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Home My Public Portal About20120822 - Agenda Packet - Board of Directors (BOD) - 12-29 Midpeninsula Regional ' Open Space District Meeting 12-29 REGULAR MEETING BOARD OF DIRECTORS NIIDPENINSULA REGIONAL OPEN SPACE DISTRICT Sea Crest School 901 Arnold Way Half Moon Bay, CA 94019 Wednesday, August 22,2012 REGULAR MEETING BEGINS AT 6:30P.M. AGENDA 6:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— PUBLIC SESSION ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA 6:35 CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings—July 11,2012,July 18,2012, and July 25,2012 2. Approve Revised Claims Report 3. Approve Written Communications—F. Geefav 4. Consider approval of a lease amendment for the Historic Fremont Older Residence with Morton and Elaine Levine at the Fremont Older Open Space Preserve and Determine that the Recommended Actions are Exempt from the California Environmental Quality Act—A. Ishibashi I 5. Issuance of Owner's Letter of Concurrence for Peninsula Open Space Trust to Construct the Audrey C. Rust Commemorative Site at Mindego Gateway in Russian Ridge Open Space Preserve—G. Coony 6:10 BOARD BUSINESS 6. Award of Re-Bid of Ponds DR07 and DR08 Repair Project at La Honda Creek OSP—J. Andersen 7. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Proposed La Honda Creek Open Space Preserve Master Plan, in Accordance with the California Environmental Quality Act,and Final Approval of the Master Plan—L. Bankosh S. Consideration of Adding the Russian Ridge(MindeQo Ranch Area)Use and Management Plan Amendment as a New Key Project to the District Fiscal Year 2012-13 Action Plan—L. Bankosh J 6:10 BOARD BUSINESS(CONTINUED) 9. Authorization to Amend the Preliminary Use and Management Plan for Bluebrush Canyon Addition to the Purisirna Creek Redwoods Open Space Preserve to Incorporate a Rangeland Management Plan for the Bluebrush Canyon Grazing Unit; and Authorization to Approve a Grazing Lease for the Bluebrush Canyon Urazino Unit —E. Cuzick and C. Koopman 10. Authorization to Amend a Contract with Timothy C. Best,Certified Engineering Geologist, for the Staging Area and Trails Project and the Watershed Protection Program at El Corte de Madera Creek Open Space Preserve—T. Hugg 11. Selection of the Public Participation Coordinator and Consultant Team, and Approval of the Consultant Contracting Approach for the Vision Plan—A. Ruiz and R. Jurgensen I 12, Amend the Contract with Wilfred Jarvis Institute for Organizational and Leadership Consulting Services—K. Drayson 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 ADJOUR,NNIENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change oj'order. TO ADDRESS THE BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications, Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by v 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)691-1200 Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altus,California 94022. CERTIFICATION ()F POSTIM;OFACENDA 1,Michelle Radcliffe,District Clerk for the Nlidpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the MROSD Board of Directors was posted and available for review on August 17,2012.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 h try:Vw ww.oven simce,orq. Signed this 17''day of August,at Los Altos,California. Cc Q in g.J�QL District Clerk August 17,201_2 El 2 kN;r * El 16 I I Claims No. 12-15 Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18136 $199,917.33 Pape'Machinery Purchase Of PAPE John Deere 85D Excavator 18137 $55,431.00 City Of East Palo Alto Reimbursement For Site Remediation Work At Ravenswood Parking Lot-Cooley Landing Project 18138 $38,451.69 Restoration Design Group Site Planning Services For Mt.Umunhum 18139 $24,370.86 County Of Santa Clara- Services Related To Design, Installation& Maintenance Of A Communications Department Two Way Radio System 18140 $24,000.00 New World Systems Annual Software Maintenance Agreement 18141 $21,478.49 Schafer Consulting Consulting Services-Integrated Accounting&Financial Software Selection, Evaluation&Implementation 18142 $19,022.70 *1 Southwest Construction&Property Folger Ranch House Remodel Management 18143 $11,055.00 The Creative Group Temporary Media Communication Specialist 18144 $9,000.00 Grossman Design Group Consulting Services-Prepare Mt.Umunhum Demolition Contract Documents 18145 $8,800.00 Minh Le Leadership Consulting Services 18146 $8.640.00 Accountemps Accounting Temp 18147 $7,982.81 Metro Mobile Communications Two Radios For District Vehicles/Radio Repairs/Two Battery Chargers/Installation Of Remote Mount Mobile Radio/Radio Reprogram 18148 $7,388.81 Sol's Mobile Service Vehicle Maintenance&Repairs 18149 $6,768.00 Security Code 3 Security Patrol Service-Mt. Umunhum 18150 $6,749.25 Normal Data Consultant Services-Permits Database&Timecard Database 18151 $6,302.91 *2 Page&Turnbull Architectural&Engineering Services-Folger Ranch House Remodel Project 18152 $6,221.31 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 18153 $5,528.62 Arranged 4 Comfort Ergonomic Equipment&Office Furniture 18154 $5,308.50 Butano Geotechnical Engineering Geotechnical Services For Mindego Gateway Project 18155 $5,188.00 RDO Equipment Company Tractor Rental For Discing&Mowing-SFO Preserves 18156 $5,010.00 Butano Geotechnical Engineering Geotechnical Survey&Engineering Drawings For Proposed Driveway&Drainage System For The Silva Property 18157 $4,790.47 Howard Rome Martin&Ridley Legal al Services-Gullicksen Litigatio n 18158 $4,746.00 ## Terminix Pest Control Services-Hawthorn o n Property p Y 18159 $4,134.50 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 18160 $3,899.99 *3 Geocon Consultants Hicks Flat Mercury Remediation Plan&Construction Oversight 18161 $3,837.40 *4 F&S Auto Body Inc Repair Patrol Truck 18162 $3,793.00 Ascent Environmental Environmental Documentation For La Honda Master Plan 18163 $3,675.00 Glasser Koliy Labor Relations Consultant Services-Labor Negotiations 18164 $3,385.09 New World Systems Integrated Accounting And Financial System Software& Implementation Services 18165 $3,083.52 Callander Associates Landscape Bay Trail Concept Plan Study At Ravenswood Architecture 18166 $3,000.00 The Bank Of New York Mellon Once Time Fee For Final Rebate Calculation Reports For 1999 Revenue Bonds 18167 $3,000.00 Socialmentum On-Line Public Participation Toot For The Bay Trail Project 18168 $2,991.34 *5 First National Bank Field Supplies/Security Lock For Black Mountain Water Tank! Safety Caps For T-Posts/Protective Ear Muffs/Erosion Control Blankets/Flails For Mower&Mower Parts/Fuel Cans/Caster For Pallets To Move Heavy Equipment 18169 $2,462.50 *6 Concern Employee Assistance Program Quarterly Fee 18170 $2,312.50 Wildland Resource Management Wildfire Risk Assessment For Mt.Umunhum 18171 $2,185.00 *7 Sherry L Niswander&Associates Folger Ranch House Remodel-Construction Oversight 18172 $2,120.00 The Bank Of New York Mellon Administrative Fee For 2005 Refunding Promissory Notes 18173 $2,075.38 Summit Uniforms Uniform Expenses Page 1 of 6 n Claims No. 12-15 Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18174 $2,032.63 *8 County Of San Mateo Information Rent For Radio Repeater At Pise Peak Services Department 18175 $2,032.63 County Of San Mateo Information Rent For Radio Repeater At Pise Peak Services Department 18176 $2,000.00 Rutherford&Chekene Structural&Geotechnical Assessment-Mt. Umunhum Radar Tower 18177 $1,862.02 Diamond Crane Company Windmill Service-October Farm 18178 $1,836.40 The Mercury News Legal Advertisement-Invitation To Bid For Mt.Umunhum Demolition Project&ECdM Staging Area Project 18179 $1,779.00 *5 First National Bank Conferences&Training-California Special Districts Association p Legislative Days/Fire Shelters For Training 18180 $1,728.99 Hsieh,Benny Reimbursement-Break Room Supplies&Intel Developer Forum 2012 Conference Registration 18181 $1,592.43 Southwest Construction&Property Folger Ranch House Remodel Management 18182 $1,461.99 Stevens Creek Quarry Trial&Road Maintenance-Spring Ridge-Windy Hill 18183 $1,296.62 CMK Automotive Vehicle Maintenance&Repairs 18184 $1,200.00 ## Woodside Portola Patrol Patrol Services-Hawthorn Property 18185 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 18186 $1,155.00 Fall Creek Engineering Engineering Design Services For Ponds DR07&DR08 At La Honda Creek 18187 $1,111.20 Alvaro Jaramillo Mt. Umunhum Bird Surveys 18188 $1,086.61 Continuing Education Of The Bar Legal Books&Updates-California Easements&Boundaries/ California Civil Procedures/California Municipal Law Handbook 18189 $1,000.00 *9 California Pension Group Legislative Consultants To Provide Pension Reform Information 18190 $982.91 Gardenland Power Equipment Field Supplies/October Farm Water Generator/Chainsaw Bar 18191 $901.82 The San Francisco Chronicle Legal Advertisement-Invitation To Bid For Mt. Umunhum Demolition Project&ECdM Staging Area Project 18192 $892.88 *5 First National Bank Business Related Meals-Board Meetings&Closed Sessions/ GM Meetings/Rangers Skills Assessment Lunch/Lunch For Ranger Interview Panel 18193 $885,81 *10 San Mateo County Planning&Building Building Permit-Cross Over Trail-ECdM Department 18194 $860.20 Rich Voss Trucking Trucking Services For Rock Delivery To Windy Hill 18195 $825.00 Systems for Public Safety Recruitment-Background Research For Ranger Candidate 18196 $779.83 Cascade Fire Equipment Company Vehicle Repairs&Parts/Hose&Hose Accessories-SFO 18197 $742.03 *5 First National Bank Miscellaneous Expenses-Postage For Board Packet Mailing! Deposit-Room Rental For Mt. Umunhum Public Meeting/Keys For October Farm/Facility Rental For Board&Managers Retreat 18198 $731.63 Callander Associates Landscape Cooley Landing Remediation Design Services Architecture 18199 $705.53 Patsons Media Group Postage For Mt. Umunhum Public Meeting Announcement Postcards 18200 $695.51 Orchard Supply Hardware Field Supplies/Supplies For Repair Of Campground Tables At i Black Mountain i Saw Blades For FFO Shop/Tool Box For Tractor/Supplies For Hazardous Material Disposal/Trash Cans For Weed Removal/Wet Dry Vacuum/Socket Set 18201 $654.05 Home Depot Field Supplies/Lumber For DHF/Supplies For Emergency Cashe At AO/Cleaning Supplies For Annex/Attic Fan For SAO 18202 $632.77 *5 First National Bank Advertising,Subscriptions&Books-Job Postings On Craig's List,Governmentjobs.com&CALPELRA Website For Human Resources Supervisor 18203 $630.33 Office Depot Office Supplies/Copy Paper/Mouse Pads/Staplers! Classification Folders 18204 $630.00 Department Of Toxic Substances Environmental Protection Agency Annual Manifest Fees j Control Page 2 of 6 Claims No. 12-15 Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District ## Amount Name Description 18205 $630.00 Bill's Towing Service Towing Services 18206 $625.00 Lance Bayer Legal Services-Personnel 18207 $625.00 *11 The Historic Del Monte Building Deposit For Mt. Umunhum Public Meeting At The Historic Del Monte Building 18208 $600.00 W.J.Sorich Enterprises 2012 Sorich Road Dues 18209 $575,64 Office Team Office Temp-Front Desk 18210 $552.00 *5 First National Bank Computer,Website&Internet Expenses-Email Service Provider For Sending Email Blasts/Vertical Mouse-Four/Internet Service For GM IPad/Domain Renewal Fee 18211 $538.00 *12 Interstate All Battery Center Radio Batteries 18212 $522.50 *5 First National Bank Volunteer&Docent Expenses-Name Badges/Food For Docent Trainings/Volunteer Supplies For Outdoor Service Projects 18213 $502.74 02 Marketing&Design District Uniform Patches 18214 $500.08 Northgate Environmental Management Consulting Services-Powell Property Landfill Investigation 18215 $500.00 Bartel Associates Biennial OPEB Actuarial Evaluation 18216 $499.00 Safety Kleen Solvent Tank Services-SFO&FFO 18217 $466.07 Alvaro Jaramillo ECdM Staging Area Bird Surveys 18218 $465.69 Moffett Supply Company Janitorial Supplies-Hand Sanitizer 18219 $457.04 Monster Mechanical HVAC Service&Repairs-FFO 18220 $440.44 ARC Graphics Production Services For Mt. Umunhum 18221 $425.00 *13 Snyders Honey Deposit For Volunteer Recognition Event Gifts 18222 $423.95 West Payment Center Monthly Subscription 18223 $414.00 San Mateo County Health Department Water Testing For Rental Residences 18224 $400.00 *5 First National Bank Rental Residence Expenses-Termite Warranty Extension 18225 $396.67 *14 Costco Food For Closed Session/Break Room Supplies 18226 $376.80 Burrellesluce Media Contacts For Press Releases&E-Clipping Service 18227 $374.82 Northern Energy Propane Tank Rental-Rental Residence&FFO/Propane Tank Installation For Folger House Remodel 18228 $371.83 Harrington Industrial Plastics Water Filters For Rental Residences 18229 $350.00 *5 First National Bank Membership Dues-California Public Employees Labor Relations Association Membership 18230 $349.82 Palo Alto Upholstery Vehicle Seat Repairs 18231 $323.91 G&K Services Shop Towel Service-SFO&FFO 18232 $306A6 *5 First National Bank a k Office Supplies!Calendar pp s/Break Room Supplies/Rolling Cart For Off-Site Meetings/Replacement Battery For Notebook Computer 18233 $300.00 Liebert Cassidy Whitmore Legal Services-Labor Relations 18234 $282.73 Wright Express Fuel 18235 $270.73 *5 First National Bank Uniform Expenses 18236 $268.02 United Site Services Sanitation Services-Mindego Gateway Archaeology Project 18237 $264.00 Ergovera Ergonomic Evaluation&Report 18238 $261.16 Powerland Equipment Repairs&Maintenance-Mower Parts 18239 $256.50 Tyco Integrated Security Alarm Service-SFO 18240 $245.00 *15 Andie And Jim Carter Reimbursement-Slender False Brome Treatment 18241 $236.26 California Water Service Company Water Service-AO/Windy Hill 18242 $235.18 *16 Wright Express Fuel 18243 $215.36 Hopkins Technical Products,Inc Water System Repair&Parts-SFO 18244 $205.35 Gartside,Ellen Reimbursement-Mileage 18245 $198.16 Green Waste Garbage Service-SFO 18246 $195.06 Carlson, Kerry Reimbursement-Uniform Expense 18247 $194.89 Del Rey Building Maintenance Janitorial Supplies-AO 18248 $194.19 Hammond,Tracy Reimbursement-Uniform Expenses Page 3 of 6 Claims No. 12-15 , Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18249 $170.00 Bay Area Air Quality Management Fuel Tank Permit-FFO 18250 $170.00 *17 BayArea Air Quality Management Fuel Tank Permit- tY 9 e t SFO 18251 $158.85 Cabela's Uniform Expenses 18252 $144.00 Davison,Steve Reimbursement-Tuition 18253 $141.93 [son.Gloria Reimbursement-Office Supplies 18254 $125.00 Santa Clara County Emergency Annual Membership Managers Association 18255 $121.26 Protection One Fire System Alarm Inspection&Monitoring-AO 18256 $120.00 Greeninfo Network Web Development Work For The Preserve Finder 18257 $117.12 ## United Site Services Sanitation Services For Crew Doing Work At The Hawthorn Property 18258 $110.31 Mission Trail Waste Systems Garbage Service-AO 18259 $110.00 Sunnyvale Ford Vehicle Maintenance&Repairs 18260 $109.38 Fitzsimons,Renee Reimbursement-Docent Supplies/Food For Twix/Supplies For Summer Nature Days Event/Docent Training Supplies 18261 $109.00 Coastal Sierra Internet Service-SFO 18262 $103.97 Parry,Rick Reimbursement-Uniform Expense 18263 $100.00 Half Moon Bay Review Legal Advertisement-Notice Of Intent To Adopt A Mitigated Negative Declaration For La Honda Creek Master Plan 18264 $100.00 County Of San Mateo Human Training Courses-Excel 2003/2010 Calculations Resources Department 18265 $100.00 Laustsen,Gretchen Reimbursement-Additional Cost For Mt.Umunhum Puplic Meeting 18266 $89.68 Allied Waste Services Garbage Service-Rental Residence 18267 $80.00 Hooper,Stan Reimbursement-Cell Phone 18268 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 18269 $70.88 Life Assist Oxygen Tank Carrying Bag 18270 $59.93 Grainger Grab Handles For Truck Boxes 18271 $37.84 Trout Bach,Rebecca Reimbursement-Steering Wheel Covers For Patrol Trucks 18272 $34.26 '5 First National Bank Out Of Town Business Meetings-Parking&Lunch For Municipal Attorneys Meeting 18273 $31.08 FedEx Shipping Charges 18274 $30.33 Villarreal,Jaime Reimbursement-Uniform Expense 18275 $29.26 Helmer,Dennis Reimbursement-Uniform Expense 18276 $28.13 Tooland Small Tools-Drill Bit 18277 $21.40 Recognition Specialties Name Badges For Staff 18278 $1T01 Moore Medical First Aid Supplies 18279 $14.28 United Parcel Service Parcel Shipping 18280 $12.99 '5 First National Bank Vehicle Maintenance&Supplies-Car Wash 18281 $6.99 Barron Park Supply Plumbing Supplies For FFO 18282 $5.40 Robert's Hardware Batteries 18283 R $5,491.88 Pape'Machinery Dozer Rental For Road Work At Sierra Azul 18284 R $4,400.00 The Creative Group Temporary Media Communications Specialist 18285 R $4,386.60 *18 Patsons Media Group Postage Cost For Annual Report&Fall Newsletter Mailing 18286 R $3,200.00 Biological Control Of Weeds Weevils For Weed Control 18287 R $2,967.05 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring&Nest Surveys 18288 R $2,898,84 Ron's Transmission Vehicle Repairs&Service 18289 R $2,199.33 Langley Hill Quarry Rock For Road Surface Maintenance At Windy Hill&Purisima Creek Redwoods 18290 R $2,000.00 Portola Park Heights Property Owners Portola Heights Annual Road Dues-Four Parcels Association 18291 R $1,961.39 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum Page 4 of 6 Claims No. 12-15 Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18292 R $1,744.50 *19 San Mateo County Planning&Building General Plan Conformity Fee For POST Toto Ranch Department 18293 R $1,645.00 Michael Dempsey Reimbursement-Slender False Brome Treatment 18294 R $1,484.39 CMK Automotive Vehicle Maintenance&Repairs 18295 R $1,164.71 The Mercury News Legal Advertisement-Notice Of Elections 18296 R $1,050.54 Tadco Supply Janitorial Supplies 18297 R $1,050.00 Hans Luemers Reimbursement-Slender False Brome Treatment 18298 R $875.00 Weed Wrench Company Weed Wrenches 18299 R $805.00 Ann McCarthy Reimbursement-Slender False Brome Treatment 18300 R $700.00 David Gluss Reimbursement-Slender False Brome Treatment 18301 R $700.00 Julie White Reimbursement-Slender False Brome Treatment 18302 R $601.11 San Jose Water Company Water Service-RSA 18303 R $597.50 Overhead Door Company Service For FFO Shop Door&Garage Doors At Annex 18304 R $595.00 Kim Hamrick Reimbursement-Slender False Brome Treatment 18305 R $595.00 Misha Merrill Reimbursement-Slender False Brome Treatment 18306 R $550.28 United Site Services Sanitation Services-Sierra Azul&Fremont Older 18307 R $483.95 Petty Cash Mileage/Car Wash/Parking Fees/Business Related Meals/ Office Supplies/Twix Supplies/Field Supplies/Volunteer Supplies 18308 R $480,00 Butano Geotechnical Engineering Silva Driveway Geotechnical Drawings&Report 18309 R $473.69 Tires On The Go Tires 18310 R $468,26 Gardenland Power Equipment Field Supplies/Parts For Polesaw/Chain Saw Supplies/Fuel Tank For Brushcutter 18311 R $455.00 Doug Campbell Reimbursement-Slender False Brome Treatment 18312 R $455.00 Mary Zvirbilis Reimbursement-Slender False Brome Treatment 18313 R $379.23 Recology South Bay Dumpster Service-FFO 18314 R $367.39 Madco Welding Supplies 18315 R $350.00 Achim Moesta Reimbursement-Slender False Brome Treatment 18316 R $300.00 Lori Mann Docent Enrichment Training 18317 R $279.79 California Water Service Company Water Service-FFO 18318 R $270.93 Cabala's Waders For Pond Management 18319 R $229.90 Villarreal,Jaime Reimbursement-Uniform Expenses 18320 R $220.50 Pine Cone Lumber Field Supplies-FFO 18321 R $175.00 Nancy Serrurier Reimbursement-Slender False Brome Treatment 18322 R $175.00 Bruce Noble Reimbursement-Slender False Brome Treatment 18323 R $138.11 Peterson Tractor Company Service&Repair For Tractor 18324 R $124.60 Hammond,Tracy Reimbursement-Uniform Expense 18325 R $114.57 Mission Trail Waste Systems Garbage Service-AO 18326 R $91.91 Paterson,Loro Reimbursement-Uniform Expenses 18327 R $91.80 West Payment Center Monthly Subscription For Online Legal Information 18328 R $81.94 Heimer, Dennis Reimbursement-Uniform Expenses 18329 R $70.24 West Valley Collection Garbage Service-SAO 18330 R $69.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 18331 R $65.47 Waste Management Of Guadalupe Dumping Fees-SAO Disposal Company 18332 R $60.65 McKibbin,Brennon Reimbursement-Uniform Expenses 18333 R $60.45 Grainger Tools&Supplies For Maintenance Trucks 18334 R $27.85 Barron Park Supply Field Supplies-Deer Hollow Farm 18335 R $26.25 Rayne Of San Jose Water Service-Fremont Older 18336 R $13.32 United Parcel Service Parcel Shipping 18337 R $9.01 Kwik Key Lock&Safe Company Keys For Rental Residences Page 5 of 6 Claims No. 12-15 Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $643,870.06 *1 Urgent check issued 7/26/12 *2 Urgent check issued 7/26/12 *3 Urgent check issued 7/26/12 *4 Urgent check issued 08/17/12 *5 Urgent check issued 8/2/12 The total amount for First National Bank is$9,486,96 *6 Urgent check issued 8/8/12 *7 Urgent check issued 7/31/12 *8 Urgent check issued 8/14/12 *9 Urgent check issued 8/8/12 *10 Urgent check issued 8/10/12 *11 Urgent check issued 8/16/12 *12 Urgent check issued 8/3/12 *13 Urgent check issued 8/14/12 *14 Urgent check issued 8/10/12 *15 Urgent check issued 8/14/12 *16 Urgent check issued 8/3/12 *17 Urgent check issued 8/14/12 *18 Urgent check issued 8/21/12 *19 Urgent check issued 8/17/12 ## Hawthorn expenses Page 6 of 6 t Claims No. 12-15 Meeting 12-19 Date 8/22/12 Midpeninsula Regional Open Space District # Amount Name Description 18136 $502.74 02 Marketing&Design District Uniform Patches 18137 $8,640.00 Accountemps Accounting Temp 18138 $89.68 Allied Waste Services Garbage Service-Rental Residence 18139 $1,111.20 Alvaro Jaramillo Mt.Umunhum Bird Surveys 18140 $466.07 Alvaro Jaramillo ECdM Staging Area Bird Surveys 18141 $245.00 *15 Andie And Jim Carter Reimbursement-Slender False Brome Treatment 18142 $440.44 ARC Graphics Production Services For Mt.Umunhum 18143 $5,528.62 Arranged 4 Comfort Ergonomic Equipment&Office Furniture 18144 $6,221.31 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 18145 $3,793.00 Ascent Environmental Environmental Documentation For La Honda Master Plan 18146 $6.99 Barron Park Supply Plumbing Supplies For FFO 18147 $500.00 Bartel Associates Biennial OPEB Actuarial Evaluation 18148 $170.00 Bay Area Air Quality Management Fuel Tank Permit-FFO 18149 $170.00 *17 Bay Area Air Quality Management Fuel Tank Permit-SFO 18150 63000 BiII's Towing Servi ce Towing Services 18151 $376.80 Burrellesluce Media Contacts For Press Releases&E-Clipping Service 18152 $5 308.50 Butano Geotechnical Engineering Geotechnical Services For Minde o Gateway Project 9 9 9 Y J 18153 $5,010.00 Butano Geotechnical Engineering Geotechnical Survey&Engineering Drawings For Proposed Driveway&Drainage System For The Silva Property 18154 $158.85 Cabala's Uniform Expenses 18155 $1,000.00 *9 California Pension Group Legislative Consultants To Provide Pension Reform Information 18156 $236.26 California Water Service Company Water Service-AO/Windy Hill 18157 $3,083.52 Callender Associates Landscape Bay Trail Concept Plan Study At Ravenswood Architecture 18158 $731.63 Callender Associates Landscape Cooley Landing Remediation Design Services Architecture 18159 $195.06 Carlson,Kerry Reimbursement-Uniform Expense 18160 779. it$ 83 Cascade Fire Equipment Company P Vehicle Repairs&Parts/Hose&Hose Accessories-SFO 18161 $55,431.00 City Of East Palo Alto Reimbursement For Site Remediation Work At Ravenswood Parking Lot-Cooley Landing Project 18162 $1,296.62 CMK Automotive Vehicle Maintenance&Repairs 18163 $109.00 Coastal Sierra Internet Service-SFO 18164 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 18165 $2,462.50 *6 Concern Employee Assistance Program Quarterly Fee 18166 $1,086.61 Continuing Education Of The Bar Legal Books&Updates-California Easements&Boundaries/ California Civil Procedures/California Municipal Law Handbook 18167 $396.67 *14 Costco Food For Closed Session/Break Room Supplies 18168 $100.00 County Of San Mateo Human Training Courses-Excel 2003/2010 Calculations Resources Department 18169 $2,032.63 County Of San Mateo Information Rent For Radio Repeater At Pise Peak Services Department 18170 $2,032.63 *8 County Of San Mateo Information Rent For Radio Repeater At Pise Peak Services Department 18171 $24,370.86 County Of Santa Clara- Services Related To Design, Installation& Maintenance Of A Communications Department Two Way Radio System 18172 $144.00 Davison,Steve Reimbursement-Tuition 18173 $194.89 Del Rey Building Maintenance Janitorial Supplies-AO 18174 $630.00 Department Of Toxic Substances Environmental Protection Agency Annual Manifest Fees Control 18175 $1,862.02 Diamond Crane Company Windmill Service-October Farm 18176 $264.00 Ergovera Ergonomic Evaluation&Report 18177 $3,837A0 *4 F&S Auto Body Inc Repair Patrol Truck Page 1 of 5 Claims No. 12-15 Meeting 12-19 Date 8/22/12 Midpeninsula Regional Open Space District # ,Amount Name Description 18178 $1,155.00 Fall Creek Engineering Engineering Design Services For Ponds DR07&DR08 At La Honda Creek 18179 $31.08 FedEx Shipping Charges 18180 $552.00 *5 First National Bank Computer,Website&Internet Expenses-Email Service Provider For Sending Email Blasts/Vertical Mouse-Four/Internet Service For GM IPad/Domain Renewal Fee 18181 $270.73 *5 First National Bank Uniform Expenses 18182 $12.99 *5 First National Bank Vehicle Maintenance&Supplies-Car Wash 18183 $1,779.00 *5 First National Bank Conferences&Training-California Special Districts Association Legislative Days/Fire Shelters For Training 18184 $742.03 *5 First National Bank Miscellaneous Expenses-Postage For Board Packet Mailing J Deposit-Room Rental For Mt.Umunhum Public Meeting J Keys For October Farm/Facility Rental For Board&Managers Retreat 18185 $400.00 *5 First National Bank Rental Residence Expenses-Termite Warranty Extension 18186 $892.88 *5 First National Bank Business Related Meals-Board Meetings&Closed Sessions/ GM Meetings/Rangers Skills Assessment Lunch/Lunch For Ranger Interview Panel 18187 $2,991.34 *5 First National Bank Field Supplies/Security Lock For Black Mountain Water Tank/ Safety Caps For T-Posts/Protective Ear Muffs/Erosion Control Blankets/Flails For Mower&Mower Parts/Fuel Cans/Caster For Pallets To Move Heavy Equipment 18188 $350.00 *5 First National Bank Membership Dues-California Public Employees Labor Relations Association Membership 18189 $632.77 *5 First National Bank Advertising,Subscriptions&Books-Job Postings On Craig's List, Govemmentjobs.com&CALPELRA Website For Human Resources Supervisor 18190 $306.46 *5 First National Bank Office Supplies/Calendars/Break Room Supplies/Rolling Cart For Off-Site Meetings/Replacement Battery For Notebook Computer 18191 $522.50 *5 First National Bank Volunteer&Docent Expenses-Name Badges/Food For Docent Trainings/Volunteer Supplies For Outdoor Service Projects 18192 $34.26 *5 First National Bank Out Of Town Business Meetings-Parking&Lunch For Municipal Attorneys Meeting 18193 $109.38 Fitzsimons,Renee Reimbursement-Docent Supplies/Food For Twix/Supplies For Summer Nature Days Event/Docent Training Supplies 18194 $323.91 G&K Services Shop Towel Service-SFO&FFO 18195 $982.91 Gardenland Power Equipment Field Supplies/October Farm Water Generator/Chainsaw Bar 18196 $205.35 Gartside,Ellen Reimbursement-Mileage 18197 $3,899.99 *3 Geocon Consultants Hicks Flat Mercury Remediation Plan&Construction Oversight 18198 $3,675.00 Glasser Kolly Labor Relations Consultant Services-Labor Negotiations 18199 $59.93 Grainger Grab Handles For Truck Boxes 18200 $198.16 Green Waste Garbage Service-SFO 18201 $120.00 Greeninfo Network Web Development Work For The Preserve Finder 18202 $9,000.00 Grossman Design Group Consulting Services-Prepare Mt.Umunhum Demolition Contract Documents 18203 $100.00 Half Moon Bay Review Legal Advertisement-Notice Of Intent To Adopt A Mitigated Negative Declaration For La Honda Creek Master Plan 18204 $194.19 Hammond,Tracy Reimbursement-Uniform Expenses 18205 $371.83 Harrington Industrial Plastics Water Filters For Rental Residences 18206 $29.26 Heimer,Dennis Reimbursement-Uniform Expense 18207 $4,134.50 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 18208 $654.05 Home Depot Field Supplies/Lumber For DHF/Supplies For Emergency Cashe At AO/Cleaning Supplies For Annex/Attic Fan For SAO 18209 $80.00 Hooper,Stan Reimbursement-Cell Phone 18210 $215.36 Hopkins Technical Products,Inc Water System Repair&Parts-SFO 18211 $4,790.47 Howard Rome Martin&Ridley Legal Services-Gullicksen Litigation Page 2 of 5 Claims No. 12-15 Meeting 12-19 Date 8/22/12 Midpeninsula Regional Open Space District # Amount Name Description 18212 $1,728.99 Hsieh,Benny Reimbursement-Break Room Supplies&Intel Developer Forum 2012 Conference Registration 18213 $538.00 `12 Interstate All Battery Center Radio Batteries 18214 $141.93 Ison,Gloria Reimbursement-Office Supplies 18215 $625.00 Lance Bayer Legal Services-Personnel 18216 $100.00 Laustsen,Gretchen Reimbursement-Additional Cost For Mt.Umunhum Puplic Meeting 18217 $300.00 Liebert Cassidy Whitmore Legal Services-Labor Relations 18218 $70.88 Life Assist Oxygen Tank Carrying Bag 18219 $7,982.81 Metro Mobile Communications Two Radios For District Vehicles/Radio Repairs/Two Battery Chargers/Installation Of Remote Mount Mobile Radio/Radio Reprogram 18220 $8,800.00 Minh Le Leadership Consulting Services 18221 $110.31 Mission Trail Waste Systems Garbage Service-AO 18222 $465.69 Moffett Supply Company Janitorial Supplies-Hand Sanitizer 18223 $457.04 Monster Mechanical HVAC Service&Repairs-FFO 18224 $17.01 Moore Medical First Aid Supplies 18225 $3,385.09 New World Systems Integrated Accounting And Financial System Software& Implementation Services 18226 $24,000.00 New World Systems Annual Software Maintenance Agreement 18227 $6,749.25 Normal Data Consultant Services-Permits Database&Timecard Database 18228 $374.82 Northern Energy Propane Tank Rental-Rental Residence&FFO/Propane Tank Installation For Folger House Remodel 18229 $500.08 Northgate Environmental Management Consulting Services-Powell Property Landfill Investigation 18230 $630.33 Office Depot Office Supplies/Copy Paper/Mouse Pads/Staplers/ Classification Folders 18231 $575.64 Office Team Office Temp-Front Desk 18232 $695.51 Orchard Supply Hardware Field Supplies/Supplies For Repair Of Campground Tables At Black Mountain/Saw Blades For FFO Shop/Tool Box For Tractor/Supplies For Hazardous Material Disposal/Trash Cans For Weed Removal/Wet Dry Vacuum/Socket Set 18233 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 18234 $6,302.91 "2 Page&Turnbull Architectural&Engineering Services-Folger Ranch House Remodel Project 18235 $349.82 Palo Alto Upholstery Vehicle Seat Repairs 18236 $199,917.33 Pape' Machinery Purchase Of PAPE John Deere 85D Excavator 18237 $103.97 Parry,Rick Reimbursement-Uniform Expense 18238 $705.53 Patsons Media Group Postage For Mt.Umunhum Public Meeting Announcement Postcards 18239 $261.16 Powerland Equipment Repairs&Maintenance-Mower Parts 18240 $121.26 Protection One Fire System Alarm Inspection&Monitoring-AO 18241 $5,188.00 RDO Equipment Company Tractor Rental For Discing&Mowing-SFO Preserves 18242 $21.40 Recognition Specialties Name Badges For Staff 18243 $38,451.69 Restoration Design Group Site Planning Services For Mt.Umunhum 18244 $860.20 Rich Voss Trucking Trucking Services For Rock Delivery To Windy Hill 18245 $5.40 Robert's Hardware Batteries 18246 $2,000.00 Rutherford&Chekene Structural&Geotechnical Assessment-Mt.Umunhum Radar Tower 18247 $499.00 Safety Kleen Solvent Tank Services-SFO&FFO 18248 $414.00 San Mateo County Health Department Water Testing For Rental Residences 18249 $885.81 *10 San Mateo County Planning&Building Building Permit-Cross Over Trail-ECdM Department 18250 $125.00 Santa Clara County Emergency Annual Membership Managers Association Page 3 of 5 Claims No. 12-15 Meeting 12-19 Date 8/22/12 Midpeninsula Regional Open Space District # Amount Name Description 18251 $21,478.49 Schafer Consulting Consulting Services-Integrated Accounting&Financial Software Selection,Evaluation&Implementation 18252 $6,768.00 Security Code 3 Security Patrol Service-Mt.Umunhum 18253 $2,185.00 •7 Sherry L Niswander&Associates Folger Ranch House Remodel-Construction Oversight 18254 $425.00 `13 Snyders Honey Deposit For Volunteer Recognition Event Gifts 18255 $3,000.00 Socialmentum On-Line Public Participation Tool For The Bay Trail Project 18256 $7,388.81 Sol's Mobile Service Vehicle Maintenance&Repairs 18257 $1,592.43 Southwest Construction&Property Folger Ranch House Remodel Management 18258 $19,022.70 '1 Southwest Construction&Property Folger Ranch House Remodel Management 18259 $1,461.99 Stevens Creek Quarry Trial&Road Maintenance-Spring Ridge-Windy Hill 18260 $2,075.38 Summit Uniforms Uniform Expenses 18261 $110.00 Sunnyvale Ford Vehicle Maintenance&Repairs 18262 $825.00 Systems for Public Safety Recruitment-Background Research For Ranger Candidate 18263 $4,746.00 ## Terminix Pest Control Services-Hawthorn Property 18264 $3,000.00 The Bank Of New York Mellon Once Time Fee For Final Rebate Calculation Reports For 1999 Revenue Bonds 18265 $2.120.00 The Bank Of New York Mellon Administrative Fee For 2005 Refunding Promissory Notes 18266 $11,055.00 The Creative Group Temporary Media Communication Specialist 18267 $625.00 `11 The Historic Del Monte Building Deposit For Mt.Umunhum Public Meeting At The Historic Del Monte Building 18268 $1,836.40 The Mercury News Legal Advertisement-Invitation To Bid For Mt.Umunhum Demolition Project&ECdM Staging Area Project 18269 $901.82 The San Francisco Chronicle Legal Advertisement-Invitation To Bid For Mt.Umunhum Demolition Project&ECdM Staging Area Project 18270 $28.13 Tooland Small Tools-Drill Bit 18271 $37.84 Trout Bach,Rebecca Reimbursement-Steering Wheel Covers For Patrol Trucks 18272 $256.50 Tyco Integrated Security Alarm Service-SFO 18273 $14.28 United Parcel Service Parcel Shipping 18274 $268.02 United Site Services Sanitation Services-Mindego Gateway Archaeology Project 18275 $117.12 ## United Site Services Sanitation Services For Crew Doing Work At The Hawthorn Property 18276 $30.33 Villarreal,Jaime Reimbursement-Uniform Expense 18277 $600.00 W.J.Sorich Enterprises 2012 Sorich Road Dues 18278 $423.95 West Payment Center Monthly Subscription 18279 $2,312.50 Wildland Resource Management Wildfire Risk Assessment For Mt.Umunhum 18280 $1,200.00 ## Woodside Portola Patrol Patrol Services-Hawthorn Property 18281 $282.73 Wright Express Fuel 18282 $235.18 *16 Wright Express Fuel Page 4 of 5 Claims No. 12-15 Meeting 12-19 Date 8/22/12 Midpeninsula Regional Open Space District # Amount Name Description li Total $593,598.12 *15 Urgent check issued 8/14/12 *17 Urgent check issued 8/14/12 *9 Urgent check issued 8/8/12 *6 Urgent check issued 8/8/12 *14 Urgent check issued 8/10/12 *8 Urgent check issued 8/14/12 *4 Urgent check issued 08/17/12 *5 Urgent check issued 8/2/12 The total amount for First National Bank is$9,486.96 *3 Urgent check issued 7/26/12 *12 Urgent check issued 8/3/12 *2 Urgent check issued 7/26/12 *10 Urgent check issued 8/10/12 *7 Urgent check issued 7/31/12 *13 Urgent check issued 8/14/12 *1 Urgent check issued 7/26/12 *11 Urgent check issued 8/16/12 *16 Urgent check issued 8/3/12 ## Hawthorn expenses Page 5 of 5 Y } Claims No. 12-15 Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18136 $199,917.33 Pape'Machinery Purchase Of PAPE John Deere 85D Excavator 18137 $55,431.00 City Of East Palo Alto Reimbursement For Site Remediation Work At Ravenswood Parking Lot-Cooley Landing Project 18138 $38,451.69 Restoration Design Group Site Planning Services For Mt.Umunhum 18139 $24,370.86 County Of Santa Clara- Services Related To Design, Installation& Maintenance Of A Communications Department Two Way Radio System 18140 $24,000.00 New World Systems Annual Software Maintenance Agreement 18141 $21,478.49 Schafer Consulting Consulting Services-Integrated Accounting&Financial Software Selection,Evaluation&Implementation 18142 $19,022.70 *1 Southwest Construction&Property Folger Ranch House Remodel Management 18143 $11,055.00 The Creative Group Temporary Media Communication Specialist 18144 $9,000.00 Grossman Design Group Consulting Services-Prepare Mt. Umunhum Demolition Contract Documents 18145 $8,800.00 Minh Le Leadership Consulting Services 18146 $8,640.00 Accountemps Accounting Temp 18147 $7,982.81 Metro Mobile Communications Two Radios For District Vehicles/Radio Repairs/Two Battery Chargers/Installation Of Remote Mount Mobile Radio/Radio Reprogram 18148 $7,388.81 Sol's Mobile Service Vehicle Maintenance&Repairs 18149 $6,768.00 Security Code 3 Security Patrol Service-Mt.Umunhum 18150 $6,749.25 Normal Data Consultant Services-Permits Database&Timecard Database 18151 $6,302.91 *2 Page&Turnbull Architectural&Engineering Services-Folger Ranch House Remodel Project 18152 $6,221.31 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 18153 $5,528.62 Arranged 4 Comfort Ergonomic Equipment&Office Furniture 18154 $5,308.50 Butano Geotechnical Engineering Geotechnical Services For Mindego Gateway Project 18155 $5,188.00 RDO Equipment Company Tractor Rental For Discing&Mowing-SFO Preserves 18156 $5,010.00 Butano Geotechnical Engineering Geotechnical Survey&Engineering Drawings For Proposed Driveway&Drainage System For The Silva Property 18157 $4,790.47 Howard Rome Martin&Ridley Legal Services-Gullicksen Litigation 18158 $4,746.00 ## Terminix Pest Control Services-Hawthorn Property 18159 $4,134.50 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 18160 $3,899.99 *3 Geocon Consultants Hicks Flat Mercury Remediation Plan&Construction Oversight 18161 $3,837.40 *4 F&S Auto Body Inc Repair Patrol Truck 18162 $3,793.00 Ascent Environmental Environmental Documentation For La Honda Master Plan 18163 $3,675.00 Glasser Kolly Labor Relations Consultant Services-Labor Negotiations 18164 $3,385.09 New World Systems Integrated Accounting And Financial System Software& Implementation Services 18165 $3,083.52 Callender Associates Landscape Bay Trail Concept Plan Study At Ravenswood Architecture 18166 $3,000.00 The Bank Of New York Mellon Once Time Fee For Final Rebate Calculation Reports For 1999 Revenue Bonds 18167 $3,000.00 Socialmentum On-Line Public Participation Tool For The Bay Trail Project 18168 $2,991.34 *5 First National Bank Field Supplies/Security Lock For Black Mountain Water Tank/ Safety Caps For T-Posts/Protective Ear Muffs/Erosion Control Blankets/Flails For Mower&Mower Parts/Fuel Cans/Caster For Pallets To Move Heavy Equipment 18169 $2,462.50 *6 Concern Employee Assistance Program Quarterly Fee 18170 $2,312.50 Wildland Resource Management Wildfire Risk Assessment For Mt.Umunhum 18171 $2,185.00 *7 Sherry L Niswander&Associates Folger Ranch House Remodel-Construction Oversight 18172 $2,120.00 The Bank Of New York Mellon Administrative Fee For 2005 Refunding Promissory Notes 18173 $2,075.38 Summit Uniforms Uniform Expenses Page 1 of 6 I Claims No. 12-15 Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18174 $2,032.63 *8 County Of San Mateo Information Rent For Radio Repeater At Pise Peak Services Department 18175 $2,032.63 County Of San Mateo Information Rent For Radio Repeater At Pise Peak Services Department 18176 $2,000.00 Rutherford&Chekene Structural&Geotechnical Assessment-Mt.Umunhum Radar Tower 18177 $1,862.02 Diamond Crane Company Windmill Service-October Farm 18178 $1,836.40 The Mercury News Legal Advertisement-Invitation To Bid For Mt.Umunhum Demolition Project&ECdM Staging Area Project 18179 $1,779.00 *5 First National Bank Conferences&Training-California Special Districts Association Legislative Days/Fire Shelters For Training 18180 $1,728.99 Hsieh,Benny Reimbursement-Break Room Supplies&Intel Developer Forum 2012 Conference Registration 18181 $1,592.43 Southwest Construction&Property Folger Ranch House Remodel Management 18182 $1,461.99 Stevens Creek Quarry Trial&Road Maintenance-Spring Ridge-Windy Hill 18183 $1,296.62 CMK Automotive Vehicle Maintenance&Repairs 18184 $1,200.00 ## Woodside Portola Patrol Patrol Services-Hawthorn Property 18185 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 18186 $1,155.00 Fall Creek Engineering Engineering Design Services For Ponds DR07&DR08 At La Honda Creek 18187 $1,111.20 Alvaro Jaramillo Mt.Umunhum Bird Surveys 18188 $1,086.61 Continuing Education Of The Bar Legal Books&Updates-California Easements&Boundaries/ California Civil Procedures/California Municipal Law Handbook 18189 $1,000.00 *9 California Pension Group Legislative Consultants To Provide Pension Reform Information 18190 $982.91 Gardenland Power Equipment Field Supplies/October Farm Water Generator/Chainsaw Bar 18191 $901.82 The San Francisco Chronicle Legal Advertisement-Invitation To Bid For Mt.Umunhum Demolition Project&ECdM Staging Area Project 18192 $892.88 *5 First National Bank Business Related Meals-Board Meetings&Closed Sessions/ GM Meetings/Rangers Skills Assessment Lunch/Lunch For Ranger Interview Panel 18193 $885.81 *10 San Mateo County Planning&Building Building Permit-Cross Over Trail-ECdM Department 18194 $860.20 Rich Voss Trucking Trucking Services For Rock Delivery To Windy Hill 18195 $825.00 Systems for Public Safety Recruitment-Background Research For Ranger Candidate 18196 $779.83 Cascade Fire Equipment Company Vehicle Repairs&Parts/Hose&Hose Accessories-SFO 18197 $742.03 *5 First National Bank Miscellaneous Expenses-Postage For Board Packet Mailing/ Deposit-Room Rental For Mt. Umunhum Public Meeting/Keys For October Farm/Facility Rental For Board&Managers Retreat 18198 $731.63 Callander Associates Landscape Cooley Landing Remediation Design Services Architecture 18199 $705.53 Patsons Media Group Postage For Mt.Umunhum Public Meeting Announcement Postcards 18200 $695.51 Orchard Supply Hardware Field Supplies/Supplies For Repair Of Campground Tables At Black Mountain/Saw Blades For FFO Shop/Tool Box For Tractor/Supplies For Hazardous Material Disposal!Trash Cans For Weed Removal/Wet Dry Vacuum/Socket Set 18201 $654.05 Home Depot Field Supplies/Lumber For DHF/Supplies For Emergency Cashe At AO/Cleaning Supplies For Annex/Attic Fan For SAO 18202 $632.77 *5 First National Bank Advertising,Subscriptions&Books-Job Postings On Craig's List,Governmentjobs.com&CALPELRA Website For Human Resources Supervisor 18203 $630.33 Office Depot Office Supplies/Copy Paper/Mouse Pads/Staplers! Classification Folders 18204 $630.00 Department Of Toxic Substances Environmental Protection Agency Annual Manifest Fees Control Page 2 of 6 Claims No. 12-15 Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18205 $630.00 Bill's Towing Service Towing Services 18206 $625.00 Lance Bayer Legal Services-Personnel 18207 $625.00 *11 The Historic Del Monte Building Deposit For Mt.Umunhum Public Meeting At The Historic Del Monte Building 18208 $600.00 W.J.Sorich Enterprises 2012 Sorich Road Dues 18209 $575.64 Office Team Office Temp-Front Desk 18210 $552.00 *5 First National Bank Computer,Website&Internet Expenses-Email Service Provider For Sending Email Blasts/Vertical Mouse-Four/Internet Service For GM IPad/Domain Renewal Fee 18211 $538.00 *12 Interstate All Battery Center Radio Batteries 18212 $522.50 *5 First National Bank Volunteer&Docent Expenses-Name Badges/Food For Docent Trainings/Volunteer Supplies For Outdoor Service Projects 18213 $502.74 02 Marketing&Design District Uniform Patches 18214 $500.08 Northgate Environmental Management Consulting Services-Powell Property Landfill Investigation 18215 $500.00 Bartel Associates Biennial OPEB Actuarial Evaluation 18216 $499.00 Safety Kleen Solvent Tank Services-SFO&FFO 18217 $466.07 Alvaro Jaramillo ECdM Staging Area Bird Surveys 18218 $465.69 Moffett Supply Company Janitorial Supplies-Hand Sanitizer 18219 $457.04 Monster Mechanical HVAC Service&Repairs-FFO 18220 $440.44 ARC Graphics Production Services For Mt.Umunhum 18221 $425.00 *13 Snyders Honey Deposit For Volunteer Recognition Event Gifts 18222 $423.95 West Payment Center Monthly Subscription 18223 $414.00 San Mateo County Health Department Water Testing For Rental Residences 18224 $400.00 *5 First National Bank Rental Residence Expenses-Termite Warranty Extension 18225 $396.67 *14 Costco Food For Closed Session/Break Room Supplies 18226 $376.80 Burrellesluce Media Contacts For Press Releases&E-Clipping Service 18227 $374.82 Northern Energy Propane Tank Rental-Rental Residence&FFO/Propane Tank Installation For Folger House Remodel 18228 $371.83 Harrington Industrial Plastics Water Filters For Rental Residences 18229 $350.00 *5 First National Bank Membership Dues-California Public Employees Labor Relations Association Membership 18230 $349.82 Palo Alto Upholstery Vehicle Seat Repairs 18231 $323.91 G&K Services Shop Towel Service-SFO&FFO 18232 $306.46 *5 First National Bank Office Supplies/Calendars/Break Room Supplies/Rolling Cart For Off-Site Meetings/Replacement Battery For Notebook Computer 18233 $300.00 Liebert Cassidy Whitmore Legal Services-Labor Relations 18234 $282.73 Wright Express Fuel 18235 $270.73 *5 First National Bank Uniform Expenses 18236 $268.02 United Site Services Sanitation Services-Mindego Gateway Archaeology Project 18237 $264.00 Ergovera Ergonomic Evaluation&Report 18238 $261.16 Powerland Equipment Repairs&Maintenance-Mower Parts 18239 $256.50 Tyco Integrated Security Alarm Service-SFO 18240 $245.00 *15 Andie And Jim Carter Reimbursement-Slender False Brome Treatment 18241 $236.26 California Water Service Company Water Service-AO/Windy Hill 18242 $235.18 *16 Wright Express Fuel 18243 $215.36 Hopkins Technical Products,Inc Water System Repair&Parts-SFO 18244 $205.35 Gartside,Ellen Reimbursement-Mileage 18245 $198.16 Green Waste Garbage Service-SFO 18246 $195.06 Carlson,Kerry Reimbursement-Uniform Expense 18247 $194.89 Del Rey Building Maintenance Janitorial Supplies-AO 18248 $194.19 Hammond,Tracy Reimbursement-Uniform Expenses Page 3 of 6 L Claims No. 12-15 Meeting 12-19 Date 8/22/12 Revised Open Mid peninsula Regional O Space District P 9 P P # Amount Name Description 18249 $170.00 Bay Area Air Quality Management Fuel Tank Permit-FFO 18250 $170.00 17 Bay Area Air Quality Management Fuel Tank Permit-SFO 18251 $158.85 Cabala's Uniform Expenses 18252 $144.00 Davison,Steve Reimbursement-Tuition 18253 $141.93 Ison,Gloria Reimbursement-Office Supplies 18254 $125.00 Santa Clara County Emergency Annual Membership Managers Association 18255 $121.26 Protection One Fire System Alarm Inspection&Monitoring-AO 18256 $120.00 Greeninfo Network Web Development Work For The Preserve Finder 18257 $117.12 ## United Site Services Sanitation Services For Crew Doing Work At The Hawthorn Property 18258 $110.31 Mission Trail Waste Systems Garbage Service-AO 18259 $110.00 Sunnyvale Ford Vehicle Maintenance&Repairs 18260 $109.38 Fitzsimons,Renee Reimbursement-Docent Supplies/Food For Twix/Supplies For Summer Nature Days Event/Docent Training Supplies 18261 $109.00 Coastal Sierra Internet Service-SFO 18262 $103.97 Parry,Rick Reimbursement-Uniform Expense 18263 $100.00 Half Moon Bay Review Legal Advertisement-Notice Of Intent To Adopt A Mitigated Negative Declaration For La Honda Creek Master Plan 18264 $100.00 County Of San Mateo Human Training Courses-Excel 2003/2010 Calculations Resources Department 18265 $100.00 Laustsen,Gretchen Reimbursement-Additional Cost For Mt.Umunhum Puplic Meeting 18266 $89.68 Allied Waste Services Garbage Service-Rental Residence 18267 $80.00 Hooper,Stan Reimbursement-Cell Phone 18268 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 18269 $70.88 Life Assist Oxygen Tank Carrying Bag 18270 $59.93 Grainger Grab Handles For Truck Boxes 18271 $37.84 Trout Bach,Rebecca Reimbursement-Steering Wheel Covers For Patrol Trucks 18272 $34.26 `5 First National Bank Out Of Town Business Meetings-Parking&Lunch For Municipal Attorneys Meeting 18273 $31.08 FedEx Shipping Charges 18274 $30.33 Villarreal,Jaime Reimbursement-Uniform Expense 18275 $29.26 Heimer,Dennis Reimbursement-Uniform Expense 18276 $28.13 Tooland Small Tools-Drill Bit 18277 $21.40 Recognition Specialties Name Badges For Staff 18278 $17.01 Moore Medical First Aid Supplies 18279 $14.28 United Parcel Service Parcel Shipping 18280 $12.99 '5 First National Bank Vehicle Maintenance&Supplies-Car Wash 18281 $6.99 Barron Park Supply Plumbing Supplies For FFO 18282 $5.40 Robert's Hardware Batteries 18283 R $5,491.88 Pape'Machinery Dozer Rental For Road Work At Sierra Azul 18284 R $4,400.00 The Creative Group Temporary Media Communications Specialist 18285 R $4,386.60 *18 Patsons Media Group Postage Cost For Annual Report&Fall Newsletter Mailing 18286 R $3,200.00 Biological Control Of Weeds Weevils For Weed Control 18287 R $2,967.05 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring&Nest Surveys 18288 R $2,898.84 Ron's Transmission Vehicle Repairs&Service 18289 R $2,199.33 Langley Hill Quarry Rock For Road Surface Maintenance At Windy Hill&Purisima Creek Redwoods 18290 R $2,000.00 Portola Park Heights Property Owner's Portola Heights Annual Road Dues-Four Parcels Association 18291 R $1,961.39 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum Page 4 of 6 i Claims No. 12-15 j Meeting 12-19 Date 8/22/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18292 R $1,744.50 *19 San Mateo County Planning&Building General Plan Conformity Fee For POST Toto Ranch Department 18293 R $1,645.00 Michael Dempsey Reimbursement-Slender False Brome Treatment 18294 R $1,484.39 CMK Automotive Vehicle Maintenance&Repairs 18295 R $1,164.71 The Mercury News Legal Advertisement-Notice Of Elections 18296 R $1,050.54 Tadco Supply Janitorial Supplies 18297 R $1,050.00 Hans Luemers Reimbursement-Slender False Brome Treatment 18298 R $875.00 Weed Wrench Company Weed Wrenches 18299 R $805.00 Ann McCarthy Reimbursement-Slender False Brome Treatment 18300 R $700.00 David Gluss Reimbursement-Slender False Brome Treatment 18301 R $700.00 Julie White Reimbursement-Slender False Brome Treatment 18302 R $601.11 San Jose Water Company Water Service-RSA 18303 R $597.50 Overhead Door Company Service For FFO Shop Door&Garage Doors At Annex 18304 R $595.00 Kim Hamrick Reimbursement-Slender False Brome Treatment 18305 R $595.00 Misha Merrill Reimbursement-Slender False Brome Treatment 18306 R $550.28 United Site Services Sanitation Services-Sierra Azul&Fremont Older 18307 R $483.95 Petty Cash Mileage/Car Wash/Parking Fees/Business Related Meals/ Office Supplies/Twix Supplies/Field Supplies/Volunteer Supplies 18308 R $480.00 Butano Geotechnical Engineering Silva Driveway Geotechnical Drawings&Report 18309 R $473.69 Tires On The Go Tires 18310 R $468.26 Gardenland Power Equipment Field Supplies/Parts For Polesaw/Chain Saw Supplies/Fuel Tank For Brushcutter 18311 R $455.00 Doug Campbell Reimbursement-Slender False Brome Treatment 18312 R $455.00 Mary Zvirbilis Reimbursement-Slender False Brome Treatment 18313 R $379.23 Recology South Bay Dumpster Service-FFO 18314 R $367.39 Madco Welding Supplies 18315 R $350.00 Achim Moesta Reimbursement-Slender False Brome Treatment 18316 R $300.00 Lori Mann Docent Enrichment Training 18317 R $279.79 California Water Service Company Water Service-FFO 18318 R $270.93 Cabala's Waders For Pond Management 18319 R $229.90 Villarreal,Jaime Reimbursement-Uniform Expenses 18320 R $220.50 Pine Cone Lumber Field Supplies-FFO 18321 R $175.00 Nancy Serrurier Reimbursement-Slender False Brome Treatment 18322 R $175.00 Bruce Noble Reimbursement-Slender False Brome Treatment 18323 R $138.11 Peterson Tractor Company Service&Repair For Tractor 18324 R $124.60 Hammond,Tracy Reimbursement-Uniform Expense 18325 R $114.57 Mission Trail Waste Systems Garbage Service-AO 18326 R $91.91 Paterson,Loro Reimbursement-Uniform Expenses 18327 R $91.80 West Payment Center Monthly Subscription For Online Legal Information 18328 R $81.94 Heimer,Dennis Reimbursement-Uniform Expenses 18329 R $70.24 West Valley Collection Garbage Service-SAO 18330 R $69.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 18331 R $65,47 Waste Management Of Guadalupe Dumping Fees-SAO Disposal Company 18332 R $60.65 McKibbin,Brannon Reimbursement-Uniform Expenses 18333 R $60.45 Grainger Tools&Supplies For Maintenance Trucks 18334 R $27.85 Barron Park Supply Field Supplies-Deer Hollow Farm 18335 R $26.25 Rayne Of San Jose Water Service-Fremont Older 18336 R $13.32 United Parcel Service Parcel Shipping 18337 R $9.01 Kwik Key Lock&Safe Company Keys For Rental Residences Page 5 of 6 I FF- Claims No. 12-15 Meeting 12-19 Date 8122/12 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $643,870.05 *1 Urgent check issued 7/26/12 *2 Urgent check issued 7/26/12 *3 Urgent check issued 7/26/12 *4 Urgent check issued 08/17/12 *5 Urgent check issued 8/2/12 The total amount for First National Bank is$9,486.96 *6 Urgent check issued 8/8/12 *7 Urgent check issued 7/31/12 *8 Urgent check issued 8/14112 *9 Urgent check issued 8/8/12 *10 Urgent check issued 8/10/12 *11 Urgent check issued 8/16/12 *12 Urgent check issued 8/3/12 *13 Urgent check issued 8114/12 *14 Urgent check issued 8/10/12 *15 Urgent check issued 8/14/12 *16 Urgent check issued 8/3/12 *17 Urgent check issued 8/14/12 *18 Urgent check issued 8/21/12 *19 Urgent check issued 8/17/12 ## Hawthorn expenses Page 6 of 6 I I Midpeninsula Regional O ' Open Space District f To: Board of Directors From: Stephen E. Abbors ,,,A Date: August 22, 2012 Re: Written Communications Michelle Radcliffe From: fgeefay@yahoo.com Sent: Thursday, July 26, 2012 2:06 PM To: BOARD; Clerk; Vicky Gou; General Information Subject: 07/26/2012 -fgeefay@yahoo.com -Contact Board First Name: Frank Last Name: Geefay Email Address: fgeefay@yahoo.com Ward /Location: Cupertino, CA Comments: Lehigh Reclamation Plan Amendment Appeal- Board decision Dear MROSD Board members, I was disappointed to hear that the Board has decided to negotiate further with the County regarding the Lehigh Quarry Reclamation Plan Amendment appeal you submitted to them rather than undertake immediate legal recourse. It is abundantly clear that the County Board of Supervisors are very sympathetic with the Lehigh Cement Company located next the city of Cupertino. There is a long standing history of this relationship going back to 2005 when local residents complained repeated about illegal dumping of overburden resulting in the eventual issuance of a Notice of Violation by the County on April 14, 2006. But no further actions were taken by the County. This condition got progressively worst when the East Material Storage Area(EMSA-conveniently named by Lehigh) started to become a huge mountain. Alarmed residents again contacted the County on numerous occasions and on June 20, 2008 the County finally issued a follow-up Notice of Violation specifically calling out the illegal dumping of overburden in the EMSA. Again there was no attempt by Lehigh to take further actions or to amend the Reclamation Plan in spite of outraged residents continued complaints and of alarm to the County. Then around 2010 Lehigh indicated to the County that they needed to expand their mining operations and dig another 200 acre mine south of the current quarry so a Reclamation Plan was finally initiated. On February 8, 2011 the County Board of Supervisors unanimously granted Vested Right of the EMSA to Lehigh against their own staffs recommendation as well as other illegally disturbed areas. The County also gave Lehigh an old county road that ran through the quarry along Permanente Creek without cost or objection to make legal issues less complicated. This removed the need for Lehigh to apply for a use permit for the EMSA and cleared the way for them to more easily do a Reclamation Plan Amendment. But progress was slow until on August 20, 2011 the Office of Mine Reclamation threatened to impose AB 3098 to take Lehigh off the list of government used vendors for lack of a valid Reclamation Plan. Lehigh filed a lawsuit to temporarily restrain AB 3098 from taking effect and quickly asked the County to expedite the Reclamation Plan. When it became clear that the proposed 200 acre new mine would slow down the process they (a County BOS) suggested to Lehigh to remove it from the Reclamation Plan and Lehigh gave the County additional money to focus more resources on speeding up the approval process for the Reclamation Plan Amendment. The Amendment was quickly approved by the County Board of Supervisors with little discussion on June 7, 2012. Appeals were submitted by Lehigh, MROSD, and other citizens and citizens groups. The County Board of Supervisors quickly approved Lehigh's appeals with little discusson and ignored all other appeals including MROSD's on June 26, 2012. This short history lesson on the relationship between Lehigh and the County clearly illustrates the County Board of Supervisor's very strong bias toward Lehigh Cement and Quarry. They even overrode their own staffs recommendations. It is abundantly clear that their interests lie with Leigh Cement to the exclusion of the health and welfare of nearby residents and the adjacent lands and environment. It is clear that they do not have your interest at heart. This summary shows that you will come out the looser in any negotiation you may have with either Lehigh Cement and Quarry or the County Board of Supervisors. It is clear that they will attempt to find ways to discourage you from taking any legal actions against them. It is equally clear that you have a responsibility to protect the lands under you care to the fullest extent of your rights and the 1 law. It is clear that you have a charter to keep the open spaces safe for your hundreds of employees, for the tens of thousands of visitors that believe that the open spaces are clear of pollution, dust, and potentially toxic chemicals running from Lehigh into your streams and lands. It is clear that you have a duty to protect and preserve the natural appearance of the open spaces and the vegetation and wildlife that coexists on the lands you purchased in order to preserve and protect. It is clear that if you end up doing noting that the items in your appeal to the County will likely remain unresolved far beyond your service to MROSD, even beyond your lifespan for many generations yet to come to enjoy what you worked so hard to preserve for their appreciation. If you do nothing, this problem will become harder if not impossible for your predecessors to correct. You owe no such allegiance to the current County Board of Supervisors. The District 5 supervisor will term out next year so your history with the new one will start afresh. Do not be intimidated by the current supervisor. You are in the right and they clearly in the wrong. Do what is under your responsibility: to protect our open spaces and all the visitors, employees, and inhabitants of these very precious lands that you have sworn to protect and defend. If you don't then who will? z J DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr Geefay, On behalf of the Board of Directors for Midpeninsula Regional Open Space District, I want to let you know how much we greatly appreciate your continued engagement with the District on our work to address impacts from the Lehigh Quarry. In particular, the history of the County's and Lehigh Cement's actions over the last seven years that you outline was indeed alarming. We believe that it may be possible for us to obtain better results through negotiations rather than through litigation. For this reason, we are going to work cooperatively to explore the options available to address our concerns. If we are unable to reach agreement on steps that can be taken to address our concerns, then a legal challenge is still available to us and the Board has authorized our staff to proceed. These are indeed complicated issues that we need to discuss with the County and Lehigh Cement and we're hopeful that we can work together to arrive at an agreement. Sincerely, Curt Riffle, Board President i Midpeninsula Regional Open Space District R-12-82 Meeting 12-29 August 22, 2012 AGENDA ITEM 4 AGENDA ITEM Consider Approval of a Lease Amendment for the Historic Fremont Older Residence with Morton and Elaine Levine at the Fremont Older Open Space Preserve and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set forth in this report. 2. Authorize the President of the Board of Directors to execute the Residential Lease Amendment with Morton and Elaine Levine. SUMMARY The Midpeninsula Regional Open Space District(District)proposes to amend the lease for the Historic Fremont Older Residence with Mort and Elaine Levine to extend their lease term for an additional five years with one option for an addition five year term,adjust the rental rate from $1,450 to $1,550 per month, and the continued responsibility of maintaining the historic structures and grounds. Since 1977,the Levines have restored and maintained this historic property and helped conduct annual public tours of this property. The following report provides background information and the proposed lease amendment. DISCUSSION At its meeting in September 1977, the District entered into a 25-year lease with Morton and Elaine Levine for a 1.6-acre area of the former Fremont Older property, which included the main residence and landscaped gardens(see Report R-77-40). This lease arrangement expired on August 31, 2002, and the Levines remained as holdover tenants while staff prepared a new lease. The original lease was entered into for the purpose of restoring the historic structures and gardens in lieu of rent. The historic residence was originally built in 1911 for Fremont Older, a San Francisco newspaper editor, and his wife Cora, a California historian. Prior to entering into 4 R-12-82 Page 2 the 25-year lease agreement with the Levines, the District was prepared to demolish the main residence structure, which was badly deteriorated and uninhabitable. The Fremont Older Ranch House Committee approved the historical restoration in October 1979 (see memorandum dated October 18, 1979). During the initial two years of the lease, the Levines restored the main residence and gardens at a cost of$350,000, and the house and gardens were put on the National Historic Register. Over the years, the original lease was amended on several occasions(August 1978, and January 1987). The 1987 lease amendment provided for the addition of approximately 0.4-acres, including the Adobe residence that had been used originally as a pool house(in 1977, the District restored the pool house and filled in the badly damaged swimming pool). Including the land from the 1987 lease amendment, the lease area consists of approximately two-acres. On November 13, 2002,the District Board approved a new five-year lease with one five-year option with Morton and Elaine Levine for the former Fremont Older property, which included the main residence, landscaped gardens and the adobe residence(see Report R-02-121). The Levines exercised the five-year option, therefore the current lease will terminate on August 31, 2012. In addition to the initial $350,000 investment made by the Levines in 1978-1979 to restore the main residence and gardens, they estimate they have spent an additional $461,143 ($131,143 over the last ten years) for the ongoing maintenance and repair of the structures and grounds. Over the last ten years,the maintenance and repairs have included a new roof and windows for the main residence, an improved water system that serves the Fremont Older residences and the nearby District employee residence, repainting the exterior of the main residence, significant p p g p Y p porch repairs and significant septic stem repairs for the Adobe residence. Since the completion of the initial restoration work in the late 1970s, the District has conducted annual public tours f h i o the historic residence and garden each spring. i p g I Because the Levines have been excellent stewards and tenants of the historic Fremont Older residence and premises, staff is recommending extending the term of the existing lease for five i years with one five-year option to extend the term, for a total of ten additional years on top of the original ten-year ar lease. The District's enabling legislation islation allows lease of District-owned property for up to twenty-five(25) years. The proposed lease amendment also calls for maintaining the below market rental rate in exchange for the ongoing repair and maintenance work needed to keep the premises in a first class condition. Further details of the lease amendment are discussed in the terms and conditions section of the report. USE AND MANAGEMENT PLAN This lease amendment is consistent with the Use and Management Plan for the Fremont Older Open Space Preserve. CEQA COMPLIANCE R-12-82 Page 3 Project Description The proposed project consists of a lease amendment for existing public structures to extend the lease duration for up to ten years and the associated ongoing repair and maintenance, involving no expansion of use. CEQA Determination The District concludes that this project will not have'a significant effect on the environment. The project is categorically exempt from CEQA under Article 19, Section 15301,of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, restoration, 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. The lease specifies the property will be operated and maintained in the current, condition and there will be no expansion of use. The project is also exempt under 15061(b)(3), as there is no possibility the actions can have a significant effect on the environment. TERMS AND CONDITIONS I ' Staff proposes a lease amendment with the Levines to extend the lease term and adjust the rental rate. The current lease terms and proposed lease terms are explained below: I � The following list represents some of the key provisions under the existing 2002 lease I agreement: 1. The lease term is from September 1, 2002,to August 31, 2012 (included five-year option). 2. The initial rental rate was$650 per month plus$500 per month for the adobe(for a total of$1,150) and it was increased to$1,450 per month when the five-year option was exercised in 2007. 3. The Levines were required to conduct the following improvement projects prior to October 15 2005: Fremont Older Residence: roof replacement, significant repair offron t porch and decking,painting of all exterior surfaces. Adobe: repair or replace septic system. 4. The District agreed to be responsible for 25%of the capital costs concerning the water system as the system also serves the Fremont Older employee residence. 5. The Levines are responsible for maintaining and repairing the extensive landscaping and gardens on-site. I 6. The lease allows for a sub-tenancy agreement for the one bedroom Adobe residence. 7. In the event that unexpected major repairs or replacements are needed during the lease term, the District and Tenant agree to evaluate the cost of any such repairs or replacements in relation to the rental amount and to adjust such rental amounts as may be appropriate. I I I R-12-82 Page 4 8. The lease allows the District to conduct up to three open house tours the historic residence each year. The proposed lease amendment provides for the continued repair and maintenance of the structures, gardens and grounds during the extended term of the lease. The amendment includes the following changes to the existing 2002 lease agreement: 1. The lease term shall be extended for an additional five years from September 1, 2012, to August 31, 2017 with one five-year option to extend the term. 2. The rental rate shall be increased from$1,450 per month to$1,550 per month for the initial term. The rental rate has taken into account the ongoing repair and maintenance costs needed to maintain the historic premises in a first class condition. 3. The rental rate under the five-year option term shall remain flat at $1,550 per month. 4. The noticing section of the lease shall be updated regarding District contact information. The flat rental rate during the five-year extension and five-year option takes into consideration the Levines' 35-year commitment to restore and maintain the historic Fremont Older residence, train docents and conduct annual public tours of the historic structures and grounds. All other terms and conditions of the 2002 lease shall remain in full force and effect. BOARD COMMITTEE REVIEW Committee review of this item is not needed. FISCAL IMPACT As the Levines are responsible for general maintenance and repair obligations under the lease, the District should only incur costs associated with any defensible space requirements. Over the five-year lease term, the District will receive up to $93,000 in rental payments and up to an additional $93,000 for a total of$186,000 if the five-year option is exercised. The numbers represent the maximum rental income to the District assuming that there are no unexpected capital improvements needed for the premises as the Levines may be granted a rental credit to help off-set significant capital costs. PUBLIC NOTICE Public notice was also provided as required by the Brown Act. NEXT STEPS Upon approval by the Board of Directors, staff will execute the lease amendment. Attachments: 1. Resolution 2. Map R-12-82 Page 5 Responsible Department Manager: Mike Williams, Real Property Manager Prepared by: Allen Ishibashi, Real Property Specialist Contact person: Same as above Graphics prepared by: Alex Roa,GIS Technician Attachment I RESOLUTION NO. 12-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING LEASE AMENDMENT WITH MORTON AND ELAINE LEVINE FOR THE HISTORIC FREMONT OLDER RESIDENCE (FREMONT OLDER OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve: Section One. The District may,under the provisions of Section 5540 and 5563 of the Public Resources Code, lease property owned by the District for up to twenty-five(25)years, and the Board of Directors hereby finds that the proposed lease premises located in the Fremont Older Open Space Preserve remains presently unnecessary for open space purposes and that continuation of the lease for historical preservation is in the best interests of the public. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District approves the Lease Amendment between Midpeninsula Regional Open Space District and Morton and Elaine Levine and does hereby authorize the President, General Manager or other appropriate officers to execute said Lease Amendment on behalf of the District. Section Three. The General Manager or the General Manager's designee is hereby authorized to negotiate and approve the exercise of the subsequent five-year lease option as set forth in the Lease Amendment. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the completion of such transactions. Ran ho-San Antonio OSP 85 Cupertino .P re ont O[ at Open S e s�Ste m' '� Prese Frem n ! r - Area of Detai l ' Pe chetti it i k t ' Fremont _ . Older ; ► House t 3 II d Lq Y ct MP Yee QUO qQ '> Residence v Lease Area for Historic Fremont Older Residence Midpeninsula Regional Lease Area Open Space District - (2 Acres +i 0 Water System (MROSD) Fremont Oder August, 2012 Open Space Preserve Structures e Feet August, 50 100 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. 7-'jfy I Midpeninsula Regional ' Open Space District R-12-85 Meeting 12-29 August 22, 2012 AGENDA ITEM 5 AGENDA ITEM Issuance of Owner's Letter of Concurrence for Peninsula Open Space Trust to Construct the Audrey C. Rust Commemorative Site at Russian Ridge Open Space Preserve LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE RECOMMENDATIONS 1. Authorize the General Manager to issue an Owner's Letter of Concurrence to San.Mateo Count to allow Peninsula Open Space Trust to construct the Audrey C. Rust Y p p Y Commemorative Site as part of the Mindego Gateway at Russian Ridge Open Space Preserve. 2. Authorize the General Manager to issue a Permit to Enter to Peninsula Open Space Trust g p p (POST) and its authorized agents for construction of the Audrey C. Rust Commemorative Site as part of the Mindego Gateway at Russian Ridge Open Space Preserve. erve. SUMMARY POST is seeking an Owner's Letter of Concurrence from the Midpeninsula Regional Open Space District (District) to facilitate the timely receipt of San Mateo County permits and subsequent construction of the Audrey C. Rust Commemorative Site (Commemorative Site), to be located at the Mindego Gateway of Russian Ridge Open Space Preserve(Preserve). The Mindego Gateway Project(Project), a partnership between the District and POST, will ultimately provide public access to the Mindego Hill area of the Preserve. The Commemorative Site honoring the work of former POST president Audrey C. Rust is planned to be constructed in September/October 2012. Other features of the Mindego Gateway Project, including a new staging area and trails, will be completed in 2013. Staff has concluded, based on the environmental review, that the project will have no significant effect on the environment as mitigated. DISCUSSION On June 13, 2012, the Board took action on three items relating to the Mindego Gateway Project: 1) adoption of the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program (MMP) in accordance with the California Environmental Quality Act (CEQA); 2) approval of an amendment to the Use and Management Plan for Russian Ridge Open Space Preserve to construct a commemorative site, a 20-stall paved parking lot, a multi-use trail connecting the staging area to the Ancient Oaks Trail, and a hiking/equestrian trail to the peak of Mindego Hill, and approval to close a section of Mindego Ridge Trail to bicycles; and 3) authorized the General Manager to approve amendments to the Williamson Act Contracts pertaining to the R-12-85 Page 2 parcels,arcels as well as future Williamson Act contract amendments possible ossible and needed J to allow open space uses and supporting facilities that are compatible with agricultural operations.(see Report R-12-37). During summer 2011, the District Board approved the Mindego Gateway Project as a new Key Project(Report R-11-82), approved the design guidelines for the Audrey C. Rust Commemorative Site(to be designed and constructed by POST) (Report R-11-76), and authorized contracts with consultants to plan and design the staging area and trail connections and complete the CEQA documentation(Reports R-I 1-82, 86, and 87). A Letter of Concurrence is required by San Mateo County as part of the Commemorative Site grading and building permit approval process for projects where the party acquiring permits is not the landowner. Through the letter of concurrence, the District acknowledges that POST can acquire permits to complete the Commemorative Site at the former Silva property, within the Mindego area of the Preserve. FISCAL IMPACT POST's construction of the Commemorative Site will not result in any direct fiscal impacts to the District. Per the purchase agreement for the POST (Silva) property, "If such rights (to develop a recognition site for Audrey Rust on the property) are exercised by POST, any and all costs associated with the design, planning, permits, construction, installation, repair, maintenance, and replacement of such Recognition Site shall be borne by POST." BOARD COMMITTEE REVIEW The Legislative, Funding, and Public Affairs Committee has reviewed and accepted the final Commemorative Site design, which aligns with the Board-approved design guidelines, as well as the Commemorative site signage design and content. PUBLIC NOTICE Public notice was provided as required by the Brown Act. POST was also notified of this item. CEQA COMPLIANCE The Commemorative Site is a component of the Mindego Gateway Project at Russian Ridge Open Space Preserve. The Project Mitigated Negative Declaration and Mitigation Monitoring Program, completed in accordance with the California Environmental Quality Act(CEQA), was approved by the Board in June 2012. NEXT STEPS If authorized by the Board, the General Manager will issue an Owner's Letter of Concurrence to San Mateo County on August 28, 2012. POST will then complete the permitting process with the County of San Mateo, which includes issuance of the grading and building permits. Issuance of County permits is contingent upon a separate,but related County Board of Supervisors' approval of a Williamson Act Amendment to the existing contract that affects the former Silva property to allow open space uses. The Williamson Act Amendment is scheduled to go before R-12-85 Page 3 the County Board of Supervisors on September 11 2012. The District will continue to work with POST to prepare for the construction phase of the project, which is anticipated to begin in September 2012 and end by October 15, 2012. If approval of the Williamson Act amendment is POST i unable t obtain permits, construction of the project may also be delayed delayed, or OS s o o p p � y y until the 2013 construction season. Responsible Department Manager: Ana Ruiz, Planning Manager er Prepared by: Gina Coony, Project Manager Contact person: Gina Coony, Project Manager Midpeninsula Regional Open Space District R-12-87 Meeting 12-29 August 22, 2012 AGENDA ITEM 6 AGENDA ITEM Authorization to Award a Contract with TKO General Engineering and Construction Inc., (TKO) for the Ponds DR07 and DR08 Repair Project at La Honda Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a contract with TKO for a not-to-exceed amount of $77,340,which includes a bid amount of$64,450 plus a 20%contingency of$12,890, for the Ponds DR07 and DR08 Repair Project at La Honda Creek Open Space Preserve. SUMMARY The Request for Bids for the Ponds DR07 and DR08 Repair Project was originally released on May 30, 2012. On July 25, 2012 (see Report R-12-76),the District Board of Directors directed staff to reject all bids originally received on July 6, 2012 due to an inadvertent error that occurred in the bidding process prior to the original bid opening. Rejection of all bids resulted in the need to re-bid the project. The District completed the re-bid process on Thursday August 16, 2012 with TKO as the apparent low bidder. DISCUSSION Project Background The Ponds DR07 and DR08 Repair Project is located in the former Wool Ranch area of the La Honda Creek Open Space Preserve(Preserve),northwest of the Town of La Honda, adjacent to an unpaved ranch road. The project's objective is to restore the integrity of two important wetland features that provide important aquatic habitat for the federally-listed California red- legged frog(CRLF), and improve water quality while providing year-round stock water access for the onsite cattle operation. The goal of the Project is to re-contour pond basins, rebuild failed or failing earthen berms, and install vegetation-lined earthern spillways to effectively convey stormwater while improving ponding duration for both the CRLF and livestock managed by an existing leaseholder. Additional project components include removing invasive and non-native vegetation, installing cattle exclusion fencing, installing an alternate watering source(trough), and preventing erosion and downstream sedimentation. The need to repair Ponds DR07 and DR08 was first identified in the Pond Management Plan prepared by Vollmar Consulting in 2009 for the former Wool Ranch portion of La Honda Creek 1 R-12-87 Page 2 Open Space Preserve. Restoration of these two ponds was identified as a high priority implementation item based on water actively flowing across and through the earthen berms. The two ponds are compromised by either early drying (Pond DR08)or sedimentation and choking by invasive wetland vegetation(Pond DR07), which impact CRLF breeding opportunities. Project construction is scheduled for completion in October 2012. Contractor Selection The re-released bid package was sent to the five(5)contractors who previously bid the project on Friday, July 6, 2012, as well as re-released to five(5)builders' exchanges. A legal notice was also posted in the Half Moon Bay Review and San Mateo County Times, and an Invitation to Bid was posted on the District website. A second pre-bid meeting was held on August 6, 2012. Prospective bidders who attended the first pre-bid tour held for this project on Friday June 8, 2012, were not required to attend the August 6, 2012 meeting. All information resulting from the August 6, 2012,pre-bid tour was furnished to all firms that previously submitted a bid for the project in an Addendum issued for the project on August 10, 2012. All firms that previously submitted bids were encouraged to re-submit bids for the project. Sealed bids were due on August 16, 2012, and four(4)bids were received as shown below, with TKO announced as the apparent low bidder: Percent Difference from Total Bidder Location Cost Estimate of Bid $100,000 1. TKO General Engineering and Woodside, CA -36% $64,450 Construction Inc. 2. Gecko Golf Construction Inc. San Ramon, CA $78,000 -22% 3. Redwood Construction and Redwood City, $89,875 -10% Equipment, Inc. CA 4. Applied Water Resources Santa Clara, CA $94,730 -5% 1 Evaluation of the bids revealed that the apparent low bidder,TKO presented a complete and responsive bid package. Therefore, staff recommends awarding the contract for pond repair services to TKO for a total not-to-exceed amount of$77,340, which includes a bid amount of $64, 450 plus a 20% contingency amount of$12,890. This amount is within the FY2012-13 Natural Resources Department budget of$100,000 for implementation of this Project. It is impossible to predict belowground conditions at the start of any construction project; however, this project carries an even greater risk of encountering unanticipated conditions than normal. These berms were originally installed by ranch staff using any and all available materials. When repairing these types of berms, it is not unusual to encounter unstable fill, such as old car bodies, cow carcasses, old fence posts, or other miscellaneous ranch materials. Any unstable materials found would need to be safely removed and replaced with engineered fill to rebuild the berm. To streamline the construction process and ensure the project moves forward in a timely manner for completion this construction season, a 20% contingency amount is requested for this Project due to the unique conditions that may be encountered when rebuilding q J q Y g the two earthen berms. Additional costs that may need to be covered due to unanticipated materials include: additional grading, excavation, and compaction to rebuild a larger than anticipated portion of the berm, as well as the disposal of materials. The two berms are also located directly within drainages that convey water during all or much of the year. Once digging R-12-87 Page 3 begins, water logged or sandy soils may be encountered, indicating a potential structural issue and the need to replace a larger than anticipated section of berm. Although soil borings have been conducted at both sites, these only present a small sampling of the entire berm. FISCAL IMPACT In March of 2012, the District's Board of Directors approved the FY2012-13 Natural Resources Department budget, which included$100,000 for this project. BOARD COMMITTEE REVIEW No Board Committee review is required for this project. PUBLIC NOTICE Public notice for the award of bid was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Awarding the bid and issuing a contract agreement for construction services for the Ponds DR07 and DR08 Repair Project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Plan for Implementation of the Pond Management Plan that was approved by the Board on March 14, 2012 (see Report R-12-33). NEXT STEPS If approved by the Board, the General Manager will be authorized to enter into a contract with TKO to perform construction services for the Ponds DR07 and DR08 Repair Project. Final contract signature is subject to meeting all District requirements such as having all required insurance and bonding in place. Once paperwork and contract signatures are in place, the project is scheduled to begin in September and be completed by October 2012. Responsible Department Manager: Kirk Lenington,Natural Resources Manager Prepared by: Julie Andersen, Planner 11 Contact person: Same as above IMidpeninsula Regional Open Space District R-12-83 Meeting 12-29 August 22, 2012 AGENDA ITEM 7 AGENDA ITEM Consideration of Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Proposed La Honda Creek Open Space Preserve Master Plan(Master Plan), in Accordance with the California Environmental Quality Act, and Final Master Plan Approval GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program for the Proposed La Honda Creek Open Space Preserve Master Plan, in accordance with the California Environmental Quality Act (CEQA), as set out in the Resolution attached to this report. 2. Approve the La Honda Creek Open Space Preserve Master Plan. SUMMARY The proposed La Honda Creek Open Space Preserve Master Plan (Master Plan) would implement land stewardship and public access actions, including creating over 25 miles of new trail, restoring habitat for threatened and endangered species, reducing wildfire risk, and over the next thirty ears. An Initial Stud reintroducing grazing to historic pastureland, o e y y y and Mitigated Negative Declaration (IS/MND) was prepared and circulated for 30 days pursuant to CEQA. The IS/MND concluded that the proposed Master Plan, with mitigation, would not result in significant impacts on the environment. I DISCUSSION La Honda Creek Open Space Preserve (Preserve) is located on the western slope of the Santa Cruz Mountains within unincorporated San Mateo County near the communities of Woodside and La Honda (see Attachment A, Preserve Map). The Preserve comprises over 5,700 acres acres of grassland and redwood/Douglas fir forest, three major creeks, numerous ponds and springs, historic structures, and a 3,682-acre working cattle ranch. Two federally-threatened species, steelhead trout and California red-legged frog, occur on the Preserve, and suitable habitat is present for the federally-endangered coho salmon, San Francisco garter snake, and marbled murrelet. The Preserve also represents a valuable recreational resource for residents of the adjacent community of La Honda, as well as an opportunity to educate visitors about traditional Coastside land uses. Currently the northern portion of the Preserve, which includes R-12-83 Page 2 3.7 miles of hiking-and-equestrian-only trail, is open to the public. The southern portion(former Driscoll Ranch)has remained closed since it was added to the Preserve in 2006 as the District's first landholding in the Coastal Protection Area. In 2004, a comprehensive planning process was initiated to enhance public access to the Preserve, ensure that this unique working landscape is effectively managed, and implement necessary resource management actions; the Master Plan is the result of this process. Key elements of the Master Plan are described below, followed by a summary of the input received from the La Honda Creek Master Plan Ad Hoc Committee and public. Due to its size, the Master Plan document is not provided as an attachment to this report but is available on the District website at www.openspace.orWplans projects/la honda creek.asp. The potential environmental impacts of the Master Plan were analyzed in an Initial Study and proposed Mitigated Negative Declaration (IS/MND). Conclusions of the IS/MND, including proposed mitigation measures, are discussed in the CEQA section of this report. Key Elements of the Master Plan Natural Resource Management La Honda Creek Open Space Preserve represents approximately 15 percent of the total acreage of the San Gregorio Creek watershed, a sediment impaired watershed. Proposed Resource Management actions include: improving roads and trails to reduce sedimentation into creeks; removing barriers to improve fish passage; improving ponds for sensitive aquatic species; expanding conservation grazing and implementing management actions to support viable agricultural operations; creating new fuel breaks; and designating Conservation Management Units to protect critical habitat areas. Cultural Resource Management The Preserve provides valuable opportunities to protect local cultural landmarks that represent and contribute to the rural way of life of the community of La p Y Y Honda and the San Mateo County coastside. Cultural resource management projects include: developing interpretive and picnic facilities in the Red Barn area; evaluating the Red Barn for nomination on historic registers; evaluating the historic significance of the White Barn and Redwood Cabin; and developing maintenance plans for historic structures. Public Access, Recreation, and Environmental Education The Master Plan retains the 3.7 miles of hiking and equestrian trails currently open to the public, and opens over 25 miles of new trail, including 9.3 miles of multi-use trail open to bicycles, and 16.7 miles of hiking and equestrian only trail (see Attachment B, Public Access Trails Map). Trails in the northern portion of the Preserve would also be opened to dogs on leash following the reintroduction of grazing to the area to facilitate effective integration of the two uses. This public access plan is the result of an in-depth process of extensive stakeholder input, habitat analysis, and consultation with regulatory experts (see Report R-09-105); however, due to the presence of special-status wildlife species on the Preserve, public access enhancements remain subject to resource agency approval. Additionally, the Master Plan also includes two interim parking areas to expedite public access, three new permanent parking lots over the life of the Master Plan, easy access trails, a new segment of the Bay Area Ridge Trail, interpretive signage, horse troughs, and picnic areas. Maintenance and Operations Maintenance and operational activities include: road and trail maintenance, fire and fuels management, land administration, and management of rental structures. Significant projects include: bridge assessment and repair/replacement for improved emergency access; installation of erosion-control structures at priority sedimentation sites; removal of abandoned roads; R-12-83 Page 3 vegetation management for wildfire ignition and fuel reduction; and demolition or removal of unoccupied, dilapidated structures. Amendments to existing Williamson Act contracts in the Red Barn area to permit recreational uses compatible with agriculture are also included in the Master Plan. Public Process The District has encouraged active public participation throughout the Master Plan process, soliciting input from agencies, environmental organizations, neighbors and potential trail users at public workshops and Board hearings, via phone interviews, and as part of focus group meetings. Major public input milestones are listed below. Workshop #1 - Existing Conditions November 3, 2004 Public land tour of upper La Honda Creek November 20, 2004 Initial stakeholder phone interviews November—December 2004 Workshop#2 - Issues and Opportunities December 6, 2004 Driscoll Ranch purchase October 2005—December 2006 Public land tours of Driscoll Ranch October 13 and 14, 2006 Additional stakeholder phone interviews November 2006 Workshop #3 - Driscoll Ranch Addition November 16, 2006 Stakeholder focus group meetings November 2006—February 2007 Preliminary Draft Plan recommendations March—December 2007 Existing Conditions Report revision July—September 2007 Open House December 4, 2007 Draft Plan document preparation January—October 2008 Final Draft Plan completed December 2008—March 2009 Draft Plan released for Board and Public Review April 13, 2009 1st Public Hearing: Receive Initial Public Comment May 19, 2009 2"d Public Hearing: Receive Additional Comments June 16, 2009 3`d Public Hearing: Tentative Master Plan Approval November 12, 2009 Mitigated Negative Declaration(CEQA doc) circulated July 2- August 1, 2012 41h Public Hearing: Master Plan Final Approval August 22, 2012 Public comments gathered at these workshops,meetings, and hearings are provided as Appendix B of the Master Plan. In general, comments centered on expanding bicycle and dog access on proposed Preserve trails. This input was discussed at length by the Ad Hoc Committee, which called for additional staff review of the preliminary trail use recommendations for the Preserve to determine whether additional trail use options could be considered that would not impact natural resources or conflict with grazing operations. In November 2009, the Board tentatively approved an expanded bicycle use option. Since that time, fiscal and staffing constraints and the need to shift workload to other high-priority public access projects have delayed completion of the environmental review process until recently. An analysis of the potential impacts of the proposed trail uses on sensitive wildlife, as well as other potential environmental impacts of the proposed Master Plan, is now concluded and is described in the CEQA Compliance section below. R-12-83 Page 4 Additional public comments regarding proposed trail uses, as well as other aspects of the proposed Master Plan, were received during the environmental review process and are included as Attachment C. CEQA COMPLIANCE An IS/MND was prepared for the Project(refer to Attachment D). The public comment period began on July 2, 2012, and ended on August 1, 2012. Since the public release of the IS/MND, several minor changes were made to the Master Plan. The first change was made in response to input from CALFIRE regarding the location of the proposed fuelbreaks. The following text change was made to page 87 of the Master Plan (str-ikeeut=removed text; underline--added text): Fire Containment Fire containment is facilitated through the modification of vegetation fuels to reduce the intensity of fires, should they occur, and to allow for improved firefighter access. Through implementation of fuel breaks and other fuel modifications, the Preserve can be compartmentalized to create opportunities to strategically manage and contain fire within sections of the Preserve. The District will work cooperatively with leading fire management agencies, including CALFIRE, to facilitate the creation and maintenance of the following new fuelbreaks (note that fuelbreak location is approximate and may change after further coordination under a cooperative agreement with CALFIRE): • Create a new fuelbreak that extends from the western boundary of the Preserve near the D'erassi property to the former Dyer Ranch J p p Y Y ar ea ea of northern La Honda Creek OSP. • Create a new shaded fuelbreak that extends from the former Dyer Ranch area(northern La Honda Creek OSP)to the former Weeks Ranch area(central La Honda Creek OSP). The text change above clarifies that the locations of the fuelbreaks, even though they are generally described, may change if the District establishes a new cooperative agreement with CALFIRE. The IS/MND evaluated impacts related to fuelbreaks at a programmatic level, meaning that if the specific location of a fuelbreak changes, the mitigation measures included in the IS/MND will still apply and will effectively reduce impacts to a less-than-significant level. The conclusions in the IS/MND are not altered due to this text change. Secondly, staff identified an inconsistency between the proposed Master Plan text and the recommendations from a wildland fire prevention expert received during the planning process. To bring the Master Plan text into consistency with the expert's recommendations, the following minor clarification has been made to page 88 of the proposed Master Plan: Wildfire Response Emergency Vehicle Access Reducing potential fire intensities near roads and driveways will provide firefighting vehicles, staff, and visitors safe passageways through the R-12-83 Page 5 I Preserve. Fuels will be maintained to reduce flame length to 2 feet along patrol and fesident feads fire response roads in the following areas: • Within 10 feet of the road edge where flames are predicted to be 0-8 feet in length(generally grassy locations and in oak woodlands) • Within 30 feet of the road edge where flames are predicted to be over 8 feet in length(generally brushy locations and where understory shrubs are developed in woodlands) Most of the main roads in the Preserve traverse grasslands, which are currently grazed or will be subject to renewed grazing during Phase I of Master Plan Implementation. The patrol and resident roads therefore do not require this level of vegetation clearing. Vegetation clearing related to fire abatement is an activity evaluated by the IS/MND; however, the IS/MND evaluated this impact at a programmatic level and did not evaluate specific widths of vegetation clearing in specific locations. Environmental Protection Guidelines incorporated into the Master Plan ensure that impacts to sensitive resources due to vegetation clearing are avoided. Therefore, the revised Master Plan text remains within the scope of the impacts evaluated and does not change the conclusions in the IS/MND. Finally, staff also initiated a revision to Master Plan Environmental Protection Guideline HAZ-6 (see Appendix C of the Master Plan). Close trail access points on all predicted high fire response level days (Burn Index of 41 or higher within the Coastal Protection Area, and during CALFIRE Red Flag Warnings in other areas) and post such closures on the District website. HAZ-6 directly incorporates Mitigation HAZ-2f of the San Mateo Coastal Annexation Since the release of the IS/MND for the proposed Master Plan Environmental Impact Report. S ce e s p p , staff noted that relying on a Burn Index of 41 or higher is not appropriate for determining closure of Preserve areas o that are outside of the Coastal Protection Area, and that closure during CALFIRE Red Flag Warnings is more appropriate for these areas. This is primarily due to differences in microclimates between coastal and more interior areas of the Santa Cruz Mountains. Inland areas are inherently hotter and drier, and days with burn indexes of 41 or higher occur frequently during the summer and fall months. This metric is therefore not appropriate for Preserve lands outside of the coastal zone. This minor change does not substantially alter the effectiveness of the Environmental Protection Guideline because it replaces the Burn Index on a portion of the Preserve with the conservative and widely recognized closure threshold known as the CALFIRE Red Flag Warning. Because the effectiveness of this Environmental Protection Guideline would not substantially change, this change does not alter the conclusion of the IS/MND prepared for the proposed Master Plan. This Guideline would be implemented by closing Preserve parking areas. Determination Mitigation measures incorporated into the proposed project reduce potential negative effects to air quality and biological resources to less-than-significant levels. These Mitigation Measures include dust control measures to be implemented during trail and facility construction, and preconstruction surveys and avoidance measures for special-status plants and wildlife. The proposed project will therefore not have a significant effect on the environment. R-12-83 Page 6 Public Review and Comments The District received one written comment letter and two comments via electronic mail regarding potential environmental impacts of the proposed Master Plan. As described above, additional comments received pertain to aspects of the Master Plan itself and are therefore not relevant to the CEQA process. Please see the attached comments and the District's Response to IS/MND Comments (refer to Attachment E). No changes to the IS/MND were required as a result of comments received. Mitigation Monitoring Program In accordance with CEQA, the District has prepared a Mitigation Monitoring Program, which describes project-specific mitigation measures and monitoring process (refer to Attachment F). The Mitigation Monitoring Program ensures that all adopted measures intended to mitigate potentially significant environmental impacts will be implemented. The Master Plan incorporates all of these mitigation measures. CEQA Findings The Board Findings required by CEQA to adopt the MND and the Mitigation Monitoring Program are set out in the attached Resolution(refer to Attachment G). Minor changes were made to the Master Plan regarding vegetation management practices for fire clearance and to clarify that potential fuelbreak locations will be determined as part of a cooperative agreement process with CALFIRE. 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. Therefore, staff recommends that the Board find that the environmental review for the La Honda Creek Open Space Preserve Master Plan is adequate. PUBLIC NOTICE A Notice of Intent to Adopt a Mitigated Negative Declaration was submitted to the State Clearinghouse of the Governor's Office of Planning and Research on July 2, 2012, stating that the public review period would start on July 2, 2012, and end on August 1, 2012. The Notice of Intent was submitted to the San Mateo County Clerk for posting and mailed to coastal agencies, interested parties, and property owners of land located adjacent to or within 300 feet of La Honda Creek Open Space Preserve. On July 5, 2012, the Notice of Intent was posted in the Half Moon Bay Review, a local weekly newspaper. The Notice of Intent, Mitigated Negative Declaration, and Initial Study, as well as the Master Plan, were made available for public review at the Districts Administrative Office, on the Districts website, and at the Woodside Library and the La Honda Post Office. Notices were also posted at main trailhead entrances to the Preserve. Property owners of land located adjacent to or within 300 feet of the Preserve, interested parties, and coastal agencies have been mailed written notices of this proposed approval of the Master inaddition lic noticing Plan. All legal notice requirements of CEQA have been met, to pub g requirements of the Brown Act. i I R-12-83 Page 7 FISCAL IMPACT The District intends to implement the Master Plan incrementally over the next thirty years. The Master Plan includes a Phasing Plan, which is intended to remain flexible, assigns relative priorities for each project and management action, and provides an implementation schedule in four phases. Capital costs to complete all Master Plan projects are estimated to be between $9.2 and $11.7 Million. When Master Plan project costs are considered in the context of total District operations, it is assumed that new funding sources, including grants and potentially a funding measure, will need to be secured before most elements of the Master Plan can be implemented. Funds for finalizing the Master Plan, including consultant fees, public meeting facility rentals, and public notification costs, were included in the Planning Department's FY2012-13 budget. $80,000 for Phase I implementation of the Master Plan is also included in the FY2012-13 budget. The FY2013-14 budget is expected to include $150,000 for Master Plan Projects. Total cost of Phase I Projects (to be initiated during Years 1-5) is estimated to range from $2.1 to $2.7 million. AD HOC COMMITTEE RECOMMENDATION The La Honda Creek Master Plan Ad Hoc Committee met on ten occasions to guide the planning process and development of final trail use recommendations. The most recent meeting of the Ad Hoc Committee was in October of 2009, at which time two public use options were forwarded to the full Board for consideration. The Board selected the expanded bicycle use option in November 2009, tentatively approving the Master Plan and initiating the environmental review process. NEXT STEPS If the Board approves the General Manager's recommendations, staff will file a Notice of Determination with the San Mateo County Clerk. Implementation of high priority actions, including actions to move forward with reintroducing grazing in the northern Preserve area, initiating the design of a new section of the La Honda Creek Loop trail, and installing Preserve and trail signage, will begin within the current Fiscal Year. Moreover,Natural Resource Department staff is currently seeking grant funding to implement priority erosion—control road improvements on existing ranch roads, including the Driscoll Ranch main access road. It is expected that ashort segment of trail within the sou thern portion of the Preserve could be opened to public use b summer 2015. Other actions will be implemented as additional funding is P Y p g I'll secured. Attachments: A. Preserve Map B. Public Access Trails Map C. Public Comments on the Master Plan D. Initial Study/Mitigated Negative Declaration E. Response to IS/MND Comments F. Mitigation Monitoring and Reporting Program G. Resolution: CEQA Findings R-12-83 Page 8 Responsible Department Manager: Ana M. Ruiz, AICP, Planning Manager I� Prepared by: Lisa Bankosh, Planner III Contact person: Same as above I Im tiLHOr; L . . � 35 _ 84 Area_of L Uetai t��(J .% 35 �. � mew f•y �`:: I • U —\ Djerassi " Resident ; Artists Windy E POST — — OSP — Conservation — 'i Easement ree ram'" Audubon C �(" a H07 �Ft: Society l^L C _ Rad • 'f/ _ ' * kedgate' ■ �e Ranch Former Driscoll Ro e POST ^ARpY ��j i Conservation Easement A� r 84 LlJJJgFP,117 12 Attachment A: Preserve Map M;dpeninsuta Regional MROSD Preserves Private Property Unpaved Open Space District Road (MROSD) Other Protected Open Space Developed Land or Park Lands -- Paved Road Land Trust. Non MROSD Conservation Major Road Other Public Agency EasementAugust, 2012 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 merety a graphic illustration of geographic features. �l I t•ea — Q1 Driscoll Ranch Main Access Road 5.6 _ Lood. O2 Easy Access Loop Trail 0.9 _ . ® 7 .'ape 3 Vista Point Loop Trail 2.8 ggn 44 Trail Connection to Red Barn Area 0.3 7 • KQ¢�" Q" Q5 Trail Connection to Driscoll Ranch 1.5 „- © La Honda Creek Loop Trail 4.8 �• .: zn 1 • y moo` \' \ Q7 Redwood Cabin Loop Trail 2.3 213 �_ 1 ® Interior Loop Trail 2.4 0 Red Barn Loop Trail 2.0 u - Folger Ranch Loop Trail 3.9 I e.n / 1O Harrington Creek Trail 1.6 1 L 3 1® Sears Ranch Loop Trail 1.9 1® Trail to Ra yrs Peak 0.1 3 : Conservation' / 1 Management U�li t6w ,�_ r'\� �I ••••� NCA PUBLIC ACCESS ®..� a�Mlelro xo-wfai i Ig Ip at e�haa-Pki"n,gsVr o Off-,-I ff,wl tI-pls use�a, % —' 4 ep Cuuunanagm Un All vadaiom dy (t)thrs • - B aI ~; �® nhe ar n d the Driscoll Ranch Road f 1:Sea `- Raixh R Road r ih Red gam area,(2) portion of the Creek Loop Tra I and(3)the designated Bay Area Ridge Tr I \ l ) •.as• 1? \ nnrn, Ec,�hmugh mnneamn re .ured 1�e legeixll ,� 1+ // a � '. �J� � + frads rd f V.,u P„rnf open w dogs on kash after graving \ ' pms;, _bushed:also,wmk with-sung gru g tenant w r idendy sukable o-d loop df Sours Ranch Road hr dogs on had,- t r r 9 It 5 `,;mot .+t �`_. /'_.. A - •• 0�y * ConservaOon > r"�' • a•!r' Management afiif F ` N. PUBUC ACCF56 `� �' •• r • 6 \ • .. 1/6/12 be s ? • • �� .. ��.� t3 �� • _ 1l6 6 _ - • IA Hirr.C6 • g h • /-'�� • /�+-- Oil t} Dr I Rarx h- i £vent Center r _. � i J La Honda Creek Attachment B: Public Access Trails Open Space Preserve Trails Facilities R,>ad, ••••• Existing Public TraN :.�i„�»•wn.v.w vie (Hiking,Equestrian) 0 Existing Parking Area Unpaved Ranch/ Conservation New Public Trails L, •�•v."r` M.magemerd Unit ••••• n Patrol Road IN Public Access) rs,x.iowa. v-wi.e..Mt na•u.u_ IHikin g R.EqunMmsl O New Parking Atea Existing Paved Road I New Multiple-Ux Public Trails ® New InarpteOvSite Highwry (Hiking,Equestrian,Biryclingi New Segment of the Bay Area Ridge '� NmEq Sian Trail(Hiking,Equesrian,Bi,yclingi I i ATTACHMENT C COMMENTS RECEIVED ON THE MASTED PLAN None of the public comments(reproduced below), received during the public comment period for the La Honda Creek Master Plan ISIMND,pertain to potential environmental impacts but rather aspects of the Master Plan. Comment 1. From: John Radford Sent: Monday,July 02, 2012 I wanted to reiterate my emailed suggestions of"Tuesday,May 19, 2009 11:10 PM",to wit, I have at least one superior trail route that should be considered for implementation,based on my 35 years of hiking out back of 315 Blakewood Way(only house with trail built down to LH Creek and thus only good direct access by Skylonda area private property of LHCOSP lands). I've trod these subtle deer trail routes since August, 1995, as well as using the forest roads to gain pasture-top access since June, 1977. My primary suggested route branches off just past the Big Tree we all know about and passes within 8 feet of what I call the"Hobbit Tree", which is a twin-stump giant that,at the base, is at least as impressive as the BigTree. It has a large Wood Rat pile abutting the tree(maybe just a pile of branches but I fancy is it g p g ( Y J p Y inhabited-i.e., the Hobbit idea). This route is mysterious, charming, exciting, as it opens out of the full forest amidst a garden of Douglas Irises to an abruptly sweeping view of the coast.None of your other routes offer quite the same experience. It is a short route that makes a wonderful loop option proposed q P p p through forest that you otherwise don't offer. On the attached, I show this route("V" section)as well as two other suggested routes- "C" Creek route up Mossy Chasm and Mud Tree areas(used to be"Log Bridge" crossing as well, but it collapsed, with me on it!)and such and the side"L"route past Lion Rocks, Rock Garden and Deer Freeway(as I fancy areas the route passes might be called). WORK: I also noted I would love to help build these and other trails.I could"walk to work", literally, and get in a wonderful bit of exercise while doing something satisfyingly useful. Volunteer,of course. Even better if paid but I would do for free since I'd value the exercise highly. John Radford Comment 2 From: Judith Schwarz Sent: Thursday,July 19, 2012 5:12 PM To the Open Space Management, I have never been involved with a park process before,but I feel I need to get involved now while I can, and put a issue on the table now. I am concerned with the allowance of dogs at a park preserve that come from my own personal I experiences. Almost every single time I am at a park preserve, a city park, or after hours at school,there will be people with their dogs not following the clearly posted rules about keeping their dogs on leashes, and to pick up after their excrement. Some people have actually said that because they pay taxes they feel they can do what they want to do. Never mind that there dog is pushing over small kids and pooping anywhere it wants too. I have had the experience of being bitten from a non leashed dog while walking upon a family on a trail. I have also had a large muddy dog happily jump up on me when not leashed, and, too often I will hear the owners calling their dog over to them to quickly leash it up before they are seen with it off leash. So obviously the dog was free to sport around in the shrubbery. It is also annoying that when I am ready for a great day at the park I am greeted with fecal matter at the entrance of it, and of course along the path. Windy Hill was appalling,but I have not been there in awhile. I have always found it interesting that people who own dogs never see,or experience these things that I do. Of course their dog is different than everyone else,and they would never do that I hear. My main point is -If you allow dogs into the park, even with rules posted-get ready-they will be ignored. Let's keep it simple and keep the pets at home. Judith Schwarz Comment 3 From: Randall R. H. Adams Sent: Wednesday,August 08, 2012 Please provide these comments to the MROSD Board of Directors with the materials for their August 22, 2012 meeting regarding adoption of the La Honda Creek Master Plan. I am writing in regards to the La Honda Creek Master Plan. I would like to start by saying that I am disappointed that I have not received notice of the progress of this Master Plan after having submitted earlier comments to MROSD staff on a related project. Although I have received numerous a-mails related to the Mt Umunhum project(which I have not commented on) I have not received any updates regarding the plans to adopt a Master Plan for La Honda Creek OSP. Regardless of any possible lapse in communication, I am hopeful that the MROSD Board will consider my comments at this time and take appropriate actions to delay the adoption of the La Honda Creek Master Plan until these issues are addressed. I am requesting additional bicycle and through access for this large(5,759 acres)and currently inaccessible open space preserve. I was aware of the master planning process and I had assumed that MROSD staff would embrace their standard multiple-use approach and be able to include bicycle access along a variety of different trail types throughout the preserve. After having reviewed the most recent 1 Master Plan document, I see very limited access through only a portion of the preserve on full width fire roads. As a cyclist,this is a severe disappointment and is not what I would have expected from the MROSD in the development of such a large and varied open space preserve. This plan is very limiting in the opportunities for mountain bicycling,as no through routes from Skyline (Highway 35)have been provided and the bicycling options are limited to full width fire roads on the east side of the preserve. I am not asking that all trails be opened to cyclists and 1 understand that some community comments have requested hiking and equestrian opportunities without conflicts from bicycles. However, this does not equate to removing bicycles entirely from those trail systems. As MROSD staff are aware, multiple-use trail systems do work when properly designed. Individual trails may be limited to hiking and equestrian use,but there is no reason to completely eliminate bicycle use from single-track trail systems or to ban bicycle use from large sections of the preserve. Such limitations on bicycle use are outdated and are not the direction that the MROSD should be headed as more and more people are enjoying these preserves(esp.the larger parcels)on bicycles each year,and the number of equestrians are declining. This is a clear trend that the Santa Clara County Parks Department has realized and it is something that we need to embrace in preparing master plan documents that span 30+years. I am hopeful that the MROSD Board can embrace this trend and direct staff to return at a later date with a Master Plan for La Honda Creek Open space. Please note that I am a donor to POST who helps to fund the acquisition of these parcels for the MROSD. In doing so, I continue to be hopeful that the lands that are acquired will be developed for recreational activities(specifically including bicycles)while also preserving the natural features. On a preserve the size of La Honda Creek OSP(at 5,759 acres) many more opportunities for recreational bicycle access can be found without undue damage to natural resources or other user conflicts. Please consider this request and delay adoption of the La Honda Creek Master Plan until further opportunities for a multiple-use trail system are developed(including bicycle access on all trail types of trails throughout all fpreserve). T for o r consideration. a s oughout areas o the hank you your Randall Adams i i ATTACHMENT D La Honda Creek Open Space Preserve Master Plan Draft Initial Study/Mitigated Negative Declaration Ok" PREPARED FOR: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 ATTACHMENT E RESPONSE TO COMMENTS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT La Honda Creek Open Space Preserve Master Plan Initial Study/Mitigated Negative Declaration August 22,2012 Pursuant to CEQA Guideline 15073,the Initial Study and Mitigated Negative Declaration(IS/MND)was circulated for public review. The public comment period began on July 2,2012 and concluded on August 1,2012.The IS/MND was distributed to responsible agencies and other interested parties in compliance with 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 effects on the environment as a result of implementation of the proposed La Honda Creek Open Space Preserve Master Plan. During the public comment period,comments were received from Caltrans and Mr.Mike Vandaman. This document responds to P p � p o s those comments,which 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 Comment Letter 1: California Department of Transportation(Caltrans) Date received: July 16,2012 As a planning document,the La Honda Creek Open Space Preserve Master Plan does not include detailed specifications or drawings for future access points on State Route(SR) 84 and 35. Thus, the impacts associated with providing access are generally assessed at this point. Detailed plans would be developed as the various phases are implemented,the timing of which depends greatly on available funding. The District would coordinate closely with Caltrans during the development of detailed access plans and would follow Caltrans' outlined process for obtaining encroachment permits. As requested in their comment letter,Caltrans would also be involved in any future environmental review processes necessary for specific access improvements on SR 84 and 35. Caltrans' comment letter does not raise issues with the adequacy of the IS/MND.No further response is necessary. Response to Commenter 2(two emails): Mike Vandeman Date received: July 2 and July 11,2012 The commenter primarily raises concerns with allowing bicycles on trails.Although the commenter indicates that environmental impacts associated with trail construction and proposed mountain bike activity are not insignificant,the commenter does not raise specific issues associated with the content of the IS/MND. The commenter suggests that mountain biking is more harmful to the environment than hiking. Environmental impacts associated with the use of trails by the various proposed user types are evaluated in the IS/MND. Mitigation measures are included to reduce potential impacts to the environment to a less-than-significant level.No impacts were identified in the IS/MND that cannot be mitigated to a less-than-significant level;therefore,an MND is the appropriate document under CEQA. Because the commenter does not identify specific issues with the IS/MND's analysis,no further response can be provided. _III i EXHIBIT A COMMENT LETTERS i I i I Illh I STATE OF CALIFORNIA—BUSINESS 'IRANSPORTATIONAND HOUSING AGENCY EDMUND G.BROWN Jr..Governor DEPARTMENT OF TRANSPORTATION, 111 GRAND AVENUE P.O.BOX 23660 0 OAKLAND,CA 94623-0660 PHONE 510) 53 � Flex your power! FAX (510)28b-5559-5559 Be energy efficient! TTY 711 JUL 16 2.u12 July 12, 2012 Ml FAC�Att�f SMVar011 SCH#2012072004 Ms. Lisa Bankosh Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Ms. Bankosh: LA HONDA CREEK OPEN SPACE PRESERVE MASTER PLAN—MITIGATED NEGATIVE DECLARATION Thank you for including the California Department of Transportation(Caltrans)in the environmental review process for the La Honda Creek Open Space Preserve Master Plan project (Project). The comments presented below are based on the Mitigated Negative Declaration.As lead agency,the Midpeninsula Regional Open Space District(District) is responsible for all project mitigation, including any needed improvements to state highways. While an encroachment permit is only required when a project involves work in the state right of way li (ROW),please be advised that Caltrans will not issue a permit until our concerns are adequately addressed.Therefore we strongly recommend that the District ensure resolution of Caltrans concerns prior to submittal of the permit application. Further comments will be provided during the encroachment permit process; see the end of this letter for more information regarding the encroachment permit process. Project-specific Environmental Review Please ensure that environmental documents for specific projectt improvements are routed to Caltrans for review. Project-specific analysis should evaluate impacts to traffic; particularly those associated with access and public safety. Impacts to biological,hydrology, and cultural resources in the state ROW as well as other resources should be included. As soon as they are available,please provide: 1. At least one hard copy and one CD of the project specific environmental document and its technical appendices. p 2. A regional site map that clearly shows the project in relation to State Routes(SR) 84 and 35. 3. All proposed improvements within the state ROW need to be clearly identified. 4. Ingress and egress for all project components in relation to SRs 84 and 35 should be clearly "Caltrans improves mobility across California" Ms. Lisa Bankosh/Mid-Peninsula Open Space District July 12, 2012 Page 2 identified. 5. Map must be drawn to scale, with a north arrow, and the state ROW must be shown for the whole of the project limits. Encroachment Permit Please be advised that any work or traffic control that encroaches onto the state ROW requires an encroachment permit that is issued by Caltrans. To apply, a completed encroachment permit application, environmental documentation, and five(5) sets of plans clearly indicating the state ROW must be submitted to: Office of Permits, California Department of Transportation,District 4,P.O. Box 23660, Oakland,CA 94623-0660. Traffic-related mitigation measures should be incorporated into the construction plans during the encroachment permit process. See the website link below for more information. bttp://www.dot.ca.govALq/traffors/developsgv�/ ennits Please feel free to call or email Sandra Finegan at(510)-622-1644 or sandra fine ggan.0—Mot.ca.go with any questions regarding this letter. Sincerely, ERIK ALM,AICP District Branch Chief Local development—Intergovernmental Review c: State Clearinghouse "Caltrans improves mobility across California From: Mike Vandeman [mjvande@pacbell.net] Sent: Monday,July 02, 2012 12:22 PM A negative declaration is not appropriate,because trail construction and mountain biking destroy wildlife habitat. That is not insignificant! Bicycles should not be allowed in any natural area. They are inanimate objects and have no rights. There is also no right to mountain bike. That was settled in federal court in 1994: http:Hmjvande.nfshost.com/mtbl4.htm. It's dishonest of mountain bikers to say that they don't have access to trails closed to bikes. They have EXACTLY the same access as everyone else--ON FOOT! Why isn't that good enough for mountain bikers?They are all capable of walking.... A favorite myth of mountain bikers is that mountain biking is no more harmful to wildlife,people, and the environment than hiking, and that science supports that view. Of course, it's not true. To settle the matter once and for all, I read all of the research they cited, and wrote a review of the research on mountain biking impacts (see h"://mivande.nfshost.com/scb7.htm). I found that of the seven studies they cited, (1) all were written by mountain bikers, and(2) in every case, the authors misinterpreted their own data, in order to come to the conclusion that they favored. They also studiously avoided mentioning another scientific study(Wisdom et al) which did not favor mountain biking, and came to the opposite conclusions. Those were all experimental studies. Two other studies (by White et al and by Jeff Marion)used a survey design, which is inherently incapable of answering that question(comparing hiking with mountain biking). I only mention them because mountain bikers often cite them, but scientifically, they are worthless. Mountain biking accelerates erosion,creates V-shaped ruts, kills small animals and plants on and next to the trail, drives wildlife and other trail users out of the area, and(worst of all)teaches kids that the rough treatment of nature is okay(it's NOT!). What's good about THAT? For more information:http://mivande.nfshost.com/mtbfN.htm. From: Mike Vandeman [mjvande@pacbell.net] Sent: Wednesday, July 11, 2012 1:19 PM There is no good reason to allow bicycles off of pavement! Anyone who can ride a bicycle can also walk(if they couldn't, they could get stranded with a flat tire far from home&not be able to get home)! Please restricty bikes to pavement. Bicycles should not be allowed in any natural area. They are inanimate objects and have no rights. There is also no right to mountain bike. That was settled in federal court in 1994: http://Enjvande.nfshost.com/mtbI0.htm. It's dishonest of mountain bikers to say that they don't have access to trails closed to bikes. They have EXACTLY the same access as everyone else--ON FOOT! Why isn't that good enough for mountain bikers?They are all capable of walking.... A favorite myth of mountain bikers is that mountain biking is no more harmful to wildlife,people, and the environment than hiking, and that science supports that view. Of course, it's not true. To settle the matter once and for all, I read all of the research they cited, and wrote a review of the research on mountain biking impacts (see htty://mjvande.nfshost.com/scb7.htm ). I found that of the seven studies they cited, (1) all were written by mountain bikers, and(2) in every case, the authors misinterpreted their own data, in order to come to the conclusion that they favored. They also studiously avoided mentioning another scientific study(Wisdom et al) which did not favor mountain biking, and came to the opposite conclusions. Those were all experimental studies. Two other studies (by White et al and by Jeff Marion)used a survey design, which is inherently incapable of answering that question(comparing hiking with mountain biking). I only mention them because mountain bikers often cite them,but scientifically, they are worthless. Mountain biking accelerates erosion, creates V-shaped ruts,kills small animals and plants on and next to the trail, drives wildlife and other trail users out of the area, and(worst of all)teaches kids that the rough treatment of nature is okay(it's NOT!). What's good about THAT? For more information: bftp://mjvande.nfshost.com/mtbfM.htm. ATE OF CALIFORNIA--BUSINESS TRANSPORTATION AND HMING AGENCY EDMUND G.BROWN Jr„Gove= DEPARTMENT OF TRANSPORTATION ill GRAND AVENUE P.O.BOX 23660 OAKLAND,CA 94623-0660 PHONE 0)28 -5559 53 POW energy q&ie tl FAX (510}286-5559 Be energy ecientl TTY 711 all ED L 16 zA July 12, 2012 �t PA� 11 SMVar011 SCH#2012072004 Ms. Lisa Bankosh Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Ms. Bankosh: LA HONDA CREEK OPEN SPACE PRESERVE MASTER PLAN—MITIGATED NEGATIVE DECLARATION Thank you for including the California Department of Transportation(Caltrans) in the environmental review process for the La Honda Creek Open Space Preserve Master Plan project (Project). The comments presented below are based on the Mitigated Negative Declaration.As lead agency, the Midpeninsula Regional Open Space District(District) is responsible for all project mitigation, including any needed improvements to state highways. While an encroachment permit is only required when a project involves work in the state right of way (ROW),please be advised that Caltrans will not issue a permit until our concerns are adequately addressed. Therefore we strongly recornmend that the District ensure resolution of Caltrans concerns prior to submittal of the permit application. Further comments will be provided during the encroachment permit process; see the end of this letter for more information regarding the encroachment permit process. Project-specific Environmental Review Please ensure that environmental documents for specific project improvements are routed to Caltrans for review. Project-specific analysis should evaluate impacts to traffic; particularly those associated with access and public safety. Impacts to biological,hydrology, and cultural resources in the state ROW as well as other resources should be included. As soon as they are available,please provide: 1. At least one hard copy and one CD of the project specific environmental document and its technical appendices. 2. A regional site map that clearly shows the project in relation to State Routes(SR) 84 and 35. 3. All proposed improvements within the state ROW need to be clearly identified. 4. Ingress and egress for all project components in relation to SRs 84 and 35 should be clearly "Callrans improves mobility across California" Ms. Lisa Bankosh/Mid-Peninsula Open Space District July 12, 2012 Page 2 identified. S. Map must be drawn to scale, with a north arrow, and the state ROW must be shown for the whole of the project limits. Encroachment Permit Please be advised that any work or traffic control that encroaches onto the state ROW requires an encroachment pen-nit that is issued by Caltrans. To apply, a completed encroachment permit application, environmental documentation, and five(5) sets of plans clearly indicating the state ROW must be submitted to: Office of Permits, California Department of Transportation, District 4,P.O.Box 23660, Oakland, CA 94623-0660.Traffic-related mitigation measures should be incorporated into the construction plans during the encroachment permit process. See the website link below for more information. http://www.dot.ca.goyN/traffops/develooserv/penni Please feet free to call or email Sandra Finegan at(510) 622-1644 or sandra fineganadotca gov with any questions regarding this letter. Sincerely, ERIK ALM,AICP District Branch Chief Local development—Intergovernmental Review c: State Clearinghouse "Caltrans improves mobility across California i ATTACHMENT F MITIGATION MONITORING PROGRAM La Honda Creek Open Space Preserve Master Plan San Mateo County, CA August 22, 2012 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 650-691-1200 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. 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 page provides a table identifying the mitigations incorporated into the La Honda Creek Open Space Preserve Master Plan(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 department that will ensure implementation of verify? the mitigation. 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 form, providing specific information on the asserted violation. The General Manager shall cause an investigation and determine the validity of the complaint; if noncompliance with a mitigation measure has occurred, the General Manager shall cause appropriate actions to remedy any violation. The complaint shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance issue. 1 MITIGATION MEASURES MATRIX The following mitigation measures will be incorporated into the project planning and execution: Number Mitigation Timing Who Will Verify? Verification (Date& Initials) Mitigation Mitigation Measure 3.3-1 During MROSD Operations in Section construction (Resource III Air The District shall require all its construction contractors to implement the Specialist)with Quality following basic construction mitigation measures.Some, but not all of these Planning PM measures are similar to the dust control measures required by the Environmental Protection Guidelines which directly incorporate the Mitigation Measures of the San Mateo Coastal Annexation EIR. (The measures below provide updated consistency with BAAQMD regulations.) Basic Construction Mitigation Measures All exposed and un-compacted surfaces(e.g.,staging areas, soil piles, and graded areas,)shall either be watered two times per day or covered with mulch,straw, or other dust control cover. All haul trucks transporting soil,sand,or other loose material off-site shall be covered. All visible mud or dirt track-out onto adjacent public roads shall be collected and removed at least once per day. The use of dry power sweeping is prohibited. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour(mph). All roadways, driveways,and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding, dust control covers, or soil binders are used. 2 Number Mitigation Timing Who Will Verify? Verification (Date& Initials) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes(as required by the California airborne toxics control measures(ATCM) Title 13,Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications.All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. Mitigation 131O-1 Conduct Special-status Plant Surveys, Implement Avoidance Preconstruction MROSD Operations in Section and Mitigation Measures, or Provide Compensatory Mitigation. Dept. (Resource IV Specialist)with Biological The District shall utilize qualified District staff or a contractor to conduct Planning PM Resources: protocol-level preconstruction special-status plant surveys for all potentially occurring species within the project footprint that has not previously been surveyed. Prior to ground-disturbance or vegetation management in potentially suitable habitat, surveys shall be conducted during the appropriate blooming period when they are most readily identifiable in accordance with Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities(DFG 2009). If no special-status plants are found during focused surveys, the findings shall be documented in a letter report, and no further mitigation shall be required. If special-status plant populations are present in the project footprint, the District shall determine if the population can be avoided by adjusting the project design. The District will locate new trails, new roads, or other new 3 Number Mitigation Timing Who Will Verify? Verification (Date& Initials) facilities to avoid impacts to the extent feasible. If the impact to special-status plants cannot be avoided, the District shall consult with DFG and USFWS,as appropriate depending on species status, to determine the appropriate measures to ensure no net loss of occupied habitat or individuals. These measures may include preserving and enhancing existing populations,creation of off-site populations on project mitigation sites through seed collection or transplantation,and/or restoring or creating suitable habitat in sufficient quantities to achieve the no-net-loss standard. BI0-2a Protection and Compensation Measures for California Red- Prior to and MROSD Operations legged Frog, during Dept. (Resource construction Specialist)with The District or its contractor will avoid impacts to California red-legged frog by activities. Planning PM avoiding aquatic and riparian habitat by at least 200-feet to the extent feasible. If project activities are to occur in aquatic habitat, qualified District staff or a contractor shall determine if suitable habitat for California red-legged frog (e.g.,streams with slow moving water or ponds)is present using USFWS' California Red-legged Frog Habitat Site Assessment Data Sheet(USFWS 2005, Appendix D)and following Equipment Decontamination Procedures(USFWS 2005,Appendix B)to minimize the spread of pathogens that may be transferred as a result of surveys. if the habitat requirements for California red- legged frog are not met, then no further mitigation shall be required. If suitable aquatic habitat for California red-legged frog could be affected, the District will consult with the U.S. Fish and Wildlife Service(USFWS)and comply with the requirements of the Endangered Species Act(ESA). Because potential impacts to aquatic habitat for California red-legged frog may also require a Section 404 permit from the USACE(see Discussion under"C"below and Mitigation Measure BIO 6), consultation would likely occur under Section 7 of the ESA. The District shall ensure the no net loss of California red-legged frog habitat 4 Number Mitigation Timing Who Will Verify? Verification (Date& Initials) occurs.Aquatic habitat that is disturbed during construction shall be restored to its pre-project condition. If permanent loss of habitat occurs, habitat restoration or enhancement shall occur elsewhere on District land as compensatory mitigation. The District will implement the following minimization measures to protect California red-legged frog during construction activities in streams with slow moving water or ponds: At least 15 days prior to the onset of activities, the applicant or project proponent shall submit the name(s)and credentials of biologists who would conduct activities specified in the following measures. No project activities shall begin until proponents have received written approval from USFWS that the biologist(s)is qualified to conduct the work. A USFWS-approved biologist shall survey the work site two weeks before the onset of activities. If California red-legged frogs, tadpoles, or eggs are found, the approved biologist shall contact USFWS to determine if moving any of these life-stages is appropriate. In making this determination USFWS shall consider if an appropriate relocation site exists. If USFWS approves moving animals, the approved biologist shall be allowed sufficient time to move California red-legged frogs from the work site before work activities begin. Only USFWS-approved biologists shall participate in activities associated with the capture, handling,and monitoring of California red-legged frogs. Before any construction activities begin on a project, a USFWS- approved biologist shall conduct a training session for all construction personnel.At a minimum, the training session shall include a description of the California red-legged frog and its habitat, the importance of California red-legged frog and its habitat, the general measures that are being implemented to conserve the California red- legged frog as they relate to the project,and the boundaries within which the project may be accomplished. Brochures, books,and 5 Number Mitigation Timing Who Will Verify? Verification (Date&Initials) briefings may be used in the training session,provided that a qualiiied person is on hand to answer any questions. A USFWS-approved biologist shall be present at the work site until such time as all removal of California red-legged frogs, instruction of workers,and habitat disturbance have been completed.After this time, the contractor or permittee shall designate a person to monitor on-site compliance with all minimization measures. The USFWS- approved biologist shall ensure that this individual receives training outlined above in measure 3 and in the identification of California red- legged frogs. The monitor and the USFWS-approved biologist shall have the authority to halt any action that might result in impacts that exceed the levels anticipated by USACE and USFWS during review of the proposed action. if work is stopped, USACE and USFWS shall be notified immediately by the USFWS-approved biologist or on-site biological monitor. During project activities,all trash that may attract predators shall be properly contained, removed from the work site and disposed of regularly. Following construction,all trash and construction debris shall be removed from work areas. All fueling and maintenance of vehicles and other equipment and staging areas shall occur at least 20 meters from any riparian habitat or water body. USACE and permittee shall ensure contamination of habitat does not occur during such operations. Prior to the onset of work, USACE shall ensure that the permittee has prepared a plan to allow a prompt and effective response to any accidental spills.All workers shall be informed of the importance of preventing spills and of the appropriate measure to take should a spill occur. A USFWS-approved biologist shall ensure that the spread or introduction of invasive exotic plant species shall be avoided to the maximum extent possible. When practicable, invasive exotic plants in 6 Number Mitigation Timing Who Will Verify? Verification (Date& Initials) the project areas shall be removed. ) Project sites shall be revegetated with an appropriate assemblage of native riparian wetland and upland vegetation suitable for the area.A species list and restoration and monitoring plan shall be included with the project proposal for review and approval by USFWS and USACE. Such a plan must include, but not be limited to, location of the restoration,species to be used, restoration techniques, time of year the work will be done, identifiable success criteria for completion,and remedial actions if the success criteria are not achieved. ) Stream contours shall be returned to their original condition at the end of the project activities, unless consultation with USFWS has determined that it is not beneficial to the species or feasible. The number of access routes, number and size of staging areas,and the total area of the activity shall be limited to the minimum necessary to achieve the project goal. Routes and boundaries shall be clearly demarcated, and these areas shall be outside of riparian and wetland areas. Where impacts in these staging and access routes, restoration shall occur as identified in measures 8 and 9 above. } Work activities shall be completed between May 1 and November 1. Should the proponent or applicant demonstrate a need to conduct activities outside this period, USACE may authorize such activities after obtaining the USFWS'approval. To control erosion during and after project implementation, the applicant shall implement best management practices,as identified by the appropriate Regional Water Quality Control Board. If a work site is to be temporarily dewatered by pumping, intakes shall be completely screened with wire mesh not larger than five millimeters to prevent California red-legged frogs from entering the pump system. Water shall be released or pumped downstream at an appropriate rate 7 Number Mitigation Timing Who Will Verify? Verification (Date&Initials) to maintain downstream flows during construction. Upon completion of construction activities,any barriers to flow shall be removed in a manner that would allow flow to resume with the least disturbance to the substrate. USFWS-approved biologist shall permanently remove, from the project area,any individuals of exotic species,such as bullfrogs, crayfish,and centrarchid fishes, to the maximum extent possible. The permittee shall have the responsibility to ensure that their activities are in compliance with the California Fish and Game Code. 1310-2b Preconstruction Surveys and Protection Measures for Western Prior to and MROSD Operations Pond Turtles during Dept. (Resource construction Specialist)with The District or its contractor will avoid impacts to western pond turtle by activities. Planning PM avoiding aquatic and riparian habitat by at least 200-feet to the extent feasible. Qualified District staff or contractor shall conduct a pre-construction survey for western pond turtles no more than 30 days prior to construction in suitable aquatic habitats and upland habitat within the project corridor/footprint, including stream crossings, drainage ditches,and culverts. If the species is found near any proposed construction area, impacts on individuals and their habitat shall be avoided to the greatest extent feasible. If occupied habitat can be avoided,an exclusion zone shall be established around the habitat,and temporary exclusion fencing shall be installed around a buffer area determined by the qualified District staff or contractor with "Sensitive Habitat Area"signs posted and clearly visible on the outside of the fence. If avoidance is not possible and the species is determined to be present in work areas, the qualified District staff or contractor, with approval from CDFG , may capture turtles prior to construction activities and relocate them to 8 Number Mitigation Timing Who Will Verify? Verification (Date&Initials) nearby,suitable habitat a minimum of 300 feet downstream from the work area. Exclusion fencing should then be installed, if feasible, to prevent turtles from reentering the work area. For the duration of work in these areas, the qualified District staff or contractor should conduct monthly follow-up visits to monitor effectiveness. BI0-2c Preconstruction Surveys and Protection Measures for San During MROSD Operations Francisco Garter Snake operation and Dept. (Resource prior to Specialist)with General Impact Avoidance Measures construction Planning PM activities. If an incidental sighting of San Francisco garter snake is reported in the Preserve, either from District staff or recreational visitor to the Preserve, the District shall evaluate the validity of the sighting and take precautionary actions to ensure that the individual is protected. Measures shall include: Conducting focused surveys in the area of the reported sighting to delineate boundaries of occupied and potentially occupied areas Avoiding disturbance within 660 feet of occupied aquatic and riparian habitat to the extent feasible Based on survey results and potential habitat, the District may restrict certain types of activities, or close the area to specific uses as appropriate Impact Avoidance Measures for Construction Projects Qualified District staff or a contractor shall conduct a pre-construction survey for San Francisco garter snake no more than 30 days prior to construction in suitable aquatic habitats and adjacent upland habitat within the project footprint if the species is found near any proposed construction area, work shall cease immediately and the District shall contact USFWS and California Department 9 Number Mitigation Timing Who Will Verify? Verification (Date&Initials) of Fish and Game within 24 hours to develop appropriate conservation measures to avoid and minimize impacts. B10-3 Preconstruction Surveys and Protection Measures for Bat Prior to MROSD Operations Roosts in Buildings demolition Dept. (Resource and/or Specialist)with Surveys for roosting bats on the project site will be conducted by a qualified renovation Planning PM District staff or contractor. Surveys will consist of a daytime pedestrian survey activities,and looking for evidence of bat use(e.g.,guano)and/or an evening emergence during survey to note the presence or absence of bats. The type of survey will depend renovation. on the condition of the buildings. If no bat roosts are found, then no further study is required. If evidence of bat use is observed, the number and species of bats using the roost will be determined. Bat detectors may be used to supplement survey efforts, but are not required. If roosts of pallid or Townsend's big-eared bats are determined to be present and must be removed, the bats will be excluded from the roosting site before the facility is removed.A program addressing compensation, exclusion methods,and roost removal procedures will be developed in consultation with DFG before implementation. Exclusion methods may include use of one-way doors at roost entrances(bats may leave but not reenter), or sealing roost entrances when the site can be confirmed to contain no bats. Exclusion efforts may be restricted during periods of sensitive activity(e.g., during hibernation or while females in maternity colonies are nursing young). The loss of each roost(if any)will be replaced in consultation with DFG and may include construction and installation of bat boxes suitable to the bat species and colony size that was excluded from the original roosting site. Roost replacement will be implemented before bats are excluded from the original roost sites. The District has successfully constructed bat boxes elsewhere that have subsequently been occupied by bats. Once the replacement roosts are constructed and it is confirmed that bats are not present in the original roost site, the structures may be removed or sealed. In the case of renovation work, renovations will be done in as concentrated a time period as possible and will be timed to minimize disturbance to bat roosts 10 Number Mitigation Timing Who Will Verify? Verification (Date& Initials) as recommended by a bat expert. Renovations will be done in a manner that will promote the continued use of the structure by bats whenever feasible. B10-4a Preconstruction Surveys and Protection Measures for Raptors Prior to and MROSD Operations and Other Nesting Birds during Dept. (Resource construction Specialist)with activities. Planning PM To minimize potential disturbance to nesting birds,project activities, including vegetation removal and building demolition, watershed habitat management, and vegetation and forest management,shall occur during the non-breeding season(September 16-February 14), unless it is not feasible to do so, in which case the following measures shall also be applied. During trail construction, road improvements,and other activities, removal of trees greater than 6 inches dbh shall be limited to the greatest degree possible. If construction activity is scheduled to occur during the nesting season (February 1 to August 15), The District shall utilize qualified District staff or contractor to conduct preconstruction surveys and to identify active nests on and within 500 feet of the project site that could be affected by project construction. The surveys shall be conducted no less than 14 days and no more than 30 days before the beginning of construction in a particular area. If no nests are found, no further mitigation is required. If active nests are found, impacts on nesting raptors and songbirds shall be avoided by establishment of appropriate buffers around the nests. No project activity shall commence within the buffer area until a qualified District staff or contractor confirms that any young have fledged or the nest is no longer active.A 500-foot buffer around raptor nests and 50-foot buffer around songbird nests are generally adequate to protect them from disturbance, but the size of the buffer may be adjusted by a qualified District staff or contractor in consultation with DFG depending on site specific conditions. For trail 11 Number Mitigation Timing Who Will Verify? Verification (Date&Initials) construction, use of non-power hand-tools may be permitted within the buffer area if the behavior of the nesting birds would not be altered as a result of the construction. Monitoring of the nest by a qualified District staff or contractor during and after construction activities will be required if the activity has potential to adversely affect the nest. BI0-4b Avoidance of Nesting Habitat and Protection Measures for Prior to and MROSD Operations Marbled Murrelets during Dept. (Resource construction Specialist)with activities. Planning PM To minimize potential disturbance to marbled murrelets at potential nesting sites and traveling to coastal foraging areas,the following measures shall be implemented: The District shall maintain a GIS-based map of potentially suitable habitat for marbled murrelets in the Preserve.A 114 mile buffer around suitable habitat shall be identified and mapped. No construction activities shall occur within potentially suitable habitat, associated buffer zones, or areas identified as old growth during the marbled murrelet breeding season(March 24 to September 15). If volunteer or contract work is scheduled to occur during the marbled murrelet breeding season(March 24 to September 15)in forested areas of the Preserve,a qualified District staff or contractor shall review the project area and verify that the project activities would not occur within the area identified as potential habitat and buffer zone. Within conifer forests on the Preserve, during the marbled murrelet breeding season(March 24 to September 15), noise generating construction activity shall be restricted to 2 hours after sunrise to 2 hours before sunset to minimize disturbance of potential nesting murrelets using forest habitat as a travel corridor between inland nesting and coastal habitat. 12 Number Mitigation Timing Who Will Verify? Verification (Date&Initials) BIO-5 Protection and Compensation Measures for Anadromous Fish Prior to, MROSD Operations during, and Dept. (Resource The District or its contractor will avoid impacts to coho salmon and steelhead following Specialist)with by avoiding stream habitat by at least 200-feet to the extent feasible. completion of Planning PM construction If project activities are to occur in stream habitat,a qualified District staff or activities. contractor shall determine if suitable habitat for anadromous fish would be affected by the activity, including downstream effects. Examples could include activities associated with bank stabilization or installation of stream crossing footings(etc.)within the ordinary high water mark(OHWM). if the habitat for anadromous fish would not be affected, then no further mitigation shall be required. If suitable habitat for anadromous fish would be affected by the project activity, the District will consult with the National Marine Fisheries Service (NMFS)to comply with the requirements of the Endangered Species Act(ESA) and California Department of Fish and Game(DFG)to comply with the requirements of the California Endangered Species Act(CESA). Because potential impacts to stream habitat for these anadromous fish may also require a Section 404 permit from the USACE(see Discussion under"C below and Mitigation Measure BiO 6),consultation would likely occur under Section 7 of the ESA. The proposed projects may qualify for ESA compliance by using the programmatic Biological Opinion for Anadromous Fish issued to USACE for specific fisheries restoration projects(NMFS 2006). The District shall ensure the no net loss of coho salmon and steelhead habitat occurs.Aquatic habitat that is disturbed during construction shall be restored to its pre-project condition. if permanent loss of habitat occurs, habitat restoration or enhancement shall occur elsewhere on District land as compensatory mitigation. The District will implement the following minimization measures to protect aquatic habitat during construction activities in streams: Project sites shalt be monitored by a qualified District staff or 13 Number Mitigation Timing Who Will Verify? Verification (Date&Initials) contractor during construction to prevent adverse and unforeseen effects to listed salmonids. The qualified staff or contractor shall monitor work activities and instream habitat a minimum of three times per week during construction for the purpose of identifying and reconciling any condition that could adversely affect salmonids or their habitat. The District staff or contractor shall have the authority to cease construction activities in order to resolve any unanticipated adverse impact resulting from construction. A monitoring report shall be provided to NMFS and DFG following the completion of construction within 120 calendar days following the completion of the construction phase of each restoration project. The report shall include the number and approximate size(mm)of listed salmonids captured and removed;any effect of the proposed action on listed salmonids;and photographs taken before, during,and after the activity from photo reference points. A spill prevention plan shall be in place prior to construction and shall be reviewed and approved by NMFS and DFG prior to construction. The District shall review and incorporate the minimization and avoidance measures,as proposed by USACE, NMFS,and/or DFG,prior to final project design submittal and construction. Construction crews and the qualified staff or contractor shall have a copy of these measures on site during project activities. Restoration projects shall not result in the introduction of anadromous salmonids into nonnative habitats. Fish passage enhancement actions, that facilitate anadromous saimonid migration into stream reaches without any prior historical access,are not permitted. Sediment minimization measures shall apply to large woody debris (LWD)placement actions. Root wads placed instream to enhance saimonid habitat shall be largely free of fine sediment prior to 14 Number Mitigation Timing Who Will Verify? Verification (Date& Initials) placement. NMFS and/or DFG may place additional site specific conditions on any restoration project in order to protect listed salmonids or their critical habitat from otherwise unforeseen adverse circumstances. USACE are expected to incorporate these additional site specific conditions into their permits. B1O-6 Wetland Minimization and Compensation Measures Prior to MROSD Operations construction Dept. (Resource The District will implement the following measures to minimize impacts to activities near Specialist)with wetlands and other waters of the U.S.: or within a Planning PM wetland or Where wetlands or other Waters could be affected by trail other waters of improvements, bank stabilization,or other activities,a preliminary the U.S. wetland delineation shall be submitted to USACE for verification. The wetlands may also be subject to DFG regulation under Section 1602 of the Fish and Game Code. No grading, fill, or other ground disturbing activities shall occur until all required permits, regulatory approvals, and permit conditions for effects on wetland habitats are secured. If the wetlands are determined to be subject to USACE jurisdiction, projects such as small bank stabilization projects, restoration activities,or trail or road crossings may qualify for a Nationwide Permit if certain criteria are met. For those wetlands that cannot be avoided, The District shall commit to replace, restore, or enhance on a "no net loss"basis(in accordance with USACE, RWQCB,and DFG)the acreage of all wetlands and other waters of the U.S. that would be removed, lost,and/or degraded with project implementation. Wetland habitat shall be restored,enhanced,and/or replaced at an acreage and location and by methods agreeable to USACE, RWQCB,and DFG,as appropriate, depending on agency jurisdiction,and as determined during the permitting processes. 15 II ATTACHMENT G RESOLUTION NO. 12-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING THE MITIGATED NEGATIVE DECLARATION, THE MITIGATION MONITORING PROGRAM,AND RELATED FINDINGS, IN CONNECTION WITH THE PROPOSED LA HONDA MASTER PLAN WHEREAS The Board of Directors of the Midpeninsula Regional Open Space District("District") has reviewed the proposed La Honda Master Plan and all associated actions ("the Project") and has reviewed the Mitigated Negative Declaration ("MND") analyzing the environmental effects of the Project; NOW,THEREFORE, BE IT RESOLVED by the District Board of Directors that,based upon the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, all comments received, and all substantial evidence in light of the whole record presented, the Board of Directors find that: 1. Notice of the availability of the Initial Study and Mitigated Negative Declaration and all hearings on the MND were given as required by law and the actions were conducted pursuant to California Environmental Quality Act(CEQA) and the CEQA Guidelines. 2. All interested parties desiring to comment on the MND were given the opportunity to submit oral and written comments on the adequacy of the MND prior to this action by the Board of Directors. Three comments were received. 3. Prior to approving the Project that is the subject of the MND, the Board has considered the MND, along with all comments received during the public review process. No changes were made to the MND. 4. The Board finds that, on the basis of the whole record before it, including the Initial Study and MND, that there is no substantial evidence that the Project will have a significant effect on the environment in that, although the proposed Project could have significant effects 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. 5. The Board adopts the MND and determines that the MND reflects the District's independent judgment and analysis. 6. The Board adopts the attached Mitigation Monitoring and Reporting Program and will require it to be implemented as part of the Project. 7. The location and custodian of the documents or other material,which constitute the record of proceedings upon which this decision is based are located at the offices of the General Manager of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California 94022. Mid peninsula Regional 0 P E N I Open Space District R-12-70 Meeting 12-29 August 22, 2012 AGENDA ITEM 8 AGENDA ITEM Consideration of Adding the Russian Ridge (Mindego Ranch Area) Use and Management Plan Amendment as a New Key Project to the District Fiscal Year 2012-13 Action Plan GENERAL MANAGER'S RECOMMENDATION Approve the addition of the Russian Ridge (Mindego Ranch Area)Use and Management Plan Amendment as a New Key Project to the District Fiscal Year 2012-13 Action Plan within the Planning Department. SUMMARY An amendment to the existing Russian Ridge Use and Management (U&M) Plan is necessary to facilitate effective stewardship of Mindego Ranch, which includes re-introduction of cattle grazing. The proposed U&M Plan Amendment includes upgrades to the livestock water system infrastructure to allow for grazing, enhancements to ponds to improve habitat for sensitive species, and road repairs to allow patrol and maintenance access. The U&M Plan Amendment will also address provisions for future public access. DISCUSSION Mindego Ranch was purchased by the District as an addition to Russian Ridge Open Space Preserve in July of 2008 (see report R-08-38 and Attachment A, Project Area Map). In 2011, the District entered into a partnership with POST to plan and implement appropriate public access to the Mindego Ranch area(known as the Mindego Gateway Project; see reports R-I 1-82 and R- 12-37). Other critical use and management actions, including pond improvements,repairs to existing access roads, upgrades to and installation of new grazing infrastructure, and re- activation of a grazing operation, are required to effectively steward this important and unique property. These actions must be expedited to address permitting issues for the Mindego Gateway Project. Staff have worked closely with the San Mateo County Planning Department, Farm Bureau, and Agricultural Advisory Committee, and propose that cattle grazing be reintroduced at Mindego Ranch prior to allowing public access on the proposed Mindego, Hill Trail. At its August 13, 2012, the Agricultural Advisory Committee reviewed and supported this proposal. Permits for the Mindego Gateway Project will be considered by the San Mateo County Board of Supervisors at their September 11, 2012 meeting. Planning, Natural Resources, and Real Property Department staff have developed a work plan to begin the grazing operation contracting process by 2014. Expected elements of the proposed U&M Plan Amendment are R-12-70 Page 2 summarized below and, if approved by the Board, would be presented to the U&M Committee in detail this fall. Grazing Infrastructure. Returning livestock to the property is a high priority for resource management and policy reasons. Livestock grazing controls invasive plant species, reduces wildfire hazard, and maintains open grassland areas. Furthermore, District policy encourages active agricultural operations within the Coastside Protection Area. As part of the consultation process with the San Mateo County Farm Bureau and Agricultural Advisory Committee for the Mindego Gateway Project, the District committed to making Mindego Ranch available to a grazing operation by 2014. In order to effectively manage cattle on Mindego Ranch, extensive upgrades to the existing stock water system are necessary. These and other infrastructure improvements are detailed in a Grazing Management Plan for Mindego Ranch which would be incorporated into the proposed U&M Plan Amendment and implemented by Natural Resource and Operations staff. Pond Improvements. Proposed actions would protect and enhance habitat for the San Francisco garter snake and other sensitive aquatic species. These actions would include: installing cattle exclusion fencing around portions of ponds, draining Mindego Lake to eradicate non-native fish and bullfrogs, and removing sediment and vegetation to increase water storage and open aquatic habitat. A Habitat Management Plan for the Mindego Ranch ponds that incorporate these actions is currently being finalized by Biosearch Associates (see report R-11-37). Pond improvements would be implemented by staff from the Natural Resources and Operations departments. Public Access. Existing plans for public access to Mindego Ranch would include a trail to the top of Mindego Hill and to the POST Council Circle. Access to the POST Council Circle would be via the existing unimproved ranch driveway and limited to hikers and equestrians only, with off-trail use prohibited. Additional public access would be evaluated as part of the U&M Plan Amendment planning process and may include docent-led hikes in biologically-sensitive habitat areas. Road Repair and Maintenance. Access roads on Mindego Ranch require repairs, including culvert installation and correction of fill failure to widen the road surface. These measures are intended to reduce sedimentation to the aquatic environment and provide adequate year-round patrol access. A Road and Trail Inventory would be prepared by an engineering geologist in summer/fall 2012 to describe and prioritize the necessary road repairs. Ongoing road maintenance needs would also be identified and included in the proposed U&M Plan Amendment. Ongoing Operations. Ongoing resource management activities required to provide proper stewardship of Mindego Ranch include vegetation management, invasive plant control, native plant seeding and wildfire hazard management. Patrol actions may include routine site checks and emergency response. Planning and Operations staff will collaborate to ensure future operations actions are included in the proposed U&M Plan Amendment. FISCAL IMPACT If this item is approved by the Board, it is anticipated that approximately$60,000 will be needed to prepare an environmental review document, including surveys and reports necessary to support the findings in the document. Funds from recently deferred projects would be R-12-70 Page 3 reallocated to provide funds for this project as part of the FY2012-13 midyear budget adjustment. BOARD COMMITTEE RECOMMENDATION It is anticipated that the proposed U&M Plan Amendment would be presented in detail for consideration and review to the Use and Management Committee in October 2012. PUBLIC NOTICE Notice has been provided as required by the Brown Act and the Coastside Service Plan. No additional notice is required. CEQA COMPLIANCE Initiating the planning phase of a proposed new project does not constitute a project under the California Environmental Quality Act(CEQA), as it will not result in a direct or reasonably foreseeable indirect physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. Any proposed future actions will be subject to environmental review to be completed at a later date, prior to any physical implementation. NEXT STEPS If this item is approved by the Board, Planning and Natural Resources Department staff would prepare a U&M Plan Amendment to include the actions described above. Early stakeholder and coastal agency input, including input from the San Mateo County Farm Bureau, would occur in summer/fall 2012, and the proposed U&M Plan Amendment would be presented to the Use and Management Committee in October 2012. It is expected that the U&M Plan Amendment would be brought to the full Board for consideration and tentative approval in December 2012, which would initiate the CEQA and regulatory agency permitting processes. A U.S. Fish and Wildlife Service Endangered Species Recovery Permit will be required to implement the management actions. Based on past experience, it is anticipated that the permitting process for this and all other permits will require more than one calendar year to complete. Initial project implementation, including livestock water infrastructure upgrades and road repair work, could begin as early as summer 2014. Attachments: 1. Project Area Map Responsible Department Manager: Meredith Manning, Senior Planner, Acting for: Ana M. Ruiz, AICP, Planning Manager Prepared by: Lisa Bankosh, Open Space Planner III Gretchen Laustsen, Open Space Planner II Contact person: Lisa Bankosh, Open Space Planner III I *;4 ■ � `0 Redvrood'Eit 0 82 A \\ 461 • Pal vA Ito 85 I r�r '". • � .. +i^ Area of z � Detatll j 35 sh: � H c, E E i E Proposed Mindego N Hill Trail s � Russian Ri Y� 7 , Y n Spa r INA Attachment A Project Area Map Midpeninsula Regional :�••��+ Open Space District MROSD Preserves Pereniat Stream 1 Coastat Protection Area MI (MROSD) ® Other or Private Land - Intermittent Stream Mindego Ranch Boundary August, 2012 ® Roadside Parking ----• Proposed Mindego Hill Trail mile. b 0 0.25 0.5 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. Midpeninsula Regional Open Space District R-12-80 Meeting 12-29 August 22, 2012 AGENDA ITEM 9 ENDA ITEM AG � Authorization to Amend the Preliminary Use and Management Plan for Bluebrush Canyon Addition to the Purisima Creek Redwoods Open Space Preserve to Incorporate a Rangeland Management Plan for the Bluebrush Canyon Grazing Unit; and Authorization to Approve a Grazing Lease for the Bluebrush Canyon Grazing Unit 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 an Amendment to the Preliminary Use and Management Plan for the Bluebrush Canyon addition to the Purisima Creek Redwoods Open Space Preserve to incorporate a Rangeland Management Plan. 3. Adopt the attached Resolution authorizing the General Manager to execute a five-year grazing lease to Tom Pacheco for the Bluebrush Canyon Grazing Unit on the terms and conditions set forth in the attached Grazing Lease. SUMMARY In June 2009, the District purchased the Peninsula Open Space Trust(POST) Bluebrush Canyon r r - - At the time f purchase, the District assumed the existing grazing Property ert see report R 09 78 . o u p Y( eP ) p g lease with the intent of continuing grazing on the property with the current tenant,Tom Pacheco. Staff recommends continuing cattle grazing on the Bluebrush Canyon property with Torn Pacheco as the lessee and has created a District grazing lease and a comprehensive Rangeland Management Plan in keeping with the District's Service Plan to preserve existing and potential agricultural operations. The Rangeland Management Plan has been reviewed by the County of San Mateo Farm Bureau. This report outlines the objectives of a ten-year Rangeland Management Plan and the terms and conditions of a five-year District grazing lease with an option to extend the term for an additional five years. R-12-80 Page 2 DISCUSSION The District purchased the POST Bluebrush Canyon property in June of 2009. The District Board of Directors adopted a Preliminary Use and Management Plan for this addition to the District's open space preserve system. The property was leased to a local grazing operator, Tom Pacheco, on a month-to-month basis for cattle grazing. This grazing lease was assigned to the District at the time of purchase. Under the terms of the existing lease, Mr. Pacheco has been running a seasonal cow-calf operation on approximately 260 acres of grassland and shrub land areas suitable for cattle grazing(referred to in this report as the Bluebrush Canyon Grazing Unit (Attachment 1). For the District to maintain uninterrupted grazing on these properties following the principles of"conservation grazing", implementation of a Rangeland Management Plan (Attachment 2) and District grazing lease (Attachment 3) is required. This report outlines the objectives of a ten-year Rangeland Management Plan and the terms and conditions of a five-year District grazing lease with an option to extend the term for an additional five years. Rangeland Management Plan The Rangeland Management Plan for the Bluebrush Canyon Grazing Unit has four main objectives. The first objective is to maintain uninterrupted grazing on the property following the principles of"conservation grazing". The existing tenant will continue to graze the properties with a maximum estimated 165 Animal Unit Months (AUMs)on Bluebrush Canyon typically from May to November. Mr. Pacheco will have the option of grazing throughout the remainder of the year if ample livestock water and forage are available without negatively impacting habitat value or water quality. The District performance standards for residual dry matter(RDM) are the same standards set forth by the US Department of Agriculture Natural Resources Conservation Service(NRCS)to enhance the habitat value of the grasslands while reducing the fire fuel load. The second objective is to control non-native, invasive plants species on the property. The District will work closely with a certified pest control advisor and the tenant and/or contractor to identify, ma and treat infestations n theproperty. There are minor infestations f milk thistle o0 p� bull thistle, and poison hemlock on the property. Additionally, coyote brush encroachment into grasslands is reducing the grassland habitat. Specific brush encroachment zones have been identified and will be treated to preserve the integrity of the grasslands. The third objective is to protect and enhance riparian and aquatic habitat on the property. Bluebrush Canyon is bordered by Lobitos Creek to the south and Purisima Creek to the north. There are two ponds on the property. Cattle access to Lobitos Creek is restricted by steep terrain and dense vegetation. Cattle access to Purisima Creek is currently limited by a fence in one location but additional fencing is required to restrict access to the rest of the stream. Cattle access will be limited to events when the tenant moves cattle from one side of the creek to the other for management purposes once the remaining fence is built. Both stock ponds on the property are small in size and seasonally hold water. The fourth objective is to develop or improve ranch infrastructure on the property to enhance the ease and benefit of the livestock operation and improve wildlife habitat value. The District will work with the current tenant and/or contractor to repair and strengthen the perimeter fencing and R-12-80 Page 3 add new fencing along Purisima Creek. The corral facility that services these properties is located on the north side of Purisima Creek near Purisima Creek Road and is fairly small and in poor operating condition. The option of developing a new, larger corral on the property will be evaluated with the potential for relocating them to a better location as well as making them available for use to the District's grazing tenant on the neighboring Elkus and Lobitos Ridge properties. Additionally, drinking water for livestock is sufficient on the property,but additional troughs may be installed near Purisima Creek once cattle access to the creek is restricted. Coastside Protection Program Process The Bluebrush Canyon property is located within the Coastside Protection Area. The San Mateo County coastal annexation process, the District's Service Plan for the Coastside Protection Area and subsequent conditions approved by the San Mateo County Local Area Formation Commission (LAFCo) established a number of policies and procedures for implementing the District's Coastside Protection Program. The Program now guides the District's purchase, use, and management of open space land within the Coastside Protection Area. The Program requires consultation with interested public agencies, officials, organizations, and community interest groups to solicit input into the decision-making and planning process prior to the Board's consideration of significant decisions regarding use or improvements on District-owned lands within the Coastside Protection Area. To comply with the District's Service Plan for the Coastside Protection Area, the Rangeland Management Plan for the Bluebrush Canyon Grazing Unit was considered and discussed by the San Mateo County Farm Bureau at its June 7, 2012 meeting. AMENDMENT TO PRELIMINARY USE AND MANAGEMENT PLAN The proposed project consists of amending the Districts Preliminary Use and Management Plan for the Bluebrush Canyon addition to Purisima Creek Redwoods Open Space Preserve to allow for the continuation of cattle grazing under specific prescriptions and range management practices set forth in the Rangeland Management Plan, by award of a five-year lease to the current grazing tenant. CEQA COMPLIANCE Project Description The proposed project consists of implementation of a ten-year Rangeland Management Plan (Plan) for the Bluebrush Canyon Grazing Unit, which encompass 260 acres between Purisima and Lobitos Creeks in coastal San Mateo County, California. The property was purchased by the District in June of 2009 and is within the Coastside Protection Area, an area that was annexed into District boundaries in 2004. The project therefore incorporates all of the San Mateo County Coastal Annexation Final Environmental Impact Report (FEIR) mitigation measures that apply to agricultural land management within the Coastside Protection Area and is subject to the FEIR mitigation monitoring program. R-12-80 Page 4 Bluebrush Canyon has undergone production agriculture with approximately 143 acres of annual grass rangeland on the property that has been continually grazed during the spring and summer months for at least 15 years. The goal of rangeland management on the Bluebrush Canyon Grazing Unit is to preserve, protect, and enhance the biotic values of the properties, while continuing to utilize the land as an agricultural resource. The Rangeland Management Plan requires that any subsequent pond maintenance and grazing infrastructure improvement projects, as well as road projects adjacent to ponds or streams, incorporate specific prescribed Best Management Practices (BMPs) for work in or near aquatic habitats. These BMPs include habitat and species protection measures including seasonal limited operating periods, restrictions on the use of mechanized equipment, and biological monitoring. The Rangeland Management Plan also incorporates BMPs for erosion control from the District's Details and Specifications Guidelines. Federal, state, and local permits will be acquired for all major earth work projects (defined as those requiring the use of a bulldozer or excavator or resulting in cut or fill volumes of 150 cubic yards or greater). CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA under Article 19, Sections 15301 and 15304 of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, restoration, 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. The Rangeland Management Plan and lease will result in negligible expansion of the current use. Section 15304 exempts minor public or private alterations in the condition of land, water, or vegetation that do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. The Rangeland Management Plan identifies riparian protection measures to minimize impact to riparian corridors and to protect riparian vegetation. No grazing activity may be undertaken in this area. TERMS AND CONDITIONS Retention of Current Grazing Tenant Staff recommends that the Board approve entering into a five-year grazing lease with a five-year option to extend the lease with the current grazing tenant, Tom Pacheco. Mr. Pacheco is a local operator with years of experience and familiarity with coastside ranching in San Mateo County. He has the necessary qualifications to run a grazing operation consistent with the Rangeland Management Plan and the District's resource management objectives. Further, the District's Service Plan discourages displacing current operators of agricultural lands purchased by the District provided that the operator has an interest in staying on and a willingness to work with the District in running the operation in a manner that supports the District's public use and resource management goals. R-12-80 Page 5 Grazing Lease Terms and Conditions The lease term is for five (5) years, extendable for an additional five(5) years at the District's election, if the tenant is willing, on the terms and conditions set forth in the grazing lease. The effective date of the grazing lease will be September 1, 2012. Annual rent under the previous grazing lease assigned from the POST to the District was $165.00 per month or$1,980.00 per year. First year rent under the District lease will be $2 805.00 per year. It is calculated as Y Y p Y follows: Bluebrush Canyon - 33 AUMs per month for five months (May-November) = 165 AUMS Total Grazing Capacity= 165 AUMS Per AUM Rent= $17.00 Rent for first lease year= 165 AUM X$17.00= $2,805.00 Rent will be adjusted annually thereafter to reflect any changes in the authorized grazing season, grazing capacity, and fluctuations in the market price of beef cattle from year to year. Annually, the market rate for cattle is determined b averaging the sale rice of 500-800 lb steers Y g g P and heifers in the month of June. As a result, the AUM rates determined by the District follow trends in the local beef market. The District will inform the grazing tenant by July 151h of each year of the per AUM rent for the subsequent lease year. Under the lease terms, the grazing tenant has the option to terminate the lease by giving written notice no later than August 151h if the per AUM rent for the subsequent lease year will not enable the grazing tenant to conduct an economically viable grazing operation. In the event of such termination, the grazing tenant shall be allowed ninety(90) days following receipt of the written notice to vacate the grazing unit. If no termination notice is given by the grazing tenant, the District shall notify the grazing tenant in writing by November 151h the authorized grazing capacity, grazing season, and annual rent. Rent is paid in two payments, one in January and one in July. Rent credit for performance of work by the tenant may be granted on a case-by-case basis for improvements to the ranch infrastructure, such as repairing perimeter fencing or constructing a new fence. Rental credits may not exceed the annual rent for the grazing unit. The tenant is required to manage and operate the grazing unit according to the prescriptions and range management practices set forth in the Rangeland Management Plan. BOARD COMMITTEE REVIEW Committee review of this item is not needed. BUDGET CONSIDERATIONS The annual revenue for the Bluebrush Canyon Grazing Unit is variable and agreed to between the District and tenant annually by November 151h. For this first grazing season, the rent is $2,805.00. R-12-80 Page 6 Rental credits are expensed and variable each year. At the beginning of the grazing season, suggested rental credits are agreed to and budgeted, but as the year progresses, weather and unforeseen circumstances can change rental credit priorities. For this first grazing season, the District and tenant will agree upon a set of rental credits that will be reflected in the midyear budget. PUBLIC NOTICE Written notice of this item has been sent to property owners of land located adjacent to or surrounding the Preserve, as well as to Coastside public officials, community interest groups, nonprofit land trusts, conservation-oriented organizations, elected officials, government agencies, and government sponsored organizations within the Coastside Protection Area. NEXT STEPS If the Rangeland Management Plan and the District grazing lease are approved by the Board of Directors for the Bluebrush Canyon Grazing Unit, staff will notify Mr. Pacheco of Board approval of this item and subsequently enter into a five year lease. Attachments: 1. Resolution 2. Map 3. Rangeland Management Plan, Bluebrush Canyon Grazing Unit 4. Grazing Lease Bluebrush Canyon Grazing Unit, Purisima Creek Redwoods Open Space Preserve i Responsible Department Head: Michael Williams, Real Property Manager Prepared by: Elaina Cuzick, Real Property Specialist Kirk Lenington, Natural Resources Manager Clayton Koo mane Rangeland Ecologist yt p � g g Contact person: Elaina Cuzick Graphics prepared by: Alex Roa, GIS Planning Technician RESOLUTION NO. 12-XX i A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE GRAZING LEASE FOR THE BLUEBRUSH CANYON GRAZING UNIT OF THE PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve: Section One. The District may, under the provisions of Section 5540 of the Public Resources Code, lease property owned by the District, and the Board of Directors hereby finds that lease of a portion of the Purisima Creek Redwood Open Space Preserve for grazing and range management purposes is compatible with park and open space purposes, and finds the lease of such premises (referred to as the Bluebrush Canyon Grazing Unit) to be in the public interest on the terms hereinafter set forth. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District approves the grazing lease between Midpeninsula Regional Open Space District and Tom Pacheco, a copy of which is attached hereto and by this reference made a part hereof, and does hereby authorize the President or other appropriate officers to execute said lease on behalf of the District. Section Three. The General Manager or the General Manager's designee is hereby authorized to negotiate and approve the exercise of an additional 5-year option of the grazing lease as set forth in the grazing lease. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the completion of such transactions. The General Manager shall report in writing on any such exercise of an option to continue the subject grazing lease to the Board of Directors at the meeting immediately following the exercise thereof. elks '�' �``" {.� ,s #�'Y' ' v Purlalma Creek., - edwooda if, Purism*G S ;it „41 art, t Bluebruah Purlalma Bard K114,. Canyon 4. Grating Creek .2.02 Bald Kno Ana POS x G` North C well e, Conaervatlo Eaaemetnf►• LRb�� Q Elkus Ranch ' _ Uplands ft G POST a t ti r o ell •, >: n rvatlon Ease n00 f ' 1 • • '• •• OPEN • • • • N SPACE ATTACHMENT 3 Open Space I WdpeninSula Regional Open Space District Rangeland Management Plan Bluebrush Canyon Grazing Unit Purisima Creek Redwoods Open Space Preserve Introduction The Bluebrush Canyon property encompasses 260 acres between Purisima Creek and Lobitos Creek, in coastal San Mateo County, California. Bluebrush Canyon was acquired in 2009, by the Midpeninsula Regional Open Space District(District) from Peninsula Open Space Trust(POST). The property is currently grazed as a single unit by a grazing tenant. This document details the current and prescribed conditions for rangeland management associated with the renewal of the grazing lease. It describes the District's plan for continued livestock grazing, resource management, and maintenance prescriptions. A summary of biotic resources on the property is included. Property Description The ranch is located on the south side of Purisima.Creek Road approximately 3 miles east of Highway I and the Pacific Ocean, respectively(Exhibit 1). On its eastern side, Bluebrush Canyon is located immediately across Lobitos Creek from the former POST (Forde)property, now part of Purisima Creek Redwoods Open Space Preserve(the Preserve); therefore, it provides a natural western extension of the Preserve across the canyon and then linking to the District-owned Lobitos Ridge and Elkus Ranch Uplands properties. Rising to an elevation of almost 1,200 feet, the property possesses unparalleled views of the coastline and the western Santa Cruz Mountains, and likewise is highly visible from the surrounding coastal lowlands. Lobitos Ridge, separating the watersheds of Purisima. Creek to the north and Lobitos Creek to the south, is a prominent west-trending ridgeline defining the open yet rugged, rural landscape of the region. A prominent rocky scarp marks where the La Honda Fault bisects the property in a north/south direction. Starting at its Lobitas Creek boundary, the coastal landscape of Bluebrush Canyon dramatically changes from redwood/fir forest to grazed rolling grasslands, steep brushy canyons, fallowed crop land, and lush creek corridors that represent the diversity of coastal San Mateo County. Production agriculture and livestock grazing have been practiced on Bluebrush Canyon for decades. The property provides valuable, regionally-limited habitat for both common Page 1 OpenSpace I Midpeninsula Regional Open Space Dstf�ct and special-status plants and wildlife. Bluebrush Canyon contains 0.65 miles of perennial stream frontage along Purisima and Lobitos Creeks which support well- developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy(Steelhead migration from the Pacific Ocean) in extremely wet years, though migration is limited by large culverts near Highway 1. California red-legged frogs occur in the creeks and their tributaries, and the San Francisco garter snake potentially utilizes this prey base. Grasslands, although heavily dominated by introduced pasture grasses, are relatively weed-free and potentially can be managed to increase their native component. Finally, the property provides stunning views and a potential future coastal trail connection. Prior to POST's 2006 purchase, Bluebrush Canyon was owned by the Decesare family, who had occupied the property for over 50 years. The home still exists on the property and is leased out under a residential lease agreement, separate from the agricultural lease. Mr. Tom Pacheco, a descendant of the Decesare family, currently leases the property from the District to conduct seasonal cattle grazing and pasture horses while maintaining the property's roads and water infrastructure. Mr. Pacheco runs a seasonal cow/calf operation during the spring and summer months. According to the California Department of Conservation's Farmland Mapping and Monitoring Program (FNIMP)2008 update, the property does not contain Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Approximately 199 acres are shown in the FMMP as suitable for grazing, with the balance shown as "other lands"comprised of steep scrublands. San Mateo County soils maps show that about 11 acres between Purisima Creek and Purisima Creek Road meet the Local Coastal Plan/ Service Plan definition of"Prime Agriculture" as lands well suited to the cultivation of irrigated agricultural crops. Although it may have been fanned historically, this I I-acre area is currently fallowed with no irrigation infrastructure. Gatzman Consulting Services, an agricultural consultant hired by the District to evaluate the agricultural condition of the property, suggests that farming the location would not be economically feasible and that it is better suited for livestock grazing. The 1985 Purisima Creek Adjudication Decree No. 278007 and subsequent modifications (the Decree) authorizes the owners of the Bluebrush Canyon property to use the waters of Purisima Creek and its tributaries, though the water must be used in accordance with the restrictions in the Decree. For the Bluebrush Canyon property, the Decree authorizes first priority rights to 333 1/3 gallons per day for domestic use. When the flow of Purisima Creek at the Purisima Creek Road upper bridge exceeds 0.750 cubic feet per second, second priority users may take water. The Decree authorizes second priority rights to 333 1/3 gallons per day for domestic use, and to 20,350 gallons per day to be used for irrigation on 25 acres. The property has 3 diversion points indicated on the Decree's map. The property's primary water system currently collects water from springs on the upper Page 2 OpenSpace ( Midpeninsula Regional Open Space District property and stores it in on-site tanks as the water source for domestic and stock watering purposes. Plan Objectives The goal of rangeland management on Bluebrush Canyon is to preserve,protect, and enhance the biotic values of the properties,while continuing to utilize the land as an agricultural resource. This plan ensures progress towards this goal through the following short-term objectives: 1) Maintain uninterrupted grazing following the principles of conservation grazing; 2) Control invasive plant species and agricultural weeds; 3) Protect sensitive riparian and aquatic habitats; 4) Develop a plan to improve water infrastructure for livestock use and wildlife habitat and evaluate costs. Range Facilities and Conditions Bluebrush Canyon is currently grazed under the management of Tom Pacheco. Mr. Pacheco runs a seasonal cow/calf operation during the spring and summer months, rotating his 60 to 70 head on the 99 acres of grasslands. Fencing is present along the property perimeter and in several additional areas to separate the property into three pastures. Cattle are moved on and off the ranch by fording Purisima Creek to access a small holding pen and corral. Exhibit 2 shows the current ranch infrastructure including fencing, improved spring,water troughs, corral, and roads. Fencing Livestock-tight perimeter and cross fencing is adequate on the property except in the holding pen along Purisima Creek Road and along the southern edge of Purisima Creek (see Exhibit 5). The small corral consists of one paneled pen within the small holding pen on the north side of Purisima Creek. The corral is undersized for the operation and is positioned on the bank of Purisima Creek leaving it subject to flooding as well as increasing the potential for discharge of sediment and nutrients into the stream. Water Sources Water availability to livestock is sufficient on the Bluebrush Canyon property. Available sources include two seasonal stock ponds (discussed below) and a developed spring which feeds two water troughs year around as well as providing potable water to the residence located on the property. The spring feeds the two stock water troughs before filling a 2,500 gallon water storage tank which provides water via gravity to the residence. The water tank is subject to sediment loading and leaks which have caused rutting along the main access road to the ranch. Purisima Creek is fenced to limit livestock access at the creek crossing. Livestock may only access Purisima Creek while in the holding pen on the north side of Purisima Creek. Two to four horses are currently kept in the holding pasture. The horses will be moved into a new, designated horse Page 3 OpenSpace I Midpeninsula Regional Open Space Oistfict pasture once fencing and water are developed. The horse pasture may be occupied by working ranch horses only and not used for companion or retired horses. Biotic Resources This section provides descriptions of the biotic habitats occurring on Bluebrush Canyon, lists the special-status species potentially associated with these habitats, and identifies key resource management concerns, including sensitive biotic resources, on the property. Field data were collected during reconnaissance-level surveys conducted by District staff during Spring and Summer 2009, a one-day herpetological assessment by Biosearch Associates in June 2009, and a stream survey conducted by Eric Remington in 2007. A brief review of published data on known distribution of special-status species in the vicinity, including the status of steelhead trout in Lobitos Creek was also conducted. No focused surveys for special-status species were conducted. Note: Exhibit 3 shows individual habitat type areas and acreages. California Annual Grassland/Coastal Scrub Transition Approximately 61 acres of grassland was mapped on Bluebrush Canyon. Grasslands dominated by wild oat(Avenafatua), ripgut brome(Bromus diandrus), and soft chess(B. hordeaceus) occur on ridges and gentle to moderate slopes throughout the property. These grasslands are typical of grazed soils in the coastal zone,which benefit from high moisture deposition from fog. Clay-loam soils can be highly productive with this relatively high moisture content and support dense growth of pasture grasses, hindering the establishment of native annual forbs. Native perennial grasses can persist in undisturbed(untilled) areas or on steep, thin, less productive soils. Bluebrush Canyon grasslands are primarily underlain by relatively productive, loam or clay-loam soils of the Gazos and Lobitos series, were likely tilled in the past, and have supported grazing operations for some time. Significant stands of native grasses were not observed. Grassland species composition on Bluebrush Canyon is particularly impacted: velvet grass (Holcus lanatus) is present along the ridgeline, and even less productive soils are heavily dominated by introduced species. Areas where cattle congregate, such as around seasonal ponds and near creek crossings, are heavily invaded by thistles, including milk thistle(Silybum marianum),bull thistle(Cirsium vulgare), and bristly ox-tongue(Picric echioides). A significant remnant of native grassland, dominated by California oatgrass(Danthonia californica), is located in the upper pasture area of the Bluebrush Canyon property, adjacent to Lobitos Ridge in the vicinity of a large gully. Associated herbaceous species Page 4 RagiAAek penSpace I Midpeninsula Regional Open Space District include pale flax(Linum bienne) and English plantain (Plantago lanceolata), with western rush(Juncus occidentalis), and Kellogg's yampah (Perideridia kelloggii) in more mesic areas. Grassland/Open Coyote Brush Stands Approximately 103 acres of open coyote brush stands were mapped on the property which is also suited well for livestock grazing. Succession in coastal grasslands, if uninterrupted by natural or artificial disturbance,results in transition to coastal scrub. These transition areas contain a mix of coyote brush(Baccharis pilularis)and grassland plant species, and,because they are open yet relatively inaccessible to cattle, can be quite weedy. Velvet grass in particular can dominate the herb layer of open coyote brush scrublands, and both French broom(Genista monspiessulana) and pampas grass (Cortaderia selloana)were observed within this habitat on the properties. Halting this transition should be a priority on the Purisima to Sea properties both from a grazing and a botanical standpoint. However, wildlife, in particular grassland birds, thrive in the transition zone of grassland to scrubland due to the abundance of perch sites, cover, and forage. Approximately 61 acres of this habitat type was mapped on Bluebrush Canyon. Coastal Scrub (Mesic Coyote Brush Stands) Mesic Coyote Brush Stands form the most abundant of the shrub-dominated habitats on the Purisima-to-Sea properties. Approximately 87 acres of this habitat, which is more commonly known as coastal scrub, occur on Bluebrush Canyon. Coastal scrub is differentiated from coyote brush transition areas and coastal-sage chaparral in that it occurs primarily on north-facing slopes and shady canyons and is co-dominated by shade-tolerant species such as California blackberry(Rubus ursinus), ocean spray (Holodiscus discolor),California honeysuckle(Lonicera hispidula var. vacillans), and black twinberry(L. involucrata var. ledbourii). Mesic Deciduous Shrubland Mesic Deciduous Shrublands comprise impenetrable thickets of American dogwood (Cornus sericea), oso berry(Oemlaria cerasiformis),ocean spray, and poison oak (Toxicodendron diversilobum), among other species,which inter grade with arroyo willow and red alder along creeks, in steep canyons, and north-facing slopes. There is little open ground in this habitat type, as herbs such as mugwort(Artemesia diouglasiana), cow parsnip(Heracleum lanatum), California figwort(Scrophularia californica), and hoary nettle(Urtica diocia ssp. holocericea) thickly colonize the understory. Where cattle congregate for shade and water, this habitat can be exceedingly weedy, with poison hemlock (Conium maculatum), and various thistles dominant. Approximately 3.5 acres of this habitat type occur on Bluebrush Canyon, along the upper reaches of tributaries to Purisima and Lobitos Creeks. Page 5 OpenSpace I Midpeninsula Regional Open Space District Riparian Forest and Scrub Arroyo willow scrub and red alder riparian forest comprise key sensitive habitat areas on the Purisima-to-Sea properties. On Bluebrush Canyon, arroyo willow scrub occurs on the upper tributaries to Purisima Creek and on three tributaries to Lobitos Creek; approximately 19 acres of this habitat type are mapped on the property. Arroyo willow (Salix lasiolepis) is frequently the sole dominant here, although red elderberry(Sambucus racemosa var. racemosa) is a common component of the dense overstory. Riparian habitat is well-developed along Lobitos Creek and is classified as red alder riparian forest;Alnus rubra is the dominant here,with arroyo willow and big leaf maple(Acer macrophyllum) also present. Ocean spray, snowberry(Symphoricarpos albus), gooseberry(Ribes spp.), thimbileberry(Rubus parviflora), and salmon berry(R. spectabilis) are common understory shrubs. Redwood Forest Approximately 16 acres of Redwood Forest occur in the extreme eastern portion of Bluebrush Canyon. Within the study area this community is present on upland slopes that drain into Lobitos Creek. In addition to coast redwood(Sequoia sempervirens), tanoak(Lithocarpus densiflorus) and Douglas fir(Pseudotsuga menziesii var. menziesii) are also present as members of the overstory. Understory species characteristic of this community include California huckleberry(Vaccinium ovatum), evergreen violet(Viola sempervirens), baneberry(Actea rubra), forget-me-not(Myosotis latifolia), spotted coralroot (Corallorhiza maculata),helleborine (Epipactis helleborine*), false Solomon's seal (Smilacina stellata), and star flower(Trientalis latifolia). A unique Xeric Scarp plant community intergrades with redwood forest as elevation increases in the northeastern portion of Bluebrush Canyon. Soils are thin and sandy in this area, and hard,weathered shale bedrock is occasionally exposed. Bluebrush, madrone(Arbutus menziesii) and, most notably, golden chinquapin(Chrysolepis chrysophylla)dominate this uncommon habitat. Eucalyptus Forest Approximately 3 acres of this habitat tYpe occur on Bluebrush Canyon, a remnant of a prior land-use when blue (Eucalyptus globosus,) and other types of Eucalyptus were commonly planted as windbreaks or for milling. Native plants are typically excluded from Eucalyptus forest due to heavy litter loads and allelopathic: effects of the oils contained in them. However, Eucalyptus on the coast does provide habitat for nesting raptors in the absence of other tall trees, and may support overwintering monarch butterflies. Perennial Creeks Purisima and Lobitos Creeks form the northern and southern boundaries of the Bluebrush Canyon property and are a dominate feature of the landscape. Purisima Creek consists of about 7.9 stream miles and drains a watershed of about nine square miles. It flows west, Page 6 OpenSpace I Midpeninsula Regional Open Space District entering the Pacific Ocean south of Eel Rock. Lobitos Creek consists of about five stream miles and has a watershed of about four square miles. It flows southwest, entering the Pacific Ocean at Martins Beach. Both creeks support extensive riparian vegetation and provide high-quality wildlife habitat, including non-breeding habitat for the California red-legged frog. Ponds Two ponds occur on Bluebrush Canyon, both of which are seasonal. Pond characteristics and enhancement recommendations are described in detail below. Pond locations are mapped in Exhibit 2 along with ranch water infrastructure. Table 1. Characteristics of p nds on the Bluebrush Canyon Pro pe ty Preliminary Pond Location Size(11) Maximum Hydrology Management ID Depth(ft) Recommendations 4a Bluebrush Canyon 30 x 30 1.5 Dry by August Maintain as seasonal (Willow Spring Pond) typically pond;enhance for (2009). Held CRLF breeding habitat water year around(2010). 5 Bluebrush Canyon(Dry 30 x 30 4 Dry by June Maintain as seasonal Pond) pond;enhance for CRLF breeding habitat Special Status Species Special Status Plants Focused surveys for special-status plants were not conducted. Special-status plants potentially associated with the grassland community throughout the Bluebrush Canyon property include Coast yellow leptosiphon(Leptosipon croceus; CNPS List I B.1), and Gairdner's yampah(Perideridia gairdneri; CNPS List 4.2). However, the lack of intact coastal prairie on the two properties likely precludes the occurrence of these species. Mesic deciduous shrubland could support the special-status plant western leatherwood (Direa occidentalis). Special-status plant species potentially occurring within Coastal Scrub on the property include California androsace(Androsace elongate ssp. acuta; CNPS 4.2), coast rock cress (Arabis blepahrophylla; CNPS 4.3), Kellog's horkelia(Horkelia cuneata ssp.sericea; CNPS I B.1), San Mateo tree lupine(Lupinus eximius; CNPS 3.2), Choris's popcorn- flower(Plagiobothrys chotisianus var. chorisianus; CNPS I B.2), and coastal triquetrella (Triquetrella californica; CNPS List I B.2). Page 7 OpenSpace I Mid peninsula Regional Open Space District Special Status Wildlife California red-legged frog(Rana draytonii), a federal and state listed threatened species, was observed in a tributary to Lobitos Creek on the Lobitos Ridge property(Eric Remington,pers. comm. February 2009), a neighboring District owned property. Also on Lobitos Ridge, a permanent pond in a tributary to Purisima Creek currently provides suitable breeding habitat (Biosearch Associates 2009), and the extensive riparian forest and mesic habitats adjacent to it provide high-quality upland habitat for this species. Frogs may also traverse grasslands and other open areas,particularly during their spring dispersal period. Neither of the ephemeral ponds on the Bluebrush property were observed to hold water long enough into the dry season to provide suitable breeding conditions for CRLF in 2009(Biosearch Associates 2009). Individual frogs could utilize seasonal ponds for foraging or sheltering habitat during the winter. Their potential as breeding habitat should be improved by increasing the duration of ponding. Ponds must hold water at least through August to ensure successful metamorphosis. Pond 4a("Willow Spring Pond")appeared to hold water all year in 2010. Further surveys would be needed to determine the hydrology of this pond and its potential for providing CRLF breeding habitat. Ponding duration can be increased by lining the basin with bentonite clay, which reduces water absorption into the soil; or by enlarging or dredging the basin to increase water holding capacity. San Francisco garter snake(SFGS) (Thamnophis sirtalis tetraenia), a federal and state endangered and state fully-protected species,potentially occurs on the Bluebrush Canyon property. According to Biosearch Associates(2009), neither of the ephemeral ponds on the Bluebrush Canyon property was observed to hold water long enough into the dry season to provide suitable breeding conditions for SFGS. The adjacent grasslands and open scrub provide suitable habitat for basking and cover, and nearby ponds(off the subject properties)provide the metapopulation matrix thought to be required for this species. Additional surveys and analysis is necessary to determine the status of SFGS on this property. Due to the difficulty of definitively determining presence or absence of the specie and the presence of suitable habitat, regulatory agencies require that SFGS be considered potentially present on the property. Therefore precautionary actions are prescribed in this plan to address the potential for take. Steelhead trout(Oncorhynchus nrykiss) Various life-stages of rainbow trout, the non-migratory form of O. nrykiss, have been observed in both Purisima and Lobitos Creeks. Purisima Creek is inaccessible to migratory fish due to a 30 foot waterfall at the Pacific Ocean. Nevertheless, Becker and Reining(2008) report that Purisima Creek has offered"fine fishing," since the early 1900's; stocked steelhead and rainbow trout were observed by the California Department of Fish and Game(CDFG) in 1934. Purisima Creek apparently now supports a self- Page 8 Open pace I Midpeninsula Regional Open Space District sustaining population of resident rainbow trout, despite sediment problems in the downstream reach. According to a recent status report, CDFG considers the Highway I and Verde Road crossings of Lobitos Creek to be total passage barriers (Becker and Reining 2008)to anadromy. CDFG records indicate that rainbow trout have been stream-reproducing in Lobitos Creek since the 1920's; O. mykiss was reportedly stocked in the creek during that time period. A 1975 survey report states, "Lobitos Creek presently supports a minimal rainbow trout/steelhead resource. Steelhead usage appears to be restricted to the lowermost 0.2-mile reach because of fish passage problems." However, recent surveys (2006) by CDFG revealed multiple O. mykiss year classes upstream from the Highway I crossing; it is likely that Steelhead may intermittently gain access to Lobitos Creek. Regardless of the migratory status of the trout in Lobitos Creek, this stream provides high-quality spawning and rearing habitat for O. mykiss. Grazing Management Plan Objective 1: Maintain uninterrupted grazing following the principles of conservation grazing. The property may be grazed on a seasonal (defined below) or year-round basis, depending on operational needs, resource management considerations, and livestock water availability, among other factors. Specific details on grazing timing and duration will be determined in consultation with the District Rangeland Ecologist. Guidelines regarding stocking rates and rotation are provided below. Prescriptions: 0 Graze cattle at approximatelyl.65 total Animal Unit Months(AUM)on Bluebrush Canyon,preferably distributed as 30-35 AUM from May through November for an average production year. Grazing may begin earlier or end later depending upon the feed conditions for the season and the tenant's grazing needs. Cow/calf pairs are suited to the property(i.e. —33 pairs for 5 months). Grazing during the winter months, December through March, is acceptable but not recommended due to the risk of damage to roads and trails. Additional seasonal road maintenance maybe required if cattle are grazed year around on Bluebrush Canyon. 0 Available livestock water and available forage will be monitored by District representative and will determine the length of the grazing season. Performance standards for residual dry matter measurements are included below per average slope: Page 9 RRgdonit openSpace 1 MidpenmSula Regional Open Space District 0 to 30% slopes: an average minimum of two inches to three inches of residual dry matter—approximately an average of 600-1,000 pounds per acre per NRC S and UCCE definition. Greater than 30% slopes: an average minimum of three to four inches of residual dry matter—approximately an average of 1,000-1,200 pounds per acre per NRCS and UCCE definition • Tenant may graze properties throughout the summer and fall months to achieve the recommended RDM levels provided sufficient, off-stream livestock water is available. Alternative water development options will be explored, improving the existing spring and storage system, adding water troughs, and maintaining the existing stock ponds. • Midpeninsula Regional Open Space District reserves the right to terminate the lease agreement giving 60 days notice to the tenant if the tenant fails to adhere to the predetermined RDM standards or if the property is left with an average of greater than 2,000 pounds of RDM at the end of a grazing season. Additionally, the tenant may be removed from the property if grasslands are grazed below the prescribed RDM levels without consent of the District Rangeland Ecologist. Fluctuations in forage production occur annually and the tenant will work with the District representative to achieve the prescribed RDM levels each year. Objective 2: Control invasive plant species and agricultural weeds. Prescriptions: 0 Thistle and other invasive plant species are present in varying locations and densities from season to season depending on precipitation and temperature. Approved treatment methods include prescribed grazing, mowing, hand removal, burning, and herbicide application. Herbicide application may be performed by the grazing tenant, District staff,or a contractor provided they are in compliance with all herbicide application regulations, follow the District Pest Control Recommendation, possess an Applicator's License, and report herbicide application to the District in addition to the county. In addition, tenant must get prior approval from the District before applying herbicide. 0 Surveys during the 2010 season detected poison hemlock, bull thistle, milk thistle, pampas grass, and Italian thistle as target species. Locations of 2010 infestations are designated on Exhibit 3. The tenant will work cooperatively with the District Rangeland Ecologist seasonally to locate areas of concern and determine the appropriate method(s) for treatment. Page 10 0 penSpace I Midpeninsula Regional Open Space District Dense patches of non-native velvet grass(Holcus lanatus) are distributed throughout the grasslands,particularly in gentle slopes with deeper soils. Research into effective velvet grass treatment measures is needed, followed by treatment of the infestations. 0 Coyote brush is prevalent in dense, well established patches throughout the property. While the well established, dense coyote brush stands provide valuable edge habitat for birds, encroachment of coyote brush into grasslands limits the available forage for livestock, reduces grassland habitat areas, and creates an increased wildfire fuel load. Areas of brush encroachment may be treated with herbicide by the grazing tenant, District staff, or contractor then broken up using a tractor and drag bar the following season once they have dried. Additional brush treatments, including mowing and goat grazing may be considered. Critical areas of brush encroachment recommended for treatment are designated on the map in Exhibit 4. Objective 3: Protect riparian and aquatic habitat. Prescriptions: 0 Avoid operating or use of mechanized equipment(excluding passenger vehicles) within 200 meters of stock ponds when aquatic habitat(i.e. standing water) is present. If machinery must be used within 200 meters of a pond,the vehicle use must be monitored by a second person to alert the operator of the presence of San Francisco garter snake and California red-legged frog. 0 Continue to control cattle access to Lobitos Creek. The Lobitos Creek riparian corridor is confined from livestock access as a result of topography, and a natural brush and vegetation barrier. Fencing may be required in the event that the brush barrier becomes breached by fire,trampling or other occurrences. 0 Continue to control livestock and horse access to Purisima Creek. A livestock holding field is located on the south edge of Purisima Creek while a smaller holding pen and corral lie on the north side of Purisima Creek(Exhibit 5). A gate on the south side of Purisima Creek exists to control livestock access to the creek. However, the current tenant keeps horses in both holding fields and leaves the gate open allowing them continual access to Purisima Creek. The horses should be removed from the premises and the gate should remain closed when the crossing is not being utilized to move cattle from one side of Purisima Creek to the other. This creek crossing is essential to the livestock operation and must Page 11 Open Space i MfdpentnSula Regional Oper Space District remain,provided limited utilization by livestock and vehicle traffic. Options to improve the creek crossing in Purisima Creek for cattle movement and limited vehicle access will be considered. If the grazing tenant requests to keep horses on the property,not more than two horses will be allowed to remain on the property permanently. A designated horse pasture along Purisima Creek Road has been identified in Exhibit 5. Utilization of this currently fallow field for a horse pasture would require installation of a new fence along Purisima Creek to eliminate access by livestock in addition to a water trough. The fence should be built a minimum of 10 feet from the top of the stream bank to create a vegetative buffer between livestock and the strewn channel. As necessary, develop wildlife-friendly off-course water troughs and control cattle traffic using gates/fencing to avoid adverse impacts to ponds and streams. Current fencing is adequate but continued monitoring of aquatic features should occur to ensure sustained habitat health. Existing water trough locations and infrastructure are designated in the map in Exhibit 2. Installation and placement of additional water troughs will be dependent upon available water on the property. Potential trough locations include the holding pasture on the south side of Purisima Creek and near the Willow Spring Pond in the Lobitos Creek watershed. Objective 4: Develop or improve ranch infrastructure for livestock use and wildlife habitat. Prescriptions: 0 All ground-disturbing activities, including road maintenance projects, fencing installation, and other infrastructure improvements, should take place during the dry season(April 15-October 15). 0 District is allowed to use and maintain the existing small ponds(Pond#4a and#5) but not develop any additional stock watering ponds in the Purisima Creek watershed. Pond#5 will be maintained and improvements made to enhance habitat value and increase water holding capacity for livestock and wildlife drinking water once a biological assessment is completed and proper permits are obtained. Pond#4a is a very small, shallow pond that is fed by a natural spring. This pond currently requires no maintenance. The overflow water from this pond may be diverted into a water trough to provide livestock drinking water. Page 12 RQ�3p Rot penSpace I Midpemnsula Regional Open Space District 0 Ponds containing threatened or endangered species or potential habitat for these species may be partially fenced to reduce the threat of trampling and to preserve an area of undisturbed vegetation to protect frog egg masses while still allowing livestock access for drinking water. Ponds will be assessed by a biologist and partial fencing of the ponds will be based on the vegetative diversity,habitat value, and species presence or non-presence in each pond. 0 Routine maintenance and habitat improvement projects at existing ponds shall be implemented by the tenant as needed, in exchange for rent credit. The District representative shall be informed in advance of all pond repair and maintenance projects. All major earth work projects(defined as those projects requiring use of large mechanized equipment such as a dozer or excavator, or those in which greater than 150 cubic yards of material is cut or filled)may require local, state, and federal permits. Minor earth work projects should be performed according to the Best Management Practices described in Appendix A. 0 Assess corral area currently located on the north bank of Purisima Creek approximately 100 yards west of the residential structure. The corral is small and inadequate for the operation. A new, larger corral may be constructed in the holding field south of Purisima Creek. This corral facility could potentially serve Lobitos Ridge and Elkus Ranch Uplands as well. An alley way should be constructed from the new corral, across the existing creek crossing and into the existing Bluebrush Canyon corral facility. The existing corral facility would be utilized to load and unload livestock for the property. This would allow trucks and trailers easy access to load and unload livestock without having to cross the creek. The creek crossing should receive limited use, only when cattle are being moved from one side of Purisima Creek to the other or for emergency/limited vehicle access. 0 Work with tenant and/or contractor to repair perimeter fencing as needed. Existing perimeter fence is adequate for the current tenant. The fence along Purisima Creek Road in the north holding pen is currently sufficient but should be replaced as soon as possible to improve ranch aesthetics and reduce the risk of cattle escaping onto Purisima Creek Road. A large gully is present on the west border of Bluebrush Canyon along the Lobitos Ridge fenceline. The fence is suspended over the gully but steep terrain restricts cattle movement between properties. If the gully changes or restoration work occurs, this fence will need to be replaced or repaired. 0 Assess need for improvements to existing ranch roads including routine maintenance, culvert installation,brushing and grading. Determine whether all existing roads are needed, and if not, develop a decommissioning strategy. The Page 13 OpenSpace Midpeninsula Reg onai open Space Dstnct District may perform this work or may opt for the tenant to perform minor grading and maintenance work, including brushing, in exchange for rent credit. 0 The District shall install minor public access improvements such as self-closing gates and signage as may be desirable. Further infrastructure modifications needed for compatibility with public access should be addressed in the future Comprehensive Plan process. 0 District staff will complete brush clearing and necessary grading to keep open the access road(easement) on the northeast comer of the property. The current access traverses a neighbor's bridge and yard. Landscape vegetation from the neighbor's yard occasionally grows into the access lane and limits vehicle access. The District will contribute to the maintenance responsibilities on the easement, including bridge maintenance as needed, with the neighbor who owns the property. Maintenance cost sharing by the District will be based on a percentage of use by District staff, contractors and tenants as compared to the property owner's use. Additional Prescription 0 Conduct all predator control according to District, local and state regulations. Problem animals interfering with livestock operations shall be handled through the District's Operations Department in cooperation with County Animal Control or the California Department of Fish and Game. Tenant will report all dead livestock to District staff immediately upon discovery. District staff will then investigate and select an appropriate course of action. Grazing Operation Details This plan takes effect upon the District's execution of a signed lease with a tenant and approval by the MROSD Board of Directors. The rangeland management will be conducted according to the Preliminary Use and Management Plan, of which this Rangeland Management Plan is a part. Lessees will operate under the Rangeland Management Plan and Grazing Lease, attached. Grazing practices shall conform to the Grazing Lease, University of California Cooperative Extension guidelines for Moderate forage utilization(residual dry matter at 800-1,000 lbs/acre), District Resource Management policies, and the animal units specified herein. These policies and practices not only guide the vegetation management by livestock,but also ensure the protection of the biological resources of the Bluebrush Canyon property, including preservation of potential aquatic and upland habitats for California red-legged frog and San Francisco garter snake. Page 14 aR.g1 OpenSpace 1 Midpeninsula Regional Open Space District APPENDIX A BEST MANAGEMENT PRACTICES All Road/Infrastructure Maintenance and Repair Projects shall incorporate best management practices for erosion control from the District's Standards and Specification Guidelines. All such projects shall be planned and implemented by,or in cooperation with,the District. If implemented by the tenant(for rental credit), the District Representative shall ensure that the proposed project incorporates the appropriate BMPs for erosion control. Pre-construction Surveys Prior to any road or infrastructure improvement project, the project site will be surveyed by District biologists to determine if special-status species, or their habitat, is present. Construction in and around aquatic habitat is subject to additional restrictions, as described below. Maintenance/Improvement of Water Control Structures: 1) Periodic vegetation removal to maintain berm/dam integrity o Removal of woody vegetation should be done by hand crews using hand saws or chain saws. o All vegetation removal should occur during the months of August through October,or when seasonal ponds are dry. 2) Minor earth work to repair small erosion problems or leaks (Build-up of earthen berms to prevent future erosion or over-topping and to repair minor breaches or erosion in an otherwise sound berm and/or spillway structure). o All earth work should be carried out using hand tools or a small tractor. o All earth work should occur during the months of August through October, or when seasonal ponds are dry. o Imported or soil obtained on site may be used. Soils shall be carefully selected to minimize visual or ecological impacts. o All equipment should be staged in previously-disturbed areas and kept out of the pond basins to the maximum extent possible. o Avoid driving or use of mechanized equipment within 200 meters of stock ponds when aquatic habitat(i.e. standing water) is present. If vehicles must be used within 200 meters of a pond, the vehicle use must be monitored by a second person to alert the operator of the presence of San Francisco garter snake and California red- legged frog. Page 15 led#enid ICI OpenSpace ' Midpeninsula Regionai Open Space District o For minor earth work projects where permanent aquatic habitat is present within 200 meters(600 ft), a District biologist should be present for all work activities. The biologist will stop work if sensitive wildlife is present. A Service-approved biologist will remove the animal to a safe location, if required. 3) Major earth work to substantially repair or rebuild breached or heavily deteriorated dams or spillways(See pond excavation and recontouring,below). Pond Excavation and Re-contouring Ponds that have become filled with sediment or have otherwise limited water- holding capacity should be excavated to restore ponding depth and duration. This action both increase livestock water availability and improves habitat for CRLF. This and other major earth work(such as major berm repair)would be conducted using an excavator or dozer. • All federal,state,and local permits must be obtained prior to implementation of major repair, excavation or re-contouring projects. A grading plan and permit will be required. Contact the District representative to begin the planning process. • If possible, the grading plan should provide for an as-built ponding depth of at least six feet. • If possible, the grading plan should provide for the recontouring of shallow 'bench' habitat(maximum ponding depth <24 inches) around the pond margins. • All earth work should occur during the months of August through October, or when seasonal ponds are dry. • Worker environmental awareness training should occur prior to project implementation. • For those projects where permanent aquatic habitat is present within 200 meters(600 ft), a District biologist should be present for all work activities. The biologist will stop work if sensitive wildlife are present. A Service-approved biologist will remove the animal to a safe location, if required. • Excavated material should be hauled off-site or deposited locally in an area with minimal visual or ecological impacts. • All equipment should be kept out of the sensitive areas (except when required by project design). Page 16 Re goon al OpenSpace ( Midpentrisula Regional Open Space District Pond Physical Inspections Pond physical condition inspections should occur every 1-3 years,preferably when the ponds are inundated to determine priority management projects and should include: o Berms, spillways, drain pipes,ponding depth, and condition of the adjacent uplands o Inspections for breaches, leaks, deteriorating berms,overgrowth of woody vegetation, impacts from excessive cattle trampling o Maintenance activities should be recorded in logbook or database. Page 17 __ I m ., s, Purlstma Creek. �`d edwoods ikon f:, a Ct 41 Purl8lma e�id xnop r *� Creek z�oi .a r" t Redwoods { Bald Kna Area . - ,♦ Q• tax T �» : Blue Brush - - POSt+r Canyon (, North C well 08 .: .. Conservatlo Easemen(oP LRl dge ,r -1,W � Elkus Ranch E: 7 ,a Uplands 's° k Roan tee° POST .,� �� • {} �` , . � C .SOU all } ons rvatlon Ease nt 36 I • - -� •1- • � � � OPEN ' N SPACE t.. « n c a-- w Y R e r y r R .. r a Exhibit 2 Midpeninsula Regional Open Space District r Water Trough • Pond Water Line (MROSD) +w Water Trough proposed O Tank Cross Fencing e March, 2011 1 9 Spring ! Existing Corral _ _^i Blue Brush Canyon Property Feet 0 1,000 2,000 While the District strives to use the best available digital data,this data doesnot represent a legal survey and is merely a graphic illustration of geographic features. Acres Habitat Type Native Grassland 19.1 Riparian Forest ''•• +i 3.5 ® Mesic Deciduous Shrubland 61.1 Grassland / Coastal Scrub Transition Heavy Thistle / 87.3 - Coastal Scrub(Coyote Brush Mesic Stands) '; ® ' Pond 102.8 - Coyote Brush Open Stands k 15.7 Redwood / Evergreen Forest .,-spring A` 2.6 L---J Poison Oak Series e� * 2.7 j Eucalyptus Series 8 j Land Use / Unvegetated v � c " 3423.9 feet (0.65 mile) of Perennial Stream Frontage 6. *F3 w h a � Q m k m Xeric Scarp oy Cr � r 11 � m Creek tedwo - s 3 a m d U �I E g U y O a c� r m a Exhibit 3 Midpeninsula Regional Open Space District - MROSD Q Blue Brush Canyon e March 2011 Other Public Agency 0 5G0 00 000 Fee' . 1.000 2 1 3 40 x f4 r c Milk h L x f t • { � Q J5 r ..t .. V . NA CA R A # r. v n• Exhibit 4 Midpeninsula Regional Open Space District Blue Brush Canyon Property (MROSD) - Coyote Brush Open Stands (Coyote Brush / California Annual Grasslands) e March, 2011 • Feet 0 1,000 2,000 While the Di,trict strives to use the best available digital data,flus data does not represent a legal survey and is merely a graphic ittustratron of geographic features. 1 r f • r. v • r � C v♦fib Qom' • L ' 0 3— _ c c m P ri ima re k en 5 ace Pr Exhibit 5 Midpeninsula Regional ---�-- Cross Fencing w Proposed Water Trough 0 Livestock Loading/Unloading Corral Open Space District (MROSD) Proposed Fencing Creek Livestock Watering 77] Proposed Corral Fence Needing Replacement v Tank H Gate March, 20© � Water Line Feet o zso soo White to District strives to use the best avar a e digitaldata,this data does not represent a ega survey an is merely a graphic r ustration o geographic features. ATTACHMENT 4 GRAZING LEASE BLUEBRUSH CANYON GRAZING UNIT PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE 1. RANGELAND MANAGEMENT PLAN............................................................................3 2. PREMISES............................................................................................................................3 3. TERM..................... ........4 4. RENT.....................................................................................................................................5 5. TAXES...................................................................................................................................7 6. ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION..7 7. ANNUAL STOCKING AND WORK PROGRAM...........................................................9 8. USE OF PREMISES.............................................................................................................9 9. ENTRY AND INSPECTION BY DISTRICT.................................................................. 11 10. MAINTENANCE OF IMPROVEMENTS................................................................... 11 11. ALTERATIONS............................................................................................................. 11 12. TERMINATION FOR BREACH OR DEFAULT...................................................... 12 13. SURRENDER OF PREMISES...................................................................................... 14 14. ASSIGNMENT AND SUBLETTING........................................................................... 14 15. INDEMNIFICATION.................................................................................................... 14 16. INSURANCE................................................................................................................... 14 17. ABANDONMENT.......................................................................................................... 14 18. WAIVER OF RELOCATION BENEFITS.................................................................. 15 19. UTILITIES...................................................................................................................... 15 20. NO RIGHT TO REPAIR AND DEDUCT.................................................................... 15 21. GENERAL PROVISIONS............................................................................................. 15 SUMMARY OF GRAZING LEASE TERMS This is a summary("Summary") of the principal terms and conditions of the Grazing Lease. Each item below shall be deemed to incorporate all of the terms and conditions set forth in the Grazing Lease pertaining to such item. In the event of any conflict between the information in this Summary and any more specific provision of the Grazing Lease, the more specific Grazing Lease provision shall control. Landlord: Midpeninsula Regional Open Space District Tenant: Tom Pacheco ;Term: Five (5) year Initial Term commencing 5epte-gibe r L-2-0 1-2 ("Commencement Date") Grazing Season: Seasonal(Annual adjustments thereafter pursuant to Section 6 of the Grazing Lease). First Year Grazing Capacity: -1-65--AUMs (Annual adjustments thereafter pursuant to Section 6 of the Grazing Lease). Use: Cattle grazing and authorized adjunct activities First Year Rent: S2,805,00(Annual adjustments thereafter pursuant to Section 4 of the Grazing Lease). Rent Payment Date: Bi-annual payments on January 2 nd and July 3 1 District Contact Information: Tenant Contact Information: Primary Contact: Real Property Specialist Primary Contact: Tom Ilacheco Tel: (650) 691-1200 Tel: (650) 747-0682 Alternate: Skyline Area Superintendent Alternate Contact: Doug Edwards(650) 245-6808 Tel: (650) 949-1848 Alternate Contact: Walter Pacheco (650) 726-2558 Notice Addresses of District: Notice Address of Tenant: Midpeninsula Regional Open Space District Tom Pacheco Attn: Real Property Specialist P.O. Box 3192 330 Distel Circle Half Moon Bay, CA 94019 Los Altos, CA 94022 With a copy to: MROSD—Skyline Field Office Attn: Area Superintendent 21150 Skyline Boulevard La Honda, CA 94020 2 GRAZING LEASE THIS GRAZING LEASE ("LEASE") IS MADE BY AND BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT("DISTRICT") AND THE UNDERSIGNED GRAZING TENANT("TENANT") UPON THE FOLLOWING TERMS AND CONDITIONS: 1. RANGELAND MANAGEMENT PLAN District has prepared a grazing management plan for the Premises("Rangeland Management Plan"), incorporated herein by this reference as Exhibit A, and has provided Tenant with a copy of said Rangeland Management Plan. Tenant hereby acknowledges receipt thereof. Tenant shall manage and use the Premises throughout the Term in a good and proper manner, according to approved methods of range management and grazing practice as more specifically set forth in the Rangeland Management Plan, and as may be established and modified from time to time by District. The Rangeland Management Plan serves this Lease as a management tool for developing and implementing range activities in accordance with and complementary to the District's overall land management, resource administration, public use, and other open space policies, guidelines and goals. The Rangeland Management Plan may be amended by District from time to time, with Tenant's input,and any such amendment by District shall be effective upon thirty(30)days written notice to Tenant thereof. 2. PREMISES (a) Premises. District leases to Tenant, and Tenant leases from District, upon the terms and conditions herein, those certain tracts of land specifically defined and delineated in the Rangeland Management Plan(the"Premises"). (b) Reserved Rights. Tenant's use of the Premises is subject to all existing easements, servitudes, leases and rights of way for ditches, levees,roads,public utilities,pipelines and any other purposes,whether of record or not,and including the right of District to authorize its directors, officers, employees, agents, and volunteers to use the Premises for District purposes. District reserves the right to use the Premises for all public open space purposes, including but not limited to natural resource restoration and management, natural resource monitoring, road grading, mowing, plowing, seeding, fertilizing, prescribed burning and performing any other appropriate or customary seasonal work. District further specifically reserves the right to make use of all roads and trails on the Premises for patrol,maintenance and such other uses as District may reasonably desire to make of such roads or trails. District also reserves the right to make the Premises open to the general public for low intensity open space recreation, subject to reasonable restrictions as determined by District, and including the right to construct trails,public trailhead facilities,and other facilities for such public use purposes. (c) As Is Condition of Premises. District makes no warranties or representations to Tenant concerning the suitability of the Premises for grazing purposes. Tenant represents and warrants that Tenant has conducted a thorough and diligent inspection and investigation of the Premises and the suitability of the Premises for Tenant's intended use. Tenant is fully aware of the needs of its grazing operations and has determined, based solely on its own inspection, that the Premises are suitable for its operations and intended use. Tenant acknowledges,agrees to,and hereby accepts,the Premises in their present condition,"AS IS, 3 I WITH ALL FAULTS", without representation or warranty of any kind, and subject to all applicable laws, statutes, ordinances, rules and regulations governing the use, occupancy, management,operation and possession of the Premises. Without limiting the foregoing,this Lease is made subject to any and all covenants,conditions,restrictions,easements and other title matters affecting the Premises,or any portion thereof,whether or not of record. Tenant acknowledges and agrees that District, including without limitation its directors, officers, employees and agents, has not made, and District hereby disclaims making, any representations or warranties, express or implied,concerning Y(i) an title or survey matters affecting the Premises; (ii) the physical, geological or environmental condition of the Premises including without limitation,and notwithstanding any provisions of the Rangeland Management Plan, the availability, suitability, sufficiency, or existence of any sources of water, livestock watering system, or water rights of any kind; (iii) the present or future capacity or suitability of the Premises for livestock grazing; (iv) the feasibility, cost or legality of constructing any improvements on the Premises if required for Tenant's use as permitted under this Lease; (v) the condition of any fences, roads, gates or range improvements; or (vi) any other matter whatsoever relating to the Premises or its use, including, without limitation, any implied warranties of fitness for a particular purpose. (d) Withdrawal of Premises. Pursuant to Public Resources Code §5563, District hereby reserves the right,at any time,to reduce the size of the Premises leased hereunder, in whole or by any portion thereof, should the District Board of Directors (`Board") by ordinance determine to use such lands for park,open space or other District purpose inconsistent with Tenant's use, in which case the Lease shall terminate its use as to those lands so identified. District will notify Tenant of the tentative scheduling of any agenda item for Board consideration to act under Section 5563, as to the Premises,no less than ninety(90)days in advance of the meeting proposed for consideration of such an item. Should less than the entire Premises be removed from the Lease pursuant to this Section,the animal unit months ("AUM"), as hereinafter defined, and as permitted hereunder, and the corresponding rental amount,shall be reduced proportionate to the reduction in the area,based on acreage,subject to the Lease. In the alternative, Tenant may elect to terminate the Lease in its entirety and shall have no further rights or obligation hereunder except as to those matters specifically identified as surviving such termination.In the event of such early termination,Tenant's sole claim against District shall be to a pro-rata refund of any grazing rent actually paid in advance, if any such rent has been paid for the next lease year. 3. TERM (a) Term. The Premises are leased for an initial five(5)("Initial Term")beginning Septeniberl, 2012 ("Commencement Date") and expiring on the last day of the Grazing Season on the final year of the Initial Term,unless extended as provided for herein. Provided Tenant is in compliance with the terms,covenants,and provisions of this Lease(including the Rangeland Management Plan), District may elect to extend the Lease for one additional five (5) year period ("Subsequent Term"), for a maximum total Term of no more than ten (10) years, unless the Lease is terminated by District or Tenant as otherwise provided for herein. The Subsequent Term shall expire on the last day of the Grazing Season on the final year of the Subsequent Term. Collectively,the Initial Term and Subsequent Term are referred to herein as the"Lease Term". 4 i (b) Grazing Capacity and Grazing Season. The definition of the"Grazing Capacity"and the "Grazing Season" for all purposes of this Lease is that set forth in Section 6 of this Lease.. Tenant will graze the Premises only during the Grazing Season and in compliance at all times with the authorized Grazing Capacity. Tenant may go on to the Premises during other times of the year(the"Off-Season")to conduct activities reasonably related to permitted grazing, including infrastructure maintenance and repair and related to such new leasehold improvements as may be authorized in writing by District. c Termination of Lease at End of Term. District or Tenant may terminate this Lease at the O Y end of the Initial Term. This right of termination is in addition to any and all rights of termination by District or Tenant as set out herein. (d) Possession. Tenant agrees that in the event of the inability of District to deliver possession of the Premises at the Commencement Date, District shall not be liable for any damage caused thereby nor shall this Lease be void or voidable, but Tenant shall not be liable for Rent(as described hereunder)until such time as District offers to deliver possession of the Premises to Tenant. The Term of the Lease shall not be extended by any such delay. 4. RENT (a) Lease Year Rent. Each year during the Term, Tenant shall pay to District annual rent ("Rent")as payment for grazing on the Premises. Rent for the first year of the Initial Term is the amount set forth in the Summary ($2,805.00). Rent shall be adjusted on the Commencement Date of each lease year thereafter "Annual Adjustment of Rent" as set Y ( )J forth below. Rent shall be payable in two lump sum payments,and shall be aid on or before pY p pYm P the dates set forth in the Summary("Rent Payment Date")at the address shown for District in the Summary. Rent shall be paid in advance without demand, deduction, offset or counterclaim whatsoever except as may otherwise be specifically permitted herein. Rent shall be paid in full when due and payable regardless of whether or not any livestock are grazed upon the Premises,or whether or not the Premises are grazed at the Grazing Capacity authorized for any lease year. (b) Annual Adjustment of Rent. Rent shall be adjusted upward or downward for each lease year depending upon the Grazing Capacity,Grazing Season,and per AUM rental rate as set out in Exhibit B for the Premises, as determined by District prior to the beginning of the Grazing Season, and on whether the average selling price of beef cattle is higher or lower than the corresponding average selling price for the preceding lease year ("Rent Adjustment"). Tenant shall be notified by the District on or before July 151h of each current lease year of the new per AUM rental rate for the next lease year. Rent Adjustments will be calculated pursuant to the formula set forth in the Calculation of Annual Grazing Rent, attached hereto and incorporated herein as Exhibit B of this Lease. (c) Rent Credit for Performance of Work. Tenant may request permission from District to substitute performance of work("Work")on the Premises,and only such matters for which Tenant is not otherwise obligated or responsible, in lieu of all or a portion of cash rental payments by the following procedure and subject to the following conditions: 1) Prior to commencing any such Work,Tenant shall submit a written proposal to District for approval of specific Work and shall provide an estimate of the value of such Work (Exhibit Q. 2) District shall review such Tenant proposal and value estimate, and may elect, in its sole 5 discretion, to authorize the performance of such Work, or may counter the offer of Tenant, either as to the scope of Work or valuation thereof. If acceptable to Tenant, District may authorize the performance of such Work in lieu of all or a portion of Rent in the agreed upon amount. Any such authorization shall be in writing and signed by a duly authorized District representative or shall be of no force and effect. 3) In the event District approves specific Work to be performed by Tenant in lieu of all or a portion of Rent,all such Work shall be performed in a timely and professional manner,to the reasonable satisfaction of District. 4) Tenant shall notify District upon completion of the authorized Work and shall arrange for inspection of such Work by District. If District, after inspection, accepts the Work as fully and correctly performed,it shall authorize,in writing,that such Work be substituted for all or a portion of Tenant's Rent obligations in the agreed upon amount. If District determines that the Work has not been fully or correctly performed,it shall notify Tenant of the deficiencies and Tenant shall have a reasonable period of time to correct the identified deficiencies. Tenant shall thereafter notify District and request further inspection. 5) Tenant may thereafter apply the credit authorized herein to Rent accruing under this Lease. 6) In no event shall credit for Work performed in lieu of Rent exceed the amount of Rent due for the remainder of the then current Term and any excess claimed may not be carried over or otherwise applied to rental obligations arising thereafter. Should District terminate this Lease for any reason permitted hereunder, District shall, prior to the full application of any such credit to Rent due,reimburse Tenant for Work that was approved by District and correctly performed by Tenant,provided that District's termination of this Lease is not due to a material default or breach of Tenant that results in a determination by a court of competent jurisdiction that any such credit accrues to the benefit of the District. 7) Nothing contained herein shall be construed to make Tenant an employee or agent of District and Tenant shall be and remain an independent contractor. 8) The type of work that may be considered for rental credit shall include but not be limited to: (i) Road brushing, minor grading, and maintenance (ii) Invasive plant treatment (iii) Repairing perimeter fencing and constructing new fencing. (iv) Stock water improvements (d) Late Charge. Any Rent received by District five(5)or more days past the Payment Date on which such amount was due, shall be subject to a penalty of 10% of the amount due to District, and Tenant shall pay such additional sum concurrently with the late payment. (e) Livestock Lien. Tenant hereby acknowledges that all Rent not paid on a Payment Date set herein shall become a lien on any and all livestock located on the Premises as authorized by California Civil Code§3080,etseq.,and District shall have the right to take possession and retain all such livestock, without resort to additional legal proceeding, until all unpaid amounts are satisfied in full. 6 5. TAXES Tenant agrees to be responsible for,and to pay promptly when due,all possessory interest taxes and any other such taxes that are assessed on the basis of this Lease or the grazing operations permitted hereunder. Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against Rent payable under this Lease. Taxes assessed on any personal property of Tenant shall be solely the obligation of Tenant. 6. ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION (a) Definition of Grazing Capacity. Grazing capacity, for all purposes herein, is the level of livestock use allowed on the Premises consistent with forage production, resource conservation,and open space preservation objectives(the"Grazing Capacity"). The unit of measure of Grazing Capacity shall be the animal unit month("AUM"),defined herein as the amount of forage,equivalent to 1,000 pounds of dry,herbaceous plant material,necessary to sustain a mature cow for a period of one month. District shall regulate the kind and number of livestock and the amount of time the Premises are grazed by same,to assure conformity to Grazing Capacity estimates. (b) Procedure for Establishing Annual Grazing Capacity and Grazing Season. The Grazing Capacity and Grazing Season for the Premises for the first lease year is that set forth in the Summary. The procedure for establishing the Grazing Capacity and Grazing Season thereafter shall be: 1) District shall conduct an annual range assessment of the Premises to identify areas District considers suitable for grazing and to estimate the available forage production for the forthcoming lease year. Tenant will be provided an opportunity to participate in this annual range assessment. 2) Residual Dry Matter(RDM)targets described in Section 6(g)herein shall be subtracted from the estimated total amount of available forage within the Premises to determine how much forage is available for livestock to consume in an average year,a wet year,and a dry year. The District's determination of Grazing Capacity and corresponding Grazing Season for the Premises shall be based upon the estimated forage production in an average rainfall year and may be subject to change by District. 3) Prior to November 15`h of each year, District shall notify Tenant in writing of the authorized Grazing Capacity and Grazing Season for the Premises ses for the forthcoming lease year. The notice shall set forth any required changes to Tenant's range management methods or grazing practices in accordance with the Rangeland Management Plan, and shall also list any natural resource management or other range or open space management activities appropriate for the Premises during the forthcoming lease year from which Tenant may propose to do Work, as defined in Section 4(c). 4) Subject to the provisions of Section 6(c) through 6(g) below, the authorized Grazing Capacity for the Premises shall remain the same throughout the lease year. (c) District as Sole Judge of Grazing Capacity and Grazing Season. At all times District shall be the sole judge as to the Grazing Capacity and Grazing Season of the Premises and any pasture thereof. In determining the Grazing Capacity and Grazing Season of the Premises or any pasture thereof,District may take into account,by way of example only and without limitation thereby,such factors as erosion control,re-forestation,native and invasive vegetation, water quality, fisheries, wildlife, recreation or any other conditions that may 7 affect the use, operation, and conservation of the District's lands for open space purposes. (d) Emergency Reduction of Grazing Capacity. At any time and from time to time, District may reduce the authorized Grazing Capacity or Grazing Season or impose a full or partial grazing moratorium in the District's discretion when such action is necessary or appropriate due to an emergency that poses a threat to the physical or environmental condition of the Premises. Written notice of any such reduction will be given by District to Tenant,who shall have ten (10) days in which to implement the reduction. In implementing such reduction, Tenant may either(i)reduce animal numbers,or(ii)feed weed-free hay of good quality at the equivalent of three (3) AUMs per ton fed. In the event Tenant desires to use option (ii), Tenant shall first obtain District's written approval. In giving such approval, District may require Tenant to concentrate all or part of the livestock into selected areas for feeding and control. In the event of such reduction, the Rent shall be adjusted pursuant to Section 4(b) hereof. (e) Exceeding Grazing Capacity Without Authorization. Tenant shall limit the number of livestock to be grazed upon the Premises and the period of use so that the authorized number of AUMs is not exceeded. Should the Premises, or any portion thereof, unintentionally be grazed in excess of the authorized number of AUMs,Tenant shall immediately remove all or such number of livestock as are necessary to comply with the Grazing Capacity authorized by District. In addition to all other rights which District may have or exercise under this Lease, in the event that Tenant grazes the Premises in excess of the authorized Grazing Capacity, the charge per AUM shall be three(3)times the annual Rent provided for in this Lease for each AUM or portion thereof grazed in excess of said authorized number, for any length of time,such amount being hereby agreed upon as the liquidated minimum damages to District from such excess usage and District shall be entitled to prove and be awarded any greater damage amount,or other relief sought,by a court of competent jurisdiction. Tenant shall pay such amount to District promptly upon demand. (f) Minimum Residual Dry Matter(RDM)Requirements. Residual dry matter("RDM"),as used herein, is a measure of the amount of dry vegetation left on the ground, typically measured at the end of summer or in the fall, prior to rainfall. The height in inches of standing vegetation remaining on the ground is a general indicator of RDM levels;however the pounds per acre measurement shall be used for the purposes of monitoring and enforcing minimum RDM requirements. The District has set the following minimum RDM requirements for the Premises depending upon average slope: 1) On 0%to 30%slopes,the average minimum RDM shall be 800—1,000 pounds per acre, or approximately 2 to 3 inches of standing vegetation. 2) On slopes greater than 30%,the average minimum RDM shall be 1,200 pounds per acre, or approximately 3 to 4 inches of standing vegetation. A layer of RDM shall be maintained by Tenant throughout the Grazing Season to minimize soil erosion and enhance both the quality and quantity of forage produced. Tenant and District acknowledge that localized over-utilization will occur adjacent to watering facilities, corrals,and salting areas. As such,these areas will not be used to determine the RDM levels of a pasture. If the RDM levels drop below the amounts specified above,District shall notify Tenant,and Tenant shall immediately remove all livestock from the affected pasture(s)until 8 such time as District determines that such pasture(s) have recovered sufficiently for restocking. 7. ANNUAL STOCKING AND WORK PROGRAM Tenant and District Rangeland Ecologist shall prepare an annual stocking and work plan("Stocking and Work Program")prior to the beginning of each Grazing Season. No later than-December 1st of each year, Tenant shall deliver to District Rangeland Ecologist a proposed Stocking and Work Program, in a form substantially similar to the example thereof contained in the Rangeland Management Plan that shall include information on the number and type of all livestock proposed to be grazed upon the Premises during the forthcoming Grazing Season. The Stocking and Work Program shall set forth the number of AVMs to be stocked on each pasture,based on current forage conditions and the Grazing Capacity and the forthcoming Grazing Season established by District, and shall specify all proposed management activities related to herd health, pest control, infrastructure maintenance,and/or the development of range resources that may be warranted for the conditions and circumstances on the Premises. The range management work proposed by Tenant shall be in full conformance with the Rangeland Management Plan.Within fifteen(15)working days of receipt of the Stocking and Work Program, District Rangeland Ecologist shall notify Tenant in writing whether it is acceptable. If unacceptable, District shall state in its notice all changes to be made to the Stocking and Work Program. Tenant shall incorporate all changes into the Stocking and Work Program and resubmit it to District for approval. 8. USE OF PREMISES (a) Tenant's Permitted Use. Tenant may use the Premises for the uses specified in the Rangeland Management Plan, and for no other purpose or use without the prior written consent of District,the exercise of which shall be in its sole discretion. Livestock grazed on the Premises must be either owned by the Tenant or grazed under the direct supervision of Tenant. (b) Land Management and Forage Utilization. Tenant shall distribute or rotate livestock throughout the Premises as specified in the Rangeland Management Plan and Tenant's annual Stocking and Work Program approved by District. Tenant shall maintain optimum distribution of livestock over the Premises by distributing or rotating livestock among the pastures to obtain uniform range utilization minimize overgrazed areas and reduce the overall fire hazard. Tenant shall maintain in good condition and repair all cross-fences and gates that define any pasture, and shall distribute salt blocks uniformly throughout the Premises. Tenant shall maintain any developed livestock watering system in good condition and repair. Tenant shall conduct grazing activities, and use the Premises in accordance with, sound rangeland management practices,including,but not limited to,those standards and practices set forth or referenced in the Rangeland Management Plan, and shall otherwise conduct livestock grazing operations in a safe, responsible, professional and environmentally protective manner. (c) Grazing Within Premises. Tenant shall, at all times, prevent livestock from trespassing onto lands owned or managed by District on which Tenant is not authorized to graze, into areas within the Premises excluded from the authorized grazing areas,or upon any adjacent third-party lands,whether private or public. Notwithstanding the foregoing,nothing in this subsection (c) shall be construed to require Tenant to install additional fencing on the Premises beyond that required elsewhere in this Lease or by the Rangeland Management 9 Plan. (d) Supplemental Feeding. Subject to verbal authorization from the District's Rangeland Ecologist and Area Superintendent or other authorized District representative,Tenant may provide supplemental feed to maintain the health and vitality of permitted livestock. Tenant may not conduct supplemental feeding on the Premises to prolong grazing use in areas where the forage levels specified in the approved annual Stocking and Work Program have been reached or exceeded. Any supplemental feed shall be certified to be free of non-native, invasive plant materials, commonly known as"weed free"feed or forage. (e) Health of Livestock. Tenant covenants and warrants that all livestock on the Premises shall be in general good health and physical condition and that they have been inoculated with all appropriate vaccinations according to good husbandry practice. Tenant will cull the grazing herd of all diseased or otherwise unhealthy livestock in a prompt and responsible manner. (f) Disposal of Livestock Carcasses. Tenant shall remove from the Premises, or bury on the Premises in a manner and location satisfactory to District,any and all livestock that may die on the Premises. Tenant shall immediately notify District upon discovering any dead livestock on or near the Premises. Tenant's notification shall state the proposed method and location for disposing of the dead livestock. The proposed method and location shall be subject to approval by District and may include permission to discharge firearms on the Premises in furtherance of the disposal. (g) Motorized Vehicles and Heavy Equipment. Tenant acknowledges that use of roads and vehicle accessible trails and areas of the Premises, both during and immediately following wet weather carries the potential for serious degradation of road and ground surfaces, including but not limited to,rutting and erosion.Tenant shall refrain,to the maximum extent feasible consistent with reasonable grazing practices, from using motorized vehicles on the Premises during wet conditions. All motorized vehicle use by Tenant during wet conditions is restricted to the use of balloon-tired, all-terrain vehicles. All motorized vehicles and equipment used by Tenant on the Premises must be outfitted with appropriate spark arrestors and mufflers. No heavy equipment, including, but not limited to bulldozers, backhoes, excavators, or trenchers is allowed to cross or operate on the Premises without District's prior written consent. District may, in its sole discretion, close any or all roads, or promulgate and enforce use restrictions on road use for resource management, erosion control,law enforcement purposes,or other purposes necessary or appropriate for the sound management of the Premises, by providing Tenant with prior written notice thereof. (h) Weed and Pest Control. Except as set forth in Section 8(d) above, District will have the right,but not the obligation, at its sole cost and expense, and in its sole discretion as to the manner,time or extent of such efforts for the control of noxious weeds and animal pest son the Premises. Tenant shall fully cooperate with District in any programs designed to control or eradicate weed and pest populations,including relocation of livestock if necessary.District shall provide Tenant with at least 48 hours notice, verbal or written, prior to the commencement of such control programs. Tenant shall not introduce any noxious vegetation onto or about the Premises. In no event shall District be liable to Tenant for the presence or introduction of noxious vegetation or animal pests on the Premises. (i) Hazardous Substances. Tenant is absolutely prohibited from transporting, mixing, generating, applying, storing, or disposing of herbicides, pesticides, rodenticides or any hazardous substances, except for equipment and vehicle fuel and fueling operations typical 10 for use in grazing operations,upon the Premises without the prior express written consent of District. Fuel will be kept in properly sealed containers, suitable for the substance, and all fuel transfer operations will be conducted with sufficient care and diligence to prevent contamination of or on the Premises. (j) Compliance with Law. Tenant will comply with all applicable laws, permits, statutes, ordinances, rules, governmental orders, regulations, and requirements pertaining to the occupancy and use of the Premises, including without limitation, District Land Use Regulations and any amendments thereto. Tenant shall not use,nor permit others to use,the Premises for any unlawful or prohibited purpose or purposes except as may otherwise be specifically authorized hereunder. 9. ENTRY AND INSPECTION BY DISTRICT Tenant agrees that District and its directors, officers, employees, agents and authorized volunteers may enter the Premises at any time to inspect the Premises, or to make any changes, alterations or repairs which District in its sole discretion considers appropriate for the protection, improvement or preservation of the Premises, and to post any notice provided for by law or otherwise to protect the rights of District. Nothing herein contained shall be construed to an changes, obligate District to make es alterations or repairs to the Premises. g Y g p 10. MAINTENANCE OF IMPROVEMENTS (a) Routine Maintenance. Except as otherwise specifically set forth herein, Tenant shall, in return for approved rental credits,in a timely manner,maintain and repair all improvements related to grazing use,whether existing at commencement of the Lease or newly constructed, includingroads fences gates, livestock guards, barns buildings, structures corrals wells g � g pumps and pressure systems,spring boxes,pipelines,ponds,and water troughs,without any alterations or additions except as approved in writing by District. Tenant may maintain improvements and appurtenances that need replacement at a minimal operational level pending their replacement or reconstruction with prior written approval of District. Tenant shall not be responsible for maintenance of the Premises during the Off-season(s). (b) Emergency Road Repairs. Tenant may perform limited emergency repairs to any road that is impassable for uses authorized hereunder. Tenant must make a reasonable, good faith effort to notify District prior to commencing emergency work undertaken pursuant to this section. "Emergency"for purposes of this section shall mean imminent danger to the health or safety of humans,the natural resource values of the Premises,water bodies or structures, or to livestock permitted on the Premises hereunder. All emergency work undertaken pursuant to this section shall be performed, to the maximum extent feasible, in a manner consistent with District road repair standards. No material may be permitted to enter waterways. Tenant shall be responsible for remediation of any emergency road repair work, as such may be ordered by District or by lawful regulatory authority, including proper permitting,associated fees and charges and for any fines levied.Tenant shall not be entitled to reimbursement or rent credit for any such emergency repairs. 11. ALTERATIONS Tenant agrees to obtain and fully comply with all applicable permits, authorizations, laws, ordinances, and regulations, and to obtain the prior written consent of District before making any alterations of, changes in, or additions to the Premises. All alterations, additions and 11 1 improvements made in, to, or on the Premises, except unattached, movable fixtures, are the property of the District and will remain upon, and be surrendered with, the Premises upon termination of this Lease. 12. DISTRICT RIGHT TO TERMINATION FOR BREACH OR DEFAULT (a) District Right to Terminate for Default. District shall have the right to terminate this Lease at any time upon default of this Lease by Tenant. In the event of such earlier termination by District, Tenant shall be allowed thirty (30) days following the giving by District of written notice of termination to Tenant in which to vacate the Premises. In the event of such early termination, Tenant's sole claim against District shall be to a pro-rata refund of grazing rent actually paid in advance. (b) Default. The occurrence of any of the following shall constitute a material default under and breach of this Lease by Tenant: I) Any failure by Tenant to pay the Rent or any other monetary sums required to be paid hereunder(where such failure continues for three(3)business days after written notice to quit or pay rent by District to Tenant). 2) The abandonment of the Premises by Tenant. 3) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by District to Tenant,provided,however,that if the nature of the default is such that the same cannot reasonably be cured within said thirty(30)day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. 4) The making by Tenant of any general assignment or general arrangement for the benefit of creditors;the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy(unless, in the case of a petition filed against Tenant,the same is dismissed within sixty(60)days); the appointment of trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within thirty(30) days; or, the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease,where such seizure is not discharged within thirty(30)days. Tenant agrees that in the event of the occurrence of any of the above-specified circumstances, then this Lease, or any interest in or to the Premises, shall not become an asset in any of such proceedings. (c) Remedies. In the event of any material default or breach by Tenant,District may,at any time thereafter,and without thereby limiting District in the exercise of any right or remedy,at law or in equity,that District may have by reason of such default or breach: I) Maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due,without terminating Tenant's right to possession irrespective of whether or not Tenant has abandoned the Premises. In the event District elects not to terminate the Lease, District shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term,and to do all acts necessary to maintain or preserve the Premises as District deems reasonable and necessary without being deemed to have elected to terminate the Lease,including removal of all persons and property from 12 i the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event any such re-letting occurs,this Lease shall terminate automatically upon the new Tenant taking possession of the Premises, notwithstanding failure by District to elect to terminate the Lease initially. District at any time during the Term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. 2) Terminate Tenant's right to possession by any lawful means,in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to District. In such event District shall be entitled to recover from Tenant all damages incurred by District by reason of Tenant's default, including without limitation thereto,the following: (a)the worth at the time of award of any unpaid Rent which has been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided;plus(c)any other amount necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform any obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (d) at District's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. Upon any such re-entry District shall have the right to make any reasonable repairs,alterations or modifications to the Premises,which District,in its sole discretion,deems reasonable and necessary. As used in(a)above,the"worth at the time of award" is computed by allowing interest at the rate of ten percent(10%)per annum from the date of default. As used in (b), the "worth at the time of award" is computed by discounting such amount at the discount rate of the U.S.Federal Reserve Bank at the time of award plus one percent(1%). The term"Rent,"as used in this Section,shall be deemed to be and to mean the Rent to be paid pursuant to Section 4 hereof and all other monetary sums required to be paid by Tenant pursuant to the terms of this Lease. (d) Cumulative Rights. All rights, options and remedies of District contained in this Lease, including but not limited to the rights set out in Section 2(d)herein,shall be construed and held to be cumulative,and no one of them shall be exclusive of the other,and District shall have the right to pursue any one or all of such remedies and any other remedy or relief which may be provided for by law or in equity,whether or not stated in this Lease. No waiver of any default of Tenant hereunder shall be implied from any acceptance by District of any Rent or other payments due hereunder or any omission by District to take any action on account of such default if such default persists or is repeated,and no express waiver shall affect defaults other than as specified in said waiver. The consent or approval of District to or of any act by Tenant requiring District's consent or approval shall not be deemed to waive or render unnecessary District's consent or approval to or of any subsequent similar acts by Tenant. 13. TENANT'S RIGHT TO TERMINATE (a) If, after reviewing the average selling price of beef cattle for the month of June as set out in Exhibit B, Tenant determines that the Rent for the subsequent lease year will not enable Tenant to conduct an economically viable grazing operation,Tenant shall have the right to terminate this Lease, effective at the Commencement Date of the next lease year, by providing written notice to District at the address shown on the Summary on or before August 15`b of any lease year. In the event of such earlier termination by Tenant , Tenant 13 shall be allowed ninety (90) days following the receipt by District of written notice of termination by Tenant in which to vacate the Premises in conformity with this Lease. In the event of such early termination, Tenant's sole claim against District shall be to a pro-rata refund of any grazing rent actually paid in advance, if any such rent has been paid for the next lease year. 14. SURRENDER OF PREMISES Tenant agrees that upon termination of this Lease to promptly surrender the Premises and all appurtenances to District in the same condition as when received, reasonable use, wear and tear, damage by fire, acts of God or nature are an exception, and to remove all of Tenant's livestock and personal property from the Premises. 15. ASSIGNMENT AND SUBLETTING Pursuant to the provisions of Civil Code§1995.230,this Lease is personal to Tenant and may not be assigned, sublet or otherwise transferred by Tenant, in whole or in part, in any manner whatsoever without first obtaining the express written consent of District which may approve or disapprove such assignment,sublease or other transfer in its sole discretion based on its review and assessment of the proposed transferee's experience with grazing, especially on public lands, general business experience and financial stability on a level comparable to that of Tenant,and proposed transferee's ability to competently and timely perform all aspects of the Rangeland Management Plan. 16. INDEMNIFICATION Tenant agrees to indemnify,protect, defend, and hold District harmless from and against any and all claims, losses, damages, demands, liabilities, suits,penalties, costs, expenses(including, ! without limitation, attorneys' fees), causes of action,claims and/or judgments arising out of or arising in connection with any injury or damage to any person or property including, without limitation, District and its directors, officers, employees, agents volunteers, and guests from any cause or causes whatsoever while in, upon or in any way connected with this Lease, the Premises, or its appurtenances during the Term of the Lease. 17. INSURANCE Tenant agrees to obtain,and keep in force during the term of the Lease, all at Tenant's own cost and expense, a policy or policies of Commercial General Liability Insurance and Business Auto Coverage insurance,each in an amount of not less than$1,000,000.00 aggregate and per occurrence or accident for all covered losses. Such policy or policies shall name District as an additional insured,and evidence of such endorsement,by a duly executed Certificate of Insurance(ACORD 25- S,or a successor or comparable form,subject to prior approval by District)shall be provided District within ten(10) days of execution hereof and shall be updated thereafter as necessary. Each of the policies must contain a provision that such policy will not be cancelled or materially changed without thirty(30)days prior written notice to District. Tenant shall also comply with all applicable statutory worker compensation requirements. Upon request by District, Tenant shall direct his insurer or insurance agent to furnish District with a copy of any policy required by this Lease, certified to be a true and complete copy of the original. 18. ABANDONMENT Tenant shall be deemed to have abandoned the Premises if Tenant fails to pay any rental amount due 14 District at the times or in the manner provided, fails to observe and perform any of the other covenants or conditions of this Lease, where such failure to observe or perform continues for a period of fifteen(15)days after written notice by District to Tenant,or ceases active grazing use of the Premises for a continuous period of sixty(60)days during a Grazing Season. In the event Tenant is deemed to have abandoned the Premises, any prepaid Rent shall belong entirely to District and shall not be refunded, in whole or in part, to Tenant. 19. WAIVER OF RELOCATION BENEFITS Tenant specifically waives any and all rights to relocation benefits or assistance that might otherwise be available to Tenant upon termination of this Lease (for any reason or under any circumstances) including,but not limited to, those authorized under California Government Code §7260 et seq. or otherwise. 20. UTILITIES District shall have no responsibility or liability of any kind with respect to any utilities that may be I on or about the Premises. Tenant shall have the sole responsibility to locate such utilities and to protect them from damage. Tenant shall make all arrangements directly with utility companies for delivery, and shall timely pay for any and all utilities and services furnished to or used by Tenant, including without limitation,gas,electric,water and telephone service for all deposits,connection, installation and usage charges. 21. NO RIGHT TO REPAIR AND DEDUCT No residential tenancy is created by or permitted hereunder,and Tenant expressly waives the benefit of any existing, or subsequently enacted or set out, law,judicial or administrative decision, that might otherwise permit Tenant to make repairs or replacements at District's expense,or to terminate this Lease because of District's failure to keep the Premises, improvements,or any part thereof, in good order, condition and repair, or to abate or reduce any of Tenant's obligations hereunder on account of the Premises or improvements or any part thereof being in need of repair or replacement except as is specifically authorized pursuant to Section 4(c)hereof. Without limiting the foregoing, Tenant expressly waives the provisions of California Civil Code §1932 or any similar laws with respect to the right of Tenant to terminate this Lease. 22. GENERAL PROVISIONS (a) Amendments;Entire Agreement. Neither this Lease nor any term or provision hereof may be changed, waived, amended, discharged or terminated except by a written instrument signed by the Parties hereto or as otherwise permitted hereunder. This Lease, including the Exhibits hereto, contains the entire agreement between the Parties and supersedes all prior written or oral negotiations,discussions,understandings and agreements. The Parties further intend that this Lease shall constitute the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever(including prior drafts of this Lease or the Rangeland Management Plan and any changes therefrom) may be introduced in any judicial, administrative or other legal proceedings involving this Lease. Tenant hereby acknowledges that neither District, nor District's directors, officers, employees or agents, have made any representations or warranties with respect to the Premises or this Lease except as expressly set forth herein, and no rights, easements or licenses are or shall be acq uired by Tenant by implication or otherwise unless expressly set forth herein. 15 (b) Severability. If any provision of this Lease or the application thereof to any person,entity or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Lease,or the application of such provision to persons,entities or circumstances other than those as to which it is invalid or unenforceable,shall no be affected thereby,and each other provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. (c) Time. Time is of the essence to every term and condition hereof to which time is a material factor. (d) Governing Law and Venue. This Lease shall be construed pursuant to California law and proper venue for all purposes shall be in the County of Santa Clara. (e) Attorneys' Fees; Costs of Suit. If legal action shall be brought by either of the parties,the party prevailing in said action shall be entitled to recover from the party not prevailing the costs of the suit and reasonable attorney's fees. For purposes of this Lease,reasonable fees of attorneys employed by District shall be based on the fees regularly charged by private attorneys with an equivalent number of years of experience in the subject matter area of the law and actively practicing within the jurisdiction of District. (f) Holding Over. Tenant specifically waives the provisions of Code of Civil Procedure §1161(2). Any holding over after expiration of the Term with the express written consent of District shall be construed to automatically extend the Term of this Lease only on a month- to-month basis. All other terms,conditions and covenants of the Lease shall remain in effect during the hold over period so far as applicable. (g) Notices. Wherever this Lease provides for notices between the parties,or wherever the law requires or gives the right of serving a notice,the same shall be in writing and either served personally or sent by registered or certified mail, postage prepaid and addressed to the appropriate party as shown in the Summary. District and Tenant may at any time, in the manner provided herein, change the place or person designated for receiving notice. IN WITNESS WHEREOF the parties hereto subscribe their names. DISTRICT: TENANT: Stephen E. Abbors, General Manager Tom Pacheco Date: Date: Attest: Michelle Radcliffe District Clerk Approved as to form: Sheryl Schattz7er, General Counsel 16 I i EXHIBIT A TO I GRAZING LEASE Rangeland Management Plan (under separate cover) I I 17 i EXHIBIT B TO GRAZING LEASE CALCULATION OF ANNUAL GRAZING RENT The Lease Summary specifies the Rent to be paid by Tenant during the first lease year. For each lease year thereafter, annual Rent shall be adjusted upward or downward based upon two factors: 1 The GrazingCapacity i p tyn AUMs authorized by District for the upcoming lease year. 2) An increase or decrease in the per AUM rental rate based upon whether the average selling price of beef cattle is higher or lower than the average selling price for the preceding year. The per AUM rental rate shall be adjusted upward or downward by 50% of the percentage change in beef cattle prices. For the purpose of calculating the per AUM rental rate, the average selling price of beef cattle shall be taken as the average selling price of Medium Frame No.l Muscling Steers and Heifers, 500-800 lbs., as reported by the Cattle Marketing Information Service, Inc. (Cattle-Fax) for the month of June prior to the start of the new lease year. In the event that the average sales price of beef cattle is not obtainable in any year from Cattle-Fax as now constituted, then the average sales price to be used in determining the rental rate shall be obtained from some other authentic source to be selected by District as providing a comparable price for this purpose. EXAMPLE: Assume the Grazing Capacity authorized by the District for the first lease year is as follows: Bluebrgs13 Cagyon- 33 AUMs per month for 5_months (May November)= 165 AUMS Total Grazing Capacity= i 0 AUMS Per AUM Rent= S 17.00 Rent for first lease year= 165 AUM X$17.O0_ $2.805 The total authorized AUMs for each upcoming lease year shall be established by the District on the basis of the Grazing Capacity of the Premises as determined by District, and stocking levels shall be computed by calculating the relative forage requirements of each of the kind or kinds of livestock intended to be grazed on the Premises in any one grazing year, as expressed by the following conversion factors: 18 I, i Type of Livestock Animal Unit Months (AUMs) Adult Cow with Calf up to 6 months old 1.00 Heifer or Steer, 2 years& older(1,000 lbs. or more) 1.00 Yearling to 2-year-old(750 to 1,000 lbs.) 0.75 Weaned Calf to Short Yearling (up to 750 lbs.) 0.50 Bull 1.00 Horse 1.25 Sheep 0.20 Goats 0.20 Tenant shall use the Premises onlyfor grazing the e of livestock permitted b District under g g '� p Y the terms of the Lease. i I 19 I I EXHIBIT C TO GRAZING LEASE Rental Credit Proposal Date: Lessee: Grazing Season: Grazing Property(ex. Big Dipper): Project Description: i I Proposed Cost: (Labor& Equipment(including hourly rates)and Materials) Proposed Date of Work: 20 i Midpeninsula Regional • ' Open Space District r i R-12-84 Meeting 12-29 August 22, 2012 j AGENDA ITEM 10 AGENDA ITEM Authorization to Amend a Contract with Timothy C. Best, Certified Engineering Geologist, for Trail Work Related to the Staging Area and Trails Project and the Watershed Protection Program (WPP) at El Corte de Madera Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to amend the current contract with Timothy C. Best(Mr. Best), CEG, in the amount of$33,300 (including a 15% contingency) for a total authorization amount not-to-exceed $117,945, to include additional engineering design services, permitting assistance, and construction monitoring for trail improvements associated with the El Corte de Madera Creek Staging Area and Trails Project and Watershed Protection Program. SUMMARY The proposed contract amendment of$33,300 covers additional engineering design services, permitting assistance, and construction monitoring associated with construction of the new Bear Gulch Trail ("Bear Gulch"is a temporary name for reference purpose only) and realignment and restoration of the Steam Donkey Trail, which are part of Phases 2 through 4 of the El Corte de Madera Creek Staging Area and Trails Project(see Attachment 1). These services are expected to be pears.rovided over the next three to five fiscal Y Preliminary �Prelimina design work on the Bear Gulch and Steam Donkey Trails was initially conducted in association with the Watershed Protection Program (WPP). Given grant opportunities and the trails proximity and connection to the proposed staging area, the Bear Gulch and Steam Donkey Trails were also added as components of the Staging Area and Trails Project. BACKGROUND Mr. Best prepared a Road and Trail Inventory(RTI) for the El Corte de Madera Creek Open Space Preserve(Preserve) in 2002 that identified road- and trail-related sediment sources and treatment recommendations. The WPP was developed during the same period in partnership with the National Marine Fisheries (NMFS), San Francisco Bay Regional Water Quality Control Board (RWQCB), and California Department of Fish and Game(CDFG). The purpose of this multi-agency WPP is twofold: to protect and restore watershed integrity in the Preserve and downstream critical habitat for the federally-threatened steelhead trout and federally-endangered coho salmon, while also maintaining opportunities for year-round multiple-use recreation and environmental education within the Preserve. Implementation of the WPP involves applying i R-12-84 Page 2 site-specific recommendations identified in the RTI to remedy ongoing erosion and sedimentation issues within the Preserve. On January 21, 2004, the Board adopted the WPP for the Preserve. While much of the priority work identified in the RTI has been completed to date, several high and moderate priority projects remain, including work on portions of the following trails: Springboard, Steam Donkey, El Corte de Madera Creek, Resolution, South Leaf, Methuselah, Blue Blossom, and the proposed Bear Gulch Trail. The newly-formed Natural Resource Department currently manages overall implementation of the WPP with the exception of the proposed Bear Gulch Trail construction and Steam Donkey Trail realignment and restoration, which are being managed by the Planning Department in connection with the Staging Area and Trails Project. Work on the remaining WPP trails will continue over the next three years. DISCUSSION Staff proposes to amend Mr. Best's contract to continue work on the Bear Gulch and Steam Donkey Trails, which requires engineering geologic design, plans and reports for permitting, and oversight during construction as required by permitting agencies. Though preliminary design work has begun for the Bear Gulch and Steam Donkey Trails,the Staging Area and Trails Project is a multi-phased project, requiring the current draft trail construction plans to be modified to reflect the phased implementation. p p Mr. Best has great familiarity with the Preserve and both projects. As part of the Staging Area and Trails Project he assisted staff in the design and permitting for the Phase 1 Connector and Project, � p g Crossing Trails (see Attachment 1), which are anticipated to be constructed later this summer. The new Bear Gulch Trail and Steam Donkey Trail realignment and restoration constitute Phases 2 through 4. Mr. Best provides detailed evaluation of field conditions and develops practical, cost-effective solutions to problems. In addition, he provides an excellent work product at very reasonable cost that he continually adapts to meet specific District needs. His work products provide great value to the District, as they are both unique among his peers and highly useful tools for planning, permitting, and construction. Staff is pleased for the opportunity to continue working with him. FISCAL IMPACT The Planning Department FY2012-13 budget contains funds to cover the costs associated with this work. BOARD COMMITTEE REVIEW No Board Committee review is required for this portion of the Project. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. I i R-12-84 Page 3 CEQA COMPLIANCE Retention of consultant services to prepare design documents and construction oversight does not constitute a project under the California Environmental Quality Act (CEQA). NEXT STEPS Upon approval by the Board of Directors, the General Manager will be authorized to amend a contract with Mr. Best to perform additional engineering design services, permitting assistance, and construction monitoring to implement the Bear Gulch and Steam Donkey Trail Trails improvements, which are associated with the El Corte de Madera Creek Staging Area and Tr a s Project and the Watershed Protection Program. These services are expected to occur over the next three to five fiscal years. Design and permitting for Phase 2 of the Staging Area and Project are anticipated to begin later this fiscal year. Attachment 1. Staging Area and Trails Project Overall Phasing Map. Responsible Department Head: Ana Ruiz, AICP, Planning Manager Prepared by: Tina Hugg, Planner III Contact person: Same as above I cMot•, 'kyirrie California Wat r rr Service Company,. Proposed Pedestrian Crossing Trail) E .. s Proposed 69-Vehicle Staging Area s r a r r k Construction Anticipated Summer 2012 `'•'� -,,- r - d 2 1 WunderIie"h Count'y Par 4 (:San Mateo. County}' u 4 ir a d El Corte de Madera Creek OSP Staging Area and Trails: Project Overview Map Property Information Proposed Trail Construction Midpeninsula Regional Phase 1 Trail Construction Existing Public Trail Open Spate District MROSD Preserves 0 Other Protected Open Space O Phase 2 Trail Construction Existing Alignment of the Bay Area Ridge Trait (MROSD) or Park Lands O — Phase 3 Trail Construction Watershed Land Proposed Extension of the Bay Area Ridge Trail Phase 4 Trail Construction E� May, 2011 Private Property O uunnlu phase 4 Trail Restoration ® MROSD Gate Feet • . 0 750 1,500 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- Midpeninsula Regional Wkll I Open Space District . A R-12-77 Meeting 12-29 August 22, 2012 AGENDA ITEM 11 AGENDA ITEM i i Selection of the Public Participation Coordinator and Consultant Team, and Approval of the Consultant Contracting Approach for the Vision Plan GENERAL MANAGER'S RECOMMENDATIONS 1. Select Public Dialogue Consortium as the Public Participation Coordinator and Consultant Team for the Vision Plan, based upon their qualifications and proposed methods. 2. Approve the proposed incremental consultant contracting approach, whereby Public Dialogue Consortium will be contracted under the General Manager's authority to undertake only the start-up portions of their proposed scope of work, and will work directly with the staff and Board to refine the Vision Plan public engagement process prior to Board approval of the entire consultant work scope and fee. SUMMARY i Since the last Vision Plan informational report in late June 2012, staff has continued the process of obtaining the consultant expertise needed to prepare the Vision Plan for the Midpeninsula Regional Open Space District(District). This report describes how the recommended public participation coordinator and team were selected, and outlines an incremental consultant j contracting approach to involve the District Board of Directors (Board) in refining the Vision Plan process. DISCUSSION The District, like many other agencies, is experiencing staffing and funding constraints that limit its ability to further its mission. With this in mind, and recognizing the ongoing need for open space preservation, importance of protecting habitat and watershed integrity, and growing j demand for recreational access, the District desires to develop a Vision Plan that is consistent with the District's mission, reflects the priorities and values of the public, and is based upon scientific data and technical analysis. This Vision Plan will serve as a tool to (1) guide future acquisition and land management decisions to achieve the greatest benefit given limited resources, (2) engage the public in the District's work to a greater extent, and (3) leverage support for new funding sources, including a possible future funding measure. The Vision Plan would guide the District for the next 10 to 15 years to ensure that current and future staff and I R-12-77 Page 2 funding resources are targeted to those projects and actions that are of highest value and provide the greatest public benefit. The project is on an aggressive timeline and is scheduled for completion in December 2013. Public Participation Consultant Team Selection Since the June 27, 2012 informational report and authorization to award a contract with Jodi McGraw Consultlin as the Project Coordinator of the Technical Consultant Team (See reports g J p 7 R-12-62 and 63), staff has continued the process of obtaining the consultant expertise still needed for the Vision Plan. In late June, the District Project Management Team (PMT), led by Planning Manager Ana Ruiz and including Senior Planner Sandy Sommer, Planner III Tina Hugg, Public Affairs Manager Rudy Jurgensen, and Natural Resources Manager Kirk Lenington, prepared a Request for Qualifications and Proposals (RFQP) for the Public Participation Coordinator/Team and reviewed the material with the General Manager. The RFQP was written to solicit interest from an individual consultant or team, with expertise in both broad and in-depth public participation, media communications, and community engagement strategies,preferably for large, multi-disciplinary planning projects with a focus on open space and recreation. This RFQP process invited proposals to provide all the necessary outreach and engagement services in support of the Vision Plan Project. For this type of work, and given the aggressive schedule, the PMT estimated the proposed fees to be approximately$150,000. Notice of the RFQP was posted on the District's website and provided to seventeen (17) consulting firms with known qualifications and experience in this type of work. The RFQP was also sent to six different contacts known to have established networks and connections to reach other firms and increase its visibility. A mandatory pre-proposal meeting was held on July 12, 2012, which was attended by individuals representing the following firms: Firm Location Center for Collaborative Policy Sacramento, CA Flint Strategies Half Moon Bay, Ca Kearns and West San Francisco, CA Olive Grove Consulting Belmont, CA Public Dialogue Consortium San Francisco, CA Public Policy Collaboration San Francisco, CA Reframe It, Inc Stanford, CA RHAA Royston Hanamoto Alley and Alley Mill Valley, CA On July 16, 2012, the District received seven(7) proposals. After reviewing the proposals, the PMT, with the helpful outside assistance of Mark Linder, City of Cupertino Parks and Recreation Director(who is a former communications professor and public participation practioner), narrowed the candidate pool to four firms. Interviews were held on July 25, 2012,with Public Dialogue Consortium, Center for Collaborative Policy, Olive Grove Consulting, and Flint Strategies. References were then contacted for the finalist to gain a better understanding of the strengths and weaknesses of the firm. Based on the results of the interviews, written proposals, and reference checks, staff concludes that Public Dialogue Consortium(PDC)provides the best overall skill set and experience for the Project. PDC presented a solid understanding of the project goals, was responsive to the selection criteria discussed in the RFQP and at the pre-proposal meeting, R-12-77 Page 3 provided a streamlined project approach, and offered new suggestions and ideas for improving the vision planning process within their scope of work. PDC is a small and lean non-profit organization with low overhead costs, committed to transforming communication for the public good. Their team has organized, designed, and facilitated public discussions, managed media relations, and conducted public engagement processes for city government and public organizations locally as well as throughout the state. PDC has a distinctive approach to working with government agencies, stakeholder groups and the general public, and they specialize in communication techniques that build trust, enable all segments of the community to be heard and respected, and to understand and learn from differences. The proposed preliminary fees submitted by each of the interviewed consultants are provided in the table below. These preliminary fees were based upon each teams understanding of the District's RFQP, and are typically expected to change as the selected proposer works with the District to refine their scope. These figures do provide an order of magnitude for what can be expected as the final fee proposal. Team wellnalnary Base Percent U ffe enc from Pra o,sal Fee estimate 150 Public Dialogue Consortium $122,310 -18% Olive Grove Consulting $186,275 +24% Flint Strategies $169,700 +13% Center for Collaborative $204,559 +36% Policy Staff intitated discussions with PDC to explore why their proposed fee was substantially lower than the other proposers. Apparently, PDC placed a lesser emphasis on the Vision Plan's media relations components than other teams. Supplementing their scope with additional media communication tasks would add approximately$25,000 to their base fee, which is still lower than staff s initial estimate of$150,000 and the other fee proposals. Nonetheless, at this time, staff recommends delaying the award of the full Public Participation Consultant Team contract to allow the process as described below to occur. Consultant Contracting Approach In order to afford the Board a greater role in refining the Vision Plan process, as is appropriate for a project this important to the organization, staff recommends approaching the consultant contracting in a participatory and incremental manner. Rather than immediately approach the Board for approval of a fixed and pre-determined consultant work scope and fee, staff recommends that Public Dialogue Consortium be contracted under the General Manager's authority to undertake only the start-up portions of their proposed scope of work(see Tasks 1, 2, and 3 of the scope of work within the attached RFQP). This approach will allow staff, with the assistance of both the public participation and technical consultants, to work directly with the Board to review a proposed revised draft of the Vision Plan public engagement process and the technical team work plan in a structured study session format to identify the Board's questions, preferences, and concerns. This discussion would allow the Board to identify the priorities of the overall process,to understand the integration between the public participation process and technical work plan, and to have early participation in the R-12-77 Page 4 overall direction of the Vison Plan process. Staff anticipates holding this study session in late September, so that both consultant teams have sufficient preparation time while maintaining the overall project timeline. The outcome of this study session would be the basis of the final Community Engagement and Public Participation Plan, which will provide the public participation structure for the entire 18- month Vision Plan project. It would also serve to frame the technical team's work plan within the overall process. Lastly, results of the study session would also determine the final consultant scopes and fees for both teams, and each entire consultant contract would return to the Board for approval at a subsequent meeting. The advantages of this proposed consultant contracting approach are: • The Board and staff are more aligned, empowered, and engaged in the Vision Plan start- up process. • The District can personally"test-drive"the public participation and technical consultants before making a large investment. • The Community Engagement and Public Participation Plan would be better dovetailed with the activities and work plan of the technical team. FISCAL IMPACT The Planning Department artment budget for FY2012-13 includes $300 000 to cover the cost for the Vision Plan Project. BOARD COMMITTEE REVIEW There is no Committee business to report. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE Retention of consultant services to conduct public outreach does not constitute a project under the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA review. NEXT STEPS If the Board approves the proposed approach as recommended, the Public Dialogue Consortium (PDC) and Jodi McGraw Consulting would be contracted under the General Manager's authority to undertake the start-up stages of their proposed scope of work. PDC would work with staff and Jodi McGraw Consulting to prepare for a Board workshop on the Vision Plan process in late September. Attachment: 1. Request for Qualifications and Proposals for Public Participation Services R-12-77 Page 5 Responsible Department Manager: Ana M. Ruiz, AICP, Planning Manager Prepared by: Sandra Sommer, ASLA, AICP, Senior Real Property Planner Ana Ruiz, AICP, Planning Manager Tina Hugg, Planner III Contact person: Ana M. Ruiz, Planning Manager and Vision Plan Project Lead ATTACHMENT 1 sk Request for Qualifications and Proposals (RFQP) for a Public Participation Coordinator and/or Team to provide Public Participation Services as part of the development of an Open Space Vision Plan for Midpeninsula Regional Open Space District =: i r f� Mandatory Pre-proposal Meeting 2:00 PM Thursday, July 12 2012 PROPOSALS DUE 4:00 PM, Monday, July 16, 2012 Mission Statement: To acquire and preserve a regional greenbelt of open space land in perpetuity;protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education. RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District 1. PURPOSE OF RFQP Midpeninsula Regional Open Space District (District) is seeking to hire a creative Public Participation Coordinator to lead a Public Participation Team that will provide public engagement and communications services throughout and in p P gag g support of the development of the District's Open Space Vision Plan (Vision Plan). At this time,the District is seeking proposals to fill either the Public Participation Coordinator role only,or to provide the Coordinator as well as a full Team. The District is preparing a Vision Plan that will serve as a tool to guide its decisions on land acquisition, recreational use,and land stewardship so as to achieve the largest, most beneficial impact given funding and staffing realities. The Vision Plan project area includes the entire District jurisdiction and its Sphere of Influence, stretches 550 square miles, and encompasses 17 cities from San Carlos to Los Gatos and from Sunnyvale to the San Mateo County coast. The development of the Vision Plan requires the services of two Project Coordinators (PCs). One PC,who has been separately hired,will lead a technical team to handle the GIS data analysis and prioritization of project tasks (Technical Coordinator) while a second PC,and the subject of this RFQP,will lead a Public Participation Team to assist with partner and public participation project tasks (Public Participation Coordinator). i Prospective individuals and/or teams must have experience in public and strategic communications,media relations,public engagement services, meeting facilitation, state-of-the-art social media methods of government communication ("open innovation"),and public affairs. I The Public Participation Coordinator for the Public Participation Team is expected p to: • Serve as day-to-day project manager for the public participation and engagement components of the planning effort. • Advise the District regarding the overall public participation and engagement approach and process that best meet District goals. • Report to and interface with the District's internal Project Management Team to coordinate consultant and staff activities. • Lead a professional team of public engagement consultants to perform the communications,public engagement,and outreach scope of work outlined in this RFQP. As mentioned above,proposals need not include teams at this time. If teams are not yet identified as part of the proposal,a team will need to be assembled separately with District coordination and direction. • Interface and coordinate with the project's Technical Coordinator to receive and,as needed, repackage important technical information and analysis in a manner that is well received and understood by the general public. i Page 2 of 16 1 I RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District • Together with Technical Team members,create a two-way dialogue between citizen stakeholders and the District about the future of the conservation, stewardship,and ecologically sensitive public enjoyment and education on the Peninsula. • Assist with the preparation of the Vision Plan document, focusing on the public participation process,public input,and document t formatting and editing. 2. DISTRICT BACKGROUND The District st ct was first formed in 1972 in northwestern Santa Clara S C a County Y b voter initiative to purchase,permanentlyprotect,and restore lands forming a regional open space greenbelt,preserve unspoiled wilderness,wildlife habitat,watershed, viewshed,and fragile ecosystems,and provide opportunities for low-intensity recreation and environmental education. Since then, District boundaries have been expanded to include southern San Mateo County (southern boundary of Pacifica to the Santa Cruz county line) and a small northern portion of Santa Cruz County. The District is working to complete a continuous greenbelt of permanently preserved open space by linking its lands with other public parklands. The District also participates in cooperative efforts such as the Bay Trail Ridge Trail,,and Skyline-to-the-Sea Trail,which are regional trail systems in the Bay Area that include District lands. The District has permanently preserved over 60,000 acres of mountainous,foothill,and bayland open space,creating 26 open space preserves. District boundaries include the following cities and unincorporated areas:Atherton, Cupertino, East Palo Alto,El Granada,Half Moon Bay, Los Altos, Los Altos Hills, Los Gatos, Menlo Park, Montara, Monte Sereno, Moss Beach, Mountain View, Palo Alto, Pescadero, Portola Valley, Redwood City,San Carlos,San Gregorio,Saratoga, Stanford,Sunnyvale,and Woodside. The District is divided into seven geographic wards of approximately equal populations (approximately 100,000 residents in each ward), each represented for a four-year term by an elected member of the Board of Directors. District staff currently consists of approximately 105+ employees in six departments: Administration, Operations, Planning,Public Affairs, Natural Resources,and Real Property. Funding is primarily received via a small share of the annual total property tax revenues collected within District boundaries, not including the San Mateo County Coastside. This amounts to approximately 1.70 per$100 of assessed property value, which currently provides approximately$32 million in tax revenue. Other revenue sources may include federal and state grants,interest and rental income, donations, and note issues. The District's 26 open space preserves range from 55 to over 18,000 acres and 24 are open to the public free of charge, 365 days a year from dawn until one half-hour after sunset. The diverse ecosystems at the preserves include redwood,oak,and fir Page 3 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District forests,chaparral-covered hillsides, riparian corridors,grasslands,and wetlands along San Francisco Bay. Open space preserves are generally kept in a natural condition to best protect the environment and wildlife habitat,and are developed with only the amenities needed to provide public access for low-intensity recreation. Improvements may include parking areas, restrooms,signed trails for hiking,bicycling,and equestrian use,and an occasional picnic table. The District offers 220 miles of trails,ranging from easy to challenging terrain. All trails are open to hiking and many are open to bicycles and horses. Leashed dogs are allowed on some preserves, including one off-leash area at Pulgas Ridge Open Space Preserve, The District also provides a number of trails that are suitable for people with varying degrees of physical ability. These "easy access"trails are appropriate for visitors with wheelchairs,strollers,children,or for anyone desiring a less- strenuous open space experience. 3. PUBLIC ENGAGEMENT SERVICES IN SUPPORT OF THE VISION PLAN A. Need and Expectations for the Overall Vision Plan Effort The District,like many other agencies,is experiencing limitations in funding to further its mission. With this in mind,and recognizing the ongoing need for open space preservation,importance of habitat and watershed integrity,and demand for public recreational access,the District desires to develop a Vision Plan that is consistent with the District's mission,utilizes scientific data and technical analysis, and reflects the priorities and values of the public. This Vision Plan will function as a decision support tool to (1) guide future acquisition and land management decisions so as to achieve the biggest benefit given limited resources, (2) leverage support for new funding sources, including a possible future funding measure,and (3) engage the public in the District's work to a greater degree. The Open Space Vision Plan will be designed not only as a tool and resource document for the District,but also as a tool for local conservation partners to inform conservation choices and investments at a regional level. As such,this Plan will promote interagency coordination and leverage private and public funds to accelerate the pace of and maximize the impact on land conservation,resource stewardship,and recreational access. The Vision Plan will utilize the best available data to analyze existing conditions, including natural and cultural resources,wildlife corridors,trails and public access facilities, important vista points and viewsheds,agricultural uses and prime agricultural land,and demographics. Data on future climate change impacts and population growth will also be analyzed. This assemblage of in formation will help highlight opportunities,constraints, and trends to guide development of the Vision Plan. The Technical Coordinator and Team will lead the data analysis portion of the project. The public participation and engagement effort,which will be led by the Public Participation Coordinator,will need to translate this information and incorporate substantive public participation into the process. Page 4 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District The Vision Plan will be designed as an adaptive document that will be updated over time as new information is collected and conditions or needs change. It will also serve as an update to the District's 1998 Regional Open Space Study and 1992 Master Plan. Finally,the Vision Plan will be used to support future funding opportunities by describing conservation,stewardship,and public access priorities that are consistent with the District's mission,meet long-term District needs and goals,and are considered of great value to partners and local communities. The Vision Plan would cover the following key elements, all of which are of major interest to the District,and identify the goals,strategies, and actions to best achieve the desired impacts for each element: • Resource Stewardship • Biodiversity and Landscape Connectivity • Watershed Integrity • Cultural Resources • Recreation and Healthy Communities • Working Lands • Viewsheds Each Vision Plan element would build upon similar,prior work of other organizations. For example,the Biodiversity and Landscape Connectivity element would use the analysis completed by the Upland Habitat Goals Project and Bay Area Critical Linkages Project as a starting place to identify the resource conservation priorities for the District's study area. Likewise,the Recreation and Healthy Communities element would incorporate regional trail planning efforts such as San Mateo and Santa Clara Counties'Trail Plans,and the Trail Plans for the Bay Area Ridge Trail and Bay Trail,as a starting place to explore public access priorities. The vision gp planning process is expected to arrive at selection criteria and p prioritizations for each Vision Plan element based on public and partner input and Board direction,and considering the data analyzed to date. Selection criteria will need to be consistent with District policies and will be used as a tool to prioritize the various actions and projects that will have been identified for the Vision Plan study area. The selection criteria and prioritized action and project list will need to be packaged in a way that helps convey a narrative to the public that helps explain how these actions and projects together will improve the quality of life for Bay Area residents and respond to the needs,desires,and goals of the larger community. The purpose is to allow the public to clearly understand the tangible benefits and implementable projects and actions that would be gained by the Vision Plan to motivate public support for and endorsement of the Vision Plan itself,and any funding proposals that may come in the future. The Vision Plan project study area will encompass the District's entire jurisdictional area plus its Sphere of Influence. Certain types of analysis,such as that needed for Page 5 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District landscape connectivity,may look beyond the study area and into surrounding, adjacent lands as deemed appropriate (refer to Attachment D: Project Organizational Structure). R. Needs and Expectations for Public Participation Services Professional services are needed to identify and implement the strategies and activities that best achieve the desired public and partner participation,and result in high levels of support for the District's Vision Plan. The relationship between the Public Participation Team (led by the Public Participation Coordinator) and the Technical Team (led by the Technical Coordinator) will need to be two-way. The Public Participation Team will be tasked with translating technical information so that the public can understand it,as well as soliciting,gathering and interpreting public input so that the Technical Team can address expressed needs. 1. Public Involvement The District would like to have meaningful public involvement in the creation of the Vision Plan and recognizes that active participation and engagement by stakeholders will inspire support and excitement for the Vision Plan,for potential future funding requests,and ultimately for the District's future. For this reason,the District seeks a robust, creative process for public participation,communication,and engagement. The project should maintain a high level of transparency,cultivate relationships with the surrounding communities,and increase support for the Vision Plan and subsequent funding measure by incorporating public involvement early in the planning process and continuing with public participation throughout the life of the project. The goal is to incorporate collaborative public involvement that goes beyond the basic requirements of public participation by creating opportunities for the public and the District to exchange information and provoke thoughtful discussions. The District seeks the input and expertise of a Public Participation Coordinator to design and help implement a process that covers the range of increasing levels of public participation shown on the attached diagram (refer to Attachment E: IAP2 Spectrum of Public Participation). In this way, participation would be both broad and in-depth. The Public Participation Coordinator would work with the District to determine how best to convene and involve a diverse stakeholder and community group to provide feedback throughout the vision planning process. This Community Forum could be comprised of representatives from the District,partner organizations,resource agencies,major landowners,and community leaders to advise the Vision Plan development and to solicit early input. The Public Participation Coordinator would advise and assist the Page 6 of 16 f RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District District in starting up the Forum,and participate in the administration and management of this group. Although District staff would be the primary facilitators of the meetings,the Public Participation Coordinator would provide facilitation support. Staff would work with the Public Participation Coordinator to develop clear guidelines, expectations for public involvement, ground rules,a defined set of tasks,and a timeline for this community engagement group. District staff and the Public Participation Coordinator would also develop a list of recommended community group participants for the Board to consider and approve. 2. Partner Involvement The District's key partners (refer to Attachment B),are an important factor that enables the District to deliver its mission. The District's success in the future will in part depend upon its ability to unite its partners,coordinate mutual key activities,and leverage the key resources that they provide. The Vision Plan is regarded as part of this process. For this reason,the District also seeks a creative process for partner participation,communication,and engagement. 3. District Board Involvement The Vision Plan is a top priority for the District's Board of Directors,all of whom have expressed a keen desire to stay fully informed and engaged throughout the plan's development. Involving the Board at key decision- making points and frequently informing them of the work progress are essential to project success. The Board will need to be kept abreast of public engagement activities throughout the planning process. 4. Project Management Team Working directly with the General Manager,the District Project Management Team (comprised of internal staff) will serve as the oversight and feedback mechanism for the Vision Plan,monitoring effectiveness and guiding adaptation during the process to achieve the greatest benefit for the District. The Project Management Team will oversee and direct the Public Participation Coordinator and Team's work. 5.Communications Collateral The Public Participation Team will be responsible for the public and media communications collateral prepared during the planning process,and will provide significant assistance in final report preparation. Ideally,sections of the final report will be prepared as the process unfolds, rather than waiting until the end to document the process. It is anticipated that highly technical sections such as chapters focusing on data findings and analysis will be prepared by the Technical Team while other sections that relate directly to the public engagement process will be prepared by the Public Participation Team. As such,with multiple report authors preparing the document,the Public Participation Coordinator will need to be able to help reconcile writing Page 7 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District styles to ensure the document is cohesive and has ease of flow and readability. D. Funding;Measure Simultaneously with the Vision Plan project,the District is pursuing a separate but closely linked effort to find new sources of outside funding to help pay for both the implementation of the Vision Plan and for the District's ongoing land preservation, restoration,and public access work. As part of this effort,the District is considering a potential future funding measure that may be part of a future ballot. The Vision Plan project provides an excellent opportunity to inform the public about the District and to engage the public in shaping and supporting the future of the District. Therefore, progress will be carefully monitored to ensure that the information and deliverables produced will help successfully shape such a potential funding effort. 4. GENERAL APPROACH The District will direct the Vision Plan process with the assistance of the Public Participation Coordinator and a separately-contracted Technical Coordinator. Prospective proposers for the public engagement piece may either submit proposals that solely cover the work of the Public Participation Coordinator,or may submit proposals that include the full Public Participation Team upfront. If a team is not included in the proposal,the Public Participation Coordinator will be responsible for assisting the District in hiring an expert Public Participation Team after discussing and confirming with the District the assistance needed to complete the project(part of Task 1). Either approach would be considered a valid response to this RFP. If the hiring of a separate team is required, information and assistance will be provided by District staff regarding public hiring requirements and District practices (includes the release of the RFQP,selection based on qualifications and approach,and contract approval by our Board of Directors). The Public Participation Coordinator will be responsible for leading the expert Public Participation Team and under the direction of the Project Management Team,will handle all communication,coordination,delegation of work assignments,and tracking/review of deliverables (see Attachment D for an initial organizational structure of the Project Team,including all key project participants). The Public Participation Coordinator will also be responsible for tracking and, in conjunction with the District,deriving meaning from the feedback that is received from the District's major partners,stakeholder groups,and the larger community to inform and adjust the planning process and the development of the District's Vision Plan. S. SCOPE OF WORK As part of the scope of work listed below.the District is seeking creative assistance and advice from the Public Participation Coordinator to improve upon the suggested Page 8 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District approach and arrive at a new, more effective,and more innovative scope of work. The tasks listed below would be overseen and managed by the Public Participation Coordinator,but not necessarily directly performed by the Public Participation Coordinator. This proposed scope is being provided so that prospective Public Participation Team consultants can work with the prospective Public Participation Coordinator for proposal purposes and anticipate the entire process leading up to project completion. If proposals do not at this time include a Public Participation Team,the first task will be to refine the scope of work and to proceed with the P hiring of the Public Participation Team. Proposers will note that each step of the vision planning process will require oversight and confirmation from the District and may need to be adjusted at any time based on District needs. Task 1: Project kick-off and agreement on goals,methodology,schedule, and deliverables Meet with District Project Management Team and the Technical Coordinator to initiate project and discuss recommended refinements to project scope,process,goals, expectations,and timeline. Identify project particip ants and confirm re commended roles of each. Confirm project study area boundaries. Confirm assistance needed and if necessary,assemble and hire Public Participation Team. Discuss expectations and goals for the development of a Communications, Engagement,and Public Participation Plan (see Task 3). Discuss formation of a manageable,diverse se Community Forum comprised of representatives from the District,partner organizations, resource agencies, landowners,and community members to advise the Vision Plan development and to solicit early input. Discuss any other community engagement tools and groups that should be formed and used for the project. DELIVERABLE: Ann otated notated meeting minutes; if not part of original proposal,hiring of Public Participation Team. Task 2: Draft a detailed project work plan Drawing upon the initial kick-off meeting,the Public Participation Coordinator will coordinate with the Technical Coordinator and the District Project Management Team to draft a detailed work plan with a timeline and deliverables. The work plan will delineate roles and responsibilities of all project personnel and provide a schedule of future meeting dates and proposed goals for each meeting. Page 9 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District DELIVERABLE: Draft project work plan that includes an outline of the Vision Plan scope of work and schedule. Assist with presenting the draft work plan to the Board of Directors. Task 3: Communications Engagement,and Public Participation Pl n a A Communications, Engagement,and Public Participation Plan (CEPP) is required as part of the Public Participation Coordinator's project deliverables. The CEPP should identify creative methods for reaching out effectively to a broad cross-section of the population, including diverse ethnic communities,the elderly,youth, non-English speakers, and other under-represented groups. Methods and tools should support to the extent possible the District's desire that citizens'voices be heard,that the Vision Plan be well understood,and ultimately,that the Vision Plan supported be s o ted and endorsed b residents stakeholders, pp Y elected officials,community organizations,and private sector entities. These methods and tools may include the creation of a user-friendly participation website, activities that foster relationships with grassroots organizations,or social media and news media tools. The public process must balance listening with information, education, and engagement. Another important component of the visioning process will be the engagement of partners. Clear and effective communication and involvement from the District's partners are also critical. The CEPP should describe programmatic activities and effectively and strategically time critical participation opportunities. Upon preparation,the CEPP shall be incorporated into all subsequent tasks and schedule milestones. DELIVERABLE: Prepare a draft Communications, Engagement,and Public Participation Plan. Assist with presenting the draft CEPP to the Board of Directors. Task 4: Finalize Work Plan and CEPP Based on Board and District Project Management Team direction, finalize the draft project work plan and draft CEPP. DELIVERABLE: Final project work plan and CEPP. Task 5: Implement the CEPP Plan Throughout the vision planning process,implement the various methods and tools identified in the CEPP Plan to ensure robust public and partner communications,engagement,and public participation. Work with the District's Project Management Team and Public Affairs Department staff,as needed,to facilitate implementation. Implementation will need to include the Public Participation Page 10 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District Coordinator's active participation at the various public,community, and Board meetings,as well as annotation of meeting minutes. DELIVERABLE: Implementation of the various components of the CEPP Plan (ongoing throughout planning process). Task 6: Preparation of the Draft Vision Plan Document Using all of the information gained to date,including all input and direction,as well as the selection criteria and list of priority projects developed by the Technical Team,assist with the preparation of the Draft Vision Plan document, focusing on the public participation process and feedback received. Also,assist with editing the technical chapters to ensure that the document is cohesive and written in a way that can be easily understood by the general public. Assist with presenting the Draft Vision Plan to the full Board of Directors at a public hearing. DELIVERABLE: Development of a Draft Vision Plan that describes its intent, methodology,findings,and results,and includes a prioritized list of properties,actions,and projects with associated costs and schedules. Distribute and present Draft Vision Plan document to the Community Forum for review and feedback. Revise Draft Vision Plan accordingly and help present revised Draft Vision Plan to the full Board of Directors at a public hearing for review and consideration. Task 7: Preparation of the Final Vision Plan Document Assist with editing and finalizing the Vision Plan document per Board and District staff direction. Finalize graphics,photographs,text, formatting,and all other components of the Final Vision Plan document,including any attachments and appendixes. Assist with presenting the Final Vision Plan to the full Board of Directors at a public hearing. DELIVERABLE: Assist with preparing the Final Vision Plan document, distributing digital and hard copies,and presenting the final plan at a public hearing of the full Board of Directors. Task 8: Development of Factsheets and Other Media for Distribution Work with the District to develop and provide suitable content and public participation products for distribution online,via email,and via mail regarding the vision planning process and the Final Vision Plan, as needed. Assume 300 hours for coordination,media/content development,and distribution. Page 11 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District DELIVERABLE: Throughout and following the planning process, provide content and develop discreet,targeted public participation products for distribution through appropriate channels. 6. PROJECT SCHEDULE The Vision Plan has an intensive schedule to meet the District's needs. The Public Participation Coordinator will need to be able to begin work quickly. As part of the work, the selected Public Participation Coordinator shall prepare a detailed project work plan and schedule to ensure the project conforms to the following Outline Schedule: July-Aug Data collection (text in gray indicates a Technical Team task) Early Aug Public Participation Coordinator kick-off meeting; if needed,develop and release RFQP to hire the Public Participation Team Aug If needed,hire Public Participation Team;prepare draft list of Community Forum (CF) participants; develop the Communications, Engagement,and Public Participation (CEPP) Plan Late Aug Seek Board confirmation of revised scope of work, CEPP,and list of CF participants Aug- Oct Assess data gaps; develop data findings (Technical Team task) Sept 1st CF meeting; introduce project,schedule,goals,roles and responsibilities; discuss open space values; present CEPP, review data analysis, findings,and next steps Oct 1st Board workshop; introduce project and present data and findings; solicit discussion on open space values,needs,constraints,priorities Oct- Nov Develop draft project selection criteria; identify potential priority sites Dec 2nd CF meeting to review and discuss public comments to date, potential priority areas,and draft project selection criteria Jan 2013 2nd Board workshop to present and solicit feedback on priority areas and project selection criteria Feb -Apr Refine components of the Vision Plan; develop sub-regions, if appropriate; develop prioritization matrix and list of projects Apr 3rd CF meeting to review sub-regions,prioritization matrix,and draft list of projects Apr- May Prepare draft Implementation Plan (Joint task) May 4th CF meeting to review the draft implementation Plan that includes a schedule and cost estimates Page 12 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District June 3rd Board workshop to present and solicit feedback on the draft Implementation Plan that identifies a prioritized project and action p P l P list by sub-region. July-Sept Refine Vision Plan; release Vision Plan for Board and public review Oct 1st Public Hearing-Tentative Approval of the Vision Plan Dec 2013 2nd Public Hearing- Final Approval of the Vision Plan 7. PROPOSAL REQUIREMENTS Please submit proposals in hard copy or digital format (CD preferred). Fee Proposal must be submitted in a separate sealed envelope or a separate,clearly labeled file- see Item #e. a. Mandatory Pre-proposal Meeting-Thursday,July 12 at 2:00 PM A mandatory pre-proposal meeting will be held at the District Administrative Office on Thursday,July 12 at 2:00 PM. Prospective Public Participation Coordinator candidates are required to attend this meeting. The pre-proposal meeting is intended to review all elements of the RFQP,discuss the intent and goals of the Vision Plan, discuss expectations and the project management organizational structure,discuss the project schedule,and answer specific questions to aid with the preparation of proposals. b. Project Execution (max 6 single-sided pages) Provide a written statement of project approach,describing methodolo 1 ) R i P pp me thodology, potential time and cost savings strategies,and schedule. C. Consultant Qualifications (max 8 single-sided pages) o Provide a statement of experience and qualifications*. e Provide a brief overview and history of consultant work, including location(s),project experience,client and project history,number of years in business. *For any project referenced,supply the name of the Owner/Client. d. References Provide a list of at least three client references from the last 5 years that have relevant knowledge concerning the consultant's ability to perform similar projects. Names,affiliations,addresses,and current telephone numbers of all references must be provided. e. Insurance Submit a statement of acceptance of the District's insurance and indemnification requirements,or any reservations the firm has with the requirements. Refer to Exhibit B of Midpeninsula Regional Open Space District's Agreementfor Professional Services. Page 13 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District f. Professional Rates&Anticipated Fee Proposal* In a separate.sealed envelope,or a separate,clearly labeled ("Fee Proposal') file or email if submitted on a CD or by email,clearly identifying the proposer, provide: • List of the professional billing rates for the proposed project; different rates may be provided to accomplish different tasks (e.g.administration, document editing,outreach,etc); • Anticipated fee proposal based on hours required to complete the work: o Indicate the number of hours required and fee associated with each task; o Highlight any proposed fee allowances or contingencies; o Include all anticipated reimbursable expenses. Sealed envelopes and Fee Proposal files will remain unopened until the District has ranked the proposals based on an evaluation of qualifications. *The anticipated fee proposal will be utilized to negotiate a Time and Material, Not to Exceed (T&M, NTE) contract with the most qualified proposer. g. Presentation and Interview(45 minutes) The short-listed (top 3 to 4) Public Participation Coordinator/Team candidates will be asked to provide a 15 minute presentation of skills, experience,and proposed approach. A projector and screen will be available for use. Visual aids are always welcome. The remaining 30 minutes will be used for questions and answers. Interviews are tentatively scheduled for Thursday,July 19, 2012. Please set this day aside for possible interviews. 8. PROPOSAL AND SELECTION SCHEDULE July 3 Public Participation Coordinator RFQP released July 12 Pre-proposal meeting July 16 Proposals due July 19 Public Participation Coordinator interviews July 25 Public Participation Coordinator selection/Board contract approval 9. PROPOSAL EVALUATION CRITERIA a. Quality of Proposal • Consistency with project and RFQP objectives • Demonstrating an understanding of the project • Fulfilling proposal P requirements as described in this RFQP Q • Overall presentation: clear,concise&relevant b. PP Project Approach 1 • Proposed approach to executing and coordinating a complex multi-year project • Proposed approach to working with District staff Page 14 of 16 I i RFQP-Public Participation Coordinator Midpeninsula P Open Regional 0 Space District g P • Proposed strategies to reduce time and costs • Ability to meet project schedule C. Implementation Expertise • Proven track record and technical ability accomplish lish the District's P goals • Background,qualifications,experience and expertise on similar projects d. Project Fee The selection of the Public Participation Coordinator will not be based solely on the lowest anticipated fee proposal. Instead,the District intends select the best overall proposal package to achieve the project goals. 10. STIPULATIONS j a. Requests for Additional Information and Questions from the District Upon review of the proposals and selection of the top qualified candidates, the District reserves the right to request more detailed information from one g or more proposers to provide for a reliable comparison between proposals. b. General Stipulations The District will not be liable for any costs incurred by the proposers that are j related to the RFQP process; this includes production of the ro osal, i p P interviews or presentations,travel and accommodations. The District reserves the right to request or negotiate modifications to the proposals that are deemed appropriate. All proposals received from proposers in response to this RFQP will become the property of the District and will not be returned to the proposers. In the event of contract award,all documentation produced as part of the contract will become the exclusive property of the District. The District reserves the right to reject any and all proposals and to waive minor irregularities. The District also reserves the right to seek new proposals or re-advertise if responses have not been satisfactory or for any other reason. c. Requests for Additional Information and Questions from Consultants Specific questions related to the RFQP must be addressed in writing to the District. Answers will then be distributed to all candidates. Please submit all requests to: Attn:Ana Ruiz, Planning Manager Midpeninsula Regional Open Space District 330 Distel Circle i Los Altos,CA 94022 650-691-1200 aruiz@openspace.org 11. PROPOSAL DEADLINE Two (2) copies or CDs of each final proposal are to be submitted by 4:00 PM, PST I on Monday,July 16, 2012 at the above address,to Ana Ruiz. See below for separate Page 15 of 16 RFQP-Public Participation Coordinator Midpeninsula Regional Open Space District email instructions. The District at its sole discretion may grant an extension to all candidates if circumstances require additional time. Responding candidates should assume that the District may initiate discussions simultaneously with all respondents. Proposals may be hand-delivered,mailed, or delivered by courier to the above address. No facsimile will be accepted. Proposals shall be delivered in a sealed manner and clearly marked on the outside of envelope: "Public Participation Services Proposal- Open Space Vision Plan" E-mailed"PDF"proposals will be accepted with the following requirements: • E-mailed submittal must arrive no later than 2:OOPM PST,July 16,2012; • Fee Proposal shall be submitted in clearly marked separate e-mail; 0 Proposer must confirm that e-mailed submittal has reached the District by phone and separate e-mail no later than 30-minutes prior to the 4:00 PM hard-copy submittal deadline; • (2)additional hard-copies of the Proposal and separate Fee Proposal must be submitted no later than 10:00 AM,July 17,2012. i 12. LIST OF ATTACHMENTS Attachment A District Professional Services Agreement&Insurance requirements Attachment B List of Partner Agencies Attachment C Project Study Area Attachment D Project Organizational Structure Attachment E IAP2 Spectrum of Public Participation Page 16 of 16 IL ' Midpeninsula Regional ' Open Space District r � R-12-81 Meeting 12-29 August 22, 2012 AGENDA ITEM 12 AGENDA ITEM Amend the Contract with Wilfred Jarvis Institute for Organizational and Leadership Consulting Services GENERAL MANAGER'S RECOMMENDATIONS Authorize the General Manager to amend the professional services contract with Wilfred Jarvis Institute as follows: 1. Increase the contract amount by$50,000 from $50,000 to a not to exceed amount of $100,000 for consulting services to enhance management, leadership, and organizational effectiveness. 2. Amend the scope of services to reflect additional services to be provided to the District. SUMMARY At its regular Board meeting on July 13, 2011, the Board of Directors (Board) approved a two- year contract with Minh Le of the Wilfred Jarvis Institute to provide professional consulting services for management, leadership, and organizational development (R-11-77). Since then, additional activities have been requested of Mr. Le which necessitates an increase in the not-to- exceed contract amount and a scope of services amendment. DISCUSSION The original two-year contract of$50,000 was approved by the Board on July 13, 2011 (R-11- 77) for management, leadership, and organizational effectiveness consulting and included the following elements: 1. Management Team effectiveness development 2. One-on-one coaching for each member of Management Team 3. Meeting facilitation between members of Management Team 4. Organizational and leadership assessments 5. Leadership training R-12-81 Page 2 At the time the contract was developed, no additional service needs were anticipated. However, in March 2012, as the Board was planning its annual retreat, the need for a new meeting facilitator was identified and Minh Le was asked to provide this service. Subsequently, Mr. Le was asked to facilitate the Board/Management Team Retreat in July 2012, as well as provide support to the Board during the Board Appointee Evaluation process. During the two retreats, a number of organizational issues surfaced which would benefit from additional services from Mr. Le. These include activities and coaching to enhance organizational capacity, effectiveness, health. As a result, the Administration Department is recommending the following additions to the contract scope: 1. Facilitating Board Retreats. 2. Facilitating activities with and among Board Directors, Board Appointees, and Management Team as needed. Conducting activities aimed at increasing capacity and organizational health which may 3. C g g p Y g Y include: a. Measuring leadership and organizational effectiveness; b. Training, coaching and facilitation of efforts to increase effectiveness. 4. Assisting the organization in navigating through change. In year one of the contract, Fiscal Year(FY) 2011-12, the average monthly charge(billed on an hourly basis) was approximately$3,000 primarily for one-on-one coaching and meetings with members of Management Team. Based on the additional scope of services, the average monthly charge for FY2012-13 is estimated at $6,000,bringing the annual contract cost to approximately $72,000. As such, the Administration Department recommends an increase of$50,000 in the compensation to a not-to-exceed amount of$100,000 for the two-year contract term. FISCAL IMPACT A total of$24,390 was budgeted for the Wilfred Jarvis Institute for FY2012-13. This recommendation would increase the total compensation amount by$50,000 for the fiscal year. However, anticipating the potential need for additional organizational consulting services associated with the Strategic Plan implementation and other changes, an additional $70,000 was included in the FY2012-13 Adopted Budget for organizational consulting activities but not allocated to a specific consultant. As part of the Midyear Budget, staff will recommend allocating $50,000 of this amount to the contract with Minh Le, resulting in a net zero budget change. This would bring the total budgeted funds for FY2012-13 to $74,390 for this contract. BOARD COMMITTEE REVIEW This report was not reviewed by any Committee. PUBLIC NOTICE Notice has been provided as required by the Brown Act. No additional notice is required. i R-12-81 Page 3 CEQA COMPLIANCE The proposed action is not a project under the California Environmental Quality Act(CEQA) and no environmental review is required. NEXT STEP Upon Board authorization the General Manager will amend the contract with the Wilfred Jarvis Institute to revise the scope and increase the contract amount. Responsible Department Manager: Kate Drayson, Administrative Services Manager Prepared b : � Y Kate Dra son Administrative Services Manager Dray son, Contact person: Same as above i i Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors i i I Date: August 22, 2012 I Re: Late FYIs i I I I I I I I I Midpeninsula Regional Open Space District CLOSING MEMORANDUT.0 To: Stephen E.Abbors,General N4AnLaFcr,, /)'A cti From: Allen Ishibashi,Real Property Specialist Date: August 15,2012 Subject: Easement Exchange, Bear Creek Redwoods Open Space Preserve The easement exchange was completed and recorded on July 18,2012 in which District&Presentation Center secured four easements concerning the Alma Water System, PG&E secured one electrical easement on behalf of Cal Fire and PG&E secured one electrical easement across Bear Creek Redwoods Open Space Preserve on behalf of the Residential Owners. I 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, adjacent neighbors to the property were notified of this easement exchange. As there were no comments made by any of the neighbors or members of the public that might require amendments,the recordation of the easements marks the final adoption of the Preliminary Use and Management Plan,approved by the Board of Directors at its meeting of May 23, 2012. The following chart presents details for easement exchange: EASEMENT EXCHANGE 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 Santa Clara Matthew Bear Creek 55841-025,&-026 Mahronich/Joanne N/A Easement(Alma May 23,2012 Redwoods (including District Imperial& 19660 Water System) 12-22 parcel-544-32-001) Associates Mgmt.Status: Dedication Date Closing Date (Open,Closed'CMU, & Funding Value GIS Code or Other Status(Intended or Type Withheld) July 18,2012 Closed Withheld Exchange 0.00 0.00 2178 Misc.Notes: 1. See Attachment 2A depicting the PG&E and Alma Water easements 2. PG&E or a PG&E contractor will be boring under Highway 17 from the residential properties to the existing overhead power lines on the District's Bear Creek Redwoods Open Space Preserve. 3. The Residential Owners will bore and install 4"electrical conduit from the PG&E transformer to the pump station for the Alma Water System. 4. Subordination agreements are In progress to protect the recorded easements. 5. A$6,400 deposit is being held in escrow as security for the completion of the Residential Owners work. cc: Accounting Board of Directors Field Offices(SFO,FFO&SAO) GIS Administrator Legal Administrative Assistant Management Analyst Operations Manager Planning Manager Public Affairs Administrative Assistant Public Affairs Manager Real Property Administrative Assistant Senior Real Property Planner 3 Lexington 0- 0 fee Fi ` ' ' Reservoir POW" r - . • a. -G x '`: f • f Residential p t r f Transformer. O O L Ott NA ��ff,, ♦� 1 `:K Irk*".� y✓ ;a.. 4. Lexington Reservoir d � Attachment 2A: Easement Exchange Bear Creek Redwoods OSP Midpeninsula Regional Open Space District Electric Easements MROSD Preserves (MROSD) LJ Waterline Easements ,_ Watershed Land IMPrivate Parcels May, 2012 Feet 0 125 250 While the Distract staves to use the best available digital data this data does not represent a legal survey and is merely a graphic nlustratton of geographic features. i Midpeninsula Regional ' Open Space District � y f To: Board of Directors From: Stephen E. Abbors Date: August 1.7, 2012 Re: FYIs i _I' Rgio Midpeninsu Open Space lDist ictnal Memorandum I DATE: August 22, 2012 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: Tina Hugg, Planner III 'r� i SUBJECT: Trail Names for Staging Area and Trails Project at El Corte de Madera Creek Open Space Preserve For permitting purposes, staff assigned temporary working names for the three proposed trails that are part of the El Corte de Madera Creek Staging Area and Trails Project. They are currently known as: the Connector Trail, the Cross Over Trail, and the Bear Gulch Trail. The Connector and Cross Over Trails are part of Phase 1 of the Staging Area and Trails Project (to be constructed this Fiscal Year). The Connector Trail links the new staging area with the rest of the Preserve trail system, and the Cross Over Trail provides a highway crossing to connect the Preserve with the Bay Area Ridge Trail on California Water Service Company(Cal Water) property. The new Bear Gulch Trail is part of future implementation phases(Phases 2-4) that will span over three to five years. This trail will extend southward toward La Honda Creek Open Space Preserve and become a new segment of the Bay Area Ridge Trail. Per Administrative policies, staff consulted with Skyline Field Office staff to identify permanent names for the three new trails. The site's history was the impetus for all three names. The Purdy Trail was chosen for the Cross Over Trail after the"Shingle King,"Purdy Pharis, who ran shingle lumbering operations in the area. The primary reference for Sheldon Purdy Pharis is Saw Mills in the Redwoods by Frank Stanger(1967). The Sierra Morena Trail was chosen for the Connector Trail because it is a natural extension of the existing Sierra Morena Trail. The Oljon Trail was chosen for the Bear Gulch Trail, after consultation with California State Parks Archaeologist Mark Hylkema, and is in honor of the Native American tribe that occupied the lower San Gregorio Creek drainage. Trail use at the Preserve includes hiking,biking, and equestrian (multiple-use). The Oljon Trail and the new extension of the Sierra Morn w -Morena Tr it it a will both be open to multiple use. Due to restrictions on the Cal Water property, the Purdy Trail, which partly traverses Cal Water land, will be limited to hiking and equestrian use. These uses are consistent with the Board-approved Use and Management Plan Amendment for the Preserve. I I Midpeninsula Regional Memorandum ' Open Space District DATE: August 16, 2012 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors,General Manager FROM: Elaina Cuzick SUBJECT: October Farm Interim Grazing License In March of 2012,the District purchased the Peninsula Open Space Trust POST October Farm p p p (POST) Property(see report R-12-30). At the time of purchase the Preliminary Use and Management Plan made the recommendation to rent the grassland areas for cattle grazing on a short-term interim basis until a Rangeland Management Plan (RMP) and lease is developed for the property. Doug Edwards, a District grazing tenant at the Tumtas Creek Ranch, requested to temporarily graze his cattle at October Farm during summer and fall as the availability of water at Tumtas Creek Ranch is limited. An Interim Grazing License was created and signed under the General Manager's authority that allows Mr. Edwards to graze cattle on the property from June 1st through December 31 S`of this year. The term of the agreement is for one year. The License limits the Animal Unit Months(AUM) on the property to 150 at $17.00 per AUM which equates to a maximum rent of$2,550 this year; however, the actual stocking rate will be determined in late August or early September. Mr. Edwards will assist the District in the installation of gates on the cattle pens and the creation of a disc line between the house and grasslands along the road and to the cattle pens located on the eastern side of the property for rental credit under this interim license.