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20130123 - Agenda Packet - Board of Directors (BOD) - 13-03
Midpeninsula Regional Open Space District Meeting 13-03 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle,Los Altos,CA 94022 Wednesday,January 23, 2013 REGULAR MEETING BEGINS AT 5:00 P.m.* AGENDA 5:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— CLOSED SESSION ROLL CALL I CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION--Government Code§54957 (b)(1) Title of Employees:General Manager,General Counsel,and District Controller 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— OPEN SESSION REPORT ON RETURN FROM CLOSED SESSION(IF NECESSARY)(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA 7:05 CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings—December 19,2012 2. Approve Revised Claims Report 3. Approve Written Communications—Montevina Homeowners' Association 4. Approval of a Right of Entry to the California Department of Transportation for the construction of safety improvements along Highway 9 west of the City of Saratoga at the Saratoga Gap Open Space Preserve(Portion of Santa Clara County Assessor's Parcel Numbers 50342-028)and consideration of the Environmental Impact Report certified by the California Department of Transportation--A. Ishibashi 7:20 BOARD BUSINESS 5. Approve the proposed purchase of the Lobner Trust Property as an addition to Monte Bello Open Space Preserve,located at 18000 Stevens Canyon Road in unincorporated Santa Clara County(Assessor's Parcel Number 351-13-018);Adopt the Preliminary Use and Management Plan for the Property;and Approve a categorical exemption in accordance with the California Environmental Quality Act—M.Williams 6. Appointment of Standing Committee Members for Calendar Year 2013—J.Cyr 7:20 BOARD BUSINESS(CONTINUED) 7. Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2013—J.Cyr INFORMATIONAL REPORTS—Reports on compensable meetings attended.Brief reports or announcements concerning activities of District Directors and staff;opportunity to refer public or Board questions to staff for factual information;request staff to report back to the Board on a matter at a future meeting;or direct staff to place a matter on a future agenda, A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed Agenda is subject to change of order. TO ADDRESS THE BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion.Board members, the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the MROSD Board of Directors was posted and available for review on January 18,2013,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. The agenda is also available on the District's web site at http://www.openspace.org. Signed this 18'day of January,at Los Altos,California. District Clerk January 18,2013 / | �u - Claims No. 13-02 K8eaUnW 13'03 Date 1/23/13 Midpenins0|a Regional Open Space District # Amount Name Description | 19275 *13.500.00 °1 Old Republic Title Company Lund Acqu|m|Uun-LobnerPuohame 19276 $11.660.00 The Creative Group Temporary Media Communication Specialist 13277 $9.385.00 California Conservation Corps French Broom &Weed Removal Various Locations | 19270 *3.u9*.62 °2 First National �one|�unk Field |i /G |i m ForTnai|�amn /Binoculars �/�aqne � For Sign eounda/Flares/S /Tonls&Tnv|Parts/ � Fencing Supplies For Pulgas Ridge RestorationProject/Gates For ECDM Staging Area&Madonna Creek � 19279 *3.95227 °2 First National Bank EvomSupp[ao&Expenemo-CatehngFo Staff Year End Pa Celebration/Supplies For Room To Breathe Book Release Event � 19280 $2.400.00 ## Woodside PoMo|aPatrol Patrol Services'Hawthorn Property � 19281 *1.950,00 Restoration Design Group Site Planning Services For Mt. Umunhum 19282 $1.760.00 Ideal Restoration Biohazard Rommd)mUon Services'Rental Residence � � 19203 $1.438.91 CMKAummntiva Vehicle Maintenance&Repairs � 19284 $1.372.73 Group Delphi New Signboards For Ravenswood Open Space Preserve 19285 $1.2/1.60 °2 First National Bank Computer,VVebo|be&Internet Expenmms' VVi-F|For GM!Pad / Web Hosting Service/Batteries&Stand For Notebook � Computers/Web Development Services/Computer Memory � 19208 $1,219.15 .o First National Bank Volunteer&Docent Events&8 Volunteer Recognition � Event Raffles&Supplies I Snacks For Quarterly Volunteer& Docent Meeting—~I Supplies — — — Projects � Contemporary Engraving For Volunteer Recognition Evert Awards 19287 $1.003.87 °o First National Bank Business Related Meals'Board Meetings/Closed Semo|uno/ | GM Meetings/Lunch For Interview Panel For Training&Safety � Specialist/Vision Plan Lunch Meeting For Planning&Public � Affairs Department/Food Fur Managers Retreat � 19288 $962.71 ~2 First National Bank Office Supplies/Breakroom Supplies I Tire Replacement For � Dolly/Desk Scanner For HR/Ink For Postage Meter/Master ! � Switch For GFO � � 19289 *813-91 Hsieh, Benny Reimbursement'Docking Stations/Office&BmmkmomSupplies � /Printer/Call Phone Reimbursement � | � 1e2e0 $69e�27 °a First National Bank Advertising,Subscriptions&Books'Newspaper SubscriptionsTo / � Track News Articles About MROSo/CEuAoeoxbovkFor � Planning/Noloo California Landlord Bundle Book&Avoiding � Traps For The Unwary Book For Legal Department � 19291 $668.86 Summit Uniforms Uniform Expenses 19282 *$39 VO °% First N�Unnm| Bank Conferences m Training Ex,—_ ��� ) On State Of ' � . _ ...._ California Poord Program/Fundamentals Of Construction Contracts Conference For Planning/More Than A Message Planning Campaigns For Measurable Results Workshop For � Pub|icpffo}m � � / 19293 $573.00 San Mateo County Planning&Building Permit Fee'Ancient Oak Trail � Department 19294 $554.83 San Jose Water Company WaterSewice-RSA � 18295 *4VOVV State Californiaamru|�*emi�no<pbmooRonewa| / � � &oomo � 1e286 $326y1 ^2 First National Bank Uniform Expenses 19297 $294.40 California Chamber Of Commerce oV13 California Labor Law Digest&Employer Posters 19298 $228.00 Shelton Roofing Company Rnn[Repair-Ronto|Roeidonoe | | 13299 *164.60 KwN Key Lock&Safe Company Lock&Key Services'Replacement Key For AVFile Cebinma Long Ridge Conference Room � 19300 $151.27 ^2 First National Bank Vehicle Maintenance&Supplies � 19301 $123UO ^2 First �|ocaU�nuous�xpnnumw Recording ��|/ Redwood � � � ' . " � Park Parcel/Notice Of Exemption Filing Fee For PO8TTom � Ranch Property/Ovedimit Fees For Credit Card � � 18302 $117.50 Ace Fire Equipment&Service Annual Maintenance[f Fire Extinguishers ForAO&District � Company Vehicles � | � 19303 $114.57 Mission Trail Waste Systems Garbage Service-8O | Page,mo � | Claims No. 13-02 Meeting 13-03 Date 1/23/13 Midpeninsula Regional Open Space District # Amount Name Description 19304 $113.58 ARC Digital Imaging Map&Mounting Services For Public Affairs Office 19305 $109.00 Coastal Sierra Internet Service-SFO 19306 $91.80 West Payment Center Monthly Information Charges&Subscription 19307 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 19308 $60.63 Protection One Fire Inspection&Monitoring-AD 19309 $34.14 California Water Service Company Water Service-Windy Hill 19310 $26.25 Rayne Of San Jose Water Service-Fremont Older 19311 $24.90 United Parcel Service Parcel Shipping 19312 $4.51 *2 First National Bank Rental Residence Expenses-Keys For Folger House Total $60,675.99 *1 Urgent check Issued 1/17/13 *2 Urgent check issued 1/8/13 The total amount for First National Bank is$12,74518 ## Hawthorn Page 2 of 2 Claims No. 13-02 Meeting 13-03 Date 1/23/13 Revised Midpeninsula Regional Open Space District # Amount Name Description 19275 $13,500.00 *1 Old Republic Title Company Land Acquisition-Lobner Purchase 19276 $11,660.00 The Creative Group Temporary Media Communication Specialist 19277 $9,385.00 California Conservation Corps French Broom&Weed Removal-Various Locations 19278 $3,394.62 *2 First National Bank Field Supplies/Supplies For Trail Camera/Binoculars Magnets For Sign Boards/Flares/Safety Glasses/Tools&Tool Parts/ Fencing Supplies For Pulgas Ridge Restoration Project/Gates For ECDM Staging Area&Madonna Creek 19279 $2,952,27 *2 First National Bank Event Supplies&Expenses-Catering For Staff Year End Party Celebration/Supplies For Room To Breathe Book Release Event 19280 $2,400.00 # Woodside Portola Patrol Patrol Services-Hawthorn Property 19281 $1,950.00 Restoration Design Group Site Planning Services For Mt.Umunhum 19282 $1,760.00 Ideal Restoration Biohazard Remediation Services-Rental Residence 19283 $1,436.91 CMK Automotive Vehicle Maintenance&Repairs 19284 $1,372.73 Group Delphi New Signboards For Ravenswood Open Space Preserve 19285 $1,271.60 *2 First National Bank Computer,Website&Internet Expenses- Wi-Fi For GM iPad Web Hosting Service/Batteries&Stand For Notebook Computers/Web Development Services/Computer Memory 19286 $1,219.15 *2 First National Bank Volunteer&Docent Events&Supplies-Volunteer Recognition Event Raffles&Supplies/Snacks For Quarterly Volunteer& Docent Meeting/Supplies For Outdoor Service Projects/ Contemporary Engraving For Volunteer Recognition Event Awards 19287 $1,003.87 *2 First National Bank Business Related Meals-Board Meetings/Closed Sessions/ GM Meetings/Lunch For Interview Panel For Training&Safety Specialist/Vision Plan Lunch Meeting For Planning&Public Affairs Department/Food For Managers Retreat 19288 $962.71 *2 First National Bank Office Supplies/Breakroom Supplies/Tire Replacement For Dolly/Desk Scanner For HR/Ink For Postage Meter/Master Switch For SFO 19289 $813.91 Hsieh, Benny Reimbursement-Docking Stations/Office&Breakroom Supplies /Printer/Cell Phone Reimbursement 19290 $696.27 *2 First National Bank Advertising,Subscriptions&Books-Newspaper Subscriptions To Track News Articles About MROSD/CEQA Deskbook For Planning/Nolos California Landlord Bundle Book&Avoiding Traps For The Unwary Book For Legal Department 19291 $666.96 Summit Uniforms Uniform Expenses 19292 $639.00 *2 First National Bank Conferences&Training Expenses-Webminar On State Of California Pcard Program/Fundamentals Of Construction Contracts Conference For Planning/More Than A Message Planning Campaigns For Measurable Results Workshop For Public Affairs 19293 $573.00 San Mateo County Planning&Building Permit Fee-Ancient Oak Trail Department 19294 $554.93 San Jose Water Company Water Service-RSA 19295 $400.00 State Of California Department Of Fish California Natural Diversity Database Renewal &Game 19296 $326.91 *2 First National Bank Uniform Expenses 19297 $294.40 California Chamber Of Commerce 2013 California Labor Law Digest&Employer Posters 19298 $228.00 Shelton Roofing Company Roof Repair-Rental Residence 19299 $164.60 Kwik Key Lock&Safe Company Lock&Key Services-Replacement Key For AO File Cabinet& Long Ridge Conference Room 19300 $151.27 *2 First National Bank Vehicle Maintenance&Supplies 19301 $123,00 *2 First National Bank Miscellaneous Expenses-Recording Fee For Walley Redwood Park Parcel/Notice Of Exemption Filing Fee For POST Toto Ranch Property/Overlimit Fees For Credit Card 19302 $117.50 Ace Fire Equipment&Service Annual Maintenance Of Fire Extinguishers For AO&District Company Vehicles 19303 $114.57 Mission Trail Waste Systems Garbage Service-AO Page 1 of 3 Claims No. 13-02 Meeting 13-03 Date 1/23/13 Revised Midpeninsula Regional Open Space District # Amount Name Description 19304 $113.58 ARC Digital Imaging Map&Mounting Services For Public Affairs Office 19305 $109.00 Coastal Sierra Internet Service-SFO 19306 $91.80 West Payment Center Monthly Information Charges&Subscription 19307 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 19308 $60.63 Protection One Fire Inspection&Monitoring-AO 19309 $34.14 California Water Service Company Water Service-Windy Hill 19310 $26.25 Rayne Of San Jose Water Service-Fremont Older 19311 $24.90 United Parcel Service Parcel Shipping 19312 $4.51 *2 First National Bank Rental Residence Expenses-Keys For Folger House 19313 R $436,500.00 ## Old Republic Title Company Land Acquisition-Lobner Purchase 19314 R $18,932.78 Accountemps Temporary Accounting Specialist For Implementation Of IAFS Accounting Temp 19315 R $3,762.70 Shute,Mihaly&Weinberger Legal Services For Proposed Ridge Vineyards Land Exchange 19316 R $3,225.00 Schafer Consulting Consulting Services-Integrated Accounting&Financial Software Implementation Support 19317 R $2,324.95 Callander Associates Landscape Landscape Architectural Services-Ravenswood Bay Trail Project Architecture 19318 R $2,203.58 Sol's Mobile Service Vehicle Maintenance&Repairs 19319 R $2,032.63 San Mateo County-Information Rent For Radio Repeater At Pise Peak Services Department 19320 R $1,942.72 California Work Trucks Lumber Rack&Side Lights For Maintenance Truck 19321 R $1,760.00 The Creative Group Temporary Media Communications Specialist 19322 R $1,395.00 Examinetics Audiogram Testing&Hearing Conservation Training 19323 R $1,113.57 Tires On The Go Tires 19324 R $1,043.34 Priority 1 Installation Of Light Bar In Patrol Truck/Removal Of Code 3 Equipment 19325 R $1,000.00 California Pension Group Public Pension Consulting Services 19326 R $935.63 CMK Automotive Vehicle Maintenance&Repairs 19327 R $875.54 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum 19328 R $617.02 Foster Brothers Restock Of Locks&Supplies For FFO Shop 19329 R $600.00 Socialmenturn On-Line Public Participation Tool For The Bay Trail Project 19330 R $520.65 Safety Kleen Solvent Tank Service-SFO&FFO 19331 R $480.00 Santa Clara County-Cities Managers' Annual Membership Dues/Holiday Luncheon Association 19332 R $301.89 Interstate Traffic Control Products Supplies For Parking Lot Restripe-AO 19333 R $258.77 *3 Wex Bank Fuel 19334 R $257.82 California Water Service Company Water Service-FFO 19335 R $207.85 Peterson Tractor Company Tractor Supplies-Rear Protector 19336 R $198.16 Green Waste Garbage Service-SFO 19337 R $174.91 RV Cloud Company Tools For SFO,Shop 19338 R $133.98 Maune, Lanor Reimbursement-Mileage 19339 R $1128.00 Palo Alto Medical Foundation Employee Medical Services 19340 R $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 19341 R $75.67 Ace Fire Equipment Brackets For Fire Extinguishers 19342 R $73.84 Hapke,Alexander Reimbursement-Uniform Expenses 19343 R $71.64 Gardenland Power Equipment Battery For SFO Generator 19344 R $66.61 O'Reilly Auto Parts Shop Supplies-FFO 19345 R $42.20 Barron Park Supply Supplies To Repair SFO Restrooms 19346 R $35.24 Langley Hill Quarry Rock For Driveway Repairs-Rental Residence Page 2 of 3 ICI r- Claims No. 13-02 Meeting 13-03 Date 1/23/13 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $544,045.68 *1 Urgent check issued 1/17/13 *2 Urgent check issued 1/8/13 The total amount for First National Bank is$12,745.18 *3 Urgent check issued 1/18/13 # Hawthorn expenses ## In the event agenda item is not approved,this claim will not be processed Ii Page 3 of 3 r Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: January 23, 2013 Re: Written Communications Jeff Escallier 19581 Montevina Dr. Los Gatos, Ca. 950333 310 686-7555 Jeff reyescallier(LDgmaii.com 12/6/12 Board of Directors DEC 0 20112 El Sereno Open Space Preserve 330 Distal Circle Los Altos, Ca. 94022 Dear Members of the Board; My name is Jeff Escallier, and I have been chosen by The Montevina Homeowners Association, and The Citizens Group of BohIman rd, to represent them on thier behalf concerning their proposal to change the current ruling of "no dogs allowed" on the El Sereno Open Space Preserve. It is their collective desire to amend the rules to allow dogs on a leash for the trails that start on both Bohlman road, and Montevina road. The way the space is set up now, dogs are only allowed on the Overlook Trail area. The reasons for the change are as followed; The existing rules severely restrict the use and enjoyment of the preserve by the people who use the space the most; those that live on the roads and those that live in the nearby areas. The people feel that by allowing dogs on the lower trail but not on the trails near their home unfairly and arbitrarily restricts them, but not others, who use the same preserve. Several of the members cannot or will not use the preserve without be accompanied by their digs for safety reasons. They feel that their dogs provide protection from predators of the both the animal and human variety. Coyotes and mountain lions are of particular concern, but many members have been concerned about unsavory characters that they have encountered while alone on the remote trials. This is has become a very real concern after the raid and subsequent shooting that occurred on an illegal marijuana farm a few years ago. Again, allowing only the Overlook Trail users the protection afforded by their dogs, is viewed by many members as a lack of concern by the Board for those residents living along the upper trails. The members feel that through their tax money, that they ultimately pay for the use and maintenance of the all the preserves yet are not permitted the same freedom of use simply due to their location. This same proposal was made to the board in 2008 by some residents from the Bohlman Road side, along with a signed petition and letters from some of the members of the Group. At that time the Board would not consider putting this matter on the agenda, citing cost, staffing, manpower issues and what they deemed was a low priority. They did promise to address the issue in the fall of 2010 and notify the Group of their progress. To date that promise, I do not believe, has been fulfilled. Concerning the cost issue brought up by the Board, the members of both groups, along with myself find it hard to believe that the Board found funds to implement the rule, but cannot seem to find the money to change it back. Their letter noted a law that required the Board to schedule a meeting to discuss the proposed change if it were to occur, and to notify the residents of the surrounding area. What interested a lot of the long term residents of the area about this law, was the fact that no one can seem to remember ever being notified about the initial implementation of the "no dogs allowed rule". Concerning the, staffing, manpower issues, and low priority of the request, the members of both groups feel that 3 years and counting was more than enough time to solve these problems. What we are asking of the Board this time is a timely response to our proposal, and if not approved, we would like to know specifically why it was denied. We believe that any cost or manpower issues can be overcome, and we would also like to have this matter be put on the agenda at an upcoming meeting, so the members can voice their wishes and concerns to the Board members directly. Most importantly we want this matter resolved, and we will work with the Board in any way to make it happen Please find enclosed the following items; 5 separate packets containing A copy of a petition we have circulated over the past few months. Please note the number of signatures received and the overwhelming public support for this proposal, not only from the local residents, but also from the surrounding cities, and even from out of state. Copies of letters, both recent, and ones that have already been sent to the Board, from selected members voicing support for the proposal. Past correspondence between the Board and the Citizens Group concerning the original proposal in 2008. A map showing the El Sereno Open Space, the existing trails and the location of both roads and entrances mentioned above. Thank you. Sincerely Jeffrey Escallier EL SERENO OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT VILLA Legend � ' __" - f 0TAlVTAIV - MOO NOhCe: Private roads are ARBM M not open to public Use. if t f Permit Parking v7U�RT MIDGE Parking by permit only.To obtain i (SANTA'CLARACgUNTY) , a permit,contact the District office lu{u } Roadside Parking ook Trail at(650)691-1200. _ > Gate 1.2 j �; rt i' 1.0 Trail Distance in Mile! Trail Connection Through Private Land Creek $ max[ :. i . 1 �•-, l � Other Public Lands 0.3 1.S \ 1 I Wgtc l;, q�fl ae•[ �/ ) f No Public Entry d as ( i Sere ) J ^\ ✓ f 0.5 1.3 t1n0 {, - 1` ,, \�__� •as ,` ,fin Y i l fal Trail Use 0.2 Hiking,Bicycling 1.3 Mq1 �\ \ SANBQR�1 SKYLINE 17 Hiking,Bicycling, _ - gel.; Equestrian ,.C00 NTv-PARK ` "a Roa y ST. = ! 10SEPH' x. HILL Dogs on leash t O.S;P. Permitted Only on Designated Trails It tExIN ON J o1R N 01 PAR 0.0 .1 .2 .3 .4 .5 b .7 .tl 9 1.0 12/10 One Mile 'etition to Midpeninsula Open Space Preserve **big petition is to request a change in policy permitting the walking ol'your dog on a leash Serino (}pen Space, specifically the traithead beginning on E;ohlman Road in in the YJth of the trail to the end at Overlook Road in Los Gatos. garatoZa.cc„+tiaaiaR for the krtg Dogs on a leash arr permitted in Saratoga's Sierra Azul and Fremont Older Open Space. The lower (Los gates) entrance of the El Sereno Trail permits dogs on a leash, and it is iwcotesistrnt to disallorw leashed dogs on the upper portion of the trail. There are n residences near the trait and having a leashed dog is a security factor because the trail is very remote and m4dom traveled by others. vasse lvrint) address Signature 3. l l 18. + IL 9?6Z)7p signed! I Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition SummaU: _It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; The residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment v�hoGs-� ( I Go to www.AtYourBusiness.com for more free business forms it Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For:We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment L J4', Gr 1 Go to www.AtYourBusiness.com for More free business forms Petition t " Allow Dogs on a Leash On The El Sereno Open Space Preserve i Petition Summary: It is our belief that by m* allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment 7 \iv'`�.'F}. L,'��4C� a4l Alkyl Go to www.AtYourBusiness.com for more free business forms Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment _ l550 LA-Wil 37 4r7 4 H Cf14 i y �'IN7 C&4Rf 9f-01'U GS_ 2� Ge sr5e C-,4L :�n love 64 95I I Go to www.AtYourBusiness.com for more free business forms Petition to Allow Dogs on a leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment IL l 1 D 7cvl"C o',n�x t GJ Lvs C��� s 3 ( � ) 1 �� ��• t is �� I-eke Go to www.AtYourBusiness.com for more free business forms Petition to Allow Dogs on a leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment U3 2 Lzr)r rGu AL �Z<<1 cc�,u L0 5 CrZ nt C 4 OJ003 (j 2 Arl�r� ICv c yGGI4e 5a,,)CJ& eA991 Go to www.AtYourBusiness.com for more free business forms Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition SummaU: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment (Y-) y 5 3 J SJV?C ►" w� C9a�t l a G J`,) ' �,w Go to www.AtYourBusiness.com for more free business forms / Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment ck Z �CL Go to www.AtYourBusiness.com for more free business forms Date Signature Printed Name Address Comment S+() i Go to www.AtYourBusiness.com for more free business forms Petition to Allow Dogs on a Leash On The E1 Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment c-L LO", CA 'ICCZ -Irl I 'Ins YKy1 J n f' OI 1aq- S[,4fR 1 v�t`�P •��� g � G '(OOL`6 is 4 c t►hUtV Go to www.AtYourBusiness.com for more free business forms 1 Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment ws h"gaeS,CA 9 oo.s 1161`1 Ol e►-►y Av-e-vtu-p- ^�j�uz Qrs h J\ qoo r r •f-v 1 �'� ii �.J 1 -�'I `'� - v�L I'Yl o P.kJ P✓ 1,6_7 C�4 AV P-- �n Say. O I L`7(�O(� In1 ► °' t V (zvi %00 16 �4 ; I o,.o Ave- C Vti ~1 3 Sfi �� adtt �q3 Go to www.AtYourBusiness.com for more free business forms I Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment lno "e I-e?A4 tie 44 b tiFive r e La 4 7d�0 00 e i(e tv+a, 1 L am Z qv He 4i4 70(cos 8.29.201�- 2 -f Br' 9eNoo� �1 C ou�r�e NC C i Ah e RS 12S N« 8o�t Sao ovz qs-1 z5 'rb Foe- Stree-t V Go to www.AtYourBusiness.com for more free business forms Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment /ZY/Z,0! �f Q !� 9, t Go to www.AtYourBusiness.com for more free business forms 1 Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signat a Printed Name Address Comment Zo /Z— �S w� V12— Go to www.AtYourBusiness.com for more free business forms Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment / 7 L L �-o s o J JLYt L`6 L r J C'. +-a s C-&,_-i ule s �` ►�vC s L 41 0 N Manie-.ti4. VGA IV Y Go to www.AtYourBusiness.com for more free business forms 1 I �I Petition to Allow Dogs on a Leash On The E1 Sereno Open Space Preserve Petition SummaU: It is our belief that by not allowing dogs on the El Sereno Open Space severely P P Y reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. I Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment r ' 7 0ILA 1 6 I ? 0 2, i - .1; C- o f J C r � 7- Go to www.AtYourBusiness.com for more free business forms Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition_Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment IeA i� IrLSUV�'�l�"1@ I C Z l� G��"Wd J C . 1�t��'1 t J " ONIN-(r V 1AA / JnC .: ,z= `Ic �S L:.s6A-rbS �So33 Pl'�zf S� -Al(el Lu-Ird -3Q 1 S' V1NA 0 l�-- � � '�•C' t Jt g t n/t✓"t-l- c A o L c� �s 3 Go to www.AtYourBusiness.com for more free business forms i Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; the residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date Signature Printed Name Address Comment A4 rs�-7 6 dal ., Go to www.AtYourBusiness.com for more free business forms I, Date Signature Printed Name Address Comment 'Oct-1� -"ell Jl n14CV4 LcAr ABC' � w ` 3 0/1 Z - _ .►nn 4�0.40,) Ib$Z1 r:V-rAN K P(JE f! v of 1 q ov, ( . 1� `3�-- IZ Caina 6o►M � D Go to www.AtYourBusiness.com for more free business forms Petition to Allow Dogs on a Leash On The El Sereno Open Space Preserve Petition Summary: -It is our belief that by not allowing dogs on the El Sereno Open Space severely reduces the enjoyment of the preserve by those people who use the space the most; The residents of the surrounding neighborhoods. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to revise the permitted uses of the El Sereno Open Space Preserve to allow dogs on a leash Date: Aug. 18, 2012 Name: Dave Abelson & Donna Abelson Address: 19519 Montevina Rd Los Gatos, CA 95033 Jul V 23, 2009 To whom it may concern, This petition is to request a change in policy permitting the walking of your dog on a leash in the El Sereno, Open Space, specifically the trailhead beginning on Bohiman Road in Saratoga, continuing for the length of the trail to the end at Overlook Road in Los Gatos. Dogs on a leash are permitted in Saratoga's Sierra Azu] and Fremont Older Open Space. The lower (Los Gatos) entrance of the El Sereno Trail permits dogs on a leash, and it is inconsistent to disallow leashed dogs on the upper portion of the trail. There are no residences near the trail and having a leashed dog is a security factor because the trail is very remote and seldom traveled by others. Sincerely, G•�f jf Michael Lagae 16981 McGill Road Saratoga, CA 95070 (408) 741-5999 michael@)Iagae.org ope AtanSpace 0001M--9.-009 Ms.C-*mthiA Rkwd= 1696.dBohlman Road Saratoga.CA 45050 Av i%a Garret 15555 Bohiman Road Saratotm CA 95050 RE: Petition for Dog Use at El Serena Open Space Preserve Dear Ms. Rxwdan and Ms,Garret, Thank you for your letter and petition dated September 10,2009 in which you express an interest in having the remainder of El Sereno Open Space Preserve(Preserve)open to dogs on leash. The District appreciates%our initiative to solicit community interest for having additional trails open to dogs in this area.. As you mention in the letter,dogs on leash are currently allowed only on the Overlook Trail because of the historic dog walking use on this segment of trail that preceded Midpeninsula Regional Open Spam District(District)ownership of the property. To date,the District has not opened other segments of trail to dogs at this Preserve. For this specific proposal.the District would need to evaluate the suitability of dog use at this Preserve,solicit additional public comment regarding this use,and consider unending the Preserve's Use and Management Plan to include dog use on additional trails. Although the District is midway through its 20M.10 fiscal year and is continuing to work through a full 11tA of projects that was pared down in response to the current statewide fiscal crisis,your suggestion for opening trails to drags on leash is timetv, I have asked our General Manager to add your suggestion to the list of projects that the Board of Direvors will consider as%%e begin budget preparation for the 2010-11 fiscal year Later this fall. Because the District owns and operates 26 other open space preserves,including three for which we are finalizing comprehensive Master Plans,and has limited resources with which to operate them, we must prioritize our efforts each year. Letters from District residents,such as the one you wrote,are important because they help inform our decisions about priorities. Thank you for taking the time to share}our ideas with us. We will keep your letter and contact information in the file and make them available to staff as we move forward with the budget process. In addition,staff will contact you to let you know the status of your request as budget priorities are established. Again.thank you for your comments, Nonem Hanko. Board President cc: MROSD Board of Directors Stephen E.Abbors.General Manager dHHHHH HHHHHH 15555 Bohlman Road Saratoga, CA 95070 27 February 2010 Anna Ruiz Nonette Hanko Santa Clara County Open Space Authority 330 Distel Circle Los Altos, CA 94022 Dear Ms. Ruiz and Ms. Hanko: My neighbors Cynthia Riordan and Connie Puglia, along many other residents in the Bohlman Road neighborhood in the unincorporated area of Saratoga, have petitioned the Santa Clara County Open Space Authority in September 2009 to allow dogs on leashes at the Bohlman Road entrance to the Sereno Open Space District. We know that leashed dogs are allowed to enter this open space area from the Overlook entrance, and we and other local Bohlman Road residents want to be able to walk into the open space district, but at the same time we feel the need to keeps our dogs with us as protection aga Pinst mountain lions. (My husband acquired our dog for the primary purpose of protecting me as I walk.) We do not feel safe walking without our dogs. In May 2009, Cynthia Riordan spoke with Andrea Christensen in your office, and she received a letter from Nonette Hanko in your office, who both indicated that if we would submit our petition by September 2009, you would address the request in April at your planning meetings for the next fiscal fiscal year. I was disappointed to learn from Ms. Riordan that you will not be addressing this request until some time in the future, and, to quote Ms. Hanko, only Oif there is a lull in our scheduled projects. We want to ask you to reconsider this decision and address our request at your April planning meetings. The petition we submitted is signed by many of our neighbors on Bohlman Road, startin g at the lower junction of On Orbit Drive and Bohlman Road, and continuing up to neighbors who live immediately adjacent to the Sereno Open Space District. So there is broad support from the local residents who would be most affected by dog traffic for allowing leashed dogs in the open space district. We believe that effecting this policy change would be straightforward, with the main change being to change the sign at the Bohlman Road entrance to indicate that leashed dogs are allowed. It seems that such a change should not be too costly to implement, and hopefully your budget would allow for it. Sincerely yours, GENERAL MANAC 0 Reg ona penSpace Vld:)erlm�,Od'�e,'onal 0-)cn S�acc[)ist'ict "OAR:)OF O,1FCTC41, April 29,2010 AvIva Garret 15555 Bolilman Road Saratoga,CA 95050 RE: Request for Dog Use at El Sereno Open Space Preserve Dear Ms. Garret. Thank you for your letter dated February 27, 2010 that follows Your prior letter dated September 10,2009 in which You reiterate an interest in having the remainder of El Sereno Open Space Preserve(Preserve) open to dogs on leash. This request, although seemingly simple at first glance,does require considerable staff time to comply with the District's Board-approved use and management planning process. Along with evaluating the Preserve's site suitability lot-expanded dogs-on-leash use,the District is also responsible for reviewing the proposal at a publicly-noticed meeting with the Use and Management Committee, must assess and prepare the proper documentation to identify the potential environmental implications for this action as required by the California Environmental Quality Act(CEQA),respond to any public comments in support of or opposition to the proposal. and then proceed with full Board review and consideration of this item as an amendment to the Preserve's Use and Management Plan. Once this is completed and assuming Board approval of the item, signs and maps are then modified to reflect the change in use. With this in mind and given staff limitations, the District had to weigh this request with all other project proposals and priorities located across the District's 27 open space preserves. which no\\ encompass over 58.000 acres. Staff reviewed these projects against a set ot'criteria to determine \,\,Ilich projects would move forward as pail of the District's 2010-1 1 Action Plan. Although your request for dog access was not initially a component of the Action Plan as part of this screening process, we have determined that should projects be delayed or removed from the list due to unanticipated factors,which may occur,staff would then recommend that the'Board move forward with your proposal during the Midyear Action Plan Review that occurs in November/December. Staff will contact you in the fall to let you know the status Of your request as we begin to review the Midyear Action Plan. If you have any questions regarding this letter. please feel free to call Ana Ruiz. Planning Manager, at(650)691-1200. In the mean time. we encourage you to visit other open space preserves that Currently allow dog access, which are listed on Our wcbsite at Again.thank-You for Your C0111111CIltS. Sincerely, Mary Davey, Board President cc: MROSD Board of Directors Stephen E. Abbors. General Manager Ana Ruiz, Planning Manager V,IN,tN 0 n 1, L'_11,0' DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Jeff Escallier 19581 Montevina Dr. Los Gatos, Ca. 95033 RE: Your letter of October 22, 2012 stating a desire for expanded dog use at El Sereno Open Space Preserve Dear Mr. Escallier, Thank you for your letter and comments regarding a request of The Montevina Homeowners Association and The Citizens Group of Bohlman Road to expand dog use at El Sereno Open Space Preserve(see copy of your letter attached). Dogs on leash are currently allowed only on the Overlook Trail located on the northern reaches of the Preserve because of the historic dog walking use on this segment of trail that preceded Midpeninsula Regional Open Space District (District) ownership of the property. As a public agency that is responsible for the stewardship of its lands and sensitive resources, the District has a set of procedures and protocols in place that we follow when considering any new or changed use of the preserves. For your particular request, the procedure is: (1) evaluate the suitability of dog use for new Preserve areas, (2) bring a proposed change in trail use through a Board committee review process, (3) solicit public comment regarding a potential change in trail use, and (4) assuming Committee support of the change, bring the item to the full Board to request approval of the Preserve's Use and Management Plan to include an expansion of dog use on select trails. Due to a large backlog of high priority projects that must be addressed, we want to be realistic about the time frames in which we could review, analyze, and respond to your request. We are developing our Action Plan for next fiscal year(which begins April 1, 2013), as well as our three-year capital project list. This project has been added to the potential project list for consideration, and we should have a better sense early next spring as to the timing. Hopefully, we will at that time be able to give you a rough estimate of when we will have the capacity to review your request. Also, please know that in order for us to be able to move forward with an expansion of dog use at any Preserve, we would also need to evaluate ranger staff capacity. It is our experience that dog use, due to recurring District-wide compliance problems, requires a significant amount of patrol, education, and enforcement to ensure that dog use regulations are followed for the safety of our visitors and the protection of the natural resources. As such, we would also need to determine whether any increases in patrol staff would be needed to enforce and manage an expansion of dog use as you have requested, and implement any staffing changes ahead of opening new segments of trail to dogs on leash. 33o Distc!Circle[OS Alto,,,(A 9402) 1 F,,3 o f,c)i 12 oc, I F,,,n 6c 1 048, 1 www open,pace o,r li Thank you for your thoughtful input and for your interest in the District and El Sereno Open Space Preserve. We know this subject is important to you and wanted you be sure you knew that we have heard you. If you have any questions, feel free to contact Tina Hugg or Meredith Manning, Co-Acting Planning Managers, at(650) 691-1200. Sincerely, Jed Cyr, Board President Enc: Copy of J. Escallier Letter cc: MROSD Board of Directors Stephen E. Abbors, General Manager Tina Hugg and Meredith Manning, Co-Acting Planning Managers David Sanguinetti, Operations manager r Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-86 Meeting 95-16 June 28, 1995 AGENDA ITEM Report on Additional Access for Dogs DOG USE COMMMI 'S RECOMMENDATIONS 1. Tentative) adopt the attached criteria for evaluating reserve i Y P g p suitability for dog access as developed by staff. 2. Support efforts of local dog owners to form a user group. 3. Review and consider the nine recommendations contained in this report regarding amendment of preserve access for dogs: a. Foothills Open Space Preserve - de-emphasize dog access in publications. b. Fremont Older Open Space Preserve - open all remaining trails to dogs on leash. c. Long Ridge Open Space Preserve - close to dogs as incompatible with criteria. d. Windy Hill Open Space Preserve - open all remaining trails to dogs on leash. e. Coal Creek Open Space Preserve - open all trails to dogs on leash. f. Thornewood Open Space Preserve - open all trails to dogs on leash, g. El Corte de Madera Open Space Preserve - consider dog access as part of the Use and Management Plan to be prepared later this year. h. Sierra Azul Open Space Preserve, Kennedy-Limekiln Area - open all trails to dogs on leash. i. Pulgas Ridge Open Space Preserve - open an off-leash area at the site of the former Hassler sanitarium buildings. 4. Direct staff to return with a schedule for use and management plan amendments as necessary to further consider the recommendations tentatively approved at this time, i l 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@)netcom.com 15 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt, Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-95-86 Page 2 � BACKGROUND `�"N' i The Board originally formed the Dog Use Committee in 1983 to consider dog access to preserves. The Committee held several public workshops, resulting in a decision to allow leashed dogs in portions of three preserves. By 1987, dog access had been expanded to six preserves. The Board reactivated the Dog Use Committee in 1993 to review the dog access program. A public workshop held in September 1993 was dominated by people supportive of more access. In December 1993, a second workshop was held at which the Committee directed staff to prepare a process and schedule to study the issue. A volunteer task force was formed to help research the issue and to review the findings. Staff presented the results of the research at a third public meeting of the Dog Use Committee in October 1994. Staff s Doe Access Program Evaluation Report was based primarily on extensive research into the policies and experience of other agencies. It proposed criteria and alternatives for expanding dog access to the preserves. The Committee then directed staff to respond to specific questions about the suitability of individual preserves for increased access and the potential impacts of such use. Staffs findings, including criteria and a matrix evaluating the relative suitability of all preserves for increased dog access, are contained in the Preserve Suitability for Dog Access Summary Report, available as a separate document (see item 6 listed below). The completed matrix is included with this report as Attachment 1. The following background documents are available for review at the District office: 1. Minutes of September 28, 1993 Dog Use Committee Workshop 2. Minutes of December 14, 1993 Dog Use Committee Workshop 3. Dog Access Program Evaluation (9/27/94) (Long Version, including appendices) 4. Minutes of October 5, 1994 Dog Use Committee Workshop 5. Video - Point Isabel Off-Leash Dog Park 6. Preserve Suitability for Dog Access Summary Report (5/15/95) 7. Appendices to Above 8. Summary of Public Communications Regarding Dog Access 9. Minutes of May 23, 1995 Dog Use Committee Workshop 10. Files: Original Public Communications Regarding Dog Access Various articles and reports, including a report by Dr. Samuel McGinnis on the effect on wildlife of dogs in Long Ridge Open Space Preserve (1987) The Board of Directors' Dog Use Committee held its fourth public workshop on May 23, 1995. After hearing the staffs research and evaluation on specific preserves and access issues, and further public testimony, the committee formulated the following recommendations to be considered by the full Board: 1. Tentatively adopt the attached criteria for evaluating preserve suitability for dog access as developed by staff. Staff developed and used a set of criteria for evaluating sites for dog access (Attachment 2). This includes the matrix format for future use. The Committee II R-95-86 Page 3 recommends that these criteria be adopted and used as guidelines for decisions on dog access to preserves. 2. Support efforts of local dog owners to form a user group. Maintain and share a contact list of persons who have expressed interest in forming such a group. Other agencies report that local user groups have successfully assisted in the operation and maintenan ce of do us e areas. g P Y Pe $ 3. Review and consider the nine recommendations contained in this report regarding amendment of preserve access for dogs. a. Foothills Open Space Preserve - de-emphasize dog access in publications. Trail is short and parking is very limited and cannot be expanded. b. Fremont Older Open Space Preserve - open all remaining trails to dogs on leash. Consistent policy within the preserve will facilitate enforcement. c. Long Ridge Open Space Preserve - close to dogs as incompatible with criteria. Currently available trail is short; preserve does not meet access criteria. Consistent policy within the preserve will facilitate enforcement. d. Windy Hill Open Space Preserve - open all remaining trails to dogs on leash. Consistent policy within the preserve will facilitate enforcement. e. Coal Creek Open Space Preserve - open all trails to dogs on leash. Will provide j additional dog access in the Skyline area and complement existing access along upper Alpine Road. f. Thornewood Open Space Preserve - open all trails to dogs on leash. A relatively close- in, little used, and less sensitive site. g. El Corte de Madera Open Space Preserve - consider dog access as part of Use and Management Plan to be prepared later this year. Least sensitive of the preserves west of Skyline. Close to Kings Mountain and Skylonda communities. Requires careful study and discussion as part of Comprehensive Use and Management Plan currently being prepared. h. Sierra Azul Open Space Preserve, Kennedy-Limekiln Area - open all trails to dogs on leash. A relatively close-in and non-sensitive site. Limited parking is available. i. Pulgas Ridge Open Space Preserve - open an off-leash area at the site of the former Hassler sanitarium buildings. Site is already disturbed, separated from staging areas and development, already delineated by surrounding roads, and is close to urban areas. 4. Direct staff to return with a schedule for use and management plan amendments as necessary to implement those recommendations approved. Direct staff to prepare a schedule for use and management plan amendments for each of the preserves where dog access R-95-86 Page 4 is changed. This should include notification of adjoining owners, local agencies, and interested parties, and review of tentative and final plans, per District policy. Prepared by: Alice Cummings, Resource Planner Randy Anderson, Planning Manager Contact Person:Wim de Wit, Chair, Dog Use Committee ATTACHMENT 1 PRESERVE SUITABLILITY FOR DOG ACCESS O y c Y O " 9e o a o c o 8 U o B ? o E to ID V to O . O O '[ c G > a 's. sQ O e Y « O O � K PRESERVE HISTORY OF DOG USE 3 0 0 0 0 0 0 x f} 3 0 0 0 3 0 3 0 0 0 0 3 0-no. 3-Itlegol use, 5-►opal use DOGS ALLOWED ON CONNECTING TRAILS 5 5 5 5 3 0 0 3 0 0 0 0 0 5 5 3 0 0 5 0 no, 3 no,but major public road*operates preserve and'no dog'trail 5 yes!or no connecting trails USE 5 3 5 5 0 0 3 0 0 0 5 3 3 3 5 3 5 5 5 0-high. 3.moderate 5.10 w MILES O '>.E F TRAIL 1 2 1 1 1 2 1 2 2 2 0 2 1 2 2 2 0 >`. 0 0 j 0- <1 mi., 1- 1-Smi., 2- >Smi. LOOP TRAILS 0-no, 2-yes 2 2 0 2 2 2 2 2 2 2 0 2 0 2 0 2 0 0 0 .j PARKING 0-verylimited, 3-limited, 0 3• 0 3• 5 5 5 5 5 3 5 5 5 3• 0 5 3 0 3 5-ample ROAD-WIDTH TRAILS/GOOD VISIBILITY 5 3 5 5 0 3 3;t# 3 3 3 5 3 0 5 5 3 5 0 0 0-no 3-some. 5-oil/moot ` CONFLICTING SPECIAL USE(nature center,winer y, 3, 3 3 ry 3 0 0 0 3 0 3 3 3 3 3 3 0 3 3 3 interpretive trail,farm) 0-yes, 3-no DISTURBED HABITAT 0-little,1 some,2-most 1 1 1 1 0 1 1 1 1 0 1 1 0 1 0 1 1 1 1 HABITAT SENSITIVITY 0—high, 3-medium, 5-low 3 3 5 3 3 0 3 0 0 3 0 3 3 5 5 0 0 3 3 s ADJACENT TO URBAN AREA 0-no, 3-yes 0 0 3 0 0 0 0 s 0 3 3 0 0 0 0 0 0 0 0 3 STAFF RATING 2 2 1 1 .# 0 0 1 2 0 0 0 1 0 2 1 0 0 0 1 It 0-low, i-medium,2-high t` TOTAL 30 27 29 29 xz.„. 14 13 19 24 15 19 19 26 15 34 26 19 17 12 27 NOTE: Highs,score-better wliability for dog access. Shading -Dogs currently allowed. *Additional parking is planned for the preserve. ATTACHMENT 2 PROPOSED DOG ACCESS CRITERIA INTRODUCTION This document describes a process and set of criteria to be used to guide decisions on where to allow dog access in District preserves. These criteria are intended to be guidelines rather than absolute determinants. The matrix scores are only one of the factors the Board may consider in making a determination on dog access. CRITERIA DEVELOPMENT The criteria are based on extensive staff research. Staff reviewed information from the public (including many letters and extensive testimony) and from other agencies and organizations regarding dog access policies and practices. We also reviewed existing research on the impacts of dogs op the environment. This information formed the basics for 15 proposed dog access criteria (see Dog Access Program Evaluation Report, Sept., 1994). A questionnaire was developed and administered to staff to help refine and weight the proposed dog access criteria. Staff were also asked to rate the suitability of the preserves for dogs, based on their familiarity with District lands and experience in managing the existing dog access. Based on responses to the survey, staff modified the criteria and listed them in a matrix format. The criteria were weighted according to staff assessment of their importance. Some of the original 15 criteria were eliminated because they did not lend themselves to tabulation or they could be grouped with other criteria. For example, the matrix could not directly consider the issue of geographic distribution since it addresses each preserve individually. Staff also evaluated the suitability of opening or closing an entire preserve to dogs. Higher scores indicate preserves that are more suited to dog access. Following is an explanation of the criteria used in the matrix. EXPLANATION OF ACCESS CRITERIA 1. History of dog use (O=no, 3=illegal use, 5=legal use) Previous dog use of an area, both legal and illegal, is reason to consider continuation of that use. People are accustomed to taking dogs there, the site is usually close to residential areas, and it is already disturbed. Illegal use rates lower than legal use. 2. Dogs allowed on connecting trails (0=no, 3=no, but major public road separates preserve and "no dog" trail, 5=yes/ or no connecting trails) Consistent use on connecting trails is important because of the difficulty of managing areas with conflicting uses. The highest rating is given to preserves that connect with areas where dogs are already allowed, or where there are no connecting trails to "no dog" areas. If dogs are not allowed on adjacent trails, the rating is low. If a major public road must be crossed to get to the "no dog" trail, this is considered a sufficient barrier to rate a medium value. In some cases, a preserve connects with both dog and no dog areas. This also rates medium. 3. Use (0=high, 3=moderate, 5=low) This rating reflects the relative number of people visiting a preserve as well as types of use and potential for conflict. Dog access impacts and conflicts increase as use and types of use increase. Weekends are the time when most dog users visit, so the rating is based primarily on existing weekend use. The use information may come from formal counts and/or from informal field staff assessment. 4. Miles of trail (0= < 1 mi., 1= 1-5 mi., 2= >5 mi.) Giving credit to preserves with more miles of trail is a good way to comply with the objectives to provide more extensive hiking opportunities", and "provide habitat variety". 5. Loop trails (O=no, 2=yes) More loop trails was a specific request from dog user groups. Preserves with loop trail possibilities rate higher than those without. 6. Parking (O=very limited, 3=1imited, 5=ample) Staff considers parking a critical factor. Since allowing dogs will increase the need for parking, preserves with existing "ample" parking score highest. Ratings are based on the number of parking spaces in relation to the number of preserve visitors. Some preserves with poor parking may score well for other reasons. In these instances, dog access should be postponed until adequate parking is developed. 7. Road-width trails/ good visibility (O=no, 3=some, 5=all/most) Because of the intention to open or close an entire preserve to dog access, preserves that have many road-width trails or trails with good visibility are rated highest. Wide trails reduce the opportunity for dog/people, people/people, and dog/dog conflict. They also increase safety and facilitate patrol and enforcement. 8. Conflicting special use (0=yes, 3=no) A goal identified by the Dog Use Committee research was to: "Avoid special use zones such as environmental education sites, certain types of agricultural areas, construction or significant restoration sites, equestrian staging areas, and ranger or rental residences". Environmental education sites are emphasized when assigning scores in this category. Environmental education sites include nature centers, educational farms, and surrounding areas, as well as interpretive trails. The other areas are normally signed and/or fenced off from public use, with the exception of equestrian staging areas. 2 9. Disturbed habitat (0=little, 1=some, 2=most) This score reflects the relative amount of disturbance remaining from past use. Heavy recreational use, presence of buildings and other facilities, and past agricultural practices all increase disturbance. Preserves that were heavily disturbed but have recovered well, even though not really "undisturbed", can still rate "low" or "medium" habitat disturbance. Since non-native plants such as broom and star thistle tend to invade disturbed areas, their number is a good indicator of disturbance. Areas of "high" disturbance typically are greatly changed from their original habitat types. 10. Habitat sensitivity (O=high, 2=medium, 5=low) "Habitat sensitivity" is based on a combination of factors. Based on knowledge of habitats in the District, staff ranked habitat types from most sensitive to least sensitive as follows: • Wetlands (ponds, creeks, marsh, baylands) • Grasslands (many small mammals such as squirrels and rabbits, open areas invite easy chase, ground nesting animals, perching raptors) Grasslands offer more opportunity for dogs to run freely, but also are home to populations of rodents and rabbits - natural prey of dogs. The presence of medium-sized mammals such as raccoon, coyote, grey fox, and bobcat may also stimulate dog chase behavior. • Oak woodland (preferred deer habitat, abundant birds, ground nesting animals) • Redwood forest (wildlife generally less abundant) • Chaparral (dense brush and steep slopes discourage off-trail chases) • Previously disturbed areas Wetlands next to trails are rated as more sensitive to dog impacts than those away from trails. This is especially important where there is no buffer of thick brush between the trail and the water. Areas serving as direct water sources for residences are considered sensitive. Habitats with sensitive wildlife species and/or wildlife accessible to dogs, are also considered more sensitive. 11. Staff rating (0=low, 1=medium, 2=high) The "Staff rating" category comes from questionnaires distributed to all staff. Not all staff may wish to vote, depending on their familiarity with the preserves. In the current matrix, the low rating = 0-5 votes, medium = 6-11, high = 12-16. The matrix does not address off-leash use. The off-leash issue is especially controversial for the District. The majority of staff, in their responses to the questionnaire, feel dogs belong on-leash for protection of wildlife, the public, and to protect dogs from other dogs. Many believe that voice control is impossible to enforce and do not want to be put in the subjective position of enforcing it. Creating a separate, defined, area for off-leash dogs will increase the District's management costs and responsibilities. Such intensive use areas have traditionally been the function of city and county parks, rather than "preserves". 3 PROCESS FOR ASSESSING PRESERVE SUITABILITY FOR DOG ACCESS Attachment A provides the format for evaluation when new preserves are considered. A change in dog access may be proposed during the use and management planning process. The matrix shoulel be updated by the Resource Planner according to the following process: ■ research relevant attributes of proposed preserve by visiting site, consulting field staff, and reviewing existing information about the preserve ■ prepare table with factual information on preserve attributes ■ circulate table to planning and operations staff for review, and refine table accordingly ■ use information from table to fill out matrix (see Attachment 2 for matrix format). Determine if there are areas in preserve which should be closed to dog access because of habitat sensitivity, user conflicts, or other reasons. ■ prepare and administer staff survey to use for completing staff rating item of matrix ■ assess preserve scores in relation to other preserves under consideration A change in dog access requires an amendment to the preserve's use and management plan. The amendment must be presented to the Board for review and approval, along with supporting documentation. In this way, neighbors and interested constituents will be advised of the potendal change in use as a part of the District's public notification policy. Once a change in dog access has been made, impacts must be monitored. If allowing dogs causes unacceptable impacts, access must be modified to correct the problem. Any such changes in dog access would most likely require a formal amendment to the use and management plan. 4 —J i ATTACHMENT A d PRESERVE SUITABLILITY FOR DOG ACCESS > E O v r e y E e O O e C O e Y o era i S2 & 1A 3 © ' 3 0C IC OC C a: ccW fA to VI do PRESERVE HISTORY OF DOG USE 0-no, 3-illegal use, 5-yea DOGS ALLOWED ON CONNECTING TRAILS 0-no, 3- no,but major public road separate* preserve and'no dog'trail 5-yes/or no connecting trails USE 0-Mph, 3-moderate, 5-low MILES OF TRAIL 0- <1 mi., 1- i-5mi., 2- >5mi. LOOPTRAILS 0-no, 2-yes PARKING 0-very limited, 3-limited or planned •, 5-ample ROAD-WIDTH TRAILS!GOOD VISIBILITY 0.no, 3.some, 5-on/most CONFLICTING SPECIAL USE Insture center,winery, interpretive trail.famt) 0-yes, 3-no HABITAT DISTURBED 0-little, 1-medium,2-high HABITAT SENSITIVITY 0-high, 2-medium, 5-low ADJACENT TO URBAN AREA 0-no, 3-yes USERCONFLICTS 0-Ngh, i-medium,2-low DIFFICULTY OF PATROL AND ENFORCEMENT 0-high 1-medium,2-low STAFF RATING 0-low, 1-medium,2-high TOTAL i i Midpeninsula Regional l ' Open Space District R-13-16 Meeting 13-03 January 23, 2013 AGENDA ITEM 4 AGENDA ITEM Approval of a Right of Entry for the California Department of Transportation for construction of safety improvements along Highway 9 west of the City of Saratoga at the Saratoga Gap Open Space Preserve (Portion of Santa Clara County Assessor's Parcel Numbers 503-42-028) and consideration of the Environmental Impact Report certified by the California Department of Transportation GENERAL MANAGER'S RECOMMENDATIONS l. Find that the District, acting as a Responsible Agency, has independently considered the Environmental Impact Report (EIR)certified by the California Department of Transportation for the safety improvements; and adopt the California Environmental Quality Act(CEQA) findings (Attachment 1). 2. Approve the Right of Entry allowing Caltrans the ability to install an anchored wire mesh bank stabilization system, upgrade the existing lane and shoulders, install a soil-nail retaining wall, metal guardrail and place curve warning signs along Highway 9 at Saratoga Gap Open Space Preserve, and authorize the General Manager to execute the Right of Entry on behalf of the District. SUMMARY The California Department of Transportation (Caltrans) is in the process of performing slope stabilization and safety work along Highway 9 to protect motorists. Part of the proposed slope improvement and safety work would need to be installed on District lands. Caltrans is requesting a Right of Entry to install these improvements, and will return to the District following completion of the project to seek a permanent slope easement and grant of fee property for these improvements. In exchange for the proposed slope easements and fee property of this project and slope easements required at two separate Caltrans projects on District property, the District is proposing that Caltrans grant the District a tunnel easement for public use under Highway 84 at La Honda Creek Open Space Preserve. This exchange of rights will be at no cost to the District. The following report presents a description of the District property, the environmental review, and the terms and conditions. i I R-13-16 Page 2 DISCUSSION The project site is located approximately four miles west of the City of Saratoga at mile marker 2.7 at the Saratoga Gap Open Space Preserve, along the south side of Highway 9 (see Attachment 2'. The District parcel that would potentially be affected is dedicated as public open space as part of the 184-acre former Foster property addition in 1999 (see report R-09-35). The potential work that would be performed under the Right of Entry is the construction of an anchored wire mesh bank stabilization system to prevent the steep hillside from failing, upgrading the existing lane and shoulders, installing a soil-nail retaining wall and metal guardrail, and placing curve warning signs. Caltrans will ultimately need to acquire a 23,916- square foot Slope Easement and I 1,203—square feet of fee property from the District for these improvements. Under the Right of Entry, Caltrans would be required to hydro-seed with native seed (as specified by District) and to incorporate best management practices to ensure erosion control and water quality. The purpose of the safety work proposed by Caltrans is to improve highway safety by reducing the number of cross-centerline accidents on Highway 9 at three separate locations between the City of Saratoga and the intersection of Highway 9 with Skyline Boulevard (Highway 35). Caltrans studied the accidents on Highway 9 for an eight year period between 1999 and 2007, and determined that 53 of 269 accidents that occurred involved vehicles that crossed the centerline. All of the improvements being proposed will reduce and better assist out-of-control motorists from crossing the centerline, thereby, reducing the number of cross-centerline accidents in the future. The proposed Right of Entry requires Caltrans to return to the District upon completion of the project to seek a permanent slope easement and grant of fee title property for the safety improvements. The District is prohibited from transferring or selling dedicated open space property under the California Public Resources Code, however, under section 5540.5 the District with the approval of a unanimous vote of its Board may exchange real property, or an interest in real property, dedicated and used for open space purposes for real property or an interest in real property that is determined to be of equal or greater value. Pursuant to the terms of the proposed Right of Entry, Caltrans will either grant the District the desired tunnel easement adjacent to La Honda Creek Open Space Preserve or if unable to do so despite its best efforts, will negotiate with the District to agree upon other real property or real property interests that can be exchanged. Caltrans expects to commence work on the project in the summer of 2013, contingent upon the District's issuance of the proposed Right of Entry. CEQA COMPLIANCE Description The project consists of the conveyance of a Right of Entry to Caltrans over a 35,119-square foot portion of the Saratoga Gap Open Space Preserve along the south side of Highway 9 (see project description in Discussion section on Page 2). R-13-16 Page 3 As the lead Agency for the overall Project under CEQA, Caltrans certified an EIR on March 25, 2011, adopted mitigation measures to minimize the Project's significant impacts, and adopted a Statement of Overriding Considerations for the Project's visual impact. The full project as analyzed in the EIR is described in part below: "Highway 9 is a two-lane undivided conventional highway that runs north/south in Santa Clara and winds through the Santa Cruz Mountains connecting Highway 17 with the Saratoga Gap Open Space Preserve and Santa Cruz County. Within the project limits (PM 2.5 to PM 7.0), Highway 9 is designated as an official State Scenic Highway and is bordered by hills on one side and valleys on the other side. The existing facility within the project limits consists of two approximate I I-foot lanes separated by a solid double-yellow strip and outside paved shoulders that vary from less than one foot to more than eight feet in width. At many locations, there are steep hills where the toe slope abuts the existing edge of the shoulder. This project proposes to construct improvements at three spot locations. The improvements include: improving sight distance, upgrading the existing lanes and shoulders; increasing the super-elevation; upgrading metal beam guardrails; and installing warning signs. Super-elevation is tilting the roadway to help offset centripetal forces developed as the vehicle goes around a curve. To accommodate these improvements, the existing slope will be cut back and soil nail retaining walls will be constructed." CEQA Determination The District is a"Responsible Agency"under CEQA for the Highway 9 Safety Improvement Project. A Responsible Agency is an agency, other than the Lead Agency, that has approval authority for a project. CEQA requires that the District, as a Responsible Agency, also adopt CEQA findings. Accordingly, the District, as to those parts of the Highway 9 Safety Improvement Project that it is considering, independently concludes that the direct and indirect environmental effects of the Highway 9 Safety Improvement Project and of the Right of Entry were adequately addressed and mitigated by the EIR and Caltrans. CEQA also requires both a Lead Agency and a Responsible Agency to balance the environmental and other benefits of a project with unavoidable potential environmental impacts when approving a project. If an agency determines that the environmental or other benefits of a project outweigh a potential adverse environmental impact, the agency may adopt a Statement of Overriding Considerations confirming this determination. Accordingly, the District further finds, in conformity with the EIR and Statement of Overriding Considerations adopted by Caltrans, that the retaining walls installed as part of the Highway 9 Safety Improvement Project impact the visual quality of a State Scenic Highway. As a result, this potential impact on visual aspects would be significant and unavoidable at a project level. The District concludes, on balance, the benefits of the Project and Right of Entry, including the improvements to highway safety and ability to exchange property with Caltrans to further the District's mission, overrides the potential visual impacts of the Project. R-13-16 Page 4 TERMS AND CONDITIONS The proposed Right of Entry includes the following key terms and conditions: 9 The District will issue the Right of Entry to accommodate Caltrans' construction schedule. 0 The Right of Entry would grant Caltrans the fight to access 35,119-square feet of District Property along the south side of Highway 9 for the construction of safety improvements. 0 The ten-n of the Right of Entry would be valid from the date of execution to the completion of the proposed safety improvements. 0 In exchange for the future slope casement and grant of fee property of this project and slope easements required at two separate Caltrans projects on District property, Caltrans would agree to use its best efforts to compensate the District with the grant of a tunnel easement under Highway 84 at the La Honda Creek Opens Space Preserve for general public use (the other Caltrans projects are located on Highway 9 and Highway 84 and the work is complete). • If, despite its best efforts, Caltrans is unable to convey the tunnel easement at La Honda Creek Open Space Preserve both parties would be obligated to negotiate in good faith to exchange other property or property interests that would serve the District's mission. • Caltrans shall incorporate practicable erosion control and water quality Best Management Practices, comply with the EIR's mitigation, minimization and avoidance measures, and use District prescribed native seed mixes. The proposed grant of a pennanent slope easement and grant of fee property to Caltrans will be brought back to the District Board for approval at a future meeting. BOARD COMMITTEE REVIEW Board Committee review of this item is not required. FISCAL IMPACT The issuance of the Right of Entry to Caltrans will have no fiscal impact to the District's budget. PUBLIC NOTICE District land surrounds the proposed safety improvements. Therefore, written notice of this item has been sent in accordance with the Brown Act and no additional notice is necessary. NEXT STEPS Pending Board approval, the Right of Entry will be executed by the General Manager and transmitted to Caltrans for its execution. Attachments: 1. Resolution 2. Project Location Map 3. Environmental Impact Report R-13-16 Page 5 Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen L. Ishibashi, Real Property Specialist Contact person: Same as above Graphics prepared by: Alex Roe, Planning Technician ATTACHMENT 1 RESOLUTION NO. 13-XX I RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,APPROVING A RIGHT OF ENTRY AGREEMENT AND AUTHORIZING THE PRESIDENT OF THE BOARD, GENERAL MANAGER OR OTHER APPROPRIATE OFFICER TO EXECUTE THE AGREEMENT (SARATOGA GAP OPEN SPACE PRESERVE—CALTRANS) WHEREAS,the California Department of Transportation (Caltrans) is undertaking the State Route 9 Safety Improvement Project(Project), which includes slope stabilization and safety work along Highway 9 to protect motorists, and; WHEREAS, Caltrans has requested a Right of Entry to perform slope improvement and safetywork including the construction of an anchored wire mesh bank stabilization system to g Y prevent the steep hillside from failing, the upgrade of the existing lane and shoulders, the installation a soil-nail retaining wall and metal guardrail, and the placement of curve warning n signs District land within the Saratoga Gap Open Space Preserve, a d � g p P P WHEREAS, District staff have negotiated with Caltrans the proposed Right of Entry Agreement attached to this Resolution as Attachment A, and; WHEREAS, Caltrans has prepared and certified the Final Environmental Impact Report/Environmental Assessment and Section 4(f) De Minimis Finding for the Project (EIR), NOW, THEREFORE BE IT RESOLVED, that: 1. The Board of Directors of the Midpeninsula Regional Open Space District (Board), acting as a"Responsible Agency" under the California Environmental Quality Act, concurs in and hereby independently certifies as adequate the California Department of Transportation's Final Environmental Impact Report/Environmental Assessment and Section 4(f) De Minimis Finding for the State Route 9 Safety Improvement Project that was certified on March 25, 2011. 2. The Board finds that measures and procedures incorporated into the Project as described in the EIR and approved by Caltrans, including measures required under the Right of Entry Agreement, avoid or minimize the Project's potentially significant environmental impacts related to cultural resources, water quality, geology, hazardous waste, and biology, and will ensure that these impacts will be less than significant. Implementation of all such measures and procedures identified in EIR Table S-2 is hereby made a condition of the District's approval of the Right of Entry. 3. The Board finds that the Project as approved by Caltrans will have significant and unavoidable impacts on visual resources. The following mitigation measures will reduce 1 4. such impacts (though not to a less-than-significant level); implementation of these measures is hereby made a condition of the District's approval of the Right of Entry. Visual Mitigation (VM)-I: Tree and Vegetation Removal Measures Minimization or avoidance of tree/vegetation removal due to construction to the greatest possible extent: - Minimization of existing tree and shrub removal to the greatest possible extent. The limit of work shall be kept to the minimum possible footprint, not to exceed 5 feet from the edge of retaining wall (please see EIR Figures 2.13a and 2.13b); • Clearing and grubbing is to occur no farther than five feet from the edge of the retaining wall; • Existing vegetation outside of clearing and grubbing limits shall be protected from the contractor's operations, equipment, and materials storage; • Tree trimming by the contractor shall be limited to that required in order to provide a clear work area; • High visibility temporary fencing, if feasible, shall be placed around the area where significant trees or other desirable vegetation are to be protected prior to the commencement of wall construction; • All trees to be removed shall be marked in the field by the Contractor and approved by the Resident Engineer prior to removal; and • As far as practicable, design exceptions shall be implemented to avoid removal of significant existing vegetation. Highway planting: • Replacement of trees and shrubs at Location 2 as identified in the EIR shall be in place, where feasible; - Tree replacement planting may be implemented in other locations if appropriate to mitigate for major loss of tree canopy, as determined by the project landscape architect; . Required mitigation planting shall be implemented per Chapter 29 (Highway Planting) of the Caltrans Project Development Procedures Manual and Chapter 900 (Landscape Architecture) of the Caltrans Highway Design Manual; - All disturbed areas of native vegetation shall be replaced with similar locally-native vegetation at a minimum replacement ratio to be determined by Project Biologists; and - Required mitigation planting shall be funded through the parent roadway contract, programmed and completed as a separate contract within two years of completion of all roadwork. VM-2: Retaining Wall Measures - Use appropriate context-sensitive wall texture and color treatments to minimize contrast with the existing natural and/or historic setting. All walls will be treated with color and texture to reduce reflectivity of retaining walls visible from to the valley floor viewshed; 2 • Employ integral coloring in bottom barrier portion of upslope retaining walls to reduce overall color contrast of the walls; and • Wall and barrier texture treatments shall be coordinated and carry consistent themes throughout the corridor. VM-3 Light and Glare Measures • Construction activities shall limit all construction lighting to within the area of work and avoid light trespass through directional lighting, shielding, and other measures as needed. VM-4 Construction Impact Measures • Unsightly material and equipment storage and staging shall not be visible within the foreground of the highway corridor to the extent feasible. • Where such siting is unavoidable, material and equipment shall be visually screened where feasible to minimize visibility from the roadway and nearby sensitive off-road receptors; • Construction, staging, and storage areas shall be screened where feasible by visually opaque screening wherever they will be exposed to public view for extended periods of time; • Construction activities shall be phased to minimize the duration of disturbance to the shortest feasible time• • All areas disturbed by construction, staging and storage shall be re- vegetated when feasible; and • Construction activities adjacent to residences shall limit all construction lighting to within the area of work and avoid light trespass. 5. The Board finds that there are no feasible alternatives to the proposed Project that would meet the Project's objective of improving safety on Highway 9, as explained in the EIR at pages 8 and 9. 6. The Board finds that the following benefits of the Project are overriding considerations that outweigh its significant and unavoidable adverse impacts on visual resources: • The Project will improve highway safety by reducing the number of cross- centerline accidents on Route 9, as described on page vi of the EIR. • Following completion of the Project, Caltrans will seek to grant to the District a tunnel easement adjacent to La Honda Open Space Preserve or other real property or interest in real property, thus furthering the District's mission by serving visitors and/or protecting habitat. 7. The Board hereby approves the Right of Entry Agreement between the California Department of Transportation and the Midpeninsula Regional Open Space District attached to this Resolution as Attachment A, and authorizes the President of the Board, General Manager or other appropriate officers to execute the Right of Entry on behalf of the District. 3 8. The Board hereby authorizes the General Manager and General Counsel to execute any and all other documents necessary or appropriate to complete the transaction approved in this Resolution. The General Manager and General Counsel are further authorized to take any further steps necessary or appropriate to the closing or implementation of this transaction, including but not limited to approving minor or technical revisions to the Right of Entry Agreement that do not involve any substantial change to any terms. 4 m7lO;SP, not r - . �-: r=- • aratoga� ara a a Caltrans Right ll a P r s r of Entry 9 Castle J. t Rock 35 E 9 c -'�• 9 A A V S 'a, 9 '3 C� O A 35 ii ti Sanborn Skyline e County Park ,y. m d / V Caltrans, Highway 9 Midpeninsula Regional Parcels - Scale and Open Space District Location Approximate Watershed Land (MROSD) n j MROSD Preserves Other Public Agency Other Protected Open Space November, 2012 or Park Lands mile, • � 0 0 25 0 S While the District strives to use the best available digital data,this data does not represent a legal survey and is merely a graphic illustration of geographic features, ATTACHMENT COPIES OF THE STATE ROUTE 9 SAFETY IMPROVEMENT PROJECT ENVIRNOMENTAL IMPACT REPORT IS AVAILABLE AT THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADMINISTRATION OFFICE. PLEASE CONTACT DISTRICT CLERK MICHELLE RADCLIFFE AT 650-691-1200 OR MRADCLIFFE(a,)OPENSPACE.ORG k ,z 7�r,fi,1Sk ii{ i,�SY rh" k Midpeninsula Regional ' Open Space District R-13-19 Meeting 13-03 January 23, 2013 AGENDA ITEM 5 AGENDAITEM Approve the proposed purchase of the Lobner Trust Property as an addition to Monte Bello Open Space Preserve, located at 18000 Stevens Canyon Road in unincorporated Santa Clara County (Assessor's Parcel Number 351-13-018); Adopt the Preliminary Use and Management Plan for the Property, and; Approve a categorical exemption in accordance with the California Environmental Quality Act GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing the purchase of the Lobner Trust property, and authorizing the General Manager to approve, the Assignment of Leases, and related documents necessary to complete this transaction. 3. Adopt the Preliminary Use and Management Plan contained in this report. 4. Withhold dedication of the Property as public open space. SUMMARY The Midpeninsula Regional Open Space District(District) is proposing to purchase the 10.79- acre Lobner Trust property at a price of$450,000. The following report presents a description of the Lobner Trust property, a Preliminary Use and Management Plan, the District's environmental review, the purchase terms and conditions, and financial considerations, including a discussion of the potential funding contribution from Santa Clara County. DISCUSSION Background (see attached map) At its meeting on March 14, 2001, the Board approved the purchase of the 40-acre Lobner property located at the end of Stevens Canyon Road in Stevens Canyon as an addition to Monte Bello Open Space Preserve along with a right of first offer to purchase the 10.79-acre retained Lobner parcel (see report R-01-31). The 10.79-acre Lobner Trust property is located adjacent to and along the eastern boundary of the 40-acre parcel. The District now has the opportunity to R-13-19 Page 2 exercise its right of first offer to purchase the remaining 10.79-acre Lobner Trust property situated along Stevens Canyon Road. On May 9, 2001, the Lobner purchase agreement was amended in order to conduct a boundary survey to determine the location of the Seller's existing five rental cabins in relation to the east/west property boundary between the 40-acre Lobner property and the 10.79-acre retained Lobner property. The completed boundary survey determined that three of the five cabins were located on the parcel sold to the District. The District and Seller began work on a lot-line adjustment in 2002 to adjust the boundaries so that the five rental cabins would all be located on the 10.79-acre parcel. The lot line adjustment application was delayed because the County was in the process of revising the lot-line adjustment ordinance in 2002 and 2003. On May 26, 2004, the Board approved a Second Amendment to the Purchase Agreement to address the lot-line adjustment and to authorize a funding agreement with Santa Clara County Parks for the purchase of the former Lobner property(see Report R-04-12). The lot line adjustment was further delayed while the property owner worked with the County's Environmental Service Agency to install leach field and pump systems to legalize the septic systems to the five cabins. Ms. Lobner passed away in 2007 and the lot line adjustment was never completed. During the ensuing years, District staff had sporadic conversations with representatives of the Lobner Trust from Georgia and California. In October 2012, Wells Fargo Bank, a successor co-trustee of the Lobner Trust, contacted staff about the District's right of first offer and current interest in the 10.79-acre parcel. In December 2012, staff notified Wells Fargo of its intent to exercise its right of first offer to purchase the subject property. Property Description and Regional Context (see attached map) The 10.79-acre Lobner Trust property is located at the end of Stevens Canyon Road with Stevens Creek bisecting the southern portion of the property. The rectangular shaped parcel is bounded by the Monte Bello Open Space Preserve to the north, west and east and private properties to the south. Upper Stevens Creek County Park(Santa Clara County) is to the west and south. The District's Saratoga Gap Open Space Preserve is located approximately 1/4mile to the south. Stevens Canyon Road continues through the property transitioning to the District's Canyon Trail which passes through the County Park before re-entering the preserve. Public use of the Canyon trail includes hiking, biking and equestrian. The County built a single lane bridge across the creek in 2003 and 2004 to replace an unsafe ford crossing of the creek. The property is a natural and desirable addition to the preserve because it protects the Canyon Trail and potential future trail connections, and helps to protect the Stevens Creek watershed resources, wildlife habitat and scenic riparian views. The property elevation ranges from 1000 feet along Stevens Creek and ascends steeply to 1,400 at the highest point along the south facing, densely wooded hillside. The property has flat areas along the north side of the creek where four cabins are located. The property is heavily wooded including oaks, madrones, Douglas firs and bay laurel. The common fauna includes deer,bush rabbits, coyotes, bobcat, a variety of small birds and small animals. The San Andreas rift zone is located in Stevens Canyon with clay soils on the south side and sandstone on the north side. The southern portion of the property where Stevens Creek flows year round is subject to flooding in years with heavy rainfall. R-13-19 Page 3 The property is within the planning corridor for the proposed extension of Stevens Creek Trail, a joint effort by the County of Santa Clara and the District to connect Stevens Creek County Park to Upper Stevens Creek County Park and Monte Bello Open Space Preserve. This proposed trail linkage is identified in the Countywide Trails Master Plan of Santa Clara County. In addition to bringing the District and County one step closer to completing the land assemblage required to achieve this trail linkage goal, purchase of the Lobner Trust property will provide for protection of important watershed land and wildlife habitat, and will help preserve the natural and scenic character of the Stevens Canyon corridor and the District's surrounding Preserves. Over the last twelve years, the District has purchased approximately 800 acres of open space lands linking the Monte Bello and Saratoga Gap Open Space Preserves to both Upper and Lower Stevens Creek Park. Santa Clara County Parks has partnered with the District to jointly purchase and preserve three properties along the north side of Stevens Canyon totaling approximately 280 acres since 2005. Improvements Stevens Canyon Road is gated with an equestrian stile just east of the eastern boundary of the property, preventing public vehicular traffic through the west end of the road and onto the property. The gated road provides access to the tenants residing in the four occupied cabins located on the property. Tenants have keys to the pad-locked metal County gate. Just before the bridge, a driveway forks to the north side of the creek providing access to the four cabins located on the north side of the creek. One of these cabins is boarded up and vacant due to the poor condition of the structure. These four cabins are located within fifty feet of the upper banks of Stevens Creek. The fifth cabin is located on the south side of the creek via the single lane bridge. The five cabins have a combined building area of approximately 3,500 square feet. Each cabin is reported to have one bedroom. The four occupied cabins are in fair to poor condition with an estimated $75,000 of deferred maintenance upgrades. These cabins are served by four septic and leach field systems and an unpermitted well on an electric pump. Electric service is provided by overhead utility lines. Access to each of the cabins is by dirt and gravel driveways off Stevens Canyon Road. USE AND MANAGEMENT Planning Considerations The subject property is located within unincorporated Santa Clara County and is zoned HS (Hillside), requiring a 20 to 160 acre minimum lot size based upon a slope density formula. The property consists of one legal parcel and has a density as one residential site. Access to the property is from Stevens Canyon Road. The District's 1998 Regional Open Space Study shows a potential regional trail connection in the vicinity of the property and, as noted earlier in this report, Santa Clara County's Countywide Trails Master Plan identifies this trail corridor for the extension of the Stevens Creek Trail connecting the Stevens Creek County Park to Upper Stevens Creek County Park and Monte Bello Open Space Preserve. The property is improved with five cabins, four of which are occupied as rental units and one cabin is vacant and boarded up. R-13-19 Page 4 Preliminary Use and Management Plan The principal purpose of the Preliminary Use and Management Plan is to establish a status quo land management approach to be effective in the interim between the purchase and the completion of a subsequent long-term plan. The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan or Master Plan is approved for Monte Bello Open 'n Space Preserve. The Preliminary Use and Management Plan includes securing the site, posting signs, conducting resource management activities, the demolition and removal of the five cabins and miscellaneous debris, and to restore the property to a natural condition, as described more fully below. After this work is done, the property will be maintained in a natural condition, with no development or changes anticipated. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Designate the property as open to public use along the public right of way along Stevens Canyon Road. Signs and Site Install Preserve boundary and closed area signs where appropriate. Install Security: gates as necessary to prevent unauthorized vehicular entry. Structures and Upon vacancy of four occupied cabins, board up and secure all structures Improvements: until demolition is undertaken at a future date. Test for any asbestos- containing material or lead-based paint prior to demolition and removal of all improvements, and associated infrastructure. Following demolition, revegetate affected areas as needed. Resource Conduct invasive plant and animal management activities consistent with the Management: District's standard policies and procedures. Patrol: Routinely patrol the property utilizing existing roads. Roads and Maintain existing driveways in a serviceable condition in order to facilitate Trails: demolition and removal of all structures and improvements. Following demolition, determine which driveways should be maintained and which should be properly abandoned. Implement minor erosion and sediment control measures as needed to prevent erosions and water quality degradation. Site Safety Upon vacancy of cabins, clean up cabin area of property after purchase, Inspection: including removal and proper disposal of any hazardous materials or hazardous wastes found during clean up. Name: Name the property as an addition to Monte Bello Open Space Preserve. Dedication: Indicate your intention to withhold dedication of the subject property as public open space at this time. R-13-19 Page 5 CEQA COMPLIANCE Project Description The project consists of the purchase of 10.79-acre Lobner Trust property as an addition to the District's open space preserve system, and the concurrent adoption of a Preliminary Use and Management Plan for the property. The project also includes the eventual demolition of five cabins along Stevens Creek which will require pen-nits from the County. Under the proposed Preliminary Use and Management Plan, existing structures including the five small cabins will be demolished and removed after being vacated by the tenants. Minor erosion control and sediment control measures may be conducted at the cabin sites and along existing driveways as needed to prevent water quality degradation. Minor resource management activities may be conducted as needed to control invasive plants. The land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15301, 15316, 15317, 15325 and 15061 of the CEQA Guidelines as follows: Section 15301 exempts the repair, maintenance, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination, including the demolition of individual small structures. The project proposes demolishing the five cabins, performing minor erosion control work as necessary along existing roads, and performing minor restoration activities in order to return the structure demolition sites to a natural condition. Section 15316 exempts the acquisition of land in order to create parks if the land is in a natural condition and the management plan proposes to keep the area in a natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest in order to maintain the open space character of the property. This purchase qualifies under these four sections. The actions recommended in the Preliminary Use and Management Plan are also exempt under section 15061(b)(3), as there is no possibility the recommended actions will have a significant effect on the environment. TERMS AND CONDITIONS In December 2012, the District notified Wells Fargo Bank, as co-trustee of the Lobner Trust, of its intent to exercise its right of first offer to purchase the 10.79-acre Lobner Trust property at a price of$450,000, which will be paid on an all cash basis at the close of escrow. The purchase price is supported by a fair market appraisal prepared for the seller, and supported by recent sales of property in this market area. Santa Clara County Parks and Recreation Department staff has R-13-19 Page 6 agreed to recommend a contribution of one half(50%) of the purchase price, or$225,000. The County has previously approved similar funding agreements for the District's purchase of the former Keyani, Hall and Powell properties along the north side of Stevens Canyon and within the planning corridor for the extension to Stevens Creek Trail. This contribution is subject to the approval of the County Board of Supervisors. In exchange for this contribution, the District will grant the County a conservation easement over the 10.79-acre property requiring that the property be maintained in a natural condition for the conservation of natural habitat and wildlife, and for passive public recreational use. Approval of a funding agreement with the County and the conservation easement will come to you as a future agenda item. Since a funding agreement has not been approved by the County, the Board should make its purchase determination based upon payment of the full purchase price, although staff considers the County contribution highly likely. "As-Is" Purchase and Site Clean Up The property is being purchased on an "As-Is"basis. Staff has conducted due diligence investigations, including a review of Santa Clara County Planning, Building and Environmental Services records and files pertaining to the subject property as well as contacting Santa Clara Valley Water District, and is satisfied that no underground storage tanks or hazardous conditions exist on the property. The District has also commissioned a Phase I Environmental Site Assessment which will be completed before the close of escrow. Several abandoned vehicles adjacent to one of cabins and near the creek will need to be evaluated for potential leaking of fuels. Staff is recommending retaining the services of Cal-Western, a property management company that has managed the rental cabins on the Lobner Trust property for many years, until the structures are vacated. Staff will work with the existing residential tenants to reach amicable terms for vacating the property under the General Manager's authority. The demolition of all cabins and associated structures located on the subject property will be scheduled after tenants have moved from the property and County permits have been obtained. Preliminary demolition and site cleanup costs are estimated at $75,000. BUDGET CONSIDERATIONS 2012-2013 Budget for New Land Purchases: New Land (Mid-Year Adjusted Amount) $8,500,000.00 Land purchased this year 5,366,100.00) Lobner Trust Property 450,000.00) New Land Purchase Budget Remaining 2,683,900.00 District Controller Mike Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. R-13-19 Page 7 BOARD COMMITTEE REVIEW In order to meet the strict timeline requirements contained within the District's First Right of Offer this item was not presented to the Real Property Committee. PUBLIC NOTICE The residential tenants, Santa Clara County Parks and property owners of land located adjacent to or surrounding the subject property have been mailed a copy of the agenda for the public meeting at which the Board of Directors will consider this purchase. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with the close of escrow for the purchase of the property, and will take the next steps identified in the Preliminary Use and Management Plan contained in this report. The proposed funding agreement and conservation easement with Santa Clara County Parks will come to the Board as a future agenda item. Approval of a demolition and site cleanup contract will return to the Board as future agenda item. The District's Skyline Field Office will manage the property as an addition to Monte Bello Open Space Preserve. Attachments: 1. Resolution 2. Exhibit A: Location Map Prepared by: Michael Williams, Real Property Manager Allen Ishibashi, Real Property Specialist Contact person: Michael Williams Graphics prepared by: Alex Roa, GIS Intern ATTACHMENT 1 RESOLUTION 13-XX RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT AND ASSIGMENT OF LEASES, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE BELLO OPEN SPACE PRESERVE - LANDS OF LOBNER TRUST (DARLENE ANNETTE LOBNER) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Wells Fargo Bank, N.A., as successor in interest by merger to Wachovia Bank N.A., and Sandra Verbena Jones Hausle, as Co-Trustees for the benefit of Sofia Verbena Martin under the Will of Darlene Annette Lobner, also known as Darlene Lobner Martin and Darlene Lobner Stager, Deceased, as established by Decree of Distribution filed March 27, 2009 in Case No. 1-08-PR 162737 Santa Clara Superior Court and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire the real property described therein ("the Lobner Trust Property") Section Two. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $15,000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost-justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-teen basis. �I ,i•,• �r i s s •MountainNiew 85 C• cSJ ;Mop zi ..• _ Ord •.• �L Rancho San '� r - aq Antonio OSP Monte '� Bello �- Area of ,� —-- u -% Detail Lobner Parcel 10.79 Acres APN: 351-13-018 Upper Stevens Creek Park, (Santa Clar�aounty) m a: - 01 � `esc a c P J D _ � \ J T O O w t m R d 0 _ .. ° Saratoga Gap Stevens Creek Park ' Open Space Preserve (Santa Clara County) A �ti E • • Lobner Property Midpeninsula Regional Lobner Parcel Watershed Land Non MROSD Conservation Open Space District(MROSD) or Agricultural Easement MROSD Preserves Private Property ® MROSD Conservation Other Protected Open Space or Agricultural Easement November, 2012 or Park Lands Developed Land a Miles 0 0.225 0.111 While the District strives to use the best available digital data,this data does not represent a legal survey and is merely a graphic illustration of geographic features. I I tF Midpeninsula Regional ' Open Space District R-13-15 Meeting 13-02 January 23, 2013 AGENDA ITEM 6 AGENDA ITEM Appointment of Standing Committee Members for Calendar Year 2013 BOARD PRESIDENT'S RECOMMENDATION Approve the President's appointments to the Board Standing Committees as well as approve the appointments of Board representatives to other bodies, and determine the compensation status for attendance at Board Committee meetings. SUMMARY I Every year, the newly elected Board President appoints members to each of the Board's Committees. At its December 19, 2012 Special Board Meeting, the Board approved changes to the District's Committee structure and scheduling process and those changes are reflected in the appointments being made for Calendar Year 2013. DISCUSSION At its December 19, 2012 Special Board Meeting, the Board approved changes to the District's Committee structure and scheduling process due to the growth and size of the District and the complexity of its activities. The Board approved converting the Board Appointee Evaluation Committee into a Standing Committee, dissolving the Sierra Azul/Bear Creek Redwoods, Facilities, and Cooley Landing Ad Hoc Committees and combining them into the Planning and Natural Resources Committee (formerly named as the Use and Management Committee), and approved a Committee meeting schedule. The Board decided that it may create Ad Hoc Committees for a specific issue and that the Ad Hoc Committee must sunset no later than the end of each calendar year. The Board of Directors Rules of Procedure Sections 1.80 through 1.83 states that the Board President appoints Board members to annual Standing Committees and to represent the District on outside bodies, with the consent of the Board. The Rules of Procedures is currently being amended to reflect the decisions made by the Board at its December 19,2012 Special Board Meeting and will be brought forward to the Board in February for approval. As presently reconstituted, the five(5) Board Standing Committees are: i 1. Action Plan and Budget Committee (ABC) 2. Legislative, Funding and Public Affairs Committee (LFPAC) 3. Planning and Natural Resources (PNR) I r R-13-15 Page 2 4. Real Property Committee 5. Board Appointee Evaluation Following the Board's Rules of Procedure, Director Pete Siemens (Board Treasurer) will be assigned as one of the three members of ABC. At the January 19, 2013 Board meeting, the Board President appointed Directors Pete Siemens, Curt Riffle and Yoriko Kishimoto to ABC. Section 2.30 of the Board's Rules and Procedure states that all Standing Committees are compensable and compensability for attendance of Ad Hoc Committee meetings is determined on an annual basis by the Board. It is recommended that Board members be compensated for attendance at all Board Committee meetings, including any newly formed Ad Hoc Committees. It is further recommended that Board member attendance at the two outside bodies, the Bay Ridge Trail Council and California Joint Powers Insurance Authority(CaIJPIA), remain non-compensable. In accordance with California Public Resources Code Section 5536 and Section 2.30 of the Board's Rules and Procedures, each District Board member may receive compensation in an amount not to exceed one hundred dollars ($100) per day for each attendance at a Board meeting and no Board member may receive more than five hundred dollars ($500) compensation in any one calendar month. Accordingly, with seven Board members the maximum the Board could receive pursuant to state law is $42,000 per year. The District's current budget for Board meeting compensation has been and remains $25,000 per fiscal year. If it is determined that additional funds are required, a budget adjustment will be requested during the FY2013-14 Mid-year Budget review. The proposed committee assignments for 2013 are as follows: Action Plan and Budget: 0 Pete Siemens 9 Curt Riffle * Yoriko Kishimoto Planning and Natural Resources: * Jed Cyr 0 Larry Hassett * Curt Riffle Legislative, Fundini! and Public Affairs: 0 Nanette Hanko * Cecily Harris * Yoriko Kishimoto Real Property: • Nonette Hanko • Pete Siemens • Yoriko Kishimoto Board Appointee Evaluation: • Jed Cyr • Larry Hassett • Cecily Harris R-13-15 Page 3 As mentioned earlier in this report, the Board approved a Committee meeting schedule at its December 19, I-OAs mentioned earlier in this report, the Board approved a Committee meeting schedule at its December 19, 2012 Special Board Meeting. The Board approved the following Committee schedule: • First Tuesdays of the month: LFPAC • Second Tuesdays of the month: Real Property Committee • Third Tuesdays of the month: Planning and Natural Resources • Fourth and Fifth Tuesdays of the month: "Free" meeting dates available for Committee meetings. Due to the nature of the Action Plan and Budget Committee and the Board Appointee Evaluation Committee, these two committees will meet on an as-needed basis. FISCAL IMPACT There will be no new or incremental fiscal impact associated with this action. Board compensation for committee work is included in the annual budget and remains unchanged from the previous year. PUBLIC NOTICE Public Notice was provided pursuant to the requirements of the Brown Act. No further notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act (CEQA) and no environmental review is required. NEXT STEPS If approved, staff will prepare a new roster of Board Committee assignments for posting internally and on the District website. Staff is also updating the Board of Director's Rules and Procedures outlining the changes made to the Committee process and will bring the updates to the Board for approval in February. Responsible Department Manager: Ana Ruiz, Interim Assistant General Manager Prepared by: Michelle Radcliffe, District Clerk Steve Abbors, General Manager Contact person: Jed Cyr, Board President Midpeninsula Regional Open Space District R-13-14 Meeting 13-03 January 23, 2013 AGENDA ITEM 7 AGENDA ITEM Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2013 BOARD PRESIDENT'S RECOMMENDATION Approve appointment of Directors Jed Cyr, Larry Hassett, Curt Riffle and Cecily Harris to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority ("Authority") for Calendar Year 2013. DISCUSSION The Governing Board of the Authority consists of five members. In accordance with the Joint Powers Agreement and its bylaws, the District's Board President shall automatically be the Chairperson of the Authority. Three of the other four members are appointed by the Board President, to be selected from among the District's Board of Directors. The fifth member is the n a Clara Count Board of Supervisors whose district encompasses the greatest member of the Sat Y p p territory of the Midpeninsula Regional Open Space District, and who is appointed to the Board of the Financing Authority by the Chairman of the Board of Supervisors. Supervisor Joe Simitian was appointed to the Authority Board by the Santa Clara County Board of Supervisors on January 15, 2013, and will remain as the fifth member through the remainder of his term which expires at the end of 2016. BOARD COMMITTEE REVIEW Board Committee Review of this item is not required. FISCAL IMPACT There are no unbudgeted fiscal impacts associated with the recommended action. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. I. R-13-14 Page 2 CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). NEXTSTEP Once the Board has approved the appointments, the District staff will prepare a new roster of Financing Authority Board Members for internal posting. Prepared by: Michelle Radcliffe District Clerk Contact person: Jed Cyr, Board President I i i a i f Midpeninsula Regional ' Open Space District j i To: Board of Directors From: Stephen E. Abbors Date: January 23, 2013 Re: FYIs i i Midpeninsula Regional Open Space District For Imm ediate Release Date: January 7, 2013 Contact: Lallor Maune, 650-625-6566 District Conserves 952 Acres of Coastside Land with Purchase of Toto Ranch Rural San Mateo County Property Retains Grass Fed Grazing Lease with Current Tenant - Los Altos,California [January 3, 20131 The Midpeninsula Regional Open Space District has purchased Toto Ranch from Peninsula Open Space Trust, a long-standing partner with the District in land conservation. As part of this transaction, the District will continue leasing the residential and rangeland portions of the property to the Markegard family. "This property offers the District an opportunity to preserve the rural character and support local agriculture. The sustainable farming practices used at Toto Ranch resonate with the District's mission and we're excited to be integrating them into our land management program," said General Manager Steve Abbors. "In addition, by protecting the land and water that are the foundation of healthy ecosystems, we are doing our part to support the quality of life on the San Mateo coast." The 952.49-acre property is located along the east side of Highway I with over one mile of scenic frontage along the highway. Temporarily designated the Gordon Ridge Area of the Tunitas Creek Open Space Preserve, it takes its name from a natural formation, Gordon Ridge, at its southerly tip. The District purchased the property for$3.5-million from the Peninsula Open Space Trust (POST). In addition, the District will reimburse POST up to $275,000 for structure and infrastructure repairs and improvements to the property. Following the purchase, a conservation easement held by Coastside Land Trust to protect the scenic and natural habitat, agricultural production, and open space values of the property was assigned to POST. "When POST originally acquired this land from private owners in 2008, it was at risk for potential subdivision and development into private luxury estates. Now, thanks to our ongoing partnership with the District, this highly visible property along Highway I will remain permanently protected," said POST President Walter T. Moore. "This project presents a unique opportunity to continue existing agricultural activities on the land while maintaining vital natural resources. Eventually, through the District's management, this property will also provide exceptional outdoor recreation for the public." r r Animals grazing on Toto Ranch (with views of the Pacific Ocean in the background) Current Toto Ranch agricultural tenants, Erik and Doniga Markegard, who use the land to produce grass-fed beef and lamb, pastured pork, and herd-shared dairy, will continue leasing the property from the District. Long-time residents of the area, Erik Markegard, a sixth-generation cattle rancher, has managed and leased the property for 25 years. Doniga Markegard became involved in local agriculture through the Community Supported Agriculture (CSA) purchasing program and has a background in permaculture and holistic land management. "The Markegards provide the best of traditional and new grazing practices which will help to preserve the natural resources on the property" said Real Property Manager Mike Williams. I The Markegards, who sell their products under the label Markegard Family Grass-Fed through CSA, are excited about the lease. "Our partnership with Midpen allows us to fulfill what we've dreamed of accomplishing," said Doniga, noting the importance of the long-term lease offered by the District in planning. "It's the fruition of a 25-year dream and vision." The property also provides varied habitat for wildlife, from mammals such as bobcats to birds, including raptors like the Golden Eagle and insect-eating species such as the yellow warbler, and aquatic species such as California Red Legged Frogs and steelhead trout and Coho salmon in the Tunitas Creek watershed. The property will be closed to the public until it is incorporated in long-term planning efforts as part of Tunitas Open Space Preserve. In the future, docent-led hikes may be combined with Farm Days that allow the public to visit this scenic coastal property. Created by voters in 1972, the Midpeninsula Regional Open Space District has successfully protected more than 60,000 acres of open space. The District is a California special district governed by an elected board of directors. The Districts mission is to acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment, and provide opportunities for ecolog ically sensitive public enjoyment and education. www.openspace.org.