HomeMy Public PortalAbout20101027 - Agenda Packet - Board of Directors (BOD) - 10-29
Meeting 10-29
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, October 27, 2010
SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 5:00 P.M.
REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M.
330 Distel Circle
Los Altos, California
A G E N D A
SPECIAL MEETING
5:00* ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT –
CLOSED SESSION
*1. Closed Session: Public Employee Performance Evaluation – California Government Code §54957(b) (1).
Title of Employee: General Manager. General Counsel, and District Controller
REGULAR MEETING
7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT –
PUBLIC SESSION
ROLL CALL
REPORT ON RETURN FROM CLOSED SESSION (The Board shall publicly state any reportable action taken in
Closed Session pursuant to Government Code Section 54957.1)
**
**
ORAL COMMUNICATIONS – PUBLIC
ADOPTION OF AGENDA
7:10* CONSENT CALENDAR
*1. Approve Minutes of the Regular and Special Board Meetings of September 22, 2010
*2. Approve Revised Claims Report
*3.
Approve Written Communications – C. Hartnett and K. Tynan
7:20* BOARD BUSINESS
4. Calling of two Special Board Meetings for November 15, 2010, and December 9, 2010 – M. Radcliffe
5. Authorization for Use of New Comparator Benchmark Agencies Recommended by Koff & Associates to
Complete the Classification and Compensation Study – A. Spiegel
6. Approve the purchase of the Bergman Trust property as an addition to the Russian Ridge Open Space
Preserve, located at 20000 Skyline Boulevard, Woodside, California (San Mateo County Assessor’s Parcel
Number 080-330-080); Adopt the Preliminary Use and Management Plan; and Approve a Categorical
Exemption in Accordance with the California Environmental Quality Act – M. Williams
7. Authorization to Amend the Preliminary Use and Management Plans for Lobitos Ridge and Elkus Ranch
Uplands Additions to the Purisima Creek Redwoods Open Space Preserve to Incorporate a Rangeland
Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit; and Authorization to Approve
a Proposed Negative Declaration and Grazing Lease for the Lobitos Ridge/Elkus Ranch Uplands Grazing
Unit – E. Cuzick
8. Award of Contract with Rutherford & Chekene to conduct a Structural Lateral Analysis and Geotechnical
Assessment of the Radar Tower at the former Almaden Air Force Station on Mount Umunhum – G. Cooney
9. Authorization to Apply for a Land and Water Conservation Fund Grant for the El Corte de Madera Creek
Parking/Staging Area and Trails Project – G. Laustsen
10. Memorial Bench Policy – R. Jurgensen
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements
concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for
factual information; request staff to report back to the Board on a matter at a future meeting; or direct staff to
place a matter on a future agenda.
A. Committee Reports
B. Staff Reports
C. Director Reports
ADJOURNMENT
Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of
Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be
limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates.
Consent Calendar: All items on the Consent Calendar may be approved without discussion by one motion. Board members, the
General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration
of the Consent Calendar.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact
the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure
accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior
to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
I, Michelle Radcliffe, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the Special and Regular
Meetings of the MROSD Board of Directors was posted and available for review on October 22, 2010, at the Administrative Offices of MROSD, 330 Distel Circle,
Los Altos California, 94022. The agenda is also available on the District’s web site at http://www.openspace.org.
CERTIFICATION OF POSTING OF AGENDA
Signed this 22nd day of October, at Los Altos, California.
District Clerk October 22, 2010
Meeting 10-23
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SEPTEMBER 22, 2010
AMENDED MINUTES
I. ROLL CALL
President Mary Davey called the Regular Meeting to order at 7:00 p.m.
Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Curt Riffle, Pete Siemens, and
Mary Davey
Members Absent: Cecily Harris
Staff Present: General Manager Steve Abbors, General Counsel Sue Schectman,
Operations Manager David Sanguinetti, Public Affairs Manager Rudy
Jurgensen, Planning Manager Ana Ruiz, Real Property Manager Mike
Williams, Web Content Coordinator Vicky Gou, Open Space Planner II
Tina Hugg, Open Space Planner I Gretchen Laustsen, and District
Clerk Michelle Radcliffe.
II. ORAL COMMUNICATIONS
There were none.
III. ADOPTION OF AGENDA
Motion: Upon motion by Director Riffle, seconded by Director Siemens, and unanimously
passed, the Board approved adoption of the agenda. (Vote: 6-0-0; Absent: Harris)
Meeting 10-23 Page 2
IV. ADOPTION OF CONSENT CALENDAR
Motion: Upon motion by Director Cyr, seconded by Director Riffle, and unanimously
passed, the Board approved adoption of the Consent Calendar to approve the Board Minutes
dated August 30, 2010; Approval of FY 2010-11 Annual Claims List; and Revised Claims
10-19. (Vote: 6-0-0; Absent: Harris)
V. BOARD BUSINESS
A. Agenda Item 4 – Approval of Video for the District Website (R-10-104)
Web Content Coordinator Vicky Gou provided an overview of the District’s website
and explained how the District is using social media to expand the District’s presence.
She reported on how different social media tools like Twitter, YouTube, and Flickr
disseminate District information to a large mass of people almost instantaneously and
how they can assist in getting youth involved. Lastly, Ms. Gou showed a video, which
will be posted on the District website, of a dog and its teenaged owner enjoying
District preserves. She described how the video would be used as a “call to action” for
youth to create their own videos sharing their open space experiences. Ms. Gou
explained that staff will contact local high schools and media centers to kick off the
call to action. After a brief discussion, the Board thanked Ms. Gou and Public Affairs
for their work on the District website and for the video that was presented.
Motion: Upon motion by Director Hanko, seconded by Director Cyr, and
unanimously passed, the Board approved posting the video on the District Website.
(Vote: 6-0-0; Absent: Harris)
B. Agenda Item 5 - Consider General Manager’s Request to Forego a 5% Meritorious
Pay Award for Meritorious Service in Fiscal Year 2009-2010 (R-10-110)
General Manager Steve Abbors reported that he will forego his 5% meritorious pay
because of the District’s budget. Director Hanko thanked Mr. Abbors for forgoing his
meritorious pay and stated that he was worth more than what the Board is able to pay.
The Board shared the same sentiments as Director Hanko.
Motion: Upon motion by Director Cyr, seconded by Director Hassett, and
unanimously passed, the Board approved the General Manager’s request to forego a
5% meritorious pay award for Fiscal Year 2009-2010. (Vote: 6-0-0; Absent: Harris)
Meeting 10-23 Page 3
C. Agenda Item 6 – Authorization to Apply for both a Habitat Conservation Fund
Program Grant and Recreational Trails Program Grant for the El Corte de Madera
Creek Parking/Staging Area and Trails Project (R-10-106)
Open Space Planner I Gretchen Laustsen provided an overview of the El Corte de
Madera Creek Open Space Preserve and stated that because it is the most popular
preserve in the District, there is a need for parking/staging area on the preserve. She
provided a summary of the new parking area and explained that the implementation of
the parking lot will be completed in four phases. Ms. Laustsen summarized the grant
from the Recreation Trails Program stating that the District is requesting $218,000 in
funds and that this grant will help with Phase 1 of the project. In addition, she
provided a summary of the grant from the Habitat Conservation Fund, stating that the
District is requesting $318,000 in funds which will assist with Phases 1 and 2 of the
project. She explained that the District purposely asked for half the amount of the
total cost of the project as a strategic move; noting that the District would more likely
be awarded the grant if they asked for half the amount of the project. Brief discussion
was held on the status of the project and Director Riffle suggested that a “Donate
Now” option be placed on the District website for users to help fund the project.
Motion: Upon motion by Director Siemens, seconded by Director Hanko, and
unanimously passed, the Board authorized the General Manager to apply for both a
Habitat Conservation Fund Program Grant and Recreational Trails Program Grant for
the El Corte de Madera Creek Parking/Staging Area and Trails Project (Vote: 6-0-0;
Absent: Harris)
VI. INFORMATIONAL REPORTS
COMMITTEE REPORTS
Director Hanko reported that the Real Property Committee met on September 14th to discuss
the purchase of the Slaght property and stated that the Committee’s recommendation will be
brought forward to the Board for consideration at a future meeting.
Director Hanko reported that the Legislative, Funding, and Public Affairs Committee met on
September 20th to hear an update on the Resource Management Grant Program and to clarify
the Site Naming, Gift, and Special Recognition Policy regarding memorial benches. She
stated that the Committee’s recommendations will be brought forward to the Board for
consideration at a future meeting.
Director Cyr reported that the Sierra Azul Ad Hoc Committee met on September 20th to
receive a briefing on Mount Umunhum public meeting scheduled for September 30th.
Meeting 10-23 Page 4
STAFF REPORTS
Public Affairs Manager Rudy Jurgensen reported that the memorial plaque for the memorial
bench at St. Joseph’s Hill will be installed on September 23rd and that Santa Clara County Fire
will help with the installation. Mr. Jurgensen announced that he is working with Pescadero
High School teacher Randy Vail on a volunteer project for his class. Lastly, Mr. Jurgensen
provided an update on federal funding on the Mount Umunhum project and stated that the San
Jose Mercury News will be writing an editorial piece on the project.
Planning Manager Ana Ruiz provided an update on the grants submitted for the Cooley
Landing project and stated that the grant applications will be made available for inspection at
the City of East Palo Alto City Council meeting on September 23rd.
Real Property Manager Mike Williams reminded members of the Real Property Committee
that there is a meeting on October 5th to view the Bergman property located at Russian Ridge
Open Space Preserve.
Operations Manager David Sanguinetti reported that the he and Ms. Ruiz met with
constituents at Pulgas Ridge Open Space Preserve regarding the tree shade at the preserve.
He also reported that the there was a suicide on District land at Bear Creek Redwoods.
General Counsel Sue Schectman announced that the she will be sending an e-mail
memorandum to the Board regarding the September 30th Public Hearing.
District Clerk Michelle Radcliffe asked the Board for their availability for scheduling the
Strategic Plan Kick-Off workshop on October 22nd.
General Manager Steve Abbors provided updates on projects that Real Property, Planning,
Operations, Public Affairs and Administrative Services are currently working on.
DIRECTOR REPORTS
The Directors submitted their compensable meeting forms to the District Clerk.
Director Riffle reported that he led a five hour hike for Alctera that included the Nature Center
and Horseshoe Lake and commented that some of the hikers were glad to see that the Nature
Center and Horseshoe Lake were relatively close by. Next he reported that he met a Board
member from the Bay Area Ridge Council and that the Board member acknowledged the
good work the District has been involved in.
Director Cyr reported that he was a volunteer on the Ridge Trail Cruise on September 11th and
that he attended the opening of the bike trail from Sunnyvale to Mountain View at Moffett
Field on September 20th. In addition, Director Cyr suggested that the District look into using
Groupon as a way to get the District’s name out to the public.
Meeting 10-23 Page 5
Director Hassett shared news about the Winslow’s home burning down and stated he and his
wife visited the old redwoods on their way to Seattle and announced that less than 2% of old
growth redwoods currently exist.
President Davey shared comments regarding the District’s trails that she received from Jean
Russmore.
VII. ADJOURNMENT
President Davey adjourned the Regular Meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 7:42 p.m.
Michelle Radcliffe, CMC
District Clerk
October 27, 2010
Celia Hartnett
Dear Ms. Hartnett:
Thank you for your email from September 29, 2010 addressed to the Midpeninsula Regional Open Space
District (District) Board of Directors. Your interest and comments regarding potential access to Pulgas
Ridge Open Space Preserve via Los Vientos Way are greatly appreciated and we have noted your support
for the potential project.
As discussed at the District’s September 28, 2010 Use and Management Committee meeting, the City of
San Carlos has requested District assistance to create a trail connection from Crestview Drive to Pulgas
Ridge Open Space Preserve in the form of constructing a northern trailhead entrance at the end of Los
Vientos Way. This connection is a top priority in the City’s Trails Connections Plan, which was
approved in 2007. Working in partnership with the City, the potential project would consist of creating a
new Preserve trailhead at the end of Los Vientos Way, addressing parking, traffic and safety concerns
raised by neighbors living off Los Vientos Way, and constructing a connector trail from the new Preserve
entrance to the existing Dusky-footed Woodrat Trail.
After having the opportunity to hear and consider public input, the District's Use and Management
Committee voted to continue the investigative process. Working together with the City, staff will contact
the San Carlos Fire Department to discuss the potential project and any fire concerns, research home
values near trail entrances and open space, and re-contact the San Francisco Public Utilities Commission
(SFPUC) to discuss the feasibility of using adjacent SFPUC lands to establish a connection between
Crestview Drive and Pulgas Ridge Open Space Preserve. The results of these investigations will be
presented to the Use and Management Committee at a future meeting. As with the September 28
meeting, all future meetings will be publicly noticed and all interested parties will be notified. You have
been added to the Pulgas Ridge interested parties list and will be notified of this meeting.
Again, thank you for taking the time to contact the District about potential access to Pulgas Ridge. We
look forward to your input as we continue to consider this potential project.
Sincerely,
Larry Hassett, Board President and Use and Management Committee Chair
Midpeninsula Regional Open Space District
From:
Sent: Wednesday, September 29, 2010 11:50 AM
To: info@openspace.org
Subject: Letter to the MROSD
September 29, 2010
Board of Directors & Staff, Midpeninsula Regional Open Space District
Members of the City Council & Staff, City of San Carlos
Dear Elected Officials and Staff,
First and foremost I am writing to thank you for holding the meeting last evening on-site
at the Los Vientos terminus in San Carlos. I had been looking forward to attending the
meeting and hearing the potential joint plans for a trail head. I anticipated that there
would be some concerns expressed and was interested in contributing to ideas to mitigate
these.
However, I feel obliged now to apologize for some of our City’s residents whose bad
behavior and rudeness at the meeting was unacceptable. Their sense of entitlement, their
desire for exclusive domain over a public street, and their disrespect and lack of
appreciation for the staff and elected officials in attendance were extremely
disappointing.
The Open Space District has been a good neighbor to the residents of San Carlos.
Unfortunately some people either have very short memories or are ignorant of the
contribution the Open Space District has made to the quality of life here and to the value
of the private property adjacent to the open space. For every one of them, there are those
of us who remember the alternative proposals for this beautiful property and will be
eternally grateful to the city council, to POST, and to the MROSD for making what we
now enjoy available to us.
I have been involved in both law enforcement and open space matters for almost four
decades. Fire hazards exist whether or not there is a trail head at that particular location.
The neighbors adjacent to the proposed trail head have stated that there are already pre-
existing issues with undesirable people and litter in the area. These types of occasional
detractors are inevitable, can never be totally prevented, at this location or indeed,
anywhere, and must be dealt with as they occur. I say this should not give us cause to
punish or deprive the considerate and law-abiding people who want to enjoy their
surroundings. Most people have cell phones these days ... let’s post a sign asking the
good people using the area to report any problems they observe, get a commitment from
the Sheriff’s Office to respond in a timely fashion, and move ahead.
Once again, thank you for your time and commitment to making this a better place for
animals, people and plants to live. I want to assure you of my continued support in your
efforts.
Sincerely,
Celia Hartnett
October 27, 2010
Katherine Tynan
San Carlos, CA
Dear Ms. Tynan:
Thank you for your email from September 28, 2010 addressed to the Midpeninsula Regional Open Space
District (District) Board of Directors. Your interest and comments regarding potential access to Pulgas
Ridge Open Space Preserve via Los Vientos Way are greatly appreciated and we have noted your support
for the potential project.
As discussed at the District’s September 28, 2010 Use and Management Committee meeting, the City of
San Carlos has requested District assistance to create a trail connection from Crestview Drive to Pulgas
Ridge Open Space Preserve in the form of constructing a northern trailhead entrance at the end of Los
Vientos Way. This connection is a top priority in the City’s Trails Connections Plan, which was
approved in 2007. Working in partnership with the City, the potential project would consist of creating a
new Preserve trailhead at the end of Los Vientos Way, addressing parking, traffic and safety concerns
raised by neighbors living off Los Vientos Way, and constructing a connector trail from the new Preserve
entrance to the existing Dusky-footed Woodrat Trail.
After having the opportunity to hear and consider public input, the District's Use and Management
Committee voted to continue the investigative process. Working together with the City, staff will contact
the San Carlos Fire Department to discuss the potential project and any fire concerns, research home
values near trail entrances and open space, and re-contact the San Francisco Public Utilities Commission
(SFPUC) to discuss the feasibility of using adjacent SFPUC lands to establish a connection between
Crestview Drive and Pulgas Ridge Open Space Preserve. The results of these investigations will be
presented to the Use and Managment Committee at a future meeting. As with the September 28 meeting,
all future meetings will be publicly noticed and all interested parties will be notified. You have been
added to the Pulgas Ridge interested parties list and will be notified of this meeting.
Again, thank you for taking the time to contact the District about potential access to Pulgas Ridge. We
look forward to your input as we continue to consider this potential project.
Sincerely,
Larry Hassett, Board President and Use and Management Committee Chair
Midpeninsula Regional Open Space District
-----Original Message-----
From: tynankm
Sent: Tuesday, September 28, 2010 9:34 PM
To: BOARD; Clerk; Vicky Gou; General Information
Subject: 09/28/2010 - - Contact Board
First Name: Katherine
Last Name: Tynan
Email Address:
Ward / Location: San Carlos
Comments:
Re access to Pulgas Ridge via Los Vientos, I attended the meeting at
Los Vientos and Pulgas Ridge today and live in San Carlos just down the
hill at 825 Somerset Ct. I encouraged everyone to signin at the
meeting in the hope of impressing on you the number of people from
outside Los Vientos & Bell Ct that are as passionate as I am about
hiking trails and public access to open space. I and many of my
friends left this afternoon without speaking because of the rudeness of
the neighbors. Frankly I was appalled at the lack of civil discourse
from my fellow San Carlos citizens. This is a great opportunity to
have neighborhood access to this gem of a park without having to drive
to Edmonds road. I just hope that the unsubstantiated scare mongering
of a few will not spoil neighborhood access for the community of San
Carlos at large to this marvelous park. Thanks for taking the time to
meet with us today. Regards Katherine
R-10-121
Meeting 10-29
October 27, 2010
AGENDA ITEM 4
AGENDA ITEM
Calling of Special Board Meetings for November 15, 2010, and December 9, 2010
GENERAL MANAGER’S RECOMMENDATION
The General Manager recommends calling two Special Board Meetings as follows: 1) a Special
Meeting on November 15, 2010, to receive public input regarding the significant public benefit
of a proposed bond financing to fund the purchase of open space lands in San Mateo County;
2) and a Special Meeting on December 9, 2010, to receive public input regarding the Mount
Umunhum Site Restoration and Public Access Project and tentative Board approval of a
recommendation for a preferred project alternative to enable the environmental review process to
move forward in a timely manner.
DISCUSSION
Bond Financing
Government Code Section 6586.5 provides that when a public agency desires to issue bonds to
finance a public improvement or project, the agency shall hold an advertised and noticed public
hearing in the county in which the public project may occur. Since the District’s boundaries are
in Santa Clara County and San Mateo County, and since the financing is for the purpose of
purchasing open space lands in both counties, the Board of Directors will need to hold a meeting
in both counties prior to a determination to undertake financing for such projects by issuance of
District bonds. The required meeting in Santa Clara County will be held on November 17, 2010,
which is the date of the regularly scheduled Board meeting. The General Manager recommends
that the required meeting for San Mateo County be held on November 15, 2010. The Special
Meeting will be held at the Town of Portola Valley Community Hall, 765 Portola Road, Portola
Valley, CA 94028 and has been scheduled for 7:00 p.m.
Mount Umunhum Site Restoration and Public Access Project
On September 30, 2010, the Board held an informational public workshop to gather input from
the public (See Report R-10-97) on the site planning project for Mount Umunhum. Staff is
currently compiling public input from that meeting and is crafting a preferred alternative with the
Sierra Azul/Bear Creek Redwoods Ad Hoc Committee. Because the Mount Umunhum project is
R-10-121 Page 2
a significant project for the District and due to the number of interested parties desiring to
participate in the public comment process, the General Manager recommends that a second
public Board of Directors meeting be held to receive additional public input, to receive the
Committee’s recommendation for a preferred alternative, and to receive tentative Board approval
of a preferred alternative to serve as the project description to enable the environmental review
and its associated public input process to continue to move forward. This second workshop is
scheduled for December 9, 2010, at the Historic Del Monte Building, 100 S. Murphy Street,
Sunnyvale.
FISCAL IMPACT
There are no unbudgeted fiscal impacts from calling a Special Meeting of the Board of the
Directors.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This is not a project under the California Environmental Quality Act and no environmental
review is required.
NEXT STEP
The next step is to notice the Special Meetings in compliance with the Brown Act.
Prepared by:
Michelle Radcliffe, District Clerk
Contact person:
Same as above
R-10-113
Meeting 10-29
October 27, 2010
AGENDA ITEM 5
AGENDA ITEM
Authorization for Use of New Comparator Benchmark Agencies Recommended by Koff &
Associates to Complete the Classification and Compensation Study
GENERAL MANAGER’S RECOMMENDATION
Authorize use of new comparator benchmark agencies recommended by Koff & Associates to
complete the classification and compensation study.
SUMMARY
The current Memorandum of Agreement with the District Field Employees Association requires
the District to complete a comprehensive classification and compensation survey to determine
market placement of the bargaining unit classifications prior to March 31, 2011. At its meeting
of June 9, 2010, the Board approved a professional services contract with Koff & Associates for
a District-wide classification and compensation study. Then, at its meeting of August 11, 2010,
the Board approved an amendment to the professional services contract to include a benefits
study for a comprehensive classification and compensation study (see Board Report 10-90).
Koff and Associates is recommending thirteen (13) agencies, including cities, and special
districts, both dependent and independent, for Board consideration.
DISCUSSION
Koff & Associates held employee orientation meetings to explain the process for completion of
the individual Position Description Questionnaires (PDQs), and Managers have reviewed the
PDQ forms for accuracy. Individual employee and group interviews were held to further clarify
job duties, knowledge, skills and abilities required to perform within their job classification. A
position allocation list was created with recommended job classification title changes and two re-
classifications. Draft job classifications will be completed by October 1, 2010. Koff &
Associates researched comparator agencies and is recommending thirteen (13) agencies to use to
benchmark salary ranges and benefits. The Mountains Recreation and Conservation Authority
comparator was recommended by the District Field Employees Association; and after
consultation with Koff & Associates, was found to be a close fit for the District and was
therefore included. Katie Kaneko, President of Koff & Associates, will provide an overview of
these recommended comparator agencies for the Board.
R-10-113 Page 2
FISCAL IMPACT
There is no fiscal impact to the contract as the cost for selection of new comparator benchmark
agencies is included in the original professional services contract. The compensation and
benefits benchmark study must be completed before the fiscal impacts of any proposed market
adjustments can be determined.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEP
If approved, the next steps will be to benchmark the newly written job classifications to the
thirteen (13) comparator agencies for salary range and benefits information to complete the
comprehensive classification and compensation study.
Attachment
List of thirteen (13) comparable agencies for benchmarking salary ranges and benefits
Prepared by:
Annetta Spiegel, Acting Administration and Human Resources Manager
Contact person:
Same as above
Midpeninsula Regional Open Space District
Recommended Proposed Comparator Agencies
September 2010
Agency
Miles
from
Client
Population
(2010)
Median Home
Price (2009)
% above /
below U.S
Cost of Living
Average
(2007)
Median
Household
Income (2007)
FTE Total Budget* Services Provided
Midpeninsula Regional Open Space District 28,863 $1,634,000 362.82% $146,658 115 Preserved 58,000 acres, creating 26 open space reserves; covers
550 square miles
City of Boulder, CO 1 1,292 303,482 $372,390 40.21% $49,178 115 $26,384,041 Open Space/Mountain Parks Department only
City of Mountain View 3 75,787 $657,900 101.85% $83,345 609 $201,836,030
City Attorney; Community Development (planning, building, economic
development, neighborhood preservation); Community Services
(recreation programs, golf course, performing arts center, parks &
open space); Fire; Library; Police; Public Works (transportation,
engineering, water distribution, wastewater systems, streets, vehicles
& equipment, closed landfill)
City of Palo Alto 5 65,408 $911,670 134.42% $104,616 1,007 $545,368,000
City Attorney; Community Services (arts & sciences, community
center & human services, open space & parks, recreation & golf);
Fire; Library; Planning & Community Environment (building, planning,
transportation, code enforcement); Police; Public Works (streets,
facilities, fleet, wastewater treatment); Utilities (water, gas,
wastewater, electric)
City of Walnut Creek 53 66,584 $565,050 74.81% $71,051 332 $63,626,115
Arts, Recreation, & Community Services; City Attorney; Community
Development (planning/zoning, building); Police, Public Services
(parks, open space, engineering, maintenance, and traffic
engineering)
County of Boulder, CO 2 1,292 303,482 $372,390 40.21% $49,178 108 $282,112,798 Parks and Open Space Department
County of Marin 3 56 260,651 $658,320 82.94% $69,319 63 $1,991,513 Parks & Open Space (includes Marin Open Space District)
County of San Mateo 4 13 754,285 $743,190 103.36% $75,123 52 $2,685,718 Parks Department: 17 parks; 15,680 acres
County of Santa Clara 5 18 1,880,876 $976,480 192.50% $111,718 206 $45,040,996 Department of Parks & Recreation: 28 parks; 45,000 acres
East Bay Regional Park District 40 2,647,912 $341,430 40.73% $47,445 622 $197,100,000 Alameda and Contra Costa Counties: 100,000 acres with 65 parks
and 1,100 trails
Mountains Recreation and Conservation Authority 6 354 4,094,764 $400,360 44.40% $46,393 140 $29,208,087
Joint Powers Authority (3 agencies: Santa Monica Mountains
Conservancy, Conejo Recreation & Park District, and Rancho Simi
Recreation & Park District); dedicated to the preservation and
management of local open space and parkland, watershed lands,
trials, and wildlife habitat; manages and provides ranger services for
60,000 acres of public land and parks; provides natural resources
and scientific expertise, regional planning services, park construction
services, park operations, fire prevention, ranger services,
revitalization, and educational and leadership programs.
Riverside County Regional Park & Open Space
District 413 2,139,535 $249,690 17.82% $46,311 108 $42,971,666
Part of the County; funding comes from property tax allocations,
general fund, user fees and charges, leases, concessions, and
special events.
Sonoma County Agricultural Preservation and
Open Space District 82 493,285 $558,960 61.43% $59,565 26 $16,320,720
Part of the County; protects 77,000 acres of land through easements
& outright purchases; County-wide dependent special district funded
by voter-approved quarter cent tax. Park Rangers are in Regional
Parks Department.
State of California N/A N/A N/A N/A N/A N/A N/A For Park Rangers only.
* 2010-11 total budgeted revenue (otherwise noted).
1- City of Boulder represents Open Space/Mountain Parks Department FTE and budget only.
2- County of Boulder FTE represents Parks & Open Space department only and budget represents total County General Fund Revenues only.
3- County of Marin represents Parks & Open Space Department FTE and budget only.
4- County of San Mateo represents Park Department FTE and budget only.
Page 1 of 4 Recommended
Midpeninsula Regional Open Space District
Recommended Proposed Comparator Agencies
September 2010
5- County of Santa Clara represents Department of Parks & Recreation FTE and budget only.
6- Mountains Recreation and Conservation Authority also has 28 on-call staff; staff are employed by the Authority (JPA) not the districts, includes Rangers, maintenance and construction, and office support staff.
Page 2 of 4 Recommended
Midpeninsula Regional Open Space District
Proposed Comparator Agencies
September 2010
OTHER AGENCIES FOR CONSIDERATION:
Agency
Miles
from
Client
Population
(2010)
Median Home
Price (2009)
% above /
below U.S
Cost of Living
Average
(2007)
Median
Household
Income (2007)
FTE Total Budget* Services Provided
City of Cupertino 6 10 56,431 $880,700 156.21% $113,690 163 $64,131,000
Code Enforcement; Community Development (planning, building,
housing, economic development & redevelopment); Parks &
Recreation; Public Works (street maintenance, engineering,
environmental programs)
City of Los Altos 0 28,863 $1,634,000 362.82% $146,658 130 $38,402,414
City Attorney; Community Development (building, planning,
engineering); Maintenance Services (streets, parks, facilities,
automotive, sewers); Police; Recreation
City of Redwood City 13 78,568 $743,190 103.36% $75,123 521 $182,177,158
Building, Infrastructure, & Transportation; City Attorney; Community
Development Services; Fire; Library; Parks, Recreation, & Community
Services; Planning, Housing, & Economic Development; Police; Port;
Public Works (water utility, wastewater, streets, fleet management)
City of San Jose 16 1,023,083 $544,640 61.51% $82,000 5,656 $2,943,823,632
Airport; Animal Care & Services; City Attorney; Building; Code
Enforcement; Development; Economic Development; Environmental
Services (water, garbage & recycling, green building, wastewater);
Fire; Housing; Parks, Recreation, & Neighborhood Services
(community centers, camps, zoo, parks, trails); Planning; Police;
Public Works; Redevelopment, Transportation
City of San Mateo 20 97,535 $678,110 88.53% $71,788 646 $168,770,102
City Attorney; Community Development (building, code enforcement,
economic development & business assistance, green building,
neighborhood improvement & housing, planning); Fire; Library; Parks
& Recreation (parks, facilities, golf course, recreation programs);
Police; Public Works (streets, sewers, open creeks & drainage
canals, wastewater treatment plant)
City of Santa Clara 13 118,830 $567,670 64.11% $81,718 1,011 $624,205,650
City Attorney; Electric Utility; Fire; Library; Parks & Recreation
(recreation center and programs, facilities, golf, tennis, parks,
theatre); Planning & Inspection; Police; Public Works (engineering,
building maintenance); Street; Water & Sewer Utilities
City of Sunnyvale 6 140,450 $583,590 72.67% $85,377 896 $281,578,465
City Attorney; Community Development (planning, building, housing,
redevelopment); Community Services (recreation programs, golf,
parks, theatre); Library; Public Safety (police and fire); Public Works
(transportation, street, engineering, water distribution, sewer, solid
waste)
County of Sacramento 7 121 1,445,327 $192,950 6.10% $48,306 51 $5,287,356
Department of Regional Parks: 15,000 acres of land including golf
courses, nature center, leisure services, recreation services, and
parkway
East Bay Municipal Utility District 38 430,666 $292,050 29.00% $49,404 2,055 $643,582,000
Water and wastewater services. Ranger/Naturalist classification
performs general maintenance and other duties related to operation,
development, and conservation of the District's watershed, fisheries
and wildlife, and outdoor recreation properties; does not require
PC832. Security Shift Supervisor observes, patrols, and reports on
security preparedness at District facilities during inspections and
unscheduled site visits and recommend improvements; oversees
contract security monitoring on an assigned shift; PC832 not
required.
Los Angeles County Regional Park & Open Space
District 354 10,441,080 $466,040 55.66% $40,844 20 $2,163,000 Part of the County; 2.25 million parcels of real property in the County;
funded through voter approved benefit assessment.
Page 3 of 4 Other Agencies
Midpeninsula Regional Open Space District
Proposed Comparator Agencies
September 2010
Agency
Miles
from
Client
Population
(2010)
Median Home
Price (2009)
% above /
below U.S
Cost of Living
Average
(2007)
Median
Household
Income (2007)
FTE Total Budget* Services Provided
Marin Municipal Water District 52 9,737 $755,770 116.20% $98,799 265 $73,655,976
Water services. Park Ranger classifications participate in patrol,
protection, environmental-historical-cultural interpretation,
maintenance, and visitor assistance, enforcement, and compliance
activities of watershed areas; enforces District regulations and State
and Federal laws; requires PC832 certificate from NPS Ranger
Academy or POST Basic Training Academy, completion of defensive
tactics training (baton and pepper spray), completion of Marin County
Fire Academy or National Wildlife Coordinating Group course S
130/190, Basic Wildland Firefighter/Fire Behavior, and possession of
Emergency Medical Technician certificate issued by Marin County.
Napa County Regional Park and Open Space
District 82 138,917 $477,630 51.40% $59,045 28 $2,279,079
Part of Conservation, Development, and Planning Division;
jurisdiction includes all of Napa County; funding and staffing comes
from the County of Napa.
Santa Clara Open Space Authority 8 16 1,023,083 $544,640 61.51% $82,000 13 $4,348,000
Cities of Campbell, Milpitas, Morgan Hill, Santa Clara, and San Jose,
and unincorporated Santa Clara County; protect sensitive lands,
preserve natural communities, and manage open space
Santa Clara Valley Water District 16 1,023,083 $544,640 61.51% $82,000 771 $315,000,000
Water services. Vegetation Program Specialist classifications
perform a variety of technical duties and administrative
responsibilities in support of vegetation management programs,
including vegetation control work and/or revegetation projects;
collection and analysis of field data; review construction and
engineering plans. There are general maintenance worker
classifications responsible for maintenance of watershed areas and
facilities. There are no classifications similar to Rangers.
Town of Los Gatos 6 18 30,802 $976,480 192.50% $111,718 148 $64,741,290
Code Compliance; Community Development (building, planning);
Community Services; Library; Parks & Public Works (streets, parks,
streets, engineering); Police; Town Attorney
* 2010-11 total budgeted revenue (otherwise noted).
6- 2009-10 budget data.
7- County of Sacramento represents Department of Regional Parks FTE and budget only.
8- 2008-09 budget data.
Page 4 of 4 Other Agencies
R-10-115
Meeting 10-29
October 27, 2010
AGENDA ITEM 6
AGENDA ITEM
Approve the purchase of the Bergman Trust property as an addition to the Russian Ridge Open
Space Preserve, located at 20000 Skyline Boulevard, Woodside, California (San Mateo County
Assessor’s Parcel Number 080-330-080); Adopt the Preliminary Use and Management Plan; and
Approve a Categorical Exemption in Accordance with the California Environmental Quality Act
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in this report.
2. Adopt the attached Resolution authorizing the purchase of the Bergman Trust (Bergman)
property.
3. Adopt the attached Resolution authorizing issuance of the Promissory Note for the Bergman
property acquisition.
4. Adopt the Preliminary Use and Management Plan contained in this report, including naming
the property as an addition to the Russian Ridge Open Space Preserve.
SUMMARY
The Midpeninsula Regional Open Space District (District) is proposing to purchase the 14.25-
acre Bergman property at a price of $1,700,000 plus an additional $170,000 in interest payments
on a five (5) year promissory note, for a total purchase cost of $1,870,000. The following report
presents a description of the Bergman property, Coastside Protection Plan process, a Preliminary
Use and Management Plan, the environmental review, the purchase terms and conditions, and
financial considerations.
DISCUSSION
The 14.25-acre Bergman property is located four (4) miles east of the Town of La Honda in
unincorporated San Mateo County, high on the west-facing slopes of Russian Ridge. The
property is a remnant inholding located within Russian Ridge Open Space Preserve
R-10-115 Page 2
approximately ½ mile west of Skyline Boulevard (see attached map). The property is accessed
via an unpaved private drive off of Skyline Boulevard (Highway 35) that serves a handful of
private properties and also provides patrol access (but not public access) into the northern area of
the Preserve.
The property is located within the District’s Coastal Protection Area, an area that was annexed
into the District boundaries in 2004. Prior to the purchase, the District requested confirmation
from the County of San Mateo that the purchase was in conformity with the County’s General
Plan. At its December 10, 2008 meeting, the San Mateo County Planning Commission had
determined that the purchase was in conformity.
The District’s Real Property Committee held a meeting on the property (within the District’s
Coastside Protection Area) in order to acquaint the Committee, neighbors, and interested parties
with the property, and to receive public input into the proposed purchase. This meeting was held
on October 5, 2010 after notice was distributed to property owners of land located adjacent to or
near the subject property, coastside public officials, community interest groups, and government
agencies within the Coastside Protection Area. At the Real Property Committee meeting, staff
described the property and explained how the property would be a natural extension of the
adjacent Preserve. After Committee discussion, a brief tour of the property improvements
followed. The Committee voted to forward their recommendation of purchasing the property to
the full Board of Directors for consideration at a future Board meeting.
The purchase of the Bergman property would improve the District’s ability to patrol and manage
Russian Ridge Open Space Preserve, protect the Preserve from further development impacts, and
create the opportunity for the future extension of the Alder Springs Trail toward the currently
closed northwestern portion of the Preserve.
Property Description (see attached map)
The Bergman property slopes from east to west and consists of rolling grasslands, steep forested
slopes, and lush creek corridors. Situated close to the ridgeline, the property possesses
impressive scenic watershed views. Several small tributaries to Mindego Creek occur on the
property. A year-round spring supports a lush riparian corridor lined with large alder trees. With
a varied mosaic of grasslands, chaparral, oak and riparian woodlands, the property provides a
rich resource for many wild animals, including wildlife such as coyotes, bobcats and dusky-
footed woodrats, a wide variety of raptors and passerines, and potentially amphibians attracted
by the year-round spring.
Originally inhabited by Native Americans, the property eventually became the manager’s
complex for the historic summer home and ranch owned by Mayor (and Governor) James
"Sunny Jim" Rolph, Jr., of San Francisco (portions of which are now part of Russian Ridge and
Skyline Ridge Open Space Preserves).
R-10-115 Page 3
Existing Structures and Improvements
The Bergman family purchased the property in 1946 and three generations of the family have
lived there, occupying the compound with four houses and numerous ranch outbuildings. Most
of the structures and improvements likely preceded current zoning and building controls,
although some of the structures have been more recently altered/enlarged without County
permits. These improvements consist of the following:
Name Size Age
Main House Two story, 1,600 sq. ft, 2 bedrooms, 1 bath 1970s
Guest House One story, 600 sq. ft., 1 bedroom, 1 bath
(no kitchen)
1920s
Carriage House / Apartment One story, 400 sq. ft.,1 bedroom, 1 bath 1920s
Old House One story, 1,000 sq. ft., 2 bedrooms, 1 bath 1920s
Granny’s House One story, 900 sq. ft., 2 bedrooms, 1 bath 1954
Stable / Tack Room / Storage 1920s
Garage / Storage 1920s
The Main House, Guest House, Apartment, and Old House are organized around a common
garden courtyard. The Seller occupies the Main House and Guest House. The Apartment is
leased to the Seller’s property caretaker. The Old House and Granny’s House are leased to two
separate tenants. All buildings are surrounded by lush gardens and fruit trees, which provide an
amenity as well as an irrigated fuel break.
The property has a year-round reliable spring. The property’s water systems currently collect
water from the spring and pipe it to a tank system for use in the homes and gardens. No water
treatment infrastructure is present. All residences have adequate septic and leach field systems.
Electricity and propane gas is also available.
USE AND MANAGEMENT
Planning Considerations
The Bergman property is located in an unincorporated rural area of San Mateo County within the
District’s Coastal Protection Area, and is zoned Resource Management (RM). The property
consists of one legal parcel and has a potential density of one residential site. The parcel is
adjacent to one developed private residential inholding, but is otherwise surrounded by District
lands. Replacement of the existing residences with a larger modern structure(s) would be
feasible if the property was not purchased by the District.
Staff carefully considered the factors contained in the District’s Policies Regarding
Improvements on District Lands, and concluded that the best use of the Bergman property’s
existing improvements continues to be as residences for the existing tenants. On-going
residential use is complementary to the management objectives of the Preserve, compatible with
R-10-115 Page 4
the open space character of the site, and is the quickest, most cost-effective way to manage the
property since the current occupants are most familiar with its maintenance needs.
The 1993 San Gregorio Creek Adjudication Decree No 355792 does not allot any adjudicated
water rights to the Bergman property. The property has one diversion point indicated on the
State Water Resources Control Board map.
Preliminary Use and Management Plan (Next Steps)
The Preliminary Use and Management Plan will take effect at the close of escrow and remain
effective until the Plan is amended or a Comprehensive Use and Management Plan or Master
Plan is approved for Russian Ridge Open Space Preserve. The Preliminary Use and
Management Plan represent a status quo approach to management. The property will be
maintained in its current condition with no changes anticipated. If changes to land use or the
physical environment are proposed in the future, the plan would be subject to further
environmental review and public input.
Public Access: Closed to public use.
Signs and Site
Security:
Review and install closed area, preserve boundary and private residence
signs where appropriate.
Structures and
Improvements:
Continue to lease all residences. Evaluate use or disposition of the
remaining outbuildings consistent with District policy. Conduct a historic
resources assessment prior to removing any structures. Install appropriate
water treatment infrastructure. Maintain the water and sewer systems in
working order.
Resource
Management:
Conduct invasive plant and animal management activities consistent with the
District’s standard policies and procedures.
Patrol: Routinely patrol the property.
Wildfire Fuel
Management:
Further assess vegetative communities on the property to determine wildfire
management needs. Maintain appropriate defensible space clearances
around residential improvements.
Roads and
Trails:
Maintain existing roads and driveways in immediate vicinity of the
improvements in a serviceable condition according to District standards.
Coastside
Service Plan:
Operate and manage the property in conformity with the provisions of the
Service Plan for the Coastside Protection Area.
Site Safety
Inspection:
There are no known safety hazards on the site.
R-10-115 Page 5
Name: Name the property as an addition to Russian Ridge Open Space Preserve.
Dedication: Withhold dedication of the property as public open space. Review
dedication status as part of the subsequent planning process.
Subsequent
Planning:
Analyze opportunities for public access, the potential extension of Alder
Springs Trail, as well as natural and cultural resource management.
Subsequent planning should be done in accordance with the Coastside
Protection Program Service Plan, including consultation with appropriate
agencies and organizations. The planning process should include public
workshops to gather input, and public hearings to review draft and final
plans. Prepare further environmental review as needed.
CEQA COMPLIANCE
Project Description
The project consists of the purchase of a 14.25-acre property as an addition to Russian Ridge
Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management Plan
for the property. The land will be permanently preserved as open space and will be maintained
in its current condition. The existing residences will continue to be leased. In accordance with
the Coastside Service Plan, the project incorporates all of the Coastside Environmental Impact
Report (EIR) mitigation measures that apply to land purchases within the Coastside Protection
Area and is subject to the EIR mitigation monitoring program.
CEQA Determination
The District concludes this project will not have a significant effect on the environment. It is
categorically exempt from the California Environmental Quality Act(CEQA) under Article 19,
Sections 15301, 15316, 15317, 15325 and 15061(b)(3) of the CEQA Guidelines as follows:
Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing or
minor alteration of existing public or private structures, facilities, 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 closed to the public; minor
management activities will occur; existing roads will be maintained according to District
standards and the existing residences will be leased and maintained in a habitable
condition.
Section 15316 exempts the acquisition of land in order to create parks if the site is in its
natural condition and the management plan proposes to keep the area in its natural
condition. The Preliminary Use and Management Plan specified that the land will not be
developed further and will remain in its current natural condition.
R-10-115 Page 6
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 property.
Section 15325 exempts transfers of ownership of interests in land in order to preserve
open space. The acquisition will transfer ownership to the District and ensure the
property is preserved as open space by incorporating it into Russian Ridge Open Space
Preserve.
The acquisition qualifies under all four sections and is also exempt under section 15061(b)(3), as
there is no possibility the recommended actions may have a significant effect on the
environment.
TERMS AND CONDITIONS
The 14.25 acre Bergman property is being purchased at price of $1,700,000 as a residentially
improved property. The purchase price is considered fair and reasonable in this market area and
is supported by independent fair market appraisals commissioned by the District and seller. The
purchase price is to be paid as $850,000 in cash at the close of escrow and $850,000 as an
unsecured promissory note paid in quarterly interest payments over five years at a tax free
interest rate of 4% per annum. Interest payments for this note will total $170,000 over five
years. This tax free interest rate was established in consultation with the District’s bond
underwriter and bond counsel, and is considered market rate for this type of note. At the end of
the five year note term, the final principal payment of $850,000 will be paid to the seller.
The property is being purchased on an “As-Is” basis and staff has conducted thorough due
diligence investigations and an inspection of the property. Staff has inspected the property and
reviewed the San Mateo County’s property records and files and is satisfied that no underground
storage tanks or hazardous waste exists on the property.
As a condition of the purchase agreement, the seller has been very cooperative in removing
vehicles, equipment, furniture, miscellaneous items and debris including hazardous waste such as
tires, fuel and paint containers located at the garage. The District has the right to withhold
$5,000 in escrow to ensure that the removal of these items is completed prior to the close of
escrow. Staff will inspect the site clean up work and verify this work is completed to the
District’s satisfaction prior to releasing this amount.
At the close of escrow, the District will enter into three residential month-to-month rental
agreements with the existing tenants and the seller. One rental agreement will include the Main
House, Guest House and Carriage Apartment as a rental complex to be shared by the seller, the
apartment tenant, and the occasional occupant of the guest house. The tenant of the carriage
house apartment has been a caretaker for the Bergman property for over three years performing
maintenance of the spring fed water system, minor structure repairs, brush and fire break
clearance, clearing of culverts and ditches along the access road and other such maintenance
duties. As part of this rental agreement, the caretaker will continue to be responsible for such
maintenance services in lieu of rent. More significant repairs of the structures or infrastructure
R-10-115 Page 7
will require prior approval of the District. The other two rental agreements will cover the current
tenants occupying the Old House and Granny’s house, respectively. Income from these three
rental agreements will total $4,000 a month or $48,000 in annual rental income to the District’s
Property Management program. The month-to-month residential agreements will be entered into
under the General Manager’s authority.
BUDGET CONSIDERATIONS
2010–2011 Budget for New Land Purchases:
New Land $15,000,000
Land purchased this year ($ 3,825,000)
Bergman Property ($ 1,700,000)
New Land Purchase Budget Remaining $ 9,475,000.00
Current Coastside Protection Area Fiscal Considerations
Though surrounded by the Russian Ridge Open Space Preserve, the 14.25-acre Bergman
property is located in the Coastside Protection Area and is subject to the Agreement between San
Mateo County and the Midpeninsula Regional Open Space District (Regarding Fire Services)
and the Agreement between the La Honda-Pescadero School District and the Midpeninsula
Regional Open Space District. As part of the County Fire Agreement, the District would
normally pay annual fees to San Mateo County Fire Department for fire services that are not
currently provided with the State Responsibility Area of CalFire. However, since the property’s
improvements will be rented for private residential purposes under the District’s Property
Management program and therefore would be subject to County possessory interest tax payable
by the tenants, the agreement waives the Fire Services Fee.
As part of the School District Agreement, the District will pay the School District an annual fee
of $364.25. The School District services fee will increase 2% annually. Under the School
District agreement, possessory interest tax payments by the District’s private tenants reduce the
School Service fees due accordingly.
The Coastside Protection Program included a Fiscal Analysis conducted by Economics Research
Associates confirming the feasibility of implementing that Program. To ascertain whether the
conclusions made in the Fiscal Analysis are valid for this particular project, staff has researched
the specific site conditions and expected costs associated with the proposed purchase and
subsequent management of the property. This site assessment indicated that acquisition and
management costs for the Bergman property are expected to be consistent with the Fiscal
Analysis projections.
Furthermore, staff assessed the costs associated with this project and compared them to the
Controller’s most recent 15-year projections of cash flow, property tax revenue, and operating
expenses. Staff therefore concludes that purchasing and managing this property will not result in
any significant impact to the District’s existing services, and that the District has the resources to
sustain this project.
R-10-115 Page 8
PUBLIC NOTICE
Property owners, District tenants, residents of land located adjacent to or along the same access
road as the subject property, and attendees at the October 5, 2010 Real Property Committee
meeting, were sent a copy of the agenda for this public meeting at which the Board of Directors
will consider this purchase. Agenda subscribers, Coastside public officials, community-interest
groups, media, conservation-oriented organizations, government agencies and government-
sponsored organizations within the Coastside Protection Area have also been mailed a copy of
the agenda. The agenda and this report have been made available on the District’s website.
Accordingly, all notice required by the Brown Act and the Coastal Protection Program has been
provided.
NEXT STEPS
Upon approval by the Board of Directors, staff will proceed with close of escrow for the
purchase of the property. The District’s Skyline Field Office will manage the property as an
addition to the Russian Ridge Open Space Preserve in accordance with the adopted Preliminary
Use and Management Plan and the Coastside Service Plan. At the close of escrow, month-to
month residential Rental Agreements with the existing tenants will be executed under the
General Manager’s authority.
Attachments:
Resolutions (2)
Map
Prepared by:
Michael Williams, Real Property Manager
Sandy Sommer, AICP, Senior Real Property Planner
Contact person:
Michael Williams, Real Property Manager
Graphics prepared by:
Casey Cleve, GIS Coordinator
RESOLUTION 10-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE
AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO
EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE - LANDS OF
BERGMAN)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does
hereby accept the offer contained in that certain Purchase Agreement between Barbara S.
Bergman Trust U/D October 3, 1995 and the Midpeninsula Regional Open Space District, a copy
of which purchase agreement is attached hereto and by reference made a part hereof, and
authorizes the President or other appropriate officer to execute the Agreement on behalf of the
District to acquire the real property described therein (“the Bergman Property”).
Section Two. The General Manager, President of the Board of Directors or other appropriate
officer is authorized to execute Certificate of Acceptance for the Grant Deed(s) on behalf of the
District.
Section Three. The General Manager or the General Manager’s designee shall cause to be given
appropriate notice of acceptance to the seller and to extend escrow if necessary.
Section Four. The General Manager is authorized to expend up to $10,000 to cover the cost of
title insurance, escrow fees, site clean up and other miscellaneous costs related to this
transaction.
Section Five. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Agreement and documents which do not involve any material
change to any term of the Agreement or documents, which are necessary or appropriate to the
closing or implementation of this transaction.
Section Six. The purpose of this Section is to enable the District to reimburse its general fund
for the cost of certain land acquisitions. The District wishes to finance certain of these real
property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt
financing is not cost-justified for the District unless the principal amount of the financing is large
enough to justify the related financing costs. Consequently, it is the District’s practice to buy
property with its general funds and, when a tax-exempt financing is cost-justified based on the
aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous
expenditures of general funds. These general funds are needed for operating and other working
capital needs of the District and are not intended to be used to finance property acquisitions on a
long-term basis.
U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its
intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to
the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent
to issue tax-exempt obligations in the maximum principal amount of $1,700,000 and to use a
portion of the proceeds of the obligations for reimbursement of District expenditures for
acquisition of the Bergman Property that are paid before the date of issuance of the obligation.
*****************************************************************************
RESOLUTION NO. 10 -XX
RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE
AND PROVIDING OTHER MATTERS PROPERLY RELATING
THERETO
WHEREAS, the District wishes to finance acquisition of real property to be used for open space
(the “Property”) from Barbara S. Bergman Trust U/D October 3, 1995 (the “Seller”); and
WHEREAS, the Seller has agreed, as consideration for the sale of the Property to the District, to
accept a promissory note (the “Note”) from the District; and
WHEREAS, pursuant to Public Resources Code Section 5544.2, the Note must be authorized by
a resolution adopted by the affirmative votes of at least two-thirds of the members of the Board
of Directors of the Maker; and
WHEREAS, all conditions, things and acts required to exist, to have happened and to have been
performed precedent to and in the issuance of the Note, as contemplated by this resolution and
the documents referred to herein exist, have happened and have been performed in due time,
form and manner as required by the laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the Midpeninsula Regional Open Space
District, as follows:
Section 1. Recitals True and Correct. The District hereby finds and declares that the above
recitals are true and correct.
Section 2. Approval of the Note. The President is hereby authorized and directed, for and in
the name and on behalf of the District, to execute and deliver the Note, and the Secretary is
hereby authorized and directed, for and in the name and on behalf of the District, to attest the
President’s signature to the Note. The Note shall be executed in the form on file with the
Secretary, together with such additions thereto or changes therein as are recommended or
approved by the President, upon consultation with counsel to the District; provided that no
additions or changes shall authorize an aggregate principal amount in excess of $850,000.00, an
interest rate in excess of 4% per annum or a maturity date later than December 10, 2015. The
approval of such additions or changes shall be conclusively evidenced by the execution and
delivery of the Note by the President and its attestation by the Secretary.
Section 3. Official Action. All actions taken by the officers and agents of the District with
respect to the purchase of the Property and the issuance of the Note are hereby approved,
confirmed and ratified, and the proper officers of the District, including the President and the
Secretary, are hereby authorized and directed, for and in the name and on behalf of the District,
to do any and all things and take any and all actions and execute and deliver any and all
certificates, agreements and other documents which they, or any of them, may deem necessary or
advisable in order to consummate the lawful issuance and delivery of the Note in accordance
with this Resolution.
Section 4. Effective Date. This resolution shall take effect from and after the date of approval
and adoption thereof.
Midpeninsula RegionalOpen Space District
0 0.5 10.25 Miles
Proposed Addition of Bergman Property, Russian Ridge Open Space Preserve
October 2010Other Public Agency
Non-Profit Land
MROSD
Other Protected Open Spaceor Park Lands
Pro
d
u
c
e
d
b
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AUDUBON SOCIETY
SF YOUTH AUTHORITY
MINDEGO RANCH
RUSSIAN RIDGE OPEN SPACE PRESERVE
COAL CREEKOPEN SPACE PRESERVE
SKYLINE RIDGEOPEN SPACE PRESERVE
Coastside Protection Area Boundary
Bergman Property14.25 acres
Ridge Tra il
Hawk Ridg e Trail
Alder Sprin g Trail Bay Area Ridge Trail
Ancient Oaks Trail
Mindego R idge Trail
Skyline Blvd (CA 35)
Alpine Rd
Page Mill Rd
Bergman Property
Midpeninsula RegionalOpen Space District
0 0.5 10.25 Miles
Proposed Addition of Bergman Property, Russian Ridge Open Space Preserve
October 2010Other Public Agency
Non-Profit Land
MROSD
Other Protected Open Spaceor Park Lands
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AUDUBON SOCIETY
SF YOUTH AUTHORITY
MINDEGO RANCH
RUSSIAN RIDGE OPEN SPACE PRESERVE
COAL CREEKOPEN SPACE PRESERVE
SKYLINE RIDGEOPEN SPACE PRESERVE
Coastside Protection Area Boundary
Bergman Property14.25 acres
Ridge Tra il
Hawk Ridg e Trail
Alder Sprin g Trail Bay Area Ridge Trail
Ancient Oaks Trail
Mindego R idge Trail
Skyline Blvd (CA 35)
Alpine Rd
Page Mill Rd
Bergman Property
R-10-99
Meeting 10-29
October 27, 2010
AGENDA ITEM 7
AGENDA ITEM
Authorization to Amend the Preliminary Use and Management Plans for Lobitos Ridge and
Elkus Ranch Uplands Additions to the Purisima Creek Redwoods Open Space Preserve to
Incorporate a Rangeland Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing
Unit; and Authorization to Approve a Proposed Negative Declaration and Grazing Lease for the
Lobitos Ridge/Elkus Ranch Uplands Grazing Unit
GENERAL MANAGER’S RECOMMENDATIONS
1. Adopt an Amendment to the Preliminary Use and Management Plan for the Lobitos Ridge
and Elkus Ranch Uplands additions to the Purisima Creek Open Space Preserve to
incorporate a Rangeland Management Plan.
2. Approve the Proposed Negative Declaration in accordance with the California Environmental
Quality Act (CEQA) as set out in this Report and adopt the findings set out in the attached
Resolution.
3. Adopt the attached Resolution authorizing the General Manager to execute a five-year
grazing lease to Vince Fontana for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit on
the terms and conditions set forth in the attached Grazing Lease.
SUMMARY
In August 2009 and March 2010 respectively, the District purchased the former University of
California (UC) Elkus Ranch Uplands and Peninsula Open Space Trust (POST) Lobitos Ridge
properties. At the time of purchase, the District assumed existing grazing leases with the intent
of continuing grazing on both properties with the current tenant, Vince Fontana. Staff
recommends continuing cattle grazing on both properties with Vince Fontana as the lessee and
has created a District grazing lease and a comprehensive Rangeland Management Plan in
keeping with the District’s Service Plan to preserve existing and potential agricultural
operations. The Rangeland Management Plan has been reviewed by both the County of San
Mateo Farm Bureau and Agricultural Advisory Committee. This report outlines the objectives of
a ten-year Rangeland Management Plan and the terms and conditions of a five-year District
grazing lease with an option to extend the term for an additional five years.
R-10-99 Page 2
DISCUSSION
The District purchased the UC Elkus Ranch Uplands property and POST Lobitos Ridge property
in August 2009 and March 2010, respectively. The District Board of Directors adopted a
Preliminary Use and Management Plan for both of these additions to the District’s open space
preserve system. Both properties were leased to a local grazing operator, Vince Fontana, on a
month-to-month basis for cattle grazing. These grazing leases were assigned to the District at the
time of purchase. Under the terms of the existing leases, Mr. Fontana has been running a year-
round cow-calf operation on approximately 790 acres of grassland and shrub land areas suitable
for cattle grazing (referred to in this report as the Lobitos Ridge/Elkus Ranch Uplands Grazing
Unit) (Attachment 1). For the District to maintain uninterrupted grazing on these properties
following the principles of ‘conservation grazing’, implementation of a Rangeland Management
Plan (Attachment 2) and District grazing lease (Attachment 4) is required. This report outlines
the objectives of a ten-year Rangeland Management Plan and the terms and conditions of a five-
year District grazing lease with an option to extend the term for an additional five years.
Rangeland Management Plan
The Rangeland Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit has
four main objectives. The first objective is to maintain uninterrupted grazing on the property
following the principles of ‘conservation grazing’. The existing tenant will continue to graze the
properties with a maximum estimated 300-350 Animal Unit Months (AUMs) on Elkus and 230-
270 AUMs on Lobitos Ridge typically from December to August. Mr. Fontana will have the
option of grazing throughout the remainder of the summer if ample livestock water and forage
are available without negatively impacting habitat value or water quality. The District
performance standards for residual dry matter (RDM) are the same standards set forth by the US
Department of Agriculture Natural Resources Conservation Service (NRCS).
The second objective is to control non-native, invasive plants species on the properties. The
District will work closely with a certified pest control advisor and the tenant and/or contractor to
identify, map, and treat infestations on the property. There are minor infestations of milk thistle,
bull thistle, and poison hemlock on the properties. Additionally, coyote brush encroachment into
grasslands is reducing the grassland habitat. Specific brush encroachment zones have been
identified and will be treated to preserve the integrity of the grasslands.
The third objective is to protect and enhance riparian and aquatic habitat on the properties.
Lobitos Creek borders the Elkus Ranch Uplands to the south and there are six ponds on these
properties. Cattle have been fenced out of Lobitos Creek with limited access when the tenant
moves livestock from one side of the stream to the other. Five of the stock ponds on the property
are seasonal and one pond holds water year around. The District plans to maintain these ponds
to increase habitat value and maximize water holding capacity for livestock and wildlife water.
Pond management tools and associated best management practices will be applied during pond
maintenance and an attachment outlining these tools and practices is included in the plan.
R-10-99 Page 3
The fourth objective is to develop or improve ranch infrastructure on the property to enhance the
ease and benefit of the livestock operation and improve wildlife habitat value. The District will
work with the current tenant and/or contractor to repair and strengthen the perimeter fencing and
possibly add new fencing along the Elkus Ranch Uplands and UC Elkus Camp. The corral
facility that services these properties is located on a neighboring property, but the option of
developing a corral on the properties will be evaluated. Additionally, drinking water for
livestock is limited on the property during summer months and plans for installing additional
water troughs and pond maintenance work will be implemented, where feasible.
Coastside Protection Program Process
Both of these properties are located within the Coastside Protection Area. The San Mateo
County coastal annexation process, the District’s Service Plan for the Coastside Protection Area
and subsequent conditions approved by the San Mateo County Local Area Formation
Commission (LAFCo) established a number of policies and procedures for implementing the
District’s Coastside Protection Program. The Program now guides the District’s purchase, use,
and management of open space land within the Coastside Protection Area. The Program requires
consultation with interested public agencies, officials, organizations, and community interest
groups to solicit input into the decision-making and planning process prior to the Board’s
consideration of significant decisions regarding use or improvements on District-owned lands
within the Coastside Protection Area.
To comply with the District’s Service Plan for the Coastside Protection Area, the Rangeland
Management Plan for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit has been considered
and discussed at the San Mateo County Farm Bureau at its June 7th meeting and at the San Mateo
County Agricultural Advisory Committee on July 12th. Both organizations support the
Rangeland Management Plan
AMENDMENT TO PRELIMINARY USE AND MANAGEMENT PLAN
The project consists of amending the District’s Preliminary Use and Management Plan for the
Lobitos Ridge and Elkus Ranch Uplands additions to Purisima Creek Open Space Preserve to
allow for the continuation of cattle grazing under specific prescriptions and range management
practices set forth in the Rangeland Management Plan, by award of a five-year lease to the
current grazing tenant.
CEQA COMPLIANCE
Project Description
The proposed project consists of implementation of a ten-year Rangeland Management Plan
(Plan) for the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit, which encompass 790 acres
between Purisima and Lobitos Creeks in coastal San Mateo County, California. The properties
were recently acquired by the District and are within the Coastside Protection Area, an area that
was annexed into District boundaries in 2004. Both Lobitos Ridge and Elkus Ranch Uplands
have undergone production agriculture for decades, originally dry-land farmed for grains and
R-10-99 Page 4
more recently utilized as rangeland for a grazing operation. The approximately 250 acres of
annual grass rangeland on the two properties has been continually grazed during the spring and
summer months for at least 15 years. The properties provide valuable, regionally-limited habitat
for both common and special-status plants and wildlife. Purisima and Lobitos Creeks support
well-developed riparian woodland and resident populations of Rainbow/Steelhead trout. Lobitos
Creek likely supports anadromy (Steelhead migration from the Pacific Ocean) in wet years.
California red-legged frogs occur in the creeks and their tributaries, and four stock ponds provide
potential breeding habitat for this species. Finally, grasslands, although heavily dominated by
introduced pasture grasses, are relatively weed-free and can potentially be managed to increase
their native component.
The goal of rangeland management on the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit is
to preserve, protect, and enhance the biotic values of the properties, while continuing to utilize
the land as an agricultural resource. The Rangeland Management Plan ensures progress towards
this goal through the following objectives:
1) Maintain grazing following the principles of resource conservation grazing;
2) Control invasive plant species and agricultural weeds;
3) Protect sensitive riparian and aquatic habitats; and
4) Improve water infrastructure for livestock use and wildlife habitat.
Under the Rangeland Management Plan, cattle would continue to be stocked by a grazing tenant
and manager from approximately November/December (range preparedness) through August
(forage decay) at a maximum density of approximately 620 AUMs. The Rangeland
Management Plan requires monitoring of available forage through Residual Dry Matter (RDM)
performance standards to determine the length of the grazing season. Cattle may remain on the
property through fall to attain desired RDM levels, provided sufficient, off-stream livestock
water is available. Further habitat protection and enhancement measures required by the
Rangeland Management Plan include fencing critical creek crossings to prevent uncontrolled
livestock usage of riparian areas, an experimental pasture rotation to favor native annual plants,
and enhancing livestock water availability and wildlife habitat in existing stock ponds. The
Rangeland Management Plan also includes improvements to existing ranch roads including
routine maintenance, culvert installation, minor vegetation clearing, and grading.
The Rangeland Management Plan requires that any subsequent pond maintenance and grazing
infrastructure improvement projects, as well as road projects adjacent to ponds or streams,
incorporate specific prescribed Best Management Practices (BMPs) for work in or near aquatic
habitats. These BMPs include habitat and species protection measures including seasonal
limited operating periods, restrictions on the use of mechanized equipment, and biological
monitoring. The Rangeland Management Plan also incorporates BMPs for erosion control from
the District’s Details and Specifications Guidelines. Federal, state, and local permits will be
acquired for all major earth work projects (defined as those requiring the use of a bulldozer or
excavator or resulting in cut or fill volumes of 150 cubic yards or greater).
The project is being carried out pursuant to the District’s Service Plan for the Coastal Protection
Area located in San Mateo County. The District’s Service Plan directs the District to focus its
R-10-99 Page 5
efforts in the Coastside Protection Area on the preservation and management of open space
resources in order to protect watershed integrity and water quality; protect habitats for special-
status species; provide visitor facilities for low-intensity recreation; and preserve existing and
potential agricultural operations, among other goals. The Environmental Impact Report (EIR)
for the District’s Service Plan was certified by the District Board of Directors in June 2003.
Mitigation Measures incorporated into to the District’s Service Plan pertaining to the use and
management of the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit were adopted by the
District Board of Directors in August 2009 and March 2010, respectively. In order to eliminate
repetitive discussions of issues addressed in the EIR, this initial study and the proposed negative
declaration are tiered off the EIR and focus on issues specific to this project.
CEQA Findings
District staff prepared an Initial Study and proposed Negative Declaration evaluating the Project.
The public comment period commenced on August 3, 2010 and ended on September 2, 2010 and
no comments were received.
The Initial Study and proposed Negative Declaration found that a number of CEQA impact
criteria do not apply to the project due to its design, scope and location. The document also
found that the project either avoids impacts or minimizes them to a less-than-significant level
due to the specific nature of the project or the project design.
CEQA Determination
Pursuant to CEQA, it is determined that the project will not:
Create impacts that degrade the quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal community, reduce the number
or restrict the range of a rare or endangered plant or animal, or eliminate important
examples of the major periods of California history or prehistory, due to the project’s
fundamentally small scale, localized nature;
Create impacts that are individually limited, but cumulatively considerable, based on
project-specific factors that reduce these impacts to a less than significant level; and
Create environmental effects that would cause substantial adverse effects on human
beings, either directly or indirectly, based on project-specific factors that reduce these
impacts to a less than significant level.
Staff recommends that the Board approve the attached Resolution adopting findings under
CEQA determining that the proposed actions have no potential significant environmental
impacts.
TERMS AND CONDITIONS
Retention of Current Grazing Tenant
Staff recommends that the Board approve entering into a five-year grazing lease with a five-year
option to extend the lease with the current grazing tenant, Vince Fontana. Mr. Fontana is a local
R-10-99 Page 6
operator with years of experience and familiarity with coastside ranching in San Mateo County
and currently grazes cattle on District land along Alpine Road (former Big Dipper and Silva/
Kenyon Ranches). He has the necessary qualifications to run a grazing operation consistent with
the Rangeland Management Plan and the District’s resource management objectives. Further,
the District’s Service Plan discourages displacing current operators of agricultural lands
purchased by the District provided that the operator has an interest in staying on and a
willingness to work with the District in running the operation in a manner that supports the
District’s public use and resource management goals.
Grazing Lease Terms and Conditions
The lease term is for five (5) years, extendable for an additional five (5) years at the District’s
election, if the tenant is willing, on the terms and conditions set forth in the grazing lease. The
effective date of the grazing lease will be November 1, 2010. Annual rent under the previous
grazing lease assigned from the Peninisula Open Space Trust to the District was $408.33 per
month or $4,899.96 per year. First year rent under the District lease will be $5,360.00 per year.
It is calculated as follows:
Lobitos Ridge & UC Elkus Uplands Grazing Unit - 50 AUMS for an average 8 months =
400 AUMS
Total Grazing Capacity = 400 AUMS
Per AUM Rent (market rate) adjusted = $13.89 - .49 = $13.40
Rent for first lease year = 400 AUM X $13.40 = $5,360
Rent will be adjusted annually thereafter to reflect any changes in the authorized grazing season,
grazing capacity, and fluctuations in the market price of beef cattle from year to year.
Annually, the market rate for cattle is determined at sale in June and July. The District will
inform the grazing tenant by July 15th of each year the per AUM rent for the subsequent lease
year. Under the lease terms, the grazing tenant has the option to terminate the lease by giving
written notice on August 15th if the per AUM rent for the subsequent lease year will not enable
the grazing tenant to conduct an economically viable grazing operation. In the event of such
termination, the grazing tenant shall be allowed ninety (90) days following receipt of the written
notice to vacate the grazing unit.
If no termination notice is given by the grazing tenant, the District shall notify the grazing tenant
in writing by November 15th the authorized grazing capacity, grazing season, and annual rent.
Rent is paid in two payments, one in January and one in July. Rent credit for performance of
work by the tenant may be granted on a case-by-case basis for improvements to the ranch
infrastructure, such as repairing perimeter fencing or constructing a new fence. Rental credits
may not exceed the annual rent for the grazing unit.
The tenant is required to manage and operate the grazing unit according to the prescriptions and
range management practices set forth in the Rangeland Management Plan.
R-10-99 Page 7
BUDGET CONSIDERATIONS
The annual revenue for the Lobitos Ridge/Elkus Ranch Uplands is variable and agreed to
between the District and tenant annually by November 15th. For this first grazing season, the
rent is $5,360.00.
Rental credits are expensed and variable each year. At the beginning of the grazing season,
suggested rental credits are agreed to and budgeted, but as the year progresses, weather and
unforeseen circumstances can change rental credit priorities. For this first grazing season, the
District and tenant will agree upon a set of rental credits that will be reflected in the Mid Year
budget.
PUBLIC NOTICE
Written notice of this item has been sent to property owners of land located adjacent to or
surrounding the Preserve, as well as to Coastside public officials, community interest groups,
nonprofit land trusts, conservation-oriented organizations, elected officials, government
agencies, and government sponsored organizations within the Coastside Protection Area.
NEXT STEPS
If the Rangeland Management Plan and the District grazing lease are approved by the Board of
Directors, staff will notify Mr. Fontana of Board approval of this item and subsequently enter
into a five year lease.
Attachments:
Resolution
CEQA Resolution
Attachment 1 - Map
Attachment 2 - Rangeland Management Plan
Attachment 3 - Negative Declaration
Attachment 4 - Grazing Lease Lobitos Ridge/Elkus Ranch Uplands Grazing Unit
Purisima Creek Open Space Preserve
Prepared by:
Elaina Cuzick, Real Property Specialist
Kirk Lenington, Senior Resource Planner
Clayton Koopmann, Rangeland Ecologist
Contact person:
Elaina Cuzick
Graphics prepared by:
Zachary Alexander, Planning Technician
RESOLUTION NO. 10-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT ADOPTING A NEGATIVE
DECLARATION IN CONNECTION WITH THE LOBITOS RIDGE/ ELKUS
RANCH UPLANDS GRAZING UNIT RANGELAND MANAGEMENT PLAN
AND AUTHORIZING THE GENERAL MANAGER TO TAKE SUCH OTHER
ACTIONS AS ARE NECESSARY TO ENABLE THE PROJECT TO BE
UNDERTAKEN AND COMPLETED.
I. The Board of Directors of the Midpeninsula Regional Open Space District (“District”) is
considering authorization of a Rangeland Management Plan for the Lobitos Ridge and
Elkus Ranch Uplands areas of the Purisima Creek Redwoods Open Space Preserve
(“Project”) and various related actions.
II. An Initial Study (IS), attached to the Report, was prepared for the Project pursuant to the
requirements of the California Environmental Quality Act (CEQA, Public Resources
Code sections 21000 et seq.) and the CEQA Guidelines (14 Cal. Code. Regulations
sections 15000 et seq.).
III. The IS identified no potentially significant adverse effects on the environment from the
proposed Project.
IV. The IS and a notice of intent to adopt a Negative Declaration (ND) were circulated for
public review from August 3, 2010 to September 2, 2010.
V. On October 27, 2010, the Board of Directors conducted a duly noticed public hearing on
the adequacy of the ND (including the IS) at which oral and written comments and a staff
recommendation for approval of the ND were presented to the Board of Directors. The
Board of Directors reviewed and considered the information in the IS and ND,
administrative record, and Staff Reports for completeness and compliance with CEQA
and the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that, based upon the Initial
Study, Negative Declaration, all comments received, and all substantial evidence in light of the
whole record presented, the Board of Directors finds that:
1. Notice of the availability of the Initial Study and proposed Negative Declaration and all
hearings on the ND was given as required by law and the actions were conducted pursuant to
California Environmental Quality Act (CEQA) and the CEQA Guidelines.
2. All interested parties desiring to comment on the proposed ND were given the opportunity to
submit oral and written comments on the adequacy of the ND prior to this action by the
Board of Directors and any comments raised during the public comment period and at the
public hearings on the ND were responded to adequately.
3. Prior to approving the Project that is the subject of the proposed ND, the Board considered
the ND along with any comments received during the public review process.
4. The Board finds that, on the basis of the whole of the record before it, including the ND,
Initial Study, and any comments received, that there is no substantial evidence that the
Project will have a significant effect on the environment.
5. The Board adopts the proposed ND and determines that it reflects the District’s independent
judgment and analysis.
6. The location and custodian of the documents or other material which constitute the record of
proceedings upon which this decision is based are located at the offices of the Midpeninsula
Regional Open Space District, 330 Distel Circle, Los Altos, California 94022.
* * * * * * * * * * * * * * * * * * * * * * * *
RESOLUTION NO. 10-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE GRAZING LEASE FOR THE LOBITOS RIDGE/ELKUS RANCH
UPLANDS GRAZING UNIT OF THE PURISIMA CREEK REDWOODS
OPEN SPACE PRESERVE
___________________________________________________________________
The Board of Directors of the Midpeninsula Regional Open Space District does hereby
resolve:
Section One. The District may, under the provisions of Section 5540 of the Public
Resources Code, lease property owned by the District, and the Board of Directors hereby finds
that lease of a portion of the Purisima Creek Redwood Open Space Preserve for grazing and
range management purposes is compatible with park and open space purposes, and finds the
lease of such premises (referred to as the Lobitos Ridge/Elkus Ranch Uplands Grazing Unit) to
be in the public interest on the terms hereinafter set forth.
Section Two. The Board of Directors of the Midpeninsula Regional Open Space District
approves the grazing lease between Midpeninsula Regional Open Space District and Vince
Fontana, a copy of which is attached hereto and by this reference made a part hereof, and does
hereby authorize the President or other appropriate officers to execute said lease on behalf of the
District.
Section Three. The General Manager or the General Manager’s designee is hereby
authorized to negotiate and approve the exercise of an additional 5-year option of the grazing
lease as set forth in the grazing lease. The General Manager is further authorized to execute any
and all other documents necessary or appropriate to the completion of such transactions. The
General Manager shall report in writing on any such exercise of an option to continue the subject
grazing lease to the Board of Directors at the meeting immediately following the exercise
thereof.
* * * * * * * * * * * * * * * * * * * * * * * * * *
Purisima Creek
Lobitos Creek
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Figure 1. Exisiting and Potential Grazing Infrastructure
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Midpeninsula Regional
Open Space District
0 550 1,100275
Feet
January 2010
Elkus Ranch Uplands
and Lobitos RidgeFencing and Barriers
Natural Barriers
Existing Fencing
Possible Repair/New Fence
Need for New Fence (optional)
Potential Livestock
Water Resources
Proposed Water Trough
Proposed Tank
Existing Livestock
Water Resources
Seasonal Pond
Perennial Pond
Spring
ELKUS RANCH UPLANDS
LOBITOS RIDGE
Page 1
Rangeland Management Plan
Elkus Ranch Uplands and Lobitos Ridge Properties
Purisima Creek Redwoods Open Space Preserve
Introduction
The former University of California Elkus 4-H Ranch Uplands (Elkus Ranch Uplands)
and POST Lobitos Ridge (Lobitos Ridge) properties encompass 790 acres between
Purisima Creek and Lobitos Creek, in Coastal San Mateo County, California. Elkus
Ranch Uplands and Lobitos Creek were acquired in 2009 and 2010, respectively, by the
Midpeninsula Regional Open Space District (District). The properties are currently
grazed as a single unit under the management of a grazing tenant. This document details
the current and prescribed conditions for rangeland management associated with the
renewal of the grazing lease, which is expected to extend from May 2010 through May
2020. It describes the District’s plan for continued livestock use of the properties,
including grazing, resource management, and maintenance prescriptions. A brief
description of biotic resource values of the properties is included.
Property Description
Elkus Ranch Uplands was donated to the University of California by the Elkus family in
1975 and was owned and operated in conjunction with the Elkus 4-H Ranch
environmental education and retreat center, located in the canyon below, until District
acquisition in August 2009. The District’s Preliminary Use and Management Plan allows
for the issuance of a neighbor permit to UC allowing educational group hikes on the
property from the 4-H center, accessed from UC’s Dean Trail easement.
The Lobitos Ridge property was purchased by the Peninsula Open Space Trust in 2004
from the Beffa family, who had owned it since 1960. The property was farmed prior to
its use as rangeland with various crops, and about 7 acres of prime soils along the
northern side of Purisima Creek are leased for row crop production.
Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for
decades, originally dry-land farmed for grains and more recently utilized as rangeland for
a seasonal grazing operation. Despite historical and current agricultural use, the
properties provide valuable, regionally-limited habitat for both common and special-
status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian
woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely
supports anadromy (Steelhead migration from the Pacific Ocean) in wet years. California
red-legged frogs occur in the creeks and their tributaries, and the San Francisco garter
Page 2
snake potentially utilizes this prey base. Grasslands, although heavily dominated by
introduced pasture grasses, are relatively weed-free and can potentially be managed to
increase their native component. Finally, the properties provide stunning views and a
potential coastal trail connection.
Plan Objectives
The goal of rangeland management on Elkus Ranch Uplands and Lobitos Ridge is to
preserve, protect, and enhance the biotic values of the properties, while continuing to
utilize the land as an agricultural resource. This plan ensures progress towards this goal
through the following short-term objectives:
1) Maintain uninterrupted grazing following the principles of conservation grazing;
2) Control invasive plant species and agricultural weeds;
3) Protect sensitive riparian and aquatic habitats;
4) Develop a plan to improve water infrastructure for livestock use and wildlife
habitat and evaluate costs.
Range Facilities and Conditions
The Elkus Ranch Uplands and Lobitos Ridge properties are currently grazed under the
management of Vince Fontana, in combination with two adjacent, private parcels to the
south. Mr. Fontana runs a cow/calf pair operation, typically consisting of 70-80 pairs
rotated between two private parcels, Elkus Ranch Uplands and Lobitos Ridge. Stocking
rates fluctuate based on available forage and water availability on the four properties.
The ranch has very limited grazing infrastructure development, as shown in Figure 1.
Fencing
Livestock-tight perimeter and cross fencing is adequate on the properties except along the
UC Elkus Property Boundary (Figure 1). Topography and vegetation, such as slope, rock,
and brush barriers, aid in keeping cattle on the ranch in this and in other locations.
However, existing perimeter fencing is old and needs repair or replacement in some
areas.
Neither Elkus Ranch Uplands nor Lobitos Ridge has corral facilities. The lessee utilizes
a set of his corrals located on the UC property for processing, doctoring, and loading
cattle. A fenced holding field is located just above the corrals on District land.
Water Sources Water availability to livestock is extremely limited on the Elkus Ranch
Uplands and Lobitos Ridge properties. Available sources include one permanent and five
seasonal stock ponds (discussed further below) and a partially-developed spring. No
water troughs or storage tanks are present. The ponds and spring provide insufficient
livestock water and, until recently, cattle were permitted access to Lobitos Creek. In
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2009 the creek was fenced off and a gate was installed to allow cattle to utilize a water
source on the non-District land on the other side.
The 1985 Purisima Creek Adjudication Decree No. 278007 and subsequent modifications
(the Decree) authorizes certain specified landowners to use the waters of Purisima Creek
and its tributaries, though the water must be used in accordance with the restrictions in
the Decree. As part of the Elkus Ranch Uplands purchase, UC retained their adjudicated
water rights to Purisima Creek (both domestic and stock watering). However, the District
as owner of the Uplands property is authorized to continue to use, repair and maintain the
two small stock watering ponds in the Purisima Creek watershed for continued grazing
on the Uplands property. The District received 100% of UC’s water rights associated
with Lobitos Creek. As part of the Lobitos Ridge purchase the District will obtain 100%
of POST’s water rights for the property.
Biotic Resources
This section provides descriptions of the biotic habitats occurring on Elkus Ranch
Uplands and Lobitos Ridge, lists the special-status species potentially associated with
these habitats, and identifies key resource management concerns, including sensitive
biotic resources, on the property. Field data were collected during reconnaissance-level
surveys conducted by District staff during Spring and Summer 2009, a one-day
herpetological assessment Biosearch Associates in June 2009, and a stream survey
conducted by Eric Remington in 2007. A brief review of published data on known
distribution of special-status species in the vicinity, including the status of steelhead trout
in Lobitos and Purisima Creeks was also conducted. No focused surveys for special-
status species were conducted.
California Annual Grassland
Grasslands dominated by wild oat (Avena fatua), ripgut brome (Bromus diandrus), and
soft chess (B. hordeaceus) occur on ridges and gentle to moderate slopes throughout the
two properties. These grasslands are typical of grazed soils in the coastal zone, which
benefit from high moisture deposition from fog. Clay-loam soils can be highly
productive with this relatively high moisture content and support dense growth of pasture
grasses, hindering the establishment of native annual forbs. Native perennial grasses can
persist in undisturbed (untilled) areas or on steep, thin, less productive soils. On both
Elkus Ranch Uplands and Lobitos Ridge, grasslands are primarily underlain by relatively
productive, loam or clay-loam soils of the Gazos and Lobitos series, were likely tilled in
the past, and have supported grazing operations for some time; significant stands of
native grasses were not observed.
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Grassland species composition on Lobitos Ridge is particularly impacted: velvet grass
(Holcus lanatus) is common along the ridgeline here, and even less productive soils are
heavily dominated by introduced species. Areas where cattle congregate, such as around
seasonal ponds and near creek crossings, are heavily invaded by thistles, including milk
thistle (Silybum marianum), bull thistle (Cirsium vulgare), and bristly ox-tongue (Picris
echioides). However, purple needlegrass (Nasella pulcra), California brome (Bromus
carinatus) and California oatgrass (Danthonia californica) are widely distributed among
the pasture grasses. Associated herb species include pale flax (Linum bienne), English
plantain (Plantago lanceolata), hop clover (Trifolium campestre), and localized native
patches of California buttercup (Ranunculus californicus), sun cups (Camissonia ovata),
footsteps-of-spring (Sanicula arctopoides), western rush (Juncus occidentalis), blue-eye
grass (Sisycrinchium bellum) and Kellogg’s yampah (Perideridia kelloggii).
Approximately 164 acres of grassland was mapped on Elkus Ranch Uplands, while
Lobitos Creek contains about 93 acres. These totals do not include areas where coyote
brush is a significant habitat component (see below).
Grassland/Coastal Scrub Transition (Open Coyote Brush Stands)
Succession in coastal grasslands, if uninterrupted by natural or artificial disturbance,
results in transition to coastal scrub. These transition areas contain a mix of coyote brush
(Baccharis pilularis) and grassland plant species, and, because they are open yet
relatively inaccessible to cattle, can be quite weedy. Velvet grass in particular can
dominate the herb layer of open coyote brush scrublands, and both French broom
(Genista monspessulana) and pampas grass (Cortaderia selloana) were observed within
this habitat on the properties. Halting this transition should be a priority on the Purisima
to Sea properties both from a grazing and a botanical standpoint. However, wildlife, in
particular grassland birds, thrive in the transition zone of grassland to scrubland due to
the abundance of perch sites, cover, and forage. Approximately 70 acres of this habitat
type was mapped on Elkus Ranch Uplands. Approximately 76 acres occur on Lobitos
Ridge.
Coastal Sage – Chaparral (Xeric Coyote Brush Stands)
A more dense and diverse association of coyote brush, California sagebrush (Artemisia
californica), and bush monkeyflower (Mimulus aurantiacus) occurs on south-facing
slopes with thin soils, which have not been accessible to grazing for some time. Blue-
blossom (Ceanothus thyrsiflorus) share dominance with scrub species in some areas.
Approximately 59 acres of this habitat type occur on Elkus Ranch Uplands; Lobitos
Ridge contains about 20 acres.
Coastal Scrub (Mesic Coyote Brush Stands)
Mesic Coyote Brush Stands form the most abundant of the shrub-dominated habitats on
the Purisima-to-Sea properties. Approximately 112 acres of this habitat, which is more
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commonly known as coastal scrub, occur on Elkus Ranch Uplands, while Lobitos Creek
contains about 125 acres. Coastal scrub is differentiated from coyote brush transition
areas and coastal-sage chaparral in that it occurs primarily on north-facing slopes and
shady canyons and is co-dominated by shade- tolerant species such as California
blackberry (Rubus ursinus), ocean spray (Holodiscus discolor), California honeysuckle
(Lonicera hispidula var. vacillans), and black twinberry (L. invoucrata var. ledbourii).
Mesic Deciduous Shrubland
Mesic Deciduous Shrublands comprise impenetrable thickets of American dogwood
(Cornus sericea), oso berry (Oemlaria cerasiformis), ocean spray, and poison oak
(Toxicodendron diversilobum), among other species, which intergrade with arroyo
willow and red alder along creeks, in steep canyons, and north-facing slopes. There is
little open ground in this habitat type, as herbs such as mugwort (Artemesia douglasiana),
cow parsnip (Heracleum lanatum), California figwort (Scrophularia californica), and
hoary nettle (Urtica diocia ssp. holocericea) thickly colonize the understory. Where
cattle congregate for shade and water, this habitat can be exceedingly weedy, with poison
hemlock (Conium maculatum), and various thistles dominant. Approximately 11 acres of
this habitat type occur on Elkus Ranch Uplands, along the upper reaches of tributaries to
Purisima and Lobitos Creeks. Only about 7 acres of mesic deciduous shrubland occurs
on Lobitos Ridge.
Riparian Forest and Scrub
Arroyo willow scrub and red alder riparian forest comprise key sensitive habitat areas on
the Purisima-to-Sea properties. On Elkus Ranch Uplands, arroyo willow scrub occurs on
the upper tributaries to Purisima Creek and on three tributaries to Lobitos Creek;
approximately 21 acres of this habitat type are mapped on the property. Arroyo willow
(Salix lasiolepis) is frequently the sole dominant here, although red elderberry (Sambucus
racemosa var. racemosa) is a common component of the dense overstory. Riparian
habitat is well-developed along Lobitos Creek and is classified as red alder riparian
forest; Alnus rubra is the dominant here, with arroyo willow and big leaf maple (Acer
macrophyllum) also present. Ocean spray, snowberry (Symphoricarpos albus),
gooseberry (Ribes spp.), thimbleberry (Rubus parviflora), and salmon berry (R.
spectabilis) are common understory shrubs. Elkus Ranch Uplands and Lobitos Ridge
contain 33 and 38 acres of riparian forest and scrub, respectively.
Perennial Creeks
Purisima and Lobitos Creeks form the northern and southern boundaries of the Elkus
Ranch Uplands and Lobitos Ridge properties and are a dominate feature of the landscape.
Purisima Creek consists of about 7.9 stream miles and drains a watershed of about nine
square miles. It flows west, entering the Pacific Ocean south of Eel Rock. Lobitos Creek
consists of about five stream miles and has a watershed of about four square miles. It
flows southwest, entering the Pacific Ocean at Martins Beach. Both creeks support
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extensive riparian vegetation and provide high-quality wildlife habitat, including non-
breeding habitat for the California red-legged frog.
Ponds
Six ponds occur on the Lobitos Ridge and Elkus Ranch Uplands properties (Table 1,
Figure 1), only one of which, on the lower portion of Lobitos Ridge, holds water
throughout the year. Pond characteristics and enhancement recommendations are
described in detail below.
Table 1. Characteristics of ponds on the Elkus and Lobitos Ridge Properties
Pond
ID
Location Size (ft) Maximum
Depth (ft)
Hydrology
(2009)
Preliminary
Management
Recommendations
1 Elkus Ranch Uplands (top
of PCR tributary)
30 x 30 2.5 Dry by June Maintain as seasonal
pond; enhance for
CRLF breeding habitat
2 Elkus Ranch Uplands (at
spring in LCR watershed)
30 x 30 2.5 Dry by June Maintain as seasonal
pond; enhance for
CRLF breeding habitat
3 Elkus Ranch Uplands (at
Lobitos Ridge boundary)
30 x 60 3 Dry by early
August
Maintain as seasonal
pond; enhance for
CRLF breeding habitat
4 Lobitos Ridge (LCR
watershed)
30 x 40 1.5 Dry; full of
sediment
Consider abandoning;
gully sediment sink
6 Lobitos Ridge (in PCR
tributary)
30 x 75 5 Permanent (4
ft deep in
June)
Maintain berm as
needed to ensure
perennial water storage
capacity.
Special Status Species
Special Status Plants
Special-status plants potentially associated with the grassland community throughout the
Elkus Ranch Uplands and Lobitos Ridge properties include Coast yellow leptosiphon
(Leptosipon croceus; CNPS List 1B.1), and Gairdner’s yampah (Perideridia gairdneri;
CNPS List 4.2). However, the lack of intact coastal prairie on the two properties likely
precludes the occurrence of these species. Mesic deciduous shrubland could support the
special-status plant western leatherwood (Dirca occidentalis).
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Special-status plant species potentially occurring within Coastal Scrub on the two
properties include California androsace (Androsace elongate ssp. acuta; CNPS 4.2), coast
rock cress (Arabis blepahrophylla; CNPS 4.3), Kellog’s horkelia (Horkelia cuneata ssp.
sericea; CNPS 1B.1), San Mateo tree lupine (Lupinus eximius; CNPS 3.2), Choris’s
popcorn-flower (Plagiobothrys chorisianus var. chorisianus; CNPS 1B.2), and coastal
triquetrella (Triquetrella californica; CNPS List 1B.2).
Special Status Wildlife
California red-legged frog (Rana draytonii), a federally threatened species, was
observed in a tributary to Lobitos Creek on the Lobitos Ridge property (Eric Remington,
pers. comm. February 2009). Pond 6, a permanent pond in a tributary to Purisima Creek,
currently provides suitable breeding habitat (Biosearch Associates 2009), and the
extensive riparian forest and mesic habitats adjacent to it provide high-quality upland
habitat for this species. Frogs may also traverse grasslands and other open areas,
particularly during their spring dispersal period.
None of the ephemeral ponds were observed to hold water long enough into the dry
season to provide suitable breeding conditions for CRLF (Biosearch Associates 2009).
Although individual frogs could currently utilize these ponds for foraging or sheltering
habitat during the winter, their potential as breeding habitat should be improved by
increasing the duration of ponding. Ponds must hold water at least through August to
ensure successful metamorphosis. Ponding duration can be increased by lining the basin
with bentonite clay, which reduces water absorption into the soil; or by enlarging or
dredging the basin to increase water holding capacity.
San Francisco garter snake (Thamnophis sirtalis tetraenia), a federal and state
endangered species with “no-take” status, potentially occurs on Elkus Ranch Uplands and
Lobitos Ridge. According to Biosearch Associates (2009) Pond 6 provides potential
habitat: Pacific tree frogs, a primary prey species, breed in the pond, and habitat
conditions are suitable for breeding by the California red-legged frog, another important
prey species. The adjacent grasslands and open scrub provide suitable habitat for basking
and cover, and nearby ponds (off the subject properties) provide the metapopulation
matrix thought to be required for this species. Additional surveys and analysis is
necessary to determine the status of SFGS on the properties.
Steelhead trout (Oncorhynchus mykiss)
Various life-stages of rainbow trout, the non-migratory form of O. mykiss, have been
observed in both Purisima and Lobitos Creeks. Purisima Creek is inaccessible to
migratory fish due to a 30 foot waterfall at the Pacific Ocean. Nevertheless, Becker and
Reining (2008) report that Purisima Creek has offered “fine fishing,” since the early
1900’s; stocked steelhead and rainbow trout were observed by DFG in 1934 (it is unclear
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what differentiated between the two O. mykiss forms). Purisima Creek apparently now
supports a self-sustaining population of resident rainbow trout, despite sediment
problems in the downstream reach.
According to a recent status report, the Department of Fish and Game (DFG) considers
the Highway 1 and Verde Road crossings of Lobitos Creek to be total passage barriers
(Becker and Reining 2008) to anadromy. DFG records indicate that rainbow trout have
been stream-reproducing in Lobitos Creek since the 1920’s; O. mykiss was reportedly
stocked in the creek during that time period. A 1975 survey report states, “Lobitos Creek
presently supports a minimal rainbow trout/steelhead resource. Steelhead usage appears
to be restricted to the lowermost 0.2-mile reach because of fish passage problems.”
However, recent surveys (2006) by DFG revealed multiple O. mykiss year classes
upstream from the Highway 1 crossing; it is likely that Steelhead gain access to Lobitos
Creek during wet years when heavy flows in the downstream culverts permit passage.
Regardless of the migratory status of the trout in Lobitos Creek, this stream provides
high-quality spawning and rearing habitat for O. mykiss. Use of the creek by cattle
seriously compromises this habitat. In particular, the Lobitos Creek crossing is used by
the grazing tenant to water and transfer cattle to adjacent pastures. Cattle loiter in the
creek, trampling the banks and vegetation, and causing severe erosion and sedimentation.
Keeping cattle out of Lobitos Creek should be a high management priority on the Elkus
Ranch Uplands and Lobitos Ridge properties.
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Grazing Management Plan
Objective 1: Maintain uninterrupted grazing following the principles of conservation
grazing.
The properties may be grazed on a seasonal (defined below) or year-round basis,
depending on operational needs, resource management considerations, and livestock
water availability, among other factors. Specific details on grazing timing and duration
will be determined in consultation with the District representative. Guidelines regarding
stocking rates and rotation are provided below.
Prescriptions:
• Graze cattle at ~300-350 total Animal Unit Months (AUM) on the Elkus Ranch
Uplands, preferably distributed as 70-80 AUM from March/range preparedness
through August/forage decay for an average forage production year. Cow/calf
pairs are suited to the property (i.e. ~70 pairs for 5 months), though stockers may
also be practical (140-150 stockers for five months) from December through June.
• Graze cattle at ~230-270 total Animal Unit Months (AUM) on Lobitos Ridge,
preferably distributed as 70-80 AUM from December/germination of non-native
grasses through mid March/germination of native annual vegetation. Cow/calf
pairs are suited to the property (i.e. ~70-80 pairs for 3.5 months), and then rotate
the cattle to the Elkus Ranch Uplands from March through August (Figure 2).
This rotation is suggested as an experiment to promote growth of the native
annual vegetation and it is understood that this rotation may not be feasible. An
alternate rotation may be utilized to accommodate the tenant if the prescribed,
experimental rotation is not feasible.
• Available livestock water and available forage will be monitored by District
representative and will determine the length of the grazing season. Performance
standards for residual dry matter measurements are included below per average
slope:
0 to 30% slopes: an average minimum of two inches to three inches of residual
dry matter – approximately an average of 600-1,000 pounds per acre per NRCS
and UCCE definition.
Greater than 30% slopes: an average minimum of three to four inches of residual
dry matter – approximately an average of 1,000-1,200 pounds per acre per NRCS
and UCCE definition
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• Tenant may graze properties throughout the summer and fall months, following
the winter/spring rotation, to achieve the recommended RDM levels provided
sufficient, off-stream livestock water is available. Alternative water development
options will be explored, including a fenced rock crossing, an alluvial well or
instream diversion, further development of existing (non-adjudicated) springs, or
improved surface water storage.
• Midpeninsula Regional Open Space District reserves the right to terminate the
lease agreement giving 60 days notice to the tenant if the tenant fails to adhere to
the predetermined RDM standards or if either property is left with an average of
greater than 2,000 pounds of RDM at the end of a grazing season. Additionally,
the tenant maybe removed from the property if they graze grasslands below the
prescribed RDM levels without consent of the Rangeland Manager. Fluctuations
in forage production occur annually and the tenant will work with the District
representative to achieve the prescribed RDM levels each year.
Objective 2: Control invasive plant species and agricultural weeds.
Prescriptions:
º Thistle and other invasive plant species are present in varying locations and
densities from season to season depending on precipitation and temperature.
Approved treatment methods include prescribed grazing, mowing, hand removal,
burning, and herbicide application. Herbicide application may be performed by
the grazing tenant, District staff, or a contractor provided they are in compliance
with all herbicide application regulations, follow the District Pest Control
Recommendation, and report herbicide application to the District in addition to
the county.
º Surveys during the 2009 season detected poison hemlock, bull thistle, milk thistle,
and Italian thistle as target species. Locations of 2009 infestations are designated
on Figure 2. The tenant will work cooperatively with the District Rangeland
Ecologist seasonally to locate areas of concern and determine the appropriate
method(s) for treatment.
º Dense patches of non-native velvet grass (Holcus lanatus) are distributed
throughout the grasslands, particularly in gentle slopes with deeper soils.
Research into effective velvet grass treatment measures is needed.
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º Coyote Brush (Baccharis pilularis) is prevalent in dense, well established patches
through out the property. Encroachment of coyote brush into grasslands limits the
available forage for livestock, reduces grassland habitat areas, and creates an
increased wildfire fuel load. Areas of brush encroachment will be treated with
herbicide by the grazing tenant, District staff, or contractor then broken up using a
tractor and drag bar the following season once they have dried. Critical areas of
brush encroachment recommended for treatment are designated on the map in
Figure 2
Objective 3: Protect riparian and aquatic habitat.
Prescriptions:
º Avoid driving or use of mechanized equipment within 200 meters of stock ponds
when aquatic habitat (i.e. standing water) is present. If vehicles must be used
within 200 meters of a pond, the vehicle use must be monitored by a second
person to alert the operator of the presence of San Francisco garter snake and
California red-legged frog.
º Continue to control cattle access to Lobitos Creek. Gates are currently in place to
allow tenant access to adjoining property across Lobitos Creek. The gates are to
remain closed at all times unless the tenant is utilizing the crossing to move cattle
from one pasture to another. Immediately upon completion of cattle movement,
the gates are to be closed to restrict unsupervised cattle access to the streambed.
º Further determine locations where cattle frequent waterways, and assess natural
resource impacts at these sites. Determine alternative access points and need for
additional fencing. The majority of the Lobitos Creek riparian corridor is
confined from livestock access as a result of a natural brush and vegetation
barrier. Fencing may be required in the event that the brush barrier becomes
breached by fire, trampling or other occurrences.
º As necessary, develop wildlife-friendly off-course water troughs and control
cattle traffic using gates/fencing to avoid adverse impacts to ponds and streams.
Potential water trough locations are designated in the map in Figure 1.
Installation and placement of water troughs will be dependent upon available
water on the property.
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Objective 4. Develop or improve ranch infrastructure for livestock use and wildlife
habitat.
Prescriptions:
o All ground-disturbing activities, including road maintenance projects, fencing
installation, and other infrastructure improvements, should take place during the
dry season (April 15-October 15).
º All water improvements within the Purisima Creek watershed on the Elkus
Uplands property shall be consistent with the Water Use Agreement between the
District and UC. Since UC has retained all their Purisima water rights, this
restriction means that the District is allowed to use and maintain the existing
small ponds (Pond #1 and #2) but not develop any additional stock watering
facilities. Ponds #3, 4, and 6 will be maintained and improvements made to
enhance habitat value and increase water holding capacity for livestock and
wildlife drinking water once a biological assessment is completed and proper
permits are obtained.
º Ponds containing threatened or endangered species or potential habitat for these
species may be partially fenced to reduce the threat of trampling and to preserve
an area of undisturbed vegetation to protect egg masses while still allowing
livestock access for drinking water. Ponds will be assessed by a biologist and
partial fencing of the ponds will be based on the vegetative diversity, habitat
value, and species presence or non-presence in each pond.
º Routine maintenance and habitat improvement projects at existing ponds shall be
implemented by the tenant as needed, in exchange for rent credit. The District
representative shall be informed in advance of all pond repair and maintenance
projects. All major earth work projects (defined as those projects requiring use
of large mechanized equipment such as a dozer or excavator, or those in which
greater than 150 cubic yards of material is cut or filled) will require local, state,
and federal permits. Minor earth work projects should be performed according to
the Best Management Practices described in Appendix A.
º Assess corral area currently owned by UC Elkus and develop District lease with
tenant to coincide with the UC Elkus lease for the corral area. Look at potential
fencing needs to allow tenant access to corral facility. Look at developing a
corral on Elkus Ranch Uplands or adjoining District owned lands to serve the
Lobitos Ridge, Elkus Ranch Uplands and/or Blue Brush Canyon properties.
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º Work with tenant and/or contractor to repair perimeter fencing as needed.
Existing perimeter fence is sufficient as per the current tenant. The perimeter
fence between Elkus Ranch Uplands and the Guisti/Purisima Farms Uplands
property (property bordering Elkus Ranch Uplands to the west) will be assessed
thoroughly, taking into consideration the neighboring property owner’s
concerns regarding fencing.
º Work with UC and the grazing tenant to determine if a new fence is needed at or
near the property line between Elkus Ranch Uplands and the UC Elkus 4-H
Facility. If a new fence is required, determine the appropriate location or line for
the fence installation. A natural brush barrier currently provides limited
containment at this location. Construct the new fence using contractor or grazing
tenant assistance if needed.
º Assess need for improvements to existing ranch roads including routine
maintenance, culvert installation, brushing and grading. Determine whether all
existing roads are needed, and if not, develop a decommissioning strategy. The
District may perform this work or may opt for the tenant to perform minor
grading and maintenance work in exchange for rent credit.
º The District shall install minor public access improvements such as self-closing
gates and signage as may be desirable. Further infrastructure modifications
needed for compatibility with public access should be addressed in the future
Comprehensive Plan process.
º District staff will complete brush clearing and necessary grading to open the
patrol access road from the UC Elkus Driveway to the northwest holding pasture
of the Elkus Ranch Uplands. After the access road is opened, District or tenant
will maintain, brush and grade the access road.
Additional Prescriptions
º Conduct all predator control according to District, local and state regulations.
Problem animals interfering with livestock operations shall be handled through
the District’s Operations Department in cooperation with County Animal Control
or the California Department of Fish and Game.
º Study the potential of incorporating the other Purisima to the Sea properties into
this grazing unit and rangeland management plan, including Purisima Farm
Uplands (250 acres) to the west; Identify necessary upgrades, costs, and benefits.
Page 14
Grazing Operation Details
This plan takes effect upon the Districts purchase of the Lobitos Ridge property from
POST. The rangeland management will be conducted according to the Preliminary Use
and Management Plan, of which this Rangeland Management Plan is a part. Lessees will
operate under the Rangeland Management Plan and Grazing Lease, attached. Grazing
practices shall conform to the Grazing Lease, University of California Cooperative
Extension guidelines for Moderate forage utilization (residual dry matter at 800-1,000
lbs/acre), District Resource Management policies, and the animal units specified herein.
These policies and practices not only guide the vegetation management by livestock, but
also ensure the protection of the biological resources of the Elkus Ranch Uplands and
Lobitos Ridge properties, including preservation of potential aquatic and upland habitats
for California red-legged frog and San Francisco garter snake.
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APPENDIX A
BEST MANAGEMENT PRACTICES
Page 16
All Road/Infrastructure Maintenance and Repair Projects shall incorporate best
management practices for erosion control from the District’s Standards and
Specification Guidelines. All such projects shall be planned and implemented by, or
in cooperation with, the District. If implemented by the tenant (for rental credit),
the District Representative shall ensure that the proposed project incorporates the
appropriate BMPs for erosion control.
Pre-construction Surveys
Prior to any road or infrastructure improvement project, the project site will be
surveyed by District biologists to determine if special-status species, or their habitat, is
present. Construction in and around aquatic habitat is subject to additional restrictions,
as described below.
Maintenance/Improvement of Water Control Structures:
1) Periodic vegetation removal to maintain berm/dam integrity
o Removal of woody vegetation should be done by hand crews using
hand saws or chain saws.
o All vegetation removal should occur during the months of August
through October, or when seasonal ponds are dry.
2) Minor earth work to repair small erosion problems or leaks (Build-up of
earthen berms to prevent future erosion or over-topping and to repair minor
breaches or erosion in an otherwise sound berm and/or spillway structure).
o All earth work should be carried out using hand tools or a small
tractor.
o All earth work should occur during the months of August through
October, or when seasonal ponds are dry.
o Imported or soil obtained on site may be used. Soils shall be
carefully selected to minimize visual or ecological impacts.
o All equipment should be staged in previously-disturbed areas and
kept out of the pond basins to the maximum extent possible.
o Avoid driving or use of mechanized equipment within 200 meters
of stock ponds when aquatic habitat (i.e. standing water) is present.
If vehicles must be used within 200 meters of a pond, the vehicle
use must be monitored by a second person to alert the operator of
the presence of San Francisco garter snake and California red-
legged frog.
o For minor earth work projects where permanent aquatic habitat is
present within 200 meters (600 ft), a District biologist should be
present for all work activities. The biologist will stop work if
sensitive wildlife are present. A Service-approved biologist will
remove the animal to a safe location, if required.
Page 17
3) Major earth work to substantially repair or rebuild breached or heavily
deteriorated dams or spillways (See pond excavation and recontouring, below).
Pond Excavation and Re-contouring
Ponds that have become filled with sediment or have otherwise limited water-
holding capacity should be excavated to restore ponding depth and duration. This
action both increase livestock water availability and improves habitat for CRLF.
This and other major earth work (such as major berm repair) would be conducted
using an excavator or dozer.
o All federal, state, and local permits must be obtained prior to
implementation of major repair, excavation or re-contouring
projects. A grading plan and permit will be required. Contact
the District representative to begin the planning process.
o If possible, the grading plan should provide for an as-built ponding
depth of at least six feet.
o If possible, the grading plan should provide for the recontouring of
shallow ‘bench’ habitat (maximum ponding depth <24 inches)
around the pond margins.
o All earth work should occur during the months of August through
October, or when seasonal ponds are dry.
o Worker environmental awareness training should occur prior to
project implementation.
o For those projects where permanent aquatic habitat is present
within 200 meters (600 ft), a District biologist should be present
for all work activities. The biologist will stop work if sensitive
wildlife are present. A Service-approved biologist will remove the
animal to a safe location, if required.
o Excavated material should be hauled off-site or deposited locally
in an area with minimal visual or ecological impacts.
o All equipment should be kept out of the sensitive areas (except
when required by project design).
Pond Physical Inspections
Pond physical condition inspections should occur every 1-3 years, preferably
when the ponds are inundated to determine priority management projects and
should include:
o Berms, spillways, drain pipes, ponding depth, and condition of the
adjacent uplands
o Inspections for breaches, leaks, deteriorating berms, overgrowth of
woody vegetation, impacts from excessive cattle trampling
o Maintenance activities should be recorded in logbook or database.
NEGATIVE DECLARATION
Elkus Ranch Uplands and Lobitos Ridge Properties
Rangeland Management Plan
Purisima Creek Redwoods Open Space Preserve
San Mateo County, CA
August 2, 2010
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
650-691-1200
Midpeninsula Regional Open Space District
NEGATIVE DECLARATION
A notice, pursuant to the California Environmental Quality Act of 1970, as amended (Public Resources Code
21,000, et seq.) stating that the following project: “Elkus and Lobitos Properties Rangeland Management Plan,”
when implemented, will not have a significant impact on the environment.
PROJECT DESCRIPTION
The proposed project consists of implementation of a ten-year Rangeland Management Plan (Plan) at the Elkus
Ranch Uplands and Lobitos Ridge properties, which encompass 790 acres between Purisima and Lobitos Creeks in
coastal San Mateo County, California (Figure 1). The properties were recently acquired by Midpeninsula Regional
Open Space District (District) and are within the Coastside Protection Area, an area that was annexed into District
boundaries in 2004. Both Lobitos Ridge and Elkus Ranch Uplands have undergone production agriculture for
decades, originally dry-land farmed for grains and more recently utilized as rangeland for a grazing operation. The
approximately 250 acres of annual grass rangeland on the two properties has been continually grazed during the
spring and summer months for at least 15 years. The properties provide valuable, regionally-limited habitat for both
common and special-status plants and wildlife. Purisima and Lobitos Creeks support well-developed riparian
woodland and resident populations of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy
(Steelhead migration from the Pacific Ocean) in wet years. California red-legged frogs occur in the creeks and their
tributaries, and four stock ponds provide potential breeding habitat for this species. Finally, grasslands, although
heavily dominated by introduced pasture grasses, are relatively weed-free and can potentially be managed to
increase their native component.
The goal of rangeland management on Elkus Ranch Uplands and Lobitos Ridge is to preserve, protect, and enhance
the biotic values of the properties, while continuing to utilize the land as an agricultural resource. The Plan ensures
progress towards this goal through the following objectives:
1) Maintain uninterrupted grazing following the principles of resource conservation grazing;
2) Control invasive plant species and agricultural weeds;
3) Protect sensitive riparian and aquatic habitats;
4) Improve water infrastructure for livestock use and wildlife habitat.
Under the Plan, cattle would continue to be stocked by a grazing tenant and manager from approximately March
(range preparedness) through August (forage decay) at a density of approximately 620 Animal Unit Months. The
Plan requires monitoring of available forage through Residual Dry Matter performance standards to determine the
length of the grazing season. Cattle may remain on the property through Fall to attain desired RDM levels,
provided sufficient, off-stream livestock water is available. Further habitat protection and enhancement measures
required by the Plan include fencing critical creek crossings to prevent uncontrolled livestock usage of riparian
areas, an experimental pasture rotation to favor native annual plants, and enhancing livestock water availability and
wildlife habitat in existing stock ponds. The Plan also includes improvements to existing ranch roads including
routine maintenance, culvert installation, minor vegetation clearing, and grading.
The Rangeland Management Plan requires that any subsequent pond maintenance and grazing infrastructure
improvement projects, as well as road projects adjacent to ponds or streams, incorporate specific prescribed Best
Management Practices (BMPs) for work in or near aquatic habitats. These BMPs include habitat and species
protection measures including seasonal limited operating periods, restrictions on the use of mechanized equipment,
and biological monitoring. The Plan also incorporates best management practices for erosion control from the
2
District’s Details and Specifications Guidelines. Federal, state, and local permits will be acquired for all major earth
work projects (defined as those requiring the use of a bulldozer or excavator or resulting in cut or fill volumes of
150 cubic yards or greater).
The project is being carried out pursuant to the Service Plan for the Coastal Annexation Area located in San Mateo
County (Service Plan). The Service Plan directs the District to focus its efforts in the Coastside Protection Area on
the preservation and management of open space resources in order to protect watershed integrity and water quality;
protect habitats for special-status species; provide visitor facilities for low-intensity recreation; and preserve
existing and potential agricultural operations, among other goals. The Environmental Impact Report (EIR) for the
Service Plan was certified by the District Board of Directors in June 2003. Mitigation Measures incorporated into
to the Service Plan pertaining to the use and management of the Elkus and Lobitos Ridge properties were adopted
by the District Board of Directors in August, 2009 and March, 2010, respectively. In order to eliminate repetitive
discussions of issues addressed in the EIR, this initial study and the proposed negative declaration are tiered off the
EIR and focus on issues specific to this project.
FINDINGS AND BASIS FOR NEGATIVE DECLARATION
The Manager of the Planning Department of the Midpeninsula Regional Open Space District, based upon
substantial evidence in the record, finds that:
1. The project will have no adverse affects on air quality, mineral resources, population and housing, greenhouse
gas emissions, utilities and service systems, public services, or transportation/traffic because such impacts
simply do not arise from the proposed project, given its minor nature and rural setting.
2. The project will not adversely affect aesthetics, biological and cultural resources, land use or public services,
geology & soils, hazards and hazardous materials, hydrology and water quality, noise, or recreation.
3. The project will not:
• Create impacts that degrade the quality of the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to
eliminate a plant or animal community (excepting the targeted invasive plant species), reduce the number
or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major
periods of California history or prehistory, due to the project’s scale and localized nature.
• Create impacts that are individually limited, but cumulatively considerable, based on project-specific
mitigations that reduce these impacts to a less than significant level.
• Create environmental effects that would cause substantial adverse effects on human beings, either directly
or indirectly.
Therefore, the Midpeninsula Regional Open Space District has determined that the project will have no significant
effect on the environment.
RESPONSIBLE AGENCY CONSULTATION
None
INITIAL STUDY
A copy of the initial study is attached.
3
REVIEW PERIOD
The Review Period begins on June 23, 2010 and ends on July 23, 2010. If you have any comments about the
Negative Declaration or Initial Study, have information that should be included, and/or disagree with the findings
of our study as set forth in the proposed Negative Declaration, please submit your comments in writing no later
than 5 p.m. on July 23, 2010 to Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA
94022.
CONTACT PERSON
Lisa Bankosh
Open Space Planner, 650-691-1200
Ana Ruiz, Planning Manager
Midpeninsula Regional Open Space District
4
5
Midpeninsula Regional Open Space District
INITIAL STUDY
Project title: Elkus Ranch Uplands and Lobitos Ridge Properties Rangeland Management Plan
Lead agency name and address: Midpeninsula Regional Open Space District
330 Distel Circle, Los Altos, CA 94022
Contact person and phone number: Lisa Bankosh (650) 691-1200
Project location: The Elkus Ranch Uplands and Lobitos Ridge Properties are located
approximately 7 road miles south of the city of Half Moon Bay, approximately
1.5 miles east of SR 1 (Cabrillo Highway), within the Purisima Creek Redwoods
Open Space Preserve, in unincorporated San Mateo County (Figure 1).
Project APN: Portion of San Mateo County APN’s 066-200-070; 066-230-030
Project sponsor's name and address: Midpeninsula Regional Open Space District
330 Distel Circle, Los Altos, CA 94022
General plan designation: Agriculture Zoning: Planned Agricultural
District / Coastal
Development
Description of project: (Describe the whole action involved, including but not limited to later phases
of the project, and any secondary, support, or off-site features necessary for its implementation.
Attach additional sheets if necessary.)
The proposed project consists of implementation of a ten-year Rangeland Management Plan (Plan) at the
Elkus Ranch Uplands and Lobitos Ridge properties, which encompass 790 acres between Purisima and
Lobitos Creeks in coastal San Mateo County, California (Figure 1). The properties were recently acquired
by Midpeninsula Regional Open Space District (District) and are within the Coastside Protection Area, an
area that was annexed into District boundaries in 2004. Both Lobitos Ridge and Elkus Ranch Uplands have
undergone production agriculture for decades, originally dry-land farmed for grains and more recently
utilized as rangeland for a grazing operation. The approximately 250 acres of annual grass rangeland on the
two properties has been continually grazed during the spring and summer months for at least 15 years. The
properties provide valuable, regionally-limited habitat for both common and special-status plants and
wildlife. Purisima and Lobitos Creeks support well-developed riparian woodland and resident populations
of Rainbow/Steelhead trout. Lobitos Creek likely supports anadromy (Steelhead migration from the Pacific
Ocean) in wet years. California red-legged frogs occur in the creeks and their tributaries, and four stock
ponds provide potential breeding habitat for this species. Finally, grasslands, although heavily dominated
by introduced pasture grasses, are relatively weed-free and can potentially be managed to increase their
native component.
The goal of rangeland management on Elkus Ranch Uplands and Lobitos Ridge is to preserve, protect, and
enhance the biotic values of the properties, while continuing to utilize the land as an agricultural resource.
The Plan ensures progress towards this goal through the following objectives:
1) Maintain uninterrupted grazing following the principles of resource conservation grazing;
2) Control invasive plant species and agricultural weeds;
6
3) Protect sensitive riparian and aquatic habitats;
4) Improve water infrastructure for livestock use and wildlife habitat.
Under the Plan, cattle would continue to be stocked by a grazing tenant and manager from approximately
March (range preparedness) through August (forage decay) at a density of approximately 620 Animal Unit
Months. The Plan requires monitoring of available forage through Residual Dry Matter performance
standards to determine the length of the grazing season. Cattle may remain on the property through Fall to
attain desired RDM levels, provided sufficient, off-stream livestock water is available. Further habitat
protection and enhancement measures required by the Plan include fencing critical creek crossings to
prevent uncontrolled livestock usage of riparian areas, an experimental pasture rotation to favor native
annual plants, and enhancing livestock water availability and wildlife habitat in existing stock ponds. The
Plan also includes improvements to existing ranch roads including routine maintenance, culvert installation,
minor vegetation clearing, and grading.
The Rangeland Management Plan requires that any subsequent pond maintenance and grazing
infrastructure improvement projects, as well as road projects adjacent to ponds or streams, incorporate
specific prescribed Best Management Practices (BMPs) for work in or near aquatic habitats. These BMPs
include habitat and species protection measures including seasonal limited operating periods, restrictions on
the use of mechanized equipment, and biological monitoring. The Plan also incorporates best management
practices for erosion control from the District’s Details and Specifications Guidelines. Federal, state, and
local permits will be acquired for all major earth work projects (defined as those requiring the use of a
bulldozer or excavator or resulting in cut or fill volumes of 150 cubic yards or greater).
The project is being carried out pursuant to the Service Plan for the Coastal Annexation Area located in San
Mateo County (Service Plan). The Service Plan directs the District to focus its efforts in the Coastside
Protection Area on the preservation and management of open space resources in order to protect watershed
integrity and water quality; protect habitats for special-status species; provide visitor facilities for low-
intensity recreation; and preserve existing and potential agricultural operations, among other goals. The
Environmental Impact Report (EIR) for the Service Plan was certified by the District Board of Directors in
June 2003. Mitigation Measures incorporated into to the Service Plan pertaining to the use and
management of the Elkus and Lobitos Ridge properties were adopted by the District Board of Directors in
August, 2009 and March, 2010, respectively. In order to eliminate repetitive discussions of issues
addressed in the EIR, this initial study and the proposed negative declaration are tiered off the EIR and
focus on issues specific to this project.
Sources:
Midpeninsula Regional Open Space District. San Mateo Coastal Annexation Area - Service Plan.
Ibid. Details and Specifications Guidelines. September 2009.
Ibid. San Mateo Coastal Annexation Draft Environmental Impact Report. June 2002
Ibid. GIS Vegetation Maps, Aerial Photographs, and Hydrological, Land Use and Geological Maps.
Ibid. Elkus Ranch Uplands and Lobitos Ridge Properties Grazing Management Plan. August, 2010.
7
Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.)
• United States Fish and Wildlife Service
• California Department of Fish and Game
• California Regional Water Quality Control Board
• San Mateo County
Document availability:
All documents referenced in the Initial Study are available for review from 8:30 a.m. to 5:00
p.m. at the Midpeninsula Regional Open Space District office at the address listed above.
Subsequent Actions:
Upon certification of this negative declaration, the following actions will occur:
• Adoption of Purisima Creek Redwoods Open Space Preserve Use and Management Plan
amendment to incorporate the Rangeland Management Plan
• Execution of Grazing Lease Agreement
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agriculture Resources Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Transportation/Traffic Utilities/Service Systems Mandatory Findings of
Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
; I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because revisions in the project have been made by or agreed to
by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain
to be addressed.
I find that although the proposed project could have a significant effect on the environment, because
all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant
to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that
are imposed upon the proposed project, nothing further is required.
Signature
8/2/2010
Date
8
9
10
ENVIRONMENTAL IMPACTS
Issues:
I. AESTHETICS
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Would the project:
a) Have a substantial adverse effect on a scenic vista? ;
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
;
c) Substantially degrade the existing visual character or quality
of the site and its surroundings? ;
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area? ;
The proposed project would maintain the existing environment and preserve scenic vistas. Portions of the
ridgeline bisecting the project area are visible from SR 1 (Cabrillo Highway), a state scenic highway. Minor
alterations to cattle stocking rates and timing of pasture use, as well as brief pond construction projects to
improve livestock watering capacity and improve habitat for wildlife, will be implemented as part of the
Rangeland Management Plan. These changes are minor and brief in nature and do not represent substantial
changes to scenic views from SR 1. The proposed project would preserve the visual character and quality of
the site by maintaining the existing environment as an open space preserve. No new sources of light or glare
will result from the project.
II. AGRICULTURE RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use?
;
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? ;
c) Conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code section 12220(g)),
timberland (as defined by Public Resources Code section
4526), or timberland zoned Timberland Production (as defined
by Government Code section 51104(g))?
;
d) Result in the loss of forest land or conversion of forest land to
non-forest use? ;
e) Involve other changes in the existing environment which, due
to their location or nature, could result in conversion of
Farmland, to non-agricultural use or conversion of forest land
to non-forest use?
;
According to the California Department of Conservation's Farmland Mapping and Monitoring Program (FMMP)
2008 update, the project area does not contain Prime Farmland, Unique Farmland or Farmland of Statewide
Importance (although approximately 7 acres of Prime Farmland, subject to management under the District’s
forthcoming Agricultural Management Plan, occurs on the Lobitos Ridge property just west of the project area).
Approximately 472 acres are shown in the FMMP as suitable for grazing, with the balance shown as “other
lands” comprised of steep scrublands. Although some of these lands suitable for grazing may have been dry
farmed historically, these lands are currently fallowed with no obvious infrastructure present. No land subject to
a Williamson Act contract occurs in the project area. The existing agricultural land use of cattle ranching will
not be impacted by the project. As a result of the proposed pond improvements, cattle access to the pond and the
11
availability of water is expected to improve.
Source:
California Department of Conservation. Farmland Mapping and Monitoring Program maps for San Mateo County. 2004.
http://www.consrv.ca.gov/dlrp/fmmp.
III. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management or air
pollution control district may be relied upon to make the following determinations.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of the applicable
air quality plan? ;
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
;
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
;
d) Expose sensitive receptors to substantial pollutant
concentrations? ;
e) Create objectionable odors affecting a substantial number
of people? ;
The project will not obstruct implementation of any applicable air quality management plans. Vehicle emissions
generated from small projects to enhance grazing infrastructure, such as fencing installation and pond
maintenance projects, will be minor and brief. Since each construction site is small-scale in nature, any potential
dust emissions resulting from the individual site project would be localized and limited to the short-term
construction period. The project does not involve an increase in motor vehicle operation, often a significant
contributor to ozone pollution level violations. The project would therefore not contribute substantially to
projected ozone violations due to vehicle emissions. Pollutant concentrations will be low and temporary,
restricted primarily to construction seasons as projects get implemented, moreover given the fact that this area is
closed, no sensitive receptors will be exposed. No objectionable odors are expected.
Source:
Bay Area Air Quality Management District. Ambient Air Quality Standards and Bay Area Attainment Status
.http://www.baaqmd.gov/planning/ resmod/baas.htm. January 2002.
IV. BIOLOGICAL RESOURCES
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified as
a candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
;
Grassland dominated by wild oat (Avena fatua), ripgut brome (Bromus diandrus), and soft chess (B. hordeaceus)
is the most common plant community in the project area. These grasslands are typical of grazed pastureland in
the coastal zone, which support dense growth of annual grasses in the winter and spring months. Native
12
perennial grasses can persist in undisturbed areas or on steep, thin, less productive soils. On both Elkus Ranch
Uplands and Lobitos Ridge, grasslands are underlain by fertile clay soils, were likely tilled in the past, and have
supported grazing operations for some time; significant stands of native grasses were not observed. No intact
coastal prairie remains on the properties due to prior tillage.
Mesic coastal scrub dominate by coyote brush (Baccharis pilularis), California blackberry (Rubus ursinus),
ocean spray (Holodiscus discolor), and poison oak (Toxicodendron diversilobum) form the most abundant of the
shrub-dominated habitats in project area, while arroyo willow scrub and red alder riparian forest comprise key
sensitive habitat areas. Arroyo willow scrub occurs on the upper tributaries to Purisima Creek and on three
tributaries to Lobitos Creek; approximately 21 acres of this habitat type are mapped on the property. Arroyo
willow (Salix lasiolepis) is frequently the sole dominant here, although red elderberry (Sambucus racemosa var.
racemosa) is a common component of the dense overstory. Riparian habitat is well-developed along Lobitos
Creek and is classified as red alder riparian forest; red alder (Alnus rubra) is the dominant here, with arroyo
willow and big leaf maple (Acer macrophyllum) also present.
Special-Status Plant Species
No plant species listed as Threatened or Endangered by the state or federal Endangered Species Acts were
observed or are expected to occur in the project area. Mesic deciduous shrubland, which occurs on steep, north-
facing slopes in the project area, could support western leatherwood (Dirca occidentalis), which is considered
extremely rare (List 1B.2) by the California Native Plant Society (CNPS). CNPS-listed plant species potentially
occurring within Coastal Scrub on the two properties include California androsace (Androsace elongate ssp.
acuta; CNPS 4.2), coast rock cress (Arabis blepahrophylla; CNPS 4.3), Kellog’s horkelia (Horkelia cuneata ssp.
sericea; CNPS 1B.1), San Mateo tree lupine (Lupinus eximius; CNPS 3.2), Choris’s popcorn-flower
(Plagiobothrys chorisianus var. chorisianus; CNPS 1B.2), and coastal triquetrella (Triquetrella californica;
CNPS List 1B.2). No impacts to coastal scrub or mesic deciduous scrubland will result from the Plan.
Special-status plants potentially associated with the grassland community in the project area include Coast
yellow leptosiphon (Leptosipon croceus; CNPS List 1B.1), and Gairdner’s yampah (Perideridia gairdneri;
CNPS List 4.2). Grazing management activities, including pond and infrastructure maintenance and
improvement projects, occur primarily within grassland and could potentially impact these species, if present.
However, the lack of intact coastal prairie likely precludes the occurrence of these species, and neither coast
yellow leptosiphon or Gairdner’s yampah were observed during blooming-period surveys of the ponds and ranch
roads. Best Management Practices required by the Plan include pre-construction surveys by a District botanist
prior to ground-disturbing activities, if suitable habitat for special-status plants is present. Based on these
factors, no direct or indirect impacts to special-status plants are expected to result from the project.
Special-Status Animal Species
Special-status animal species that occur, or have the potential to occur, within the project area include: California
red-legged frog (CRLF), San Francisco garter snake (SFGS), Western pond turtle (WPT), dusky-footed woodrat,
and steelhead trout. Baseline routine ranching activities in the project area are typical of a coastal San Mateo
County grazing operation, and include regular use of roads by trucks and other vehicles, and All Terrain Vehicle
activity off the roads; minor road grading, maintenance, and repair; erosion control; fence installation and repair;
vegetation management; including herbicide application and mowing; supplemental feeding; and cattle roundup
and movement through the pastures. Cattle have had and will continue to have access to ponds. The Plan does
not change or increase this level of access or potential impacts to aquatic habitat. Wooded and riparian habitat
along drainages is, in general, not heavily impacted by cattle due to inaccessibility; however, stream, crossings
have been and will continue to be used by cattle. Continuation of the existing grazing activity would not
increase the risk to listed species in the project area, and implementation of the Rangeland Management Plan,
which prioritizes resource conservation, is intended to improve habitat quality. Special-status species are
13
discussed individually below.
California red-legged frog (Rana draytonii)
Status, Distribution, and Habitat Requirements
The California red-legged frog (CRLF) (Rana draytonii) is federally-listed as threatened and is designated as a
California species of special concern. The CRLF is distributed throughout 26 counties in California, but is most
abundant in the San Francisco Bay Area. California red-legged frogs predominately inhabit permanent water
sources such as streams, lakes, marshes, natural and manmade ponds, and ephemeral drainages in valley bottoms
and foothills up to 1,500 meters in elevation. This species breeds between November and April in standing or
slow moving water at least 0.7 meters (2½ feet) in depth with emergent vegetation, such as cattails (Typha spp.),
tules (Scirpus spp.) or overhanging willows (Salix spp.). Egg masses containing 2,000 to 5,000 eggs are attached
to vegetation below the surface and hatch after 6 to 14 days. Larvae undergo metamorphosis 3½ to 7 months
following hatching and reach sexual maturity 2 to 3 years of age.
In a study of California red-legged frog terrestrial activity in the Santa Cruz Mountains, Bulger (2003)
categorized terrestrial use as migratory and non-migratory. Migratory movements (characterized as the
movement between aquatic sites and most often associated with breeding activities) last from one to several days
and are associated with precipitation events. Non-migrating frogs typically stayed within 60 meters (200 feet) of
aquatic habitat 90% of the time and were most often associated with dense vegetative cover, i.e. California
blackberry, poison oak and coyote brush.
Critical Habitat
Critical habitat for the California red-legged frog was designated in 2006 and revised in 2010. The nearest
critical habitat to the project site (Unit SNM-2) is situated approximately 0.5 miles to the southeast. This
project does not result in impacts to this critical habitat.
Occurrence in the Project Area
California red-legged frog was observed in a tributary to Lobitos Creek, on the Lobitos Ridge property, in 2009.
Pond 6, a permanent pond in a tributary to Purisima Creek, currently provides suitable breeding habitat, and the
extensive riparian forest and mesic habitats adjacent to it provide high-quality upland habitat for this species.
CRLF may also traverse grasslands and other open areas, particularly during rain events early in the rainy season
and during their spring dispersal period. The five seasonal ponds on the property do not hold water long enough
into the dry season to provide suitable breeding conditions for CRLF. Although individual frogs could
currently utilize these ponds for foraging or sheltering habitat during the winter, their potential as breeding
habitat should be improved by increasing the duration of ponding. Ponds must hold water at least through
August to ensure successful metamorphosis. Projects to increase ponding duration (via clay lining, enlarging, or
dredging) are prescribed by the Plan. As a result of these projects, habitat suitability for CRLF on the project
area is expected to increase over the lifetime of the Plan.
Because CRLF are assumed to occupy the project area, Best Management Practices (BMPs) measures have been
incorporated into the Plan that will reduce the potential to affect this species to a less than significant level.
These BMPs include:
o Avoid driving or use of mechanized equipment within 200 meters of stock ponds when aquatic
habitat (i.e. standing water) is present. If vehicles must be used within 200 meters of a pond, the
vehicle use must be monitored by a second person to alert the operator of the presence of San
Francisco garter snake and California red-legged frog.
o For projects in or near aquatic habitat, all earth work would occur during the months of August
through October, or when seasonal ponds are dry.
o All ground-disturbing activities, including road maintenance projects, fencing installation, and
other infrastructure improvements, will take place during the dry season (April 15-October 15).
14
o For those projects where permanent aquatic habitat is present within 200 meters (600 ft), a
District biologist would be present for all work activities. The biologist will stop work if
sensitive wildlife are present. A U.S Fish and Wildlife Service-approved biologist will remove
the animal to a safe location, if required.
o Worker environmental awareness training would occur prior to implementation of projects in or
near aquatic habitat.
o All federal, state, and local permits will be obtained prior to implementation of major repair,
excavation or re-contouring projects.
San Francisco garter snake (Thamnophis sirtalis tetrataenia)
Status, Distribution, and Habitat Requirements
The San Francisco Garter Snake (SFGS) is federally and state-listed as endangered and is a fully protected
species under Section 5050 of the California Fish and Game Code. An aquatic subspecies of the common garter
snake and endemic to the San Francisco Bay Area, SFGS are distributed along the western San Francisco
Peninsula from the southern San Francisco County border south to Waddell Lagoon south of Año Nuevo and as
far east as the Crystal Springs Reservoir Watershed. SFGS often occurs with its primary prey species, the CRLF;
however, it will opportunistically prey on a variety of species including other frogs, tadpoles, egg masses, newts,
small fish, salamanders, reptiles, small mammals, birds and their eggs and several small invertebrates.
Preferred habitat for SFGS is comprised of densely vegetated areas close to water where the snake can retreat
when disturbed. The species often occurs near ponds, marshes, streams and other wetlands associated with
cattails (Typha spp.), bulrushes (Amphiscirpus, Bolboschoenus, Isolepis, Schoenoplectus and Trichophorum
spp.) and rushes (Juncus and Eleocharis spp.). Mating occurs shortly after they leave their winter retreats in May
and females give birth to live young between June and September. Species may hibernate near the coastal areas
in fossorial mammal burrows and other refuges, or remain active year-round, weather permitting.
Critical Habitat
Critical habitat has not been designated for SFGS.
Occurrence in the Project Area
Within the project area, Pond 6 provides potential habitat for SFGS: Pacific tree frogs, a primary prey species,
breed in the pond, and habitat conditions are suitable for breeding by CRLF, another important prey species. The
adjacent grasslands and open scrub provide suitable habitat for basking and cover, and nearby permanent ponds
(off the subject properties) provide the metapopulation matrix thought to be required for this species.
Additional surveys and analysis is necessary to determine the status of SFGS on the properties.
Although habitat within the project area is suitable for the SFGS, this species appears to be patchily distributed
within its range and additional surveys are needed to determine its status on Elkus Ranch Upland and Lobitos
Ridge. However, BMPs incorporated into the project (listed under CRLF, above) will reduce the potential to
affect SFGS to a less than significant level in the event that they do occur. With the implementation of these
BMPs the project is not expected to result in harm, harrassment, injury, or mortality to the SFGS or adversely
affect its potential habitat. Furthermore, pond improvement projects are expected to increase habitat suitability
for SFGS in the project area.
San Francisco dusky-footed woodrat (Neotoma fuscipes annectens)
The San Francisco dusky-footed woodrat is a state species of concern. Woodrats are small mammals that build
nests made of sticks, typically at the base of trees and shrubs. The species prefers forested habitat with a
moderate canopy and brushy understory, particularly on the upper banks of riparian forests or within poison-oak
15
dominated shrublands. The dusky-footed woodrat is known to feed on a variety of woody plants, fungi, flowers
and seeds. Activities associated with the Grazing Management Plan are located primarily in open pasture and
pond sites, which are not preferred habitats for this species. The project is therefore not expected to result in
impacts to San Francisco dusky-footed woodrat.
Steelhead trout (Oncorhynchus mykiss)
Status, Distribution, and Habitat Requirements
Steelhead trout are an anadromous form of rainbow trout that spend part of their lives in the ocean before
returning back to streams to spawn. Steelhead range from Alaska to Southern California. Steelhead trout are
federally listed as threatened within the Central California Coast ESU, including San Mateo County.
Steelhead are an anadromous (ocean going) species that begin life in San Mateo County coastal streams during
the rainy season. Eggs are deposited in stream gravels and fertilized. Small “fry” emerge from the gravels and
then grow in the stream typically for one to three years. Juvenile “smolts” out-migrate into the ocean during the
spring and early summer where they spend between one and four years before returning to their natal stream to
spawn. Unlike Coho salmon, steelhead do not necessarily die after spawning, but may once again move back to
the ocean and return again to spawn.
Occurrence in the Project Area
Various life-stages of rainbow trout, the non-migratory form of O. mykiss, have been observed in both Purisima
and Lobitos Creeks. Purisima Creek is inaccessible to migratory fish due to a 30 foot waterfall at the Pacific
Ocean; however, due to stocking in the early 1900’s, Purisima Creek apparently now supports a self-sustaining
population of resident rainbow trout. The Department of Fish and Game (DFG) considers the Highway 1 and
Verde Road crossings of Lobitos Creek to be total passage barriers to anadromy. DFG records indicate that
rainbow trout have been stream-reproducing in Lobitos Creek since the 1920’s; O. mykiss was reportedly
stocked in the creek during that time period. A 1975 survey report states, “Lobitos Creek presently supports a
minimal rainbow trout/steelhead resource. Steelhead usage appears to be restricted to the lowermost 0.2-mile
reach because of fish passage problems.” However, recent surveys (2006) by DFG revealed multiple O. mykiss
year classes upstream from the Highway 1 crossing; it is likely that Steelhead gain access to Lobitos Creek
during wet years when heavy flows in the downstream culverts permit passage.
Habitat protection measures prescribed by the Rangeland Management Plan, including preventing or controlling
cattle access to creeks and riparian areas, are expected to reduce erosion and sedimentation in Lobitos Creek,
increasing habitat quality for steelhead. The Rangeland Management Plan requires that all road maintenance,
pond repair, and other grazing infrastructure improvement projects incorporate BMPs for working in or near
aquatic habitat. The potential for the project to negatively impact steelhead is therefore considered less than
significant.
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
;
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
;
16
Sensitive natural communities are those that are considered rare in the region, support special-status plant or
wildlife species, or receive regulatory protection (i.e. critical habitat designated by the USFWS under the
Endangered Species Act, §404 of the Clean Water Act, and/or the CDFG §1600 et seq. of the California Fish and
Game Code). The California Natural Diversity Database has also designated a number of natural communities as
rare. Riparian habitats are considered to be sensitive and declining resources by CDFG and the USFWS.
Grazing infrastructure improvement projects will occur during the dry season and will not adversely affect
riparian areas, sensitive natural communities, or wetlands. Furthermore, the Plan incorporates projects designed
to benefit these habitats by providing for their long term integrity through pond berm repair, recontouring and
spillway improvements. Habitat suitability for sensitive species will be improved through enhanced duration of
ponding (permitting red-legged frog metamorphosis) and installing livestock fencing around riparian areas.
Culvert installation and other roadway improvements will be designed to avoid, to the maximum extent possible,
any construction-phase or use-related erosion and sedimentation into aquatic habitat, and will incorporate best
management practices for erosion control from the District’s Details and Specifications Guidelines. According to
these guidelines, all projects will be designed to maintain hydrologic connectivity of streamcourse and wetland
areas and, where possible, will incorporate landform restoration to restore natural hydrological patterns.
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
;
As discussed in Section IV-a, native and migratory fish populations are currently known to inhabit Lobitos and
Purisima Creeks, which form the northern and southern boundaries of the project site. Based on aquatic and
riparian habitat protection measures prescribed by the Plan, the project is expected to result in improved habitat
and water quality in the creeks. No grazing infrastructure maintenance and improvement projects will impede
fish movement or the use of nursery sites within the creeks.
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
;
The project will not conflict with local policies or ordinances protecting biological resources. No significant or
heritage trees will be removed as a part of the Plan.
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
;
No habitat conservation plan, community conservation plan or local, regional, or state habitat conservation plan
has been developed for this area.
Sources:
California Department of Fish and Game (CDFG). State and Federally Listed Endangered and Threatened Animals of California.
California Natural Diversity Database. Habitat Conservation Division. Wildlife and Habitat Data Analysis Branch. October, 2006
Biosearch Associates. California red-legged frog surveys and pond assessment for Purisima-to-Sea Properties, San Mateo County. July
2009.
Bulger, J.B., N.J. Scott Jr. and R. Seymour. Terrestrial Activity And Conservation Of Adult California Red-Legged Frogs Rana Aurora
draytonii In Coastal Forests And Grasslands. Biological Conservation. Vol. 110: pp. 85-95. 2003.
United States Fish and Wildlife Service, Recovery Plan for the California Red-Legged Frog, 2002. Available online at:
(http://ecos.fws.gov/docs/recovery_plan/020528.pdf)
United States Fish and Wildlife Service, Recovery Plan for the San Francisco Garter Snake, 1985. Available online at:
(http://ecos.fws.gov/docs/recovery_plan/850911.pdf)
United States Fish and Wildlife Service, Species Profile for the California Red-Legged Frog accessed online:
(http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=D02D), accessed August 2009.
17
Midpeninsula Regional Open Space District, Department of Fish and Game 5-year Memorandum of Understanding, Routine
Maintenance, Attachment B, Best Management Practices and Standard Operating Procedures for Routine Maintenance Activities in
Water Courses 2007. Available upon request from Midpeninsula Regional Open Space District
Tibor, D. P. (ed.). 2001. Inventory of rare and endangered vascular plants of California. California Native Plant Society Special
Publication No. 1 [6th edition]. California Native Plant Society, Sacramento, CA.
California Department of Fish and Game. List of California Terrestrial Natural Communities Recognized by the Natural Diversity
Database. September 2003.
V. CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the significance of a
historical resource as defined in § 15064.5? ;
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to § 15064.5? ;
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? ;
d) Disturb any human remains, including those interred
outside of formal cemeteries? ;
No structures occur within the project area. A historic farmhouse, located on the Lobitos Ridge property just
west of the project area, is not subject to the Plan. The project would therefore not result in impacts to historic
resources. Surficial surveys conducted within specific project areas for pond maintenance and improvement
actions failed to locate any archeological or paleontological resources or unique geologic features. Due to the
lack of significant vegetative cover and the disturbed nature of the soil surrounding the stockponds, it is likely
that such features would have been observed, if present. Although the possibility of subsurface cultural
resources exists, because specific project areas were previously disturbed during initial construction, ground
disturbance is unlikely to yield any undiscovered resources In the unlikely event that a cultural resource is
located during routine ranch operations or construction of infrastructure improvement projects, the Standard
Protocol for Unexpected Discovery of Archaeological and Paleontological Cultural Materials (Service Plan
implementation action G.6R(i)) will reduce potential impacts to a less than significant level. Similarly, in the
unlikely event that human remains are encountered during routine operations or construction, the Native
American Burial Plan (Service Plan implementation action G.6S(i)) will reduce impacts to a less than significant
level.
Sources:
Midpeninsula Regional Open Space District. San Mateo Coastal Annexation Area - Service Plan (Native American Burial Plan, Protocol
for Unexpected Discovery of Archaeological and Paleontological Cultural Materials).
18
VI. GEOLOGY AND SOILS
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
;
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special
Publication 42.
;
ii) Strong seismic ground shaking? ;
iii) Seismic-related ground failure, including
liquefaction? ;
iv) Landslides? ;
The proposed project is located within a near-wilderness, unpopulated setting. There are no manmade structures
within the area of impact. Routine ranch operations and grazing infrastructure improvement projects require the
occasional presence of the ranch manager and, potentially, a crew. Because they will be operating in an open
grassland and forest area as opposed to a heavily urbanized area with buildings, the likelihood for substantial
adverse effects to people in the event of a surface fault rupture, ground failure or landslide during the project
activities is unlikely. The La Honda Fault crosses the easternmost portion of the Lobitos Ridge property in a
north/south direction. Other active faults in the vicinity of the project area are the San Gregorio and Pilarcitos
faults, which are located approximately 2 miles west and 3 miles east, respectively. Although there is the
potential for on-site fault rupture or severe ground shaking during a large magnitude earthquake, these risks are
considered negligible and highly unlikely in the project area during project construction. A project location in an
unpopulated setting having no overhead hazards, and where no new roads, trails or structures are proposed will
prevent exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury,
or death from rupture of a known earthquake fault. According to the Association of Bay Area Governments
online liquefaction map, and San Mateo County Hazard and Mitigation maps, the project area has a very low
potential to experience liquefaction. Although the proposed project is located in an area where landslides may
occur, the project is not expected to increase the potential for landslides. Roadway and pond maintenance
projects are expected to reduce the possibility of future slumping of material into creeks and drainages on site.
Furthermore, all major earthwork projects will be designed by a qualified Certified Engineering Geologist, with
cut, fill, and grading of material implemented in a manner avoiding the potential for landslide. Work will be
conducted during the dry season to reduce the possibility of a rain driven landslide event.
b) Result in substantial soil erosion or the loss of topsoil? ;
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
;
19
d) Be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code (1994), creating substantial
risks to life or property?
;
d) Be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code (1994), creating substantial
risks to life or property?
;
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
;
The project would continue existing grazing use of the project area. The Plan establishes conservative livestock
stocking rates and requires monitoring of Residual Dry Matter to ensure adequate vegetative cover and prevent
overgrazing, to avoid the potential for increased erosion. Fences, dense vegetation, and steep rugged slopes
prevent livestock access to most of the project area creeks and streams, reducing the potential for sedimentation
into watercourses. Furthermore, aquatic habitat protection measures will be implemented as part of the Plan. In
general, the existing seasonal ranch roads on and accessing the property are in good condition and do not show
signs of significant soil erosion. Road maintenance will be performed according to District Standards for
Erosion Control and will incorporate Best Management Practices for work near aquatic habitats, when
applicable. Work will be conducted during the dry season to reduce the potential for soil erosion or downstream
movement during the rainy season. Finally, the project is not located on a geologic unit or soil that is unstable,
expansive or located on landslide, lateral spreading, subsidence, liquefaction or collapse prone soils. Primary
soils at the site are loam or clay-loam soils of the Gazos and Lobitos series. No septic tanks or alternative waste
water disposal systems will be installed as part of the project.
Sources:
California Division of Mines and Geology CD-ROM 2000-004 (2000). Official Map of Alquist-Priolo Earthquake Fault Zones, Half
Moon Bay Quadrangle. 1974, revised 2000.
Association of Bay Area Governments, online liquefaction map. (http://www.abag.ca.gov/bayarea/eqmaps/liquefac/bayaliqs.gif) accessed
online August 2009.
United States Geological Survey. Half Moon Bay, Woodside 7.5-minute series quadrangle maps. 1991.
VII. GREENHOUSE GAS EMISSIONS
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
;
The project would not allow public access to the project area and therefore will not increase vehicular traffic to
and from the site. Cattle ranching currently exists at the site and the project does not increase the amount of land
proposed for grazing. Cattle are emitters of methane gas, a contributor to greenhouse gases (GHGs). The
number of cattle on the site will be limited based on the prescriptions listed in the Plan, therefore there will be no
increase in cattle grazing as part of the project. Minor improvements to the site to enhance grazing
infrastructure, such as fencing installation and pond maintenance projects, will be minor and brief.
To decrease the potential effects of climate change, California has enacted regulations such as the Global
Warming Solutions Act of 2006 (Assembly Bill 32) to decrease emissions of CO2 and other GHGs. The Scoping
Plan for AB 32 includes voluntary actions that private and public landowners can implement to reduce GHGs.
These voluntary actions include conserving biodiversity, providing recreation, promoting sustainable forest
management, and utilizing fuel management strategies that can potentially reduce the risk of catastrophic fire.
20
The District’s mission is
“To acquire and preserve a regional greenbelt of open space land in perpetuity; protect and restore the
natural environment; and provide opportunities for ecologically sensitive public enjoyment and
education.”
By buying and protecting open space lands in perpetuity, the District is preventing land use conversion from
open space into developed land. Catastrophic wildfires may cause a decline in the carbon sink of forests, which
are located in proximity to the project site. The District implements practices to manage wildland fuels and
reduce fire hazards, including the use of conservation grazing.
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
;
The Range Management Plan does not conflict with an applicable plan, policy, or regulation aimed at reducing
GHGs.
Sources:
East Bay Regional Park District Carbon Sequestration Evaluation. 2008. Prepared by ICF Jones & Stokes for East Bay Regional Parks
District, Oakland, CA.
California Air Resources Board. 2008. Climate Change Proposed Scoping Plan: a framework for change. Available:
http://www.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf. Sacramento, CA.
VIII. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
;
The proposed project does not include the routine transport, use, or disposal of hazardous materials that would
result in a significant hazard. Following approval by the District’s Range Ecologist, small quantities of common
pesticides used in grazing operations may be used by the grazing operator or contractor. All such use would be
in compliance with all herbicide application regulations and would follow the District Pest Control
Recommendation. The quantity and location of all pesticide use would be reported to the District and the
County on a monthly basis. Minor improvements to the site to enhance grazing infrastructure, such as fencing
installation and pond maintenance projects, will be minor and brief and require few vehicles and equipment and
will be used for a short duration of time. Vehicle emissions and dust generated from project construction are
considered less than significant due to the small scale and short duration of each improvement.
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
;
Under the Grazing Lease, the grazing operator or contractor is required to follow all necessary regulations
involved in the transportation and storage of hazardous materials. Public access is not currently allowed at the
project site and no change to public access is proposed as part of the Rangeland Management Plan. In the event
an unintended spill or other hazardous material incident occurs, District Rangers trained in first aid will be
available as first responders to potential emergencies, until a hazardous materials team can arrive. The District’s
radio and repeater system together with ranger and staff availability on call 24 hours per day provides for
effective communication for prompt notification to emergency service providers in the event of a hazardous
materials emergency.
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
;
21
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would
it create a significant hazard to the public or the
environment?
;
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
;
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
;
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
;
There are no schools within a quarter mile of the project area. Due to the rural character of the project area, the
distance to neighboring structures, and the minimal amount of hazardous materials that will be used as a result of
the project, adjoining landowners will not be affected by hazardous materials involved with the project. The
project is not located on a known hazardous materials site. The project is not located within an area affected by
an airport land use plan or within two miles of an airport. The project is not located within the vicinity of a
private airstrip. Project implementation will not interfere with any emergency response plans, or evacuation plan.
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
;
According to the California Department of Forestry and Fire Protection, the project area is located in both a
moderate and high fire hazard zone, based on vegetation type (fuel loading), slope and weather. This designation
notwithstanding, the project would not change the degree of exposure to wildfires. The ongoing grazing
operation on the project site reduces the fire risk through reduction in wildland fire fuels. Equipment operation
has the potential to ignite fires; however adequate fire suppression tools including an “ABC” fire extinguisher
and hand tools will be required on site during the project to extinguish any accidental ignitions. During periods
of high fire danger, no vehicles having catalytic converters shall be allowed off of established roadways. In
addition, District Ordinance 93-1, Section 404, prohibits fires and smoking on District lands. District Rangers
trained in fire-fighting techniques and carrying fire suppression equipment regularly patrol the Preserve. District
staff are often first responders to fire emergencies, with the primary fire protection falling to the California
Department of Forestry, County Fire Departments, and municipal fire protection agencies. The District’s radio
and repeater system together with ranger patrols and staff on call 24 hours per day provides for effective
communication for prompt notification to emergency service providers in the event of a wildland fire or
emergency response call.
Sources:
Google Maps. www.google.com/maps. Search of project site and school locations. Information accessed on September 21, 2009.
Midpeninsula Regional Open Space District. Regulations for Use of Midpeninsula Regional Open Space District Lands.
Adopted by Ordinance No. 93-1, July 28, 1993. Last Revised and Adopted by Ordinance No. 04-01, August 25, 2004
22
IX. HYDROLOGY AND WATER QUALITY
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Violate any water quality standards or waste discharge
requirements? ;
No actions are planned as part of the project that could violate water quality standards or waste discharge
requirements. Nutrient and pathogen pollution from livestock animal waste can result from rangeland grazing,
but most often occurs when livestock are confined and animal wastes are concentrated. The Plan sets the
stocking rates and includes prescriptions for rotations to prevent overconcentration of cattle at the site. Cattle
access to waterways will continue to be controlled. The Plan includes fencing locations where cattle frequent
waterways to prevent uncontrolled livestock usage of riparian areas. Any infrastructure improvements or other
ground-disturbing activities are minor and brief and in nature and will be done following BMP’s per the Plan.
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
;
No depletion in groundwater or recharge is expected to occur, although pond improvements that increase
ponding duration may result in a slower recharge locally at a pond site. In addition, springs may be further
developed to increase water cachement to augment existing livestock water supply. These improvements and
minor, however, and would not have substantial effects on groundwater supply or recharge.
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
;
Pond improvement projects are designed to provide livestock with a longer-duration water source, reducing the
need to water cattle in project area creeks. This action is expected to reduce erosion and sedimentation from the
existing condition. Best Management Practices incorporated into the Plan will minimize the chance for
construction-phase impacts to water quality: all project work will be completed during the dry season, and any
disturbed soil will be revegetated with native plants prior to the rainy season to reduce the potential for sediment
transport and run off to enter waterways. Furthermore, all road maintenance and improvement projects will be
performed according to the District’s Details and Specifications Guidelines, which require that all projects
maintain hydrologic connectivity of streamcourse and wetland areas, and when possible, incorporate landform
restoration to restore natural hydrological patterns.
d) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off-site?
;
Infrastructure improvements designed to increase alternative sources of livestock drinking water will be minimal
and will not cause a significant impact to hydrology patterns or an increase in surface water runoff that would
result in flooding. No rivers or streams will be altered as a result of the project. Any future projects to divert or
store streamwater from Lobitos Creek would be subject to all applicable permits and further CEQA review.
Prescriptions from the Plan such as pond improvements are designed to reduce sedimentation and erosion
through berm repair, pond recontouring, and spillway improvements. Culvert installation and other roadway
improvements will be designed to avoid, to the maximum extent possible, any construction-phase or use-related
erosion and sedimentation into watercourses.
23
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
;
f) Otherwise substantially degrade water quality? ;
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
;
h) Place within a 100-year flood hazard area structures
which would impede or redirect flood flows? ;
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
;
j) Inundation by seiche, tsunami, or mudflow? ;
The ponds are used for watering purposes and not human consumption so no existing stormwater drainage
systems are in place. No housing is associated with the project, and no housing will be placed in the 100 year
floodplain as a result of the project. The proposed project is located in a grassland and forest setting with no
manmade structures within the area of impact. Due to the project location, no risk of inundation from seiche,
tsunami or mudflow is expected to occur. Due to the small size of the ponds, and remote location, there is no
significant risk of human injury or death from downstream flooding. Any downstream sediment or water
inundation would dissipate locally within the Preserve before reaching a populated area or public road system.
Roadway and pond improvement projects are expected to reduce the possibility of erosion and flooding. Work
will also be conducted during the dry season which will reduce the possibility of a flooding event during
construction activities.
X. LAND USE AND PLANNING
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Physically divide an established community? ;
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
;
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan? ;
The project is located in a rural setting and does not physically divide an established community. The project is
consistent with the San Mateo County General Plan in that the Preserve is designated General Open Space
and Agricultural/Grazing Lands. The agricultural/ grazing designation allows for cattle grazing. Therefore,
current and future use of the land for cattle usage remains consistent with San Mateo County’s General Plan.
No applicable habitat conservation plan or natural community conservation plan is in place for the project
location.
Sources:
San Mateo County, General Plan, accessed online: (http://www.sforoundtable.org/P&B/pb_general_plan.html) accessed
San Mateo County, Zoning Regulations, July 1999. Available online at:
(http://www.co.sanmateo.ca.us/vgn/images/portal/cit_609/9441580Zregs-wp.pdf)
San Mateo County. General Plan. Section 6 Park and Recreation Resources Policies, Section 9 Rural Land Use Policies. 1986.
24
San Mateo County. Local Coastal Program. June 1998.
California Department of Fish and Game, Habitat Conservation Planning Branch.
California Department of Fish and Game, Natural Community Conservation Planning Program. http://www.dfg.ca.gov/nccp/. November
4, 2002.
XI. MINERAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
;
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
;
No mineral resources locally important or of value to the region are designated on local general or land use plans
or are known to occur at the project site.
XII. NOISE
Would the project result in:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other
agencies?
;
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels? ;
c) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
;
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
;
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
;
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working in
the project area to excessive noise levels?
;
25
According to the San Mateo County General Plan Noise Element, significant noise impacts occur when the noise
levels are equal to or above 60 Community Noise Equivalent Level (CNEL). Exterior noise exposure levels of
70 CNEL or greater are considered significant for residential developments according to the State of California.
Within the Preserve, current ambient noise levels are well under 60 CNEL. Noise-generating activities such as
driving of vehicles to the project area, and operation of vehicles and equipment would occur during daytime
hours within the remote setting of the Preserve, well removed from nearby residences.
Groundborne vibration and groundborne noise levels will be confined to the immediate area of grazing
infrastructure improvements at the project site. No persons are located immediately adjacent to the project site,
so there will be no impact. No permanent increase in ambient noise levels will occur. Improvements prescribed
as part of the Rangeland Management Plan are minor, and brief and will not significantly increase the amount of
vehicles at the site. During project implementation vehicles and equipment will generate temporary increases in
noise levels. However, given that project work will occur in a remote area that is currently closed to public use,
the temporary, short -term increase in noise will result in a less than significant impact. The project is not located
within an airport land use plan or within two miles of an airport or private airstrip.
XIII. POPULATION AND HOUSING
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
;
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
;
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? ;
The project is a Rangeland Management Plan for a site with existing grazing, and will not result in population
growth, displacement of homes or people.
XIV.PUBLIC SERVICES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or
other performance objectives for any of the public
services:
;
b) Fire protection? Police protection? Schools? Parks? Other
public facilities? ;
The project is a Rangeland Management Plan for a site with existing grazing and will not require the need for
new or physically altered government or public facilities (including schools and parks), or additional fire or
police protection. The project would increase fire protection by reducing wildland fuel and is also designed to
enhance the watering duration of ponds which would provide additional fire suppression services.
26
XV. RECREATION
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
;
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
;
The project area is currently closed to public access and recreational use. The Rangeland Management Plan will
not result in a change in this status.
XVI. TRANSPORTATION/TRAFFIC
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance
of the circulation system, taking into account all modes of
transportation including mass transit and non-motorized
travel and relevant components of the circulation system,
including but not limited to intersections, streets,
highways and freeways, pedestrian and bicycle paths, and
mass transit?
;
b) Conflict with an applicable congestion management
program, including, but not limited to level of service
standards and travel demand measures, or other
standards established by the county congestion
management agency for designated roads or highways?
;
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
;
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
;
e) Result in inadequate emergency access? ;
f) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
;
The area included in the Range Management Plan will stay closed to public use, therefore no increase in
vehicular traffic is expected to occur. Improvements made to grazing infrastructure will be small in scale and
short duration and will result in only add a few additional vehicles traveling on the roads to and from the project
site. The number of vehicles and trips to the site are not expected to increase traffic to the surrounding area any
more than occurrence of a similar small scale single event (such as a cattle roundup, school field trip, private
party, or other local events). No change in aircraft patterns is expected as a result of the project. Roads and trails
will remain open to routine Ranger patrol and will allow for through access in the event of an emergency. The
grazing tenant is obligated to repair and maintain all roads used for the grazing operation per the terms of the
grazing lease. The project does not conflict with any adopted plans or programs supporting congestion relief or
alternative transportation.
27
XVII. UTILITIES AND SERVICE SYSTEMS
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? ;
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
;
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
;
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
;
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project’s projected demand
in addition to the provider’s existing commitments?
;
f) Be served by a landfill with sufficient permitted capacity
to accommodate the project’s solid waste disposal needs? ;
g) Comply with federal, state, and local statutes and
regulations related to solid waste? ;
The project does not include new facilities requiring restrooms, and will therefore not result in the generation of
new sources of wastewater or exceed established wastewater standards. The Range Management Plan may
improve water quality by limiting cattle access to streams. Pond improvements will be adequately sized to better
accommodate storm water drainage. No new or expanded entitlements are needed, no wastewater treatment,
landfills, or solid waste is associated with the project.
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history or prehistory?
;
The purpose of the project is to integrate the principles of conservation grazing into an existing cattle ranching
operation. In general, the project is expected to result in improved habitat suitability for fish and wildlife, and
may increase the amount of native plant species within project-area grasslands. The Plan includes small
construction projects to improve and maintain ranch infrastructure. Best Management Practices have been
incorporated into the Plan and will reduce any construction-phase impacts to biological and cultural resources to
less than significant levels. See Section IV, Biological Resources.
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
;
28
projects, and the effects of probable future projects)?
The project will not result in significant cumulative effects to the environment.
c) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
;
The project will not cause substantial adverse affects on human beings.
GRAZING LEASE
LOBITOS RIDGE/ELKUS RANCH UPLANDS GRAZING UNIT
PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE
1. RANGELAND MANAGEMENT PLAN............................................................................ 3
2. PREMISES............................................................................................................................ 3
3. TERM..................................................................................................................................... 4
4. RENT ..................................................................................................................................... 5
5. TAXES ................................................................................................................................... 6
6. ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION.. 7
7. ANNUAL STOCKING AND WORK PROGRAM........................................................... 9
8. USE OF PREMISES............................................................................................................. 9
9. ENTRY AND INSPECTION BY DISTRICT .................................................................. 11
10. MAINTENANCE OF IMPROVEMENTS................................................................... 11
11. ALTERATIONS ............................................................................................................. 11
12. TERMINATION FOR BREACH OR DEFAULT ...................................................... 12
13. SURRENDER OF PREMISES...................................................................................... 14
14. ASSIGNMENT AND SUBLETTING........................................................................... 14
15. INDEMNIFICATION .................................................................................................... 14
16. INSURANCE................................................................................................................... 14
17. ABANDONMENT .......................................................................................................... 14
18. WAIVER OF RELOCATION BENEFITS.................................................................. 15
19. UTILITIES......................................................................................................................15
20. NO RIGHT TO REPAIR AND DEDUCT.................................................................... 15
21. GENERAL PROVISIONS............................................................................................. 15
2
SUMMARY OF GRAZING LEASE TERMS
This is a summary (“Summary”) of the principal terms and conditions of the Grazing Lease.
Each item below shall be deemed to incorporate all of the terms and conditions set forth in the
Grazing Lease pertaining to such item. In the event of any conflict between the information in
this Summary and any more specific provision of the Grazing Lease, the more specific Grazing
Lease provision shall control.
Landlord: Midpeninsula Regional Open Space District
Tenant: Vince Fontana
Term: Five (5) year Initial Term commencing November 1, 2010
(“Commencement Date”)
Grazing Season: Seasonal (Annual adjustments thereafter pursuant to Section
6 of the Grazing Lease).
First Year Grazing Capacity: 400 AUMs (Annual adjustments thereafter pursuant to
Section 6 of the Grazing Lease).
Use: Cattle grazing and authorized adjunct activities
First Year Rent: $5,360 (Annual adjustments thereafter pursuant to Section 4
of the Grazing Lease).
Rent Payment Date: Bi-annual payments on January 2nd and July 31st
District Contact Information: Tenant Contact Information:
Primary Contact: Real Property Specialist Primary Contact: Vince Fontana
Tel: (650) 691-1200 Tel: (650) 726-2621
Alternate: Skyline Area Superintendent Alternate Contacts:
Tel: (650) 949-1848 Doug Edwards - Tel: (650) 245-6808
Greg Fontana – Tel: (650) 712-9417
Notice Addresses of District: Notice Address of Tenant:
Midpeninsula Regional Open Space District Vince Fontana
Attn: Real Property Specialist P.O. Box 512
330 Distel Circle Half Moon Bay, CA 94019
Los Altos, CA 94022
With a copy to:
MROSD – Skyline Field Office
Attn: Area Superintendent
21150 Skyline Boulevard
La Honda, CA 94020
3
GRAZING LEASE
THIS GRAZING LEASE (“LEASE”) IS MADE BY AND BETWEEN THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT (“DISTRICT”) AND THE UNDERSIGNED
GRAZING TENANT (“TENANT”) UPON THE FOLLOWING TERMS AND CONDITIONS:
1. RANGELAND MANAGEMENT PLAN
District has prepared a grazing management plan for the Premises (“Rangeland Management Plan”),
incorporated herein by this reference as Exhibit A, and has provided Tenant with a copy of said
Rangeland Management Plan. Tenant hereby acknowledges receipt thereof. Tenant shall manage
and use the Premises throughout the Term in a good and proper manner, according to approved
methods of range management and grazing practice as more specifically set forth in the Rangeland
Management Plan, and as may be established and modified from time to time by District. The
Rangeland Management Plan serves this Lease as a management tool for developing and
implementing range activities in accordance with and complementary to the District’s overall land
management, resource administration, public use, and other open space policies, guidelines and
goals. The Rangeland Management Plan may be amended by District from time to time, with
Tenant’s input, and any such amendment by District shall be effective upon thirty (30) days written
notice to Tenant thereof.
2. PREMISES
(a) Premises. District leases to Tenant, and Tenant leases from District, upon the terms and
conditions herein, those certain tracts of land specifically defined and delineated in the
Rangeland Management Plan (the “Premises”).
(b) Reserved Rights. Tenant's use of the Premises is subject to all existing easements,
servitudes, leases and rights of way for ditches, levees, roads, public utilities, pipelines and
any other purposes, whether of record or not, and including the right of District to authorize
its directors, officers, employees, agents, and volunteers to use the Premises for District
purposes. District reserves the right to use the Premises for all public open space purposes,
including but not limited to natural resource restoration and management, natural resource
monitoring, road grading, mowing, plowing, seeding, fertilizing, prescribed burning and
performing any other appropriate or customary seasonal work. District further specifically
reserves the right to make use of all roads and trails on the Premises for patrol, maintenance
and such other uses as District may reasonably desire to make of such roads or trails.
District also reserves the right to make the Premises open to the general public for low
intensity open space recreation, subject to reasonable restrictions as determined by District,
and including the right to construct trails, public trailhead facilities, and other facilities for
such public use purposes.
(c) As Is Condition of Premises. District makes no warranties or representations to Tenant
concerning the suitability of the Premises for grazing purposes. Tenant represents and
warrants that Tenant has conducted a thorough and diligent inspection and investigation of
the Premises and the suitability of the Premises for Tenant’s intended use. Tenant is fully
aware of the needs of its grazing operations and has determined, based solely on its own
inspection, that the Premises are suitable for its operations and intended use. Tenant
acknowledges, agrees to, and hereby accepts, the Premises in their present condition, “AS IS,
4
WITH ALL FAULTS”, without representation or warranty of any kind, and subject to all
applicable laws, statutes, ordinances, rules and regulations governing the use, occupancy,
management, operation and possession of the Premises. Without limiting the foregoing, this
Lease is made subject to any and all covenants, conditions, restrictions, easements and other
title matters affecting the Premises, or any portion thereof, whether or not of record. Tenant
acknowledges and agrees that District, including without limitation its directors, officers,
employees and agents, has not made, and District hereby disclaims making, any
representations or warranties, express or implied, concerning (i) any title or survey matters
affecting the Premises; (ii) the physical, geological or environmental condition of the
Premises including without limitation , and notwithstanding any provisions of the Rangeland
Management Plan, the availability, suitability, sufficiency, or existence of any sources of
water, livestock watering system, or water rights of any kind; (iii) the present or future
capacity or suitability of the Premises for livestock grazing; (iv) the feasibility, cost or
legality of constructing any improvements on the Premises if required for Tenant’s use as
permitted under this Lease; (v) the condition of any fences, roads, gates or range
improvements; or (vi) any other matter whatsoever relating to the Premises or its use,
including, without limitation, any implied warranties of fitness for a particular purpose.
(d) Withdrawal of Premises. Pursuant to Public Resources Code §5563, District hereby
reserves the right, at any time, to reduce the size of the Premises leased hereunder, in whole
or by any portion thereof, should the District Board of Directors (“Board”) by ordinance
determine to use such lands for park, open space or other District purpose inconsistent with
Tenant’s use, in which case the Lease shall terminate as to those lands so identified. District
will notify Tenant of the tentative scheduling of any agenda item for Board consideration to
act under Section 5563, as to the Premises, no less than ninety (90) days in advance of the
meeting proposed for consideration of such an item. Should less than the entire Premises be
removed from the Lease pursuant to this Section, the animal unit months (“AUM”), as
hereinafter defined, and as permitted hereunder, and the corresponding rental amount, shall
be reduced proportionate to the reduction in the area, based on acreage, subject to the Lease.
In the alternative, Tenant may elect to terminate the Lease in its entirety and shall have no
further rights or obligation hereunder except as to those matters specifically identified as
surviving such termination. In the event of such early termination, Tenant’s sole claim
against District shall be to a pro-rata refund of any grazing rent actually paid in advance, if
any such rent has been paid for the next lease year.
3. TERM
(a) Term. The Premises are leased for an initial five (5) (“Initial Term”) beginning November
1, 2010 (“Commencement Date”) and expiring on the last day of the Grazing Season on the
final year of the Initial Term, unless extended as provided for herein. Provided Tenant is in
compliance with the terms, covenants, and provisions of this Lease (including the Rangeland
Management Plan), District may elect to extend the Lease for one additional five (5) year
period (“Subsequent Term”), for a maximum total Term of no more than ten (10) years,
unless the Lease is terminated by District or Tenant as otherwise provided for herein. The
Subsequent Term shall expire on the last day of the Grazing Season on the final year of the
Subsequent Term. Collectively, the Initial Term and Subsequent Term are referred to herein
as the “Lease Term”.
(b) Grazing Capacity and Grazing Season. The definition of the “Grazing Capacity” and the
5
“Grazing Season” for all purposes of this Lease is that set forth in Section 6 of this Lease..
Tenant will graze the Premises only during the Grazing Season and in compliance at all
times with the authorized Grazing Capacity. Tenant may go on to the Premises during other
times of the year (the “Off-Season”) to conduct activities reasonably related to permitted
grazing, including infrastructure maintenance and repair and related to such new leasehold
improvements as may be authorized in writing by District.
(c) Termination of Lease at End of Term. District or Tenant may terminate this Lease at the
end of the Initial Term, or at the end of any Subsequent Term, if District or Tenant gives
written notice to the other party at least ninety (90) days prior to the Expiration Date of the
then effective Term. This right of termination is in addition to any and all rights of
termination by District or Tenant as set out herein.
(d) Possession. Tenant agrees that in the event of the inability of District to deliver possession
of the Premises at the Commencement Date, District shall not be liable for any damage
caused thereby nor shall this Lease be void or voidable, but Tenant shall not be liable for
Rent (as described hereunder) until such time as District offers to deliver possession of the
Premises to Tenant. The Term of the Lease shall not be extended by any such delay.
4. RENT
(a) Lease Year Rent. Each year during the Term, Tenant shall pay to District annual rent
(“Rent”) as payment for grazing on the Premises. Rent for the first year of the Initial Term is
the amount set forth in the Summary ($5,360.00). Rent shall be adjusted on the
Commencement Date of each lease year thereafter (“Annual Adjustment of Rent”) as set
forth below. Rent shall be payable in two lump sum payments, and shall be paid on or
before the dates set forth in the Summary (“Rent Payment Date”) at the address shown for
District in the Summary. Rent shall be paid in advance without demand, deduction, offset or
counterclaim whatsoever except as may otherwise be specifically permitted herein. Rent
shall be paid in full when due and payable regardless of whether or not any livestock are
grazed upon the Premises, or whether or not the Premises are grazed at the Grazing Capacity
authorized for any lease year.
(b) Annual Adjustment of Rent. Rent shall be adjusted upward or downward for each lease
year depending upon the Grazing Capacity, Grazing Season, and per AUM rental rate as set
out in Exhibit B for the Premises, as determined by District prior to the beginning of the
Grazing Season, and on whether the average selling price of beef cattle is higher or lower
than the corresponding average selling price for the preceding lease year (“Rent
Adjustment”). Tenant shall be notified by the District on or before July 15th of each current
lease year of the new per AUM rental rate for the next lease year. Rent Adjustments will be
calculated pursuant to the formula set forth in the Calculation of Annual Grazing Rent,
attached hereto and incorporated herein as Exhibit B of this Lease.
(c) Rent Credit for Performance of Work. Tenant may request permission from District to
substitute performance of work (“Work”) on the Premises, and only such matters for which
Tenant is not otherwise obligated or responsible, in lieu of all or a portion of cash rental
payments by the following procedure and subject to the following conditions:
1) Prior to commencing any such Work, Tenant shall submit a written proposal to District
for approval of specific Work and shall provide an estimate of the value of such Work
(Exhibit C).
2) District shall review such Tenant proposal and value estimate, and may elect, in its sole
6
discretion, to authorize the performance of such Work, or may counter the offer of
Tenant, either as to the scope of Work or valuation thereof. If acceptable to Tenant,
District may authorize the performance of such Work in lieu of all or a portion of Rent in
the agreed upon amount. Any such authorization shall be in writing and signed by a duly
authorized District representative or shall be of no force and effect.
3) In the event District approves specific Work to be performed by Tenant in lieu of all or a
portion of Rent, all such Work shall be performed in a timely and professional manner,
to the reasonable satisfaction of District.
4) Tenant shall notify District upon completion of the authorized Work and shall arrange
for inspection of such Work by District. If District, after inspection, accepts the Work as
fully and correctly performed, it shall authorize, in writing, that such Work be substituted
for all or a portion of Tenant’s Rent obligations in the agreed upon amount. If District
determines that the Work has not been fully or correctly performed, it shall notify Tenant
of the deficiencies and Tenant shall have a reasonable period of time to correct the
identified deficiencies. Tenant shall thereafter notify District and request further
inspection.
5) Tenant may thereafter apply the credit authorized herein to Rent accruing under this
Lease.
6) In no event shall credit for Work performed in lieu of Rent exceed the amount of Rent
due for the remainder of the then current Term and any excess claimed may not be
carried over or otherwise applied to rental obligations arising thereafter. Should District
terminate this Lease for any reason permitted hereunder, District shall, prior to the full
application of any such credit to Rent due, reimburse Tenant for Work that was approved
by District and correctly performed by Tenant, provided that District’s termination of
this Lease is not due to a material default or breach of Tenant that results in a
determination by a court of competent jurisdiction that any such credit accrues to the
benefit of the District.
7) Nothing contained herein shall be construed to make Tenant an employee or agent of
District and Tenant shall be and remain an independent contractor.
8) The type of work that may be considered for rental credit shall include but not be limited
to:
(i) Road brushing, minor grading, and maintenance
(ii) Invasive plant treatment
(iii) Repairing perimeter fencing and constructing new fencing.
(iv) Water improvements
(d) Late Charge. Any Rent received by District five (5) or more days past the Payment Date on
which such amount was due, shall be subject to a penalty of 10% of the amount due to
District, and Tenant shall pay such additional sum concurrently with the late payment.
(e) Livestock Lien. Tenant hereby acknowledges that all Rent not paid on a Payment Date set
herein shall become a lien on any and all livestock located on the Premises as authorized by
California Civil Code §3080, et seq., and District shall have the right to take possession and
retain all such livestock, without resort to additional legal proceeding, until all unpaid
amounts are satisfied in full.
5. TAXES
Tenant agrees to be responsible for, and to pay promptly when due, all possessory interest taxes and
7
any other such taxes that are assessed on the basis of this Lease or the grazing operations permitted
hereunder. Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be
entitled to offset the amount of such tax against Rent payable under this Lease. Taxes assessed on
any personal property of Tenant shall be solely the obligation of Tenant.
6. ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION
(a) Definition of Grazing Capacity. Grazing capacity, for all purposes herein, is the level of
livestock use allowed on the Premises consistent with forage production, resource
conservation, and open space preservation objectives (the “Grazing Capacity”). The unit of
measure of Grazing Capacity shall be the animal unit month (“AUM”), defined herein as the
amount of forage, equivalent to 1,000 pounds of dry, herbaceous plant material, necessary to
sustain a mature cow for a period of one month. District shall regulate the kind and number
of livestock and the amount of time the Premises are grazed by same, to assure conformity to
Grazing Capacity estimates.
(b) Procedure for Establishing Annual Grazing Capacity and Grazing Season. The Grazing
Capacity and Grazing Season for the Premises for the first lease year is that set forth in the
Summary. The procedure for establishing the Grazing Capacity and Grazing Season
thereafter shall be:
1) District shall conduct an annual range assessment of the Premises to identify areas
District considers suitable for grazing and to estimate the available forage production for
the forthcoming lease year. Tenant will be provided an opportunity to participate in this
annual range assessment.
2) Residual Dry Matter (RDM) targets described in Section 6(g) herein shall be subtracted
from the estimated total amount of available forage within the Premises to determine
how much forage is available for livestock to consume in an average year, a wet year,
and a dry year. The District’s determination of Grazing Capacity and corresponding
Grazing Season for the Premises shall be based upon the estimated forage production in
an average rainfall year and may be subject to change by District.
3) Prior to November 15th of each year, District shall notify Tenant in writing of the
authorized Grazing Capacity and Grazing Season for the Premises for the forthcoming
lease year. The notice shall set forth any required changes to Tenant’s range
management methods or grazing practices in accordance with the Rangeland
Management Plan, and shall also list any natural resource management or other range or
open space management activities appropriate for the Premises during the forthcoming
lease year from which Tenant may propose to do Work, as defined in Section 4(c).
4) Subject to the provisions of Section 6(c) through 6(g) below, the authorized Grazing
Capacity for the Premises shall remain the same throughout the lease year.
(c) District as Sole Judge of Grazing Capacity and Grazing Season . At all times District
shall be the sole judge as to the Grazing Capacity and Grazing Season of the Premises and
any pasture thereof. In determining the Grazing Capacity and Grazing Season of the
Premises or any pasture thereof, District may take into account, by way of example only and
without limitation thereby, such factors as erosion control, re-forestation, native and invasive
vegetation, water quality, fisheries, wildlife, recreation or any other conditions that may
affect the use, operation, and conservation of the District’s lands for open space purposes.
(d) Emergency Reduction of Grazing Capacity. At any time and from time to time, District
may reduce the authorized Grazing Capacity or Grazing Season or impose a full or partial
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grazing moratorium in the District’s discretion when such action is necessary or appropriate
due to an emergency that poses a threat to the physical or environmental condition of the
Premises. Written notice of any such reduction will be given by District to Tenant, who
shall have ten (10) days in which to implement the reduction. In implementing such
reduction, Tenant may either (i) reduce animal numbers, or (ii) feed weed-free hay of good
quality at the equivalent of three (3) AUMs per ton fed. In the event Tenant desires to use
option (ii), Tenant shall first obtain District’s written approval. In giving such approval,
District may require Tenant to concentrate all or part of the livestock into selected areas for
feeding and control. In the event of such reduction, the Rent shall be adjusted pursuant to
Section 4(b) hereof.
(e) Exceeding Grazing Capacity Without Authorization. Tenant shall limit the number of
livestock to be grazed upon the Premises and the period of use so that the authorized number
of AUMs is not exceeded. Should the Premises, or any portion thereof, unintentionally be
grazed in excess of the authorized number of AUMs, Tenant shall immediately remove all or
such number of livestock as are necessary to comply with the Grazing Capacity authorized
by District. In addition to all other rights which District may have or exercise under this
Lease, in the event that Tenant grazes the Premises in excess of the authorized Grazing
Capacity, the charge per AUM shall be three (3) times the annual Rent provided for in this
Lease for each AUM or portion thereof grazed in excess of said authorized number, for any
length of time, such amount being hereby agreed upon as the liquidated minimum damages
to District from such excess usage and District shall be entitled to prove and be awarded any
greater damage amount, or other relief sought, by a court of competent jurisdiction. Tenant
shall pay such amount to District promptly upon demand.
(f) Minimum Residual Dry Matter (RDM) Requirements. Residual dry matter (“RDM”), as
used herein, is a measure of the amount of dry vegetation left on the ground, typically
measured at the end of summer or in the fall, prior to rainfall. The height in inches of
standing vegetation remaining on the ground is a general indicator of RDM levels, however
the pounds per acre measurement shall be used for the purposes of monitoring and enforcing
minimum RDM requirements. The District has set the following minimum RDM
requirements for the Premises depending upon average slope:
1) On 0% to 30% slopes, the average minimum RDM shall be 800 – 1,000 pounds per acre,
or approximately 2 to 3 inches of standing vegetation.
2) On slopes greater than 30%, the average minimum RDM shall be 1,200 pounds per acre,
or approximately 3 to 4 inches of standing vegetation.
A layer of RDM shall be maintained by Tenant throughout the Grazing Season to minimize
soil erosion and enhance both the quality and quantity of forage produced. Tenant and
District acknowledge that localized over-utilization will occur adjacent to watering facilities,
corrals, and salting areas. As such, these areas will not be used to determine the RDM levels
of a pasture. If the RDM levels drop below the amounts specified above, District shall notify
Tenant, and Tenant shall immediately remove all livestock from the affected pasture(s) until
such time as District determines that such pasture(s) have recovered sufficiently for
restocking.
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7. ANNUAL STOCKING AND WORK PROGRAM
Tenant shall prepare an annual stocking and work plan (“Stocking and Work Program”) prior to the
beginning of each Grazing Season. No later than December 1st of each year, Tenant shall deliver to
District a proposed Stocking and Work Program, in a form substantially similar to the example
thereof contained in the Rangeland Management Plan that shall include information on the number
and type of all livestock proposed to be grazed upon the Premises during the forthcoming Grazing
Season. The Stocking and Work Program shall set forth the number of AUMs to be stocked on each
pasture, based on current forage conditions and the Grazing Capacity and the forthcoming Grazing
Season established by District , and shall specify all proposed management activities related to herd
health, pest control, infrastructure maintenance, and/or the development of range resources that may
be warranted for the conditions and circumstances on the Premises. The range management work
proposed by Tenant shall be in full conformance with the Rangeland Management Plan. Within
fifteen (15) working days of receipt of the Stocking and Work Program, District shall notify Tenant
in writing whether it is acceptable. If unacceptable, District shall state in its notice all changes to be
made to the Stocking and Work Program. Tenant shall incorporate all changes into the Stocking and
Work Program and resubmit it to District for approval.
8. USE OF PREMISES
(a) Tenant’s Permitted Use. Tenant may use the Premises for the uses specified in the
Rangeland Management Plan, and for no other purpose or use without the prior written
consent of District, the exercise of which shall be in its sole discretion. Livestock grazed on
the Premises must be either owned by the Tenant or grazed under the direct supervision of
Tenant.
(b) Land Management and Forage Utilization. Tenant shall distribute or rotate livestock
throughout the Premises as specified in the Rangeland Management Plan and Tenant’s
annual Stocking and Work Program approved by District. Tenant shall maintain optimum
distribution of livestock over the Premises by distributing or rotating livestock among the
pastures to obtain uniform range utilization, minimize overgrazed areas and reduce the
overall fire hazard. Tenant shall maintain in good condition and repair all cross-fences and
gates that define any pasture, and shall distribute salt blocks uniformly throughout the
Premises. Tenant shall maintain any developed livestock watering system in good condition
and repair. Tenant shall conduct grazing activities, and use the Premises in accordance with,
sound rangeland management practices, including, but not limited to, those standards and
practices set forth or referenced in the Rangeland Management Plan, and shall otherwise
conduct livestock grazing operations in a safe, responsible, professional and environmentally
protective manner.
(c) Grazing Within Premises. Tenant shall, at all times, prevent livestock from trespassing
onto lands owned or managed by District on which Tenant is not authorized to graze, into
areas within the Premises excluded from the authorized grazing areas, or upon any adjacent
third-party lands, whether private or public. Notwithstanding the foregoing, nothing in this
subsection (c) shall be construed to require Tenant to install additional fencing on the
Premises beyond that required elsewhere in this Lease or by the Rangeland Management
Plan.
(d) Supplemental Feeding. Subject to verbal authorization from the District’s Area
Superintendent or other authorized District representative, Tenant may provide supplemental
10
feed to maintain the health and vitality of permitted livestock. Tenant may not conduct
supplemental feeding on the Premises to prolong grazing use in areas where the forage levels
specified in the approved annual Stocking and Work Program have been reached or
exceeded. Any supplemental feed shall be certified to be free of non-native, invasive plant
materials, commonly known as “weed free” feed or forage.
(e) Health of Livestock. Tenant covenants and warrants that all livestock on the Premises shall
be in general good health and physical condition and that they have been inoculated with all
appropriate vaccinations according to good husbandry practice. Tenant will cull the grazing
herd of all diseased or otherwise unhealthy livestock in a prompt and responsible manner.
(f) Disposal of Livestock Carcasses. Tenant shall immediately notify District upon
discovering any dead livestock on or near the Premises. Tenant’s notification shall state the
proposed method and location for disposing of the dead livestock. Generally, the District
recommends that the carcass be moved to a location out of site of the public to allow the
carcass to naturally decompose. The proposed method and location shall be subject to
approval by District and may include permission to discharge firearms on the Premises in
furtherance of the disposal.
(g) Motorized Vehicles and Heavy Equipment. Tenant acknowledges that use of roads and
vehicle accessible trails and areas of the Premises, both during and immediately following
wet weather carries the potential for serious degradation of road and ground surfaces,
including but not limited to, rutting and erosion. Tenant shall refrain, to the maximum extent
feasible consistent with reasonable grazing practices, from using motorized vehicles on the
Premises during wet conditions. All motorized vehicle use by Tenant during wet conditions
is restricted to the use of balloon-tired, all-terrain vehicles. All motorized vehicles and
equipment used by Tenant on the Premises must be outfitted with appropriate spark arrestors
and mufflers. No heavy equipment, including, but not limited to bulldozers, backhoes,
excavators, or trenchers is allowed to cross or operate on the Premises without District’s
prior written consent. District may, in its sole discretion, close any or all roads, or
promulgate and enforce use restrictions on road use for resource management, erosion
control, law enforcement purposes, or other purposes necessary or appropriate for the sound
management of the Premises, by providing Tenant with prior written notice thereof.
(h) Weed and Pest Control. Except as set forth in Section 8(d) above, District will have the
right, but not the obligation, at its sole cost and expense, and in its sole discretion as to the
manner, time or extent of such efforts, for the control of noxious weeds and animal pests on
the Premises. Tenant shall fully cooperate with District in any programs designed to control
or eradicate weed and pest populations, including relocation of livestock if necessary.
District shall provide Tenant with at least 48 hours notice, verbal or written, prior to the
commencement of such control programs. Tenant shall not introduce any noxious vegetation
onto or about the Premises. In no event shall District be liable to Tenant for the presence or
introduction of noxious vegetation or animal pests on the Premises.
(i) Hazardous Substances. Tenant is absolutely prohibited from transporting, mixing,
generating, applying, storing, or disposing of herbicides, pesticides, rodenticides or any
hazardous substances, except for equipment and vehicle fuel and fueling operations typical
for use in grazing operations, upon the Premises without the prior express written consent of
District. Fuel will be kept in properly sealed containers, suitable for the substance, and all
fuel transfer operations will be conducted with sufficient care and diligence to prevent
contamination of or on the Premises.
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(j) Compliance with Law. Tenant will comply with all applicable laws, permits, statutes,
ordinances, rules, governmental orders, regulations, and requirements pertaining to the
occupancy and use of the Premises, including without limitation, District Land Use
Regulations. Tenant shall not use, nor permit others to use, the Premises for any unlawful or
prohibited purpose or purposes except as may otherwise be specifically authorized
hereunder.
9. ENTRY AND INSPECTION BY DISTRICT
Tenant agrees that District and its directors, officers, employees, agents and authorized
volunteers may enter the Premises at any time to inspect the Premises, or to make any changes,
alterations or repairs which District in its sole discretion considers appropriate for the protection,
improvement or preservation of the Premises, and to post any notice provided for by law or
otherwise to protect the rights of District. Nothing herein contained shall be construed to
obligate District to make any changes, alterations or repairs to the Premises.
10. MAINTENANCE OF IMPROVEMENTS
(a) Routine Maintenance. Except as otherwise specifically set forth herein, Tenant shall, in
return for approved rental credits, in a timely manner, maintain and repair all improvements
related to grazing use, whether existing at commencement of the Lease or newly constructed,
including roads, fences, gates, livestock guards, barns, buildings, structures, corrals, wells,
pumps and pressure systems, spring boxes, pipelines, ponds, and water troughs, without any
alterations or additions except as approved in writing by District. Tenant may maintain
improvements and appurtenances that need replacement at a minimal operational level
pending their replacement or reconstruction with prior written approval of District. Tenant
shall not be responsible for maintenance of the Premises during the Off-season(s).
(b) Emergency Road Repairs. Tenant may perform limited emergency repairs to any road that
is impassable for uses authorized hereunder. Tenant must make a reasonable, good faith
effort to notify District prior to commencing emergency work undertaken pursuant to this
section. “Emergency” for purposes of this section shall mean imminent danger to the health
or safety of humans, the natural resource values of the Premises, water bodies or structures,
or to livestock permitted on the Premises hereunder. All emergency work undertaken
pursuant to this section shall be performed, to the maximum extent feasible, in a manner
consistent with District road repair standards. No material may be permitted to enter
waterways. Tenant shall be responsible for remediation of any emergency road repair work,
as such may be ordered by District or by lawful regulatory authority, including proper
permitting, associated fees and charges and for any fines levied. Tenant shall not be entitled
to reimbursement or rent credit for any such emergency repairs.
11. ALTERATIONS
Tenant agrees to obtain and fully comply with all applicable permits, authorizations, laws,
ordinances, and regulations, and to obtain the prior written consent of District before making any
alterations of, changes in, or additions to the Premises. All alterations, additions and
improvements made in, to, or on the Premises, except unattached, movable fixtures, are the
property of the District and will remain upon, and be surrendered with, the Premises upon
termination of this Lease.
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12. DISTRICT RIGHT TO TERMINATION FOR BREACH OR DEFAULT
(a) District Right to Terminate for Default. District shall have the right to terminate this
Lease at any time upon default of this Lease by Tenant. In the event of such earlier
termination by District, Tenant shall be allowed thirty (30) days following the giving by
District of written notice of termination to Tenant in which to vacate the Premises. In the
event of such early termination, Tenant’s sole claim against District shall be to a pro-rata
refund of grazing rent actually paid in advance.
(b) Default. The occurrence of any of the following shall constitute a material default under and
breach of this Lease by Tenant:
1) Any failure by Tenant to pay the Rent or any other monetary sums required to be paid
hereunder (where such failure continues for three (3) business days after written notice to
quit or pay rent by District to Tenant).
2) The abandonment of the Premises by Tenant.
3) A failure by Tenant to observe and perform any other provision of this Lease to be
observed or performed by Tenant, where such failure continues for thirty (30) days after
written notice thereof by District to Tenant; provided, however, that if the nature of the
default is such that the same cannot reasonably be cured within said thirty (30) day period,
Tenant shall not be deemed to be in default if Tenant shall within such period commence
such cure and thereafter diligently prosecute the same to completion.
4) The making by Tenant of any general assignment or general arrangement for the benefit of
creditors; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt
or of a petition for reorganization or arrangement under any law relating to bankruptcy
(unless, in the case of a petition filed against Tenant, the same is dismissed within sixty
(60) days); the appointment of trustee or receiver to take possession of substantially all of
Tenant's assets located at the Premises or of Tenant's interest in this Lease, where
possession is not restored to Tenant within thirty (30) days; or, the attachment, execution or
other judicial seizure of substantially all of Tenant's assets located at the Premises or of
Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days.
Tenant agrees that in the event of the occurrence of any of the above-specified
circumstances, then this Lease, or any interest in or to the Premises, shall not become an
asset in any of such proceedings.
(c) Remedies. In the event of any material default or breach by Tenant, District may, at any time
thereafter, and without thereby limiting District in the exercise of any right or remedy, at law or
in equity, that District may have by reason of such default or breach:
1) Maintain this Lease in full force and effect and recover the Rent and other monetary
charges as they become due, without terminating Tenant's right to possession irrespective
of whether or not Tenant has abandoned the Premises. In the event District elects not to
terminate the Lease, District shall have the right to attempt to re-let the Premises at such
rent and upon such conditions and for such a term, and to do all acts necessary to maintain
or preserve the Premises as District deems reasonable and necessary without being deemed
to have elected to terminate the Lease, including removal of all persons and property from
the Premises. Such property may be removed and stored in a public warehouse or
elsewhere at the cost of and for the account of Tenant. In the event any such re-letting
occurs, this Lease shall terminate automatically upon the new Tenant taking possession of
the Premises, notwithstanding failure by District to elect to terminate the Lease initially.
13
District at any time during the Term of this Lease may elect to terminate this Lease by
virtue of such previous default of Tenant.
2) Terminate Tenant's right to possession by any lawful means, in which case this Lease shall
terminate and Tenant shall immediately surrender possession of the Premises to District. In
such event District shall be entitled to recover from Tenant all damages incurred by District
by reason of Tenant's default, including without limitation thereto, the following: (a) the
worth at the time of award of any unpaid Rent which has been earned at the time of such
termination; plus (b) the worth at the time of award of the amount by which the unpaid
Rent which would have been earned after termination until the time of award exceeds the
amount of such rental loss that is proved could have been reasonably avoided; plus (c) any
other amount necessary to compensate District for all the detriment proximately caused by
Tenant's failure to perform any obligations under this Lease or which in the ordinary course
of events would be likely to result therefrom; plus (d) at District's election, such other
amounts in addition to or in lieu of the foregoing as may be permitted from time to time by
applicable State law. Upon any such re-entry District shall have the right to make any
reasonable repairs, alterations or modifications to the Premises, which District, in its sole
discretion, deems reasonable and necessary. As used in (a) above, the "worth at the time of
award" is computed by allowing interest at the rate of ten percent (10%) per annum from
the date of default. As used in (b), the "worth at the time of award" is computed by
discounting such amount at the discount rate of the U.S. Federal Reserve Bank at the time
of award plus one percent (1%). The term "Rent," as used in this Section, shall be deemed
to be and to mean the Rent to be paid pursuant to Section 4 hereof and all other monetary
sums required to be paid by Tenant pursuant to the terms of this Lease.
(d) Cumulative Rights. All rights, options and remedies of District contained in this Lease,
including but not limited to the rights set out in Section 2(d) herein, shall be construed and held
to be cumulative, and no one of them shall be exclusive of the other, and District shall have the
right to pursue any one or all of such remedies and any other remedy or relief which may be
provided for by law or in equity, whether or not stated in this Lease. No waiver of any default
of Tenant hereunder shall be implied from any acceptance by District of any Rent or other
payments due hereunder or any omission by District to take any action on account of such
default if such default persists or is repeated, and no express waiver shall affect defaults other
than as specified in said waiver. The consent or approval of District to or of any act by Tenant
requiring District's consent or approval shall not be deemed to waive or render unnecessary
District's consent or approval to or of any subsequent similar acts by Tenant.
13. TENANT’S RIGHT TO TERMINATE
(a) If, after reviewing the average selling price of beef cattle for the month of June as set out in
Exhibit B, Tenant determines that the Rent for the subsequent lease year will not enable
Tenant to conduct an economically viable grazing operation, Tenant shall have the right to
terminate this Lease, effective at the Commencement Date of the next lease year, by
providing written notice to District at the address shown on the Summary on or before
August 15th of any lease year. In the event of such earlier termination by Tenant , Tenant
shall be allowed ninety (90) days following the receipt by District of written notice of
termination by Tenant in which to vacate the Premises in conformity with this Lease. In the
event of such early termination, Tenant’s sole claim against District shall be to a pro-rata
refund of any grazing rent actually paid in advance, if any such rent has been paid for the
next lease year.
14
14. SURRENDER OF PREMISES
Tenant agrees that upon termination of this Lease to promptly surrender the Premises and all
appurtenances to District in the same condition as when received, reasonable use, wear and tear,
damage by fire, acts of God or nature excepted, and to remove all of Tenant's livestock and personal
property from the Premises.
15. ASSIGNMENT AND SUBLETTING
Pursuant to the provisions of Civil Code §1995.230, this Lease is personal to Tenant and may not be
assigned, sublet or otherwise transferred by Tenant, in whole or in part, in any manner whatsoever
without first obtaining the express written consent of District which may approve or disapprove such
assignment, sublease or other transfer in its sole discretion based on its review and assessment of the
proposed transferee’s experience with grazing, especially on public lands, general business
experience and financial stability on a level comparable to that of Tenant, and proposed transferee’s
ability to competently and timely perform all aspects of the Rangeland Management Plan.
16. INDEMNIFICATION
Tenant agrees to indemnify, protect, defend, and hold District harmless from and against any and
all claims, losses, damages, demands, liabilities, suits, penalties, costs, expenses (including,
without limitation, attorneys' fees), causes of action, claims and/or judgments arising out of or
arising in connection with any injury or damage to any person or property including, without
limitation, District and its directors, officers, employees, agents volunteers, and guests from any
cause or causes whatsoever while in, upon or in any way connected with this Lease, the
Premises, or its appurtenances during the Term of the Lease.
17. INSURANCE
Tenant agrees to obtain, and keep in force during the term of the Lease, all at Tenant's own cost and
expense, a policy or policies of Commercial General Liability Insurance and Business Auto
Coverage insurance, each in an amount of not less than $1,000,000.00 aggregate and per occurrence
or accident for all covered losses. Such policy or policies shall name District as an additional
insured, and evidence of such endorsement, by a duly executed Certificate of Insurance (ACORD
25-S, or a successor or comparable form, subject to prior approval by District) shall be provided
District within ten (10) days of execution hereof and shall be updated thereafter as necessary. Each
of the policies must contain a provision that such policy will not be cancelled or materially changed
without thirty (30) days prior written notice to District. Tenant shall also comply with all applicable
statutory worker compensation requirements. Upon request by District, Tenant shall direct his
insurer or insurance agent to furnish District with a copy of any policy required by this Lease,
certified to be a true and complete copy of the original.
18. ABANDONMENT
Tenant shall be deemed to have abandoned the Premises if Tenant fails to pay any rental amount due
District at the times or in the manner provided, fails to observe and perform any of the other
covenants or conditions of this Lease, where such failure to observe or perform continues for a
period of fifteen (15) days after written notice by District to Tenant, or ceases active grazing use of
the Premises for a continuous period of sixty (60) days during a Grazing Season. In the event
Tenant is deemed to have abandoned the Premises, any prepaid Rent shall belong entirely to District
and shall not be refunded, in whole or in part, to Tenant.
15
19. WAIVER OF RELOCATION BENEFITS
Tenant specifically waives any and all rights to relocation benefits or assistance that might otherwise
be available to Tenant upon termination of this Lease (for any reason or under any circumstances)
including, but not limited to, those authorized under California Government Code §7260 et seq. or
otherwise.
20. UTILITIES
District shall have no responsibility or liability of any kind with respect to any utilities that may be
on or about the Premises. Tenant shall have the sole responsibility to locate such utilities and to
protect them from damage. Tenant shall make all arrangements directly with utility companies for
delivery, and shall timely pay for any and all utilities and services furnished to or used by Tenant,
including without limitation, gas, electric, water and telephone service for all deposits, connection,
installation and usage charges.
21. NO RIGHT TO REPAIR AND DEDUCT
No residential tenancy is created by or permitted hereunder, and Tenant expressly waives the benefit
of any existing, or subsequently enacted or set out, law, judicial or administrative decision, that
might otherwise permit Tenant to make repairs or replacements at District’s expense, or to terminate
this Lease because of District’s failure to keep the Premises, improvements, or any part thereof, in
good order, condition and repair, or to abate or reduce any of Tenant’s obligations hereunder on
account of the Premises or improvements or any part thereof being in need of repair or replacement
except as is specifically authorized pursuant to Section 4 (c) hereof. Without limiting the foregoing,
Tenant expressly waives the provisions of California Civil Code §1932 or any similar laws with
respect to the right of Tenant to terminate this Lease.
22. GENERAL PROVISIONS
(a) Amendments; Entire Agreement. Neither this Lease nor any term or provision hereof may
be changed, waived, amended, discharged or terminated except by a written instrument
signed by the Parties hereto or as otherwise permitted hereunder. This Lease, including the
Exhibits hereto, contains the entire agreement between the Parties and supersedes all prior
written or oral negotiations, discussions, understandings and agreements. The Parties further
intend that this Lease shall constitute the complete and exclusive statement of its terms and
that no extrinsic evidence whatsoever (including prior drafts of this Lease or the Rangeland
Management Plan and any changes therefrom) may be introduced in any judicial,
administrative or other legal proceedings involving this Lease. Tenant hereby acknowledges
that neither District, nor District’s directors, officers, employees or agents, have made any
representations or warranties with respect to the Premises or this Lease except as expressly
set forth herein, and no rights, easements or licenses are or shall be acquired by Tenant by
implication or otherwise unless expressly set forth herein.
(b) Severability. If any provision of this Lease or the application thereof to any person, entity
or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease,
or the application of such provision to persons, entities or circumstances other than those as
to which it is invalid or unenforceable, shall no be affected thereby, and each other provision
of this Lease shall be valid and enforceable to the fullest extent permitted by law.
(c) Time. Time is of the essence to every term and condition hereof to which time is a material
factor.
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(d) Governing Law and Venue. This Lease shall be construed pursuant to California law and
proper venue for all purposes shall be in the County of Santa Clara.
(e) Attorneys’ Fees; Costs of Suit. If legal action shall be brought by either of the parties, the
party prevailing in said action shall be entitled to recover from the party not prevailing the
costs of the suit and reasonable attorney's fees. For purposes of this Lease, reasonable fees
of attorneys employed by District shall be based on the fees regularly charged by private
attorneys with an equivalent number of years of experience in the subject matter area of the
law and actively practicing within the jurisdiction of District.
(f) Holding Over. Tenant specifically waives the provisions of Code of Civil Procedure
§1161(2). Any holding over after expiration of the Term with the express written consent of
District shall be construed to automatically extend the Term of this Lease only on a month-
to-month basis. All other terms, conditions and covenants of the Lease shall remain in effect
during the hold over period so far as applicable.
(g) Notices. Wherever this Lease provides for notices between the parties, or wherever the law
requires or gives the right of serving a notice, the same shall be in writing and either served
personally or sent by registered or certified mail, postage prepaid and addressed to the
appropriate party as shown in the Summary. District and Tenant may at any time, in the
manner provided herein, change the place or person designated for receiving notice.
IN WITNESS WHEREOF the parties hereto subscribe their names.
DISTRICT: TENANT:
Stephen E. Abbors, General Manager Vince Fontana
Date: Date:
Attest:
Michelle Radcliffe
District Clerk
Approved as to form:
_____________________________
Susan Schectman, General Counsel
17
EXHIBIT A
TO
GRAZING LEASE
Rangeland Management Plan
(under separate cover)
18
EXHIBIT B
TO
GRAZING LEASE
CALCULATION OF ANNUAL GRAZING RENT
The Lease Summary specifies the Rent to be paid by Tenant during the first lease year. For each
lease year thereafter, annual Rent shall be adjusted upward or downward based upon two factors:
1) The Grazing Capacity in AUMs authorized by District for the upcoming lease year.
2) An increase or decrease in the per AUM rental rate based upon whether the average
selling price of beef cattle is higher or lower than the average selling price for the
preceding year. The per AUM rental rate shall be adjusted upward or downward by
50% of the percentage change in beef cattle prices.
For the purpose of calculating the per AUM rental rate, the average selling price of beef cattle
shall be taken as the average selling price of Medium Frame No.1 Muscling Steers and Heifers,
500-800 lbs., as reported by the Cattle Marketing Information Service, Inc. (Cattle-Fax) for the
month of June prior to the start of the new lease year. In the event that the average sales price of
beef cattle is not obtainable in any year from Cattle-Fax as now constituted, then the average
sales price to be used in determining the rental rate shall be obtained from some other authentic
source to be selected by District as providing a comparable price for this purpose.
EXAMPLE:
Assume the Grazing Capacity authorized by the District for the first lease year is as
follows:
Lobitos Ridge &UC Elkus Uplands - 50 AUMs per month for an average 8 months = 400
AUMS
Total Grazing Capacity = 400 AUMS
Per AUM Rent adjusted = $13.89 - .49 = $13.40
Rent for first lease year = 400 AUM X $13.40 = $5,360
The total authorized AUMs for each upcoming lease year shall be established by the District on
the basis of the Grazing Capacity of the Premises as determined by District, and stocking levels
shall be computed by calculating the relative forage requirements of each of the kind or kinds of
livestock intended to be grazed on the Premises in any one grazing year, as expressed by the
following conversion factors:
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Type of Livestock Animal Unit Months (AUMs)
Adult Cow with Calf up to 6 months old 1.00
Heifer or Steer, 2 years & older (1,000 lbs. or more) 1.00
Yearling to 2-year-old (750 to 1,000 lbs.) 0.75
Weaned Calf to Short Yearling (up to 750 1bs.) 0.50
Bull 1.00
Horse 1.25
Sheep 0.20
Goats 0.20
Tenant shall use the Premises only for grazing the type of livestock permitted by District under
the terms of the Lease.
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EXHIBIT C
TO
GRAZING LEASE
Rental Credit Proposal
Date: Lessee:
Grazing Season:
Grazing Property (ex. Big Dipper):
Project Description:
Proposed Cost: (Labor & Equipment (including hourly rates)and Materials)
Proposed Date of Work:
R-10-125
Meeting 10-29
October 27, 2010
AGENDA ITEM 8
AGENDA ITEM
Award of Contract with Rutherford & Chekene to conduct a Structural Lateral Analysis and
Geotechnical Assessment of the Radar Tower at the former Almaden Air Force Station on Mount
Umunhum
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to enter into a professional services contract with Rutherford &
Chekene of San Francisco, CA in an amount not to exceed $35,000 with a contingency of $7,000
in support of the Mount Umunhum remediation project at Sierra Azul Open Space Preserve.
SUMMARY
Public input received at the Mount Umunhum Site Planning Public Meeting conducted on
September 30, 2010, indicates a strong public interest to retain the radar tower structure located
at the peak of the mountain. Many consider the structure, which is highly visible along the ridge
of the Santa Cruz Mountains, to be a landmark and of “iconic” value. However, many members
of the public also stated that they would not support retaining the structure should it be found to
be substantially more costly than demolishing the building. To determine the scope and cost to
retain the radar tower onsite, a lateral analysis of the structure and a geotechnical assessment of
the slope east of the radar tower needs to be conducted.
DISCUSSION
History
In 1986, the District acquired the former Almaden Air Force Station (Almaden AFS) and all of
its remaining facilities on Mount Umunhum and Mount Thayer (see Report 86-20) with the
intent to restore the area to a natural condition and provide public access. In December 2009, the
United States Congress appropriated $3.2 million for the cleanup of Mount Umunhum. These
funds are being used specifically for Phase 1 of the Mount Umunhum project, which includes
remediation, demolition and associated restoration. Phase 2 of the Site Planning project is
conducting the public planning and the California Environmental Quality Act and the National
Environmental Policy Act (CEQA/NEPA) review processes to develop the final site plan and
project description for Mount Umunhum. A separate contract was awarded by the Board on July
R-10-125 Page 2
14, 2010, to conduct the CEQA/NEPA process for the Phase 2 work (see Report 10-74). The
public planning process will inform the federally-funded Remediation Project with respect to
structure demolition and restoration requirements.
Structural and Geotechnical Requirements
District staff met with the Senior Structural Plan Checker and Deputy Fire Marshal from the
County of Santa Clara Planning and Development Department to determine what requirements
would apply should the radar tower be retained. The County communicated that if the building
is to be occupied or the interior utilized in any manner, the District should anticipate needing to
comply with the following requirements: structural lateral (seismic) analysis/upgrades;
accessibility (ADA) provisions; and fire-life-safety code requirements, including provision of
fire sprinklers, electrical, mechanical, and plumbing facilities. The site currently has none of the
required infrastructure to support the fire-life-safety upgrades, and it would be very costly to
have them installed.
Another approach could be to retain the radar tower and seal it up. The County indicated that
should the building be sealed in a manner that guaranteed it could not be entered or used in any
manner, fire-life-safety requirements would most likely not be required. The County expressed a
concern that a major seismic event could cause portions of the building to fail or fall, and
therefore indicated that the building would need to be fenced off to prevent potential harm to
pedestrians near the structure. If the District planned to allow people near the building, a lateral
(seismic) analysis would be required to determine how the building would perform in a future
major seismic event.
The proposed site design schemes presented at the public meeting would allow pedestrians to be
directly under the radar tower, and consider utilizing the exterior walls for interpretive purposes.
Fencing off the building would not only be unsightly, but would also restrict use of the building
exterior for interpretive signage and preclude visitors from accessing a great portion of the view
shed. Staff determined that the goal of the lateral analysis and geotechnical assessment should
be to determine if it is feasible to seal up the building while still allowing visitor access directly
adjacent to the structure.
Previous Structural and Geotechnical Reports
A radar tower summary structural report and a geotechnical slope stability assessment for the
slope east of the tower were prepared earlier this year under a contract with Northgate
Environmental. These reports served to inform early facility assessments and benchmark
budgeting. The summary structural report did not include the level of lateral analysis the County
requires. Neither report was based on recently acquired information regarding the probable
foundation design of the radar tower, which would likely have influenced the recommendations
within the reports. Since Northgate’s contract was not awarded through a competitive process,
the cost to procure additional consulting services under this contract would not be eligible for
reimbursement under the federal grant.
RFQP for Lateral Analysis and Geotechnical Assessment
Staff released a Request for Qualifications and Proposals (RFQP) for a Structural Lateral
Analysis of the radar tower on October 8, 2010 via direct e-mail, mailing, and posting on the
District website. The RFQP requires the structural engineer to employ the services of a
R-10-125 Page 3
geotechnical engineer to provide further assessment of the slope east of the radar tower. The
structural/geotechnical team will evaluate existing conditions and documents, meet with the
County to determine the required level of lateral analysis and geotechnical design parameters,
and complete calculations to determine what, if any, upgrades would be required. The deadline
for submission of proposals was October 20, 2010. A total of seven (7) proposals were received
as shown below:
Firm Location Cost Proposal
ZFA Structural Engineers Sacramento, CA $22,896
DCI San Diego, CA $37,000
Kitchell CM San Jose, CA $37,851
Rutherford & Chekene San Francisco, CA $39,830
Biggs Cardoza San Jose, CA $42,995
Northgate Environmental San Francisco, CA $53,056
Jakaby Engineering Campbell, CA $61,550
The proposals were carefully evaluated by staff to assess the qualifications of each proposal,
including the quality of the proposal, the implementation approach, and overall team expertise.
The three firms most qualified for this project were identified by staff. Hourly rates and other
consultant costs were then considered. Based on the criteria outlined in the RFQP, staff has
determined that Rutherford & Chekene has the superior expertise and experience to provide the
consulting services needed to determine whether structural and geotechnical upgrades are
required to retain the radar tower on site. In addition, the selected consultant will prepare
conceptual budgets outlining the scope and cost of the work that would need to be performed.
Rutherford & Chekene has significant experience completing lateral analyses on similar types of
cast-in-place concrete structures. The key principal engineer who will be involved with the
project, Bret Lizundia, is one of the authors of the FEMA 306 “Evaluation of Earthquake-
damaged Concrete and Masonry Wall Buildings” which will be utilized to evaluate the Radar
Tower structure. In addition, Rutherford & Chekene have put together an experienced
geotechnical and cost estimating team and developed a comprehensive and appropriate approach
to completing the work. Rutherford and Chekene have agreed to negotiate their fee to meet the
District’s $35,000 budget for this effort.
Pre-Qualification List
At the meeting of January 27, 2010 (see Report R-10-24), the Board amended the District’s
policy regarding selection of consultants for professional services to state that, once a consultant
has been determined to be qualified to perform the category of professional services sought via
the Request for Proposals (RFP) selection process, staff may maintain files of such qualified
consultants for a two-year period. During that period, such consultants may be retained without
repetition of the RFP process. Using the pre-qualification process for such consultants will result
in significant efficiency. Staff will always consider cost of service in the final decision to retain
a pre-qualified consultant.
Accordingly, the seven firms who submitted proposals were determined to be qualified and
competent to provide structural lateral analysis and geotechnical assessment, have been placed
on a pre-qualification list, and are eligible to be selected to provide the District with engineering
services for other projects.
R-10-125 Page 4
FISCAL IMPACT
Federal Appropriation
The District received a $3.2 million federal appropriation in Fiscal Year 2010-11. $1,304,771 of
these funds have been granted directly to the District for project management costs, professional
services, and demolition contracting associated with the Phase 1 Remediation and Demolition
project. The District will submit the $35,000 cost associated with the Lateral Analysis and
Geotechnical Assessment, and any contingency expended, for reimbursement under the federal
grant.
District Budget
At the Regular Board meeting of March 24, 2010, $180,000 was approved as part of the
FY2010-11 budget for at the remediation work at Mount Umunhum (see Report R-10-53) and
includes a portion of the $42,000 requested in this report. Staff will be recommending a Midyear
Budget Revision in December 2010 for an additional amount of $107,500 to carry the project
forward through the end of the fiscal year.
PUBLIC NOTICE
Notice has been provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
Retention of engineering consultants to conduct analyses and prepare budgets, does not
constitute a project under CEQA as it will not result in a direct or reasonably foreseeable indirect
physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. Any future action
taken by the Board of Directors to implement any projects recommended by the consultant will
be subject to CEQA review at that time.
NEXT STEPS
Upon Board authorization, the General Manager will execute a contract with Rutherford &
Chekene for $35,000 for professional engineering services and cost estimating services for the
Mount Umunhum Radar Tower Structural Lateral Analysis and Geotechnical Assessment. A
$7,000 contingency will be set aside to allow for any required additional structural or
geotechnical assessment, for a total authorization of $42,000. The lateral analysis is to be
completed prior to the December 9, 2010 public meeting, allowing staff to inform the public of
the requirements and cost for retaining and sealing the radar tower.
Prepared by:
Gina Coony, Project Manager
Contact person:
Same as above
R-10-112
Meeting 10-29
October 27, 2010
AGENDA ITEM 9
AGENDA ITEM
Authorization to Apply for a Land and Water Conservation Fund Grant for the El Corte de
Madera Creek Parking/Staging Area and Trails Project
GENERAL MANAGER’S RECOMMENDATION
Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District (District) approving the grant application for funds from the Land and Water
Conservation Fund for implementation of the El Corte de Madera Creek Parking/Staging Area
and Trails Project.
SUMMARY
El Corte de Madera Creek Open Space Preserve is the District’s third most popular Preserve.
The 2,817-acre Preserve offers 36 miles of multi-use trails open to hikers, bicyclists and
equestrians who, to date, are limited to parking along the Highway 35 frontage or at a Caltrans
vista point parking area. Over the last ten years, the District has been working to establish a
formal parking area and to improve the trail system at the Preserve. With construction plans
complete for a new parking area and plans underway for related trail improvements, the project
is currently eligible for a California State Parks grant. Staff is seeking authorization to apply for
the Land and Water Conservation Fund Program (LWCF) in the amounts of $65,000 to fund
implementation of the Phase 1 and 2 trails, trailhead signage, and restroom.
DISCUSSION
The final design for the El Corte de Madera Creek Parking/Staging Area and Trails Project
includes the construction of a new 65-vehicle, four-horse trailer parking and staging area, a 0.25-
mile connector trail, a 1.75-mile perimeter trail, a 0.2-mile trail realignment, and restoration of
0.7 miles of abandoned trail; installation of “No Parking” signs to remove approximately 40
roadside parking spaces on Skyline Boulevard; and relocation of an existing Skyline Boulevard
trail/pedestrian crossing. The project has been divided into four phases:
Phase 1 includes the parking and staging area and a 0.25-mile connector trail to the Gordon
Mill trailhead;
Phase 2 includes 0.75 miles of new trail to complete a portion of the “perimeter” trail;
R-10-112 Page 2
Phase 3 includes one mile of the remaining perimeter trail;
Phase 4 includes 0.2 miles of trail realignment and the restoration of 0.7 miles of abandoned
trail.
The trails portion of the project is being phased over four years to ensure that the Skyline Field
Crew retains the capacity to include this construction project into their larger multi-year work
plan.
Land and Water Conservation Fund (LWCF)
The LWCF program allocates approximately one million, seven hundred and fifty thousand
dollars ($1.75 million) per year to the California Department of Parks and Recreation (DPR) for
grants to acquire and develop outdoor recreation areas and facilities. Funds for the program are
derived from federal recreation fees, sales of federal surplus real property, the federal motorboat
fuels tax and the Outer Continental Shelf mineral receipts. Priority development projects include
trails, campgrounds, picnic areas, natural areas and cultural areas for recreational use. The grant
program requires a non-federal dollar-for-dollar match. Eligible match sources include local,
state, or private funds, or donated materials and services. The total cost of the Phase 1 and 2
trails, trailhead signage, and restroom is estimated at $130,000 and staff is requesting $65,000
through the LWCF Program.
If awarded, the grant would assist in funding the following specific actions at El Corte de
Madera Creek Open Space Preserve:
Phase 1: 0.25-mile connector trail and trailhead signage, infrastructure, and restroom
Phase 2: 0.75 miles of perimeter trail
FISCAL IMPACT
The LWCF Program is a reimbursement program and grantees initially finance all project costs.
Up to 50% of project costs are reimbursed at the time of project completion. The total cost for
the Phases 1 and 2 trails, trailhead signage, infrastructure, and restroom is estimated at $130,000.
If the grant is awarded in the amount of $65,000, additional funds will be needed ($65,000) to
construct these phases of the project. Matching funds, $65,000 in the case of the LWCF grant,
must be committed at the time of application. To offset the required commitment of District
funds, staff is working to secure additional grant funding. Last month, staff applied for state and
federal funds through the Recreational Trails Program and the Habitat Conservation Fund
Program. Staff will also seek funding through the Coastal Conservancy to supplement funds for
these and subsequent project phases.
PUBLIC NOTICE
Public notice of this Agenda Item was provided per the Brown Act. No additional notice is
required.
CEQA COMPLIANCE
For the LWCF, CEQA compliance is required at the time of application. Staff completed a
Mitigated Negative Declaration for the project, which the District’s Board of Directors adopted
R-10-112 Page 3
on February 10, 2010. A Notice of Determination was filed with the San Mateo County Clerk
Recorder on February 16, 2010.
NEXT STEPS
If the California Department of Parks and Recreation (DPR) recommends the project for funding,
the District will be notified by July of 2011. Staff will then work with the DPR to ensure that the
project meets all federal requirements. Project funding would then be available in 2012. If funds
are awarded, project implementation will be scheduled for summer 2012 to comply with grant
funding requirements (grant-funded work is allowed to commence only after grant funding is
made available). Staff will continue to pursue alternative funding sources and expects to apply
for an additional grant through the Coastal Conservancy to further offset the implementation cost
for the project.
Attachment
Resolution for the LWCF
Prepared by:
Gretchen Laustsen, Open Space Planner I
Contact person:
Same as above
R-10-116
Meeting 10-28
October 27, 2010
AGENDA ITEM 10
AGENDA ITEM
Approve the Legislative, Funding and Public Affairs Committee’s Recommendation to Establish
a Memorial Bench Fund and amend the Policy for Site Naming, Gift and Special Recognition
LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE
RECOMMENDATION
Approve the recommendation of the Legislative, Funding and Public Affairs Committee
(LFPAC) to Establish a Memorial Bench Fund and amend the Policy for Site Naming, Gift and
Special Recognition.
DISCUSSION
LFPAC unanimously decided at a meeting on April 26, 2010, to recommend to the full Board
that requestors of special recognition pay $5,000 into a Memorial Bench Fund for the cost of
constructing, installing, repairing and maintaining a memorial bench for twenty (20) years.
When the Board of Directors discussed this matter at its July 14, 2010 meeting, the Directors
raised several additional questions related to the policy and referred the policy back to LFPAC
for further discussion.
Below is a summary overview of what the policy says, which questions the Board asked LFPAC
to address and what LFPAC is recommending to the Board.
What the policy says:
LFPAC discusses all requests for special recognition, whether they are made by members of
the Board of Directors or by members of the public.
Requests for special recognition include bench memorials and the naming of bridges.
People who are eligible for special recognition are Founders, Significant Supporters, and
Volunteers.
LFPAC decides which of these requests will be referred to the full Board for a vote.
If a request is approved by the Board of Directors, the requestor(s) shall pay for the cost of
constructing, installing and maintaining a memorial bench.
R-10-116 Page 2
There are two standard bench designs used by the District (which were approved by the
Board on June 23, 2010).
Directors can at any point choose a bench design that differs from the standard designs.
If a memorial bench or other memorial facility is abandoned by a donor, the District reserves
the right to maintain, re-dedicate, or remove the memorial bench or other memorial facility at
its sole discretion.
The Board asked LFPAC to address the following questions:
Should the District restrict having plaques on benches?
The Memorial Bench Fund pays for the cost of a memorial bench for twenty (20) years, but
what happens after that time?
Who should pay for a bench which differs from the two standard bench designs? (The policy
currently allows Directors at any point to choose a bench design that differs from the
standard designs: “LFPAC can at any point bring designs to the Board that differ from the
District’s standard bench designs.”)
Should the term “memorial bench” be changed to “commemorative bench”?
What LFPAC recommends:
The following is an overview of the decisions LFPAC made at its July 30, 2010, meeting and
which the Board will find attached in a track changes version of the Policy for Site Naming, Gift
and Special Recognition (See Attachment A and Attachment B).
LFPAC decided to:
Re-submit the recommendations LFPAC made at the July 14, 2010 Board of Directors
meeting(Report R-10-80) to establish a Memorial Bench Fund that requires requestors of
special recognition to pay $5,000 for the cost of constructing, installing, repairing and
maintaining a memorial bench.
Clarify in the Policy for Site Naming, Gift and Special Recognition that $5,000 covers the
lifetime of the bench, not just twenty years (Note: District field staff verified this).
Delete the policy’s Section II. B. (below) because establishing a Memorial Bench Fund
would make that section obsolete:
Section II. B.
While recognition will generally not be solely based on financial contributions, gifts for
memorials will be accepted by the District if they have been approved under the guidelines
and process set out in Section III, below. Memorial benches will typically only be installed in
locations that have been previously approved. Typically, the donor will be asked to provide
funding to cover the costs of materials, installation, and staff time. Depending on the type of
memorial and its location, staff will also arrange for the donor to contribute to anticipated
maintenance expenses for a reasonable time period.
R-10-116 Page 3
Add language to the policy explaining that the District makes benches available for three
distinct purposes:
1. First, there are District rest benches.
a. These are benches that are installed so constituents have a place to take a break.
b. They must be one of the two District standard bench designs.
2. Second, there are Constituent memorial benches.
a. These are benches installed by the District in response to requests by members of the
public.
b. LFPAC considers requests for these benches and decides which requests will be
referred to the full Board for a vote.
c. They must be one of the two District standard bench designs.
d. They may have plaques that are limited in size to 2 inches x 6 inches.
e. They can only be installed in locations that have been pre-determined by the District
and approved by the Use and Management Plan Committee and, ultimately the full
Board of Directors.
3. Third, there are District memorial benches.
a. These are benches that are funded and installed by the District in response to requests
by members of the Board of Directors to honor deceased "Founders," "Significant
Supporters", and “Volunteers”.
b. LFPAC can initiate a bench request and refer a decision to the full Board or
individual Board members can initiate a bench request which will be referred to
LFPAC for discussion before it is referred to the full Board for a final decision.
c. There are no restrictions on the benches’ design or location and the District will pay
for their lifetime cost.
Change the word “may” in the last sentence of Section IV to “shall”.
Delete the Section called APPROVED MEMORIAL BENCH LOCATIONS which was to
list all approved bench locations. Keeping the list of locations as an internal District
document is more appropriate than having it be part of the policy. A list of locations will be
drafted by the Planning department at a rate of two preserves per year; District planners will
take into account the amount of public use when choosing preserves. The list will be
approved by the Use and Management Plan Committee and ultimately by the full Board of
Directors.
LFPAC appreciated Director Cyr’s suggestion that the District might look at installing swings on
its open space preserves in the future (See Attachment C). Director Cyr reported that the swings
were a popular amenity on Charleston, South Carolina open space lands and that the cost per
swing is between $600-800.
R-10-116 Page 4
FISCAL IMPACT
For any benches that are installed pursuant to this policy, the District will require a one-time
$5,000 endowment from requestors of special recognition to pay for the cost of maintaining a
memorial bench. Approval of this recommendation will ensure cost recovery for the memorial
bench program and will not result in any additional budget expenditures.
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. No additional notice is necessary.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
The Policy for Site Naming, Gift and Special Recognition will be amended and a list of
memorial bench locations will be drafted by the Planning department at a rate of two preserves
per year.
Attachments:
Site Naming Policy (clean version)
Site Naming Policy (with tracked changes)
Photo of Swing Bench
Prepared by:
Rudy Jurgensen, Public Affairs Manager
Contact person:
Same as above
ATTACHMENT A
Last Updated: 10/22/2010 Page 1
POLICY FOR SITE NAMING. GIFT AND SPECIAL RECOGNITION
Adopted by the Board of Directors
August 25, 1993
Amended September 14, 1994
Amended June 24, 1998
Amended September 12, 2001
Amended October 8, 2008
Amended January 13, 2010
I. SITE NAMING
All District site names and signs should be kept as simple and functional as possible.
When a property is acquired, either as an addition to an existing preserve or for the
establishment of a new preserve, a name will be recommended in the Preliminary Use
and Management Plan. In most cases, "open space preserve" is appropriate as part of
the name; however, there may be circumstances when another designation may be
used. In some cases, a temporary name may be retained until the next
Comprehensive Use and Management Plan review.
A. Open Space Preserves
The name given to each open space preserve should be general enough to remain
suitable if the site is enlarged, but specific enough to give its location some
significance. Properties added to an open space preserve may not always be
contiguous with that preserve.
1. Preserves shall be named after:
a) Geographical features of broad, general significance to the preserve;
b) Historical persons, cultural names, uses, or events broadly associated with
the locale.
2. Preserves shall not be named after any individuals other than historical
persons as noted above.
B. Preserve Areas, Trails, Site Improvements, Historic Sites and Unnamed Natural
Features
This designation refers to specific locations, land formations, trails, natural and
physical features, staging areas and other site improvements, and areas of
significance within open space preserves. Recognition of significant land gifts,
Last Updated: 10/22/2010 Page 2
including "bargain" purchases, will be negotiated at the time of the gift or bargain
purchase.
1. Preserve areas, trails, site improvements including benches and bridges,
historic sites and previously unnamed natural features shall ordinarily be
named after:
a) Geographical, botanical or zoological identification;
b) Historical persons, uses, or events associated with the site, or persons and
organizations listed in Section III: “Special Recognition”.
2. Preserve areas, trails, site improvements, historic sites and unnamed natural
features may in rare instances be named after a living individual who has
made an outstanding contribution to the District, subject to approval by the
Board of Directors.
II GIFT RECOGNITION
The purpose of the gift recognition policy is to provide an opportunity for the District
to recognize and commend individuals or groups that have made significant
contributions of cash, equipment, materials, goods or professional services toward the
enhancement of the District, its programs, and its facilities.
A. Unsolicited Cash Gifts:
Up to $25 Postcard of thanks
$26 to $499 Letter signed by General Manager
$500 to $1,999 Letter signed by President of the Board
$2,000 to $4,999 Letter signed by President of the Board and District gift
item (note cards, etc.)
$5,000 to $9,999 Letter signed by President of the Board and framed
photograph of favorite District preserve
$10,000 or more Letter signed by President of the Board and Resolution and
framed photograph of District preserve and mention in a
District publication*
*These items will be provided only if desired by the donor.
III SPECIAL RECOGNITION
The Legislative, Funding and Public Affairs Committee (LFPAC) shall be the
committee designated to discuss all requests that meet the criteria of the policy for
special recognition, made by members of the Board of Directors or by members of
the public, including bench memorials and the naming of bridges, and after
deliberation shall decide which requests will be referred to the full Board for a vote.
Last Updated: 10/22/2010 Page 3
The District places benches in its preserves for three distinct purposes:
A. District Rest Benches
These benches provide constituents with a place to rest. District staff places these
benches without involving a District committee or the full Board. Regular
benches must be either a backed or a backless standard bench as described in
Section V. below.
B. Constituent Memorial Benches
These are benches which have been requested by constituents in order to honor a
member of the public and are funded by the requestors who must pay $5,000 for
the lifetime cost of the bench. LFPAC discusses requests for these benches and
decides which requests will be referred to the full Board for a vote. Requestors
must be either a deceased significant supporter, or a volunteer, as defined in the
following sections.
a) Constituent memorial benches shall only be placed in locations that have been
pre-determined by the District and approved by the Use and Management Plan
committee and by the full Board of Directors.
b) If a request for special recognition is approved by the Board of Directors, the
requestor(s) shall pay for the cost of constructing, installing and maintaining a
memorial bench by contributing $5,000 to a Memorial Bench Fund to cover
the lifetime cost of the bench. The District will put this fund into an interest-
bearing account which will be used solely for memorial bench construction,
installation, repair, and maintenance.
c) Bench plaques will be 2 x 6 inches in size.
d) Benches must be one of the two District standard bench designs.
C. District Memorial Benches
These are benches which are installed by the District in response to requests by
members of the Board of Directors to honor deceased "Founders," "Significant
Supporters", and “Volunteers”.
a) LFPAC can initiate a bench request and refer a decision to the full Board or
individual Board members can initiate a bench request which will be referred
to LFPAC for discussion before it is referred to the full Board for a final
decision. Honorees must be deceased "Founders", "Significant Supporters",
and “Volunteers” (per policy Section III D below).
Last Updated: 10/22/2010 Page 4
b) For these benches there are no design specification limits or limits on their
location. The District will pay for the lifetime cost of the bench.
D. Deceased Founders, Significant Supporters, and Volunteers
"Founders", "Significant Supporters", and “Volunteers” are eligible for special
recognition, including memorials.
"Founders" shall be defined as an individual or group of individuals who
participated in the formation of the District, or were significant supporters of the
formation of the District.
"Significant Supporters" shall be defined as individuals or group of individuals
who have shown conspicuous or noteworthy support for the District through
extraordinary contributions of time and effort to the advancement of the goals,
philosophy and mission of the District.
“Volunteers” shall be defined as individuals or groups of individuals who donated
their time to the District by working for the District’s docent or volunteer
program.
IV RECOGNITION OF HISTORIC SITES
A. A recognition monument, normally in plaque form, may be considered by the
Board if it is in relation to a specific existing building or other remaining structure
of significant historic value. In such cases, the plaque will be affixed or in close
proximity to the structure itself. If there is no structure, then recognition may he
considered for inclusion on District informational materials or trail signage. Such
a site, in the absence of a building or structure, will ordinarily not be physically
marked except as determined by the Board on a case-by-case basis as part of the
Use and Management planning process for the corresponding open space
preserve.
Any Board-approved memorial names shall be included in site brochures, maps,
or other informational materials.
V STANDARD BENCH DESIGN SPECIFICATION
A. District Rest Benches and Constituent Memorial benches, described in III(A) and
(B) above, are limited to either of the two following standard bench designs:
Backed bench:
Dumor - Bench 88, recycled plastic slates (color: CEDAR), steel leg supports
(color: BLACK, IMBEDDED)
6’ or 8’ lengths
Last Updated: 10/22/2010 Page 5
Backless bench:
Dumor - Bench 103, recycled plastic slates (color: CEDAR), steel leg supports
(color: BLACK, IMBEDDED)
103-60PL 6' long, 3 supports
103-80PL 8' long, 3 supports
B LFPAC can at any point bring designs to the Board that differ from the District’s
standard bench designs.
ATTACHMENT B Formatted: Centered
Formatted: Font: 12 pt, Bold,
Complex Script Font: 12 pt
POLICY FOR SITE NAMING. GIFT AND SPECIAL RECOGNITION
Adopted by the Board of Directors
August 25, 1993
Amended September 14, 1994
Amended June 24, 1998
Amended September 12, 2001
Amended October 8, 2008
Amended January 13, 2010
1. SITE NAMING
All District site names and signs should be kept as simple and functional as possible.
When a property is acquired, either as an addition to an existing preserve or for the
establishment of a new preserve, a name will be recommended in the Preliminary Use
and Management Plan. In most cases, "open space preserve" is appropriate as part of the
name; however, there may be circumstances when another designation may be used. In
some cases, a temporary name may be retained until the next Comprehensive Use and
Management Plan review.
A. Open Space Preserves
The name given to each open space preserve should be general enough to remain
suitable if the site is enlarged, but specific enough to give its location some
significance. Properties added to an open space preserve may not always be
contiguous with that preserve.
1. Preserves shall be named after:
a) geographical features of broad, general significance to the
preserve;
b) historical persons, cultural names, uses, or events broadly
associated with the locale.
2. Preserves shall not be named after any individuals other than
historical persons as noted above.
B. Preserve Areas, Trails, Site Improvements, Historic Sites and Unnamed
Natural Features
This designation refers to specific locations, land formations, trails, natural and
physical features, staging areas and other site improvements, and areas of
significance within open space preserves. Recognition of significant land gifts,
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including "bargain" purchases, will be negotiated at the time of the gift or bargain
purchase.
1. Preserve areas, trails, site improvements including benches and bridges,
historic sites and previously unnamed natural features shall ordinarily be
named after:
a) geographical, botanical or zoological identification;
b) historical persons, uses, or events associated with the site, or
persons and organizations listed in Section III: “Special
Recognition”.
2. Preserve areas, trails, site improvements, historic sites and unnamed
natural features may in rare instances be named after a living
individual who has made an outstanding contribution to the District,
subject to approval by the Board of Directors.
II GIFT RECOGNITION
The purpose of the gift recognition policy is to provide an opportunity for the District to
recognize and commend individuals or groups that have made significant contributions of
cash, equipment, materials, goods or professional services toward the enhancement of the
District, its programs, and its facilities.
A. Unsolicited Cash Gifts:
$ 0 to $ 25 Postcard of thanks
$ 26 to $ 499 Letter signed by General Manager
$ 500 to $1,999 Letter signed by President of the Board
$2,000 to $4,999 Letter signed by President of the Board and
District gift item (note cards, etc.)
$5,000 to $9,999 Letter signed by President of the Board and
framed photograph of favorite District preserve
$10,000 or more Letter signed by President of the Board and
Resolution and framed photograph of District
preserve and *mention in a District publication
B.
* These items will be provided only if desired by the donor.
III. SPECIAL RECOGNITION
The Legislative, Funding and Public Affairs Committee (LFPAC) shall be the
committee designated to discuss all requests that meet the criteria of the policy for
special recognition, made by members of the Board of Directors or by members
Deleted: Gifts for Memorials (includes
cash, equipment, materials, goods or
professional services):¶
¶
While recognition will generally not be
solely based on financial contributions,
gifts for memorials will be accepted by
the District if they have been approved
under the guidelines and process set out
in Section III, below. Memorial benches
will typically only be installed in
locations that have been previously
approved. Typically, the donor will be
asked to provide funding to cover the
costs of materials, installation, and staff
time. Depending on the type of memorial
and its location, staff will also arrange for
the donor to contribute to anticipated
maintenance expenses for a reasonable
time period.
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of the public, including bench memorials and the naming of bridges, and after
deliberation shall decide which requests will be referred to the full Board for a
vote.
The District places benches in its preserves for three distinct purposes:
1. District rest benches
These benches provide constituents with a place to rest. District staff places
these benches without involving a District committee or the full Board.
Regular benches must be either a backed or a backless standard bench as
described in Section V. below.
2. Constituent memorial benches
These are benches which have been requested by constituents in order to
honor a member of the public and are funded by the requestors who must pay
$5,000 for the lifetime cost of the bench. LFPAC discusses requests for these
benches and decides which requests will be referred to the full Board for a
vote. Requestors must be either a deceased significant supporter, or a
volunteer, as defined in Section A. below.
o Constituent memorial benches shall only be placed in locations that have
been pre-determined by the District and approved by the Use &
Management Plan committee and by the full Board of Directors.
o If a request for special recognition is approved by the Board of Directors,
the requestor(s) shall pay for the cost of constructing, installing and
maintaining a memorial bench by contributing $5,000 to a Memorial
Bench Fund to cover the lifetime cost of the bench. The District will put
this fund into an interest-bearing account which will be used solely for
memorial bench construction, installation, repair, and maintenance.
o Bench plaques will be 2 x 6 inches in size;
o Benches must be one of the two District standard bench designs.
3. District memorial benches
These are benches which are installed by the District in response to requests by
members of the Board of Directors to honor deceased "Founders," "Significant
Supporters", and “Volunteers”.
o LFPAC can initiate a bench request and refer a decision to the full Board
or individual Board members can initiate a bench request which will be
referred to LFPAC for discussion before it is referred to the full Board for
a final decision. Honorees must be deceased "Founders" "Significant
Supporters", and “Volunteers” (per policy Section III A., below.).
o For these benches there are no design specification limits or limits on their
location. The District will pay for the lifetime cost of the bench.
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A. Deceased Founders, Significant Supporters, and Volunteers
"Founders" "Significant Supporters", and “Volunteers” are eligible for special
recognition, including memorials.
"Founders" shall be defined as an individual or group of individuals who
participated in the formation of the District, or were significant supporters of the
formation of the District.
"Significant Supporters" shall be defined as individuals or group of individuals
who have shown conspicuous or noteworthy support for the District through
extraordinary contributions of time and effort to the advancement of the goals,
philosophy and mission of the District.
“Volunteers” shall be defined as individuals or groups of individuals who donated
their time to the District by working for the District’s docent or volunteer
program.
IV. RECOGNITION OF HISTORIC SITES
A A recognition monument, normally in plaque form, may be considered by
the Board if it is in relation to a specific existing building or other remaining
structure of significant historic value. In such cases, the plaque will be affixed or
in close proximity to the structure itself. If there is no structure, then recognition
may he considered for inclusion on District informational materials or trail
signage. Such a site, in the absence of a building or structure, will ordinarily not
be physically marked except as determined by the Board on a case-by-case basis
as part of the Use and Management planning process for the corresponding open
space preserve.
Any Board-approved memorial names shall be included in site brochures, maps,
or other informational materials.
V. STANDARD BENCH DESIGN SPECIFICATION
A District Rest Benches and Constituent Memorial benches, described in III (1) &
(2) above, are limited to either of the two following standard bench designs:
Backed bench:
Dumor - Bench 88, recycled plastic slates (color: CEDAR), steel leg supports
(color: BLACK, IMBEDDED)
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Deleted: If a request for special
recognition under Section III (A) is
approved by the Board of Directors, the
requestor(s) shall pay for the cost of
constructing, installing and maintaining a
memorial bench. ¶
Deleted: If a memorial bench or other
memorial facility is abandoned by a
donor, the District reserves the right to
maintain, re-dedicate, or remove the
memorial bench or other memorial
facility at its sole discretion. As a
courtesy, donors would be notified of the
intent to re-dedicate or remove a
memorial and allowed a two-month grace
period to renew donor obligations
(including maintenance).¶
Deleted: may
Deleted: ¶
<#>APPROVED MEMORIAL BENCH
LOCATIONS¶
Deleted: The District uses the
following two standard bench designs
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6’ or 8’ lengths
Backless bench:
Dumor - Bench 103, recycled plastic slates (color: CEDAR), steel leg supports
(color: BLACK, IMBEDDED)
103-60PL 6' long, 3 supports
103-80PL 8' long, 3 supports
B LFPAC can at any point bring designs to the Board that differ from the District’s
standard bench designs.
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ATTACHMENT C
Photo taken by Director Jed Cyr at the Special Park Districts Forum in
Charleston, SC