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*********************** ***** MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 05-27
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday, December 14 2005
330 Distel Circle, Los Altos,California
AGENDA*
Please Note: 6:30 p.m. Closed Session Special Meeting Start Time
7:30 p.m. Regular Meeting Start Time
6:30 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT—CLOSED SESSION
The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will adjourn
the Special Meeting Closed Session to the Regular Meeting, and,at the conclusion of the Regular Meeting,
the Board may reconvene the Special Meeting Closed Session.
1. Conference with Legal Counsel—Potential Litigation,California Government Code § 54956.9(b): one
case
2. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a)
Name of Case—Citizens for Responsible Open Space v. San Mateo County LAFCo,Midpeninsula
Regional Open Space District, San Mateo County Superior Court Case No. CIV442954
7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
ROLL CALL
REPORT ON RETURN FROM CLOSED SESSION (The Board shall publicly report any action taken in Closed
Session pursuant to Government Code Section 54957.1(a).)
ORAL COMMUNICATIONS—Public
ADOPTION OF AGENDA—L. Hassett
ADOPTION OF CONSENT CALENDAR—L. Hassett
*** APPROVAL OF MINUTES—October 12,2005, October 26,2005
*** APPROVAL OF WRITTEN COMMUNICATIONS
BOARD BUSINESS
7:40* 1 Adoption of Resolution Approving the Purchase of the Hall Property as an Addition to Monte Bello
and Saratoga Gap Open Space Preserves(Santa Clara County Assessor's Parcel Number 351-16-
014)and Amend the Preliminary Use and Management Plan for the Former Thompson Property
Naming a Portion of the Property as an Addition to Monte Bello Open Space Preserve(Santa Clara
County Assessor's Parcel Number 351-16-023); Determine Recommended Actions are
Categorically Exempt from CEQA; Dedicate Property as Public Open Space—M. Williams
7:50* 2 Authorization for General Manager to Enter into a Professional Services Agreement Not to Exceed
$21,675 with Environmental Science Associates to Conduct a Phase I Comparative Analysis of
Other Land Management Agencies Management Programs and Evaluate District's Resource
i
Meeting 05-27 Page 2
Management Program—C. Britton
8:00* 3 Progress Report and Further Recommendations Regarding Management of Sudden Oak Death and
Slender False Brome on and near District Preserves; Direct General Manager to Implement Work
Plan; Determine that recommended action is categorically exempt from CEQA—J. Maciel
9:00* 4 Adoption of Resolution Approving the Mid-
Year Amendments to 2005-2006 Fiscal Year Budget in �
Accordance with Administration and Budget Committee Recommendation;Accept District
Controller's Mid-Year Financial Report; Approve New Ranger Position,New Resource
Management Coordinator Position; GIS Intern and Increasing Accounting Clerk Position's to Full
Time—S. Thielfoldt
*** 5 Adoption of Revised Resolution Approving Application to Habitat Conservation Fund Program for
Funding Assistance with the Addition of the Peninsula Open Space Trust(Lobitos Creek/Irish
Ridge) Property to Purisima Creek Redwoods Open Space Preserve(San Mateo County Assessor's
Parcel Number 066-240-020)—D. Woods
*** 6 Acceptance of Annual Report to Shareholders of the Guadalupe Land Co.; Renewal of License and
Management Agreement between Guadalupe Land Co. and MROSD for the Guadalupe Land Co.
Property Adjacent to the Mt. Umunhum Area of Sierra Azul Open Space Preserve(Santa Clara
County Assessor's Parcel Numbers 575-I 1-004 575-12-001 and 575-12-013)• Determine that the
Recommended Actions are Categorically Exempt from CEQA—M. Williams
*** 7 Authorize Additional Legal Fees in the Matter of Citizens for Responsible Open Space v. LAFCO,
et al., for the Law Firm of Shute,Mihaly& Weinberger in Amount Not to Exceed$50,000;
Authorize Additional Legal Fees in the Matters of Fogarty v. MROSD and MROSD v. Fogarty for
the Law Firm of Miller, Starr&Regalia in an Amount Not to Exceed $35,000 Contingent Upon
Approval of the Mid-Year Admendments—S. Schectman
*** REVISED CLAIMS
9:35* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent 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.
CLOSED SESSION CONTINUED(If Necessary)
REPORT ON RETURN FROM RECONVENED CLOSED SESSION(if necessary) —California Government
Code Section 54957.1(a).
9:45* ADJOURNMENT
* TIMES ARE ESTIMATED AND ITEMS MAY APPEAR EARLIER OR LATER THAN LISTED. AGENDA IS SUBJECT TO
CHANGE OF ORDER.
** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered
by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each
speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written
communication, which the Board appreciates.
*** 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.
I
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 9, 2005
Subject: Notice of the District Board of Directors' Public Meeting to Consider
Midpeninsula Regional Open Space District's Proposed Purchases of
Peninsula Open Space Trust (POST) Rapley Ranch and Portola Lookout
Properties
To Neighbors, Interested Government Officials, Agencies, and Government-Sponsored
Organizations:
Midpeninsula Regional Open Space District is proposing to purchase the 151-acre Rapley Ranch
property, located adjacent to the Russian Ridge Open Space ace Preserve, and the 50-acre POST
p g p
Portola Lookout property, located adjacent to Long Ridge Open Space Preserve. As part of the
District's planning process, you are invited to attend a public meeting where the Board of
Directors will be considering these two proposed land purchases.
Please note that on May 17, 2005, the District's Real Property Committee held a meeting at the
POST(Rapley Ranch)property to discuss the proposed land purchase with neighbors and
interested representatives from public agencies and organizations. A similar committee meeting
was held at the POST(Portola Lookout)property on November 16, 2005
The District's Board of Directors will now consider the purchase of both of these properties at a
special meeting to be held on December 20, 2005 at 21150 Skyline Boulevard, located at Skyline
Ridge Open Space Preserve (see attached map and directions). This meeting will start at 7:00
PM.
Sincerely,
Michael Williams
Real Property Manager
DIRECTIONS
From 1-280 in Palo Alto, take the Page Mill Road exit and drive southwest up Page Mill Road(toward the mountains and
coast). It will take about 25 minutes to reach the top of this narrow, winding road. When you reach Skyline Boulevard
(there is a stop sign),to go to
I) Russian Ridge parking lot, Russian Ridge Open Space Preserve
Continue across the intersection. The lot is immediately on the right.
2) Daniels Nature Center, Skyline Ridge Open Space Preserve
The tunnel under Alpine Road from the Russian Ridge parking lot leads to the Daniels Nature Center on the
shore of Alpine Pond..
3) Skyline Area Field Office,21150 Skyline Blvd.
At the intersection of Page Mill and Skyline Blvd., from Page Mill Road,turn left(south) on Skyline. The
first driveway on your right(west) leads you to the field office. The driveway is approximately 150 feet southeast of
the intersection.
4) Skyline Ridge parking lot, Skyline Ridge Open Space Preserve
At the intersection of Page Mill and Skyline Blvd., from Page Mill Road,turn left(south)on Skyline. Go one mile.
The lot is on your right. After turning into the lot you may turn right(closest to the restrooms)or to the
left(equestrian parking lot). The lot closest to Horseshoe Lake is handicapped parking only.
1.2 and N
Palo o
(9 mile , ' E
s
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/jam ,pp
35
Nature Skyline
enter
Field Office p 35
k?
dos
0 300 600 900 F et rie s "
Li
Regional onal Open S,4ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 15, 2005
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Re: Availability of Report entitled Initial Findings of Creek Sedimentation and
Continuing Monitoring, El Corte de Madera Creek Open Space Preserve,
San Mateo County, California
Dear Mr. Zatkin:
Midpeninsula Regional Open Space District staff anticipates that the Initial Findings of
Creek Sedimentation and Continuing Monitoring, El Corte de Madera Creek Open Space
Preserve, San Mateo County, California report prepared by Balance Hydrologics, Inc.
will be received by the end of December 2005. This report will be available to the public
at that time and will be posted on the District's website.
Should you wish to obtain a copy of the report, please contact Kirk Lenington, Resource
Planner, at(650) 691-1200. Copies of public documents can be provided at a cost of
$0.10 per page.
Sincerely,
Larry Hassett, President
Midpeninsula Regional Open Space District
cc: Board of Directors, Midpeninsula Regional Open Space District
L. Craig Britton, General Manager
33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C Nitz L.Craiq Britton
From:administrator 650-299-1122 To:Fax#691-0485 Date:11/25/2005 Time:1:48:28 PM Page I of 1
Robert Zatkin
PO Box 620657 •Woodside, CA 94062
(650) 299-1122 • rszatkin(ffi-sbcqlobal.ne
VIA FACSIMILE
November 25, 2005 RECEIVED
Board of Directors
MidPeninsula Regional Open Space District NOV 2 8 W
330 Distel Circle
Los Altos, California 94022-1404
MOPENINSULA REGION&
SPACE DISMCT
Members of the Board:
I was informed some time ago by District staff that a first report produced by Balance
Hydrologics, Inc. for the District concerning sediment transport in the El Corte de
Madera Creek Open Space Preserve' had been delivered to the District as an
Administrative Draft. Furthermore staff informed me that the report would be available to
the public by the end of November 2005. As of today I have not heard from staff
concerning the availability of the report to the public.
At your earliest convenience please transmit a letter to me stating the date the subject
report will be available to the public.
Thank you.
Sincerely,
I-J
Robert Zatkin
'Agreement for Professional Services dated August 26, 2004.
Regional Open SlAce
-----------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 15, 2005
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Re: Costs Related to Sediment Reduction Efforts at El Corte de Madera Creek
Open Space Preserve
Dear Mr. Zatkin:
The District received your letter dated November 29, 2005, requesting detailed financial
information associated with our efforts to reduce sedimentation and curb illegal mountain
bicycling use at El Corte de Madera Creek Open Space Preserve. As you know, the District
takes these issues very seriously and is in the process of implementing the comprehensive El
Corte de Madera Creek Watershed Protection Program. This multi-year effort is designed
specifically to reduce the potential for sedimentation into the watershed through road and trail
design upgrades and enhanced management and maintenance practices. The program also
includes monitoring, closure, and restoration of former logging roads and skid trails that show
signs of illegal off-trail use by mountain bicyclists. The cost of this three-to-five year effort is
anticipated to range between $750,000 and $1,000,0000.
The District has not tracked the individual costs associated with this project in the format and
time increments that you have requested and therefore there is no corresponding list we can
provide you. Rather, staff time has been spent in implementing the program. Approximate
costs-to-date for consultants, contractors, and project-related materials are broken down as
follows:
Category Amount M
Environmental review and preparation of the Negative Declaration 12,000
Planning, design, engineering, and permitting fees 91,000
Contractor fees, equipment rentals, and erosion control materials 200,000
In-stream monitoring (Balance Hydrologics) 37,000
Illegal trails closure and restoration(CA Conservation Corps) 30,000
Interpretive Signage 9,000
Total 379,000
33o Distel Circle 650-69r1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C Nitz L.Craig Britton
I
Mr. Robert Zatkin
December 15,2005
Page Two
The first two years of planning and implementation are complete. The next phase of the program
includes construction of four new trail bridges in addition to a number of major trail
improvements. Costs are expected to exceed $300,000. These costs do not reflect the many
hours of staff time that have been and will continue to be devoted to the program.
If you would like more specific information, or if you wish to research project costs incurred for
the Watershed Protection Program, or to review District files concerning the Watershed
Protection Program, please feel free to contact our District Clerk, Sally Thielfoldt, in order to
schedule an appointment to review the relevant files. Thank you for your ongoing interest in the
health of the watersheds that are under the District's stewardship.
Sincerely,
Larry Hassett, President,
Midpeninsula Regional Open Space District
cc: Board of Directors, Midpeninsula Regional Open Space District
L. Craig Britton, General Manager
Robert Zatkin
PO Box 620657*Woodside, CA 94062
(650) 299-1122 * rszatkinO-sbcglobal.net
VIA FACSIMILE
RECEIVED
November 29, 2005
MW 21M
Board of Directors
MidPeninsula Regional Open Space District MWENINSULA REGION&0"
330 Distel Circle SPACE DISMCT
Los Altos, California 94022-1404
Members of the Board:
I am interested in knowing the financial cost (hereafter cost) to the District for its efforts
to: 1) control the illegal use of mountain bikes, and 2) attempts to remedy the sediment
transport problem in the El Corte de Madera Creek Open Space Preserve (hereafter
Preserve). Please transmit to me via U.S. Postal Service a listing of the cost for the
aforementioned efforts in the Preserve beginning on January 1, 1990 through the
present delineated by six-month increments of time. I am requesting all inclusive GOStS
and not being privy to the internal machinations of the District there are likely types of
expenditures that I am not aware of. As such, in your response to this request please
include, but do not limit your response to, the following types of expenditure
1. The number of hours and total hourly cost by job type for District staff to:
A. Internal machinations individual and team collaboration, document
and graphic preparation and etc.
B. Planning and execution of meetings, public, Board, internal and
closed Board sessions and etc.
C. Meetings and telephone discussion with consultants and regulatory
agency staff including office and field meetings.
2. The number of hours and total hourly cost by job type for in-field enforcement
including efforts to discover illegal trails, patrol trails, levy citations, provide public
information about issues in the Preserve and etcetera.
3. The amounts of money, by project and task type, expended in efforts to define
the sediment transport problem in the Preserve. Costs include costs for in-field
meetings with consultants, field staff, consultants, and regulatory agencies and
etcetera.
4. The amounts of money by remedy type for efforts in-field to control sediment
transport in the Preserve. Remedy includes office time in determination of extent
of problem, consultation with prospective and selected consultants, regulatory
agencies, training of District staff, equipment purchases and etcetera. In-field
consultation with prospective and selected consultants
._.._. ... ...�...�.,.... .:..:a. ..,.t.,,t..r,:Y rage a o7 2
in determining extent and types of remedy. Specific remedy by type and type
cost including planing and in-field execution of specific remedy types.
Thank you for your attention to this request.
Sincerely,
2
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 05-23
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
October 12, 2005
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Larry Hassett called the meeting to order at 6:32 p.m.
Members Present: Mary Davey, Nonette Hanko, Deane Little, Pete Siemens,
and Larry Hassett.
Members Absent: Jed Cyr, Ken Nitz
Staff Present: Craig Britton, Duncan Simmons, Mike Williams
II. CLOSED SESSION
L. Hassett stated that the Board would adjourn to Closed Session to discuss
Closed Session Agenda Items 1, 2 and 3.
The Board recessed to Closed Session at 6:32 p.m. and the Closed Session
commenced at 6:32 p.m. The Board concluded the Closed Session at 6:59 p.m.
REGULAR MEETING
III. L. Hassett called the Regular Meeting to order at 7:30 p.m. He announced that
the Board had discussed Closed Session Agenda Items 1, 2 and 3 in Closed
Session and that no reportable actions had taken place.
Additional Staff Present: John Maciel, Sally Thielfoldt, Rudy Jurgensen
Also Present: Carol Joyce, Ombudsperson
IV. ORAL COMMUNICATIONS — There were none at this time. [See later in
meeting.]
Meeting 05-23 Page 2
V. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. P. Siemens
seconded and the motion passed 5 to 0.
VI. ADOPTION OF CONSENT CALENDAR
Motion: M. Davey moved that the Board adopt the Consent Calendar,
including minutes of the September 14, 2005 Special and Regular
Meetings; Agenda Item 4, Adoption of Preliminary Use an
Management Plan Recommendations for Addition of the POST
One-Half Interest in the Former Hunt Property as an Addition to
Bear Creek Redwoods Open Space Preserve (Santa Clara County
Assessor's Parcel Number 544-35-009); Determine that the
Recommended Actions are Cate aorically Exempt from the
California Environmental Quality Act (CEQA); Withhold the
Property as Public Open Space and Revised Claims 05-18. P.
Siemens seconded the motion. The motion passed 5 to 0.
VII. BOARD BUSINESS
A. Agenda Item No. 1 —Authorization of President of the Board of Directors
to Execute the First Amendment to the District Ombudsperson Volunteer
Agreement with Carol Joyce, Extending the Agreement's Term for One
Year—(Report R-106).
S. Thielfoldt introduced the item and stated that C. Joyce was at the
meeting to present the quarterly report.
C. Joyce presented her Quarterly Report to the Board and observed that
the use of email has been more of a challenge than she thought it would
be.
Motion: M. Davey moved that the Board authorize the President of
the Board of Directors to execute the First Amendment to
the District Ombudsperson Volunteer Agreement with
Carol Joyce, extending the Agreement's term for one year;
and accept the Quarterly Ombudsperson Report. P.
Siemens seconded the motion.
Discussion: C. Britton commented that it had been a pleasure working
with C. Joyce and he was pleased that she would be
working with the District for another year. He said he
thought the process was working very well. L. Hassett
echoed those sentiments and said he appreciated the time
and effort C. Joyce had put into the job. N. Hanko said that
Meeting 05-23 Page 3
perhaps the upcoming Good Neighbor Policy workshops
would generate more activity for the ombudsperson.
Vote: The motion passed 5 to 0.
B. Agenda Item No. 2 - Authorization of General Manager to Enter Into
Contract for Herbicide Spraying on District Lands with Go Native Nursery
LLC for Fiscal Year 2005-2006 for an Amount Not to Exceed $46,000,
with the Option to Extend the Contract to Fiscal Years 2006.-2007 and
2007-2008; Determine Recommended Actions are Categorically Exempt
From CEQA—(Report R-05-8 1.
J. Maciel presented staff's recommendations. When asked about whether
District staff could conduct spraying on land adjacent to the District, he
informed the Board that they would prefer to have that done by a
contractor, rather than by District staff. The agreement under discussion
would have to be amended, or a new one brought to the Board. He said
the list of targeted plants was included in the staff report. N. Hanko said
she hoped they could avoid spraying the lilies. J. Maciel said that they
normally do not spray areas near trails. The spraying will be very
controlled. He said he would let C. Roessler know that there is some star
thistle at Bear Creek.
J. Maciel explained the difference between the base bid and the not-to-
exceed amount.
D. Little asked why they had not included Italian thistle on the list and if
the current plan included additional costs for spraying of Slender False
Brome at Thornewood. J. Maciel said it would include additional
spraying, but not SF13 because of the timing.
Motion: N. Hanko moved that the Board determine that the
recommended actions are categorically exempt from the
California Environmental Quality Act (CEQA) based on
the finding contained in the staff report; and authorize the
General Manager to enter into a contract for herbicide
spraying with Go Native Nursery LLC for fiscal year 2005-
2006 for an amount not to exceed $46,000, with the option
to extend the contract to fiscal years 2006-2007 and 2007-
2008 subject to further Board approval. D. Little seconded
the motion. The motion passed 5 to 0.
C. Agenda Item No. 3 - Authorization of General Manager to Execute
Agreement Between Midpeninsula Regional Open Space District and
South Skyline Emergency Preparedness Organization for the Purpose o
Providing for the Placement. Access and Use of an Emergency
Meeting 05-23 Page 4
Preparedness Storage Container to be Located at Skyline Field Office —
(Report R-05-102).
J. Maciel presented the staff report. P. Siemens commented that it is a
great idea to cooperate with the neiahbors. L. Hassett said he thought this
would go a long way in the Good Neighbor Policy effort. He said the
District must become a part of the community. N. Hanko wondered if this
opened possibilities of other containers in other parts of the District. J.
Maciel said they should consider those on a case-by-case basis. He added
that they do work with the Kings Mountain residents.
Motion: M. Davey moved that the Board authorize the General
Manager to execute the Agreement between Midpeninsula
Regional Open Space District and South Skyline
Emergency Preparedness Organization for the purpose of
providing for the placement of, access to and use of an
Emergency Preparedness Storage Container to be located at
the District's Skyline Field Office. P. Siemens seconded
the motion. The motion passed 5 to 0.
Motion: M. Davey moved that the Board return the meeting to the
Oral Communications portion. N. Hanko seconded the
motion. The motion passed 5 to 0.
VIII. ORAL COMMUNICATIONS
Rick Parfitt, Los Gatos, representing Neighbors Against Irresponsible Logging
(NAIL), spoke to the Board about San Jose Water Company's plan to log
redwoods. He said he would like an opportunity to come back at a later meeting
and present to the Board more information about his group and their grander
vision.
C. Britton said it was very important that citizens speak up for their beliefs and
that they would set a time for him to make a presentation to the Board. The
District is a public agency which minimizes its ability to sway the water company.
He said it was really up to citizen committees and neighbors.
IX. INFORMATIONAL REPORTS
D. Little said he had attended the Committee for Green Foothills event.
L. Hassett: 1. He said the staff recognition event he had attended earlier in the
day was probably the highlight of his presidency. He said he was very impressed
by the presentations made by staff members. 2. He also attended the Committee
for Green Foothills event, and said D. Little's work was incredible. He
congratulated him on winning the Jane Gallagher award.
Meeting 05-23 Page 5
M. Davey: 1. She commented that the Committee for Green Foothills event was
great and had raised a significant amount of money. 2. She had a "bouquet" for
staff. Diane McKenna had called with praise for staff s response to her call about
the restroom at Rancho San Antonio.
N. Hanko: 1. She said she was so intrigued by D. Little's work and noted that his
photos brought in $3,500 at the auction. She also praised his work in Senator
Byron Sher's election and in resource management. 2. LFPAC has come up with
materials that should be presented at the Good Neighbor Policy workshops and
has set the dates for the upcoming workshops. She added that the Committee is
also ready to bring the procedural changes to the full Board. 3. N. Hanko said
that she would be going to the Hearst Castle fundraiser for the State Park
Foundation. They will be recognizing Bill Lane at the event.
C. Britton: 1. The Governor signed SB 203 (1/8 cent sales tax for San Mateo
County on ballot), but he had vetoed SB 635 (vehicle fee for the San Francisco
program of the Coastal Conservancy). 2. He will attend the NRPA meeting in
San Antonio next week. 3. He said he appreciated that L. Hassett and P. Siemens
had attended the recognition event. 4. He and three Board Members attended the
Deer Hollow Farm event. 5. Committee for Green Foothills has a new interim
director, Judith Steiner. 6. He will be meeting with San Mateo County Parks
Director Dave Holland. He said he thought he was interested in collaborative
opportunities.
M. Williams: 1. He talked about the recognition event. He said D. Woods had
come prepared with maps of the District when he started working there and had
received a standing ovation following his presentation. 2. He and M. Freeman
had gone to Half Moon Bay for the San Mateo County Agricultural Advisory
Committee meeting. They made a presentation about Driscoll Ranch and the
Coastal Protection Plan. He said staff would be giving the Real Property
Committee members a tour of Driscoll Ranch.
X. ADJOURNMENT
At 8:22 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
I
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 05-24
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
October 26, 2005
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Larry Hassett called the meeting to order at 7:03 p.m.
Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Deane Little,
Ken Nitz, and Pete Siemens.
Staff Present: Craig Britton, Sue Schectman
11. CLOSED SESSION
L. Hassett stated that the Board would adjourn to Closed Session to discuss Closed
Session Agenda Items I and 2.
The Board recessed to Closed Session at 7:03 p.m. and the Closed Session commenced at
7:05 p.m. The Board concluded the Closed Session at 7:30 p.m.
REGULAR MEETING
111. L. Hassett called the Regular Meeting to order at 7:31 p.m. He announced that the Board
had discussed Closed Session Agenda Items I and 2 in Closed Session and that no
reportable actions had taken place.
Additional Staff Present: Rudy Jurgensen, John Maciel and Cathy Woodbury
IV. ORAL COMMUNICATIONS—There were none at this time.
V. ADOPTION OF AGENDA
Motion: K. Nitz moved that the Board adopt the agenda. J. Cyr seconded and the
motion passed 7 to 0.
Meeting 05-24 Page 2
VI. ADOPTION OF CONSENT CALENDAR
N. Hanko removed Agenda Item 7, Adoption of Resolution Approving Application for a
Grant of $150 000 in Matching Funds from the Bay Area Ridge Trail—Coastal
Conservancy for the Construction of Public Access Improvements at El Corte de Madera
Creek Open Space Preserve; Determine Recommended Action is Exempt from CEQA.
K. Nitz questioned Revised Claim No. 3646. C. Britton explained that was an invoice for
"Historic Resource Evaluation—North House" which is in the Sierra Azul OSP and
which Real Property Committee is considering for demolition. The District hired a
consultant to look into the historic background of the house.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
Agenda Item 6, Adoption of Preliminary Use and Management Plan
Recommendations for Addition of the POST One-Half Interest in the
Former Hunt Property as an Addition to Bear Creek Redwoods Open
Space Preserve (Santa Clara County Assessor's Parcel Number 544-35-
009)• Determine that the Recommended Actions are Categorically Exempt
from the California Environmental Quality Act (CEQA); Withhold the
Property as Public Open Space and Revised Claims 05-19. P. Siemens
seconded the motion. The motion passed 7 to 0.
VII. BOARD BUSINESS
A. Agenda Item No. 1 —Presentation by the Santa Clara County Parks and
Recreation (Report R-05-110).
C. Britton introduced Lisa Killough, Parks Director for Santa Clara County.
L. Killough gave a presentation on the Santa Clara County Parks Department 50`"
Anniversary, Celebrating Our Past, Present and Future. She also talked about all
the joint projects with the District.
The Board thanked her for such an informative presentation.
B. Agenda Item No. 2 - Adoption of Resolution Endorsing the Santa Clara County
Board of Supervisors Resolution to Place the County Parks Charter on the June
2006 Ballot and Endorse Passage of the Measure (Report R-05-113).
C. Britton echoed L. Kiliough's comments on the set aside of the general fund to
fund parks which must go back to the voters prior to 2009. This item is asking for
support of the continuation of the Charter for Parks and encouraging the Santa
Clara County Board of Supervisors to put it on the ballot. He introduced Garnetta
Annable and she gave a presentation on Yes on Parks describing the history of the
Charter. Due to economic downturn, the Charter is once again at threat. The
Charter sets aside approximately $29 million per year and, historically, 80% has
Meeting 05-24 Page 3
been used for maintenance operation and development and 20% for acquisition.
The current proposal is for 80% operation, 5% capital improvements and 15% for
land purchases.
Motion: N. Hanko moved that the Board adopt Resolution No. 05-30,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District to Support Efforts to Draft a Measure for the
2006 Ballot to Increase Sales Tax by One-eighth Cent for Parks
and Open Space. P. Siemens seconded the motion. The motion
passed 7 to 0.
C. Agenda Item No. 3 - Report to the Board on New Directives Regarding Sudden
Oak Death and Slender False Brome (Report R-05-115).
C. Britton explained that this interim report is based on the Board's action from
September 28, 2005 approving the addition of two new projects to the Resource
Management program: Sudden Oak Death and Slender False Brome. There are
two items in Section D of the report that have already taken place: the hiring of a
temporary research intern for investigation of SOD resistant trees and the
coordinating of two GIS interns to develop a mapping program to record SOD
resistant trees. C. Britton also pointed out the list of projects in Section E that will
be postponed in order to accomplish the two new programs. He stated that these
projects would not be completely eliminated, but merely postponed.
J. Cyr asked for clarification on Section E, item 2 of the list of projects postponed.
J. Maciel explained that the next step of the GIS-based invasive plant-tracking
program would have been hiring a consultant to work with Operations and
Planning in expanding new areas of invasive plants.
N. Hanko questioned the timeline of the Resources Management Policy regarding
Grazing and Grasslands. C. Britton stated that this would be postponed for a few
months.
P. Siemens wanted to be sure that the postponement of the projects is due to staff
time, not funding. C. Britton confirmed that money is not the problem.
K. Nitz pointed out that the word "Fully" should be taken out of Section B, item
1. Section A, item 2 should be taken out completely. C. Britton stated that a
more detailed timeline will be presented to the Board at the December 14, 2005
Board meeting. No decisions have been made and will not be made until the
Board reviews this information in December, as previously provided.
N. Hanko inquired about the Board receiving bibliography and website
information on Sudden Oak Death from staff.
Meeting 05-24 Page 4
D. Little believed that the Board and Use and Management Committee assigned
g g
staff the Slender False Brome tasks back in February 2004. C. Britton stated that
the eradication program needs to be stepped up substantially. Staff has found that
SFB is located on much more private property than the staff thought, so it has
become a much bigger project. Staff will have to work more closely with
CalTrans, City of Woodside and San Mateo County Weed Management.
D. Agenda Item No. 4 - Adoption of Proposed Amendments to District's Rules of
Procedure to Clarify the Jurisdiction of Standing Committees and Procedures for
Assigning Agenda Items to Board Standing? Committees (Report R-05-114).
N. Hanko presented LFPAC's report clarifying the jurisdiction of each committee.
S. Schectman brought the Board's attention to the additional language that states
any Board Member may request an item be referred to a Standing Committee but
it should first come to the Board for approval. The Board can assign other tasks
to the appropriate committee. C. Britton pointed out the new name for LFPAC:
Legislative, Funding and Public Affairs Committee which differentiates between
the budget process and legislative funding.
Motion: P. Siemens moved that the Board adopt the proposed amendment
to District's Rules of Procedure to clarify the jurisdiction of
standing committees and procedures for assigning agenda items to
Board standing committees. D. Little seconded the motion. The
motion passed 7 to 0.
E. Agenda Item No. 5 - Adoption of Resolution Authorizing Continued
Participation in the State Disability Insurance Program for Represented, Office
and Supervisory Employees and Discontinued Participation for the Defined
Management Employees (Report R-05-114).
C. Britton presented the staff report.
Motion: M. Davey moved that the Board adopt Resolution No. 05-28
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space district Authorizing Participation in State Disability
Insurance for Represented Employees, Supervisory Employees and
other Office Staff, excluding Management Employees. D. Little
seconded the motion. The motion passed 7 to 0.
F. Agenda Item No. 7 - Adoption of Resolution Approving Application for a Grant
of $150 000 in Matching Funds from the Bay Area Ridge Trail — Coastal
Conservancy for the Construction of Public Access Improvements at El Corte de
Madera Creek Open Space Preserve; Determine Recommended Action is Exempt
from CEQA (Report R-05-111).
Meeting 05-24 Page 5
N. Hanko had a question regarding the spraying of thistle at El Corte de Madera
Creek Open Space Preserve and if it would affect the ladybugs. C. Britton stated
that this project would not disturb the ladybugs.
Motion: N. Hanko moved that the Board adopt Resolution No. 05-29
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Approving the Application for a Grant From
the Bay Area Ridge Trail—Coastal Conservancy Proposition 40
Grants Program for Construction of Public Access Improvements
at El Corte de Madera Creek Open Space Preserve and determined
the recommended action is exempt from CEQA. M. Davey
seconded the motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
N. Hanko: 1. She attended the State Parks Foundation fundraiser at Hearst Castle. 2.
Patty Ciesla is running for the Black Mountain Group Representative of the Loma Prieta
Chapter of the Sierra Club.
K. Nitz had a question regarding the slide at Thornewood Open Space Preserve. C.
Britton stated that discussions have begun.
M. Davey: 1. She received a post card from Pat Brown thanking the District for
dedicating the Board Meeting in her husband's name. 2. She took a tour of Bear Creek
Stables. 3. She took a tour of El Corte de Madera to look at the rehabilitation of the
traits. It was an exciting experience. 4. She passed around a draft agenda of Winds of
Change Workshop and would like the District to be a co-sponsor (in name only) of the
January 28th event.
L. Hassett: 1. He also took a tour of El Corte de Madera. He was amazed at the results
of the project and in particular, the areas where the District staff worked. The road and
trail work was incredible. 2. He will be touring Bear Creek Stables next week. 3. He
has been asked and agreed to attend the first meeting of a community committee to
interact with Jasper Ridge Open Space Preserve.
D. Little: 1. He also attended the tour of El Corte de Madera and admired the work and
stated that it will look even better in the future. 2. He attended a Use and Management
Committee meeting this past Saturday at El Corte de Madera to discuss the staging
proj ect.
J. Cyr: 1. He attended the tour at El Corte de Madera and the work is absolutely
exquisite. 2. He has planned a hike with Patty Ciesla at El Corte de Madera OSP. 3. He
attended the Use and Management Committee meeting. 4. He participated in the staff
meeting concerning the Special Parks Districts Forum. Staff did a tremendous job of
putting together a fantastic tour for participants.
Meeting 05-24 Page 6
P. Siemens: 1. He attended the El Corte de Madera tour and was very impressed with
the work from an environmental point of view. 2. He attended the Use and Management
Committee meeting last Saturday and he feels that neighbors may not be happy with the
size of the parking lot. 3. He ran into Bob McKibben, who is on the staff member of the
Santa Clara County Tax Assessor Office, and had a nice conversation about the District.
C. Britton: 1. S. Thielfoldt is attending a Risk Management Conference put on by
CJPIA. 2. The District is providing influencing skills training by Art O'Neal to the
recently hired employees. 3. The District received a call from Beez Jones. She received
the notice regarding the Good Neighbor Policy meetings. She is very delighted with
what the District is accomplishing. 4. He mentioned the November 2nd 20-year
celebration fundraiser for Liz Kniss. 5. He attended the NR-PA Conference in San
Antonio, Texas. 6. On November 3 there will be another Special Parks Districts Forum
planning meeting in the East Bay. J. Cyr is the Board representative and he will be
attending. 7. He met with Judith Steiner, Interim Director of the Committee for Green
Foothills to discuss future projects. She is also on the Sempervirens Fund Board of
Directors. 8. He emphasized that the El Corte de Madera tours were offered to no more
than three Board members at a time. 9. The County of Santa Clara has an opening on
their Advisory Council for the Finance Department for a special district member and
Mike Foster took the opportunity to apply.
S. Schectman advised all Board Members that attendance of more than three members at
the Good Neighbor Policy meetings would constitute a quorum. The fourth (and
subsequent) member must attend only as an observer. She passed out an Attorney
General's Opinion regarding the guidelines of an"observer."
J. Maciel reported that the security cameras will be installed to record illegal trail
construction.
R. Jurgensen reported that the Good Neighbor Policy Meetings post card was mailed out
to 2,500 neighbors, as well as newspaper advertisement in the Palo Alto Weekly, Half
Moon Bay Review, The Almanac and San Mateo County Times.
X. ADJOURNMENT
At 10:29 p.m., the meeting was adjourned.
Margaret Reimche
Recording Secretary
Regional
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R-O5-|28
MeodogO5-27
December |4` 2005
AGENDA ITEM �
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AGENDAITEM
Proposed Purchase of the Hall Property as an Addition to Monte Bello and Saratoga Gap Open Space �
Preserves(Santa Clara County Assessor's Parcel Number 351-16-014)and Amend the Preliminary Use �
and Management Plan for the Former Thompson Property Naming a Portion of the Property as an
Addition to Monte Bello Open Space Preserve(Santa e|Number 35i-}6- �
023)GENERAL MANAGER'S RECOMMENDATIONS
�
�
|. Determine that the recommended actions are �c�mp��omd����m� �
_ �
Environmental Quality Act aa set out in this report.
2. Adopt the attached Resolution authorizing purchase of the Hall property. �
�
3. Tentatively adopt tile Preliminary Use and Management Plan recommendations contained inthis
report, including naming portions of the Hall property uyuu addition tothe Monte Bello Open
Space Preserve and Saratoga Gap Open Space Preserve, and the naming of a portion of the
Thompson property as an addition to Monte Bello Open Space Preserve, instead of to Saratoga
Gap Open Space Preserve.
4. Indicate your intention 0mdedicate the 8u|| property mnpublic open space u1 this time.DESCRIPTION(see attached map
�
�
The 93.55-acre Hall property is located in Stevens Creek Canyon and surrounded by the Monte Bello
Open Space Preserve, Saratoga Gap Open Space, Peninsula Open Space Trust's (POST) Stevens Canyon �
Ranch, and Stevens Creek County Park. Bisected hy Stevens Creek and Stevens Canyon Road,the �
includes d ) i kmid�tcrruocmthuttrunyi�imo abruptly cu�0cd steep m1opco no both
�
property ��n gently �
the north and south side ofthe property. These steep hillsides are highly visible from areas within both �
Saratoga Gap and Monte Bello Open Space Preserves, especially the sharply defined ridge and canyon on
the north side of Stevens Canyon Road. The Stevens Creek Trail,jointly proposed by the County of �
Santa Clara and the District to connect Stevens Creek County Park to Upper Stevens Creek County Park �
and Monte Bello Open Space Preserve, is planned in the vicinity of the property. Besides valuable trail �
opportunities, purchase of the property will provide for protection of important watershed land, wildlife �
�
habitat and u scenic creek and ddgctop. �
�
The Hall property is comprised of a nearly triangular shaped parcel that is bounded by District open
space land to the north and west, Stevens Creek County Park to the east, and a small private parcel and �
�
.0ST'e Stevens Canyon Ranch to the south. The District ia currently managing the Stevens Canyon �
Ranch d Li�cn�cund &�unu��nm�n�ugrccnncn� Stevensuo�onBoudprovid�uucc�oo�brou�bth�
nc under � �
�
R-15'128 Page
property where there are remnants of two unmurbaced driveways entering the property to the north and
south side of the road.
�
The property's rugged south-facing slope u|inoba nearly 800 feet in elevation from Stevens Creek to the
� high point of the ddgctopin the northwest corner. The equally steep north and east-facing slopes form
an extension of Heather Heights ridge that descends from Saratoga Gap down through Stevens Canyon �
Ranch. The diverse landscape ranges from a densely wooded riparian corridor along Stevens Creek and �
udiuc�ntno�thcunyon�cunaidnuin8tounopcncbupurra| |undocup�ulonAth� at��pupperu|opcyund
' �
� ridgetupto the north and oak woodland to the south. Stevens Creek, u beautiful tree covered stream that
� flows yeur'round, pusmca through the pn`pudyand iau key a�racdnn. Two tributaries~cicu �oiuStevens Creek
�
�
� near the center of the property; one from the north that descends from the upper slopes of Monte Bello
� Open Space Preserve and one from the southeast originating io Saratoga Gap Open Space Preserve. �
�
�
Improvements on the property are limited to remnants of an old cabin site, unsurfaced roads,gates,u
� small animal shelter, and remains of pipelines that served the cabin and animal pens. Stevens Creek �
� Road is within Santa Clara County's right of way and is a paved public road that includes a bridge �
� crossing over Stevens Creek. ()n the south side of the road, onunsurfbcod road climbs approximately
� |O0 yards tou nearly level clearing that was once the site ofncabin. The road continues to climb very �
� steeply tothe south `vhen: it terminates, but animal trails traverse the slope in the southeasterly direction
� and connect up|o the road system on Stevens Canyon Ranch. ()n the north side of Stevens Creek,there
� is the remnant of gate and short driveway that went into the flat area where the uninnu| shelter still �
stands.
USE AND MANAGEMENT
Planning Considerations
�
� The property is located within the unincorporated area of Santa Clara County and zoned B3 (Hillside), �
� requiring a20k` 160-uccc minimum lot size based upon uslope density formula. The property is
� comprised ofone legal parcel and has a potential density of one residential site. Residential development
o[the property would hc feasible due 0o the amount of frontage along Stevens Canyon Road and the �
nearly |cvc| building sites near the road.
�
Both the Hall property and the former Thompson property(purchased by the District in 2003) straddle |
Stevens Canyon Road which is the logical geographic boundary between Monte Bello Open Space
Preserve lying 1othe north of the canyon and Saratoga Gap lying tothe south. Approximately 53.0 ucm:o �
� of the Hall property and 25.72 acres of the former Thompson property are located on the Monte Bello �
� (nndh)side o[Stevens Canyon Road.
Preliminary Use and Management Recommendations for the Hall Property
The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective
|
� until the plan is amended oru Comprehensive Omound Management Plan is prepared. The property will |
be maintained ina natural condition and no changes to land use are anticipated. If changes to land use �
� are proposed in the future,the plan would be subject to further environmental review and public input.
|
Public Access: Closed to public use o1 this time. !
�
Patrol: Routinely patrol the property. |
� Signs: Install preserve boundary signs where appropriate.
|
�
|
|
�
�
�
� � �
R-05-128 Page 3
Cleanup: Remove small animal shed, old gates, and pipelines in state of disrepair.
Name: Name a 53.9-acre portion of the property as an addition to the Monte Bello Open Space Preserve
and a 41.5-acre portion as an addition to Saratoga Gap Open Space Preserve.
Dedication: Indicate your intention to dedicate the property as public open space at this time.
Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known
safety hazards on the site.
Amended Preliminary Use and Management Recommendation for the former Thompson Property
Name: Name a 25.72 acre portion of the Thompsonproperty roPertY P
as an addition to the Monte Bello Open
Space Preserve instead of Saratoga Gap Open Space Preserve.
CEQA COMPLIANCE
Project Description
a r Hall roe a s an addition to the Monte Bello Open
� purchase of a 93.55 c e
The project consists of tile pu property rty P
Space Preserve and Saratoga Gap Open Space Preserve and the concurrent adoption of a Preliminary Use
and Management Plan for the addition, including removal of a small animal shed, old gates, and pipelines
in state of disrepair. In addition, the project includes naming a 25.72-acre portion of the former
Thompson property as an addition to the Monte Bello Open Space Preserve. Ultimately,the properties
will be included in the Comprehensive Use and Management Plans for the Monte Bello and Saratoga
Gap Open Space Preserves. The land will be permanently preserved as open space and maintained in a
natural condition.
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 Sections 15301, 15316,
1537 5
ll
1 1 325 Q
and 15061 of the CEQA Gu
idelines as follows:s:
Section 15301 (1)exempts demolition and removal of individual small structures that have no cultural,
historical, or architectural significance and exempts the removal of accessory structures including
garages, carports, patios, swimming pools and fences. The property contains the remains of a small
animal shed, old gates, and remnants of pipeline.
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition
and the management P proposes plan ro oses to keep the area in a natural condition. The 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. This
acquisition will transfer fee ownership to the District and ensure it will be preserved as public open space
by incorporating it into the Monte Bello Open Space Preserve and Saratoga Gap Open Space Preserve.
R-05-128 Page 4
This purchase qualifies under four sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under section 15061,as there is no possibility the actions may have a
significant effect on the environment.
TERMS &CONDITIONS
The purchase price for this 93.55-acre property is $1,100,000 or approximately $11,758 per acre, which
is to be paid in cash at the close of escrow. The negotiated purchase price has been confirmed by a fair
market appraisal commissioned by the District. The property is considered a single building site in Santa
Clara County. Santa Clara County Parks and Recreation Department staff has agreed to recommend a
contribution of one-half(50%)of the purchase price, or$550,000. This contribution is subject to the
approval of the County Board of Supervisors. In exchange for the County's contribution,the County
would receive an open space easement over the entire property requiring that the property be maintained
in a natural condition. Approval of a funding agreement with the County and the open space easement
would come to you as a future agenda item. Since no final funding agreement has been approved by the
County,the Board should make its purchase determination based upon payment of the full purchase
price, although staff considers the County contribution highly likely.
Staff has conducted due diligence investigations and inspections of the property. Staff has contacted
Santa Clara County to review property records and files, and is satisfied that no underground storage
tanks,contamination or hazardous conditions exist on the property.
BUDGET CONSIDERATIONS
2005-2006 Budget for New Land Purchases:
New Land $20,000,000
Land purchased this year 4,300,000
Hall Property 1,100,000
New Land Purchase Budget Remaining $14,600,000
Controller M. Foster was consulted on this proposed purchase and has indicated that,considering cash
flow and account balances, funds are available for this property purchase.
PUBLIC NOTIFICATION
Property owners of land located adjacent to or surrounding the subject property have been mailed written
notices of this proposed purchase.
Prepared by:
Del Woods, Senior Acquisition Planner
Michael C. Williams, Real Property Manager
Contact Person:
Michael C. Williams, Real Property Manager
Attachment: Map
RESOLUTION 05-
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE
AGREEMENT, AUTHORIZING GENERAL MANAGER OR
OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE
OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO
CLOSING OF THE TRANSACTION(MONTE BELLO &
SARATOGA GAP OPEN SPACE PRESERVES—LANDS OF
HALL)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula
eninsula Regional Open Space District does hereby accept the
offer contained in that certain Purchase Agreement between E. Gerald Hall, Trustee of the Hall 1990 Family
Trust A and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference
made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of
the District.
Section Two. The General Manager or the President of the Board of Directors or other appropriate officer is
authorized to execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District or the General Manager's designee shall cause to be given
appropriate notice of acceptance to the seller and to extend escrow if necessary. The General Manager and
General Counsel are further authorized to approve any technical revisions to the attached Agreement and other
transactional documents which do not involve any material change to any term of the Agreement or other
transactional documents, which are necessary or appropriate to the closing or implementation of this
transaction.
Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of
title insurance, escrow fees, and other miscellaneous costs related to this transaction.
Section Five. It is intended, reasonably expected,and hereby authorized that the District's general fund will be
reimbursed in the amount of$1,100,000 from the proceeds of the next long-term District note issue. This
Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District
solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury
Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and
financial circumstances. There are no funds or sources of moneys of the District that have been, or are
reasonably expected to be, reserved or allocated on a long-term basis,or otherwise set aside to pay the costs of
this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to
be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of
indebtedness to reimburse itself for this open space land acquisition project expenditure.
Hall Property
Addition to Monte Bello and Saratoga Gap Open Space Preserves
Monte Bel
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Produced by Midpeninsula Regional Open Space District, December 2005 0.25 0.5
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Scale 1:20,000
R-05-123 Page 2
will facilitate this Workshop by bringing representatives from other land management agencies together,
primarily from the Bay Area,to discuss each agency's resource management program—the structure of
their organizations, how resource management issues are addressed, and their challenges and emerging
resource management issues. The purpose and timing of this Workshop is to provide resource
management information to the Board and staff for use in expanding the District's resource management
program to meet the future needs and desires of the District.
To begin Phase 1, ESA will identify six to eight land management entities to interview for purposes of
review of their resource management programs before the Workshop. These entities will be chosen for
review because they are similar to the District in one or more of the following areas: (1) size of non-
contiguous acres managed and number of staff; (2)scope, in terms of a mission based on open space
preservation and low-impact recreation; and(3) location, based primarily in the west. In these reviews,
ESA will look at each entity's organizational structure, staff and budget for resource management, and
other elements of their resource management program including policies and plans, research and
monitoring, and information management. ESA will then resent a draft agenda for the
fieldwork, g, g p g
Workshop and the results of the preliminary evaluation of agencies to the Board for review and approval
at a regularly scheduled meeting in January or February prior to scheduling the pubic Workshop.
Working with the District General Manager and staff, ESA will select four to five agencies to participate
in the Workshop. At the Workshop, EAS will facilitate while agency representatives present information
about their programs. The Workshopwill also include panel discussions of issues of interest to the Board
P g
and beneficial to the agencies. Following the Workshop, ESA will summarize the findings in a written
report.
Phase II of the project will be defined further based upon the information resulting from the Resource
P J P g
Management Workshop and brought before the Board for approval of a contract amendment before ESA
begins work. Staff anticipates that in Phase II ESA will conduct a more in-depth resource management
program evaluation of three to four agencies from the Workshop. Through additional interviews and
analysis, ESA will look at the specific types of resource management issues the agencies face and develop
recommendations on best management practices and techniques that have been successful in managing
ranging from Sudden Oak Death and invasive species control to usinggrazing and fire as
specific issues
P g g
P
a land management technique, and strategies to protect special status species. These recommendations
will be considered in improving the District's resource management policies and practices.
Prepared by:
Michelle Jesperson, Management Analyst
Contact person:
L. Craig Britton, General Manager
I
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-0S-122
Meeting 05-27
December 14, 2005
AGENDA ITEM 3
AGENDA ITEM
Progress Report and Further Recommendations Regarding Management of Sudden Oak Death and
Slender False Brome on and Near District Preserves /
GENERAL MANAGER'S RECOMMENDATIONS----L
Direct the General Manager to implement a work plan to accomplish the objectives listed below. This
work plan would be completed over a period of ten years.
Sudden Oak Death
1. Map oak trees on District Preserves that are potentially resistant to the pathogen that causes Sudden
Oak Death (SOD).
2. Treat a selected number of heritage oak trees on District Preserves that are susceptible to Sudden
Oak Death.
3. Establish collaborative funding for SOD research to help guide land management decisions.
Slender False Brome
4. Design and implement treatment and monitoring programs for control of slender false brome
(brome) on District Preserves.
5. Design and implement public outreach, treatment, and monitoring programs for control of brome
on lands adjacent to District Preserves where such control is necessary for the successful
eradication on the district lands.
6. Apply for grants to assist in control of brome.
7. Petition the State for reclassification of brome as a noxious weed.
CEQA Evaluation
8. Determine that recommended action number 2 is categorically exempt from the California
Environmental Quality Act for the reasons set out in this report.
BACKGROUND
Staff met with the Use & Management (U & M) Committee on August 25, 2005 to review the status of
and discuss potential future actions regarding the management of SOD and brome on District Preserves.
411-13� 122 rage 2
• At the September 28, 2005 Board meeting, a representative of the California Oak Mortality Task
Force (COMTF) gave a presentation on the status of SOD and SOD research in California. At the
same meeting, staff gave detailed reports (R-05-104 and R-05-105) on the U & M Committee
recommendations on SOD and brome. The Board subsequently adopted revised recommendations
and requested that staff return with a detailed implementation plan including a list of other projects
to be postponed in order to respond to the Board's new directives on SOD and brome.
On October 26, 2005, staff again reported to the Board (R-05-115) on the status of actions taken
regarding SOD and brome, and initially recommended certain Operations and Planning projects be
postponed in order to respond to the Board's new directives on SOD and brome. The following
represents a revised list of projects proposed to be postponed:
• Restoration of the former tree farm at Skyline Ridge Open Space Preserve.
• Implementation of the next step of a GIS-based invasive plant-tracking program.
• Hire a consultant to evaluate current trail brushing practices and make recommendations that would
minimize impact to natural resources.
• Native grass seed contract.
• Use and Management Plan for the Alpine Road properties of Skyline Ridge Open Space Preserve.
DISCUSSION
Staff has continued to investigate both the status of SOD research and the options for controlling brome.
In October 2005, Cindy Roessler, Resource Management Specialist, met with the Executive Committee
of COMTF to discuss future research needs. After extensive evaluation of completed and ongoing
studies, and consultation with various researchers and affected agencies, staff developed a work plan
including the schedule and cost estimates.
A Gantt chart is attached showing proposed timelines for completing the major subtasks (goals)to meet
the initial phases of the program over the next two fiscal years. Most of these tasks are expected to take
as much as ten years to complete.
Cost estimates are provided for the next fiscal year and next decade. Total costs for all seven
recommended tasks over a ten-year period are in excess of$1.5 million. These estimates are for
consultant and materials costs only and do not include labor costs for District staff time. The costs for
the balance of the current fiscal year will be funded by a reallocation of the existing budget based upon
projects that are being postponed.
SUDDEN OAK DEATH TASKS
Mapping SOD Resistant Trees
(Recommendation#1, Gantt chart line numbers 1-5)
The goal in mapping oak trees with potential resistance to the SOD pathogen is to find trees that may be
used in the future to repopulate SOD-infested forests with healthy trees. While several studies have
found that oak trees have a range of susceptibility to the SOD pathogen, currently it is not clear whether
k taw 12 Page 3
lower susceptibility is a product of genetic traits (and thus can be passed onto progeny) or whether it is a
factor of environmental conditions.
There is currently no method available to detect genetic resistance in the field, and strategies for
restoring infested forests have not been developed yet.1 In the meantime, it is feasible to survey for oak
trees potentially resistant to the SOD pathogen, and monitor the continued survival of these trees until
such a time as the science related to testing for genetic resistance and large-scale restoration techniques
is developed.
The major subtasks for mapping SOD-resistant trees are: screen for potential locations, develop a survey
methodology, develop a contract for a survey consultant, then have the consultant conduct surveys, mark
trees, prepare maps, and repeat surveys on an annual basis.
Rather than surveying all 50,000 acres of District Preserves for resistant trees, it is important to focus
surveys in those areas where potentially resistant trees are most likely to occur and at the times when
those individuals would be most evident. Using District GIS information, staff is screening for areas
with vegetation communities that have both the host oak species and the important foliar host plants, and
which are in the vicinity of confirmed SOD locations.
Staff based this screening process on a model created by university researchers for detecting the risk of
SOD spread. An initial screening has identified approximately 5,000 acres on District lands suitable for
focused surveys. Staff is further refining this model and developing a survey methodology based on
standards developed by COMTF. David Rizzo at the University of California, Davis, one of the major
SOD researchers, will be reviewing the District's methodology.
A consultant will conduct the focused surveys at the end of the summer dry season in 2006. This is the
season when infected trees are mostly likely to succumb to the disease and, by contrast,resistant trees
will be more evident. It is also a time of year when the survey consultant is least likely to spread
contaminated mud from infested sites.
An estimated budget of$25,000 is necessary for the consultant surveys in the first year. Surveys would
be repeated annually to monitor whether tagged trees continue to be healthy or have succumbed to the
disease, and can be expected to cost in the range of$10,000 annually. We assume these surveys will
need to continue for ten years until research provides information on how to detect trees for genetic
resistance in the field, and strategies are developed for restoring infested forests. Over a ten-year period,
these costs would total approximately $115,000.
a "Timely implementation of restoration activities is important,but must await the development,testing,and
approval of effective strategies in order to avoid the possibility of costly mistakes." P. ramorum National Strategic
Plan. September 2005, US Department of Agriculture.
http://www.aphis.usda.gov/ppq/ispm/pramorum/pdf files/usdaprstratplan.pdf
2 Ross Meentemeyer, David Rizzo, Walter Mark and Elizabeth Lotz,Mapping the risk of establishment and spread
of sudden oak death in California, Forest Ecology and Management,200(2004), 195-214.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-123
Meeting 05-27
December 14, 2005
AGENDA ITEM 2
AGENDA ITEM
Authorization to Enter into a Professional Services Agreement with Environmental Science Associates
(ESA)to Conduct a Phase I Comparative Analysis o 'Other Land Management Agencies Resource
Management Programs and Evaluate the District's atural Resource Management Program
GENERAL MANAGER'S RECOMMENDATTO LL
Authorize the General Manager to enter into a professional service agreement not to exceed$21,675
(which is already within the General Manager's authority)with ESA to conduct Phase I of a comparative
analysis of the resource management programs of other land management agencies with the District's
resource management program, with recommendations on improvements to the District's program.
DISCUSSION
The fiscal year 2005-2006 Action Plan and budget includes$25,000 to hire a consultant to research
resource management programs that are being conducted by other land management agencies. To
complete this Action Item, staff released a Natural Resources Comparison Study Request for Proposals
(RFP) in October. The District received seven proposals and selected four consultants to interview for this
project based on the quality of their proposals and demonstrated experience working with similar land
management agencies and conducting similar projects(see table). District staff(M. Jesperson and M.
Freeman) and the Stewardship Manager from East Bay Regional Park District(Joe DiDanato)
interviewed the four consulting firms. Based on the interviews, staff determined ESA to be the best
qualified firm.
Firms Submitting Proposals: Selected to Interview
Center for Natural Land Management Yes
EDAW, Inc. Yes
EIP Associates Yes
Environmental Science Associates(ESA) Yes
Jodi M. McGraw, Ph D. No
Coleman Planning Group No
Verna Ji our Associates No
The District chose ESA for this project because of their proposed methodology to complete the project,
their written and analytical skills as demonstrated in their proposal and the interview, and the quality of
prior work projects that were submitted to the District for review and confirmed through their references.
ESA also has a history of working with many of the agencies we envision will participate in this project.
ESA proposes to conduct this project in two phases. The first phase of the project will culminate in a full-
day Resource Management Workshop(Workshop)with the District's Board of Directors and staff. ESA
122 Page 4
Treating Heritage Trees Susceptible to SOD
(Recommendation#2, Gantt chart line numbers 1-6)
While there is currently no feasible method for treating many trees over large areas to provide protection
from the SOD pathogen, a phosphite fungicide treatment has been developed for limited applications.
The major subtasks to treat heritage oak trees on District Preserves that are susceptible to SOD are: hire
a consultant to survey for heritage oak trees, treat heritage oak trees with fungicide, and repeat treatment
annually.
Heritage oak trees susceptible to SOD are defined herein as healthy tanoak, coast live, canyon, black or
Shreve oaks providing unique scenic value or ecological complexity with a trunk diameter at breast
height between 54 and 68 inches. In addition to heritage trees, staff recommends that trees that present a
high safety risk (e.g. oaks near campgrounds, buildings and congregation areas) be likewise identified
and treated.
The survey for heritage trees will be conducted by the same consultant and at the same time as the
resistance study described above. The first fungicide treatment must occur in either November or
December and the second treatment must occur approximately six months later. Treatments occur on an
annual basis in the winter thereafter. Assuming that approximately 30 trees will be treated, the
estimated average annual cost for these treatments is $8,400. We assume these treatments will continue
for ten years at a total cost of approximately $84,000 until more information about resistance and
restoration of infested forests is developed.
Establishing Collaborative SOD Research Fund
(Recommendation#3, Gantt chart line numbers 7-11)
SOD research to date has been devoted primarily to basic research and molecular genetics rather than to
practical field applications. District staff has been in discussion with members of the COMTF as well as
other land management agencies about the possibility of establishing a Conservation Committee, which
would be responsible for addressing issues related to SOD on publicly-owned park lands, particularly
controlling the spread of SOD and restoring infested areas. This committee would also be well
positioned to set priorities for future applied research.
The major subtasks for establishing this fund are: formation of a new COMTF Conservation Committee,
establish research priorities, identify funding sources, establish a task force to review research proposals,
and conduct research. We expect that interest in and funding for this research can be generated among
other land management agencies of the SOD-affected areas under the guidance of the COMTF
Conservation Committee and the Bay Area Open Space Council. Experts from various university
research stations would conduct the actual research.
Staff expects the COMTF Conservation Committee will begin its major work in February 2006. With
other interested parties,the District will set priorities and seek funding for SOD research relevant to
managing public lands. Actual research is expected to begin in January 2007 and to continue on one-
and two-year cycles for up to five years. Similar field-oriented SOD research has been funded within the
range of$60,000 to $125,000 per year. The District would propose to only be responsible for some of
these costs, perhaps as much as $30,000 annually for five years for an approximate total cost of
$150,000.
CEQA Compliance For SOD Tasks
Surveying, mapping and marking of oak trees on District Preserves that are potentially resistant to the
SOD pathogen as set out in Recommendation I of this report was found to be categorically exempt at
the September 28, 2005 Board meeting (R-05-104). The District concluded that this action consists of
data collection and resource evaluation, will not result in serious or major disturbance to any
environmental resources, in significant effects or in cumulative impacts and is thus categorically exempt
under Section 15306 of the CEQA Guidelines (Class 6 Information Collection).
Recommendation 2 of this report consists of surveying and treatment of no more than 30 heritage oak
and tanoak trees with Agri-Fos® systemic fungicide on an annual basis. The California Department of
Pesticide Regulation and the US Environmental Protection Agency have approved use of this systemic
fungicide for treatment of SOD. Application of the fungicide will be consistent with all label
requirements, by a person specifically trained in its use for SOD treatment, with specified syringe-type
injectors and will include disinfection techniques. Because the fungicide will be injected directly into
the trees, it will not affect any surrounding vegetation. The District concludes that this action consists of
minor alteration of vegetation on existing officially designated wildlife management areas that will
result in the protection and improvement of wildlife habitat, and it will not result in serious or major
disturbance to any environmental resources, in significant effects or cumulative impacts. Therefore, it is
categorically exempt under Section 15304 (d) of the CEQA Guidelines (Class 4 Minor Alterations of
Land).
A CEQA evaluation for Recommendation 3 regarding a SOD research fund will need to wait until more
details are developed regarding research topics at later dates as indicated on the attached Gantt chart.
Summary Of Budget Impacts For SOD Tasks
In fiscal year 2006/07, the three SOD tasks described above are expected to cost $63,000. Over a ten-
year period, these tasks would cost approximately $350,000. Staff would return to the Board for
approval of a contract to conduct the mapping of SOD resistant trees (expected summer 2006). Staff
would return to the Board for approval of District's actual level of participation in the collaborative SOD
Research Fund once a mechanism is set up for funding and reviewing SOD research grants, for a CEQA
review of such research, and to determine the District's actual level of participation (expected summer
2006).
SLENDER FALSE BROME TASKS
Treatment and Monitoring of Brome on District Preserves
(Recommendation 94, Gantt chart line numbers 1-5)
To completely eradicate brome in the Woodside area on a timely basis, staff recommends the hiring of
an expert Integrated Pest Management(IPM) consultant to assist in completion of the brome-related
tasks.
Page 6
Under the first phase of work, the IPM consultant would recommend a revised plan for the treatment of
brome on District lands, primarily Thornewood Open Space Preserve. The major subtasks for treatment
and monitoring brome on District lands are: prepare scope of work and award contract for IPM
consultant; consultant to recommend treatment and monitoring program; treat brome on District
preserves by April 2006; repeat treatment several times per year thereafter as necessary and
recommended, and regularly monitor effectiveness of treatment.
An estimated budget for the development and implementation of this plan and for the first year of
repetitive treatments to control brome on District land is $50,000. Overall, staff expects it to take
approximately 10 years to completely eradicate brome from the Woodside area (along with the effort on
adjacent lands described below) and to cost approximately $320,000 to complete this effort on District
lands.
Treatment and Monitoring of Brome on Adjacent Lands
(Recommendation#5, Gantt chart line numbers 6-11)
Because slender false brome is known to persistently spread into a variety of habitats, eradicating it from
adjacent private properties will be necessary to control it on District lands. Since the current population
size of brome is limited in this region and control methods are feasible, the removal of this invasive
plant from District Preserves and adjacent private properties would be consistent with the District's
mission to operate and maintain a system of open space preserves and would be vital to the success of
the program.
The major subtasks for treating brome on adjacent lands are: legal review to determine the best method
for the District to promote control of brome on adjacent private lands: IPM consultant and staff to
design and implement a public outreach and treatment program; secure private property rights-of-entry;
contractor to treat brome on adjacent properties several times per year and regularly monitor
effectiveness. As noted above, complete eradication of slender false brome in the Woodside area will
take approximately 10 years.
The design and implementation of the public outreach and treatment program will begin in June 2006
after the IPM consultant has completed review of brome treatment on District land. The public outreach
campaign and securing rights-of-entry onto private property are expected to take approximately 10
months with the first treatment of brome on private lands occurring in April 2007. Treatment and
monitoring will continue several times a year for approximately 10 years.
An estimated budget for the development and implementation of a public outreach program in fiscal
year 2006/2007 is $76,000. Continued public outreach and repetitive treatments to control brome on
adjacent land in future years is estimated to cost $85,000 annually. Overall, staff expects it to take
approximately 10 years to completely eradicate brome from the Woodside area (along with the effort on
District lands described above) and to cost approximately $840,000 to complete this effort on adjacent
private lands.
Grants for Brome Control
(Recommendation #6, Gantt chart line numbers 12-14)
n adjacent private lands
established a plan for the eradication on District and After the IPM consultant has estab p � p ,
a consultant will be hired to explore grant opportunities to fund future efforts, although control itself will
begin sooner. The major subtasks are: develop scope of work and award contract, then consultant to
investigate grant opportunities and potential funding, and develop and submit grant applications. At
least two grant applications will be submitted every year in an attempt to secure adequate funding. The
estimated cost for these consulting services is $5,000 in the first year and $2,000 annually for nine years
thereafter for a total ten-year cost of approximately $23,000.
Reclassification of Brome
(Recommendation#7, Gantt chart line numbers 15-18)
The California Department of Food and Agriculture (CDFA) has currently classified slender false brome
as a Q-rated weed under its noxious weeds program. Neither State nor County departments take the lead
on controlling weeds that fall under the temporary Q Category, which consists of new noxious weeds for
which little information is currently known. Once more is learned, a rating of A or B may be assigned.
Category A is normally given to noxious weed species with limited distribution, and their control is
coordinated between the State and County Agriculture Commissioners. A rating of Category B is for
noxious weed species that are more widespread, and whose eradication, containment and control are
possible within large sections of the state although maybe not throughout the entire state. Control of B-
rated weeds is directed by the County Agriculture Commissioners, while the state enforces restrictions
in the nursery trade.
Reclassifying slender false Brome from a Category Q weed to either a Category A or B weed could
provide greater profile to controlling this noxious grass and may further enlist participation of the San
Mateo County Agricultural Commissioner and CDFA in its control.
Documenting the feasibility of complete eradication of brome in San Mateo County will provide
valuable information in determining the possibility of changing the current status of brome from a
Category Q weed to a Category A or B weed. The District would provide the results of a study
conducted by an IPM consultant to the San Mateo County Agriculture Commissioner who could then
petition CDFA to consider the reclassification of brome.
The major subtasks for the reclassification of brome are: meet with San Mateo County and CDFA, IPM
consultant to document feasibility of eradication, and petition CDFA for reclassification.
A final petition for reclassification would be expected to be submitted in early 2007 and the total one-
time cost for the IPM consultant's work is estimated to be $5,000.
CEQA Compliance for Brome Tasks
The control of brome on District Preserves as set out in Recommendations 4, 6 and 7 of this report
(treatment on District lands, brome grants and reclassification of brome) were found to be categorically
R_ot -I 21 Page 8
exempt in the September 28, 2005 Board meeting (R-05-105) under Section 15304 of the CEQA
Guidelines (Class 4 Minor Alterations to Land) and the District's CEQA Guidelines.
A CEQA evaluation for Recommendation 5 regarding treatment of brome on adjacent land will need to
wait until more details are developed regarding the public outreach and treatment program on adjacent
lands as indicated on the attached Gantt chart.
Summary of Budget Impacts for Brome Tasks
In fiscal year 2006/2007, the four brome tasks described above are expected to cost $136,000. Over a
ten-year period, these tasks would cost approximately $1.2 million. Staff will return to the Board for
approval of a contract with an integrated pest management consultant to design a treatment and
monitoring program for control of brome on District and adjacent lands, a public outreach program and
technical advice regarding reclassification of brome (first phase expected February 2006). At the same
time, staff would seek Board's approval of a CEQA evaluation for treatment and monitoring of brome
on adjacent private lands.
COMBINED BUDGET IMPACTS AND FISCAL YEAR 2005/2006 ADJUSTMENTS
The ten-year work plan for responding to the threats of SOD and brome as described in the seven tasks
above would cost approximately $1.5 million. These estimates are for consultant and materials costs
only and do not include labor costs for District staff time.
Preliminary costs for implementing these tasks in fiscal year 2005/2006 have been included in the
proposed midyear budget adjustments and do not require additional funding. These adjustments include
reassigning approximately $25,000 from a proposed best management practices study to a phase one
contract for an integrated pest management consultant to start the design of the brome treatment and
monitoring program.
Prepared by:
Cindy Roessler, Resource Management Specialist
Jonas Roddenberry, Planning Technician
Eliah Gilfenbaum, Research Intern
Noelle Antolin,Natural Resource Intern
Contact person:
Cindy Roessler, Resource Management Specialist
Attachments: Gantt Chart
SLENDER FALSE BROME PROJECTS
Q12008 g2�^�Q46. 03=2006 `.p Q4.2QQ6: C#1.29i1'7 � 412-2�7 ; Q3.2QQ7 Ctr3-204] Q1-
Acts ' Narne
Ot- 02 03, `44, 45 U6` 07' 08 09 '1Q 11 12 01 02 03' 04' 66 "06 O7 U8` `69 1V 11 12 01
1 8 BROME PROJECTS
[3 Treat Brome on District Lands
3, Develop IPM contract i♦�
4 Develop treatment and monitoring program
Treat Brome on preserves Repeat several tirrieS annually
6..,A p Treat Brome on Private Land
Legal review
13.'.', Develop public outreach and treatment program
._ Implement public outreach
5 + Secure private property right of entry
Repeat annually
Treat brome on private land
p Brome Grants
�3 Develop grant contract
14`°•' Prepare two grant applications Repeat annually
J ;=' B Reclassification of Brome
16 Meet with SM Co Ag and CDFA
;r Document feasibility
18 v Petition CDFA for reclassification
SUDDEN OAK DEATH(SOD)PROJECTS
, 4::. „s..M .arc. 4 , _.. , ,.,. ..
.�+. s,. ... ... � ,..Y;" _,s .,.-:; q,. .. 'mom i` c.{, L -'�.
_ _,,... x Q1' 0 Q2 OOG .,.f 3 24 t74 2005 ,. 1 7x '19t� Q
,,n ......,.•'"w `r -t :...,,. . ",=¢:r -:"t�. .�;.. Q`",c= „.+ a*' - „*...�`wr s.....:r" :«
r#�=� :v��a :a=,, F:, .��_•w���...�.���'�� ��;.._,,`` . 'p` 412;� ',03 .05 a't�06 ;��(IS 'y t'Q9-,r:10 1'I '.D1z,.;A2;.=r ,03 0
Z,,1 SOD PROJECTS
O Resistant and Heritage Trees
" Prelim screening,survey method
Develop survey contract
Survey resistant and heritage trees
Treat heritage trees Repeat May 2007 and every Novenber
O Collaborative Funding for SOD Research
Form new COMTF Conservation Committee
Establish research priorities,ID funding
Review proposaWAward grants Repeat
Conduct SOD research ]annual
i
i
BACKGROUND MATERIAL
FOR R-05-122 REGARDING
SUDDEN OAK DEATH
AND SLENDER FALSE BROME II
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-104
Meeting 05-21
September 28, 2005
AGENDA ITEM 2
AGENDA ITEM
Use&Management Committee Recommendations Regarding Sudden Oak Death Management on
District Lands
USE& MANAGEMENT COMMITTEE RECOMMENDATIONS
l. District Staff to initiate a program to identify, flag,tag and map trees on District lands that appear
resistant to Sudden Oak Death(SOD).
2. Collect tissues samples from resistant trees, if feasible.
3. District staff to initiate a program to protect heritage trees on District lands from SOD infection
by application of an appropriate and effective fungicide or other approved SOD treatment as
determined by staff.
4. Determine that recommended action number 1 is categorically exempt from the California
Enviromnental Quality Act for the reasons set out in this report.
BACKGROUND
The Use&Management Committee("U&M Committee")met on August 25, 2005 to receive a report
from staff on the status of SOD on preserves of the Midpeninsula Regional Open Space District and
discuss potential future actions.
DISCUSSION
At the August 25,2005 U&M Committee meeting, staff provided a general background on SOD, its
status on District preserves, current information on SOD research and funding,recreational activities and
SOD, and the California Oak Mortality Task Force(COMTF). COMTF is a coalition of research
institutes,agencies and other organizations coordinating a response to the impacts of Sudden Oak Death
in California's forests.
The U&M Committee discussed an increased level of SOD mapping, sanitary practices to control the
potential spread of SOD by District maintenance activities,the possible origin of the SOD pathogen
(Phytophthora ramorum)and the possibility of biocontrol agents to reduce tree mortality,resistance of
trees to the SOD pathogen,and enhancing the educational outreach to the community. Chairperson Little
stated that the District needed to take a more proactive,creative approach to dealing with SOD.
I
R-05-104 Page 2
Staff reviewed preliminary studies by University of California Berkeley researchers on coast live oak and
tanoak resistance. Although it is clear that some individual trees appear to be resistant to SOD infection,
a standardized method has not been developed yet to determine which trees are genetically resistant to
SOD and which are surviving due to unique environmental or historical conditions.
A fungicide treatment for SOD was reviewed. Currently,Agri-Fos(systemic fungicide)and Pentra Bark
(surfactant)have been approved by the California Department of Pesticide Regulation and the US
Environmental Protection Agency to treat oak and tanoaks at high-risk of becoming infected with the
applications i wildland forests. COMTF
SOD pathogen. The treatment is not suitable for large-scale n
p g
recommends the fungicide treatment be used for individual trees of significance or to prevent high-risk
om
g � P g
conditions from developing.
The attached memorandum provides additional information regarding surveys for resistant trees and
protection of heritage trees from SOD and staff analysis regarding the U&M Committee
recommendations.
COST AND SCHEDULE ESTIMATE
Surveying for resistant trees,collecting and propagating resistant plants, and protection of heritage trees
on District preserves are not included in the current Action Plan or the Five Year Resource Management
Strategic Plan. Staff will return to the Board before the end of the calendar year with cost and schedule
estimates for programs to survey for SOD resistant trees,to collect plant materials from SOD resistant
trees,to protect heritage trees, and with any additional CEQA review required prior to implementing
Recommendation Numbers 2 and 3 in this report.
CEQA COMPLIANCE
The project consists of survey, mapping and marking of trees apparently resistant to SOD on District
preserves as set out in Recommendation 1 of this report. The District concludes that this action consists
of data collection and resource evaluation,will not result in serious or major disturbance to any
environmental resources, in significant effects or in cumulative impacts and is thus categorically exempt
under Section 15306 of the CEQA Guidelines(Class 6 Information Collection).
PUBLIC NOTIFICATION
A copy of the agenda was sent to persons requesting notification of resource management items and to
COMTF.
Prepared by:
Cindy Roessler,Resource Management Specialist
Contact Person:
Same as above
Attachments:
Sudden Oak Death Infestation Zones
Memorandum: Implementation Actions Regarding Sudden Oak Death
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Memorandum
To: Board of Directors
From: Craig Britton General Manager
er 9
Prepared by: Cindy Roessler, Resource Management Specialist
Date: September 23, 2005
Re: Implementation Actions Regarding Sudden Oak Death
At the Use& Management Committee ("U&M Committee") meeting on August 25, 2005, potential
future actions to respond to Sudden Oak Death were considered. U&M Committee members moved
that the following action items be forwarded to the full Board for consideration:
1. Identify, flag,tag and map trees on District lands that appear resistant to Sudden Oak Death
(SOD).
2. Collect tissues samples from resistant trees, if feasible.
p �
3. Protect heritage trees on District lands from SOD infection by application of an appropriate
and effective fungicide or other approved SOD treatment as determined by staff.
This memorandum provides additional information provided by staff regarding the implementation of
these measures.
RECOMMENDATIONS 1 AND 2: SURVEY OF RESISTANT TREES AND COLLECTION OF
RESISTANT PLANT MATERIAL
Surveys of SOD on District Lands
District staff has been surveying SOD since 2000. This mapping effort concentrates on identifying
zones of infestation rather than each individual tree. Five district staff members are trained by the
California Oak Mortality Task Force(COMTF) in detecting and sampling for the SOD pathogen
(Phytophthora ramorum). Every winter, District staff looks for symptomatic plants in new zones,
collects samples and sends these to the California Department of Food and Agriculture's Plant Pest
Diagnostics Center. All confirmed sites are added to the statewide SOD database and included in
the maps available at www.suddenoakdeath.oM. In addition, Sonoma State University has been
surveying portions of ten District preserves as part of their statewide Early Detection Study.
District staff is trained in the symptoms and effects of SOD on an annual basis, and the Resource
Management Specialist attends the SOD Science Symposiums, reviews monthly SOD reports, and
communicates with COMTF.
. . �
�
Memorandum 0uBoard September 23,2005 Page �
�
The attached map shows preserves with confirmed or within a }4-nlihs buffer area around SOD
locations including Lm Honda, Coal Creek, Monte Bello, Russian Ridge, Skyline Ridge, Long Ridge, �
Saratoga Gap, and Fremont Older Open Space Preserves and the southern portion of Loma Prieta �
in Sierra Azu| Open Space Preserve. Recent detections have been confirmed for Thorney^modOpen �
Space Preserve, and staff expects sampling in the winter of2OO5K6 will detect infections in Windy Hill �
and Bear Creek Open Space Preserves, and the Stevens Canyon area nfMonte Bello Open Space �
Preserve. �
Staff has not previouslysurveyed for mr mapped trees apparently resistant toSOD. There ieablack �
oak along Hickory Oak Trail in Long Ridge Open Space Preserve that was confirmed in2OOOaa
infected with SOD, however, only part of the tree died while the rest appears to have survived. Staff �
� checks this tree for acorns but none have been present in the past two years. �
Scientific Studies of SOD-Resistant Trees
� Several laboratory experiments have indicated that individual coast live oak, tanoak and bay laurel
� plants display different |eva|m of susceptibility to 8[)C).' University of California Berkeley researchers
� tested coast live oaks from several locations throughout the state for susceptibility to the SOD
�
p�thoQen <�u�ing000||ededinthe field and inoculated v�ththe pathogen under|abo�&orycond�ions �
�
� developed variably sized xvoundo^ Preliminary results suggest susceptibility of coast live oak tmthe
� SOD pathogen is variable and the variability existed among individuals within the same population
rather than just between samples taken at different sites.3 Berkeley researchers grew tanomk
saplings in a greenhouse from acorns collected from Six Rivers National Forest in northern California �
� near Eureka. TheyfoundaiQnh5omrtvahebi|dvintheneoponoeofetemoond |emveehoinoou|ation
� with the SOD pathogen indicating genetic resistance. Some, but not all, of the variability appeared to �
� be in response to the location of the saplings in the greenhouse indicating environmental resistanc4e .
A range of susceptibility was also found with bay leaves inoculated with the SOD pathogen under
|mboratorycondhionos
� These resistance studies are expected to continue, ma funding im available, and COMTFidentifies
SOD host resistance as one of its critically needed research areas for 2OO5. |tis important tonote �
that to date, these studies have been conducted in laboratory and greenhouse type environments,
� and not under foneot-tvpenmndbionm. A tree that appears tmba resistant in the fons��or the |obon�ory
� '
� may not be resistant in another forest-type condition where the soil, climate and structure of
surrounding vegetation may make it more or less susceptible to the SOD pathogen. There is also the
possibility that some strains of the pathogen may be more virulent and could cause infestation Of
seemingly resistant trees at a later date if new vectors of infestation develop. /\recent
1 David yW Rizzo and K8atb»oGarbelotto. Sudden oak death: endangering California and Oregon fonoed
e000ysbarnm. FiontEcol Environ2003; 1(5): 107_2O4.
^ Richand8. Dodd. Danie| Hubedi. TarnorY. Hennik. BrendmC)'DeUondKAotneoGarbe|otto. Univeraib/of
California, Berkeley. Sudden Oak Death Second Science Symposium, January 18-21. 20OS.
3 Richard S. Dodd, Daniel Huberli, Vlad Douhovnikoff,Tamar Y. Harnik, Zara Afzal-Rafii and Matteo
Garba|oMo. Is variation in susceptibility to Phybophbhonana/no/u/nooru*|ated with population genetic
structure in coast live oak(Querruaagrifzlia)?. New Phyto|ogiat(2OO4) dni: 1O.1111/j.1
� 469-8137.2004.01200.x
+ KathehneHaydenandyNatteoGerba|ottn. C)umnhtaUveReaiabancetoPh0t4phbhonanamuruminbankooh.
DepartnnentofEnvironmental Science, Policy, and Management, University ofCalifornia, Berkeley, CA.
aDanial Huber|i. Will Van Sant, Steven Swain, Jennifer Davidson, and K0atteoGarbe|otto. Susceptibility
� ofUn7be0u/orimoa6fb/nicato /9ntoohbhonana/nonu/n. International Congress of Plant Pathology, 2'7
February 3003. Christchurch, New Zealand.
. ^
.
Memorandum toBoard September 23,2005 Page
comprehensive summary of research and management of SOD states, "The pressing question is
whether these less susceptible plant individuals are truly resistant, capable of surviving when
conditions are highly fmvormbletothe en."6 However, the indication that populations ofoaks
and bays include potentially resistant individuals imencouraging.
� Horticultural practices such as crossbreeding have been used to develop disease resistant plants.
For example, the US Department of Agriculture and The American Chestnut Foundation are
undertaking a decades-long program to crossbreed the American chestnut with an Asian chestnut.
They expect to develop trees resistant to the chestnut blight that killed most American chestnut trees
in forests of the eastern United States one hundred years ago. Staff io not currently aware ofany
such effort to develop resistant strains of oaks to SOD.
Staff Recommendations Regarding Surveys for Resistance and Collection of Plant Material
To implement a program of identifying, mapping and marking potentially SOD-resistant trees on
District lands, staff would need to consult with SOD scientists to determine how to sort out which
trees are genetically resistant and which are surviving due to unique |ongterm/ orshorttomn
environmental conditions. Only those trees that are genetically resistant would be appropriate for
collection of acorns, cuttings or tissue samples by which to propagate trees for replanting in infested
forests. Testing of resistance would involve handling of the SOD pathogen, which can only occur
under permits from the US Department of Agriculture and the California Department of Food and
Agriculture.
Other common forest diseases kill oaks, although usually not at such a large landscape scale as the
SOD pathogen. Therefore, it is important to test for the presence or absence of the SOD pathogen
among apparently resistant trees.
The current uncertainties of genetic versus environmental resistance and the restrictions on handling
| the SOD pathogen suggest that the District's involvement in a resistance study may need to take one
of two directions:
w Survey, map and mark oak and tanoak trees on District lands which show little to no
symptoms of SOD although they are located close to many trees which have apparently died
from SOD and are in the vicinity of bay trees that have tested positive for the pathogen.
Continue to annually monitor the survival of these trees until such a time as research from the
� scientific institutes provides evidence on how to confirm genetic resistance and guidance on
how to collect, store and propagate acorns, cuttings or tissue samples for replanting of
infested forests.
OR
� Conduct survey, mapping mndrnarkingof potentially resistant trees am described above.
Then hire e specialist, fund research or request that research funds from the federal agencies
be mpen1on testing samples collected from District preserves to determine resistance.
� vOavidRizzo �Wo�eoGarb�|oMo and F�yfophbho/oro/noo//n� Integrative Research and
� . . . �
� Management ofon Emerging Pathogen in California and Oregon Forests. ymnu. Rev. Phyppatho|. 2005.
� 4313]-13.27.
�
� ���
.
Memorandum toBoard September 23.2005 Page
Funded research would also develop techniques forpnopago1inQnoaim1antp|antmthatmou|d
be replanted in infested District forests.
RECOMMENDATION 3: PROTECTION OF HERITAGE TREES
Fungicide Treatment
There is currently no feasible method of treating many trees over large distances to provide
protection from the SOD pathogen. A phosphite fungicide treatment has been developed, however,
it has limitations for use inwi|d|andsettings. |t works mn oaks and tanomka but not on the dozens of
other fo|imr SOD host species common in the Santa Cruz Mountains. At this time, no treatment has
been developed for bays, which are usually the primaryoourue of SOD spores that blow throughout
the forest and infect other plants. Thenehore, treatment with the phosphite fungicide is unlikely to stop
�
the spread of SOD infestation but could save individual trees. The fungicide treatment stops the
� infection in the tree, but it does not kill the pathogen, therefore each individual oak tree must be
� injected The treatrnartim only ef�»ctiwe �the tree has
� ^ ` '
not been infected or has been infected less than one year. Therefore, the treatment imconsidered
� preventative but not acura.
� COMTF recommends the fungicide treatment be used for individual trees of significance (heritage) or
� to prevent high risk. In wildland settings, COMTF recommends the focus should be on containing the
infection by preventing human-caused spread until the mechanisms of spread and tree resistance
are better understood and a feasible method for stand-level silvicultural treatment is developed.
Survey&Treatment of Heritage Tree
To address the concern of protecting heritage trees from the S[)C} pathogen, the District could bake
the following steps: identify any healthy coast live, canyon, Shreve or black oak ortunoak trees of
heritage size (diameter of4O inches or greater at height of4.5feet above ground audaoa\. and onan
annual basis treat those trees with the appropriate fungicide (or any subsequently approved chemical
or treatment method) and monitor their health. At the same time, staff recommends that trees that
present a high safety risk (e.g. oaks near cmmpgrounds, buildings and congregation areas) be
likewise identified and treated.
COST AND SCHEDULE ESTIMATE
Surveying for resistant trees, collecting and propagating resistant p|anto, and protection of
heritage trees on District preserves is not included in the current Action Plan or the Five Year
Resource Management Strategic Plan. Assuming that the Board approved these
recommendations, staff will return to the Board before the end of the calendar year with cost
and schedule estimates for programs to survey for and no||eo1 material from SOD resistant trees
and protect heritage trees. At that time aCEQA evaluation will be prepared for
Recommendations and3.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-105
Meeting 05-21
September 23, 2005
AGENDA ITEM 3
AGENDA ITEM
Use&Management Committee Recommendations Regarding Removal of Slender False Brome at
Thornewood, La Honda Creek and El Corte de Madera Open Space Preserves
USE&MANAGEMENT COMMITTEE RECOMMENDATIONS
1. Fully fund a resource management program with the goal of successfully eradicating slender false
brome in three years from Thornewood,La Honda and El Corte de Madera Open Space
Preserves.
2. Conduct semi-annual treatment of slender false brome in the District's preserves with an
herbicide deemed effective and appropriate in the professional opinion of resource management
staff.
3. Review,test and implement other control methods, as appropriate, in the professional opinion of
resource management staff.
4. Apply for grants to assist in the funding of control of slender false brome.
5. Petition the State of California to reclassify slender false brome as a Category A or B noxious
weed.
6. Coordinate eradication efforts with Caltrans,the Town of Woodside,the San Mateo County
Weed Management Area and other agencies to achieve successful eradication.
7. Implement a pilot program to control slender false brome on private lands immediately adjacent
to Thornewood Open Space Preserve,where such control is necessary for eradication on the
preserve to be successful.
8. Determine that the recommended actions, numbers 1 through 6,are categorically exempt from the
California Environmental Quality Act for the reasons set out in this report.
BACKGROUND
The Use and Management Committee("U&M Committee")met on August 25, 2005 to discuss the status
of and potential future actions regarding slender false brome(Brachypodium sylvaticum),an invasive
grass at the Thornewood Open Space Preserve and on surrounding private Woodside property.
DISCUSSION
At the August 25, 2005 U&M Committee meeting, staff provided general background on slender false
brome, its status on District preserves, and updated information from researchers in Oregon where slender
false brome has become a serious problem. A current map of known locations of slender false brome in
the Woodside area is attached.
R-05-105 Page 2
The U&M Committee discussed how the District might assist in the removal of slender false brome from
private property in order for eradication on the Thornewood Open Space Preserve to be successful and to
stop it from spreading back onto the preserve. U&M Committee members were concerned about slender
false brome spreading extensively as it has done in Oregon. ***They asked if biocontrol agents were
available,pre-emergent herbicides could be used,nonprofits could assist in control of slender false brome
on private property,the Oregon researchers would write letters of support,and about production of an
illustrated brochure to inform neighbors about what they should do and why.
The General Manager suggested the committee consider closing the Thomewood Preserve for three years
if they felt this was an emergency situation. This is a suggestion that could also be discussed by the full
Board, but is not a recommendation of the U&M Committee at this time.
U&M Committee members concurred that,based on what has happened in Oregon, slender false brome
threatens to seriously disrupt the redwood forest of the Thomewood Preserve and natural conditions of
other District preserves. They further concurred that without its removal on adjacent private property in
Woodside,the potential for reinvasion onto the Thornewood Preserve and possible spread to other
District preserves with concurrent disruption of natural processes will remain a serious threat. Because
the current extent of slender false brome in California is greatly limited and because control methods are
feasible,a pilot program to control slender false brome on Woodside lands, on and outside of the District
preserves, would be consistent with and beneficial to the District's mission to operate and maintain a
system of open space preserves, and is necessary to have a successful program.
As a result,the overall consensus of the U&M Committee members was that the District should do more
to successfully eradicate slender false brome in the Thornewood Preserve and at other preserves where it
exists. The Committee concluded that the District should explore methods to remove this invasive grass
from adjacent private property where such removal is needed in order for eradication to be successful on
District land. Progress should also be made on other steps regarding additional treatment, grant
applications,and a noxious weed reclassification;however,these are to be considered a secondary level
of effort.
The attached staff memorandum provides additional information regarding the threat of slender false
brome and background information and analysis regarding each of the seven U&M Committee
recommendations.
COST AND SCHEDULE ESTIMATE
An increased level of effort in controlling slender false brome on District preserves and adjacent private
properties is not included in the current Action Plan or the Five Year Resource Management Strategic
Plan. If the Board adopts the U&M Committee's recommendations, staff will return to the Board before
the end of the calendar year with cost and schedule estimates for implementing the Board's directives,
and any additional CEQA review required prior to implementing Recommendation Number 7 in this
report. This wo
uld include budget increase recommendations to accomplish the project.
CEO A COMPLIANCE
The project consists of the District's program to remove slender false brome as set out in
Recommendations 1 through 6 of this report. The District's program to control approximately 40 acres of
slender false brome on Thornewood, La Honda and El Corte de Madera Preserves consists of herbicide
spraying, and removal of plants by hand and technical methods. Spraying will be consistent with all label
requirements for the approved herbicides, such as not spraying in sensitive areas, avoiding weather
conditions that might result in drift, and avoiding native plant species. Staff will only use such approved
g g y P P PP
R-05-105 Page 3
herbicides and control methods as will avoid any potential significant environmental effects. No rare
animal or plants species are known to occur within the slender false brome target areas of Thornewood,
La Honda and El Corte de Madera. Only aquatic approved herbicides or hand or mechanical methods
will be used at and adjacent to Schilling Lake, Dennis Martin Creek and other water bodies. Each site
that has received consistent control efforts for three consecutive years will be evaluated for restoration
with native vegetation,and seeding or installation of native plants will be initiated where sun and
understory conditions are appropriate. Therefore,this program will not have the potential to result in any
significant environmental effects.
The District concludes that the District's program on Thornewood, La Honda and El Corte de Madera
Preserves to control approximately 40 acres of slender false brome is categorically exempt under CEQA
Guidelines Section 15304(Class 4 Minor Alterations to Land). Class 4 covers minor public alterations of
land,water, and/or vegetation that do not involve the removal of healthy, mature, scenic trees or grading
on slopes greater than 10 percent. Removing the invasive slender false brome grass from these preserves
to protect native redwood forest and wildlife habitat is consistent with subsection(d)of this section
regarding minor alteration of vegetation on wildlife management areas for improvement of habitat.
CEQA Guidelines Section 15300.4 provides that public agencies shall list specific activities which fall
within each exempt class and which are consistent with the intent of the classes as described in the state
guidelines. Under the District's Guidelines for Implementation of the California Environmental Quality
Act,the District has determined that certain day-to-day projects qualify for categorical exemptions from
CEQA, including minor resource management projects(e.g., removal of exotic species and revegetation).
Therefore, this program is consistent both with State CEQA Guidelines Section 15304 and the District's
CEQA Guidelines.
PUBLIC NOTIFICATION
A copy of the agenda was sent to persons requesting notification of resource management items,the City
Manager of the Town of Woodside,the San Mateo County Agriculture Commissioner, the California
Department of Food&Agriculture, and neighbors of Thornewood Open Space Preserve.
Prepared by:
Cindy Roessler,Resource Management Specialist
Contact Person:
Same as above
Attachments: Locations of Slender False Brome in the Woodside Area
Memorandum: Threat of Slender False Brome to Thornewood&Other District Preserves
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Memorandum
To: Board of Directors
From: Craig Britton,General Manager
Prepared by: Cindy Roessler, Resource Management Specialist
Date: September 23, 2005
Re: Threat of Slender False Brome to Thornewood and Other District Preserves
At the Use& Management Committee("U&M Committee") meeting on August 25, 2005, the status of
slender false brome (Brachypodium syivaticum), an invasive grass in the Thomewood Open Space
Preserve and surrounding Woodside neighborhood, was considered. U&M Committee members
moved that the following action items be recommended to the full Board for consideration:
1. Fully fund a resource management program with the goal of successfully eradicating slender
false brome in three years from Thornewood, La Honda and El Corte de Madera Open
Space Preserves;
2. Conduct semi-annual treatment of slender false brome in the District's preserves with an
herbicide deemed effective and appropriate in the professional opinion of resource
management staff;
3. Review, test and implement other control methods, as appropriate, in the professional opinion
of resource management staff;
4. Apply for grants to fund control of slender false brome;
5. Petition the State of California to reclassify slender false brome as a Category A or B noxious
weed;
6. Coordinate eradication efforts with the Town of Woodside, the San Mateo County Weed
Management Area and other agencies to achieve successful eradication;
7. Implement a pilot program to control slender false brome on private lands immediately
adjacent to Thornewood Open Space Preserve, where such control is necessary for
eradication on the preserve to be successful.
U&M Committee members concurred that, based on what has happened in Oregon, slender false
brome threatens to seriously disrupt the redwood forest of the Thornewood Preserve and natural
conditions of other District preserves. They further concurred that without its removal on adjacent
private property in Woodside, the potential for reinvasion onto the Thornewood Preserve and
possible spread to other District preserves with concurrent disruption of natural processes will remain
a serious threat. Because the current extent of slender false brome in California is greatly limited and
I
Memorandum to Board September 23,2005 Page 2
because control methods are feasible, ~ pilot program ^~control slender false ~~'~ ~''Woodside
� lands, on and outside of the District preserves, would be consistent with and beneficial to the
District's mission bz operate and maintain a system of open space preserves, and ie necessary to �
have a successful program. �
This memorandum provides additional information regarding the threat of slender false brome and �
�
background information and staff analysis regarding each of the seven U&M Committee
noomnnrnendoU|ona.
THREAT OF SLENDER FALSE BROME
Slender False Brome In Oregon
Slender false bromeiea perennial grass originally from North Africa and Eurasia that reproduces
only byseed. Although originally observed in Oregon in 1939, in the past 15 years slender false
brome has spread to over 10,000 acres where it thrives in both sunny and shady conditions in a wide
variety of field conditions, including meadows, roadsides, coniferous forests and streamsides. In
Oregon, this nonnative grass forms stands of up to ninety percent cover that outcompete and
exclude native grasses and herbaceous plants and change the composition of forest undenatory. In
meadows outside Cmn/oUe. Oregmn, slender false bronne is replacing the host lupine plants of
Fender's blue butterfly, and may reduce the already limited range of this federally endangered
species. Some researchers observe that slender false brome may ba inhibiting the establishment
and growth of tree seedlings during reforestation efforts by exploiting soil moisture, appears not to be
browsed by wildlife, may reduce forage quality for livestock on rangeland, and may change fire
regimes by building up a heavy layer of thatch, although the grass itself resprouts within a few weeks
� of burning. Slender false brome has spread so widely that Oregon agencies and landowners
!
concentrate on spraying newmndea ieUydestruoUvepopu|mtionn. andprevenbngeddhNono|
spread bv cleaning boots and machinery and keeping it mowed along roadsides, rather than
attempting full scale eradication.
Slender False Brome In Woodside Area
� Slender false brorne was first identified as occurring in the ThonnewoodPreserve and the
surrounding residential neighborhood in January 2DD4. Staff has indications that the grass may have
been present in the Thornewood Preserve area for as long as ten years, but do not know how and
where bfirst established in the Woodside area. Recent genetic tests preliminarily indicate that the
Thomnevvood population of this grass ionot a clear match with the Oregon populations, soit may not
| have been introduced from Oregon.
|
Approximately 40 acres of slender false brome have been mapped and treated on the Thornewood
Preserve with less than one acre occurring stLa Honda and B Corte de Madera Preserves. Based
on staff observations from the preserve boundaries, public roads, and from those properties which
owners have requested advice, staff estimates that an additional 25to45 acres exist onadjacent
private property.
In the Woodside area, staff has found slender false brome growing in dense lines along roads,
� recreational trails and game trails, and as small patches to dense hillsides in sunny yards, and in
sunny to semi-shady light gaps of redwood forests.
Memorandum to Board September 23,2005 Page 3
Conclusions Regarding Threat of Slender False Brome to District Preserves
Although the infested Willamette Valley and Cascade foothill regions of Oregon have a different
climate than the central coast of California, the flexibility of this grass indicates that, with time, slender
false brome could spread as extensively in California as it has in Oregon and cause similar problems
to the natural systems and timberland and ranging interests in the state. Staff,therefore, considers
slender false brome to be a serious threat to the redwood forests of Thomewood, to other District
preserves, and possibly to many other natural areas, rangelands and timberlands of California. Even
if the District successfully removes all slender false brome from its preserves, there is a high
probability that the preserves will be reinfested if plants are left on adjacent private properties.
RECOMMENDATION 1: SLENDER FALSE BROME ERADICATION ON DISTRICT
PRESERVES
District staff has reviewed published information, and discussed and met with Oregon researchers to
better understand the behavior of this plant and assess how their research on control methods may
apply to California. At the present time, spraying with glyphosate (commonly known as Roundup
Pro®) is the best method to control large areas of this grass on an immediate basis. Approximately
40 acres of slender false brome have been sprayed twice with glyphosate herbicide in the
Thornewood Preserve with some locations along trails and creeksides being pulled out by hand.
Initial treatments killed most well established plants, and follow-up treatments are eliminating the
seedlings that subsequently sprout from seeds still remaining in the soil. Small stands of slender
false brome subsequently found in La Honda and El Corte de Madera Open Space Preserves were
sprayed this year.
Staff recommends continuing to use both herbicide spraying and hand removal of slender false
brome in District preserves. Spraying will be consistent with all label requirements for the approved
herbicides, such as not spraying in sensitive areas, avoiding weather conditions that might result in
drift, and avoiding native plant species. No rare animal or plants species are known to occur within
the slender false brome target area of Thornewood, La Honda and El Corte de Madera. Only aquatic
approved herbicides or hand or mechanical methods will be used at and adjacent to Schilling Lake,
Dennis Martin Creek and other water bodies. Each site that has received consistent control efforts
for three consecutive years will be evaluated for restoration with native vegetation, and seeding or
installation of native plants will be initiated where sun and understory conditions are appropriate.
RECOMMENDATION 2: SEMI-ANNUAL TREATMENT
Observations over the past year indicate that fog drip or other conditions in the central coast of
California provide a long growing and germination season for slender false brome, thus staff could
start treating it several times a year.
Staff recommends that monitoring of the growth patterns of slender false brome in District preserves
be increased and plants be treated on a more frequent basis.
RECOMMENDATION 3: OTHER CONTROL METHODS
It may be possible to use either pre-emergent herbicides (which kill seeds in the soil before they
germinate) or grass-specific herbicides (which do not affect other types of plants). In experiments
conducted in Oregon, super-heated foam (corn syrup and coconut oil) applied by a machine
developed by the Waipuna Company was also found to kill slender false brome. This method may
work on properties where the outbreaks of slender false brome are located close to roads where
Memorandum toBoard September 23,2005 Page
there is ease of access for the Waipunmequipment. Costs for this method may be higher and
availability of equipment is sometimes limited.
Staff recommends that the effectiveness of other control methods be investigated, and, if no
significant adverse effects are revealed, these methods be implemented. |f methods have the
potential 10 result in any significant adverse environmental effect, additional environmental review
would occur prior to their implementation.
RECOMMENDATION 4: GRANT FUNDING
�
The San Mateo Weed Management Area led m public education effort on slender false brorna �
� by holding o meeting in Woodside in April 2004vvbh informational notices mailed to approximately �
� 4OO addresses in the vicinity ofThornevvmod. With the primaryassistance of District staff, this �
� education outreach has expanded over the past 19 months toinclude: �
� * Posting of illustrated notices at the preserve trailheads and Sky Londa market bulletin board �
� * Writing newspaper articles and providing information for the South Skyline Association and
Old Lm Honda Road Association newsletters �
� * Posting information on websites of the District, the California Invasive Plant Council, The
� Nature Conservancy, and the Oregon False BrorneWorking Group
* Sharing information at meetings of the local and state weed management areas, and the
California Native Plant Society
* Contacting the California Department of Transportation (Caltrans), County Parks and the �
Town of Woodside with information and requests to survey for and control slender false
hnome
~ Making presentations at community meetings for the South Skyline Association and the Old
La Honda Road Association
r Meeting with neighbors on their properties when requested, confirming and mapping the
presence or absence of slender false brome, and teaching residents how to identify and
control slender false bnzme
^ Surveying and updating GIS maps showing all known locations of slender false brome in the
Woodside area
A few homeowners in the vicinity of the Thornewood Preserve have requested advice on slender
false brome from the District and subsequently sprayed slender false brome or removed it by hand
from their property.
By Fall of2OO4. it was evident that most residents in the Thonnevvood area would need additional
incentives ho control slender false brorneon their property. The San Mateo County VVK8A submitted a
� grant proposal 10 the National Fish and Wildlife Foundation for public education, mapping, advice 10
�
landowners, and to hire licensed contractors to remove slender false brome in the Woodside area.
Requesting $25,000 under the Pulling Together Initiative to help local communities effectively
manage plant invaders, the grant proposal advanced to the second stage of review in late winter.
The VVK&4 was notified in June 2OO4that even though the proposal was well written, it was not
funded because neither federal partners nor federal land were directly involved and the Pulling
Together Initiative funds were limited this year.
� The District or WMA could resubmit the grant to the National Fish and Wildlife Foundation, although it
� is unlikely the application will be awarded until such a time as the Pulling Together Initiative receives
greater funding. Other grant programs are available which fund invasive plant control. Staff
recommends a grant writer be hired to further investigate such grant programs and two grant
�
�
.
. .
Memorandum toBoard September23,2005 Page
applications be submitted over the next three years to assist with funding control of slender false
brome on District preserves, adjacent private lands, and related public outreach and coordination
| 1mnhe.
RECOMMENDATION 5: RECLASSIFICATION AS A STATE NOXIOUS WEED
Upon initial identification ofthis plant in the Thornexwzod Preserve in2OO4. the Plant Health and Pest
Prevention Division of the California Department of Food and Agriculture (CDFA) confirmed that this
was its only known location in California and designated it as Cl-ratedvveed. California has
system for rating and prioritizingcontrol mf noxious weeds in the state. A rating of Category Ais
normally given to invasions of new species of weeds with limited distribution and a good potential for
complete eradication from the state. State and the appropriate County Agriculture Commissioners
share the responsibility for eradicating and containing A-nm1ed weeds, and keeping it out ofthe
nursery trade. A rating of Category Bio for noxious weed species that are more widespread, and
their eradication, containment and control are possible within large sections of the state although
maybe not throughout the entire state. Control ofE-mmtedweeds is directed by the County Agriculture
Commissioners, while the state enforces restrictions in the nursery trade. New weeds which appear
to be potentially aggressive or invasive are temporarily given a Q-rating until a thorough survey
throughout the state determines their distribution and potential for eradication, control and
containment wherein they may be moved up to a Category Aor B rating.
Reclassifying slender false bromeos either a Category AorB weed could provide greater profile to
controlling this grass and may further enlist participation of the San Mateo County Agriculture
Commissioner and C[)FA. At the present time, staffs conclusion io that neither of these agencies
has sufficient funds to undertake control efforts. However, they are likely to encourage coordination
with landowners rather than invoke their legal abatement authority authorized by a Category A or B
noxious weed rating.
Staff recommends that the District (or San Mateo County WMA, at the District's urging) petition the
California Department ofAgriculture to reclassify this invasive grass, and provide sufficient evidence
that the grass is not widespread in other locations of California and its eradication is feasible. The
petition and review process could take several years.
RECOMMENDATION 6: COORDINATION WITH OTHER AGENCIES
After being contacted by District staff, Caltrans has been spraying slender false brome along its right-
of-wayonHighxvay84. To date, the Town of Woodside has not been able to participate in
discussions about the problems posed by slender false brome, controlling it along several roadways
within Woodside jurisdiction, or coordinating with Woodside residents.
Staff recommends that the District continue attempts to coordinate with Caltrans, San Mateo County
Parks, the Town of Woodside, the San Mateo County VVMA and other appropriate agencies.
RECOMMENDATION 7: SLENDER FALSE BROME ERADICATION ON DISTRICT PRESERVES
AND ADJACENT PROPERTIES
Staff recommends that a contractor be hired to coordinate and implement a slender false brome
control program on private property adjacent to District preserves, A similar approach tousing
herbicides, hand removal and mechanical methods as on Thornewood Preserve will be implemented
with precautions to protect native plants and landscaping. The contractor would be responsible for
�
Memorandum to Board September 23,2005 Page 6
coordinating a public outreach campaign and follow-up monitoring and control with participating
residents.
COST AND SCHEDULE ESTIMATE
An increased level of effort in controlling slender false brome on District preserves and adjacent
properties is not included in the current Action Plan or the Five Year Resource Management
Strategic Plan. If the Board adopts the U&M Committee's recommendations, staff will return to
the Board before the end of the calendar year with cost and schedule estimates for
imp
lementing the Board's directives and an necessary additional CE A review for
Y rY
Q
Recommendation Number 7.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-115
j Meeting 05-24
October 26, 2005
AGENDA ITEM 3
AGENDA ITEM
Report to the Board on New Directives Regarding Sudden Oak Death and Slender False Brome
ACTING GENERAL MANAGER'S RECOMMENDATION
No formal action is necessary.
DISCUSSION
At the September 28, 2005 Board Meeting, Board directed staff to add the following tasks to the
District's Work Program recommended by the Use and Management Committee:
A. Sudden Oak Death:
l. District Staff, working with a consultant, to initiate a program to identify, flag, tag
and map trees on District lands that appear resistant to Sudden Oak Death (SOD).
2. Investigate effectiveness of collecting tissue samples from resistant trees, if feasible.
3. District staff to initiate a program to protect heritage trees on District lands from SOD
infection by application of an appropriate and effective fungicide or other approved
SOD treatment as determined by staff.
4. Investigate funding measures for bio-control, collaboration and education
development with other agencies.
B. Slender False Brome:
1. Fully fund a resource management program with the goal of successfully eradicating
slender false brome in three years from Thornewood, La Honda and El Corte de
Madera Open Space Preserves.
2. Conduct semi-annual treatment of slender false brome in the District's preserves with
an herbicide deemed effective and appropriate in the professional opinion of resource
management staff.
3. Review, test and implement other control methods, as appropriate, in the professional
opinion of resource management staff.
4. Apply for grants to assist in the funding of control of slender false brome.
5. Petition the State of California to reclassify slender false brome as a Category A or B
noxious weed.
6. Coordinate eradication efforts with Caltrans, the Town of Woodside, the San Mateo
County Weed Management Area and other agencies to achieve successful eradication.
1
R-05-115 Page 2
7. Implement a pilot program to control slender false brome on private lands
immediately adjacent to Thornewood Open Space Preserve, where such control is
necessary for eradication on the preserve to be successful.
C. Actions taken since September 28, 2005:
In the past three weeks, staff has drafted task lists and schedules to implement these
directives and reprioritized and reassigned projects, taking care to recognize appropriate
time periods for completing certain tasks.
D. Actions to be taken in the next two months:
1. Hire a temporary research intern to investigate methods to identify SOD resistant trees
and heritage trees.
2. Coordinate with West Valley GIS interns to develop a pilot mapping program to
record SOD resistant trees.
3. Conduct preliminary screening for SOD resistant trees.
4. Develop a scope to hire a consultant to design a comprehensive treatment program for
slender false brome.
5. Determine what environmental review processes and permits may be required to
accomplish these new assignments.
E. Projects being postponed in the Operations and Planning Departments in order to
accomplish these two programs:
I. Restoration of the former tree farm at Skyline Ridge Open Space Preserve.
2. Implementation of the next step of a GIS-based invasive plant-tracking program.
3. Survey of other land management agencies regarding improving the District's best
management practices.
4. The increase to the grass seed contract.
5. Use and Management Plan for the Alpine Road properties of Skyline Ridge Open
Space Preserve.
6. Resource Management Policy Development (Grazing and Grasslands).
7. Unknown impacts to field staff projects.
Staff will return to the Board on December 14, 2005 with a more detailed timeline to
accomplish these new assignments.
Prepared by:
Cindy Roessler, Resource Management Specialist
Contributions by:
Kirk Lenington, Resource Planner
Contact person:
Craig Britton, General Manager
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Memorandum
To: John Maciel
From: Cindy Roessler and Kathleen Jones
Date: January 28, 2005
Re: Sudden Oak Death Science Symposium,January 2005
Background
Sudden Oak Death(SOD) is a plant disease that is causing large-scale dieoff of oaks in the forests of
coastal California. Santa Clara, San Mateo and Santa Clara counties are among the 14 California
counties known to harbor the infestation, along with a small area in southern Oregon. On
Midpeninsula Regional Open Space District lands, SOD has been confirmed in the following
preserves: Coal Creek,La Honda, Long Ridge,Monte Bello,Russian Ridge, Saratoga Gap, Sierra
AzuI/Loma Prieta, Skyline Ridge, and Thomewood.
SOD is a fungus-like pathogen (Phytophthora ramorum) that infects the wood of and kills tanoak,
coast live oak,black oak, canyon live oak, and Shreve's oak (a/k/a interior live oak). It also infests
the leaves and stems of many other common native tree and understory plants in our mixed
evergreen forests, including California bay, madrone, manzanita, and huckleberry, but does not kill
these foliar hosts. California bay leaves are probably the source of the greatest amount of SOD
inoculum in Coastal California forests. Currently there are 751 species known to be hosts of SOD
and this list continues to grow. SOD has been found primarily in wildland areas and on the urban-
wildland edge, but is not present in urban areas.
The SOD pathogen is also found on nursery plants, most notably rhododendrons. It is speculated
that the SOD pathogen was accidentally introduced to California forests by infected nursery plants
imported from a foreign country.
Genetics
The SOD pathogen belongs to the genus group of Phytophthoras that are well known to cause many
different types of plant diseases. Phytophthora ramorum, however, is unusual in causing large-scale
dieoff in natural settings, and because it can infest so many different types of plants. The SOD
pathogen discovered in 13 countries of Europe is a different strain than that found in California, and
has been found mostly in European nurseries and gardens. Recently, SOD infections have been
found in nine forest trees at three sites in Cornwall, England. The SOD infestations in North
I Revised to 75 species August 2005
America and England are assumed to be from separate introductions. There is some concern that if
g
the North American and European strains are allowed to mix, a more virulent pathogen may
develop.
During field surveys for SOD, other Phytophthora species have been discovered (including in the
Santa Cruz Mountains) that have similar symptoms and sometimes the same host species. The other
Phytophthora species recently discovered are thought to be endemic and do not cause large-scale
dieoff in forests. A more virulent Phytophthora species (P. kernoviae) has also been discovered in
gardens in Britain, but has not been detected in the United States.
Vectors
The vectors that spread SOD to new natural areas are not known for certain, but most spread seems
to occur in proximity to known infections; probably by spores carried by wind-blown rain, splashing
of raindrops and stream flows. Recent studies indicate that the pathogen can survive in soils in a
ICI g p P
hard-shelled dormant state (called chlamydospores) for over a year, particularly below the soil
surface where temperature and moisture levels are not as harsh during the summer.
Recent studies also indicate that humans might be spreading SOD through recreational activities.
During the rainy season in a popular Santa Cruz County park,the pathogen was found in 40-60% of
soil samples taken from trails, and in 40-95% of soil samples taken from hikers' shoes. During the
dry summer months at the same park, no pathogen was detected in trail soil or in soil taken from
hikers' shoes. In other studies, soil from car and mountain bike tires has tested positive for P.
ramorum after these vehicles traveled on dirt roads through infested forests.
0
In 2003 in Sonoma County, researchers found spores of the SOD pathogen on 45/o of samples taken
from trails through grasslands (where no SOD hosts occur), but on 0% of samples taken from soils
two meters off these trails. In a 2004 study, also in Sonoma County, a significantly greater
proportion of bay trees showing SOD symptoms were found in areas with high visitation rates than
in bay trees in areas with low visitation rates. Monitoring of one public garden in England also
found SOD infections along a number of public pathways.
In the past two years, an intensive effort has been made to identify any new counties with SOD. The
infections seem to be spreading slowly, possibly due to relatively dry years. Most new infected sites
were found within 6 miles of known infected sites. One study in an infested area of Marin County
found the average spread of the disease within an infected site to be approximately 6 feet between
2001 and 2003, and the average density of SOD symptoms to increase from 13 to 40 stems per acres
in the same time period.
Treatment
No treatment is currently available to kill the SOD pathogen on a large (forest) scale. Fungicides
(phosphonate, Agri-Foso) have been approved for use in California for annual treatment of
individual trees to prevent infection or to control the spread of an early-stage infection.
Agri-Fos may not be a solution for wildland situations on our preserves because:
• Each individual tree needs to be injected or sprayed every year.
2
I
• Treatment is only effective when infection is less than one year.
• Spraying fungicide does not appear to work on tan oak,the type of oak more frequently
infected in Santa Cruz Mountains.
• Fungicide is not tested on other SOD hosts including California Bay Laurel, which is
probably the source of most infections to other trees.
• Fungicide stops infection in the tree but does not kill the pathogen.
The fungicide is currently being recommended for use on high-value trees, such as on private lands
or on trees around high-use facilities on public lands like campgrounds.
Research
Existing research focuses primarily on: (1) the genetics and laboratory methods for detecting the
SOD pathogen, (2) early detection in risk areas that are not close to known infected areas and that
have appropriate host species and climatic conditions, and (3) control of the SOD pathogen in
nursery settings.
Funding to address SOD totaled more than$28 million in 2004. Congress allocated $9.89 million in
federal SOD appropriations for the 2005 fiscal year.
Most of these research areas are not directly relevant to managing the spread of SOD in MROSD
preserves. Much less research is being conducted on how to respond to SOD in infested areas. The
California Oak Mortality Task Force maintains an excellent website (www.suddenoakdeath.or ) and
recently has produced several pamphlets guiding recreationists, arborists, and firefighters on
precautions to take in SOD-infested areas.
MROSD Current Actions
District staff is trained in detecting SOD and submitting samples to the state laboratories. Every
year during the wet season, trained staff target newly suspected areas for monitoring and collection
of samples.
In January 2005, District staff adopted a written set of field practices for limiting the spread of SOD
on District preserves. Procedures are specified for cleaning equipment and preventing the relocation
of potentially contaminated vegetation and soils. To our knowledge, these are the only written
procedures prepared by any public land management agency regarding staff procedures and SOD.
District staff will be presenting these procedures at the California Park Rangers Conference in March
2005 and would like to share them in a forum with the Bay Area Open Space Council.
MROSD Future Actions
• Review SOD signs at District preserves. Revise content and posting locations, if necessary.
• Provide educational workshops to District docents and field volunteers and to hiking groups that
frequently visit District preserves, to provide guidelines on preventing the spread of SOD.
• Post information on the District website.
• Revise field practices, if necessary.
3
II
• Continue monitoring and sampling.
• Continue participating in a statewide Early Detection Study, including sampling by researchers
on District preserves.
• Continue training of staff.
j
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Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-124
Meeting 05-27
December 14, 2005
AGENDA ITEM 4
AGENDA IT EM
Approve "Mid-Year" Amendments to the 2005-2006 Fiscal Year dget
GENERAL MANAGER'S RECOMMENDATIONS
l. Accept the District Controller's Mid-Year Financial Report.
2. Approve the attached Resolution implementing an amendment to the 2005-2006 Fiscal
Year Budget in accordance with the Administration and Budget Committee
recommendation.
3. Approve the following position changes: an additional Ranger position, a new Resource
Management Coordinator position, Accounting Clerk position at full-time, and a GIS
Intern in the Planning Department.
DISCUSSION
The 2005-2006 Fiscal Year Budget was approved at the March 23, 2005 meeting(R-05-37). The
Administration and Budget Committee (ABC) met on November 28, 2005 to review annual mid-
year budget adjustment proposals and to discuss the following:
1. Fiscal year 2004-2005 year-end summary of actual versus projected expenditures.
2. Fiscal year 2005-2006 budget analysis and proposed mid-year adjustments.
3. Controller's report on the mid-year budget income and expenditures.
Staff recommended adjustments to specific budget categories based on current spending,
progress to date on major projects, unanticipated changes in planned activities, new project
requirements, and previous Board-approved changes. The Board-approved changes made prior
to this mid-year budget adjustment include: $25,000 for cleanup at the Peninsula Open Space
Trust (POST) Forde property, $66,512 for the General Liability and Workers Compensation
program insurance retro deposits and the three-year Pollution Program premium, $55,000 for the
legal dispute at Coal Creek Open Space Preserve, $73,700 for the POST Driscoll property soil
study, and $48,500 for the retroactive salary adjustments for Represented employees. When
these budget items were approved, the Board designated the New Land Purchases account for the
allocation of funds as needed.
Since the ABC meeting, two additional minor adjustments were made to the budget: $500 in
Permits, Licenses, and Property Taxes for payments per the Fire Services Agreement with San
R-05-124 Page 2
Mateo Count and $1 000 for a new computer in the Planning Department due to an
, g p
Y p
unanticipated computer failure. Savings in other departments offset these new increases.
Overall, the mid-year changes will result in no net change to the Approved Budget of
$38,558,290. The changes will affect the operating budget, bringing the new operating budget to
$9,782,629, a 10.9% increase as compared to the 2004-2005 fiscal year approved operating
budget.
The mid-year budget includes funding for a new Ranger position to hire in January 2006, a new
Resource Management Coordinator position to hire in March 2006, a GIS intern for the Planning
department, and the increase of the Accounting Clerk from 80%to full-time starting January 1,
2006. Originally planned to begin in fiscal year 2006-2007, the new Ranger position will
provide necessary patrol services for newly acquired coastal properties and is part of the
Coastside Protection Program staffing plan. The Resource Management Coordinator position is
included in the long-term Operations staffing plan and is recommended to start this year to
facilitate the unanticipated resource management efforts addressing Sudden Oak Death (SOD)
and slender false brome. The job description for this position will be brought before the Board at
a later date prior to recruitment. The GIS intern will assist the Planning department starting full-
time in January. Bringing the Accounting Clerk from 80%to full-time will allow the
Accounting department to better respond to increased payroll duties, additional responsibilities in
the annual audit, additional duties related to Guadalupe Land Co. and special events„ and to fully
utilize the range of the reporting capabilities of Fundware, the District's accounting software.
The following is a summary of the significant budget adjustments being proposed at this time:
• An additional $111,982 in Salaries and Benefits to pay for the new positions discussed
above, merit and cost of living increases for Board appointees ($39,793), General
Manager Appointees ($21,475), the Worker's Compensation retro deposit ($34,169),
unanticipated unemployment claims ($7,400), and increased Director's Fees as a result of
additional meetings ($6,000).
• An additional $50,000 in Legal Services for the Coastside Protection Program litigation.
• An adjustment of$2,783 in Outside Services for a T1 line at the Administrative Office.
• A net decrease of$96,178 in Contract Services because the Coastside annexation process
is complete and other minor adjustments.
• A decrease of$10,000 in Rents and Leases due to deferring rental equipment for tree
removal work at Skyline Ridge to fund additional work for SOD.
• An increase of$9,000 in Utilities in response to higher rates for gas and electric.
• An increase in Postage of$3,900 because of additional mailings for meetings.
• An increase of$33,286 in Insurance for the General Liability retro deposit and the three-
year Pollution Program premium previously approved by the Board (R-05-52).
• An additional $900 in Advertising for Good Neighbor Policy notices.
• A decrease of$1,200 in Maps and Aerials because of the Tri-County Updates.
• An increase of$700 in Private Vehicle expenses because of an increase in the IRS
mileage reimbursement rate.
• An increase of$25,000 in District Vehicles because of increased fuel costs.
• A decrease of$800 in both Business meeting and Personnel Development costs because
of anticipated savings.
R-05-124 Page 3
0 An increase of$3,850 in Computer expenses for additional supplies and a new computer.
* A $1,250 decrease in Office Supplies/Small Equipment due to savings from using
existing furniture.
0 A $5,400 decrease in Field Supplies/Small Equipment because of a transfer of monies to
conduct SOD research.
0 An increase of$16,900 in Outside Maintenance Services to repair the drainage problem
at the Administrative Office and for the barn demolition at Stevens Canyon Ranch.
0 An increase of$1,440 in Permits, Fees, and Property Taxes for increased assessment fees
from the Santa Clara Vector Control District (R-05-63) and the payment per the Fire
Services Agreement to San Mateo County for the purchase of the Miramontes property.
* A decrease of$2,500 in Communications—Publications as a result of savings from
publishing fewer brochures.
0 A decrease of$244,880 in New Land Purchases for previous Board-approved
adjustments.
0 An increase of$194,700 in Real Property Support Costs for the legal dispute at Coal
Creek OSP, the soil survey at POST—Driscoll Ranch, and unanticipated appraisal costs.
0 A decrease of$20,000 in savings in administering the Guadalupe Land Company.
0 Savings of$71,133 in Structures and Improvements because of postponing the HVAC
repair at Skyline Field Office, the Pulgas Ridge OSP Staging Project coming in under-
budget,NRDA settlement postponed, and savings from the Benson cabin demolition.
Controller Mike Foster's status report indicates that mid-year spending levels are on track as
compared to prior years. The Controller's detailed report is attached.
Prepared by:
Michelle Jesperson, Management Analyst
Contact person:
Sally Thielfoldt, Assistant General Manager
EXHIBIT A
Midpeninsula Regional Open Space District
Mid-year Budget for Fiscal Year 2005-2006
Proposed Amended Mid-Year
Budget Amount Budget
I. Revenues
A. Tax Revenues 18,682,000 18,682,000
B. Grant Income 3,230,000 3,230,000
C. Interest Income 1,110,000 1,110,000
D. Property Management-Rental Income 813,000 813,000
E. Other Income 20,000 20,000
TOTAL REVENUES 23,855,000 23,855,000
Change in Reserves (14,703,290) (14,703,290)
Expenditures
A. Debt Service
1. Interest 4,149,578 4,149,578
2. Principal 2,812,236 2,812,236
Debt Service Subtotal 6,961,814 6,961,814
B. Salaries
1. Board Appointees 275,647 39,793 315,440
2. Board Appointee Meritorious Awards 0 0 0
3. General Manager Appointees 5,179,309 21,475 5,200,784
Salaries Subtotal 5,454,956 61,268 5,516,224
C. Benefits 1,767,890 44,714 1,812,604
D. Director's Fees 23,000 6,000 29,000
Salaries and Benefits Subtotal 7,245,846 111,982 7,357,828
E. Services and Supplies
1. Legal Services 77,000 50,000 127,000
2. Regular Outside Services 123,969 2,783 126,752
3. Contract Services 882,532 (96,178) 786,354
4. Election Expense 0 0 0
5. Library and Subscriptions 11,169 0 11,169
6. Management Agreements 50,000 0 50,000
7. Rents and Leases 90,850 (10,000) 80,850
8. Utilities 128,100 9,000 137,100
9. Postage 57,032 3,900 60,932
10.Printing and Duplicating 30,850 (400) 30,450
II.Insurance 88,000 33,286 121,286
12.Advertising 6,500 900 7,400
13.Maps and Aerials 20,100 (1,200) 18,900
14.Private Vehicle 14,500 700 15,200
15.District Vehicle 197,000 25,000 222,000
16.Business Meeting 16,965 (800) 16,165
17.Personnel Development 132,935 (800) 132,135
18.Maintenance/Repair of Equipment 25,100 100 25,200
19.Computer Expenses 41,380 3,850 45,230
20.Office Supplies/Small Equipment 26,700 (1,250) 25,450
21.Field Supplies/Small Equipment 126,875 (5,400) 121,475
22.Outside Maintenance Services 343,420 16,900 360,320
23.Permits,Fee,Property Taxes 13,800 1,440 15,240
24.Miscellaneous 600 0 600
25.Communications-Publications 113,150 (2,500) 110,650
26.Communications-Special Projects 16,550 0 16,550
27.Volunteer Program 31,715 0 31,715
Services and Supplies Subtotal 2,666,792 29,331 2,696,123
F. Fixed Assets
1. New Land Purchases 20,000,000 (244,880) 19,755,120
2. Real Property Support Costs-
Appraisals,Title, Legal, Engineering 155,250 194,700 349,950
3. Guadalupe Land Company 64,625 (20,000) 44,625
4. Structures and Improvements 1,118,463 (71,133) 1,047,330
5. Field/Office Equipment 61,000 0 61,000
6. Vehicles 284,500 0 284,500
Fixed Assets Subtotal 21,683,838 (141,313) 21,542,525
TOTAL EXPENDITURES 38,558,290 0 38,558,290
RESOLUTION NO. 05-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING
AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2005-2006
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as
follows:
WHEREAS, District staff conducts a review of expenditures at mid year; and
WHEREAS, based on current spending, progress to date on major projects, unanticipated
changes in planned activities and previous Board approved changes; it is desirable to amend the
existing budget; and
WHEREAS, the Administration and Budget Committee recommends adoption of the
amended budget.
NOW, THEREFORE, be it resolved as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space District does
hereby adopt the attached amended budget (Exhibit A) for 2005-2006, which amends Resolution
No. 05-08 accordingly.
.Section Two. The budget for the Midpeninsula Regional Open Space District for fiscal year
2005-2006 is amended as set forth in Exhibit A, a copy of which is attached hereto and made a
part hereof by reference.
.Section Three. Monies are hereby appropriated in accordance with said budget.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
To: Board of Directors
FROM: Mike Foster, Controller
DATE: November 22, 2005
SUBJECT: Mid-Year Financial Review
CONTROLLER'S REPORT
Attached are unaudited financial statements for the six months ended September 30, 2005.
Exhibit A contains the District's September 30 balance sheet compared to our audited position
on March 31. Our cash balance is down $1.1 million as the District made $4.7 million of debt
service payments during this period. A total of$4.9 million of land was acquired—all of which
was funded by grants and gifts. These land additions are detailed in Exhibit E. It should be
noted that $3.1 million of the $41.6 million cash balance are reserve funds to secure outstanding
public notes and, therefore, not available to fund District expenditures. In order to reduce the
interest rate on its remaining 1995 Notes, the District, in July 2005, issued $4.6 million of
Refunding Promissory Notes. Approximately$750,000 of present value savings was achieved.
Exhibit B shows our six-month revenues compared to the same period a year ago and to the
twelve-month budget. Tax receipts are up about 6% from the prior year. This is the second year
of the two-year ERAF tax shift from special districts to the state, which cost the District some
$1.15 million during this period. For the full fiscal year, tax revenue will likely exceed budget
by some $500,000. Grant receipts include the $2.05 million grant from the California Coastal
Conservancy on the POST/Miramontes property. In addition, the District received $2.8 million
of gifts of land from POST. Interest and property management income are consistent with
budget. Other income includes about $90,000 from local cities under tax increment agreements,
some $47,000 from a bequest, and approximately $26,000 of donations from the Mary Davey
event.
Exhibits C and D review six-month operational and development spending against the twelve
month budget (Exhibit C) and compared to the same period last year(Exhibit D). The District
spent 45% of its amended twelve-month administrative, operations, and development budget
during the first six months. This is very similar to our mid-year position in the prior five years
I
Mid-Year Financial Review
November 22, 2005
Page 2
(44%, 43%, 43%, 44%, 41%). By department, six-month (non-land purchase) spending versus
the twelve-month budget was Real Property 53%, Administration 51%, Operations 49%, Public
Affairs 41%, and Planning 32%. By type of expense, salaries and benefits ran at 49% of annual
budget, structures and improvements at 30%, contract services and outside services at 26%, and
all other expenses at 48%. Salary and benefit expense represented 68% of total District
operational expenses.
As shown in Exhibit D, administration, operations and development spending is up 6% from last
year's first half spending rate. All of this increase was in salaries and benefits; non-labor
spending was down 9%. Salaries were up 9% and benefits increased 43%. Total benefits
represented 35% of total salaries compared to 26% in the prior year period. For the year we
expect that benefits will represent 33% of total salaries compared to 29% last year. The increase
is due to the large increase in the PERS rate.
Overall, the financial results of the first six months indicate revenues and expenditures are
consistent with the District's long-term financial plans.
EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 31 and September 30,2005
(Thousands)
September 30,2005 March 31,2005
(Unaudited) (Audited)
--------------------------------
Cash and Investments $41,572.0 $42,733.1
Receivables 6,936.5 5,827.0
Land,at cost 242,725.8 237,686.3
Equipment 2,324.7 2,216.5
Structures and Improvements 13,195.4 12,855.6
TOTAL ASSETS $306,754.4 $301,318.5
Accounts Payable $338.3 $328.3
Accrued Liabilities 316.5 389.0
Land Contract Debt 2,044.5 2,057.1
Public Notes Payable 125,490.4 128,150.5
TOTAL LIABILITIES $128,189.7 $130,924.9
------------------------------
TOTAL EQUITY $178.564.7 $170,393.6
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EXHIBIT B
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Revenue Versus Prior Year(Unaudited)
(Thousands)
6 Months Ended September 30
2005 2004
Property Taxes $8,004.0 $7,551.0
Tax Subventions 533.0 508.0
Interest Income 539.7 394.9
Grant Income 2,066.1 1,774.4
Property Management 379.3 349.6
Gifts of Land 2,818.0 114.6
Other 225.5 0.0
-------—-------------------------- ----------------------------
TOTAL RECEIPTS $14,565.6 $10,692.5
Six Month Revenue Versus Twelve Month Budget
2005 2005
Twelve Month Six Month %
Budget Receipts Received
------__ —_---------- ----------------
-
Property Taxes $17,807.0 $8,004.0 45
Tax Subventions 875.0 533.0 61
Interest Income 1,110.0 539.7 49
Grant Income 3,230.0 2,066.1 64
Property Management 813.0 379.3 47
Gifts of Land 0.0 2,818.0 0
Other 20.0 225.5 1128
TOTALS $23,855.0 $14,565.6 61
I
EXHIBIT C
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Operating v.Twelve Month Budget
April-September,2005
(Thousands)
Twelve Month Six Month %
Budget Spending Spent
-------------------------------- ----------------------
Salaries $5,478.0 $2,630.0 48
Benefits 1,768.0 916.5 52
--------------------------------
Subtotal $7,246.0 $3,546.5 49
Other Contract Services/Outside Services 1,002.8 256.7 26
Private&District Vehicle Expense 211.5 124.9 59
Outside Maintenance Service 343.4 164.2 48
Acquisition Expense(Inc.Legal) 232.3 205.2 88
Structures&Improvements/Parking Area 1,118.4 339.7 30
Printing&Duplicating 9
30.9 9.1 29
Rents,Leases&Management Agreements 140.8 34.5 25
Training&Conferences/Personnel Development 132.9 47.9 36
Equipment&Vehicles 345.5 108.2 31
Insurance 88.0 113.8 129
Utilities 128.1 64.5 50
Postage&Office Supplies 83.7 33.1 40
Communications(Publications&Projects) 129.8 46.4 36
Library&Subscriptions 11.2 4.2 38
Computer Expense 41.4 20.9 50
Field Supplies/Taxes,Permits&Licenses 140.7 59.4 42
Maintenance&Repair-Equipment 25.1 8.5 34
Volunteer Programs 31.7 11.6 37
Other Non-Land 112.3 13.1 12
--------------------------------- --------------------
TOTAL(NON-LAND) $11,596.5 $5,212.4 45
Debt Service 6,961.8 4,696.5 67
Land Acquired 20,000.0 4,868.0
24
___------------------------ ----- ---- -------
TOTAL $38,558.3 $14,776.9 38
EXHIBIT D
(Thousands)
Six Months Operating v.Six Month Last Year
Six Months Ended September 30
2005 2004 %Increase
Salaries $2,630.0 $2,412.1 9
Benefits 916.5 649.2 41,
Other Contract Services/Outside Services 256.7 234.8 9
Private&District Vehicle Expense 124.9 102.3 22
Outside Maintenance Service 164.2 109.8 50
Acquisition Expense(Inc.Legal) 205.2 175.6 17
Structures&Improvements/Parking Area 339.7 729.4 -53
Printing&Duplicating 9.1 4.0 128
Rents,Leases&Management Agreements 34.5 25.0 38
Training&Conference/Personnel Development 47.9 25.4 89
Equipment&Vehicles 108.2 97.2 11
Insurance 113.8 78.9 44
Utilities 64.5 56.1 15
Postage&Office Supplies 33.1 31.0 7
Communications(Publications&Projects) 46.4 53.5 -13
Library&Subscriptions 4.2 7.0 -40
Computer Expense 20.9 6.8
Field SuppliestTaxes,Permits&Licenses 59.4 65.3 -9
Maintenance&Repair-Equipment 8.5 11.7 -27
Volunteer Programs 11.6 9.5 22
Other Non-Land 13.1 10.0 31
-------------------- ----------------------- ----
TOTAL(NON-LAND) $5,212.4 $4,894.6 6
Debt Service 4,696.5 4,765.5 -1
Land Acquired 4,868.0 1,094.0 345
-------------- ------ -------------------
TOTAL $14,776.9 $10,754.1 37
EXHIBIT E
Land Acquired April 1 to September 30, 2005
SELLER PRESERVE AMOUNT
000.00
POST Lexington Reservoir Gift Felton Station 220,000.00
POST/Miramontes Ridge Grant-CCC Mills Creek Open Space 2,050,000.00
POST/Miramontes Ridge-Gift Mills Creek Open Space 2,598,000.00
Tota $4,868,000.00
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-125
Meeting 05-27
December 14, 2005
AGENDA ITEM 5
AGENDA ITEM
Adoption of
Revised Resolution Approving the Application to Habitat Conservation Fund
for Funding Assistance with the Addition of th Peninsula Open Space Trust(L
obitos
Program g p p
Creek/Irish Ridge) Property to Purisima Creek Redwoo s Ooe Space Preserve (San Mateo
County Assessor's Parcel Number 066-240-020)
t
GENERAL MANAGER'S RECOMMENDATION
Adopt the revised Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District approving the application for grant funds from the Habitat Conservation Fund
Program for the addition of the Peninsula Open Space Trust (POST) (Lobitos Creek/Irish Ridge)
property to Purisima Creek Redwoods Open Space Preserve.
DISCUSSION
At your meeting of September 14, 2005, you approved the Resolution for the application to the
Habitat Conservation Fund for grant funds for the addition of the POST (Lobitos Creek/Irish
Ridge) property to Purisima Creek Redwoods Open Space Preserve (See Report R-05-99). This
application was submitted to the State of California Department of Parks and Recreation on
October 1, 2005. After reviewing the application, State administrative staff has requested the
District to submit a revised Resolution that more closely follows the sample Resolution included
in the HCF Program Procedural Guide. The revised Resolution is attached for your approval and
includes an additional recital stating the applicant will enter into an agreement with the State of
California.
I
Prepared by:
Del Woods, Senior Acquisition Planner
Contact person:
Same as above
I
RESOLUTION NO. 05-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR
2006-2007 - UNDER THE HABITAT CONSERVATION FUND
PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION
ACT OF 1990 FOR THE PENINSULA OPEN SPACE TRUST
LOBITOS CREEK/IRISH RIDGE PROPERTY ACQUISITION
WHEREAS, the people of the State of California have enacted the California Wildlife Protection
Act of 1990, which provides funds to the State of California for grants to local agencies to acquire
and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility
for the administration of a portion of the program within the State, setting up necessary procedures
governing application by local agencies under the program; and
WHEREAS, said procedures established by the State Department of Parks and Recreation
require the applicant to certify by resolution the approval of application before submission of said
application to the State; and
WHEREAS, said application contains assurance with which the applicant must comply, and
WHEREAS, the applicant will enter into an agreement with the State of California for
acquisition of the project;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby:
1. Approves the filing of an application for the Habitat Conservation Fund Grant Program under
the California Wildlife Protection Act of 1990 State grant assistance for the above project.
2. Certifies that said applicant understands the assurances and certification in the application
form.
3. Certifies that said applicant has or will have available, prior to commencement of any work
on the project included in this application, the required match, and will have sufficient funds
to operate and maintain the project.
4. Appoints the General Manager as agent of the District to execute and submit all documents
including, but not limited to, applications, agreements, amendments, and so on, which may
be necessary to comply with the requirements of the Habitat Conservation Fund Grant
Program.
Regional Open Sp,,ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-126
Meeting 05-27
December 14, 2005
AGENDA ITEM 6
AGENDA ITEM
Annual Report to Shareholders of Guadalupe Land Co. and Proposed Renewal of License and
Management Agreement for Guadalupe Land Co. Property Adjacent to the Mt. Umunhum Area
of Sierra Azul Open Space Preserve (Santa Clara CoU"P ssor's Parcel Numbers 575-11-
004, 575-12-001 and 575-12-013)
GENERAL MANAGER'S RECOMMEND
DISTRICT ACTIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in this report.
2. Authorize the President of the Board or other appropriate officer to sign the attached License and
Management Agreement with Guadalupe Land Co.
GUADALUPE LAND CO. ACTIONS
1. Accept the annual report and the Chief Financial Officer's report to shareholders of
Guadalupe Land Co.
DISCUSSION
At your meeting of December 15, 2004, you approved the purchase of the Guadalupe Land Co.
(GLC), a private corporation, which included the sole asset of a 286.61-acre property as an
addition to Sierra Azul Open Space Preserve (see Report R-04-134). Through this transaction,
the District became the sole shareholder of GLC (represented by the District's Board of
Directors). The following corporate actions were also approved by the Board, as shareholders,
and implemented:
A. The Amended and Restated Articles of Incorporation of GLC were filed with the
California Secretary of State.
B. The Amended and Restated Bylaws of GLC were adopted.
C. Appointed Officers of GLC as follows:
i. President and Chairman of the Board: District General Manager, L. Craig
Britton
R-05-126 Page 2
I
ii. Secretary: District Assistant General Manager, Sally Thielfoldt
iii. Chief Financial Officer: District Controller, Mike Foster
D. Appointed Frank Rimerman to serve as GLC accountant for preparation of
corporate tax returns and filings.
E. Obtained commercial general liability insurance and directors and officers
insurance through the District's CALJPIA coverage.
F. Appointed Secretary Sally Thielfoldt as the agent for service of process.
As part of the District's 2005/2006 Budget, an estimated amount of$64,625 was approved as a
separate budget category for opening a Guadalupe Land Co. bank account for the operation of the
corporation and the property. The Guadalupe Land Co. bank account was opened with an initial
balance of$44,156, approximately $20,000 less than budgeted because staff was able to secure
insurance through the District's Joint Powers Insurance rather than through a private carrier as
originally assumed.
The Tax Collectors Office of the County of Santa Clara cancelled property taxes on the property
effective January 5, 2005, the date of the District's purchase of GLC. Due to the timely
cancellation of property taxes by Santa Clara County and the savings associated with obtaining
necessary corporate insurance coverage through the CALJPIA, the annual expenses for 2005
associated with owning and operating the corporation totaled $13,276. The GLC expenses for
2005 are attached as Exhibit A. Since the title insurance was a one-time expense and the filing
of the articles of incorporation is not a recurring fee, the expenses for operating GLC during 2006
are estimated at $6,500 (see Exhibit B). The ending GLC bank balance for 2005 of$30,880
should be sufficient to continue to operate the Corporation for an additional four years before
additional funds will need to be budgeted to continue operation of GLC. In 2006, staff will
evaluate the benefits of continuing to own or dissolving the corporation in the future.
License and Management Agreement
As part of the original transaction, the District entered into a License and Management
Agreement with GLC to manage the property as part of the Sierra Azul Open Space Preserve,
and accordingly be able to enforce the District's rules and regulations. The License Agreement
also enabled the District to obtain the necessary corporate insurance through the District's
CALJPIA coverage. The License Agreement expires on January 5, 2006, and therefore the
District needs to renew the License Agreement to continue to manage the property and renew
corporate insurance coverage through the CALJPIA. The term of the new License Agreement
would be for two years. The License Agreement continues to require GLC pay an annual
management fee of$4,200 for patrol and management of the property. Staff also worked with an
adjacent private landowner to exercise patrol access across a deeded road easement from the end
of Reynolds Road. Staff regularly patrols the 286.61-acre property from this access easement.
USE AND MANAGEMENT
R-05-126 Page 3
The Preliminary Use and Management Plan adopted at your meeting of December 15, 2004
remains in effect and is unchanged. The Plan states the property will be closed to public use and
will be routinely patrolled.
CEQA COMPLIANCE
Project Description
The project consists of renewing a License and Management Agreement between the District and
GLC, a private corporation that is owned by the District and whose sole asset is comprised of a
286.61-acre property. The property has been licensed and managed by the District since GLC
was acquired by the District on January 5, 2005, and there are no proposed changes in the
conditions of the new License and Management Agreement. The land will be permanently
preserved as open space and maintained in a natural condition.
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 of the CEQA Guidelines as follows:
Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at the
time of the lead agency's determination. 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 public
except for the limited public use permitted in the License.
The actions proposed in the License and Management Agreement are also exempt under section
15061, as there is no possibility the actions may have a significant effect on the environment.
Public Notification
Property owners of land located adjacent to or surrounding the subject property have been mailed
written notices of this item.
Prepared by:
Michael C. Williams, Real Property Manager
Contact Person:
Same as above
Attachments
i
Guadalupe Land Company 2005 Expenses and Balance Sheet Attachment A
2005
IJanuary Beginning Bank Balance 44,156.00
Date Check No: Expenses Description Bank Balances
5/24/2005 97 220.00 CT Corporation-Filing Fee-Articles 43,936.00
5/25/2005 98 6531.00 North American Title Co.-Title Insurance 37,405.00
6/27/2005 1001 25.00 State of CA.-Secretary of State/Filing Fee 37,380.00
6/27/2005 1002 4200.00 MROSD-Management Fee 33,180.00
9/22/2005 1003 800.00 Franchise Tax Board-Quarterly Taxes 32,380.00
19/22/20051 1004 1500.00 Frank Rimerman-Corporate Tax Preparation Fees 30,880.00
Total Expenses to date: 13,276.00
jEnding Bank Balance 10/31/2005 30,880.00
The Guadalupe Land Company has no liabilities and it's assets are the cash account listed above and the real
property.in unincorporated Santa Clara County commonly known as the Guadalupe Land Company property.
1 certify that this financial statement was prepared from the books and records of the Corporation.
i
Michael L. Foster, Chie Financial Officer
Date: -6
Attachment B
Guadalupe Land Company- 2006 Anticipated Expenses
2006
IJanuary 1,2006 Beginning Bank Balance 30,880.00
Expenses Description Bank Balances
4200.001 1 License and Management Fees 26,680.00
800.00 Corporate Taxes 25,880.00
1500.00 ICorporate Tax Preparation 24,380.00
6,500.00
Ending Bank Balance 12/31/2006 24,380.00
Michael L. Foster, Chief Financial Officer
Open Regional O S ,
9 p P
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-27
Meeting 05-127
December 14, 2005
AGENDA ITEM 7
I AGENDA TEM
Authorize Additional Legal Fees in the Matters of Citizens for Responsible Open Space v.
LAFCo et al.; Fogarty v. Midpeninsula Regional Open Space District; and Midpeninsula
Regional_ Open Space District v. Fogarty, Contingent Upon Approval of the Mid-Year
Amendments to the 2005-2006 Fiscal Year Budget s�
GENERAL COUNSEL'S RECOMMENDATIONS
I. Authorize additional legal fees in the matter of Citizens for Responsible Open Space v.
LAFCo et al. for the law firm of Shute, Mihaly & Weinberger in an amount not to exceed
$50,000;
2. Authorize additional legal fees in the matters of Fogarty v. MROSD and MROSD v.
Fogarty for the law firm of Miller, Starr& Regalia in an amount not to exceed $35,000.
DISCUSSION
This agenda item requests Board authorization to pay additional legal fees needed to represent
the District's interests in pending litigation. The requested amounts have been reviewed by the
Administration and Budget Committee and are included in the Mid-Year Amendments to the
2005-2006 Fiscal Year Budget presented to the full Board for its approval tonight. Approval of
this agenda item is contingent upon the Board's approval of the Mid-Year Budget Amendments.
Citizens for Responsible Open Space v. LAFCo et al. is the lawsuit filed against LAFCo, the
County of San Mateo, and the District challenging the validity of LAFCo's approval of the
District's September, 2004 annexation of the San Mateo County coastside. In December 2004,
the Board authorized retention of the firm of Shute, Mihaly & Weinberger to represent the
District in this matter and authorized legal fees in the amount of$50,000. (See Report No. R-04-
123.) Trial is scheduled for January 18, 2006 and trial briefs are being prepared. Costs through
trial are anticipated to exceed the prior authorization. Therefore, the Board is requested to
approve the funds necessary to defend this action through trial. This expenditure is charged to
the Planning Department budget under Coastal Annexation Program. If approved,total fees
authorized to date would be $100,000.
Fogarty v. MROSD and MROSD v. Fogarty are lawsuits concerning a conservation easement
and claim of access easement over Coal Creek Open Space Preserve. In September 2004,the
R-05-127 Page 2
District was sued by Fogarty concerning plaintiff's claim to a deeded easement over Preserve
lands. An additional dispute arose from a disagreement about the uses allowed under a
conservation easement granted to the District over a portion of the plaintiff's property. The
District filed a cross-complaint in order to protect its interest in the conservation easement. Trial
is set for February 2006. The District's title insurer is providing a defense to the complaint.
However, the title company has no obligation to protect the District's interests in preventing a
violation of the conservation easement and therefore the Board authorized retaining the firm of
Miller, Starr & Regalia to represent its interests and to file and try the cross-complaint. (See
Report No. R-05-64.) The Board authorized additional legal fees in July 2005 (See Report No.
R-05-84) and in September, 2005 (See Report No. R-05-98), for a total of$70,000.
Due to the considerable cost of discovery and trial preparation in this matter as a result of a
variety of factors, the District's counsel is recommending that additional funds be approved to
insure that there are sufficient funds to take this matter through trial in a manner that allows the
District to fully and vigorously defend the public's interest in these cases. The budgeted funds
will be a cost to the Real Property Department. If approved, the total amount authorized in this
matter would be $105,000.
Prepared by:
Susan Schectman
General Counsel
Contact person:
Same as above
Claims No 05-22
Meeting 05-27
Date 12/14/05
Midpeninsula Regional Open Space District
# Amount Name Description
3884 $385.00 Aaron's Septic Tank Service Sanitation Services
3885 $21.50 Ace Fire Equipment&Service Fire Extinguisher Servicing
Company
3886 $374.26 Acme&Sons Sanitation Pumping/Disposal Fee&Weekly Services
3887 $169.01 ADT Security Services Alarm Service-SFO
3888 $542.43 American Tower Corporation Coyote Peak-Dispatch Tower Rent
3889 $116.91 Anderson Engraving Name Badge Engraving
3890 $233.22 ANG Newspapers Legal Advertisement-CEQA
3891 $150.00 Barresi,Chris Reimbursement-EMT Recertification Tuition
3892 $60.57 Barron Park Supply Co. Plumbing Supplies
3893 $126.23 BFI Garbage Service
3894 $341.51 Bruce Barton Pump Service,Inc. Water Pump System Repairs-Mora Residence
3895 $230.76 California Water Service Company Water Service-FFO
3896 $1,030.67 Carsonite International Roadmarkers
3897 $8.15 City Of Los Altos Annual Alarm Fee
3898 $293.15 Clean Source Janitorial Supplies-AO
3899 $1,263.95 CMK Automotive Inc. Vehicle Maintenance&Repairs
3900 $147.76 Continuing Education of the Bar Law Book
3901 $720.57 Costco Office&Field Supplies
3902 $443.89 County of San Mateo Tax Collector Fire Services Tax
3903 $13.47 CSK Auto Bobcat Fuel Line
3904 $920.00 Davey Tree Expert Company Tree Removal-Saratoga Gap Residence
3905 $215.00 Del Rey Building Maintenance Replace Lights-AO
3906 $151.55 Dolan,Brendan Reimbursement-Uniform
3907 $855.95 Donald Hays Trail Contractor Construction Of Ridgetop Trail At Pulgas Ridge
3908 $376.25 Emily And Associates Management Consulting
3909 $6,168.04 '1 First Bankcard Field Supplies-1,643.33 Office Supplies-225.68
Computer Equipment/Supplies-2,161.86 Local/Out Of
Town Business Meetings-402.76 Conferences&Training-
1,559.36 Advertising/Subscriptions/Books-161.00
Maintenance&Repairs-14.05
3910 $664.62 Freeman,Matt Reimbursement-National Land Conservation Conference
3911 $55.70 G&K Service Shop Towel Service
3912 $303.21 Gardenland Power Equipment Field Supplies,Tools&Equipment
3913 $1,912.06 Golden West Collision Center,Inc. District Vehicle Auto Body Repairs
3914 $79.21 Goodco Press Inc. Office Timecards
3915 $802.51 '2 Granite Rock Company Road Repairs
3916 $187.77 Green Waste Recovery,Inc. Garbage Service-SFO
3917 $2,460.00 Half Moon Bay Grading&Paving Inc. POST Forde Cleanup Per Management Agreement
3918 $1,540.00 Harris Construction Drainage Repair Preparation
3919 $590.18 Home Depot Field Supplies&Equipment
3920 $6,000.00 Hulberg&Associates,Inc. Appraisal Fees
3921 $2,250.00 IEDA,Inc. Quarterly Consulting Services-Labor Relations
3922 $5,172.50 Jakaby Engineering Design&Engineering Services-El Sereno,Overlook
Drive&Bridge Design Project-ECdM
3923 $1,168.03 Langley Hill Quarry Rock For Skyline Ridge Tree Farm Road Work,Smith
Residence Driveway Repairs&Resurface Lower Purisima
Creek Parking Lot
3924 $2,673.34 '3 Lee Buffington-San Mateo County Tax Mosquito Abatement Benefit Tax
Collector
3925 $425.00 Liebert Cassidy Whitmore Legal Services-Personnel
3926 $571.65 Los Altos Garbage Co. Garbage Service-AO&FFO
Claims No 05-22
Meeting 05-27
Date 12/14/05
Midpeninsula Regional Open Space District
# Amount Name Description
3927 $59.78 Madco Field Supplies
3928 $16.50 Miller Starr&Regalia Legal Services-Saratoga Country Club
3929 $969.00 Moore lacofano Goltsman,Inc. Consulting Services-Good Neighbor Policy
3930 $1,324.26 Orchard Supply Hardware Field Equipment&Supplies
3931 $62.50 Orlandi Trailer Trailer Accessories
3932 $106.60 Pacific Water Systems Water System Supplies
3933 $640.20 Pape'Material Handling Bobcat Mower Rental&Bobcat Parts
3934 $10,688.74 Patsons Media Group Printing Services-Rancho San Antonio Brochures&
Winter 2005/2006 Newsletter
3935 $2,214.52 Peninsula Digital Imaging Newsletter Printing,Scanning To CD Service&Trail And
Road Maps
3936 $2,641.40 Post Haste Direct Mail Services Mail House Service-2005/2006 Winter Newsletter
3937 $4.17 Rancho Ace Hardware&Garden Shop Plumbing Part
3938 $823.94 Redwood General Tire Co.,Inc. Tires
3939 $48.71 Reneau,Frances Reimbursement-Uniform Expense
3940 $171.00 Rich Voss Trucking,Inc. Rock Delivery-FFO
3941 $1,306.80 Richard Seaver Pig Control Services
3942 $253.32 Robert's Hardware Field Supplies
3943 $254.84 Roberts&Brune Co. Field Supplies
3944 $67.22 Roessler,Cindy Reimbursement-Mileage
3945 $4,105.81 Roys Repair Service Vehicle Repairs&Service
3946 $78.74 Royal Brass Inc. Field Supply
3947 $172.50 Ruiz,Ana Reimbursement-Professional Membership
3948 $19.33 Salveter,Stephen Reimbursement-Film&Processing
3949 $428.09 San Jose Water Company Water Service
3950 $212.28 SBC Telephone Service-SFO&AO
3951 $46.00 Skyline County Water District Water Service
3952 $401.62 '4 State Board Of Equalization Water Rights Fees(4 Checks Issued)
3953 $201.69 Stevens Creek Quart',Inc. Base Rock
3954 $575.89 Summit Uniforms Uniform Expense
3955 $834.88 Tadco Supply Janitorial Supplies-Rancho San Antonio
3956 $6,585.79 Tamara Kan Vegetation Mapping Services
3957 $551.64 The Sign Shop Signs
3958 $308.99 United Rentals Highway Tech. Field Supplies
3959 $1,039.59 United Rentals Northwest,Inc. Equipment Rental-Dyer Water Tank System Trencher,
Sprayer Rental and Trencher for Gasline-Fremont Older
Residence
3960 $900.00 United States Postal Service Postage For Postage Machine
3961 $38.49 Verizon Wireless Messaging Services Pager Service
3962 $1,569.84 West Coast Aggregates,Inc. Base Rock-Pulgas Ridge
3963 $573.98 West Payment Center Legal Books/Supplements
3964 $55.00 Wickham,Elisa Reimbursement-EMT Refresher Course
3965 $77.71 Xpedite Systems,Inc. Fax Broadcast System Services
Total $82,646.94
•1 Urgent Check Issued 12/6/05
`2 Urgent Check Issued 12/5/05
'3 Urgent Check Issued 12/7/05
'4 Urgent Checks Issued 12/6/05
Regional Open S, ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: L. CraigBritton, General Mana er
g
DATE: December 14, 2005
RE: FYI's
(0F01ES1
�ATEROFFICE MEMORANDUM
November 23, 2005
TO: L. Craig Britton, General Manager
FROM: G. Baillie, Management Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month October Year 2005
DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES TOTALS
Bicycles Auto burglary 1
Closed area 0 0 False information to Peace Officer 2
Speed 5 9 Marijuana possession <oz 2
Helmet 9 16 Person under the influence 1
Night-riding 10 10
Dogs
Prohibited area 1 4 ACCIDENTS/INCIDENTS
Off-leash 8 17 Bicycle accident 1
Off-road vehicles 0 1 Equestrian accident 0
Closed area 2 4 Hiking/running accident 1
After hours 4 10 Other first aid 0
Fishing 0 1 Search & Rescue 0
Swimming 0 0 Vehicle accident 1
Vandalism 0 2 LZ air evacuation 0
Parking 14 17 Fire 0
Parking after hours 16 23
Dumping 1 3
Camping 0 2 ENFORCEMENT
Campfires 0 0 Parking citations 30
Weapons Other citations 41
Actual contact 0 0 Written warnings 47
Report only 0 1 Arrests I
Reckless driving 0 1 Police assistance 2
Group w/out permit 0 2
I
Nudity 0 1
Smoking 0 4 MUTUAL AID
Vehicle prohibited 0 2 Accident 5
Abandoned vehicle 0 1 Fire (vehicle) 1
Collecting plants 0 4 Law enforcement 0
Plant damage 1 3 Landing zone off-site _
Possession of trail tools 1 3
Illegal trail closure 0 1
Illegal trail construction 0 3
SUMMARY OF SIGNIFICANT INCIDENTS BY DATE
Date
4 A caller reported dumping in Ravenswood parking lot. Approximately 1 cubic yard of broken
concrete was found in the lot. A license plate registered to a resident of East Palo Alto was found
in the debris. The plate was referred to EPA police, who will make contact and follow up.
5 A previously restored illegal trail at El Corte de Madera was found to have been reopened. The
trail, that parallels the Virginia Mill Trail, has been reopened several times in the past after
District restoration.
9 An adjacent property owner called requesting vehicle access on Woods Trail in Sierra Azul. He
notified staff that he would close the trail to public access where he believed his property crossed
the trail. He was not able to provide documents giving him an easement on Woods Trail.
Rangers told him he did not have the authority to close the trail to public access. He did close the
trail, and said he would keep it closed until sunset. A District ranger remained on site until he
removed the closure.
13 An unoccupied vehicle was observed parked on Soda Springs Road. The vehicle contained
gardening tools. A man descended the hillside and contact was made. The man stated he was a
florist and was collecting bay tree branches and that he was by himself. After letting the subject
leave, the ranger continued to investigate and found two large piles of freshly cut branches, and
two more subjects nearby. A sheriff's deputy was requested. These two men stated they work for
the first man. A further search found approximately 200 pounds of bay tree branches. The first
subject was called back and cited for possession of tools and damaging plants, and then released.
19 Ten pounds of chicken parts were found dumped at Russian Ridge. This type of dumping
incident has occurred in the past and is believed to be associated with a person illegally feeding
coyotes.
22 Several shots were heard from the Monte Bello ranger residence. A resident ranger's dog also
alerted in the direction she thought the shots were coming from. San Mateo SO was called and
arrived about 35 minutes later. The area was checked but no one was located.
23 Two previously restored illegal trails at El Corte de Madera were discovered to have been
reopened. The trails descend from the Vista Point to the Resolution Trail and the El Corte de
Madera Creek Trail.
24 At Los Trancos and Upper Stevens Creek County Park, Grizzly Flat parking access, several
vehicles were burglarized. Four piles of auto glass were discovered at Grizzly Flat and one pile of
glass at Los Trancos. The victims were not identified.
24 An abandoned vehicle and associated litter was found in Sierra Azul off Soda Springs Road. It
was found on an open dirt and grassy area on a dirt road that leads to the registered owner. An
attempt was made to contact the owner, but was unsuccessful.
23 At 7:20 a.m., while opening the parking lot gate at Los Trancos, a westbound vehicle pulled
behind a ranger's patrol vehicle. The passenger asked for directions. The driver said he
thought someone was following him and his life was in danger. He appeared highly agitated, his
eyes were glassy, and he was shaking. He appeared to be under the influence of a controlled
substance. Due to the driver's altered mental state, numerous officers from several jurisdictions
assisted. The person was taken into custody safely and without injury to anyone. Page Mill
Road was closed during the incident.
25 Caution tape restricting access to the former North House in Sierra AzuI was broken. Upon
further investigation at the rear of the house an incendiary device was discovered. The device
consisted of a paper towel tube with a paper towel sticking out. The towel had been lit, but no
damage had been done as a result. A report was made to a CDF fire investigator.
25 At Saratoga Gap ten cyclists in two separate groups were cited for after hours bicycling.
29 At Purisima a hiker on the Soda Gulch Trail severely sprained her ankle. District rangers, Kings
Mountain Volunteers and CDF evacuated the injured hiker. She was driven to Skyline and
evaluated by paramedics. She refused ambulance transport. She was transported by District
patrol vehicle back to the lower Purisima lot.
October vandalism
17 A regulatory sign at Russian Ridge was shot with a pellet gun and "no dogs"was scratched off.
22 Two T-post fence lines were cut at two different locations at La Honda Creek. Fresh motorcycle
tracks were on the ground.
.ATEROFFICE MEMORANDUM
December 14, 2005
TO: L. Craig Britton, General Manager
FROM: G. Baillie, Management Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month November Year 2005
DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES TOTALS
Bicycles Auto burglary 3
Closed area 0 1 False information to Peace Officer I
Sensitive closed area I I Grand theft I
Speed 6 10
Helmet 4 9
Night-riding I I ACCIDENTS/INCIDENTS
Dogs Bicycle accident I
Prohibited area I I Equestrian accident 0
Off-leash 12 13 Hiking/running accident 0
Off-road vehicles 0 1 Other first aid I
Closed area 9 10 Search & Rescue I
After hours 5 17 Vehicle accident I
Fishing 0 0 LZ air evacuation 0
Swimming 0 0 Fire 0
Vandalism 0 3
Parking 24 27
Parking after hours 22 35 ENFORCEMENT
Dumping 0 2 Parking citations 46
Camping 0 0 Other citations 39
Campfires 0 0 Written warnings 42
Weapons Arrests I
Actual contact 0 0 Police assistance 2
Report only 0 1
Reckless driving 0 1
Group w/out permit 0 5 MUTUAL AID
Commercial filming/out permit 0 1 Accident — 4
Smoking 0 1 Fire (vehicle) 0
Other pet 0 1 Law enforcement 0
Abandoned animal 0 1 Landing zone off-site I
Collecting plants 0 4
Tree damage 0 1
Suspicious person/circumstance 0 3
Alcohol no lunch 0 6
Illegal trail construction 0 1
SUMMARY OF SIGNIFICANT INCIDENTS BY DATE
Date
6 A citizen reported dumping on Wood Road in Sierra Azul. He described the truck, the driver and
gave the license plate number. A copy of the report was forwarded to G. Baillie with a request to
send a letter to the registered owner of the truck, a neighbor in the area.
7 Rangers responded to Fremont Older after Mtn. View Communications reported a hiker complaining of
abdominal pain and dizziness, probably from dehydration. The hiker was taken by ground ambulance to
El Camino Hospital.
8-9 Three auto burglaries occurred on Nov. 8 and/or Nov. 9. Broken glass was found in Purisima North Ridge
lot and at Skeggs Point. A vehicle was burglarized at the Los Trancos lot. A wallet, clothing and child
car seat were taken. The San Mateo County Sheriffs Office recently recovered stolen property associated
with an auto burglary and theft ring based in Half Moon Bay. This ring is believed to be responsible for
thefts throughout the Bay Area.
11 A ranger received a report of a suspicious person at Rancho, in the county parking lot. The reporting
person stated she felt uncomfortable because the subject followed her to different locations while she was
trying to "lose"him. A search of the area did not locate the individual.
14 Four people were issued citations for after hours use at Windy Hill. All four had been drinking alcohol
and two were under the age of twenty-one. One subject was uncooperative. San Mateo sheriffs deputies
responded to determine if the driver was under the influence of alcohol.
17 A one-hundred-yard long Illegal trail was discovered at Purisima Creek. It was constructed parallel to the
Grabtown Gulch Trail on very steep terrain. A trail tread was established and there was a small amount of
vegetation damage.
17 A commercial photo shoot occurred at Monte Bello without a permit. The people had driven a vehicle
onto the preserve near the Palo Alto water tank. They believed they had permission from the adjacent
landowner, which they did not. There was no significant damage and a written warning was issued.
18 At 11:00 P.M. two adults and four juveniles were stopped for after-hours activity in Fremont Older. The
adults were issued citations and the juveniles were verbally warned and released after their legal guardians
were contacted.
22 Approximately one thousand dollars in property was stolen from district vehicles parked at the Skyline
Field Office. The theft was discovered by the resident ranger at about 10:15 p.m., while it was still in
progress. The county sheriff's office responded with two deputies. The sheriffs did a car stop near Windy
Hill on one of the two vehicles associated with the incident. They were unable to determine in
involvement of the subjects and the subjects were released. Some of the stolen items were discovered at
the comer of Page Mill and Skyline the following day. Other items were found near Windy Hill, possibly
thrown from the second vehicle during the sheriff's pursuit. An investigation of the incident is
continuing. Two rangers responded to the incident.
27 Rangers responded to an unwitnessed bicycle accident on Kennedy Trail in Sierra Azul. Santa Clara
County Fire and AMR were on scene first. The bicyclist's riding partner found her unconscious on the
side of the trail. The injuries were loss of consciousness, lacerations to the head and both knees, and a
broken tooth and a lost(and recovered)tooth.
28 At El Corte de Madera misdemeanor violations occurred, including riding a bicycle in a closed resource
protection area and providing false information to a peace officer. The person was issued a citation for
the closed area violation and warned for the false identity violation.
November vandalism
I I T-post removed from fence line at La Honda.
20 A lock and chain were removed from a gate in Sierra Azul.
21 A chain was cut on a gate at Bear Creek.
�
Dear Kristin,
On November 30th our Board of Directors voted to designate the Zinfandel Trail as"hiking-only." | have attached
the relevant board report that cites their reasons for this decision. In summary the Board cited the"hiking-only"
policy of the neighboring Stevens Creek County Park as well as safety concerns associated with a dead-end trail
turnaround for horses as the primary reasons for their decision. In addition, Board members cited a letter from
the Santa Clara County Parks department that supported our staff recommendation to designate the trail as
"hiking-only." In that letter, County Parks said that they had no intention tochange the use designation ontheir
� portion of the Zinfandel Trail, and any future sub-regional trails in the area that might allow equestrians would not
� utilize the Zinfandel Tnai|.s alignment.
We would like to thank you for your input on this issue and we also thank you for using the trails at PichettiRanch,
and hope you continue bu use them in the future.
�
Thank you,
Matt Saguoe. Open Space Planner|
K8idpeninau|o Regional Open Space District
650'625-6524 �
�
�
-----Original Message--- �
Fnomm: Sorit{f1977@ao|.conl [maiKo: .con ]
� Sent: Thursday, DecembmrD1, 2005 12:33AM �
� To: Margaret Rehnche �
�
R�' (noaub�x±\
~~~v_-~ . ` ' � ) �
| am writing this sd around midnight onNox3Oth . | hopethotbianottoolate | have not been home. �
| am writing regarding equestrian use of the Zinfandel trail in Pkzhetti ranch preserve. | have been a Cupertino
� resident for almost 27 years (all my life) and I ride a horse at Brookside Stables in Cupertino. I am an avid trail �
� hdar- | Aotrai| ridingabout twice a week, weather permitting. My horse is very safe and easygoing on the trail.
She does not"spook"on the trail or ever present any sort of dangerous situation. I am an experienced rider �
having ridden since childhood. | have limited access ho trails- | can only go where | can ride to, | do not have a
horse trailer. In the spring and summer oc000iona|ygodown to the Stevens creek reservoir and use the trails
that are commonly used by Garrod Farms equestrians, but I have to ride on the road and I do not always like to
�
do this, or have the time to do this. A lot of the time I have to ride in Pichetti because it is closer and isn't such a
� major ride. The problem I see with the trails there is that the equestrian access is very limited and one cannot go
� on more than about a 45 minute trail ride before you have done everything. The Zinfandel trail is by far the longest
� and most fun trail. | can ride for an hour and o half or2 hours on that trail which is about how long | like to be out
� for. | know this because despite the"no horse" rule | have gone around the barrier and gone on that trail before,
� just to sae why it was blocked. | do not see any reason for it. My horse is very good on the trail and | do not see �
� any safety issues that are any different from the other trails that do allow horses, except maybe passing hikers , �
but the trail there is just ae narrow as the one leading down hoobavens canyon road. Hikers must step off the trail
to let the horse pass. I have had a couple of complaints from hikers that I was on the trail but in general people
dontooem to have o problem with it. However. | would like to use the trail legally and would love to see the barrier
removed. As long as equestrians use good judgement and know their horse's and their own limitations on the trail,
� they should have equal rights aethe hikers to use the trails. |tiadieoopointing to see more and more areas �
blocked off to horses. | do not know how many people besides me would like to see this changed but| hope
that even if I am just one person, Iyou will consider my wish to be able to ride my horse on the Zinfandel trail.
My horse will appreciate it and ou will |. �
If you have still decided that horses will not be allowed on the Zinfandel trail I would appreciate a response back �
with the reasons for this decision.
Thanks
Kristin
�
s ,
Santa • • •
Waterrict
5750 ALMADEN EXPWY
SAN JOSE, CA 95118-3686
TELEPHONE(408)265-2600
FACIMILE (408) 266-0271
www.valleywater.org
AN EQUAL OPPORTUNITY EMPLOYER
December 6, 2005
Dear Neighbor,
The Santa Clara Valley Water District is preparing a major project to replace the outlet
pipe which drains Lexington Reservoir. This multi-year project will replace the existing outlet
pipe with a new pipe inside a tunnel which will be bored through the hills on the east-side
of the dam. Exploratory geological work in the hillsides is expected to begin in December
2005 with tunnel boring expected to follow in late 2007. We expect occasional trail
interruptions on the Jones Bike Trail and the pedestrian trail across the dam face during the
early geologic studies. Please plan accordingly for any events or trail use during this
period.
Water levels in Lexington Reservoir will not be lowered during this exploratory work.
Reservoir levels will need to be lowered in approximately 2008 prior to the construction of
a new Outlet structure (reservoir drain).
Thank you for your patience during this investigation. If you have any questions about this
project, construction impacts or the project schedule, please contact Senior Project Manager
Donna Collins at (408) 265-2607, ext. 2572, or by e-mail at: coilins@valleywater.org.
Sincerely,
Donna Collins
pEC p g 2045
q t &y$
The mission of the Santa Clara Valley Water District is a healthy,safe and enhanced quality of living in Santa Clara County through watershed
stewardship and comprehensive management of water resources in a practical,cost-effective and environmentally sensitive manner.
From: Jonas Roddenberry
Sent: Monday, December 12, 2005 10:24 AM
To: 'nani345@gmail.com'
Subject: MROSD Signage
Mr, Naniwadekar,
Thank you for kind words regarding mapping and trail marking within Midpeninsula Regional
Open Space District Preserves. Here at the District we work hard to provide up to date and easy
to understand maps and trail directional signs to help our preserve visitors better enjoy their open
space experience. It is wonderful to hear some positive feedback coming from the public in
response to our efforts.
Your suggestion on trail junction numbering is very well timed. In just the last few weeks this very
same suggestion was made by a MROSD staff member. The junction numbers would be helpful
to preserve visitors as well as emergency response personnel in the case of an accident or
emergency within a preserve. We will be looking into the feasibility of a trail junction numbering
system during our next sign committee meeting.
Thank you for your interest and suggestions. Please feel free to email me directly with any
additional questions.
-Jonas
Jonas Roddenberry
Planning Technician
Midpeninsula Regional Open Space District
(650) 691-1200 ex. 531
www.openspace.org
----- Original Message -----
From: "dhananjay naniwadekar" <nani345@gmail.com>
To: <info@openspace.org>
Sent: Monday, October 31, 2005 3: 13 AM
Subject: Fwd: Terrible directional markings at Sam McDonald County Park
Recently I noticed how you people have a done a marvellous job of
producing good maps and marking trails properly, and how county and
state parks are terribly lax. So I emailed a rant to people who I
think are looking after Sam McDonald Park and McNee Ranch Park. I have
asked them to have a look at your maps and learn.
To you people, I have a suggestion about associating numbers with most
junctions on trails. I have spelt out my suggestion in detail in the
lines below. Please read and give it a thought.
---------- Forwarded message ----------
From: dhananjay naniwadekar <nani345@gmail.com>
Date: Oct 31, 2005 3:07 AM
Subject: Fwd: Terrible directional markings at Sam McDonald County Park
To: cgk@montara.com, dhananjay naniwadekar <nani345@gmail.com>
i
I hiked at Sam McDonald County Park this weekend. The park is
beautiful but the direction sign-posts and the park map are a complete
mess. California State Parks are even worse when it comes to direction
markers and maps. I observed this when I hiked at McNee Ranch State
Park between Montara and Pacifica. Please check MROSD's page, their
online maps in pdf format, hike at their parks, and learn from them how
to mark trails. They are not perfect by any means; but overall they
have marked out their parks quite well.
I would also like to submit one suggestion. Just as freeway exits are
numbered in most of the US (but not so in California until recently) ,
junctions can be numbered both on maps and at actual trail junctions.
Take Windy Hill for example and their map :
htt2://www.openspace.org/preserves/maps/windy hill ma2.pdf
The point just below WH05 can be marked A01, the point where Sequoia
Trail branches off can be A02, the start of Razorback Ridge Trail near
Alpine Road can be A07 or A08. The spot where a 04 .mi unnamed trail
meets Razorback Ridge Trail from WH02 can be B05, the meeting point of
Razorback Ridge Trail and Lost Trail can be B06. You get the idea.
From where Spring Ridge Trail and Meadow Trail meet, a .03 mi loop
goes towards Betsy Crowder Trail. It's not clear whether this 0.3 mi
trail is named SR Trail or Meadow Trail. So trails can be numbered. SR
Trail could be T03. And that .03 mi loop can be marked on the map T03
or T04 according to which trail it is part of.
The website of California State Park's McNee Ranch Park warns visitors
that if they get lost, it could take days or weeks to find them. Yet
their trails are mostly unmarked and the map is terrible. It's so
irresponsible.
From : http: //plants.montara.com/mrsp.html (unofficial information
page) "it may take days or even weeks for a rescue or search team to
find you. " Now, which persons or boards are supposed to take care of
these matters? Don't thei rpositions come up for re-election? Aren't
they expected to do a good job of it? I hope current boards are voted
out and more responsible and knowledgeable people replace them. I often
see confusion of new visitors to trails. It is caused by people in
charge who lack desire or capability to do their job properly. You
people should study how things are done from MROSD which looks after
10-15, maybe more, parks in the area. You should check how maps by
other boards use horrible color combinations and how MROSD's maps are
nicely marked out and how easily they can be read. There is lot of
scope, and urgent need, for improvement.
Mr Dhananjay Naniwadekar (Sunnyvale)
Regional Open Space
MIDPENINSIJLA REGIONAL OPEN SPACE DISTRICT
December 12, 2005
Santa Clara County Board of Supervisors
70 West Hedding Street
San Jose, CA 95110
Subject: Stanford Trails (Agenda Item 57 For the Meeting of 12/13/05)
Dear Supervisors:
On behalf of Midpeninsula Regional Open Space District, I would like to support the County's
effort to work with the community, other agencies, and Stanford to ensure that the proposed C-1
and S-1 trail alignments are consistent with the Countywide Trails Master Plan.
Although the District still believes that the S-1-E alignment,which has been eliminated from
consideration at this time, best meets the requirements of the Trails Master Plan and is the
recreationally and environmentally superior alternative; the District is not opposed to the S-1-C trail
alignment recommended by County Staff. We request that any new S-1 trail south of Junipero
Serra Blvd. be unpaved so that it does not detract from the rural nature of the surrounding lands.
We also request that you move forward immediately with the dedication of the S-1 trail and ask that
you require Stanford to be responsible for the required environmental review of the trail alignment.
However, the C-1 trail proposed by Stanford along Alpine Road is not in keeping with the
requirements of the General Use Permit,which was approved by the Board of Supervisors in
December 2000. The proposed C-1 alignment is a dangerous route that does not function as the
recreational hiking trail promised by Stanford, and could result in environmental damage to San
Francisquito Creek. Given that Stanford's dedication, construction and maintenance of public
recreational trails is required mitigation for the adverse environmental impacts caused by
implementation of the development rights granted, we urge you to reject the C-1 trail alignment
proposed along Alpine Road. As an alternative, we support Supervisor Kniss' proposal to require
that Stanford provide $11.2 million as an"in lieu"fund to be deposited with the Santa Clara County
Parks and Recreation Department to be used for public recreational needs (land purchase and trail-
related capital improvements) within a 10-mile radius of Stanford, within Santa Clara County.
Thank you for your consideration of the District's comments and recommendations. We look
forward to our continued collaboration within the County to establish a regional public trail system.
Sincer ly,
L. Craig Bri on, General Manager
LCB:cw:jb
Cc: MROSD Board of Directors
33o D istel Circle 650-691-1200 Info@openspace.org BOAR D Of DI R ECTORS:fete Siemens,Mary Davey,Jett Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6g1-0485 fax www.openspace.org Deane Little,Nonette Hanko,tarry Hossett,Kenneth C.Nitz L.Craig Britton
���Q huh
lie ional +C plen Sp tce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 13, 2005
Planning Commission
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
SUBJECT: Bernstein Residence—Hillside Exception Application
Honorable Commissionaires,
Thank you for the opportunity to comment on the permit application submitted by Marvin
Bernstein to the City of Cupertino. The Midpeninsula Regional Open Space District owns and
manages the 739-acre Fremont Older Open Space Preserve, which lies to the east as well as to the
west of the Bernstein parcel.
While the Bernstein parcel is not directly adjacent to the Fremont Older Preserve, the proposed
development would be visible to preserve users from both our Hayfield Trail as well as the
Coyote Ridge Trail. We feel that this type of exception would create a visual scar on the scenic
vista for our trail users, and for that reason, the District opposes the proposed Hillside Exception.
While we have not had time to review the plan in detail,we would hope that there have been plan
alternatives developed and that the Planning Commission will consider them.
If the proposed Hillside Exception is allowed by the City of Cupertino, the District respectfully
recommends the following measure to ensure that the development minimizes visual impacts to
the scenic vistas:
Vegetation Screening
The District recommends the planting of native vegetation in the area surrounding the proposed
Hillside Exception to screen views of the residence from visitors hiking in the adjacent preserve.
Given the location of the site as a scenic vista point and its proximity to surrounding open space
lands vegetation etation should b carefully selected ensuring that the species are locally native to
e
g Y � g p Y
prevent the further spread of invasive or exotic plants. The District further recommends that any
new plantings be arranged in a natural and clustered arrangement to prevent a "manicured" and
unnatural look that is characteristic of linear row plantings.
Thank you again for the opportunity to review and comment on the plans. If you would like to
discuss this matter further,please contact Planner Matt Sagues at(650) 691-1200.
Sin erely,
L. Craig Britton, General Manager
cc: MROSD Board of Directors
330DisteiCircle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:PeteSiemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nooette Honko,Larry Hossett,Kenneth C.Nitz L-Craig Britton
vx, Y istt a,
w
C1T�'`3F
E TIN O
1.0300 Torre Avenue OEC 0 2 2005
408-777-CITY
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Cupertino Planning Commission will hold a
p
special public hearing on the matter described below. The public is encouraged to attend
p
and speak.
APPLICATION NO.: EXC-2005-08
APPLICANT: Martin Bernstein
LOCATION: 22362 Regnart Road, 366-45-014
i
DESCRIPTION: Hillside Exception for a new 6,500 square foot residence on
a prominent ridgeline and an exception to the required
second story offset.
HEARING DATE: December 13, 2005 beginning at 6:45 p.m.
ADDRESS: Council Chamber, Community Hall, 10350 Torre Avenue
If you challenge the action of the Planning Commission in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City of Cupertino at, or prior to,
the public hearing. Please note that Planning Commission policy is to allow an applicant
and groups to speak for 10 minutes and individuals to speak for 3 minutes.
The agenda for this application will be available on the Friday afternoon preceding the
meeting.
NOTE: Agenda may be subject to change. If interested in an item, or have questions,
please call the Planning Department at 408-777-3308 prior to the meeting date to verify
that the item is still on the agenda. The time this item will be heard on the agenda cannot
be predicted.
I
NOTE TO OWNERS OF RECORD: This notice is sent to owners of real property as
shown on the last tax assessment roll. Tenants are not necessarily notified.
Steve Piasecki
Community Development Department
MIDPENINSULA REGIONAL OPEN SPACE A.P.N. : 366-01-039
375 DISTEL CL-STE D-1
LOS ALTOS CA 94022
-----Original Message-----
From: Gina Cioffi
To: info(a).open space.org
Sent: Wednesday, December 14, 2005 8:14 AM
Subject: Your website is wonderful!
I wanted to let you know that I truly appreciate your website's listing of activities -
especially the hiking activities - and the website's overall layout. The site is easy to
navigate, well designed, and comprehensive.
I notice you've redesigned the website somewhat and have got rid of the PDF format, for
which I'm grateful. PDF is a pain in the neck, HTML is much better(no plugin needed,
loads faster, more navigable). Also, you now provide links from the basic hike listings to
an individual description of each hike, including directions to the meeting place for that
hike. This is a much more accessible, friendly format. In my opinion, the redesign is very
successful. Because it's easier to find the information I need about hikes, I've gone on
more of them.
We all hear about it when we screw up, so I thought I'd take the time to let you know
what a great job you all are doing and how much I appreciate your work.
Gina Cioffi
Regional Open t, ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: L. Craig Britton, General Manager
I
i
DATE: December 9, 2005
RE: FYI's
OFFHoEE
Regional Op enS e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 22, 2005
Ce Ce Cleary, President
Brittan Heights Homeowners Assn.
3356 Brittan Avenue,#8
San Carlos, CA 94070
Dear Ms. Cleary:
Thank you very much for your letter of November 7, 2005 regarding the removal of eucalyptus
trees along Pulgas Ridge Open Space Preserve. Your letter was received on the afternoon of the
November 91h Board meeting; however, it was not processed in time to be presented to the Board
for the meeting. I apologize for any inconvenience this has caused.
I did want to let you know that the District received a number of a-mails and letters on this
subject and three members of the public attended the meeting to give input. Several constituents
who sent e-mails, as well as those in attendance at the meeting, requested the Board not have the
eucalyptus trees removed.
The Board discussed at length the pros and cons of the tree removal--weighing the desire to be
responsive to requests of the constituents versus the mission of the District to remove invasive
species so that the natural plant life can thrive. Ultimately the Board voted 6 to 1 in favor of
removing the six trees as part of the ongoing restoration plan for Pulgas Ridge, with two
directives to staff. The first directive was for staff to more pro-actively manage the site to
promote natural species growth and suppress non-native growth. The second directive was to
place removal of the water tank on the next fiscal year work plan.
For your further information, the District has planted over 300 native shrubs and hundreds of
acorns over the past three years as part of the restoration program. Unfortunately, native oak
trees are steady, slow growers.
I hope that this information is helpful to you. Your letter and photos will be shown to the Board
of Directors at the meeting of November 30, 2005. Thank you again for taking the time to
expre your opinion and perspective on this beautiful ridgeline.
Si erely,
L. Cra itt 1
III
General Manager
cc MROSD Board of Directors
33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Honko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
VE
CeCe Cleary
3356 Brittan Ave, #8
Pdreiit ula Regional Open Space District San Carlos, CA 94070
330 Distel Circle
Los Altos, CA 94022
November 7, 2005
Gentlemen: f"11
The Brittan Heights Condominiums are a complex of 35 buildings and 433 separate
residential units that was completed and occupied about 1974. When MidPen was
working to acquire Pulgas Ridge in the 1980's. the Homeowners Association
contributed thousands of dollars to assist the District in acquiring the property. It took
the homeowners until 1993 to retire the bonded indebtedness that financed their
contribution. Thus the Homeowners Association has a vested interest in the care and
management of Pulgas Ridge. (You may not have noticed our buildings on the ridge to
the east because they are painted dark brown and fit in very well with the surrounding
foliage.)
About 3 years ago, MidPen severely reduced the stand of eucalyptus trees along
Pulgas Ridge and promised that new trees would cover the barren area. Nothing is
apparent yet. At that time the Board of MidPen approved retention of a single row of
trees along the Ridge. According to the Agenda for your Nov. 9th 2005 meeting, the
"Approval for Removal of Eucalyptus Trees at Pulgas Ridge Open Space Preserve;
Determine...CEQA Exemption" is again up for consideration.
Pulgas Ridge comprises a major part of the view to the west from Brittan Heights
since we are situated just below the ridge to the east. That remaining row of
eucalyptus trees along the Ridge is the only group of tall trees between us and Skyline
Ridge, which is several miles away as the crow flies. They significantly enhance our
view by breaking up the monotonous span of chaparral and Coast Live Oak which
covers the slope below the Ridge and along adjacent ridges & slopes. Further, they
also obscure from sight that rusting water tank on top of the Ridge. Nor is this row of
about 25 trees a fire hazard since they are located at the top of a ridge.
I have attached a photo of Pulgas Ridge from Brittan Heights so that you can see
it from our point of view. We hope that you will respect our interest in the visual
appearance of the Ridge, and spare those trees.
Respectfully yours,
Ce Ce Cleary
President, Brittan Heights Homeowners Assn.
Board Members:
A# Darwin Patnode �&ona`ldBra`dley 0
fwo k-v� pkc4c>5
Regional Open face
--------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 25, 2005
Cupertino City Council
10350 Torre Ave.
Cupertino, CA 95014
RE: Gate of Heaven—Petition for Reconsideration
Permit Application U-2005-04
Honorable Council Members,
Regarding the Gate of Heaven Petition for Reconsideration of the above numbered permit
application,the Midpeninsula Regional Open Space District supports the Petition for
Reconsideration. This support is based upon the merits of the proposals as we noted in
our previous letters, including the District's August 16,2005 letter to the Planning
Commission and the November 9, 2005 letter to the council (see attached).
We appreciate the ongoing opportunity to work together in meeting the community
needs. If you have any questions or would like to discuss this matter further, please feel
free to contact Cathy Woodbury, Planning Manager at(650) 691-1200.
Sincerely,
I
Sally ielfoldt
Acting General Manager/Assistant General Manager
Cc: MROSD Board of Directors
L. Craig Britton, General Manager
Cathy Woodbury, Planning Manager
33o Distel Circle 650-6gr1200 info@openspace.org BOA R D 0 F D I RECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C,Nitz L.Craig Britton
Page 1 of 1
Sally Thielfoldt
From: Mark Edwards[mark@edwardsscharff.com]
Sent: Friday, November 25, 2005 1:48 PM
To: cityclerk@cupertino.org
Cc: JIMWW@aol.com; Craig Britton; Sally Thielfoldt; Cathy Woodbury; Jonas Roddenberry
Subject: Letter Petition for Reconsideration: Gate of Heaven Cemetery Matter; Applic. No. U-2005-04
Cupertino City Clerk
Attention: Ms. Kimberly Smith
10300 Torre Ave.
Cupertino,CA 95014
Re: Petition for Reconsideration -- Gate of Heaven - Upright Marker Matter
Lindberg Application No. U-2005 04 by Robert g on behalf of the Gate of Heaven Catholic
Cemetery
Dear Ms. Smith:
Please find attached a Letter Petition for Reconsideration for the referenced matter. This Petition for
Reconsideration relates specifically to the November 15, 2005 decision of the City Council approving a
change to the Gate of Heaven's Use Permit allowing the installation of upright markers.
A signed hard copy of Petition for Reconsideration and Attachments has been dispatched to you today by US
Mail.
Please do not hesitate to contact me with any questions.
Sincerely,
Mark
Mark S. Edwards, Esq.
Edwards& Scharff LLP
2211 Park Boulevard
Palo Alto,CA 94306
Ph: 650.330.1000; Fax: 650.330.1001;Cell:408-892-1666
mar k y,)pdw_ardsschzrff.com
www.edwardsscharff.com
CONFIDENTIALITY NOTICE: This email is ONLY for the persons in the header.Unless otherwise noted, it(and any
attachments)contains information which is confidential, privileged,or exempt from disclosure under relevant law. If you
have received it in error, please notify the sender and delete the message.
11/28/2005
I
Oak Valley Community Awareness
November 25, 2005
Cupertino City Co
uncil
10350 Torre Avenue
Cupertino, CA 95014
Re: Petition for Reconsideration --Gate of Heaven -Upright Marker Matter
Application No. U-2005-04 by Robert Lindberg on behalf of the Gate of Heaven
Catholic Cemetery
Dear Honorable Council Members:
On behalf of citizens of Cupertino, visitors to Rancho San Antonio Park, and clients of
the Cemetery who h oppose the use of upright markers at Gate of Heaven, we respectfully
p
P
request the honorable members of the City Council to reconsider the decision recorded on
November 15, which reversed the Planning Commission's 5-0 decision of August 23,
2005 regarding a significant and material change to the Gate of Heaven Catholic
Cemetery's use permit, allowing the installation of upright markers.
This Petition for Reconsideration relates specifically to the November 15, 2005 decision
of the City Council approving a change to the Gate of Heaven's Use Permit allowing the
installation of upright markers.
Background
Over the past seven months, members of the local community and the Open Space
District have, in good faith, openly worked with the Cemetery management to build
consensus and resolve issues which were part of the Cemetery's Permit Application U-
2005-04. Through a series of meetings, and through significant concessions by both the
local community and the Cemetery, 7 of the 8 issues were resolved and presented to the
Planning Commission for approval on August 23. We requested, recommended and fully
support the Planning Commission's approval of those seven issues. After reviewing the
facts presented at the November 15 City Council Meeting pertaining to landscape review,
we fully support the City Council's 5-0 decision denying the formal landscape review. In
summary, we support and encourage the Cemetery's continued success of its Cupertino
business, but we continue to oppose the Cemetery's request to change the Cemetery's use
permit to allow upright markers.
Grounds for Reconsideration
This Petition for Reconsideration is made pursuant and responsive to Title 2, Section
2.08.096 of the Cupertino Municipal Code. The specific grounds for reconsideration
are provided within the framework of the relevant elements of the Municipal Code below.
Oak Valley Community Awareness
A. "An offer of new relevant evidence which, in the exercise of reasonable
diligence, could not have been produced at any earlier city hearing." (§
2.08.096, Paragraph 13.1.)
1. The amount of inscription possible on horizontal markers was incorrectly stated
as being limited in comparison to upright markers. During the City Council's
discussion after the public hearing, Council member Sandra James presented a specific
example, where she and her son were disappointed with not being able to include more
details on the horizontal marker for her husband's grave. Although she intended this as
support for her decision to back upright markers, and successfully used it to influence
other members of the Council, it is not pertinent to the discussion. As a veteran,the
horizontal marker provided for her husband by the US Government is limited in size and
content to provide a uniform appearance and to provide specific information about the
veteran. Mrs. James could have chosen to purchase a more detailed horizontal marker,
which could have included the information that her son wanted inscribed on the
horizontal marker. Presenting the example of a veteran's horizontal marker as typical,
and not meeting the needs of the clients of the Cemetery, is misleading. It does not
accurately represent the excellent job the Cemetery has been doing to provide as much
detail in the inscriptions as needed by individual clients. Some of the larger horizontal
markers in the Cemetery have 9 lines of inscription on them, and other horizontal
markers even include pictures of the loved ones buried there. This is one of the reasons
the clients of the Cemetery who initially ask for upright markers are willing to accept
horizontal markers.
During the public hearing, Father Gregory Kim, who is Chinese-American, explained that
there are very specific criteria sought by the Chinese families to correctly show respect
for their elders. The criteria includes: size, location of the grave, and full inscriptions
including, honorific titles for the deceased, names of native places in China, and the
names of descendents who erected them. He stated that in order to allow the necessary
rows of Chinese characters, and fully honor their elders, Chinese families need to obtain
headstones of a larger size. He also stated that small, flat headstones would result in
criticism from friends and relatives. This is misleading,because there are many large
horizontal markers in the Cemetery that have full inscriptions, located on a beautiful
hillside, correctly honoring the Chinese elders buried there. Contrary to what was stated
by Father Kim, the Cemetery has done an excellent job of meeting the needs of the
Chinese community with proper inscriptions. Again, this is one of the reasons the clients
of the Cemetery who initially ask for upright markers are willing to accept well-designed
horizontal markers. Pictures of existing Chinese horizontal markers at the Cemetery are
included in Appendix i of this document.
2
III
Oak Valley Community Awareness
2. The Cemetery failed to survey their client community,yet improperly stated and
represented that they had, thus the decision was made on faulty information and the
true facts could not be presented. The Cemetery failed to survey their clients to see if
the majority of existingclients felt the Cemeteryshould allow upright markers, yet
J Y
improperly represented and stated that they had. Despite the statements and
representations of the Cemetery in connection with their appeal and the City Council
hearing on November 15, 2005, the Cemetery previously admitted—through their
director of Catholic Cemeteries Robert Lindberg - at the final Planning Commission
meeting on the topic on August 23, 2005 that"we don't do that." Further, evidence was
presented by current customers of the Cemetery, including Ms. Lori Ng, that no
r
information on the Cemetery's plans to install upright markers were communica
ted to the
customer base. Ms. Ng testified at the Planning Commission meeting of June 14, 2005
that she learned of the Cemetery's application only by reading an article in the
newspaper.
The Planning Commission repeatedly asked that the Cemetery perform this type of
survey to evaluate the impact of upright markers on the many thousands of existing
clients who purchased gravesites with horizontal markers. The vested interest of existing
clients such as Lori Ng, who has her son buried at the Gate of Heaven, specifically
surroundings provided b horizontal markers was not
beautiful surr ,
because of the b g p y
considered. Two members of the Planning Commission did an informal survey on the
afternoon of August 23, 2005 and found almost no support for allowing upright markers
among clients visiting the Cemetery on that date.
The general information presented by the appellant, stating that 40%of new clients
request upright markers, does not take into account the thousands of existing clients who
specifically chose Gate of Heaven for the beautiful setting provided by horizontal
markers. Upon further questioning about whether the Cemetery was losing business by
not providing upright markers, the response was that almost all of the new clients who
initially request upright markers agree to use horizontal markers. The appellant reported
that in fact the Cemetery's business is growing due to improvements in operations.
Under these circumstances, it is even more important to weigh the impact of the upright
markers decision on existing customers
3
i
Oak Valley Community Awareness
B. "Proof of facts which demonstrate that the City Council failed to provide
a fair hearing." (§ 2.08.096, Paragraph B.4.)
1. The facts to be provided by the presenters opposing upright markers could not be
heard, because the Council improperly and arbitrarily denied their right to speak.
The group spokesperson for the opposition group, Oak Valley Community Awareness,
was not allowed the requested 10 minutes in order to present the overall position of the
OVCA group. The group spokesperson was told that he would be allowed only 2
minutes to speak. Instead, the OVCA group was asked to delete speakers from the list
submitted for the public hearing, even though there were other members of OVCA
present who had already deferred their opportunity to speak to the listed group of
speakers. As a result, 3 of the OVCA speakers were denied their right to voice their
concerns, and the group spokesperson was limited to only 8 minutes.
2. The process was managed in a manner that was unfair to those opposing upright
markers, and slanted in favor of the Appellant and their supporters. To wit, the
recorded hearing demonstrates that:
a. From the outset, the Mayor led the Appellant's presentation on upright markers, and
through the positive question and answer process, leading the appellant's testimony,
indicated his support for upright markers.
b. Mayor Kwok also allowed the proceedings to deteriorate to the point that there was
applause after individuals spoke in the public hearing.
c. He also failed to interrupt speakers who spoke on the Veterans' Memorial issue, even
though participants were told at the start of the public hearing that the Veterans'
Memorial issue was prev
iously resol
ved and must confine their
Memo participants
P Y
comments to the two issues— g
uP ri ht markers and landscape review.
d. Mayor Kwok was inconsistent in cutting off speakers at 2 minutes during the public
hearing. Some opposition speakers were cut off promptly at 2 minutes, yet speakers
in favor were not.
e. Not all opposition speakers were allowed to speak; 3 speakers were denied the right
to speak and the opposition was thus denied due process and their right to be heard.
f. The Council did not consider or discuss the reasoning used in the decision by the
Planning Commission, even though some of the same concerns voiced by the
Planning Commissioners were presented during the public hearing.
g. During the Council discussion of the upright markers issue, the Mayor spoke in an
animated and loud manner, speaking over the orderly opposition speakers and
quashing the opposing views of the dissenting Council members.
h. Council Member Sandra James said she"would not even consider" a reduction of the
number of upright markers, demonstrating inadequate consideration of the
opposition's position.
i. The Major allowed a"rush to judgment,"summarily overruling a 5-0, well-
researched and well-reasoned Planning Commission decision.
4
Oak Valley Community Awareness
3. Over half the presentation by the appellant, and over half the discussion by the
City Council,was focused on the landscape review issue. As a result, not enough time
was allocated to discussing the upright markers issue and the documented reasons behind
the Planning Commission denying the use of upright markers 5-0.
4. As a client of the Cemetery, Council Member Sandra James actively spoke
against the housing development that she personally approved as a member of the
City Council in 1998. She even stated that she approved the housing development in
spite of the fact that her son was against losing the beautiful view from his father's
gravesite. Though this may be confusing at first glance, it shows that Sandra James was
biased in 1998, in favor of the Cemetery profiting from the sale of land for development,
even when it meant disappointing her son. That same bias, as a client of the cemetery,
appears to have affected her decision on upright markers, even if it affects the thousands
of clients of the Cemetery who chose Gate of Heaven because it was dedicated as"a
memorial park with horizontal markers." (1962 Use Permit.)
5. The Visual Projection System was not working for the OVCA spokesperson
opposing upright markers,preventing communication of relevant facts on the
matter to the City Council and the Community. As a consequence, the decision of the
Council Members was not and could not have been based upon all the facts, and the
hearing opposingupright was unfair to those o osin markers.
P C. "Proof of facts which demonstrate that the City Council abused its
rin a decision which was not supported by
Rendering pp
discretion b g
Y
findings of fact;" and/or
"Rendering a decision in which the findings of fact were not supported by
the evidence." (Ord. 1807, § 1, 1999) (§ 2.08.096, Paragraphs 13.5.b. & B.5.c.)
1. The Council did not respond to, review or discuss the rationale, reasoning or facts
behind the 5-0 decision of the Planning Commission denying upright markers. The
Council considered the matter anew without discussing or deliberating on key
information, facts or background provided through the series of earlier meetings.
a. Commissioner Miller stated in the August 23 Planning Commission meeting that, "in
this case, the cemetery gave up one of those key property rights in return for being
able to develop the cemetery in the first place. He essentially gave up the right to
vertical markers in return to build a cemetery in the first place." Because this was not
discussed, and speakers for the Cemetery described the actions of the Council as
"taking away the Cemetery's right,"the decision was based on opinion, not fact.
b. Commissioner Miller also stated in the August 23 Planning Commission meeting that
the Cemetery failed to disclose their intention to change the use permit when they
sold the surrounding lands to the developer in 1998. Because this was not discussed
by the Council, and presenters for the Cemetery were allowed to incorrectly state that
the lands surrounding the Cemetery were donated, the decision was based on opinion,
not fact.
5
Oak Valley Community Awareness
c. Commissioner Miller concluded his comments on August 23 by stating, "The last key
point is something Mr. Edwards said and that is if in fact there was no cemetery there
now, and a cemetery was being proposed, and it was being proposed with vertical
markers, would we in fact approve it?I would have to say I don't think we would."
Because this was not discussed, and because the City Council did not have a survey
of the overall client base of the existing Cemetery in justifying the need for change,
the decision to allow upright markers was based on opinion,not fact.
d. Commissioner Giefer stated in the August 23 Planning Commission Meeting that, "I
do agree with Mr. Wong [a client of the Cemetery] who indicated he would feel as
though the contract he had with the Gates of Heaven would be in violation because
they changed the complexity and the profile of the site." Because this was not
discussed by the Council, and the other existing clients of the Cemetery were not
surveyed to determine their desires,the decision was based on opinion, not fact.
2. Contrary to the Cemetery's representations and statements that the upright
markers are not visible from anywhere outside the Cemetery, the proposed
gravestones are visible from multiple locations, and there is a definite negative
visual impact to the neighbors and Open Space users. The proposed upright markers
will be visible and directly viewable from:
(i) the new Hammond-Snyder Loop Trail;
•
ii Anza Knoll Trail,the historic De
(iii) Cristo Rey Drive; and
(iv) the houses on Hammond Way.
Because this was not presented by those speakers who were taken off the speaker list by
the Mayor, the decision was based on opinion,not fact.
D. Possible Conflict of Interest. Although it is up to the City Attorney and other
members of the City Council to determine whether a conflict of interest should have been
disclosed by Mayor Patrick Kwok prior to the discussion of the Cemetery's appeal, it is
possible to question the lack of objectivity Mayor Kwok displayed during these
proceedings. Mayor Kwok disclosed during the recent election that he is a member of the
Finance Committee for St. Joseph's Catholic Church in Cupertino. In April 2005, St.
Joseph's Finance Committee reported that it was attempting to find ways of overcoming
a $300, 000 shortfall in income. Because the St. Joseph's Finance Committee reports this
to the Bishop of the Diocese of San Jose, the registered owner of the Gate of Heaven
Catholic Cemetery, it places undue pressure on Mayor Kwok concerning the Gate of
Heaven's appeal. We respectfully request the City Council discuss this as part of
reconsideration of the Cemetery's appeal, and that Mayor Kwok consider recusing
himself from future Council discussions on the Gate of Heaven.
6
Oak Valley Community Awareness
On behalf of citizens of Cupertino, visitors to Rancho San Antonio Park, and clients of
the Cemetery who oppose the use of upright markers at Gate of Heaven,thank you for
Your support.
Respectfully submitt d,
i Wheeler—OVCA Representative Mark Edwards—OVCA Representative
22238 Hammond Way 10512 Peralta Court
Cupertino, CA 65014 Cupertino, CA 95014
cc: Ms.Kinnberly Smith, City Clerk
Ms. Ciddy Wordell,City Planner
Mr. Steve Piaseeki, Director of Cormmunity Development
Mr. Craig Britton, General Manager,MROSD
Ms. Sally Thielfoldt, Assistant General Manager
Ms. Cathy Woodbury, MROSD
Mr. Jonas Roddenberry, MROSD
Enclosures:
1. Appendix 1: Pictures of Chinese horizontal markers at the Gate of Heaven
Cemetery;
2. Appendix 1I: November 25,2005 Letter Supporting Petition for
Reconsideration from Midpeninsula Regional Open Space District
i
I
7
Page 1 of 1
Margaret Reimche
From: General Information
Sent: Thursday, December 01, 2005 9:06 AM
To: Margaret Reimche
Subject: Fw: Feedback for Nov 30th Meting
-----Original Message -----
From: Marc W. LeGette
To: info "openWace.org
Sent: Wednesday, November 30, 2005 4:58 PM
Subject: Feedback for Nov 30th Meting
I am writing with regards to the Midpeninsula Regional Open Space District Board of Directors meeting 7:30 pm
this coming Wednesday, November 30, at the Los Altos Youth Center, 1 N. San Antonio Road in Los Altos.
The General Manager's recommendations are to make permanent what had been interim use designations for the
first three: hiking and equestrian for Black Mountain and hiking only for the next two. The details on Zinfandel
indicate his recommendation differs from that of the committee, but doesn't say what the committee
recommended. For the Soda Gulch, he recommends keeping the interim hiking only status while the trail is
evaluated for equestrian use.
I STRONGLY DISAGREE with these recommendations. Specifically:
-Soda Gulch—this trail is low use. It provides an important connection between Higgins Purisima Rd and Harkins
Ridge to Whitamore Gulch. It would increase bicyclist safety by allowing cyclists on Higgins Purisima Rd a
connection to the North Skyline parking lot that avoids riding along Skyline Blvd where there are no bike lanes.
- Ridge trail in Skyline OSP—this trail is beautiful and wide enough to accommodate multi-use. It provides a safe
route to Russian Ridge from Monte Bello, by allowing riders to avoid Skyline Blvd. There is a fireroad in
SkylineOSP, however this route is extremely steep and extremely difficult to ride up. Since this trail will see the
majority of it's bicycle use in the uphill direction, it make even more sense to have open to bicycle traffic.
Best Regards,
Marc
Marc W. LeGette
Director of Corporate Marketing
Mortgage Advisor
Equitas Capita/
Top Ten Most Dependable Mortgage Broker in Northern California
408.200.3833-office direct
408.888.8672 - mobile
408.280.1395 - FAX
w mie-c_u_itascap.com
By the way, I am never too busy for your financing referrals
12/1/2005
STANDING COMMITTEES: J� JOINT COMMITTEES:
BUDGET&FISCAL REVIEW, (. Wyly f�yrnli kY �t tr ` Arn Y tr JOINT COMMITTEE ON
G
CHAIR �C�l 4 11 �l lC-L µ-LL -C�.L 1.4i,-{.L LEGISLATIVE BUDGET,CHAIR
AGRICULTURE
ENVIRONMENTAL QUALITY SELECT COMMITTEES-
EN
ORGANIZATION SENATOR CALIFORNIA'S WINE INDUSTRY,
HEALTH CHAIR
HU MAN SERVICES WESEY CHESBRO COLLEGE
L.
VETERANS AFFAIRS ADMISSIONS&OUTREACH
SECOND SENATORIAL DISTRICT &MEN PMENTAL DISABILITIES
MENTAL HEALTH,CHAIR
STATE CAPITOL,ROOM 5035 MOBILE&MANUFACTURED
SACRAMENTO,CA 95814 ,�y HOMES
TEL(916)651-4002
FAX(9161 323-6958 11�r sa
ar d
December 2,2005
Mr.L.Craig Britton o
General Manager
OP P
Regional en Space
g
330 Distel Cir
Los Altos,CA 94022-1404
Dear Mr.Britton:
Thank you for your active support for California's parks,open space,wildlife and coastal protection. I am especially pleased to be the
author of Senate Bill 153,the 2006 Resource Bond Proposal.
California's population is expected to increase by 25 million people by 2040. California has a huge unmet need for safe parks and
playgrounds. As our population grows,we need to set aside space and provide the funds for state and local park development and
restoration.
During the last round of grant funding from Proposition 40,only one in four projects in heavily urbanized communities were funded.
Nearly$600 million in park requests were denied due to insufficient funds. These unfunded projects included many in California's
most economically and environmentally challenged areas including the San Joaquin Valley,Central Los Angeles,Oakland,San Pablo
and Stockton.
SB 153 provides for a$3.8 billion park and open space bond to be placed before the voters in 2006. The funds approved in the prior
bond have gone to correct the neglect of the past.It is now time to look forward.
SB 153 follows a similar pattern as Proposition 12 and Proposition 40. We hope to provide funding for state parks,urban local parks
and services,and wildlife habitat and coastal protection. We also provide funds for water protection. All the elements of this bond,
State parks,local parks,and protecting the State's coast have significant economic importance as well as improving our quality of life.
One of the things that we have discovered,or come to appreciate more,is the huge unmet need in Southern California. While the bond,
of course,provides for the protection of open space and wildlife habitat all over the State,urban Southern California is in desperate need
of new park space and the cost of that effort%ill be high.
This,like all other bonds,is a work in progress. I need your help in convincing Governor Schwarzenegger that a major resource bond
should be placed before the voters as soon as possible. I hope to seek legislative approval of SB 153 before the end of January to allow
this measure to be placed before the voters in June of 2006. I believe that the longer the issue is delayed the greater risk we run that
other state needs will overtake the clear funding needs for parks,open space,and water quality.
We all need to work together to put together a bond that meets our infrastructure needs and can enjoy broad public support. I hope you
will help me and continue to show your support for this important commitment to California's future.
Sincerely,
WESL BRO
State Sena ,Second District
WC:bf
444 GEORGIA STREET 50 D STREET,SUITE 120A 710 E STREET.SUITE 150 1040 MAIN STREET.SUITE 205 P.O.BOX 785
VALLEJO.CA 94590 SANTA ROSA,CA 95404 EUREKA.CA 95501 NAPA,CA 94559 UKIAH,CA 95482
TEL 1707)648 5312 TEL 1707)576-2771 TEL 4707)445-6508 TEL(707)224-1990 TEL(707)468-8914
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Printed on Recycled Paper ',,
For Immediate Release Contact: Anne Sharman
December G, 2OD5 Director cdCommunications
Phone: (650) 854-7696
Cell: (650) 814-2930
osharrnan@openspacetrust.org
| U.S. House of Representatives Approves BGNRA Boundary Expansion to Include POST's
RanchoCorna| de -[ierna
(MenloPark, Calif.) - �h� U.S. House of approved o boundary expansion for
` ' �
the Golden Gabe National Recreation Area (GGNR4). The legislation allows the GGNRAto �
extend its southern boundary to include portions of Peninsula Open Space Trust's (POST) �
Rancho Corral de Tierra, 4,262 acres that lies seven rni|eo south of San Francisco and 20
miles from the Silicon Valley.
"POST is grateful for the efforts of Congressman Torn Lantos (D-San Mateo),
Congresswoman Anna Eshoo (D-Palo Alto) and the Bay Area Congressional delegation for
leading the effort to expand the boundaries of the G{]NRA in U.G. House of
Representatives," said POST President Audrey Rust. "The work of Senator Dianne Feinstein
(U-California), Senator Barbara Boxer /D-California) and the Congressional delegation has
been outstanding and we look forward to continuing our partnership as we shift our focus to
the appropriations process."
While the legislation permits the boundary extension, the recreation area will not be
expanded to include portions of POST's Rancho Corral de Tierra until the GGNRA receives
federal appropriations to acquire portions of the property.
"We are pleased that the U.S. Senate and the U.S. House of Representatives have
agreed that a boundary expansion of the {3GNRA to include Rancho Corral de Tierra is in the
� national interest. The GBNRA and Rancho Corral de Tierra are a treasure trove of
� recreational opportunities, unique habitat, diverse wildlife and tremendous views,"
continued Rust. "As we move forward in the appropriations process, we will need the
� support of our community to ensure the inclusion of Rancho Corral de Tierra in the GGNRA."
�
� Rancho Corral de Tierra, historically known as Rancho Corral de Tierra Pa|ornares
� encompasses the majority of the 1839 Mexican Land Grant to Francisco Guerrero y
Pa|ornures where he built the first adobe on the San Mateo Coast at Denniston Creek. POST
acquired the historic property in three phases beginning in 2001 fora total cost of
$29,750,000. POST'a private donors, the California Coastal Conservancy and the Wildlife
Conservation Board made the acquisition possible.
The property supports distinctive coastal scrub and coastal chaparral habitats with
numerous federally listed, nsne and endangered plant and animal species and o number of
other special species of concern including the Peregrine Falcon and Hickrnan's cinquefoil,
among others. It also contains the headwaters for four major watersheds.
Rancho Corral de Tierra is an important recreation asset for the G0NRA. Acquisition �
of portions of the property would connect the congressionally designated Bay Area Ridge
Trail with the California Coastal Trail. The acquisition would also create an easily accessible
and logical southern entrance to the existing recreation area that does not currently exist.
###
POST is a leading private, nonprofit land trust dedicated to preserving the beauty, character and diversity of the �
� San Francisco Peninsula landscape. Since its founding in 1977. the organization has been responsible for saving
nearly 55,0UO acres oa permanent open space and parkland in San Mateo and Santa Clara counties. Included in
that total are 14,259 acres of coastal land POST has protected in the last four years through its $200 million Saving
the Endangered Coast campaign.