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Home My Public Portal About20120314 - Agenda Packet - Board of Directors (BOD) - 12-09 Midpeninsula Regional • ' Open Space District R 1 Meeting 12-09 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos,California 94022 Wednesday, March 14, 2012 REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M.* AGENDA REGULAR MEETING 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— PUBLIC SESSION I ROLL CALL ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA 7:05 CONSENT CALENDAR 1. Approve Minutes of the Regular and Special Board Meetings—February 8,2012 2. Approve Revised Claims Report 3. Approve Written Communications—None 7:10 SPECIAL ORDERS OF THE DAY 4. Resolution Acknowledging$10,000 Donation to District's General Fund from Justin Smith and Eliza Kienitz—R.Jurgensen 5. Resolution Honoring General Counsel Sue Schectman—Board President 7:30 BOARD BUSINESS 6. Authorization to Enter into Retainer Agreement for Legal Services with Shute, Mihaly and Weinberger, LLP,and Authorization to Enter into Reimbursement Agreement with Ridge Vineyards, Inc.—S. Sommer 7. Consider Adoption of an Addendum to the Mitigated Negative Declaration and Corrected Mitigation Monitoring Program for the El Corte de Madera Creek Parking/Staging Area and Trails Project in Accordance with the California Environmental Quality Act to Address San Mateo County's Required Changes to the Project—T. Hugg 7:30 BOARD BUSINESS(CONTINUED) 8. Consider Authorization to Amend a Contract with ARCADIS, Inc. (ARCADIS) for Engineering and Design Services to Address Caltrans Input and San Mateo Coun 's Required Changes to the El Corte de Madera Creek Parking/Stag Area and Trails Project—T. Hugg 9. Adoption of Mitigated Negative Declaration and Mitigation Monitoring,Program for implementation of Pond Management Plan Project at La Honda Creek Open Space Preserve—J. Andersen 10. Approval to apply for the California Department of Fish and Game Fisheries Restoration Grant Program for Ranch Road Upgrades, Improvements,and Abandonment within the Driscoll Ranch Area of La Honda Creek Open Space Preserve; and Approval of Provisional Landowner Access Agreement(Required for Grant Application)—J. Andersen 11. Approval of the Proposed Purchase of the Peninsula Open Space Trust(October Farm)Property located at 2200 Lobitos Creek Road in unincorporated San Mateo County(San Mateo County Assessor's Parcel Numbers 066-290-010,-030,and-050)as an addition to Purisima Creek Redwoods Open Space Preserve; Adoption of the Preliminary Use and Management Plan;Authorize the General Manager to file for Williamson Act Nonrenewal;and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act—M. Williams 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 T11B BOARD: The Chair 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,ifyou need assistance to participate in this meeting,please contact the District Clerk at(650)691-I200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICATION OF POSTING OF AGENDA I,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Special and Regular Meeting of the MROSD Board of Directors Authority was posted and available for review on March 9,2012,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 htip://www.oyensr)ace.org. Signed this 9°i day of March,at Los Altos,California. District Clerk March 9,2012 i Claims No. 12-05 Meeting 12-09 Date 3/14/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 17070 $19,892.89 Schafer Consulting Consulting Services-Integrated Accounting&Financial Software Selection, Evaluation&Implementation 17071 $16,108.15 Patsons Media Group Printing Services-Spring Newsletter/Brochures/Geocache Booklet 17072 $11,407.50 County Of Santa Clara- Services Related To Design,Installation& Maintenance Of A Communications Department Two Way Radio System 17073 $9,740.00 Gehrels Construction New Doors&Windows-Rental Residences 17074 $9,041.37 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 17075 $8,285.00 Timothy C.Best,CEG Engineering Geological Services-Mindego Gateway Project 17076 $8,044.67 Design Concepts Graphic Design Services-Brochures/Spring Newsletter 17077 $4,627.50 Fall Creek Engineering Design Services For Ponds DR07&DR08 At La Honda Creek 17078 $3,812.85 Callander Associates Landscape Design&Remediation Work For Ravenswood Lot Area Architecture 17079 $3,785.83 Priority 1 Public Safety Equipment Lightbar For New Patrol Truck/Outfit New Patrol Truck With Code 3 Equipment 17080 $3,445.00 Normal Data Consulting Services-Contact&Citation Databases 17081 $3,275.00 MCB Remodeling Brick Path Repair-Rental Residence 17082 $2,790.00 Stallings Painting Company Paint Hosking Barn Garage Exterior 17083 $2,610.17 LSA Associates Environmental Consulting Services-Midego Gateway Project 17084 $2,315.00 Complete Pest Control Pest Control Services-Rental Residence 17085 $2,200.00 Minh Le Leadership Consulting Services 17086 $2,007.93 Accountemps Accounting Temp 17087 $1,979.00 South Bay Regional Public Safety Defensive Tactics Training 17088 $1,920.00 The Davey Tree Expert Company Tree Pruning-Black Mountain Campsite 17089 $1,897.00 The Weed Wrench Company Weed Wrenches 17090 $1,800.00 D&J Plumbing Repairs-Rental Residence 17091 $1,700.00 Green Waste Two Debris Boxes For Shed Debris At The Chestnut Orchard& Beatty Property Cleanup 17092 $1,690.00 Aaron's Septic Tank Service Pumping Services-Pump Vaults At DHF, RSA,Upper Windy Hill, Russian Ridge&Skyline Ridge 17093 $1,602.07 Office Depot Office Supplies/Battery For Computer Backup/Storage Cabinet /Copy Paper/Binders/Notebooks/Three Hole Punch/Label Dividers 17094 $1,504.68 The Sign Shop Assorted District Signs,Sign Decals&Miscellaneous Preserve Signage 17095 $1,500.00 San Mateo County Fire Department Brushing At Long Ridge 17096 $1,325.72 "1 San Mateo County Planning&Building Permit Fee-Peter's Creek Bridge Replacement Project Department 17097 $1,302.42 Sol's Mobile Service Vehicle Maintenance&Repairs 17098 $1,250.00 Dr. Frank Benest Professional Services-Executive Coaching 17099 $1,248.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System 17100 $1,245.31 Peckham&McKenney Recruitment Expenses-General Counsel Search 17101 $1,200.00 # Woodside Portola Patrol Patrol Services-Hawthorn Property 17102 $1,200.00 California Environmental Management Consulting Services-Consultant Work To Assure Safety Service Company Compliance For Fuel Tanks 17103 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 17104 $1,156.97 Costco Break Room&Office Supplies/Computer Supplies/Storage Boxes 17105 $994.55 Stevens Creek Quarry Rock For Various Roads&Trails Around Skyline Area 17106 $973.51 Life Assist First Aid Supplies 17107 $950.00 Koff&Associates Classification&Compensation Study Services 17108 $917.74 Congdon,Bunny Lodging&Mileage-Accounting Department Support Page 1 of 4 Claims No. 12-05 Meeting 12-09 Date 3/14/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 17109 $900.00 Liebert Cassidy Whitmore Employment Consortium Membership&Legal Services 17110 $897.74 Palo Alto Upholstery Maintenance Trucks-Seat Repairs 17111 $822.88 School Outfitters Office Furniture For The Annex 17112 $774.00 Diamond Quality Printing Mailing Services-Winter Newsletter 17113 $744.38 Carpenter Rigging Of San Jose Shop Supplies-FFO/Supplies To Construct Barriers On Trails 17114 $675.00 Econo Tree Service Tree Trimming At Beatty Property 17115 $616.00 The Office Of The Sheriff-Contra Defensive Tactics Training Costa County 17116 $600.63 Voiss,Sue Reimbursement-Public Agency Risk Management Association Conference Expenses 17117 $600.00 # Town Of Portola Valley Permit For Demolition Of Sheds On Hawthorn Property 17118 $585.38 Arranged 4 Comfort Ergonomic Chair 17119 $583.09 Tadco Supply Janitorial Supplies 17120 $559.10 Metro Mobile Communications Radio Repair,Antennas&Microphones 17121 $547.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 17122 $530.28 Target Specialty Products Landscaping Supplies 17123 $505.90 Forestry Suppliers Tools&Storage Boxes For SFO Shop 17124 $505.52 Summit Uniforms Uniform Expenses 17125 $505.00 Tactical Training Associates Defensive Tactics Training 17126 $500.00 City Of Palo Alto-Police Department Defensive Tactics Training 17127 $475.47 Pape' Machinery Parts For Tractors 17128 $445,83 Orchard Supply Hardware Field Supplies/Vacuum&Accessories-SAO/Portable Heaters-SAO/Supplies To Repair SFO Floor 17129 $442.85 The Workingman's Emporium Uniform Expenses 17130 $412.58 Bolle,Ken Reimbursement-Uniform Expenses 17131 $400.00 Pete Siemens Director Fees 17132 $400.00 Lance Bayer Legal Update Training For Patrol Staff 17133 $396,80 Gardenland Power Equipment Field Supplies/Oil Filter&Exhaust Pipe Protector For Log Splitter/Supplies For Windy Hill Gate 17134 $389.01 Beckman,Craig Reimbursement-Uniform Expense 17135 $378.00 American Red Cross CPR/AED Training 17136 $370.56 Recology South Bay Dumpster Service-FFO 17137 $300.00 Larry Hassett Director Fees 17138 $300.00 Nonette Hanko Director Fees 17139 $300.00 Jed Cyr Director Fees 17140 $300.00 Yoriko Kishimoto Director Fees 17141 $284.06 Firestone Complete Auto Care Tire Repair&Tire For Trailer 17142 $261.00 Del Rey Building Maintenance Janitorial Supplies&Building Maintenance-AO 17143 $256,50 ADT Security Services Alarm Service-SFO 17144 $250.00 PERS Public Agency Coalition Annual Membership 17145 $225.00 # Shelton Roofing Company Roof Repair-Rental Residence 17146 $216.11 Madco Welding Supplies 17147 $200.00 Cecily Harris Director Fees 17148 $200.00 Curt Riffle Director Fees 17149 $199.88 G&K Services Shop Towel Service-SFO&FFO 17150 $194.84 Carlson,Kerry Reimbursement-Uniform Expenses 17151 $194.33 FedEx Shipping Charges 17152 $179.74 JaVelco Equipment Service Parts For Compactor 17153 $170.66 Barron Park Supply Plumbing Supplies For RSA 17154 $165.00 Lund, Pearson,McLaughlin Fire AO-Quarterly Fire Sprinkler Inspection Protection Systems Page 2 of 4 Claims No. 12-05 Meeting 12-09 Date 3/14/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 17155 $162.00 Binkley Associates Consulting Services-Alma-Presentation Water System Study 17156 $150.96 Radcliffe,Michelle Reimbursement-Mileage 17157 $150.00 Tony Dorsa Consulting Services To Ensure Compliance With California Air Resources Board Diesel Regulations 17158 $137.72 San Jose Water Company Water Service-Rental Residence 17159 $126.77 CMK Automotive Vehicle Maintenance&Repairs 17160 $120.62 Redwood General Tire Company Tire Balance&Front End Alignment For Patrol Truck 17161 $110.31 Mission Trail Waste Systems Garbage Service-AO 17162 $109.00 Coastal Sierra Internet Service-SFO 17163 $103.92 The Sign Shop Vehicle Decals 17164 $102.29 California Water Service Company Water Service-Rental Residences 17165 $99.53 Pine Cone Lumber Lumber For Deer Hollow Farm Project 17166 $97.50 Topley, David Reimbursement-California Association Of Public Purchasing Officials Membership 17167 $89.72 Allied Waste Services Garbage Service-Rental Residences 17168 $88.80 Chung,Jean Reimbursement-Mileage 17169 $75.00 Baldzikowski,Matt Reimbursement-Certified Professionals In Erosion And Sediment Control Membership 17170 $71.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 17171 $70.49 Ishibashi,Allen Mileage 17172 $64.06 Harrington Industrial Plastics Water Filters For Rental Residences 17173 $62.18 McKowan, Paul Reimbursement-Business Lunch With Data Base Consultant 17174 $60.63 Protection One Fire System Alarm Inspection&Monitoring-AO 17175 $60.00 Sanguinetti,David Reimbursement-Cell Phone 17176 $43.00 Allen's Press Clipping Bureau Clipping Service 17177 $37,50 Smutnak,Greg Reimbursement-Park Rangers Association Of California Membership Dues 17178 $36.07 Reed,Steve Reimbursement-Uniform Expenses 17179 $34.89 # California Water Service Company Water Service-AO&Windy Hill 17180 $24.57 O'Reilly Auto Parts Halogen Bulbs For Maintenance Trucks 17181 R $3,559,000.00 ## First American Title Company Land Acquisition-POST October Farm 17182 R $24,352.00 # Hathaway Dinwiddie Hawthorn Site Stabilization 17183 R $3,600.00 IDEAL Property Damage Repair Mold Remediation-Rental Residence 17184 R $3,010.89 Home Depot Field Supplies/Materials For Rental Residence Repairs/Tools For FFO Shop/DHF Field Supplies/Supplies For RSA! Supplies For FFO Rain Gutters/Lumber For Barriers/Supplies For Gate Repair/Supplies For Volunteer Fence Project 17185 R $2 972.80 *2 San Mateo Count Planning&Building Grading Permit Fee-ECDM Staging Area Project Y 9 9 9 9 1 Division 17186 R $2,570.94 *3 Jensen Precast K-Rails To Make Bins For FFO Maintenance Yard 17187 R $2,191,32 Sol's Mobile Service Vehicle Repairs&Service 17188 R $1,672.42 Gardenland Power Equipment Field Supplies/SFO Shop Supplies/Spark Plugs/Brush Knives /Chainsaw 17189 R $1,645,00 Security Code 3 Security Patrol Service At Mt.Umunhum 17190 R $1,609.29 Grainger Gloves/Power Cord Reel For SFO Shop/Ultrasonic Cleaner For Tools/Square Sockets 17191 R $1,574.48 Gehrels Construction Repairs At POST October Farm Rental Residence 17192 R $1,125.00 MCB Remodeling Replace Shower Stalls&Fix Windows At Rental Residence 17193 R $267.76 Petty Cash Mileage/Car Wash/Parking Fees/Business Related Meals- IAFS Trainings 17194 R $212.29 Lab Safety Supply Safety Signs/Fire Extinguisher Box For FFO 17195 R $190.54 Green Waste Garbage Service-SFO Page 3 of 4 Claims No. 12-05 Meeting 12-09 Date 3/14/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 17196 R $100.00 Felidae Conservation Fund Honorarium For Volunteer/Docent Enrichment Training 17197 R $77.10 *4 Commuter Check Services Commuter Check Program-Transit Passes 17198 R $18.90 Robert's Hardware Field Supplies Total $3,772,157.37 *1 Urgent check issued 3/9/12 *2 Urgent check issued 3/12/12 *3 Urgent check issued 3/12/12 *4 Urgent check issued 3/12/12 # Hawthorn expense and urgent check issued 3/8/12 # Hawthorn expenses ## In the event agenda item is not approved,this claim will not be processed I Page 4 of 4 lv Claims No. 12-05 Meeting 12-09 Date 3/14/12 Midpeninsula Regional Open Space District # Amount Name Description 17070 $19,892.89 Schafer Consulting Consulting Services-Integrated Accounting&Financial Software Selection, Evaluation&Implementation 17071 $16,108.15 Patsons Media Group Printing Services-Spring Newsletter/Brochures/Geocache Booklet 17072 $11,407.50 County Of Santa Clara- Services Related To Design, Installation& Maintenance Of A Communications Department Two Way Radio System 17073 $9,740.00 Gehrels Construction New Doors&Windows-Rental Residences 17074 $9,041.37 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 17075 $8,285.00 Timothy C. Best,CEG Engineering Geological Services-Mindego Gateway Project 17076 $8,044.67 Design Concepts Graphic Design Services-Brochures/Spring Newsletter 17077 $4,627.50 Fall Creek Engineering Design Services For Ponds DR07&DR08 At La Honda Creek 17078 $3,812.85 Callander Associates Landscape Design&Remediation Work For Ravenswood Lot Area Architecture 17079 $3,785.83 Priority/ Public Safety Equipment Lightbar For New Patrol Truck/Outfit New Patrol Truck With Code 3 Equipment 17080 $3,445.00 Normal Data Consulting Services-Contact&Citation Databases 17081 $3,275.00 MCB Remodeling Brick Path Repair-Rental Residence 17082 $2,790.00 Stallings Painting Company Paint Hosking Barn Garage Exterior 17083 $2,610.17 LSA Associates Environmental Consulting Services-Midego Gateway Project 17084 $2,315.00 Complete Pest Control Pest Control Services-Rental Residence 17085 $2,200.00 Minh Le Leadership Consulting Services 17086 $2,007.93 Accountemps Accounting Temp 17087 $1,979.00 South Bay Regional Public Safety Defensive Tactics Training 17088 $1,920.00 The Davey Tree Expert Company Tree Pruning-Black Mountain Campsite 17089 $1,897.00 The Weed Wrench Company Weed Wrenches 17090 $1,800.00 D&J Plumbing Repairs-Rental Residence 17091 $1,700.00 Green Waste Two Debris Boxes For Shed Debris At The Chestnut Orchard& Beatty Property Cleanup 17092 $1,690.00 Aaron's Septic Tank Service Pumping Services-Pump Vaults At DHF,RSA, Upper Windy Hill, Russian Ridge&Skyline Ridge 17093 $1,602.07 Office Depot Office Supplies/Battery For Computer Backup/Storage Cabinet /Copy Paper/Binders i Notebooks/Three Hole Punch/Label Dividers 17094 $1,504.68 The Sign Shop Assorted District Signs,Sign Decals&Miscellaneous Preserve Signage 17095 $1,500.00 San Mateo County Fire Department Brushing At Long Ridge 17096 $1,325.72 *1 San Mateo County Planning&Building Permit Fee-Peter's Creek Bridge Replacement Project Department 17097 $1,302.42 Sol's Mobile Service Vehicle Maintenance&Repairs 17098 $1,250.00 Dr.Frank Benest Professional Services-Executive Coaching 17099 $1,248.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System 17100 $1,245.31 Peckham&McKenney Recruitment Expenses-General Counsel Search 17101 $1,200.00 # Woodside Portola Patrol Patrol Services-Hawthorn Property 17102 $1,200.00 California Environmental Management Consulting Services-Consultant Work To Assure Safety Service Company Compliance For Fuel Tanks 17103 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 17104 $1,156.97 Costco Break Room&Office Supplies/Computer Supplies/Storage Boxes 17105 $994.55 Stevens Creek Quarry Rock For Various Roads&Trails Around Skyline Area 17106 $973.51 Life Assist First Aid Supplies 17107 $950.00 Koff&Associates Classification&Compensation Study Services 17108 $917.74 Congdon,Bunny Lodging&Mileage-Accounting Department Support Page 1 of 3 Claims No. 12-05 Meeting 12-09 Date 3/14/12 Midpeninsula Regional Open Space District # Amount Name Description 17109 $900.00 Liebert Cassidy Whitmore Employment Consortium Membership&Legal Services 17110 $897.74 Palo Alto Upholstery Maintenance Trucks-Seat Repairs 17111 $822.88 School Outfitters Office Furniture For The Annex 17112 $774.00 Diamond Quality Printing Mailing Services-Winter Newsletter 17113 $744.38 Carpenter Rigging Of San Jose Shop Supplies-FFO/Supplies To Construct Barriers On Trails 17114 $675.00 Econo Tree Service Tree Trimming At Beatty Property 17115 $616.00 The Office Of The Sheriff-Contra Defensive Tactics Training Costa County 17116 $600.63 Voiss,Sue Reimbursement-Public Agency Risk Management Association Conference Expenses 17117 $600.00 # Town Of Portola Valley Permit For Demolition Of Sheds On Hawthorn Property 17118 $585.38 Arranged 4 Comfort Ergonomic Chair 17119 $583.09 Tadco Supply Janitorial Supplies 17120 $559.10 Metro Mobile Communications Radio Repair,Antennas&Microphones 17121 $547.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 17122 $530.28 Target Specialty Products Landscaping Supplies 17123 $505.90 Forestry Suppliers Tools&Storage Boxes For SFO Shop 17124 $505.52 Summit Uniforms Uniform Expenses 17125 $505.00 Tactical Training Associates Defensive Tactics Training 17126 $500.00 City Of Palo Alto-Police Department Defensive Tactics Training 17127 $475.47 Pape' Machinery Parts For Tractors 17128 $445.83 Orchard Supply Hardware Field Supplies/Vacuum&Accessories-SAO/Portable Heaters-SAO/Supplies To Repair SFO Floor 17129 $442.85 The Workingman's Emporium Uniform Expenses 17130 $412.58 Bolle, Ken Reimbursement-Uniform Expenses 17131 $400.00 Pete Siemens Director Fees 17132 $400.00 Lance Bayer Legal Update Training For Patrol Staff 17133 $396.80 Gardenland Power Equipment Field Supplies/Oil Filter&Exhaust Pipe Protector For Log Splitter/Supplies For Windy Hill Gate 17134 $389.01 Beckman,Craig Reimbursement-Uniform Expense 17135 $378.00 American Red Cross CPR/AED Training 17136 $370.56 Recology South Bay Dumpster Service-FFO 17137 $300.00 Larry Hassett Director Fees 17138 $300.00 Nonette Hanko Director Fees 17139 $300.00 Jed Cyr Director Fees 17140 $300.00 Yoriko Kishimoto Director Fees 17141 $284.06 Firestone Complete Auto Care Tire Repair&Tire For Trailer 17142 $261.00 Del Rey Building Maintenance Janitorial Supplies&Building Maintenance-AO 17143 $256.50 ADT Security Services Alarm Service-SFO 17144 $250.00 PERS Public Agency Coalition Annual Membership 17145 $225.00 # Shelton Roofing Company Roof Repair-Rental Residence 17146 $216.11 Madco Welding Supplies 17147 $200.00 Cecily Harris Director Fees 17148 $200.00 Curt Riffle Director Fees 17149 $199.88 G&K Services Shop Towel Service-SFO&FFO 17150 $194.84 Carlson, Kerry Reimbursement-Uniform Expenses 17151 $194.33 FedEx Shipping Charges 17152 $179.74 JaVelco Equipment Service Parts For Compactor 17153 $170.66 Barron Park Supply Plumbing Supplies For RSA 17154 $165.00 Lund, Pearson, McLaughlin Fire AO-Quarterly Fire Sprinkler Inspection Protection Systems Page 2 of 3 Claims No. 12-05 Meeting 12-09 Date 3/14/12 Midpeninsula Regional Open Space District # Amount Name Description 17155 $162.00 Binkley Associates Consulting Services-Alma-Presentation Water System Study 17156 $150.96 Radcliffe,Michelle Reimbursement-Mileage 17157 $150.00 Tony Dorsa Consulting Services To Ensure Compliance With California Air Resources Board Diesel Regulations 17158 $137.72 San Jose Water Company Water Service-Rental Residence 17159 $126.77 CMK Automotive Vehicle Maintenance&Repairs 17160 $120,62 Redwood General Tire Company Tire Balance&Front End Alignment For Patrol Truck 17161 $110.31 Mission Trail Waste Systems Garbage Service-AO 17162 $109.00 Coastal Sierra Internet Service-SFO 17163 $103,92 The Sign Shop Vehicle Decals 17164 $102.29 California Water Service Company Water Service-Rental Residences 17165 $99.53 Pine Cone Lumber Lumber For Deer Hollow Farm Project 17166 $97.50 Topley, David Reimbursement-California Association Of Public Purchasing Officials Membership 17167 $89.72 Allied Waste Services Garbage Service-Rental Residences 17168 $88.80 Chung,Jean Reimbursement-Mileage 17169 $75.00 Baldzikowski,Matt Reimbursement-Certified Professionals In Erosion And Sediment Control Membership 17170 $71.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 17171 $70.49 Ishibashi,Allen Mileage 17172 $64.06 Harrington Industrial Plastics Water Filters For Rental Residences 17173 $62.18 McKowan,Paul Reimbursement-Business Lunch With Data Base Consultant 17174 $60.63 Protection One Fire System Alarm Inspection&Monitoring-AO 17175 $60.00 Sanguinetti,David Reimbursement-Cell Phone 17176 $43.00 Allen's Press Clipping Bureau Clipping Service 17177 $37.50 Smutnak,Greg Reimbursement-Park Rangers Association Of California Membership Dues 17178 $36.07 Reed,Steve Reimbursement-Uniform Expenses 17179 $34.89 # California Water Service Company Water Service-AO&Windy Hill 17180 $24.57 O'Reilly Auto Parts Halogen Bulbs For Maintenance Trucks Total $166,966.64 *1 Urgent check issued 3/9/12 # Hawthorn expense and urgent check issued 3/8/12 # Hawthorn expenses Page 3 of 3 RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RECOGNIZING JUSTIN SMITH'S AND ELIZA KIENITZ'S GENEROUS DONATION OF $10,000 WHEREAS,Justin Smith and Eliza Kienitz have generously donated $10,000 to the Midpeninsula Regional Open Space District in memory of Jenny and Jim Kienitz; and WHEREAS, the funds will contribute toward purchasing,permanently protecting, and restoring lands forming a regional open space greenbelt; and WHEREAS, the funds will further help the District preserve unspoiled wilderness, wildlife habitat, watershed, viewshed, and fragile ecosystems, and provide opportunities for low- intensity recreation and environmental education; and WHEREAS, it is because of donors such as Justin Smith and Eliza Kienitz that the District has been able to permanently preserved over 60,000 acres of mountain, foothill, and bayland open space, creating 26 open space preserves. NOW, THEREFORE, BE IT RESOLVED that the Midpeninsula Regional Open Space District does hereby gratefully accept the donation of$10,000 from Justin Smith and Eliza Kienitz, and offers its sincere gratitude and appreciation to the donors for their commitment to open space preservation and to maintaining our region's quality of life through the protection of natural habitats, wildlife, scenic values, and our other irreplaceable natural resources. RESOLUTION 1.2-09 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING SUE i SCHECTMAN UPON THE OCCASION OF HER RETIREMENT WHEREAS, Sue Schectman has been the District's General Counsel for the last 17 years and has announced her plans to retire; and WHEREAS, Sue has unfailingly brought her passion, intelligence, knowledge and wit to bear in defense of the interests of the District and the public; and WHEREAS, Sue was instrumental in helping the District expand its jurisdictional boundary to the San Mateo County coastside which added 220 square miles to the District, and further helped in that effort by campaigning on her own time on weekends until the Coastside Protection Program was approved by the San Mateo County LAFCo; and regarding h Coastside WHEREAS Sue litigated three court casesthe g Protection Program on behalf of the public, prevailed on all three on all grounds and was upheld in the California Supreme Court; WHEREAS, Sue assembled a group of open space district lawyers who each submitted amicus briefs in support of the Riverside County Park District which eventually led to a California Supreme Court decision that affirmed that land acquired by an open space district is not automatically dedicated; and WHEREAS, Sue has defended claims for access easement rights to roads over preserves, such as a claim of a right to build a road through Coal Creek; and WHEREAS, Sue persevered in the exceedingly difficult negotiations that established Bear Creek Redwoods Open Space Preserve; and WHEREAS, Sue obtained an Attorney General opinion establishing the extent of peace officer powers of District rangers so that they can cite outside preserves for infractions they observe while on duty; and WHEREAS, Sue reviewed hundreds of Board reports, drafted countless agreements, analyzed a host of draft CEQA documents, and served as an in-house therapist to many in fulfilling her duties as General Counsel; and WHEREAS, Sue's tenure at the District began with the initiation of the CEQA process at Mount Umunhum and concludes with a subsequent CEQA process at Mount Umunhum which paves the way for the public to have access to that remarkable location; and WHEREAS, Sue reviewed and revised Volunteer Program procedures and agreement forms to ensure that the safety and rights of the District, staff and volunteers were always protected; and WHEREAS, Sue consistently provided her guidance, counsel and support to the District Board and staff who deeply appreciated her ability to remain calm in challenging situations, her creative approach to resolving disputes and her contributions to making the District an enjoyable, collaborative place to work; and WHEREAS, Sue leaves behind a record of solid accomplishment that will be her lasting legacy in the District's history, and WHEREAS, Sue will be sorely missed by all of her colleagues and friends at the District; NOW, THEREFORE, BE IT RESOLVED, that the Directors of the Midpeninsula Regional Open Space District unanimously and enthusiastically congratulate Sue on her well-deserved retirement, look back on her accomplishments with gratitude and awe and wish her all the best for the future. Midpeninsula Regional Open Space District R-12-31 Meeting 12-09 March 14, 2012 AGENDA ITEM 6 AGENDA ITEM Authorization to Enter into Retainer Agreement for Legal Services with Shute, Mihaly and Weinberger, LLP, and Authorization to Enter into Reimbursement Agreement with Ridge Vineyards, Inc. GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize the General Manager to enter into a retainer agreement with Shute, Mihaly and Weinberger, LLP for legal services necessary for the proposed land exchange at Monte Bello Open Space Preserve, for$67,100 plus a eleven (11) percent contingency of$7,900, for an amount not to exceed $75,000. 2. Authorize the General Manager to enter into agreement with Ridge Vineyards, Inc. to reimburse the Midpeninsula Regional Open Space District for legal services costs necessary for the proposed land exchange at Monte Bello Open Space Preserve. SUMMARY A qualified law firm is needed to draft the formal exchange agreement, conservation easement, agricultural easement, and other transactional documents that form the basis for the proposed exchange of property interests between the Midpeninsula Regional Open Space District(District) and Ridge Vineyards, Inc. (Ridge) at Monte Bello Open Space Preserve (Preserve). Legal service tasks may also include CEQA review, negotiation and tasks necessary to closing the transaction. The General Manager, with the concurrence of the General Counsel, recommends retaining Tamara Galanter with the law firm of Shute, Mihaly and Weinberger, LLP to perform this work. Ridge Vineyards, Inc. has verbally agreed to reimburse the District for the costs incurred. The recommended action also includes authorizing the General Manager to enter into a formal reimbursement agreement with Ridge for this purpose. No legal services would be provided to the District until a reimbursement agreement is signed by Ridge Vineyards, Inc. DISCUSSION A land and easement exchange between the District and Ridge along the southeastern edge of Monte Bello Open Space Preserve has been contemplated for many years to remedy the approximately two-acre winery encroachment at the Preserve that existed when the District purchased the property in 1974, to protect the scenic rural and undeveloped landscape along R-12-31 Page 2 Monte Bello Ridge from future development, and to support compatible agriculture within the District's boundaries. The potential District exchange land above Water Wheel Creek Trail was historically used for vineyards but is now in a mostly natural condition with remnants of old rootstock vines detectable in some areas. The potential Ridge exchange property includes the balance of its production winery building, land already under vineyard cultivation, and land in a natural condition, all situated along the top of Monte Bello Ridge in full view of thousands of acres of public land at Monte Bello, Skyline Ridge and Long Ridge Open Space Preserves, as well as Upper Stevens Creek County Park. If developed, these lands could resemble other nearby hilltop estates with large, visible residences. Since Santa Clara County has no ordinances that regulate viticultural development on Monte Bello Ridge, any exchange transaction needs to include appropriate measures to protect natural resource and recreational values in the Preserve. Consequently, the potential fee and easement exchange is highly complex, with the exchange transaction documents and environmental review components needing to be internally consistent throughout. Although shown on Real Property Department Action Plans for several years, work on the project was deferred due to staffing constraints associated with higher priority projects. The proposed Ridge land exchange is shown as a key project for the Real Property Department for Fiscal Year 2012-13. In light of staff s current workload and the retirement of the General Counsel, staff is proposing to retain an outside legal firm to draft the formal exchange agreement, conservation easement, agricultural easement, and other transactional documents that form the basis for the proposed exchange of property interests between the District and Ridge at the Preserve. The attorney will also undertake other tasks necessary to bring the proposed project through to closing including responding to and resolving any issues raised by Ridge's legal counsel pertaining to the terms of the exchange documents. The General Counsel carefully evaluated attorneys with the specialized legal expertise necessary to perform this work. Referrals were sought from contacts at sister agencies, and hourly rates were considered. Tamara Galanter of Shute, Mihaly and Weinberger was identified as the most- qualified attorney available to assist the District on this complex transaction. Ms. Galanter, a partner at Shute, Mihaly and Weinberger, specializes in public sector and public interest land use and environmental law. She counsels and litigates on behalf of public entities, non-profits, community groups and environmental organizations concerning environmental and land use matters, including the California Environmental Quality Act(CEQA), real estate transactions, conservation easements, development agreements, general plan law, and public agency administration. She has drafted and negotiated real estate purchase agreements, option agreements, and conservation easements to protect agricultural and viticultural land in her role as counsel to the Tri-Valley Conservancy and the City of Livermore. Staff has worked with Ms. Galanter to tailor the scope of work and budget so that legal services are used in the most effective and efficient manner. The retainer agreement with Shute, Mihaly and Weinberger will specify that invoices shall not exceed $67,100 without prior written authorization. However once the draft transactional documents are prepared, it is not possible now to know exactly how much time will be needed to negotiate and respond to comments from Ridge and Ridge's attorney. A basic budget for drafting, negotiation and response has been included in the above amount, and the purpose of the 11 percent contingency is to allow for additional negotiation/response time if necessary to come to agreement with Ridge Vineyards, Inc. R-12-31 Page 3 Ridge has reviewed Ms. Galanter's qualifications and concurs with the recommended attorney selection. To expedite the project, Ridge has agreed to reimburse the District for the cost of retaining Ms. Galanter. The parties have agreed that the reimbursement agreement will specify that Ridge Vineyards, Inc. will reimburse the District for legal services costs related to the proposed land exchange, up to an amount of$75,000. No work under the retainer agreement with Ms. Galanter will occur until the reimbursement agreement is signed. FISCAL IMPACT With Ridge's proposed reimbursement of District legal costs as described herein, no fiscal impact to the District will occur. Although not anticipated, in the event that legal costs need to exceed the amount specified in the reimbursement agreement and are likely not to be fully reimbursed, staff would return to the Board of Directors for direction. Any additional legal services needed to complete the contemplated exchange agreement with Ridge Vineyards, Inc. could be funded under the proposed Fiscal Year 2012-13 Real Property Department's Land Protection budget, if necessary. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. Once the transactional documents have been completed, a report describing the proposed project, along with any required environmental review, will be released for Board and public review. CEQA COMPLIANCE The proposed retainer agreement and reimbursement agreement do not constitute a project under CEQA. Implementation of the future land exchange which is the subject of the transactional documents, should it occur, will be subject to full environmental review under CEQA. NEXT STEPS Upon Board approval, the General Manager will enter into the retainer agreement and reimbursement agreement as discussed above. Prepared by: Sandy Sommer, Senior Real Property Planner Contact person: Sandy Sommer, Senior Real Property Planner Midpeninsula Regional Open Space District A R-12-15 Meeting 12-09 March 14, 2012 AGENDA ITEM 7 AGENDA ITEM Approval of an Addendum to the Mitigated Negative Declaration and Corrected Mitigation Monitoring Program for the El Corte de Madera Creek Parking/Staging Area and Trails Project (Project) in Accordance with the California Environmental Quality Act to Incorporate San Mateo County's Required Project Modifications GENERAL MANAGER'S RECOMMENDATION Approve an Addendum(see Attachment 1) and corrected Mitigation Monitoring Program (see Attachment 2) to the Mitigated Negative Declaration for the El Corte de Madera Creek Parking/Staging Area and Trails Project (Project) in accordance with the California Environmental Quality Act (CEQA) to incorporate the San Mateo County Planning Commission's conditions of approval for the Project and correct a clerical error. SUMMARY Over the last ten years, Midpeninsula Regional Open Space District(District) has worked to establish a formal parking area for El Corte de Madera Creek Open Space Preserve (Preserve). The proposed project includes a staging area and four(4) phases of trail construction and site restoration. The staging area phase of the project has been under San Mateo County permit review since June 2010. The San Mateo County Planning Commission (Commission)held two hearings on the project on May 25, 2011, and January 25, 2012. The Commission approved the project at its January 25t" meeting with conditions of approval that require modifications to the pen-nit drawings. In accordance with CEQA, it is appropriate to reflect technical project modifications in an Addendum to the Mitigated Negative Declaration that was approved by the Board on February 10, 2010 (see Report R-10-01). A discussion and analysis of the project modifications are contained in the attached Addendum. DISCUSSION Pen-nit drawings for the staging area project were submitted to San Mateo County in June 2010. Because the project is located within a scenic corridor, Skyline Boulevard/Highway 35, it is subject to San Mateo County Planning Commission review. The project had its first hearing before the Commission on May 25, 2011. Commission direction required further analysis and coordination among District, County, and Caltrans staff, which resulted in technical modifications to the project. The Commission approved the project at its January 25, 2012 R-12-15 Page 2 meeting with conditions of approval that require modifications to the permit drawings and an Addendum to the CEQA document. CEQA allows an addendum to an adopted negative declaration to be prepared if only minor technical changes or additions are necessary, or if none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration have occurred. The attached Addendum analyzes the technical modifications to the original El Corte de Madera Creek Parking/Staging Area and Trails Project. The modifications are as follows: 1. Move the proposed driveway entrance 100 feet south (see Attachment 4). It is important to note that the relocated driveway entrance exceeds all of Caltrans' sight distance requirements for safe vehicle ingress and egress from the driveway(see Attachments 3 and 6). In addition, the relocation results in less overall project grading and less tree removal. 2. Add 800 feet to the proposed trail located north of the project's proposed pedestrian crossing (see Attachment 5). This proposed trail connects the crossing with the existing Bay Area Ridge Trail located north of Skyline Boulevard/Highway 35. 3. Clarify and coordinate San Mateo County and Caltrans' tree replacement requirements and downsize replacement trees from 15-gallon plants to 1-gallon plants and locate these largely on District lands instead of along Highway 35 as initially required by Caltrans. This modification necessitates a modification of the associated Mitigation Measure AESTH-1 regarding the size of replacement trees. In preparing the Addendum, it was noticed that Mitigation Measures HAZ-1 through HAZ-4, contained in the Mitigated Negative Declaration approved by the Board on February 10, 2010, were inadvertently omitted from the associated Mitigation Monitoring Program due to a clerical error. Approval of the attached Mitigation Monitoring Program (see Attachment 2)will correct this omission. See below for further discussion regarding CEQA compliance. FISCAL IMPACT The FY2011-12 and proposed FY2012-13 budgets contain funds to cover the costs associated with this work, including the engineering services necessary for bidding and construction. BOARD COMMITTEE RECOMMENDATION No recent Board Committee activity to report. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. R-12-15 Page 3 CEQA COMPLIANCE Staff completed a Mitigated Negative Declaration for the project, which the District Board of Directors adopted on February 10, 2010. A Notice of Determination was filed with the San Mateo County Clerk Recorder on February 16, 2010. The proposed Addendum to the Mitigated Negative Declaration addresses modifications to the proposed driveway entrance, the length of one trail, and the replacement tree size and location, as described above. Staff concludes that, with these modifications, the conclusions set out in the Mitigated Negative Declaration regarding potential adverse impacts arising from the project remain valid. No modification exceeds any threshold of significance established in the Mitigated Negative Declaration. The project will not result in new environmental effects or a substantial increase in the severity of previously identified environmental effects. Also, there is no new information of substantial importance to indicate that the modified project or modified mitigation measure will have new significant effects, that the significant effects examined in the Mitigated Negative Declaration will be significantly more severe, or that new mitigation measures are now available to substantially reduce one or more potentially significant effects of the project. Therefore, it was determined that the environmental review for the El Corte de Madera Creek Open Space Preserve Parking/Staging Area and Trails Project is adequate and consequently no subsequent Negative J 9 q Y q g Declaration is necessary pursuant to Section 15162 of the CEQA guidelines. NEXT STEPS Upon approval by the Board of Directors, staff will continue with the permitting process, and assuming no further delays,proceed to bid out and construct the staging area this calendar year. Attachments 1. Board Resolution and Technical Addendum 2. Mitigation Monitoring Program 3. Analysis Letter dated January 6, 2012 4. Driveway Comparison Map 5. Cross Over Trail Corridor Map 6. Hexagon's Supplemental Memorandum dated July 25, 2011 Prepared by: Tina Hugg, Open Space Planner III Contact person: Same as above R-12-15 Page 4 RESOLUTION NO. 12-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING AN ADDENDUM TO THE APPROVED MITIGATED NEGATIVE DECLARATION INCLUDING A MODIFIED MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE EL CORTE DE MADERA CREEK PARKING/STAGING AREA AND TRAILS PROJECT AT EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE I. On February 10, 2010 the Board of Directors of the Midpeninsula Regional Open Space District (District) adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring Program for the El Corte de Madera Creek Parking/Staging Area and Trails Project(Project) as set forth in Agenda Report R-10-35. II. A Technical Addendum was prepared for the Project pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000 et seq.) and the CEQA Guidelines (14 Cal. Code. Regulations sections 15000 et seq.). NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that, pursuant to the attached Technical Addendum, the attached corrected Mitigation Monitoring Program, and Section 15162 of the CEQA guidelines, the Board of Directors finds that: 1. The Project as modified does not: 1) Propose substantial changes that would require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Result in substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial 'increase in the severity of previously identified significant effects; or 3) Introduce new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Mitigated Negative Declaration was adopted, that shows any of the following: a) The project will have one or more significant effects not discussed in the previous Mitigated Negative Declaration; b) Significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or R-12-15 Page 5 d) Mitigation measures or alternatives, which are considerably different from those analyzed in the previous Mitigated Negative Declaration, would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 5. The Board has considered the Technical Addendum and finds that, on the basis of the whole record before it, including the Technical Addendum, MND, initial study, and any comments received, that there is no substantial evidence that the Project will have a significant effect on the environment. 6. The Board finds that mitigation measure AESTH-1, as drafted, should be modified as shown below. The measure shown below includes the original terms of measure AESTH-I with new text highlighted in bold double underline and deleted text shown in bold strikeout. The modified measure will be more effective in mitigating potential significant effects because the new measure increases the chances of plant establishment and success. The tree planting required by AESTH-I will cause no potentially significant effect on the environment. The modified measure is as follows: "JESTH-1. Repleee trees that need te We reft-W-ved,whieh are, both !org_ inehes in d flam-0-40-tv at -breast height 083c] In"Ok"d 00 &at &Pam Sky-IT"qu I- - Boulevard, at a Sol PnAo using 19 gallon size r-edivOW ff"alysis and the surve, p, ared tor the prejeet5 three trees have4vown identified that are empeeted to require repinee-Mente one Douglas fir redwoods measuring 365 20 and 48 --i-n-e-116-ess in dii-meter at breast height� V0SPeQtiNTb'- The ReW tfeeS IAQ hO iReff-POr-StOd the landsesping pariki"g lot and p1seed withi" ORA halt mole of the site, no eloser tha-H-424-46-04 filso-M-1 the travel NvRY5 one] n" a,"-p- then Four (4) feet above the . : 8V0a#=Q0fft0hti"g embank-t—ne.ka. Tree replacement_r_eqmirement: Replace tree that need to be removed with twenty-five (25) 1-gallon size redwood trees. The new trees will be incorporated into the landscaping plan for the parking lot and will be located mainly withinDistrict lands. This replacement meets the tree replacement requirements of Caltrans and San Mateo County." 7. The Board adopts the Technical Addendum and detennines that it reflects the District's independent judgment and analysis. 8. The Board detennines that the Mitigation Monitoring Program it approved on February 10, 2010 is hereby amended to incorporate Mitigation Measure AESTH-I as modified herein. 9. The Board hereby adopts and approves the corrected Mitigation Monitoring Program that includes Mitigation Measures HAZ-I through HAZ-4 which were inadvertently omitted due to a clerical error. 10. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are located at the offices of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California 94022. ATTACHMENT 1 Technical Addendum Pursuant to California Environmental Quality Act Guideline15164 El Corte de Madera Creek Open Space Preserve Parking/Staging Area and Trails Project 1. Introduction This Addendum was prepared in order to identify and analyze the modifications to the Mitigated Negative Declaration for the project known as El Corte de Madera Creek Parking/Staging Area and Trails Project. This Addendum has been prepared pursuant to Section 15164 of the CEQA guidelines to make minor technical additions and clarifications to the Mitigated Negative Declaration, which the District Board of Directors adopted on February 10, 2010 in connection with adoption of a Use and Management Plan Amendment for El Corte de Madera Creek Open Space Preserve. Section 15164 provides in pertinent part as follows: (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration have occurred. Staff has determined that none of the conditions described in Section 15162 requiring preparation of a subsequent Negative Declaration have occurred. (See Section 4. Conclusion) 2. Project Modifications: The modifications to the original project adopted for the El Corte de Madera Creek Parking/Staging Area and Trails Project, are as follows: 1. Moving the proposed driveway entrance 100 feet south. 2. Adding800 feet to the proposed trail located north of the ro'ect s proposed P P p J p p pedestrian crossing. This proposed trail connects the crossing with the existing Bay Area Ridge Trail located north of Skyline Boulevard/Highway 35. 3. Downsizing replacement trees from 15-gallon plants to 1-gallon plants and locating these largely on District lands instead of along Highway 35 as initially required by Caltrans. 3. Analysis: Staff reviewed the Mitigated Negative Declaration in conjunction with the project modifications and has determined that the modifications described in this Addendum would not result in any new or significant adverse environmental impacts not previously 4 discussed in the MND, nor increase the severity of any previously identified potential significant impact. The proposed changes would either result in less disturbance to the natural condition of the project area or further reduce potential impacts to the environment. Analysis of the project modifications is as follows: Modification to Driveway Entrance Location As a condition of approval, the San Mateo County Planning Commission has required that the driveway entrance be moved 100 feet south. For the purposes of this Addendum, the driveway entrance location initially submitted as part of the permit application is referred to as the North Driveway and the modified driveway entrance location as the South Driveway. Sight distance was thoroughly analyzed in the Mitigated Negative Declaration, which concluded that there would be no potential traffic hazard from the North Driveway since the entrance exceeds applicable sight distance requirements. Therefore, no mitigation measure was needed as no hazard exists. This conclusion is equally applicable to the South Driveway, which similarly exceeds applicable sight distance requirements. The District's traffic engineering consultant, Hexagon Transportation Consultants (Hexagon), conducted a thorough safety and line of sight analysis of the South Driveway. Hexagon's analysis confirms that the South Driveway similarly exceeds Caltrans' required lines of sight and will operate safely. Hexagon's supplemental memorandum dated July 25, 2011 confirms this conclusion (Memorandum from Hexagon to Tina Hugg, Open Space Planner, July 25, 2011). The relocation of the driveway entrance to the south will result in less environmental disturbance than the North Driveway location. Even though potential project impacts have already been mitigated to a less than significant level, the South Driveway is shorter than the North Driveway and there is 15% less overall grading. Due to existing topography, a new culvert is required to improve drainage, but the small area of disturbance for the culvert still would result in less grading overall for the South Driveway a compared t the North Driveway. In addition no change in grading e ay s co pa ed o y g gr g would be necessary for the staging area itself as relocation of the driveway entrance would not change the design of the staging area. I Since the distance between the North and South Driveway entrances is only 100 feet, the habitat and biological conditions surrounding both driveways are identical and j contain the same tree species. However, the South Driveway would require the removal of 11 fewer trees than the North Driveway due to the more open nature and lack of understory trees and other vegetation at the South Driveway entrance location. Based on the preceding analysis, the conclusion reached in the approved Mitigated Negative Declaration remains valid. No new environmental effects or a substantial increase in the severity of previously identified environmental effects would result from the South Driveway entrance location. Modifications to the Replacement Tree Size and Planting Locations I i The South Driveway requires 11 fewer trees overall to be removed than the North Driveway, which is a bettennent to the project. In addition, the tree replacement requirements for San Mateo County and Caltrans were clarified during the permit review process, which resulted in one mitigation measure being modified. San Mateo County requires that one replacement tree be planted for every tree removed within 100 feet of a scenic corridor(Skyline Boulevard). Caltrans requires five (5) replacement trees be planted for every significant tree(with a diameter of 12"or greater) removed within its right-of-way. These two areas of tree planting overlap. As a result, both agencies' requirements apply since the right-of-way area is located within the jurisdiction of both agencies. However, the San Mateo County Planning Department has determined that the replacement trees that satisfy Caltrans' replacement tree requirement may be credited towards the San Mateo County requirement given Caltrans' more stringent tree replacement ratio of 5:1 versus 1:1. For this project, of the 16 trees anticipated to be removed within 100 feet of Skyline Boulevard, five (5) are also considered significant trees within Caltrans' right-of-way. Therefore, 25 new trees are necessary to meet Caltrans' 5:1 replacement ratio for these five(5) significant trees. The County requires 16 new trees to satisfy its 1:1 replacement ratio for all 16 trees within 100 feet of Skyline Boulevard. Because Caltrans' 25 new trees can be credited toward the County's requirement, the County's requirement has been more than satisfied. No additional new trees are necessary beyond the 25 new trees. Based on field analysis and the survey map prepared for the project, the five(5) trees identified that are expected to require replacement within the Caltrans right-of-way are the following: one Douglas fir, two redwoods, and two coast live oaks measuring 52, 50, 40, 23 and 16 inches in diameter at breast height, respectively. Both Caltrans and San Mateo County initially required 15-gallon replacement trees. However, based on decades of direct field experience, District restoration ecologists concluded that smaller sized plants are more likely to result in successful establishment, since the younger plants adapt better to their environment, respond more quickly after transplanting, and grow more vigorously than larger trees. Smaller trees often catch up to and surpass the growth of trees planted at a larger size since they have a large root mass relative to their size and suffer less from transplant shock. Based on this input, both the San Mateo County Planning Commission and Caltrans approved downsizing replacement trees from 15-gallon plants to 1-gallon plants. The change in size enhances the existing mitigation measure by increasing the chances of plant establishment and success. In addition to approving the modification to the replacement tree size, after the June 24, 2011 field visit with County and District staff, and considering the dense tree canopy along Skyline Boulevard, Caltrans informed the District of its preference that replacement trees be located within District lands instead of along the highway within one half mile of the project site as originally required by Caltrans. Proposed landscape areas within the project site will provide more ace and light for the new trees. The P J p p g new planting location enhances the existing mitigation measure by increasing the chances of plant establishment and success. Because the smaller replacement tree size and new planting location result in a betterment to an existing mitigation measure, the conclusion reached in the approved Mitigated Negative Declaration remains valid. No new environmental effects or substantial increase in the severity of previously identified environmental effects would result from the smaller replacement tree size or new planting location for these new trees. Based on the above analysis and information, mitigation measure AESTH-I in the Mitigated Negative Declaration and Mitigation Monitoring Program is revised as follows. The measure shown below includes the original terms of measure AESTH-I with new text highlighted in bold double underline and deleted text shown in bold strikeout. "JESTH-I. Rep'nee rees that needto be remove-1 _h!oragerm thain 4"maipw at:16...st height and 19ented within 400 feet&om gk�4ine Boulevard, ratio using 45 go!!@" size redwood trees-Based on field analysis Ond the -a- prepared fe-F the projeet,three trees havO id-e-n-tified that are empoeted to replamments one Dongla-s fikr andi two_ Fe-d—o-a-d-s mensuring 36, diameter at breast height,respeetively-Whe new tre-es-Aill be- in-eq-taperated i"to landsesping plan&r-the P8121king lot and pifteed withi-n- - - 0 0- A-6 9:16an 3"Gpk f�"na tha knom 01 way, and no eloser th— foup(4) feet ftheve the eantho"ing embankme" Tree replacement requirement: Replace trees that need to be removed with twenty-five(25) 1-gallon size redwood trees.The new trees-will-lik incorporated into the landscaping plan for the parking lot and will be located mainly within District lands. This -Aacku=t meets the tree replacement requirements of Caltrans and San Mateo County." Trail Length Revision The proposed trail on the north side of the proposed pedestrian crossing passes through California Water Service Company property and in the Mitigated Negative Declaration was estimated to be approximately 350 feet in length. Field verification of site conditions (including the actual location of the Bay Area Ridge Trail to which this proposed trail will be connected) and existing topography have refined the trail design approach to further minimize environmental impact. Increasing the proposed trail length from 350 feet to approximately 1,150 feet will keep the average slope of the trail at 8% to minimize erosion and water quality impacts by facilitating proper surface drainage and preventing water from concentrating on the trail surface. The surrounding habitat and the relationship of the trail to the terrain and to the adjacent roadway are not affected by this change in design. The modification in length does not cross areas that differ biologically from those previously analyzed and no sensitive species are present. Therefore, the conclusion reached in the approved Mitigated Negative Declaration remains valid. No new environmental effects or a substantial increase in the severity of previously identified environmental effects would result from the additional length of the trail. 4. Conclusion This analysis establishes that the project modifications do not require further environmental review, as they do not: 1. Propose substantial changes that would require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Result in substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. Introduce new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Mitigated Negative Declaration was adopted, that shows any of the following: a. The project will have one or more significant effects not discussed in the previous Mitigated Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives, which are considerably different from those analyzed in the previous Mitigated Negative Declaration, would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Staff concludes that, with these modifications, the conclusions set out in the Mitigated Negative Declaration regarding potential adverse impacts arising from the project remain valid. No modification exceeds any threshold of significance established in the Mitigated Negative Declaration. The project will not result in new environmental effects or a substantial increase in the severity of previously identified environmental effects. Also, there is no new information of substantial importance to indicate that the modified project will have new significant effects, that the significant effects examined in the Mitigated Negative Declaration will be significantly more severe, or that new mitigation measures are now available to substantially reduce one or more potentially significant effects of the project. Therefore, it was determined that the environmental review for the El Corte de Madera Creek Open Space Preserve Parking/Staging Area and Trails Project is adequate and consequently no subsequent Negative Declaration is necessary pursuant to Section 15162 of the CEQA guidelines. I ATTACHMENT 2 Rely iU nai OpenSpace ( MidpeninsudkE# Reg if;na 1 Open Space District i MITIGATION MONITORING PROGRAM El Corte de Madera Creek Parking/Staging Area and Trails Project El Corte de Madera Creek Open Space Preserve San Mateo County, CA I' February 10, 2010 Corrected March 14,2012 p Mid peninsula Regional Open Space District P � p 330 Distel Circle Los Altos, CA 94022 650-691-1200 I MITIGATION MONITORING PROGRAM CONTENTS This mitigation monitoring program (MMP) includes a brief discussion of the legal basis and purpose of the program, a key to understanding the monitoring matrix, discussion and direction regarding noncompliance complaints, and the mitigation monitoring matrix itself. g g P p g g LEGAL BASIS AND PURPOSE OF THE MITIGATION MONITORING PROGRAM � Public Resources Code (PRC) 21081.6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying an environmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. MONITORING MATRIX The following pages provide a series of tables identifying the mitigations incorporated into the El Corte de Madera Creek Parking/Staging Area and Trails Project (Project) at El Corte de Madera Creek Open Space Preserve. These mitigations are reproduced from the Mitigated Negative Declaration for the project. The columns within the tables have the following meanings: Number: The number in this column refers to the Initial Study section where the mitigation is discussed. Mitigation: This column lists the specific mitigation identified within the Mitigated Negative Declaration. Timing: This column identifies at what point in time, review process, or phase the mitigation will be completed. The mitigations are organized in roughly chronological order relative to the time of implementation. Who will This column references the District department that will ensure implementation of verify? the mitigation. Agency/ This column references any public agency or District department with which Department coordination is required to ensure implementation of the mitigation. California Consultation: Department of Fish and Game is listed as CDFG. Verification: This column will be initialed and dated by the individual designated to confirm implementation. NONCOMPLIANCE COMPLAINTS Any person or agency may file a complaint asserting noncompliance with the mitigation measures associated with the Project. The complaint shall be directed to the District's General Manager in written fonn, providing specific information on the asserted violation. The General Manager shall cause an investigation and determine the validity of the complaint; if noncompliance with a mitigation has occurred, the General Manager shall cause appropriate actions to remedy any violation. The complainant shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance issue. I of 9 Who will Department Verification Number Mitigation Tinting (Date& verify? or Agency Consultation Initials) VERIFY COMPLETION PRIOR TO START OF CONSTRUCTION Mitigation Mitigation incorporated into project for in Section aesthetics: I(b): AESTH-I. New trees will be incorporated into the Planning Operations and/or project construction documents for the Planning(Resource at breast height and le eated within 4 0 parking lot. Mgmt Specialist) survey map prepared for the projeet,Hit replacement.- one Douglas p9rated i##9 the landscaping plan for the and no closer than four-(4) feet above the . .it areas containing Tree replacement requirement: Replace trees that need to be removed with twenty-five (25) 1-gallon size redwood trees.The new trees will be incorporated into the landscaping plan for the parking lot and will be located mainly within District lands. This replacement meets the tree replacement requirements of Caltrans and San Mateo County. Mitigations Mitigation incorporated into project for special- in section status plant species: IV(a): BIO-1. Focused plant surveys for each species listed Prior to start of construction, surveys in Planning Operations and/or in Table IV(I) shall be conducted prior to initial the project area will be conducted. If Planning(Resource ground breaking to determine the species' presence any special status plant species are Mgmt Specialist) 2 of 9 Who will Department Verification Number Mitigation Tinning (Date& verify? or Agency Consultation Initials) or absence in areas that would be disturbed by found,areas supporting the species will construction and earth movement activities. If any be avoided where feasible. If a special- CDFG(if required) special status plant species are found, areas status plant specimen and its required supporting the species shall be avoided, where habitat conditions are found within the feasible. Work shall not start if a special-status plant impact area a plan detailing on-site specimen and its required habitat conditions are mitigation will be developed based on found within the impact area while a plan detailing consultation with CDFG. Construction on-site mitigation is developed based on consultation work will not start until such plan has with CDFG. Construction work may start once such been approved by CDFG. plan has been approved by CDFG. Mitigation incorporated into proiect for special- status animal species—Cooper's and sharp- shinned hawks: BIO-2.The three to four month construction period Pre-construction surveys will be Planning Operations and/or for each project component would occur between the conducted by a qualified biologist after Planning(Resource months of April and October due to County breeding season has begun and no more Mgmt Specialist) restrictions on the timing of earthwork operations than 30 days prior to construction to determi ne if are raptors nesting in the and thus would overlap the raptor breeding season p g project area. If nests of these species are (April through August).Therefore,pre-construction found,noise-generating construction surveys shall be conducted by a qualified biologist activity will be postponed within '/mile after breeding season has begun and no more than 30 of the nest until the young birds have days prior to construction to determine if raptors are fledged. nesting in the project area. If nests of these species are found,no noise-generating construction activities shall occur within '/ mile of the nest. Activities will be postponed until all young are fledged. Mitigation incorporated into proiect for special- status animal species—Migratory bird species: BI0-3. The three to four month construction period If suitable avian nesting trees are Planning Operations and/or for each project component would occur between the proposed for removal during the Planning(Resource breeding season,a qualified biologist 3 of 9 i Verification Number Mitigation Timing Who will Department (Date& verify? or Agency Consultation Initials) months of April and October due to County will conduct pre-construction nesting Mgmt Specialist) restrictions on the timing of earthwork operations bird surveys within 30 days of the onset and thus would overlap the migratory bird breeding of any construction activity. If bird season(April through August). If suitable avian nests are observed, an appropriate buffer zone will be established around nesting trees are proposed for removal during the all active nests.Removal of trees, snags, breeding season, a qualified biologist should conduct or woody shrubs with identified avian pre-construction nesting bird surveys within 30 days nests will be postponed until all young of the onset of any construction activity. The are fledged. preconstruction survey should search all trees and snags greater than 6 inches DBH and all shrubs taller than 8 feet proposed for removal. If bird nests are observed,an appropriate buffer zone will be established around all active nests to protect nesting adults and their young from construction disturbance. Removal of trees, snags, or woody shrubs with identified avian nests shall be postponed until all young are fledged. Mitigation incorporated into project for special- status animal species—San Francisco dusky- footed woodrat: BIO-4. A qualified biologist shall conduct San A qualified biologist will conduct Planning Operations and/or Francisco dusky-footed woodrat nest surveys prior to surveys prior to initial ground breaking. Planning(Resource initial ground breaking to determine the presence or If feasible, disturbance of nests will be Mgmt Specialist) absence of nests in areas that would be disturbed by avoided by routing the trail and by construction and earth movement activities. If staging construction-related equipment CDFG(if required) feasible, disturbance of woodrat nests shall be and materials away from known nest avoided by routing the trail and by staging sites. If avoidance of nests is not construction-related equipment and materials away feasible, CDFG will be consulted from known nest sites. If avoidance of San Francisco regarding the possibility of relocating dusky-footed woodrat nests is not feasible,CDFG the nests outside of the work area. will be consulted regarding the possibility of relocating the nests outside of the work area. 4of9 Who will Department Verification Number Mitigation Timing (Date& verify? or Agency Consultation Initials) Mitigations Mitigation incorporated into proiect for cultural in section resources: V(b): CULT-L Implementation of the following measure Verify that a qualified archaeological Planning Planning(Project will reduce potential impacts to cultural and monitor is present during Cultural Resources historical resources in the proposed driveway area, construction of the access road. Specialist) including buried and unknown archeological, paleontological, and human remains,to a less-than- significant level: • Due to the observation of one isolated lithic artifact and two potential lithic artifacts within the vicinity of the proposed driveway, all initial ground disturbance activities during construction of the driveway shall be monitored by a qualified archaeological professional. If cultural and/or historical resources are encountered during construction,the measures outlined in CULT-2 shall be followed. Mitigation incorporated into proiect for cultural resources: CULT-2. Implementation of the following measure Verify that a qualified archaeological Planning Planning(Project will reduce potential impacts to cultural and monitor is present during construction Cultural Resources historical resources in the proposed driveway area, of the access road. Specialist) including buried and unknown archeological, paleontological, and human remains,to a less-than- significant level: • If cultural and/or historical resources are If cultural and/or historical resources Planning Planning(Project encountered during construction, every are encountered during construction, Cultural Resources reasonable effort shall be made to avoid the work will stop within 50 feet of the find Specialist) resources. Work shall stop within 50 feet of until a qualified cultural and/or the find until a qualified cultural and/or historical resources expert can assess 5 of 9 I Who will Department Verification Number Mitigation Timing (Date& verify? or Agency Consultation Initials) historical resources expert can assess the the significance of the find. significance of the find. • A reasonable effort will be made by the A reasonable effort to protect the find Planning Operations(Field and District to avoid or minimize harm to the will be made until significance is Ranger staff) discovery until significance is determined determined and an appropriate and an appropriate treatment can be treatment can be identified and identified and implemented. Methods to implemented protect finds include fencing and covering remains with protective material such as culturally sterile soil or plywood. • If vandalism is a threat, 24-hour security If vandalism is determined a threat,24- Planning Operations(Field and shall be provided. hour security will be provided. Ranger staff) • Construction operations outside of the find location can continue during the significance evaluation period and while mitigation for cultural and/or historical resources is being carried out,preferably with a qualified cultural and/or historical resources expert monitoring any subsurface excavations. • If a resource cannot be avoided,a qualified If a resource cannot be avoided, a Planning Planning(Project cultural and/or historical resources expert qualified cultural and/or historical Cultural Resources will develop an appropriate Action Plan for resources expert will develop an Specialist) treatment to minimize or mitigate the adverse appropriate Action Plan. Construction effects.The District will not proceed with activities will not occur within 100 feet construction activities within 100 feet of the of the find until the Action Plan has find until the Action Plan has been reviewed been reviewed and approved. and approved. • The treatment effort required to mitigate the The recovery effort will be detailed in a Planning Planning(Project inadvertent exposure of significant cultural professional report in accordance with Cultural Resources and/or historical resources will be guided by current professional standards. Any Specialist) a research design appropriate to the non-grave associated artifacts will be discovery and potential research data curated with an appropriate repository. inherent in the resource in association with 6of9 Who will Department Verification Number Mitigation Timing (Date& verify? or Agency Consultation Initials) suitable field techniques and analytical strategies.The recovery effort will be detailed in a professional report in accordance with current professional standards. Any non-grave associated artifacts will be curated with an appropriate repository. • Project construction documents shall include A requirement that project personnel Planning Planning(Project a requirement that project personnel shall not shall not collect cultural and/or Cultural Resources collect cultural and/or historical resources historical resources encountered during Specialist) encountered during construction.This construction will be incorporated into measure is consistent with federal guideline project construction documents. 36 CFR 800.13(a) for invoking unanticipated discoveries. Mitigation Mitigation incorporated into project for cultural in section resources: V(d) CULT-3. If human remains are uncovered during If human remains are uncovered during Planning Operations(Field and project construction,the District will immediately project construction,the District will Ranger staff)and/or halt work, contact the San Mateo County Coroner to immediately halt work,contact the San Planning(Project evaluate the remains, and follow the procedures and Mateo County Coroner to evaluate the Cultural Resources protocols set forth in§15064.5(e)of the CEQA remains. Caltrans' Cultural Resource Specialist) Guidelines(California Code of Regulations,Title 14, Studies Office,District 4,shall also be Division 6, Chapter 3, Sections 15000-15387). The contacted immediately. District will immediately notify the California San Mateo County(if Department of Transportation Cultural Resource The County Coroner will make a required) Studies Office,District 4 at(510)286-5618. No determination of origin and disposition further disturbance of the site,the area within 50 feet within two working days from the time Native American of the site,or any nearby area reasonably suspected the Coroner is notified of the discovery. Heritage Commission to overlie adjacent remains shall occur until the (if required) County Coroner has made a determination of origin If the remains are determined to be and disposition,which shall be made within two Native American,the Coroner will working days from the time the Coroner is notified of notify the Native American Heritage the discovery,pursuant to State Health and Safety Commission(NAHQ within 24 hours Code Section 7050.5 and Public Resources Code which will determine and notify the 7 of 9 Verification Who will Department Number Mitigation Timing (Date& verify? or Agency Consultation Initials) Section 5097.98. If the remains are determined to be Most Likely Descendant(MLD). Native American,the Coroner will notify the Native American Heritage Commission(NAHC)within 24 Within 48 hours of notification,the hours, which will determine and notify the Most MLD may recommend the means of Likely Descendant(MLD). The MLD may treating or disposing of, with recommend within 48 hours of their notification by appropriate dignity,the human remains the NAHC the means of treating or disposing of,with and grave goods. In the event of appropriate dignity, the human remains and grave difficulty locating a MLD or failure of goods. In the event of difficulty locating a MLD or the MLD to make a timely failure of the MLD to make a timely recommendation,the human remains recommendation,the human remains and grave and grave goods shall be reburied with goods shall be reburied with appropriate dignity on appropriate dignity on the property in a the property in a location not subject to further location not subject to further subsurface disturbance. subsurface disturbance. The mitigation under section V(b)calls for stopping work and evaluating significance if an artifact find is made,which will also reduce the potential for disturbance of human remains. j�1tjP.atl411 Mitigation incorporated into project for cultural in Section resources: HA7,1. All eauipment to be used during This requirement will be pig Ong construction must have an approved spark incorporated into project arrestm construction documents. HAT,-2. Cut grass and reduce fuels around Crass will be cut and fuels reduced construction sites where vehicles are allowed to around the construction site where UJUL vehicles are allowed p nark. HA7,3. Minimize use of mechanical construction Mann* ment wring hot,dry,windy weather Mechanical construction equipment will be limited during HAZ-4. Hired contractors shall he required to: hot, dry,windy weather. i) provide water to suppress potential Planning fires caused by the work performed. These requirements will be ii) Remind workers that smoking is incorporated into proiect 8 of 9 Who will Department Verification Number Mitigation Timing (Date& verify? or Agency Consultation Initials) prohibited at the work site and on construction documents. any District land per contract conditions and District Ordinance. iii) Maintain working ABC fire extinguishers on all vehicles in the work area. iv) Contact both Mountain View Dispatch at(650)968-4411 and the California Department of Forestry. kvlonda.at(650)851-1860 for emergency response in the event of a fire(these numbers are to report emergencies only). 9 of 9 Attachment 3: Analysis Letter WVRA, VANA{sF, OpenSpace 6C, 0 0-0 P F C I OR January 6, 2012 Surniner Burlison, Project Planner Sari Mateo County Planning and Building 455 County Center, 2nd Floor Redwood City,CA 94063 RE: El Corte de Madera Creek Staging Area Project County File Number PEN 2010-00184 (Midpeninsula Regional Open Space District) Dear Ms. Burlison: In response to the San Mateo County Planning Commission's direction at its meeting of May 25, 2011,the District has undertaken additional analysis to address issues raised by the Commissioners. The purpose of this letter is to surninarize this analysis and respond to questions posed by the Commission and by County Planning Staff in preparation for the Commission's second hearing on the project scheduled for January 25, 2012. Pursuant to the Commission's direction to further evaluate potential safety issues and to consult with Caltrans, on June 24, 2011, District staff conducted an on-site visit at the location of the proposed staging area and driveway with County and Caltrans staff. As a result of this site visit,a principal issue discussed by County staff and Caltrans staff was the potential relocation of the driveway entrance to the staging area. While on site, County and Caltrans staff reviewed site conditions and discussed the potential and the advantages of moving the proposed driveway 100 feet further south from its initially proposed location. The District has analyzed the potential environmental and safety effects of relocating the proposed driveway entrance 100 feet south of the currently proposed location. For the purposes of this letter, the original driveway location will be referred to as the North Driveway and the alternate driveway location as the South Driveway. The District's traffic engineering consultant, I lexagon Transportation Consultants(Hexagon), conducted a thorough safety and line of site analysis of the South Driveway. Hexagon's analysis confirrns that the South Driveway exceeds Caltrans' required lines of sight and will operate safely. Hexagon's initial site distance analysis of this location was conducted using the following methodology to reach its conclusion: "A sight distance analysis consists of measuring the available sight distance ftoin Sk'Wine Boulevard to the proposed ennylexit1crossing and comparing it to the minim on distance necessary for a vehicle traveling on Skyline Boulevard to be able to stop in time, if necessary, after seeing a vehicle or person. Figures 6A and 6B show the locations oJ*the various entry1exit/crossingpoints and relevant sight distances discussed belovt% D:I4!C-I Co I oti Alt, ('A ri,4(Q2 t} U I VV The Caltrans Highw(iy Design Manual specifies minimum required sight distances as a function of vehicle speed. Vehicle speed is, in turn, ajunction cif the radius of the horizontal curveqI'the roadway, The process for determining the adequacy of available sight distance is as.1611ows. For each relevant location: o The radius of urvature of the upstream curve is determined. o The corresponding design speed, using the Caltrans Highway Design Manual, Table 203.2 is calculated. o The design speed is factored upward by 20perceni. o For roadway segments without curves the maximum speed is assumed to be 65 mph, which is 10 mph over the speed limit. o The minimum safe stopping sight distance associated with the maximum speed, using ng Caltrans Highway Design Manual, Table 201.1 is calculated. o The available stopping sight distance for oncoming vehicles is measured in the field. o The available sight distance is compared to the minimum sqfe stopping sight distance to determine ifsqfftcient sight distance is available. The horizontal curvatures near the project driveway and near the proposed pedestrian crossing were obtained fromCaltrans roadway plans. The available sight distance was measured in the field. The results of the sight distance analysis are summarized in Table 3, and discussed below. Sight Distance at the Project Driveway. Curves are present on the roadway segments north and south of the project driveway. North of the project driveway, the maximum speed was determined to be 49 mph. The required minimum stopping sight distance for this maximum speed(per Caltrans Highway Design Manual, Table 201.1) is 415 feet. South of the project driveway, the maximum speed was determined to be 38 mph. The required minimum stopping sight distance for this location is 280.feet. Entering Left-Turn Vehicles For entering left turning vehicles(Figure 6A), the line of 6A NORTH 6B sight is approximately 447.feet. Since the available line of sight (44 7feet) is greater than the minimum stopping sight distance(415feet), the sight distance at this location is % satisfactory. %% Exiting Vehicles For exiting left and right turns at the site driveway(Figure 6B)the line of sigh!is 512feet .from the north. As described above, the required minimum stopping sight distance from the north is 415feet. The line of sight is 498feet to the south. As described above, the required minimum stopping sight distance from the south is 280feet. Since the available lines of sight north and south are greater than the minimum stopping sight distances, the sight distance at this location is satisfactory." (Excerpt and graphic from memorandum from Hexagon to Ana Ruiz,Planning Department Manager,June 30,2009) 2 I lexagon's supplemental memorandum dated July 25, 2011 confirrils this conclusion. (Mernorandum from Hexagon to Tina Hugg, Open Space Planner,July 25, 2011) Therefore, relocation of the driveway entrance will not result in new significant environmental effects nor increase the level of any previously identified potential effect. Site distance was thoroughly analyzed in the Mitigated Negative Declaration, which concluded that there would be no potential traffic hazard from the North Driveway since the entrance exceeds applicable site distance requirements. Therefore,no mitigation measure was needed as no hazard exists.This conclusion is equally applicable to the South Driveway, which similarly exceeds applicable site distance requirements. In fact, relocation of the driveway entrance will result in less environmental disturbance than the initial North Driveway location. Even though potential project impacts have already been mitigated to a less than significant level,the South Driveway is shorter than the North Driveway and thus there is 15% less overall grading(9%more cut and 56% less fill).The North Driveway would require 3,713 cubic yards of grading(2,300 CY cut and 1,413 CY fill)whereas the South Driveway would require 3,139 cubic yards of grading(2,517 CY cut and 622 CY fill). Due to existing topography,a new culvert is required to improve drainage,but the small area of disturbance for the culvert still would result in less grading overall for the South Driveway as compared to the North Driveway. In addition, no change in grading would be necessary for the public parking area itself as relocation of the driveway entrance would not change the design of the parking area. Since the location difference is only 100 feet, the habitat and biological conditions surrounding both driveways is identical and contains the same tree species. However, the number of trees removed at the South Driveway would be substantially less than the North Driveway due to the more open nature and lack of understory trees and other vegetation at the South Driveway location. Directly along the highway frontage,the number of trees proposed for removal is 6 for the South Driveway versus 17 for the North Driveway. In the interior area of the site, both driveways would require the removal of an additional 9 trees. The existing massing of trees and shrubs in the area of the North Driveway would remain intact. The District's conclusion is that, if the Planning Commission wishes to relocate the driveway as a condition of project approval,this would result in no new significant environmental impacts and would result in less disturbance to the natural condition of the project area. In addition, the conclusion reached in the Mitigated Negative Declaration that the project as designed will not result in a significant impact on the environment remains equally applicable in the event the driveway entrance were located 100 feet south of the originally proposed location. Sincerely, Tina Hugg, Open Space Planner Ill 3 El Corte de Madera Creek - Proposed Staging Area and Trail Improvement Project y e . ,, CM03 0 Landin North .$ w r g � � Zone Driveway South s $.. . Priveway C M 04 ,. EI Corte de Madera Creek Ranger * Residence Open Space Preserve s s ese w 44 4- 4 • I x, r J ..., , r t O Attachment 4 - North and South Driveway Comparison Map ° 50 100 200 300 400 500 e Feet i 2040 l 84 m 1880 • 35 C Scr"9 WQ -_�.--• r Rio tPr P C Area o 0. a ;3 Detail 2080 � � �1 Wunderlic�h Park (San N a Mateo Co . i 072-271-040 N r 04 •1 E CD X 35 ` ._,4 California Water 8 --. Ser`vic-e- Company �,` ' 1720 072-280-060 n 2000 60 El ort n ace Preserve NI Attachment 5: Cross Over Trail Corridor Map . Midpeninsula Regional Open Space District MROSD Preserves Other Public Agency (MROSD) Watershed Land Private Property e Other Protected Open Space January, 2012 or Park Lands 0 Trail Corridor, 20 feet wide Feet 0 250 500 White 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. pr1 Attachment 6: Hexagon Supplemental Memorandum `® HRAM TRANSPORTATION CONSULTANTS, IK July 25, 2011 Ms. Tina Hugg Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Re: Traffic Evaluation for El Corte de Madera Staging Area (Current and Original Driveway Locations) Dear Ms. Hugg: Hexagon Transportation Consultants, Inc., prepared a complete and extensive traffic study in 2009 for the proposed new staging area at the El Corte de Madera Creek Open Space Preserve including traffic counts, speed surveys, and sight distance analyses of multiple locations. During the course of preparing the study, we analyzed various potential driveway locations. The key consideration for the driveway evaluation was adequate and safe sight distance. We identified two potential driveway locations where the sight distance meets and exceeds Caltrans standards for the prevailing traffic speed on Skyline Drive (see Table 1). The proposed northern driveway location offers the greatest sight distance in both directions. However, there is another potential driveway location, approximately 100 feet to the south, where the Caltrans minimum stopping sight distances also would be exceeded. Based on sight distance, either driveway location could be designed in a manner to operate safely. Please do not hesitate to contact us if additional information is needed. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. Gary Black, President 111 W.St.John Street,Suite 850•San Jose,California 95113 phone 408.971.6100•fax 408.971.6102•www.hextrans.com Ms.Tina Hugg July 25, 2011 Page 2 of 2 Table 1 Access Location Comparison Available Sight Upstream Design Maximum Distance Sight Distance Access Location Vehicle Location Direction' View/Movement2 Radius' Speedo Speeds Required' Distance Sufficient? North Drivew ay north of driveway SB to outbound(EB)left-turning 600 ft 41 mph 49 mph 415 ft 520 ft yes Location vehicle from driveway SB to inbound(NB)left-turning 600 ft 41 mph 49 mph 415 ft 465 ft yes vehicle from Skyline Blvd south of driveway NB to outbound(EB)vehicle 350 ft 32 mph 38 mph 295 ft 641 ft yes from drivew ay NB to inbound(NB)left-turning 350 ft 32 mph 38 mph 295 ft 641 ft yes vehicle from Skyline Blvd South Driveway north of drivew ay SB to outbound(EB)left-turning 600 ft 41 mph 49 mph 415 ft 512 ft yes Location vehicle from drivew ay SB to inbound(NB)left-turning 600 ft 41 mph 49 mph 415 ft 447 ft yes vehicle from Skyline Blvd south of driveway NB to outbound(EB)left-turning 350 ft 32 mph 38 mph 295 ft 498 ft yes vehicle from driveway NB to inbound(NB)left-turning 350 ft 32 mph 38 mph 295 ft 498 ft yes vehicle from Skyline Blvd 1 Direction of travel along SR 35. 2 Direction of view tow and movement to w hich sight distance refers. 3 Radius of curvature(in feet)as indicated on Caltrans Right-of-Way Plans dated July 3,1925. 4 Design speed(in mph)corresponding to upstream curve radius,per Caltrans Highway Design Manual Table 203.2. 5 The maximum speed is not known,but a reasonable maximum speed,for purposes of this analysis,is 20 percent above the design speed. 6 Minimum safe stopping sight distance(in feet)required for estimated maximum speed,per Caltrans Highway Design Manual,Table 201.1. Midpeninsula Regional ' Open Space District R-12-32 Meeting 12-09 March 14, 2012 AGENDA ITEM 8 AGENDA ITEM Authorization to Amend a Contract with ARCADIS, Inc. (ARCADIS) for Engineering and Design Services for the El Corte de Madera Creek Parking/Staging Area and Trails Project GENERAL MANAGER'S RECOMMENDATION Z!Ar Amend the contract with ARCADIS for an additional amount of$15,000, which includes $8,820 in base fee and a contingency of$6,180, to provide additional engineering and design services to address Caltrans input and San Mateo County Planning Commission conditions of project approval related to the proposed parking/staging area at El Corte de Madera Creek Open Space Preserve (Preserve), for a total contract amount not to exceed $159,000. SUMMARY Over the last ten years, Midpeninsula Regional Open Space District(District) has worked to establish a formal parking area for the Preserve. The proposed project includes a staging area and four(4)phases of trail construction and site restoration. The staging area phase of the project has been in permit review with San Mateo County since June 2010. The San Mateo County Planning Commission held two hearings on the staging area project on May 25, 2011 and January 25, 2012. The Commission approved the project at its January 251h meeting with conditions of approval that require certain changes to the permit drawing set, thus requiring some additional engineering and design services to update these drawings. DISCUSSION Permitting drawings for the staging area project were submitted to San Mateo County in June 2010. Because the project is located within a scenic corridor, Skyline Boulevard (also known as Highway 35), it was subject to San Mateo County Planning Commission review. The project had its first hearing before the Commission on May 25, 2011. In response to the Commission's direction at the meeting, the District undertook additional analysis to address issues raised by the Commissioners. Per Commission direction to further evaluate potential safety issues and consult with Caltrans, District staff conducted an on-site visit with County and Caltrans staff on June 24, 2011 at the location of the proposed staging area and entrance driveway. As a result of this site visit, a principal issue discussed by County and Caltrans staff was the driveway entrance to the staging area. While on site, County and Caltrans staff reviewed site conditions and discussed the R-12-32 Page 2 potential for and the advantages of moving the proposed driveway 100 feet further south from its initially proposed location. District staff submitted a conceptual drawing depicting the South Driveway entrance alternative to San Mateo County and Caltrans for their review. Caltrans responded with initial feedback on the conceptual design, and District staff assisted County staff in analyzing whether there were any potential environmental or safety effects of relocating the proposed driveway entrance 100 feet south. The Commission approved the project at its January 251h meeting with conditions of approval that require changes to the drawings currently in permitting, including moving the driveway entrance 100 feet to the south. To implement the changes required per the County conditions of approval and Caltrans input, and complete the permitting phase of the project, staff requests an amendment to the ARCADIS contract. Moving the driveway requires some layout, grading and drainage changes to the permit drawing set to reflect the new design. These changes will reduce grading and tree removal. Staff recommends amending the existing contract with ARCADIS for an additional amount of $15,000, which includes $8,820 in base fee and a contingency of$6,180, for a total contract amount not to exceed $159,000. Due to the length and uncertainty of the permitting process, which may delay construction to FY2013-14, staff strongly recommends a contingency of this magnitude to allow the District to expediently address any unanticipated tasks required during permitting. FISCAL IMPACT The FY2011-12 and proposed FY2012-13 budgets contain funds to cover the costs associated with this work, including the engineering services necessary for bidding and construction. BOARD COMMITTEE RECOMMENDATION No recent Board Committee activity to report. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Staff concludes that amending the existing consultant agreement to provide additional design work does not constitute a project under the California Environmental Quality Act(CEQA). For CEQA compliance during project implementation, refer to reports R-10-35 and R-12-15. R-12-32 Page 3 NEXT STEPS Upon approval b the Board of Directors staff will continue with the permitting process, and Ur 1'� y � r i; assuming no further delays,proceed to bid out and construct the staging area this calendar year. Prepared by: Tina Hugg, Open Space Planner III Contact person: Same as above Midpeninsula Regional Open Space District R-12-33 Meeting 12-09 March l4, 2012 AGENDA ITEM 9 AGENDA ITEM Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for Implementation of the Pond Management Plan at La Honda Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS Z�A 1. Approve a Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act(CEQA) for Implementation of the Pond Management Plan at La Honda Creek Open Space Preserve. 2. Adopt the CEQA findings set out in the attached Resolution. SUMMARY The Board of Directors are asked to consider approving a Mitigated Negative Declaration (NIND) and Mitigation Monitoring Program (MMP), in accordance with CEQA, to implement the Pond Management Plan at La Honda Creek Open Space Preserve. The goal of the Pond Management Plan is to improve habitat conditions for the benefit of the California red-legged frog and to extend the long-term viability of the existing livestock ponds to support ongoing grazing activities. DISCUSSION In 2000 and 2006, the District completed a field inventory of reptile and amphibian species on District lands. Field surveys focused on sensitive reptile and amphibian populations in ponds and streams throughout the District, and specifically identified locations and breeding populations of California red-legged frog(CRLF) and western pond turtle. The 2006 survey included the former Wool Ranch portion of La Honda Creek Open Space Preserve. The former Wool Ranch contains a pond complex of eleven livestock watering ponds, developed springs, and other valuable reptile and amphibian habitat (see Attachment 2). CRLF, a species listed as Threatened under the federal Endangered Species Act, occurs within the pond complex. The former Wool Ranch area also provides suitable habitat for the San Francisco garter snake, a state and federally listed Endangered Species whose principal food source is small amphibians, including CRLF. R-12-33 Page 2 Management of the pond complex is of priority because of its regionally significant habitat for sensitive species. A 2007 report prepared by Seymour and Associates that followed the 2006 field surveys described the site as the center of a regional "metapopulation"of red-legged frogs, meaning that all individuals in the isolated area are connected by genetics or by colonization patterns. Because these ponds are in close proximity to one another and year-round habitat is available the location is highly resilient to population variations and other pressures that put rare l� Y p p P species at risk. Seymour's report emphasized that in order to protect this regionally important habitat, the group of ponds should be managed as a cohesive unit. In 1992, this same area was proposed to the California Department of Fish and Game as an"Ecological Reserve"specifically for rehabilitation of the San Francisco garter snake(SFGS). As a result of Seymour's report, staff released a request for proposals in 2007 to develop a Pond Management Plan (PMP) for this regionally-important pond complex. The highest-ranking proposal was submitted by Vollmar Consulting. A contract to Vollmar Consulting was awarded in December 2007 and Vollmar completed a PMP for the former Wool Ranch area in 2009. Site specific recommendations identified in the 2009 PMP were developed to enhance CRLF and potential SFGS habitat, and were informed by two years of targeted biological surveys. The PMP identified repairs to eleven ponds, including Pond DR06 which was recently completed in p P g � Y p 2010. During permitting of Pond DR06, the District received an Endangered Species Act Section 10 Recovery Permit from the U.S. Fish and Wildlife Service (USFWS) to implement all actions identified in the PMP with the goal of fostering recovery of CRLF and SFGS at the site. Staff is applying this Recovery Permit to repair the next set of ponds, Ponds DR07 and DR08. A list of previous board meetings pertaining to development and implementation of the PMP has been provided as Attachment 3. FISCAL IMPACT The FY2011-12 budget includes $58,500 to fund the geotechnical investigations, project design, and permitting stages for the next phase of PMP implementation, namely repairs to Ponds DR07 and DR08. To date,plans and permit applications have been submitted at a cost of$39,018. Of this, the District received $20,000 in mitigation monies from San Jose Water Company to offset design costs. The proposed FY2012-13 budget includes $100,000 in funds forbidding and reconstruction of the two ponds. Staff has applied for a$75,000 grant from the North American Wetlands Conservation Act to offset seventy-five percent(75%) of the anticipated bidding and construction costs. Total costs anticipated for repairs to Ponds DR07 and DR08 is $158,500, at an estimated cost of$79,250 per pond. Of this, the District hopes to recoup a total of$95,000 in outside funding(60%of total project costs). Repairs to the remaining eight ponds identified in the 2009 PMP is anticipated to cost anywhere from $350,000 to $700,000, depending on the extent of structural failures and site specific design constraints encountered at each pond. Based on past experience with grant applications, the District can expect to pay an estimated forty percent (40%) of these future costs. PUBLIC NOTICE A copy of the Notice of Intent to Adopt the MND was provided to La Honda Creek Open Space Preserve adjoining owners, La Honda Creek interested parties, Resource Management interested parties, U.S. Fish and Wildlife Service, California Department of Fish and Game, San Francisco R-12-33 Page 3 Bay Regional Water Quality Control Board, the U.S. Army Corps of Engineers, and San Mateo County. The public and agency comment period for the project ended on February 13, 2012. Two comments were received, one from the California Department of Fish and Game and one from the Bay Area Ridge Trail Council. Comments received and a response to comments is provided in Attachment 6. Public notice of this Agenda Item was also provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Project Description The project consists of repairing pond basins, earthen berms, and spillways at an eleven pond complex in order to improve habitat conditions for the benefit of the California red-legged frog and to extend the long-term viability of the existing livestock ponds. Additional project components include: removal of invasive and non-native vegetation, installation of cattle exclusion fencing, alternate water source installation(such as troughs), and prevention of erosion and downstream sedimentation. The recommended CEQA action before the Board is adoption of the proposed MND and associated documents and findings for this project. The Board is not determining how or when to implement any site-specific work efforts under the guidance of the PMP. Rather, the Board is completing CEQA compliance with regard to implementation of the PMP. Approval to implement the next phase of the Project (construction of Ponds DR07 and DR08) will occur at the award of bid for that phase, which is anticipated in late spring of 2012. Future implementation items (additional pond repairs)will return to the Board at a later time for approval consideration. CEQA Determination An initial study for the PMP has been completed and a MND is proposed. Six mitigation measures identified in the MND have been designed to mitigate potential negative effects to biological and cultural resources to a level of insignificance. Copies of these documents are provided as Attachments 4 and 5. The public and agency review period ended on February 13, 2012. Comments Received As of February 13, 2012, the District received two comments. Please see the attached comments and response to comments (Attachment 6). This completes the CEQA comment period for the project. Mitigation Monitoring Program In accordance with CEQA, the District has prepared a Mitigation Monitoring Program, which describes project-specific mitigation measures and monitoring process (Attachment 5). The Mitigation Monitoring Program ensures that all adopted measures intended to mitigate potentially significant environmental impacts will be implemented. The project incorporates all of these mitigation measures. R-12-33 Page 4 CEQA Findings The Board Findings required by CEQA to adopt the MND and the Mitigation Monitoring Program are set out in the attached Resolution(Attachment 1). NEXT STEPS Design and permitting for the next two,highest priority projects, Ponds DR07 &DR08, are underway with permit approval anticipated in late spring or early summer. Should the Board approve the MND and MMP, staff would proceed with preparing a bid package for these two pond repair projects with the expectation of completing construction in late summer, after CRLF tadpoles have fully developed and before the subsequent breeding season begins (as directed by the USFWS Biological Opinion and Recovery Permit issued for the project). Staff anticipates returning to the Board for approval to implement the Pond DR07 and DR08 repair project in June of 2012. Meanwhile, staff will continue to pursue grant funding opportunities to implement the remaining phases of work to offset total project costs. Attachments: I. Resolution of the Board of Directors Adopting the Mitigated Declaration, the Mitigation Monitoring Program, and the CEQA Findings for Implementation of Pond Management Plan project at La Honda Creek Open Space Preserve 2. La Honda Creek Pond Complex Map (Ponds DR07 and DR08 circled) 3. List of Previous Board Meetings related to Pond Management Plan Development and Implementation 4. Initial Study and Mitigated Negative Declaration 5. Mitigation Monitoring Program 6. Comments Received and Response to Comments Prepared by: Julie K. Andersen, Planner II Contact person: Julie K. Andersen, Planner II Matt Baldzikowski, Planner III RESOLUTION NO. 12-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION INCLUDING A MITIGATION MONITORING PROGRAM IN CONNECTION WITH IMPLEMENTATION OF THE POND MANAGEMENT PLAN AT LA HONDA CREEK OPEN SPACE PRESERVE I. The Board of Directors of the Midpeninsula Regional Open Space District (District)has reviewed the proposed Implementation of Pond Management Plan (Project) within the La Honda Creek Open Space Preserve(Preserve). II. An Initial Study(IS) was prepared for the proposed Project pursuant to the requirements of the California Environmental Quality Act(CEQA) Public Resources Code sections 21000 et seq.) and the CEQA Guidelines (14 Cal. Code. Regulations sections 15000 et seq.). 11I. The IS identified potentially significant adverse effects on the environment from the proposed project but found that mitigation measures for the proposed Project which were made a part of the proposed Project would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. IV.The IS and a notice of intent to adopt a Mitigated Negative Declaration (MND) and the Mitigated Monitoring Program were circulated for public review from January 13, 2012 to February 13, 2012. V. On March 14, 2012 the Board of Directors conducted a duly noticed public hearing on the adequacy of the MND (including the IS) at which oral and written comments and a staff recommendation for approval of the MND were presented to the Board of Directors. The Board of Directors reviewed and considered the information in the IS and MND as required by CEQA. NOW, THEREFORE, BE IT RESOLVED by the District Board of Directors that,based upon the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, all comments received, and all substantial evidence in light of the whole record presented, the Board of Directors finds that: 1. Notice of the availability of the Initial Study and Mitigated Negative Declaration and all hearings on the MND was given as required by law and the actions were conducted pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines. 2. All interested parties desiring to comment on the MND were given the opportunity to submit oral and written comments on the adequacy of the MND prior to this action by the Board of Directors and all comments raised during the public comment period and at the public hearings on the MND were responded to adequately. f 3. Prior to approving the Project that is the subject of the MND, the Board has considered the pp g J J MND, along with all comments received during the public review process. 4. The MND finds potentially significant effects and the Board hereby finds that these effects will be mitigated or avoided by the changes made in the Project as described in the Initial Study and the MND. 5. The Board finds that, on the basis of the whole record before it, including the MND and all comments received, there is no substantial evidence that the Project will have a significant effect on the environment in that, although the Project could have significant effect on the environment, there will not be a significant effect in this case since Mitigation Measures have been made a part of the Project to avoid such effects. 6. The Board adopts the MND and determines that the MND reflects the District's independent judgment and analysis. 7. The Board adopts the attached Mitigation Monitoring Program and requires it to be implemented as part of the Project. 8. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are located at the offices of the District Clerk of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California 94022. I 111 1` M , y lly AM- I • s � l�LASQ�7 ,rQ • � � � S•y M1 ^w . v . . ■y Attachment 3. Previous Board Meetings related to Pond Management Plan Development and Implementation: January 12, 2006; Meeting 06-01; R-06-07- Driscoll Ranch Purchase Addition to La Honda Creek January 25, 2006; Meeting 06-03; R-06-05-Authorization to Enter into a Professional Services Agreement with Richard Seymour and Associates to Survey and Assess the Presence of Sensitive Aquatic Amphibians and Reptiles on District Lands December 12, 2007; Meeting 07-27; R-07-124- Authorization to Enter into a Professional Services Agreement with Vollmar Consulting to Survey and Prepare Recommendations for Management of Sensitive Aquatic Habitats at La Honda Creek Open Space Preserve April 8, 2009; Meeting 09-10; R-09-34 Authorization to Amend the Contract with Vollmar Consulting to Conduct Second Year Pond Monitoring in the Former Wool Ranch Area of La Honda Creek Open Space Preserve and Determine the Recommended Actions are Exempt from California Environmental Quality Act September 23, 2009; Meeting 09-26; R-09-108 Approval of a Habitat Conservation Fund Grant Application, Mitigated Negative Declaration, and Mitigation Monitoring Program for the Pond DR06 Repair Project located within the Driscoll Ranch area of La Honda Creek Open Space Preserve. January 27, 2010; Approval of the Five Star/Nature Restoration Trust Restoration Program(Five Star/NRT) Grant Application for the Pond DR06 Repair Project located within the Driscoll Ranch area of La Honda Creek Open Space Preserve. April 28, 2010; Authorization to Amend a Contract with BAGG Engineers to Include Construction Monitoring for the Pond DR06 Repair Project located in the Former Wool Ranch Area of La Honda Creek Open Space Preserve. June 9, 2010; Award of Contract with TKO General Engineering and Construction Inc., for the Pond DR06 Repair Project at La Honda Creek Open Space Preserve. August 30, 2010; Contract Amendment with TKO General Engineering and Construction, Inc., (TKO) for the Pond DR06 Repair Project at La Honda Creek Open Space Preserve for an Additional Amount Not to Exceed $24,500. September 14, 2011; Award of Contract for Geotechnical Investigations and Pond Repair Design for Ponds DR07 and DR08 located at La Honda Creek Open Space Preserve and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) I Regional 0penSpace I Midpeninsula Regional Open Space District MITIGATED NEGATIVE DECLARATION Implementation of Pond Management Plan La Honda Creek Open Space Preserve San Mateo County,CA State Clearinghouse Number: 2012012026 January 13, 2012 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 650-691-1200 Midpeninsula Regional Open Space District f I MITIGATED NEGATIVE DECLARATION A notice, pursuant to the California Environmental Quality Act of 1970, as amended (Public Resources Code 21,000, et seq.) stating that the following project: Implementation of Pond Management Plan, that when implemented will not have a significant impact on the environment. PROJECT DESCRIPTION In partnership with the United States Fish and Wildlife Service (USFWS), the Midpeninsula Regional Open Space District (District) is planning to implement certain pond management actions identified in the District's Pond Management Plan(PMP)at the La Honda Creek Open Space Preserve(PMP completed in 2009). Pond management actions identified in the 2009 PMP have been evaluated by the USFWS Recovery Program for both the California red-legged frog(CRLF)and San Francisco garter snake(SFGS). The USFWS recovery program works to protect species and restore habitat by providing guidance and technical assistance for implementation of recovery actions such as species monitoring, research habitat improvements, and implementation of breedi ng g programs for threatened and endangered species. In order to implement the 2009 PMP, the USFWS issued a biological opinion (March 2010) and an Endangered Species Act Section 10(a)1(A) Recovery Permit (April 2010) to the District for enhancing habitat on the La Honda Creek Open Space Preserve for both the California red-legged frog and San Francisco garter snake. Pond management actions covered by this document include the following: 1) Completing pond repairs and improvements 2) Redirecting cattle access through the use of fencing and alternate water sources such as troughs 3) Removing invasive and non native vegetation 4) Completing ongoing pond inspections and biological monitoring These elements of the 2009 PMP are not included for analysis in this document: •Prescribed Burning •Prescribed Grazing i Prescribed Burning is not included in this document because the District does not currently have the ability to implement prescribed burn operations without the assistance of outside agencies such as the California Department of Forestry and Fire Protection (Calfire). Negotiating agreements with outside agencies to complete prescribed burning is outside of the scope of pond repair projects and constitutes a separate work effort within the District. Prescribed Grazing is currently conducted under an existing Resource Management Plan (RMP) for the Preserve. Environmental analysis for implementation of the existing RMP was conducted during the District acquisition of the property (See MROSD 2005). Recommendations for prescribed grazing outlined in the Pond Management Plan are consistent with prescribed grazing operations being conducted at the Preserve under the existing RMP and does not warrant further consideration under CEQA at this time. Pond repair and improvements are planned at 11 stock watering ponds located in the 5,759-acre La Honda Creek Open Space Preserve (LHCOSP) in San Mateo County, California (Refer to Figures 1 and 2). The purpose of the project is to: repair failing ponds, prevent erosion and sedimentation, enhance sensitive species habitat, improve water availability for cattle, and remove invasive and non-native plant species. 3 The project area includes 11 stock ponds, staging areas, and associated access roads. All of the ponds are located in upland areas above Harrington and Bogess Creeks (both tributaries to San Gregorio Creek). All of the ponds are human-made features comprised of earthen berms, spillways and/or outlet pipes, and excavated basins. Currently, each pond outlet is either an unreinforced earthen spillway, and/or a drainage pipe/culvert. The ponds depend primarily on surface runoff, and onsite springs for water supply. Many of the ponds are structurally compromised. Known issues include: erosion problems, leaking berms or basins, berm breaches, siltation, and overall deterioration. Pond repairs are being conducted to enhance wildlife habitat improve longevity of theponds, P g P g ty improve ponding duration, correct erosion and sedimentation problems,and improve water availability to cattle. Earth work is recommended to rebuild failing berms, spillways, and pond basins in order to prevent ongoing erosion, over-topping of berms, and failure of the ponds to provide suitable habitat for target species. Earth work will be completed in summer or early fall using manual labor and/or heavy equipment, depending on site specific conditions. Minor road improvements may occur in conjunction with pond improvements to provide equipment access to the sites and to provide erosion control after project completion. Invasive and non native vegetation will be removed prior to pond reconstruction and after pond repairs are completed.Treatment of invasive and non native plant species will be completed by trained District staff and/or a qualified contractor hand crew. Disturbed areas will be reseeded with native plant species and pasture grasses consistent with those in the surrounding area. Once pond improvements are completed, cattle exclusion fencing and placement of alternate watering sources may be used to restrict or redirect cattle access away from a pond in order to improve use and breeding success by target species. As recommended in the PMP, ongoing pond inspections and biological monitoring will be conducted at each pond site for a minimum of three years following repairs to ensure that repairs have resulted in favorable outcomes for special status species and that repaired infrastructure is continuing to function as planned or if minor modifications may be necessary. FINDINGS AND BASIS FOR MITIGATED NEGATIVE DECLARATION The Manager of the Planning Department of the Midpeninsula Regional Open Space District, based upon substantial evidence in the record, finds that: 1. The mitigation measures, as listed below and incorporated into the project,are adequate to mitigate the environmental effects to a less than significant level. 2. The project will have no impact on population and housing,public services,or mineral resources given its remote, rural setting and will have no impact on recreation because the project area is currently closed to the public and will not increase anticipated public use once the site is open. 3. The project will not adversely affect agricultural resources or current land use because project design is expected to provide long term improvements to watering sites for livestock during and after project construction and will not change current land use. 4. The project may have a limited affect on aesthetics,air quality,geology&soils, greenhouse gas emissions, hazards and hazardous materials,hydrology and water quality, and noise,transportation/traffic, and utilities,but these effects will be minor and less than significant given the remote location, sensitivity of design to the natural surroundings, limited equipment needed, small scale disturbance, short annual duration, adherence to Best Management Practices, local and regional plans,policies and regulations. 5. The project will not adversely affect biological resources and cultural resources,based on project-specific mitigations that reduce impacts to a less than significant level. 4 6. The project will not: 0 Create impacts that degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community(excepting the targeted invasive plant species),reduce the number or restrict the range of a rare or endangered plant or animal,or eliminate important examples of the major periods of California history or prehistory,due to the project's scale and localized nature. • Create impacts that are individually limited,but cumulatively considerable,based on project-specific mitigations that reduce these impacts to a less than significant level. • Create environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly. Therefore,the Midpeninsula Regional Open Space District has determined that the project will have no significant effect on the environment. I �I 5 MITIGATION MEASURES INCORPORATED INTO THE PROJECT The biological resource mitigations identified below are discussed in Section IV(a). Cultural resources mitigations identified below are discussed in Section V(b). (BIO- 1)To avoid potential impacts to California red-legged frog, San Francisco garter snake,and western pond turtle,worker environmental awareness training will be conducted for all construction crews and contractors that will be accessing the site. The education training will be conducted prior to starting work on the project and upon the arrival of any new worker. The training will include a brief review of the California red-legged frog, San Francisco garter snake, and western pond turtle,their life history, field identification, habitat requirements for each species, location of sensitive areas,possible fines for violations, avoidance measures, and necessary actions if sensitive species are encountered. (BIO-2)To avoid potential impacts to California red-legged frog, San Francisco garter snake,and western pond turtle, a biological monitor will be required to be present on site during all construction. The monitor will survey parking areas, staged equipment, access routes, and the project area prior to the beginning of construction each day. The biological monitor will continue to survey the project throughout construction each day. (BIO-3)To avoid potential impacts to California red-legged frog, San Francisco garter snake,and western pond turtle, all earth work must be completed when ponds are dry, or for those ponds that do not completely dry,draining of ponds to perform earth work shall only occur during the part of the year when the tadpole life stage of California red-legged frog has been completed and before the subsequent breeding season. According to the Biological Opinion issued for the Project,this corresponds to a work period between August 15 and November 1. Within two days of the start of pond draining,the pond will be sampled by a qualified biologist to ensure that all frogs from the pond are in the post metamorphic stage and will not be significantly affected by pond draining. (BIO-4)If California red-legged frog, San Francisco garter snake or western pond turtle are encountered,no work shall occur until the frog, snake or turtle has left the area on its own, or until a qualified wildlife biologist is consulted and appropriate arrangements are made with United States Fish and Wildlife Service and the California Department of Fish and Game. (CUL-1)Implementation of the following measures would reduce potential impacts to cultural and historical resources, including buried and unknown archeological and paleontological resources to a less-than significant level: • If any commonly recognized sensitive cultural resources such as human formed artifacts, including projectile points, grinding stones,bowls,baskets,historic bottles,cans, or trash deposits,are encountered during project construction, every reasonable effort shall be made to avoid the resources. Work shall stop within 100 feet of the object(s)and the contractor shall contact the District.No work shall resume within 100 feet until a qualified cultural and/or historical resources expert can assess the significance of the find. • A reasonable effort will be made by the District to avoid or minimize harm to the discovery until significance is determined and an appropriate treatment can be identified and implemented. Methods to protect finds include fencing and covering with protective material such as culturally sterile soil or plywood. • If vandalism is a threat, 24-hour security shall be provided. • Construction can continue 100 feet outside of the find location during the significance evaluation period and while mitigation for cultural and/or historical resources is being carried out. A qualified cultural and/or historical resources expert must be present onsite to monitor subsurface excavations within 100 feet of the find to ensure that impacts to resources are avoided. • If a resource cannot be avoided, a qualified cultural and/or historical resources expert will develop an appropriate Archaeological or Paleontological Action Plan for treatment to minimize or mitigate the 6 adverse effects. The District will not proceed with reconstruction activities within 100 feet of the find until the Action Plan has been reviewed and approved, • Findings will be detailed in a professional report in accordance with current professional standards. Any non-grave associated artifacts will be curated with an appropriate repository. • Project documents shall include a requirement that project personnel shall not collect cultural and/or historical resources encountered during construction.This measure is consistent with federal guideline 36 CFR 800.13(a) for invoking unanticipated discoveries. (CUL-2). If human remains are encountered,all work within 100 feet of the remains shall cease immediately and the contractor shall contact the District.The District will contact the San Mateo County Coroner to evaluate the remains,and follow the procedures and protocols set forth in§15064.5(e)of the CEQA Guidelines.No further disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has made a determination of origin and disposition,which shall be made within two working days from the time the Coroner is notified of the discovery,pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. If the remains are determined to be Native American,the Coroner will notify the Native American Heritage Commission(NAHC)within 24 hours,which will determine and notify the Most Likely Descendant(MLD).The MLD may recommend within 48 hours of their notification by the NAHC the means of treating or disposing of, with appropriate dignity,the human remains and grave goods. In the event of difficulty locating a MLD or failure of the MLD to make a timely recommendation,the human remains and grave goods shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance. RESPONSIBLE AGENCY CONSULTATION The California Department of Fish and Game, United States Fish and Wildlife Service and San Francisco Bay Regional Water Quality Control Board have been notified of the project and a copy of this mitigated negative declaration is being submitted for review along with applicable permit applications from each of the agencies. INITIAL STUDY A copy of the initial study is attached. REVIEW PERIOD The Review Period begins on January 13, 2012 and ends on February 13, 2012. If you have any comments about the Mitigated Negative Declaration or Initial Study,have information that should be included, and/or disagree with the findings of our study as set forth in the proposed Mitigated Negative Declaration,please submit your comments in writing no later than 5 p.m.on February 13,2012 to Midpeninsula Regional Open Space District,330 Distel Circle,Los Altos,CA 94022. Electronic comments should be sent to: jandersen(a)opensl2ace.org.Following review and response to public comments, the District's Board of Directors is tentatively scheduled to approve the Mitigated Negative Declaration at their regularly scheduled Board meeting on Wednesday March 14,2012 beginning at 7:00 pm.The board meeting will be held at 330 Distel Circle, Los Altos,CA 94022 and the public is invited to attend. CONTACT PERSON Julie K. Andersen, Planner 11,650-691-1200 AnW4iz,Planning Manager Midpeninsula RegitKal Open Space District 7 P Mid peninsula Regional Open Space District P g P INITIAL STUDY Project title: Implementation of Pond Management Plan, La Honda Creek Open Space Preserve, San Mateo County, California Lead agency name and address: Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Contact person and phone number: Julie K. Andersen, Planner II, 650 691-1200 Project location: The project area is located south of Skyline Boulevard (Hwy 35) and west of La Honda Road(Hwy 84) within the former Wool Ranch portion of the La Honda Creek Open Space Preserve at Township 07 South, Range 04 West, Sections 4 & 9. The preserve is located within unincorporated San Mateo County approximately 2 miles northwest of the community of La Honda. Project APNs: 078-270-030 & 078-270-010 Project sponsor's name and address: Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 General plan designation: General Open Space Zoning: Resource Management Description of project: (Describe the whole action involved,including but not limited to later phases of the project, and any secondary,support,or off-site features necessary for its implementation. Attach additional sheets if necessary.) Repair pond basins, earthen berms and spillways in order to improve ponding duration for the benefit of the California red-legged frog and to increase the long term viability of existing livestock ponds. Additional project components include: removal of invasive and non native vegetation, installation of cattle exclusion fencing and alternate watering sources such as troughs, and prevention of erosion and downstream sedimentation. Surrounding land uses and setting.Briefly describe the roject's surroundings: The project is located in a rural area. The primary surrounding land uses are: agriculture, ranching, and rural residential. Project sites are located within a portion of the Preserve which is managed for cattle and is not open to the public. Highway 84 is located along the eastern and southern edge of the Preserve boundary. North of the Preserve is the Djerassi Resident Artists, an internationally recognized resident artist program. To the southeast of the project area(about 2 miles) is the small community of La Honda(approximately 1,500 residents). The La Honda Elementary School is located adjacent to the southeastern Preserve boundary. South of the Preserve is the Driscoll Ranch Event Center where an annual rodeo is held each year. 8 i Other public agencies whose approval is required (e.g.,permits,financing approval,or participation agreement.) • United States Fish and Wildlife Service • California Department of Fish and Game • California Regional Water Quality Control Board • US Army Corps of Engineers • San Mateo County Document availability: All documents referenced in the Initial Study are available for review from 8:30 a.m. to 5:00 p.m. at the Mid peninsula Regional Open Space District office at the address listed above. Subsequent Actions: Upon Board certification of this mitigated negative declaration the following actions will occur: p g g g • Contract bid and approval • Individual pond, spillway and berm repairs • Revegetation 0 Ongoing monitoring i I 1 i 9 Mid peninsula ' 1nal Open Space District Preserves and Surrounding Lands • � r NNOSU preaervea aunwAi. Litton 1 1\ ' \ rvalelY my n / \ d i r \ Ynv.na wA1wJn,1,lAr.l Iru.L 1 �4 �nr1,x:�Ir,nn lAM1, }} NAip city.anmry,AMI axle ItivYa, \ nµrn pxe yre.,rrvrr..1M1 gdtliciv r` trt wap+JtM lanrh , fnlM 4h ` .\ r\ Q RIIiUlU l.�u1Wr (nunry Ix—t- / Thr wt wninwlA Di—`t is \ m}twm1tw,mm n Ilse sin o P.W Am MtpnfeA d truer 57,000 area of Lmd rn 26'it— � Yin�•1>tr"M'A prMrtlnf fp Pax aryna,ruml.26 nl.intq \ %/ a Ircr.,vr.Yalem d rlhe,.e AMl urgwAlleled lepaY in tMe _ 1 ul tie lamest —truWlit- n the L—tv. i I � 1 \ 1M _A M a..a. `1 uru.rah Preserve Protect Restore Educate Enjoy iYM Figure 1.Project vicinity,La Honda Creek Open Space Preserve 10 4 �R r 1 r +� t �iao'•� t MN a An t y 1 U Carle de Former Wool ` 8 La tionda ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources 13 Air Quality 0 Biological Resources ❑ Cultural Resources [:]Geology/Soils ❑ Greenhouse Gas Emissions 0 Hazards&Hazardous ❑ Hydrology/Water Quality Materials ❑ Land Use/Planning 13 Mineral Resources ONoise 0 Population/Housing 0 Public Services ORecreation El Transportation/Traffic ❑ Utilities/Service Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: [3 1 find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. 1 find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.A MITIGATED NEGATIVE DECLARATION will be prepared. [3 1 find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. [3 1 find that the proposed project MAY have a "potentially significant impact"or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. [3 1 find that although the proposed project could have a significant effect on the environment,because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. A Signat&re- Date 12 ENVIRONMENTAL IMPACTS Issues: Less Than Significant 1.AESTHETICS Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ Q a)The project will not have a substantial adverse effect on a scenic vista or degrade the existing visual character of the site or its surroundings because the project will incorporate site suitable design that is sensitive and in keeping with the natural surroundings. The project goal is to restore and stabilize existing ponds with minimal improvements so that there will be no change to the aesthetic view of any scenic vista. b) Substantial) scenic resources,including,but not Y damage g ❑ ❑ ❑ ❑ limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? b The project area is not immediately adjacent to or within the viewshed of a state scenic highway. c) Substantially degrade the existing visual character or quality 11 ❑ 0 of the site and its surroundings? c)The project will not substantially degrade the existing visual character or quality of the site because the primary goal is to restore and stabilize existing ponds in a manner consistent with their current location and size. Use of human constructed materials will be minimized and the design on pond repairs is in keeping with the existing agricultural use of the site. Whenever possible, natural onsite materials will be used. If natural onsite materials are not feasible,human made materials will be selected that blend with the natural surroundings(e.g. using rock instead of concrete when feasible,covering exposed piping with soil or vegetation,and selecting colors,textures or materials that blend with the natural surroundings). Human made objects such as water troughs,piping,and water storage tanks already exist on the site and are considered site appropriate given the historic and ongoing agricultural use at the site. d) Create a new source of substantial light or glare which would ❑ ❑ 0 Q adversely affect day or nighttime views in the area? d)All work will be completed during the day and materials used will not result in light or glare impacts during the day or evening. Less Than Significant II. AGRICULTURE RESOURCES Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Convert Prime Farmland,Unique Farmland,or Farmland of ❑ ❑ 11 [� Statewide Importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? a The project is not located on prime or unique farmland or farmland of statewide importance. b) Conflict with existing zoning for agricultural use,or a 0 ❑ 0 [✓( Williamson Act contract? b)The project does not conflict with a Williamson Act contract or the existing Resource Management zoning for the area. c) Involve other changes in the existing environment which,due ❑ ❑ ❑ [� to their location or nature,could result in conversion of Farmland,to non-agricultural use? c) The existing agricultural land use of cattle ranching will not be impacted by project construction. As a result of seasonal fencing and installation of alternate watering sources such as troughs, the availability of clean water for cattle,wildlife, and downstream creek flow is expected to improve. 13 I III. AIR QUALITY Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the follo ing determinations. Less Than Significant Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Conflict with or obstruct implementation of the applicable [� air quality plan? a)The main purpose of an air quality plan is to bring an area into compliance with the requirements of federal and State air quality standards. Such plans describe air pollution control strategies to be implemented by a city, county or region. The most recent BAAQMD plan for attaining California Ambient Air Quality Standards,the 2010 Clean Air Plan,was adopted on September 15,2010. The Clean Air Plan demonstrates how the San Francisco Bay Area will achieve compliance with the State 1-hour air quality standard for ozone and how the region will reduce transport of ozone and ozone precursors to neighboring air basins. The purpose of the Clean Air Plan is to: l. Update the Bay Area 2005 Ozone Strategy in accordance with the requirements of the California Clean Air Act to implement"all feasible measures"to reduce ozone. The Bay Area 2005 Ozone Strategy was developed in order to bring the region into compliance with State and federal air quality standards and was adopted by the BAAQMD Board of Directors in January 2006; 2. Consider the impacts of ozone control measures on particulate matter, air toxics,and greenhouse gases in a single, integrated plan; 3. Review progress in improving air quality in recent years; and 4. Establish emission control measures to be adopted or implemented in the 2009 to 2012 timeframe. j The County and the project site are located in the San Francisco Bay air basin and are within the jurisdiction of the BAAQMD. The County General Plan is consistent with this plan. No General Plan amendment would be required to implement the proposed project and the proposed uses are consistent with the District's management of the Preserve for open space uses and passive recreation. Therefore, the proposed project is consistent with the General Plan, and therefore would not conflict with the Clean Air Plan,resulting in a less-than-significant impact. i 14 Less Than Significant III. AIR OUALITY(continued) Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact b) Violate any air quality standard or contribute ❑ 0Q substantially to an existing or projected air quality violation? b)The project site is located in the San Francisco Bay Area Air Basin(Bay Area), a region that is designated as a"non-attainment" area(i.e.,currently experiences violations)with respect to state and national ambient air quality standards for ozone,as well as state standards for respirable particulate matter(PM-10). The Bay Area is also designated as a"maintenance" area with respect to carbon monoxide standards. The "maintenance" designation corresponds to areas that had once been designated as "non-attainment" for a given pollutant,but have since been re-designated in recognition of having achieved the standard. The project could affect air quality temporarily during earthmoving activities related to berm reconstruction and pond recontouring. Heavy equipment traveling over the ranch roads and excavating soil at the project site could generate fugitive dust. Wind erosion from exposed surfaces could also result in fugitive dust. The amount would vary from day to day,depending on the level and type of activity, silt content of the soil,and the prevailing weather. The nature of dust particulates is that larger,coarser material settles out quickly and closer to the emission source whereas smaller particulates are in suspension for a longer period of time and are able to travel further. Due to the large surrounding rural area and the discrete, small-scale area of individual pond re- construction zones, any potential dust emissions created by the project would tend to remain more localized and limited to the short-term, two to eight week construction period each year. The remote and individually small scale work areas and the limited number of construction equipment will further reduce the level of potential dust i emissions. Moreover, construction-related earthmoving activities will occur during the daylight hours of summer and will avoid the high PM10 levels generally recorded in the evening and night hours and during the winter, when increased use of wood burning stoves and fireplaces occur,cool temperatures, low wind speeds, low inversion layers, and high humidity favor the buildup of PM levels. As part of the project, the District will follows its standard dust control measures to prevent fugitive dust: Dust resulting from ground disturbance shall be controlled by applying water or a dust palliative. Use of temporary enclosures, coverings and water sprinkling, or combinations thereof,will be used as necessary to limit dust to lowest practicable level. If required at each site,an Erosion Control and Pollution Prevention Plan will be developed and adherence will be required by the selected contractor. Water may not be used on dry surfaces to the extent that it causes flooding, erosion, or runoff. As a result,temporary air quality impacts from dust generated from project construction will result in a less than significant impact. 15 Less Than Significant III. AIR OUALITY(continued) Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact c) Result in a cumulatively considerable net increase of any ❑ 0 Q ❑ criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? c)Emissions released as a result of the project are not anticipated to cause a considerable net increase of any criteria pollutant for which the project region is in non-attainment. Emissions will be limited to project implementation(1-2 ponds are expected to be repaired each construction season). Limited use of vehicles and equipment are needed to implement the project(1-4 pieces of equipment are expected each construction season including but not limited to: bulldozer,excavator,water truck,and compactor). Large equipment will be stored onsite for the duration of the project. Emissions will be limited due to the short duration of construction expected to occur each season(estimated at two to eight weeks). An average of 3-4 vehicle trips daily is anticipated to and from the site in order to complete construction each year. Whenever feasible,workers will be encouraged to carpool to the project site. d) Expose sensitive receptors to substantial pollutant 0 0 ❑ Q concentrations? d)Due to the rural location of the project,no sensitive receptors are located within or adjacent to the project location. The nearest receptor is the La Honda Elementary School which is located over 2 miles away. e) Create objectionable odors affecting a substantial number ci ci 13 �7 of people? e No objectionable odors are expected and the number of people adjacent to the project is minimal. 16 Less Than Significant IV.BIOLOGICAL RESOURCES Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Have a substantial adverse effect,either directly or �7 through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? a) The Project will result in an improvement to the environment by repairing failing earthen berms and ponds in order to reduce downstream sediment delivery and improve habitat for the California red-legged frog (CRLF). Project implementation will remove invasive plant species that displace native vegetation. Impacts to special- status wildlife species potentially occurring within the project area can either be avoided or reduced to less than significant levels through project timing and incorporation of mitigation measures. Ponds within the project area are highly disturbed due to the large number of invasive plant species and long- term cattle use. Botanical surveys conducted by District staff did not reveal the presence of any special status plant species occurring within or immediately adjacent to ponds at the project site. Special status animal species are known to occur within the project site; however the potential for them to be affected is considered low because work will be confined to one to two ponds per season and work will occur during the dry season when aquatic species are not likely to be present. The project area is located within Critical Habitat for the California red-legged frog and potential habitat for the San Francisco garter snake(SFGS). CRLF are known to utilize ponds within the project area. During the wet season, CRLF utilize many of the ponds. During the dry season, CRLF disperse to upland vegetation locations. Through numerous surveys to date, SFGS have not been observed using the ponds or the surrounding preserve. Western Pond Turtle(WPT)has been observed at one of the pond locations. Special-Status Animal Species Special-status animal species that occur,or have the potential to occur within or adjacent to the project area include: CRLF, SFGS, WPT,dusky footed woodrat,Coho salmon, and steelhead trout. Information on natural history,potential for occurrence, and potential impacts to the species that may be affected by this project is discussed in detail below. California red-legged frog(Rana aurora draytonii) The California red-legged frog(CRLF) is federally-listed as threatened and is designated as a California species of special concern. It is one of two subspecies of red-legged frog(Rana aurora) endemic to the Pacific Coast. The CRLF is distributed throughout 26 counties in California,but is most abundant in the San Francisco Bay Area. The project area is located within the United States Fish and Wildlife Service's"SNM-2"critical habitat unit for the CRLF. Pond repairs are being undertaken to improve habitat for this species. Because CRLF occupy the project area, avoidance and mitigation measures have been incorporated that will reduce the potential to affect this species to a less than significant level. With the implementation of these measures,the project is not expected to result in injury or mortality to the CRLF or in any adverse affects to its designated or proposed critical habitat. 17 IV.BIOLOGICAL RESOURCES continued San Francisco garter snake(Thamnophis sirtalis tetrataenia) The San Francisco garter snake(SFGS) is federally and state-listed as endangered and is a fully protected species under Section 5050 of the California Fish and Game Code. An aquatic subspecies of the common garter snake and endemic to the San Francisco Bay Area, SFGS are distributed along the western San Francisco Peninsula from the southern San Francisco County border south to Waddell Lagoon south of Ano Nuevo and as far east as the Crystal Springs Reservoir Watershed. It often occurs with its primary prey species,the CRLF; however, it will opportunistically prey on a variety of species including other frogs,tadpoles,egg masses, newts, small fish, salamanders, reptiles, small mammals,birds and their eggs and several small invertebrates. r Preferred habitat for SFGS is comp Y g comprised of densely vegetated areas close to water where the snake can re treat when disturbed. The species often occurs near ponds, marshes, streams and other wetlands associated with cattails (Typha spp.),bulrushes (Amphiscirpus, Bolboschoenus, Isolepis, Schoenoplectus and Trichophorum spp.)and rushes(Juncus and Eleocharis spp.). Mating occurs shortly after they leave their winter retreats in May and females give birth to live young between June and September. Species may hibernate near the coastal areas in fossorial mammal burrows and other refuges,or remain active year-round,weather permitting. To date, no SFGS have been observed at the project site. Biological surveys conducted in 2006,2008,2009, 2010, and 2011 did not reveal the presence of SFGS at the project site. Although habitat at the project site is suitable for the SFGS, they are not assumed to be present(based on past survey data)until a confirmed observation occurs. However, mitigation measures have been incorporated into the project that will reduce the potential to affect this species to a less than significant level in the event that they are discovered. With the implementation of these measures,the project is not expected to result in harm, harrassment, injury,or mortality to the SFGS or adversely affect its potential habitat. Western Pond Turtle(Actinemys marmorata) The Western Pond Turtle(WPT) is a federal and state species of concern. Pond turtles are primarily aquatic,and are highly dependent on basking sites such as logs or sunny slopes for thermoregulation. WPT range from northern Baja California north to the Puget Sound of Washington state. Although they spend much of their active time in water, nearby upland habitat is essential for female WPT to burrow and deposit eggs. WPT have been observed at the La Honda Creek Open Space Preserve, and within one pond at the project site. Due to the presence of WPT, mitigation measures have been incorporated that will reduce the potential to affect the species to a less than significant level. With the implementation of these measures,the project is not expected to result in injury or mortality to the WPT or any adverse affects to its potential habitat. Impact BIO-1: California red-legged frogs occupy the project area and could potentially be harmed or harassed by project implementation. Impact BIO-2: Although numerous surveys have not resulted in San Francisco garter snake observations, suitable habitat is present within the project area indicating that snakes may be present and in need of mitigation measures for avoidance. Impact BIO-3: Western pond turtle are present within the project area and could be potentially harmed or harassed by project implementation. 18 IV.BIOLOGICAL RESOURCES (continued) Mitigations: (BIO- 1)To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle,worker environmental awareness training will be conducted for all construction crews and contractors that will be accessing the site. The education training will be conducted prior to starting work on the project and upon the arrival of any new worker. The training will include a brief review of the California red-legged frog, San Francisco garter snake,and western pond turtle, their life history, field identification,habitat requirements for each species, location of sensitive areas,possible fines for violations, avoidance measures, and necessary actions if sensitive species are encountered. (BIO-2)To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle,a biological monitor will be required to be present on site during all construction. The monitor will survey parking areas, staged equipment, access routes,and the project area prior to the beginning of construction each day. The biological monitor will continue to survey the project area throughout construction each day. (BIO-3)To avoid potential impacts to California red-legged frog, San Francisco garter snake,and western pond turtle, all earth work must be completed when ponds are dry,or for those ponds that do not completely dry, draining of ponds to perform earth work shall only occur during the part of the year when the tadpole life stage of California red-legged frog has been completed and before the subsequent breeding season. According to the Biological Opinion issued for the Project,this corresponds to a work period between August 15 and November 1. Within two days of the start of pond draining,the pond will be sampled by a qualified biologist to ensure that all frogs from the pond are in the post metamorphic stage and will be minimally affected by pond draining. (BIO-4)If California red-legged frog, San Francisco garter snake or western pond turtle are encountered, no work shall occur until the frog,snake or turtle has left the area on its own,or until a qualified wildlife biologist is consulted,and appropriate arrangements are made with United States Fish and Wildlife Service and the California Department of Fish and Game. San Francisco dusky-footed woodrat(Neotoma fuscipes annectens) The San Francisco dusky-footed woodrat is a state species of concern. Woodrats are small mammals that build nests made of sticks, typically at the base of trees and shrubs. The species prefers forested habitat with a moderate canopy and brushy understory,particularly on the upper banks of riparian forests or within poison-oak dominated shrublands. The dusky-footed woodrat is known to feed on a variety of woody plants, fungi, flowers and seeds. The project is located primarily in open pasture and wetland areas,which are not the preferred habitat for this species. To date, no woodrat nests have been observed in or adjacent to the ponds sites so no impact is anticipated; however, in the event a woodrat moves in to the area and a nest is discovered,the nest will be flagged for avoidance. Coho salmon (Oncorhynchus kisutch) Coho salmon are federally and state listed as an endangered species. The species ranges from Santa Cruz County,northward to Alaska. Coho salmon in San Mateo County are included in the listings for the Central California Coast Evolutionarily Significant Unit(ESU). An ESU is based on genetic and regional climatic and habitat conditions that can be distinguished from other regions within the species range. Coho salmon are an anadromous(ocean going)species that begin life in coastal streams during the rainy season. Eggs are deposited in stream gravels and fertilized. Small"fry"emerge from the gravels and then grow in the stream for their first year. Juvenile"smolts"out-migrate into the ocean during the spring and early summer and will typically spend two years at sea before returning to their natal stream to spawn and die. Coho salmon populations have dramatically decreased as a result of land use practices (timber harvesting,mining,agriculture,rural and urban development), water diversions,predation,and changing oceanic conditions. 19 IV. BIOLOGICAL RESOURCES(continued) The proposed project area is located above Harrington and Bogess Creeks,both tributaries to San Gregorio Creek. Coho salmon prefer low gradient streams for spawning and rearing. It is estimated that potential Coho salmon habitat exists within 1/2 mile of the project area based on stream topography and past California Department of Fish and Game(CDFG) inventories. Coho salmon populations from San Gregorio Creek were depressed in the 1960's and are believed to have been lost from the watershed during the late 1970's and early 1980's. A few juvenile coho salmon were once again observed in the middle portion of the main stem of San Gregorio Creek in 2006, approximately seven miles downstream of the project area. The project area consists of ponds located in upland areas high in the watershed. Intermittent stream flow below the ponds is discontinuous during the dry portion of the year which prevents fish from migrating upstream to the project sites. No significant indirect or direct impacts to Coho salmon or their habitat is expected as a result of the project due to the use of Best Management Practices (BMPs)previously approved by the CDFG and in use by the District (MROSD, 2007). Adherence to the BMPs will prevent erosion at the project site and downstream sedimentation that could otherwise affect Coho Salmon. Implementation of the project is expected to reduce erosion at the project site, which will contribute to improved water quality downstream. The potential for the project to negatively impact this species is considered less than significant. Steelhead trout(Oncorhynchus mykiss) Steelhead trout are an anadromous form of rainbow trout that spend part of their lives in the ocean before returning back to streams to spawn. Steelhead range from Alaska to Southern California. Steelhead trout are federally listed as threatened within the Central California Coast ESU, including San Mateo County. Steelhead are an anadromous (ocean going)species that begin life in San Mateo County coastal streams during the rainy season. Eggs are deposited in stream gravels and fertilized. Small"fry"emerge from the gravels and then grow in the stream typically for one to three years. Juvenile"smolts"out-migrate into the ocean during the spring and early summer where they spend between one and four years before returning to their natal stream to spawn. Unlike Coho salmon, steelhead do not necessarily die after spawning,but may once again move back to the ocean and return again to spawn. Steelhead have been documented spawning in successive years,though rarely more than two. Steelhead trout are known to inhabit San Gregorio Creek below the project area. Steelhead populations have also significantly decreased within the region due to the same factors as noted above for Coho salmon. Steelhead can utilize steeper portions of the stream network than Coho salmon. However,the project consists of ponds located in upland areas high in the watershed where intermittent stream flow below the ponds is discontinuous during the dry portion of the year which prevents fish from migrating upstream to the pond sites. Project implementation is expected to reduce erosion at the project site and contribute to improved water quality downstream which will benefit Steelhead trout. No significant direct or indirect impact to Steelhead or their habitat is expected as a result of the project due to the use of Best Management Practices(BMPs)previously approved by the CDFG and in use by the District (MROSD, 2007). Adherence to the BMPs will prevent erosion at the project site and downstream sedimentation that could otherwise affect Steelhead.The potential for the project to negatively impact this species is considered less than significant. 20 i I Less Than Significant IV. BIOLOGICAL RESOURCES(continued) Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact b) Have a substantial adverse effect on any riparian habitat Q or other sensitive natural community identified in local or regional plans,policies,and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? b)The project will occur during the dry season and will not adversely affect riparian areas, sensitive natural communities or wetlands identified in regional plans,policies and regulations. Work is being done in conjunction with a US Fish and Wildlife Service-issued biological opinion(USFWS,201Oa)and an Endangered Species Act Section 10(a)I(A)Recovery Permit(USFWS,2010b) in order to enhance habitat at La Honda Creek Open Space Preserve for both the California red-legged frog and San Franciscogarter snake. c) Have a substantial adverse effect on federally protected ❑ wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool, coastal,etc.)through direct removal, filling,hydrological interruption,or other means? c)The project is designed to improve water quality in federally protected wetlands and prevent downstream sedimentation in downstream jurisdictional streams. Project implementation will occur during the dry season to prevent impacts to wetlands. In cases where ponds do not fully dry during the dry season,a diversion will be used to reroute water around the area of impact until construction is complete, in these instances impacts to wetlands will be temporary in nature and the resulting wetland after construction will be in a improved state.. Impacts to wetland will be further reduced by adhering to the Districts Best Management Practices for completing work in water courses(MROSD 2007). All individual pond repair projects are subject to Section 404 of the Clean Water Act and consultation with the US Army Corps of Engineers(Corps)will occur during the design phase of each project to ensure that individual pond repair designs will result in an overall improvement to wetlands. Each season, earthwork will commence only after the appropriate Section 404 pe its are issued. d) Interfere substantially with the movement of any native 0 resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? d)The proposed project is located above the limits of anadromy, and no fish are present.Native and migratory fish populations are currently known to inhabit Harrington and Bogess Creeks,below the proposed project area. Both creeks are tributaries to San Gregorio Creek. Project improvements are expected to improve water quality within the project area and downstream from the project site. Project design through timing,phasing and limited duration each year avoids impacts to native resident or migratory wildlife. Work will be completed during the dry season after sensitive aquatic wildlife(CRLF)has had a chance to fully develop each year. It is anticipated that 1-2 ponds will be repaired each season to ensure alternate water sources are available for wildlife during individual pond repairs. In cases where ponds do not dry fully each year,temporary biological exclusion fencing will be placed prior to construction to redirect wildlife away from the area of impact. Any wildlife observed within the construction zone will be directed out of the project area by opening a section of the exclusion fence and observing the animal until it has left the area on its own. The biological monitor may halt construction at any time to allow safe passage of an animal. In the event an animal needs to be physically relocated out of the project area,transport will be performed by qualified personnel pursuant to the Biological Opinion and Recovery Permit issued by the USFWS for the project(See USFWS 2010a and 2010b). Project design elements including timing,phasing, and adherence to the Recovery permit issued for the project will insure that impacts to native or migratory wildlife species, their travel corridors,and nursery sites will be avoided to a less than significant level. I 21 II Less Than Significant IV. BIOLOGICAL RESOURCES (continued) Potentially With Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact e) Conflict with any local policies or ordinances protecting El biological resources, such as a tree preservation policy or ordinance? e)The project will not conflict with local policies or ordinances protecting biological resources.No significant or heritage trees will be removed. Any significant or heritage trees within or adjacent to individual work sites will be flagged for avoidance prior to project implementation. Tree removal associated with the project will be limited to those needed for pond recontouring or to rebuild earthen berms. At some locations small trees and branches are present on berm faces, along the outside margin of the ponds,or overhanging access roads and may need to be removed. Any removed trees will be replaced at a 3:1 ratio. (Three new trees planted for every one tree removed). f) Conflict with the provisions of an adopted Habitat [�( Conservation Plan,Natural Community Conservation Plan, or other approved local,regional,or state habitat conservationplan? f)The project is consistent with goals identified in the 2010 San Gregorio Creek Watershed Management Plan. No other habitat conservation plan, community conservation plan or local,regional,or state habitat conservation plan has been developed for the area. This project is consistent with the 2009 Pond Management Plan(Vollmar 2009)developed for the area by Vollmar Consulting on behalf of the District and approved by the USFWS in 2010. Less Than Significant V. CULTURAL RESOURCES Potentially With Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Cause a substantial adverse change in the significance of a [� historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of �( an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological [� resource or site or unique geologic feature? d) Disturb any human remains,including those interred Q outside of formal cemeteries? a-d)An archeology survey report(ARS)(Baldzikowski, 2009)was completed for the project area in 2009. The ARS indicated that during a 2007 survey of the area,consultant team Jones& Stokes did not identify any existing structures as historically or architecturally significant. No existing structures within the project area will be affected because the structures are not located within close proximity to the pond sites. One known Native American site(a bedrock mortar) is located within the La Honda Creek Preserve; however project implementation will be located away from this site and the mortar will not be impacted. An onsite survey of the project area conducted in 2009 by qualified District staff did not locate any archaeological or paleontological resources. Although the possibility of subsurface resources exists, it is considered unlikely because ground disturbance will occur in areas that have been previously disturbed during initial pond construction. Implementation of the project is unlikely to yield any undiscovered archaeological or paleontological resources. Due to these factors,the project is not anticipated to cause a substantial adverse change in the significance of a historical or archeological resource defined in § 15064.5 or directly or indirectly destroy unique paleontological resources or disturb any human remains. Impact CUL-1,CUL-2: Although impacts to cultural and paleontological resources are unlikely due to previous construction at the site,ground disturbance associated with reconstruction may expose undiscovered subsurface archaeological or paleontological features.In order to prevent disturbance to undiscovered cultural resources,the following mitigation measures are recommended. 22 I _ _ V.CULTURAL RESOURCES continued Mitigations: (CUL-1) Implementation of the following measures would reduce potential impacts to cultural and historical resources, including buried and unknown archeological and paleontological resources to a less-than significant level: • If any commonly recognized sensitive cultural resources such as human formed artifacts, including projectile points, grinding stones,bowls,baskets, historic bottles,cans, or trash deposits, are encountered during project construction, every reasonable effort shall be made to avoid the resources. Work shall stop within 100 feet of the object(s)and the contractor shall contact the District.No work shall resume within 100 feet until a qualified cultural and/or historical resources expert can assess the significance of the find. • A reasonable effort will be made by the District to avoid or minimize harm to the discovery until significance is determined and an appropriate treatment can be identified and implemented. Methods to protect finds include fencing and covering with protective material such as culturally sterile soil or plywood. • If vandalism is a threat, 24-hour security shall be provided. • Construction can continue 100 feet outside of the find location during the significance evaluation period and while mitigation for cultural and/or historical resources is being carried out. A qualified cultural and/or historical resources expert must be present onsite to monitor subsurface excavations within 100 feet of the find to ensure that impacts to resources are avoided. • If a resource cannot be avoided,a qualified cultural and/or historical resources expert will develop an appropriate Archaeological or Paleontological Action Plan for treatment to minimize or mitigate the adverse effects. The District will not proceed with reconstruction activities within 100 feet of the find until the Action Plan has been reviewed and approved. • Findings will be detailed in a professional report in accordance with current professional standards. Any non-grave associated artifacts will be curated with an appropriate repository. • Project documents shall include a requirement that project personnel shall not collect cultural and/or historical resources encountered during construction. This measure is consistent with federal guideline 36 CFR 800.13(a) for invoking unanticipated discoveries. (CUL-2).If hurnan remains are encountered,all work within 100 feet of the remains shall cease immediately and the contractor shall contact the District. The District will contact the San Mateo County Coroner to evaluate the remains, and follow the procedures and protocols set forth in §15064.5(e)of the CEQA Guidelines. No further disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has made a determination of origin and disposition,which shall be made within two working days from the time the Coroner is notified of the discovery,pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. If the remains are determined to be Native American,the Coroner will notify the Native American Heritage Commission(NAHC)within 24 hours,which will determine and notify the Most Likely Descendant(MLD). The MLD may recommend within 48 hours of their notification by the NAHC the means of treating or disposing of, with appropriate dignity,the human remains and grave goods. In the event of difficulty locating a MLD or failure of the MLD to make a timely recommendation, the human remains and grave goods shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance. 23 Less Than Significant VI.GEOLOGY AND SOILS Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a)Expose people or structures to potential substantial Q adverse effects,including the risk of loss,injury,or death involving: i) Rupture of a known earthquake fault,as delineated [,7� on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii)Seismic-related ground failure,including Q liquefaction? iv)Landslides? [�( a)According to the California Geologic Survey,the project location has not been mapped for fault zones by the California Geological Survey under the Alquist-Priolo Earthquake Fault Zoning Act. However,the larger area surrounding the project site has been mapped on the Mindego Hill,Woodside,and Franklin Point Seismic Hazard Zones Quadrangle maps. These maps indicate"areas where previous occurrence of landslide movement, or local topographic,geologic, geotechnical and subsurface water conditions indicate a potential for permanent ground displacements."Although ground displacements may occur on surrounding lands,the project is actually designed to improve the condition of the existing ponds and earthen berms in order to prevent failure during such an event. Major active faults in the vicinity of the project area are the San Andreas and San Gregorio faults, which are located approximately 4 miles northeast and 6 miles southwest,respectively. Minor faults that may possibly be active include the La Honda fault extending approximately 0.5 miles south of the community of La Honda northwest toward highway 92 and the Woodhaven fault approximately 2 miles north of the project area trending northwest(Brady 2004). Although there is the potential for on-site fault rupture or severe ground shaking during a large magnitude earthquake,these risks are considered negligible and highly unlikely in the project area during project construction. Project design and a project location in an unpopulated setting having no overhead hazards, and where no new roads, trails or structures are proposed, will prevent exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury,or death from rupture of a known earthquake fault. According to the Association of Bay Area Governments online liquefaction map, and San Mateo County Hazard and Mitigation maps, the project area has a very low potential to experience liquefaction. Although the proposed project is located in an area where landslides may occur, the project is not expected to increase the potential for landslides. Reconstruction of failing ponds and earthen berms is designed to reduce the possibility of future slumping of material into drainages below. A Certified Engineering Geologist or Professional Engineer/Geotechnical Engineer will be required to prepare individual pond reconstruction design plans and specifications. Design plans will identify areas of grading and placement of materials and identify methods for project implementation to avoid the potential for landslides. All earth work will occur during the dry season and require the use of erosion controls to reduce the possibility of a rain driven landslide event. 24 Less Than Significant V1. GEOLOGY AND SOILS (continued) Potentially with Less Than Significant Mitigation Significant Would the project: Impact Incorporation Impact No I mWt b) Result in substantial soil erosion or the loss of topsoil? b)All earth work will occur within areas immediately surrounding existing ponds,berms and spillways. Design plans and specifications will be prepared by a Certified Engineering Geologist or Professional Engineer/Geotechnical Engineer. Design plans specific to each pond repair will identify erosion control methods in order to prevent substantial soil erosion or loss of topsoil. Site specific revegetation plans using native plants will be developed. Installation of cattle exclusion fencing and water troughs will be used to prevent concentration of cattle around single water sources to further reducing erosion. All earth work will occur during the dry season to further reduce the potential for soil erosion or loss of topsoil. Best Management Practices previously approved by the CDFG(MROSD 2007) and in use by the District will prevent soil erosion, reduce the potential for loss of topsoil, and prevent downstream sedimentation during project implementation. Successful implementation of individual pond repairs is expected to improve the overall condition of topsoil,by removing areas of actively eroding soils and replanting them with native vegetation or asture grasses. c) Be located on a geologic unit or soil that is unstable,or ❑ ❑ that would become unstable as a result of the project,and potentially result in on-or off-site landslide,lateral spreading,subsidence,liquefaction or collapse? c)The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. As mapped and described in the Soil Survey, San Mateo Area California(U.S.D.A. Soil Conservation Service 196 1)and A Supplement to Soil Survey, San Mateo Area California(U.S.D.A. Soil Conservation Service 1973)soils in the project area include loams and clay loams on moderately steep to very steep slopes. Soil units include: Butano, Gazos,Laughlin Sweeny and Santa Lucia loams, and Sweeny clay loams. Although some landslide-prone areas occur at middle elevations within the project area, individual ponds are located in areas that are generally considered"stable"because the landscape is not sufficiently steep, so shallow landslides are not expected to occur. Naturally occurring deep-seated landslides involving the underlying bedrock may occur in the area(Best 2007b),but are not expected to increase as a result of implementing small scale and improvements. d) Be located on expansive soil,as defined in Table 18-1-B of 0 the Uniform Building Code(1994),creating substantial risks to life or property? d)The project is not located on expansive soils or located on lateral spreading, subsidence, liquefaction or collapse prone soils. e) Have soils incapable of adequately supporting the use of 0 septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? e)No septic tanks or alternative waste water disposal systems will be installed as part of the project. 25 Less Than Significant VII.GREENHOUSE GAS EMISSIONS -- Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Generate greenhouse gas emissions,either directly or 11 0Q indirectly,that may have a significant impact on the environment? a)As stated in Appendix G of the State CEQA Guidelines, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to determine the significance of GHG or climate change 'Impacts. Pursuant to BAAQMD's CEQA Air Quality Guidelines(BAAQMD 2011),the proposed project would result in a significant air quality impact if it would result in annual operational emissions greater than 1,100 metric tons per year(MT/yr)of CO2e. Due to the small project footprint, limited equipment needed to implement the project, and short construction duration each year, implementation of the project will not generate emissions greater than 1,100 metric tons per year(MT/yr)of CO2e either directly or indirectly. Although, the proposed project will result in some GHG emissions during construction they will be short term and temporary in duration. GHG emissions will be primarily generated from mobile sources and will vary as a function of the types and number of heavy duty, off road equipment used and the intensity and frequency of their operation; and the number of vehicle trips per day associated with delivery of construction materials, the importing and exporting of soil,vendor trips,and worker commute trips. However, even all of these sources combined over the life of the project will not exceed 1,100 metric tons per year(MT/yr)of CO2e. Project specific emissions will be limited each year because project implementation will occur over time(usually 1-2 ponds will be repaired each construction season). Limited use of vehicles will be needed to implement the project(1-4 pieces of equipment are expected each construction season including but not limited to: bulldozer, excavator,water truck, and compactor). Emissions will be further limited due to the short duration of construction expected to occur each season(estimated at two to eight weeks).An average of 3-4 vehicle trips daily is anticipated to and from the site in order to complete construction each year. Whenever feasible,workers will be encouraged to carpool to the project site. The number of daily trips and limited equipment use will have less daily and cumulative emission outputs than larger District projects where the quantity of emissions was specifically estimated and were not found to exceed the applicable threshold for CO2e not to be cumulatively considerable. Specific larger-scale District projects that were not found to have GHG emission impacts that exceeded the applicable threshold nor were cumulatively considerable include the Mount Umunhum Environmental Restoration and Public Access Project and the El Corte de Madera Parking/Staging Area and Trails Project. Given that construction related impacts from this project will be significantly less than those measured above(that were not found to be significant) implementation of the project will not substantially contribute to the cumulative impact of climate change nor exceed applicable thresholds. 26 Less Than Significant VLI.GREENHOUSE GAS EMISSIONS (continued) -- Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact b)Conflict with an applicable plan,policy or regulation [J� adopted for the purpose of reducing the emissions of greenhousegases? b)Various statewide and local initiatives to reduce the state's contribution to GHG emissions have raised awareness that, even though the various contributors to and consequences of global climate change are not yet fully understood,global climate change is under way,and there is a real potential for severe adverse environmental, social, and economic effects in the long term. Locally, San Mateo County is currently in the process of developing an Energy Efficiency Climate Action Plan(EECAP)to build on its existing Energy Reduction Strategy and Adaptation Plan. In general,the creation of a regional greenbelt of open space such as the District greatly benefits the GHG reduction initiatives undertaken in the San Francisco Bay Area. District acquisition and protection of open space lands(including grasslands and forests)prevents land use conversion from open space(which provides carbon sequestration benefits)into developed land. Through these land acquisitions and ongoing stewardship,the District is complying with voluntary actions identified in the Scoping Plan created for the California Global Warming Solutions Act in order to decrease emissions of carbon dioxide(CO2)and other greenhouse gases (GHGs). Mere existence of the District land preserved in perpetuity represents the potential for ongoing carbon sequestration in support of existing plans,policies and regulations. Temporary construction related impacts from the project are not considered significant and do not conflict with any plan,policy, or regulation adopted to reduce greenhouse gas emissions. Therefore, impacts related to conflict with established GHG reduction plans would be less than significant. (Less than Significant) i I 27 Less Than Significant VIII. HAZARDS AND HAZARDOUS MATERIALS Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Create a significant hazard to the public or the [� environment through the routine transport,use,or disposal of hazardous materials? a)One SLIC site (Spills, Leaks, Investigation, and Cleanup)was identified from the State Water Resource Control Board Geotracker database(SWRCB 2011). The SLIC site identifies an area of potentially contaminated soils within the La Honda Creek Open Space Preserve. The Potential contaminants listed include: Other Insecticides, Pesticide,Fumigants, Herbicides,Diesel, Heating Oil and Fuel Oil. A 2008 Remedial Investigation (RI)report for the Preserve was prepared on behalf of the Midpeninsula Regional Open Space District(the District)by Northgate Environmental Management, Inc (Northgate 2008). The RI report identified 5 specific contamination areas within the Preserve(The Main Oil Field Area,Tank Farm Area,Product Tank Area, Stock Corral#5 and Fuel.Aboveground Storage Tank). Only one of these sites(Stock Corral#5)is located in proximity to the overall project area(see Figure 2),however this site is well away from individual pond locations, so no soil disturbance will occur and no significant hazard to the public or the environment will occur. Additional information regarding the Stock Corral#5 SLIC site can be found in Northgate Environmental 2008. During implementation,project contractors will be required to follow all necessary regulations involved in the transportation, use and disposal of an hazardous materials needed to implement the project such as equipment p p Y p P J ( fuel and lubricants). b) Create a significant hazard to the public or the [�( environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? b)Few hazardous materials are needed to implement the project(typical construction equipment fuel and lubricants). In the event of an unintended spill or other hazardous material incident, District Rangers trained in first aid will be available as first responders to potential emergencies,until a hazardous materials team can arrive. The District's radio and repeater system together with ranger and staff availability on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event of a hazardous materials emergency. No significant hazard to the ublic is antici ated. c) Emit hazardous emissions or handle hazardous or acutely Q hazardous materials,substances,or waste within one- quarter mile of an existing or proposed school? c No existing or proposed school is located within one-quarter mile of the project site. d) Be located on a site which is included on a list of Q hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? d No hazardous materials sites pursuant to Government Code Section 65962.5 exist on the site. e) For a project located within an airport land use plan or, 11 El 11 R1 where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? e) The project is not located within an area affected by an airport land use plan or within two miles of a public airport. 28 Less Than Significant VIII.HAZARDS AND HAZARDOUS MATERIALS Potentially with Less Than Significant Mitigation Significant continued Would theproject: Impact Incorporation Impact NoImpact f) For a project within the vicinity of a private airstrip, 11 0 21 would the project result in a safety hazard for people residing or working in the project area? f)The project is not located within the vicinity of a private airstri . g) Impair implementation of or physically interfere with an [71 adopted emergency response plan or emergency evacuationplan? g)The project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. h) Expose people or structures to a significant risk of loss, Q injury or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? h)According to the California Department of Forestry and Fire Protection,the project area is located in a moderate fire hazard zone,based on vegetation type(fuel),topography(especially slope),weather(temperature, humidity, and wind), frequency and severity of past fires, and how far fire brands move and where they are likely to land(Calfire 2011a). This designation notwithstanding,the project would not change the degree of exposure to wildfires to a level of significance. Equipment operation has the potential to ignite fires;however the area surrounding the pond sites is typically grazed which often results in lower than expected fuel loadings within immediate equipment work areas. Contractors will also be required to have adequate fire suppression tools, including an"ABC"fire extinguisher and hand tools, on site during the project to extinguish any accidental ignitions. During periods of high fire danger,vehicles having catalytic converters shall not be allowed outside of previously cleared staging areas,work areas, or off of established roadways. In addition, District Ordinance 93-1, Section 404,prohibits fires and smoking on District lands. District Rangers trained in fire- fighting techniques and carrying fire suppression equipment regularly patrol the Preserve. District staff are often first responders to fire emergencies,with the primary fire protection provided by the California Department of Fire and Forestry, County Fire Departments,and municipal fire protection agencies. The District's radio and repeater system together with ranger patrols and staff on call 24 hours per day provides for effective communication for prompt notification to emergency service providers in the event of a wildland fire or emergency response call. The short duration of the project and on site fire suppression capabilities reduce this potential impact to less than significant. 29 Less Than Significant IX. HYDROLOGY AND WATER QUALITY Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Violate any water quality standards or waste discharge [J� requirements. a)The project will be completed using Best Management Practices approved by the California Department of Fish and Game (MROSD 2007)and in accordance the District's routine maintenance agreement with the San Francisco Bay Regional Water Quality Control Board(RWQCB 2010). Implementation of the project will prevent violation of water quality standards or waste discharge requirements by repairing failing earthen berms and improving inadequately sized spillways. Site specific erosion control measures will be implemented during each pond repair in order to prevent downstream soil movement during construction. b) Substantially deplete groundwater supplies or interfere 0 0 �7 substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? b)No depletion in groundwater or recharge is expected to occur. To the contrary, as a result of pond repairs, longer ponding duration may result in a slower recharge rate at localized pond sites. c) Substantially alter the existing drainage pattern of the site [� or area,including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? c) At each pond location, project design will improve existing spillways in a manner that will not alter the existing drainage pattern at the site. Pond spillways and outlets pipes will be installed in such a manner that overflow from the pond sites during storm events will be directed in the downstream channel. Adequate sizing and repair of the outlets at each of the pond sites will prevent substantial erosion and siltation that could otherwise occur if the berms are left in their current failing state. d) Substantially alter the existing drainage pattern of the site ❑ ❑ �7 or area,including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? d)Pond repairs involve adequately sizing, designing, and installing outlets for each of the ponds. Improved design will prevent overtopping of the earthen berms and provide a controlled discharge of water into downstream water sources during storm events to prevent any on or off site flooding. e) Create or contribute runoff water which would exceed the Q capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? e)Pond repairs involve adequately sizing, designing,and installing outlets for each of the ponds. Hydrologic analyses are completed prior to construction to ensure that stormwater does not exceed capacity of planned improvements. Improved design will prevent overtopping of the earthen berms and provide adequate capacity for discharge of stormwater. f) Otherwise substantially degrade water quality? f) Implementation of the project will not substantially degrade water quality. Project implementation will improve water quality by repairing failing earthen berms and providing adequately sized spillways. Site specific erosion control measures will be implemented during each pond repair in order to prevent downstream soil movement during construction. 30 Less Than Significant IX.HYDROLOGY AND WATER QUALITY(continued) Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact g)Place housing within a 100-year flood hazard area as 11 0 0 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g)The project will not place housing within a 100-year flood hazard area.No housing is involved with this project. h) Place within a 100-year flood hazard area structures 0 2 which would impede or redirect flood flows? h)According to data derived from the Flood Insurance Rate Maps (FIRMS)published by the Federal Emergency Management Agency,none of the work areas are located within a 100-year flood hazard zone(FEMA 2011), so no structures will be placed in a100- ear flood hazard zone. i) Expose people or structures to a significant risk of loss, Q injury or death involving flooding,including flooding as a result of the failure of a levee or dam? i) The nearest downstream homes are located over 1.5 stream miles away. Due to the small size of the stock watering ponds and their location high in the watershed, if any of the earthen berms were to fail,pond water would dissipate locally within the surrounding Preserve before reaching downstream housing;therefore,there is no significant risk of loss, injury or death from downstream flooding. j) Inundation by seiche,tsunami,or mudflow? Due to the ro'ect's location, there is no risk from inundation by seiche,tsunami, or mudflow. Less Than Significant X. LAND USE AND PLANNING Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Physically divide an established community? ❑ ❑ 11 [�( a The project is located in a rural setting and does not physically divide an established community. b) Conflict with any applicable land use plan,policy,or 0 ❑ ❑ [� regulation of an agency with jurisdiction over the project (including,but not limited to the general plan,specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? b)The project is consistent with the San Mateo County General Plan in that the Preserve is designated General Open Space and Agricultural/Grazing Lands. The agricultural/grazing designation allows for cattle grazing. Therefore,current and future use of the land for open space and grazing remains consistent with San Mateo County's General Plan.No changes to land use are being proposed in order to implement pond repair projects. Pond repairs are being undertaken for resource management purposes in order to protect special status animal species and their habitat regardless of the status of continued or future grazing operations at the site. The project area is consistent with the San Mateo County Zoning Regulation in that the Preserve is on land zoned Resource Management(RM). Within the RM zone, agriculture, livestock raising and grazing,and public recreation are permitted uses. The proposed project complies with all environmental quality criteria identified within the Zoning Regulations for the RM zone including,water resources, cultural resources,primary scenic resources areas, fish and wildlife habitat and all environmental regulations for emissions of air pollutants, introduction of noxious odors, noise levels,changes in vegetation cover,erosion control, and effects to wildlife resources. The proposed project is considered a compatible use within the RM zone,because it will not result in new development and will not impact the existing cattle grazing operation. Resource protection activities, such as habitat restoration, invasive weed management,erosion control, and watershed protection,when implemented to enhance wildlife habitat and to improve grazing opportunities, do not conflict with the San Mateo County General Plan or Zoning Regulations for the RM zone. 31 r Less Than Significant X.LAND USE AND PLANNING(continued) Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact c) Conflict with any applicable habitat conservation plan or11 El 11 Q natural community conservationplan? c)No applicable habitat conservation plan or natural community conservation plan is in place for the project location. Less Than Significant XI. MINERAL RESOURCES E Potentially with Less Than Significant Mitigation Significant Would the project: Impact Incorporation Impact No Impact a) Result in the loss of availability of a known mineral Q resource that would be of value to the region and the residents of the state? a No mineral resources of value to the region and the residents of the state are known to occur at the pro'ect site. b) Result in the loss of availability of a locally-important Q mineral resource recovery site delineated on a local general plan,specific plan or other land useplan? b)No mineral resources locally important or delineated on a local general plan, specific plan or other land use plan are known to occur at the project site. Less Than Significant XII.NOISE Potentially with Less Than Significant Mitigation Significant Would the project result in: Impact Incorporation Impact No Impact a) Exposure of persons to or generation of noise levels in Q excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? a)According to the San Mateo County General Plan Noise Element, significant noise impacts occur when the noise levels are equal to or above 60 Community Noise Equivalent Level(CNEL). Exterior noise exposure levels of 70 CNEL or greater are considered significant for residential developments according to the State of California. Within the Preserve, current ambient noise levels are well under 60 CNEL.Noise-generating activities such as driving of vehicles to the project area,and operation of vehicles and equipment during the short construction periods, and ongoing monitoring of the project sites would occur during daytime hours within the remote setting of the Preserve,well removed from nearby residences. The nearest occupied residence is located over one half mile away from the project area. Therefore noise levels will not expose persons to or generate noise levels in excess of any applicable standards. This impact is less than significant. b) Exposure of persons to or generation of excessive 1 ❑ 0Q roundborne vibration or groundborne noise levels? b) Groundborne vibration and groundborne noise levels will be confined to the project site.No persons are located immediately adjacent to the project site, so there will be no impact. The nearest occupied structure is a rural ranch residence located over one half mile away that will not experience ground borne vibration or ground borne noise as a result of the project. c) A substantial permanent increase in ambient noise levels 0 Q in the project vicinity above levels existing without the project? c No permanent increase in ambient noise levels will occur. 32 i 1' Less Than Significant XH.NOISE (continued) Potentially with Less Than Significant Mitigation Significant Would the project result in: Impact Incorporation Impact No Impact d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without theproject? d)During project implementation vehicles and equipment will generate temporary increases in noise levels. The nearest occupied structure is a rural ranch residence located over one half mile away. Project work will occur in a remote portion of the La Honda Creek Open Space Preserve that is currently closed to public use,and will remain closed during project construction. Due to the remote location and lack of receptors, the temporary, short -term increase in noise will result in a less than significant impact. e) For a project located within an airport land use plan or, ❑ ❑ ❑ Q where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? e The project is not located within an airport land use plan. f) For a project within the vicinity of a private airstrip, ❑ ❑ ,7 would the project expose people residing or working in the project area to excessive noise levels? t)The project is not located within two miles of an airport or private airstrip. Less Than Significant XIII.POPULATION AND HOUSING Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Im act a) Induce substantial population growth in an area,either 11 ❑ 21 directly(for example,by proposing new homes and businesses) or indirectly(for example,through extension of roads or other infrastructure)? a The project will not result in population growth. b Displace substantial numbers of existing housing,P g g, ❑ ❑ ❑ Q necessitating the construction of replacement housing elsewhere? b)The project will not displace existing housing. c) Displace substantial numbers of people, necessitating the ❑ ❑ 0 Q construction of replacement housing elsewhere? c)The project will not displace people. i 33 Less Than Significant Potentially with Less Than Significant Mitigation Significant XIV.PUBLIC SERVICES Impact Incorporation Impact NoImpact a) Would the project result in substantial adverse physical 0 0 ❑ Q impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: a The project will not require the need for new or physically altered overnment or public facilities. b)Fire protection? Police protection? Schools? Parks? Other Q public facilities? b)The project will not require the need for new or physically altered government or public facilities (including schools and parks),or additional fire or police protection. Less Than Significant Potentially with Less Than Significant Mitigation Significant XV. RECREATION Impact Incorporation Impact No Impact a) Would the project increase the use of existing 11 ❑ 0 Q neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? a)The project area is currently closed to public use. Implementation of the project will not result in a change in this status. The project objective of pond repair will not increase the anticipated visitor use when the site is open for public use. b) Does the project include recreational facilities or require 0 the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? b)The project area is currently closed to public use. Implementation of the project will not result in a change in this status or require the need for new or additional recreation facilities. The pond repair project will not increase the anticipated visitor use at the Preserve once the site is open for public use. Less Than Significant XVI.TRANSPORTATION/TRAFFIC Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact a) Conflict with an applicable plan,ordinance or policy CJ( ❑ establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections,streets, highways and freeways,pedestrian and bicycle paths,and mass transit? a)The San Mateo County Congestion Management Program identified a Level of Service(LOS) standard for State Highway 84 running through the town of La Honda as a"C",meaning that the highway has"stable traffic flow,but less freedom to select speed of change lanes". Implementation of the project will result in no more than an additional 4 vehicle trips per day for 2-8 weeks at a time each year,which will not affect the current level of service on the roadway. Implementation of the project will not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the nearby circulation system(State Highway 84). 34 Less Than Significant XVI. TRANSPORTATION/TRAFFIC (continued) Potentially with Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact NoImpact b) Conflict with an applicable congestion management 11 R1 program,including,but not limited to level of service standards and travel demand measures,or other standards established b the coup congestion Y county g management agency for designated roads or highways? b)The San Mateo County Congestion Management Program identified a Level of Service(LOS)standard for State Highway 84 running through the town of La Honda as a"C",meaning that the highway has"stable traffic flow,but less freedom to select speed of change lanes". Implementation of the project will result in no more than an additional 4 vehicle trips per day for 2-8 weeks at a time each year, which will not affect the current level of service on the roadway. Implementation of the project will not conflict with applicable congestion management programs and will not impact the current level of service on the n arby his2zhwa . c) Result in a change in air traffic patterns,including either Q an increase in traffic levels or a change in location that result in substantial safety risks? c No change in aircraft patterns will occur as a result of the project. d) Substantially increase hazards due to a design feature Q (e.g.,sharp curves or dangerous intersections) or incompatible uses (e.g.,farm equipment)? d)The project is confined to existing pond sites and the currently used rural ranch road network. Pond repairs and incidental road upgrades will add no new design features such as sharp curves and will not introduce incompatible uses. The road network will generally be used"as is"to access the site,with only spot maintenance allowed to provide access to a site or to provide erosion control after construction.No substantial increase in transportation or traffic related hazards or incompatible uses will occur as a result of project design features. e) Result in inadequate emergency access? Q e) Staging and parking areas located adjacent to the existing road network will allow for organized assembly of contractor vehicles and equipment to ensure that Preserve roads and trails remain open to routine Ranger patrol to allow for through access in the event of an emergency. f) Conflict with adopted polices,plans, or programs 0 11Q regarding public transit,bicycle,or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? f)No adopted policies,plans or programs exist in the area regarding public transit,bicycle, or pedestrian facilities, so implementation of the project will not conflict with or decrease the performance or safety of these facilities. g) Conflict with adopted policies,plans,or programs Q supporting alternative transportation(e.g.,bus turnouts, bicycle racks)? The project does not conflict with any adopted plans or programs supporting alternative transportation. 35 Less Than Significant XVII. UTILITIES AND SERVICE SYSTEMS Potentially With Less Than Significant Mitigation Significant Would theproject: Impact Incorporation Impact No Impact a) Exceed wastewater treatment requirements of the 0 11 0 L1 applicable Regional Water Quality Control Board? a)The project will not exceed wastewater treatment requirements of the Regional Water Quality Control Board. No wastewater facilities are involved in the project. b) Require or result in the construction of new water or ❑ 0 0 Q wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? b)The project will not require construction or expansion of a new wastewater treatment facility as pond repair will not increase visitor usage when the site is open for public use. In addition,the District does not install wastewater treatment facilities other than self-contained vault toilets. c) Require or result in the construction of new storm water 0 ❑ Q 11 drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c)The project primarily involves repairs to existing storm water facilities. However in some instances new or expanded spillways(often secondary) and/or earthen berms will be required to safely store and convey pond water back into natural channels. Installation of new or expansion of existing berms and/or spillways will be minimized except when site specific conditions dictate the need for new or expanded facilities (as opposed to simply rebuilding existing facilities). Individual pond design specifications will be informed by site specific studies and designed by a professional engineer. Because new or expanded facilities only result when warranted by site specific conditions or inadequacies in the original pond design, improvements will result in safer, adequately sized, site specific facilities than those that currently exist and therefore will not cause significant environmental effects. d) Have sufficient water supplies available to serve the Q project from existing entitlements and resources,or are new or expanded entitlements needed? d) Sufficient on site water supplies for construction needs, such as watering to control dust or to adequately mix soils, is sufficient to serve the project. No off site water will need to be trucked in or provided by municipal sources. No new or expanded entitlements are needed. e) Result in a determination by the wastewater treatment [� provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? e)The project area is not served by a wastewater treatment provider. Onsite septic systems provide adequate capacity for onsite ranch tenants. Contractors will be required to provide their own portable restroom facility during construction. f) Be served by a landfill with sufficient permitted capacity [� to accommodate the ro'ect's solid waste dis osal needs? f)The contractor will be required to dispose of any project debris at an approved solid waste facility. Little to no construction debris is anticipated. g) Comply with federal,state, and local statutes and ❑ cl Q regulations related to solid waste? g)Implementation of the project will comply with federal, state,and local statues and regulations related to solid waste. 36 Less Than Significant Potentially with Less Than Significant Mitigation Significant XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Impact Incorporation Impact No Impact a) Does the project have the potential to degrade the quality 0 Q of the environment substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? a)The purpose of the project is to improve habitat for the CRLF and continue to provide water for onsite cattle while reducing the potential for erosion and removing non-native and invasive plant species. Implementation of mitigation measures will prevent substantial impacts to native fish,wildlife,and rare plants species and their habitats. Adheringto mitigation measures will prevent impacts to cultural, historical andpaleontological g P P i resources that may represent important periods of California histo or prehistory. b) Does the project have impacts that are individually [�7( limited,but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and the effects of probable future projects)? b)Analysis of cumulative impacts identifies existing and possible future projects that may produce related impacts, and then examines how the proposed project and these possible future open space management actions may combine to act cumulatively. Pond improvements are expected to result in successful breeding of California red-legged frog,which may result in an increase in the local frog population. Prey species for the frog may experience a decline until population dynamics stabilize. An increase in predators of the frog may also occur as frog food supply increases. These cumulative impacts are expected to stabilize over time and will have a less than significant impact to the environment. Positive impacts from the project will result in longer ponding duration, an increase in shallow wetland habitat allowing for additional pond vegetation and CRLF breeding sites. Improved earthen berms and spillways will provide for a longer term viability of the ponds resulting in improved water resources for aquatic species and longer water availability for cattle during the dry season. Pond repairs will prevent sediment discharge to an anadromous reaches of Bogess, Harrington and San Gregorio Creeks resulting in better protection for downstream fish species. c) Does the project have environmental effects which will ❑ [1 0 cause substantial adverse effects on human beings,either directly or indirectly? c)Project implementation will not result in substantial direct and indirect substantial adverse impacts to human beings. Contractors and District staff will wear personal protective equipment during project construction. As designed,pond management actions do not pose a significant risk to human beings. 37 SOURCES REFERENCED 1. Ascent Environmental, Inc.,Mount Umunhum Environmental Restoration and Public Access Project,Draft Environmental Impact Report,prepared for Midpeninsula Regional Open Space District, 2011. I n r ' t / wnl 2011.12.12.MtUmN A DEIR. d ht ://www.o ens ace.or a s o ec s do oads/ O ( tP P P tip � J _ p f) 2. Association of Bay Area Governments, liquefaction map. Accessed online August 2011: (http://www.abag.ca.gov/bayarea/eqmaps/liquefac/bayaliqs.gif) 3. Bay Area Air Quality Management District CEQA Guidelines,2011. (http://www.baaqmd.gov/-/media/Files/Planning%20and%2OResearch/CEQA/BAAQMD%20CEQA%2OGui 0 0 deletes/o20May/0202011.ashx?la=en) 4. Baldzikowski M. Archaeological Survey Report,Former Wool Ranch Pond Complex, La Honda Creek Open g Y P p P Space Preserve, San Mateo County, California, September 2009. Available upon request from Midpeninsula Regional Open Space District. 5. Best, Timothy C. (Best 2007a), Road and Trail Erosion Inventory: La Honda Creek Open Space Preserve, June 2007. Available upon request from Midpeninsula Regional Open Space District. 6. Best, Timothy C. (Best 2007b), Driscoll Ranch Road Erosion Inventory,La Honda Creek Open Space Preserve, September 2007. Available upon request from Midpeninsula Regional Open Space District. 7. Brady, R. H. III, S. Pearce, L. McKee, S. Overton,and C. Striplen.,Fluvial geomorphology,hydrology, and riparian habitat of La Honda Creek along the Highway 84 transportation corridor, San Mateo County, California, June 2004. Accessed online August,2011: (http://www.sfei.org/node/1700) 8. California Department of Fish and Game(CDFG 2002), California Salmonid Stream Habitat Restoration Manual, State of CA Resources Agency,2002. 9. California Department of Fish and Game(CDFG 2011),Natural Resources Database(CNDDB)Quick Viewer,La Honda Quadrangle. Accessed online August 2011: (http://imaps.dfg.ca.gov/viewers/enddb_quickviewer/app.asp) 10. California Department of Forestry and Fire Protection(Calfire 2011 a). Fire Hazard Severity Zone Development Accessed online 2011: (http://www.fire.ca.gov/fire_prevention/fire_prevention_wildland_zones_development.php) 11. California Department of Forestry and Fire Protection(Calfire 201 lb). San Mateo County Fire Hazard Severity Zone Map adopted 2007. Accessed online August 2011: (http://frap.cdfca.gov/webdata/maps/san-mateo/fhszs-map.4l.pdf) 12. California Geological Survey. Special Publication 42 Fault-Rupture Hazard Zones in California,Alquist- Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zones Maps, Interim Revision 2007. Available upon request from Midpeninsula Regional Open Space District. 13. City/County Association of Governments of San Mateo County, Final San Mateo County Congestion Management Program., 2011. Accessed online November 2011: (http://www.ccag.ca.gov/pdf/Studies/Final%202011%20CMP_Nov 11.pdf) 14. Federal Emergency Management Agency(FEMA)Flood Zones in San Mateo County. Accessed online August 2011: (http://www.co.sanmateo.ca.us/Attachments/planning/PDFs/Maps/FEMA_FLOOD.pdf) 15. Midpeninsula Regional Open Space District(MROSD 2005),Mitigated Negative Declaration,POST Driscoll Ranch Addition to La Honda Creek Open Space Preserve, San Mateo County, CA, 2005. Available upon request from Midpeninsula Regional Open Space District. 16. Midpeninsula Regional Open Space District(MROSD 2007), Best Management Practices and standard Operating Procedures for Routine Maintenance Activities in Water Courses 2007. Available upon request from Midpeninsula Regional Open Space District. 17. Midpeninsula Regional Open Space District(MROSD 2009), Mitigated Negative Declaration, El Corte de Madera Creek Parking/Staging Area and Trails Project, El Corte de Madera Creek Open Space Preserve, San Mateo County,CA, 2009. Available upon request from Midpeninsula Regional Open Space District. 18. Natural Heritage Institute, San Gregorio Creek Watershed Management Plan,June 2010. Accessed online August 2011: (http://www.sanmateorcd.org/SanGregorioWMP final.pdf) 19. Natural Resources Conservation Service(MRCS 201 la). U.S. General Soil Map(State Soil Geographic Database), 2006. GIS data available for download at: (http://soils.usda.gov/survey/geography/statsgo/),accessed August 2011. 38 20. Natural Resources Conservation Service(NRCS 201 lb). Web Soil Survey,Farmland Classification. Accessed online August 2011: (http://websoilsurvey.nres.usda.gov) 21. Northgate Environmental Management Inc. (Northgate 2008)Remedial Investigation Report,Driscoll Ranch Property,La Honda, San Mateo County, California,December 2008. Available upon request from Midpeninsula Regional Open Space District. 22. Northgate Environmental Management Inc. (Northgate 2009) Soil Management Plan, Driscoll Ranch Property, La Honda, San Mateo County, California,December 2009. Available upon request from Midpeninsula Regional Open Space District. 23. San Francisco Bay Regional Water Quality Control Board(RWQCB 2010),Waste Discharge Requirements and Water Quality Certifications for Routine Maintenance Activities for Mid-Peninsula Open Space District, Order No. R2-2010-0083,2010. Available upon request from Midpeninsula Regional Open Space District. 24. San Francisco Bay Regional Water Quality Control Board(RWQCB 2011), 2002 CWA Section 303(d)List of Water Quality Limited Sediment,Approved by United States,Environmental Protection Agency, July 2003. Accessed online August 2011: (http://www.waterboards.ca.gov/water_issues/programs/tmdl/docs/2002reg2303dlist.pdf) 25. San Mateo County,General Plan. Accessed online August 2011: (http://www.sforoundtable.org/P&B/pb_general_plan.html) 26. San Mateo County, General Plan,Community Noise Map. Accessed online August 2011: (http://www.sforoundtable.org/P&B/gp/maps/gp%20community%20noise%20(11 x I7).pdf) 27. San Mateo County,Zoning Map for Unincorporated San Mateo County, Sheet 31. Accessed online August 2011: (http://www.sforoundtable.org/P&B/pdf/index%20maps/sheet_31.pdf) 28. San Mateo County, General Plan,Existing Rural Land Use Map. Accessed online August 2011: (http://www.sforoundtable.org/P&B/gp/GP%20Ch%2009-Rural_LU.pdf 29. San Mateo County,Zoning Regulations,July 1999. Accessed online August 2011: (http://www.co.sanmateo.ca.us/vgn/images/portaUcit_609/9441580Zregs-wp.pdf) 30. State Water Resources Control Board Geotracker Website, Accessed online August 2011: (http://geotracker.waterboards.ca.gov/) 31. United States Fish and Wildlife Service(USFWS 2010a), Biological Opinion, former Wool Ranch parcel of the La Honda Creek Open Space Preserve in San Mateo County,California, March 2010. Available upon request from Midpeninsula Regional Open Space District. 32. United States Fish and Wildlife Service(USFWS 2010b), Endangered Species Act, Section I0(a)I(A) Recovery Permit. April 2010. Available upon request from Midpeninsula Regional Open Space District. 33. United States Fish and Wildlife Service(USFWS 2011 a), Recovery Plan for the California Red-Legged Frog, 2002. Accessed online August 201 la: (http://ecos.fws.gov/docs/recovery_plan/020528.pdf) 34. United States Fish and Wildlife Service(USFWS 201 lb), Recovery Plan for the San Francisco Garter Snake, 1985. Accessed online August 201 lb: (http://ecos.fws.gov/docs/recovery_plan/850911.pdf) 35. United States Fish and Wildlife Service(USFWS 2011c), Species Profile for the California Red-Legged Frog. Accessed online August 2011c: (http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=D02D) 36. Vollmar Consulting(Vollmar 2009a), Pond Management Plan,Former Wool Ranch, La Honda Creek Open Space Preserve, 2009. Available upon request from Midpeninsula Regional Open Space District. 37. Vollmar Consulting(Vollmar 2009b),Pond Monitoring Program, Former Wool Ranch, La Honda Creek Open Space Preserve, 2009. Available upon request from Midpeninsula Regional Open Space District. 39 MITIGATION MONITORING PROGRAM Implementation of Pond Management Plan P g La Honda Creek Open Space Preserve San Mateo County,CA State Clearinghouse Number: 2012012026 San Mateo County, CA January 13,2012 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022-1404 LA HONDA CREEK OPEN SPACE PRESERVE SAN MATEO COUNTY, CA IMPLEMENTATION of POND MANAGEMENT PLAN MITIGATION MONITORING PROGRAM This mitigation monitoring program(MMP) includes a brief discussion of the legal basis and purpose of the program, a key to understanding the monitoring matrix, discussion and direction regarding noncompliance complaints, and the mitigation monitoring matrix itself. LEGAL BASIS AND PURPOSE OF THE MITGATION MONITORING PROGRAM Public Resources Code(PRC) 21081.6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying and environmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. MONITORING MATRIX The following pages provide a series of tables identifying the mitigations incorporated into the Pond DR06 Repair project at La Honda Creek Open Space Preserve(the project). These mitigations are reproduced from the Mitigated Negative Declaration for the project. The columns within the tables have the following meanings: Number: The number in this column refers to the Initial Study section where the mitigation is discussed. Mitigation: This column lists the specific mitigation identified within the Mitigated Negative Declaration. Timing: This column identifies at what point in time, review process, or phase the mitigation will be completed. The mitigations are organized by order in which they appear in the Mitigated Negative Declaration. Who will This column references the District staff that will ensure implementation verify? of the mitigation. Agency This column references any public agency or District Department with Department which coordination is required to ensure implementation of the mitigation. Consultation: California Department of Fish and Game is listed as CDFG. The United States Fish and Wildlife Service is listed as USFWS. Verification: This column will be initialed and dated by the individual designated to confirm implementation. NONCOMPLIANCE COMPLAINTS Any person or agency may file a complaint asserting noncompliance with the mitigation measure associated with the project. The complaint shall be directed to the District's General Manager in written form providing specific information on the asserted violation. The General Manager , p g P shall cause an investigation and determine the validity of the complaint; if noncompliance with the mitigation has occurred, the General Manager shall cause appropriate actions to remedy any violation. The complainant shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance. Who will Department Verification Number Mitigation Timing or Agency (Date& verify? Consultation Initials Mitigation (BIO-1)To avoid potential impacts to California red-legged frog, San Prior to construction District N/A in Section Francisco garter snake, and western pond turtle,worker environmental and as needed(in the Natural IV(a). awareness training will be conducted for all construction crews and event of new project Resource contractors that will be accessing the site.The education training will be staff).Training will be Staff or their conducted prior to starting work on the project and upon the arrival of any provided prior to designee new worker.The training will include a brief review of the California red- beginning project legged frog, San Francisco garter snake,and western pond turtle, their life construction and on an history, field identification,habitat requirements for each species, location as needed basis to of sensitive areas,possible fines for violations,avoidance measures, and ensure that new staff is necessary actions if sensitive species are encountered. trained prior to accessing the project site. Mitigation (BIO-2)To avoid potential impacts to California red-legged frog, San Prior to and during District N/A in Section Francisco garter snake,and western pond turtle, a biological monitor will project construction Natural IV(a). be required to be present on site during all construction. The monitor will each day. Resource survey parking areas, staged equipment, access routes, and the project area Staff or their prior to the beginning of construction each day.The biological monitor designee will continue to survey the project area throughout construction each day. Mitigation (BIO-3)To avoid potential impacts to California red-legged frog, San Within two days of the District N/A in Section Francisco garter snake,and western pond turtle, all earth work must be start of pond draining. Natural IV(a). completed when ponds are dry,or for those ponds that do not completely Resource dry, draining of ponds to perform earth work shall only occur during the Staff part of the year when the tadpole life stage of California red-legged frog or their has been completed and before the subsequent breeding season.According designee to the Biological Opinion issued for the Project,this corresponds to a work period between August 15 and November 1 each year. Within two days of the start of pond draining,the pond will be sampled by a qualified biologist to ensure that all frogs from the pond are in the post metamorphic stage and will be minimally affected by pond draining. Mitigation (BIO-4) If California red-legged frog, San Francisco garter snake or Prior to and during District Wildlife in Section western pond turtle are encountered, no work shall occur until the frog, project construction Natural Biologist, IV(a). snake or turtle has left the area on its own,or until a qualified wildlife each day. Resource USFWS,and biologist is consulted,and appropriate arrangements are made with United Staff CDFG. States Fish and Wildlife Service and the California Department of Fish and or their Game. designee Mitigation (CUL-1)Implementation of the following measures would reduce Throughout project District N/A in Section potential impacts to cultural and historical resources, including buried and implementation. Natural V(a-d). unknown archeological and paleontological resources to a less-than Resource significant level: Staff • If any commonly recognized sensitive cultural resources such as or their human formed artifacts,including projectile points,grinding designee stones,bowls,baskets,historic bottles,cans,or trash deposits,are encountered during project construction, every reasonable effort shall be made to avoid the resources.Work shall stop within 100 feet of the objects and the contractor shall contact the District. J No work shall resume within 100 feet until a qualified cultural and/or historical resources expert can assess the significance of the find. • A reasonable effort will be made by the District to avoid or minimize harm to the discovery until significance is determined and an appropriate treatment can be identified and implemented. Methods to protect finds include fencing and covering with protective material such as culturally sterile soil or plywood. • If vandalism is a threat,24-hour security shall be provided. • Construction can continue 100 feet outside of the find location during the significance evaluation period and while mitigation for cultural and/or historical resources is being carried out. A qualified cultural and/or historical resources expert must be present onsite to monitor subsurface excavations within 100 feet of the find to ensure that impacts to resources are avoided. • If a resource cannot be avoided,a qualified cultural and/or historical resources expert will develop an appropriate Archaeological or Paleontological Action Plan for treatment to minimize or mitigate the adverse effects.The District will not proceed with reconstruction activities within 100 feet of the find until the Action Plan has been reviewed and approved. • Findings will be detailed in a professional report in accordance with current professional standards. Any non-grave associated artifacts will be curated with an appropriate repository. • Project documents shall include a requirement that project personnel shall not collect cultural and/or historical resources encountered during construction. This measure is consistent with federal guideline 36 CFR 800.13(a) for invoking unanticipated discoveries. Mitigation (CUL-2).If human remains are encountered,all work within 100 feet of Throughout project District N/A in Section the remains shall cease immediately and the contractor shall contact the implementation. Natural V(a-d). District. The District will contact the San Mateo County Coroner to Resource evaluate the remains, and follow the procedures and protocols set forth in Staff §15064.5(e)of the CEQA Guidelines.No further disturbance of the site or or their any nearby area reasonably suspected to overlie adjacent remains shall designee occur until the County Coroner has made a determination of origin and disposition,which shall be made within two working days from the time the Coroner is notified of the discovery,pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. If the remains are determined to be Native American,the Coroner will notify the Native American Heritage Commission(NAHC)within 24 hours,which will determine and notify the Most Likely Descendant (MLD).The MLD may recommend within 48 hours of their notification by the NAHC the means of treating or disposing of,with appropriate dignity, the human remains and grave goods. In the event of difficulty locating a MLD or failure of the MLD to make a timely recommendation,the human remains and grave goods shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance. Record of Telephone Conversation Date: / 3 l 20) Z Time: '. J C�rY1 Person calling: � h , , 3e-rn Srn ,-�-� �jc�,. i`1 ea ��cl� Tccx� 1 CG�ti'1C - ) Person called: Project'Subject: Pon ci -f,4cLk?6zOevr)e ref C,50,4 Phone: `�/S — J��S�� ext. Message: 13c,-rr) c Or?In e rnfed -4--e� he A u 5 C)o►?(f f� nc� I,JCy�k cwi f1 Ccc�l- �rn i � S 4ctA �cc� i< C.sx 9 p Oe_ )ln;s -A y P e- � � wc4 Be c n Gvl 1 cs�s �seCJ -AvA On c CkA �o(N k S o(Ie o� Ate. Skr1��e 1 m pc( � av1-4 Maadl ivs vO �`L� ionS �1eec�ec� -fie, CG�1Secvz S -�zcies . �� 1So_ C� i5 cvsSec) pe e3 AQ) C-C � � e �� ?10-11C) WCC1r- aveCcli ) Jar . scn\ A n, tv Cc c {S State of California—The Natural Resources Agency EDMUND G.BROWN JR Governor DEPARTMENT OF FISH AND GAME CHARLTON H.BONHAM, Director K Say Delta Region 7329 Silverado Trail Napa, CA 94558 (707)944-5500 www.dfg,ca= February 10, 2012 Ms. Julie Andersen Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Ms. Andersen: Subject: Implementation of Pond Management Plan, Initial Study/Mitigated Negative Declaration, SCH #2012012026, San Mateo County The Department of Fish and Game(DFG)has reviewed the draft Initial Study and Mitigated Negative Declaration (IS/MND)for the subject project. DFG is providing comments on the IS/MND as a Trustee Agency and Responsible Agency. As Trustee for the State's fish and wildlife resources, DFG has Jurisdiction over the conservation, protection, and management of the fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of such species for the benefit and use by the people of California. The Midpeninsula Regional Open Space District(District) is proposing to repair pond basins, earthen berms and spillways in order to improve ponding duration to improve California red-legged frog (CRLF)habitat and to increase the long-term viability of existing livestock ponds. Project activities also include non-native invasive vegetation removal, installation of cattle exclusion fencing and erosion control. The IS/MND includes some avoidance and mitigation measures for the listed species including CRLF, San Francisco garter snake(SFGS) and western pond turtle(WPT). Please be advised, SFGS is a fully protected species under Section 5050 of the Fish and Game Code. Under this statute, take of a fully protected species may not occur except for scientific or recovery purposes. Catch, pursue, capture or attempt to catch, pursue and capture is considered take as defined in Section 86 of the Fish and Game Code. BE-cause of this, SFGS must be fully avoided during project activities and any SFGS encountered in the work area may not be handled and must be left alone until it leaves the area on its own. The IS/MND states that DFG will be consulted but it does not state the District will submit to DFG a Lake and Streambed Alteration Agreement(LSAA) Notification. The activities proposed in the IS/MND are located in jurisdictional waters of the state and are subject to notification pursuant to Section 1600 et seq. of the Fish and Game Code and may require an LSAA. Issuance of an LSAA is subject to the California Environmental Quality Act ConseningCaffornia's '44fAft eSince 1870 Ms. Julie Andersen February 10, 2012 Page 2 (CEQA). DFG, as a responsible agency under CEQA, will consider the CEQA document for the project. The CEQA document should fully identify the potential impacts to the stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for completion of the agreement. To obtain information about the LSAA notification process, please access our website at http://www.dfq.ca.gov/habcon/l600/or to request a notification package, contact the Lake and Streambed Alteration Program at (707) 944-5520, If you have any questions, please contact Ms. Suzanne DeLeon, Environmental Scientist, at (831) 440-9433 or sdeIeon(cDdfg.ca.gov; or Mr. Craig Weightman, Senior Environmental Scientist, at (707) 944-5577, Sincerely, Scott Wilson Acting Regional Manager Bay Delta Region cc: State Clearinghouse ATTACHMENT 6 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Implementation of Pond Management Plan INITIAL STUDY/MITIGATED NEGATIVE DECLARATION February 1.3,2012 Pursuant to CEQA Guideline 15073, the Initial Study and Mitigated Negative Declaration were circulated for public review. The public comment period began on January 13, 2012 and concluded on February13 2013. The document was distributed in compliance with � p CEQA and also posted on the District's website. The purpose of this document is to respond to comments pertaining to the potential for significant effect on the environment as a result of adoption of the Implementation of Pond Management Plan. During the public comment period, comments were received from two commenters. This document responds to those comments. The District received both verbal and written comments. The comments are attached to this Response as Exhibit A. Responses are provided in numerical order to correspond with the attached compilation of comments received. RESPONSE TO COMMENTS Response to Commenter 1: Bern Smith, Bay Area Ridge Trail Council 1.) Comment noted, no response required. Response to Commenter 2: California Department of Fish and Game(CDFG) 1.) The CDFG states that "take of a fully protected species may not occur except for scientific or recovery purposes." Activities identified in the Implementation of Pond Management Plan project are being undertaken to aid in the recovery of target species including the San Francisco garter snake (SFGS), a fully protected species. However, the District concurs with the CDFG that SFGS must be fully avoided during project activities and that any SFGS encountered in the work area may not be handled and must be left alone until it leaves the area on its own. Although numerous surveys to date have not indicated presence of SFGS at the site, the District recognizes that suitable habitat exists and that SFGS observations have been made within 1 mile of the project area. Due to these factors, project specific mitigation measures have been specifically included to avoid impacts to the fully protected SFGS. Project specific mitigation measures include the following: BIO- 1 To avoid potential impacts to California red-legged fro San Francisco garter ( ) p p gg g, snake, and western pond turtle, worker environmental awareness training 'will be conducted for all construction crews and contractors that will be accessing the site. The education training will be conducted prior to starting work on the project and upon the arrival of any new worker. The training will include a brief review of the California red- legged frog, San Francisco garter snake, and western pond turtle, their life history, field identification, habitat requirements for each species, location of sensitive areas, possible fines for violations, avoidance measures, and necessary actions if sensitive species are encountered. (BIO- 2) To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle, a biological monitor will be required to be present:on site during all construction. The monitor will survey parking areas, staged equipment, access routes, and the project area prior to the beginning of construction each day. The biological monitor will continue to survey the project throughout construction each day. (BIO- 3) To avoid potential impacts to California red-legged frog, San Francisco garter snake, and western pond turtle, all earth work must be completed when ponds are dry, or for those ponds that do not completely dry, draining of ponds to perform earth work shall only occur during the part of the year when the tadpole life stage of California red-legged frog has been completed and before the subsequent breeding season. According to the Biological Opinion issued for the Project, this corresponds to a work period between August 15 and November 1. Within two days of the start of pond draining, the pond will be sampled by a qualified biologist to ensure that all frogs from the pond are in the post metamorphic stage and will not be significantly affected by pond draining. (BIO-4) If California red-legged frog, San Francisco garter snake or western pond turtle are encountered, no work shall occur until the frog, snake or turtle has left the area on its own, or until a qualified wildlife biologist is consulted and appropriate arrangements are made with United States Fish and Wildlife Service and the California Department of Fish and Game. 2.) The CDFG indicated that the District will need to submit a Lake and Streambed Alteration Agreement (LSAA) Notification to the CDFG when project activities are located in jurisdictional waters of the state. The District concurs with this statement, and prior to undertaking any work component identified in the Implementation of Pond Management Plan Project, the District will submit a LSAA Notification to the CDFG when project activities are located in jurisdictional waters of the state. 3.) The CDFG also stated that the CEQA document should fully identify the potential impacts to the stream or riparian resources and provide adequate avoidance mitigation, monitoring, and reporting commitments for completion of the agreement. The District believes that the CEQA document as circulated fully identifies the potential impacts to stream and/or riparian resources. However, prior to implementation of each phase of the project, through the LSAA notification process, the CDFG will be given the opportunity to review site specific project design in conjunction with the CEQA document, proposed mitigation, monitoring, and reporting efforts. Currently, the District provides an annual monitoring report for the pond complex to the local CDFG office. The District welcomes further review and ongoing dialogue with the CDFG through the LSAA process in order to meet the project's stated recovery goal of species protection and habitat restoration. Exhibit A: Comments and Correspondence Received on Resource Management Policies Commenters: 1. Bern Smith, Bay Area Ridge Trail Council, telephone conversation with Julie Andersen, Planner II on 01/13/2011. 2. Scott Wilson, Acting Regional Manager Bay Delta Region, California Department of Fish and Game, letter to Julie Andersen, Planner II on February 10, 2012 l Midpeninsula Regional Open Space District R-12-34 Meeting 12-09 March 14, 2012 AGENDA ITEM 10 AGENDA ITEM Authorization to Apply for the California Department of Fish and Game Fisheries Restoration Grant Program for Ranch Road Upgrades, Improvements, and Decommissioning within the Driscoll Ranch Area of La Honda Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize Midpeninsula Regional Open Space District (District) staff to prepare and submit a grant application for funds from the California Department of Fish and Game Fisheries Restoration Grant Program for implementation of ranch road upgrades, improvements, and decommissioning within the Driscoll Ranch area of La Honda Creek Open Space Preserve. SUMMARY The District has an opportunity to submit a grant application to the California Department of Fish and Game (CDFG) Fisheries Restoration Grant Program (FRCP) to help fund high priority erosion control treatments for road segments within the Driscoll Ranch area of La Honda Creek Open Space Preserve. These roads are located within the San Gregorio Creek watershed, a salmonid watershed that is listed as impaired by coliform bacteria and sediment, thus heightening the importance of completing these erosion control treatments. The total cost to implement this work effort is estimated between $450,000 and $600,000 (based on 2007 project costs). Staff recommends applying to the CDFG FRGP for a total amount not to exceed $600,000, of which the District is anticipated to provide a cost share of 25 to 30 percent, anticipated at $11:2,500 to $180,000 (based on 2012 estimates). DISCUSSION In September 2007, a Road and Trail Inventory(RTI) was prepared for the Driscoll Ranch area of La Honda Creek Open Space Preserve(Preserve). Driscoll Ranch is located entirely within the San Gregorio Creek watershed, which is listed as impaired by coliform bacteria and sediment by the State Water Resources Control Board. These two factors impact salmonid habitat within the watershed. Salmonids are fish that deposit eggs (spawn) in fresh water, but spend most of their life at sea, returning to creeks and rivers only to reproduce. Two federal and state listed species, Coho salmon and steelhead, are found within the San Gregorio Creek watershed. The R-12-34 Page 2 2007 RTI identified priority treatment sites and specific prescriptions to reduce sediment input, with particular emphasis on road-related sediment reduction. District staff have reviewed the RTI and developed a treatment list for much of the high priority work sites identified in the plan. The cost to implement this work effort is estimated between $450,000 and $600,000 (based on 2007 costs that will be updated). The proposed treatments include: earthwork, placement of rock, removal and/or replacement of failed or undersized culverts, installation of rolling dips, road re-grading, removal of fill in stream crossings, and the decommissioning of one road segment. A complete list of treatments by specific location can be found in Attachment 1 and a map of the sites can be found as Attachment 2. Staff recommends applying for funds in the amount of$500,000 from the California Department of Fish and Game(CDFG) Fisheries Restoration Grant Program (FRGP) to help offset total road treatment costs. The District would be notified by January 2013 if grant funds are awarded. The District has undertaken similar road upgrades, improvements, and decommissioning elsewhere. Examples include the Watershed Protection Program that is underway at El Corte de Madera Creek Preserve, and the recently completed Big Dipper Roads Restoration project at Skyline Ridge Open Space Preserve. CDFG FRGP grant funds were previously awarded to the District to complete the Big Dipper Roads Restoration project. Due in part to successful completion of previous work and the need for additional sediment reduction within the San Gregorio Creek watershed, the District has been encouraged by the CDFG to apply again for funds from the FRGP. The application deadline is March 31, 2012. In preparation for a potential grant submittal, the District attended a grant workshop and discussed a preliminary work proposal with representatives from the CDFG. The CDFG is enthusiastic about the proposed work and has stressed the need for sediment reduction in the impaired San Gregorio Creek watershed. Completion of this work will assist with the restoration of salmonid .fisheries, water quality improvement, and la the foundation for public access in the Preserve as identified q Y p Y P ( I in the draft Master Plan b upgrading and improving the existing road network. Y per' g p g g FISCAL IMPACT i Total cost for this project is estimated between $450,000 and $600,000, of which 70 to 75 percent is anticipated to be eligible for grant funding. To date, no monies other than those required to prepare the 2007 RTI and staff time to prepare the grant application, have been expended. If the District is successful in receiving grant funds from the FRGP, the District will be required to fund up to $150,000 over five years to implement all of the work. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Project Description The project consists of a grant application submittal to the CDFG FRGP to help fund implementation of ranch road upgrades, improvements, and decommissioning within the Driscoll Ranch area of La Honda Creek Open Space Preserve. No California Environmental Quality Act (CEQA) documentation is required to apply for CDFG FRGP grant funds. Participation in the R-12-34 Page 3 CDFG FRGP provides an opportunity for the District to have the CDFG act as the lead CEQA agency for the project. Staff believes this is an appropriate arrangement and will work to support the CDFG's preparation of an environmental document. Prior to project implementation, the CDFG will prepare a CEQA document to analyze potential environmental impacts and provide steps to reduce those impacts to a less than significant level. NEXT STEPS Pending Board action, staff would submit a grant application to the CDFG FRGP and if awarded, the District would enter into a partnership with the CDFG beginning in FY2012-13. Additional future steps include finalizing the site-specific road treatment design and updating cost estimates, preparing a project specific environmental review, and soliciting bids for implementation. This work effort is anticipated to occur over the next five years (FY2012-13 through FY2017-18). Attachments: I. Proposed work sites, treatment list 2. Proposed work sites, location map Prepared by: Julie K. Andersen, Planner 11 Contact person: Julie K. Andersen, Planner 11 Matt Baldzikowski, Planner III Summary of Work Sites La Honda Creek Open Space Preserve Feature Road Site# Treatment Priority Subwatershed Remove wood retaining walls and lay embankments back to a 1:1 slope, 36"x 20'Culvert 10 6 install rock energy dissapater at the culvert outlet, rock armor the inlet. MH HC Clean culvert inlet of debris, install rock energy dissapater at the pipe outlet,add critical dip,clean and enlarge 150 ft of the inboard ditchabove 36"x 20'Culvert 10 9 Ithe crossing, rock armor lower 50 ft of ditch. M HC Inboard ditch 10 11 Add two 18" by 20' DRCs at 300ft spacings. M HC Unbend crushed inlet and outlet ends of culvert, rock 150'of the inboard DRC and inboard ditch 10 13 ditch. LM HC Add 4 new rolling dips, regrade 700 ft of road to crowned or outsloped Main ranch road 10 15.1 pitch, spot rock 300 ft of road. 24"x 80'Culvert 10 16 Replace failed culvert with 48" by 80'. H HC 12"x 20' DRC 30 21 Install 9 rolling dips on two road segments. M HC Replace shotgunned undersized culvert with 24"x 20'culvert,add rock 12"x 20'Culvert 30 22 dissapater. M HC Install 3 rolling dips to reduce water delivery to gully formed at culvert 12" x 20'Culvert 30 23 outlet. LM HC Install 6 rolling dips to reduce water delivery to the gully formed at culvert 12"x 30'Culvert 30 24 outlet. H HC Replace exisitng DRC with 18"x 20'culvert, install energy dissapater at 12" DRC 30 25 joutlet, install a second 18"x 20' DRC. Install 4 new rollings dips. H HC Add new 18" by 20' DRC,excavate sinkhole and backfill with compacted 12" DRC and sinkhole. 30 26 earth. Install 2 rolling dips. H HC energy dissapater at outlet,add critical dip,fence cattle off of top of 36"x 50'Culvert 40.1 36 embankment. H SG Culvert 40.1 40 lRepair compromised culvert at road crossing. M SG J I Regrade 1700 ft of road to have a crowned pitch, install a rolling dip, clean Eroding inboard ditch 40.2 41 and rock armor 700ft of inside ditch,spot rock segments of road. MH SG DRC 50 1 42 IClean 200'of inboard ditch and outslope road.Add an 18" by 20" DRC. LM BC Summary of Work Sites La Honda Creek Open Space Preserve Replace failed culvert with 18" by 20'culvert, build up 200 ft of road bed DRC 50 43 and surface with rock. M BC Replace 12'culvert with a 24" by 30'culvert, rock armor to top of culvert and add energy dissapater. Remove the 18" DRC. Rebuild the road prism Failed 12"and 18"x 30' to a 16'width on compacted fill. Install 50' long 6'deep subdrain along Culverts 50 46 back edge of road.Add 18" by 30'culvert 100 ft south of crossing. H BC Add 24" by 20'culvert at the stream crossing,discharge culvert onto rock energy dissipater, rock inlet and outlet to top of culvert. Plug inboard ditch above and below the new culvert to prevent flow from being DRC 50 47 diverted along the ditch.Add 18" by 20' DRC. M BC Undersized 12"x 30' Replace failed culvert with 30"by 30' new culvert, install rock energy culvert 50 48 Idissipater, rock inlet and outlet.Add 18" by 20' DRC. M BC Replace existing pipe with 24"by 30' culvert. Install rock energy dissipater. 12" rusted culvert 50 49 Rock inlet and outlet. M BC Add 18" by 20' DRC with 20'downspout. Install rock energy dissipater at 12" x 20' culvert and culvert. Plug the ditch below the proposed culvert to prevent flow from DRC 50 50 bypassing the inlet.Add rock energy dissipater at the existing DRC. MH BC Replace existing culvert with new 18" by 30' DRC. Place culvert at base of fill.Add rock energy dissipater at culvert outlet.Widen the road inboard 6' DRC 50 51 by cutting into the bank. LM BC Evaluate the long term need for this road. If the road is not needed, Undersized and remove pipe and abandon crossing. If the road is needed then the pipe plugged 18" culvert 50 52 Ishould be replaced with 30" by 40'foot culvert. M BC Fall line road 51 53.1 jAbandon through non use or limit to seasonal ATV use M BC Add two large dips or DRCs at STN 306 and 416 to break up drainage. Because of the steep grade installation of dips may limit vehicular access. Steep section of road 23.1 54 Rock 500 ft of road. MH HC Fall line road 23.3 54.2 Abandon road through non use, install berm to discourage use M BC Plugged 18"x 40' lAbandon crossing by removing fill and backfill eroded gully with culvert 23.3 55 compacted earth,add waterbreaks to upgrade road drainage. H BC Plugged 12"x 20' Abandon crossing by excavating fill, place compacted fill onto road to culvert 23.3 56 recontour. M BC Summary of Work Sites La Honda Creek Open Space Preserve Pull culvert and abandon crossing. Install drainage structures on the steep road segment leading to the crossing. Bare in mind that the steep road Shotgunned pipe, road segment(MP 58)drops at up to a 22%grade down the fall line of the washout 23.4 57 hillside and may prove difficult to drain. M BC Drain by installing rolling dips(-15)at 150 foot maximum spacings. Permit seasonal truck and cattle access only. Install powder river type gate at top of road and fence at bottom of pasture to prevent cattle Fall line road 23.4 58 access to stream M BC Cattle use of creek 12 Fence cattle out of Harrington creek. M HC Strategically rock up to 10,000'of main ranch access road with a Main ranch road minimum of 3" rock to provide all weather patrol access M HC Total sites: 31 Priority:L=Low,M=Medium,H=High Subwatershed:HC=Harrington Creek,BC=Bogess Creek,SG=San Gregorio Creek DRC=Ditch relief culvert v r, W SIGZE ALO LT e' sp—a'4 '"T(� v _ , .m YINDE IL � \<0....r.,,r 9, Area of ¢� Detail - -- ' j mot„ 54.2 ,�;= 'RANKLIN POINT BIG BASIN 56 La Hon i;ICY,e_ek _ 55 ,�_® � .. open Spa reserve.. 57 _ 58 26 5416 t, , 1 �r \l 1. 23 w' 13 2`i ` Creck a 15.1 24 52 09 21 53.1 22 r L. 51 z 49 lot *- -- ► , 50 - c 48 ,`' y ti �° Ltl�t �1c1 �e y „i P"�, 4643 1t- . 42 yin a 41 40 La 36 .,, Terrace' v fe�� / �_• �} � ,/ fJ� — 5I. ... 2 ��•, LOG CAAI i Project Location Midpeninsula Regional Ilk Project Sites Minor Unpaved Road Open Space District Ilk {MROSD) Linear Project Sites _____= Unmaintained Road Width • Strategic Road Rocking Minor Paved Road e pMarch, 2012 MROSI) Preserve � Major Road Miles 0 0.5 1 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 geograp is eatures. " ( Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors2f'*�r Date: March 9, 2012 Re: FYIs f p psula Regional Open0 en Space ace District Memorandum DATE: March 14, 2012 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: Sandy Sommer, Senior Real Property Planner Gina Coony,Planner III Project Manager SUBJECT: Hawthorns Property update, Windy Hill Open Space Preserve Background: In April, 2006,the Midpeninsula Regional Open Space District(District)Board agreed to accept the proposed 78.71-acre Woods family gift of two adjoining parcels located in Portola Valley known as the Hawthorns property. The first parcel, comprised of 36.64 acres, would be transferred initially;the second parcel,which contained several historic residential structures, was to be given to the Woods' son in a life estate,coming to the District at much later date following the son's passing. The Preliminary Use and Management plan that was approved by the Board as part of the gift acceptance primarily addressed the first parcel. In 2009,the son's life estate was unexpectedly disclaimed,and the second parcel with the historic structures was distributed to the District at the same time as the first parcel, in October 2011. In order to address the gift of the additional land and historic structures,the Board's Use and Management Committee reviewed and accepted a proposed draft Preliminary Use and Management Plan Amendment for the Hawthorns property at Windy Hill Open Space Preserve on June 14,2011. The draft Preliminary Use and Management Plan Amendment calls for a number of measures intended to address near-term management and maintenance needs,including historic structures mothballing. Mothballing is the process of temporarily closing up a structure to protect it from the weather,vandalism,and pests. This process can be a necessary and effective means of protecting the building while planning the property's future or when funds are not readily available to complete further work. Prior to transfer of the Hawthorns property to District in October 2011,the Trustees,at the urging of the District, installed tall, chain-link fencing around all the historic structures and hired Woodside Patrol to regularly patrol the property. Despite these security measures, substantial vandalism to the historic structures began to take place, particularly to the mansion and carriage house,starting before close of escrow and escalating substantially thereafter. Broken windows(many of which were the irreplaceable original glass over 100 years old),broken doors, stolen hardware, signs of"partying"and potentially habitation,were evident on site during November and December 2011. Due to the need to dedicate staff time to immediately address the vandalism at the Hawthorn property,the presentation of the Preliminary Use and Management Plan Amendment to the full Board has been delayed until spring 2012. Although the full Board has not yet adopted the draft Preliminary Use and Management Plan, staff has proceeded with completing urgent mothballing activities as described below to halt the vandalism threat and the potential for further damage of the cultural resources entrusted to the District and valued by the community. Project Update: In January 2012,District staff from Real Property, Operations and Planning combined efforts to address immediate security,vandalism,and potential property damage to the historic residential site. Over the last two months,the following work has been completed to address these urgent property security and maintenance concerns: • Soliciting and awarding a contract for additional temporary nighttime security guard to patrol on site while and until major structures were sealed up. • Soliciting,awarding,and implementing a contract to seal all window and door openings in the mansion and carriage house to prevent further vandalism and window breakage(see pictures below). Sealing was completed in a manner to best safeguard historic features and provide ventilation to interiors.This work also entailed several related tasks: o Soliciting, awarding,and implementing a contract for hazardous building materials survey(such as lead paint and asbestos)of all structures on site; o Conducting a bat survey and implementing recommendations prior to sealing of mansion and carriage house structures; • Patching the mansion roof where additional roof leaks were observed; • Soliciting,awarding,and implementing a contract with a beekeeper to perform live removal of the nine beehives located in the historic mansion. The District's Hawthorns Fund,established by the Board to administer the monetary gift from the Woods Trust(see R-11-75),was the source of funds for the above work. Next Steps: With the securing of the major structures on the property,Planning,Real Property and Operations staff can proceed to develop the preliminary capital improvement scope of work for the property, including full mothballing plans and planning considerations for the historic site;community outreach and assessment of potential partnerships for future improvements to and use of the historic structures; and development of near& long range schedules and budgets for the Property. Staff plans to bring the proposed Preliminary Use and Management Plan Amendment to the full Board for approval in the next few months. In addition, staff will present the preliminary capital improvement scope of work for the historic residential area,including a discussion of the proposed schedule and budget for completing the work. MANSION FRONT FACADE-EXAMPLE OF VANDALISM MANSION FRONT FACADE-SEALED UP MANSION REAR FAgADE-SEALED UP CARRIAGE HOUSE-SEALED UP w GENERAL MANAGER Stephen E Abbors Regional OpenSpaee Mlapeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Yoriko Kishimoto Jed Cyr Curt Riffle Nonette Hankc Larry Hassett March 9, 2012 Cec!ly Harns Justin Smith & Eliza Kienitz 2328 Williams Street Palo Alto, CA 94306 Dear Mr. Smith & Ms. Kienitz: In gratitude for your recent donation to the Mid peninsula Regional Open Space District, the Board of Directors will be acknowledging your extraordinary generosity with a board Resolution and a framed photograph of a District preserve at the upcoming meeting of the Board of Directors on March 14th at 7pm. The meeting will be held at the Administrative Office at 330 Distel Circle in Los Altos. hope you will consider attending the meeting so the Board of Directors has the opportunity to meet you and thank you in person. I certainly understand if you are not able to attend, in which case we will mail the Resolution and framed photograph to you. Again, thank you for your generous support that is so important in helping us to preserve open space in the midpeninsula area. Sincerely, ga"4 Stephen E. Abbors General Manager cc: MROSD Board of Directors s 33o Distel Circe Los Altos,CA 9,022 6So 69t 12oo 650 6910485 e op iSp1.Ce 0 r g Midpeninsula Regional " Open Space District To: Board of Directors From: Stephen E. Abbors Date: March 14 2012 Re: Late FYIs I � t Midpeninsula Regional * ' Open Space District AMENDED CLOSING MEMORANDUM To: Stephen E. Abhors, General Manager C(o From: Michael C. Williams, Real Property Manager Date: March 12, 2012 Subject: Chen Property Addition, Cathedral Oaks Area of Sierra AZuI Open Space Preserve I A Quitclaim Deed and Easement Agreement was recorded on February 6,2012. This Easement Agreement provides perfected patrol and maintenance access to the former Chen property purchased by the District on June 30, 2010. 1 am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the Public Notification Policy, neighbors to the property were notified of this purchase. As there were no comments made by any of the neighbors or members of the public that might require amendments, close of escrow marks the final adoption of the PreliminaryUse and Management q p g Plan, approved by the Board of Directors at its meeting of June 9, 2010. The following chart presents dedication and acquisition details for this property: DEDICATION&ACQUISITION INFORMATION Preserve Ownership Status: Board Approval Date& & County Grantor Acres (Fee,Easement,Lease, Resolution Number or Area & Mgmt Agreement) General Manager A.P.N. Approval Date Sierra Azul Santa Clara Bryan C.Mooney&Arlene J.Taylor- NIA Easement June 9,2010 Cathedral Oaks 558-30-010 Mooney10-20 Mgmt.Status: Dedication Date Recording Date of , & Easement Easement (Open,Closed, Status(Intended or Type Consideration G1S Code or Other)CMU Withheld) February 6,2012 Closed Withheld Cash $6,614.06 1798 Misc.Notes: The purchase price for the easement covers the Mooney's legal drafting and negotiation fees. cc: Board of Directors Administration Accounting Operations& Field Offices Attached Quitclaim Deed and Easement Agreement Planning Attached Quitclaim Deed and Easement Agreement GIS Coordinator Public Attairs Legal i I I I Midpeninsula Regional Open Space District Memorandum DATE: March 9,2012 j MEMO TO: MROSD Board of Directors THROUGH: Stephen E.Abbors,General Manager FROM: Matt Baldzikowski,Planner III a SUB3ECT: Completion of Big Dipper Ranch Roads Restoration Project The Big Dipper Ranch Road Restoration Project was successfully completed under the direction of Planning staff.The project included the abandonment and restoration of a one-mile stretch of eroding old ranch road, including ten failing stream crossings to restore the natural stream channels,and the upgrade of a half-mile of road to maintain patrol access. III The project had a FY 11-12 budget of$302,000 and was completed under budget for$259,668.The project was partially funded by the California Department of Fish and Game Fisheries Restoration Grant Program.The District will be reimbursed$148,473 by the grant program. The project has been monitored this winter,and is performing very well. Attached are some photos of the more notable project sites. II II i i Bid; Dipper Ranch Road Restoration Project Photo's Completed by Midpeninsula Regional Open Space District, Fall 2011 Site 15 t� K From left bank, pre-project,fill failure,failing culvert. Excavation of old culvert and failing road fill. yt Old road fill excavated, stream channel restored. Finished channel restoration, erosion control installed September 2011. Site 18 Pre! restoration, large failing road fill. Eroding road fill,culvert rotted,flow eroding beneath. a b .w r z.. • � � / a.jai� �'�^''3. i/'•,Y •• y "'n. 'A6 Z �fir.♦ •�.1' �r w,. .• #1: fi�rr.. �� '�..: •r�, Excavating unstable road fill. Restored stream channel, October 2011. I .. 'M.^ 1{ � G� �i e� r � � - � _�. ,.v �'�� '�.� 4�'y' `'E ' ...ram. s � �t {•� \ ps a. s^+_' �. I � I ,� �- - � .r .tom� � f ♦'� � n�. ti 1kZ� ,w Yt. '' �_ . ,. a• �+ y' +rw,� ' ., � _` � �' �n �'. Yam. � 1" � �� h ,,, t � .tea:'..�' � �.,,} ,, +� *-` Y �di.-,. ... ` r 'O Jr t �';�}A i ` _. 1� ' C � Y � �� :,- �.._ 4 ' . -. .- � Midpeninsula Regional Open Space District R-12-30 Meeting 12-09 March 14, 2012 AGENDA ITEM 11 AGENDA ITEM Approval of the Proposed Purchase of the Peninsula Open Space Trust(October Farm) Property located at 2200 Lobitos Creek Road in unincorporated San Mateo County (San Mateo County Assessor's Parcel Numbers 066-290-010, -030, and -050) as an addition to Purisima Creek Redwoods Open Space Preserve; Adoption of the Preliminary Use and Management Plan; Authorize the General Manager to file for Williamson Act Nonrenewal; 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 Peninsula Open Space Trust (POST) (October Farm) Property. 3. Adopt the Preliminary Use and Management Plan contained in this report. 4. Adopt the attached Resolution authorizing the General Manager to file, upon close of escrow, a notice of Williamson Act nonrenewal with San Mateo County for Assessor's Parcel Numbers 066-290-010, -030, and-050. 5. Withhold dedication of the Property as public open space. SUMMARY The Midpeninsula Regional Open Space District(District) is proposing to purchase of the 270- acre POST (October Farm) Property, at a price of$3,500,000. As part of this transaction, the District would also reimburse POST for a dump site removal and restoration work completed on the property totaling$64,000. Therefore, the total cost of this transaction is $3,564,000. In addition, the District is proposing to file for non-renewal of the Williamson Act contract with San Mateo County. The following report presents a description of the POST(October Farm) Property, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions, and the financial considerations. R-12-30 Page 2 DISCUSSION On November 9, 2011, the Board approved a Lease and Management Agreement with POST to manage the October Farm property as an addition to the Purisima Creek Redwoods Open Space Preserve(Preserve). POST purchased the property in July 2011. The lease agreement provides for patrol and management of the property, and includes the property management responsibilities of renting the residential improvements and to pursue an interim cattle grazing tenant under the General Manager's authority (see R-I 1-106). Property Description The 270-acre POST (October Farm)property is located along Lobitos Creek Road, approximately 1.5 miles east of Highway I (Cabrillo Highway) and approximately nine miles southeast of the city of Half Moon Bay by road. The property is within the Coastside Protection Area, an area that was annexed into the District boundaries in 2004. The October Farm property provides a natural extension of the Preserve located immediately across Lobitos Creek from the UC Elkus Uplands addition to Purisima Creek Redwoods Open Space Preserve (the Preserve)purchased by the District in 2009 (see R-09-91). Addition of the property to the preserve system would leverage the District's prior investment in the conservation of the Lobitos Creek watershed, and ensure that the local constituencies have influence over the future watershed management and restoration actions, such as anadromous fish habitat enhancement. This property is also important in terms of scenic viewsheds, wildlife corridors and agricultural resource preservation. The Bay Area Open Space Council Conservation Lands Network(see http://www.bayarealands.org/) identifies the POST (October Farm) property as "Essential to Conservation Goals", indicating that it is an essential component of a network of conservation lands for biodiversity preservation. The coastal landscape of the POST(October Farm) property consists of grazed rolling grasslands, steep brushy canyons, and lush creek corridors. Rising to an elevation of approximately 845 feet, the property possesses unparalleled views of the coastline and the western Santa Cruz Mountains. It includes the lower portion of Irish Ridge, a prominent ridgeline extending from the Preserve west to the coastal lowlands, separating the watersheds of Lobitos Creek to the north and Tunitas Creek to the south. This ridgeline is central to the open, rural landscape of the region, whether seen from the Preserve or Highway I and the coastal lowlands below. With approximately 3/4 mile of perennial stream frontage, three ponds, and several seeps, the property possesses significant habitat, watershed and riparian resources. Forming the northwestern property line, Lobitos Creek is a free-flowing stream known to host steelhead trout despite the presence of two known fish passage barriers at Verde Road and Highway 1. Pockets of spawning gravels and young-of-the-year steelhead or resident rainbow trout were observed in a recent California Department of Fish and Game (CDFG) stream survey. According to CDFG staff, if fish passage barriers were ever removed Lobitos Creek has excellent restoration potential for the benefit of steelhead trout. Rodgers Gulch, which flows into Lobitos Creek, forms the southern property line. R-12-30 Page 3 The seasonal ponds on the property provide potential breeding habitat for the rare and threatened California red-legged frog. The former owner reports that red-legged frogs reside at the lower pond located above Lobitos Creek Road and in the drainage area above the greenhouse. The property is part of a deer/mountain lion habitat corridor extending up the Lobitos Creek watershed through the Preserve and beyond Skyline Boulevard to the San Francisco watershed lands. The former owner reports that a female mountain lion, chestnut in color, regularly roams the property. The prominent ridgeline of the property also provides habitat for burrowing owls and badgers, which the former owner indicates have been on the property for as long as she owned the property. Vehicular access is directly from Lobitos Creek Road which bisects the property. In general, the existing seasonal ranch roads on and accessing the property are in good condition and do not show signs of significant soil erosion. Prior to POST's recent purchase, the property was owned by the Rapley family who had occupied the property for 22 years. Until September 2011, the ranch was used for residential purposes, and for beef cattle grazing, organic eggs, organic greenhouse tomatoes and vegetables that were taken to the Half Moon Bay Farmer's market. Water for cattle is provided at the property's two spring-fed stock ponds. The October Farm property has a small corral facility with water troughs located on the property along Lobitos Creek Road which may be useful in managing grazing on other portions of the Preserve. Adequate fencing is present along the property perimeter. In 2009, the former owner grew organic vegetables on about 0.25 acres near the pond located across Lobitos Creek Road from the residence. Since the former owner's cattle, row crop, and greenhouse agricultural operations ceased prior to POST's purchase, no agricultural uses currently occur on the property. Staff is in the process of selecting an interim grazing tenant for the approximately 167 acres of grazing grassland on the property until a I Rangeland Management Plan is developed for the property. A number of existing farm-related structures and improvements are found along Lobitos Creek Road, with no structures on the northern side of the property. Minimal agricultural irrigation infrastructure is present, and windmill-and generator-powered water pumps draw water from the underground aquifer. Buildings on the property include a one-story single family residence with three bedrooms and three bathrooms (2,295 square feet) which was renovated in 2007, a workshop and attached two-story cottage in fair condition, a 2-car garage, a greenhouse, a 2,100 square foot historic barn and several wood-frame sheds of varying sizes. The residences are served by a septic tank and leach field. The District recently entered into a month to month residential rental agreement with a family for the main residence, greenhouse, chicken coop and pond house. The two story cottage is currently being evaluated for suitability and habitability as rental structure. All of the District's Coastside land purchases are subject to a Memorandum of Understanding between the San Mateo County Farm Bureau and the Midpeninsula Regional Open Space District. In accordance with this memorandum, District staff presented information and solicited comments on the proposed purchase of the 270-acre POST (October Farm)property at a Farm Bureau meeting. i R-12-30 Page 4 REAL PROPERTY COMMITTEE The District's Real Property Committee, a standing committee of the Board of Directors, held a meeting on the property(within the Coastside Protection Area) with neighbors and interested members of the public in order to familiarize them with the property and to receive public input on the proposed purchase. This meeting was held on November 30, 2011, after notice was distributed to property owners of land located adjacent to or surrounding the property, Coastside public officials, community-interest groups, non-profit land trusts, conservation-oriented organizations, elected officials, government agencies and government-sponsored organizations within the Coastside Protection Area. Nine neighbors or members of the public attended the meeting including a representative from POST. At the meeting, staff described the property and how it would be managed as a natural extension of the adjacent Preserve, the proposed preliminary use and management plan, and the proposed purchase terms. USE AND MANAGEMENT Planning Considerations The November 9, 2011 report contains a detailed description of the planning considerations related to zoning, existing structure use, rangeland, agricultural resources and Coastside Service Plan. Several additional planning considerations not previously discussed are presented below. San Mateo County General Plan Conformity Determination On November 10, 2011, District staff sent a letter to San Mateo County requesting County General Plan conformity review of the District's proposed property purchase. The POST (October Farm) property's General Plan land use designation consists of 245 acres Agriculture and 25 acres of General Open Space (OS). Because a large portion of the property's General Plan designation is Agriculture, the conformity review was referred to the San Mateo County Agricultural Advisory Committee. On December 12, 2011 District staff made a presentation about the property purchase to this Committee. On December 14, 2011, the San Mateo County Planning Commission conducted its conformity review and found the purchase in conformance with the General Plan. POST's Dump Site Clean Up and Site Restoration The District commissioned a Phase I Environmental Site Assessment prior to POST's purchase and District staff has conducted due diligence investigations and inspections of the property, including a review of San Mateo County's property records and files. No information of concern was noted in reviewing this information. The former owner disclosed to POST that two unpermitted dump sites containing organic and metallic debris had accumulated on the property. One smaller site was removed by the former owner. The second larger dump site was removed and restored by POST, with support and assistance from the District's Real Property, Operations and Planning Department staff. All metallic and concrete debris was removed and properly disposed. Asbestos piping and above ground fuel tanks were tested and properly disposed. Organic debris such as tree stumps and brush were left on the property to naturally decompose. Erosion control measures including netting and native seeds were implemented in the drainage swale area associated with this dump site. R-12-30 Page 5 Williamson Act The POST (October Farm) property is subject to the Land Conservation Agreement between. San Mateo County, Emile R. and Genevieve M. Boulland under the California Land Conservation Act of 1965 (also known as the Williamson Act). According to the California Department of Conservation's Farmland Mapping and Monitoring Program(FMMP) 2008 update, the property contains approximately 167 acres of Grazing Land, and 114 acres of Other Land (steep scrubland unused for agriculture). San Mateo County soils maps show that only three small isolated plots meet the County Local Coastal Plan/ District Coastal Service Plan definition of"Prime Agriculture" moderately suited to the cultivation of truck and field crops. These areas do not appear to have been recently used for cultivated crops. The Williamson Act Land Conservation Agreement is a voluntary agreement between a landowner and the County to encourage retaining commercial agricultural use in exchange for property tax reduction. As a government agency, the District is not subject to property taxation. Consequently, the contract would impose an undue administrative burden upon the District without affording any benefits. Staff notified the California Department of Conservation(CDC) of the proposed POST (October Farm) property purchase, as required. In the past, CDC staff has recommended the District consider filing for contract nonrenewal when acquiring land subject to a Williamson Act Land Conservation Agreement. Nonrenewal is the standard administrative procedure for terminating a Williamson Act Land Conservation Agreement and the recommended Preliminary Use and Management Plan Amendment for the POST(October Farm)property calls for nonrenewal. The October Farm property would continue to be used for agriculture and open space, in compliance with the existing contract during the ten-year nonrenewal period. Preliminary Use and Management Plan Amendment(Next Steps) The Preliminary Use and Management Plan adopted by the District Board on November 11, 2011 is described below. Proposed minor amendments are shown in bold type. The property would be maintained in its current condition, with no physical 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. All mitigation measures contained in the Coastside EIR are incorporated into this Preliminary Use and Management Plan. Public Access: Closed to public use. Issue tenant and neighbor permits on a case-by-case basis allowing hiking use consistent with historical use patterns. Signs and Site Install private property, closed area and preserve boundary signs where Security: appropriate. Structures and Rent the single family residence, greenhouse, pond house and chicken Improvements: coop, and associated premises under District month-to-month residential rental agreements. Maintain the other structures in usable condition. Maintain the existing water system providing domestic, irrigation, and stock watering in serviceable condition. Maintain existing septic systems. R-12-30 Page 6 Resource Conduct a detailed resource assessment of the property, covering such topics Management: as vegetation management and special status species. Conduct other interim invasive plant and animal management activities consistent with the District's policies and practices. Rangeland Prepare a Rangeland Management Plan in accordance with the District's Management: Coastside Service Plan and the District's Grazing Management Policy. Present the Rangeland Management Plan for review and approval by the District Board of Directors. Rent the grassland areas for cattle grazing on a short-term interim basis until a Rangeland Management Plan and lease is developed for the property. Agricultural Further assess suitability and feasibility of the property for ongoing Resources: agricultural crop cultivation in consultation with knowledgeable Coastside organizations and, if warranted,prepare an Agricultural Production Plan in accordance with the District's Coastside Service Plan and the District's Agricultural Policies for review and approval by the District Board of Directors. Patrol: Routinely patrol the property. Wildfire Fuel Conduct standard District-wide wildfire fuel management activities. Management: Fences and Install fences and gates as necessary to prevent unauthorized vehicular entry Gates: at the property boundaries. Roads and Keep existing primary roads for seasonal use. Implement maintenance and Trails: minor erosion and sediment control measures for access roads in accordance with District and Service Plan standards. Coastside Operate and manage the property in conformity with the provisions of the Service Plan: Service Plan for the Coastside Protection Program and the mitigation measures adopted pursuant to the Coastside Service Plan Environmental Impact Report. Site Safety No evidence of any recognized hazardous condition has been found on the Inspection: property. As with every situation involving older structures and past agricultural use, perform a thoughtful analysis of the specific working conditions before all future maintenance and repairs. POST Site For a limited period and in accordance with the District's "Policies for Naming: Site Naming and Gift Recognition", allow POST to recognize significant donors through the naming of a single, specific location, land formation, trail, or other natural feature on the property. R-12-30 Page 7 Williamson Terminate the Williamson Act contract through the standard Act: nonrenewal process. Comply with the existing Williamson Act contract during the nonrenewal period. Name: Name the property as an addition Purisima Creek Redwoods Open Space Preserve. Dedication: Withhold dedication of the property as open space at this time. CEQA COMPLIANCE Project Description The proposed project consists of the purchase of a 270-acre private property by the District for open space and agricultural preservation purposes, the concurrent adoption of a Preliminary Use and Management Plan, and nonrenewal of the Williamson Act contract for the property. The land would be permanently preserved as open space and maintained in a natural condition. The property would be closed to the public until a future long-term plan is completed. The residence j would continue to be rented, cattle grazing would continue to occur, and minor maintenance and repair of the existing improvements would occur. Grazing and agricultural resource management plans would be prepared if required. No decisions would be made now about future changes to use, management or improvements proposed for the property. Ultimately, the property would be included in a future long-term plan for the Purisima Creek Redwoods Open Space Preserve, which would be subject to further public input and subsequent environmental review. The outcome of this future decision making process is speculative at this time. In accordance with the Coastal Service Plan, the project incorporates all of the Coastside Environmental Impact Report (EIR)mitigation measures that apply to lease and management agreements within the Coastside Protection Area and is subject to the Coastal EIR mitigation monitoring program. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act)under Article 19, Sections 15301, 15316, 15317, 15325, 15262 and 15061(b)(3) of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Under the proposed Preliminary Use and Management Plan, there will be no expansion of use, and the property will be operated and maintained in its current condition and closed to public use. The Williamson Act Land Conservation Agreement will not be renewed, with no changes to the use of the property. R-12-30 Page 8 Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space and to allow continued agricultural use to occur. This acquisition will transfer fee ownership of the property to the District and ensure that the open space will be preserved, that continued agricultural use will occur by implementing the Preliminary Use and Management Plan, and by incorporating it into the District's open space preserve system. Section 15262 exempts a project involving only feasibility or planning studies for possible future actions which the agency has not approved, adopted, or funded. The project calls for further planning studies regarding changes to rangeland or agricultural resource management. No decisions are being made now about future physical changes to use, management or improvements on the property. The project is also exempt under Section 15061(b)(3), as there is no possibility the actions may have a significant effect on the environment. This proposed project is categorically exempt from CEQA under these six sections. TERMS AND CONDITIONS The 270-acre POST (October Farm) property is being purchased at a price of$3,500,000, which is payable in cash at the close of escrow. The purchase price is well supported by an independent fair market appraisal commissioned by the District. The property is comprised of three legal parcels and has a potential development density of three residential sites. Further residential development would be feasible, as much of the property is accessible from Lobitos Creek Road and there are many relatively level building sites along or near ridge tops. Within close proximity are numerous homes visible from Lobitos Creek Road on one to 180-acres of land. As part of this transaction, the District is reimbursing POST in the amount of$64,000 for the dump site removal and dump site restoration completed on the property during the fall of 2011. Therefore, the total cost of this transaction is $3,564,000. The Lease and Management Agreement with POST will terminate at the close of escrow. The purchase agreement includes a standard covenant that provides POST a period of five years to recognize significant donors through the naming of a single, specific location, land formation, trail, or other natural feature on the property, in accordance with the District's "Policies for Site Naming and Gift Recognition". i R-12-30 Page 9 Rental and Grazing Agreements Under the current Lease and Management Agreement with POST, the District has entered into a month to month rental agreement for the single family residence, greenhouse, chicken coop and pond house for a monthly rent of$3,500 totaling $42,000 in annual rental income to the District. Staff is also in the process of selecting an interim grazing tenant for the 167-acre grassland portion of the property until a Rangeland Management Plan and long term grazing lease is developed for the property. The long term grazing lease and management plan will be presented to the Board at a future public meeting. BUDGET CONSIDERATIONS FY2011-12 Budget for New Land Purchases: New Land $13,495,000 Land purchase commitments this fiscal year $6,015,000 POST October Farm Property $3,564,000 New Land Purchase Budget Remaining $ 3,916,000 The District Controller was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. Current Coastside Protection Area Fiscal Considerations The property is located within the service area of San Mateo County Fire,but not the La Honda- Pescadero Unified School District. However, under the terms of the District/County Fire agreement, the District is not required to pay a County Fire fee when the District leases the property for a private agricultural or residential use which is subject to a possessory interest tax. i The Coastside Protection Program included a Fiscal Analysis conducted by Economics Research Associates confirming the feasibility of implementing that Program. To ascertain whether the conclusions made in the Fiscal Analysis are valid for this particular project, staff has researched the specific site conditions and expected costs associated with the proposed purchase and subsequent management of the property. This site assessment indicated that acquisition and management costs for the POST (October Farm) property are expected to be consistent with the Fiscal Analysis projections. Furthermore, staff assessed the costs associated with this project and compared them to the Controller's most recent 15-year projections of cash flow, property tax revenue and operating expenses. Staff concludes that purchasing and managing this property will not result in any significant impact to the District's existing services, and that the District has the resources to sustain the lease and management of the property for the specified term. PUBLIC NOTICE Property owners adjacent to or surrounding the subject property, agenda subscribers, individuals requesting notification of proposed Coastside and Preserve projects, and Coastside public officials, community-interest groups, non-profit land trusts, conservation-oriented organizations, R-12-30 Page 10 elected officials, government agencies and government-sponsored organizations within the Coastside Protection Area have been mailed written notice of the proposed lease and management agreement. The agenda and this report have been made available on the District's website. Accordingly, all notice required by the Brown Act and the Coastal Protection Program has been provided. NEXT STEPS Upon approval by the District Board of Directors, staff will proceed with the close of escrow for the purchase of the property. District property management staff will administer the rental residence. Staff will select an interim grazing tenant on a short-term basis. Upon close of escrow, staff will request nonrenewal of the Williamson Act contract with San Mateo County. Attachments: 1. Two Resolutions 2. Map Prepared by: Sandy Sommer, Senior Real Property Planner Michael Williams, Real Property Manager I Contact person: Michael Williams, Real Property Manager Graphics prepared by: Alex Roa, Planning Intern RESOLUTION 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING APPROVAL OF PURCHASE AGREEMENT,AND AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT DEED TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (PURISIMA CREEK REDWODS OPEN SPACE PRESERVE - LANDS OF PENINSULA OPEN SPACE TRUST (OCTOBER FARM) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement with Peninsula Open Space Trust, a California non-profit, public benefit corporation, and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein("the October Farm Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $2,500 to cover the cost of V title insurance, escrow fees, and miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. RESOLUTION 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PURSUANT TO GOVERNMENT CODE SECTION 51245 APPROVING THE FILING OF A NOTICE OF NONRENEWAL OF THE WILLIAMSON ACT LAND CONSERVATION AGREEMENT BETWEEN SAN MATEO COUNTY AND GENEVIERE M. BOULLAND WHEREAS, the Midpeninsula Regional Open Space District("District"), upon close of escrow, will own parcels of land in unincorporated San Mateo County, known as San Mateo County Assessor's Parcel Numbers 066-290-010, 066-290-030 and 066-290-050, which is subject to a Land Conservation Agreement between San Mateo County, Emile R. and Genevieve M. Boulland under the California Land Conservation Act of 1965 (also known as the Williamson Act); and WHEREAS, the mission of the District includes preservation of open space and agricultural lands in perpetuity so that acquisition of such contracted lands accomplishes the purposes of the Williamson Act; and WHEREAS, the procedures established by the County of San Mateo for administering such contracts serve no useful purpose when land is owned by a park or open space agency preserving such lands' open space and agricultural resources, yet such procedures can impose a procedural and financial burden on the District's ability to efficiently carry out its operations; and WHEREAS, the benefits of reduced property tax in exchange for such land preservation is no longer relevant once the District has acquired such lands, as the District is exempt from property tax in most situations. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Authorizes the General Manager of the District,pursuant to Government Code Section 51245, to file a notice of nonrenewal with the Board of Supervisors of San Mateo County for Assessor's Parcel Numbers 066-290-010, 066-290-030 and 066-290-050, (currently subject to the same Land Conservation Contract) and, upon close of escrow, owned by the District. 2. Authorizes the General Manager as agent of the District to execute and submit all documents and take such actions as may be necessary or convenient to accomplish the purpose of this Resolution, or to comply with the requirements of the San Mateo County Code or the State Williamson Act, in order to accomplish the nonrenewal of the contract described above. )0\1'�n,Carlos�s - Half Moon ¢�, ` Bay a of tails' d I S M.county cojleunitY Se r _.. 0 Ct. � P o i 06, E f a � o 0G's" Location Map, POST (October Farm) Property Midpeninsula Regional POST (October Farm) Property `_j Watershed Land Private Property Open Space District (MROSD) MROSD Preserves Other Public Agency Other Protected Open Space Non MROSD Conservation e or Park Lands or Agricultural Easement August, 2011 ' Miles 0 0.5 1 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.