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Home My Public Portal About20110727 - Agenda Packet - Board of Directors (BOD) - 11-20 Midpeninsula Regional ' Open Space District � i I Meeting 11-20 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos,California Wednesday,July 27, 2011 REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M.* AGENDA I REGULAR MEETING j i 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— PUBLIC SESSION ROLL CALL ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA 7:05 CONSENT CALENDAR 1. Approve Minutes of the District's Special and Regular Meeting—June 10,2011 and June 22,2011 2. Approve Revised Claims Report 3. Approve Written Communications—None 7:10 BOARD BUSINESS 4. Proposed purchase of the Bureau of Land Management(BLM)property as an addition to the Mount Umunhum area of Sierra Azul Open Space Preserve, located west of Mount Loma Prieta(Santa Clara County Assessor's Parcel Number 562-12-004)and Determine that the recommended actions are categorically exempt from the California Environmental Quality Act—M. Williams 5. Adoption of a Comprehensive Use and Management Plan Amendment for Ravenswood Open Space Preserve,Approval of a Partnership Agreement Amendment to allow the City of East Palo Alto(City)to begin site remediation and initial public access work at Cooley Landing,and Concurrence with the City's Certification of the Mitigated Negative Declaration—T. Hugg INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff,opportunity to refer public or Board questions to staff for factual information;request staff to report back to the Board on a matter at a future meeting;or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS nm BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration oj'the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Cleric at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICATION OF POSTING OF AGENDA I,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing amended agenda for the Special and Regular Meeting of the MROSD Board of Directors was posted and available for review on July 8,2011,at the Administrative Offices of MROSD,330 Distel Circle, Los Altos California,94022. The agenda is also available on the District's web site at http://www.openspace.org. Signed this 22"d day of July,at Los Altos,California. District Clerk July 22,2011 I s Claims No. 11-12 Meeting 11-20 Date 7/27/11 Midpeninsula Regional Open Space District # Amount Name Description 15573 $36,900.00 ## North American Title Company Land Acquisition-Bureau Of Land Management Property 15574 $19,492.60 IHI Environmental Third Party Monitoring For Mt. Umunhum Remediation Project 15575 $12,937.50 Go Native District Wide Vegetation Management 15576 $8,472.45 Geocon Consultants Hicks Flat Mercury Remediation Plan&Construction Oversight 15577 $4,750.00 J Kaeuper&Company Appraisal Of Rapley Property 15578 $3,914.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System 15579 $3,750.00 Wildland Resource Management Wildfire Risk Assessment For Mt.Umunhum 15580 $3,290.30 Tires On The Go Tires&Tire Repair 15581 $2,779.26 `1 First National Bank Field Supplies/Blades For Mower/Two GPS Units/Split Rails For Volunteer Project/Flashlight Batteries/Poison Oak Soap/ Sunscreen/Small Tools 15582 $2,186.00 North American Title Company Title&Escrow Fees-Land Acquisition 15583 $2,128,53 Tadco Supply Janitorial Supplies For RSA 15584 $1,717.83 Gatzman Consulting Services Agricultural Production Plan For Lobitos Ridge Property 15585 $1,680.00 Hexagon Transportation Consultants Traffic Study-ECDM 15586 $1,503.52 `1 First National Bank Business Related Meals- Board Meetings/Board Workshop/ Board Retreat/Geocaching Meeting/Planning&Real Property Off-Site Department Meeting/Strategic Plan Meeting/Critical Incident Stress Debriefing/GM Out Of Town Business Meeting 15587 $1,260.59 Stetson Engineers Watermaster Services For San Gregorio Watershed 15588 $1,077.76 Accountemps Accounting Temp 15589 $1,036.54 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring 15590 $1,020.32 Greg's Trucking Service Rock Delivery For Skyline Ridge Puncheon 15591 $1,014.99 *2 Home Depot Field Supplies/Supplies For Flag Pole Repair/Buckets For Hazardous Material/Drip Irrigation Supplies For FFO Landscaping/Lumber For Volunteer Project At Pulgas Ridge/ Lumber For Outbuilding At SAO/Materials For SAO Parking Lot 15592 $993.63 John Miller Architect Architect Services For Dyer Garage At La Honda Creek 15593 $841.65 '1 First National Bank Computer,Website&Internet Expenses-FFO Internet/Email Service Provider For Sending Email Blasts/Print Screen Software/Notebook Memory/Keyboard/Wireless Display Device For Projectors 15594 $795.00 Aaron's Septic Tank Service Pumping Services-Monte Bello&Purisima Creek Redwoods 15595 $675.26 Waste Management Of Guadalupe Waste Disposal-Demolition Of Outbuildings At SAO Disposal Company 15596 $623.26 Dutra Materials Boulders For Skyline Ridge Puncheon 15597 $548.16 United Site Services Sanitation Services- Sierra Azul&Fremont Older 15598 $541.63 *1 First National Bank Office Supplies/Break Room Water Filter Replacement!Toner Cartridge&Toner Cart/Batteries/Ergonomic Supplies! Shredding Services For District Documents 15599 $525.00 Greenlnfo Network Preserve Finder Repair 15600 $524.81 San Jose Water Company Water Service-RSA 15601 $500.00 Old Republic Title Company Preliminary Title Report-Bear Gulch Watershed 15602 $481.66 Cascade Fire Equipment Company Uniform Expenses 15603 $473.05 Patsons Media Group Printing Services-Dog Access Guidelines 15604 $472.50 Shelterbelt Builders Pest Control Recommendation For Preserves 15605 $462.05 "1 First National Bank Miscellaneous Expenses-Photo Contest Prize/Prizes For Youth Geocachers/Recognition Awards 15606 $433.71 Arranged 4 Comfort Ergonomic Chair 15607 $393.16 Orchard Supply Hardware Field Supplies/Zip Ties/Toggle Switch For Fire Pumper/ Plumbing Supplies For SAO/Cleaning&Maintenance Supplies For FFO&Annex 15608 $375.34 California Water Service Company Water Service-FFO 15609 $371.16 "3 Fleet Services Fuel Page 1 of 2 I Claims No. 11-12 Meeting 11-20 Date 7/27/11 Midpeninsula Regional Open Space District I # Amount Name Description 15610 $359.82 '1 First National Bank Rental Residence Expenses-Water System Supplies 15611 $330.36 Foster Brothers Locks&Keys- Fifteen Padlocks/Lock For Rental Residence 15612 $289,84 Krames StayWell Training-Red Cross&CPR Training Materials 15613 $258.91 Safety Kleen Solvent Tank Service-SFO 15614 $252.34 Ergoworks Ergonomic Equipment 15615 $250.00 Del Rey Building Maintenance Janitorial Supplies-AO 15616 $239.75 "1 First National Bank Uniform Expenses 15617 $187.67 Green Waste Garbage Service-SFO 15618 $150.48 State Board Of Equalization Diesel Fuel Tax 15619 $144.90 *1 First National Bank Advertising,Subscriptions&Books-Survey Monkey Monthly Subscription/Recruitment Ad For Accountant/Accounting Book 15620 $140.00 Hoge, Fenton,Jones&Appel Legal Services-Recovery Of Damages Regarding La Honda Pond DR06 15621 $132.64 CMK Automotive Vehicle Maintenance&Repairs 15622 $127.11 Royal Brass Hydraulic Hose Line Assembly&Line Cap For Maintenance Truck 15623 $110.31 Mission Trail Waste Systems Garbage Service-AO 15624 $99.80 Barron Park Supply Plumbing Supplies-RSACP Drinking Fountain Repair 15625 $87.16 '1 First National Bank Volunteer Training Supplies 15626 $81.60 West Payment Center Monthly Subscription For Online Legal Information 15627 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 15628 $77.51 Lampson Tractor Grease Cartridges For FFO Stock 15629 $69.36 Chung,Jean Reimbursement-Mileage 15630 $49.75 Williams,Jennifer Reimbursement-Geocaching Event Supplies 15631 $48.68 O'Reilly Auto Parts Anti-Freeze For FFO Vehicles&Equipment 15632 $43.49 Summit Uniforms Uniform Expense&Key Holders 15633 $38.85 Stevens Creek Quarry Base Rock For DHF 15634 $26.25 Rayne Of San Jose Water Service-Fremont Older 15635 $23.38 Turf&Industrial Equipment Company Tractor Supplies 15636 $20.00 "1 First National Bank Out Of Town Business Meetings-Parking For Meeting In Sacramento 15637 $6.75 Kwik Key Lock&Safe Company Copy Of Keys For Rental Residence Total $124,667.93 `1 Urgent check issued 7/6/11 The total amount for First National Bank is$6,979.74 *2 Urgent check issued 7/19111 '3 Urgent check issued 7/20111 ## In the event agenda item is not approved,this claim will not be processed Page 2 of 2 Claims No. 11-12 Meeting 11-20 Date 7/2711 Revised Midpeninsula Regional Open Space District # Amount Name Description 15573 $36,900.00 ## North American Title Company Land Acquisition-Bureau Of Land Management Property 15574 $19,492.60 IHI Environmental Third Party Monitoring For Mt. Umunhum Remediation Project 15575 $12,937.50 Go Native District Wide Vegetation Management 15576 $8,472.45 Geocon Consultants Hicks Flat Mercury Remediation Plan&Construction Oversight 15577 $4,750.00 J Kaeuper&Company Appraisal Of Rapley Property 15578 $3,914.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System 15579 $3,750.00 Wildland Resource Management Wildfire Risk Assessment For Mt. Umunhum 15580 $3,290.30 Tires On The Go Tires&Tire Repair 15581 $2,779.26 *1 First National Bank Field Supplies/Blades For Mower/Two GPS Units/Split Rails For Volunteer Project/Flashlight Batteries/Poison Oak Soap/ Sunscreen/Small Tools 15582 $2,186.00 North American Title Company Title&Escrow Fees-Land Acquisition 15583 $2,128.53 Tadco Supply Janitorial Supplies For RSA 15584 $1,717.83 Gatzman Consulting Services Agricultural Production Plan For Lobitos Ridge Property 15585 $1,680.00 Hexagon Transportation Consultants Traffic Study-ECDM 15586 $1,503.52 *1 First National Bank Business Related Meals- Board Meetings/Board Workshop/ Board Retreat/Geocaching Meeting/Planning&Real Property Off-Site Department Meeting/Strategic Plan Meeting/Critical Incident Stress Debriefing/GM Out Of Town Business Meeting 15587 $1,260.59 Stetson Engineers Watermaster Services For San Gregorio Watershed 15588 $1,077.76 Accountemps Accounting Temp 15589 $1,036.54 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring 15590 $1,020.32 Greg's Trucking Service Rock Delivery For Skyline Ridge Puncheon 15591 $1,014.99 *2 Home Depot Field Supplies/Supplies For Flag Pole Repair/Buckets For Hazardous Material/Drip Irrigation Supplies For FFO Landscaping/Lumber For Volunteer Project At Pulgas Ridge/ Lumber For Outbuilding At SAO/Materials For SAO Parking Lot 15592 $993.63 John Miller Architect Architect Services For Dyer Garage At La Honda Creek 15593 $841.65 *1 First National Bank Computer,Website&Internet Expenses-FFO Internet/Email Service Provider For Sending Email Blasts/Print Screen Software/Notebook Memory/Keyboard/Wireless Display Device For Projectors 15594 $795.00 Aaron's Septic Tank Service Pumping Services-Monte Bello&Purisima Creek Redwoods 15595 $675.26 Waste Management Of Guadalupe Waste Disposal-Demolition Of Outbuildings At SAO Disposal Company 15596 $623.26 Dutra Materials Boulders For Skyline Ridge Puncheon 15597 $548.16 United Site Services Sanitation Services- Sierra Azul&Fremont Older 15598 $541.63 *1 First National Bank Office Supplies/Break Room Water Filter Replacement/Toner Cartridge&Toner Cart/Batteries/Ergonomic Supplies/ Shredding Services For District Documents 15599 $525.00 Greenlnfo Network Preserve Finder Repair 15600 $524.81 San Jose Water Company Water Service-RSA 15601 $500,00 Old Republic Title Company Preliminary Title Report-Bear Gulch Watershed 15602 $481.66 Cascade Fire Equipment Company Uniform Expenses 15603 $473.05 Patsons Media Group Printing Services-Dog Access Guidelines 15604 $472.50 Shelterbelt Builders Pest Control Recommendation For Preserves 15605 $462.05 *1 First National Bank Miscellaneous Expenses-Photo Contest Prize/Prizes For Youth Geocachers/Recognition Awards 15606 $433.71 Arranged 4 Comfort Ergonomic Chair 15607 $393.16 Orchard Supply Hardware Field Supplies/Zip Ties/Toggle Switch For Fire Pumper I Plumbing Supplies For SAO/Cleaning&Maintenance Supplies For FFO&Annex 15608 $375.34 California Water Service Company Water Service-FFO 15609 $371.16 *3 Fleet Services Fuel Page 1 of 3 '.... r Claims No. 11-12 Meeting 11-20 Date 7/2711 Revised Midpeninsula Regional Open Space District # Amount Name Description 15610 $359.82 *1 First National Bank Rental Residence Expenses-Water System Supplies 15611 $330.36 Foster Brothers Locks&Keys- Fifteen Padlocks/Lock For Rental Residence 15612 289.84$ Krames StayWell Training-Red Cross&CPR Training Materials 15613 $258.91 Safety Kleen Solvent Tank Service-SFO 15614 $252.34 Ergoworks Ergonomic Equipment 15615 $250.00 Del Rey Building Maintenance Janitorial Supplies-AO 15616 $239.75 *1 First National Bank Uniform Expenses 15617 $187.67 Green Waste Garbage Service-SFO 15618 $150.48 State Board Of Equalization Diesel Fuel Tax 15619 $144.90 *1 First National Bank Advertising,Subscriptions&Books-Survey Monkey Monthly Subscription/Recruitment Ad For Accountant/Accounting Book 15620 $140,00 Hoge, Fenton,Jones&Appel Legal Services-Recovery Of Damages Regarding La Honda Pond DR06 15621 $132.64 CMK Automotive Vehicle Maintenance&Repairs 15622 $127.11 Royal Brass Hydraulic Hose Line Assembly&Line Cap For Maintenance Truck 15623 $110.31 Mission Trail Waste Systems Garbage Service-AO 15624 $99.80 Barron Park Supply Plumbing Supplies-RSACP Drinking Fountain Repair 15625 $87.16 *1 First National Bank Volunteer Training Supplies 15626 $81.60 West Payment Center Monthly Subscription For Online Legal Information 15627 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 15628 $77.51 Lampson Tractor Grease Cartridges For FFO Stock 15629 $69.36 Chung,Jean Reimbursement-Mileage 15630 $49.75 Williams,Jennifer Reimbursement-Geocaching Event Supplies 15631 $48.68 O'Reilly Auto Parts Anti-Freeze For FFO Vehicles&Equipment 15632 $43.49 Summit Uniforms Uniform Expense&Key Holders 15633 $38.85 Stevens Creek Quarry Base Rock For DHF 15634 $26.25 Rayne Of San Jose Water Service-Fremont Older 15635 $23.38 Turf&Industrial Equipment Company Tractor Supplies 15636 $20.00 *1 First National Bank Out Of Town Business Meetings-Parking For Meeting In Sacramento 15637 $6.75 Kwik Key Lock&Safe Company Copy Of Keys For Rental Residence 15638 R $2,041.84 Big Creek Lumber Lumber/Hardware For Puncheon At Horseshoe Lake 15639 R $2,000.00 Portola Park Heights Property Owner's Portola Heights Annual Road Dues-4 Parcels Association 15640 R $1,490.07 West Valley Collection&Recycling Dumpsters-Demo Outbuildings At SAO 15641 R $430.00 All Temp Refrigeration Air Conditioner Repair-Rental Residence 15642 R $280.00 John Cozzolino Mowing-Madonna Creek&Miramontes Road Access Area 15643 R $260.68 FedEx Shipping Charges 15644 R $246.55 ADT Security Services Alarm Service-SFO 15645 R $212.02 Petty Cash Vehicle Mileage, Parking&Carwashes/Volunteer Supplies/ Business Related Meals 15646 R $113.64 Roessler, Cindy Reimbursement-Supplies For Tanoak Pollinator Study 15647 R $65.00 Reed, Steve Reimbursement-Uniform Expense 15648 R $64.50 Coblentz, Patch, Duffy&Bass, LLP Legal Services For Federal Trademark Of The District's Logo 15649 R $39.11 California Water Service Company Water Service-Windy Hill 15650 R $35.98 O'Reilly Auto Parts Vehicle Supplies-Anti Freeze 15651 R $35.63 Staples Report Covers&Notebooks 15652 R $4.61 Tadco Supply Janitorial Supplies Page 2 of 3 Claims No. 11-12 Meeting 11-20 Date 7/2711 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $131,987.56 *1 Urgent check issued 7/6/11 The total amount for First National Bank is$6,979.74 *2 Urgent check issued 7/19/11 *3 Urgent check issued 7/20/11 ## In the event agenda item is not approved,this claim will not be processed Page 3 of 3 Midpeninsula Regional ' Open Space District r 1 R-11-72 Meeting 11-20 July 27, 2011 AGENDA ITEM 4 AGENDA ITEM Proposed purchase of the Bureau of Land Management (BLM) property as an addition to the Mount Umunhum area of Sierra Azul Open Space Preserve, located west of Mount Loma Prieta (Santa Clara County Assessor's Parcel Number 562-12-004) GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing the purchase the BLM property. 3. Adopt the Preliminary Use and Management Plan contained in this report, including naming the property as an addition to the Mount Umunhum Area of Sierra Azul Open Space Preserve. 4. Withhold dedication of the property as public open space at this time. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to purchase the 9.21-acre BLM property, at a price of$41,000. The following report presents a description of the BLM property, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions and financial considerations. DISCUSSION The 9.21-acre BLM property is located to the west of Mount Loma Prieta and Mount Umunhum- Loma Prieta Road located along the prominent ridgeline between Mount Umunhum to the north- west and Mt. Loma Prieta to the east. The property straddles the scenic ridgeline visible from Santa Clara and Santa Cruz Counties and is bordered by the District's Sierra Azul Open Space Preserve to the west and south and private properties to the north and east. Property Description (see attached map) The BLM property is an in-holding and natural extension to the Mount Umunhum Area of Sierra Azul Open Space Preserve. The property is situated along the prominent ridgeline between R-11-72 Page 2 watersheds to the north and the Lexington Creek watershed and the lands of San Jose Water Company to the south and west. The property enjoys excellent views of the surrounding Santa Cruz Mountains, Monterey Bay and Santa Clara Valley. The triangular parcel has a level area along its northeast corner, and a seasonal tributary to Los Gatos Creek passes through the western corner of the property. Loma Prieta Road is located approximately one tenth of a mile to the west. The BLM property is accessible from a dirt road which passes through a private property and loops through the north-west corner of the property. This acquisition is most important in terms of protecting scenic views,valuable watershed and wildlife habitat. Except for the dirt road, the property supports dense chaparral community which is dominated by Manzanita. Commonly associated plants include chamise, buckbrush, scrub oak, toyon, coffeberry and coyote brush. Common mammals in the chaparral community include deer, coyote,brush rabbit, and dusky footed wood rat. The property is also identified as potential habitat for the endangered Coast Horned Lizard. Mount Umunhum-Loma Prieta Road serves as patrol and maintenance access to the surrounding preserve. The primary use of the land would be for viewshed protection, watershed protection, and wildlife habitat. USE AND MANAGEMENT Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160-acre minimum lot size based upon a slope density formula. The property is comprised of one legal parcel and has a potential density of one residential site. Residential development of the upper portion of the property would be difficult to the lack of deeded access easement to Loma Prieta Road. Preliminary Use and Management Plan (Next Steps) The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Plan is amended or a Comprehensive Use and Management Plan or Master Plan is approved for the Mount Umunhum area of Sierra Azul Open Space Preserve. The Preliminary Use and Management Plan represents a status quo approach to management. The property will be maintained in its current condition, with no changes anticipated. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. i Public Access: Closed to public use Signs and Site Review and install preserve boundary signs where appropriate. Security: Patrol: Routinely patrol the property utilizing existing dirt road. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to the Mount Umunhum area of Sierra Azul Open Space Preserve. Dedication: Indicate the intention to withhold the property as public open space until the Bear Creek Redwoods/Sierra Azul Open Space Preserve Master Plan is approved. R-11-72 Page 3 I i CEQA COMPLIANCE Project Description The project consists of the purchase of a 9.21 acre property as an addition to the Mount Umunhum area of Sierra Azul Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and will be maintained in a natural condition. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061(b)(3) of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the property. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space by incorporating it into the Mt. Umunhum Area of Sierra Azul Open Space Preserve. The acquisition qualifies under all three sections and is also exempt under Section 15061(b)(3), as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS In March of 2011, the District received an invitation to bid on the purchase of the 9.21-acre BLM property. The BLM determined the property to be surplus land, and offered the property for sale to the adjacent land owners at a minimum sealed bid price of$41,000 ($4,452 per acre). In discussions with adjacent private property owners, it was determined that no competing purchase bids would be submitted. In May of 2011, the District submitted a sealed bid of$4,100 as a ten percent (10%)deposit to the BLM. On May 31, 2011, the District received notice it was the successful high bidder. The remaining purchase price balance of$36,900 will be deposited into escrow to complete this purchase. The property is vacant and being purchased on an"As-Is" basis. Staff has conducted site inspections of the property and is satisfied that no contamination or hazardous conditions exist on the property. I j R-11-72 Page 4 BUDGET CONSIDERATIONS 2011-2012 Budget for New Land Purchases: New Land $13,495,000 Land purchased this year $ 4,063,000.00) BLM Property Purchase ($ 41,000.00) New Land Purchase Budget Remaining $ 9,391,000.00 District Controller Mike Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTICE i The neighboring property owners and individuals previously expressing interest in the Sierra Azul Open Space Preserve have been mailed written notices of this meeting. The agenda and this report have been made available on the District website. In addition, public notice was provided as required by the Brown Act. REAL PROPERTY COMMITTEE REVIEW The subject property does not contain any structures. The Real Property Committee has not and will not be able to visit the property for the foreeable future as it is inaccessible due to its � c a hs of the location in a continuous brush field and lacks deeded trail or fire road access. Photo�' p site have been provided to the committee. NEXT STEPS I Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District's Foothills Field staff will manage the property as an addition to the Mount Umunhum area of Sierra Azul Open Space Preserve. Attachments: 1. Resolution 2. Map Prepared by: Michael Williams, Real Property Manager Contact person: Michael Williams, Real Property Manager i Graphics prepared by: Casey Cleve, GIS Coordinator i RESOLUTION 11-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,AUTHORIZING GENERAL MANAGER OR OTHER V OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE -LANDS OF UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF LAND MANAGEMENT) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby approve the offer contained in that certain Notice of High Bidder between the United States Department of the Interior and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof to acquire the real property described therein("the BLM Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. I Section Four. The General Manager is authorized to expend up to $2,000 to cover the cost of title insurance escrow fees and other miscellaneous costs related to this transaction. ce Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Notice of High Bidder and documents which do not involve any material change to any term therein and which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its 1� q p intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximumprincipal amount of$41,000 and to use a p g portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the BLM Property that are paid before the date of issuance of the obligation. i i i I 71 _ r'r �F To Mt. Umunhumee VK M 7 1 ll , s� Oma '° o low �7 t i e r ra A z u l w \ Space Preserve � .4 CL: _! .. Q/ i San � � / Jose / BLM 9.21 Acres 1 Water cos oma j ek Company r'Aa 4r �� d k• San Jose � I 85 LoAWL I1� t . < P r i e6 �^ -<` Ranch r�of Soquel A l - 17 Detail Demonstration Forest BLM Parcel Addition to Sierra Azul Open Space Preserve BLM Parcel Management Agreement Midpeninsula Regional ® Open Space District MROSD Preserve Land ' Watershed Land July 2011 Other Protected Open Space ■ or Park Lands Miles ■ � 0 0.15 03 0.6 Midpeninsula Regional Open Space District R-1 1-73 Meeting I I-19 July 13, 2011 AGENDA ITEM 6 AGENDA ITEM Proposed Purchase of the Stanton Trust(Crites) Property as an Addition to the Mount Umunhum Area of Sierra Azul Open Space Preserve(Santa Clara County Assessor's Parcel Number 575- 06-001) located in Unincorporated Santa Clara County, at 20466 Reynolds Road, Los Gatos, CA GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing purchase of the Stanton Trust (Crites)property. 3. Adopt the Preliminary Use and Management Plan recommendations contained in this report and name the property as an addition to the Mount Umunhum Area of Sierra Azul Open Space Preserve. 4. Withhold dedication of the property as public open space at this time. SUMMARY The Midpeninsula Regional Open Space District(District) is proposing to approve a purchase agreement for the 175.87-acre Stanton Trust (Crites) Property, at a price of$1,432,000. The following report presents a description of the Stanton Trust(Crites) Property, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions, and the fmancial considerations. DISCUSSION Property Description The 175.87-acre Stanton Trust (Crites) property is located four miles east of the Town of Los Gatos, in the vicinity of Guadalupe Reservoir and Almaden Quicksilver County Park. Mount El Sombroso towers above, one half mile southwest, and north is the former Rancho de Guadalupe property. The property is surrounded by the Mount Umunhum Area of Sierra Azul Open Space Preserve on all sides. It is approximately one-half mile east of the Woods Trail,the designated R-11-73 Page 2 Bay Area Ridge Trail, which passes through Sierra Azul Open Space Preserve on its way from Lexington Reservoir County Park to Almaden Quicksilver County Park. Prominent natural features of the Stanton Trust(Crites)property include diverse oak woodlands, creeks, and rugged hillsides. The steeply sloping property is perched on the edge of the Santa Clara Valley, with elevations ranging from 1,400 feet at the lowest point along Hicks Creek to Y g g p g 2,300 feet at the top. Spectacular eastward views of the Almaden Valley, San Jose, and Mount Hamilton unfold below. Located high on the northeast-facing forested slope, the scenic qualities of the property itself are most evident from Almaden Quicksilver County Park to the north and from the District's Newhagen Meadows (Guadalupe Land Company)property to the east. The property comprises a portion of the upper headwaters of Hicks Creek, which conveys flows from Cherry Springs and the Mount El Sombroso watershed to Guadalupe Creek. Several year- round springs and a man-made spring-fed pond on the property contribute to the lushness of the creek corridor. Hicks Creek is regarded as potential steelhead habitat, it being the last available tributary on Guadalupe Creek below the reservoir dam, and is also potential habitat for the California Red-Legged Frog. The southern three quarters of the Stanton Trust(Crites)property is densely wooded with a mature California Bay/Canyon Live Oak forest. The northern quarter is more varied, dominated by Bay/Coast Live Oak woodland with pockets of Manzanita and Mountain Mahogany Chaparral on serpentine soil outcrops and Big Leaf Maples in the drainages. All improvements are located in the northern quarter of the property. Access to this irregularly shaped property is via Reynolds Road, a County-maintained paved road ascending steeply from Hicks Road. Deeded vehicular access from Reynolds Road is via an existing private road that travels through District lands to the north. The access road is in good condition. Generally, the existing internal ranch roads are in good condition, although certain sections are steeper than the District standard. A well-maintained road climbs up the ridge into the Preserve and connects to the Bay Area Ridge Trail at Mount El Sombroso at an elevation of 2,999 feet. Improvements on the lower property affect about six acres, reflecting use since the late 1940s for residential purposes. Three graded flats are present; the lowest flat is improved with a two bedroom, two bath main residence built in the early 1950s. The residence has a substandard septic tank with no leach fields and the springs are minimally improved. A garage, non- operational vehicles and several outbuildings are associated with the main residence. The remains of an unpermitted second residence and several storage containers used as horse stalls are located on a flat above the main residence. Other improvements include electrical power, a spring-fed water system, water piping and old fence remnants. Although 60 to 70 years old, the structures are of a utilitarian nature and do not appear to have any unique historic or architectural merit. The Stanton Trust(Crites)property does not have any mining history or association with the New Almaden mines. No evidence was found indicating that the property contains significant historic resources. R-11-73 Page 3 Modern residential development of the property would be highly visible from the surrounding open space and parklands, severely impacting the scenic qualities. As well as eliminating a substantial inholding within Sierra Azul Open Space Preserve and securing valuable trail use connections for the future, this purchase is also vital for protecting watershed,biodiversity, and wildlife linkages. The District's Regional Open Space Study identifies the property as having potential major trail connections from the Rancho de Guadalupe and Newhagen Meadows areas of Sierra Azul Open Space Preserve to the Bay Area Ridge Trail (Woods Trail)near Mount El Sombroso. The Bay Area Open Space Council's Conservation Lands Network,the result of their Upland Habitat Goals Project, identifies the Stanton Trust (Crites)property as"Essential to Conservation Goals", indicating that it is an essential component of a network of conservation lands for biodiversity preservation. The property is also part of draft Santa Cruz Mountains to Hamilton Range Linkage Network being prepared by the Moore Foundation-funded Bay Area Critical Linkages Project, a collaborative, interagency effort to identify and protect critical functional linkages within the San Francisco Bay Area eco-region and connections to adjacent eco-regions. USE AND MANAGEMENT Planning Considerations The Stanton Trust(Crites)property is located just outside of the Los Gatos Sphere of Influence within unincorporated Santa Clara County and is zoned HS (Hillside), requiring a 20-to 160- acre minimum lot size based upon a slope density formula. The property consists of one legal parcel with one residential site allowable. Further residential development would be feasible given the existing access road and two existing level building pads. The property is subject to a Land Conservation(Williamson Act) Contract dated February 20, 1974, which is in nonrenewal status and is slated to terminate on January 1, 2020. Pursuant to Government Code Section 51291, the District has notified the State Department of Conservation of the proposed purchase of land subject to Williamson Act contract. Although not proposed for Board consideration at this time, the property could be used in the future for low intensity recreation, eventually using the existing roads to connect between the future recreational opportunities available in the Preserve's Rancho de Guadalupe Area and the Bay Area Ridge Trail (Woods Trail) near Mount El Sombroso. District staff has concluded that numerous costly improvements would be required to bring the residence and associated structures up to the standards of the District's rental program. Moreover, unoccupied properties in this vicinity can quickly become an attractive nuisance. For this reason, staff recommends removal of the residence and outbuildings, and re-vegetating the building pads for erosion protection. As an acknowledgement of the family's long history in the area, the purchase agreement permits designated members of the Stanton and Crites families to obtain a District hiking permit to visit the property while it is closed. Standard District permit procedures would be followed. R-11-73 Page 4 Preliminary Use and Management Plan (Next Steps) The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Plan is amended or a Comprehensive Use and Management Plan or Master Plan is approved for Sierra Azul Open Space Preserve. The Preliminary Use and Management Plan represents a status quo approach to management, including securing the site,posting signs, conducting resource management activities, and removing structures that are not necessary for management, as described more fully below. The property will be maintained in a natural condition. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. Consistent with the purchase agreement and District procedures, permit designated members of the seller's family to obtain a short-term visitor permit to hike or picnic on the property. Signs and Site Install Preserve gates, as well as boundary and closed area signs where Security: appropriate. Structures and Demolish and remove the residential building, outbuildings and associated Improvements: infrastructure. Demolition and removal of these structures are estimated at $35,000, as a cost associated with the proposed purchase. Re-vegetate the building sites for erosion control purposes. Disconnect the water system from the source spring. Resource Conduct invasive plant and animal management activities consistent with the Management: District's standard policies and procedures. Patrol: Routinely patrol the property utilizing existing roads. Wildfire Fuel Further assess vegetative communities to determine wildfire management Management: needs. Roads and Maintain existing roads in serviceable condition. Implement minor erosion Trails: and sediment control measures as needed. Site Safety No known safety hazards exist on the site. Inspection: Name: Name the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. Dedication: Withhold dedication of the property as public open space at this time. Subsequent Integrate the property into the Sierra Azul Open Space Preserve Master Plan Planning: currently under preparation. R-11-73 Page 5 CEQA COMPLIANCE Project Description The project consists of the acquisition of a 175.87-acre property as an addition to the Mount Umunhum Area of the Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and maintained in its current natural condition. Minor road maintenance and resource management activities are proposed to reduce erosion potential and control invasive plants. The residence, along with associated infrastructure, is proposed for demolition. No decisions are being made now about future changes to use, management, or improvements proposed. Ultimately, the property will be included in the Master Plan for the Sierra Azul Open Space Preserve, currently under preparation and subject to further public input and subsequent environmental review. The outcome of this future decision making process is speculative at this time. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA under Sections 15301, 15316, 15317, 15325 and 15061(b)(3) of the CEQA Guidelines as follows: Section 15301 exempts the repair, maintenance, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination, including the demolition of individual small structures and site restoration. The project proposes demolishing a residence and ancillary structures and improvements, and performing minor resource management work including re-vegetation for erosion control purposes. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition, and the management plan proposes to keep the area in a natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open-space character of an area. The District will acquire fee interest and maintain the open-space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership to the District and ensure that the property will be preserved as public open space by incorporating it into the Mount Umunhum Area of Sierra Azul Open Space Preserve. The actions proposed are also exempt under Section 15061(b)(3), as there is no possibility the actions may have a significant effect on the environment. I R-11-73 Page 6 TERMS AND CONDITIONS The 175.87 acre Stanton Trust (Crites)property is proposed for purchase at a price of$1,432,000 on an all-cash basis at the close of escrow. The property consists of one residential building site improved with an older single family residence in poor condition with panoramic views of the Santa Clara Valley, Almaden Quicksilver County Park and Mount Umunhum. It was originally listed on the open real estate market at $3,700,000 in 2004, and reduced to $2,700,000 at the beginning of 2011. Ongoing negotiations with the property owner resulted in the agreed upon purchase price of$1,432,000, which is well supported by recent sales and property purchases by the District in this area. As a condition of the purchase agreement, the seller has agreed to remove personal property and debris by the close of escrow including the remains and foundation of the unpermitted second residence that burned down in March, 2006. The District is withholding$4,500 in escrow to ensure that these items are cleaned and removed to the District's satisfaction. Staff has also reviewed disclosure documents provided by the seller, conducted several site inspections with a licensed demolition contractor, staff has also contacted Santa Clara County's Planning, Building and Environmental Health Departments and is satisfied that no underground storage tanks or hazardous wastes exist on the property. The purchase agreement also provides that the seller's immediate family members may request a permit to enter from the District to visit the property in the future for hiking or picnicking. BUDGET CONSIDERATIONS 2011-2012 Budget for New Land Purchases: New Land $13,495,000 Land purchases approved this year 2,631,000 Stanton Trust(Crites) Property ($ 1,432,000) New Land Purchase Budget Remaining $ 9,432,000 PUBLIC NOTICE Neighboring property owners and individuals previously expressing interest in Sierra Azul Open Space Preserve have been mailed written notices of this meeting. The agenda and this report have been made available on the District's website. Therefore, public notice was provided as required by the Brown Act. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the Stanton Trust (Crites) property. The District's Foothills Field Office will manage the property as an addition to the Sierra Azul Open Space Preserve in accordance with the adopted Preliminary Use and Management Plan. Staff will review the priority of the R-11-73 Page 7 demolition of the residence as compared to other projects, correlate with staff capacity, and incorporate the demolition of the residence into the District Action Plan and budget. Attachments: 1. Resolution 2. Map Prepared by: Sandra Sommer, Senior Real Property Planner Michael C. Williams, Real Property Manager Contact person: Michael C. Williams, Real Property Manager Graphics prepared by: Alex Roa, GIS Intern i I RESOLUTION 11-XX RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF STANTON REVOCABLE TRUST) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement with William T. Crites, Successor Trustee of the Stanton Revocable Trust dated March 4, 1986, and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein("the Stanton Trust Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $40,000 to cover the cost of title insurance, escrow fees, demolition and site cleanup and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions,to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. •Los Gatos �o�ds y` Alm c�en uickAver 17 ee �e� as County-Park Ip Area of 4 - Detail i F ti . . Si riru - f Stanton Trust jj w ,, jt 175.87 acres - j • 7 , d P 7- s rrdj(' Mt. Et.._.. �'oinbroso, - r / - a } J Proposed Addition to Sierra Azut Open Space Preserve, Stanton Trust (Crites) Property Midpeninsuta Regional Highlighted Property Partial MROSD Ownership Open Space District MROSD Preserves Non MROSD Conservation (MROSD) or Agricultural Easement Other Protected Open Space r MROSD Conservation e or Park Lands --- '- or Agricultural Easement June, 2011 Private Property Watershed Land mile, ' 0 0.25 0.5 White the District strives to use the best available digital data.this data does not represent a legal survey an is merely a graphic illustration of geographic reatures. Midpeninsula Regional • ' Open Space District M R-I1-62 Meeting I 1-20 July 27, 2011 AGENDA ITEM 5 AGENDA ITEM Adoption of a Comprehensive Use and Management Plan Amendment for Ravenswood Open Space Preserve, Approval of a Partnership Agreement Amendment to allow the City of East Palo Alto (City) to begin site remediation and initial public access work at Cooley Landing, Approval of a Joint Permitting Agreement among the District, City of East Palo Alto and City of Menlo Park to facilitate the development review process of the proposed Cooley Landing Project, and Concurrence with the City's Certification of the Mitigated Negative Declaration (MND) GENERAL MANAGER'S RECOMMENDATIONS Ar 1. Adopt the Comprehensive Use and Management Plan Amendment as contained in this report. 2. Find that the District, acting as a Responsible Agency, has reviewed and considered the MND prepared by the City of East Palo Alto as lead agency, and concurs with the findings therein with respect to the Project. 3. Adopt the attached Resolution authorizing execution of the Partnership Agreement Amendment with the City of East Palo Alto for the Cooley Landing Area and the Joint Permitting Agreement among the District, the City of East Palo Alto. and the City of Menlo Park. SUMMARY On February 24, 2010, the Board adopted a Resolution authorizing execution of a Partnership Agreement with the City of East Palo Alto (City) for the Cooley Landing Area with the goal of developing the site into a park (see Report R-10-29). On July 14, 2010,. the Board received an oral presentation on the Cooley Landing Vision Plan and gave its support for using the Vision Plan as the Project Description for the environmental review process (see Report R-10-85). In support of the proposed Project, the District, as a Responsible Agency whose action is needed for the Project to proceed, assisted the City with its California Environmental Quality Act (CEQA) review of the Project. The City certified a MND for the Project on February 15, 2011. Since then, the District has continued to actively participate in the City's planning, design, and environmental review process, including providing input on the bid documents the City has prepared for implementation of Phase 1 of the Project. Phase 1 includes site remediation and R-1 1-62 Page 2 initial public access via a proposed trail loop through the site. The City hopes to begin remediation work in late September 2011. The two Amendments and the Joint Permitting Agreement before the Board are critical path items that will allow the City to begin construction, and after the work is complete, conduct operations and maintenance for Cooley Landing. DISCUSSION Background The Comprehensive Use and Management Plan for Ravenswood Open Space Preserve (Preserve) was last amended by the Board on February 24, 2010 (see Report 10-29)to designate a portion of the Preserve as the "Cooley Landing Area" (see Exhibit A), and authorize execution of a Partnership Agreement with the City for the Project. The Partnership Agreement better positioned the City for grant funding opportunities, including Proposition 84 monies (Statewide Park Development and Community Revitalization Program of 2008 through the California Department of Parks and Recreation). The Partnership Agreement describes the various roles, responsibilities, and the anticipated timeframes for Project development. The Partnership Agreement sets a methodical and phased approach with milestones to accomplish the long-term development of the Cooley Landing Area. Tasks under Milestone I consist of planning, design, and environmental review of the Project. Tasks under Milestone It consist of bidding and construction of the final design. Tasks under Milestone III consist of the official opening and subsequent management and operation of the Project. As the City proceeds with Project implementation, amendments to both the Comprehensive Use and Management Plan and the Partnership Agreement must be in place prior to initiating each new Milestone under Phase I of the Vision Plan. Timing is critical to allow the City to expend grant funds awarded to date, many of which will expire in 2012. Given these deadlines, the City is motivated to begin construction as soon as all necessary permits are obtained. To facilitate continued progress on the Project, the General Manager recommends that the Board adopt the Comprehensive Use and Management Plan Amendment, the Partnership Agreement Amendment with the City and the Joint Pen-nitting Agreement among the District, the City of East Palo Alto, and the City of Menlo Park for the Cooley Landing Area. COMPREHENSIVE USE AND MANAGEMENT PLAN AMENDMENT The Comprehensive Use and Management Plan Amendment addresses Phase I of the Vision Plan only and, if approved by the Board, will be amended in the future as the City implements subsequent phases of the Vision Plan. Implementation of future phases will depend on funding availability and the restricted period of time that construction may take place, from September I" to January I s', due to regulatory agency concerns about nesting clapper rail. Phase I includes site remediation in the form of a soil cap over the entire project area past the Preserve parking lot. Phase I also includes a proposed trail loop, accessible parking spaces, picnic tables, trash cans, a portable restroom, and possibly temporary bike racks. This Amendment supersedes prior use and management plans for the Cooley Landing area of Ravenswood Open Space Preserve. R-11-62 Page 3 Operation and Related to the Citys responsibilities: Maintenance of Allow the City to: Cooley 1. Operate and maintain the Cooley Landing area. Landing: Site Safety Related to the City's responsibilities: Inspection: Allow the City to: 1. Install a soil cap over the Cooley Landing area of the Preserve as part of the Remedial Action Plan (RAP) as approved by the Regional Water Quality Control Board (Regional Board). 2. Remove 40 to 50 existing trees as part of the RAP to install a soil cap as required by the Regional Board and San Mateo County Environmental Health Division. Related to the District's responsibilities: 1. Commit to working with the Regional Board and the City to establish institutional control to implement operations and maintenance of the soil cap in perpetuity. Public Access: Related to the City's responsibilities: Allow the City to: 1. Share the use of the Preserve parking lot for users to access both the Preserve and Cooley Landing. 2. Improve and pave the existing drive and parking lot. 3. Add accessible parking spaces on District land as part of the City's proposed access roadway within Cooley Landing. 4. Install a portable restroom as a temporary measure in preparation for permanent facilities in future phases. 5. Install picnic tables and trash cans. 6. Install temporary bike racks if so desired. Related to the Districts responsibilities: 1. Upon completion of construction, designate the now closed Cooley Landing area of the Preserve open to the public. 2. Designate the proposed loop trail through Cooley Landing as a Bay Trail spur trail segment. 3. Prohibit equestrian and dog use in the Cooley Landing area. 4. Issue a Right of Entry to the Cooley Landing Area to the City consistent with the Agreement and Amendment for a 3 5-year term. 5. Commit to working with the City to study the effects and implications of allowing fishing and kayaking/canoeing off the District's portions of the Cooley Landing area. R-11-62 Page 4 Signs and Site Related to the City's responsibilities: Security: Allow the City to: 1. Install new information, interpretive, and regulatory signs associated with the Cooley Landing area, including: • Partners recognition sign • Entry sign at the main gate at the end of Bay Road, which will r include the Preserve • Bay Trail signage • City rules and regulations signage, which will direct the public to direct calls to the City for Cooley Landing related issues • Accessible parking signage 2. Install an automatic electric gate to facilitate and automate opening and closing of the Preserve and Cooley Landing,thereby relieving the District of the need to close the gate in the evening. City staff currently opens the gate in the morning on most days (City holidays and weekends are the exception). Structures and Related to the City's responsibilities: Improvements: Allow the City to: 1. Install a utility trench and associated utilities for future project phases down the center of the existing access drive 2. Remove the existing barbed wire fencing and metal gate preventing access to Cooley Landing 3. Remove the existing wood curb fencing along the access drive to facilitate the proposed roadway improvements 4. Install new fencing to prevent access to existing wetlands to the south. Related to the District's responsibilities: 1. Commit to working with the City to adjust the current access easement to follow the center of the drive instead of the southern edge of the parcel. Resource Related to the City's responsibilities: Management: Allow the City to: 1. Conduct invasive plant and animal management activities, including any required predator control, consistent with the District's standard policies q and procedures. 2. Remove existing invasive vegetation and restore with drought-tolerant herbaceous plants and grasses. 3. Remove 40 to 50 existing trees to install a soil cap as required by the Regional Board. 4. Allow the City to retain a selection of existing trees if permitted by the regulatory agencies. R-11-62 Page 5 Patrol: Related to the City's responsibilities: Allow the City to: 1. Continue to jointly patrol the access drive and existing Preserve parking lot. 2. Continue patrolling Cooley Landing. Related to the District's responsibilities: 1. Continue to routinely patrol the Preserve utilizing the existing access drive and trails, existing and proposed. 2. Commit to working with the Menlo Park Fire Protection District (Fire District)to allow the Fire District to conduct rescue and training operations from the proposed airboat launch area at Cooley Landing. Roads and Related to the City's responsibilities: Trails: Allow the City to: 1. Jointly maintain the existing Preserve lot and access drive. 2. Maintain the Cooley Landing parking area and Cooley Landing trails. CEQA: A MND was prepared in 2009 by the City as lead agency, circulated for public comment, and certified by the City on February 10, 2011. The City will implement the Mitigation Monitoring and Reporting Program (MMRP) during all phases of construction, operation and maintenance. Dedication: The Preserve is currently comprised of 372 acres of dedicated open space land. Subsequent Future coordination with the City and other agencies includes the following: Planning and l. Under the leadership of the City, continue to work in partnership to Coordination: develop future phases of the Vision Plan for the Cooley Landing area, with the overall goal of developing a public park featuring environmentally compatible recreational amenities for the benefit of the community, such as nature study, historic interpretation, outdoor education, and low-intensity outdoor recreation. 2. Commit to working with the City to study the effects and implications of allowing fishing and kayaking/canoeing off the District's portions of the Cooley Landing area. 3. Establish institutional control for long-term operations and maintenance of the soil cap as required by the Regional Board. 4. Establish a use/access agreement with the Menlo Park Fire Protection District. 5. Commit to working with the City to adjust the current access easement to follow the center of the drive instead of the southern edge of the parcel. 6. Designate the proposed new loop trail as a Bay Trail spur trail segment. R-I 1-62 Page 6 7. Amend the Partnership Agreement as needed and as the City moves forward with future phases of work and establish parameters of future park operations and maintenance. PARTNERSHIP AGREEMENT AMENDMENT The Amendment to the Partnership Agreement addresses only Phase I of the Vision Plan, and provides a framework within which the District and the City can coordinate in the future as more phases are developed and constructed. The City would coordinate and provide the District with the opportunity to review, approve, and comment on construction plans and specifications and bid packages prepared by City for all subsequent phases of Project construction and implementation. The Amendment to the Partnership Agreement allows for all of the elements in the Use and Management Plan Amendment listed in the above section. In addition, the Amendment addresses use, operations, and maintenance of Cooley Landing, including the following: 1. Equestrian and dog use is prohibited except for guide and service dogs. 2. The City will continue to open the gate to Cooley Landing and the Preserve no later than 9 a.m. and close the gate one half hour after sunset every day. The operating hours of Cooley Landing will match the Preserve's hours. 3. The City will enforce City regulations and ordinances and County ordinances at Cooley Landing. 4. The City will guard against or eliminate fire hazards, including prohibiting smoking or allowing vehicles to be parked on dry grass. 5. The City will issue permits for vending and special uses at Cooley Landing subject to District regulations. 6. The City will maintain Cooley Landing, including trails, infrastructure (lights, utilities, signs, picnic tables, trash cans, restroom, etc.), landscaping, regular trash removal, graffiti removal, and other maintenance as required to keep the park in a high-quality condition. 7. The City will also follow the standards of care outlined in the MND and MMRP certified by its City Council on February 15, 2011. 8. The City will continue to patrol Cooley Landing past the Preserve parking lot and share patrol responsibility of the existing access drive and Preserve parking lot. The District will continue to patrol the Preserve and associated trails. The District and City will continue to prepare and present amendments to the Partnership Agreement as the Project continues from one phase of construction to the next. Amendments to the Partnership Agreement, authorizing each phase, will be brought back to the Board for consideration and approval. R-11-62 Page 7 JOINT PERMITTING AGREEMENT The proposed Project is located within the jurisdictions of the City of East Palo Alto and the City of Menlo Park (the Cities). Staff for the Cities and District collaborated on developing a draft Joint Permitting Agreement to achieve a timely, efficient, orderly and proper development review process for the proposed Project in accordance with the land use regulations of the respective jurisdictions of the Cities. Under the proposed Joint Permitting Agreement, if the Project is approved and implemented, then the City of East Palo Alto would serve as the lead permitting agency for all necessary Project approvals. Accordingly, under the terms of the proposed Joint Permitting Agreement, a Conditional Use Permit would be the only Project approval that the City of East Palo Alto would be required to obtain from the City of Menlo Park for that portion of the Project proposed to be developed within Menlo Park's jurisdictional boundaries. The proposed Joint Permitting Agreement would terminate upon completion of the Project or upon determination by the District or the City of East Palo Alto that environmental or legal obstacles to the proposed Project would render its implementation infeasible. FISCAL IMPACT Construction of Phase I is expected to begin in the fall of 2011 and is being financed by City funds and City-obtained grants. No District funds will be expended other than those required for District coordination, monitoring, and review which is included in the FY2011-12 budget. The City has obtained approximately $1.7 million in grant funds for the Project, including a$200,000 grant recently awarded in early June from the U.S. Environmental Protection Agency (US EPA) Brownfields Cleanup Grant Program. City staff continues to actively seek grant funding for future phases of the Project. PUBLIC NOTICE Public notice of this Agenda Item was provided pursuant to the Brown Act. No additional notice is required. CEQA COMPLIANCE Amending the Comprehensive Use and Management Plan and the Partnership Agreement and entering into the Joint Permitting Agreement are consistent with the MND and MMRP for the Cooley landing Vision Plan as certified by East Palo Alto's City Council on February 15, 2011 (see Attachment 4). The District, acting as a Responsible Agency, has reviewed and considered the MND and MMRP and concurs with the findings therein with respect to the Project. NEXT STEPS Following Board approval of the proposed Amendments and Joint Permitting Agreement, Project implementation is anticipated to begin in the fall of 2011 with completion estimated by the summer of 2012. District staff will continue coordinating with the City throughout the construction of Phase I of the Vision Plan. District staff will also continue coordinating on the Subsequent Planning and Coordination elements listed above under the Comprehensive Use and Management Plan Amendment. Staff will bring these items to the Ad Hoc Committee for review and recommendation and then to the full Board at a public meeting likely in the spring of 2012. R-11-62 Page 8 Attachment(s) 1. Resolution 2. Partnership Agreement Amendment 3. Signed Partnership Agreement dated February 24, 2010 4. Joint Permitting Agreement 5. Map 6. City of East Palo Alto Staff Report regarding NIND and MMRP for City Council meeting on February 15, 2011 Prepared by: Tina Hugg, Open Space Planner 11 Contact person: Tina Hugg, Open Space Planner 11 Graphics prepared by: Galli Basson, Planning Technician RESOLUTION NO. 11-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE AMENDMENT TO PARTNERSHIP AGREEMENT WITH THE CITY OF EAST PALO ALTO AND THE JOINT PERMITTING AGREEMENT AMONG THE DISTRICT, CITY OF EAST PALO ALTO AND CITY OF MENLO PARK FOR THE COOLEY LANDING AREA OF RAVENSWOOD OPEN SPACE PRESERVE The Board of Directors of the Midpeninsula Regional Open Space District ("District") does resolve as follows: Section One. The District and City of East Palo Alto are parties to the Partnership Agreement ("Agreement") for the Cooley Landing Project ("Project") dated February 24, 2010. District and City wish to enter into an amendment to the Agreement in the form attached hereto as Exhibit A and made a part hereof which, among other things, would establish a template of terms and conditions that the parties would incorporate into the Agreement to continue facilitating development of future phases of the Project. Section Two. The proposed Project is located within the jurisdictions of the cities of East Palo Alto and Menlo Park("Cities"). To achieve a timely, efficient, orderly and proper development review process for the proposed Project in accordance with the land use regulations of the respective jurisdictions of the Cities, the Cities and District wish to enter into a joint permitting agreement, in the form attached hereto as Exhibit B and made a part hereof which, among other things, would provide that if the proposed Project is approved and implemented, then the City of East Palo would serve as the lead agency for permitting approvals. Section Three. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Amendment to Partnership Agreement ("Amendment")between the District and the City of East Palo Alto and the Joint Permitting Agreement among the District, the City of East Palo Alto and the City of Menlo Park. The Board hereby authorizes the President or other appropriate officers to execute said Amendment and the General Manager or the General Manager's designee to execute the Joint Permitting Agreement on behalf of the District. Section Four. The General Manager and General Counsel are further authorized to approve minor revisions to the Amendment and/or Joint Permitting Agreement which do not substantially change any material terms of the Agreement. The General Manager or the General Manager's designee is further authorized to execute any and all other documents necessary or appropriate to entering into the Amendment and/or Joint Permitting Agreement. ATTACHMENT 2 AMENDMENT TO PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT This Amendment to Partnership Agreement ("Amendment") is entered into by and between the City of East Palo Alto, a municipal corporation ("City"), and the Midpeninsula Regional Open Space District, a public district under the laws of California("District"), dated ("Effective Date"). WHEREAS, the City and District are parties to that certain Partnership Agreement between the City of East Palo Alto and the Midpeninsula Regional Open Space District for the Cooley Landing Project ("Project") dated February 24, 2010 ("Agreement"). WHEREAS, Section 4 of the Agreement provides that City and District shall meet and discuss in good faith all necessary amendments that may be needed at the completion of each plan review and permitting process to allow the Project to continue to the next Milestone (defined below). WHEREAS, the plan review and permitting process Milestone for Phase I of the Project, remediation and trail access is near completion and the parties have discussed certain terms and conditions that should be reflected in the Agreement going forward. WHEREAS, District and City desire to enter into this Amendment to, among other things, establish a template of terms and conditions which the parties wish to incorporate into the Agreement to continue facilitating development of future phases of the Project. WHEREAS, except where specifically stated the terms and conditions set forth herein shall supplement those terms and conditions set forth in the Agreement. WHEREAS, capitalized terms used but not defined in this Amendment shall have the respective meanings provided in the Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and obligations contained herein, City and District agree to the Amendment as follows: I. Recitals. The recitals above are incorporated by reference as though fully stated herein. 2. Project Milestones. The term "Phase" as used and described in Section 2 of the Agreement is hereby deleted and replaced with the term "Milestone." The term "Phase," when used herein and in any subsequent amendment, shall refer to a phase or those phases of Construction as more specifically described in the Cooley Landing Vision Plan Project Plans and Specifications approved in concept by the City of East Palo Alto on July 20, 2010 ("Vision Plan") and incorporated herein by reference. 3. Term. The third sentence in Section 3 is hereby deleted in its entirety and shall be replaced with the following: "The maximum term of this Agreement shall not exceed 35 years without a written renewal or extension entered into by the parties acting on the authority of their appropriate legislative body." 4. Fulfillment of Conditions. City agrees to cause the construction of the Project ("Construction") and fulfill all conditions imposed by the City's Planning Commission, City Council, District and other applicable laws and regulations. 5. Applicability of Mitigated Negative Declaration. City acknowledges and agrees that all activities performed or caused to be performed on the Preserve and in all Phases of the Project, now and in the future, shall be done in accordance with the Mitigated Negative Declaration and Mitigation Monitoring Program No. 10-13 certified and adopted by the East Palo Alto City Council on February 15, 2011, attached hereto as Exhibit A and made a part hereof. 6. Grant of Permit to Enter; Conditions. District hereby grants City a pen-nit to enter the Preserve in connection with the Construction for Phase One of the Vision Plan. District and City understand and acknowledge that while the parties intend for this Amendment to serve as a template of terms and conditions to govern all phases of Project construction, the permit granted by District to City pursuant to this Section 6 is only applicable for Phase One activities as described in the Vision Plan. The parties further understand and acknowledge that City must receive a permit to enter from District prior to commencing any subsequent Project Construction Phase on the Preserve. Activities in connection with this permit to enter are subject to the following conditions, which City shall incorporate into any Phase One Construction agreement: a. City shall at all times comply with all applicable District regulations, and with all other applicable federal, state and local authorities, laws, ordinances and regulations. b. City shall limit the Construction activities on the Preserve to the area specifically depicted on Exhibit B and may not conduct activities on any District property outside of this area without prior written approval of the District. c. If fueling must occur on-site, City shall cause designated areas located away from drainages and a drip pan to catch spills to be used. City shall use its best efforts to ensure that vehicles do not block roadways unless the vehicle is attended and can be moved immediately. d. City shall cause all equipment and tools on the Preserve to be used with reasonable care and diligence, and take such precautions as are necessary to avoid damage to land, property, and people. District assumes no risk and shall have no responsibility for safeguarding Construction equipment, property, and personnel from injury, death, or damage as a result of the construction of the Project. e. All vehicles involved in Project construction shall carry properly maintained ABC fire extinguishers while on the Preserve. f. City shall cause all concrete mixing to be done in secure containments. Concrete shall not be mixed within five feet of any waterway. Cleaning of tools shall occur in secure containments; City shall not allow tools to be cleaned in drainages or water bodies. All concrete waste shall be off-hauled; water is allowed to first evaporate in containments for ease of off-haul. g. City shall leave the Preserve in a condition equal to or better than the condition at commencement of Construction. h. City shall promptly notify the District upon completion of the Construction conducted hereunder. 7. Construction. a. Construction Plans and Specifications. District acknowledges that the City has provided, and the District has reviewed and commented on, in-progress plans for Phase One of Construction. For District's review, City will provide District with a final bid package for the Phase One of construction upon completion and prior to public release. City will provide District the opportunity to review and comment on construction plans and specifications and bid packages prepared by City for all subsequent Phases of Project construction prior to their implementation. All improvements shall be installed in accordance with all such corresponding construction plans and specifications. b. Commencement. Construction of the Project improvements shall commence and be performed by the City in an expedited, workmanlike manner. City shall provide District with a Construction schedule ("Construction Schedule") for each Phase of Construction within ten days following pre-Construction meetings that are held for each Phase of Construction. City shall use its best efforts to ensure that each Phase of Construction commences and proceeds in accordance with the Construction Schedule. The City shall notify the District, in writing and in a timely manner, of the timeframes established by the City for each bid opening process for each Phase of Project construction and any modifications thereto. c. Completion. City shall take all steps necessary to cause diligent prosecution and completion of the Project construction within the times set forth in the Construction Schedule. d. Coordination. City recognizes that the District may concurrently continue to utilize the District portions of Area B (as defined in the Agreement), which may remain open to the public as determined by the District in its sole discretion. District and City shall meet and confer on a regular basis in order to coordinate all development and construction work. e. Construction Safeguards. City shall cause all necessary safeguards for the protection of workers and the public, as required by the conditions and the progress of Project work, to be erected and properly maintained at all times. 8. Inspection and Access to Work. All equipment, materials, and work shall be subject to inspection by the District. The District may at any time, subject to and in accordance with all applicable laws and regulations, observe the progress and quality of the work and determine, in general, if Construction is proceeding in accordance with the corresponding Construction plans and specifications. The District is not required to make comprehensive or continuous inspections to check the quality of the work, and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work. Visits and observations made by the District shall not relieve the City of its obligation to conduct comprehensive inspections of the work and to cause the furnishing of proper materials, labor, equipment and tools, construction of acceptable work, and providing adequate safety precautions, in conformance with the Agreement, as amended. If District discovers an issue during an inspection, the District may contact the City, and the City shall address such issue to the District's satisfaction within 30 days from the date of the District's contact with the City. 9. Default. a. Default Remedies. Failure by either party to perform any action or covenant required by this Amendment within the time periods provided herein following notice shall constitute a "Default" under this Agreement. A party claiming a Default shall give written notice of Default to the other party specifying the Default complained of Except as otherwise expressly provided in this Amendment, the claimant shall not institute any proceeding against the other party if(i) such party cures the Default within thirty(30) days following receipt of such notice of Default where the failure or delay is capable of being cured within 30 days, or(ii) such party immediately, with due diligence, commences to cure, correct or remedy such failure or delay and completes such cure, correction or remedy with diligence, but in any event no later than 90 days following the notice of Default, where such Default cannot be cured within 30 days. b. Institution of Legal Actions. Except as otherwise specifically provided herein, upon the occurrence of a Default, the non-defaulting party shall have the right, in addition to any other rights or remedies, to institute any action at law or in equity to cure, correct, prevent or remedy any Default, or to recover actual damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of San Mateo, State of California, or in the Federal District Court for the Northern District of the State of California. Notwithstanding anything herein to the contrary, neither party shall have the right to recover any consequential, special or punitive damages in the event of a Default by the other party. 10. Maintenance and Management of Project and Related Infrastructure. Except as otherwise provided in Section 11 herein, City shall assume responsibility for the patrol, operation, maintenance and management of the Project Site. City shall be responsible for maintaining and operating all Project-related infrastructure in the manner required to serve the Project and in accordance with the use and operating covenants set forth in Section 12. 11. Parking Area. City and District shall be jointly responsible for operating, maintaining and managing that area of the Project Site where the visitor parking lot is located. In the event any disagreement between the City and District arises involving the parking lot, including but not limited to issues regarding proportional use and sufficient accommodation for Preserve visitors, the parties agree to make diligent, good faith efforts to meet, discuss and develop a mutually agreeable resolution regarding any such disagreement(s). Additionally, the parties shall meet and confer prior to the commencement of each Construction Phase to assess parking lot usage and operations. 12. Construction, Use, Operating and Maintenance Covenants. City and its successors and assigns shall be required to construct, use, operate and maintain the Project in a high-quality manner and in accordance with the Vision Plan, and as more particularly provided below. a. General. City covenants and agrees on behalf of itself and its successors and assigns that City shall use and continuously operate the Project for the uses herein specified and for no other purpose. b, Governmental Requirements. City shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, labor codes, ordinances, rules and regulations, as well as the Consent Decree entered on November 16, 2005 by the United Stated District Court for the Northern District of California in the matter captioned United States of America and the State of California, by and through the California Department of Fish and Game and California State Lands Commission v. County of Santa Clara, et al. (No. CV-0373 PVT) (collectively, "Laws") which apply to the operation and use of the Project or any portion thereof, including those requiring alterations or additions to be made to, or safety appliances or devices to be maintained or installed in, on or about the Project or any portion thereof under any Laws now or hereafter adopted, enacted or made and applicable to the Project or any portion thereof, and payment of any fees, charges or assessments arising out of or in any way related to the Project or any portion thereof. All construction, use, operation and maintenance of the Project shall conform to all applicable Federal and State Occupation Safety and Health Act standards and regulations. c. General Use Prohibitions. City covenants and agrees that in connection with the use and operation of the Project, and any portion thereof, City will not: i. Permit equestrian use; or ii. Pen-nit dogs, except guide and service dogs under physical control either participating in training program or already a specifically trained to assist the blind, deaf or disabled, and wearing an identifying vest or tag; ; or iii. Pen-nit undue accumulations of garbage, trash, rubbish or any other refuse; or iv. Create, cause, maintain or permit any nuisance (as the same may be defined by applicable Law) in, on or about the Project; or v. Commit or suffer to be committed any waste in, on or about the Project; or vi. Use or allow the Project to be used for any unlawful purpose, or for any purpose which violates the terms of any recorded instrument affecting the Project; or vii. Do or permit to be done anything which in any way unreasonably disturbs the occupants of neighboring property; or viii. Cause or pen-nit any insurance coverage on the Project to become void or voidable or make it impossible to obtain any required insurance at commercially reasonable rates; or ix. Intentionally cause or knowingly pen-nit any material structural damage to or deterioration of the Project or to any adjacent public or Private property or improvements; or x. Violate any Law, ordinance or regulation applicable to the Project. d. General Operating Standards. City covenants and agrees that it shall operate the Project in such manner and by such means as will reflect positively upon District and City. City's responsibilities with respect to operating the Project shall include, but are not limited to: i. Should any unauthorized use or activity occur in Project, City may exercise its authority to correct these matters, including, where necessary, enforcing City regulations and ordinances and County ordinances. ii. City shall cause all necessary precautions to be taken to guard against and eliminate fire hazards. No smoking or open campfires are allowed on the Preserve, per District Ordinance. City shall not allow any vehicles to be parked on dry grass. iii. City shall report any encroachments or trespass by the neighboring properties upon the Project to the District. iv. The City shall set hours of Project operation to match those of the District's Preserve. v. Section 3.c. of the Agreement is hereby deleted and replaced with the following paragraph. "The parties understand and acknowledge that City intends to install an electric gate which shall open and close in accordance with the District's Preserve hours. Prior to the installation of such electric gate, City is responsible for opening the Cooley Landing and Preserve gate at the end of Bay Road by 9 a.m. and closing the gate one half hour after sunset every day. If City is unable to fulfill this obligation, City shall immediately notify District at District's 24-hour Emergency Dispatch telephone number at(650) 903-6395. The District is responsible for opening and closing the gate when the City notifies the District it is unable to fulfill this obligation." vi. Subject to District regulations, City shall issue and administer all pen-nits for vending and special uses for the Project. District and City agree to jointly establish standards regarding the issuance of pen-nits governing commercial solicitations on the Project Site in accordance with District Regulation section 600.1 vii. City may close portions of the Project where and when deemed necessary to avoid or correct a public health, safety or environmental hazard. viii. City shall provide for routine patrols and emergency or urgent response, to, in and around the Project, at or above the level of services existing upon the date of execution of this Agreement. e. General Standards of Maintenance. City covenants and agrees that it shall maintain, or cause to be maintained, the Project, and all improvements and landscaping within the Project (including all structures, sidewalks, pedestrian lighting, landscaping, and any and all other improvements on the Project and associated open space and common areas) in high-quality condition and repair, subject only to normal wear and tear, and in compliance with the Maintenance Standards (defined below). City's compliance with the Maintenance Standards shall be judged by a comparative standard with the custom and practice generally applicable to comparable District open space preserve. To accomplish such maintenance, City shall either staff or contract with and hire licensed and qualified personnel to perform such maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Section 12.e. The following standards ("Maintenance Standards") shall be complied with by City and its maintenance staff, contractors and subcontractors: i. Maintain the surface of all pedestrian areas level, smooth and evenly covered with the type of surfacing material originally installed thereon or such substitute therefor as shall be in all respects equal thereto or better in quality, appearance and durability; ii. Remove all papers, debris, filth and refuse, and sweep, wash down and/or clean all hard surfaces, including brick, metal, concrete, glass, wood and other permanent poles, walls or structural members as required; iii. Maintain such appropriate entrance, exit and directional signs, markers and lights as shall be reasonably required; iv. Clean lighting fixtures and relamp and/or reballast as needed; v. Maintain landscaping as necessary to maintain in high-quality condition; vi. Maintain signs, including relarnping and/or reballasting and/or repairing as required; vii. Maintain and keep in first-class condition and repair all benches, shelters,planters, trash containers, and other exterior elements; viii. Maintain and keep in a sanitary condition public restrooms and other common use facilities; ix. Clean, repair and maintain all common utility systems to the extent that the same are not cleaned, repaired and maintained by public utilities; x. Maintain all fountains, water courses and associated structures, drinking fountains, pumps and associated plumbing; xi. Provide adequate security lighting in all areas during periods of unrestricted public access, and maintain all security and decorative light fixtures and associated wiring systems; xii. Maintain all surface and storm lateral drainage systems; xiii. Maintain all sanitary sewer lateral connections; xiv. Promptly remove any graffiti on or about the Project; xv. Perforin landscape maintenance including watering/irrigation, fertilization, pruning, trimming, shaping, and replacement, as needed, of all trees, shrubs, grass, and other plants or plant materials, weeding of all plants, planters and other planted areas, staking for support of plants as necessary, and clearance, cleaning and proper disposal of all cuttings, weeds, leaves and other debris; and xvi. Perform other maintenance as required by Law. 13. Indemnification. a. City agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from and against any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties,judgments, or obligations whatsoever, made in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities contemplated in this Amendment. b. City hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to property, and releases the District from liability to the extent such claims or liability were not caused by the sole negligence or willful misconduct of the District and provided such claims are related to City's activities under this Amendment or City's use of the Preserve. c. City shall be responsible for any and all personal injury and property damage on the Preserve caused by its acts or omissions as a result of any activities conducted pursuant to this Amendment, and shall indemnify the District against any and all claims, liabilities, or losses, including attorney's fees, on account thereof. d. City shall indemnify, defend, and hold harmless the District from and against any legal or administrative proceedings brought against the District, and all claims, liabilities, losses, damages, cleanup costs, remediation costs or other costs, foreseen and unforeseen, including without limitation, attorney, engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on, in or under the Preserve, when the existence of such hazardous substance, in whole or in part, arises out of, is attributable to or is caused by any activities, acts or omissions by City under this Amendment, whether on-site or off-site. 14. Signage and Brochures. City shall include the following in all promotion materials about City's operations in the Project Site: "Brought to you in partnership with the Midpeninsula Regional Open Space District." 15. Partnership Agreement Remains in Effect. The Agreement, except as amended herein, shall continue in full force and effect with all other teens and conditions unchanged. If a conflict between terms in the Agreement and those in the Amendment arises, the provisions of this Amendment shall control the construction and interpretation thereof. 16. Counterparts. This Amendment may be executed in duplicate counterparts, which of which will be deemed an original. 17. Authority. Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. CITY OF EAST PALO ALTO: By: ML Gordon, City Manager Date: APPROVED AS TO FORM By: Valerie J. Armento,Interim City Attorney Date: MIDPEN NSULA REGIONAL OPEN SPACE DISTRICT: By: President, Board of Directors Date: ATTEST: District Clerk Date: APPROVED AS TO FORM: By: Susan M. Schectman, General Counsel Date: Exhibit A Mitigated Negative Declaration (to be attached) f Exhibit B Construction Area (to be attached) j I I i i PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT THIS AGREEMENT i entered into b and between the CITY OF EAST PALO ALTO a s y municipal corporation,("CITY") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public DISTRICT under the laws of California,("DISTRICT"),dated February 24, 2010. RECITALS WHEREAS,DISTRICT's Mission is to acquire,restore,preserve and protect,in perpetuity, open space land as part of the regional greenbelt,and to provide opportunities for ecologically sensitive public enjoyment and education; and WHEREAS,District owns those certain lands more specifically identified as San Mateo County Assessor's Parcel Numbers 063-590-040, 063-590-060, 096-230-150 and 096-230-130, comprising a portion of Ravenswood Open Space Preserve ("Preserve") and which have been legislatively dedicated for purposes of public open space pursuant to the California Public Resources Code; and WHEREAS, CITY owns that certain parcel of land more specifically identified as San Mateo County Assessor's Parcel Number 063-590-030 which it has zoned for Resource Management purposes; and WHEREAS,the CITY parcel and portions of the DISTRICT parcels make up that certain promontory of land into the San Francisco Bay generally known as Cooley Landing; and WHEREAS, CITY and DISTRICT desire to further their common goal of providing accessible public open spaces to further the recreational and educational opportunities of their constituents, and WHEREAS, CITY has undertaken a planning and development process (the"Project") to enhance such public open space and the associated recreational and educational values at Cooley Landing; and WHEREAS, City intends to apply for grant funding for the Project under the Statewide Park Development and Community Revitalization Program of 2008; and WHEREAS,DISTRICT desires that the Project include the Cooley Landing Area of Ravenswood Open Space Preserve owned by DISTRICT; NOW,therefore, in consideration of the mutual promises, covenants and obligations contained herein, CITY and DISTRICT agree: i - 1 - 1. Project Site.DISTRICT owns the real property within the City of Menlo Park, State of California, as shown on Exhibit A, attached hereto and incorporated herein("Project Site"), which consists of Area A,the upland portions of APNs 096-230-130 and 096-230-150 which are closed to the public, and Area B,within the Cities of East Palo Alto and Menlo Park, State of California, the Preserve public parking lot(portions of APN 063-590-040 and 063- 590-060)which is open to the public. 2. Term. The term of this Agreement shall commence upon execution hereof by the duly authorized representatives of the CITY and the DISTRICT and shall consist of a. Phase I-Plan development, environmental review and permitting b. Phase H-Project construction from completion of Phase I design c. Phase III—Project operation upon completion of Phase II construction Time is of the essence to this Agreement. City shall diligently pursue completion of Phases I and H consistent with its contractual obligations for grant funding and with all otherwise applicable laws and regulations. The maximum term of this Agreement shall not exceed 30 years without a written renewal or extension entered into by the parties acting on the authority of their appropriate legislative body. Before each subsequent phase, CITY and the DISTRICT shall amend this Agreement,as necessary to accommodate evolving conditions, including development of supplemental operations and maintenance agreements. The Parties agree to timely meet, and to negotiate in good faith,toward an extension of this Agreement, as it may be amended from time to time,at such time(s)as appropriate. 3. Site Use,Access, Control and Securitv. a. CITY is permitted to access and use to the Project site for all purposes reasonably in furtherance of the Project plan development to be completed during such Phase I hereof. b. CITY shall maintain control and security of the Project Site—Area A, including but not limited to restricting public access, securing the site by fencing or other appropriate means and regular law enforcement patrols. DISTRICT shall continue to maintain and secure Area B, except as otherwise noted in this Agreement. c. CITY is responsible for opening the Preserve gate at the end of Bay Road by 9 a.m., each weekday morning (Monday through Friday), excluding CITY holidays. If CITY is unable to fulfill this obligation,City shall immediately notify DISTRICT at DISTRICT's 24-hour Emergency Dispatch telephone number at(650) 903-6395.The District is responsible for opening and closing the gate at all other times,i.e. all evenings, all weekends, and on all CITY holidays and any time the City notifies the DISTRICT it is unable to fulfill this obligation. d. CITY, its employees, agents, contractors and consultants shall be helpful and courteous in all contacts with visitors,neighbors, agents,officials,tenants,lessees and employees of the DISTRICT. DISTRICT, its employees, agents, contractors and consultants shall -2- i be helpful and courteous in all contacts with visitors, neighbors,agents, officials, tenants, lessees and employees of the CITY. CITY shall inform DISTRICT staff of all of its public meetings related to the design and use of Cooley Landing. CITY shall provide biannual updates to the DISTRICT. All signage and public documents shall recognize the DISTRICT(as appropriate) as a partner. DISTRICT shall inform CITY staff of all of its public meetings related to the design and use of Cooley Landing. DISTRICT shall provide biannual updates to the CITY. All signage and public documents shall recognize the CITY(as appropriate) as a partner. e. CITY shall promptly notify DISTRICT's 24-hour Emergency Dispatch telephone number at(650) 903-6395 to report any observed or known fires,trespassing,hunting, or illegal activities on the Project Site or on adjoining District lands. DISTRICT shall promptly notify the Menlo Park Fire Department at(650) 688-8400 to report any observed or known fires and shall promptly notify the CITY's Police Department at (650) 321-1112 to report any observed trespassing,hunting,or illegal activities on the Project Site. f Except as otherwise provide herein or by express written permission granted by DISTRICT, CITY shall not during Phase I of this Agreement cause or allow any physical changes on the Project site(Area A). Such changes shall include but not be limited to grading,paving, excavating or other earthmoving activities, cutting or removing trees,native shrubs,brush or other vegetation, and damaging or demolition of improvements or structures on the Premises. g. Any use of the Project Site not specifically granted to CITY herein must be approved in writing by DISTRICT prior to such use commencing. 4. Amendment. CITY will diligently pursue development of the Project consistent with this Agreement. CITY and DISTRICT agree to meet and discuss in good faith all necessary amendments that may be needed at the completion of Phase I plan(development, review and permitting) and again at the completion of Phase II(construction)to allow the Project to continue to the next Phase. These shall include operation and maintenance plans for Phases II and III. Should the Proposition 84 Statewide Park Program grant be awarded, and a grant contract is issued, any proposed amendments by City and District shall be submitted to the State Department of Parks and Recreation,Office of Grants and Local Services for approval. 5. Insurance. At all times during the term of this Agreement CITY shall carry general liability insurance,or a policy of self-insurance, including owned,non-owned and hired auto;property damage; and death and bodily injury, covering its risks arising out of the performance of any acts pursuant to this Agreement or relating to its operation of the Project. DISTRICT shall be named as additional insured on the policy. Said policy shall be in an amount not less than Two Million Dollars ($2,000,000)for bodily injury and property damage liability in aggregate per occurrence combined single limit and One Million Dollars ($1,000,000) combined single limit for auto liability. CITY shall furnish DISTRICT with a Certificate of Insurance evidencing such insurance coverage. At all times during the term of - 3 - this Agreement DISTRICT shall carry general liability insurance,or a policy of self- insurance,including owned,non-owned and hired auto; property damage; and death and bodily injury, covering its risks arising out of the performance of any acts pursuant to this Agreement or relating to its operation of the Project. CITY shall be named as additional insured on the policy. Said policy shall be in an amount not less than Two Million Dollars ($2,000,000) for bodily injury and property damage liability in aggregate per occurrence combined single limit and One Million Dollars($1,000,000) combined single limit for auto liability. DISTRICT shall furnish CITY with a Certificate of Insurance evidencing such insurance coverage. 6. Indemnification. CITY hereby agrees to indemnify, defend and hold harmless DISTRICT from and against all liability for all claims, suits, damages,injuries, costs,losses and expenses,including reasonable attorney's fees and court costs, in any manner related to or arising out of the Project, and/or the operation and/or the use of Cooley Landing under this Agreement to the extent that the matter giving rise to the liability is directly attributable to the negligent or wron acts or omissions of CITY's employees or agents or otherwise arises out of matters which,by the terms of this Agreement, are the responsibility of CITY. DISTRICT herebyagrees to indemnify,defend and hold harmless CITY from and against all l�' fY� g liability for all claims, suits, damages, injuries, costs,losses and expenses,including reasonable attorney's fees and court costs, in any manner related to or arising out of the Project, and/or the operation and/or the use of Cooley Landing under this Agreement,to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of DISTRICTs employees or agents or otherwise arises out of � ' matters which, by the terms of this Agreement, are the responsibility of DISTRICT. CITY and DISTRICT agree to cooperate in the event of claims or litigation against either CITY or DISTRICT by a third party. In the event liability arises due to the alleged concurrent negligence of CITY and DISTRICT, or any combination thereof, each party shall contribute costs of any such suits, defense,damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. 7. Termination for Default. In the event there is a breach of this Agreement by CITY or DISTRICT, the parties shall meet to resolve the matter. If the parties are unable to resolve a material matter informally,they shall attempt to resolve the matter by mediation through JAMS or other mediator agreeable to the parties. If the parties remain unable to resolve the matter, DISTRICT or CITY may terminate this Agreement sixty days following the giving of notice of such as set forth herein. 8. Applicable Laws. This Agreement shall be construed and enforced pursuant to the laws of the State of California. -4 - 9. Notices: Any notice required to be given to DISTRICT shall be deemed to be duly and properly given if mailed,postage prepaid with a receipt and signature from the receiving party, and addressed to: Midpeninsula Regional Open Space District General Manager 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 or personally delivered to DISTRICT at such address or at such other address as DISTRICT may designate in writing to CITY. Any notice required to be given to CITY shall be deemed to be duly and properly given if mailed,postage prepaid with a receipt and signature from the receiving party,and addressed to: City of East Palo Alto City Manager 2415 University Avenue,2nd Floor East Palo Alto, CA 94303 (650) 853-3100 or personally delivered to CITY at such address or such other address as CITY may designate in writing to DISTRICT,with a receipt and signature from the receiving party. 10. Waiver: The failure of any party to insist upon a strict performance of any of the terms, conditions and covenants contained herein shall not be deemed a waiver of any rights or remedies that CITY or DISTRICT may have and shall not be deemed a waiver of any subsequent breach or default of the terms,conditions and covenants contained herein. 11. Severability: If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void,voidable or unenforceable, such covenant or covenants, such agreement or agreements or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement. 12. Captions: The captions in the articles of this Agreement are inserted for convenience purposes only and shall not affect the terms of this Agreement. _ 5 _ i IN WITNESS WHEREOF, CITY and DISTRICT execute this Agreement. For the CITY OF E T PALO TO By: Date: 3 City Manager At70Ci�,C�Ierk ApFroved as to form.for CITY: Vincent C. Ewing City Attorney For the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: h.�,f v Date:--� t C> President Board of Directors Attest: '-`0. T—) District Clerk Approved as to form for DISTRICT: PP Susan Schectman General Counsel - 6 - i , W .23 1. 096-230 FF rel �-,rrccr, �'" +»' ��t�eA�� Q•� i""1 ram+ w h (71 r. wp 063-590-060 �� g,��'� � , � ,� o� lea� >t • ��`a �` �G 00 r 1. ��G a I n ll of M��s�P av° 063 50 �' I 096-230-130 `.. . :,. . 40 _•�. •' WW .r o °; a e 00 '✓ W O < ' ,��, y . ''�• ,�'"�1.-, ` +`,. ,sir.'° ..; -063-580-090 i *,.;: •. 3- 2-03itz 44, •• 0 • 1 •i• •o- •. -• - ..• .. OPEN :, .- N SPACE is, ATTACHMENT 4 COOLEY LANDING PROJECT JOINT PERMITTING AGREEMENT This Cooley Landing Project Joint Permitting Agreement("Agreement") is entered into by and among the City of East Palo Alto, a municipal corporation("EPA"), the City of Menlo Park, a municipal corporation("Menlo") and the Midpeninsula Regional Open Space District, a public district under the laws of California("District"), collectively"the Parties,"dated ("Effective Date"). RECITALS WHEREAS, EPA owns that certain parcel of land more specifically identified as San Mateo County Assessor's Parcel Number 063-590-030("EPA Property") which it has zoned for Community Open Space Conservation Purposes; WHEREAS District owns those certain parcels of land mores specifically identified as � Y San Mateo County Assessor's Parcel Number 063-590-040, 063-590-060, 096-230-150 and 096- 230-130, as shown on Exhibit A attached hereto and incorporated herein by this reference ("District Property") comprising a portion of Ravenswood Open Space Preserve("Preserve") and which have been legislatively dedicated for purposes of public open space pursuant to the California Public Resources Code; WHEREAS the Preserve is located within Menlo's and EPA's 'urisdictional boundaries; J WHEREAS, the EPA parcel and portions of the District parcels make up that certain promontory of land into the San Francisco Bay generally known as Cooley Landing; WHEREAS, EPA has undertaken a planning and development process to enhance public open space and the associated recreation and education values at Cooley Landing, has approved the Cooley Landing Vision Plan in concept on July 21, 2010, and proposes to allow development of a bayland park at Cooley Landing("Project"); WHEREAS, the Parties desire a timely, efficient, orderly and proper development review process for the proposed Project in accordance with the land use regulations of their respective jurisdictions; WHEREAS, the Parties have reached agreement and desire to voluntarily enter into this Agreement to facilitate the development review process of the proposed Project subject to conditions and requirements set forth herein. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the promises, obligations and covenants herein contained, the Parties agree as follows: 1. No Commitment to Develop Project. The Parties acknowledge and agree that none of them can precommit to approval or implementation of the proposed Project since EPA's, 1 Menlo's and the District's respective approvals are contingent upon fulfillment of all applicable regulating requirements including but not limited to obtaining any required governmental approvals and completion of any environmental review required under the California Environmental Quality Act(CEQA) and any mitigation measures that may be associated with such review. The Parties acknowledge that such process may identify environmental or legal obstacles to the implementation of all or a portion of the proposed Project. Notwithstanding any other sections of this Agreement, the provisions of this Section 1 shall control the Parties agreements herein. 2. Applicable Rules and Regulations. In consideration for the benefits of the proposed Project provided to District and Menlo, the Parties agree that the terms and conditions governing the development of the proposed Project, including but not limited to the permitted uses of the underlying property and the intensity of use, shall be those applicable rules, regulations, permitting requirements and ordinances of EPA, as may be amended, added or deleted during the term of this Agreement ("EPA Regulations"), and applicable state and federal law, including National Pollutant Discharge Elimination System ("NPDES")permit requirements set forth in NPDES Permit No. CAS 612008 applicable to regulated projects located in Menlo and EPA. EPA shall provide Menlo with copies of the approved grading and drainage plans, executed stormwater Operations and Maintenance Agreement, and all subsequent reports per the Operations and Maintenance Agreement for the Project as may be necessary for Menlo to comply with Menlo's reporting requirements pursuant to the NPDES Permit. 3. Authority; Processing. EPA shall serve as the lead agency in facilitating the development review process for the proposed Project. District and Menlo acknowledge that, if approved and implemented, a significant portion of the proposed Project would be located on the EPA Property. In order to facilitate and expedite EPA's development review process for the proposed Project, if approved, the Parties authorize EPA to develop those portions of the proposed Project that are located on the District Property and within Menlo's jurisdiction boundaries in accordance with the EPA Regulations and state and federal law. Accordingly, it is understood and acknowledged that if the Project is approved by District and EPA, the only Project approvals that would be required by EPA, as the lead agency, from Menlo for that portion of the Project proposed to be developed within Menlo's jurisdictional boundaries is a conditional use permit and a heritage tree removal permit, which have both been approved by Menlo subject to approval and execution of this Agreement by all parties hereto. Nothing in this Agreement is intended to contract away any party's right to exercise its police power, including zoning authority. 4. Other Governmental Permits. Upon application by EPA for approvals required by other governmental agencies or quasi-governmental agencies having jurisdiction over the proposed Project, which permits and approvals do not conflict with EPA's, Menlo's and District's regulatory requirements, Menlo and District shall cooperate with EPA in facilitating the processing of such approvals. 2 5. Effective Date, Term. This Agreement shall become effective upon the Effective Date and shall terminate upon(i)the completion of the proposed Project, as determined jointly by EPA and the District, or(ii)upon determination by EPA or the District that the existence of environmental or legal obstacles to the proposed Project renders its implementation infeasible. This Agreement may be amended at any time by mutual agreement of the Parties in writing. 6. Authority to Execute Agreement. Each party covenants that the individual executing this Agreement on behalf of the party is a person duly authorized and empowered to execute this Agreement for such party. 7. Indemnity. EPA agrees to indemnify, defend and hold harmless Menlo and District and its and their respective elected and appointed councils,boards, commissions, officers, agents, contractors and employees from and against any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses(including but not limited to attorneys' fees and costs) which may arise, directly or indirectly from the acts or omissions of EPA pursuant to this Agreement. agrees indemnify, defend an hold harmless EPA and District and its and their Menlo a s tod �' respective elected and appointed councils,boards, commissions, officers, agents, contractors and employees from and against any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses(including but not limited to attorneys' fees and costs) which may arise, directly or indirectly from the acts or omissions of Menlo pursuant to this Agreement. District agrees to indemnify, defend and hold harmless EPA and Menlo and its and their respective elected and appointed councils,boards, commissions, officers, agents, contractors and employees from and against any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited to attorneys' fees and costs) which may arise, directly or indirectly from the acts or omissions of District pursuant to this Agreement. 8. Default/Remedies/Termination. a. Notice and Opportunity to Cure. Before this Agreement may be terminated or action may be taken to obtain judicial relief, the party or parties seeking relief ("Nondefaulting Party") shall comply with the notice and cure provisions of this Section 8.a. A Nondefaulting Party in its discretion may elect to declare a default under this Agreement in accordance with the procedures hereinafter set forth for any failure or breach of any other party("Defaulting Party") to perform any material duty or obligation of said Defaulting Party in accordance with the terms of this Agreement. However, the Nondefaulting party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any,required by the 3 Nondefaulting Party to cure such breach or failure. The Defaulting Party shall be deemed in"default"of its obligations set forth in this Agreement if the Defaulting Party has failed to take action and cured the default within thirty(30) days after the date of such notice. b. Remedies for Breach. The parties acknowledge that the purpose of this Agreement is to carry out the Parties' objectives as set forth in the Recitals above. In the event of a default, the Nondefaulting Party may, at its option, institute legal action to cure, correct or remedy such default, enjoining any threatened or attempted violation, enforce the terms of this Agreement by specific performance, or pursue any other legal or equitable remedy. Furthermore, any Nondefaulting party, in addition to or as an alternative to exercising the remedies set forth in this Section 8.b., in the event of a default by any party, may give notice of its intent to terminate this Agreement. 9. Severability. Except as otherwise provided herein, if any provision(s) of this Agreement is (are) held invalid, the remainder of this Agreement shall not be affected as necessarily required by the invalid provisions, and shall remain in full force and effect unless amended or modified by mutual consent. 10. Agreement Runs with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assigns, devises, administrators,representatives, lessees and all of the persons or entities acquiring the j property on which the Project is located or any portion thereof, or an interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. 11. Further Actions and Instruments. Each of the Parties shall cooperate and provide reasonable assistance to the other Parties to the extent necessary to implement this Agreement. Upon the request of a party at any time, the other Parties shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonable necessary to implement this Agreement. 12. Applicable Law; Venue. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in San Mateo County. 13. Dispute Resolution. Any dispute or claim in law or equity between any or all of the Parties arising out of this Agreement, if not resolved by informal negotiation between the Parties, shall be submitted to alternate dispute resolution, with each party bearing its own costs and legal fees. Should litigation result, the court shall determine who bears legal fees and costs. 4 14. Notices. Any notice or communication required hereunder between the Parties must be in writing and may be given either personally,by registered or certified mail, return receipt requested. If given by registered or certified mail, the same shall be deemed to have been given and received on the date of actual receipt by the addressee designated below as the party to whom the notice is sent. A party may at any time, by giving ten (10) days written notice to the other Parties,designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below: EPA: City of East Palo Alto City Manager 2415 University Avenue East Palo Alto, CA 94303 Menlo: City of Menlo Park City Manager 701 Laurel Street Menlo Park, CA 94025 District: Midpeninsula Regional Open Space District General Manager 330 Distel Circle Los Altos, CA 94022 15. Execution of Agreement; Counterparts. This Agreement may be executed by the Parties in counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF EAST PALO ALTO: Approved as to Form: i By: By: ML Gordon, City Manager Valerie J. Armento, Interim City Attorney Date: Date: 5 CITY OF MENLO PARK: Approved as to Form: By: By: Glen Rojas, City Manager William L. McClure, City Attorney Date: Date: MIDPENINSULA REGIONAL OPEN Approved as to Form: SPACE DISTRICT By: By: Steve Abbors, General Manager Sue Schectman, General Counsel Date: Date: 6 Attachment 2 SFPUC I � 1 / O � 1 I` ! r „ r / r r i i 1 1 i I 1 / 1 San 1 / 11 j Francisco I Bay 1 1 \ 1 4 1 1 1 1 \ Area A \\� (Closed to Public) (Open to Pu " s / City of East Palo Alto o � � I m Palo Alto " Baylands Exhibit A: Cooley Landing Area, Ravenswood Open Space Preserve Midpeninsula Regional �, �� Open Space District Cooley Landing F; MROSD Land Q Viewing Platform a February 2010 1 1 Preserve Boundary East Palo Alto Property Parking Lot F.0 , L--_� e 0 125 250 500 CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, FEBRUARY 15, 2011 AGENDA ITEM No. 22 PUBLIC HEARING Proposed Mitigated Negative Declaration determination and Zone Change to create Cooley Landing Park (Brad Tarr, Senior Planner, Planning Division and Lily Lee, Cooley Landing Project Manager, Office of the City Manager) Recommendation: Open the Public Hearing Take Testimony Close the Public Hearing, and: Adopt a resolution to certify the Mitigated Negative Declaration determination and approve a zone change for the Cooley Landing Park project CITY OF EAST PALO ALTO Community Development Department—Planning Division 1960 Tate Street* East Palo Alto, CA 94303 Tel: (650) 853-3185 * Fax: (650) 853-3179 Date- February 15, 2011 To: Honorable Mayo, and Members of the City Council From: Brad Tarr, AICR Senior Planner Lily Lee, Cooley Landing Project Manager Via: ML Gordon, City Manager Subject: MND 10-13 (Cooley Landing), Mitigation Monitoring Program, and Zone Change 11-1 RECOMMENDATION: That the City Council- 1) Hold a Public Hearing regarding the adoption of the Mitigated Negative Declaration MND 10-13), the Mitigation Monitoring and Reporting Program (MMRP), and zone change of Resource Management (RM) to Community Open Space Conservation (COSC) for Cooley Landing Park at 2100 Bay Road. 2) Certify by resolution the MND, MMRP and zone change to COSC for the Cooley Landing project. ALIGNMENT WITH CITY COUNCIL STRATEGIC PLAN: This recommendation is primarily aligned with: Goal #3— Increase organizational effectiveness and efficiency-, Goal #4 — Improve Public Facilities and Infrastructure; and Goal #6 — Create a Healthy Community, by providing a park space for fitness and recreational activity and contemplative reflection. BACKGROUND: Cooley Landing restoration and conversion into a public park has been the subject of a long and involved public process culminating in the preparation of the Cooley Landing Vision Plan (available at www,cooleylanding,org), which the City Council voted to support for further study on July 20, 2011 (Attachment A, Resolution 4019). On December 22, 2010, the Initial Study and proposed MND (Attachment B) was released for a 30 day public comment period. On January 24, 2011, the Planning Commission voted unanimously to approve the MND. The Commission had previously on June 28, 2010, recommended the zone change of Cooley Landing from Resource Management (RM) to Community Open Space Conservation (COSC). ANALYSIS: A. Environmental Review The MND discusses significant impacts that will occur as a result of the project, but that are able to be mitigated. These subject areas include: ■ 4.4.2 (p. 43) Biological Resources (a) have a substantial adverse effect, either directly or 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, (b) have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; (c) have a substantial adverse effect on federally protected 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; (d) interfere substantially with the movement of any native resident or migratory fish or wildlife species, or with established native resident or migratory fish or wildlife corridors, impede the use of native wildlife nursery sites. * 4.5.2 (p. 57) Cultural Resources (a) cause a substantial adverse change in the significance of a historic resource as defined in Section 15064.5 of the California Environmental Quality Act (CEQA); (b) cause a substantial adverse change in the significance of an archaelogical resource as defined in Section 15064.5 of CEQA. ■ 4.9.2 (p. 77) Hydrology and Water Quality C. violate any water quality standards or waste discharge requirements; (b) otherwise substantially degrade water quality. * 4.10.2 (p. 87) Land Use (conflict with any applicable land use plan, policy, or 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). ■ 4. 18 (p. 114) Mandatory Findings of Significance (have the potential to 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, 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). For specific discussion in the Initial Study environmental checklist, please refer to the appropriate section. These topics have been studied thoroughly, and the MMP discussed below includes conditional approval wording that obligates the City, as lead agency, to fulfill the requirement to mitigate significant impacts that would otherwise occur without their implementation. B. Mitigation Monitoring and Reporting Program The MMRP (Attachment C) embodies the impact reduction commitment, pursuant to CEQA, which requires that a Lead Agency establish a program to monitor and report on mitigation measures adopted as part of the environmental review process to avoid or reduce the severity and magnitude of potentially significant environmental impacts associated with project implementation. CEQA (Public Resources Code Section 21081.6 (a) (1)) requires that a Mitigation Monitoring and Reporting Program (MMRP) be adopted at the time that the agency determines to carry out a project for which a Mitigated Negative Declaration (MND) has been prepared, to ensure that mitigation measures identified therein are fully implemented. C. Zone Change The Cooley Landing Vision Plan contained language that contemplated the change in zoning designation from Resource Management to Community Open Space Conservation. This change would permit both the actual transformation into an improved public park consistent with Zoning Ordinance Section 6227(a)(2) and an application for the conversion of the existing boathouse building to an interpretive center (Section 6227(b)(4)(c) commensurate with the Vision Plan. FISCAL IMPACT This action by itself does not by itself obligate the City to expend any funds for project construction or mitigation measures. Attachment-. Proposed Resolutions Attachment A: City Council Resolution 4019 supporting the Cooley Landing Vision Plan for further study under CEQA Attachment B: Initial Study/Negative Declaration Attachment C: Mitigation Monitoring and Reporting Program Attachment D. Community outreach Attachment E: Public comments received and responses to those comments RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO CERTIFYING A MITIGATED NEGATIVE DECLARATION DETERMINATION AND THE ASSOCIATED MITIGATION MONITORING PROGRAM FOR THE COOLEY LANDING PARK PROJECT WHEREAS, the City has for many years planned to develop a public park and nature and history education center at Cooley Landing; and WHEREAS, the City Council has reviewed and approved the Cooley Landing Vision Plan a project description for further study under the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Cooley Landing Initial Study and Mitigation Monitoring Program have been distributed for public review as required by CEQA and received no comments that would substantially alter its findings regarding environmental impacts; and WHEREAS, on January 24, 2011, the Planning Commission held a public hearing and voted unanimously to recommend that the City Council certify a Mitigated Negative Declaration (MND) determination and the associated Mitigation Monitoring Program (MMP); NOW, THEREFORE, BE IT RESOLVED that the City Council hereby certifies a MND determination and the associated MMP for the Cooley Landing, PASSED AND APPROVED this 15 th day of February, 2011, by the following vote: AYES: NOES: ABSENT: ABSTENTION: Carlos Romero, Mayor ATTEST: ML Gordon, City Clerk APPROVED AS TO FORM: Vincent C. Ewing, City Attorney RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO TO CHANGE THE ZONING FOR THE COOLEY LANDING PARK PROJECT TO COMMUNITY OPEN SPACE CONSERVATION WHEREAS, Cooley Landing is currently zoned Resource Management (RM); and WHEREAS, the City has for many years planned to develop a public park and nature and history education center at Cooley Landing; and WHEREAS, the Community Open Space Conservation (COSC) zone designation would allow the creation of a nature center in a public park; and WHEREAS, the Planning Commission voted on June 24, 2010, to recommend to the City Council a zone change for Cooley Landing from RM to COSC; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby changes the zone designation for Cooley Landing from RM to COSC. PASSED AND APPROVED this 15th day of February, 2011, by the following vote: AYES: NOES: ABSENT: ABSTENTION: Carlos Romero, Mayor ATTEST: ML Gordon, City Clerk APPROVED AS TO FORM: Vincent C. Ewing, City Attorney Attachment A: RFSOLI:TIC)\ MY 4019 RE:sOI_UTION OF THE CITY C'OUNCH..OF THE CITY OF EAST PALO ALTO TO SLPPORT THE COOLEI-L4.\'DL\'G j1S10N PL-I.\'AS A PROJECT DESCRIPTION FOR:1ti ENVIRONMENTAL REVIEW DOCUMENT,AS REQUIRED BY THE ('ALIFORMA ENVIRONMENTAL Q1141LITY ACT the convaa:itt� and Cit\ Count] o I ast Pa.o Alto 1i.:1e 101!ul t\;:ttte,i a nc\.% Public.)pen spact:park and cenn:r:a C'oolc� landing:and \1 HERE AS,on Nown:ber I A THR the City(Awidl ap proved a comnwi uAh COMM :\swakeN 111 etri!,.t;t c< nn-Iii Q dial ,iakchold cr input to t:rcnic a 1.4117,j' I ;}f(1a P/,.,11: and \\HI-IRFAS,the('otdci Lunuil7, f'itilm phis incorporates,omtnunit� and stakcll(IldCr in})ut to ct'catt::i r;:w park consistent\+"ith('ity Council dir:ciion:and \1 HE:REM in C-alitt mO Ew int:mamd Qualm Act t('l.tJU r ,ltum a 14,i .. DenAi noti a]I, an I :I�u nn:r:ual Ite\ic\k DOCu1:'.C1"lt based ten I:et Pr„j.,1 1)escrip-oon betin-;consiruction on any proposed LICvelopment project; N(3W, THE:REF011M BE: IT RE!+tME:D that the City ('ru ncii os'th,:C its of ,UI11)0191 Ini t tin)i 1'1..d Oi ng> f!+!tilt P!wi as a Projoc:t DerieripCnn :or an Fn%irl nintmia! Ra:\i,:%\ Uo,:umittt a,requir.d 1-y C'E:Q:\. Ap 1,r,n.d and adopted tt:,s 26:th,ti't,f Jul}.2010. 1, the undersigned. hetcb�, crritt, th-t tt;c tor,:�oiti� Resolution Number rat 'j L%"as dul} adopted by the City t"ouncil.,(tlic Cit, of \ c,: ABR WA. Rtt IF1\10. Noes: I VANS \bscr,t \hrtinwi :1b,teniin:c1 i I Da\id Earl Woods. Ma or . !!. Ciur;fi+t~i.'i~itr�im ti,, Cleck 1 - ) AI f f.t l\f U.3ti 1 O I"()f.\1: \'inteni L' i _City A- tiurnc� i i ATTACHMENT B: Cooley Landing Initial Study and Proposed Mitigated Negative Declaration Note: Staff put this document, as well as Attachment E: Comments and Responses, into the mailboxes of Council Members on Tuesday, February 8, 2011, to allow them extra time for review. The full document is also available at www.cooleylanding.org, at public library at 2415 University Ave., at the Planning Division at 1960 Tate Street, or at the City Hall office at 2415 University Ave., 2 d Floor. i I ATTACHMENT C: MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO JANUARY 2011 PREFACE Section '"'1081 of the Caliromia F-Aivironmental Quality Act(CI:QA)requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid sib nificalit cfl€cts on the environment. The purpose of tile momwring and reporting program is to ensure compliance Nvith the mitigation measures during pro ject implementation. The Initial Study/Mitigated Negative Declaration concluded that tile implementation ofthc project could result in a number ol'significant eftircts on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. 'This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented. Cooley Landing Park Project January 2011 Mitigation Monitoring& Reporting Program Page 1 MITIGATION MONITORING AND REPORTING PROGRAM COOL EY LANDING PARK PROJECT CITY OFFAST PALL)ALTO 7-7—Ti m—efra Hie and Responsibility 1 Method of Oversight of Impact Mitigation and Standard Measures for Compliance Implementation BIOLOGICAL RESOURCES Impact 331(}-I. MIDI I3IC)-1.1: t qualified bicalcaf;ical meaniCor(s>will be present I The project City Planning City Planning Project development during all construction work taking place adjacent to salt inarsh proponents are Manager shall Manager could result in habitats. This monitoring shall be repeated in each construction responsible for ensure all significant impacts to phase that occurs adjacent to salt marsh habitats. The monitors s implementing measures are USFWS federally and state must have experience in monitoring sensitive resource issues on mitigation implemented listed endangered salt construction projects. Prior to the initiation of construction, measures CDFG marsh harvest mouse qualifications of the prospective biological monitor(s)will be B10-1.1 to MM All measures shall individuals, submitted to the USFWS and CDFG tor review and approval. B10-1.12 prior it), be printed on all The monitorts)will have the authority to halt construction,ifE during,and after construction necessary,when noncompliance actions occur. The biological construction. documents, monitor(s)Nvill be the contact person for any employee or contracts,and contractor who might inadvertently kill or injure a listed species project plans. 1 or anyone who finds a dead, injured,or entrapped listed species. MM RIO-1.2: Prior to the start of any ground disturbing activities on the site, the biological monitor will provide an endangered species training program to all personnel involved in project construction. This training shall he repeated for new personnel in cach.of construction phase that involves ground 'i disturbance, At a minimum,the employee education program will consist of a brief presentation by persons knowledgeable about salt marsh harvest mouse biology and legislative protection to explain concerns to contractors,their employees, and agency personnel involved with implementation of the project. The program will include the following: a description needs,any rT)q�of occurre—c- of the species and their habitat n Cooley Landing Park flrqicct Januat)r 2011 Mitigation Monitoring& Roporting Progrivrn Page 2 wej2oy iuiuodqj-,V.fttjojtuoIN uotivAiliN 1107�Jrnurf L ------------ tplm palloi 01 M04 Uo UOIS!1ap U-.)Pt?Lti SUL(put,pliarluol i aar 94(1-)PUU SiA:]Sfl 141 I!Iuii pimiqui;3i aq iou llt liom Inju jJOM aq)aAWWI 1OUS-10P OSnOtll atlljl 'PUPOU-M,D'A(L) pue SMASf,l aq) PUV UOIIIIOA UANO Sit UO WIM)IJOAM,34jJ0,(I!UI'.)IA III S;)AIC.11 .1STIOU]aqj I!)Un JOIIUOW mdlojoiq q,�Iiiuipiwtui I IL -141 paddois,.)q ll!m liom luoilmilsuo3liftitinp atop mts-uo pimasqo si -,)snotu jS3Ajvq qSlVLU JjrS UJI :r-1-0111 JklI*'T -ram,vak-wid n4i -)q jj!� joddlis jo ip!sui iti)uo am,p. ld -A guou-ji uotsnjaxi mli iql i �JIV °lxvlj III)31pull I'mirn ioutira 1:11lu IPLII 05 S.xj Iu I o'NA Flo tildap r of paiinq aq ll!m uioiloq -.wql put,lq',,inojqisSvd 01 13RU isa"Urq molly IOU saOP Iry It'lialptu rjo )PLw 14 jpm..*U�j aj.j. -aIlS aq)UO S.11j!AljlV 2uiqjnisip punoiS AuvjO urns a4l ol Joyd emu jjom pautjap v punom pmid aq ll!m Suiauzj uoisnl:)x.) ,(moduim's.immin uoq3tuisuo3 Rutinp vair uoilpjolsaj -)qi qiinojqi RUlAoUl wOI a3iuj isaAjvq qsjuw JIVS JU.IA.Il z - J 0,I. -WIM JJOM Otp IJOIJ 3Arq amm lin w4i ainsui of as now ISaAJI?q 4%lb'Ul IIICS.IOJ buns uoiianilsuoi-aid r alaIdLum uiql III isigojoiq pm iletib itij, -puuti i(q ssrollirs pur pii,-A.)11-,)Id "" .IAOW.IJ istRojoiq potplutib iqi *uiip uoprioisai m!qvq Irlifill;U ly Ul IrAOw3j StiqaP JO U011ripamaj pos of parlay ,0111AMrSutyrnsip punoAjo uoiletlitu ol jotid :f-1-018 KIN -Bututan aqi Ut PaAJOAUI JIL,01 palrlq!jlslp aq ll!.NN uourtuiolut %ILI)Buiumnuo-a sways ovxj -1.jom aql',iutjiip mp oi si- ampai oi ualm itui. s i s jo isq e �.maads os� vadun )q a n umu Puvvs-I,)Pull Vs-jj 13pun uotoijoid JI.-ILIJ put,asnom jS.)AJT!q qs.irm qrs iqijo snjms.)qijo ummurldxi ur.'eme uoilm,1111 u! ollult I I tul v—1t I .1dwo') Aoj vainsralk Piepuni"q pun U011"311!tv l3rdmi JO JqttlSJ3Ao it) poqj.)Ilkl Appqtsuods.)" puraturijitilljL OJAV 0']Vd ISN13 .40 AID 133Jr0Hd 'XHV,d 91NIONN't AT1003 KV11'90Hd '9N 111HOJIM GNIV fAIM011NOIN' N01TV91111,V, MITIGATION MONITORING AND RFPOWFING PROGRAM COOLEY LANDING PARK PROJECT CITY OF LAST PALO ALTO Timeframe and Responsibility Method of Oversight of Impact Mitigation and Standard Measures for Compliance Implementation Im lementation activities. "l"he biological monitor will direct the contractor on how to proceed accordingly. The biological monitor or any other persons at the site will not pursue,capture, handle,or harass any mouse observed. The City will contract with the United States Department of Agriculture(USDA) Wildlife Services to provide predator control services. During construction, if the biological monitor or other personnel observe ravens, crows,or other predators,they will alert USDA staff to address predators appropriately, 1 MM BIO-1.5-. All personnel and any equipment will be required to stay,within the designated work sites and access corridors and will not be allowed to enter adjacent salt marsh wetlands, drainages,or habitat of listed species. Pets will not be allowed in or near the work site during or after construction. Firearms will not he allowed in or near the work, sites. No intentional killing or injury of wildlife will be permitted. The work sites will be maintained in a clean condition. All trash(e.g., food scraps,cans, bottles,containers, wrappers,cigarette,butts,and other discarded items)will he placed in closed containers and properly disposed of offsite on a daily basis. No fires will be permitted at any of the work sites. MM RIO-1.6: Prior to the start of construction,a Refugial Habitat Design Plan for the marsh restoration work at the 1 southwestem portion of the site will be prepared by a qualified biologist for review and approval by the USFWS and CDFG. No construction associated with restoration and enhancement activities within this area will he allowed to begin until Cooley Landing Park Project JantiaT),2011 Mitigation Monitoring&Reporting Prograin ['age 4 MIT IGATION MONITORINGI AND ILIA PORTINGS PROG*RAM COOLEY LANDING PARK PROJFCT CITY OF F.AST PALL ALTO 1 "ritnefraine and Responsibility i Method of Oversight of Impact Mitigation and Standard Measures for Compliance Implementation ImPlementation from the USFWS and CDFG has been received. All design components incorporated into the final restoration plan will be considered in light of their benefits to the salt marsh harvest mouse. All long-term habitat restoration and enhancement items will be designed and implemented so that these areas may be tit it ized by the salt marsh harvest mouse for nearly 100 years I given current sea level rise,predictions. The restored refugial habitat in the southwestern portion ofthe site will remain closed to public access in perpetuity. MM RIO-1.7: Appropriate erosion control materials such as straw rolls will be installed as needed during construction activities within the project area. During construction activities, exclusion fencing(silt type)will be placed on both sides of the access road, between the MROSD gate and the cast end of the access road. All vehicle speeds on unpaved roads will be limited to 15 mph. MM BIO-1.8: I lazardous materials used during the work period fuels, lubricants. solvents,etc.)will be controlled,cleaned tip,and property disposed of outside the tidal marsh areas. Refueling areas for any equipment will be located at upland sites outside of wetlands. MH BIO-1.9: After construction,a final clean-tip will include removal of all refuse, materials. and facilities generated by the work. Vegetation will not be removed or disturbed in the clean- up process. Cooley Landing Park Project January 2011 Mitigation Monitoring&Reportigg Program Page 5 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility ( Method of Oversight of for Compliance Implementation Implementation MM BIO-1.10: If requested, before, during,or upon completion of construction,the City of Last Palo Alto will allow access by USFWS and CDFG personnel to the work areas to inspect effects, if any, upon the activities on the salt marsh harvest mouse. MM BIO-1.11: Subsequent to construction,the City of East Palo Alto will submit a compliance report,prepared by the biological monitor,to the USFWS and CDFG within 60 days after completion of the work. This report will detail the dates the work occurred; information concerning the success of the actions in meeting the recommended avoidance and minimization measures; any effects on the salt marsh harvest mouse; documentation of the worker environmental awareness training; and any other pertinent information. MM BIO-1.12: The following describes various design measures that will further avoid impacts to salt marsh harvest mouse during project operation: • Interpretative signage will be placed along the length of the proposed shoreline trail to encourage awareness within the public of wetlands ecology,endangered species life histories, species/predator interactions,and how predation of sensitive species can be minimized. Additional signs will be placed at various points throughout the trail system to remind park users that pets are not allowed,and to indicate that trespassing is not allowed within refugial habitat restoration area. signage in picnic areas�titll be rovided to Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 6 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation anti Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation indicate that feeding of wildlife is prohibited and why it is not allowed. Enforcement of the ban on dogs will be the responsibility of the City of East Palo Alto Police Department. • Educational materials and signage at the kayaklcanoe launch will advise against recreational use of canoes and kayaks within or in the vicinity of the marshes of the Laumeister Tract due to danger of stranding during low tide conditions. • Trash cans, recycling containers,and the dumpster will be animal proof to reduce the amount of waste available to vermin and other predators. All loose trash(e.g., litter, food scraps,cans, bottles,containers,wrappers, cigarette butts, and other discarded items)will be properly disposed on a daily basis. • All new lighting poles, interpretative signs, information kiosks,and fencing will be designed and established so as to discourage perching or roosting activities of avian predators (e.g., spikes can be placed on light fixtures and other possible perches). • Native shrubs will be planted along the shoreline below the pedestrian access trail to provide visual screening between wildlife and public trail users. The shrubs will have growth characteristics that discourage perching or roosting of avian predators. Prior to implementing landscaping designs for this area,the proposed planting palette will be submitted for review and approval by the USFWS, CDFG,and predator control stall'. • Use of the trail system will be limited to pedestrian and/or Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 7 MITIGATION MONITORING A.ND REPORTING PROGRAM CO)O)LEY LANDING PARK PROl C'I' CITY OF EAST PALO ALTO) Timeframe an j. Impact i Responsibility Method of Oversight of I Mitigation and Standard Measures i for Compliance Implementation Implementation bicycle use only. Public users will he prohibited from using all terrain vehicles(A°I`Vs)or other motorized equipment on i the parkland trail system. Battery operated wheelchairs or rather similar mechanisms associated with access for disabled individuals will be allowed. • Educational pamphlets,brochures,and rather materials will ? he provided to park users to educate the public on minimization measures that can he undertaken to prevent feral and domestic pets and rodents from diminishing habitat duality within tlae project area. « The City,will contract with USDA Wildlife Services to 1 provide ongoing predator control services as needed, I including trapping. 1 Impact RIO-2: MM BIt) 2.1: Construction work will be initiated can or after Prior to the start 1 A report prepared City Planning Project construction September I and completed oft or before January 31 to avoid the of construction, if ? by a qualified Manager could result in short- nesting season of the Calif<arnia clapper rail. If work in this area construction is ' biologist terns significant is proposed after January 31 and prior to September 1, protocol initiated after � documenting the CDFG impacts to federally breeding surveys for California clapper rail will he completed January 31 and results to the: and state, listed f prior to any ground disturbing activities to determine the extent prior to survey shall be USFWS endangered California ' and location of nesting clapper rails. Results of protocol September I,the submitted to the clapper rail breeding surveys will be submitted to the USFWS and C DI-'G for project contractor City Planning individuals. a determination of whether work proposed within 700 feet of shall retain a Manager,CIJF , clapper rail nest (ear the activity center ofvocalirin�clapper qualified biologist and IfI=tS vicar ple � lap � � p t t discovered during such surveys will be rescheduled to to complete thew ea construction. rails) y p occur during,the period from September I to January 31. necessary * In addition to tlae construction period above,. the following surveys. All measures shall specific construction work may also be completed June 1 be printed on all thr<>u ate Wolper I j ll additional construction Cooley Landing Parts Prefect January 2011 Mitigation Wteitevring& Reporting Program Page 8 I MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY 01: EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures for ; Method of Oversight of for Compliance Implementation (- i-, m lcmentat'son ■ "free pruning and installation of temporary fencing measures shall be ( documents, T around trees to remain completed contracts,and ■ "free removal according to the project plans. ■ Removal of barbed wire knee,unused pedestrian bridge, specified utility poles, water tank construction • Removal of asphalt paving(16,000 sf)and gravel access timeframe by the road(6,000 sf) project • Temporary construction fencing at cast end of existing proponents. parking lot ■ Stormwater pollution prevention measures(silt fences, truck tire wash-offs, wattles,etc.) • Clearing and grubbing understory vegetation cast of iparcel line(avoiding wetland,shoreline,and tidal marsh areas) ■ Rough grading of upland areas ■ No more than 4 trucks per day importing clean soil and rough grading to distribute soil and placing only on the eastern half of the peninsula, farthest from the marsh area. The following construction activities may only take place between September 1 and January 31: ■ Removal/relocation of concrete debris in wetland area ■ Rip rap augmentation along shoreline Disassembly ofsteel boat launch structure between jetties • Revegetation efforts near the«etland or tidal marsh areas ■ Import clean fill onto the site NINI BIO-2.2: Implement MM 1310-1.5 through MM B10-1.12. The California clapper rail and salt marsh harvest mouse are Coolcy landing Park Proiect January 2011 Mitigation Monitoring&Reporting Program Page 9 MITIGATION MONITORING AND REPORTING 1'ROGRANI COOLEY LANDING PARK PROJECT _ CITY OF EAST 1'ALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation _ Implementation _ founI in similar locations in the vicinity of the project site and the measures necessary for species protection are similar for both. Thus, implementing Mitigation Measures BIO-1.5 through 1.12 relevant to the salt marsh harvest mouse would also mitigate impacts to the California clapper rail. Impact BIO-3.: MM BIO-3.1: Rank stabilization work along the shoreline will During all bank The City Planning City Planning Project construction be subject to the following measures: stabilization .work Manager and/or Manager could result in . disturbance and removal of aquatic vegetation will be along shoreline by designated project significant short-term avoided, project representative impacts to federally . limit the duration and extent of in-water work to the contractors. will ensure that and state listed minimum necessary to complete the work; the contractors threatened Central . implement best management practices and use of silt fence implement the California coast or straw wattles to control sedimentation in runoff; and bank stabilization steelhcad and green . complete in-water work only during low tides to minimize I measures. sturgeon. the number of fish in the vicinity,and when steelhead are less likely to be in the project vicinity(from .tune i through All measures shall November 30). be printed on all construction MM BIO-3.2: Hazardous materials used during the construction i documents, period(e.g., fuels, lubricants, solvents,etc.)will be controlled, contracts, and cleaned up,and properly disposed of outside the tidal marsh project plans. areas. Refueling areas for any equipment will be located at upland site,,outside of wetlands. Impact B10-4. The MM BIO--t.l. If possible.construction should be scheduled � I rior to the start A report prepared City I lannmg project would result in between October and December(inclusive)to avoid tau raptor of construction by a qualified Manager significant impacts to nesting season. If this is not possible, pre-construction surveys the project ornithologist nesting birds, if rp esent 1 1'or nesting raptors will be completed by a qualified ornitholo gist proponents shall documenting the CDFG Coole) Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Yagc 10 I MITIGATION MONITORING ANI) REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO 'l'imeframc and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation _ implementation on-site prior to project to identify active raptor nests that may be disturbed during retain a qualified results to the construction. project implementation. Between January and April (inclusive) ornithologist to survey and any pre-construction surveys will be completed no more than 14 days complete the designated buffer prior to the initiation of construction activities or tree relocation f required surveys. zones shall be or removal. Between May and August(inclusive), pre- 1 submitted to the construction surveys will be completed no more than thirty(30) City's Planning days prior to the initiation of these activities. 1'he surveying Manager prior to ornithologist will inspect all trees in and immediately adjacent to construction. the construction area for raptor nests. If an active raptor nest is found in or close enough to the construction area to be disturbed All measures shall by these activities,the ornithologist will,in consultation with be printed on all CDFG,designate a construction-free buffer zone (typically 250 construction feet)around the nest. The ornithologist will submit a report to documents, the City's Planning Manager indicating the results of the survey contracts,and and any designated buffer zones to the satisfaction of the City project plans. prior to the issuance of any grading or building permit. The City will contract with the USDA Wildlife Services to address any nests found during construction in a manner they determine appropriate. i CULTURAL RESOURCES Impact CUL-1: MM CUL-1.I:Should any archaeological or paleontological To be Ifcultural City Planning Implementation of the indicators be exposed or discovered during either site preparation implemented if resources are Manager proposed project could or subsurface construction activities,all construction work any significant encountered a adversely impact within a 50400t radius of the find will be halted,the City archaeological or report will be City E'ngincer buried cultural Planning vianager and City Engineer will be notified.and a ; paleontological submitted by resources. qualified archaeologist or paleontologist will be retained to resources are qualified examine the find and make recommendations. The Cit of encountered. archacolo tst/ Cooley landing Park Project January 2011 Mitigation Monitoring R Reporting Prograin Noe 1 t 1lI WAIT() MONITORING AND R PORTIN(; PItOC AM COOLEY LANDIN(; PARK PROJECT CITY OF LAST PALO ALTO Timeframe anti Impact Mitigation and Standard MeasuresResponsibility I Method u! Oversight of for Compliance Implementation Implementation Menlo Park Community Development Director will also be Contractors shall ontologistpal c to notified. step work, in the the C'ity Planning 3 immediate area of Manager and the MM CUL-11.2:If human remains are discovered,the San Mateo ; the find,and Cite I-ngincer Count),Coroner be notified. The Coroner will determine noti(y the City whether or not the remains are Native American. If the Coroner l representative and All treasures shall determines that the remains are not suklect to his authority, Coroner as be printed on all i he/she will notify the Native American Heritage Commission appropriate. ! construction who will attempt to identify descendants ofthe deceased. documents, } contracts,and MM C'I L-1,.3:Ifan archeologist or paleontologist determines project plans. that the find is not a significant resource,work will resume only after the submittal of preliminary report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants(if the deceased Native American and for reburial will follow the protocol set forth in the C:> QA Guidelines Section 15126.4. Ifthe site is found to be a significant archaeological site.a mitigation program will be prepared and submitted to the City Planning Manager for consideration and approval, in conformance with the protocol set forth in the CAI-QA Guidelines section 1512-6.4. MM CUL•1.4:A final report will be prepared when a find is determined to be a significant archaeological or paleontological site,and/or when Native American remains are found on the site. The final report will include background information on the completed work,a description and list of identified resources,the disposition and curation of these resources,testing,other recovered information, and conclusions. Conley Landing Park Pro'Ject January 2011 Mitigation Monitoring& Reporting Prograin Pape 12 mri-ICATIONMONITORING AND REPORTING PROCRAM COOLEY LANDIN(. PARK PROJECT CITY OF EAST ALTO Timeframe and Responsibility Method of Impact 1*11itigation and Standard Measures Oversight of for Compliance I Implementation Implementation IIVDROLOGY AND WATER QUALITY Impact IIYD-I: MM IIYD-1.I: Prior it)the commencement of any clearing, Prior the start of The City City Planning Implementation of the grading or importing soil, the project will comply with the State grading and Engineer shall I'vianager proposed project could Water Resources Control Board's National Pollutant Discharge demolition by the review and result in significant 1--limination System (NPDFS)General Construction Activities project engineer approve the City Engineer water quality impacts Permit,to the satisfaction of the East Palo Alto Director of finalized SwPP[ during construction. Public Works,as follows: RWQCB • The City will develop, implement,and maintain a Storm All measures Water Pollution Prevention Plan(SWPPP)to control the shall be printed discharge of stormwater pollutants including sediments on all associated with construction activities; and 3 construction • The City will file a Notice of Intent(NO[)with the State documents, Water Resource s Control Board(SWRCB). contracts,and project plans. MM IIVD-1.2: The project will include Best Management Practices(13MPs)to control the discharge of stormwater Pollutants including sediments associated with construction activities. Prior to the issuance of a grading permit by the City of East Palo Alto,the project may be required to submit ail Erosion Control Plan to the City Project Frigincer. The Erosion Control Plan will include applicable BMPs as specified in ABAG's Manual ot'Standards Erosion& Sediment Control Measures for reducing impacts on the City of East Palo Alto's storm drainage system from construction activities, NIM IIYD-L3: The project will comply with the City of East Pato Alto*s(4rading Ordinance, including erosion and dust control measures Turing site preparation and with the,City of Cooley Landing Park Project January 2011 Mitigation Monitoring& Reporting Progrann Page 13 IN-11TIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDINC PARK PROJECT CITY OF FAST PALL ALTO limeframe and Responsibility Method of Oversight of Impact Mitigation and Standard Measures for Compliance Implementation TLAcme J I I utat on Fast Pato Alto's Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during I construction. The following specific BMPs will be implemented to prevent stormwater pollution and minimize potential sedimentation during construction: Restrict grading to the dry season(April 15 through October 15)or meet City of I-last Palo Alto requirements for grading during the rai Iny season, Ultilize on-site sediment control BMI's to retain sediment on the proJiect site, Utilize stabilized construction entrances and/or wash racks., • Implement damp street sweeping: Provide temporary cover of disturbed surfaces to help control erosion during construction: Provide permanent cover to stabilize the disturbed surfaces after construction has been completed; No equipment will he operated in tidal water areas of the shorelines on or adjacent to the site; • All itrcNatcr work will only be completed during low, tide to minimix the number of fish in the vicinity, No debris, soil, silt,sand, bark,slash,sawdust,cement, concrete, washings, petroleum products,or other organic or earthen material will he allowed to enter into or be placed where it may be washed by rainfall or runoff into aquatic or wetland habitat; St andard erosion control and slope stabilization measures will he required for work completed in any area where erosion could lead to sedimentation of a water bodv. For ............. ........... ......... ...... ............ Cooley Landing,Park Project January 2011 Mitigation Monitoring&Reporting Program Page 14 MITIGATION MONITORING AND REPORTING PROGRAINI COOLEY LANDING PARK PROJECT CITY OF EAST PALL ALTO _ Timefr.imc and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation _ Implementation example, silt-fencing will be installed just outside the limits of grading and construction in any areas where such activities will occur upslope from.and within 50 feet ol'. any wetland, aquatic,or marsh habitat. This fencing will be inspected and maintained regularly throughout the duration of construction; • Machinery will be refueled at least 60 feet from any aquatic habitat,and a spill prevention and response plan will be developed and approved by the City of last Palo Alto. All workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur. • Soil stockpiling,equipment staging.construction access, and j other intensive soil-disturbing activities will not occur immediately adjacent to any wetlands. The limits of the construction area will be clearly demarcated with Environmentally Sensitive Area fencing by a qualified biologist to avoid inadvertent disturbance outside the fence during construction activities. • Dust suppression (e.g., using watering trucks) will be implemented during all grading,construction.and soil stockpiling activities that have tine potential to mobilize dust I to keep dust from being transported to vegetated wetlands nearby. If soil stockpiles are to remain on the site for long periods of time prior to the start of grading. they will be hydro-seeded so that vegetation will suppress dust and inhibit erosion. Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Pagc 15 MITIGATION MONITORING AND REPORTING PROGRAM COOLI•Y LANDING PARK PROJECT _ CITY OF EAST PALO ALTO Timeframe and Responsibility Method of Oversight of Impact Mitigation and Standard Measures for Compliance Implementation Implementation LAND USE Impact LU-1: MM LtJ 1.1: Prior to opening the Cooley Landing area to The project Approval from MROSI) and Implementation of the fishing and boating,project proponents shall obtain MROSD proponents shall MROSD City Planning fishing and boating designation of the area as a permitted fishing and boating area. obtain necessary Manager provision of the project In the event that such designation is not obtained, facilities will designation for could result in a be designed to discourage such uses and signs prohibiting fishing , fishing and conflict with MROSD and boating will be posted. I boating from land use ordinances. MROSD j SOURCE City of Cast Palo Alto,Cooley Landing Park Project Initial Seedy,December 2010. Cooley Landing Park Project January 2011 Mitigation Monitoring K Reporting Program Page 16 ATTACHMENTD: PUBLIC OUTREACH REGARDING COOLI-Y LANDING PROPOSED MITIGATED NEGATIVE DECLARATION 12/22/2010—Notification of 30 day public comment period 1/14/2011 --Notification of Planning Commission Public Hearling 2/4/2011 —Notification of City Council Public I fearing I- Mailed to property owners within 1000 ft and to interested parties on the Midpeninsula Regional Open Space District mailing list (12/22/2010, 1/14/2011, 2/4/2011) 2- Notices laminated and tacked or stapled onto wooden posts at several locations at and near Cooley Landing site within 1000 foot radius (12/22/2010, 1/14/2011, 2,14/2011 3- Posted at bulletin boards at City I fall (2415 University Ave.) and Planning Division (1960 Tate St.) (12/22/2010, 1/14/2011, 2/4/2011) 4- Daily News classified advertisement. Notice of Intent (NOi) ran 12/24/2010, 1/14/2011, 2/4/2011 5- Hard copy of full document at East Palo Alto Branch of San Mateo Count)' Public Library 12/22/2010 6- County stamped NOI 12/22/2010 and posted at Redwood City Courthouse 7- Newsletter announcement emailed, to 250 community members and 100 external partners (I/12/2011, 1/14/2 011, 2/5/2011 8- Host community meeting at City Hall on January 20, 2011, 7 pm,to take comments and answer questions 9- Facebook posting 1/151220 11 inviting people to Community Meeting 1/20/2011 and Planning Commission Meeting 1/24/2011 10-Website post on %N xoojc, (12/21/2010, 1/14/2011,. 2/7/2011) I I-Emailed to agencies (12/22/2011, 1/14/2011, 2/4/2011): • US Fish and Wildlife Service—Regulatory & Don I-I'dwards Wildlife Refuge • US Army Corps of Engineers • City of Menlo Park Menlo Park - Community Development, Parks & Recreation Commission staff, City Attorney • County Airport Land Use Commission staff • Coastal Conservancy • San Francisquito Creek Joint Powers Authority (.IPA) • City of Palo Alto • San Francisco Public Utilities Commission(SF PUQ • Peninsula Open Space Trust (POST) • Midpeninsula Regional Open Space District • State Lands Commission • Don Edwards Refuge • National Marine Fisheries Service • San Francisco Bay Conservation and Development Commission • California State Fish & Game • Menlo Park Fire Protection District • County of San Mateo Parks Division • Silicon Vallev Bike Coalition • Ravenswood City School District 0 Sequoia 1"Inion High School District • County of San Mateo Parks Division • San Francisco Bay Trail Program • County of San Mateo Health Department • Cal Recycle • US Coast Guard 0 East Palo Alto Sanitary District • County of San Mateo Mosquito Abatement District • San Francisco Regional Water Quality Control Board ATTACHRIF,NT E; Coole},Lauding CEQA lititiai Stu4t, CommeutslQuestions and Responses February 15, 2011 The Cooley Landing Initial Study,as required by the California Environmental Quality Act (CI:QA) was released for public comment on December 22, 2010, through January 21, 2011, and available through the k%% N%.coole%lmidi Nvebsite or at the East Palo Alto Public Library. Below arc comments received, mostly at the community meeting January 20, 2011,and the Plan-ning Commission Meeting January 24, 2011, both held in Fast Palo Alto City Hall. Below are responses drafted by the City of Last Palo Alto staff and its partners and consultants. Commenter R om date Cmentk�estions Ite�Pnses — __ Agency counnents _ _ — Uaren Ander "I received and read the N/A son, Division initial study. Thank you I Manager, Parks, for sending it to me. It i Open Space, and looks terrific! Golf,. City ol'Palo Alto Community Services (email, 1/7/2011) Arlinda I leineck, We will not be making Note: Ms. I Ieineck gave comments to help clarify various details on an earlier � Director, any comments draft of the Initial Study, and these comments were incorporated in the version Community released to the public. Development, City of Menlo Park {Telephone conversation. f Megan Peterson I) The City of F.ast Palo Alto will need to do their own verification 1 if the timing and other tlacto�rkor_k_s__] Environmental (testing)of the appropriateness of Bay Tunnel spoils for onsite reuse on out to make the Bay Tunnel spoils the Compliance the City of East Palo Alto's Cooley Landing Project. best source for till, then the project Manger- Bay 2)Thc disposal_ofBay Tunnel spoils is part of the scope of the Bay would work with the SF PUC and the 'Funnel Project Tunnel Contractor(Nlichels-Jay Dee- Coluccio Joint Venture)-, Regional Water Quality Control Consultant,'FRC j therefore, the City of East Palo Alto will have to coordinate with MJC- Board, the County of San Mateo Sail Francisco JV as they are responsible for spoil disposal. Environmental Health Division to Public Utilities 3)Use of Bay Tunnel spoil material would require truck travel from the ensure protection of public health and Commission Ravenswood access road entrance southbound on University Avenue to the environment. (Sl:PuC) Bay Road and out to Cooley Landing. Currently SFPUC Bay Tunnel FIR' mitigation requirements prohibit southbound travel on University Avenue through the City of East Palo Alto. This would require a Minor Project Modification to the Bay Tunnel mitigation measures and an ptgrcc�mcnt with the City of EPA to allow truck travel through the Citv.- 4)The Cooley Landing site was not identified in SFPUC's 13DPL EIR as a disposal site and would likely require a Minor Project Modification to add this site to the list of disposal options,first verifying that the City of East Palo Alto*s regulatory and resource agency permits are in place to accept fill material on their project. Conunttnitt,Comments I NOTE: The comments in the nest section all cane verbal[j root at the Community Meeting Jan nary 20, 2011 Bernardo Iluerta. How will you keep the Contractors will install silt fences and will Cover the soil with mulch and seeds as soon East Palo Alto soil from washing off as possible after the rainy season starts so that new vegetation will hold in the soil. Planning ! in the rain after you (See pp. 52 -- 55 of Appendix I). the Remedial Action Plan) Commissioner i cap the contamination on the site Bob Gomez, East You should reuse the i Unfortunately, these are very old and likely to be contain creosote. which has arsenic, Palo Alto resident existing telephone which is toxic. We will have to remove them and properly dispose of them in it poles. manncr that does not expose people or the environment to that hazard. (Specification _ _ _ will made be in the final construction documents) Anna Turner, How will you avoid Before construction begins, a biological monitor will look for Salt Marsh I Iarvest Youth United for impacts from 'Mice and hand-remove pickleweed to make sure no mice are hiding. We will install Community Action ! construction oil the silt fencing. We will replace all contaminated soil removed with new clean soil that is onsite wetlands area? at the same or lower elevation to facilitate restoration. A biological monitor will f _ oversee construction activities. (See pp.46-53 of the Initial Study) Nancy Leech, Jane Will debris removal I The southwest portion of the site contains large piles of concrete debris abandoned on Leech Memorial harm endangered the site decades ago. The debris harbors predators to endangered California Clapper Fund Advisory species? Rails and Salt Marsh Harvest Mice. These predators could include rats, feral cats, red Committee : foxes, raccoons, or other predators. The project plans to either remove or bury this iconcrete debris,which will actually improve conditions for endangered species. (See p. 46 of Initial Study) Joel Kushins, Will you have a buffer Construction will not occur during California Clapper Rail nesting season except very Environmental zone to protect limited construction during June—August only in the eastern portion of the site. Consultant endangered species? farthest from endangered species habitat. Outside ofthis season, the US Fish and Wildlife Service (USFWS) has not asked for an}, buffer zone. Cooley landing is mostly upland and does not have habitat that is likely to host any endangered species. i (See . 45 and p. 49 of initial Study) — Joel Kushins, Will the project have The USFWS has informally asked to limit soil import to no more than 4 trucks per day Environmental enough time to lay all before September 1, the end of California Clapper Rail nesting season. After that, at Consultant the soil needed before 64 trucks per day. the contractor should be able to import 27,000 cubic yards of soil in the rainy season 5 weeks. Botanists from various agencies have recommended that the ideal planting begins? time for a mix of native plant species is October 15 —November 7 because of the rain and temperature. Even if the project is delayed and this window is missed. the landscape architect is building in a backup plan to plant the site with a smaller mix of i native species that can germinate later in the season and then plant the broader mix the following year at the ideal time. (See p. 51 of the Initial Study) _ Bernardo Huerta, Clapper rails are It will probably take until September 1 to be ready for construction anyway, so this Plarming resilient, so restriction does not delay the project. (See p. 51 of the Initial Study) Commissioner construction should __ not need to be limited Bob Gomel, East Wilt you take out the The project will either remove or bury the existing concrete debris. See above Palo Alto resident cement? explanation about concrete debris removal and burial. (See p. 46 of the Initial Study) Bob Gomez, East Can local high school Much of the earthmoving work involves exposure to contamination, so workers will Palo Alto resident students do this work`? j need special health and safety training to do this work safely. Some local youth- serving organizations have asked to contribute volunteer services. Planting new vegetation after the contamination has been capped is one way to contribute. The project will organize events in which high school students can contribute. In addition, the project has already hired local high school students f'or outreach and design. (See P 73 of the Initial Stuq)) Bernardo Huerta, Will construction Construction workers will be allowed to cat lunch, but all trash will be contained Planning workers be allowed to onsite to avoid attracting predators such as crows. (See pp. 47-48 of Initial Study) Commissioner cat their lunch at the site? Or will that harm II cndanj�ercd s cries? I i rBern ardo Huerta, �� Will you plant big file project will work with Canopy Non-profit group to plant new trees, focusing on j Planning ! trees. such as native and/or drought tolerant species that do not provide perches for predators. Coast Commissioner redwoods and oaks? Live Oaks onsite now are doing well, so that is one species that arborists at Canopy recommends. Redwoods would not be appropriate because they require more water. j In addition, they have shallow root systems so they are more easily blown over. Blowing over would bring roots up and potentially expose contaminated soil. (See p. 3 of Initial Study) _ Bernardo Huerta, Please save the large 3 Unfortunately, the soil in this mud boat ramp was tested and found to have iPlanning I tree by the current contamination. 'Therefore, this soil will need to be dug out and replaced with new i ( clean soil. This tree is not likely to survive the removal of contamination.Commissioner mud boat ramp area in the southwest portion Nevertheless,other new trees will be planted as part of the project. (See p. 73 of _ of the site _ initial Study) Nancy Leech, Jane Please minimize In response to previous community preference for less parking, the project has been Leech Memorial parking changed to remove the parking on the south side of the road and note that in Phase 6, I Fund Advisory ' which would be constructed no sooner than 6 years from now, it could be added as a Committee last resort it; and on1v if, community need for the extra parking has been established based on actual park usage. (See p. 107 of Initial Stud_` _ I Bernardo Huerta. Will you cap the j Yes.the project will put an asphalt cap on top of the two jetties to protect the public Platlning-- jetties? — and t1lC Ctivlr011meilt irolll contamination. (Specification will be in final CU11StructlOn Commissioner _ `1 documents) —� -- -- — Planning Commission Comments/Questions January 24, 2011 _ T/re foltowinje eommeutsh uj estions are all front Planni!�C"missioners Robert Allen Coolcy Landing has I Currently the site is covered with non-native, invasive weeds. The project would cover these many non-native with 2 feet of clean dirt and plant new mostly native grasses and (orbs. The plant experts plants. Will you plant from the Midpeninsula Regional Open Space District and Don Edwards Wildlife Refuge areas of native grass ' have recommended plant communities appropriate for the conditions and anticipated uses at species? different sections of the site and plant palettes that would create ecosystems at those locations that would be similar to mixes in natural environments. (See p. 20 of tile Biological Assessment) Robert Allen What is the alkali flat This is the 0.08 acre section of the site in the southwest corner that supports wetlands. It habitat area`? contains pickleweed. Lead was found in this area. Therefore the project plans to excavate the existing lead and replace it with clean soil at the same or even slightly lower grade to ' facilitate natural restoration with seeds that will float in from the adjacent Faber Laumcister ____ tract, which is never-developed native wetlands. {Sec p. I2 ofthc Biological Assessment) Bernardo Will you include Fire i The Menlo Park Fire Protection District has asked for fire hydrants every 500 feet, so three I-Iuerta IIvdrants? Will the I fire hydrants are in the more detailed construction documents in progress now. We will i Menlo Park Fire invite this District to a meeting February 24 of the Design Review Committee to comment i Protection District on the 60%construction documents, which should be done within a week. li review fire hunts? Bernardo Will the access road The access Road has been in place at least since 1932 when the site opened as a County I luerta impact endangered burn dump. The project would not widen the road or change the road in any way that would species? increase negative impacts to endangered species. The US Dish& Wildlife Service regulatory staff person assigned to the project agreed that it would not require that we remove the existing road as part of this project. The overall project will actually enhance __ ! habitat for endangered species_ Court Does the lead onsitc , The Iead on this portion of the site exceeds the levels that the State Water Resources Control Skinner affect the icklcw•°d Board has determined to be a human health threat so this agency is requiring that the Sk c.ct t c « , p � g ! or the Salt Marsh ! Project clean up this portion of the site. It might also have ecological impacts. But the Harvest Mouse now? i Project will take care of those. Court _L)�'hat is a forb'? �� According to wikipedia."Forbs are herbaceous flowering plants that are not�raminoids FSkinncr (grasses,sedges and rushes).The term is frequently used in biology and in vegetation ecology, especially to relation to grasslands. Forbs represent a guild of plant species with I broadly similar growth form. which in ecology is often more important than taxonomic I relationship." I I Robert Have any responsible !{ The contamination in the top layer of soil is the concern because it could cause public or Slicrrard parties been found for ecological exposure. Carl Schoof, the former boat repair shop operator, brought that soil in. the contamination? He closed his business in 1999 to retire and passed away in 2004. Staff searched for record ol'his business, but the State Board of Equalization staff could not find a record. Staff believe it is unlikely to be able to find any responsible party to conduct the cleanup. Robert Does the project have The total project cost is expected to be S9 million. The project has received S 3 million in Sherrard funding? If so, who is grant and in-kind assistance from many funders and the City has committed $l million paying? mostly in park-in-lieu fees. This is enough funding to finish Phase 1. which is cleanup and I revegetation and a basic trail. The largest fenders are the Packard Foundation, State Department of Toxic Substances Control,US Environmental Protection Agency,and the I Pacific Forest and Watershed lands Stewardship Council. Iicrnardo How many jobs will be The project is committed to implement the City's First Source Hiring(FSI1) Policy. In Iluerta created? Will they be many community meetings, staff have distributed forms that potential job applicants can fill suitable for East Palo out to register as a local business or potential employee with Marie McKenzie's database. Alto residents? Are So far, whenever it has hired consultants or staff, it has gone to Marie McKenzie to see if you working with any local residents have registered as offering the requested skill set. The project has Marie McKenzie, the already hired 13 local residents or businesses for outreach, design, and technical planning, City,5 First Source studies. It asked finalists competing for the landscape architect contract to report what they Hiring Coordinator? would do to comply with the FSH policy. Callander Associates hired two local high school ' students to help with design. The Project will continue these practices, with the caveat that it must also comply with City and grant requirements for competitive bidding practices. The project has also talked with Job Train, which has a brownficlds cleanup program, founded with help from the US Environmental Protection Agency. Many of its graduates _ _ are likely to have skills the roject would need. _ gorgeIli Pi:.a 10 'it will You do with The Project plans to contract with the US Department of Agriculture Wildlife Services the predators you catch program to control predators that threaten endangered Calil'briva Clapper Rails and in the predator control endangered Salt Marsh I farvest Mouse. If that program finds pets with tags, it would try to program? return it to its owners. In the past, its contract has specified that 'fit finds unidentified animals,e.g. feral cats, it would send them to (lie Peninsula Humane Society in Redwood City, With crows and ravens, their populations are high, so USDA shoots and kills them. The project has not yet entered into a contract with USDA, but it would probably follow similar practices. Renee Glover The Initial Study says The proposed restriction was intended to restrict impacts of the large social events, such as Chantler the project will restrict birthday parties or family reunions, on the endangered species habitat. It was not intended the frequency of to restrict environmental education programs. If these programs were controlled and low gatherings of over 25 impact then they should not be a problem. This issue will be worked out in greater detail 1 people. Would this later Nvhcn regulations relating to operations are developed. restriction also apply to environmental __Leducation programs? Questions or comments? Contact Lily Lee., Cooley Landing Project Manager, 650-853-3166, 1k:c orscc www.cooleylanding.org Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: July 27, 2011 Re: FYIs r; Midpeninsula Regional Open Space District For Immediate Release i Date: July 14,2011 Contact: Rhea Maze,650.691.1200 x 566 MROSD purchases 175 acre property in hills above Los Gatos Los Altos, California [July 14, 20111 — The Midpeninsula Regional Open Space District's board of directors approved purchase of a 175.87-acre property from a private seller at a public meeting Wednesday night. The property, located four miles east of the town of Los Gatos in the vicinity of Guadalupe Reservoir and Almaden Quicksilver County Park, is in the middle of the Mount Umunhum area of Sierra Azul Open Space Preserve. I This purchase protects scenic views, biodiversity, critical wildlife linkages, and the Hicks Creek watershed, which is the last tributary before the Guadalupe dam and is regarded as key potential habitat for steelhead and the California red-legged frog. The Bad Area Open Space Cotrncil*s Conservation Lands Network identified the property as"Essential to Conservation Goals," indicating its important role in increasing biodiversity and preservation as part of a network of conservation lands. The property is also part of the regional network of critical habitat linkages now being planned by the Bay Area Critical Linkages Project. The District has identified potential future trail connections on the property linking the Rancho de Guadalupe and Newhagen Meadows area of Sierra Azul Open Space Preserve to the Bay Area Ridge Trail near Mt. El Sombroso. The property will remain closed to the public while the District secures the site, conducts resource management activities, removes structures, and implements its preliminary use and management plan to restore and maintain the area's natural condition. Created by voters in 1972,the Midpeninsula Regional Open Space District has successfully protected nearly 60,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a year. The District is an independent, non- enterprise, California special district whose mission is to acquire and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment,and provide opportunities for ecologically sensitive public enjoyment and education. www.openspace.org. I r � Midpeninsula Regional Open Spce District For Immediate Release Date: July 14,2011 Contact: Rhea Maze 650.691.1200 Ext 566 Local celebrate Invasive Weed Awareness Week groups Activities for community volunteers begin July 16 th Los Altos,California [July 14,20111—California Invasive Weed Awareness Week (CIWAW activities begin this weekend and the Midpeninsula eninsula Regional Open Space District(MROSD is busy working to eradicate invasive weeds and restore natural conditions with the help of the California Native Plant Society(CNPS),Acterra,REI, and local community volunteers. All three organizations are cooperating members of the San Mateo County Weed Management Area and are hosting volunteer projects in honor of CIWAW,which takes place July 18"-24`n 2011. All events are free of charge and open to the public. • MROSD's Preserve Partners are hosting a habitat restoration project at Bear Creek Redwoods Open Space Preserve on July 21". RSVP is required. • The District is teaming up with REI to remove invasive weeds in wildflower and native grassland at Russian Ridge Open Space Preserve on Saturday,July 23,d. RSVP is required. • On Saturday,July 16,from 9am-12 pin volunteers will have the opportunity to join CNPS's Edgewood Weed Warriors at Edgewood Park near Redwood City to remove invasive weeds,help restore biodiversity, and protect an array of rare species including the endangered bay checkerslo t butterfly.No registration is necessary and volunteers who would like more Y information n nta t Drew Shell at shell qi ccn .wcbtv.net.can contact ( � • Acterra is hostinga weed pulling event in Redwood Cit 's Stulsaft Park on Tuesday,July19tn p g Y Y and volunteers can register online at www.acterra.orL1. Invasive weeds in California interfere with plant, wildlife and habitat conservation, negatively impact agriculture, ranching, and recreation, and can be costly to control. Removing invasive weeds before they become uncontrollable protects biodiversity—the complex web of native plants and wildlife that make up the places we live in and visit—and preserves a healthy and beautiful natural environment for the benefit of all. CIWAW is an annual event that brings attention to the problems caused by invasive plants in California and to the work of local groups that help protect our natural areas and rangelands. Beginning the Yd Monday of July each year, CIWAW was adopted by the California State Legislature in 2004 to raise awareness of harmful invasive weeds and how to prevent their spread. Because many of these invasive species are dispersed by human activities,knowledgeable citizens can help to prevent new weed infestations and combat those already in place. For more information on local weed control efforts and public activities associated with CIWAW, please visit the Midpeninsula Regional Open Space District's website at www.openspace.org. Created by voters in 1972,the Midpeninsula Regional Open Space District has successfully protected nearly 60,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a year. 'the District is an independent, non- enterprise, California special district whose mission is to acquire and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment,and provide opportunities for ecologically sensitive public enjoyment and education. www.oyensnaee.org. Michelle Radcliffe From: Kate Drayson Sent: Wednesday, July 20, 2011 12:34 PM To: AO; FFO; SFO Subject: Classification and Compensation Study Feedback and Next Steps Dear Staff, At the Board Study Session on Wednesday, July 13,the Board heard a presentation on the Classification and Compensation Study by the consultant, Katie Kaneko, President of Koff and Associates. During the Study Session, many of the District staff who attended made comments to the Board regarding the Study's findings. In order to provide all District employees to ees the opportunity to provide feedback on the Study, the Board stated that staff may submit comments to them. If you wish to submit feedback to the Board regarding the Classification and Compensation Study, Pe q you President Hassett has requested that send your comments to District Clerk Michelle Radcliffe with the subject line: "Class and Comp Board Feedback." If you are submitting feedback in hard copy, please send to Michelle at the AO with the same subject line. Michelle will then send your comments to the full Board. The Board will have a follow-up discussion on the Class and Comp Study on September 13 at 5:00 PM and staff are welcome to attend. Kate Drayson Administrative Services Manager IJ kdrayson@openspace.org Midpeninsula Regional Open Space District • 330 Distel Circle, Los Altos, CA 94022 P: (650) 625-6519 - F: (650) 91-0485 www.openspace.org I Twitter: @mrosd i el, Midpeninsula Regional Memorandum ' Open Space District DATE: July 21, 2011 MEMO TO: Board of Directors; Managers(Ana Ruiz, Annetta Spiegel,David Sanguinetti, Kate Drayson, Michelle Radcliffe, Mike Williams, Rudy Jurgensen, Sue Schectman); Area Superintendents Michael Newburn and Brian Malone FROM: Stephen E. Abbors, General Manager SUBJECT: Declaration of Preserve Area Closures Mt. Umunhum Area of Sierra Azul Open Space Preserve Under my authority as General Manager to declare preserve areas closed to the general public for reasons of safety, security, and other District operational needs, I am declaring the following closures effective immediately: Closure of the portions of the Mt.Umunhum Area of the Sierra Azul Open Space Preserve as set out on the attached map. Those areas adjacent to Mt. Umunhum and Mt.Thayer impacted by the District's Remediation Project are designated Hazardous Closed Areas pursuant to District Ordinance 805.2 (b . Violation of this section is a � P ) misdemeanor. Those areas identified as Temporary Closed Areas are closed pursuant to District Ordinance 905.2 (a). Violation of this section is an infraction. Other than District employees, District officials,District's authorized agents conducting authorized activities or official duties,or persons with legal rights to ingress and egress through such areas,no person shall enter these areas without written permission issued by the District. 11............................. 7&- Mt. El Sombroso , TEMPORARY CLOSED AREA ez-zo oo 37010.70' N, Trespassers will be cited (SA02, ds Trojl 121054.54' W under District ordinance 805.2(a) Q 21999' HAZARDOUS CLOSED AREA Trespassers will be cited AREA CLOSED !----- under District ordinance 805.2(b) \SOUTH'OF All other existing closed areas within Sierra Azul OSP remain closed to WOODS•TRAIL the public,and trespassers will be cited under ordinance 805.2(a) - day 1800 wood s't rail 3.6 c�o�/ 2000 CLOSED �v AREA 2200 3400 AREA CLOSED y- \WEST•OF\ �J �BARLOW ROAD aGUU 03,4831 Mt. Thayer '.X, Mt. Umunhum Roac/ v`a411 � Q 3,486' CLOSED AREA �.8 ®; � Z (SAO: (SA08) CLOSEDX x>AREA (SA09) AREMsCLOSED NORTH OF\\ CLOSED MT?UMUNHUM ROAD AREA 3000 1 NOTICE OF AREA CLOSURES SIERRA AZUL OPEN SPACE PRESERVE �--�"� EFFECTIVE JULY 21,2011 Midpeninsula Regional • ' Open Space District � d To: Board of Directors From: Stephen E. Abbors g, Date: July 27, 2011 Re: Late FYIs - p rp iRt Regional Open Space District Memorandum DATE: July 25, 2011 TO: Board of Directors THROUGH: Steve Abbors, General Manager FROM: Legislative, Funding, and Public Affairs Committee (Directors Hanko, Harris, Riffle) SUBJECT: Funding Measure and Philanthropy At its July 7, 2011 meeting, LFPAC received a presentation from staff on the feasibility of preparing a funding measure for the November 2012 presidential election. LFPAC members had requested this presentation in response to information presented at the committee's June 21, 2011 meeting: polling results from a recent survey conducted by Godbe Research indicated relatively high support for a potential District funding measure. The survey data also showed that a funding measure could have a good chance of passing if placed on the November 2012 general election ballot where voter turnout is expected to be high. In light of this, LFPAC asked staff to conduct more research to determine if the District could be ready to pursue a November 2012 ballot measure. Staff met with local election consultants and, after evaluating the District's current Action Plan and staffing resources, advised that pursuing a ballot measure for the November 2012 election would be premature. LFPAC concurs with staff s assessment and suggests that the Board may wish to consider an election after 2012, which would have a greater likelihood of success h critical preliminary because the District will have had more time to prepare and complete the c t y p p P p legwork necessary to win an election. At this time LFPAC and staff do not have an alternative recommended date as this decision requires significant research and planning. The committee recommends that the full Board discuss this important matter and will schedule it for a future Board meeting. At that meeting, Bryan Godbe will discuss the survey results, staff will present their findings regarding the feasibility and effort needed for a funding measure, and Bob Woods of Stewart Wood and Associates, local experts in fundraising for land conservation, will present findings regarding the raising of funds through private philanthropy/donations for land stewardship. Mr. Woods has presented a report to the committee on his evaluation of the District's capacity to raise funds for land stewardship in general and the Mount Umunhum project in particular. The assessment was primarily based on a series of 43 interviews conducted with District Staff, Board,partners, Mount Umunhum stakeholders, and potential donors. II — BAY AREA RIDGE TRAIL C O U N C I L July 21, zoI l Hi Steve, I Thanks so much to you and your team for a great day on Mt. Umunhum. Everyone was impressed with the planning efforts you are making for restoration and access to this spectacular and unique site. The Ridge Trail welcomes the opportunity to be involved and supportive of the project. The mountain is certain to become a very popular destination and I look forward to being one of the first to hike to the top on your new trail. Cc: Jed Cyr Sincerely, ftfCEIVED JUL 23 2011 M'DPENINSULA REGIONAL Opi-N SPACE DISTRICT 1007 GENERAL KENNEDY AVENUE, SUITE 3, SAN FRANCISC 0,CAUL( RNIA 971"29-'1 d05 PHONC i4151 561 2595 FAX!•11 51 561-2599 www.ridgetrail.oig intof-'ridgetrail.org rt � Midpeninsula Regional Memorandum O en S ace District P P DATE: July 22,2011 MEMO TO: Steve Abbors, Board of Directors FROM: Galli Basson SUBJECT: Mitigated Negative Declaration for proposed improvements to the Folger House Enclosed please find a copy of the Initial Study and Mitigated Negative Declaration (IS/MND)and Mitigation Monitoring Plan (MMP) for the remodeling activities and water system upgrade at the Folger House, located within the Driscoll Ranch area of the La Honda Creek Open Space Preserve. The District aims to implement basic habitability upgrades, such as electrical upgrades, reroofing, interior refurbishing, and installation of a well pump and water storage tank for an existing well to make it suitable for a staff residence. This will allow the District to assist with ongoing monitoring of the Preserve and enhance the District's capacity in public safety, law enforcement, and resource management at the Preserve. The IS/MND analyzes potential environmental impacts associated with the project pursuant to the California Environmental Quality Act. The MMP summarizes mitigation measures that will be implemented to reduces any potential environmental impacts to a less than significant level. The IS/MND was released for a thirty-day public review period on July 22, 2011 and will be presented to the Board for certification at your regular meeting on August 24, 2011. The document is being provided to the Board to allow sufficient time for review prior to the certification meeting. Please don't hesitate to contact me if you have any questions or concerns regarding the project or its potential environmental impacts. acts.p Sincerely, Galli Basson i Q► Regional Mirlpeninsula Regional C7penSpace I Open Space District 3 90 0istel Circle Los Altos,CA 94022 Notice of Intent to Adopt a Mitigated Negative Declaration A notice,pursuant to the California Environmental Quality Act of 1970,as amended(Public Resources Code 21,000,et sec.)that the following project will not have a significant effect on the environment. File Number TAZ APN(s) Date N/A NIA 082-170-040&082-170-010 July 21,2011 Project Name Project Type(Use) Folger House Remodel and Water System Improvements House Remodel and Water System Improvements Project Owner Applicant Midpeninsula Regional Open Space District Midpeninsula Regional Open Space District Project Location The project is located south of Skyline Boulevard(Hwy 35) and west of La Honda Road(Hwy 84)within the southwest portion of the La Honda Creek Open Space Preserve.The preserve is located within unincorporated San Mateo County approximately 2 miles northwest of the community of La Honda. Project Description Habitability upgrades and water system improvements for an existing residential structure (Folger House) and water well. Upgrades include the following: Folger Ranch House Remodel: a. Repair and in-kind replacement of deteriorated exterior siding b. Repair of front porch c. Re-roofing d. Structural repairs to garage e. Seismic bracing of existing chimney f. Carpet and floor tile replacement, including abatement of approximately 23 square feet of asbestos-containing floor the g. Interior and exterior re-painting h. Replacement of kitchen and bathroom cabinetry and fixtures i. Installation of furnace and forced air heating system j. Replacement of damaged windows and doors Water System Improvements: a. Installation of a well pump for an existing well b. Excavation and installation of 270 linear feet of trenching for domestic water (2") and electrical (1") PVC conduit from existing house to existing well and proposed water storage tank c. Grading of approximately 65 cubic yards of soil for scarification and compaction to prepare site adjacent to existing well for water tank and concrete pad d. Construction of one 18' x 18', 12"deep concrete pad to support water storage tank e. Installation of one 4,900 gallon water storage tank f. Installation of water treatment and filtration system for domestic water consumption at existing house Page I of 3 Purpose of Notice The Midpeninsula Regional Open Space District is recommending that a Mitigated Negative Declaration be approved for this project. District Planning Staff have reviewed the Initial Study for the project,and based upon substantial evidence in the record,finds that although the proposed project could initially have a significant effect on the environment,changes or alterations have been incorporated into the project to avoid or reduce impacts to a point where no significant effects will occur. It should be noted that the approval of a Mitigated Negative Declaration does not constitute approval of the project under consideration.The decision to approve or deny the project will be made separately. Public Review Period: Begins: July 21,2011 Ends: August 24,2011 Public Comments regarding the correctness,completeness, or adequacy of this mitigated negative declaration are invited and must be received on or before the end of the public review period. Such comments should be based on specific environmental concerns. Written comments should be addressed to the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos,CA 94022. For additional information regarding this Mitigated Negative Declaration,please contact Galli $arson at 650-691-1200. The Negative Declaration and Initial Study may be viewed at the following locations: (1)Midpeninsula Regional Open Space District, 330 Distel Circle,Los Altos,CA 94022 (2)www.openspace.org Responsible Agencies sent a copy of this document: State Clearing House San Mateo County Mitigation Measures included in the project to reduce potentially significant impacts to a less than significant level: (BIO- 1)To avoid potential impacts to California red-legged frog and San Francisco garter snake,a biological monitor will conduct a pre-construction survey immediately prior to construction and be onsite during all ground excavation work. The biological monitor will hand dig any burrows present in areas of ground disturbance.The monitor will survey parking areas,staged equipment,access routes, and the project area prior to the beginning of ground excavation work each day. The biological monitor will continue to survey the project throughout each day ground excavation work is occurring. (BI0-2)If California red-legged frog or San Francisco garter snake is encountered,no work shall occur until the frog or snake 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: a 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 shalt 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 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. a If vandalism is a threat, 24-hour security shall be provided. a 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. a 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. a 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. a 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. Page 2 of 3 (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. A reporting or monitoring program must be adopted for measures to mitigate significant impacts at the time the Negative Declaration is approved,in accord with the requirements of section 21081.6 of the Public Resources Code. Prepared by: Galli Basson Planning Technician Reviewed by: -7 Ana Ruiz Planning Manager ignat re Date Page 3 of 3 I MITIGATED NEGATIVE DECLARATION Folger Ranch House Remodel and Water System Improvements La Honda Creek Open Space Preserve San Mateo County, CA July 21, 2011 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 650-691-1200 Midpeninsmla Regional Open Space District ' NEGATIVE DECLARATION | � A notice, pursuant k) the California Environmental Quality Act of 1970, as amended (Public Resources � [ode 21,000, etseqj staking that the following project: "Fn|ger Ranch House Rernm]e| and Water System |rnprovennpnts" vvhen implemented, will not have a significant impact on the environment. PROJECTC O � The Midpeninsula Regional Open Space District (District) is planning basic habitability upgrades and water system improvements for an existing house and well located in the 5,759-acre La Honda Creek Open Space Preserve (Preserve) in San Mateo County, California (Refer to Figures l and 2). The purpose of the project is to: innp|cnnen1 basic repairs to an existing residential structure and water well for use ayastaff � | residence to increase the District's ability to monitor public safety and resource conditions in La Honda � Creek Open Space Preserve. The project site is an existing, one story residence approximately O.2S miles north of La Honda Road (CA-84) in an area of the preserve that is currently closed to public access and covered by a cattle grazing lease. The District aims to implement basic habitability upgrades, such as electrical upgrades, reroofing, interior refurbishing, and installation of well pump and water storage tank for an existing well to make it suitable for a staff residence. This will allow the District tn assist with | ongoing monitoring of the Preserve and enhance the District's capacity in public safety, law enforcement, � and resource management at the Preserve. The project area is disturbed due to the presence of existing structures, road network, and current use by cattle. The proposed project components are described in more detail below: | |. Fo\Rer Ranch House Remodel: a. Repair and in-kind replacement of deteriorated exterior siding b. Repair of front porch � � c Re-roofing | d. Structural repairs tngarage � e. Seismic bracing of existing chimney / [ Carpet and floor tile replacement, including abatement of approximately 23 square feet of � asbestos-containing floor tile � B. Interior and exterior re-painting � h. Replacement nf kitchen and bathroom cabinetry and fixtures | i� )notalladnnoffurnaceand6o,cedairheabngsystenn � j. Replacement of damaged windows and doors � 2. Fo|gcr Ranch House Water System Improvements: a. Installation of well pump for an existing well � b. Excavation and installation of 270 linear feet o/ trenching for domestic water (2^) and � � electrical (1") PVC conduit from existing house to existing well and proposed water storage tank � � c Grading of approximately 65 cubic yards of soil for scarification and compaction to prepare site adjacent to existing well for water tank and concrete pad � � d. Construction of one lO' x 10', 12~ deep concrete pad k> support water storage tank e. Installation of one 4,900 gallon water storage tank � 2 , ' f. Installation of water treatment and filtration system for domestic vvak.r consumption at existing house / All ground disturbance and earthwork on the site will be in accordance with the Erosion Control Plan developed by the Project Civil Engineer and included on the Project Civil Engineer's Plansheets, as well as San Mateo [nunty's Stor/nvvater Pollution Prevention Program (STOPPP). These measures include the use | of a concrete washout basin below the proposed concrete tank pad site, Aber rolls to dissipate runoff from soils disturbed by grading, and astubilized construction entrance. Disturbed areas will be reseeded with native plant species consistent with those in the surrounding area. Upon completion of the project all area* subject to temporary ground disturbance*, including storage and construction staging areas, � temporary roads, and the like shall be recontouned and reve8etated, if necessary, to promote restoration of i the area. All grading and water tank pad construction will also conform to the recommendations in the | report by the Project Geote(hnira| Engineer dated March 9, 2011 and amended June 30, 2011. To protect wildlife and plant species occurring within the Preserve, project work will follow best management practices and require adherence to District regulations toavoid impacts tobiological resources. All project work will be confined 10 the existing residential structure, water system, and road network and will occur outside of wetland/riparian areas. The project may have impacts to sensitive � species during construction. Vehicles driving toand from the site (located appnnxirna1e|yO.2S mile from La Honda Rd.) on the Preserve may come in contact with an animal. There will be minimal amount of � ground excavation work to install the storage tank and water lines. During this time, impacts to animals in burrows may occur. To protect wildlife and plant species occurring within the Preserve, project work will hn||ovv best rnanoMernont practices (described below) and require adherence to District regulations to protect and avoid impacts to biological resources. Tn further avoid impacts, a biological monitor will be required to be nnsite immediately prior to and during all ground excavation work to determine the � presence of and to direct avoidance of threatened and endangered species. District Resource Management Best M Practices � District biologists will provide environmental training for construction crews and contractors that will be accessing the site. The training will include a brief review ofwildlife and sensitive species | that may occur within the preserve, sensitive species life history, field identification, habitat requirements, location of sensitive areas, possible fines for violations, avoidance measures, and � correction actions if sensitive species are encountered. 0 Access to the construction site and construction staging areas will be limited to the minimum necessary to achieve the project goals and will be clearly marked prior to the beginning of | construction. * f\ speed limit of 15 mph on all Preserve roads will be maintained during construction. � * Any wildlife or cattle observed crossing the access road will be allowed to cross without harassment. � * No pets will be allowed on the construction site � ' | * All food and food-related trash will be enclosed in sealed trash containers at the end of each / � | workday and removed completely from the construction site once every three days. � * All equipment will be maintained such that there will beno leaks of automotive fluids such as | fuels, oils and solvents. Any fuel or oil leaks will be cleaned up immediately and disposed of properly. ' Contractors shall be alert for indicators of historic resources and human remains. If previously undiscovered cultural resources are found during construction, work will halt at the projectyiieunti| the significance of the resources can be determined by a qualified archeologist. Hazardous materials (vehicle fuel, lubricants, and lead and asbestos in demolition debris) will be transported to and from the project site using public and Preserve roads. Contractors will follow all i 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 a||ovveJ during project construction. Although fires and smoking are prohibited on District lands, sparks or heat from construction equipment ! has the potential to ignite vvi|J|and fines. To avoid the potential for fire to occur, during periods of high fine � danger, no vehicles having catalytic converters will be allowed off of established roadways. In the event of a fire, fine suppression tools including an "/\B[, fire extinguisher and hand tools will he available on site and District Rangers trained in fire-fighting techniques will be available by radio toact as first responders. The District's radio and repeater system together with available range/ staff on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event � of vvi|d|and Are. A staging and parking area located adjacent to the project site will allow organized assembly ofvehicles and equipment to ensure that Preserve roads and trails remain open to routine Ranger patrol and to allow � for through access in the event nfanemergency. FINDINGS AND ��A K� � - � The Manager of the Planning Department of the Midpeninsula Regional Open Space District, based upon substantial evidence in the record, finds that: | 1. The mitigation measures, as listed below and incorporated into the project, are adequate to mitigate the environmental effects k/ 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, ortranspodaAimn/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 noise, o/ necveahon � � ' ' ' . 4. The project will not adversely affect biological or cultural resources based on project-specific � mitigations that reduce impacts toa less than significant level. � 5. The project will not: � Create impacts that degrade the quality of the environment, substantially reduce the habitat of fish � nr wildlife species, cause afish or wildlife population to drop below self-sustaining levels, threaten � to eliminate a plant o/ animal community (excepting the targeted invasive plant species), reduce the number or restrict the range of rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory, due to the pr ject'sscaleand � localized nature. � | 4 ' � • 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 and San Francisco garter snake, a biological monitor will conduct a pre-construction survey immediately prior to construction and be onsite during all ground excavation work. The biological monitor will hand dig any burrows present in areas of ground disturbance. The monitor will survey parking areas, staged equipment, access routes, and the project area prior to the beginning of ground excavation work each day. The biological monitor will continue to survey the project throughout each day ground excavation work is occurring. (1310- 2) If California red-legged frog or San Francisco garter snake is encountered, no work shall occur until the frog or snake 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. 5 • 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 • 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 ]6 [FR800.l3(a) for invoking unanticipated discoveries. � (ARC'2), |f human remains are encountered, all work within 180 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 §1 5064.5(e) of the [E(}/\ Guidelines. Wo further disturbance ofthe site orany nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has made a determination of origin and disposition, which shall bm made within two working days from the time the Coroner is notified o[the discovery, pursuant to State Health and Safety Code Section 7058.5 and Public Resources [ode Section 5097.98. If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission (NAHC) vvi1hin 24 hours, which will determine and notify Likely Oescend�nt (k4L0). | ' � The MLO may recommend within 48 hours nf their notification by the N/\HC 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 onthe property in a location not subject to further subsurface disturbance. RESPONSIBLE AGENCY CONSULTATION The County of San Mateo has been notified of the project and a copy of this negative declaration is being � submitted for review along with applicable permit applications. � INITIAL STUDY A copy ofthe initial study is attached. / REVIEW PERIOD The Review Period begins on July 21, 2011 and ends on August 24, 2O11. |f 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 connnnonto in writing no later than 5 p.m. on August 24, 2011 toMidpeninsu|a Regional Open Space District, 33OOiste| Circle, Los Altos, CA94022. | CONTACT PERSON | Ga|liBasson P|anner, 6S0-691-l2OU Midpeninsula Regional Open Space District _Ana Ruiz, Planning Manager INITIAL STUDY Project title: Folger Ranch House Remodel and Water System Improvements Lead agency name and address: Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Contact person and phone number: Galli Basson, (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 southwest portion of the La Honda Creek Open Space Preserve. The preserve is located within unincorporated San Mateo County approximately 2 miles northwest of the community of La Honda. Project APN: 082-170-040 & 082-170-010 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.) Habitabilit y opgrades and water system improvements r ovements for an existing residential structure (Folger House) and water well. Upgrades include the following: Folger Ranch House Remodel: a. Repair and in-kind replacement of deteriorated exterior siding b. Repair of front porch c. Re-roofing d. Structural repairs to garage e. Seismic bracing of existing chimney f. Carpet and floor tile replacement, including abatement of approximately 23 square feet of asbestos-containing floor tile g. Interior and exterior re-painting h. Replacement of kitchen and bathroom cabinetry and fixtures i. Installation of furnace and forced air heating system j. Replacement of damaged windows and doors Water System Improvements: a. Installation of a well pump for an existing well b. Excavation and installation of 270 linear feet of trenching for domestic water (2") and electrical 01 PVC conduit from existing house to existing well and proposed water storage tank 7 ' c Grading of approximately 65 cubic yards of soil for scarification and compaction to ' prepare site adjacent k/ existing well for water tank and concrete pad d. Construction of one 18' x 10', 12" deep concrete pad tn support water storage tank � e. Installation of one 4,900 gallon water storage tank [ Installation of water treatment and filtration system for domestic water consumption � at existing house Surrounding land uses and i Briefly describe h d � The project is located in a rural area. The primary surrounding land use* are: agriculture, ranching, � and rural residential. The project area is located within a portion of the Preserve which is managed for use by cattle and is not currently open to the public. Highway 84 is located along the eastern and southern edge of the Preserve boundary. North of the Preserve is the [Umrasxi Resident Artists, an internationally recognized resident artist program. To the east o/the Preserve is the small community of La Honda (approximately 1500 residents). South of the Preserve is the Driscoll | | � � Ranch event center where an annual rodeo is held in July of each year. West of the Preserve is the � 624 acne Redgate Ranch, which is managed under a conservation easement from the Peninsula Open Space Trust. Other public agencies whose approval is required (e.8., permits, financing approval, or participation � San Mateo C � / � Document availability: All documents referenced in the Initial Study are available for review from 9:30am. to 5:00pm. at the Midpeninsula | Open Space District office h address listed above | Subsequent Acti ! Upon General Manager or designee certification of this negative declaration, the following actions will occur: * Receipt of all required permits � * Contract bid and approval � —Structure and water systemimprovements iU commence � | � � � � j � � � � � � � ! 8 � � Mid peninsulaRegional1Space District Preserves and Surrounding Lands \ MROSD preserves -- 1` Urban Private.,,-,h d,land trust, ar 1 acdem c lands M.tlnr city,county,and state parks, / i open space preserves,and publicly / owned watershed lands ...,:... O MR05D boundary County tawrdary 4 The Mdpeninsula Regional Open Space District is a ....,,,,.m.w .,j\ •c regional greenhelt syw4n in the 5an Francisco nay Area. It is of is cunp wer 17,000 acres of land in 76 open space preserves protttl di ma en public 1 h1 o V Ymen`, king a preserve system of diyerse d unparalleled beauty in one \ / of the largest metrup Man areas in the county. i L i �;Aw .t ( r w•uer.ip...a.. Preserve rw iea,Sr.r..a.! \5 rHh.rt l \ �Y Protect1re Educate Enjoy Figure 1, Project vicinity, La Honda Creek Open Space Preserve 9 f La Honda I: Creek OSP lArea of Detail 1 9 i Folger Ranch House Pasture Area tl (1,356 sf) t Storage Shed � p (Outside Project Soopei Folger Ranch House - Garage(540 sf) t Storage Shed (Outside Project Scope) Proposed Water Tank Location xtsting 1� Well Site r� 84, �t Site Map, Folger Ranch House Midpeninsula Regional. Open Space District MROSD u Structure July 20i1 Streams — - Fence e-- Unpaved Ranch Road Figure 2.Folger Ranch House location ll� [ ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. | El AestheticsAgriculture Resources El Air Quality C� �� Biological Resources Cultural Resources El�� Geology/Soils [� [� �� Greenhouse Emissions �� Hazards & Hazardous Materials �[� � Hydno|ogy/WaterQua|ity | �l �� | �� Land Use/Planning �� Mineral Resources �� Noise [� [� �� Popu|�don/Housin� Public �� Recreation �� Transportation/Traffic �� Utilities/Service �� Mandatory Findings of Significance DETERMINATION: (To becompleted by the Lead Agency) (}n the basis ofthis initial evaluation: | find that the proposed project COULD NOT have a significant effect on the environment, and aMEGAT|VE DECLARATION will be prepared. | find that although the proposed project could have a significant effect on the environment, there will not bea significant effect in this case because revisions in the project have been made byoragreed to by the project proponent. /\ MITIGATED NEGATIVE [)ECL/\R/\T(C)N will be prepared. | find that the proposed project MAY have a significant effect nn the environment, and an ENVIRONMENTAL |k4P/\[T REPORT is required. | find that the proposed project MAY have a "potentially significant impact" or "potentially � significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has � been addressed by mitigation measures based on the earlier analysis asdescribed on attached � sheets. /\n ENVIRONMENTAL IMPACT REPORT is required, but itmust analyze only the effects that remain tobeaddressed. I find that although the proposed project could have a significant effect on the environment, � because all potentially significant effects (a) have been analyzed adequately in an earlier E)Ror � NEGATIVE DECLARATION pursuant 1oapplicable standards, and (b) have been avoided o/ � mitigated pursuant to that earlier E|Ror NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date l� Less Than Significant Potentially with Less Than Signitit ant Mitigation Signiticant Impact Incorporation Impact No Impa(I U. AESTHETICS—Would the project: a) Have a substantial adverse effect on a scenic vista? El El [� b) Substantially damage scenic resources, including, but not El 1:1 E] 2 limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality o(the site and its surroundings? | d) Create a new source ofsubstantial light nr glare which El El 1:1 2 would adversely affect day or nighttime views in the area? Improvements are confined io existing structures and associated water system. Improvements are designed to maintain the overall rural aesthetic present onxiteand are sensitive tothe surrounding natural area. 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 vievshed of � � a state or county scenic highway. All work will be completed during the day and materials used will not | result in light or glare impacts during the day nrevening. 11' /kGRUCWLTQRE RESOURCES: Would the project:'ect Le ss � s/g"*m"' Potentially with Less Than sw.u(ant w^/:^n^n o:n/m"n/ | /mwr/ /omnmco/u^ Impact No Impact a) Convert Prime Farmland, Unique Farmland, orFarmland 11 El [n of Statewide Importance (Farmland), as shown on the maps prepared pursuant tothe Farmland Mapping and � Monitoring Program o[the California Resources Agency, � to non-agricultural use? b) Conflict with existing zoning for agricultural use, or � Williamson Act contract? � d Conflict with existing zoning for, nr cause rezoning of, forest land (as defined in Public Resources Code section � l222U(e)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland � Production (as defined by Government Code section � � 51104(a))7 d) Result in the loss of forest land or conversion of forest �� [� �� land to non-forest use? \2 �� ' Less Than Significant rmemanv with Less Than s:omm"' mmgaovo sxo/omo' Impact mmnmcx/vo Impact No Impact � e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of � forest land to non-forest 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. There will be no loss or conversion of forest land. Improvements are designed to maintain the overall rural aesthetic of the structure and associated water system and are in keeping with the current agricultural uses presentonsiie. KUU AIR QUALITY—Where available, the significance /~*rh u" og"/fi="/ criteria established by the applicable air quality Potentially with Less Than management or air pollution control district may �� SignificantImpact / *«�g�« Significant corporation Impact No Impact � relied upon to make the fnU|ovv|ng debernm|moi|wms' Would the project: � a) Conflict with nr obstruct implementation of the applicable 1:1 17 2 air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any 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 pnecunon;)! d> Expose sensitive receptors to substantial pollutant El 13 2 concentrations? e) Create objectionable odors affecting asubstantial number 13 13 2 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 snoa|| scale (less than 1 acre) and temporary nature of the project and |inni<eduseofvehiclesandequipment to implement the project. 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 Hi8hvvay84nran individual honnoorsubdivision construction in the cornnnunityofLa � � � Honda. No significant impacts to air quality are expected as u result of the project. No sensitive receptors are located within or adjacent tothe project location. Nn objectionable odors are expected. 13 � . � ^ AV. BIOLOGICAL RESOURCES — Would the p�� Less Than | « project: �*p/ om � rm,munv with Les,Than s/w./^mm mm»u/vn s/uo/owo/ /mpw Incorporation /mpu/ mz/mpm a) Have a substantial adverse effect, either directly or El E7 [] through habitat modifications, on any species identified as acandidate, sensitive, or special status species in local or regional plans, policies, or regulations, orbythe | California Department of Fish and Game or U.S. Fish and Wildlife Service? The purpose of the project is to implement basic repairs to an existing residential structure and water well for use as a staff residence. All project work will be confined to the existing residential structure, water system, and road network and will occur outside of wetland/riparian areas. The project may have impacts \o sensitive species during construction. Vehicles driving to and from the site (located approximately 0.2S mile from La Honda RdJonthe Preserve may come in contact with an animal. There will be minimal | | amount of ground excavation work to install the storage tank and water lines. During this time, impacts to animals in burrows may occur. To protect vviW|i[e and plant species occurring within the Preserve, project work will follow best management practices (described below) and require adherence toDistrict regulations to protect and avoid impacts tobiological resources. To further avoid impacts, a biological monitor will be required to beonsite immediately prior |oand during all ground excavation work to determine the presence ofand tn direct avoidance o[threatened and endangered species. District Resource Management Best Management Practices * District biologists will provide environmental training for construction crews and contractors that will be accessing the site. The training will include a brie( review of wildlife and sensitive species that may occur within the preserve, sensitive species life history, field identification, habitat requirements, location of sensitive areas, possible fines for violations, avoidance measures, and correction actions if sensitive species are encountered. � ' * Access to the construction site and construction staging areas will be limited to the minimum necessary to achieve the project goals and will be clearly marked prior to the beginning of � construction. � p f\ speed limit of 15 mph on all Preserve roads will be maintained during construction. * Any vviN|i6e or cattle observed crossing the access road will be allowed to cross without harassment. / 0 No pets will be a||ovxeJ on the construction site. 0 All food and food-related trash will be enclosed in sealed trash containers at the end of each workday and removed completely from the construction site once every three days. � ° All equipment will be maintained such that there will be no leaks of automotive fluids such as � fuels, oils and solvents. Any fuel or oil leaks will be cleaned up immediately and disposed of properly. � Biological surveys conducted by District staff revealed the presence o[asingle dusky-footed vvoodrai nest � adjacent iothe project site. No other special status species were found present. /\ literature search � conducted utilizing the California Natural Resources Database (CNODO) identified that the project is | 14 located within potential habitat for the San Francisco Garter Snake (SFGS). The project site is also located within the United States Fish and Wildlife Service's "SNM-2" critical habitat unit for the California red- legged frog (CRLF). Both species live in or near wetland areas and tend to stay near water, especially during the dry summer months. Through numerous surveys to date, SFGS have not been observed using the project area or the surrounding preserve. Although CRLF have not been observed at the project site, they are found within the Preserve. This project does not include any construction within wetland/riparian areas. Special-Status Animal Species Special-status animal species that have the potential to occur within or adjacent to the project area include: California red-legged frog (CRLF), San Francisco garter snake (SFGS), western pond turtle (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 listed as threatened under the federal endangered species act and is designated as a California species of special concern. It is one of two subspecies of red-legged frog 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 project area is located within the United States Fish and Wildlife Service's "SNM-2" critical habitat unit. This project does not result in negative impacts to existing CRLF critical habitat or proposed critical habitat. CRLF habitat is characterized by dense, shrubby, riparian vegetation associated with deep pools in creeks or rivers and ponds. CRLF can survive in temporarily dry seasonal bodies of water when permanent water bodies or dense vegetation is nearby. The District has sampled fifteen ponds for CRLF in 2009, 2010, and 2011 and have found CRLF within the Preserve. Because CRLF occupy the Preserve, 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 TrichophorLrm spp.) and rushes Uuncus 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 15 hibernate near the coastal areas in fossoria| rnanonna| burrows and other refuges, or remain active year- nound, wxeatherpernnitting. To date, noSFG6 have been observed at the project site. Biological surveys conducted in 2006, and 2008, 2009, 2010 and 2011 did not reveal the presence of SFGS within the preserve. Although the Preserve is located within potential habitat for the snake, suitable habitat aAthe project site is |inoi1eJ due to lack of water features. However, due to the presence of potential SFGS habitat, all project work will be conducted � assuming that the species may be encountered. Through implementation ofBk4Ps, strict adherence to � District regulations, and avoidance or mitigation measures, the potential to affect this species is less than significant. The project is not expected to result in harm, harrassnnen\, injury, or mortality to the 5FGS or adversely affect its potential habitat. | Western Pond Turtle (Actine/myxn/armormba) � / The Western Pond Turtle (VVPT) is a federal and state species of concern. Pond turtles are primarily aquatic and 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 VVPT to burrow and deposit eggs. WPT have been observed at the Preserve, however they have never been observed at the project site. The nearest known ponds havingVVPT are located over 1 mile away. In the event that a western pond turtle is encountered, the District's BMPs (listed previously) will protect and avoid impacts \wthis species. � � | San Francisco dusky-footed wwmmdrad (Neotmoxa fuscipes anmectomm) The San Francisco dusky-hooted vvoodrot is a state species of concern. VVoodra& are snoa|| 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 shrub|ands. The dusky-footed vvuodra\ is known to feed on a variety of woody plants, fungi, flowers and seeds. Although the project is located primarily inadisturbed area, one � vvoudra\ nest was observed. To avoid impacts \odusky-footed vvoodrais, thevvoodra\ nest will be flagged for avoidance. Cmhw salmon (Oommrhymchomkisutch) [oho salmon are federally and state listed ayanendangered species. The species ranges from Santa Cruz County, northward to Alaska. [oho salmon in San Mateo County are included in the listings for the Central California Coast Evolutionarily Significant Unit (E5U). /\n 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 anadronnous (ocean going) species that begin life in coastal streams during the rainy season. Eggs are deposited in stream gravels and fertilized. Snna|| "fry" emerge from the gravels and then grow in the stream Kzrthmir0otyear. |uveni|e "snno|ts" uut-nniBrateinto \heoceanduring\hespringandear|ysunnnnerandvvi|| typically spend two years at sea before returning to their natal stream to spawn and dim. Coho salmon populations have dramatically decreased as a result nfland use practices (timber harvesting, mining, agriculture, rural and urban development), water diversions, predation, and changing oceanic conditions. The proposed project is located above San Gregorio Creek within the San Gregorio Creek watershed. Coho salmon prefer low gradient streams for spawning and rearing. It is estimated that potential [oho salmon habitat exists within 1/2 mile of the project area based on stream topography and paot [OFG inventories. � |b �� , ' [oho salmon populations from San GreBnrio Creek were depressed in the 1960'o and any believed to have been lost from the watershed during the late 197O's and early l988's. /\ few juvenile coho salmon were � once again observed in the middle portion nf the main stem of San Gne8nrio Creek in2006 downstream � � � ' � t�epu4ectarea. No impacts to [oho salmon or their habitat will result due to the use of Best Management Practices (BK4Ps) previously approved by the C[)FG and in use by the District. Adherence to the BMPsvvil| prevent erosion | at the project site and downstream sedimentation that could otherwise affect Coho Salmon. No significant direct or indirect impact to Cnho Salmon habitat is expected as a result of project construction. Construction activities are confined tn existing structures and water system and access tuthe project site is confined to the existing road network. The potential for the project to negatively impact this species is considered less than significant. 8teeKhead trout (Omcmxhymchmxmny8iss) | 5iee|head trout are an anadronnous form of rainbow trout that spend pad 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. � � Stee{head are ananadrornous (ocean going) species that begin life in San Mateo County coastal streams | during the rainy season. Eggs are deposited in stnaonn gravels and fertilized. 5rna|/ 'fry" emerge from the � gravels and then grow in the stream typically for one to three years. Juvenile ~snno|ts" out-nni8rate 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 Cnho salmon, stee|head 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 trout are currently known to inhabit San Gregorio Creek, below the project area. � 5tee|head 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 above, but not directly on San GneRohoCreek. NV impacts to Stee|head or their habitat will result due hothe use nf Best Management Practices (8k4Ps) � previously approved by the [OFG and in use by the District. Adherence tothe BK4Ps will prevent erosion at the project site and downstream sedimentation that could otherwise affect Stee|head. No significant direct or indirect impact to stae|head habitat is expected as a result of project construction. Construction activities are confined to existing structures and water system and access to the project site is � confined to the existing road network. The potential for the project to negatively impact this species is considered less than significant. � Impact 13110-1; Although California red-legged frogs have been not observed at the project site, they have been observed within the project area, and could potentially be harmed or harassed by project implementation. Impact 13110-2: 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 encountered and in need of mitigation measures for avoidance. 17 Mitigations: (B|C-l) To avoid potential impacts ouCalifornia red-legged frog or San Francisco garter snake, a biological � monitor will conduct a pre-construction Survey immediately prior to construction and be onsite during all ground excavation work. The biological monitor will hand dig any burrows present in areas ofground disturbance. The monitor will survey parking areas, staged equipment, access routes, and the project area � � prior to the beginning of ground excavation work each day. The biological monitor will continue to survey the project throughout each day ground excavation work isoccurring. � � (810-2) If California red-legged fnns or San Francisco garter snake is encountered, no work shall occur until the frog or snake 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. b) Have a substantial adverse effect on any riparian habitat El E7 W El or other sensitive natural community identified in local or regional plans, policies, regulations orby the California � Department of Fish and Game orU5 Fish and Wildlife � � Service? � c) Have a substantial adverse effect on federally protected 0 F7 P 13 wetlands as defined by Section 4O4of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etcj through direct removal, filling, hydrological � interruption, or other means? Construction will occur during the dry season and will not adversely a/kac1 riparian areas, sensitive natural communities, or wetlands. The project isconAned to existing residential structures, associated water system and access is allowed only on existing Preserve roads. BA1Psvvi|| be followed to prevent downstream erosion. d) Interfere substantially with the movement of any native El El 24 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 above San CnegprioCreek. Native and migratory fish populations are currently known to inhabit the creek, below the proposed project area. All ground disturbance and earthwork on the site will be in accordance with the Erosion Control Plan developed by the Project Civil Engineer and included on the Project Civil Engineer's P|ansheets, as well as San Mateo [ounty's | Stornnvvater Pollution Prevention Program (ST{)PPP). Erosion control measures include the use of concrete washout basin below the proposed concrete tank pad site, Ober rolls to dissipate runoff from soils disturbed by grading, and ostabi|ized construction entrance. Disturbed areas will be reseeded with native plant species consistent with those in the surrounding area. Upon completion of the project, all areas subject to temporary ground disturbances, including storage and construction staging areas, and the like shall be recontoured and revegetated, if necessary, to promote restoration of the area. Adherence tothese � measures will prevent impacts todownstream resident and migratory fish or wildlife. 18 e) Conflict with any local policies or ordinances protecting El 11 11 biological resources, such as a tree preservation policy or ordinance? The project will not conflict with local policies or ordinances protecting biological resources. 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The project does not conflict with the 2010 San Gregorio Creek Watershed Management Plan. No other habitat conservation plan, community conservation plan or local, regional, or state habitat conservation plan has been developed for this area. V. CULTURAL RESOURCES—Would the project: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact a) Cause a substantial adverse change in the significance of a 11 El historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of El R1 El El an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological El 11 El resource or site or unique geologic feature? d) Disturb any human remains, including those interred 11 El outside of formal cemeteries? One known Native American site (a grinding rock) is located within the Preserve, but outside of the project area. Although the possibility of subsurface cultural resources exists, because the area of ground disturbance is small (270 feet of linear trenching, 65 cubic yards of grading, depth of excavation ranges from one foot to three feet below ground), 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 the small nature of the project, ground disturbance may expose undiscovered subsurface archaeological or paleontological features. In order to prevent disturbance to undiscovered cultural resources, the following mitigation measures are recommended. 19 � 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 tna less- than significant level: p 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 toavoid the resources. Work shall stop within l00 feet nf the objrci(y) and the contractor shall contact the District. No work shall resume within lO0 feet until aqualified cultural and/or historical resources � expert can assess the significance of the find. � p /\ 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. w |(vandalism isa threat, 24-hour security shall beprovided. � | * 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 qualified cultural and/or historical resources expert is present unsite monitoring any additional subsurface excavations within lOO feet o/the find. � w |fa resource cannot be avoided, a qualified cultural and/or historical resources expert will develop an appropriate Action Plan for treatment to minimize or rnid8atc the adverse effects. The District | will not proceed with reconstruction activities within 100 feet ofthe 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 research design appropriate to the discovery and potential � research data inherent inthe 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 36CFK8U0.1](a) for invoking unanticipated discoveries. (ARC-2). If human remains are encountered, all work within 10O feet nfthe 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 §1 5064.5(e) of the [E{}/\ 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 nf 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 [ode Section 5097.98. If � the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission (N/\H[) within 24 hours, which will determine and notify the Most Likely Descendant (��LD). � 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 hALO 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 1 subsurface disturbance. 20 VU' GEOLOGY AND SOKLS—Wom|dthe project: Less Than � p*,nnaor w/m Less Than � Significant woomo"n Significant Impact /m»rpmcw/"o Impact No Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture ofa known earthquake fault, as delineated on E] the most recent/\|quist-Prio|o Earthquake Fault Zoning Map issued by the State Geologist for the area nr based on other substantial evidence nfaknown fault? Refer to Division of Mines and Geology Special Publicakion42. � ii) Strong seismic ground shaking? El iii)Seisnnic-related ground failure, including liquefaction? 11 E7 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 /\lquist-Priolo Earthquake Fault Zoning Act. However, the larger area surrounding the project site has been mapped on theMinde8o Hill, Woodside, and Franklin Point Seismic Hazard Zones Quadrangle maps. These maps indicate "areas where previous occurrence of | landslide movement, orlocal topographic, geologic, geotechnical and subsurface water conditions indicate apotential for permanent ground displacements." Major active faults in the vicinity of the project area are the San Andreas and San GreRorio faults, which are � located approximately 6 miles northeast and 5 miles southwest, respcctivaly. h4inor {au|bthat nmay � | � 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 4 miles north of the � project area trending northwest (Brady 2OO4)� 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 � unpnpu|ate6se�in� havin� no overhead hazards and trails� ' ' | structures are proposed will prevent exposure of people or structures to potential substantial adverse � effects, including the risk of loss, injury, ordeath from rupture ofa known earthquake fault. � According to the Association of Gay Area Governments online liquefaction map, and San Mateo County Hazard and Mitigation maps, the project area has avery |ovv 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. Construction is (o existing facilities, earthwork involved is for upgrades to the water system and will be confined to the following: 21 | * Trenching for 270 linear feet for a domestic water (2") and electrical (1") PVC conduit from existing house k> existing well and proposed water storage tank * Grading of approximately 65 cubic yards of soil for scarification and compaction to prepare site adjacent to existing well for water tank and construction of one 18' x 18', 12" deep concrete pad to support proposed water storage tank Cut, A||, and grading ofmaterial will be implemented in a manner tnavoid the potential for landslide. Work will be conducted during the dry season to reduce the possibility of a rain driven landslide event. Project plans were developed by aqudiiied Certified Engineering Geologist and a licensed Civil Engineer in order iodesign appropriate structure and water system improvements given the existing site conditions. � b) Result in substantial soil erosion or the loss o/topsoil? c) Be located ona geologic unit orsoil that is unstable, or E7 that would become unstable as a result of the project, and potentially result in on- oroff-site landslide, lateral spreading, subsidence, liquefaction orcollapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building [ode (1994), creating substantial � � risks to life orproperty? e) Have soils incapable of adequately supporting the use nf � septic tanks or alternative waste water disposal systems where spvvee are not available for the disposal of waste water? The project area is underlain by topsoil consisting of very dark grayish brown silty clay with scattered sand and fine gravels varying in between about 21/2 and 3 feet in thickness. Based on the plasticity and clay � | content, the topsoil is considered to be highly expansive. However, hard bedrock was encountered beneath the soil. Bedrock consists of very finegrained, well sorted, friable to weakly cemented sandstone. Although the project area is located on expansive soil, the entire site is essentially underlain by bedrock and the potential for liquefaction is considered to be nil (Trpadvve|| and Rolo, 2011). Due 1othe presence of shallow bedrock having very low potential for liquefaction, risks to life or property due to expansive | soils are considered less than significant. All ground disturbance and earthwork on the site will be in accordance with the Erosion Control Plan developed by the Project Civil Engineer and included on the Project Civil Engineer's Plansheets, as well as San Mateo [ounty's Storrnvvater Pollution Prevention Program (STC}PPP). These measures include the use ofa concrete washout basin below the proposed concrete tank pad site, fiber rolls to dissipate runoff from � soils disturbed by grading, and astabi|ized construction entrance toavoid soil erosion. Disturbed areas will ! be reseeded with native plant species consistent with those in the surrounding area. Upon completion of the project, all areas subject totemporary ground disturbances, including storage and construction staging areas, temporary roads, and the like shall be nacuntouved and nevegetated, if necessary, to promote restoration of 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 will also be employed to reduce the potential for soil erosion or loss of topsoil. 22 Primary soils at the site are Tehana Member of the Purisima Formation, characterized as a greenish-gray to white or tan, medium-to very fine-grained sandstone and siltstone, with some interlayered silty mudstone. No septic tanks or alternative waste water disposal systems will be installed as part of the project. VI I. GREENHOUSE GAS EMISSIONS — Less Than Significant Would the project: Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact i a) Generate greenhouse gas emissions, either directly or Q indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation [Jf adopted for the purpose of reducing the emissions of greenhouse gases? To decrease the potential effects of climate change, California has enacted regulations such as the Global Warming Solutions Act of 2006 (Assembly Bill 32) to decrease emissions of carbon dioxide (CO2)and other greenhouse gases (GHGs). The Scoping Plan for AB 32 includes a sustainable forest target as well as voluntary actions that private and public landowners can implement to reduce GHGs. These voluntary actions include conserving biodiversity, providing recreation, promoting sustainable forest management, and utilizing fuel management strategies that can potentially reduce the risk of catastrophic fire. The District's mission is "To acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education." By buying and protecting open space lands in perpetuity, the District is preventing land use conversion from open space, including forested lands, which provide carbon sequestration benefits, into developed land. The project consists of upgrades and repairs to an existing residential structure and water system. The small scale and short timeframe of the project will be adding a negligible amount of greenhouse gas emissions. The project does not conflict with a plan adopted to reduce greenhouse gas emissions. Vill. HAZARDS AND HAZARDOUS MATERIALS— Less Than Significant Would the project: Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact a) Create a significant hazard to the public or the 11 ❑ d environment through the routine transport, use, or disposal of hazardous materials? 23 h) Create a significant hazard to the public orthe 1:1 E] [1 1:1 environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous oracutely 17 0 El [q / hazardous materials, substances, or waste within one- quarter mile ofan existing nr proposed school? d) Be located on a site which is included on u list of 1:1 El 1:1 hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, asaresult, would it create u significant hazard to the public orthe environment? c) For uproject located within an airport land use plan or, � where such a plan has not been adopted, within two miles of public airport or public use airport, would the project result in asak*ty hazard for people residing or working in the project area? � / 0 For a pn4eo( within the vicinity of private airstrip, El El 11 P would the project result in asufety hazard for people | residing orworking in the project area? | e) Impair implementation cfor physically interfere with an El 0 2 El adopted emergency response plan oremergency evacuation plan? h) Expose people or structures toa significant risk ofloss, | injury or death invo|vingv/i|d|and fires, including where | vvi|J|ands are adjacent to urbanized areas orwhere residences are intermixed with vviidlands? Hazardous materials sampling of the structures revealed that asbestos is present in the entry way, hall bathroom, and master bathroom and lead is present in the outside wall near the corner of the house. No other hazardous materials are known to exist onsite. Abatement of hazardous materials will be completed by qualified abatement contractors in order to avoid exposure to persons or the environment. Properly contained and abated hazardous materials will be transported to and from the project site using public and Preserve roads. Contractors will follow all necessary regulations involved in the transportation, storage, and abatement, 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 iopotential 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 0.l mile away. Due tothe rural character o(their property having few neighboring structures, and through the use of qualified contractors knowledgeable in working with, 24 � / transporting and abating hazardous materials, 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 due to the small scale of the project. Few vehicles and equipment will be required to complete the structure and water system improvements. Construction is confined to one existing residential structure, garage, and associated water system. Ground disturbance is limited \o trenching for 270 linear feet, grading of � approximately 65 cubic yards of soil, and constructing one 18' x 18', 12" deep concrete pad. The impact from construction vehicles and equipment is considered less than significant ascompared to other construction projects likely to occur in the surrounding community such as road construction on Hi8hvvay84 or new home orsubdivision construction in the community of La Honda. No significant impacts to air quality are expected as a result of the project. No sensitive receptors including schools are � located within one quarter mile of the project location. The project is not 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, orevacuation plan. According tothe [alfivc, 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 towildfires. Equipment operation has the potential to ignite fires; however adequate fire suppression tools including an "/\B[" 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 ofestablished roadways. In addition, District Ordinance 93'1, Section 4O4, 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 fine protection failing to Calfine, County Fine 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 i emergency service providers in the event of a wildland fire or emergency response call. The short duration of the project and on site Are suppression capabilities reduce this potential impact to less than significant. AX ��K�KK�«�� /k�4�� 0 Would L"�Than � �� sn"x/o"/ p/mvec/` Potentially with Less Than Significant Mitigation Significant Impact /mxnmmno" Impact No Impact a) Violate any water quality standards or waste discharge E3 requirements? b) Substantially deplete groundwater supplies or interfere El substantially with groundwater recharge such that there would be a net deficit in aquifer volume or lowering of � the local groundwater table level (e.g., �h� production rate � . . � � of pre-existing nearby wells would drop toa level which � would not support existing land uses or planned uses for � � which permits have been granked)7 � 25 � d Substantially alter the existing drainage pattern o(the site 11 El El R] or area, including through the alteration of the course of stream or river, in a manner which vvou|J result in | | substantial erosion or siltation un-oroff-site? d) Substantially alter the existing drainage pattern of the site El 17 13 2 or area, including through the alteration of the course of s\n:arn or river, or substantially increase the rate or amount of surface runoff in a manner which vvou|J result in Uoodingon- oroff-+ite! � m) Create or contribute runoff water which would exceed the E] 1:1 17 capacity of existing or planned stornn*vater drainage systems or provide substantial additional sources of polluted runoff? 0 Otherwise substantially degrade water quality? E3 2 | g) Place housing within a l0O-year flood hazard area as 1:1 El E1 2 mapped onafederal Flood Hazard Boundary orFlood � Insurance Rate Map or other flood hazard delineation map? ! h) Place within a lUO-yearf|ood hazard area structures El El El Z which vvou|J impede or redirect flood Oovvs! i) Expose people or structures toasignificant risk ofloss, 0 [D injury or death involving flooding, including flooding asa result of the failure nfa levee o/dam? j) Inundation byseiche, tsunami, orrnudf|ovv? El 0 El 2 The project involves upgrades toexisting residential structures and associated water system upgrades ata site located above San Gvc8orio Creek. All ground disturbance and earthwork on the site vviI I be in accordance with the Erosion Control Plan developed by the Project Civil Engineer and included on the Project Civil Engineer's P|ansheets, as well as San A1ateo [ounty's 6\ormvvater Pollution Prevention � Program (ST[)PPP). These measures include the use of concrete washout basin below the proposed � concrete tank pad site, fiber rn||y to dissipate runoff from soils disturbed by grading, and a stabilized construction entrance tuavoid soil erosion. Disturbed areas will be reseeded with native plant species | / consistent with those in the surrounding area. Upon completion of the project, all areas subject to � temporary ground disturbances, including storage and construction staging areas, temporary roads, and the � like shall be vecmntouved and nsvegetatcd to their original state, if necessary, to pronnw\p restoration of the � area. Work will be conducted during the dry season to reduce the potential for soil erosion or downstream movement during the rainy season. 8MPs previously approved by the [[)FG and in use by the District will also boemployed to reduce the potential for soil erosion Vr loss o(topsoil. The project will not violate water quality standards or waste discharge requirement. Because disturbed � areas will be re-contoured, the existing drainage pattern of the site will not be altered. No streams or rivers 26 will be altered. Adherence to BMPS during project construction will avoid impacts to water quality and hydrology that could otherwise result. Installation of the 4,900 gallon water storage tank fed by an existing well will provide for groundwater storage. However, due to the relatively small size of the tank and limited use by one domestic resident, it is not expected to substantially deplete groundwater supplies or interfere substantially with groundwater recharge. Installation of the water tank and ongoing use of the water well will comply with Chapter 4.68 Wells, of the San Mateo County Ordinance Code. 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. Because water currently drains away from the site without flooding, and no changes to the existing drainage pattern will occur, 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 implementation of BMPS, adherence to erosion control plans, San Mateo County STOPP, San Mateo County Ordinance Code, 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. X. LAND USE AND PLANNING -Would the project: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact a) Physically divide an established community? ❑ Q b) Conflict with any applicable land use plan, policy, or El 11 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 Conflic t with any applicable habitat conservation plan or El 11 Q natural community conservation plan? The project is located in a rural setting within an open space preserve and does not physically divide an established s ed community. un ty. The project is consistent with the San Mateo County General Plan in that the Preserve is designated General Open Space and is currently used for agricultural grazing. No impact to the onsite grazing operation will occur as a result of the project. Current and continued use of the land for cattle grazing 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 Zo ne, agriculture, g ture, livestock raising and grazing, and public recreation are permitted uses. The onsite residential structure is intended for use by District staff to assist with monitoring ongoing grazing activities and future public recreational use of the Preserve. 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 27 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 projectis considered aoonnpakib|e use within the RM zone, because it will not result in new development, will not impact the existing cattle grazing operation, and will aid in the development offuture public recreational use of the area. Project activities do not conflict with the San Mateo County General Plan or Zoning Regulations for the RM zone. The project doesnutconUidvviihthe20l0SanGre8orio [neekVVatershed Management Plan. No other habitat conservation plan, community conservation plan or local, regional, or state habitat conservation plan has been developed for this area. X|AUNER/kL RESOURCES —Would the project: so"/s,^nt Less Than mteno^nv with Less Than snn/o(uot wu:u/vn su"/m^m Impact mmrp"m/u" Impact No Impact � a) Result in the loos of availability of known mineral El El 2 � resource that would be of value to the region and the residents of the state? � � b) Result in the loss of availability of a local|y'innpnrtant El 11 2 mineral resource recovery site delineated on a local � general plan, specific plan or other land use plan? � 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 a( the project site. | XU. NOISE —Would the project result resu|t in: sx"/om" | nt mtemuxv with Less Than | Significant Mitigation Significant /m»x/ /omrpwn000 Impact No Impact � a) Exposure o(persons to or generation of noise levels in excess of standards established in the local general plan � or noise ordinance, or applicable standards q[other agencies? b) Exposure o(persons toor generation ofexcessive El 2 groundbnrne vibration or groundborne noise levels? � c> /\ substantial permanent increase in ambient noise levels El 171 in the project vicinity above levels existing without the project? d) Asubstantia| temporary mrperiodic increase in ambient El 2 El noise levels in the project vicinity above levels existing without the project? 28 � __ _ ' e) For aproject located within an airport land use plan or, where such a plan has not been adopted, within two i miles of public airport or public use airport, would the project expose people residing orvvorkinA in the project / area toexcessive noise levels? 0 For a project within the vicinity of private airstrip, E7 �� would the project expose people residing orvvorkin# 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 nf70 [NEL 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 on existing roads within the remote setting nf the Preserve, well removed from nearby residences. Groundborne vibration and 8roundborne 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. � HU POP0LAT —Wau|dthe project: Less Than Significant Potentially with Less Than su"ac^n/ *x/xativ" S/on/nmo, | Impact /"mrp^m/on Impact No Impact � a) Induce substantial population growth in an area, either � directly (for example, by proposing new homes and � -- businesses) or indirectly (for example, through extension of roads or other infrastructure)? h) Displace substantial numbers of existing housing, necessitating the construction o/ replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the El �q construction of replacement housing elsewhere? �� The project consists of upgrades and repairs toan existing residence and water system. Use of the existing residence is in keeping with historic use ofthe structure and will not result in population growth, or � displacement of homes orpeople. � � � 29 � � � � XlV' PUBLIC SERVICES Less Than Sigwm,^^' Potentially with Less npv Sigw.nmm m/tigm/vo Significant { Impact /nmnmmxvn Impact No Impact � a) Would the project result in substantial adverse physical El El 2 impacts associated with the provision of new orphysically 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: | Fire protection? 17 E] | Police protection? �l �� Fl �� | �� =� Schools? El 11 Fl 2 Parks? 13 �l Fl �� ^� �� Other public facilities? The project consists of upgrades and repairs toan existing residence and water system and will not require � ! the need for new or physically altered government or public facilities (including schools and parks), or | additional fire or police protection. The water tank will provide water for emergency use by District and supporting agency fire staff in the event ofafire. u~°r� X�/, RECREATION " s/:"/amo' mte^v^ov with Less Than sun/nc^"t m/nga,/^o so"mmm Impact /nmrpvmio" /mp°, No Impact � a) Would the project increase the use of existing El El El 2 neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur orbeaccelerated? b) Does the project include recreational facilities orrequire 13 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. However, once complete, the project will re*4|t in habitable housing for District staff to provide an additional and ongoing presence and � � monitoring n(future public recreation use. 30 ' XV1'T0ANSPORTATION/IFR&FFIC_Would the project: Less Than Significant pmr*unr with Less Than Sigw/so* ^oownm, Significant /*pm mmrpvmov" Impact No Impact a) Conflict with an applicable plan, ordinance orpolicy establishing measures of effectiveness for the performance -- -- -- �� of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited tointersections, streets, | highways and freeways, pedestrian and bicycle paths, and � mass transit? h) Conflict with an applicable congestion management program, including, but not limited to level of service -- -- — — standanJsand travel demand measures, or other standards established by the county congestion management agency for designated roads nrhighways? � ! � c} Result in a change in air traffic patterns, including either an increase in traffic levels orachange in location that results in substantial safety risks? d) Substantially increase hazards due toadesign feature (e.g., sharp curves or dangerous intersections) or -- --incompatible uses uses (e.g., farm equipment)? � � e) Result in inadequate emergency access? �� l �� U Result in inadequate parking capacity? e) Conflict with adopted policies, plans, orprograms �� 1 suppo�ingalternative hanspohation (e.g., bus turnouts, �— -- -- � bicycle racks)? Due to the snna|| scale of the project, only a 6evv 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. /\ temporary construction staging and parking area located adjacent to and below the project � site will allow organized assembly o/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. � 3) � | � ��L UTILITIES AND SERVICE 8Y8TEK�S —��wu|d the u=m= � , Significant pnVect rm"^u/, With uarh,i" s/xo/o(a* mu/gm/oo s4w'fica«/ IMpx t /"mrp^umn Impact wo/(TIP&t a) Exceed wastewater treatment requirements ofthe applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment t/ci|itim* or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require orresult in the construction of new storm water El 11 drainage facilities or expansion of existing facilities, the | construction o[which could cause significant � environmental effects? d) Have sufficient water supplies available tu serve the El 2 project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in adeternnination by the wastewater treatment El 17 10 | provider which serves or may serve the project that it has adequate capacity to serve the project'u projected demand in addition tothe provider's existing commitments? Be served bya landfill with sufficient permitted capacity El E] 2 tu accommodate the project'sso|id waste disposal needs? | g) Comply with federal, state, and local statutes and 13 El 11 z � � regulations related to solid waste? � The projectinvo|vesupuradeshnexistin# nesidcnha| s\ruc1unesandassociatedvvatersystennup8/adesata � site located above San Gnegorio [veek. Upgrade* will not exceed wastewater treatment requirements or � require construction or expansion of new wastewater treatment facility. No new storm water drainage facilities or expansion ofstorrnvvate/facilities will occur. Well testing revealed that the existing well is capable of producing 4 gallons per minute while San Mateo County requirements fora residence only | require 2.5 gallons per minute, thus water from the existing well is sufficient to supply the existing residence. No new orexpanded entitlements are needed. Wastewater from the residence will be served by an existing onsite septic system having adequate capacity. Waste disposal from both construction and ongoing use of the residence will be served by a landfill with sufficient permitted capacity to accommodate ongoing solid waste disposal needs. Project construction, long term habitation of the residence, and use of the water system will comply with federal, state, and local statues and regulation related to solid waste. / 32 XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact a) Does the project have the potential to degrade the quality El ❑ 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 implement basic repairs to an existing residential structure and water well for use as a staff residence which will increase the District's ability to monitor public safety and resource conditions in the Preserve. All ground disturbance and earthwork on the site will be in accordance with the Erosion Control Plan developed by the Project Civil Engineer and San Mateo County's Stormwater Pollution Prevention Program (STOPPP). Upon completion of the project, all areas subject to temporary ground disturbances, including storage and construction staging areas, temporary roads, and the like shall be recontoured and revegetated, if necessary, to promote restoration of the area. To protect wildlife and plant species occurring within the Preserve, project work will follow best management practices and require adherence to District regulations to avoid impacts to biological resources. 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 prehistory. b) Does the project have im pacts m acts that are in dividually ndividuall p 1 P Y ❑ ❑ 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. The habitability upgrades for the staff residence will result in District staff having an increased presence on the Preserve which will improve public safety and monitoring of resources on the Preserve. Short-term impacts resulting from construction are minor and have a less than significant cumulative impact. 33 ^ d Does the project havmenvinonnenta| effectsvJhichvvi|| cause substantial adverse effects on human beings, either directly 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 house and water system improvements will make the existing residence habitable and is therefore an improvement 1othe existing condition. SOURCES REFERENCED \. Association of Bay Area Governments, online liquefaction map (http://www.abag.ca.gov/bayarea/eqmaps/liquefac/bayaliqs.giO accessed online July 2011. 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 2004. Available online at: (hVp://vwvv.sfei.org/wateoheds6eports/No7O_LoHonJa.him|) ]. California Department of Fish and Game, Natural Resources Database ([NDDB) Quick Viewer, La Honda � � Quadrangle(http://imaps.6fgza.eov/viewers/cndd6 ouickvieweobpp.asp) accessed online July 2011. 4. California Department of Forestry and Fire Pvo�rdon. San Mateo County Fire Hazard Severity Zone Map adopted 2007. (http://fmpzdfza.gox/web6ata/mape/san_matew�hszs_map.4l.pdH accessed online July 20ll. � 5. California Geological Survey. Special Publication Fault-Rupture Hazard Zones in [a|ihurnia, A|quist-Pho|o Earthquake Fault Zoning Act with Index to Earthquake Fault Zones Maps, Interim Revision 2007. Available upon request from k»idpeninsu)a Regional Open Space District. 6. Midpeninsu|a Regional {)pen 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 in Water Courses 2O07. Available upon request from Midpeninsu|a Regional Open Space District. 7. Natural Resources Conservation Service. U.S. General Soil Map(State Soil Geographic Database)' 2086. CIS data available for download at: (http://soi|s.usda.gowsumev/eeogmphy/stat*go� 8. Natural Resources Conservation Service. Web Soil Survey, Farmland Classification, accessed online: (http://websoi|sumey.nrcs.usda.gov)' accessed July 20ll. 9. San Francisco Bay Regional Water Quality Control Board, 2002 [WA Section ]03(d) List of Water Quality Limited Sediment, Approved by United Stakes, Environmental Protection Agency,July 2003. Accessed online: | (hKp://wwvv.waterbuards.ca.gov/waier_ .'issue-�urogm �m� md|/docs/ m�O02g2]O]d|ist.pdf), accessed]u|y2011. � lO. San Mateo County, General Plan, accessed online: (http://w**.sfnroundtah|e.op/P&B/ob_genem|_p|an.htm|) accessed ju|yZ0ll. 11. San Mateo County, General Man' Community Noise Map accessed online: (hVp:/&wvv*.s6oround\a6|e.on/P&D/gp/maps/ep"/`2Ocummunity`/`28noise"/`2U(1lxl7).pd0acceyse6ju|y2811. lZ. San Mateo County, Zoning Map for Unincorporated San Mateo County, Sheet 3l, accessed online: (http://vww.sforoundtab|eurs/P&B/pdNndex"/`2Umaps/sheet_36.pd0accessed)u)y20ll. 13. San Mateo County. General Plan, Existing Kum| Land Use Map accessed online: | (http://**vv�sfnooundtab|eoru/P&B/eo/maps/gp"�20exishng"�20rura|"�2O|and"�2Ouse.pd8accessed | ~ ~'� July 201 l. 14. San Mateo County, Zoning Regulations,July l999. Available online at: (http6\wwwm.sanmaKev.ca.us/vgn/mages/pmrtaKcit_6O9/944\50OZregs+wp.pdh 15. Trea6xe|| and Ro|o Ceo�chnica| letter Report to ��idpeninsu|a Regional {}pen Space District, 2011. 16. United States Fish and Wildlife Service, Recovery Plan for the California Red-Legged Frog' 2002. Available online at: (http:/&ecos.hws.yowHocs/*sovery_p|an/82O528.pdA 34 17. United States Fish and Wildlife Service, Recovery Plan for the San Francisco Garter Snake, 1985. Available online at: (http://ecos.fws.gov/docs/recovery_plan/850911.pdf) 18. United States Fish and Wildlife Service, San Francisco Garter Snake 5-year review: Summary and Evaluation, September 2006. Available online at: http://www.fws.gov/cno/es/San%20Francisco%2OGarter%2OSnake%205%2OYear%20Review.FI NAL.pdO 19. (United States Fish and Wildlife Service, Species Profile for the California Red-Legged Frog accessed online: (http://ecos.fws.gov/speciesProfile/profileJspeciesProfile.action?spcode=D02D), accessed August 2009, 20. Vollmar Consulting, Pond Management Plan, Former Wool Ranch, La Honda Creek Open Space Preserve, 2009. Available upon request from Midpeninsula Regional Open Space District. 21, Vollmar Consulting, Pond Monitoring Program, Former Wool Ranch, La Honda Creek Open Space Preserve, 2009. Available upon request from Midpeninsula Regional Open Space District. i .................. 35 MITIGATION MONITORING PROGRAM Folger House Remodel and Water System Improvements La Honda Creek Open Space Preserve State Clearinghouse Number: TBD San Mateo County, CA July 21, 2011 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 LA HONDA OPEN SPACE PRESERVE FOLGER HOUSE REMODEL AND WATER SYSTEM IMPROVEMENTS 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 Folger House Remodel and Water System Improvements 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 verify? implementation of the mitigation. Agency/ This column references any public agency or District Department Department with which coordination is required to ensure implementation of the Consultation: mitigation. California Department of Fish and Game is listed as CDFG. The United States Fish and Wildlife Service is listed as USFWS. 2 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. 3 Who will Department Verification Number Mitigation Timing verify? or Agency (Date& Consultation Initials) Mitigation (BIO- 1)To avoid potential impacts to California red-legged frog and Prior to and during District N/A in Section San Francisco garter snake, a biological monitor will conduct a pre- ground excavation Planner IV(a). construction survey immediately prior to construction and be onsite work each day. during all ground excavation work. The biological monitor will hand dig any burrows present in areas of ground disturbance. The monitor will survey parking areas, staged equipment, access routes, and the project area prior to the beginning of ground excavation work each day. The biological monitor will continue to survey the project throughout each day ground excavation work is occurring. Mitigation (BIO-2) If California red-legged frog or San Francisco garter snake is Prior to and during District Wildlife in Section encountered, no work shall occur until the frog or snake has left the project construction Planner Biologist, IV(a). area on its own, or until a qualified wildlife biologist is consulted and each day. USFWS, and appropriate arrangements are made with United States Fish and CDFG. Wildlife Service and the California Department of Fish and Game. 4 Number Mitigation Who will Department Verification g Timing verify? or Agency (Date& 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. Planner V(b). 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 5 Who will Department Verification Number Mitigation Timing verify? or Agency (Date& Consultation Initials) Mitigation (ARC-1 continued) in Section be guided by a research design appropriate to the discovery V(b). 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. Mitigation (ARC-2). If human remains are encountered, all work within 100 feet Throughout project District N/A in Section of the remains shall cease immediately and the contractor shall contact implementation. Planner V(b). 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 MILD 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. 6 i WIMBAY AREA RIDGE TRAIL C O U N C I L July 21, 2011 Hi Steve, Thanks so much to you and your team for a great day on Mt. Umunhum. Everyone was impressed with the planning efforts you are making for restoration and access to this spectacular and unique site. The Ridge Trail welcomes the opportunity to be involved and supportive of the project. The mountain is certain to become popular destination and I look forward to being one of a very o g rY P P the first to hike to the top on your new trail. Cc: Jed Cyr Sincerely, 4 , � 1J, rL� �rLZ;vt� 61 1007 GENERAL KENNEDY AVENUE,SUITE 3,SAN FRANCISCO,CALIFORNIA 94129-1405 PHONE(415)561-2595 FAX(415)561-2599 www.ridgetrail.org info@ridgetrail.org Open 'acelDist ictnal Memorandum P S P i DATE: July 26, 2011 MEMO TO: Midpeninsula Regional Open Space District Board of Directors THROUGH: Kate Drayson, Acting General Manager FROM: David Sanguinetti, Operations Manager SUBJECT: FYI; Fremont Older Open Space Preserve Prospect Road Agreement The District has recently been approached by one of our Fremont Older Open Space Preserve neighbors, Linda Houston, regarding concerns she has with the current condition of Prospect Road and the nature of the Road Agreement she participates in with the District and two other private residents. I am providing you with this FYI to summarize the issues and what District Staff is doing to respond to her concerns: • Request to have the overhead tree clearance comply with the Santa Clara County Fire ordinance requirements • Request to reopen the Prospect Road Agreement to evaluate the current cost-sharing formula • Quitclaim a portion of the easement from Ms. Houston to the District Next Steps: • Schedule a meeting in the next month with the Prospect Road Homeowners to discuss current proposed work and receive their input about revising the Road Agreement in advance of the expiration date in 2014 in order to reevaluate shared contribution percentages. • Discuss tree clearance along roadway under the current Road Agreement to meet the Santa Clara County Fire standards of 15 ft overhead clearance. • Discuss road surface repairs; current state of the road and whether and what type of repairs may be needed, if any. ATTACHMENT 2 AMENDMENT TO PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT This Amendment to Partnership Agreement("Amendment") is entered into by and between the City of East Palo Alto, a municipal corporation("City"), and the Midpeninsula Regional Open Space District, a public district under the laws of California ("District"), dated ("Effective Date"). WHEREAS, the City and District are parties to that certain Partnership Agreement between the City of East Palo Alto and the Midpeninsula Regional Open Space District for the Cooley Landing Project("Project") dated February 24, 2010 ("Agreement"). WHEREAS, Section 4 of the Agreement provides that City and District shall meet and discuss in good faith all necessary amendments that may be needed at the completion of each plan review and permitting process to allow the Project to continue to the next Milestone (defined below). WHEREAS, the plan review and permitting process Milestone for Phase I of the Project, remediation and trail access is near completion and the parties have discussed certain terms and conditions that should be reflected in the Agreement going forward. WHEREAS, District and City desire to enter into this Amendment to, among other things, establish a template of terms and conditions which the parties wish to incorporate into the Agreement to continue facilitating development of future phases of the Project. WHEREAS, except where specifically stated the terms and conditions set forth herein shall supplement those terms and conditions set forth in the Agreement. WHEREAS, capitalized terms used but not defined in this Amendment shall have the respective meanings provided in the Agreement. NOW,THEREFORE, in consideration of the mutual promises, covenants and obligations contained herein, City and District agree to the Amendment as follows: I. Recitals. The recitals above are incorporated by reference as though fully stated herein. 2. Project Milestones. The term "Phase" as used and described in Section 2 of the Agreement is hereby deleted and replaced with the term "Milestone." The term "Phase,"when used herein and in any subsequent amendment, shall refer to a phase or those phases of Construction as more specifically described in the Cooley Landing Vision Plan Project Plans and Specifications approved in concept by the City of East Palo Alto on July 20, 2010 ("Vision Plan") and incorporated herein by reference. 3. Term. The third sentence in Section 3 is hereby deleted in its entirety and shall be replaced with the following: "The maximum term of this Agreement shall not exceed 35 years without a written renewal or extension entered into by the parties acting on the authority of their appropriate legislative body." 4. Fulfillment of Conditions. City agrees to cause the construction of the Project ("Construction") and fulfill all conditions imposed by the City's Planning Commission, City Council, and all aplLhcabl�p_District je Dilations and other applicable laws and regulations. 5. Applicability of Mitigated Negative Declaration. City acknowledges and agrees that all activities performed or caused to be performed on the Preserve and in all Phases of the Project, now and in the future, shall be done in accordance with the Mitigated Negative Declaration and Mitigation Monitoring Program No. 10-13 certified and adopted by the East Palo Alto City Council on February 15, 2011, attached hereto as Exhibit A and made a part hereof 6. Grant of Permit to Enter; Conditions. District hereby grants City a permit to enter the Preserve in connection with the Construction for Phase One of the Vision Plan. District and City understand and acknowledge that while the parties intend for this Amendment to serve as a template of terms and conditions to govern all phases of Project construction, the permit granted by District to City pursuant to this Section 6 is only applicable for Phase One activities as described in the Vision Plan. The parties further understand and acknowledge that City must receive a permit to enter from District prior to commencing any subsequent Project Construction Phase on the Preserve. Activities in connection with this permit to enter are subject to the following conditions, which City shall incorporate into any Phase One Construction agreement: a. City shall at all times comply with all applicable District regulations, and with all other applicable federal, state and local authorities, laws, ordinances and regulations. b. City shall limit the Construction activities on the Preserve to the area specifically depicted on Exhibit B and may not conduct activities on any District property outside of this area without prior written approval of the District. c. If fueling must occur on-site, City shall cause designated areas located away from drainages and a drip pan to catch spills to be used. City shall use its best efforts to ensure that vehicles do not block roadways unless the vehicle is attended and can be moved immediately. d. City shall cause all equipment and tools on the Preserve to be used with reasonable care and diligence, and take such precautions as are necessary to avoid damage to land,property, and people. District assumes no risk and shall 2 purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of San Mateo, State of California, or in the Federal District Court for the Northern District of the State of California. Notwithstanding anything herein to the contrary, neither party shall have the right to recover any consequential, special or punitive damages in the event of a Default by the other party. 10. Maintenance and Management of Project and Related Infrastructure. Except as otherwise provided in Section 11 herein, City shall assume responsibility for the patrol, operation,maintenance and management of the Project Site. City shall be responsible for maintaining and operating all Project-related infrastructure in the manner required to serve the Project and in accordance with the use and operating covenants set forth in Section 12. 11. Parking Area. City and District shall be jointly responsible for operating, maintaining and managing that area of the Project Site where the visitor parking lot is located. In the event any disagreement between the City and District arises involving the parking lot, including but not limited to issues regarding proportional use and sufficient accommodation for Preserve visitors, the parties agree to make diligent, good faith efforts to meet, discuss and develop a mutually agreeable resolution regarding any such disagreement(s). Additionally, the parties shall meet and confer prior to the commencement of each Construction Phase to assess parking lot usage and operations. 12. Construction,Use, Operating and Maintenance Covenants. City and its successors and assigns shall be required to construct,use, operate and maintain the Project in a high-quality manner and in accordance with the Vision Plan and the Proiect Mitif4ation Monitorin, Pro ram, and as more particularly provided below. a. General. City covenants and agrees on behalf of itself and its successors and assigns that City shall use and continuously operate the Project for the uses herein specified and for no other purpose. b. Governmental Requirements. City shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, labor codes, ordinances, rules and regulations, as well as the Consent Decree entered on November 16, 2005 by the United Stated District Court for the Northern District of California in the matter captioned United States of America and the State of California, by and through the California Department of Fish and Game and California State Lands Commission v. County of Santa Clara, et al. (No. CV-0373 PVT) (collectively, "Laws") which apply to the operation and use of the Project or any portion thereof, including those requiring alterations or additions to be made to, or safety appliances or devices to be maintained or installed in, on or about the Project or any portion thereof under any Laws now or hereafter adopted, enacted or made and applicable to the Project or any portion thereof, 5 lighting, landscaping, and any and all other improvements on the Project and associated open space and common areas) in high-quality condition and repair, subject only to normal wear and tear, and in compliance with the Maintenance Standards (defined below). City's compliance with the Maintenance Standards shall be judged by a comparative standard with the custom and practice generally applicable to a comparable District open space preserve. To accomplish such maintenance, City shall either staff or contract with and hire licensed and qualified personnel to perform such maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Section 12.e. The following standards ("Maintenance Standards") shall be complied with by City and its maintenance staff, contractors and subcontractors: i. Maintain the surface of all pedestrian areas level, smooth and evenly covered with the type of surfacing material originally installed thereon or such substitute therefor as shall be in all respects equal thereto or better in quality, appearance and durability; ii. Remove all papers, debris, filth and refuse, and sweep, wash down and/or clean all hard surfaces, including brick,metal, concrete, glass, wood and other permanent poles, walls or structural members as required; iii. Maintain such appropriate entrance, exit and directional signs, markers and lights as shall be reasonably required; iv. Clean lighting fixtures and relamp and/or reballast as needed; v. Maintain landscaping as necessary to maintain in high-quality condition; vi. Maintain signs, including relamping and/or reballasting and/or repairing as required; vii. Maintain and keep in first-class condition and repair all benches, shelters,planters, trash containers, and other exterior elements; viii. Maintain and keep in a sanitary condition public restrooms and other common use facilities; ix. Clean, repair and maintain all common utility systems to the extent that the same are not cleaned, repaired and maintained by public utilities; x. Maintain all fountains, water courses and associated structures, drinking fountains, pumps and associated plumbing; 8 engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on, in or under the Preserve, when the existence of such hazardous substance, in whole or in part, arises out of, is attributable to or is caused by any activities, acts or omissions by City under this Amendment, whether on-site or off-site. 14. Signage and Brochures. City shall include the following in all promotion materials about City's operations in the Project Site: "Brought to you in partnership with the Midpeninsula Regional Open Space District." 15. Partnership Agreement Remains in Effect. The Agreement, except as amended herein, shall continue in full force and effect with all other terms and conditions unchanged. If a conflict between terms in the Agreement and those in the Amendment arises, the provisions of this Amendment shall control the construction and interpretation thereof 16. Counterparts. This Amendment maybe executed in duplicate counterparts,whiel of which will be deemed an original. 17. Authority. Each of the parties represent and warrant that they have the right,power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. CITY OF EAST PALO ALTO: By: ML Gordon,City Manager Date: APPROVED AS TO FORM By: Valerie J. Armento, Interim City Attorney Date: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: By: President,Board of Directors 10