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HomeMy Public PortalAbout20121114 - Agenda Packet - Board of Directors (BOD) - 12-36 Mid peninsula Regional Open Space District Meeting 12-36 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle,Los Altos,CA 94022 Wednesday,November 14,2012 REGULAR MEETING BEGINS AT 5:00 P.m.* AGENDA - 5:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLOSED SESSION ROLL CALL ORAL COMMUNICATIONS—PUBLIC I. CONFERENCE WITH LEGAL COUNSEL—(Government Code section 54956.9(b) Significant exposure to litigation—Lehigh Matter 2. CONFERENCE WITH LABOR NEGOTIATORS--Government Code Section 54957.6 Agency designated representatives: Deborah Glasser-Kolly,Kate Drayson,David Sanguinetti,and Candice Basnight Employee Organization:Midpeninsula Regional Open Space District Field Employees'Association 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— OPEN SESSION REPORT ON RETURN FROM CLOSED SESSION(IF NECESSARY)(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA SPECIAL ORDER OF THE DAY Introduction of New District Staff. Human Resources Supervisor Candice Basnight 7:05 CONSENT CALENDAR I Approve Minutes of the Special and Regular Board Meetings—September 19,October 17,and October 24, 2012 2. Approve Revised Claims Report 3. Approve Written Communications—R.Zatkin,I. Flint,M.Cook,SCC Historical Heritage Commission,and D. Scholz 7:05 CONSENT CALENDAR(CONTINUED) 4. Authorization to Award a Contract to Geoinsite, Inc., for Geologic Engineering Consulting and Construction Support Services for the Mount Umunhum Demolition Project at Sierra Azul Open Space Preserve—G. Coony 5. Authorization to Award a Contract to Northgate Environmental Management Inc. for Environmental Consulting and Construction Support Services for the Mount Umunhurn Demolition Project at Sierra Azul Open Space Preserve—G.Coony 7:20 BOARD BUSINESS 6. Informational Presentation from Paul Ringgold on the Peninsula Open Space Trust(POST)Farniland Protection Program—K. Lenington 7. Approval of the Proposed Purchase of the Peninsula Open Space Trust(Toto Ranch)Property located at 20800 Cabrillo Highway(State Highway 1)in unincorporated San Mateo County(Assessor's Parcel Numbers 08 1- 060-010,011-060-100,011-060-110 and 081-060-120)as an addition to Tunitas Creek Open Space Preserve; Adoption of the Preliminary Use and Management Plan;and Approval of a Categorical Exemption in Accordance with the California Environmental Quality Act—M. Williams 8. Award of Contract for Interim Assistant General Counsel Services with the Law Firm Shute,Mihaly and Weinberger,LLP,in an Amount Not-to-Exceed$248,795 through March 31,2014—S. Schaffner 9. Appointment of Unopposed Candidates in Wards 2,3,4,and 7;Approval of Certificates of Appointment; and Administration of the Oath of Office—M. Radcliffe 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. Conunittee Reports B. Staff Reports C. Director Reports ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TOADDRESS THE BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar.-All items on the Consent Calendar may be approved without discussion by one motion.Board members, the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200, Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will he available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICATION OF POS'I'ING OF AGENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the MROSD Board of Directors was posted and available for review on November 9,2012,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. The agenda is also available on the District's web site at http://www.opgnspace.o Signed this qh day of November,at Los Altos,California. November 9,2012 r Claims No. 12-19 Meeting 12-36 Date 11/14/12 Midpeninsula Regional Open Space District # Amount Name Description 18759 $3,770,000.00 ## Old Republic Title Company Land Acquisition-Toto Ranch Property 18760 $290,000.00 Guadalupe Land Company Tax Costs Associated With The Dissolution Of The Guadalupe Land Company 18761 $130,740.30 *1 TKO General Engineering& Construction Services For ECDM Staging Area&Connector Trail Construction 18762 $122,143.27 Downtown Ford Purchase Of Patrol Truck,Maintenance Truck&Sports Utility Vehicle 18763 $63,855.00 TKO General Engineering& Ponds DR07&DR08 Construction&Repair Services Construction 18764 $30,013.14 Shute, Mihaly&Weinberger LLP Technical Assistance For Lehigh Reclamation Plan Review 18765 $28,903.27 M.T.Metal Fabrication Sign Boards For ECDM Staging Area&Skyline Preserves 18766 $26,475.41 Santa Clara County Communications Services Related To The Design, Installation&Maintenance Of A Two Way Radio System 18767 $10,786.05 Condor Country Consulting Biological Monitoring Services For Ponds DR07&DR08 18768 $9,391.25 The Creative Group Temporary Media Communication Specialist 18769 $7,700.00 Vibro-Acoustic Consultants Noise Studies At ECDM&Purisima Creek Redwoods 18770 $7,377.49 New World Systems Integrated Accounting And Financial System Software& Implementation Services 18771 $7,017.55 *2 First National Bank Conferences&Training Expenses-California Invasive Weed Symposium/Pacific Southwest Maintenance Management School/Central Coast Rangelands Coalition Fall Conference/ CEQA Workshop/California Special Districts Association Conference li 18772 $6,893.50 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum 18773 $6,624.02 Sol's Mobile Service Vehicle Maintenance&Repairs 18774 $6,354.43 Design Concepts Graphic Design Services-Postcards&Flyers For Mt. Umunhum Public Meeting/Business Cards/Ward Map For AO Lobby 18775 $5,676.27 Patsons Media Group Printing Services-Flyers&Postcards For Mt. Umunhum Public Meeting/Brochures/Business Cards/Mailing Cost For Fall Newsletter 18776 $5,430.00 Bartel Associates Consulting Services-OPEB Actuarial Valuation 18777 $5,164.00 TBWB Strategies Consulting Services For Radar Tower Project At Mt.Umunhum 18778 $4,768.50 Accountemps Accounting Temp 18779 $4,611.30 Hertz Equipment Rental Equipment Rental-Roller Rental For Roadwork At Fremont Older /Dozer Rental For Trail&Road Work At Russian Ridge&ECDM 18780 $3,752.64 *2 First National Bank Staff Recognition Event Expenses 18781 $3,372.50 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 18782 $2,894.75 Redwood General Tire Company Tires 18783 $2,858.98 Sunnyvale Ford Vehicle Maintenance&Repairs 18784 $2,843.73 Stevens Creek Quarry Rock For Fremont Older Road Work,Rental Residence Parking Area&High Meadow Trail Project 18785 $2,632.00 Security Code 3 Patrol Services-Mt. Umunhum 18786 $2,569A8 Protection One Installation Of Fire Horn Alarms For Emergency Evacuation-AO 18787 $2,530.63 Metro Mobile Communications Reprogram Portable Radio/Vehicle Repeater Radio For New Patrol Truck/Chargers For Portable Radios 18788 $2,248,79 Mortensen Design Additions To District Identity Guidelines&Develop Color Palette For District Publications 18789 $2,162.50 Mark Thomas&Company Survey Services For ECDM Staging Area&Trails Project 18790 $2,105.95 Howard Rome Martin&Ridley Legal Services-Gullicksen Litigation 18791 $2,073.08 Pape' Machinery Maintenance&Parts For Excavator 18792 $2,055.00 Glasser Kolly Labor Relations Consultant Services-Labor Negotiations 18793 $1,999.99 *2 First National Bank Business Related Meals-Board Meetings&Closed Sessions/ GM Meetings/Operations Department Meeting/Real Property Department Meeting/Vision Plan Workshop/Mt.Umunhum Public Meeting Page 1 of 4 t Claims No. 12-19 Meeting 12-36 Date 11/14/12 Midpeninsula Regional Open Space District # Amount Name Description 18794 $1,865.50 Pine Cone Lumber Construction Material For SFO HVAC Project 18795 $1,781.69 Summit Uniforms Uniform Expenses 18796 $1,500.00 Bay Nature Institute Advertisement On Website For Trailfinder Sponsorship 18797 $1,450.00 Aaron's Septic Tank Service Pumping Services-Rental Residence,Purisima Creek Redwoods &Windy Hill 18798 $1,402.50 Timothy C. Best,CEG Engineering Services-Construction Administration For ECDM Staging Area&Trails Project 18799 $1,346.49 The Sign Shop Sign For Windy Hill/Signs For Quarry Trail&Airplane Field At RSA 18800 $1,322.55 *2 First National Bank Field Supplies/Trail Camera/Poison Oak Soap/Binoculars/ Flash Lights/Batteries For Portable Radios/Supplies For Wood Chipper Repair 18801 $1,298.04 Big Creek Lumber Fence&Sign Posts For FFO Stock/Lumber For Deck At Rental Residence/Lumber For Signs At ECDM 18802 $1,205.00 Ifland Survey Survey Services At Saratoga Gap 18803 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 18804 $1,159.31 Costco Gift Basket Items For Volunteer Recognition Event/Wiper Blades /Food For Staff Recognition Event/Break Room&Office Supplies 18805 $1,060.08 Hsieh, Benny Reimbursement-Break Room Supplies/Office Supplies/NWS Conference Expenses/Mileage 18806 $1,000.00 MCB Remodeling Window Repair At Rental Residence 18807 $939.24 Gardenland Power Equipment Field Supplies/Chainsaw Oil/Parts For Pole Pruner/Spark Plugs/Air&Fuel Filters/Chain Sharpening/Safety Helmets/ Tachometer 18808 $888.81 *2 First National Bank Volunteer Recognition Event Supplies 18809 $860.47 *2 First National Bank Advertising,Subscriptions&Books-One Year Subscription For Online Water Operator Training/Google Earth Pro Subscription/ Subscription For Vision Plan Online Management Tool 18810 $763.04 The Ed Jones Company Uniform Badges For Rangers 18811 $736.94 Tadco Supply Janitorial Supplies 18812 $715.49 Burrellesluce Media Contacts For Press Releases&E-Clipping Service 18813 $680.00 Fall Creek Engineering Design&Engineering Services For Ponds DR07&DR08 At La Honda Creek 18814 $671.98 Dutra Materials Rock For Trail Project At RSA 18815 $655.16 LFR An ARCADIS Company Engineer&Design Services-ECDM Staging Area&Trails Project 18816 $592.60 John Shelton Culverts 18817 $588.00 Intelli-tech Preventative Maintenance Inspection Of Fire Suppression System-AO 18818 $558.18 San Jose Water Company Water Service-RSA 18819 $512.60 Greg's Trucking Service Trucking Services-Rock For FFO Stock 18820 $504.08 CMK Automotive Vehicle Maintenance&Repairs 18821 $492.12 *2 First National Bank Vehicle Maintenance&Supplies 18822 $488.00 Le's Alterations Sew Badges&Name Tags For Ranger Uniforms 18823 $453.00 Systems For Public Safety Background Check For Ranger Candidate 18824 $450.00 Sonoma State University Historic Records Research For Compliance With The Land& Water Conservation Fund Program 18825 $398.18 Sherry L Niswander&Associates Technical Assistance-Public Vs.Private Contracting Requirements,Costs&Issues 18826 $396.84 Northgate Environmental Management Consulting Services-Powell Property Landfill Investigation 18827 $395.55 California Water Service Company Water Service-AO,Windy Hill&Rental Residences 18828 $390.15 Reed&Graham Straw Bales 18829 $379.23 Recology South Bay Dumpster Service-RSA 18830 $300.00 Sea Crest School Room Rental For Board Meeting Page 2 of 4 i Claims No. 12-19 Meeting 12-36 Date 11/14/12 Midpeninsula Regional Open Space District # Amount Name Description 18831 $298.00 Del Rey Building Maintenance Janitorial Supplies-AO 18832 $267.65 Safety Kleen Solvent Tank Services-SFO 18833 $264.00 Ergovera Ergonomic Evaluation&Report 18834 $261.88 Parry,Rick Reimbursement-California Invasive Plant Council Conference Expenses 18835 $261.69 Arranged 4 Comfort Ergonomic Equipment 18836 $256.35 Petrotek Repair Fuel Tanks-FFO 18837 $245.04 Jackson-Hirsh Laminating Supplies 18838 $240.00 Coastal Chimney Sweep Chimney Sweep-Rental Residences 18839 $224.05 Silverman,Joel Reimbursement-Mileage&California Invasive Plant Council Conference Expenses 18840 $215.94 G&K Services Shop Towel Service-SFO&FFO 18841 $187.00 Rich Voss Trucking Trucking Services-Rock Delivery To FFO For High Meadow Trail Work 18842 $162.91 *2 First National Bank Computer,Website&Internet Expenses Email Service Provider For Sending Email Blasts/Wi-Fi For GM iPad/Web Hosting Service 18843 $143.18 Royal Brass Parts For Mini Excavator/Parts For Mower/Degreaser 18844 $142.72 *2 First National Bank Nature Center Supplies 18845 $135.00 Jim Davis Automotive Smog Checks 18846 88 6 $134.98 The Expenses Workingman's Emporium Uniform Ex 9 P P 18847 $126.37 *2 First National Bank Miscellaneous Expenses-Frames For Resolutions!Mt. Umunhum Public Meeting Expenses 18848 $109.00 Coastal Sierra Internet Service-SFO 18849 $108.14 Redwood Trading Post Uniform Expenses 18850 $107.78 Design Signs Gate Numbers&Letters 18851 $104.67 Highway Technologies Decals For Tractors 18852 $104.25 Life Assist Hand Sanitizer 18853 $91.60 FedEx Shipping Charges 18854 $90.00 *2 First National Bank Membership Dues-Pesticide Applicators Association 18855 $77.17 Peterson Tractor Tractor Supplies-Coolant 18856 $74.56 West Coast Aggregates Rock For Cordilleras Trail At Pulgas Ridge 18857 $72.99 Sterzl,Owen Reimbursement-NWS&Boxworks Conference Expenses 18858 $69.17 # California Water Service Company Water Service-Hawthorn Property 18859 $60.00 Jurich,Michael Reimbursement-Cell Phone 18860 $54.13 Cermeno,Sal Reimbursement-Uniform Expense 18861 $54.13 G.P.Sports Battery For Motorcycle 18862 $54.09 Tooland Tools For SFO Shop 18863 $52.11 Orchard Supply Hardware Field Supplies/Tools For SFO Shop/Supplies For Skyline Ridge Water System 18864 $50.00 *3 Santa Clara County Clerk Recorder CEQA Filing Fee For Mt.Umunhum Site Planning 18865 $38.25 Powerland Equipment Mower Parts 18866 $32.04 Foster Brothers PadLock-SFO 18867 $27.06 Downing,Brendan Reimbursement-Uniform Expense 18868 $23.14 Paterson,Loro Reimbursement-Uniform Expense 18869 $22.22 United Parcel Service Parcel Shipping 18870 $21.65 Davison,Steve Reimbursement-Uniform Expense 18871 $21.40 Recognition Specialties Name Badges For Staff 18872 $12.77 O'Reilly Auto Parts Break Lamp For Truck 18873 $10.00 Sunset Magazine Subscription 18874 $8.39 Bridge Wireless Radio Supply Page 3 of 4 Claims No. 12-19 Meeting 12-36 Date 11/14/12 Midpeninsula Regional Open Space District # Amount Name Description Total $4,622,515.06 *1 Urgent check issued 10/30/12 *2 Urgent check issued 11/6/12 The total amount for First National Bank is$16,856.13 *3 Urgent check issued 11/2/12 # Hawthorn expenses ## In the event agenda item is not approved,this claim will not be processed Page 4 of 4 Claims No. 12-19 Meeting 12-36 Date 11/14/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18759 $3,770,000.00 ## Old Republic Title Company Land Acquisition-Toto Ranch Property 18760 $290,000.00 Guadalupe Land Company Tax Costs Associated With The Dissolution Of The Guadalupe Land Company 18761 $130,740.30 *1 TKO General Engineering& Construction Services For ECDM Staging Area&Connector Trail Construction 18762 $122,143.27 Downtown Ford Purchase Of Patrol Truck,Maintenance Truck&Sports Utility Vehicle 18763 $63,855.00 TKO General Engineering& Ponds DR07&DR08 Construction&Repair Services Construction 18764 $30,013.14 Shute,Mihaly&Weinberger LLP Technical Assistance For Lehigh Reclamation Plan Review 18765 $28,903.27 M.T.Metal Fabrication Sign Boards For ECDM Staging Area&Skyline Preserves 18766 $26,475.41 Santa Clara County Communications Services Related To The Design, Installation&Maintenance Of A Two Way Radio System 18767 $10,786.05 Condor Country Consulting Biological Monitoring Services For Ponds DR07&DR08 18768 $9,391.25 The Creative Group Temporary Media Communication Specialist 18769 $7,700.00 Vibro-Acoustic Consultants Noise Studies At ECDM&Purisima Creek Redwoods 18770 $7,377.49 New World Systems Integrated Accounting And Financial System Software& Implementation Services 18771 $7,017.55 *2 First National Bank Conferences&Training Expenses-California Invasive Weed Symposium/Pacific Southwest Maintenance Management School/Central Coast Rangelands Coalition Fall Conference/ CEQA Workshop/California Special Districts Association Conference 18772 $6,893.50 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum 18773 $6,624.02 Sol's Mobile Service Vehicle Maintenance&Repairs 18774 $6,354A3 Design Concepts Graphic Design Services-Postcards&Flyers For Mt.Umunhum Public Meeting/Business Cards/Ward Map For AO Lobby 18775 $5,676.27 Patsons Media Group Printing Services-Flyers&Postcards For Mt.Umunhum Public Meeting/Brochures/Business Cards/Mailing Cost For Fall Newsletter 18776 $5,430.00 Bartel Associates Consulting Services-OPEB Actuarial Valuation 18777 $5,164.00 TBWB Strategies Consulting Services For Radar Tower Project At Mt. Umunhum 18778 $4,768.50 Accountemps Accounting Temp 18779 $4,611,30 Hertz Equipment Rental Equipment Rental-Roller Rental For Roadwork At Fremont Older /Dozer Rental For Trail&Road Work At Russian Ridge&ECDM 18780 $3,752.64 *2 First National Bank Staff Recognition Event Expenses 18781 $3,372.50 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 18782 $2,894.75 Redwood General Tire Company Tires 18783 $2,858.98 Sunnyvale Ford Vehicle Maintenance&Repairs 18784 $2,843.73 Stevens Creek Quarry Rock For Fremont Older Road Work,Rental Residence Parking Area&High Meadow Trail Project 18785 $2,632.00 Security Code 3 Patrol Services-Mt.Umunhum 18786 $2,569.48 Protection One Installation Of Fire Hom Alarms For Emergency Evacuation-AO 18787 $2,530.63 Metro Mobile Communications Reprogram Portable Radio/Vehicle Repeater Radio For New Patrol Truck/Chargers For Portable Radios 18788 $2,248.79 Mortensen Design Additions To District Identity Guidelines&Develop Color Palette For District Publications 18789 $2,162.50 Mark Thomas&Company Survey Services For ECDM Staging Area&Trails Project 18790 $2,105.95 Howard Rome Martin&Ridley Legal Services-Gullicksen Litigation 18791 $2,073.08 Pape' Machinery Maintenance&Parts For Excavator 18792 $2,055.00 Glasser Kolly Labor Relations Consultant Services-Labor Negotiations 18793 $1,999.99 *2 First National Bank Business Related Meals-Board Meetings&Closed Sessions/ GM Meetings/Operations Department Meeting/Real Property Department Meeting/Vision Plan Workshop/Mt.Umunhum Public Meeting Page t of 5 Claims No. 12-19 Meeting 12-36 Date 11/14/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18794 $1,865.50 Pine Cone Lumber Construction Material For SFO HVAC Project 18795 $1,781.69 Summit Uniforms Uniform Expenses 18796 $1,500,00 Bay Nature Institute Advertisement On Website For Trailfinder Sponsorship 18797 $1,450.00 Aaron's Septic Tank Service Pumping Services-Rental Residence,Purisima Creek Redwoods &Windy Hill 18798 $1,402.50 Timothy C.Best,CEG Engineering Services-Construction Administration For ECDM Staging Area&Trails Project 18799 $1,346.49 The Sign Shop Sign For Windy Hill/Signs For Quarry Trail&Airplane Field At RSA 18800 $1,322.55 *2 First National Bank Field Supplies/Trail Camera/Poison Oak Soap/Binoculars 1 Flash Lights/Batteries For Portable Radios/Supplies For Wood Chipper Repair 18801 $1,298.04 Big Creek Lumber Fence&Sign Posts For FFO Stock/Lumber For Deck At Rental Residence/Lumber For Signs At ECDM 18802 $1,205.00 Ifland Survey Survey Services At Saratoga Gap 18803 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 18804 $1,159.31 Costco Gift Basket Items For Volunteer Recognition Event/Wiper Blades /Food For Staff Recognition Event/Break Room&Office Supplies 18805 $1,060.08 Hsieh,Benny Reimbursement-Break Room Supplies/Office Supplies/NWS Conference Expenses/Mileage 18806 $1,000.00 MCB Remodeling Window Repair At Rental Residence 18807 $939.24 Gardenland Power Equipment Field Supplies/Chainsaw Oil/Parts For Pole Pruner/Spark Plugs/Air&Fuel Filters/Chain Sharpening/Safety Helmets! Tachometer 18808 $888.81 *2 First National Bank Volunteer Recognition Event Supplies 18809 $860.47 *2 First National Bank Advertising,Subscriptions&Books-One Year Subscription For Online Water Operator Training/Google Earth Pro Subscription! Subscription For Vision Plan Online Management Tool 18810 $763.04 The Ed Jones Company Uniform Badges For Rangers 18811 $736.94 Tadco Supply Janitorial Supplies 18812 $715.49 Burrellesluce Media Contacts For Press Releases&E-Clipping Service 18813 $680.00 Fall Creek Engineering Design&Engineering Services For Ponds DR07&DR08 At La Honda Creek 18814 $671.98 Dutra Materials Rock For Trail Project At RSA 18815 $655.16 LFR An ARCADIS Company Engineer&Design Services-ECDM Staging Area&Trails Project 18816 $592.60 John Shelton Culverts 18817 $588.00 Intelli-tech Preventative Maintenance Inspection Of Fire Suppression System-AO 18818 $558.18 San Jose Water Company Water Service-RSA 18819 $512.60 Greg's Trucking Service Trucking Services-Rock For FFO Stock 18820 $504.08 CMK Automotive Vehicle Maintenance&Repairs 18821 $492.12 *2 First National Bank Vehicle Maintenance&Supplies 18822 $488.00 Le's Alterations Sew Badges&Name Tags For Ranger Uniforms 18823 $453.00 Systems For Public Safety Background Check For Ranger Candidate 18824 $450.00 Sonoma State University Historic Records Research For Compliance With The Land& Water Conservation Fund Program 18825 $398.18 Sherry L Niswander&Associates Technical Assistance-Public Vs. Private Contracting Requirements,Costs&Issues 18826 $396.84 Northgate Environmental Management Consulting Services-Powell Property Landfill Investigation 18827 $395.55 California Water Service Company Water Service-AO,Windy Hill&Rental Residences 18828 $390.15 Reed&Graham Straw Bales 18829 $379.23 Recology South Bay Dumpster Service-RSA 18830 $300.00 Sea Crest School Room Rental For Board Meeting Page 2 of 5 Claims No. 12-19 Meeting 12-36 Date 11/14/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18831 $298.00 Del Rey Building Maintenance Janitorial Supplies-AO 18832 $267.65 Safety Kleen Solvent Tank Services-SFO 18833 $264.00 Ergovera Ergonomic Evaluation&Report 18834 $261.88 Parry,Rick Reimbursement-California Invasive Plant Council Conference Expenses 18835 $261.69 Arranged 4 Comfort Ergonomic Equipment 18836 $256.35 Petrotek Repair Fuel Tanks-FFO 18837 $245.04 Jackson-Hirsh Laminating Supplies 18838 $240.00 Coastal Chimney Sweep Chimney Sweep-Rental Residences 18839 $224.05 Silverman,Joel Reimbursement-Mileage&California Invasive Plant Council Conference Expenses 18840 $215.94 G&K Services Shop Towel Service-SFO&FFO 18841 $187.00 Rich Voss Trucking Trucking Services-Rock Delivery To FFO For High Meadow Trail Work 18842 $162.91 *2 First National Bank Computer,Website&Internet Expenses-Email Service Provider For Sending Email Blasts/Wi-Fi For GM iPad/Web Hosting Service 18843 $143.18 Royal Brass Parts For Mini Excavator/Parts For Mower/Degreaser 18844 $142.72 *2 First National Bank Nature Center Supplies 18845 $135.00 Jim Davis Automotive Smog Checks 18846 $134.98 The Workingman's Emporium Uniform Expenses 18847 $126.37 *2 First National Bank Miscellaneous Expenses-Frames For Resolutions/Mt. Umunhum Public Meeting Expenses 18848 $109.00 Coastal Sierra Internet Service-SFO 18849 $108.14 Redwood Trading Post Uniform Expenses 18850 $107.78 Design Signs Gate Numbers&Letters 18851 $104.67 Highway Technologies Decals For Tractors 18852 $104.25 Life Assist Hand Sanitizer 18853 $91.60 Fed Ex Shipping Charges 18854 $90.00 *2 First National Bank Membership Dues-Pesticide Applicators Association 18855 $77.17 Peterson Tractor Tractor Supplies-Coolant 18856 $74.56 West Coast Aggregates Rock For Cordilleras Trail At Pulgas Ridge 18857 $72.99 Sterzl,Owen Reimbursement-NWS&Boxworks Conference Expenses 18858 $69.17 # California Water Service Company Water Service-Hawthorn Property 18859 $60.00 Jurich,Michael Reimbursement-Cell Phone 18860 $54.13 Cermeno,Sal Reimbursement-Uniform Expense 18861 $54.13 G.P.Sports Battery For Motorcycle 18862 $54.09 Tooland Tools For SFO Shop 18863 $52.11 Orchard Supply Hardware Field Supplies/Tools For SFO Shop/Supplies For Skyline Ridge Water System 18864 $50.00 *3 Santa Clara County Clerk Recorder CEQA Filing Fee For Mt. Umunhum Site Planning 18865 $38.25 Powerland Equipment Mower Parts 18866 $32.04 Foster Brothers Padlock-SFO 18867 $27.06 Downing,Brendan Reimbursement-Uniform Expense 18868 $23.14 Paterson,Loro Reimbursement-Uniform Expense 18869 $22.22 United Parcel Service Parcel Shipping 18870 $21.65 Davison,Steve Reimbursement-Uniform Expense 18871 $21.40 Recognition Specialties Name Badges For Staff 18872 $12.77 O'Reilly Auto Parts Break Lamp For Truck 18873 $10.00 Sunset Magazine Subscription 18874 $8.39 Bridge Wireless Radio Supply Page 3 of 5 Claims No. 12-19 Meeting 12-36 Date 11/14/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18875 R $5,924.00 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 18876 R $4,644.44 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm Phase III 18877 R $4,152.50 Accountemps Accounting Temp/Payroll Temp For IAFS Payroll Module Implementation 18878 R $3,602.50 Timothy C.Best,CEG Geologic Services-Hendrys Creek Priority Stream Crossing Restoration Project 18879 R $1,662.74 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring&Nest Surveys 18880 R $1,596.19 Office Depot Office Supplies/Binders/Label Dividers/Computer Mice/Table Fan/Calendars/Batteries/Foam Boards/Hole Punch/Pens/ Wall Planner/USB Hub/Volunteer Recognition Event Supplies 18881 R $1,505.00 Dick Haiduck Reimbursement-Slender False Brome Treatment 18882 R $1,375.00 Wildland Resource Management CEQA Support For Mt. Umunhum Site Planning 18883 R $1,260.00 Ric Springer Reimbursement-Slender False Brome Treatment 18884 R $910.00 Don Lan rock Reimbursement-Slender False Brome Treatment t 18885 R $875,00 Heath Lukatch Reimbursement-Slender False Brome Treatment 18886 R $840.00 Ray Weikal Reimbursement-Slender False Brome Treatment 18887 R $700.00 Jake Van Heeckeren Reimbursement-Slender False Brome Treatment 18888 R $595.00 Tim Johnson Reimbursement-Slender False Brome Treatment 18889 R $550.00 *4 White Nelson Diehl Evans Registration-2012 Government Tax Seminar 18890 R $502.81 Home Depot Field Supplies/Signboards/Shop Supplies&Tools For FFO& SFO/Supplies For DHF/Lumber For SAO Benches&Pulgas Ridge Trail Repairs/Concrete For La Honda Creek Gate Repairs 18891 R $420.00 Charles McDonald Reimbursement-Slender False Brome Treatment 18892 R $367.33 Cermeno,Sal Reimbursement-Uniform Expense 18893 R $350.00 Michael Repka Reimbursement-Slender False Brome Treatment 18894 R $282.86 Petty Cash Mileage/Parking Fees/Car Wash/Field Supplies/Volunteer& Docent Supplies/Notary Expenses 18895 R $280.00 Ron Haddix Reimbursement-Slender False Brome Treatment 18896 R $276.49 Williams,Michael Reimbursement-Mileage&Cell Phone 18897 R $245.00 Susan Kahn Reimbursement-Slender False Brome Treatment 18898 R $210.00 Bobbin Teegarden Reimbursement-Slender False Brome Treatment 18899 R $210.00 Wayne Davison Reimbursement-Slender False Brome Treatment 18900 R $156.27 Hooper,Stan Reimbursement-California Invasive Plant Council Conference Expenses 18901 R $140.00 Al LaPierre Reimbursement-Slender False Brome Treatment 18902 R $140.00 Bonita Twombly Reimbursement-Slender False Brome Treatment 18903 R $74.87 McKowan,Paul Reimbursement-Volunteer Supplies 18904 R $32.00 *5 Santa Clara County-Cities Managers' City Managers/Assistant City Managers Meeting Association Page 4 of 5 Claims No. 12-19 Meeting 12-36 Date 11/14/12 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $4,656,395.06 *1 Urgent check issued 10/30/12 *2 Urgent check issued 11/6/12 The total amount for First National Bank is$16,856.13 *3 Urgent check issued 11/2/12 *4 Urgent check issued 11/9/12 *5 Urgent check issued 11/13/12 # Hawthorn expenses ## In the event agenda item is not approved,this claim will not be processed i Page 5 of 5 I s, Midpeninsufa Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: November 14, 2012 Re: Written Communications October 9, 2012 Board of Directors Midpeninsula Regional Open Space District 33o Distel Circle Los Altos, California 94022 Members of the Board: Following my letter to the Board concerning the issue of"The Box"located on the former Almaden Air Force Station Sierra Azul Open Space Preserve I have given thought to venues through which the Midpeninsula Regional Open Space District (District) can improve its public image in a manner that allows the District to get out in front of issues, and better adapt and to be adept to the changing landscape of politics and promises in the District service area. Following are my ideas and suggestions. Da ace Open S s P P Y An annual two day event held in mid-spring showcasing the philosophical foundation, accomplishments, and lands that are the Midpeninsula Regional Open Space District (District). The primary location will be a preserve with abundant space for vehicle parking and presentations, for example Skyline Ridge. Open Space Days can provide opportunities for attendants to enjoy and further their understanding of the District. For example, docent led hikes in various preserves can be held during which the biogeological attributes of a given Preserve are highlighted. Government, non-government and for-profit entities, could present on their missions and products as booths, and as always the case, food could be offered for sale. Presence on the World Wide Web The District should establish a push-based presence on the World Wide Web (Web) through which information could be sent to citizens that register with an appropriate Web site that enables connection to the District. The types of information that can be pushed to registered citizens may include — trail conditions, announcements of meetings of the Board, special events, docent led hikes, volunteer efforts and etcetera. Two Web sites that are amenable to establishing a District presence on the Web are Facebook and Twitter. Carbon Sequestration The Santa Cruz Mountains contains extensive areas covered, and formerly covered, with dense mature conifer and hardwood forests. Most of these areas have been subjected to periodic intensive timber harvest operations that were not followed by focused effort to recover the full biological diversity and productivity of the harvested areas. Trees and vegetation withdraw carbon dioxide (CO2), a principal human-generated climate change gas, from the atmosphere. Death and decomposition of trees and vegetation increase CO2 concentrations in soils. Page 1 Such management of forested land has been the focus of scientific research and policy debate as efforts, past and future, are mounted to stabilize the concentration of human generated climate change gases.2 Properly managed stands of trees, other types of vegetation and associated soils can serve as banks for sequestration of CO23 though which carbon credits can be purchased. Public lands in the Santa Cruz Mountains may be of sufficient size and sequestration potential under management schemes to establish a CO2 sequestration bank. To date it appears that a concerted effort has not been promulgated, across jurisdictional and agency boundaries, to determine the potential and viability of CO2 sequestration banking on public lands in the Santa Cruz Mountains. The District could establish itself as the lead entity of a CO2 sequestration banking effort in the Santa Cruz Mountains by facilitating a task force approach to the potential. Facilitation would require meetings of representatives of the entities4 that manage public, or are vested in, public lands in the Santa Cruz Mountains.The initial process flow of such an effort may be as follows. 1. Establish an internship through a local university for one or two students to research and summarize the extant literature concerning CO2 sequestration on forested lands and CO2 sequestration banking. 2. Consult with entities that have established CO2 sequestration banks. 3. Call meetings of senior managers of all public and private entities vested with, and supporting, the acquisition and management of public lands in the Santa Cruz Mountains. 4. Present the potential in the context of— (a) the extant scientific literature, and (b) exemplars of the potential as executed in other regions and nations. 5. Present scenarios for viable evaluation of the process through which a proximal determination can be obtained of the annual unit area mass of CO2 sequestration potential of public lands in the Santa Cruz Mountains. The evaluation process is likely amenable to academic study through a major regional University — in particular the University of California at Berkeley or Stanford University — or established protocols, if such exist, of the United States Forest Service, the California Department of Forestry and Fire Protection and other such entities. 6. Put forth an action plan that would move the concept forward to field-based pilot studies of stands of various types of trees, other vegetation and soils. Such studies would require selective harvesting and vegetation management and robust effort to collect relevant data. Page 2 7. Following from the analysis of data collected from the filed-based pilot studies a decision would be derived for moving forward to full-scale implementation of a CO2 sequestration bank in the Santa Cruz Mountains. Benefits that may accrue to the District by taking the lead on a CO2 sequestration effort in the Santa Cruz Mountains include the following. ■ Demonstrate that in philosophy and field-based action the District seeks viable ways within its service area to incrementally reverse the accelerating degradation of the biogeosphere due to the human enterprise, in particular human caused climate change. ■ Establish the potential for the District, and participating entities, to develop partnerships with regional corporations, in particular those within the District's service area. The essence of the partnerships is that corporations, by way of purchasing CO2 sequestration bank credits in the Santa Cruz Mountains, demonstrate that they too are concerned about the affect of the human enterprise to the biogeosphere. ■ Providing a consistence revenue stream to the District and participating entities that hold land in the public trust in the Santa Cruz Mountains. The revenue stream would be obtained by way of metering the annual sale of CO2 sequestration credits to not exceed the maximum calculated amount as mass of CO2 sequestration that can be obtained through management of trees, other vegetation and soils. ■ Through good science, and application of sound forest and soil management practices, improve the biogeological function of public lands in the Santa Cruz Mountains. Such improvement should translate to increased species diversity, habitat quality and complexity, and improvement of ecosystem services.5 ■ Production of milled timber that can be used by the District for repair and construction for bridges, railings, signs, and building repair and construction, and other such needs for wood. Research District lands encompass a wide-range of diverse biological and geological environments and attendant ecosystem services. Many lands have been subject to the affects of the human enterprise, and to varying degrees, are in conditions of recovery that may, or may not, result in systems eventually being proximal to those prior to the arrival of European peoples. In a regional context District lands are likely amongst the most biologically and geologically diverse in the San Francisco Bay Region. This diversity is largely due to movement along the San Andreas Fault and related faults that transect the District's service area. Page 3 District lands are amenable to a broad range of opportunities for academic research and teaching in relevant sciences — Biology, Geology, Hydrology, Pedology, Forestry and others. The District should establish a proactive program for reaching out to regional and trans-regional universities to define and promulgate research opportunities on District lands across all levels of the academic enterprise — Senior and Masters Thesis, Ph.D. dissertation, undergraduate education, and long-term research endeavors by Professors and their research groups. Potential areas of research abound —following are a few high-level topics. ■ Sudden Oak Death Syndrome ■ Affects to ecosystem function, particularly aquatic habitats, from road and trail maintenance techniques. • Affects to ecosystem function, particularly aquatic habitats, from the presence of mountain bike use. ■ Changes in distribution, density and functional aspects of species and complexes of species due to climate change. ■ Changes in surface hydrologic regimes due to climate change. ■ Changes to species, complexes of species and habitat distribution under various vegetation management schemes. ■ Rehabilitation and restoration of heavily logged areas. • Changes in species complex and habitat of restored areas due to climate change. ■ Identification and restoration of anadromous salmonid habitat and changes to such habitat through time due to climate change. ■ Changes in slope stability and delivery of sediment to the channel network due to climate change. ■ Affects to aquatic species habitat form changes in sediment delivery regime due to climate change. Center for Excellence in Regional and Trans-regional Public Lands Stewardship and Management The District is uniquely positioned to establish an endeavor focused on the sciences related to land stewardship and the management of public lands — a Center for Excellence in Regional and Trans-regional Public Lands Stewardship and Management(Center). This position follows from the relative maturity of the Page 4 District, a public that nominally the District and its missions, and the proximity of the District to major research universities. The initial foundation of a Center would be the institutional knowledge and experience of the District and that of other public land management entities at all levels government,with a focus on the following: ■ The evolving challenges and promises of stewardship of public lands. ■ Stewardship of public lands under a changing climate regime. i ■ The interface between past, present and current science and research that produce results directly relevant to stewardship of public lands, in particular increased species diversity, habitat quality and complexity, and improvement of ecosystem services. ■ Fiscal challenges to management of public lands in a worsening economy. ........... ■ Challenges to management of public lands with continual increase in the human population. ■ Challenges to management of public lands coincident with depletion of the global petroleum resource and concomitant increase in the volume of visitors to public lands located in and near large urban/suburban environments. Derivatives from the initial foundation could be research through universities and government agencies to better understand the dynamics of land stewardship and the management of public lands. In closing I have expended the effort summarized in this letter because I believe it is now time for the District to get out in front of issues to better adapt and to be more adept to the changing landscape of politics and promises in the District service area. I understand that the District is in-process of making changes to a wide range of internal processes and procedures which will ultimately improve the efficiency and efficacy of execution by the District of its mission. Sincerely s Page 5 I United States Geological Survey State of California Regional Water Quality Control Board,San Francisco Bay Region State of California,Department of Fish and Wildlife National Oceanic and Atmospheric Administration Fisheries Service Recreation Equipment Incorporated Yerba Buena Nursery Acterra Sierra Club San Gregorio Environmental Resource Center 2"Forests are a significant part of the global carbon cycle.Plants use sunlight to convert CO2, water,and nutrients into sugars and carbohydrates,which accumulate in leaves,twigs,sterns,and roots.Plants also respire,releasing CO2.Plants eventually die,releasing their stored carbon to the atmosphere quickly or to the soil where it decomposes slowly and increases soil carbon levels. However,little information exists on the processes and diverse rates of soil carbon change. How to account for changes in forest carbon has been contentious.Land use changes—especially afforestation and deforestation—can have major impacts on carbon storage.Foresters often cut some vegetation to enhance growth of desired trees.Enhanced growth stores more carbon,but the cut vegetation releases CO2;the net effect depends on many factors,such as prior and subsequent growth rates and the quantity and disposal of cut vegetation.Rising atmospheric CO2 may stimulate tree growth,but limited availability of other nutrients may constrain that growth. In this context,timber harvesting is an especially controversial forestry practice.Some argue that the carbon released by cutting exceeds the carbon stored in wood products and in tree growth by new forests.Others counter that old-growth forests store little or no additional carbon,and that new forest growth and efficient wood use can increase net carbon storage.The impacts vary widely,and depend on many factors,including soil impacts,treatment of residual forest biomass, proportion of carbon removed from the site,and duration and disposal of the products.To date, the quantitative relationships between these factors and net carbon storage have not been established." Carbon Sequestration in Forests by Ross W.Gorte Congressional Research Service August 6, 2009 3 See http://www.conservationfund.org/north coast forests 4 California Coastal Conservancy California Department of Parks and Recreation California Wildlife Conservation Board Land Trust of Santa Cruz County Midpeninsula Regional Open Space District San Mateo County Department of Parks Santa Clara County Department of Parks and Recreation Santa Clara County Open Space Authority Santa Cruz County Department of Public Works—Parks,Open Space and Cultural Services Peninsula Open Space Trust(POST) Save the Redwoods League The California Coast 1 Conservancy The Trust for Public tands 5 The Tarwater Loop trail in the San Mateo County Pescadero Creek County Park provides a stark example of the biological difference between two drainages—one that was heavily logged with no i Page 6 I i post-logging effort to re-establish a healthy expanse of conifer forest and ecosystem services,the other a drainage heavily timbered in old growth redwood in which no,or little,logging has occurred and biological function is robust.The heavily logged drainage is the lower Shingle Mill Creek through which the eastern portion of the Tarwater Loop trail is aligned.The heavily timbered drainage is the lower Tarwater Creek through which the western portion of the Tarwater Loop trail is aligned.Hiking the Tarwater Loop Trail affords the best perspective on the contrast between the two drainages.The lower Shingle Mill Creek and Tarwater Creek drainages are readily accessible via motor vehicle on service roads within Pescadero Creek County Park. Permission and accommodation for an in-field site visit will be required from San Mateo County Department of Parks as the service roads are fronted by locked gates. See: www.co.sanmateo.ca.us/portal/site/parks/menuitem.fl3bead76123ee4482439054dl7332ao/?vg nextoid=749126eei8i522loVgnVCMl00000i93723oaRCRD&cpsextcurrchannel=i i Ili a Page 7 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION November 14, 2012 Robert Zatkin P.O. Box 139 San Carlos,CA 94070 RE: Correspondence dated October 9, 2012 Dear Robert, Thank you for your letter. We appreciate the time and energy that you spent thoughtfully considering the opportunities for the District to increase its public visibility and improve its public image. The District is always receptive and thankful when we receive thoughtful, solution-oriented ideas from members of the public. As always,you have raised a number of good ideas and thought provoking points in your letter. In fact, you have identified several subjects that are among the priorities that we will be looking at as we move forward with the development of our upcoming 2013-2014 Action Plan. Staff from both our Public Affairs and Natural Resources Departments have been forwarded your letter. The District welcomes suggestions and feedback from our constituents as this dialogue is an important source of new ideas and progressive change within the agency. I would also ask for your continued patience as the District continues to move towards a more prominent role in stewarding the open space lands of the San Francisco Peninsula. Thank you for your continued interest in the District. Warm regards, Curt Riffle, President Midpeninsula Regional Open Space District, Board of Directors cc: MROSD Board of Directors Steve Abbors, MROSD General Manager Ana Ruiz, MROSD Acting Assistant General Manager DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Kirk Lenington, MROSD Natural Resources Manager Michelle Radcliffe From: ianflint@yahoo-inc.com Sent: Tuesday, October 16, 2012 12:25 PM To: BOARD; Clerk; Vicky Gou; General Information Subject: 10/16/2012- ianflint@yahoo-inc.com -Contact Board First Name: Ian Last Name: Flint Phone Number: 408-893-9032 Email Address: ianflint .yahoo-inc.com Ward/Location: Cupertino Comments: I have two questions regarding access to RSA. First, my son commutes from Oak Valley to Monta Vista HS by bicycle. He could avoid Cristo Rey and Foothill Expressway traffic if the gate by the railroad crossing on Permanente road were open. What would it take to get that gate opened to the public? Second, would it be possible to open the single track trails in the eastern part of RSA (east of the traffic circle)to mountain bikers? That section of the park gets very little use, and would be a nice way to get from Oak Valley/Southern Los Altos out to Foothill. Thanks for considering this, Ian Flint 1 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Dear Mr. Flint, Thank-you for your email of October 16, 2012, regarding bicycle access at Rancho San Antonio County Park(County Park). For clarification, the Midpeninsula Regional Open Space District (District) manages the County Park for the Santa Clara County Parks and Recreation Department (SCCPRD). After looking into your request with the District's Operations Manager David Sanguinetti, I was advised that SCCPRD has not been able to establish a public access easement over the Union Pacific railroad crossing, which would allow for County Park access from Permanente Road. In the event such an easement were to be perfected by SCCPRD, an amendment would need to be made in the County Park Master Plan through the Santa Clara County Board of Supervisors (County Supervisors), allowing for public access into the park from Permanente Road. Regarding your second request, to allow bicycles on the easterly trails of the County Park, an amendment for a change in use would also be required to the County Park Master Plan by the County Supervisors. However, you are probably aware that there is currently a paved emergency access road from the end of Manzanita Court in the Oak Valley Community that connects to Cristo Rey Drive where bicycles are allowed that would provide some reduction in the amount of riding required by your son on Cristo Rey Drive going out to Foothill Expressway. Thank you for your interest in the District and the County Park. Sincerely, Curt Riffle, Board President Midpeninsula Regional Open Space District Michelle Radcliffe From: General Information Sent: Thursday, October 18, 2012 3:11 PM To: Michelle Radcliffe Subject: Fw: Comment on Board Discussion 10/17/12 Meeting Hello Michelle, Please see forwarded message below for the board of directors. Teresa Gibson Public Affairs Administrative Assistant Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200- F: (650) 691-0485 From: Dr.Mike Cook Sent: Thursday, October 18, 2012 2:41 PM To: Midpeninsula Open Space District Subject: Comment on Board Discussion 10/17/12 Meeting Dear MPOSD Board: I was unable to stay for the entire meeting and vote last night but was disturbed enough by the logic professed during the board discussion period,I was compelled to write. If being true and responsible to the taxpayers in your San Mateo County districts precludes your participation in maintenance and upkeep of properties outside San Mateo county,then you have no business owning properties outside San Mateo county. The obvious analogy is a landlord who owns property in another town. He must still abide by the rules of the town where the property is located. By owning land outside your tax paying constituent base, as a governmental agency you are obligated to see local citizens impacted by your property as constituents also. I applaud your first step in approving the interim option to save the tower.I hope that also means you are obligated to spend the $414,000 cost your people claimed it would cost for that option. I still think your best option,to stay closest to your"mission statement" would be to partner with the Santa Clara County Parks District by deeding them the summit for$1 per year and letting them coordinate the partnering efforts to develop the 24 Tower,Fallout shelter and 14 tower,the last surviving instance in America of the cold war radar site configuration. Sincerely, Dr Michael Cook Almaden AFS 1976-1979 dmxcoob@vahoo.co i DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION November 14, 2012 Dear Mr. Cook Thank you for your comments regarding the Board discussion at the October 17, 2012 meeting regarding the radar tower. You mentioned that you could not stay for the entire meeting, but were disturbed at some of the early discussion. In particular,one of your comments mentions that if Midpeninsula Regional Open Space District (District) cannot maintain buildings outside San Mateo County while staying true to the taxpayers within that county,then the District should not own buildings anywhere else. The Board must balance interests in three counties in which it has authority to purchase and manage land (San Mateo,Santa Clara, and a very small percentage in Santa Cruz County). In the case of the radar tower, if the former Almaden Air Force Station (AFS) were situated in San Mateo County,the Board would give careful and equal consideration to the desires of its constitutents in Santa Clara County prior to making a decision.The land occupied by the former Almaden AFS is entirely within the District's tax- paying constituent base. By contrast,the San Mateo County Coastside area, which was annexed by the District in 2004, is outside the District's taxpaying constituent base; nevertheless, its citizens are represented and their voices considered within the context of any relevant decision made by the Board. You suggest that the District partner with Santa Clara County Parks and Recreation to assume responsibility for the summit area and partnership opportunities. Preliminary conversations regarding this idea have been ongoing; however,to date the County has not indicated an interest in assuming these particular roles. Thank you for your continued interest in the District. Sincerely, Curt Riffle, President Midpeninsula Regional Open Space District Board of Directors County of Santa Clara Historical Heritage Commission County Government Center.East Wing 70 West Hedding St,7th Floor San Jose,California 95110-1.705 r (408)299-6714xa '- (408)288-9198(FAX) Or,� 10?O/V SPN GIONALOPM October 9, 2012 �OISM7Cr Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Subject: Preservation of the Mt. Umunhum Radar Tower Dear Board of Directors, The Santa Clara County Historic Heritage Commission (HHC) has received and reviewed requests from members of the public to consider the eligibility of Mt. Umunhum Radar Tower for historical landmark status and /or inclusion to Santa Clara County Heritage Resource Inventory: On August 16, 2012, the HHC received a presentation from Mr. Basim Jaber, regarding the eligibility of Mt. Umunhum Radar Tower as a potential historic resource. At the meeting, the HHC voted to consider the request for eligibility and to review the possible options to include the Radar Tower in the County's Heritage Resource Inventory. On September 24, 2012, the HHC received a presentation from the Midpeninsula Regional Open Space District (Director Pete Siemens, Planning Manager Ana Ruiz, Senior Planner Meredith Manning, and a consultant from Page and Turnbull), regarding the Mt. Umunhum Environmental Restoration and Public Access project. The Commission discussed the historic significance of the Radar Tower and County Ordinance provisions for possible inclusion to the Heritage Resource Inventory. The HHC voted unanimously to send a letter to the Board of Directors of the Midpeninsula Regional Open Space District, to preserve the Radar Tower on Mt. Umunhum and not to demolish, the Radar Tower, either in part or in whole. The County's Historical Heritage Commission has the responsibility "to protect, preserve and promote the historical and cultural heritage of this County so that future generations may know and appreciate the significant historical places, people and events that have been a part of this area of our state and nation." (Section A6.60- County Ordinance Code). The Commission believes that Mt. Umunhum Radar Tower, as part of the former Almaden Air Force Station, is one of the few remaining resources of the County's association with the Cold War era. The early warning radar base that operated from 1958 to 1980 has been a visual and symbolic landmark for the residents of Santa Clara County for many years. The HHC reviewed the Historic Resource Study of Former Almaden Air Force Station (dated July 6, 2010) and the Addendum(dated July 20, 2011) prepared by Page and Turnbull, which concluded that the Radar Tower is not eligible to the California Register based on its lack of integrity due to "the removal of the radar sail and the interior mechanics that associate it with its former defense function." The HHC discussed recommending to the Board of Supervisors that the County consider pursuing an independent Historic Resource Evaluation of the Radar Tower and other potential significant resources, prior to issuance of demolition permit for the Radar Tower, by the Department of Planning and Development. The Commission hopes that the Midpeninsula Regional Open Space District would consider the overwhelming support of the public to preserve the Radar Tower and would like to strongly encourage MROSD and its Board of Directors to not consider demolition either in whole or in part, the only remaining remnant of the Former Almaden Air Force Station that may be a potential historic resource in Unincorporated Santa Clara County. The Commission appreciates and commends MROSD for the public outreach efforts with regards to the design options for the Radar Tower and encourages you to preserve the Radar Tower. Very truly yours, nnifer T �, Chjairperson Historical Heritage Commission CC: Board of Directors, Midpeninsula Regional Open Space District Santa Clara County Board of Supervisors Lynn Regadanz, Interim Clerk of the Board Santa Clara County Historical Heritage Commission 2 Dear Chairperson Tate, Thank you for your recent correspondence on behalf of the Santa Clara County Historical Heritage Commission (Commission) advocating for preservation of the radar tower at Mount Umunhum. I assure you that every member of the Board appreciates the value of this structure to Santa Clara Valley residents, and its role in commemorating a period of history that is seldom celebrated. We are honored to have to opportunity to help recognize veterans of the Cold War, as well as educate visitors about the full breadth of the mountaintop's natural and cultural history, at Mount Umunhum in the future. It is the District's mission"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." The disposition of structures associated with open space land is not directly within the District's mission; it is however governed by several adopted policies. Although not deemed eligible for listing on the National or California Historic Register, the Radar Tower could be considered a "structure of unique historical merit" and/or an "improvement which contributes to the character of the site."` For such structures, District policies indicate that the District should consider seeking partnerships to fund retention or rehabilitation". These policies are reflected in the Board's decision on October 17 to invest sufficient (and considerable) funds in the Radar Tower to ensure its structural stability in the short term. This interim action provides time for proponents of the tower to seek partnerships, outside funding, and other additional resources to allow for implementation of the long-term option to retain and seal the structure on a more permanent basis. This action also included a Board commitment to use District funds to implement immediate "Life Safety" repairs in the amount of$414,855. These near-term repairs, which were previously discussed with County of Santa Clara's Building Inspection Office, would allow the public to access the exterior base of the structure during the five-year time period established by the Board as the sunset date for partnership development. The Board thanks the Commission for its acknowledgement of the extensive public outreach efforts for this project. I look forward with great interest to discussing possible alternatives and ideas that come forth from potential partners who support retaining the radar tower for the long-term. Sincerely, Curt Riffle, President Midpeninsula Regional Open Space District Board of Directors k Policies Regarding Improvements on District Lands,Section C, Discussion. Basic Policies,Cultural Resources,Section E. � DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Dear Chairperson Tate, Thank you for your recent correspondence on behalf ofthe Santa Clara County Historical Heritage Commission (Commission) advocating for preservation of the radar tower at Mount Unnunhurn. I assure you that every member ofthe Board appreciates the value ofthis structure to � Santa Clara Valley residents, and its role in commemorating aperiod wf history that in seldom � celebrated. We are honored to have to opportunity tohelp recognize veterans nf the Cold War, � as well as educate visitors about the full breadth of the ououotuiotop`n natural and cultural � history, ut Mount Dmouohuooio the future. � 0im the District's mission"To acquire and preserve uregional greenbeltof open space land in perpetuity; protect and restore the natural environment; and�rovideo��odunitiem for � � . � � ��lo�callyannsitive public enjoyment andoducation." � The disposition ofstructures with open space land imnot directly within the District's � mission; itimhowever governed by several adopted policies. Although not deemed eligible for listing oo the National or California Historic Register, the Radar Tower could ho considered a structure of unique historical merit" and/or an"improvement which contributes to the character of the site."' For such structures, District policies indicate that the District should consider �i seeking partnerships to fund retention or rehabilitation . These policies are reflected buthe Bwund,m decision ooOctober 17 to invest sufficient (and considerable) funds io the Radar Tower � to ensure its structural stability in the short temn. This interim action provides time for proponents of the tower to seek partnerships, outside � funding, and other additional resources to allow for implementation of the long-term option to retain and seal the structure on a more permanent basis. This action also included a Board � commitment to use District funds to implement immediate "Life Safety" repairs in the amount � of$414,855. These near-term repairs, which were previously discussed with County of Santa � Clara's Building Inspection Office, would allow the public to access the exterior base of the � structure during the five-year time period established by the Board as the sunset date for partnership development. The Board thanks the Commission for its acknowledgement ofthe extensive public outreach � efforts for this project. | look forward with great interest to discussing possible alternatives and ideas that come forth from potential partners who support retaining the radar tower for the long-term. � Sincerely, � Curt Riffle, President K8idpeninsu|a Regional Open Space District Board of Directors � . Policies Regarding Improvements on District Lands,Section[ Discussion. '' Basic Policies,Cultural Resources,SectionE Trustee Jed Cyr October 14,2012 Midpeninsula Open Space District 330 Distel Circle Los Altos,California 94022-1404 Dear Trustee Cyr, The issue regarding the fate of remnant building materials left by the de-activation of an US Air Force radar station on District land has sadly become a political football.Thanks to the Mercury News,the hue and cry to save these materials for a memorial to the "Cold War" has made the Trustees decision on this matter the Cold War's first and only prisoner. Over the years, bills have been introduced in five separate Congresses for the authorization of a Cold War Victory Medal or Cold War Service Medal.To date bills have successfully passed both houses but get stripped out in committee.Why?All such medal bills have been vehemently opposed by the U.S. Department of Defense. And while there have been one or two privately established"military"memorials(all in the Southeast)that include "Cold War" service personnel among a broad category of honorees,there has never been any meaningful national public interest to promote a"Cold"memorial. So why would the Defense Department oppose even a simple medal? There are a number of reasons,one being the indeterminate length of this"War" (at least forty years). But the main reason,the one that really raises the ire for most military folk,is this:To even hint—by way of a public memorial—that this political war between the U.S.and the Soviet Union put our military personnel in harm's way as did ALL of our numerous"hot"wars,most especially the Iraq and Afghanistan wars, is the definition of insanity. With all due respect,this is a classic case of the old fable, "the emperor has no clothes." By way of introduction, I am one of four sons of an U.S.Army veteran who retired as a full colonel, Infantry,after thirty years of military service.All of his sons were ROTC Combat Arms Army commissioned college graduates who served during the fifties and sixties. i Our father earned numerous awards and medals during his very active life,including a bronze star for bravery on Okinawa,and two Olympic gold medals. But of all his many accolades,the one he treasured the most,was the Combat Infantry Badge.Although he passed away a number of years ago, I—and you—can well imagine what his "vote"would be regarding the decision facing you. This might be instructive: Suppose the District lands had no ex-military facility and someone approached the District with a proposal to fund a Cold War memorial on one of District's holdings.What would your vote be then? I have been jogging(more recently walking)the trails of the San Antonio Open Space Reserve on an average of three days a week ever since it was opened to the public back in the early seventies.What a treasure!As a long time Sunnyvale resident, my vote to be taxed to support the Mid-Pen's efforts to preserve our area's precious natural open spaces counts as my best-ever investment. Thank you so much for giving your time and guidance to such a worthy cause. ce ely, David Scholz DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Dear Mr. Scholtz, Thank you for taking the time to reflect on the former Almaden Air Force Station (AFS) and the Board of Directors'decision regarding the disposition of the radar tower. Your unique insights, borne of experience from growing up as the son of a highly decorated US Army veteran, and a veteran yourself, are illuminating.This project has brought forth many individual and collective stories and memories that I hope can be eventually woven into a robust interpretive program for public enjoyment and education. Your thoughts on why there is not a national public interest to promote a Cold War memorial are enlightening, from the perspective of those who were directly placed in harm's way during active warfare with other countries. It is also very educational to learn that the Department of Defense has repeatedly opposed such a memorial. Throughout the planning process for this project,the Board has also heard from many others who served in the Cold War, and especially at the former Almaden AFS, who promote the concept that the "cold" war did not turn "hot" as a result of their service.To them,this counts as a victory. understand your position and am grateful for your communication.Whatever the ultimate fate of the radar tower,there will be a robust interpretive program at the site that will balance all perspectives with reverence for all the combined efforts that created history. Also, we will seek consultation from the Department of Defense and others to ensure that the interpretive program is designed appropriately to recognize the status of the Cold War. Thank you for your continued interest in the District. Warm regards, ,I i I Jed Cyr,Ward 3 Director Midpeninsula Regional Open Space District, Board of Directors J()ell Se 0- ILA Air pollutants are emitted by Lehigh. A large number of visitors to Rancho San Antonio Park are breath the pollution. This includes many people especially susceptible to respiratory problems.- Senior citizens, children, and people who run or otherwise exercise in the park. Staff members who work at the park are exposed to Lehigh's pollution for long periods of time. The large population living near the plant is exposed to air pollution which varies depending on which way the wind is blowing. This air pollution results in millions of dollars of health costs that are borne by the residents of Santa Clara County and the Greater Bay Area. Discharges by Lehigh of polluted water into Permanente Creek has pretty much killed off the animal life that formerly inhabited the creek. Visual impacts from Lehigh's quarry, waste piles, and cement plant degrade recreation and the general quality of life in Santa Clara Valley. I supported the district's appeal of Lehigh's Amended Reclamation Plan. I applaud your efforts to find remedies to your objections. Santa Clara County has acted with bias in approving permits and granting vested rights. Because of the laxity of regulation by the county, it falls to other governmental agencies and the citizens themselves to ensure that applicable federal and state environmental laws are enforced. So I urge the Midpeninsula Regional Open Space District to continue to pursue remediation and use all available legal means to uphold the law and carry out its mission. GENERAL MANAGER Stephen x»,*" x°:."""/ O0eOSOace midpcninsu|a Regional Open Space District BOARD mrDIRECTORS ams.umeos vonkom,mmow Jed Cyr Curt Riffle w"omexankn Larry Hassell Dear Mr. Scho|tz, cec//vnw/s Thank you for taking the time to reflect on the former Almaden Air Force Station (AFS)and the Board of Directors'decision regarding the disposition of the radar tower. | Your unique insights, borne of experience from growing up as the son of a highly decorated US Army veteran, and a veteran yourself, are illuminating.This project has brought forth many individual and collective stories and memories that | hope can be eventually woven into robust interpretive program for public enjoyment and education. Your thoughts on why there is not a national public interest to promote a Cold War memorial are � enlightening, from the perspective of those who were directly placed in harm'svxay during active � warfare with other countries. It is also very educational to learn that the Department ofDefense has � repeatedly opposed such amemorial. Throughout the planning process for this project,the Board has also heard from many others who servedinthe[V|dVVar, andespecia|k/at the former Almaden AFS, who promote the concept that the "co|d" war did not turn "hot" as a result oftheir service.To them,this counts as a victory. I understand your position and am grateful for your communication.Whatever the ultimate fate of the radar tower,there will be a robust interpretive program at the site that will balance all perspectives with � � reverence for all the combined efforts that created history. Also, vve will seek consultation from the � Department of Defense and others to ensure that the interpretive program is designed appropriately to � � recognize the status of the Cold War. � � Thank you for your continued interest in the District. � Warm regards, ( Jed ^ nd ] Director Midpeninsu|a Regional Open Space District, Board of Directors � ssno|stc|Circle Los Altos,cxy*ou '6m6e11200 '6w6910485 wwwopempaeo/C Trustee Curt Riffle October 14, 3O1Z K8idpeninsu|a Open Space District 330Diste|Circle Los Altos, California 94O22-14O4 Dear Trustee Riffle, The issue regarding the fate of remnant building materials left by the de-activation of an US Air Force radar station nn District land has sadly become a political football.Thanks to the Mercury News,the hue and cry to save these materials for a memorial to the "Cold War" has made the Trustees decision on this matter the Cold VVar's first and only prisoner. Over the years, bills have been introduced in five separate Congresses for the authorization of a Cold War Victory � Medal or Cold War Service Medal.To date bills have successfully passed both houses but get stripped out in committee.Why?All such medal bills have been vehemently opposed by the&[8LDepartment of And while there have been one or two privately established "military" memorials(all in the Southeast)that � include "Cold War" service personnel among a broad category of honorees,there has never been any meaningful national public interest to promote a "Cold" memorial. � 5o why would the Defense Department oppose even a simple medal? � There are a number of reasons,one being the indeterminate length of this"War" (at least forty years). But the main reason,the one that really raises the ire for most military folk, is this:To even hint—by way of a public | memorial—that this politicol war between the U.S. and the Soviet Union put our military personnel in harm's way as did ALL of our numerous"hot"wars, most especially the Iraq and Afghanistan wars, is the definition of insanity. With all due respect, this is a classic case of the old fable, "the emperor has no clothes." By way of introduction, I am one of four sons of an U.S.Army veteran who retired as a full colonel, infantry,after . thirty years of military service.All of his sons were ROTC Combat Arms Army commissioned college graduates who � served during the fifties and sixties. ' Our father earned numerous awards and medals during his very active life, including a bronze star for bravery on Okinawa,and two Olympic gold medals. But of all his many accolades,the one he treasured the most,was the Combat Infantry Badge.Although he passed away a number of years ago, I—and you—can well imagine what his ^vote^would be regarding the decision facing you. This might beinstructive: Suppose the District lands had no ex-military facility and someone approached the � District with a proposal to fund a Cold War memorial on one of District's holdings. What would your vote be then? - I have been jogging(more recently walking)the trails of the San Antonio Open Space Reserve on an average of three days a week ever since it was opened to the public back in the early seventies.What a treasure! As a long time Sunnyvale resident, my vote to be taxed to support the Mid-Pen's efforts to preserve our area's precious natural open spaces counts asnny best-ever investment. � Thank you so much for giving your time and guidance to such a worthy cause. David Scholz � � i � GENERAL MANAGER � Stephen *wou n°;/°=^ [)D2OSOa[2 midpeninsu|a Regional Open Space District BOARD mrDIRECTORS Pete Siemens vo'm^msmmum Jed Cyr � Curt Riffle � wooutexanm, Chairperson Jennifer Tate mnvxasm' County of Santa Clara cecnvHarris Historical Heritage Commission | County Government Center, East Wing � 70VVeat HeddingStneet, 7tx Floor San Jose, CA 95110-1705 | November 14, 2O12 Dear Chairperson Tate, � � � Thank you for your recent correspondence on behalf of the Santa Clara County Historical � � Heritage Commission (Commission) advocating for preservation of the radar tower at Mount � Unnunhurn. l emourc you that every member of the Board appreciates the value ofthis structure to � Santa Clara Valley residents, and its role in commemorating mperiod of history that in ae}dnco celebrated. nVe are honored iohave to opportunity to help recognize veterans of the Cold War, � as well am educate visitors about the full breadth of the cnouutaiutop^o ouboa} and cultural � history, o1 Mount Dmoobnm, in the future. ltim the District's mission "To acquire and preserve a regional greeoboltofopconpacclaodiu perpetuity; protect and restore the natural environment; and provide opportunities for � � ecologically sensitive public e joymeotuud education." � The disposition of structures associated with open space land ia not directly within the District's mission; it is however governed by several adopted policies. Although not deemed eligible for | listing on the National or California Historic Register, the Radar Tower could be considered a � ^'aiructuzonfunique historical merit" and/or 8u "improvement which contributes tothe character i � of the aite." For such structures, District policies indicate that the District should consider | / seeking partnerships to fund retention orccbabilitcdionx. These policies are reflected in the � Board's decision ouOctober l7to invest sufficient (and considerable) funds in the Radar Tower | to ensure its structural stability in the short term. � � � This interim action provides time for proponents of the tower to seek partnerships, outside � � funding, and other additional resources to allow for implementation of the long-term option to � retain and seal the structure on a more permanent basis. This action also included e Board � commitment to use District funds to implement immediate "U62 Safety" repairs in the amount s3no|s,e|Circle Los Altos,cAy4ozz ^osnsoazznn '6sn6*1048s wwvvnpen`paceo'n �� of$414,855. These near-term repairs, which were previously discussed with County of Santa Clara's Building Inspection Office, would allow the public to access the exterior base of the structure during the five-year time period established by the Board as the sunset date for partnership development. The Board thanks the Commission for its acknowledgement of the extensive public outreach efforts for this project. I look forward with great interest to discussing possible alternatives and ideas that come forth from potential partners who support retaining the radar tower for the long-term. Sincerely, J Curt Riffle, President Midpeninsula Regional Open Space District Board of Directors Policies Regarding Improvements on District Lands,Section C, Discussion. Basic Policies,Cultural Resources, Section E. GENERAL MANAGER Stephen E Abbors Regional 0penSpdce Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Robert Zatkln Yoriko Kishlmoto Jed Cyr P.O. Box 139 Curt Riffle San Carlos, CA 94070 Nonette Hanko Larry Hassett Cechy Harris November 14, 2012 RE: Correspondence dated October 9, 2012 Dear Robert, Thank you for your letter. We appreciate the time and energy that you spent thoughtfully considering the opportunities for the District to increase its public visibility and improve its public image. The District is always receptive and thankful when we receive thoughtful, solution-oriented ideas from members of the public. As always,you have raised a number of good ideas and thought provoking points in your letter. In fact, you have identified several subjects that are among the priorities that we will be looking at as we move forward with the development of our upcoming 2013-2014 Action Plan. Staff from both our Public Affairs and Natural Resources Departments have been forwarded your letter. The District welcomes suggestions and feedback from our constituents as this dialogue is an important source of new ideas and progressive change within the agency. I would also ask for your continued patience as the District continues to move towards a more prominent role in stewarding the open space lands of the San Francisco Peninsula. Thank you for your continued interest in the District. Warm regards, �k Curt Riffle, President Midpeninsula Regional Open Space District, Board of Directors cc: MROSD Board of Directors Steve Abbors, MROSD General Manager Ana Ruiz, MROSD Acting Assistant General Manager Kirk Lenington, MROSD Natural Resources Manager s 3 33o Distel Circle Los Altos,CA 94022 r 6So 6911200 65o 691 0485 www cpenspace org Midpeninsula Regional Open Space District � A R-12-114 Meeting 12-36 November 14, 2012 AGENDA ITEM 4 AGENDA ITEM Authorization to Award Contract to Geoinsite, Inc., for Geologic Engineering Consulting and Construction Support Services for the Mount Umunhum Demolition Project at Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a contract with Geoinsite, Inc., of Los Gatos, CA, in the amount of$40,000 to provide professional geologic engineering consulting services needed to support and oversee the work of the demolition contractor in execution of the Mount Umunhum Demolition Project. SUMMARY Geologic engineering services are needed for the Mount Umunhum Demolition Project to review the demolition contractor's Storm Water Pollution Prevention Plan (SWPPP), review and provide input on the contractor's final grading and erosion control plans, and develop supplemental site stabilization recommendations that will facilitate the District's long term objective of public access at the summit. A Request for Qualifications and Proposals was issued to three selected geologic and geotechnical firms; two proposals were received. After thorough review of the proposals, staff recommends awarding the contract to Geoinsite, Inc, (Geoinsite) of Los Gatos, California. Geoinsite brings a depth of understanding of the local geology, along with a team well qualified in the assessment of SWPPP measures and expertise in grading, drainage, and design requirements for open space environments. DISCUSSION Background In 1986, the Midpeninsula Regional Open Space District (District) acquired the former Almaden Air Force Station (Almaden AFS) and all of its remaining facilities on Mount Umunhum and Mount Thayer (refer to Report R-86-20) with the intent to restore the area to its natural condition and provide for public access. In December 2009, the United States Congress appropriated $3.2 million for cleanup of Mount Umunhum. Due to a favorable bidding environment in Fiscal Year (FY)2009-10, the initial hazardous materials cleanup work completed by the United States Army Corps of Engineers resulted in the less-than-expected expenditure of$1,895,229 of the allocated federal appropriation. The remaining federal appropriation, $1,304,771, was transferred to the _II R-12-114 Page 2 District for demolition of structures on site. On September 12, 2012, the Board approved an award of contract to American Wrecking Inc., for the demolition of structures at Mount Umunhum (with the exception of the radar tower) (refer to Report R-12-90). A separate, District-funded project, the Mount Umunhum Environmental Restoration and Public Access Project(Restoration Project), conducted the public planning and California Environmental Quality Act and National Environmental Policy Act(CEQA/NEPA) review processes, to develop the final Mount Umunhum site plan and project description, which includes the demolition of structures. On June 12, 2012, the Board approved the adoption of a Final Environmental Impact Report for the Mount Umunhum Environmental Restoration and Public Access Project, approved the Phase I Demolition (not including the radar tower) (refer to Report R-12-59), and approved the Mitigation Monitoring Response Plan for the Phase I Demolition. Geologic engineering consulting services are required to ensure that the demolition work complies with the mitigation measures, including: — Reviewing of the contractor's S WPPP — Monitoring grading activities (specifically, where they may occur in areas of rock or soil containing naturally occurring asbestos) — Performing compaction testing where required Consultant Selection A Request for Qualifications and Proposals was issued on September 19, 2012. Due to the type of consulting work required, staff selected three geologic engineering consultants who had already completed work on the site and had a depth of knowledge regarding the geologic conditions on the site. A mandatory pre-proposal teleconference was held on October 1, 2012. Proposals were due on October 5, 2012. The proposals included a Qualifications Proposal and a separate Fee Schedule. The results are as follows: Bidder Location Anticipated T&M Fee 1. Butano Geotechnical Freedom, CA Fee Schedule Submitted Engineering 2. Geoinsite, Inc. Los Gatos, CA Fee Schedule Submitted FISCAL IMPACT The District's FY2012-13 Action Plan and Budget for the Mount Umunhum Remediation Project is $1,608,380 and the projected FY2013-14 Action Plan and Budget for the project is $309,172, for a total 2-year Budget of$1,917,552. In 2009, the District received a federal appropriation of $3,200,000 for the clean-up work at the former Almaden Air Force Station. In FY2010-11 $1,958,803 of the appropriation was expended by the United States Army Corps of Engineers to complete the hazardous materials remediation at the site. The remaining $1,241,197 of the appropriation will fund the demolition of structures on site. The District will fund the remaining $676,355 of the 2-year budget: approximately $500,000 in FY2012-13 and $176,355 in FY2013- 14. District funds cover supplemental funding for the demolition of structures, allowances for R-12-114 Page 3 unforeseen conditions, and consultant fees, including the proposed contract for consulting geologic engineering services. 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. CEQA COMPLIANCE On June 12, 2012 (refer to Report R-12-59), the Board approved the adoption of a Final Environmental Impact Report for the Mount Umunhum Environmental Restoration and Public Access Project, approved the Phase I Demolition (not including the radar tower), and approved the Mitigation Monitoring Response Plan for the Phase I Demolition. NEXT STEPS Upon approval by the Board of Directors, the General Manager will be authorized to enter into a contract with Geoinsite, Inc., to perform professional geologic engineering consulting services in support of the Mount Umunhum Demolition Project. Responsible Department bead: Meredith Manning, Acting Planning Manager Prepared by: Gina Coony, Open Space Planner III Contact person: Same Midpeninsula Regional • ' Open Space District R-12-113 Meeting 12-36 November 14, 2012 AGENDA ITEM 5 AGENDAITEM Authorization to Award a Contract to Northgate Environmental Management Inc., for Environmental Consulting and Construction Support Services for the Mount Umunhum Demolition Project at Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into contract with Northgate Environmental Management Inc., of Oakland, CA, in the amount of$30,000, which includes an anticipated fee of$25,718 plus a contingency amount of$4,282, to provide environmental consulting and construction support services for the Mount Umunhum Demolition Project. SUMMARY Environmental consulting and construction support services are needed to complete the demolition work at Mount Umunhum. This work includes: preparation of a soil sampling plan, sampling during demolition, development of remediation plans to address any remaining and uncovered contamination, and monitoring of remediation measures to ensure proper execution by the demolition contractor. As such, a Request for Qualifications and Proposals for environmental support services was issued to three selected environmental firms, two Proposals were received. One proposal from Hazard Management Services, Inc., (HMS) was deemed non-responsive. The second proposal from Northgate Environmental Inc., was complete and fully responsive. Staff recommends awarding the contract for environmental consultant services in support of the Mount Umunhum Demolition Project to Northgate Environmental, Inc., including a contingency to address any unforeseen conditions encountered during demolition. DISCUSSION Background In 1986, the Midpeninsula Regional Open Space District (District) acquired the former Almaden Air Force Station (Almaden AFS) and all of its remaining facilities on Mount Umunhum and Mount Thayer(refer to Report R-86-20) with the intent to restore the area to a natural condition and provide public access. In December 2009. the United States Congress appropriated $3.2 million fr)r cleanup of Mount Umunhum. Due to a favorable bidding environment in FY 2009- 10, the initial hazardous materials cleanup work completed by the United States Army Corps of Engineers resulted in the less-than-anticipated expenditure of$1,895,229 of the allocated federal R-12-113 Page 2 appropriation. The remaining federal appropriation, $1,304,771, was transferred to the District for demolition of structures on site. On September 12, 2012, the Board approved an award of contract to American Wrecking Inc., for the demolition of structures at Mount Umunhum (with the exception of the radar tower) (refer to Report R-12-90). A separate, District-funded project, the Mount Umunhum Environmental Restoration and Public Access Project (Restoration Project), conducted the public planning and California Environmental Quality Act and National Environmental Policy Act (CEQA/NEPA) review processes, to develop the final Mount Umunhum site plan and project description, which includes the demolition of structures. On June 12, 2012, the Board approved the adoption of a Final Environmental Impact Report for the Mount Umunhum Environmental Restoration and Public Access Project, approved the Phase I Demolition (not including the radar tower) (refer to Report R-12-59), and approved the Mitigation Monitoring Response Plan for the Phase I Demolition. Environmental consulting services in support of the demolition work are required to ensure compliance with mitigation measures, including: — Preparation of a soil sampling plan — Conducting sampling during demolition — Developing remediation plans to address any contamination — Ensuring that the implementation of remediation measures are coordinated with the contractor and executed appropriately Nortligate will also conduct limited third party monitoring for abatement activities required for any remaining hazardous materials that could potentially be uncovered during the removal of structures. Consultant Selection A Request for Qualifications and Proposal was issued on September 19, 2012. Due to the type of consulting work required, staff sent the request to three environmental consultants who had already completed work on the site and had a depth of knowledge regarding the existing environmental conditions. A mandatory pre-proposal teleconference was held on September 28, 2012. Proposals were due on October 5, 2012. The proposals included a Qualifications Proposal and a separate Fee Proposal. The results are as follows: Bidder Location Anticipated T&M Fee 1. Northgate Environmental Inc. Oakland, CA $25,718 2. ERM Environmental, Inc. Sacramento, CA Did not Propose 3. Hazard Management Services, Inc. Modesto, CA Non-Responsive Proposal FISCAL IMPACT The District's FY2012-13 Action Plan and Budget for the Mount Umunhum Remediation Project is $1,608,380 and the projected FY201 3-14 Action Plan and Budget for the project is $309,172, for a total 2-year Budget of$1,917,552. In 2009 the District received a federal appropriation of $3,200,000 for the clean-up work at the former Almaden Air Force Station. In FY201 0-11 $1,958,803 of the appropriation was expended by the United States Army Corps of Engineers to R-12-113 Page 3 complete the hazardous materials remediation at the site. The remaining $1,241,197 of the appropriation will fund the demolition of structures on site. The District will fund the remaining $676,355 of the 2-year budget: approximately $500,000 in FY2012-13 and approximately $176,355 in FY 13-14. District funds cover supplemental funding for the demolition of structures, allowances for unforeseen conditions, and consultant fees, including the environmental consulting services proposed to complete sampling, analysis, remediation plans, third party monitoring, and site observation. 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. CEQA COMPLIANCE On June 12, 2012 (refer to Report R-12-59), the Board approved the adoption of a Final Environmental Impact Report for the Mount Umunhurn Environmental Restoration and Public Access Project, approved the Phase I Demolition (not including the Radar Tower), and approved the Mitigation Monitoring Response Plan for the Phase I Demolition. NEXT STEPS Upon approval by the Board of Directors, the General Manager will be authorized to enter into a contract with Northgate Environmental Management, Inc., to perform professional environmental services for the Phase I Demolition at Mount Umunhum. Responsible Department Head: Meredith Manning, Acting Planning Manager Prepared by: Gina Coony, Open Space Planner III Contact person: Same ' Midpeninsula Regional M ' Open Space District r � R-12-86 Meeting 12-29 November 14, 2012 AGENDA ITEM 6 AGENDA ITEM Informational Presentation from Paul Ringgold on the Peninsula Open Space Trust(POST) Farmland Protection Program GENERAL MANAGER'S RECOMMENDATION Z!�W Receive this informational report on the POST Farmland Protection Program SUMMARY Preserving agricultural land and maintaining agricultural uses of working lands is an essential component of open space conservation. Since 1984, more than 200,000 acres of farmland has been lost to urbanization in the nine-county Bay Area. The story in San Mateo and Santa Clara counties is dramatic. Between 1990 and 2008, cropland shrank by 40 percent in San Mateo County. In Santa Clara County it shrank by 39 percent- a loss of more than 20,000 acres. Recognizing the need to ensure that agriculture is sustainable and financially viable; POST has recently announced a new program focused on preserving agricultural land and agricultural operators. Called the Farmland Protection Program, POST is adopting a new approach to ensure that protected farmland remains available for agriculture and that farmers are able to build equity in the lands on which they operate. The expanded protection of farmland introduces new tools to use whether POST is selling farmland already owned, renewing leases already held, or entering into new leases. In all cases, POST will also encourage organic farming on these lands. POST is proactively addressing the challenges facing today's farmers through the following mechanisms: 1. Affirmative Agricultural Easements - Traditional conservation easements focus on limiting development and protecting a property's natural features. Affirmative agricultural easements, however, also require that the protected land be kept in agriculture. 2. Options to Purchase at Agricultural Value (OPAV) - If the owner of a property covered by an affirmative agricultural easement can no longer farm or is unable to find an approved agricultural buyer, the OPAV gives POST the opportunity to buy the land back from the farmer at an agreed upon price. 3. Ground Leases - Unlike a traditional lease, a ground lease allows the tenant to own and build equity in improvements on the land (infrastructure, buildings, etc.) as an investment in his or R-12-86 Page 2 her own future. When the lease ends, the tenant is able to sell the improvements to a new tenant, who leases the land from POST. 4. Land Improvement Loans - Finding sufficient funding for necessary improvements is a challenge for farmers. POST will provide loans to help tenants or property owners with affirmative agricultural easements make improvements that might otherwise be a challenge to fund. Paul Ringgold, POST's Vice President for Land Stewardship, will provide a presentation on these key features of the Farmland Protection Program. BOARD COMMITTEE REVIEW Committee review is not required for this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This is not a project under the California Environmental Quality Act (CEQA). Responsible Department Manager: Kirk Lenington, Natural Resources Manager Prepared by: Kirk Lenington, Natural Resources Manager Contact person: Same as above Midpeninsula Regional ` Open Space District r i R-12-109 Meeting 12-36 November 14, 2012 AGENDA ITEM 7 AGENDA ITEM Approval of the Proposed Purchase of the Peninsula Open Space Trust (Toto Ranch) Property located at 20800 Cabrillo Highway State Highway 1 in unincorporated San Mateo Count � Y( � Y ) iP Y (Assessor's Parcel Numbers 081-060-010, 081-060-100, 081-060-110 and 081-060-120) as an addition to Tunitas Creek Open Space Preserve; Adoption of the Preliminary Use and Management Plan; and Approval of a Categorical Exemption in Accordance with the California Environmental Quality Act GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing the purchase of the Peninsula Open Space Trust (Toto Ranch) Property and approving g the related Assignment of Grazing 3. Adopt the Preliminary Use and Management Plan contained in this report. 4. Temporarily designate the Property as the Gordon Ridge Area of Tunitas Creek Open Space Preserve. 5. Withhold dedication of the Property as public open space at this time. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to purchase the 952.49- acre Peninsula Open Space Trust (POST) (Toto Ranch) property, at a price of$3,500,000 and reimburse POST for recent structure and infrastructure repairs and improvements on the property not to exceed $275,000 for a total purchase and reimbursement cost not to exceed $3,775,000. As part of this transaction, the District is also proposing to continue leasing the residential and rangeland portions of the property to the existing tenant under an assigned grazing lease and a District residential rental agreement. The following report presents a description lof the POST (Toto Ranch)property, the Coastside Protection Plan process, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions, and financial considerations. R-12-109 Page 2 DISCUSSION The 952.49-acre POST property being considered for purchase by the District is located approximately one mile southwest of the Tunitas Creek Open Space Preserve (Preserve) along the east side of the Cabrillo Highway(State Highway 1), approximately 1`/z miles north of the community of San Gregorio and approximately nine miles south of the city of Half Moon Bay. POST purchased the property from the Scutchfield family in 2008. The property is within the Coastside Protection Area, an area that was annexed into the District boundaries in 2004. Property Description (see attached map) The POST (Toto Ranch) property is located along the east side of Highway 1 with over one mile of scenic frontage along the highway. The community of San Gregorio and State Highway 84 are located approximately 1.5 miles to the south. Tunitas Creek Road is located just north of the northwest corner of the property. The District's 708-acre Tunitas Creek Open Space Preserve is located roughly one mile to the north east and the Driscoll Ranch area of the La Honda Creek Open Space Preserve is located approximately 2.5 miles to the east. The property is surrounded by private properties with several large acre ranches located to the south and east. The coastal landscape of the Toto Ranch property consists of grazed rolling grasslands and coastal scrub, steep brushy riparian canyons, and lush creek corridors that represent the great diversity of the coastal San Mateo County. Gordon Ridge rises to a height of just over 880 feet along the southerly boundary. From the ridgelines, the property possesses panoramic views of the San Mateo coastline, the surrounding Tunitas and San Gregorio watershed lands, and the western Santa Cruz Mountains. The property is bounded by Tunitas Creek and Dry Creek, a tributary of Tunitas Creek, along its northerly boundary. In addition, the upper headwaters of a tributary which flows into the San Gregorio watershed is located in the south east corner of the property. The property is central to the open, rural landscape of the region, whether seen from the two nearby Preserves, or Highway 1 and the coastal lowlands to the west. Resource inventories performed by POST and District staff have revealed a wide variety of plant and animal habitats. The property is dominated by open grasslands with native perennial grasses and coastal scrub, with riparian woodlands shading the creeks. With close to 9,000 feet of perennial stream frontage, stock ponds, and numerous springs and seeps, the property possesses significant watershed and riparian values. There are four year- round ponds and at least four smaller seasonal ponds located on the property, with the two largest ponds situated in the southeastern and northwestern quadrants. The ponds, springs and seeps provide potential breeding habitat for the rare and federally-listed as threatened California red-legged frog. The lower watershed of Tunitas Creek, including Dry Creek, forms the northern boundary of the property. Tunitas Creek provides spawning and rearing habitat for steelhead trout and coho salmon, which are state- and federally-listed species. The property provides a rich resource for many wild animals, including mammals such as mountain lions, coyotes, and bobcats. A wide variety of birds frequent this landscape, from raptors such as red-tailed hawks, Golden Eagles, Cooper's hawks, white tailed kite, peregrine falcon, and sharp-shinned hawks, to insect-eating species such as the yellow warbler. Annual and native perennial grasslands and coastal scrub habitat includes coastal oatgrass, coffeeberry, coyote brush, sticky monkey flower, sage, lupine, and poison oak. The property's creeks support dense riparian habitat, including R-12-109 Page 3 alders and willows. Several eucalyptus groves are also present, which appear to host nesting raptors. Use and Development Vehicular access to the property is from a paved access road from Highway 1, which becomes gravel-surfaced after the first quarter of a mile leading to the residential and ranch area located just over 3/4 of a mile east of Highway 1. This road is on the approximate alignment of the historic Star Hill Road, which traverses from the ranch area along Gordon Ridge to the easterly boundary of the property. In general, the existing seasonal ranch roads accessing the property are in fair to good condition. The ponds on the property provide water for the cattle and other livestock. Prior to POST's 2008 purchase, the property was owned by the Scutchfield family who owned the property since the late 1970s as a family retreat and for cattle grazing. Eric Markegard, the tenant, has lived on the property for twenty-five years and is a sixth generation rancher. The property has been in continuous use as a farm for almost 120 years. The property was originally owned by Alexander Gordon, a State assemblyman, who in 1872 built Gordon's Chute near the mouth of Tunitas Creek, an ill-fated ramp for sliding farm goods from the top of the cliffs to ships anchored in the rolling surf. Gordon's Chute was blown away in a heavy storm in 1885. The Machado family, originally from Portugal, settled the property in the late 1800s, and ranched on the property for close to 100 years. The property was historically grazed with 60 to 70 head of Holstein Dairy cows and some of the hillsides were dry fanned with hay and oats. The original house built on the property burned down in 1933 and the current two-story, 2,620 square foot ranch house was built later that year. The Markegard family leases the property and resides in the ranch house (the ranch house rental terms are discussed in the Terms and Conditions section of this report). Other buildings include a modem 4,390 square foot metal-sided barn, a wooden barn, and several small outbuildings and sheds. All buildings are located in a nine-acre building envelope area identified within a Conservation Easement currently held by the Coastside Land Trust, discussed further below. The ranch is currently used primarily to produce grass-fed beef cattle, and for residential purposes. Other grazing uses on the property include a small number of dairy cows, grass-fed sheep, goats, and pastured pigs. The Markegards sell beef, pork and lamb through a Community Supported Agriculture(CSA) purchasing program. A small number of dairy cows produce milk as part of a cooperative Herd Share arrangement. The Markegards hold Ranch Day events and workshops on the property during the year. The workshops include topics such as grass fed and free range grazing techniques, watershed restoration, pennaculture education, and cheese making and milk production methods. POST is currently in the process of addressing the property's most pressing maintenance needs, in coordination with the District's Real Property, Operations and Natural Resource Department staff as well as the tenants. As discussed in the Terms and Conditions section of this report, a condition of the proposed purchase is POST's satisfactory completion of this in-progress maintenance work. Maintenance to the ranch house included deck replacement, interior and exterior lead treatment and painting, repair and upgrade of the residential water system and septic systems, and upgrade of two existing agricultural wells, including the installation of a R-12-109 Page 4 windmill to improve stock watering and ranch infrastructure, and reduce electricity costs. Ranch roads were maintained, and the paved section of the access driveway is slated to be patched and resurfaced after hauling is complete. Three surface dump or debris sites were cleared and removed from the property. POST has employed Coastside contractors, where possible. Environmental Quality Incentives Program(EQIP) Grant The Markegards, in coordination with POST and the District, recently entered into a Farm Bill Environmental Quality Incentive Program (EQIP) grant contract with the Natural Resources Conservation Service (NRCS). Over the next three years, this grant contract will provide $64,925 in funding assistance to the tenant to improve the grassland grazing conditions on the property by mechanical mowing of coyote brush and the installation livestock cross-fencing, which is expected to increase the grazing carrying capacity and improve grassland biodiversity, thereby improving the economic feasibility of continued agriculture use on the property. Under the grant contract conditions, after completing the grant funded improvements, the tenant is responsible for maintenance of these improvements for their lifespan. These activities are currently underway and ongoing, and the District's proposed purchase will not affect their implementation or completion. As part of their standard procedures, NRCS reviews the environmental impacts of projects proposed for grant funding under the National Environmental Policy Act(NEPA). NRCS adopted a Finding of No Significant Impact for the entire EQIP in December 2009. NRCS also completed an Environmental Evaluation specifically for the project and found no environmental effect on endangered and threatened species. Similar to District resource management standards, the grant contract includes performance standards requiring avoidance of suitable red-legged frog habitat areas, and removing brush during bird nesting season. REAL PROPERTY COMMITTEE The District's Real Property Committee, a standing committee of the Board of Directors, held a public meeting on the property (within the Coastside Protection Area) in order to familiarize themselves with the property and to receive public input on the proposed purchase. This meeting was held on October 15, 2012, after notice was distributed to property owners of land located adjacent to or surrounding the property, Coastside public officials, community-interest groups, non-profit land trusts, conservation-oriented organizations, elected officials, government agencies and government-sponsored organizations within the Coastside Protection Area. The Markegard family and a POST representative attended the meeting. No members of the public attended the meeting. At the meeting, staff described the property and how it would be managed as open space and agricultural land, the proposed preliminary use and management plan, and the proposed purchase terms. COASTSIDE PROTECTION PROGRAM PROCESS As part of the annexation process, the Service Plan and subsequent conditions approved by LAFCo both established a number of policies and procedures for conducting the Coastside Protection Program (Program). The Program now guides the District's purchase, as well as the use and management of open space land within the Coastside Protection Area. The proposed purchase of the Toto Ranch property described in this Report and the accompanying Preliminary R-12-109 Page 5 Use and Management Plan are consistent with the policies and procedures contained in the g P Program. The Coastside Protection Program requires consultation with interested public agencies, officials, and interested organizations to solicit input into the planningprocess prior to the Board's consideration of purchasing the property. On September 25, 2012, five members of the San Mateo County Farm Bureau, including a neighboring property owner to the north east, visited the property with District staff, the Markegards, and a POST staff member and discussion ensued regarding the grazing uses, historical uses, and ranch infrastructure. Staff also made a presentation to the full Farm Bureau Board on October 1, 2012. The Farm Bureau was supportive of the project and provided additional information about past agricultural use of the property. On October 15, 2012, the project was presented to and discussed by members of the San Mateo County Agricultural Advisory Committee. District Staff assured both the Farm Bureau and the Agricultural Advisory Committee that agricultural concerns would be carefully considered in future planning for the property, and that the decision making process would include additional opportunities for their participation and input. USE AND MANAGEMENT Conservation Easement In 2007, a conservation easement was recorded over the property to protect the scenic and natural habitat, agricultural production, and open space values of the property. The conservation easement is currently held by Coastside Land Trust, and is anticipated to be assigned to POST after purchase of the property by the District. The easement provides for a 9-acre improved area of the property (where all of the existing improvements are currently located), and allows for the replacement of the main residence not to exceed 5,000 square feet, recreational improvements not to exceed 10,000 square feet, and 25,000 square feet of agricultural improvements, for a total 40,000 square feet of improvements in the aggregate(see Exhibit B). The District's use and management is expected to be consistent with this easement. Planning Considerations The POST (Toto Ranch) property is subject to the Land Conservation Agreement (Agreement) between San Mateo County and Donald Scutchfield under the California Land Conservation Act of 1965 (also known as the Williamson Act)recorded in 1985. San Mateo County filed and recorded a Notice of Non-Renewal of the Agreement affecting a small portion of the property in 2011, which will terminate in 2020, and earlier this year, POST recently filed a Notice of Non- Renewal of the Agreement affecting the remaining property, which will terminate in 2021. In addition to agriculture, the Agreement provides for the compatible uses of open space, recreation, and wildlife habitat area. Staff notified the California Department of Conservation (CDC) of the proposed POST (Toto Ranch)property purchase, as required. No response from CDC was received as of this writing. In the past, CDC staff has recommended the District consider filing for contract nonrenewal when acquiring land subject to a Williamson Act Land Conservation Agreement; however, the nonrenewal process is already underway. R-12-109 Page 6 The current San Mateo County General Plan designation for the property is Agriculture, and the zoning is Planned Agricultural District/Coastal Development(PAD/CD). Surrounding private properties are also zoned PAD/CD. District staff requested that San Mateo County review the conformity of the District's proposed property purchase with the County General Plan. As of this writing, the San Mateo County Planning Commission is scheduled to conduct its conformity review on November 14, 2012. County staff has not previously expressed any concerns about the conformance of the purchase with the General Plan. The property is comprised of two legal parcels and has a potential development density of seven residential sites under San Mateo County regulations. Development of the property for residential purposes would be feasible, as much of the property is accessible and there are many relatively level building sites along or near ridgetops. However, the property is subject to the conservation easement, which restricts subdivision of the property, and the Williamson Act contract limits uses to those compatible with commercial agriculture. The property's upper ridgelines are visible from the Highway 1, a state-designated Scenic Highway. According to the California Department of Conservation's Farmland Mapping and Monitoring Program (FMMP) 2008 update, the property contains approximately 669 acres of Grazing Land, and the remaining property consists of Other Land (steep riparian and scrubland unused for agriculture). These areas have not been used for grazing or agricultural crops historically. Although some of the ridge lands suitable for grazing may have been dry farmed historically, these lands are currently fallowed with no obvious farming infrastructure present. The Preliminary Use and Management Plan contained in this report specifies that the District will continue to lease the balance of property for conservation grazing to maintain and enhance native biodiversity, reduce wildfire risk by controlling fuel loads, and promote the local, historical agricultural economy. Over the next two to three years, District staff will prepare a Rangeland Management Plan and associated longer-term grazing lease, for future Use and Management Committee and Board consideration, after soliciting tenant and public input. POST commissioned a Phase I Environmental Site Assessment prior to purchase and District staff has conducted due diligence investigations and inspections of the property, including a review of San Mateo County's property records and files. No information of concern was noted in reviewing this information. Preliminary Use and Management Plan (Next Steps) The principal purpose of the Preliminary Use and Management Plan is to establish a status quo approach to land management to be effective in the interim between purchase and the completion of a subsequent long-term plan. This plan outlines the uses that can occur on this property in the near term, and the management methods for ensuring their compatibility with each other and with neighboring properties. It also outlines actions to protect and balance the agricultural and natural resource potential, and initiates activities needed to inform long-term planning and management. The Preliminary Use and Management Plan below will take effect upon the close of escrow, and remain effective until a long-term plan is developed for the property. The Preliminary Use and Management Plan includes continuation of grazing under the provisions of a grazing lease, R-12-109 Page 7 continuation of residential use as a month to month rental, resource management, posting signs, p g � and securing the site, as described more fully below. measures contained All mitigation to ed in the Coastside EIR are incorporated into this Preliminary Use and Management Plan. Name Temporarily designate the POST (Toto Ranch) property as the Gordon Ridge Area of the Tunitas Creek Open Space Preserve. Refer the property to the Board's Legislative, Funding and Public Affairs Committee for permanent naming. Public Access: Designate the property as closed to general public use. Allow public access through Ranch Days, workshops, and ranch visitation conducted by the tenant consistent with historical use patterns, subject to case-by-case District permit requirements. Allow docent-led hikes, after evaluating the compatibility of limited public access in light of existing on-site factors including grazing, natural resources, temporary parking/staging needs, and road and trail conditions. Signs and Site Install private property, closed area, and preserve boundary signs where Security: appropriate. Structures and Rent the residential structures under District month-to-month residential Improvements: rental agreements. Evaluate the feasibility and/or desirability of alternative longer-term residential occupancy arrangements and return to the Board for review and approval. Evaluate the historic integrity of the ranch house. Maintain the residence in a habitable condition. Maintain the existing water system providing domestic, irrigation, and stock watering in serviceable condition. Resource Conduct a i Beta led resource assessment f h o the g such p covering h topics property,Management: as vegetation management, special status species, ponds, and sedimentation. Use conservation grazing as a vegetation management tool to reduce invasive weeds and encourage native grasses within the property's grasslands, as part of overall rangeland management methods. Conduct other interim invasive plant and animal management activities consistent with the District's policies and practices. Rangeland Continue grazing under the existing grazing lease being assigned to the Management: District. Upon preparation of a Rangeland Management Plan and before lease expiration, enter into a long-term conservation grazing lease in accordance with the District's Coastside Service Plan, the District's Grazing Management Policy, and the Rangeland Management Plan. Collaborate with tenants on obtaining and administering grants on rangeland and resource enhancements, as well as exploring the feasibility of alternative methods of R-12-109 Page 8 brush management. After public review and comment in accordance with the Farm Bureau Memorandum Of Understanding and Coastside Protection Plan, present the long-term grazing lease and Rangeland Management Plan for future review and approval by the District Board of Directors. Conservation Use and manage the property consistent with the existing Conservation Easement: Easement. Coordinate with easement holder regarding any proposed physical alterations to the property prior to implementation, so that they may assess consistency with easement provisions. Patrol: Routinely patrol the property using existing ranch roads and patrol easements. Wildfire Fuel Conduct conservation grazing, as noted above, as well as other standard Management: District-wide fuel management practices. Further assess plant communities on the property to determine wildfire management needs and consult with San Mateo County and the California Department of Forestry and Fire Protection in developing a site-specific fuel modification and management program as part of the subsequent planning process. Fences and Working with the tenant, ensure that existing gates and fences are Gates: maintained and repaired as necessary to prevent livestock movement onto adjacent private property or onto Highway 1. Install new fencing in accordance with the existing EQIP grant scope. Install new gates as necessary to prevent unauthorized vehicular entry at the property. Monitor interior fence installation by tenant under the EQIP grant, and evaluate additional fencing needs as part of developing the long-term Rangeland Management Plan. Roads and Maintain existing roads to the ranch house compound in serviceable, year- Trails: round condition, and maintain the remaining existing roads for seasonal use. Implement maintenance and minor erosion and sediment control measures for access roads in accordance with District and Service Plan standards. Prepare a road and trail inventory of the entire property consistent with Service Plan requirements. Coastside Operate and manage the property in conformity with the provisions of the Service Plan: Service Plan for the Coastside Protection Program and the mitigation measures adopted pursuant to the Coastside Service Plan Environmental Impact Report. Site Safety No evidence of any recognized hazardous condition has been found on the Inspection: property. As with every situation involving older structures and past agricultural use, perform a thoughtful analysis of the specific working conditions before conducting all future maintenance and repairs. POST Site For a limited period and in accordance with the District's "Policies for Site R-12-109 Page 9 Naming: Naming and Gift Recognition", allow POST to recognize significant donors through the naming of a single, specific location, land formation, trail, or other natural feature on the property. Williamson Comply with the existing Williamson Act contract during the nonrenewal Act: period. Dedication: Withhold dedication of the property as open space at this time. Subsequent As indicated under Structures and Improvements above, evaluate the Planning: possibility of entering into a long-term residential arrangement. Develop a long-term plan for the property, including more detailed plans for grazing, resource management, public access, road and trail management, and wildland fuel and fire management. Since the property is within the Coastside Protection Area and is subject to the Service Plan, the process for developing a long-term plan involves conducting more detailed resource assessments to inform resource management, range management, and public access plans, including consultation with appropriate government officials, agencies and organizations, and an extensive public input process. The long- term plan will be subject to further environmental assessment under the California Environmental Quality Act (CEQA). CEQA COMPLIANCE Project Description The project consists of the acquisition of a 952.49-acre property as an addition to the District's public open space preserve system and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and maintained in a natural condition. Pursuant to the Preliminary Use and Management Plan, the property will be closed to the general public, except for limited docent-led hikes and a continuation of the previously occurring Ranch Days and agricultural workshops under District case-by-case permits. The majority of the property will continue to be leased for cattle and other livestock grazing. The residence will continue to be rented. The structure and improvement repairs currently underway will be completed. Minor resource and wildfire fuel management activities will occur and existing ranch roads will be maintained according to District policies and standards. In accordance with the Coastal Service Plan, the project incorporates all of the Coastside Environmental Impact Report (EIR) mitigation measures that apply to land purchases within the Coastside Protection Area and is subject to the Coastal EIR mitigation monitoring program. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301, 15316, 15317, 15325, and 15061(b)(3) of the CEQA Guidelines as follows: R-12-109 Page 10 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 Preliminary Use and Management Plan specifies the property will be operated and maintained in a natural condition and there will be no expansion of use. The property will be closed to the general public, with only limited access for docent-led hikes and tenant Ranch Days; residential uses, and livestock grazing will continue; minor resource and wildfire fuel management activities will occur; existing ranch roads will be maintained according to District standards. The repairs currently in progress will be completed to address current standards of public health and safety and the residence will be maintained in a habitable condition. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space and historical resources, and to allow continued agricultural use to occur. This acquisition will transfer fee ownership of the property to the District and ensure that the open space will be preserved, that continued agricultural use will occur, and that the historic resources will be preserved by implementing the Preliminary Use and Management Plan and by incorporating it into the District's open space preserve system. This proposed purchase qualifies under these four sections. The project is also exempt under section 15061(b)(3), as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS The bargain sale purchase price for the 952.49-acre POST (Toto Ranch) property is $3,500,000, or approximately$3,675 per acre with a gift component of$3,644,000. The property, subject to the conservation easement, has a fair market appraised value of$7,144,000 as determined by an independent appraisal commissioned by POST. As part of this transaction, POST is completing repairs and minor improvements to the ranch house residence and residential water system and septic system, has removed surface dumps and debris sites, performed access and ranch road maintenance, and conducted agricultural well and stock watering infrastructure repairs (discussed in detail earlier in this report) at a cost not to exceed $275,000. These funds will be held in an escrow impound account and released upon completion of all required work. Any unused funds will be returned to the District. It is anticipated that these improvements will be completed by March 2013. The combined purchase and reimbursement costs are not to exceed $3,775,000. R-12-109 Page 11 Eric and Doniga Markegard are the residential and grazing tenants on the property. The Markegard family currently rents the two-story ranch house under month-to-month rental agreements with POST that will terminate at close of escrow, and will be replaced with the District's standard monthly residential rental agreement under substantially the same terms. The residential rental agreement will be entered into under the General Manager's authority. The Markegards operate a grass-fed beef cattle operation on the property under a grazing lease agreement with POST with a two-year lease term with options for two one-year lease extensions, for a total of four years. As part of this transaction, POST's grazing lease will be assigned to the District. The initial lease term expires on November 1, 2014. As part of the Rangeland Management Plan development process, staff will evaluate the most advantageous residential leasing terms, taking into consideration the need for the Markegards to be co-located on the property to manage the day-to-day demands of their grass-fed beef and other livestock businesses. As specified in the Preliminary Use and Management Plan, the District will evaluate alternative long-term residential arrangements to best accomplish our goals g g P for the long-term grazing and rangeland management of the property. The purchase agreement also includes a covenant that provides POST a period of five years to recognize significant donors through the naming of a specific location, land formation, trail, or other natural feature on the property, in accordance with the District's"Policies for Site Naming and Gift Recognition", which require Board Committee approval of naming proposals. BUDGET CONSIDERATIONS FY2012-13 Budget for New Land Purchases: New Land Budget $9,000,000.00 Less: Land purchased this year ($1,839,600.00) POST (Toto Ranch) Property ($3,500,000.00) New Land Purchase Budget Remaining $3,660,400.00 Controller Mike Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. Current Coastside Protection Area Fiscal Considerations The 952.49-acre property is located in the District's Coastside Protection Area. The property is located within the service area of San Mateo County Fire, but not the La Honda-Pescadero Unified School District. However, under the terms of the District/County Fire agreement, the District is not required to pay a County Fire fee when the District leases the property for a private agricultural or residential use, which is subject to a possessory interest tax. The Coastside Protection Program included a Fiscal Analysis conducted by Economics Research Associates confirming the feasibility of implementing that Program. To ascertain whether the conclusions made in the Fiscal Analysis are valid for this particular project, staff has researched R-12-109 Page 12 the specific site conditions and expected costs associated with the proposed purchase and subsequent management of the property. This site assessment indicated that acquisition and management costs for the POST (Toto Ranch) property are expected to be consistent with the Fiscal Analysis projections. Furthennore, staff assessed the costs associated with this project and compared them to the Controller's most recent 15-year projections of cash flow, property tax revenue, and operating expenses. Staff concludes that purchasing and managing this property will not result in any significant impact to the District's existing services, and that the District has the resources to sustain the lease and management of the property for the specified term. PUBLIC NOTICE An advance letter announcing the meeting date and the agenda for this public meeting, where the Board of Directors will consider purchasing this property, have been sent to property owners of land located adjacent to or surrounding the subject property, individuals requesting notification about this specific property, agenda subscribers, individuals requesting notification of proposed Coastside and Preserve projects, and Coastside'public officials, community-interest groups, non- profit land trusts, conservation-oriented organizations, elected officials, government agencies and government-sponsored organizations within the Coastside Protection Area, as well as attendees of the October 9, 2012 Real Property Committee Meeting. The agenda and this report have been made available on the District's website. Accordingly, all notice required by the Brown Act and the Coastal Protection Program has been provided. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property, and will undertake the next steps identified in the Preliminary Use and Management Plan contained in this report. Once developed, a long-term grazing lease, rangeland management plan, and long-term residential use recommendation will be brought to the Board for review and consideration at a later date. Attachments: 1. Resolution 2. Exhibit A—Property Map 3. Exhibit B — Improved Area Responsible Department Head: Mike Williams, Real Property Manager Prepared by: Michael Williams, Real Property Manager Elaina Cuzick, Real Property Specialist Sandy Sommer, Senior Planner Gretchen Laustsen, Planner 11 R-12-109 Page 13 Contact person: Same as above Graphics prepared by: Alex Roa, GIS Technician ATTACHMENT 1 RESOLUTION 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT AND ASSIGMENT OF LEASES,AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (TUNITAS CREEK OPEN SPACE PRESERVE - LANDS OF PENINSULA OPEN SPACE TRUST (TOTO RANCH) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between the Peninsula Open Space Trust and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire the real property described therein("the POST Property"). Section Two. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $10,000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of eneral f nds. These general funds are needed for operating and other working g � g P g g capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. 77-4100, \\� San Mateo 92 edwood'ctty t o�� fee ���( �;}�� •Half Moon Bay o' c�Ilk •`*Palo Alto N _ o Space Pre r v e Area of ,, —••. 1. Detai 1 r \\- l 35 Vol w D erassi Resid'ent Artists a r a< J POST c �r r t SS W (ToM Ranch) 0 v - v v La Ho a re k ` `" • p n Space 0 f Pre erve o , a �f Redgate Ra' a a 84 San G re ri o rQrr Cre / x� � G v Exhibit A: POST (Toto Ranch) and Surrounding Area Midpeninsula Regional Open Space District POST(Toto Ranch) Land Trust (MROSD) * MROSD Preserves Private Property Other Protected Open Space Non MROSD Conservation November, 2012 or Park Lands or Agricuttural Easement Mile, L o t _ While e 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. - gill WFSM *��� a * ,*, ••• ' Tota Ranch r , Area of Detail qk ,, a 06 ja7 c s # T Y_ ,► s ' - v tk T m � V A Exhibit B: Improved Area Midpeninsula Regional POST (Toto Ranch) Open Space District Building Envelope (8.89 acres) (MROSD) eNovember, 2012 r ch�:r:hrftrfi^t*rnvAln�� Feet - � 0 150 300 White the District strives to use the best available diaitai data,this data does not remsent a teeal survev and is mcreiv a araohic illustration of teoeraohic features. I I i ' IMidpeninsula Regional Open Space District R-12-108 Meeting 12-36 November 14, 2012 AGENDA ITEM 7 AGENDA ITEM Award of Contract for Interim Assistant General Counsel Services with the Law Firm Shute, Mihaly and Weinberger, LLP, in an Amount Not-to-Exceed $248,795 through March 31, 2014 GENERAL MANAGER'S RECOMMENDATION Approve a contract with the law firm Shute, Mihaly and Weinberger, LLP, to provide Interim Assistant General Counsel services, in an amount equal to the cost savings realized by the current vacancy in that position, totaling$248,795 for the remainder of this fiscal year 2012-13 l and next fiscal year 2013-14. i SUMMARY i As previously announced, the District's Assistant General Counsel, James Atencio, recently took another job, leaving a vacancy in the General Counsel's Office. After a review of twenty(20) proposals to fill the position on an interim basis, and in consultation with District General Counsel Sheryl Schaffner, staff recommends contracting with the law firm Shute, Mihaly and Weinberger, LLP. The firm presented a competitive mix of lower than average hourly rates and well qualified and appropriately experienced assigned counsel, with partner Tamara.Galanter assigned as lead. The District is familiar with Ms. Galanter's work and has been happy with the services she has provided to the District previously. DISCUSSION M i The vacancy in the position of Assistant General Counsel (AGC) creates a salary savings of $77,883 for the remainder of this fiscal year(through March 31, 2013), and $170,912 for the next fiscal year, assuming the budget for this position remains the same as this year. Both figures include salary and benefits, and total $248,795 through March 31, 2014. The Board directed the General Manager and General Counsel to use those salary savings to temporarily provide the services lost with the AGC departure, until a plan for what to do with the position in the long-term can be developed and brought forth for Board consideration. i R-12-108 Page 2 In response, the General Counsel put out a request for proposals from the local government law community. Twenty(20) proposals were received. The proposals ranged from solo attorneys with little relevant experience and rates as low as $70 per hour, to higher-end firms with well- qualified attorneys and rates of$300 per hour. All proposals, including those from high-end firms, were discounted from private sector rates, as is customary for public agency general legal work. A careful review of the proposals received led the General Counsel to conclude that the proposal submitted by Shute, Mihaly& Weinberger with partner Tamara Galanter named as lead was the best one, with the right mix of skills, experience and rate structure. The proposed rate structure, as set out in Exhibit A to the Agreement(see Attachment), is $190 per hour, with no charge for travel. Most of Ms. Galanter's services would be provided via telephone and email, but she would come in to the office at least once a week to provide"office hours"in person, to meet with staff, and attend special meetings as needed. This deeply discounted rate is only good for the first twenty-five(25) hours of Ms. Galanter's time per week. This is not a problem though, since we will only be able to use about seventeen (17)hours of service per week at this rate before we exceed the salary savings set out above. Ms. Galanter and her firm appear to be a good fit for this service at this time as both she and her firm are already well-acquainted with the District and its needs, the firm has a "deep bench"of attorneys with relevant experience and specializations to back Ms. Galanter up as needed, and can provide the flexibility we need in terms of hours of availability and turnaround time on p Y Y individual projects. It is important to reiterate that the salary savings translate to less than half of the hours of service we are accustomed to receiving from this position, which is fairly typical when you move from in-house to contract services. We will need to increase our efficiencies to keep up with core w with h under that reduced level of service which the General Counsel is Orkin on t the projects d g , assistance of the rest of the Management Team. As was previously planned, the General Counsel will prepare an overview of the position, which was a temporary position needing j review already, and bring forth for Board consideration a set of options and a long-term recommendation for this position sometime within the next year. This partial vacancy will hopefully help to focus that analysis. BOARD COMMITTEE REVIEW This decision is not one requiring committee review. PUBLIC NOTICE This action requires no special public notice outside the regular Brown Act notice that is already provided for this meeting. CEQA COMPLIANCE This decision does not have any environmental impacts triggering the California Environmental Quality Act (CEQA). 2 i R-12-108 Page 3 NEXT STEPS Upon approval by the Board of Directors, staff will proceed to finalize the contract. Within the next year, the General Counsel will return to the Board with a set of options and long-term recommendations for the position of Assistant General Counsel. Attachments: 1. Agreement for Professional Services Between the Midpeninsula Regional Open Space District and Shute, Mihaly& Weinberger, LLP. Prepared by: Sheryl Schaffner, General Counsel Contact person: Same as above i 3 • ' ( Midpeninsula Regional Open Space District AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND SHUTE, MIHALY & WEINBERGER LLP THIS AGREEMENT is by and between SHUTE, MIHALY & WEINBERGER LLP ("Consultant")and the Midpeninsula Regional Open Space District, a public body of the State of California("District"). Consultant and District agree: 1. Services. Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to perform all of the Scope of Services herein required of Consultant as set out in Exhibit A, for an amount not to exceed$77,800.00 for the remainder of this fiscal year(ending March 31, 2013), and for a total not to exceed$248,795.00, including all materials and other reimbursable amounts("Maximum Compensation"). Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed,the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Consultant's signature. 3. Term and Termination.This Agreement commences on full execution hereof and terminates on March 31, 2014, unless otherwise extended or terminated pursuant to the provisions hereof. Agreement shall be terminable at will by either party with thirty(30) days written notice on either side. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement,time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the District, shall be requested in writing to the District's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to District for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of District. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the District. 5. Indemnification. Consultant shall indemnify,defend, and hold District, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the District, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. S:\A-Board Meetings\2012 Reports\12-37 Noveinber28,2012 Regular Meeting\7-Shute Mihaly Weinberger LLPI,2012.1 I.14,a Consultant_Agreeinent_Shute—Mihaty.doc Agreement-MROSD and SHUTE, MIHALY & WEfNBERGER LLP Page 2 6. Termination and Abandonment.This Agreement may be cancelled at any time by District for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro-rated compensation for authorized Services performed prior to the effective date of termination provided however that District may condition payment of such compensation upon Consultant's delivery to District of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to District all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which District incurs as a result of such cessation or abandonment. 7. Ownership of Materials.All documents,materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs,computer data, software, reports, maps, electronic files and films, and any final revisions,prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of District. All documents and materials of a preliminary nature, including but not limited to notes, sketches,preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to District at no additional charge and without restriction or limitation on their use. Upon District's request, Consultant shall execute appropriate documents to assign to the District the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all District property in Consultant's control or possession immediately upon termination. 8. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the District. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 9. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify District of the existence of such conflict of interest so that the District may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act(Government Code § 81000 et seq.)respecting this Agreement. 10. Whole Agreement and Amendments.This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and District's General Manager, and approved as to form by the District's General Counsel. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not S:\A-Board Meetings\22012 Reports\12-37 November 28,2012 Regular Meeting\7-Shute Mihaly Weinberger LLP\—?012.11.14.a_Cotisultant_Agreeiiient_Shute Mihaly.doc Agreement-MROSD and SHUTE, MIHALY & WEINBERGER LLP Page 3 constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of District's District Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 11. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 12. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 13. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by(i) depositing such notice in the United States mail,registered or certified, return receipt requested,postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii)transmitting such notice by means of Federal Express or similar overnight commercial courier("Courier"), postage paid and addressed to the other at its street address set forth below; (iii)transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or(iv)by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either art may, b written notice change the address to which p J party Y Y g notices addressed to it shall thereafter be sent. I 14. Miscellaneous. a. Except to the extent that it provides a part of the definition of the term used herein,the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. b. Capitalized terms refer to the definition provide with its first usage in the Agreement. c. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. d. The terms"shall","will","must"and"agree"are mandatory. The term"may"is permissive. e. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. f. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. g. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. S.\A-Board Meetings\2012 Reports\12-37 November 28,2012 Regular Meeting\7-Shute Milialy Weinberger LLP\2012.1 1.14.a_Consultant_Agreement_Shute_Mihaly.doe Agreement-MROSD and SHUTE, MIHALY & WEINBERGER LLP Page 4 IN WITNESS WHEREOF, Consultant and District execute this Agreement. MIDPENINSULA REGIONAL OPEN CONSULTANT SPACE DISTRICT SHUTE, MIHALY & WEINBERGER LLP 330 Distel Circle 396 Hayes Street Los Altos,CA 94022-1404 San Francisco, CA 94102 By: By: Stephen E. Abhors Tamara S. Galanter General Manager Partner Date: Date: Attest: Michelle Radcliffe Federal Employer ID Number: District Clerk License Number: Expiration Date: Approved as to form: Sheryl Schaffner General Counsel Attachments: Exhibit A Scope of Services S:\A-Board Mectings\2012 ReportsA2-37 November 28,2012 Regular Meeting\7-Shute Mihaly Weinberger LLP\2012.11.14.a_Consultant_Agreeinent_Shute_Mihaly.doc Midpeninsula Regional Open Space District EXHIBIT A SCOPE OF SERVICES AND COMPENSATION Scope of Services and Compensation Commencing on October 23,2012,Consultant shall provide attorney services to temporarily fulfill the duties of Assistant General Counsel. Consultant has designated Tamara Galanter as the firm attorney primarily assigned to this role,with back-up from Fran Layton,Gabriel Ross and Sarah Sigman,as needs dictate. Ms.Galanter's and other Partner and Senior Associate services will be provided at the discounted rate of$190 per hour, for up to twenty-five(25)hours per week. Paralegal services will be provided at$100 per hour. Law Clerk services will be provided at$60 per hour. Consultant will not charge for travel time or mileage. Any excess hours will be charged at$250 per hour for a Partner,$235 per hour for a Junior Partner,$215 per hour for a Senior Associate,$185 per hour for a Junior Associate/Fellow,$170 for a Planner,$145 for an Assoc. Planner,$100 for a Paralegal,and$60 for a law clerk. Consultant shall not exceed 25 hours per week without advance written notice(email to the General Counsel is sufficient)and approval by the District. In no event shall the billable hours exceed the contract amount of$77,880 for the remainder of this fiscal year,unless the contract is amended in writing. All of the above rates and terms apply only to regular Assistant General Counsel duties,and any higher level or special counsel services, including any litigation,would be subject to separate terms and rates,to be negotiated as needed. For most matters,Consultant's team as specified in Consultant's proposal dated October 5,2012, will be used to provide legal services. However,Consultant may use other attorneys in the office if necessary to provide the best legal services to the District. Hourly Rate Arrangement For performance of the Scope of Services by Consultant as herein required,District shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services,at the rates or amounts set forth above. Limitation without Further Authorization on Time and Materials Arrangement. At such time as Consultant shall have incurred time and materials equal to Two Hundred Forty-eight Thousand Seven Hundred Ninety-five and 00/100 Dollars($248,795.00)("Authorization Limit"),Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the District. Nothing herein shall preclude Consultant from providing additional Services at consultant's own cost and expense. Contract Administrators District: Sheryl L. Schaffner,General Counsel Consultant: Shute,Mihaly&Weinberger LLP Agreetnent.for Prqfi�sional or Consulting Services, Exhibit A Page I Midpeninsula Regional ' Open Space District R-12-112 Meeting 12-36 November 14, 2012 AGENDA ITEM 9 AGENDA ITEM i Appointment of Unopposed Candidates in Wards 2, 3, 4, and 7; Approval of Certificates of Appointment; and Administration of the Oath of Office GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolutions appointing the following unopposed candidates: Yoriko Kishimoto as Ward 2 Director to a two year term, J. Edmond (Jed) Cyr as Ward 3 Director to a four year term; Curtis R. Riffle as Ward 4 Director to a four year term, and Cecily Harris as Ward 7 Director to a four-year term. 2. Approve the Certificates of Appointment. 3. Administer the Oath of Office to the newly appointed Directors. DISCUSSION Section 5532(e) of the District's enabling legislation states, in part, that the Board of Directors shall appoint unopposed candidates who have been nominated. Section 5532(e) specifies that the Board of Directors shall make the appointment(s) and that the person(s) appointed shall qualify and take office, and serve exactly as if elected for office. Yoriko Kishimoto of Palo Alto is the unopposed candidate nominated for the position of Director in Ward 2. J. Edmond (fed) Cyr of Sunnyvale is the unopposed candidate nominated for the position of PP Director in Ward 3. Curtis R. Riffle of Los Altos is the unopposed candidate nominated for the position of Director in Ward 4. Cecily Harris of San Carlos is the unopposed candidate nominated for the position of Director in Ward 7. R-12-112 Page 2 In accordance with the provisions of Sections 5532(f) and (g) of the District's enabling legislation, certificates of election shall be issued, and the Oath of Office shall be administered within 30 days of the appointment, and at least 15 days before the start of the term. The Directors' terms will begin on January 1, 2013. FISCAL IMPACTS There are no fiscal impacts associated with this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE. This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If the Board approves appointment of the unopposed candidates to Wards 2, 3, 4, and 7, the District Clerk will administer the Oath of Office, issue certificates of appointment, and each appointed Director will take office on January 1, 2013, and serve as if elected at the November 6, 2012 general district election. Attachments: 1. Resolution Appointing Director in Ward 2 2. Resolution Appointing Director in Ward 3 3. Resolution Appointing Director in Ward 4 4. Resolution Appointing Director in Ward 7 5. Certificate of Appointment and Oath of Office for Ward 2 6. Certificate of Appointment and Oath of Office for Ward 3 7. Certificate of Appointment and Oath of Office for Ward 4 8. Certificate of'Appointment and Oath of Office for Ward 7 Responsible Department Manager: Ana Ruiz, Interim Assistant General Manager Prepared by: Michelle Radcliffe, District Clerk Contact Person: Same as above ATTACHMENT I RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR—WARD 2 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wf IEREAS, an election for the office of Director— Ward 2 of the Midpeninsula Regional Open Space District was scheduled to be held on November 6, 2012; and ,d WHEREAS, at 5:00 p.m. on the 8.) day prior to the date of said election only one person had been nominated for the position to be filled at that election; and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WI I EREAS, Yoriko Kishimoto was unopposed as a candidate for Director— Ward 2. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, YORIKO KISHIMOTO Is appointed Director— Ward 2 of said District, is duly qualified for the office of Director Ward 2 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 6, 2012 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this 14 1h day of November, 2012, by the following vote: ATTACHMENT 2 RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR—WARD 3 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director— Ward 3) of the Midpeninsula Regional Open Space District was scheduled to be held on November 6. 2012; and WHEREAS, at 5:00 p.m. on the 83"' day prior to the date of said election only one person had been nominated for the position to be filled at that election-, and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, J. Edmond (Jed) Cyr was unopposed as a candidate for Director— Ward 3. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, J. EDMOND (JED) CVR Is appointed Director— Ward 3 of said District, is duly qualified for the office of Director Ward 3 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 6, 2012 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this 14 1h day of November, 2012, by the following vote: ATTACHMENT 3 RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR—WARD 4 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director— Ward 4 of the Midpeninsula Regional Open Space District was scheduled to be held on November 6, 20120, and WHEREAS, at 5:00 p.m. on the 83 1h day prior to the date of said election only one person had been nominated for the position to be filled at that election; and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, Curtis R. Riffle was unopposed as a candidate for Director— Ward 4. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, CURTIS R. RIFFLE Is appointed Director— Ward 4 of said District, is duly qualified for the office of Director — Ward 4 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 6, 2012 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this 14"' day of November, 2012, by the following vote: ATTACHMENT 4 RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR—WARD 7 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director— Ward 7 of the Midpeninsula Regional Open Space District was scheduled to be held on November 6, 2012; and WHEREAS, at 5:00 p.m. on the 83 1h day prior to the date of said election only one person had been nominated for the position to be filled at that election:, and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, Cecily Harris was unopposed as a candidate for Director— Ward 7. NOW, "THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, CECILY HARRIS Is appointed Director—Ward 7 of said District, is duly qualified for the office of Director — Ward 7 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 6, 2012 general district election for said office. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District this 14 th day of November, 2012, by the following vote: ATTCHMENT 5 Midpeninsula Regional Open Space District CERTIFICATE OF APPOINTMENT AND OATH OF OFFICE STATE OF CALIFORNIA ) ) SS: COUNTY OF SANTA CLARA ) I, MICHELLE RADCLIFFE, District Clerk of the Midpeninsula Regional Open Space District, do hereby certify that can the 14th day of November, 2012, Yoriko Kishimoto was duly appointed by the Board of Directors of the Midpeninsula Regional Open Space District, to the office of Member, Board of Directors — Ward 2 to a term which expires December 31, 2014, as appears in the Minutes of the Board of Directors, now on file in my office. IN WITNESS WHEREOF, I hereunto affix my hand and the seal of said District, this day of 2012. MICHELLE RADCLIFFE, DISTRICT CLERK By: STATE OF CALIFORNIA ) SS: COUNTY OF SANTA CLARA ) I, Yoriko Kishimoto, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Signature Member, Board of Directors-- Ward 2 Title The above oath was taken and subscribed to before me this day of 2012. MICHELLE RADCLIFFE, DISTRICT CLERK. By: ATTACHMENT 6 IML Midpeninsula Regional IQ' Open Space District CERTIFICATE OF APPOINTMENT AND OATH OF OFFICE STATE OF CALIFORNIA ) SS: i COUNTY OF SANTA CLARA ) I, MICHELL,E RADCLIFFE, District Clerk of the Midpeninsula Regional Open Space District, do hereby certify that on the 14th day of November, 2012, J. Edmond (Jed) Cyr was duly appointed by the Board of Directors of the Midpeninsula Regional Open Space District, to the office of Member, Board of Directors— Ward 3 to a term which expires December 31, 2016, as appears in the Minutes of the Board of Directors, now on file in my office. IN WITNESS WHEREOF, I hereunto affix my hand and the seal of said District, this day of , 2012. MICHELLE RADCLIFFE, DISTRICT CLERK By: i I STATE OF CALIFORNIA ) SS: COUNTY OF SANTA CLARA ) 1, J. Edmond (Jed) Cyr, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Signature Member, Board of Directors — Ward 3 Title The above oath was taken and subscribed to before me this day of 2012. MICHELLE RADCLIFFE, DISTRICT CLERK By: ATTACHMENT 7 • Midpeninsula Regional ! ' Open space District n ME CERTIFICATE OF APPOINTMENT AND OATH OF OFFICE STATE OF CALIFORNIA } ) SS: COUNTY OF SANTA CLARA ) I, MICHELLE RADCLIFFE, District Clerk of the Midpeninsula Regional Open Space District, do hereby certify that on the le day of November, 2012, Curtis R. Riffle was duly appointed by the Board of Directors of the Midpeninsula Regional Open Space District, to the off-ice of Member, Board of Directors — Ward 4 to a term which expires December 31, 2016, as appears in the Minutes of the Board of Directors, now on file in my office. IN WITNESS WHEREOF, I hereunto affix my hand and the seal of said District, this day of 2012. MICHELLE RADCLIFFE, DISTRICT CLERK By: STATE OF CALIFORNIA SS: COUNTY OF SANTA CLARA ) I, Curtis R. Riffle, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Signature Member, Board of Directors— Ward 4 Title The above oath was taken and subscribed to before me this day of 2012. MICHELLE RADCLIFFE. DISTRICT CLERK By: ATTACHMENT 8 Midpeninsula Regional ® ' Ali Open Space District CERTIFICATE OF APPOINTMENT AND OATH OF OFFICE STATE OF CALIFORNIA ) SS: COUNTY OF SANTA CLARA ) 1, MICHELLE RADCLIFFE, District Clerk of the Midpeninsula Regional Open Space District, do hereby certify that on the 14`h day of November, 2012, Ceeily Harris was duly appointed by the Board of Directors of the Midpeninsula Regional Open Space District, to the office of Member, Board of Directors — Ward 7 to a term which expires December 31, 2016, as appears in the Minutes of the Board of Directors, now on file in my office. IN WITNESS WHEREOF, I hereunto affix my hand and the seal of said District, this day of 12012. MICHELLE RADCLIFFE, DISTRICT CLERK By: STATE OF CALIFORNIA ) ) SS: COUNTY OF SANTA C:LARA ) I, Cecily Harris, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Signature Member, Board of Directors-.. Ward 7 Title The above oath was taken and subscribed to before me this day of 2012. MICHELLE RADCLIFFE, DISTRICT CLERK By: I ' IMid peninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: November 14, 2012 Re: FYIs i i Open Spaacece District► Regional Open For Immediate Release O S Date: October 29,2012 Contact: Lallor Maune 650.691.1200 District Hikes Educate Public on Earthquakes - District Co-Hosts Earthquake Hikes at Los Trancos Open Space Preserve as Part of Bay Area Science Festival - Los Altos,California (October 29,20121 Midpeninsula Regional Open Space District partnered with Stanford University to host two earthquake hikes on Sunday, October 28, at the District's Los I r nco> Open pen Space Pr_es ryc as part of the second annual Bay Area Science Festival. On the hikes, participants examined remnants left by thousands of major earthquakes, discussed the wonders of plate tectonics, and learned how to prepare for future earthquakes. "Los Trancos Open Space Preserve offers an ideal location to learn about earthquake geology," said Renee Fitzsimons, docent program manager at the District, "because the San Andreas Fault, one of the world's longest and most active faults, splits the Preserve." Leading the hike were George Hilley, Stanford professor of geological and environmental sciences, and District docents Paul Billig, Mike Alexander, and John Wertzler. Participants enjoyed two and one-half hours hiking primarily along the 1.5-mile San Andreas Fault Trail while the landscape features associated with the fault were interpreted for them. The hikes at 10:30 a.m. and 2:00 p.m. were part of the Festival's Passport to Science Day, which highlighted the incredible science resources in the Bay Area by offering a series of tours, hikes and other active explorations. If you would like to join a guided hike of the San Andreas Fault in the Los Trancos Open Space Preserve, another one is planned for Sunday,November 4, from 2:00 to 4:30 p.m. A selfl= uidcd h lsc of the San Andreas Fault Trail is also available. Visit the ('alendar(it' Activities for a full list of earthquake hikes and other docent-led activities available to the public free of charge. ##### Created by voters in 1972,the Midpeninsula Regional Open Space District has sticcessftilfy protected more than 60,000 acres of open space. The District is it Cahlbrnla special district governed by an elected board of"directors- The District's mission is to acquire and preserve a regional greenbelt ql'open space land in perpetuity,protect and restore the natured environment, and provide opportunities for ecologically sensitive public enjoinneni and edncation. www.openspace.org. Mount Umunhum Environmental Restoration and Public Access Project Historic Del Monte Building, 100 S. Murphy Ave., Sunnyvale, CA ' Midpeninsula Regional Open Space District Wednesday, October 17, 2012 Comments may be submitted via email to- mt.um.toWf.rt_op ens pace.orrt, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Name.- Address: P 04 q���0"0 Phone: E-mail: 'V C Wish to be added to the Mount Umunhum Mail List ! Or E-mail-List L7? Already on list 0 How did you learn about this meeting? eIniCpaner 1_'7 T.".la"..V,_,7ii L_J DlStiic.i`J__I II u 1JISIr%CI h'OSICarCd U Twitter L7 Facebook 0 Friend L7 Openspace.org L7 Other 0 COMMENTS: �/V. 0-) id f rs o - leis®mil c - 69w � e- `ry Wig �,Q1 guA_P�� W7' v C. i Place l Stnnq I licrc I Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 i of NV S'�`'✓ N � ✓ -0--61 (4 ✓ ® 5-�,o � 0 Mount Umunhum Environmental Restoration and Public Access Project Historic Del Monte Building, 100 S. Murphy Ave., Sunnyvale, CA ' Midpeninsula Regional Open Space Distdct Wednesday, October 17, 2012 Comments may be submitted via email to: mt.um.tower(Wopenspace.orq, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District �n 330 Distel Circle, Los Altos, CA 94022 Name: � � /C,� Y1S/7(Z_ Address: eC"()1- Crd- Phone: E-mail: Wish to be added to the Mount Umunhum Mail List ❑ Or E-mail-List 1z? Already on list❑ How did you learn about this meeting? Newsnaner L7 TPIP_vhq nn n f)ktrirt Finai! l_7 District postcard r7 Twitter ❑ Facebook ❑ Friend ❑ Openspace.org O Other❑ COMMENTS: + 1 �A/ i IZ -- (5 I Yincc Stump Hera I I i Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 I Qt i I i i Mount Umunhum Environmental Restoration and Public Access Project � r Historic Del Monte Building, 100 S. Murphy Ave., Sunnyvale, CA Midpeninsula Regional Open Space District Wednesday, October 17, 2012 Comments may be submitted via email to: mt.um.tower(cDope Mace.org,, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Name: Address: Phone: E-mail: Wish to be added to the Mount Umunhum Mail List O Or E-mail-List - ? Already on list O How did you learn about this meeting? iJ Newspaper I_7 Television District �;! nff'�♦ ...f rJ �Vv—,--,- S.onEi►�;.... ✓IJ,r,;,c i vowar v Twitter L7 F ce"book L7 Friend L7 Openspace.org O Other e Ir 0 COMMENTS: 0 YIWI relm w 4 G cue- �'!.� rd•� &fk% { i 4 Yln � Stamp Here i I t i I I Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 +i I i I i t , t - r� hIGj lovu-t� 0, '0 0, �b 1 n i ITenne f, 1, wot ,i Jti ��� � � o no r�� � J I - i I _ r Mount Umunhum Environmental Restoration and Public Access Project j Historic Del Monte Building, # 100 S. Murphy Ave., Sunnyvale, CA Midpeninsula Regional Open Space District Wednesday, October 17, 2012 1 Comments may be submitted via email to: mt.um.towerRopens pace.org, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Name: Address: Phone: E-mail: Wish to be added to the Mount Umunhum Mail List L7 Or E-mail-List O? Already on list L7How did you learn about this meeting? Newgp-aver O Te/evicinn E7 District Email lD 17i--trim Postcard 0 Twitter CI Facebook L7 Friend© Openspace.org O Other L7 COMMEN Cob - sIVO -` - r ``7 Mount Urnunhum Environmental Restoration and 2-_ Public Access Project Historic Del Monte Building, 100 S. Murphy Ave., Sunnyvale, CA ` Midpeninsufa Regionaf Open Space District Wednesday, October 17, 2012 �I Comments may be submitted via email to: mt.um.towergopenspace.org, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Name: J o,ok a,i Address: we r� G -I 3`1 ZI Phone: E-mail: Wish to be added to the Mount Umunhum Mail List Or E-mail-List? Already on list L7 How did you learn about this meeting? Newspaper L7 Television O District Email 1-7 1)icfrirf pnctr?rrl r7 Twitter L7 Facebook L7 Friend L7 Openspace.org)Wl Other L7 COMMENTS: I� ra s T o C �1 r a rl H i Mount Umunhum Environmental Restoration and Public Access Project I s Historic Del Monte Building, 100 S. Murphy Ave., Sunnyvale, CA Midpeninsula Regional Open Space District Wednesday, October 17, 2012 i Comments may be submitted via email to: mt.um.towerRopens pace.org, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Name: 3108 %�4!of Address: 9s"« c) Phone: E-mail: Wish to be added to the Mount Umunhum Mail List L7 Or E-mail-List L7? Already on list L9— How did you learn about this meeting? Newspaper L7 Television L7 District Email 0"' District Postcard TwitterL7 Facebook L7 Friend L7 Openspace.org L7 Other L7 COMMENTS: 1{ 3 /� � �!i1 c i..nJ V A C- c 5'J`7/1-r t1 s1 z-�i Sa 0 G J 4.'e 6/J. ( 11,4 v- & is e,e_tif Q r s 72 C-_ /4 e_ 2.Dt2. ML%E7�n/P_ Ism "JT. f'�Lf 5 13z C A xicyG�i/er2r. CI-osL�F =d 5/12A70GA ��Ici,ti/g1 GVPG�LT1 tilD .C�i9L_ - :� / C--ti/LO P CSL('�� COVL<J "aV D7?a1u [3 -7-7C',e, o { Mount Umunhum Environmental Restoration and Public Access Project Historic Del Monte Building, 100 S. Murphy Ave., Sunnyvale, CA ' Midpeninsula Regional Open Space District Wednesday, October 17, 2012 I Comments may be submitted via email to: _mt.um.tower(a7opens_pace.orq, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Name: Q V,I '` q y) Address: Phone.- E-mail: Wish to be added to the Mount Umunhum Mail Lister Or E-mail-List O ? Already on list L7 How did you learn about this meeting? i1rcw ri pc�aper Li TU,�'ri Iwnr DlJiri Ci�r`i�0�i u filJ lrjf.t PI.IJ�I a%al LJ Twitter L7 Facebook L7 Friend O Openspace.org O Other Pf ° < COMMENTS: C.oVe t� V P 1AM 4 Tel ) -h e T ►� � ►� Mount Umunhum Environmental Restoration and Public Access Project Historic Del Monte Building, # ` 100 S. Murphy Ave., Sunnyvale, CA Midpeninsula Regional Open Space District Wednesday, October 17, 2012 I I Comments may be submitted via email to: mt.um.tower@openspace.org, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Name: —I o/L• C9 U JC.. Address: L./A-t, Phone: E-mail: Wish to be added to the Mount Umunhum Mail List O Or E-mail-List QY Already on list L7 How did you learn about this meeting? t'dewspaper CS'r Television L7 uisirict Email Mv--District Postcard u Twitter O Facebook L7 Friend 17-*-- Openspace.org 0- --Other COMMENTS: f2c�:-UI v -cL5=-� T, U S t> ��G-e���-, �„cc,._ �-� e-,.•t�—s �z-�- a�- �,t?Cg~ clw��u�s��� I ` -T 0 AJ Mount Umunhum Environmental Restoration and Public Access Project Historic Del Monte Building, 100 S. Murphy Ave., Sunnyvale, CA Midpeninsula Regional Open Space District Wednesday, October 17, 2012 I i Comments may be submitted via email to: mt.um.tower(a-_)openspace.orq, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Name: VACCAI�� c Address: dui 1 C 1--'0 2- Phone. E-mail: Wish to be added to the Mount Umunhum Mail List L7 Or E-mail-List O? Already on list 1 How did you learn about this meeting? N-Luspaper / Te!evicinn /_7 Mctrict&Pail V Dictrrrt Postcard r7 Twitter L7 Facebook L7 Friend L7 Openspace.org L7 Other L7 COMMENTS: (( Cr C� 1ju 5 ut UuW( �- l _ t - EMI l i l� u`t G Vc—' (bv`� C Wt t `' d t t` rtj _lc _ tl� , to _. (be kv ' atn -k tfn v e k V- r � I Mount Umunhum Environmental Restoration and Public Access Project Historic Del Monte Building, w ' 100 S. Murphy Ave., Sunnyvale, CA ' Midpeninsuia Regional Open Space District Wednesday, October 17, 2012 Comments may be submitted via email to: mtum.towertt�_openspace.orct, dropped in the Comments Box, or mailed to: Meredith Manning, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 Name: J a.c. F( �b L V goN Address: Phone: E-mail: Wish to be added to the Mount Umunhum Mail List Or E-mail-List O? Already on list L:7 How did you learn about this meeting? �� Wv � uf4u aewstaT�w., J ev'vSpaj✓Zr lJ TC1GVlSfV%I u U. Uict ci'riaii, Disiiid Pvsicard u Twitter L7 Facebook L7 Friend L7 Openspace.org g Other O COMMENTS: -�r�G _�u.H� _a�fh� Gr(f�J�w�lyN G-� wh8+-{ .Sc�rcG✓1 (/��-._i� qq a� b �,p ` ti,(t.�S `� h`' '"''-- tic u G! •ul� � (a� C.Jit, wkt _ wA�,;� rY� �l t S &Wc. qark Nc� It r s ta riG �'a(c, VOTZ- - mow oh7� 3 , �►t csa� w�l^l .0 r,r +��. GENERAL MANAGER Stephen E.Abbors 0 Regional penSpace Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siernens Yonko Kishirnotc fed Cyr Curt Riffle Nonette Hankc, Larry Hassett Cechy HarnS October 19,210112 Bob Meehan Driscoll Ranches, LLC PO Box 454 La Honda,CA 94020 RE: Removal of Trailers and Equipment at Driscoll Ranch Area of la Honda Creek Open Space Preserve Dear Bob. Thank you for accompanying Allen Ishibashi,the District's Real Property Specialist,and I last Wednesday.October 10, 2012,to identify the eight trailers and three pieces of heavy equipment which need to be removed from the leased property. In accordance with Exhibit B, Seller's Removable Personal Property to the Amended and Restated Purchase Agreement between Driscoll Ranches, LLC and the Peninsula Open Space Trust dated December 21,2001,"Driscoll Ranches will remove all tractors,trailers and vehicles". The items identified for removal are listed below: I. Residential Trailer at Sears Ranch Road House 1 Caterpillar Bulldozer at Sears Ranch House 1 International Harvester Bulldozer at Sears Ranch House 4. Pull Grader at Sears Ranch House 5. Residential Trailer at 1100 Sears Ranch Road 6. Flatbed and Commercial Trailers below 5711 Sears Ranch Road 7. Residential Trailer above the Wool Ranch House 8. Residential Trailer above Highway 84 Tunnel 9. Two Commercial Trailers below 5711 La Honda Road House Please also find photos of the trailers/equipment along with location descriptions on the attached sheets,The District would appreciate Driscoll Ranch, LLC removing these items from the property as soon as practicable. Sincerely. Michael C. Williams Real Property Manager cc: Rudv Driscoll ` 1:3 330 D Stel C. 'Cle LOSAIIUS CA 94w) 6-o 6w41 1-�oo 1,S0 691048" vvww oper-'space f,)rg Driscoll Ranch Trailers/Equipment to he Remo,*ed i 1. Residential Trailer 91 at Sears Ranch House k 2. Bulldozer#1 at Sears Ranch House - •x' 3. Bulldozer#2 at Sears Ranch House x 4. Grading Equipment at Sears Ranch House t 441 }' ry F , AM � `'�� ��.. E�� +t-_.r.. -. e�" _ per, ..r•+ ' y:. 5. Residential Trailer at Dog Kennel Ir i F ._�.7 �Ys let 4• .4K 6. Flatbed and Commercial Trailers below Dog Kennel willow : r R . ,7. C R — • yes§ R�#.t,rw, At 7. Residential Trailer above Wool Ranch House t MOLVI 4. .r, • a .. 8. Residential Trailer above Highway 84 Tunnel „' - 9. Commercial Trailers below the Folger House i 4 M a x zd" einn P, a r Mr i I Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: November 14, 2012 Re: Late FYIs i 1 i Midpeninsula Regional Memorandum Open Space District To: MROSD Board of Directors Through: Steve Abbors, General Manager From: Julie Andersen,Natural Resources Department Planner 11 Date: November 9, 2012 Re: Response to the Board regarding a question posed during the July 11,2012 Board Meeting. During Agenda Item 5-Authorization to Amend a Contract with Jakaby Engineering to Provide Additional Structural Engineering Design Services asociated with Implementation of the El Corte de Madera Creek Watershed Protection Program, the Board asked Natural Resources and Planning staff what the different County requirements(San Mateo and Santa Clara)are for triggering a building permit when constructing and installing puncheons (small trail bridges). • San Mateo County-puncheons are exempt from a building permit if they are less than 18 inches from grade, up to 120 sq. ft. in area.This direction was provided in an email from San Mateo County Planning Department staff, Summer Burlison on February 2,2012. • Santa Clara County-puncheons r o s are exempt from a building y p p g permit if they are less than 30 inches from the water line to the bridge. No size limitation was specified. This direction was provided in a telephone message from Santa Clara Count Planning Department Staff Pri a Cherukuru in p g Y g � � Y October 2012. San Mateo County is currently the more restrictive county with regards to permitting, constructing and installing puncheons (small trail bridges). If the Board has any additional questions regarding these items, please contact Julie Andersen,Natural Resources Department Planner I1. Reg iOrl a I 0 penSpace Mid peninsula Reg;onal Open Space District October 24, 2012 Rudy Driscoll Bob Meehan Driscoll Ranches, LLC Driscoll Ranches, LLC PO Box 620322 PO Box 454 Woodside, CA 94062-0322 La Honda, CA 94020 Mr. Driscoll & Mr. Meehan, In early October 2012 District staff completed the annual rangeland monitoring on the Driscoll Ranch. Following data collection and photo monitoring staff has determined that the overall condition of the rangeland on the property is extremely poor as a direct result of grazing management practices. Residual Dry Matter(RDM) levels across the majority of the property are extremely low and far exceed prescribed levels. As a result of these practices and the current condition of the property, you are out of compliance with the terms of the Grazing Management Plan as well as the terms of the current lease agreement. Areas of non-compliance: a. Pasture I —Average RDM levels are 0-400 lbs. with much bare soil exposed. b. Pasture 4 —Average RDM levels are 0-500 lbs, with areas of bare soil. c. Pasture 5—Average RDM levels are 0-700 lbs. with areas of bare soil. d. Pasture 6—Average RDM levels are 100-700 lbs. e. Pasture 8 —Average RDM levels are 0-500 lbs with a few locations near 800 lbs. f. Pasture 9—Average RDM levels are 2000-7000 lbs. (underutilized pasture) g. Pasture I I —Average RDM levels are 0-3)00 lbs. with much bare soil exposed. Prescribed RDM levels (for reference): Page 45—Resource Management Plan (2005) "An optimal mixture of desirable plant species can be maintained on annual grassland where 800-1000 pounds per acre of RDM is left ungrazed. These standards generally translate into 4 to 6 inches of standing and downed vegetation at the end of the grazing season (October)." The extents to which the above mentioned pastures are grazed are a significant resource management concern leading to severely degradated grassland habitat value and increased risk of soil erosion and landslides. Additionally, the heavily grazed pastures where large areas of bare soil were created present a risk to water quality as top soil loss and sedimentation will contaminate local water courses. Sedimentation into Harrington Creek and La Honda Creek are a major resource management concern as they are considered habitat for steelhead trout and subject to fines and strict penalties by the California Department of Fish and Game as well as the Regional Water Quality Control Board. 339 �Slel C�rC�e LOSA�Los,CA4,3 a22, 69�a,3 D z pei s pa or Regional OpenSpace i Mid peninsula Regionat Open Space D!stfict Heavy grazing is detrimental to native grasses and desirable vegetation on the property. Furthermore, removal of grassy vegetation through heavy gazing leads to increased spread and density of thistle infestations resulting in major loss of biodiversity in grassland habitat, a key habitat area for numerous wildlife and rare plant species. "['his letter formally places you on notice that you are out of compliance with stipulations set forth in the Grazing Management Plan as well as the lease gr a ement regarding pasture rotation e and Residual Dry Matter prescriptions. Upon receipt of this letter, you have 48 hours to remove all livestock from pastures 1, 4, 5, 6, 7, 8, 10 and 11. Livestock grazing will not be allowed to commence in these pastures until new, green grass growth reaches 4"in height (per the requirements in the management plan and lease agreement), If you have any questions, please feel free toicontact District staff. I can be reached by telephone at (650)691-1200 or by email at ekoopmann Cei,,openspace.org. Thank you for your time, as these are substantial issues that you need to be aware of and must be corrected immediately. Sincerely, Clayton Koopmann Rangeland Ecologist Midpeninsula Regional Open Space District Cc: Mike Williams Kirk Lenington Brian Malone Attachments: Driscoll Ranch Pasture Map oj3nD'�7m : s'CA'4�.0<2 -,s,' C 6'3l No AV • !i! A 1,1! II1 !Ai moll a.. Y 10 , � lair .., a 1 , 6 c TO: General Manager FROM. Gordon Baillie Monthly Field Activity Summary Report Between 81112012 And 813112012 CITE WARNING JCR KNOWN TOTALS TOTALS DISTRICT VIOLATIONS VIOLATIONS ENFORCEMENT 179 Bicycle Citations&JCRs Issued 58 Bicycle after hours 0 2 0 0 2 Parking Citations Issued 55 Closed area-bicycle 2 5 0 0 7 Helmet possession required 0 2 0 0 2 All Written Warnings Issued 56 Helmet required 3 3 0 0 6 Police Assistance 10 Trail use speed limit 3 7 0 0 10 Closed Area Enter temporary/regular closed area 4 3 0 0 7 LAW ENFORCEMENT 42 Dog Law Enforcement 42 Dog in prohibited area 5 2 0 0 7 Leash required-Dog 10 3 0 0 13 ACCIDENTS/INCIDENTS 12 Other Fire Incident 1 After hours 20 21 0 0 41 Medical-Bicycle Accident 4 Alcoholic beverages-beer/wine only 0 2 0 0 2 Smoking-undesignated area 6 0 0 0 6 Medical-Hiking/Running Accident 3 Vehicles prohibited 0 1 0 0 1 Medical-Other First Aid 4 Weapons Possession of/discharging paint ball gun, BB 1 0 0 0 1 MUTUAL AID 6 DISTRICT TOTAL 54 51 0 0 105 Fire Incident 1 CITE WARNING JCR KNOWN TOTALS NON DISTRICT VIOLATIONS VIOLATIONS Law Enforcement 1 Bicycle Medical-Motorcycle Accident 1 Bicycle helmet required for all persons 0 2 0 0 2 Vehicle Accident 3 Other 1 0 0 0 1 Minor in Possession of Alcoholic Beverages 3 0 0 0 3 NON DISTRICT TOTAL 4 2 '0 0 6 GRAND TOTAL 58 53 0 0 111 *JCR Juvenile Contact Report Tuesday,October 30,2012 Page I of 4 PARKING VIOLATIONS CITE WARNING TOTALS DISTRICT 49 3 52 Prohibited Areas(Signed) 5 1 6 Prohibited Areas(Red curb) 1 0 1 Prohibited Areas(Nondesignated area) 4 1 5 Prohibited Areas(Blocking traffic) 1 0 1 III Prohibited Areas(Blocking gate) 7 1 8 Prohibited Areas After hours 31 0 31 Take up more than one marked parking s 0 0 0 PARKING VIOLATIONS CITE WARNING TOTALS NON DISTRICT 6 1 7 Disabled Parking—Paved/Marked. 0 1 1 No parking 2 0 2 Parking in violation of sign. Use for violat 3 0 3 Parking—State Highway 1 0 1 55 4 59 DATE OCCURRENCES OF SPECIAL INTEREST Aug 05 District rangers assisted on a truck versus motorcycle accident at the entrance to the preserve parking Rangers: 3 MA 12S177 lot. The motorcycle rider was unconsciousness when rangers arrived on scene and remained so Police: 2 through the incident. He was taken by helicopter to hospital. Preserve Off District Lands-Skyline Location Purisima Creek, Northridge lot Aug 06 A District ranger heard CAL FIRE Felton dispatch to a two acre wildland fire. Upon arrival there was an Rangers: 3 active fire in the reserve. District rangers assisted Sk londa fire fighters in fighting the fire. A vehicle P 9 Y 9 /R 125180 Police: 1 was discovered within the fire. The fire was extinguished and an investigation was started by the CHP. The vehicle contained a deceased person who was burned beyond recognition. The next day a District ranger located a license plate that had broken off from the vehicle. The license plate allowed CHP to identify the victim. Preserve Saratoga Gap Location Hwg.9 and Hwy. 35 Aug 08 A District Ranger was performing bicycle speed enforcement at the preserve,when she attempted to Rangers: 3 JR 12F235 stop two bicyclists, one for a speed violation and the second for a helmet violation. The bicyclists initially stopped and then fled from the Ranger. Other Rangers responded and attempted to locate the individuals in the Preserve and surrounding area, but were unsuccessful. Preserve St.Joseph's Hill Location Manzanita Trail Aug 09 Two bicyclists were riding through the preserve when one felt ill.They stopped near the restroom to rest Rangers: 1 AR 12F236 and one individual lost consciousness for less than a minute. Rangers and Santa Clara County Fire were requested through 911. SCCF and medics evaluated the patient and he was released. A family member transported the patient home. Preserve Rancho San Antonio County Park Location Restroom Parking Lot Aug 11 A District ranger was contacted by a hiker participating in a group hike. The hiker reported that a Rangers: 4 AR 12S185 member of the group had tripped, hyper-extending her knee. Fellow hikers applied ice and a compression bandage. The patient stated that she could not put any weight on that leg. District Rangers and Kings Mountain Fire responded and transported her in a wheeled litter from the accident scene to a District patrol vehicle on the Purisima Creek Fire Road,and from there to a waiting vehicle in the parking lot. She was transported to a medical clinic by the hike leader. Preserve Purisima Creek Redwoods Location Craig Britton Trail(Soda Gulch Trail) Tuesday,October 30,2012 Page 2 of 4 i Aug 11 Mountain View dispatch received a report of a bicycle accident. A District ranger was first on scene and Rangers: 2 provided emergency care. The anent stated that her hand had slipped off of the handlebars when she AR 12S184 p 9 Y P PP grabbed the brake lever,which propelled her over the handlebars. The patient sustained an injury to her left shoulder and road rash to her right arm and left torso. She was treated by District rangers and Fire at the scene,then transported by ambulance to the hospital. Preserve Monte Bello Location Canyon Trail Aug 12 A District ranger observed three minors in possession of alcohol in the preserve. He stopped the three Rangers: 2 IR 12F241 and cited them for the violation. One of the subjects gave a false name that came back to someone Police: 1 roughly the same age in San Jose. The minor signed the citation and provided a thumbprint on the back,although the identification information on the citation was false. Later,when the citing Ranger discovered that the person could not be the one listed, he investigated using Google Search. Mountain View High School,where all three persons were recent graduates assisted, as well as the Mountain View Police Department. The Ranger went,with a Mountain View Police Officer to the suspects house and cited him for impersonation, and as a minor in possession of alcohol. As a result of the investigation the innocent person listed on the citation was spared from prosecution. Preserve Rancho San Antonio Location Mora-Ravensbury Trail Aug 12 A District ranger copied radio traffic and responded to the site of a motorcycle accident on Highway 9. Rangers: 1 The rider lost control and went over the side of the highway where he slid approximately 150 feet down AR 12S186 Police: 3 into the preserve. Fire and medics arrived on-scene and requested the ranger assist in setting up a Z- i h patient h highway. The patient was transported to the hospital b ulle system to bring e ate t back u to e P Y Y 9 P PP P P Y helicopter. Preserve Saratoga Gap Location Hwy. 9 Aug 12 A hiker in the preserve began to experience difficulty breathing,tingling, and light-headedness. A Rangers: 2 AR 12F242 District Ranger responded and transported the patient to Santa Clara County Fire medics.They evaluated the patient and released her after concluding the person had overexerted herself as a result of not eating enough food. 9 Preserve Rancho San Antonio Location Coyote Trail Aug 13 A District ranger observed two men sitting on a bench well after closing hours. A bag of marijuana was Rangers: 1 IR 125187 on the bench between the two individuals. They were cited for after hours and given a verbal warning for possession of marijuana. Preserve Windy Hill Location Anniversary Trail Aug 15 A District ranger was flagged down by a citizen and advised that approximately 15 domestic rabbits were Rangers: 2 IR 12S189 P dum ed inside the Preserve. The Portola Valley community put out traps and by the time of the incident report,eight rabbits had been caught. P 9 9 Preserve Windy Hill Location Off Alpine Rd.south of Razorback Trail along creek Aug 19 A District ranger copied radio traffic of a bicycle accident in the preserve. When he arrived on-scene, Rangers: 2 AR 125193 the rider was sitting up favoring his left hip. The bicyclist stated he went over the side of the trail after trying to negotiate large roots and was unable to unclip from the peddles in time. The District ranger provided emergency care,assisted Fire in carrying the patient on a back board out to the road side. The patient was transported by ground ambulance to the hospital. Preserve Saratoga Gap Location Saratoga Gap Trail Aug 20 District rangers and Santa Clara County Fire responded to a mountain bicycle accident on the trail in the Rangers: 1 AR 12F247 Preserve. The person had fallen and hit his head,suffering a mild concussion. The person was taken by ambulance to the hospital. Preserve Sierra Azul Location Kennedy Trail i Aug 20 Two users of the model airplane area in the preserve became involved in a verbal altercation. A Rangers: 1 IR 12F246 helicopter flyer and an airplane flyer accused each other of harassment. Over the next several days,the helicopter flyer returned to the airplane lot and continued to harass airplane flyers. On the third instance,the Area Superintendant spoke with the person and there have been no further incidents. Preserve Rancho San Antonio County Park Location Airplane Parking Lot Aug 22 Santa Clara County Sheriffs served a search warrant on a private residence adjacent to the Preserve. Rangers: 1 IR 12F251 The warrant was obtained for marijuana cultivation and the District was notified as some of the Police: 2 cultivation was believed to be on District land. District supervisors will check the area once it is secure for future restoration needs. Preserve Siena Azul Location Twin Creeks area Tuesday,October 30,2012 Page 3 of 4 Aug 25 A District ranger was first on-scene on a report of an equestrian being stung multiple times by bees. The Rangers: 5 AR 125198 equestrian had continued his ride for approximately two hours after the incident,but began feeling dizzy and having difficulty breathing. He dismounted and asked a companion to go for help. The District ranger administered oxygen and monitored his vital signs. San Mateo County Fire arrived and took over patient care. The patient was taken by ambulance to a local hospital. Preserve Long Ridge Location Aug 25 A person entering the Preserve on foot around closing time was approached by a District ranger.The Rangers: 4 IR 12F256 person yelled something about Satan and ran from the ranger. The ranger recognized that the person Police: 5 was likely having a psychiatric emergency and requested Santa Clara County Sheriffs Deputies and Santa Clara County Fire to respond. The person ran into the creek area near one of the parking lots, continuing to shout. Rangers, Deputies, and Fire were able to access the very thick brush and poison oak, handcuff and carry the person to an ambulance where she was taken for psychiatric evaluation. Preserve Rancho San Antonio County Park Location Service road near front gate Aug 25 A person hiking on the upper trail in the preserve suffered an ankle injury. A District ranger on Rangers: 3 AR 12F252 motorcycle patrol was the first to reach the person and was able to provide ice packs and update incoming medics. Another ranger transported medics up the trail to the person's location. After medics splinted the ankle on site,the ranger transported the person back down to the parking lot where he was released to a friend for transportation to urgent care. Preserve Rancho San Antonio Location PG&E Trail Aug 25 A bicyclist at the Preserve suffered a chest injury and lost consciousness. Three Santa Clara County Rangers: 2 AR 12F253 park rangers responded and transported Santa Clara County Fire to the patient. They then transported the patient down to the roadway from where the patient was taken to hospital. District rangers responded and took information from the County rangers as well as other witnesses,and took the victim's bike to the fire station for safe keeping. Preserve 'St.Joseph's Hill Location Novitiate Trail Aug 27 While investigating a vehicle parked at the entrance to the ranch in the preserve, District rangers Rangers: 4 IR 12F259 discovered that copper pipes had been stolen from one of the vacant buildings on the property. Several Police: 2 tools were recovered and booked into evidence. The owner of the vehicle stated that he had loaned his vehicle to a friend. Santa Clara County Sheriff deputies also responded to search the vacant houses on the property but did not locate any suspects. The driver of the vehicle walked up the public road as the vehicle was being towed. The person was contacted and his information was taken as a possible involved party in the burglary. Preserve Sierra Azul Location Hicks Creek Ranch Aug 29 A District ranger contacted two visitors with a paintball gun inside the preserve. They admitted shooting Rangers: 2 IR 125202 District signs. Because there was a new baby with the couple, a San Mateo County Sheriff deputy was Police: 1 requested. Neither person had a driver's license. The male was cited for weapons prohibited. The Deputy stayed with the couple until acquaintances arrived to drive them home. Preserve Windy Hill Location Skyline Blvd. Picnic Area DATE VANDALISM DETAIL Aug 07 Found and removed a new white tagging on"Enter by Permit Only"sign. VL Preserve Bear Creek Redwoods Location BC04 Aug 17 A District ranger found the signboard at the trail head vandalized. The plexiglass had been pulled out and was stolen. VL Preserve Purisima Creek Redwoods Location Redwood Trail parking area Tuesday,October 30,2012 Page 4 of 4 TO: General Manager FROM: Gordon Baillie Monthly Field Activity Summary Report Between 91112012 And 9/30/2012 CITE WARNING JCR KNOWN TOTALS TOTALS DISTRICT VIOLATIONS VIOLATIONS ENFORCEMENT 169 Bicycle Citations&JCRs Issued 45 Bicycle after hours 2 0 0 0 2 Closed area-bicycle 4 1 0 0 5 Parking Citations Issued 47 Helmet required uired 0 1 0 0 1 All Written Warnings Issued 72 P q Helmet required 6 5 0 0 11 Police Assistance 5 Trail use speed limit 4 5 0 0 9 Closed Area I r Enter sensitive/hazardous closed area 3 1 0 1 5 LAW ENFORCEMENT 42 Enter temporary/regular closed area 5 2 0 0 7 Law Enforcement 42 Dog Dog in prohibited area 4 6 0 0 10 ACCIDENTS/INCIDENTS 15 Leash required-Dog 14 8 0 0 22 Fire Incident 3 i Other Lost Person Search 1 After hours 5 34 0 0 39 Damaging/removing geological features 0 1 0 0 1 Medical-Bicycle Accident 3 Vehicles prohibited 2 0 0 0 2 Medical-Hiking/Running Accident 3 Permit Medical-Other First Aid 2 Outdoor fire without permit 0 1 0 0 1 Vehicle Accident 3 DISTRICT TOTAL 49 65 0 1 115 CITE WARNING JCR KNOWN TOTALS NON DISTRICT VIOLATIONS VIOLATIONS MUTUAL AID 3 Other Animal Incident 1 Littering 0 1 0 0 1 Fire Incident 1 Trespass 0 3 0 0 3 - - - - Medical-Motorcycle Accident 1 NON DISTRICT TOTAL 0 4 0 0 4 GRAND TOTAL 49 69 0 1 119 *JCR Juvenile Contact Report Tuesday,October 30,2012 Page 1 of! PARKING VIOLATIONS CITE WARNING TOTALS DISTRICT 43 4 47 Disabled Parking: Permit Required unpa 0 1 1 Prohibited Areas(Signed) 5 0 5 Prohibited Areas(Red curb) 2 0 2 Prohibited Areas(Nondesignated area) 1 0 1 Prohibited Areas(Blocking traffic) 2 1 3 Prohibited Areas(Blocking gate) 2 1 3 Prohibited Areas(After hours) 31 0 31 Take up more than one marked parking s 0 1 1 PARKING VIOLATIONS CITE WARNING TOTALS NON DISTRICT 4 1 5 No parking 3 1 4 Parking in violation of sign Use for violati 1 0 1 47 5 52 DATE OCCURRENCES OF SPECIAL INTEREST Sep 03 A bicyclist on the trail in the preserve fell and sustained minor injuries. He requested assistance getting Rangers: 2 AR 12F269 out of the preserve, but initially-d-e--c-li-ned-medical attention. He was evaluated by District rangers and Santa Clara County Fire and was transported to the hospital by ambulance. Preserve Fremont Older Location Toyon Trail Sep 03 A runner on the trail in the Preserve suffered a sprained ankle. He was transported by a District Ranger Rangers: 1 AR 12F265 to the parking lot where he declined any further assistance and drove himself to the hospital. Preserve Rancho San Antonio Location High Meadow Trail Sep 03 A District ranger was informed by a bicyclist that a car had run up an embankment on Charcoal Road. Rangers: 1 IR 12S206 The ranger located the scene but no vehicle. As he was leaving the area,a pickup truck drove up behind him. The ranger stopped and contacted the driver,who admitted he had an accident at the location. Both airbags had deployed and there was some damage to the front end. Preserve Saratoga Gap Location Charcoal Road Sep 08 A hiker on the trail tripped on a root and fell hitting her head on the ground. District rangers and Santa Rangers: 2 AR 12F272 Clara County Fire responded. The hiker was transported to the hospital by ambulance with a minor head injury. Preserve Rancho San Antonio Location Farm Bypass Trail Sep 09 A non-injury vehicle accident occurred when two vehicles collided while one was exiting the upper lot Rangers: 2 AR 12F275 and the other was outbound on the entrance road. Rangers responded and performed traffic control on the road until the vehicles were moved. Preserve Rancho San Antonio County Park Location Upper Parking Lot Tuesday,October 30,2012 Page 2 of 4 Sep 09 A District ranger on patrol in the Preserve observed two men smoking and drinking what was later Rangers: 4 IR 125210 determined to be whiskey. The ranger watched as the men walked into a stand of oak trees. Police: 5 Approaching the area,the ranger heard voices coming from some coyote brush, he identified himself and told the men to come out of the bushes. They came out and the ranger again identified himself and told the men they were not free to leave. One man complied and provided identification,while the other man became hostile and belligerent and proceeded to walk away. He was again told not to leave but kept on leaving. Palo Alto PD was requested. After rangers followed the subject for about 15 minutes the man calmed down and then became angry again. Palo Alto Police arrested the man for resisting a peace officer. The other man was released without further action. Preserve Monte Bello Location Montebello Road Sep 16 Two subjects riding motorcycles on the Kennedy Trail were stopped by a District ranger and cited for Rangers: 1 IR 12F279 motor vehicles prohibited. Preserve Sierra Azul Location Kennedy Trail Sep 18 A District ranger on patrol observed a couple with two dogs on the trail;one of the dogs was off leash. Rangers: 4 IR 125218 When contacted by the ranger the male with the off-leash dog became angry and denied that his dog was off leash. Rangers responded where the man left the scene against orders from the ranger and proceeded up Old La Honda Rd. A ranger followed the suspect in her patrol truck up Old La Honda Road but lost sight of him when he turned around and re-entered the Preserve. District rangers attempted to locate him but were unable to do so. Preserve Thomewood Location Bridle Trail Sep 19 District rangers received a report of a woman having difficulty walking in the preserve. Rangers arrived Rangers: 4 AR 12F284 and found a woman who was intoxicated and had fallen several times. She was walking with assistance from her boyfriend. She was evaluated by Santa Clara County Fire and released to her boyfriend. Preserve Fremont Older Location Cora Older Trail Sep 22 A District ranger copied radio traffic reporting a medical aid in the preserve. Two women were hiking up Rangers: 2 AR 125221 the trail when the patient stated to her companion that she was feeling dizzy. She laid down and took some water,which made her feel better. San Mateo County Fire was notified and responded to the scene. The patient was transported to a local hospital for further evaluation. A District ranger � transported her companions to their vehicle in the lower Windy Hill parking lot. , I Preserve Windy Hill Location Spring Ridge Trail j Sep 22 A District OST reported that a visitor to the preserve told him of an injured bicyclist on the Ridge Trail. A Rangers: 4 AR 125222 District ranger responded to the scene and found the victim laying on the ground with his head propped Police: 1 u on his water supply container. The patient stated he did not think he had lost consciousness and that P Pp Y he had been wearing a helmet at the time of the accident. The ranger found the helmet which was compressed with the foam underneath broken. The victim complained of pain in his upper middle back. P P P P The Rangers provided patient assessments and administered oxygen and maintained C-spine precautions for possible neck injury. The Rangers also assisted with the back boarding the victim out to the road. He was transported by ambulance to a local hospital. Preserve Russian Ridge Location Ridge Trail Sep 22 A District ranger at Skyline Field Office copied radio traffic of a request for medical aid in the preserve. Rangers: 4 AR 125223 A District ranger from the Foothills Field Office was first on-scene with Skyline Area rangers arriving two minutes later. The bicyclist was apparently travelling too fast for conditions, lost control,and crashed his bike. The bicyclist stated that he had not lost consciousness and was wearing a helmet. He suffered a laceration on his left knee and a large abrasion on his left forearm. District rangers provided first aid. Palo Alto Fire arrived and took over medical care. The patient's father was on-scene and refused transport by ambulance for the patient. He said he would transport his son for further medical care. A District ranger provided transportation for the patient,the patient's father,and a witness to their cars on I'll Page Mill Rd. Preserve Monte Bello Location Canyon Trail Sep 23 The driver of a vehicle on the entrance road of the preserve drove off the road and was stuck on the Rangers: 1 AR 12F287 curb. The driver stated that they were looking for a parking space rather than the road ahead of them. A tow truck responded to remove the vehicle. Preserve Rancho San Antonio County Park Location RSACP entrance road Tuesd ffy,October 30,2012 Page 3 of 4 Sep 25 A District OST saw remnants of a fire on Page Mill Rd.near Monte Bello Rd. A stolen vehicle was set on Rangers: 1 IR 12S226 fire,which was spreading about 40 feet into the Los Trancos OSP. Cal Fire extinguished the fire and cut a two foot line around the burned area to prevent further spread. The understory of two oak trees inside the preserve boundary were also scorched. The total area of the preserve burned was less than 100 square feet. Preserve Los Trancos Location Page Mill Road ------------------- ------- Sep 27 A District ranger running radar on the trail saw three bicyclists exceeding the posted speed limit. Two Rangers: 1 IR 125228 were given written warnings and one a verbal warning. Later a preserve neighbor reported seeing the same three bicyclist near the Stegner bench warning other bicyclists of the ranger's location. Preserve Long Ridge Location Long Ridge Trail Sep 29 While following up on a dispatched 911 call of an unconscious woman that had been cancelled while Rangers: 3 AR 125231 units were in route,a District ranger observed a couple walking out of the tunnel near the Daniel's Nature Center. The male was holding up a female with his arm around her waist. During the contact the woman collapsed. The ranger retrieved his medical bag from the patrol truck and administered emergency oxygen. Cal Fire was requested. The victim lost and regained consciousness several times while the ranger obtained vital signs and other patient information. A second ranger arrived and assisted with patient care,while the Area Superintendent prepared for a possible helicopter landing zone. Patient care was turned over to Cal Fire. The patient was transported to a hospital by ground ambulance. Preserve Russian Ridge Location Tunnel to parking lot Sep 30 A vegetation fire occurred in the preserve.Approximately 1/4 acre of vegetation burned. District rangers Rangers: 4 IR 12F294 responded and assisted CAL FIRE with the mop up portion of the fire.The fire began on District property just above the caretaker's residence for the neighboring property. The caretaker was interviewed and admitted that he and others were shooting firearms onto District property. Bullet holes were located in trees in the fire area.The conditions were very hot and dry that day, and the fire may have been much larger if it had started on the uphill side of the road, rather than the downhill side. CAL FIRE and Ben li Lomond Fire Crew are continuing the investigation and will follow up with a report on the incident. Preserve Sierra Azul Location Twin Creeks area DATE VANDALISM DETAIL Sep 22 Tagging between SA06 and SA07. VL Preserve Sierra Azul Location Mt. Umunhum Road,guard-rail Sep 29 The map box was bent up at a steep angle. The box is mounted by two straps which were bent. VL Preserve Skyline Ridge Location Circle lot map box/signboard Tuesday,October 30,2012 Page 4 of 4