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Home My Public Portal About20111026 - Agenda Packet - Board of Directors (BOD) - 11-29 I Midpeninsula Regional Open Space District Meeting 1 1-29 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos,California Wednesday, October 26, 2011 REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M.* REGULAR MEETING 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— PUBLIC SESSION ROLL CALL I INTRODUCTION OF NEW DISTRICT STAFF—ALLEN ISHIBASHI ADOPTION OF AGENDA 7:05* CONSENT CALENDAR 1. Approve Minutes of the District's Special and Regular Meeting—September 13, 2011 and September 14, 2011 2. Approve Revised Claims Report 3. Approve Written Communications—None 7.10* BOARD BUSINESS 4. Authorization to Execute a New Lease Agreement with VIA Services, Inc. (VIA)and Determination that the Recommended Action is Categorically Exempt from the California Environmental Quality Act(CEQA)—E. Cuzick 5. Authorization to Execute Amendment to Communications Site Lease and Access License with C&C Equipment Company, Inc. (C&C)to change the Lease Term and Determination that the Recommended Action is Categorically Exempt from the California Environmental Quality Act(CEQA)—E.Cuzick 6. Funding presentations from Bob Woods, Bryan Godbe and District Staff—R.Jurgensen ADJOURNMENT *Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS THE HOARD: 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 ivill ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication,which the Board appreciates. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICATION OF POSTINC OF AGENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing amended agenda for the Regular Mectingofthe MROSI)Board of Directors was posted and available for review on October 21,2011,at the Administrative Offices ol'MROSD,330 Distel Circle, Los Altos California,94022. The agenda is also available on the District's web site at http://www.opeiispace.org. Signed this 21"day of October,at Los Altos,California. %L District Clerk October 21,2011 Claims No. 11-18 Meeting 11-29 Date 10/26/11 Revised Midpeninsula Regional Open Space District # Amount Name Description 16202 $16,837.02 Dell Business Credit Hardware&Software For The IAFS System 16203 $12,750.00 *1 Mountain Man Wood Company Schilling Lake Management Plan-Removal Of Twelve Trees 16204 $10,357.25 Page&Turnbull Addendum To Historic Resource Study For Environmental Impact Report For Mt.Umunhum Public Access Plan 16205 $9,000.00 Old Republic Title Company Land Acquisition-Peninsula Volunteers Property 16206 $4,500.00 '2 T-Squared HVAC Deposit For Materials For Installation Of New Heating System- Rental Residence 16207 $3,987.98 Page&Turnbull Interpretive Services-Oral History Interview Of Veterans At Mt. Umunhum/Interpretive Planning&Plan Memo 16208 $3,978.00 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 16209 $3,577.65 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring 16210 $3,432.43 LSA Associates Environmental Consulting Services-Midego Gateway Project 16211 $3,285.00 Mark Thomas&Company Survey Of Skyline Crossing Area And Calwater Trail Easement 16212 $2,736.79 Cresco Equipment Rental Equipment Rental-Trail Restoration Project At Pulgas Ridge 16213 $2,688.35 Park Pacific Supplies For RSA Benches 16214 $1,777.50 Wetlands&Water Resources Consulting Services-Slender False Brome Integrated Pest Management Program 16215 $1,521.85 Hertz Equipment Rental Equipment Rental-Excavator For Road Work At Bear Creek Redwoods&Fremont Older 16216 $1,335.25 San Mateo County Planning&Building Tree Removal Permit Fees Department 16217 $1,000.00 Old Republic Title Company Title&Escrow Fees-Peninsula Volunteers Property 16218 $975.00 Aaron's Septic Tank Service Pumping Services-RSA 16219 $922.97 The Mercury News Legal Advertisement For Agri-Fos Contract Bids 16220 $921.00 Roessler,Cindy Reimbursement-CAL IPC Conference Expenses 16221 $821.48 Ron's Transmission Vehicle Repairs&Service 16222 $783.73 Summit Uniforms Uniform Expenses 16223 $650.54 Green Waste Garbage Service&Debris Box-SFO 16224 $595.00 Design Concepts Graphic Design Services-Mt.Umunhum Brochures 16225 $575.00 County Of San Mateo Information Rent For Radio Repeater At Pise Peak Services Department 16226 $545.60 CMK Automotive Vehicle Maintenance&Repairs 16227 $464.31 West Payment Center Monthly Subscription For Online Legal Information&Legal Updates 16228 $393.75 Greenlnfo Network Preserve Finder Upgrade To Google Maps 16229 $323.15 California Water Service Company Water Service-FFO 16230 $271.65 Metro Mobile Communications Installation Of Radio In Maintenance Truck 16231 $258.20 Safety Kleen Solvent Tank Service-SFO 16232 $229.40 Stevens Creek Quarry Base Rock For Trail Surface For Thornewood Trails Improvement Project 16233 $212.26 Turf&Industrial Equipment Company Tractor Repair 16234 $200.00 Laustsen,Gretchen Reimbursement-Work Boots For Two Employees 16235 $158.15 Reed&Graham Materials For Pulgas Ridge Restoration Project 16236 $128.32 Pape'Material Handling Oil Change Supplies For Tractor 16237 $100.00 County Of San Mateo Human Training Course-Word 2007 Resources Department 16238 $90.00 Forensic Analytical Dust Sampling-Cooley Landing 16239 $76.74 Heimer, Dennis Reimbursement-Uniform Expenses 16240 $70.00 Mesale Fabrication Welding Repair To Flail Mower 16241 $67.54 Pine Cone Lumber Lumber For Fence-Thornewood Trail Improvement Project 16242 $60.60 Radcliffe,Michelle Reimbursement-Watershed Summit Meeting Supplies 16243 $50.78 Hooper,Stan Reimbursement-Mileage Page 1 of 2 Claims No. 11-18 Meeting 11-29 Date 10/26/11 Revised Midpeninsula Regional Open Space District # Amount Name Description 16244 $44.34 Los Altos Hardware Field Supplies 16245 $43.28 Reed,Steve Reimbursement-Uniform Expenses 16246 $30.31 The Sign Shop Decals For Signs 16247 $10.99 O'Reilly Auto Parts Windshield Wash 16248 R $89,015.48 Downtown Ford Purchase Of One Maintenance Truck&One Patrol Truck 16249 R $7,540.23 *3 San Mateo County Planning&Building Permit Fee For Watershed Protection Plan Department 16250 R $5,739.48 Catering By Dana Balance-Catering For Volunteer Recognition Event 16251 R $4,500.00 Hulberg&Associates Appraisal Fee 16252 R $2,850.00 Econo Tree Service Tree Removal For Restoration Work At Pulgas Ridge 16253 R $743.70 Sheldon Road Improvement Fund Annual Road Maintenance Fee 16254 R $538.88 Accountemps Accounting Temp 16255 R $454.56 Congdon, Bunny Reimbursement-Mileage 16256 R $419.47 Petty Cash Office&Break Room Supplies/Parking,Mileage&Carwash/ Field Supplies/Fuel/CSDA Conference Expenses 16257 R $145.09 Barresi,Chris Reimbursement-Uniform Expense 16258 R $110.31 Mission Trail Waste Systems Garbage Service-AO 16259 R $74.15 Wright, Leslie Reimbursement-Business Related Meal For Radio Project Meeting 16260 R $65.00 Hsieh,Benny Reimbursement-Docking Station For Operations Department 16261 R $40.81 Grainger Field Supply-Rotor Key Total $205,076.32 *1 Urgent check issued 10/21/11 *2 Urgent check issued 10/17/11 *3 Urgent check issued 10/25/11 I Page 2 of 2 Claims No. 11-18 Meeting 11-29 Date 10/26/11 Midpeninsula Regional Open Space District # Amount Name Description 16202 $16,837.02 Dell Business Credit Hardware&Software For The IAFS System 16203 $12,750.00 '1 Mountain Man Wood Company Schilling Lake Management Plan-Removal Of Twelve Trees 16204 $10,357.25 Page&Turnbull Addendum To Historic Resource Study For Environmental Impact Report For Mt. Umunhum Public Access Plan 16205 $9,000.00 Old Republic Title Company Land Acquisition-Peninsula Volunteers Property 16206 $4,500.00 '2 T-Squared HVAC Deposit For Materials For Installation Of New Heating System- Rental Residence 16207 $3,987.98 Page&Turnbull Interpretive Services-Oral History Interview Of Veterans At Mt. Umunhum/Interpretive Planning&Plan Memo 16208 $3,978.00 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 16209 $3,577.65 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring 16210 $3,432.43 LSA Associates Environmental Consulting Services-Midego Gateway Project 16211 $3,285.00 Mark Thomas&Company Survey Of Skyline Crossing Area And Calwater Trail Easement 16212 $2,736.79 Cresco Equipment Rental Equipment Rental-Trail Restoration Project At Pulgas Ridge 16213 $2,688.35 Park Pacific Supplies For RSA Benches 16214 $1,777.50 Wetlands&Water Resources Consulting Services-Slender False Brome Integrated Pest Management Program 16215 $1,521.85 Hertz Equipment Rental Equipment Rental-Excavator For Road Work At Bear Creek Redwoods&Fremont Older 16216 $1,335.25 San Mateo County Planning&Building Tree Removal Permit Fees Department 16217 $1,000.00 Old Republic Title Company Title&Escrow Fees-Peninsula Volunteers Property 16218 $975.00 Aaron's Septic Tank Service Pumping Services-RSA 16219 $922.97 The Mercury News Legal Advertisement For Agri-Fos Contract Bids 16220 $921.00 Roessler,Cindy Reimbursement-CAL IPC Conference Expenses 16221 $821.48 Ron's Transmission Vehicle Repairs&Service 16222 $783.73 Summit Uniforms Uniform Expenses 16223 $650.54 Green Waste Garbage Service&Debris Box-SFO 16224 $595.00 Design Concepts Graphic Design Services-Mt. Umunhum Brochures 16225 $575.00 County Of San Mateo Information Rent For Radio Repeater At Pise Peak Services Department 16226 $545.60 CMK Automotive Vehicle Maintenance&Repairs 16227 $464.31 West Payment Center Monthly Subscription For Online Legal Information&Legal Updates 16228 $393.75 Greeninfo Network Preserve Finder Upgrade To Google Maps 16229 $323.15 California Water Service Company Water Service-FFO 16230 $271.65 Metro Mobile Communications Installation Of Radio In Maintenance Truck 16231 $258.20 Safety Kleen Solvent Tank Service-SFO 16232 $229.40 Stevens Creek Quarry Base Rock For Trail Surface For Thornewood Trails Improvement Project 16233 $212.26 Turf&Industrial Equipment Company Tractor Repair 16234 $200.00 Laustsen,Gretchen Reimbursement-Work Boots For Two Employees 16235 $158.15 Reed&Graham Materials For Pulgas Ridge Restoration Project 16236 $128.32 Pape' Material Handling Oil Change Supplies For Tractor 16237 $100,00 County Of San Mateo Human Training Course-Word 2007 Resources Department 16238 $90.00 Forensic Analytical Dust Sampling-Cooley Landing 16239 $76.74 Heimer,Dennis Reimbursement-Uniform Expenses 16240 $70.00 Mesale Fabrication Welding Repair To Flail Mower 16241 $67.54 Pine Cone Lumber Lumber For Fence-Thornewood Trail Improvement Project 16242 $60.60 Radcliffe,Michelle Reimbursement-Watershed Summit Meeting Supplies 16243 $50.78 Hooper,Stan Reimbursement-Mileage Page 1 of 2 r I Claims No. 11-18 Meeting 11-29 Date 10/26/11 Midpeninsula Regional Open Space District # Amount Name Description 16244 $44.34 Los Altos Hardware Field Supplies 16245 $43.28 Reed,Steve Reimbursement-Uniform Expenses 16246 $30.31 The Sign Shop Decals For Signs 16247 $10.99 O'Reilly Auto Parts Windshield Wash Total $92,839.16 "1 Urgent check issued 10/21/11 "2 Urgent check issued 10/17/11 Page 2 of 2 Midpeninsula Regional 0 ' Open Space District R-11-100 Meeting 11-29 October 26, 2011 AGENDA ITEM 4 AGENDA ITEM Authorization to Execute a New Lease Agreement with VIA Services, Inc. (VIA) and Determination that the Recommended Action is Categorically Exempt from the California i Environmental Quality Act(CEQA) I GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended action is categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached Board Resolution authorizing the President to execute a new Lease Agreement with VIA. SUMMARY VIA is seeking approval from the District to continue leasing a riding ring facility located in the Picchetti Ranch Open Space Preserve for the next 25 years as shown in Attachment B. The riding ring is used one to two weekends a month from May to October for a horse therapy program for children and adults with disabilities. VIA's main facility(Camp Coastanoan) is leased from Santa Clara County as a part of Stevens Creek County Park, which is adjacent to the riding ring. Santa Clara County recently extended VIA's lease for an additional 55 years. The 11 e provides that the riding ring is available to the public when not in use b VIA. original lease p g g p y DISCUSSION In 1986, the Board approved a lease agreement("Original Lease") allowing the Crippled Children's Society of Santa Clara County, Inc. to construct a riding ring facility on a portion of the Picchetti Ranch Area of the Monte Bello Open Space Preserve adjacent to Camp Coastanoan (see Board Memorandum M-86-36). The Original Lease term was one year with an automatic renewal at the end of each year. The rent was $1.00 per year payable annually in advance. The riding ring facility was for use as part of the Camp Coastanoan's Recreation and Rehabilitation Program where adults and children participate in a horse therapy program to assist with their disabilities. As part of the Original Lease, the site is available to the public at no cost and at all R-11-100 Page 2 times when the site was not being utilized for the program. The Crippled Children's Society main facility, Camp Coastanoan, was located on and leased from Santa Clara County. ' l t legally During h Original Lease Term the Cripple Children s Society of Santa Clara County e Du the g � Y Y g Y changed its organization's name to VIA Services Inc. VIA recently amended its lease with Santa Clara County to extend the term by 55 years for Camp Coastanoan, located adjacent to the riding ring. The rent for Camp Coastanoan is $1.00 per year. VIA approached the District to enter into a similar long term lease arrangement for the riding ring to secure its use for their program. VIA has done an excellent job of maintaining the riding ring over the last 25 years as well as making it available to the public when not in use. After reviewing the Original Lease and visiting the site, staff is proposing the District enter into a new, five year lease with VIA with four 5-year extensions potentially totaling 25 years for the use of the riding ring as designated in Attachment B. The terms of the proposed lease are outlined below in the Terms and Conditions section of this report. CEQA COMPLIANCE District staff concludes that the recommended action is exempt from CEQA because it will not have a significant effect on the environment under CEQA Guidelines Section 15301(e) which exempts minor alterations of existing facilities when less than 2500 square feet in expansion of the existing public structures is proposed. TERMS AND CONDITIONS Staff proposes a new five year lease agreement with VIA with four 5-year extensions potentially totaling 25 years. This new lease agreement includes the following terms and conditions: 1. An annual rent for use of the riding ring of$1.00 per year payable annually in advance. 2. Use of the riding ring will be limited to the months of May through October, generally on the weekends. 3. Five horses that can be in the ring at any one time which is a slight increase from the program's original four horses. 4. Public access to the riding ring would be available at no cost and at all times when the ring is not being utilized for the program. 5. Maintenance of the riding ring is the responsibility of VIA. All maintenance of the riding ring will be inspected by District staff. 6. A trail through the leased premises may be proposed by the District at some time in the future. If the trail passes through the riding ring, VIA agrees the lease is terminable upon 90- day notice and all improvements would be removed within that timeframe. i i R-11-100 Page 3 BUDGET CONSIDERATIONS As VIA will be maintaining the riding ring,there should be no cost to the District for maintenance over the term of the lease. A total of$25.00 will be paid to the District over the term of the lease. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. NEXT STEPS If the VIA Lease Agreement is approved by the Board of Directors, staff will notify the Lessee of Board approval of this item. Attachments: 1. Resolution 2. Map 3. VIA Lease Agreement Prepared by: Elaina Cuzick, Real Property Specialist Contact person: Elaina Cuzick, Real Property Specialist Graphics prepared by: Alex Roa, Planning Technician _I RESOLUTION NO. 11-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE LEASE AGREEMENT WITH VIA SERVICES INC. (PICCHETTI RANCH OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula.Regional Open Space District does hereby resolve: Section One. The District may, under the provisions of Section 5540 and 5563 of the Public Resources Code, lease property owned by the District for up to twenty-five(25) years, and the Board of Directors hereby finds that the proposed lease premises located in the Picchetti Ranch Open Space Preserve remains presently unnecessary for open space purposes and that continuation of the Lease for riding ring facility is in the best interests of the public. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District approves the Lease Agreement between Midpeninsula Regional Open Space District and VIA Services Inc., a copy of which is attached hereto and by this reference made a part hereof, and does hereby authorize the President or other appropriate officers to execute said Lease Agreement on behalf of the District. Section Three. The General Manager or the General Manager's designee is hereby authorized to negotiate and approve the exercise of each of the four subsequent options of the Lease Agreement as set forth in the Lease Agreement. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the completion of such transactions. The General Manager shall report in writing on any such exercise of an option to continue the subject Lease to the Board of Directors at the meeting immediately following the exercise thereof. • r y ED �• l 'w ...#� it ;:✓. i_ - 1 rea of w ' , e`Yi `t ' y►' I w . o t I Midpeninsula RegionalNI ' Open Space District , J+ '#' . x Picchetti Ranch Riding Open Space Preserve -Ring f .. .� • ' Stevens Creek, County PA � •,, �: .. Camp Casta�noani/ 'o � , r r t r , VI • w 1 a �Lt + y ✓ Stevens Creek 1 r,ylr Stevens Creek" r c ' =} ,p• ,; County Park ;,County Park f .ter' $ s ,��'�� ..`a1 - � r � •:• 3I! a � PremisesAttachment B: Leased Open Space :. •. '1 1 Leased PremisesFeet Road October, 2011 OPEN SPACE LEASE AGREEMENT THIS LEASE made and entered into this day of , 2011, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California public agency ("District"),and VIA SERVICES, INC. a California non-profit corporation,hereinafter called ("Lessee"). RECITALS A. District, a California public agency, owns certain real property located in Santa Clara County commonly known as the Monte Bello Open Space Preserve(the"Property"). B. District acquired the Property to protect and restore its natural resources and beauty, to develop its recreational potential, and to continue agricultural uses. C. The Property is adjacent to a part of Stevens Creek County Park that is owned by Santa Clara County("County") and leased by County to the Lessee for use as a recreation therapy camp ("Camp") for children and adults with disabilities. Lessee has leased a portion the Property from District for over twenty-four years for the primary use as an equestrian riding ring that is part of the Camp. D. County and Lessee recently amended their lease to extend the term through 2060. E. District i willing to continue leasing a portion of the Property historical) leased s • g g p p Y Y to Lessee under the terms and conditions contained in this Lease. The property being leased hereunder("Leased Premises") consists of an approximately 85' by 114' portion of the Property as more fully described in Exhibit A attached hereto, together with all improvements thereon. AGREEMENT Now,THEREFORE,IN CONSIDERATION of the mutual covenants and promises of the parties, the parties hereto agree as follows: 1. LEASE. District leases to Lessee the Leased Premises, upon all of the terms, covenants and conditions herein contained(the"Lease"). 1.1 As-Is. The Leased Premises are being leased "As-Is,"with Lessee accepting all defects, if any; and District makes no representation or warranty of any kind, express or implied, with respect to the Leased Premises (without limitation, District makes no warranty as to the habitability, fitness or suitability of the Leased Premises for a particular purpose nor to the absence of any toxic or otherwise hazardous substances). Lessee acknowledges that it has been given the opportunity to inspect the Leased Premises and to have qualified experts inspect the Leased Premises prior to the execution of this Lease. Lessee acknowledges that it has leased said Leased Premises for the past twenty-four years. Lessee acknowledges that neither District nor any broker or property manager of Districts has made any representation or warranty to Lessee as 1 f to the present or future condition of the Leased Premises or the suitability of the Leased Premises for the conduct of Lessee's use. 2. TERM. The Leased Premises are leased for an initial five (5)term (Initial Term) beginning on , 2011 ("Commencement Date") and expiring on _ , 2016 (the"Term"), unless extended as provided for herein. Provided Lessee is in compliance with the terms, covenants, and provisions of this Lease, and a request by Lessee is received by District no more than one hundred eighty(180) days and no less than ninety (90) days prior to the termination of the Initial Term, the District may, in its sole discretion, elect to extend the Lease for one additional five(5) year period("Subsequent Term"). Such extension would extend the Term for a total of no more than ten(10) years, unless the Lease is earlier terminated by District or Lessee as provided herein. If extended by District, the Subsequent Term shall expire on , 2021. Collectively,the Initial Term and Subsequent Term are referred to herein as the"Lease Term." Lessee acknowledges that the District may propose that a public trail be constructed through the Leased Premises at some time in the future. In such event, and if District determines that the Lessee's improvements interfere with the proposed public trail, Lessee understands and agrees that this Lease shall be terminable by District upon 90 days prior written notice to Lessee indicating that effect and the Lessee will be required within 90 days to remove the improvements to the satisfaction of the District. 3. RENT. 3.1 RENT,CASH. Lessee agrees to pay a total rent of One Dollar($1.00) per year, payable in its entirety, in an amount equal to Five Dollars ($5.00), upon full execution of this Lease. 3.2 RENT MAINTENANCE WORK. In addition to the cash rent in Paragraph a h 3.1 above for rental payable hereunder, Lessee agrees to compensate District by completing the maintenance work and activities specified in the list and schedule attached as Exhibit B (collectively the"Maintenance Work"). Lessee must review all Maintenance Work with Lessee with District prior to commencing any work. All Maintenance Work shall be completed and the District notified that the Maintenance Work is ready for inspection. The District may inspect the Maintenance Work within forty-five(45) days following notification, otherwise it shall be deemed accepted following such time period. All Maintenance Work may only be performed between May and October. All Maintenance Work shall be completed and delivered free from all liens, claims, demands, setoffs or counterclaims against the District of any kind or character whatsoever. If the Maintenance Work is unsatisfactory, District shall notify Lessee of the deficiency within seven(7)days after the inspection. Upon such notification of deficiency, Lessee shall have twenty(20) days to correct the deficiency. If the deficiency is not corrected, District may do the work or terminate the Lease in accordance with Paragraph 21(b). 2 I I 4. USE. 4.1 PERMITTED USES. Lessee shall have a non-exclusive right to use and occupy the Leased Premises solely as a riding area for horses as a part of the Via West Campus Recreation and Rehabilitation Program between the months of May and October during the Term. Pursuant to the foregoing, Lessee understands and acknowledges that the Leased Premises shall be available to the public at no cost at all the times that the Leased Premises is not in use by the Lessee accordingly; access to the Leased Premises shall be available to hikers and equestrians. At such times as the Leased Premises is available to the public, the Lessee will allow the public to avail of the water, toilet and picnic facilities at the Lessee's adjacent property in Stevens Creek County Park. At any one time there shall be no more than five(5)horses on the Leased Premises without the prior written consent of the District. 4.2 INSURANCE PROHIBITION. Lessee shall not make or permit any use of the Leased Premises or act thereon which will increase the existing rate of insurance on any portion of the Property or cause the cancellation of any insurance policy covering any portion of the Property. If any act by Lessee or use of the Leased Premises made or permitted by Lessee shall directly cause any cost increase for District's insurance, such additional expense shall be paid by Lessee to District upon demand as additional rent. Lessee shall not permit to be kept or used in or about the Leased Premises any article which may be prohibited by any of the District's insurance policies. 4.3 WASTE OR NUISANCE. Lessee shall not commit or suffer to be committed any waste upon the Leased Premises, or any public or private nuisance. Lessee shall not burn any trash or garbage of any kind in or about the Leased Premises or Property and shall not use or permit the use of any portion of the Leased Premises or Property for any unlawful purpose or purposes. 5. HUNTING RIGHTS AND OTHER RECREATIONAL ACTIVITIES. In accordance with Section 700 of the Regulations For Use of Midpeninsula Regional Open Space District Lands ("District Regulations") Lessee shall not perform or permit any hunting on the Leased Premises. Further, Lessee may not use the Leased Premises for public or private entertainment events involving more than 10 people without prior written permission of District. 6. BUFFER AREAS. In accordance with Section 702 of the District Regulations, es p J Lessee hall protect adjacent areas of natural habitat and creek corridors from disturbance. s Lessee shall not clear trees or vegetation from the banks of streams without prior written approval of the District. 7. PESTS FIRE HAZARDS AND TREES. Lessee shall protect the Leased Premises from noxious grasses, weeds and plants, and from animal and insect pests, and free from fire hazards. Lessee shall care for,prune and protect all trees on the Leased Premises; provided,however, that Lessee shall not cut any timber or remove any trees from the Leased Premises for any purpose 3 whatsoever without the prior written consent of District, nor shall Lessee commit or suffer to be committed any waste or nuisance upon the Leased Premises. 8. EROSION CONTROL AND ROAD REPAIR. Lessee shall maintain adequate ground cover in order to prevent erosion. Lessee shall control soil erosion as completely as practicable by filling in or otherwise controlling small washes or ditches that may form. Lessee shall keep and maintain all ditches, roadways, and other improvements on said Leased Premises in good condition and repair. Road repairs and erosion control work shall, as much as possible, meet the applicable standards and practices recommended by the USDA Natural Resources Conservation (MRCS). 9. IMPROVEMENTS AND ALTERATIONS. Lessee shall not, without District's express prior written consent, which may be withheld in District's sole and absolute discretion,make any alterations or additions to the premises, including without limitation the construction of buildings or other structures, new fences or structures of any sort, nor without such consent shall Lessee do any grading, trenching or earth moving of any sort on the Leased Premises. Lessee shall not install or permit the placement of any signs on the Leased Premises of any sort without District's express prior written consent which consent may be withheld in District's sole and absolute discretion. 10. LIENS AND ENCUMBRANCES. Lessee shall not incur or suffer any liens or encumbrances to be levied or asserted against the Leased Premises, any improvement thereon or appurtenance thereto. Lessee shall not execute any other security agreement relating to the Leased Premises, any appurtenance thereto, or any equipment located thereon. Lessee shall promptly notify District of any claims or liens against the Leased Premises, the improvements appurtenances thereto orequipment located thereon so that District may take such steps thereon, appy p as District may deem appropriate for the protection of said Leased Premises and appurtenances. 11. PAYMENT OF OPERATING COSTS. Lessee shall pay all costs in connection with Lessee's operations upon the Leased Premises. 12. TAXES AND ASSESSMENTS. Lessee shall a prior to delinquency, all ersonal pay, p p property taxes or assessments levied upon Lessee's personal property situated in or about the Leased Premises during the Term of this Lease. On demand, Lessee shall pay any taxes resulting from an increase in the value placed on the personal property of Lessee or placed on the Leased Premises by Lessee. On demand, Lessee shall provide to District satisfactory evidence of payment of taxes. 13. POSSESSORY INTEREST TAX. Lessee acknowledges that Lessee's interest in the Premises under this Lease may now or hereafter be subject to a possessory interest tax imposed by the County in which the Premises are situated or by other lawful governmental authority. Lessee shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against rent payable under this Lease. 4 14. INSURANCE. During the full Term hereof, Lessee shall, at its sole cost and expense,procure and maintain public liability insurance from an insurance company satisfactory to District, providing Bodily Injury and Property Damage, combined single limit of not less than Two Million Dollars ($2,000,000.00). Lessee shall comply with all requirements, applying to the premises, of any insurance organization, necessary for the maintenance of reasonable public liability insurance covering the structures. District shall be listed as an additional insured on said a liability policy. Lessee shall provide District with a Certificate of Insurance at the signing of the Lease. 15. INDEMNITY. Lessee expressly assumes for itself, its agents, employees, contractors, patrons, and invitees, all risks and damages to persons or property, either proximate or remote,because of the present or future condition of the Leased Premises. Lessee shall indemnify and hold the District harmless from any and all damages, injuries or claims, including reasonable attorney's fees, in any way related to or arising out of, in or about the Leased Premises or from Lessee's operations on the Leased Premises. 16. COMPLIANCE WITH APPLICABLE LAWS REGULATIONS AND AGREEMENTS. Lessee shall use the Leased Premises in strict compliance with all laws, statutes, ordinances, rules, regulations and orders of federal, state or county governments, or of any agency thereof which may be applicable to the Leased Premises or the use or occupancy thereof. A copy of the District Regulations, which are applicable to the Leased Premises and Lessee's use or occupancy thereof, it is attached hereto as Exhibit C and made a part hereof. 17. RIGHT OF ENTRY AND EMERGENCY LANDING ZONE. Lessee understands and acknowledges that the Leased Premises shall be available to District at all times. The equestrian g riding ring may be used by District as a helicopter landing zone during emergency situations only. Access by the public is as noted in section 4.1 - Permitted Uses. 18. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, transfer or encumber this Lease or any part thereof, or sublet the Leased Premises without the prior written consent of District; nor shall Lessee's interest be assignable by operation of law without such prior written consent; provided that such consent shall not be unreasonably withheld but Lessee shall remain liable hereunder notwithstanding such assignment or subletting. Any such assignment or subletting without such consent shall be void and, at the option of District, shall forthwith terminate this Lease, and Lessee shall remain liable hereunder notwithstanding any such assignment or subletting. Lessee shall terminate all existing subleases within thirty(30) days and shall be responsible for the actions of sub lessee until the sub lessee has vacated the Property, including removal of any equipment,junk or debris left by sub lessee. 19. DEFAULT BY LESSEE. All covenants and agreements contained in this Lease are conditions to this Lease. Should Lessee default in the performance of any covenant, condition or agreement contained in this Lease, and such default continues for thirty(30) days after written notice thereof, or for five(5) days after written notice of failure to pay rent, District may resort to the remedies described below under"DISTRICT'S REMEDIES." 5 20. DISTRICTS RIGHTS TO CURE LESSEES DEFAULTS. If Lessee should fail to pay any charges, tax or other amounts herein required to be aid b him when due, or in the event that g q p Y Lessee fails to pay any sums required to be paid hereunder to protect District's interest herein, the same may be paid by District and all sums so expended by District shall immediately become due and payable from Lessee to District and shall bear interest until paid at the rate of ten percent (10%)per annum. 21. DISTRICT'S REMEDIES. (a) CONTINUATION OF LEASE. Upon default of this Lease by Lessee, District may, without notice to Lessee, elect to allow this Lease to continue in full force and effect and to enforce all of District's rights and remedies hereunder, including without limitation, the right to collect rent as it becomes due, as long as District does not terminate Lessee's right to possession of the Leased Premises. (b) TERMINATION OF LEASE. Upon default of this Lease by Lessee, or at some later date if a default has occurred and is continuing and District has not theretofore elected to terminate Lessee's right of possession, District may elect to terminate Lessee's right to possession and may remove all persons and property from the said premises; District may store the property removed in a public warehouse or elsewhere at Lessee's expense and for his account. 22. EXPENSES. In the event of litigation or arbitration between the parties arising out of or relating to this Lease, the prevailing party will be entitled to recover court or arbitration costs and reasonable fees of attorneys, accountants and expert witnesses incurred by such party in connection with the action or arbitration, including such costs and fees incurred because of any appeals. The prevailing party also shall be entitled to recover all such costs and fees that may be incurred in enforcing any judgment or award, and this provision shall not be merged into any judgment but shall survive any judgment. 23. WAIVER. No express or implied waiver by District of any default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default of Lessee or a waiver of any of the rights of District under the terms hereof. 6 24. NOTICES. Any notice required or permitted ed to be given hereunder shall be deemed given three (3) days after deposit thereof in the United States mail, first class postage prepaid, and addressed to the appropriate party as follows, or at such other address as may have been given by that party to the other during the Term of the Lease. Notice may also be given by personal delivery, courier, and facsimile. To District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 Attn: Real Property Manager To Lessee: Via Services 2851 Park Avenue Santa Clara, CA 95050 (408) 243-7861 Attn: Vice President of Administration 25. MISCELLANEOUS. a. GOVERNING LAW. This agreement shall be governed by and construed in accordance with the laws of California. b. INTEGRATION. This Lease contains the entire agreement between the parties regarding the subject matter of the Lease, and this Lease expressly supersedes all previous or contemporaneous agreements, understandings, representations, or statements between the parties regarding those matters. I C. AMENDMENTS. This Lease may be amended only in writing signed by the party whom or against whose successors and assigns enforcement of the change is sought. d. PUBLICATIONS. Lessee shall reference District on all print and/or online publications regarding the horse rehabilitative program or any other matters arising out of this Lease. 7 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. Via Services MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AND ACCEPTED: Date: By. Stephen E. Abbors, General Manager Date: ATTEST: By: Michelle Radcliffe, District Clerk APPROVED AS TO FORM: By: Susan M. Schectman, General Counsel i 8 EXHIBIT A LEASED PREMISES i i E 9 i EXHIBIT B MAINTENANCE WORK 1. Maintenance of the arena area—Lessee has permission to clear and grade, subject to any applicable laws and regulations and at Lessee's expense, the area inside the arena of the Leased Premises between the months of May and October for the sole purpose of maintaining a level surface for horse usage and an emergency helicopter landing zone. 2. Fence and Structure repair—All fences and shade structures in the Leased Premise shall be maintained by Lessee at Lessee's expense. 3. Defensible Space—Lessee at all times during the term of this Lease Lessee shall maintain as a fire break an area at least thirty(30) feet in width, surrounding the perimeter of the structures comprising the Leased Premise which shall be free of all low-lying brush, dry weeds, and similar flammable materials. 4. Weed abatement—Star thistle and other herbaceous (non-woody)plant materials may be trimmed on the Leased Premises to aid in the Lessee's programs. 10 i EXHIBIT C DISTRICT REGULATIONS l I 11 I REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS Adopted by Ordinance No. 93-1,July 28, 1993 Revised and Adopted by Ordinance No. 96-1,February 28, 1996 Revised and Adopted by Ordinance No. 03-01,June 6, 2003 Revised and Adopted by Ordinance No. 03-02,August 13, 2003 Revised and Adopted by Ordinance No. 04-01,August 25 2004 CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands,to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27, 1974, and as amended March 10, 1999, that"The District follows management policies that ensure proper care of the land, that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT DISTRICT LANDS DEFINED. "District" means MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, leased, licensed or managed by MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 104. PERSON DEFINED. "Person"means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105 JUVENILE DEFINED. A juvenile is defined as any person under the age of 18 years. Page I SECTION 106 SADDLE OR PACK ANIMAL DEFINED. A saddle or pack animal is defined as any horse, pony, mule, donkey, other member of the equine family, alpaca or llama whether used for riding or packing or neither. It does not include any other animal that may be used for saddle or packing purposes. SECTION 107 DESIGNATED TRAIL DEFINED. A "Designated Trail," is a trail maintained by the District which is shown on the District's official preserve maps or is identified as a designated trail in the District's Use and Management Plan for the preserve. The area of the trail is defined as the graded trail surface. It does not include the uphill embankment, downhill embankment, or any area or corridor adjacent to the trail surface. SECTION 108 DESIGNATED AREA DEFINED. A "Designated Area," is any area or trail on District lands specifically designated for a specific use or activity or where a specific use or activity is prohibited or restricted by a District rule, regulation, Ordinance, sign, notice or permit. SECTION 109 WATER AREAS OF THE DISTRICT DEFINED. "Water Areas of the District," are defined as all water areas on District Lands, including,but not limited to,natural and artificial swimming pools,reservoirs, ponds, lakes, creeks, streams,bays, tidal areas, flood control channels, and other structures designed or able to hold water. SECTION 110. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or"permission" means permission, granted in writing by the General Manager or his/her designee or an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 111. CLIMBING DEFINED. Climbing is defined as suspending oneself by hands and or feet or with a rope or other support, such that one could not stand up unsupported on his/her feet or progress up or down without the use of their hands or other support without jumping or falling. SECTION 112 DISTRICT EMPLOYEE DEFINED. A "District Employee," is any full or part time paid employee to ee of Mid peninsula Regional Open en Space ace District. This definition does not include volunteers. SECTION 113. BOARD DEFINED. "Board" means the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 114. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. Page 2 SECTION 115. PUBLIC VIEW DEFINED. "Public View" is defined as a location which can be seen from a road, trail, staging area, parking lot, campground or picnic area, or other District structure or facility. CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as otherwise provided by resolution, regulation, or rule of the Board, by administrative action of the General Manager or his/her designee under this Ordinance, or by individual Site Use and Management Plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits there from, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the terms and conditions of any permit, the lawful order or other instruction of any District ranger or peace officer appointed by the Board, the laws of the State of California, an Federal law, and all applicable count and Y pP Y other local ordinances. 200.3 The provisions of this Ordinance shall not apply t o employees and officials P PP Y facials of the District acting within the scope of their authorized duties. However, District employees and official shall abide by the laws of the State of California, any Federal law and all applicable county, city and other local ordinances. 200.4 All District lessees, contractors, consultants, agentsP a ents and representatives shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California, any Federal law, and all applicable county, city and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. Page 3 CHAPTER III. GENERAL RULES Ordinance are adopted pursuant to SECTION 300. AUTHORITY. All sections of this Or p Sections 5541 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. SECTION 301. VIOLATIONS OF ORDINANCE A MISDEMEANOR OR INFRACTION. Unless otherwise s any stated, violation of this Ordinance or of any rule or regulation adopted by the District is punishable as an infraction. When any violation of this Ordinance or of any rule or regulation adopted by the District is punishable as a misdemeanor, the prosecutor may file a specifying t complaint or make a motion to amend an accusatory pleading that the offense is an infraction. When any violation of this Ordinance or of any rule or regulation adopted by an infra ction, the prosecutor ma y file a com plaint laint the District is punishable as p Y P or make a motion to amend an accusatory pleading specifying that the offense is a misdemeanor. SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, n subparagraph, sentence, or clause of this Ordinance is, for an y reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof,would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304 CITATIONS FOR MISDEMEANORS. If any person is arrested for a violation of an ordinance, and such person is not immediately taken before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. Page 4 specified in the notice to appear must be at least five s after days a The time P s pp Y such arrest. b) The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail. c) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his/her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. d) The officer shall, as soon as practicable thereafter, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which in his/her judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. The defendant may,prior to the date upon which he/she promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his/her discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code. e) No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he/she has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. Page 5 SECTION 305 WILLFULLY VIOLATING WRITTEN PROMISE TO APPEAR. Any person who willfully violates his/her or her written promise to appear or a lawfully granted continuance of his/her promise to appear in court is guilty of a misdemeanor,regardless of the disposition of the charge upon which he/she was originally arrested. SECTION 306 ARREST WARRANT FOLLOWING FAILURE TO APPEAR. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 5560.5 of the Public Resources Code, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within 20 days after his/her failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he/she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. When such person violates his/her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after official closing hours on District Lands, except by written permit in Designated Areas. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: a) accompanied by a parent or guardian; or b) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; or c) the juvenile is an emancipated minor. SECTION 401. SWIMMING. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any Water Areas of the District except in Designated Areas. Page 6 401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas by swimming, washing, wading, aqua-planing,paddle boarding, skin diving, water skiing or similar activity. It does not include boating, fishing, or when using a Designated Trail. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the Water Areas of the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS TRAPS WEAPONS AND DANGEROUS DEVICES. 403.1 General. a) No person shall carry, possess, use, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap, snare or hunting device, ammunition, throwing knife, hatchet, axe, sword, machete, martial arts throwing device, any device capable of firing or launching a projectile, or any other weapon or device not otherwise specified, capable of injuring or killing any person or animal. Violation of this sub-section is punishable as a misdemeanor. b) No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any paint ball gun, BB gun, air gun or similar device. 403.2 Exceptions. This section shall not apply to: a) the possession of otherwise lawful unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; b) the possession of otherwise lawful firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; c) the possession and use of such firearms or weapons granted by written permit for resource management or educational purposes. Page 7 SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light,build, or in pe rmanent fixed maintain, a fire of any nature on District Lands, exceptp barbecues, camp stoves or fireplaces established and authorized by the District. A fire shall include,but not be limited to any campfire, ground fire, lantern, pun k, candle e stove, as la , warming fire, signal fire, charcoal fire, s , g , p smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in Designated Area specified for camping. 404.2 Smoking. No person shall smoke on District Lands, except in Designated Areas. SE CTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from vehicles, trailers, sinks,portable toilets, or other fixtures upon or into the ground or water. Violation of this sub-section is punishable as a misdemeanor. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. Violation of this sub-section is punishable as a misdemeanor. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth,rag, metal, wood,paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. Violation of this sub-section is punishable as a misdemeanor. 405.4 Defecation. No person shall defecate in Public View or within twenty-five (25) feet of a Designated Trail. Violation of this sub-section is punishable as a misdemeanor. 405.5 Urination. No person shall urinate in Public View. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. Page 8 i SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by an unlawful signing, fencin or enclosing, or an other unlawful means Yg g� Y , prevent or obstruct any person from peacefully entering any District Lands, or prevent or obstruct free passage or transit over or through any District Lands. Violation of this sub-section is punishable as a misdemeanor. 407.2 Interference With Use of District Lands. No person shall engage in behavior that unreasonably interferes with others in the normal, free and safe use of District Lands. Violation of this sub-section is punishable as a misdemeanor. 407.3 Noise. No person shall play or operate any sound amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands, without prior written permission. 407.4 Lawful Order. It is unlawful to willfully fail or refuse to comply with any lawful order, signal, or direction of any District peace officer when that peace officer is performing his/her duties under any of the provisions of this Ordinance, or other statute, code, Federal, State or local law, ordinance or regulation which the District peace officer is authorized to enforce. Violation of this sub-section is punishable as a misdemeanor. SECTION 408. ORGANIZED GROUP SPECIAL EVENTS AND ACTIVITIES. 408.1 Organized Group Special Events and Activities Defined. An Organized Group Special Event or Activity is any event or activity which: a) is advertised or noticed in any publication, poster, electronic posting or flyer; and b) requests or requires a fee be paid for participation; or c) may be attended by twenty (20) or more people. 408.2 Permits. No person shall hold, conduct, organize, or take part in any Special Event or Activity as defined in section 408.1. on District Lands without written permission. Violation of this sub-section is punishable as an infraction. Page 9 II a) Where such unpermitted Special Event or Activity causes direct physical harm to District Lands, or which is attended by forty (40) or more people, or which is conducted after official hours, then violation of this sub-section is punishable as a misdemeanor. 408.3 Individual Participation. No person shall participate in any Activity or Special Event on District Lands without written permission when the Activity or Special Event requires a written permit pursuant to this Ordinance. 408.4 Failure to comv w a 1 with permit. No person issued a permit under this section � shall violate the terms or conditions of the permit. 408.5 The District may deny a request for a permit when the General Manager or his/her designee finds that the requested Special Event or Activity or similar event will disrupt or unreasonably interfere with the normal use, operation, enjoyment or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. SECTION 409. MISCELLANEOUS ACTIVITIES. 409.1 Fireworks. No person shall possess, deposit, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, explosives, or explosive devices. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. Violation of this sub-section is punishable as a misdemeanor. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands or Water Areas of the District, except in Designated Areas, or by written permit. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in Designated Areas. Violation of this sub-section is punishable as a misdemeanor. 409.6 Skating Scooters Skate Boards and Other Coasting, Sleddiniz or Sliding Devices. 'No person shall roller skate, in-line skate, grass skate, grass ski, grass sled or operate a go cart, self propelled or motorized scooter, a self- propelled or motorized skate board, or similar device on District Lands Page 10 including off road versions of all the listed devices, except on trails or locations specifically designated for such use. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any: person,property, wildlife, natural features or which interferes with visitor activities. Violation of this sub-section is punishable as a misdemeanor. SECTION 410. ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area that has been declared by the General Manager or his/her designee or an authorized representative to be an area where alcohol use is prohibited. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. Violation of this sub- section is punishable as a misdemeanor. 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, sign, bulletin board, utility pole, lighting fixture, or other property on District Lands, without written permission. SECTION 412 NUDITY. No person shall expose any part of the pubic or anal region or genitalia while on District Lands in Public View. CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. RIDING /HIKING TRAILS. 500.1 Trail Use Speed Limit. All users of District Lands shall comply with all established trail use speed limits: The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. Page 11 500.2 One-way Trails. No person shall operate a bicycle or unicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. 500.4 Dangerous Trail Use. No person shall run or jog in such a way as to endanger hikers, equestrians, bicyclists or others using District Lands. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a Saddle or Pack Animal on. any trail, roadway or established firebreak designated or signed to restrict horse use. Saddle or pack animals must stay on Designated Trails roadways which are Designated Areas for such use, and established firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal, including the rider. No person shall allow his/her saddle or pack animal to stand unattended or insecurely tied. Violation of this sub-section is punishable as a misdemeanor. 501.3 Carts and Wagons. No person shall possess or operate a cart, wagon, or similar device attached to any animal on District Lands without a written permit. SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle,unicycle or similar device on District Lands on any trail or roadway designated or signed to restrict bicycle use. Bicycles,unicycles or similar devices must stay on designated trails and roadways. 502.2 Unsafe Operation. No person shall operate a bicycle or unicycle or similar device in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal including the rider. Violation of this sub-section is punishable as a misdemeanor. 502.3 Helmet Violations. a) No person eighteen years or older shall operate a bicycle or unicycle or similar device upon District Lands unless that person is wearing a properly fitted and fastened bicycle helmet. Such bicycle helmets must meet the standards of the United States Consumer Product Safety Commission Standard for bicycle helmets, American National Standards Institute (ANSI Page 12 Z 90.4 bicycle helmet standard), the Snell Memorial Foundation's Standard for ProtectiveHead ear for Use in Bicycling, or the America gn Society for tY Testing Materials (ASTM F-1447 standard). b) Except in designated parking areas, no person shall possess a bicycle or unicycle or similar device on District Lands without also possessing a bicycle helmet. Such bicycle helmets must meet the standards of the United States Consumer Product Safety Commission Standard for bicycle helmets, American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard). 502.4 Walk-Only Zones. No person shall ride a bicycle or unicycle or similar device on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. 502.5 Mechanical Operation. No person shall operate a bicycle,unicycle or similar device on District Lands that does not have properly functioning brakes, drive train, seat and steering. 502.6 Headsets and Earplugs. A person operating a bicycle, unicycle or similar device on District lands may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any person using a prosthetic device that aids the hard of hearing or any other medical device required to be worn for medical purposes. SECTION 503 CLIMBING 503.1 Climb In Designated Areas Only. No person shall climb or rappel on any rocks, boulders, caves, cliffs, any other geologic formations, or trees on District Lands except in Designated Area. 503.2 Placing Anchors Prohibited. No person shall place any permanent anchors or bolts in rock, soil, trees or other natural or manmade features on District Lands in a designated climbing area unless specific written authorization has been granted by the District in advance. Violation of this sub-section is punishable as a misdemeanor. 503.3 Possession of Tools. No person shall possess tools used for installing anchors, bolts or clearing vegetation from geologic formations, including but not limited to wire brushes, scrapers, drills, or rock hammers on District Lands. except in a designated parking area, or with written permission. Page 13 SECTION 504 TRESPASS ON DISTRICT LANDS: Trespass on District Lands is unlawful under Section 602 of the Penal Code. As defined in the Penal Code trespass includes, but is not limited to, destruction of property and unauthorized entry on to District Lands or private property. CHAPTER VI. PRESERVE USES - COMMERCIALfREVENUE SECTION 600. COMMERCIAL SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, ware merchandise liquids, edibles for human � goods, s otherwise peddle an , or othe � q p Yg consumption, or distribute commercial circulars,pamphlets, or flyers on District Lands except by written permission. Violation of this sub-section is punishable as a misdemeanor. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. Violation of this sub-section is punishable as a misdemeanor. SECTION 602. HARVESTING AND PLANTING. hall cultivate harvest or attempt to 602.1 General. No persons plant, P Plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. Violation of this sub-section is punishable as a misdemeanor. 602.2 Possession of Tools. No person shall possess equipment, tools or supplies for the cultivation or removal of plant life including,but not limited to shovels, rakes, hoes, garden hoses, irrigation equipment, fertilizer, herbicides, insecticides, or wheelbarrows on District Lands except in a designated parking area, or with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall conduct a filming operation involving the use of film equipment, lighting, props, or other similar materials, except for a single still, motion picture, video, digital or other camera, for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. Violation of this sub-section is punishable as a misdemeanor. Page 14 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING FISHING COLLECTING AND FEEDING. t' No person shall hunt pursue, molest disturb injure trap, snare 700.1 Hunting. p , p , J p, , take, net,poison, introduce, release or harm or attempt to hunt,pursue, molest, disturb injure trap, take net poison, introduce release or harm an mammal J p, ,p Y or bird, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any such animal, except by written permit. Violation of this sub- section is punishable as a misdemeanor. 700.2 Fishing. No person shall take, fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm any or attempt to take, fish for, net, molest, disturb, injure, poison, collect introduce, release or harm any fish, or remove, destroy, or in any manner disturb the natural habitat of any such animal, except by written permit in any District Water Area except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. 700.3 Carry or Possess Fishing Equipment. No person shall carry, possess, set, leave or deposit any fishing equipment or similar devices in, on, or into any portion of District Lands or District managed body of water. 700.4 Collecting Reptiles, Amphibians or Mollusks. No person shall take, fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm or attempt to take, fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm any reptiles, amphibians, or mollusks living or dead, or remove, destroy, or in any manner disturb the natural habitat of any such animal, except by written permit. 700.5 Collecting Insects. No person shall take, net, collect, introduce, release, poison or attempt to take,net, poison, collect, introduce, or release any insects of arthropods living or dead, or remove, destroy, or in any manner disturb the natural habitat of any such animal, except by written permit. 700.6 Feeding. No person shall feed any animal on District Lands or deposit any food, salt or edible material on any District Lands for that purpose without written permission. Page 15 SECTION 701. ANIMAL S. 701.1 Dogs. a No person shall have more than three dogs per person within areas where dogs are allowed on District Lands. b) No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: 1) guide and service dogs under physical control, specifically trained to assist the blind, deaf, or disabled, and wearing an identifying vest or tag; 2) guide and service dogs in training to assist the blind, deaf, or disabled, and under physical control, and participating in a training program, and wearing an identifying vest or tag. 3) use authorized by written permit. c) Leash Required. No person shall allow or have a dog on District Lands, unless the dog is at all times under control, and on a leash not to exceed 6 feet, or on a self-retracting leash with a maximum extended length of 25 feet. The leash must be held by person responsible for the dog and must be made of material and construction sufficient to restrain the dog. Electronic or other"invisible leashes" do not meet the leash requirement. The self- retracting leash must have the capability of being retracted and locked in a position not to exceed 6 feet. Within a designated area, no person shall have or allow a dog on a lead greater than 6 feet when: 1) Within 100 feet of any parking area, trailhead, picnic area, campground,horse stable, public roadway, restroom, visitor center, ranger station, or other place or structure of public assembly; 2) Within 50 feet of any person that is not the person or persons who entered District lands with the dog; or 3) Within 50 feet of any District Water Area. d) Off-Leash Areas. Dogs shall be permitted off leash only in areas specifically designated and signed by the District as off-leash areas. No person shall allow or have a dog in an off-leash area unless the dog is at all times under the verbal or radio collar control, and in sight of, its owner or person responsible for the dog. The owner or person responsible for the dog shall have a leash in his/her possession at all times. Page 16 e) Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to: growling, barking, attacking,biting, scratching,jumping on any person or animal, baring of teeth, or challenging in any manner, people, animals, or property. f) Dogs in Water Areas. No person responsible for a dog shall allow said dog to enter any District Water Area unless it is specifically designated to allow such entry. 701.2 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. Violation of this sub-section is punishable as a misdemeanor. 701.3 Horses and Livestock. No person shall keep, raise or allow cattle, horses, sheep, or other livestock on District Lands,unless pursuant to a lease, license, written permit, or other entitlement of use granted by the District. Violation of this sub-section is punishable as a misdemeanor. 701.4 Other Pets. No person shall allow or have any pet, domesticated animal, or other animal on District Lands, unless specifically permitted by another section of these regulations. 701.5 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if it poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.6 Abandoned Animals. No person shall abandon or release a dog, eat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. SECTION 702. NATURAL AND CULTURAL RESOURCES. 702.1 Plants. No person shall damage, injure, take, place,plant, collect, or remove any plant, fungi, tree, or portion thereof, whether living or dead, including, but not limited to flowers, lichens, mosses, mushrooms, bushes, trees, tree limbs, tree branches, vines, grass, cones, seeds, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of Page 17 lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, any earth, rocks, sand, gravel, fossils, minerals, features of caves, or any object or artifact of geological or paleontological,ical, interest located on Dist rict Lands. Violation of this sub- section is punishable as a misdemeanor. 702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take collect, or remove any object of, archeological, or historical interest located on District Lands. Violation of this sub-section is punishable as a misdemeanor. 702.5 Special Permission. Special written permission may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials solely for research, interpretive, educational, or operational purposes. SECTION 703. UNLAWFUL DEFACEMENT CONSTRUCTION AND MAINTENANCE. 703.1 Unlawful Defacement. No person shall cut, carve, deface, write, paint, mark, or alter any natural or biological feature, or any fence, wall, building, monument, or other property on District Lands. Violation of this sub-section is punishable as a misdemeanor. 703.2 Unlawful Construction. No person shall erect, construct, install, or place or attempt to erect, construct, install, or place any structure, building, shed, fence, trail, road, culvert, drainage structure, bridge,jump, ramp, barricade, trench, barrier, fortification or wall, equipment, material, sign,banner, or apparatus of any type or for any purpose constructed of native or imported materials on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. Flagging, surveying, and marking conducted for the purpose of constructing or installing such features, shall be considered an attempt to erect, construct, install or place such features, and is prohibited. Violation of this sub-section is punishable as a misdemeanor. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, spraying, grading, or moving of any soils on District Lands or perform any such grounds maintenance for any purpose except by written permission. Violation of this sub-section is punishable as a misdemeanor. 703.4 Possession Of Construction Or Maintenance Tools And Supplies. No person shall possess any tools used for construction or maintenance on District Lands, including but not limited to shovels, McCleods, Pulaskis, mattocks, rakes, Page 18 saws, axes, chainsaws, wood, hammers, nails, drills, saws, or similar equipment or supplies for the purpose of unlawful construction, maintenance or encroachment on District Lands except in a designated parking area, or with written permission.. CHAPTER VIIL DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. RESERVED FOR FUTURE USE SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: a) In areas where prohibited by"NO PARKING,"or other posted signs; b) On or obstructing any fire road; c) On or obstructing any trail; d) In such a place or manner as would block or obstruct any gate, entrance, or exit; e) In such a place or manner as to take up more than one marked parking space in any authorized parking area; f) In such a place or manner as to block or obstruct the free flow of traffic or to obstruct the ability to remove a parked vehicle; g) Within 15 feet of a fire hydrant; h) Adjacent to any curb painted red; i) On any District Lands after Official Hours as defined in Section 805.3 except pursuant to a written permit; j) In areas signed for permit parking on District Lands without a written permit; k) In any space designated for disabled parking in an unpaved parking lot, except when displaying a disabled placard as defined in California Vehicle Code, 1) In any other place on District Lands not designated by the District as an authorized area. SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES 802.1 General. No person shall operate,propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, all- terrain vehicles, off-road vehicles, mopeds, "dirt-bikes," and similar vehicles. Violation of this sub-section is punishable as a misdemeanor. 802.2 Exceptions. This section shall not apply to: Page 19 i a) emergency vehicles operated within the scope of official use; b) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; c) roads and parking areas open to the public for motor vehicle use during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle, motor vehicle, or bicycle on District Lands at a speed greater than the posted speed limit, or as otherwise specified in any District Ordinance, rule or regulation. No person shall drive or operate a vehicle or motor vehicle, ride a horse, or ride a bicycle at a speed greater than reasonable given weather, visibility, traffic, presence of other users, surface and width of the trail or road, or which may damage natural or cultural resources or wildlife. 803.2 Reckless Driving. No person shall drive or operate any vehicle, motor vehicle, bicycle upon District Lands in willful or wanton disregard for the safety of persons, property, natural resources or wildlife. Such conduct shall constitute reckless driving. Violation of this sub-section is punishable as a misdemeanor. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing on District Lands for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS AND CLOSURES. 805.1 Authority for Closures. To ensure the safety and health of persons, to protect natural resources, to provide for proper planning of District Lands, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands, the Board of Directors, General Manager or his/her designee or an authorized representative may declare an area, trail, road, or facility closed,prohibited, or limited to further entry by the general public. Page 20 805.2 Types of Closures a) Temporary or Regular Closures. District employees may make temporary or regular closures of a portion of District Lands to the general public for public safety, or to deal with an immediate or ongoing management need. The declaration may include such reasonable classes of persons who may enter, in the conduct of authorized activities or official duties, as the General Manager or his/her designee or an authorized representative may prescribe. No person shall, without written permission issued by the District, enter or remain in an area of District Lands or facility designated as a Temporary or Regular Closure area. b) Sensitive or Hazardous Area Closures. No person shall, without a written permit issued by the District, enter or remain in an area of District Lands or facility designated as a Sensitive or Hazardous Area, and declared closed,prohibited, or limited by the General Manager or his/her designee or an authorized agent. Sensitive areas may include those with cultural, historical or biological significance. Such designation may include, but is not limited to, specified areas of land, trails, geologic or cultural features, facilities or structures. Violation of this sub-section is punishable as a misdemeanor. 805.3 After Official Hours Use Prohibited. No person shall enter or remain on District Lands after"Official Hours,"which are defined as the period of one- half hour after official Sunset to one-half hour before official Sunrise the following day without a written permit. The times for Sunrise and Sunset shall be determined by the U.S. Naval Observatory's official postings for Los Altos, California. 805.4 Bicycle Operation After Hours. No person shall possess or operate a bicycle, unicycle, or similar device on District lands after Official Hours. 805.5 Posting of Closures. An area shall be considered closed when notice is posted at trailheads and gates officially designated and maintained by the District. 805.6 Failure to Vacate a Closed Area. Any person who fails to leave a Closed Area, when notified of the closure by a District staff member, or agent of the District, shall be guilty of a misdemeanor. Page 21 i 805.7 Off Trail Use. No person shall enter or remain in an area off of a designated trail, when they are on District Lands in an area or preserve that has been designated or signed to prohibit off trail use. Violation of this sub-section is punishable as a misdemeanor. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of any prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the General Manager or his/her designee or an authorized representative. SECTION 807. SCATTERING OF CREMATED REMAINS 807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter any cremated human or animal remains (cremains)without first having obtained a written permit from the District, and shall abide by the permit conditions which shall include, but not be limited to, the following conditions: a) The scattering of cremains is prohibited: within 1,000 feet of any residence or dwelling, within 500 feet of any creek, stream, or other body of water, or within 50 feet of any road or trail. b) Cremains must be scattered, must not be left in a pile, and must not be readily visible to the public. c) No containers for the cremains, identification tags, vases, flower pots, or other associated non-organic materials, or non-native plants, may be left at the site. d) No memorial, plaque, or other site marker may be left at the site. e) Any person scattering cremains on District lands shall possess and present a valid District permit when scattering cremains. f) The scattering of cremains for commercial purposes is prohibited. SECTION 808 AIRCRAFT & HELICOPTER OPERATIONS. 808.1 Except in the case of emergency or for search and rescue, or fire fighting or law enforcement operations no person shall land any aircraft including any airplane, helicopter, hot air balloon or any contrivance used or designed for flight in the air, excluding unpowered human flight as further authorized under these regulations, on District Lands except by written permit. SECTION 809 LITTERING. Littering or dumping on District Lands is prohibited by Section 374 of the Penal Code. i Page 22 '!HE CRIPPLED i CHILDREWS SOCIETY _ 4 of Santa Clara County Serving Crippled Children and Adult, of Santa Clara and San Benito Counties CYNTHIA J. SCHELCHER EXECUTIVE DIRECTOR March 27, 1984 Dave Hansen Coordinator Mid-Peninsula Regional -Open Space District 375 Distel Circle, Suite D-1 Los Altos, Ca 94022 Dear Mr. Hansen, The Crippled Children's Society would like to request the use of a portion of land bordering Camp Costanoan for the purpose of con- structing a riding ring. This is an 85' x 115' area directly bordering our upper campsite area, approximately 15 yards away. Enclosed is a map showing this area, as well as a description of plans and materials for the ring in the enclosed letter. The ring was designed by a landscape architect who is donating his services to us; a letter from him is enclosed. Our intention is to leave the land undisturbed; use of this area would require no grading or terracing. The fence covered with ivy and wood trellis and horse shelter are aesthetically in keeping with the natural envirozmnent, as are all our facilities at Camp Costanoan. We have found that this is truly the only feasible location for a riding ring after working closely with the county as well as the architect. As described in the architect's attached letter, this is a flat area with excellent drainage, making it an ideal site. We lease 16 acres of land from the county for Camp Costanoan at $1 per year. This is a 99 year agreement. We investigated with Rawleigh Young, Stevens Creek County Head Park Ranger, the possibility of using a certain portion of county land for the ring. This proved to be impossible due to a geographic fault running through the-land, which would jeopardize the structure. In addition, building here would almost certainly not be approved by our Board. We have received a donation of $1,000 for this purpose; we would, of course, bear all the expense, as well as build and maintain the ring, and the District would be named as an insured under our insurance policy. Remember the Crippled Children's Society of Santa Clara County in Your Will. 2851 PARK AVENUE • PHONE: 243-7861 • SANTA CLARA, CA. 95050 ----------- ------------- ---------- - he Crippled Children's Society is a private, non-profit organization and receives no federal, state, or United Way funds. Camp Costanoan has been in existence for 30 years, built from the ground up ]:j.r community volunteers. All of our buildings and areas continue to be maintained and sponsored by service clubs in the community. We serve physically and develop- mentally disabled children and adults, ages 5-90, primarily from this county. The camp is available for rental from local church and youth groups, schools, and community organizations when it is not in use. In summer and occasional year-round weekend sessions, we serve 1,200 individuals a year. The service and benefits to the community are immeasurable. Riding is one of the most therapeutic experiences,both physically and emotionally, that a disabled person can have. We have 4 horses; this sum*ter we will have 6, and our riding area and program at this time is very limited. The use of this riding ring will be made available to the general public for special populations and we plan to publicize it by advertising with flyers, mass mailings, and a newspaper article. We will do everything we can in cooperation with you t(5-maximize its' use. Timing is important for us, as we will need to complete this project by the beginning of May, in preparation for our summer program. As I have mentioned before, there is no alternative location. We need your support in order to make available an opportunity to a great number of people in our ccmmmity who do not have this type of opportunity accessible to them. We very eagerly request your support by a positive recommendation to your board. As discussed in our meeting, we would be happy to arrange a field trip day, for you to visit our Camp. Hope to hear from you soon! Sincerely, Christine Fessler Director, Recreation & Respite Services CF/lk enclosures - ----------- THE CRIPPLED r SOCIETY of Santa Clara County Serving Crippled Chi/-jren and Adults of Santa Clara and San Benito Counties CYNTHIA J. SCHEtCHER EXEC. ;vE CIAECTOR April 23, 1984 Larry Norris Santa Clara Parks and Recreation Dept. 299 Garden Hill Drive Los Gatos, CA 95030 Dear Mr. Norris, Camp Costanoan, which, as you know, serves 1,200 disabled children and adults per year on land leased from the County, is seeking approval from the Mid-Peninsula Open Space District to con- struct a riding ring on a portion of their land bordering our camp. They have asked me to explore all options; one of these involves land which purportedly has a ring and stable, known as the "Consigni" property, which I understand is o�:,ned by the County. I have spoken with Rawleigh Young, Stevens Creek County Par:: Supervising Ranger, who in- dicated that this land has been owned by the County for approximately 2 years and the .intent is to lease it commercially. As per the request of the Mid-Peninsula Open Space District, I am requesting that you in- vestigate this and advise me as to the possibility of use by Ca.*,jo Costanoan. This would involve continuous daily summer use by up to 100 children and adults per day and occasional weekend use (1-2/month ) year-round. We do have concerns with regard to the feasibility of transporting this number of campers on a continual daily basis, particularly with regards to the -fact that many of them are physically disabled. We do not have the funds to lease this property; we would need to be granted use on a no-fee basis. I would appreciate hearing from you as soon as possible, as we would need to build our ring in. May, in preparation for our summer program beginning June 3. We have the plans and a donation for con- struction, and are only awaiting approval from the raid-Peninsula Open • Space District. Please do what you can to look into this soon- thank you! Sincerely, Christine Fessler Director, Recreation & Respite Services CF/lk cc- Mary Gundert & Dave Hansen Remember the Crippled Children's Society of Santa Clara County in Your Will. 2851 PARK AVENUE • PHONE: 243-7861 • 5ANTA CLARA, CA. 95050 off 1!,P'*I,fll0j!ill 4!1 (I�I I I�I I�1�I��I I'�L!I,�i I I j I. � :G'V G1el�C1�i-' 'T1Z1�L1•�� \, i ' I'ei�t i�l ram- fed N� GSM I'� Ga��c1'ANa�},1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 Mav 2, 1984 Christine Fessler Crippled Children ' s Society 2851- Park Avenue Santa Clara, CA 95050 Dear Ms . Fessler: Upon -receipt of your Bette_ to Larr-,r Nor-r-J' s dated April 23, 1984 we realized that we should ou-"14r-e -the concerns of the District regarding your request to con struct an equestrian riding ring on the Picchetti Ranch Area. The following sLurimarizes your meeting of April 10 with Plary Gundert at Camp Costanoan :from our perspective. The primary concern of the District regarding your request questions the need for construction of a new equestrian riding r.Lna on the P--"cchetti :arch when an existing riding ring is located on the adjacent Count-, Park property. —Z - It seems impractical to construct a near riding ring on District' open space when an unused riding ring is located on adjacent County park land, only 1000 feet to the north of the proposed location, the County, of course, being the agency with which you currently have a lease. The existing riding ring on the former Consiany (now County) property appears to be in good condition and iseasily accessible from Camp Costanoan by existing trails. It is our un-derstanding this ring is not currently being used, although I also understand it is the County's intent to lease the stable and ring or. a commercial basis . Mary's suggestion to you on P-pril iC was to request use of the riding ring on the County Park, at least until such time as the County leases the stable area. Given the proximity of the existing County riding ring, and the fact that the proposed location straddles- a potential trail route, the District cannot consider construction of a new riding ring until the County acts on your request to use the existing ring_ In the event the County rejects your proposal on both an interim and/or long term basis, at that time you would need to submit construction plans which, accompanied by your request, would be referred to the District Board for analysis. -(I have attached the District's policy regarding Special Uses and identifying Herbert A.Grench,Generat manager Board of Directors:Katherine Outty,Nonette G.Hanko.Teena Henshaw,AichardS, Fkith =n,,. r- th- Y 1 the steps followed in reviewing requests of Special uses such as yours . ) The Board would then decide the chain of events, with a decision forthcoming in an estimated 4-6 weeks from the time of submittal . The main problem I foresee is the length of time needed for review of your proposal, given your need to have construction of the ring completed within the month of May. Since we cannot process your request until it is certain the County ring is out of the question, and adding 4-6 weeks for Board and possibly Com.-Littee review, it seems your best bet for this summer's program would be use of the County ring. A lesser alternative Lve would be to use the flat area proposed for a new riding ring temporarily as your riding area, but under no circumstances should construction occur without'.. Board approval . As I will. be out of town until May 21, please get back to Mary ary once you have heard from the County. on your request, or if you would like to discuss the possibility of using the flat area . for riding without the construction of any barriers . Very truly yours, David 11m. Hansen Land Manager DWH:jc cc: . Mary Gundert Herbert Grench Attach. j, U 4 THE • CRIPPLED CHILDREWS of Santa Clara County Serving Crippled Children and Adults of Santa Clara and San Benito Counties CYNTHIA J. SCHELCHER EXECUTIVE DIRECT:R May 22, 1984 David Hansen Land Manager _ Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Dear Mr. Hansen, The County has given permission to Camp Costanoan to use the riding ring located on the former Consigny property for a six-month period. However, after closely investigating the property and access with my staff, we will not be able to use the property for our program. The trail to the property is approxLmately 2000 yards and is not accessible for those in wheelchairs, as it is quite steep and badly rutted. We have no transportation available in order to use the access road, as our vans are constantly in use for our field trip program. The horses are used by 15-20 children and adults per hour for 6 hours each day. We need a riding area close to medical help (we have a live-in R.N.) should there be a problem, and, of course, an area that is accessible to our many physically dis- abled campers. We would very much like to use the Open Space District property this summer, as you suggested, without construction of a ring. I have dis- cussed this with Mary Gundert, who suggested that we may need a use permit; please consider this letter such a request. Also, in view of the fact that the county property and riding ring is inaccessible to us, we would like to formally request review by the District Board of our request for construction of a riding ring. Con- struction plans are enclosed. I understand that the review process may take from 4-6 weeks; the use of the area for riding will be of great benefit, and construction of a ring could take place anytime this summer. Please let me know if I can any additional information. P Y Sincerely, Christine Fessler Director of Respite p e and Recreation Remember theCrippled h 'C edCII dren s So i {pp c ety Sa to Clara County in Your Will. 2851 PARK AVENUE • PHONE: 24�-78 0 SANTA CLARA, CA. 95050 � i M-86-36 (Meeting 86-08 April 9, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I MEMORANDUM 'April 2, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods, Open Space Planner SUBJECT: Crippled Children's Society Agreement Recommendation: I recommend that you approve the attac hed shed lease allowing the Crippled Children's Society of Santa Clara County, Inc. to construct riding ;ring facilities o n a 9 or ion of the P'P t tcchetti Ranch Area of the Monte Bello Den Space reserve adjacent to Camp Costanoan and authorize sign it. the President to Introduction: At your July 25, 1984 Board Meeting you authorized. 9 Y a one year lease to the Crippled _ .Children's Society o� Santa Clara Co unty to utilize a portion of the Picchetti Ranch Area for a riding ring. (See Memorandum M-84-66 dat ed July 19, 1984 attached.) At that time you indicated an interest in entering into a more permanent lease with the Society to allow them to^6uild an u 1 Ize more substantial structures on this Preserve for the riding ring. The ring would be utilized for their therapeutic riding programs. You recently considered letter dated March 13, 1986 (attached) from the Society , regarding the proposed project and approved the attached response Discussion: The implementation of a longer term lease was dependent on staff completing the outside or Special Use Policies and the Board's adoption of these policies. While policies have been drafted in rough form, they are not yet refined enough for Board perusal. The Crippled Children's Society has been looking for other areas to run their program but have had little success and are now anxious to prepare for their summer program. .{ am recommending that we enter into a lease with the Crippled Children's Society now because they are willing to grant in return general public use of water and toilet fa�iliti�sy and a certain amount of public use of the ring itself. They are also flexible in allowing some changes or removal o t e aci i y i a trail route must pass tnrouan the area and they are willing to indemnify the District for any lability problem excert for negligence on e is District's part up to reasonsable 1l�i-.- ts' The ring construction appears to be compatible with District design standards , and •:,a are asking for design approval (see attached drawings) . A proposed lease agreement has been worked out between District and Society staff, was approved in form by District Legal Counsel , and approved by the Society's Board of Directors. I L I 10/26/2011 Stewart NA"oods & Associates Development Counsel Assessment Project Development Assessment 9 Evaluate and recommend development/fundraising scenarios that focus on stewardship of acquired lands MJd 0 Create a volunteer engagement/organizational design plan peninsula Regional Open • to guide initial efforts to build a development program,if Sace D such a program is desired istrict P October 26,2011 Stewart W—As&Ass.ciates Development Scenarios Observations on MROSD Development Build a development program at MROSD to raise money Challenges for land stewardship No Culture of Philanthropy at M ROSD No philanthropic champions for the District Create aseparatc foundation or friends group to raise May confuse conservation donors who support partner orgs money in support of MROSD Opportunities Havea right to build a coherent development program • Enhance the District's understanding of development;offer Can learn philanthropy by doing more support to partner development programs Champions can be cultivated,in time Prospectsare.interested in funding Stewardship &Asseaciasrs Stevrart'W.ols&Ass.ciao,� Findings Recommendations • MROSD is not yet ready to embark upon a development The District should not attempt to install a campaign-it can build requisite culture,expertise,tools development program unless it does so in concert and prospect pool to prepare for future with its partners • Prospective dot-tots and partner organizations need to see MROSD should work to raise money through the District undergo a strategic planning process that identifies and prioritizes key gift opportunities collaborations with partners •Conservationists and users of preserves would like to see Mt. Use a strategic planning process to identify,justify and Urnunhurn rehabilitated and opened to the public but are prioritize gift opportunities not sure of its priority over other projects Involve partners in strategic planning process • Land stewardship needs to be better understood as a gift Shape gift opportunities that address the needs and opportunity concerns of partners donors Si—art W-A&Asso6we& 5 So—a:-CkVoods K Ass.dates 1 O/2�/2011 Recommendations (Continued) Steps to Building a Development Program •Add value to the development programs of partners in Define organizational Structure;internal or external exchange for partner participation in raising money to program support the shared partner/District goals Create a strategic plan focused,in part,on development •Address how to engage the principles of development Build a strong culture of development;install system of as part of the strategic plan;be inclusive of all best practices stakeholders and collaborative with partners and Expand volunteer structure to include development donors volunteers • Build a stronger marketing program that encourages Learn development skills;train volunteers and staff support of land stewardship Collaborate with partner organizations Potential Approach to Development Balanced Approach o Clarity required(via strategic plan)on the financial •Create a transparent strategic plan;engage partners • balance between acquisition,stewardship and and potential donors in developing the plan environmental education • Engage in significant marketing and outreach; 0 Donors need to understand why the District spends culfivatee potential donors money on acquisition and/or stewardship •Make the case that funds need to be raised *Environmental Education can be used to train donors • Build a strategic development program only if the of importance of balanced approach partners are unwilling or unable to help raise money 9 Create gift opportunities that assure necessary funding for the District's gift opportunities for each priority;track and report usage of funds St,w—t W,,.ds&ks,o-fates Broaden Engagement Mt. Umunhum *Significant constituent support for MROSD,in general, •Conduct focus groups to understand the opinions of and for the rehabilitation of Mt. Urn;constituent prospects and donors support does not equal development support • Donors are already good friends of the District;many *The immediate opportunity to raise funds for Mt.Um have specific interests is likely in the$2 million range;not sio million to$i5 • It's not who the District is Currently speaking with;it's million who the District isn't speaking with that matters *Cobbling together funding from several sources might be useful,but don't count on significant development revenue for several years L `Stewart woad,&As—oat- St—art'Noods 2 10/26/2011 Stewart Woods &Associates Develqmnf Counsel Immediate Development Actions * Designate a part time development staff to coordinate development activities with partners 9 Create a better development database and gift tracking Questions? system 0 Host cultivation events * Focus on a major gift strategy e Build development champions for MROSD;have them contribute and help the District raise money 3 i Midpeninsula Regional Open Space District R-11-105 Meeting 11-29 October 26, 2011 AGENDA ITEM 5 AGENDA ITEM Authorization to Execute Amendment to Communications Site Lease and Access License with C&C Equipment Company, Inc. (C&C) to change the Lease Term GENERAL MANAGER'S RECOMMENDATION 1. Authorize the General Manager to execute an amendment to the Communications Site Lease and Access License with C&C to change the lease term. SUMMARY C&C is seeking approval from the District to amend their Communications Site Lease and Access License to alter their existing lease term as outlined in the table below to: Initial Term Additional Total Years Term O tions Existing Lease 10-year one 10-year 25 years Term one 5-year Proposed Lease 5-year four 5-year 25 years Term The existing lease term was included in the original 25 year lease to coincide with the National Park Service/Golden Gate National Recreation Area's (NPS/GGNRA) 20 year sublease with C&C for their new tower located at the C&C Communications Facility at Black Mountain. After approaching NPS/GGNRA with this proposed change, NPS/GGNRA is in agreement to change the existing lease term to the proposed lease term indicated above. DISCUSSION Since October 1990, C&C has been an excellent communications lessee at Black Mountain and cooperative in housing the District's radio system at no rental cost to the District (Board Report R-90-113). At its August 12, 2009 Board meeting, the Board approved a new 25 year Communications Site Lease and Access License with C&C (Board Report R-09-86). The existing lease term was as follows: i R-11-105 Page 2 Initial Term Additional Total Years Term Options Existing Lease 10-year one 10-year 25 years Term one 5-year This lease term was structured this way to coincide with NPS/GGNRA's sublease with C&C which included the installation of a new tower for NPS/GGNRA's communication radio system. As part of this lease arrangement with C&C and NPS/GGNRA, the District would install new antennas on the new tower and equipment cabinets in the C&C building as the hub of the District's new radio communication system at no rental cost to the District. Additionally, the District signed an Estoppel Certificate at the time C&C and NPS/GGNRA entered into the sublease, which warranted C&C's status as a lessee in good standing with the necessary authority to sublease. The Estoppel Certificate also confirmed that in the event C&C vacates the facility prior to the lease termination date,the District would continue management of the C&C Communication Facility until a new master lessee is authorized by the Board. C&C has requested that the District and NPS/GGNRA change the lease term options from ten years to five years with a maximum term continuing to be 25 years to be consistent with the District's standard communication lease agreements with all communication tenants at Black Mountain, Russian Ridge and Pulgas Ridge Open Space Preserves as shown in the table below: Initial Term Additional Total Years Term Options Proposed Lease 5-year four 5-year 25 years Term NPS/GGNRA has agreed to the proposed changes to the lease term even though it would not coincide with its sublease. C&C continues to be very cooperative Lessee with the District. The current District-wide Radio System is housed at C&C's Communication Facility, and C&C is currently working with the Y Y� Y g District's Operation's Department to install the next generation of the District's Radio System in their north building at no cost to the District. Staff is proposing the District amend the lease to reflect the proposed changes to the lease term as noted above and that the attached Amendment to Communications Site Lease and Access License with C&C be approved. CEQA COMPLIANCE The activity authorized is not a project for purposes of the California Environmental Quality Act (Guidelines Section 15378)because the proposed change to the Lease and option terms does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. R-11-105 Page 3 TERMS AND CONDITIONS Staff is proposing the District amend the lease to reflect the proposed changes to the lease term as set forth in the table below. Initial Term Additional Total Years Terrn O tions Existing Lease 10-year one 10-year 25 years Term one 5-year Proposed Lease 5-year four 5-year 25 years i Term BUDGET CONSIDERATIONS There are no costs associated with entering into the Amendment to Communications Site Lease and Access License with C&C. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. NEXT STEPS If the Amendment to Communications Site Lease and Access License with C&C is approved by the Board of Directors, staff will notify C&C of the Board's approval of this item. Attachments: 1. Amendment to Communications Site Lease and Access License Prepared by: Elaina Cuzick, Real Property Specialist Contact person: Elaina Cuzick, Real Property Specialist I 'll' FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AND ACCESS LICENSE This First Amendment to Communications Site Lease and Access License("First Amendment")is entered into as of 2011 ("Effective Date")between Midpeninsula Regional Open Space District("District"), a California special district("Landlord")and C&C Equipment Company, Inc. ("Lessee"). RECITALS A. Landlord and Lessee desire to now amend said Lease to modify the Lease term,as more specifically described herein. NOW THEREFORE, for good and valuable consideration received, Landlord and Lessee agree as follows: 1. Term. Section 2a is hereby deleted and shall be replaced with the following: Initial Term. The term of this Lease shall commence on September 1,2009 and shall expire five(5)years thereafter,unless sooner terminated in accordance with the provisions hereof, or unless extended pursuant to an option to extend the Lease term expressly granted herein. The first sentence of Section 2b is hereby deleted and shall be replaced with the following: Options to Extend Term. District hereby grants to Lessee options("Option")to extend the term of this Lease for four(4)additional periods of five(5)years each upon expiration of the proceeding term so that the maximum term of this Lease, including the initial five(5)years of this Lease, shall be for a total of twenty-five(25)years. 2. No Additional Modification. Except as specifically set forth herein,the Lease shall remain unmodified. l I LANDLORD and LESSEE,by their execution below, indicate their consent to the terms of this Amendment. C&C Equipment Company,Inc. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Gayle Corbin,President APPROVED AND ACCEPTED: I Date: By: Stephen E. Abbors, General Manager i Date: ATTEST: By Michelle Radcliffe,District Clerk APPROVED AS TO FORM: By: Susan M. Schectman, General Counsel i 2 i ' ( Midpeninsula Regional Open Space District i R-11-102 Meeting 11-29 October 26, 2011 i AGENDA ITEM 6 AGENDA ITEM Funding presentations from Bob Woods, Bryan Godbe and District Staff LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITEE'S RECOMMENDATION Receive presentations from Bryan Godbe, Bob Woods and District staff on funding and fundraising. i SUMMARY The Legislative, Funding and Public Affairs Committee(LFPAC)has received presentations from pollster Bryan Godbe, fundraising expert Bob Woods and District staff regarding questions concerning funding and fundraising which the full Board should hear because the information will, among other things, inform the implementation of part of the recently passed strategic plan. DISCUSSION 1 1 2011 m t the Board LFPAC reported on the results of research staff had In its July 5 memo 0 Y P undertaken at the direction of the Committee to see if it might be feasible for the District to carry out a potential funding measure during the November, 2012 presidential election. As the Board will recall, staff s analysis led the Committee to conclude that November 2012 would be premature for such a measure. The Committee had asked staff to conduct this research after local pollster Bryan Godbe met with LFPAC to review the results of his recent survey which had shown relatively high levels of support for a potential funding measure and which had given rise to the hope that such a measure may have a good chance of passing if placed on the November 2012 general election ballot when voter turnout is expected to be high. Even if November 2012 is not an appropriate date for an electron,however,both the District staff report and the polling report compiled by Bryan Godbe are nevertheless important for the full Board to consider especially since LFPAC remains enthusiastic about a funding measure at I _l R-11-102 Page 2 another time, such as 2014, when, in our view, an election will likely have a better chance of success because the District will by then have had more time to gear up for this effort and will have spent more time on the critical preliminary legwork necessary to win an election. LFPAC would like the full Board to also hear Bob Woods provide a summary of the report drafted by Stewart Woods &Associates, local experts in fundraising for land conservation, to assess the District's capacity to raise funds for land stewardship in general and the Mount Umunhum project in particular. His assessment was primarily based on a series of 43 interviews conducted with District Staff, Board,partners, Mount Umunhum stakeholders, and potential donors. Bob Woods' report will summarize and interpret feedback given by interviewees around the topic of raising funds through private philanthropy and donations for land stewardship. FISCAL IMPACT There are no unbudgeted fiscal impacts with this report. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act(CEQA). NEXT STEPS The information presented will be integrated into the strategic plan that staff is currently preparing for the Board's approval, and incorporated into further funding measure analyses. Prepared by: Rudy Jurgensen, Public Affairs Manager Contact person: Steve Abbors, General Manager s Mid pen insula Regional Open Space District s i To: Board of Directors From: Stephen E. Abbors Date: October 21, 2011 Re: FYIs ail Rgio Open Space Midpeninsula Diste rictnal Memo ran d u m DATE: October 14,2011 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: David Sanguinetti, Operations Manager PREPARED BY: Joel Silverman,Resource Specialist I SUBJECT: Pulgas Ridge 2011 Tree Removal As part of the Pulgas Ridge Restoration Plan (1994), four eucalyptus trees are scheduled for removal along the Hassler Trail in Pulgas Ridge Open Space Preserve between mid November and early December of 2011 along the Hassler Trail. The tree removal has been approved by San Mateo County under the current 2009-2011 permit and completes the removal of all 17 trees allowed under the permit. In order to complete the twenty year Pulgas Ridge Restoration Plan, one final permit application for 12 additional trees will be submitted to San Mateo County and the removal work will be completed in phases between 2012 and 2014. A Re-vegetation Plan is being implemented under the current 2009-11 permit including the planting of oaks, madrone, and native grass seed. As part of the 2012-14 permit, an additional Re-vegetation Plan will be implemented to restore the new eucalyptus removal sites within one year of the final tree removal using the same palette of native plants. All re-vegetation work is in accord with San Mateo County tree removal permit conditions and District standards. The District will also file another CEQA Notice of Exemption (maintenance section) with San Mateo County for the 2012-14 tree removals. Another FYI will be sent to the District Board of Directors each year under the final permit (2012-14) several weeks before the actual tree removal takes place, as directed by the Operations Manager and in accord with previous Board decisions (R-08-132, Meeting 08-28, December 10, 2008). Staff Contact: Joel Silverman