a brief review and update of forage consumption rates for grazing animals and clarifies the definition of an AUM and how rent charges are derived under this system. BACKGROUND The District utilizes the AUM system for calculating stocking rates for the grazing lands in the preserves and for the rent charged to grazing tenants. The AUM system is widely utilized by public agencies across the nation. The East Bay Regional Park District, the Contra Costa Water District, the East Bay Municipal Utility District, and the San Francisco Public Utilities Commission currently base their stocking rates and grazing rents on a per AUM basis. It is important to ensure that forage consumption rates by livestock are based on the size and number of animals present on the allotment. By taking this into account, stocking rates and grazing periods can be more closely balanced with available forage, including g g R09-109 Page 2 forage and cover for wildlife and watershed protection. This gives the District the ability to ensure that grazing fees accurately represent the forage consumed by livestock so that the public receives fair value based on the actual weights and forage consumption of the livestock being grazed. A second method for determining pasture rent cost, generally not used by the District, is to charge the grazing tenant by the acre. Leasing pasture by the acre puts a set value on the land for the entire grazing season and usually does not specify animal numbers (stocking rate), making land management to protect natural resources difficult and subject to substantial guesswork. In contrast, by leasing out pasturage by AUM, the landowner sets the rental rate for livestock by the month. With this method,the landowner controls the carrying capacity by specifying how many animals can use the pasture over a period of months allowing for optimal forage utilization to meet the landowner's overall management goals. DISCUSSION The Natural Resource Conservation Service (MRCS), in its National Range and Pasture Handbook, defines an Animal Unit(AU) as one mature cow of approximately 1,000 pounds and a calf as old as 6 months, or their equivalent, and then states, "[a]n animal unit month (AUM) is the amount of forage required by an animal unit for one month". The NRCS further defines the actual forage consumption as 26 pounds of oven-dry weight, or 30 pounds of air-dry weight, per day as "the standard forage demand for a 1,000 pound cow (one animal unit)". This is 2.6%of body weight for the oven-dry weight and 3% of body weight for air-dry weight of forage. Note that there is no forage allowance for the calf in this consumption rate because they are nursing. The same also would be true for lambs when considering sheep grazing. TABLEA AUM Rates Species AUM Value Number AUM Cattle Beef Cow/Calf Pair 1 1 Beef Bull 1.5 0.67 Stocker(350-7001b.) 0.5 2 Sheep Mature Ewe w/ lamb 0.2 5 Yearlings 0.15 6.67 Mature Ram 0.25 4 Goats Mature Doe w/ Kids 0.2 5 Yearlings 0.1 10 Mature Buck 0.25 4 Horses Mature Horse 1.5 0.67 R09-109 Page 3 Renting by the Animal Unit Month is a simple method; however calculations are more detailed due to conversion of livestock numbers to animal units (AU). This method involves using a competitive rental rate per AUM (AUM price). This rate is based on the average selling prices of 600-700 lb weaned calves during the month of June at the regional livestock auctions, and reflects the sale price all ranchers in that region will receive for their livestock. The rental rate per month for a given herd is determined by multiplying the rental rate per AUM by the number of animal units (AU) grazed (see animal unit equivalent TABLE.1 for values). Total annual pasture rent is determined by multiplying the per month rate by the number of months the pasture is grazed. FORMULA: Number of Animal Units(AU)x AUM price=Overall Rental Value for AUs for one month Then take Overall Rental Value for one month x Months grazed=Annual Payment EXAMPLE CALCULATION: Assumptions_ • 1,000 acre pasture in coastal foothills • Enough forage is available to support 735 AUMs for the grazing season as determined by rangeland ecologist prior to grazing season • Grazing 105 cow/calf pairs or 105 animal units(AU) per month (Note: 1.0 animal unit=one 1,000 lb. cow/calf pair-TABLE.1) Total of 105 AUMs for 1 month (105 AU x 1 Month) • Plan to graze December 1 through June 31 (7 months) • Total AUMs of grazing(105 AU x 7 M)= 735 AUMs. Formula: animal units(AU)x price/AUM x month(s)grazed= monthly/seasonal payment Calculated rental value for 1 month is 105 AUMs x $13.50/AUM=$1417.50 per grazing month Calculated rental value for 7 months is 735 AUMs x $13.50/AUM=$9922.50 per grazing season FISCAL IMPACT This is an informational report. There is no fiscal impact. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. R09-109 Page 4 CEQA COMPLIANCE AND PERMITTING This informational report is not a project under the California Environmental Quality Act. NEXT STEPS Continue utilizing the AUM system to calculate stocking rates and rent charges on District lands. Provide information to Farm Bureau, cattle ranchers and other interested parties who may have questions regarding the system. Attachments: None Prepared by: Clayton Koopmann, Rangeland Ecologist Contact person: Clayton Koopmann, Rangeland Ecologist ` ^ &0idpeDiDsu|aRegioDa| � | Open Space District R,Og-|04 Meeting 09-20 September 23, 20Og AGENDA ITEM 6 AGENDAKTEM Informational Report on the Pnapnucd Cooley Landing Project From the City of East Palo Alto (City); Consideration ofan /\dHoc Board Committee to Ensure Policy-level Coordination with the City Through the Conceptual Design Process; and Authorization for the General Manager to Spend Dpto His Contractual Authority of$25,000to Fund Necessary Consultant Services GENERAL MANAGER'S RECOMMENDATIONS | Receive an informational report from the City of East pu|o /\|tn on the current status and recent activities oF the City concerning its proposed Cooley Landing project. 2. Consider creating a Cooley Landing Ad Hoc Board Committee to ensure policy-level coordination with the City through the conceptual design process for the proposed project. 3. Authorize the General Manager to spend up to his contractual authority limit of$25,000 to fund ncocooury presentations, report copies, and other services requested by the District from the City of East Palo Alto's design consultant in order to enable timely collaboration and information exchange between the City and District. SUMMARY Cooley Landing is located adjacent to 8Lovnnop/VVd Open Space Pccoxrvc (Preserve) and is the site of rcucmd|y identified Potential New Key Action Plan Project, which the Board will consider inthe Pa|| for inclusion in the [Y2009-10 /\cdou Plan. To prepare the Board for upcoming mid-year Action Plan discussions, staff has invited the City of East Palo Alto to provide an informational presentation onthe Cooley Landing project. To provide policy-level District representation as the City onovou forward on the Cooley Landing Project, staff rcoononncndm creation of Cooley Landing /\d Hoc Board Committee tasked io work closely � with District xtufTthroughoutthe p|unnin&, design, and implementation phases. District staff also � foresees the need for acrvioty from the Chy`a design consultant to ensure that the Ad Hoc Committee remains fully informed and involved, and therefore recommends that the Bound authorize the General Manager to spend up to his contractual authority to fund these services as � needed. � ` R-09-104 Page � DISCUSSION Location Cooley Landing is a peninsula located at the eastern end of Bay Road in the City of East Palo Alto (refer to attachments Al, /\2, and/\3). Three parcels make up the peninsula. The District owns a 25-acre parcel to the north and a 15.7-acre parcel to the south, which together include approximately 9 acres of the uplands, while the City owns the center parcel, beginning at the end of Bay Road and running the length of the peninsula into the San Francisco Bay. The District- owned parcels were purchased in 1900` before the incorporation of the City in 1983` and are located within the jurisdictional boundary of the City uf Menlo Park. The East Palo /\|tn`o parcel was u gift o[the Peninsula Open Space Trust<P{)�7l in and is � (POST) � within the jurisdictional boundary of East Palo /\|k). The Preserve surrounds Cooley Landing on � the north, west and south sides. Further to the south lies the Palo &|tn 0uy|ando Nature Preserve, which io located within the jurisdictional boundary ofEast Palo Alto and known for the highest � | concentration of the endangered clapper rail in the world. Consent Decree The two District parcels are subject to u recorded Consent Dcorco with the United States Fish and Wildlife Service and the California Department VfFish and Game that was entered into in � settlement of a Natural Resources Damages Assessment (NRDA) relating to mercury mining activities on District |uodo in Sierra /\zu|. Under the terms of the Consent Decree, the District is committed to maintaining the lands in perpetuity for the benefit ofthe clapper rail. History City leaders and residents have long had on interest in opening Cooley Landing to the public for low intensity recreation, education, and conservation that respects the natural and historic integrity of the site. Iu20O3, the City hired u design consultant and held a study session and u series of community workshops to prepare conceptual designs for Cooley Landing. Three conceptual design plans were prepared, each building upon the previous in intensity ofuse. Stakeholder meetings conducted in 2004, which included District staff, focused on the type of uses deemed conceptually acceptable for the site. \n20O5, the City held community meetings to present the conceptual design plans. The City Council and the community both gravitated towards the |ovvor impact designs, nunno|y Concept Plans /\ and B, whose designs focused on more passive uses ou the peninsula(refer to attachments A4 and /\5). District Coordination From 2006 through 2007, the City conducted a series of technical studies funded by the U.S. Environmental Protection Agency (US EPA)to ascertain what regulatory iooucu would face the project. In 2007, the City and District were briefly in contact, resulting in a District letter that � confirmed to working with the City. The letter suggested � � contact between L. Craig Britton, �h�u {]cn�ra| KJaou�cr, and ]annca, City Manager, to � � . , develop u process for workingtogetber. However, the conclusion o[the Cooley Landing project � manager's contract o1 the City, funded byD8 EPA, put the project onho|dunti| car\ierthimycnz when the District was contacted hv Lily Lee, the new Cooley Landing project onunageron |oan from the l]S EPA until March 2U|| and funded hya Packard Foundation grant. Since that time, City and District staffs, including the City Manager and District General Manager, have . discussed the (�ity`w goals and the level Vf potential District utaffinvo|vennen1in the pn4ccL With District staff input,the City issued u Request for Proposal a/()ua|iUoo1ionm (RFp/()) in R-09-104 Page 3 August for design services to further the project's design process. The City hopes to contract with a consultant team later this Fall. Cooley Landing will be recommended as a Potential New Key Project during the upcoming review and re-prioritization of the current fiscal year's Action Plan. In preparation for this process, staff has invited Alvin James, City Manager for the City of East Palo Alto, and Lily Lee, the Cooley Landing Project Manager, to give an informational presentation on the project to provide more detail on its current status and recent activities. FISCAL IMPACT There is no current fiscal year funding for Cooley Landing. This will be under consideration during the mid-year budget review process. PUBLIC NOTICE Public notice was provided per the Brown Act. No additional notice is required. I CEQA COMPLIANCE i Environme ntal Quality Act. This informational presentation is not a project under the California Q y concerning the potential project, cone , ' ins or commitments 'n no deers oJ Since the Board will be makingg P p wired at this time. In the event the Board determines to proceed 'r nmental review is re no environmental q review will occur prior to such a decision. environmental with a project, NEXT STEPS Staff will resent the Cooley Landing Project as a Potential New Key Project for Board review p Y g J and consideration in the fall for formal inclusion in the FY2009-10 Action Plan. As part of the City's RFP/Q process, District staff will participate on the selection panel to interview the design consultant finalists. The City plans to interview finalists in October. District staff will continue to represent the District and collaborate with the City during the conceptual design process. Attachments: Al: Map of Cooley Landing Area A2: Aerial of Cooley Landing (2007) A3: Aerial of Cooley Landing (2008) A4: Concept Plan A (2004) A5: Concept Plan B (2004) II Prepared by: Tina Hugg, Open Space Planner II Contact person: Tina Hugg, Open Space Planner II Graphics prepared by: Tina Hugg, Open Space Planner lI Lily Lee, Cooley Landing Project Manager, City of East Palo Alto Attachment A 1 : Map of Cooley Landing Area Parcels owned by a Midpeninsula Regional 7oCity f Menlo Park Open Space District a +; ast Palo Arif.diction Parcel owned by City of y a ' East Palo Alto (shaded) 00 a� R1f1! COOLEY LANDING low IsS T. ''w —is-iw�—•—�iiw''rsO .� - iji: — N fir *'• S+:�- i Jurisdictional boundary — •Pala Alto 8 City ��1TIlJN; ,.s�a��-..■�R� � �: • _�..� • Nature Pr` of East Palo Alto 61- '� .,, .� 1 11111 IILA ynl� ?��-� •n 11111l11a�lll�! jurisdiction SEEM s4 Cfj IIIi1•�i� e.�s.ai:wtm��ri •�n,uu ■.ter www.openspace.org PRESERVE • PROTECT • RESTORE EDUCATE [NjOY i Attachment A2: Aerial of Cooley Landing (2007) OPEN SPACE _ . 4AW t 4 s _ F y ♦ �."'�3`.S�r.1� .,R _� T ,.erg-• 'R'" �... x � r M� � Attachment A3: Aerial of Cooley Landing (2008) 0[i10 MA1 OPEN SPACE. , :- n t r f • sue • • • • • •' Y • a r ^G-S r 3 r t ,`^ 7rr✓/ t J /�rf - Attachment A4: Concept Plan A (2004) Ali t r � I � 4 f r r ! /^> r, V Cypress Environmental & Land Use Planning Cooley Landing ea11­deras,e WW November 30,2004 City of East Palo Alto Landscape Afch2ec[ure,tnc www.openspace.org PRESERVE PROTECT RESTORE EDUCATE • ENJOY 4 t Attachment A5: Concept Plan B (2004) Prey 17 \N "Z � 1 Cypress Environmental & Land Use Planning Cooley Landing as a er —a er December 14,2004 City of East Palo Alto www.openspace.org PRESERVE • PROTECT • RESTORE • EDUCATE 5 Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: September 18, 2009 Re: FYIs Midpeninsula Regional ' Open Space District AMENDED CLOSING MEMORANDUM To: Stephen E. Abbors, General Manager From: Michael Reeves, Real Property Specialist Date: September 11, 2009 Subject: Addition of Public"frail and Emergency Access Easements across McCarthy Land Company Property, St. Joseph's Hill Open Space Preserve Legal descriptions for a public trail easement and an emergency access easement adjacent to St. Joseph's Hill Open Space Preserve were recorded on August 26, 2009 (see attached map for location of these easements). In September 2004, the District obtained these easement rights from the McCarthy Land Development Company as a condition of approval by the Town of Los Gatos for the Vineyard Heights residential development(see Board Report R-04-65). The Town obtained an open space easement over approximately 20 acres of the McCarthy property as an additional condition of approval. The permanency of the trail and emergency access easement rights granted to the District was conditioned upon the District locating and surveying the preferred routes for these easements across steepand challenging terrain. This work was recentlycompleted, and the recordation of b g the legal descriptions secures the District's permanent rights to these easements. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. Recordation of the easements marks the final adoption of the Preliminary Use and Management Plan approved by the Board of Directors at its meeting of July 14, 2004. The following chart updates the dedication and acquisition details presented in the November 9, 2006 Closing Memorandum for this property interest: DEDICATION&ACQUISITION INFORMATION — — Preserve Ownership Status: Board Approval Date& & County Grantor Approx (Fee,Easement,Lease, Resolution Number or Area & Acres Mgmt Agreement) General Manager Approval A.P.N. Date St.Joseph's Portions of Santa Clara McCarthy Land Public Trail& July 14 2001 Full County APN's 537-33- Company LLC et al 2.5 Emergency Access 04-26 007,-008 and-010 Easements Mgmt.Status: Closing Dedication Date Date (Open,Closed,CMU, &Status Purchase Price GIS Code or Other) September Closed Withheld Grant N/A 1990 17,2004 Misc.Notes: 1. Public Trail Easement:The District received a trail easement connecting St Joseph's Ilill Open Space Preserve to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve(see attached map). 2. Emergency Access Easement:The District also received an emergency access easement from the end of Foster Road in Los Gatos through the Vineyard Heights development to the trail easement(see attached map). cc: Board of Directors Operations&Foothills Field Office(incl. copy of Grant Deed of Easements) Administration Planning(incl.copy of Grant Deed of Easements) Accounting G1S Coordinator(incl.copy of Gant Deed of Easements) Public Affairs Legal I i Town of Los Gatos j i� � ', j j - McCarthy i/ Property EVia District Emergency Access Easement E �,,• Noviti w a o i ate Tra� \ oster R co -/ Q :v Manz nits District Trail Easement w - t ;St. Joseph s Hill r % Open Sp ce Presery LIJ ».. w — �� 6 ` s _y __. ...... _ ., S�.erra �p u , en .Spa E� Prese Lexington Reservoir - gountyPark oa Lexington Reservoir Trail and Emergency Access Easements at St. Joseph's Hill and Sierra Azul Open Space Preserves a Feet � 0 260 520 1,040 Midpeninsula Regional Open Space District, September 2009 ' Midpeninsula Regional Memorandum Open Space District To: MROSD Board of Directors Through: Steve Abbors, General Manager From: Tina Hugg Gcl� Date: September 18, 2009 Re: Update on the Administrative Office Remodel Project for Board Meeting on September 23, 2009 This update is being provided to the Board regarding the current status of the Administrative Office remodel project as of September 17, 2009. • Recent work completed: kitchen o Kitchen cabinetry, for counter in, door hardware, legs o Painting of hallway door frames and doors, final coat of paint in hallway and server room o Solar tube in 1T room o Light fixtures in kitchen ceiling o Ceiling tile in server room and kitchen o Electrical panel cabinet in Sierra Azul conference room o Batting for sound insulation in conference rooms, Planning private offices,and private office next to Sango's office • Work underway: o Final coat of paint in kitchen o Alarm system design plans(to connect dry fire suppression system to alarm system) have been submitted by Protection One to City of Los Altos for review and pert-nit o Replacement of two HVAC diffusers in Planning area o Appliances, pipe legs for kitchen tables, Corian counters o Restroom partitions and door hardware o Light fixtures for server room Next Steps: Staff will continue to work on: • Construction administration • Cost assessment for mid-to long-term HVAC improvements for the entire AO building {c' 3 Y"yj4 IYSA ti' r1Yy"'' y, - y ) x� j SJa.. ey T• ygy,, � 7 Hood Mountain REI Locations r Regional Park Service Project Locations j� Santa �. Completed Ridge Trail pack u' Rosa : f �^� � ��.��``•, Proposed Trail Corridor _ Skyline get dirty 'Wilderness r: '".park build ON Mount Burdell� f Valle) Open Space � His s , B� �f �� Pry Me al Buffe make � .... t + concord \� C orte den�, D erentwo The Bay Area Ridge Trail Council,REI •. Fish Berki}ley _ Ranch and local park agencies are teaming up g b to host volunteer work parties on the Presidi Ridge Trail all around the Bay Area. I no! oe Volunteer teams will build and care for �iI � \'l the Ridge Trail—and have a great time. Sweeney Rid ' `San REI will raffle awesome prizes. Refreshments ''••.. ca'toe - Fremont courtesy of REI and Peet's Coffee&Tea. Alum Rock Park - e Mountain si View _ s` gn up now Long Ridge '�Saratog ; Open Space Preserve ; e � 5� .% �At� ��: 415.561.2595 �°m Countyi rail l , '�r81 Bfg\ www.�ld�e The Bay Area RidgeTrail council is the nonprofit that plans,builds,and promotes a planned 550+mile trail on the ridgelines circling the San Francisco Bay for hikers,mountain bicyclists,and equestrians. BAY AREA More than 310 miles are now open to enjoy.REI is a long-time partner of the Ridge Trail,supporting RIDGE TRAIL the Council's work with rants,work days,and trail events. coQNctL 9 Y. Photos by Karen Kidwell(top)and REI staff(bottom)-Map by Pease Press-Porter by Switky Communications Group. Midpeninsula Regional • ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: September 23, 2009 Re: Late FYIs Interoffice Memorandum September 15, 2009 To: Stephen E. Abbors, General Manager From: Gordon Baillie, Management Analyst—Operationse` Subject: Monthly Field Activity Summary—July,2009 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Resisting peace officer 2 3 Closed Area 3 6 Auto burglary 0 1 Speed 3 11 False Information 0 1 Helmet 9 17 Possess/Cultivation marijuana 0 2 Night Riding 3 6 ACCIDENTS/INCIDENTS Dogs Bicycle accident 5 Prohibited area 5 9 Equestrian accident 0 Off-leash 14 21 Hiking/Running accident 5 Vehicles prohibited 0 0 Other first aid I Closed area 0 0 Search & Rescue I After hours 26 55 Vehicle accident 0 Fishing 0 0 LZ air evacuation 0 Vandalism 0 3 Fire I Parking 23 28 ENFORCEMENT Parking after hours 20 21 "Subject" citations 67 Disabled parking 2 6 Parking citations 45 Dumping/Litter 0 2 Written warnings 82 Campfires 0 0 Arrests 0 Weapons Police assistance 6 Actual contact 0 0 Evidence of 0 0 MUTUAL AID Other: Accident 2 Smoking 0 1 Law Enforcement I Permit required 2 2 Fire (Acres) I Glider/Model airplane 0 2 Fire (Vehicle) 0 Horses prohibited 0 1 LZ's for offsite I Fire prohibited 0 4 Headset prohibited 0 1 Occurrences of Special Interest Date: I A maintenance supervisor discovered the window next to the main door of the Daniels Nature Center had been broken. There was no evidence of entry, but several beer bottles were found at the scene. 2 A marijuana garden was discovered in the Bald Mountain area of Sierra Azul OSP. The Santa Clara County Sheriffs Department Marijuana Eradication Team arrested one suspect, while another fled. Approximately 6,100 marijuana plants were confiscated and destroyed. 4 A witness reported that a bottle rocket was launched into the Windy Hill OSP from WHOI adjacent to Hwy 35. No fire was started or suspects were located. 4 A grassland fire burned approximately 100' x 100' in La Honda Creek OSP just off Highway 84 near the Red Barn. The fire was extinguished in about 10 minutes and the cause of the fire is undetermined. 7 A stolen vehicle was pushed over the side of the road onto Saratoga Gap OSP. District Rangers contacted CHP for removal as evidence. 9 California State Park Rangers had been called out to investigate a possible methamphetamine laboratory on the Skyline-to-the-Sea trail in Castle Rock State Park. They found four 6-gallon containers of fertilizer at the Achistaca Trailhead, and requested assistance from District Rangers to help transport the containers with District vehicles. I I A bicycle accident occurred on Indian Creek Trail at Monte Bello OSP. The victim suffered a possible head injury, broken ribs, collar bone, and had difficulty breathing. The subject was transported by Life Flight Helicopter to Stanford Hospital. 13 An auto burglary occurred at El Corte de Madera OSP. The right front vehicle window was broken and a purse was stolen. 14 A District Ranger stopped a subject for a speed violation at St. Joseph Hill OSP. The suspect refused to identify himself and fled the scene even though the ranger ordered him to stop. The incident was turned over to a Santa Clara County Sheriff's Deputy, but the subject was unable to be located. 16 A search began for a missing person in El Corte de Madera OSP. A long time regular visitor, who normally exited on time, could not be located at closing. District units were unable to locate him, and the command of the search was turned over to San Mateo Sheriff's Department Search and Rescue Team. A major search operation was conducted over the next three days, involving numerous Search and Rescue teams from a variety of agencies, and over 100 individual search participants each day. Subsequent searches have not found the individual. 23 Two auto burglaries occurred in the equestrian lot at Rancho San Antonio County Park. The vehicles were adjacent to each other and windows were broken to gain access. A purse was stolen from each vehicle. 31 A marijuana eradication operation was conducted near Indian Creek in Monte Bello OSP. There were two primary grow sites, and approximately 21,000 plants were eradicated. July Vandalism 4 Russian Ridge OSP: A section of split rail fencing was pulled out. 9 Monte Bello OSP: At MB08 a"NO PARKING" sign was removed from the split rail fence. Page 2 of 3 10 Los Trancos OSP: Direction signs were found bent at the intersection near the Lost Creek Loop Trail. 10 Skyline Ridge and Russian Ridge OSPs: 3 "No Smoking/Fire" signs were stolen. 16 Monte Bello OSP: On the signboard the metal locking loop was broken, the lock gone, and the Mountain Lion notice was missing. 18 The former Almaden Air Force Base in Sierra Azul OSP: The back door on the monolith was broken open and the 2C 10 lock was smashed. 20 The SA06 parking lot in Sierra Azul OSP: Graffiti tags were discovered on west gate post, and the 2C 10 lock was missing. 20 At Gate SA32 in Sierra Azul OSP: Tagging was discovered on the gate signs. 22 The former Almaden Air Force Base in Sierra Azul OSP: A plate on the monolith window was broken off. 25 The former Almaden Air Force Base in Sierra Azul OSP: The back door on the monolith was broken open, the 2C 10 lock was smashed. 0:\Enforcement Activity Reports\2009 Monthly Summaries\July 2009-Monthly Enforcement Summary.doc Page 3 of 3 Interoffice Memorandum September 15, 2009 To: Stephen E. Abbors, General Manager From: Gordon Baillie, Management Analyst—Operatio Subject: Monthly Field Activity Summary—August,2009 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Resisting peace officer Closed Area 4 5 Speed 6 21 ACCIDENTS/INCIDENTS Helmet 5 16 Bicycle accident 4 Night Riding 4 4 Equestrian accident 0 Dogs Hiking/Running accident 3 Prohibited area 3 8 Other first aid 5 Off-leash 8 14 Search & Rescue 3 Vehicles prohibited 0 0 Vehicle accident 2 Closed area 2 5 LZ air evacuation 0 After hours 12 40 Fire 0 Fishing 0 1 Vandalism 0 4 Parking 14 19 ENFORCEMENT Parking after hours 30 33 "Subject" citations 48 Disabled parking 1 3 Parking citations 45 Dumping/Litter 1 2 Written warnings 80 Campfires 0 1 Arrests 0 Weapons Police assistance 0 Actual contact 0 0 Evidence of 0 0 MUTUAL AID Other: Accident 6 Walk bike zone 3 3 Law Enforcement I Permit required 0 1 Fire (Acres) 0 Suspicious trail use 0 1 Fire (Vehicle) 0 Suspected poaching 0 1 LZ's for offsite 0 Trail conflict 0 1 Occurrences of Special Interest Date: I On a docent-led night hike at Russian Ridge OSP, a hiker requested a ride back to her vehicle as a result of slipping and spraining her ankle. She stated that her hiking companion was a doctor who had wrapped her ankle. After checking with the Hospital on her condition, it was determined that she had broken her tibia in three places and required surgery. 2 District staff discovered an illegal bicycle trail with jumps, approximately '/4 mile long in length between the Borden Hatch Mill and the Purisima Creek Trails at Purisima Creek OSP. 5 A bicycle accident occurred on the Long Ridge Trail at Long Ridge OSP. District Ranger Staff found the victim sitting on Hwy 35 (Skyline Boulevard) with a deformed shoulder. The victim refused treatment and had a friend drive him to the hospital. 7 A subject was cited for dumping household waste off of Reynolds Road, in Sierra Azul OSP. District Rangers determined the subject had previous felony convictions, was cited, and released. 10 An 8-year-old boy became separated from a group,who were hiking without a permit in the lower Purisima Creek/Walker Gulch area of Purisima Creek Redwoods OSP. District Staff conducted a 20 minute search in the Walker Gulch area locating the boy, who, except for some minor scratches, was unharmed. 11 A bicyclist without a helmet refused to yield for a District Ranger at El Sereno OSP. The suspect was later located and stopped in Los Gatos, where it was determined he had received citations in the past for"No Helmet", and was cited for"Resist, Obstruct, Delay Peace Officer" and for "No Helmet". 14 At 1:45 AM District Rangers observed suspicious ATV and full-size vehicle lights with spotlights shining inside the Skyline Ridge OSP, in the area of the driveway inside the Big Dipper Ranch. The Department of Fish and Game was notified of the activity, but the notification did not reach the warden until the following morning. 16 At District Ranger were contacted regarding a car with a smashed window at Los Trancos OSP. The owner stated that a wallet, backpack, cell phone, keys, and mail were taken. A small, silver rescue-style window punch was located in the back of the vehicle, which he was turned over to the Palo Alto Police as a possible tool of entry. 18 Two hikers on a service road at Rancho San Antonio OSP were injured when they jumped out of the way of a five-year-old bicyclist. One hiker sustained a fractured elbow, and the other suffered bruises. 21 Santa Clara County Sheriff deputies raided a marijuana garden in Sierra Azul OSP. Two suspects fled when the deputies entered the garden where 3,012 plants were removed. 21 Evidence of illegal fishing was found at Alpine Pond in Skyline Ridge OSP. Beer cans, bait wrappings, and fishing hooks were found on the small dock area off the middle of the dam. 22 Suspected hunters in several vehicles, people on foot, dogs and gunfire were observed and heard along the Lobitos Creek, Blue Brush Canyon, and Elkus property complex, known as the future Skyline to the Sea route by District staff. Page 2 of 3 August Vandalism 5 Fremont Older OSP: Black ink graffiti was put on the face of the directional sign at Hunters' Point. 22 Sierra Azul OSP: At the Mt. Umunhum Air Base, the wire fence was cut on the right of the Gate up to the monolith. 22 Sierra Azul OSP: At gate SA32 the "Area Closed" and"Fire Lane" signs were graffiti. 23 Sierra Azul OSP: At the Jacques Ridge parking lot,just past the entrance gate the split rail fence was broken. d:\Enforcement Activity Reports\2009 Monthly Summaries\August 2009-Monthly Enforcement Summary.doc i Page 3 of 3 Midpeninsula Regional Open Space District For Immediate Release I Date: September 21, 2009 Contact: Leigh Ann Maze,650.691.1200 x566 Take a Child Outside Week begins Sept. 24 Los Altos,California [September 21,20091—This Thursday, September 24 marks the beginning of Take a Child Outside Week, inspiring families to spend time outdoors together and featuring organized play days and a talk by Last Child in the [Foods author Richard Louv at Foothill College. Allowing children to play freely in nature is a simple act with powerful effects on their health, happiness, and development fostering fitness, creativity, observation skills, and a sense of wonder about the world. Take a Child Outside Week began in 2007. the idea of North Carolina Museum of Natural Sciences employee Liz Baird after reading Louv's book about the disconnect between children and nature. Since then, the event has grown throughout the United States and Canada with over 250 organizations participating. One of those groups is the Bay Area-based Children in Nature Collaborative (CINC), helping families restore their relationship with nature. CINC is getting families outdoors by promoting Llav dam through October and sponsoring workshops for parents. Richard F,ouv will speak Friday, September 25 at 7:30 p.m. at Foothill College in Los Altos. The Midpeninsula Regional Open Space District is one of many organizations hosting an informational booth before l,ouv's talk. The District is a public agency whose mission is to preserve land as open space, protect the natural environment and provide the public with ecologically-sensitive recreation and education opportunities. The District's twenty-four open space preserves, its seasonal kid-friendly Daniels � Nature Center, and year round docent-led activities provide m Area families to any ways for Bay a healthy children and • simple act with the power to crcatc. et outside and la in nature; a s p b play p communities. For more information: sw�N x%.takeachi lcloutside.or€ �,x,cincbav area.org, wsvw.open space.on". t ' Midpeninsula Regional ' Open Space District r r To: Board of Directors From: Stephen E. AbborsjIT/ Date: September 23, 2009 Re: Late FYIs BOARD ONLY rt" GENERAL MANAGER Stephen E Abbors Regional OpenSpace I Midpeninsula Regional Open Space district BOARD OF DIRECTORS Pete Siemens Mary Davey Jed Cyr Curt Riffle September 3 2009 Nanette Hank° P � Larry Hasse[t Cechy Harris San Francisco Public Utilities Commission Attn: Brian Morelli, Right of Way Manager 1145 Market Street, 7th Floor San Francisco, CA 94103 RE: SFPUC offer to purchase pipeline tunnel easements at Ravenswood Open Space Preserve San Mateo County Assessor Parcel Numbers 063-590-060 & 096-230-110 Dear Mr. Morelli: Rick Jones with Associated Right of Way Services, Inc. visited Midpeninsula Regional Open Space District (District) offices on July 24`h to present the SFPUC's offer to purchase a tunnel easement across Ravenswood Open Space Preserve for the new transbay water pipeline. We have carefully considered your offer and appreciate the work that it represents, but it does not meet the District's needs. Therefore, this letter serves as the District's formal rejection of the SFPUC's monetary offer to purchase the easement, and further serves to restate the District's interest in pursuing the exchange of a tunnel easement across our open space preserve for a trail easement across SFPUC's adjoining lands to create an important and long-sought link in the San Francisco Bay Trail. As you know, the proposed exchange of a tunnel easement for a trail easement was first articulated by the District in a December 18, 2006 letter to SFPUC, further developed in several meetings with SFPUC staff over the past 2 '/2 years, and most recently acknowledged in your letter to the District dated June 24, 2009. The enclosed map shows the approximate location of the proposed multi-use public trail easement—first identified in a Bay Trail Project funded feasibility study commissioned by the City of Menlo Park in 2005 —that would serve to connect the existing section of the Bay Trail at Ravenswood Open Space Preserve with the existing multi use trail along University Avenue. Our understanding is that the SFPUC's purchase offer satisfies its statutory requirement to present a formal monetary offer, and that the District's rejection of the offer triggers the ability of the SFPUC to formally engage with the District in negotiating a mutually acceptable exchange of easements. The Agreement for Purchase and Sale of Real Estate between the District and the City and County of San Francisco, presented to us on July 24`J', provides in Section 5.7 for an October 1, 2010 date of possession of the tunnel easements by SFPUC across District lands. This should provide sufficient time to complete the process outlined in my letter of July 22, 2009, to bring a trail easement across SFPUC lands that is acceptable to both agencies, to our respective boards for approval. Your June 24"' letter suggested that both parties could enter into an exclusive 33o Distel Circle LOS Altos,CA 94022 1 6So.691 2200 1 6So 691048S www openspace org Letter to Brian Morelli J '—"UC August 31, 2009 Page 3 of 3 The District is in the process of selecting a consultant to undertake the environmental review of the project. The District is committed to seizing this opportunity to complete a critical link in the San Francisco Bay Trail to benefit visitors to our open space preserve system, the communities of East Palo Alto and Menlo Park, and the San Francisco Bay region as a whole. We look forward to working with you to further develop a regional public recreational trail resource that is complementary to SFPUC's goals for improving the reliability of its regional water system. Sincerely, &k4 C� Michael Reeves Real Property Specialist Enc. Cc: Steve Abbors, General Manager, MROSD Board of Directors, MROSD Michael Williams, Real Property Manager, MROSD Rick Jones, Associated Right of Way Services, Inc. for SFPUC Rene Baile, Public Works Department, City of Menlo Park Alvin James, City Manager, City of East Palo Alto Dave Holland, Director, San Mateo County Parks Department Laura Thompson, Project Manager, San Francisco Bay Trail Project i Don Edwards San Francisco Bay i� National Wildlife Refuge C (Salt Pond SF2) r ' SFPUC ce pipeflne e 093-590-050 �:° ••' S u t Pipeline Bore Site Existing J` -cture Sour Trail ; 7SFPUC ". ...., Sarr�tr 093-600-010 ens RlBht Of F ' Samtrans Right of Way SFPUC w I�;r� S s # ! 093-690-060 - V Mr Proposed Underground Pipeline BbPE g P a Co N m R 8vk .t �► it �' Ravenswood Open Space Preserve Scale 1 4,800 SFPUC Parcels I Right of Way ���///fffVVV/// c o e District -Surveyed SFPUC Parcel Lines Proposed Bay Trail Easement 1 Inch=400 feet - SFPUC Pipelines(Ewsvng and Proposed) v Proposed Boardwalk Proposed San Francisco Bay Trail Easement Feet - EwstLng Pudic Access Trail(MROSD) Crossing Over Aetlands Ravenswood Open Space Preserve 0 1D0200 400 600 800 1.000 __ Planned Pub,c Access Trail(USFWS)