The URL can be used to link to this page

Home My Public Portal About20071212 - Agenda Packet - Board of Directors (BOD) - 07-27Regional Open Space 11,1144' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 07-27 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:00 p.m. Wednesday, December 12, 2007 330 Distel Circle, Los Altos, California Please Note: 5:00 p.m. Special Meeting Closed Session Start Time 6:00 p.m. Special Meeting Study Session—Ecological Succession Policy Review 7:30 p.m. Regular Meeting of the Board of Directors of Midpeninsula Regional Open Space District AMENDED AGENDA* The Closed Session will begin at 5:00 p.m. At 6:00 p.m.,the Board will convene a public Special Meeting Study Session to review and consider an Ecological Succession Policy. At 7:30 p.m., the Board will convene the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Closed Session. 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION ROLL CALL CLOSED SESSION 1. Conference with Real Property Negotiator- California Government Code § 54956.8 Real Property- San Mateo County APNs 080-320-060, 080-340-010, 083-3 10-060, 300 Alpine Road, La Honda, CA Agency Negotiator-Mike Williams, Real Property Manager Negotiating Party- Walter Moore, Peninsula Open Space Trust Under Negotiation- Price and terms of real property transaction 2. Conference with Real Property Negotiator- California Government Code § 54956.8 Real Property- San Mateo County APN 080-330-080, 20000 Skyline Boulevard, Redwood City, CA Agency Negotiator- Mike Williams, Real Property Manager Negotiating Party- Barbara Bergman Under Negotiation - Price and terms of real property transaction REPORT ON RETURN FROM CLOSED SESSION(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.l(a)) 6:00 SPECIAL MEETING OF THE BOARD OE DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT STUDY SESSION ROLL CALL N4ecting07'27 Page K' Presentation ofo Draft Resource Management Policy: Ecological Succession 7:38 REGULAR MEETING OF THE BOARD OF DIRECTORS ORAL COMMnN/cATIONS—Pub|ic ADOPTION OF AGENmA—K.Nitz ADOPTION(}PCONSENT CALENmAR— K. Nitz WRITTEN COMMUNICATIONS BOARD BUSINESS 7:45* Authorization to Avvnvd Grazing Lease for the K9iA Dipper Grazing Unit at Skyline Ridge Open SpuccPruuen/e— M. Reeves 8:00*2 Response to the Midpeninsula Regional Open Space District's Peace Officers' Association MRP()&) und Reaffirm the Bumnd`a Policy Decision not io Arm the Ranger Staff-- D. Songuinetti A|0*3 Annual Meeting nf and Report to Shareholders o[Guadalupe Land Company aa Owners o[ Property Adjacent to the Mt. Unnunhurn Area nf Sierra&zu| Open Space Preserve(Santa Clara County Assessor's Parcel Numbers j75-||-O04, 575-|2-0O| and 575-|2-0|3)—C. Britton 8:25*4 Approve Mid-Year Amendments to the 2007-2008 Fiscal Year Budget; Accept the District Controller's Mid-Year Financial Report; Adopt Resolution Implementing an Amendment 1otile 2007-2008 Fiscal Year Budget in Accordance with tile Administration and Budget Committee Recommendation—C. Britton 8:40*5 Annual Dedication o[Certain District Lands and Dedication Status Report — S. Sommer 9:00*6 Authorization to Enter into Professional Services Agreement with \/oUmnur Consulting{o Survey and Prepare Recommendations for Management of Sensitive Aquatic Habitats at La Honda Creek Open Space Preserve and Determine that the Recommended Actions are categorically exempt from the California Environmental Quality Act(CB()A)— S. Cousins 7 Authorization to File Notices of Nonrenewal with tile City of Palo Alto and the Town of Los Gatos for Designated Midpeninsula Regional Open Space District Lands Currently Covered by Williamson Act Contracts—D. Sommer 8 Authorization to Amend Agreement with Go Native Nursery, LLC for an Additional $114,000 to Conduct Herbicide Application on District Lands—C. Roessler 9 Create Ad Hoc Committee for tile District's General Manager's Retirement Event and Appoint Board Members io the Committee—(). Sam nsv/xEnrcA//m* 9:45* INFORMATIONAL REPORTS—Reports oncompenouh|c meetings attended. Brief Reports nrunnounccmcnmconcerning activities o[District Directors and Suxf opportunity to refer public or Board questions to staff for factual information; request staff!o report back tothe Board on matter u,ofuture meeting; or direct staff to place u matter onu future agenda. 10:00* AoJVumNm|sNT Meeting 07-27 Page 3 Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. CERTIFICATION OF POSTING OF AGENDA 1, Gregory L. Sam, District Clerk for the Midpeninsula Regional Open Space District(MROSD), declare that the foregoing agenda for the December 12, 2007 Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on December 7, 2007 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 htt[)://www.oi)enspace.org. Signed this 7th day of December 2007 at Los Altos, California. Date: Time: Gregory L. Sam, District Clerk Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 07-27 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:00 p.m. Wednesday, December 12, 2007 330 Distel Circle, Los Altos, California Please Note: 5:00 p.m. Special Meeting Closed Session Start Time 6:00 p.m. Special Meeting Study Session—Ecological Succession Policy Review 7:30 p.m. Regular Meeting of the Board of Directors of Midpeninsula Regional Open Space District AGENDA* The Closed Session will begin at 5:00 p.m. At 6:00 p.m.,the Board will convene a public Special Meeting Study Session to review and consider an Ecological Succession Policy. At 7:30 p.m.,the Board will convene the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Closed Session. 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION ROLL CALL CLOSED SESSION 1. Conference with Real Property Negotiator-California Government Code§ 54956.8 Real Property- San Mateo County APNs 080-320-060, 080-340-010, 083-310-060, 300 Alpine Road, La Honda, CA Agency Negotiator-Mike Williams, Real Property Manager Negotiating Party- Walter Moore, Peninsula Open Space Trust Under Negotiation- Price and terms of real property transaction 2. Conference with Real Property Negotiator-California Government Code § 54956.8 Real Property- San Mateo County APN 080-330-080, 20000 Skyline Boulevard, Redwood City, CA Agency Negotiator-Mike Williams, Real Property Manager Negotiating Party- Barbara Bergman Under Negotiation- Price and terms of real property transaction REPORT ON RETURN FROM CLOSED SESSION(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.I(a)) 6:00 SPECIAL MEETING OF THE BOARD OE DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT STUDY SESSION ROLL CALL 1. Presentation of a Draft Resource Management Policy: Ecological Succession Meeting 07-27 Page 2 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—J. Cyr ADOPTION OF CONSENT CALENDAR—J. Cyr WRITTEN COMMUNICATIONS BOARD BUSINESS 7:45* 1 Authorization to Award Grazing Lease for the Big Dipper Grazing Unit at Skyline Ridge Open Space Preserve(M. Reeves) 8:00*2 Response to the Midpeninsula Regional Open Space District's Peace Officers' Association MRPOA)and Reaffirm the Board's Policy Decision not to Arm the Ranger Staff(D. Sanguinetti) 8:10*3 Annual Meeting of and Report to Shareholders of Guadalupe Land Company as Owners of Property Adjacent to the Mt. Umunhum Area of Sierra AZLII Open Space Preserve(Santa Clara County Assessor's Parcel Numbers 575-11-004, 575-12-001 and 575-12-013)—(C. Britton) 8:25*4 Approve Mid-Year Amendments to the 2007-2008 Fiscal Year Budget; Accept the District Controller's Mid-Year Financial Report; Adopt Resolution implementing an Amendment to the 2007-2008 Fiscal Year Budget in Accordance with the Administration and Budget Committee Recommendation (C. Britton) 8:40*5 Annual Dedication of Certain District Lands and Dedication Status Report(S. Sommer) 9:00*6 Authorization to Enter into a Professional Services Agreement with Vollmar Consulting to Survey and Prepare Recommendations for Management of Sensitive Aquatic Habitats at La Honda Creek Open Space Preserve and Determine that the Recommended Actions are categorically exempt from the California Environmental Quality Act(CEQA)—S. Cousins 7 Authorization to File Notices of Nonrenewal with the City of Palo Alto and the Town of Los Gatos for Designated Midpeninsula Regional Open Space District Lands Currently Covered by Williamson Act Contracts(S. Sommer) 8 Authorization to Amend Agreement with Go Native Nursery, LLC for an Additional $114,000 to Conduct Herbicide Application on District Lands (C. Roessler) 9 Create Ad Hoc Committee for the District's General Manager's Recruitment Event and Appoint Board Members to the Committee(G. Sam) REVISED CLAIMS 9:45* 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 matter at a future meeting;or direct staff to place a matter on a future agenda. 10:00* ADJOURNMENT Meeting 07-27 Page 3 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 b'v the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates,. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. CERTIFICATION OF POSTING OF AGENDA 1, Gregory L. Sam, District Clerk for the Midpeninsula Regional Open Space District(MROSD), declare that the foregoing agenda for the December 12, 2007 Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on December 7, 2007 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.Qpenspace.org. Signed this 7th day of December 2007 at Los Altos, California. Date: Time: 2 . Gregory L. Sa, D riot Clerk Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-130 Meeting 07-27 December 12, 2007 STUDY SESSION ITEM AGENDA ITEM Presentation of a New Resource Management Policy, Ec,610gical Succession GENERAL MANAGER'S RECOMMENDATION Review and Consider the Attached New Resource and ent Policy, Ecological Succession. BACKGROUND The Board of Directors prioritized the development of resource management policies during a workshop held on October 25, 2004. During this workshop, Ecological Succession was identified as a policy topic for consideration. Staff is proposing an Ecological Succession Policy to address the maintenance, restoration, or simulation of natural disturbance in priority habitats. The existing Resource Management Policies include some management goals, discussion and direction to maintain both the diversity of native plant and animal communities and of ecological processes. However, natural disturbance processes and plant community change due to ecological succession are not specifically addressed. In particular, the transition of grassland to coyote brush scrub in the absence of management or disturbance has been identified as an important resource management issue. Staff reviewed scientific literature focused on grassland management, plant community succession, and disturbance ecology. Additionally, staff reviewed other District policies and commitments (such as the Service Plan for the Coast Side Protection program) to ensure that the proposed policies remain consistent. The draft Ecological Succession Policy was reviewed by Dr. Grey Hayes, plant ecologist and Coastal Training Program Coordinator, Elkhorn Slough National Estuarine Research Reserve. The attached draft Ecological Succession Policy (Attachment 1) and study session are intended to inform the Board on the issues related to ecological succession and disturbance ecology, as well as incorporate the Board's direction into a complete draft Policy. DISCUSSION An important component of land management in a regional context is the maintenance of ecological diversity, function, and process on a landscape scale. For example, the District manages over 6,000 acres of grassland. Currently, more than 650 acres of this grassland contains a significant (5-10 percent of visible canopy cover) component of coyote brush. In the absence of management, such shrub encroachment will gradually result in the transition of grassland to shrubland, with the concurrent loss of grassland-associated native wildflowers, wildlife, and scenic values. Management which simulates natural or historic disturbance patterns in grasslands can ensure the long-term viability of this ecosystem. A critical first step for R-07-130 Page 2 management will be to inventory and assess District grasslands to identify priority areas for management. The draft Ecological Succession Policy identifies potential management needs and proposes draft policies to restore or simulate natural patterns of disturbance on select District lands. Such management will help ensure landscape-level diversity in plant and animal communities, protect populations of rare or unique plants, and maintain culturally significant habitat areas. CEQA COMPLIANCE The study session will not result in any action by the Board of Directors subject to CEQA compliance. Prepared by: Lisa Infante, Resource Specialist Kirk Lenington, Resource Planner 11 Contact Person Kirk Lenington, Resource Planner 11 R-07-130 Page 3 ECOLOGICAL SUCCESSION Ecological disturbance is Ecological succession is the sequential development of plant and animal the disruption of an communities following disturbance. In a land management context, this natural ecosystem's structure and process can be both positive and negative. For example, the natural recruitment function, generally with effects that last for time of coyote brush in grassland areas on District lands is reducing the extent of this periods,longer than a single already-limited habitat type and has serious impacts on native plants and seasonal growing cycle for wildlife. Regrowth of mixed evergreen forest in previously-logged areas is vegetation. Physical threatening to shade out rare chaparral species, and ponds and seasonal wetlands disturbances in our region are slowly filling in with sediment and converting to grassland. This policyincludefire, windstorm, drought,flood, and addresses such undesirable habitat type conversions that result from the process earthquake. Biogenic of ecological succession. disturbances include the impacts of herbivorous The directional nature of succession was once thought to result in a stable, insects, mammals, and stationary species composition (known as the "climax community") over time. pathogens. Anthropogenic disturbances include In reality, however, all natural systems are subject to disturbance and limited by logging, development, and seed availability and the process of succession may never reach completion. alien species introductions.Early-successional species have specific life history strategies which allow them to take advantage of disturbance. Furthermore, some species, such as knobcone pine, King's Mountain manzanita, and many grassland plants, are disturbance- dependent: they require disturbance to maintain habitat conditions suitable for reproduction and establishment. Both natural and human disturbance drive Currently, approximately species composition in natural habitats. Past disturbance regimes (either natural 650 acres of district land or historic and pre-historic land management) can be artificially re-created tocanbeclassifiedas transitional between maintain desired habitat types. More intensive management may also be grassland and coyote brush necessary as climate change causes large-scale shifts in plant community scrub. Approximately 5300 composition and distribution. acres are classified as grassland Goal: Use sustainable land management techniques such as grazing, prescribed fire, and select mechanical treatments to maintain, restore, or simulate natural disturbance in priority habitats. As Alpine Pond, Horseshoe Lake, and other District ponds fill with sediment, Policies and Implementation Measures open water habitat is rapidly transitioning to X.X Maintain or restore historic grassland areas that are threatened cattail marsh with little open water. Certain rare by shrub encroachment. amphibians as well as many 0 Identify priority grasslands for management, focusing on those with culturalcommonwildlife.species require open water for key significance and/or a substantial component of native species. portions of their life cycles. 0 Identify the most cost-effective, least environmentally damaging management technique for shrub removal, including livestock grazing, mechanical removal, and prescribed fire (REFER TO POLICIES?) 0 Prepare long-term plans for managed grassland areas to ensure that desired R-07-130 Page 4 conditions are maintained. Unique stands qfknobcone pine, afire-adapted species, X.X Preserve and enhance pond habitats. in southern Sierra Azul Open Space Preserve are 0 Inventory and assess ponds to identify opportunities for habitat maintenance and senescent due to the absence enhancement. offire. 0 Monitor sensitive reptile and amphibian populations on District lands. Preserve pond habitats through maintenance of artificial impoundment structures Nearly all stands of'the rare and/or sediment removal where ponds provide habitat for sensitive species. Kings Mountain manzanita on District lands are in danger of being shaded out X.X Facilitate the natural regeneration process in stands of by Douglas fir and other disturbance-dependent rare or unique plants.trees. No regeneration has been observed in these Re-introduce low-intensity wildfire in maritime chaparral and knobcone pine foreststands. stands where feasible. Develop and implement a management protocol to encourage seedling establishment within existing Kings Mountain manzanita stands. Regional Open Space 1,111101111!11,14111 6 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-135 Meeting 07-27 December 12, 2007 AGENDA ITEM I AGENDA ITEM Authorization to Award Grazing Lease for the Big Dipper Grazing Unit at Skyline Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATI ON A Approve the attached Resolution authorizing the General Manager to award a five-year grazing lease to Vince Fontana for the Big Dipper grazing unit on the terms and conditions set forth in the attached Grazing Lease. DISCUSSION At your meeting of October 24, 2007, the Board adopted an amendment to the Comprehensive Use and Management Plan for Skyline Ridge Open Space Preserve that incorporated a Grazing Management Plan for the former Big Dipper and Silva/Kenyon ranch properties (referred to here as the Big Dipper Grazing Unit). In addition, you authorized staff to implement the Grazing Plan by soliciting proposals from potential grazing tenants. A Request for Proposals and Qualifications (RFP) for a grazing tenant was announced on October 26th. The RFP was mailed to 21 prospective tenants from a list that had been compiled over the past year during the development of the Grazing Management Policy. Notices were also mailed to local partner agencies, including the San Mateo County Resource Conservation District,Natural Resources Conservation Service, San Mateo County and Santa Clara County Farm Bureaus, and the San Mateo County Agricultural Advisory Committee. Two prospective grazing tenants, Bob Meehan and Vince Fontana, attended a November 13"' pre-proposal site tour, and both of them submitted proposals by the November I 91h deadline. No other proposals were received. The RFP evaluation panel included staff from Operations, Planning, and Real Property Departments. The two proposals were evaluated on the basis of four primary criteria: 1) demonstrated experience in cattle operations and rangeland management, 2) ability to perform services and partner with the District in meeting land management objectives, 3) the applicant's proposed stocking plan and work program, and 4) the rent amount offered. Each of these criteria was assigned a maximum possible numerical score. Each evaluator separately scored the proposals; these scores were then tallied to determine the selected proposal. The evaluation process included phone interviews with references provided by each applicant, as well as field meetings to discuss each applicant's current grazing lease operations. Both applicants have the necessary qualifications to run a grazing operation consistent with the Grazing Plan and the District's resource management objectives. Both are local operators with R-07-135 Page 2 years of experience and familiarity with coastside ranching in San Mateo County. Consequently, the proposals scored closely overall. The proposal submitted by Vince Fontana received the highest scoring, and staff recommends the Board approve the award of the Grazing Lease to Mr. Fontana. LEASE TERMS AND CONDITIONS (refer to template Grazing Lease) The lease terms is for five (5) years, extendable for an additional five (5) years at the District's election on the terms and conditions set forth in the Grazing Lease. First year rent will be 2,000.00, with annual adjustments thereafter to reflect any adjustments in authorized grazing capacity as well as changes in the market price of beef cattle from year to year. Rent credit for performance of work by the tenant may be granted on a case-by-case basis for authorized improvements to the ranch infrastructure such as installation of new fencing or improvements to the cattle watering system. The tenant is responsible for routine maintenance of existing ranch infrastructure. The District is responsible for maintaining the interior ranch roads to a District standard. The grazing season for the Big Dipper grazing unit will typically run from February I"through June 301h* The length of the grazing season and the authorized grazing capacity may be modified at any time at the sole discretion of the District depending on changes in range conditions. The tenant is required to manage and operate the grazing unit according to the prescriptions and range management practices set forth in the Grazing Plan. CEQA COMPLIANCE The award of a grazing lease for the Big Dipper Grazing Unit was anticipated in the Board's previous action on October 24, 2007 adopting a Grazing Management Plan for the property and authorizing staff to solicit bids from potential tenants to implement the Grazing Plan. The Board's CEQA determination at that time therefore covers the award of a Grazing Lease, and no further CEQA action is required for the award being recommended in this Report. PUBLIC NOTIFICATION Copies of the Board Agenda and this Board Report have been mailed to the partner agencies listed in this Report. A copy of the Board Agenda was mailed toproperty owners of land located adjacent to or surrounding the Big Dipper grazing unit. Report prepared by: Michael Reeves, Real Property Specialist Map prepared by: Stella Cousins, Planner I Contact Person: Michael Reeves, Real Property Specialist Attachment: Exhibit A R-07-135 Page 3 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE AWARD OF A GRAZING LEASE TO VINCE FONTANA BIG DIPPER GRAZING UNIT) SKYLINE RIDGE OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 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 the lease of a portion of the former Big Dipper and Silva/Kenyon properties 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 Big Dipper Grazing Unit) to be in the public interest on the terms hereinafter set forth. Section Two. The Board of Directors does hereby approve the Grazing Lease between the Midpeninsula Regional Open Space District and Vince Fontana, a copy of which is attached hereto and by reference made a part hereof, and does hereby authorize the General Manager to execute said Grazing Lease on behalf of the District. The General Manager, with the concurrence of the General Counsel, is authorized to make minor changes to the Grazing Lease that do not materially amend the terms and conditions thereof. Section Three. The General Manager is authorized to grant an extension of the Grazing Lease on the terms and conditions set forth in the Grazing Lease. The General Manager shall report any such extension of the Grazing Lease to the Board of Directors at the Board meeting immediately following the granting of the extension. The General Manager or the General Manager's designee is further authorized to sign and approve all other documents necessary or appropriate to entering into the Grazing Lease. Exhibit A: Regional Location sa"San 93 Francisco v tot Bay San T ' -Francisco Oakland Bay San 84 San 4Carlos Mateoti County ,Redwo d, 1 191 Santa City Clara County Palo 1 . zao Alto 7 Woodside 82 I San lose 237 95 Mountain View r az Pacific s,""Cruz Ocean 35 Sunnyvale e4 Cupertino 180 San lose 85 C"j Skyline Ridge O.S.P. Former Big Dipper & as J, l Silva/Kenyon Ranches San Aeo Los ca y 17 Gatos r I 1A 17 o_N 0 1 2 3 4 5 Scale in Miles IL Midpeninsula Regional Open Space District preserves Major city,county,state&federal parks,open space preserves,and publicly-owned watershed BIG DIPPER GRAZING UNIT — SKYLINE RIDGE OPri.I SPACE PRESERVE f r 7 ' b ` ^!F "MJ per°,%.+I w• 4'. th.ty` `,{,,,M ' ' . J, k y fy O O` 1 1 o a91 y t INHOLDINc p AREA FIGURE 2: Existing Conditions and Infrastucture Grazing Unit 0 Gate/sheep gate Spring or Springbox o 395 Aso e1,580 Ranch Road o Trough (in use) X Pumphouse & Tank FEET N---N Fence 0 Trough (former) ns Permanent Road Block MIDPENINSULA REGIONAL OPEN SPACE DISTRICT GRAZING LEASE BIG DIPPER GRAZING UNIT SKYLINE RIDGE OPEN SPACE PRESERVE 1. GRAZING MANAGEMENT PLAN..................................................................................3 2. PREMISES...........................................................................................................................3 3. TERM....................................................................................................................................4 4. RENT....................................................................................................................................5 5. TAXES..................................................................................................................................6 6. ANNUAL GRAZING CAPACITY DETERMINATION................................................6 7. ANNUAL STOCKING AND WORK PROGRAM..........................................................8 8. USE OF PREMISES............................................................................................................9 9. ENTRY AND INSPECTION BY DISTRICT.................................................................11 10. MAINTENANCE OF IMPROVEMENTS..................................................................11 11. ALTERATIONS 11 i 12. TERMINATION FOR BREACH OR DEFAULT 11 I 13. SURRENDER OF PREMISES.....................................................................................13 14. ASSIGNMENT AND SUBLETTING..........................................................................13 15. INDEMNIFICATION ...................................................................................................13 16. INSUI2ANCE..................................................................................................................14 17. ABANDONMENT.........................................................................................................14 18. WAIVER OF RELOCATION BENEFITS.................................................................14 19. UTILITIES.....................................................................................................................14 20. NO RIGHT TO REPAIR AND DEDUCT...................................................................14 21. GENERAL PROVISIONS............................................................................................15 SUMMARY OF GRAZING LEASE TERMS This is a summary("Summary") of the principal terms and conditions of the Grazing Lease. Each item below shall be deemed to incorporate all of the terms and conditions set forth in the Grazing Lease pertaining to such item. In the event of any conflict between the information in this Summary and any more specific provision of the Grazing Lease, the more specific Grazing Lease provision shall control. Landlord: Midpeninsula Regional Open Space District Tenant:Vince Fontana Term: Five (5)year Initial Tenn commencing February 1, 2008, Grazing Season: February I"to June 3 01h First Year Grazing Capacity: 144 AUMs authorized (annual adjustments thereafter) Use: Cattle grazing and authorized adjunct activities. First Year Rent: 2,000.00 (annual adjustments thereafter) Rent Payment Dates: First Payment Date: February I"of each lease year Second Payment Date: District Contact Information: Tenant Contact Information: Primary Contact: Real Property Manager Primary Contact: Vince Fontana Tel: (650) 691-1200 Tel: (650) 726-2621 Alternate: Skyline Area Superintendent Alternate Contact: — Tel: (650) 949-1848 Tel: Notice Addresses of District: Notice Address of Tenant: Midpeninsula Regional Open Space District Vince Fontana Attn: Real Property Manager 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 2 GRAZING LEASE THIS GRAZING LEASE ("LEASE") IS MADE BY AND BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ("DISTRICT") AND THE UNDERSIGNED GRAZING TENANT("TENANT") UPON THE FOLLOWING TERMS AND CONDITIONS: 1. GRAZING MANAGEMENT PLAN District has prepared a grazing management plan for the Premises ("Grazing Plan"), incorporated herein by this reference as Exhibit A, and has provided Tenant with a copy of said Grazing 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 Grazing Plan, and as may be established and modified from time to time by District. The Grazing 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 Grazing 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 Grazing Plan (the "Premises"). b) Reserved Rights. Tenant's use of the Premises is subject to all existing easements, servitudes, leases and rights of way for ditches, levees, roads,public utilities,pipelines and any other purposes,whether of record or not,and including the right of District to authorize its directors, officers, employees, agents, and volunteers to use the Premises for District purposes. District reserves the right to use the Premises for all public open space purposes, including but not limited to natural resource restoration and management, natural resource monitoring, road grading, mowing, plowing, seeding, fertilizing, prescribed burning and performing any other appropriate or customary seasonal work. District further specifically reserves the right to make use of all roads and trails on the Premises for patrol,maintenance and such other uses as District may reasonably desire to make of such roads or trails. District also reserves the right to make the Premises open to the general public for low intensity open space recreation, subject to reasonable restrictions as determined by District,and including the right to construct trails,public trailhead facilities,and other facilities for such public use purposes. c) As Is Condition of Premises. District makes no warranties or representations to Tenant concerning the suitability of the Premises for grazing purposes. Tenant represents and warrants that Tenant has conducted a thorough and diligent inspection and investigation of the Premises and the suitability of the Premises for Tenant's intended use. Tenant is fully aware of the needs of its grazing operations and has determined, based solely on its own inspection, that the Premises are suitable for its operations and intended use. Tenant acknowledges,agrees to,and hereby accepts,the Premises in their present condition,"AS IS, 3 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; (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 and 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 obligation hereunder except as to those matters specifically identified as surviving such termination. 3. TERM a) Term. The Premises are leased for an initial five (5) year term ("Initial Term") beginning February 1, 2008 ("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 Grazing 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 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 Grazing Season"for all purposes of this Lease is that set forth in the Summary. 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. 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. Rent shall be adjusted each lease year thereafter Annual Adjustment of Rent") as set forth below. Rent shall be payable in two (2) equal installments(each,a"Payment Date")due as set forth in the Summary. Rent shall be paid on or before the 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 razed at the Grazing Capacity authorized for any lease year.g g p Y b) Annual Adjustment of Rent. Rent shall be adjusted upward or downward for each lease year depending upon the Grazing Capacity of 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"). 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. 2) District shall review such Tenant proposal and value estimate,and may elect, in its sole 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 5 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. 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 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 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 6 Grazing Capacity estimates. b) Procedure for Establishing Annual Grazing Capacity. The Grazing Capacity for the Premises for the first lease year is that set forth in the Summary. The procedure for establishing Grazing Capacity 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 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 December I" of each year, District shall notify Tenant in writing of the authorized Grazing Capacity 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 Grazing 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. At all times District shall be the sole judge as to the Grazing Capacity of the Premises and any pasture thereof. In determining the Grazing Capacity 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) Change in Grazing Capacity and/or Length of Grazing Season by Mutual Consent. During the course of any lease year, the authorized Grazing Capacity and length of the Grazing Season may be modified by mutual consent of District and Tenant. Under such mutual agreement,Rent for the Premises shall be revised upward or downward to reflect,pro rata, any change in authorized Grazing Capacity. In the event of an increase in authorized Grazing Capacity, Rent to cover such increase shall be due and payable upon the next installment payment due following execution of the modification; in the event of a decrease in authorized Grazing Capacity, the Rent covered by said decrease shall be credited against the next installment payment of Rent due from Tenant following execution of the modification. e) Emergency Reduction of Grazing Capacity. At any time and from time to time, District may reduce the authorized Grazing Capacity or impose a full or partial grazing moratorium in the District's discretion when such action is necessary or appropriate due to an emergency that poses a threat to the physical or environmental condition of the Premises. Written notice of any such reduction will be given by District to Tenant, who shall have ten (10) days in which to implement the reduction. In implementing such reduction, Tenant may either(i) reduce animal numbers,or(ii) feed weed-free hay of good quality at the equivalent of three 3)AUMs per ton fed. In the event Tenant desires to use option(ii),Tenant shall first obtain District's written approval. In giving such approval, District may require Tenant to concentrate all or part of the livestock into selected areas for feeding and control. In the event of such reduction, the Rent shall be adjusted pursuant to Section 4(b) hereof. f) 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. g) 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. 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 January 7th of each year, Tenant shall deliver to District a proposed Stocking and Work Program, in a form substantially similar to the example 8 thereof contained in the Grazing 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 established by District for the forthcoming Grazing Season, 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 Grazing 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 Grazing 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 Grazing 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 Grazing 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 Grazing Plan. d) Supplemental Feeding. Subject to verbal authorization from the District's Area Superintendent or other authorized District representative,Tenant may provide supplemental feed to maintain the health and vitality of permitted livestock. Tenant may not conduct supplemental feeding on the Premises to prolong grazing use in areas where the forage levels specified in the approved annual Stocking and Work Program have been reached or exceeded. Any supplemental feed shall be certified to be free of non-native, invasive plant materials, commonly known as "weed free" feed or forage. e) Health of Livestock. Tenant covenants and warrants that all livestock on the Premises shall be in general good health and physical condition and that they have been inoculated with all appropriate vaccinations according to good husbandry practice. Tenant will cull the grazing herd of all diseased or otherwise unhealthy livestock in a prompt and responsible manner. f) Disposal of Livestock Carcasses. Tenant shall remove from the Premises, or bury on the Premises in a manner and location satisfactory to District,any and all livestock that may die on the Premises. Tenant shall immediately notify District upon discovering any dead livestock on or near the Premises. Tenant's notification shall state the proposed method and location for disposing of the dead livestock. The proposed method and location shall be subject to approval by District and may include permission to discharge firearms on the Premises in furtherance of the disposal. g) Motorized Vehicles and Heavy Equipment. Tenant acknowledges that use of roads and vehicle accessible trails and areas of the Premises, both during and immediately following wet weather, carries the potential for serious degradation of road and ground surfaces, including but not limited to,rutting and erosion.Tenant shall refrain,to the maximum extent feasible consistent with reasonable grazing practices, from using motorized vehicles on the Premises during wet conditions. All motorized vehicle use by Tenant during wet conditions is restricted to the use of balloon-tired, all-terrain vehicles. All motorized vehicles and equipment used by Tenant on the Premises must be outfitted with appropriate spark arrestors and mufflers. No heavy equipment, including, but not limited to bulldozers, backhoes, excavators, or trenchers is allowed to cross or operate on the Premises without District's prior written consent. District may, in its sole discretion, close any or all roads, or promulgate and enforce use restrictions on road use for resource management, erosion control, law enforcement purposes,or other purposes necessary or appropriate for the sound management of the Premises, by providing Tenant with prior written notice thereof. h) Weed and Pest Control. Except as set forth in Section 8(d) above, District will have the right, but not the obligation, at its sole cost and expense, and in its sole discretion as to thegg 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. 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. 10 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, at Tenant's sole cost and expense, 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, 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,associate 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. 12. TERMINATION FOR BREACH OR DEFAULT a) District Right to Terminate for Default. District shall have the right to terminate this Lease at any time upon default of this Lease by Tenant. In the event of such earlier termination by District, Tenant shall be allowed thirty (30) days following the giving by District of written notice of termination to Tenant in which to vacate the Premises. In the event of such early termination, Tenant's sole claim against District shall be to a pro-rata refund of grazing rent actually paid in advance. b) Default. The occurrence of any of the following shall constitute a material default under and breach of this Lease by Tenant: I) Any failure by Tenant to pay the Rent or any other monetary sums required to be paid hereunder(where such failure continues for three(3)business days after written notice to quit or pay rent by District to Tenant). 2) The abandonment of the Premises by Tenant. 3) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by District to Tenant;provided, however,that if the nature of the default is such that the same cannot reasonably be cured within said thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. 4) The making by Tenant of any general assignment or general arrangement for the benefit of creditors;the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy(unless, in the case of a petition filed against Tenant,the same is dismissed within sixty(60)days); the appointment of trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within thirty (3 0) days; or, the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty(30)days. Tenant agrees that in the event of the occurrence of any of the above-specified circumstances, then this Lease, or any interest in or to the Premises, shall not become an asset in any of such proceedings. c) Remedies. In the event of any material default or breach by Tenant,District may,at any time thereafter,and without thereby limiting District in the exercise of any right or remedy,at law or in equity, that District may have by reason of such default or breach: I) Maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due,without terminating Tenant's right to possession irrespective of whether or not Tenant has abandoned the Premises. In the event District elects not to terminate the Lease, District shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term,and to do all acts necessary to maintain or preserve the Premises as District deems reasonable and necessary without being deemed to have elected to terminate the Lease,including removal of all persons and property from 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 ffiflure by District to elect to terminate the Lease initially. District at any time during the Tenn 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 12 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(I%). 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 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. 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. 14. 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 Grazing Plan. 15. 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, 13 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 14 I 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(e)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. 21. GENERAL PROVISIONS a) Amendments; Entire Agreement. Neither this Lease nor any term or provision hereof may be changed, waived, 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 Grazing 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. 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 i 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. Notices. Wherever this Lease provides for notices between the parties,or wherever the lawg) PP 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 15 i appropriate party as shown in the Summary. District and Tenant may at any time, in the II manner provided herein, change the place or person designated for receiving notice. IN WITNESS WHEREOF the parties hereto subscribe their names. DISTRICT:TENANT: Craig Britton, General Manager Date: Date: Attest: Gregory Sam District Clerk Approved as to form and procedure: Susan Schectman, General Counsel 16 EXHIBITS A Grazing Management Plan B Calculation of Annual Grazing Rent 17 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-108 Meeting 07-27 December 12, 2007 AGENDA ITEM 2 AGENDA ITEM Response to the Midpeninsula Regional Open Space District's Peace Officers' Association MRPOA) and Reaffirm the Board's Policy Decision not to A er Staff GENERAL MANAGER'S RECOMMENDATIO I. Direct staff to continue to work with MRPOA on issues, which were identified as being appropriate for an administrative-level response. 2. Accept and recognize progress on the policy matters that were previously decided upon by the Board (Items 1, 2, 3 & 6 as enumerated in this report.) 3. Reaffirm the Board's decision not to arm the ranger staff(see report R-99-22) and reinforce the Board's desire that staff should maintain a low-profile law enforcement approach (Items 5 and 6, as enumerated in this report). BACKGROUND The Midpeninsula Rangers Peace Officer Association (MRPOA) is an association of peace officer employees of the District who are also members of the Peace Officers Research Association of California (PORAC). In November 2005 three members of MRPOA met with the General Manager, the Assistant General Manager and the Operations Manager to share their concerns regarding Ranger safety. The meeting was very productive, with the Association members sharing specifics, acknowledging management for actions already taken to improve safety, and expressing additional ideas for the District to consider in the future. The members also requested an opportunity to express their ideas directly to the Board of Directors. The General Manager agreed to arrange for such a forum. Due to various scheduling issues for MRPOA members and the District, the May 10, 2006 meeting was the first opportunity for this Board presentation (see report R-06-12). After the meeting a summary of the issues raised was prepared and discussions held about the most effective method of responding to the concerns and issues raised. R-07'108 Page DISCUSSION During the presentation MB]P(]A members presented verbal and written mouteho]x. Many ofthe imyucn which were raised are most appropriately uddrsmyedo1uuadministrative |cvcL but some issues have policy implications, and require attention from the Bound. These MRpO& issues, and dzcncdon(s) based upon Board are listed below, 1. Enabling legislation and authority levels need to be clarified. Also there is u need to ncvicvv the source o[the rangers' authority to ensure that the correct code is being referenced. Action: District's \c o| counm| has on opinion m:qu at o b /\nrn y(n ru| to clarify the rangers' authority, since the IJe| Mar case has now been mcxo|voj. The opinion is expected this fiscal year. 2. The design of the District logo (patch) should be chanaed to modernize it and to better reflect the District's mission. Action: The Board has directed staff to re-design the logo patch. /\ consultant has been hired, and work iu underway onu new proposed design. 3. MRp(l/\ believes that extended response times for police/sheriffs (frequently 45nninutesto \ hour+)tbrcu1en staff safety. Action: Staff is working with the Santa Clara County Sheriff on m contract to provide additional armed patrol services, especially in the Sio,ro/\zu| area, and other preserves. The Sheriff im resolving wage rate issues, and the contract will shortly bcbrought tn the Board for approval upon resolution ofthe issues. 4. MRPOA believes that public perceptions are that rangers are armed and that rangers would be safer with firearms. 5. M8Rp()/\ believes that staff would be safer ifu rifle was available 10 dsu|with vicious animals or potential mountain lion attacks. 0. The radio system needs tobe improved especially in the Bear Creek area. FCC mandated changes need to be planned for and implemented. Action: Staff ix working with u radio consultant on u p|um for necessary radio improvements, extended covera cfor the coast side protection urcu, and for connp|iancevvithFederal Communications Commission legal requirements as approved by the Board. Mobile extenders are currently being tested. Prepared by: Gordon 0oil{ie, Management Analyst Contact Persons: David Souguine11i, Operations Manager L. Craig Britton, General Manager Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-137 Meeting 07- 27 December 12, 2007 AGENDA ITEM 3 AGENDA ITEM Annual Meeting of and Report to Shareholders of Guadalupe Land Co. as Owners of Property Adjacent to the Mt. Umunhurn Area of Sierra Azul Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 575-11-004, 575-12-001 and 575 12-013) GENERAL MANAGER'S RECOMMENDATION&,— DISTRICT ACTIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Authorize the President of the Board of Directors of the Midpeninsula Regional Open Space District, or other appropriate officer to sign the attached License and Management Agreement with Guadalupe Land Co. GUADALUPE LAND COMPANY BOARD CHAIRMAN'S RECOMMENDATIONS GUADALUPE LAND COMPANY ACTIONS 1. Accept the Annual Report and the Chief Financial Officer's Report to Shareholders of Guadalupe Land Company 2. Appoint the Directors of the Guadalupe Land Company as set out in this Report. 3. Approve the attached License and Management Agreement with the Midpeninsula Regional Open Space District, and authorize the Board Chairman to sign the Agreement on behalf of the Corporation. DISCUSSION (See attached map) At your meeting of December 15, 2004, you approved the purchase of the Guadalupe Land Company(GLC), a private corporation, which included its sole asset, a 286.61-acre property, as an addition to Sierra Azul Open Space Preserve (see Report R-04-134). Through this transaction, the District became the sole shareholder of GLC (acting through the District's Board of Directors). The Bylaws of GLC require an annual meeting of the shareholders and an annual report to the shareholders. The purpose of this agenda item is to satisfy these requirements and to obtain approval of the recommended actions by the GLC and by the District's Board of Directors. R-07- Page 2 In 2004, the following initial corporate actions were approved by the Board, as shareholders, and implemented: A. Amended and Restated Articles of Incorporation of GLC were filed with the California Secretary of State. B. Amended and Restated Bylaws of GLC were adopted. C. Directors and Officers of GLC were appointed as follows: i. President and Chairman of the Board: District General Manager, L. Craig Britton ii. Secretary: District Assistant General Manager, Sally Thielfoldt iii. Chief Financial Officer: District Controller, Mike Foster D. Frank Rimerman was appointed to serve as GLC accountant for preparation of corporate tax returns and filings. E. Commercial General Liability Insurance and Directors and Officers Insurance were obtained through the District's CaIJPIA coverage. F. Sally Thielfoldt was appointed as the Agent for Service of Process. As part of the District's 2005/2006 Budget, $64,625 was approved as a separate category for opening a GLC bank account for the operation of the Corporation. The bank account was opened with an initial deposit of$44,156, approximately $20,000 less than budgeted because staff was able to secure the necessary insurance through the District's Joint Powers Insurance. The Tax Collector's Office of the County of Santa Clara cancelled property taxes on the property effective January 5, 2005, the date of the District's purchase of GLC, providing an additional substantial savings of approximately $35,000 annually. At your meeting of December 13, 2006, anticipated expenses for the GLC in 2007 were $7,025 see Report R-06-146). The actual expenses for 2007 were $5,637.41 (see Attachment A). The ending GLC bank balance of$19,222.41 for 2007 should be sufficient to continue to operate the Corporation through 2008 before additional funds will be needed to continue the operation. Annual expenses for 2006 and 2007 were reduced by $1,500 because the corporate tax returns and other filings were prepared by the GLC Chief Financial Officer, Mike Foster, instead of Frank Rimerman. In 2007, GLC incurred $612.41 in legal expenses to help review a potential conservation easement to ensure that the property is protected as open space in the future. It is estimated that the expenses for 2008 will be $17,525 (see Attachment B). The increase of expenses for 2008 is primarily due to the hiring of an MAI appraiser and preparation of a fair market value appraisal of the property necessary for the possible conveyance of an open space easement to another conservation entity such as Santa Clara County Parks or Peninsula Open Space Trust, and in"after-value" appraisal of the property with the open space easement in place. It is anticipated that the appraisal will be completed in January 2008. Staff expects to present a plan to the GLC Shareholders early next year to consider conveyance of such an open space easement. R-07- Page 3 Appointment of Directors and Agent for Service of Process The day-to-day business of GLC is administered by three Directors. Directors of the GLC should be appointed at the annual meeting of the shareholders. Due to the resignation of Sally Rice as a Director and Officer of GLC, the GLC Director and Chairman Craig Britton recommends that the Board appoint the following Directors: Craig Britton, Mike Foster, and Greg Sam. The GLC Bylaws authorize the Directors to appoint the GLC Officers. The Directors remaining after the resignation of Sally Rice have appointed the following Officers: Chairman of the Board: Craig Britton Chief Financial Officer: Mike Foster Secretary and Agent for Service of Process: Greg Sam License and Management Agreement As part of the original transaction, the Midpeninsula Regional Open Space District entered into a License and Management Agreement with GLC to manage the property as part of Sierra Azul Open Space Preserve, and to enforce the District's rules and regulations. The License Agreement also enabled the District to obtain the necessary corporate insurance through the District's CaIJPIA coverage. At your meeting of December 14, 2005, the License Agreement was renewed for two additional years, expiring January 5, 2008. Therefore, it is recommended that the License Agreement be renewed by the District and GLC for an additional five (5) years, expiring January 5, 2013. The License Agreement requires GLC to pay an annual management fee of$4,200 for patrol and management of the property. Staff regularly patrols the 286.61-acre property from its deeded access easement through adjacent private property at the end of Reynolds Road. USE AND MANAGEMENT The Preliminary Use and Management Plan adopted at your meeting of December 15, 2004 remains in effect and unchanged. The Plan states the property will be closed to public use and will be routinely patrolled. CEQA COMPLIANCE Project Description The project consists of renewing a License and Management Agreement between the District and GLC, a private corporation that is owned by the District and whose sole asset is comprised of a 286.61-acre property. The property has been licensed and managed by the District since GLC was acquired by the District and there are no proposed changes in the conditions of the new License and Management Agreement. The land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301, 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: R-07- Page 4 Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The property will be operated and maintained in a natural condition and there will be no expansion of use; the property will be closed to the public except for the limited public use permitted in the License. The actions proposed in the License and Management Agreement are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. Prepared by: Michael C. Williams, Real Property Manager Contact Person: Same as above Attachment A:2007 Expenses to Date Attachment B:2008 Anticipated Expenses Guadalupe Land Co.-2007 Expenses to Date Attachment A IJanuary Beginning Bank Balance 24,859,82 Date Check No. Expenses Description Bank Balance 5/2/2007 1009 25.00 CA Secretary of State 24,834.82 9/7/2007 1010 800.00 Corporate Taxes 24,034.82 9/5/2007 1011 4,200.00 MROSD-Management Fees 19,834.82 9/15/2007 1012 612.41 Coblentz, Patch, Duffy& Bass LLP, Legal Services 19,222.41 Total Expenses to date: 5,637.41 Ending Bank Balance 11/27/2007 19,222.41 The Guadalupe Land Co. has no liabilities,and its assets are the cash account listed above and the real property in unincorporated Santa Clara County commonly known as the Guadalupe Land Co. property. I certify that this financial statement was prepared from the books and records of the Corporation. Michael L. Foster, Chief Financial Officer Date: i Attachment B Guadalupe Land Company- 2008 Anticipated Expenses 2008 1.1anuary 1,2008 Beginning Bank Balance 19,222.41 Est.Expenses Description Bank Balances 4200.00 Management Fees 15,022.41 800.00 Corporate Taxes 14,222.41 25.00 CA Filing Fee 14,197 41 10000.00 Appraisal Fee 4,197 41 2500.00 Legal Services 1,69741 17.525.00 jEnding Bank Balance 12/31/2008 1,697.41 Michael L. Foster, Chief Financial Officer Date: J" d7hi I nGuadalupeCompany PropertyLandComayp 1 Guadalupe land Company ,7 286.61 Acres AlmadE {( t Park IP Access Easement J t a i nfd rL ail Ar a G 1`r q.wrns-4V f..+:t 1.pr lib COT n CwWyv_lab CarryuM Aq nf m0 01 }Ui 0 I]•u 50 e Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LICENSE AND MANAGEMENT AGREEMENT THIS LICENSE AND MANAGEMENT AGREEMENT ("License"), dated for reference purposes only as of December 12, 2007, is by and between the GUADALUPE LAND CO., a California corporation ("GLC), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code ("District"). RECITALS A. GLC is the owner of a certain parcel of real property ("Property"), located within the unincorporated area of the County of Santa Clara, State of California and is more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference. B. The Property is adjacent to District land. GLC desires that District manage the Property for the benefit of GLC. In return for such services, District will receive the benefit of the ability to use the Property for purposes consistent with its mission. C. GLC is willing to license the Property to District, and District desires to license the Property from GLC, upon the terms and conditions set forth below. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GLC and District (collectively, the "Parties") hereby agree as follows: 1. License. For and in consideration of the mutual covenants and agreements by the Parties contained in this License, GLC does hereby license to District, and District does hereby license from GLC, all of the Property. 2. License Tenn. District shall license the Property for a term of five (5) years commencing on the Effective Date hereof and ending five (5) years from the Effective Date (the "License Term"). As used herein, the term "Effective Date" shall be January 5, 2008. GLC may terminate this License upon thirty (30) days prior written notice to the District. 3. Consideration. GLC shall pay District an annual management fee ("Fee") in an amount of Four Thousand and Two Hundred Dollars ($4,200.00) per year. GLC and District agree that this amount is fair and reasonable in view of District's performance of its covenants and agreements contained herein (including, without limitation, those regarding indemnification, maintenance and operation of the Property.) 4. GLC's Representations. Warranties and Covenants. GLC represents, warrants and covenants as follows: 2 4.1. Organization. GLC is duly organized and validly existing under the laws of the State of California. I I 4.2. Requisite Action. All requisite corporate action has been taken by GLC in connection with GLC's execution of this License, and has been taken or will be taken in connection with the agreements, instruments or other documents to be executed by GLC pursuant to this License. i 4.3. Title. To GLC's knowledge, GLC owns fee simple title to the Property. 5. Management.ment. During the term of this License and any extension thereof, District agrees to manage the Property for the purpose of open ace reservation as part of the ecological,P Y p p p P pg recreational and scenic resources of the mid-peninsula area. District shall be solely responsible for management of the Property during the License Term. District may install gates and appropriate signing and fencing as District determines is necessary and appropriate, and may undertake such other steps as District deems necessary or appropriate for the proper and safe management of the Property. 6. Patrol. District will patrol and manage the Property in a manner consistent with adjacent District holdings to ensure that the Property is kept in a safe and sanitary condition and that Should an trespass ordeleteriousorincompatibleusesofthePropertyarediscouraged. y pppY other unauthorized use or activity occur upon the Property, District may exercise its authority to correct these matters including, where necessary, enforcing District regulations and ordinances on the Property. The Property shall be deemed to be property under the control and management of District for purposes of Public Resource Code Section 5558 and shall be deemed to be "District Lands" as defined in District Ordinance No. 04-1. 7. Use. District shall have the right to use and operate the Property for open space andpPg recreational purposes including, but not limited to environmental education, occasional special events, docent-led hikes, and to plan, design and construct low intensity recreational trails for limited public use. 8. Legal Responsibility and Indemnification. 8.1 District. During the License Term, District shall assume full legal responsibility for the management, control and operation of the Property, the conditions thereof and for all activities conducted by District thereon.— Except as otherwise agreed herein, District shall directors employees and a entsarmlessfromanddefendGLCanditsofficers, gholdGLCh against, any and all claims or liabilities for injury or damage to any persons of property howsoever occurring during the life of this License in, on, or about the Property arising out of any condition of the Property or of any act, neglect, fault or omission by the District with respect to District responsibilities as set out in this License. 8.2 GLC. GLC agrees to indemnify, defend and hold harmless District and its agents, officers, officials, and employees against any and all claims or liabilities for injury or damage to persons or property arising out of or resulting from the negligent acts or fault of GLC, or its i 3 employees,agents, toY ees, officers, or servants, in connection with the Property.g p 8.3 Joint Responsibility. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. 8.4 Insurance. During the License Term, the District shall maintain in full force and effect a comprehensive general liability insurance policy applicable to the Property and the District's activities under this License with limits of liability of at least Two Million Dollars 2,000,000) aggregate combined single limit for bodily injury and property damage liability; and One Million Dollars ($1,000,000) combined single limit per occurrence. The District may satisfy the obligations set out in this Section by participation in a government self-insurance risk pool authorized under state law, including but not limited to the California Joint Powers Insurance Authority ("CJPIA"). District shall cause the CJPIA or other applicable self-insurance risk pool to issue Evidence of Coverage naming GLC as a Protected Party under the CJPIA Memorandum of Coverage effective January 5, 2006. 9. Compliance with Laws. District shall comply with any and all federal, state, and local laws, statutes, codes, ordinances, regulations, rules, orders, permits, licenses, approvals and I requirements applicable to the use and occupancy of the Property b y District and District shall not commit and shall not knowingly permit others to commit waste upon the Property. i 10. Surrender of Property. Except as otherwise provided in this License, and subject to acts of God, upon the expiration or earlier termination of the License Term, to the maximum extent the same is reasonably within the control of District, District shall surrender the Property in substantially the same condition as it was in upon the Effective Date, except for any changes to such condition made or caused to be made by GLC or any of GLC's agents, lenders, contractors, engineers, consultants, employees, subcontractors, licensees, invitees and representatives. 11. Maintenance and Utilities. During the License Term, District shall not use the Property for any purpose except as expressly provided in this License. District shall be solely responsible for the cost of providing any utilities or other services necessary for District's use and occupancy of the Property and District shall promptly pay and/or discharge any liens that may be recorded against the Property or District's License interest therein resulting from any work performed or materials ordered by or on behalf of District. During the License Term, District shall maintain and repair the Property in such manner as reasonably necessary to preserve its existing character; provided, however, that District shall not be obligated to make any material capital improvements to the Property. 12. Assignment. District may not assign this License to any other party without the prior written consent of GLC, which consent shall not be unreasonably withheld or delayed with respect to an assignment to a party that expressly assumes in writing all of District's obligations and liabilities hereunder. In the event of an assignment, District shall remain liable for the payment of all fees and the performance of all of District's obligations under this License, except if and to the extent such obligations are released in writing by GLC. 4 13. Miscellaneous Provisions. 13.1 Invalidity. If any term or provision of this License or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this License, or the application of such term or provision to persons whose circumstances other than those as to which it is held invalid or unenforceable, shall not be affected. 13.2 Successors and Assigns. Subject to the limitations set forth above, the terms, conditions and covenants of this License shall be binding upon and shall inure to the benefit of each of the Parties, their heirs, personal representatives, successors or assigns, and shall run with the land. 13.3 Writing. No waivers, amendments, alterations or modifications of this License, or any agreements in connection with this License, shall be valid unless in writing and duly executed by both GLC and District or their respective successors-in-interest. 13.4 Construction. The captions appearing in this License are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs of this License or in any way affect this License. Any gender used shall be deemed to refer to any other gender more grammatically applicable to the party to whom such use of gender relates. The use of singular shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular. 13.5 Notices. Any notice, demand, or request required hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) personal service; (b) telephonic facsimile transmission; (c) nationally recognized overnight commercial mail service; or (d) registered or certified, first class U.S. mail, return receipt requested. If intended for District, addressed as follows: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If intended for GLC, addressed as follows: Guadalupe Land Company 330 Distel Circle Los Altos, CA 94022 Attn: President TEL: (650) 691-1200 FAX: (650) 691-0485 Such addresses may be changed by notice to the other party given in the same manner as above provided. Any notice, demand or request sent pursuant to either clause (a) or(b), 5 above, shall be deemed received upon such personal service or upon dispatch by electronic means (provided, however, that a dispatch by facsimile transmission that occurs on any day other than a business day or after 5:00 p.m. Pacific time shall not be deemed received until 9:00 a.m. Pacific time on the next business day). Any notice, demand, or request sent pursuant to clause (c), above, shall be deemed received on the business day immediately following deposit with the commercial mail service and, if sent pursuant to clause (d), above, shall be deemed received forty-eight (48) hours following deposit in the U.S. mail. 13.6 Authority to Sign. The parties executing this License on behalf of GLC and District represent that they have authority and power to sign this License on behalf of GLC and District, respectively. 13.7 Conflict of Laws. This License shall be governed by and construed pursuant to the laws of the State of California. 13.8 Attorneys' Fees. If either party should bring suit or seek arbitration under this License, because of the breach of any provision of this License, then all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action or arbitration and shall be enforceable whether or not the action is prosecuted to judgment. 13.9 Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of GLC or District to insist upon the performance by District or GLC in accordance with said terms. 13.10 Time. Time is of the essence with respect to the performance of every provision of this License in which time of performance is a factor. 13.11 Prior Agreements. This License contains all of the agreements of the Parties with respect to any matter covered or mentioned in this License, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 13.12 Applicable Law•, Severabjlijt . As used herein the term "all Applicable Laws" shall mean and refer to all state, federal and local ordinances, statutes and laws. Any provision of this License that shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provisions hereof, and all other provisions shall remain in full force and effect. 6 GLC AND DISTRICT, by their execution below, indicate their consent to the terms of this License and Management Agreement. For GLC: GUADALUPE LAND COMPANY, a California corporation By: L. Craig Britton, President Date: For DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code APPROVED AS TO FORM: By: Susan M. Schectman, General Counsel APPROVED AND ACCEPTED: By: Kenneth C. Nitz, President, Board of Directors Date: ATTEST: By: Greg Sam, District Clerk Date: Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-133 Meeting 07-27 December 12, 2007 AGENDA ITEM 4 AGENDA ITEM Approve Mid-Year Amendments to the 2007-2008 Fiscal Year Budget ADMINISTRATIVE AND BUDGET COMMITTEE RECOMMENDATIONS I Accept the District Controller's Mid-Year Financial Report. 2. Approve the attached Resolution implementing an amendment to the 2007-2008 Fiscal Year Budget in accordance with the Committee recommendation. DISCUSSION The 2007-2008 Fiscal Year Budget was approved at your March 28, 2007 meeting(see report R- 07-53). As assigned, the Administration and Budget Committee (ABC) met on November 27 and December 3, 2007 to review annual mid-year budget adjustment proposals and to discuss the following: 1. Controller's report on the mid-year budget income and expenditures for fiscal year 2007- 2008. 2. Fiscal year 2006-2007 year-end summary of actual versus projected expenditures. 3. Fiscal year 2007-2008 budget analysis and proposed mid-year adjustments. 4. Review of the operating budget with mid-year adjustments in light of the 7% guideline. 5. Consideration of additional budget guideline proposals. Controller Mike Foster's status report indicates that mid-year spending levels are on track as compared to prior years. Tax receipts for San Mateo County are up 6.5% from the prior year, due to continued growth in assessed valuations. The Controller's detailed report is attached Attachment A). It was agreed that any anticipated changes to revenue would be included in the mid-year analysis beginning this year. When reviewing the 2006-2007 year-end summary of actual versus projected expenditures, it was agreed to include not only the mid-year budget as a comparison with actual expenditures, but to also add the adopted budget as a comparison with the actual expenditures for the year. It was also recommended to create an overall percentage of actual versus projected for just salaries and benefits and services and supplies to see how well the District is doing with the budgeting process for future Committee review. This process is recommended for all future mid-year review by the ABC. At the meeting, staff recommended adjustments to specific budget categories based on current spending, progress to date on major projects, unanticipated changes in planned activities, new project requirements, and previous Board-approved changes. Overall, the mid-year changes will result in a reduction of$728,728 to the approved District 2007-2008 budget of$51,762,944. This savings will be credited to the New Land Purchase account. Show below is a summary of the net savings or increases to each department: 07/08 07/08 07/08 07/08 Net Proposed Mid-Year Mid-Year Mid-Year Savings/Increase Dept. Budget Increases Decreases Budget Real Property $38,458,358 $47,302 $205,000 $38,300,660 -($157,698) Planning_ 2,570,540 $119,705 $536,315 $2,153,930 ($416,610). Public Affairs $1,113,687 $147,755 $108,325 $1,153,117 $39,430 Administration $2,046,563 1 $176,200 $137,700 1 $2,085,063 -_$38,500 Operations 7,573,796 $244,250 $476,600 $7,341,446 ($232,350) Total 51,762,944 $735,212 $1,463,940 $51,034,216 ($728,728) The following paragraphs enumerate the changes in each department over $5,000: Real Property Decreases include: 1) $30,000 in salary savings; 2) $16,500 in PERS savings; 3) $14,000 in savings in surveys; and 4) $140,000 savings in Land Expenditures (delay in Tunitas Creek Ranch Barn repair, transfer of$40,000 to Planning for coastal legal fees, reduction in demolition for Fletcher property, transfer of$40,000 to Public Affairs from New Land). As far as increases, the main increase was to use the $30,000 salary savings to ftind the current contingent employee plus an additional $8,638 for the Department Manager meritorious pay and vacation cash out. Planning Decreases include: 1) $31,900 in salary savings; 2) $6,375 in PERS savings; 3) $15,750 in medical insurance savings; 4) $77,340 in contract services savings (Master Plan savings, reduction in permitting fees, Hicks Flat remediation moved to CIP Program, and a reduction in the El Corte de Madera Creek monitoring program); 5) $10,500 savings in maps and aerials; 6) 15,000 moved to structures and improvements; and 7) $376,800 savings in structures and improvements (decrease in Folger House improvements, delay in remodel for Skyline Field Office and Administrative Office, decrease in parking area projects, delay in Giant Salamander construction, reduction in Thornewood expenses, and decrease in the Shilling Lake Restoration). Increases were as follows: 1) $6,300 for 2004-2005 PERS audit adjustment; 2) $50,000 for legal fees contract services ($40,000 from Real Property); 3) $12,855 for AutoCAD software, GIS upgrade for multiple users, and 3 replacement computer systems; and 4) $45,000 for Dyer garage asbestos abatement, resource management, and unanticipated CIP programs. Public Affairs Decreases include: 1) $70,000 in savings in salaries; 2) $9,000 savings in PERS; 3) $7,000 savings in medical insurance; and 4) $6,500 savings in contract services. Increases were as follows: 1) $40,000 increase in salaries ($40,000 offset from salary savings); 2) $61,500 increase in contract services (Mt. Umunhum lobbyist, media training, and 5yr. Volunteer plan); 3) $20,000 increase for postage for newsletter mailing to San Mateo County; and 4) $20,000 increase for production of newsletter to San Mateo County households with District boundaries regarding a future ballot measure to increase the sales tax rate for park and open space purposes. Administration Decreases include: 1) $73,500 in salary savings; 2) $8,000 in PERS savings; 3) $8,000 in medical insurance savings; 4) $7,500 reduction in personnel development; 5) $10,000 reduction in outside maintenance services as no further roof repairs are required; and 6) $25,000 reduction in office equipment expenses delaying carpeting the Administrative Office pending the remodel. Increases were as follows: 1) $31,280 increase in Board appointee compensation (revised salaries meritorious a vacation cash out for retiring general manager); 2) $63,550 increase inpay, g retirement (general manager conversion of sick leave to Retirement Health Savings Plan upon retirement and PERS audit adjustment for 2004/2005); 3) $47,500 increase in contract services IT computer consultant salary survey, GASB 45 consultant, additional legalal fees, additional 4 13 30 0 General Liability insurancerecruitmentconsultantfeesanddatabasedevelopment); $ , Y retroactive payment; 5) $5,300 increase in computer expenses; and $7,000 increase in office supplies/equipment to provide ergonomic workstations for new employees. Operations Decreases include: 1) $21,000 in salary savings; 2) $10,000 in PERS savings; 3) $101,000 savings in contract services (delay in Santa Clara County Sheriffs Contract, delay in Murrelet surveys, legal services, and delay in maintenance database development); 4) $28,000 reduction in rents and leases (no permits for tree farm); 5) $8,500 in personnel development as there will be no further ranger academy attendees this year; 6) $25,000 reduction in field supplies moved to equipment for drill seeder; 7) $250,000 reduction in equipment as the radio systems will not be purchased over a number of years, but as a total unit; and 8) $17,800 reduction due to delayed equipment tractor purchase. Increases were as follows: 1) $23,000 in salaries for longevity pay and increased intern time; 2) $27,450 increase in PERS for audit adjustment in 2004/2005; 3) 27,000 for Worker's Compensation insurance retroactive payment; 4) $9,000 in contract services for special species status surveys; 5) $40,000 for General Liability insurance retroactive payment; 6) $43,700 for outside maintenance services (Los Trancos trail work, Alpine Road work, replacement of Fremont Older septic tank, and herbicide contractor for Russian Ridge Harding Grass); 7) $6,200 in structures and improvements for the Skyline modular building monies offset from rents and leases as well as outside maintenance); 8) $25,000 in equipment for drill seeder; and 9) $28,900 for outfitting of District vehicles ( monies offset from equipment accounts). i Prior to the mid-year budget analysis, the Board-approved allocation of funds from the New Land Purchases account. At the May 23, 2007 meeting (R-07-67), the Board allocated $90,144 for the payment of General Liability and Workers Compensation program insurance retroactive deposits. When receiving the invoice from California Joint Powers Insurance Authority, the total retroactive payment was actually $87,389. At the August 9, 2006 meeting (R-06-86), the Board allocated $50,000 for contracting with the Washington D. C. lobbyist firm, The Ferguson Group, to move ahead with the process of obtaining government funds for the clean up of Mt.Umunhum. Of this $50,000 allocation, only $40,000 will be debited from the New Land Purchase account. When adopting the 2007-2008 Budget, the Operating Budget was $311,359 over the adjusted 7% guideline. The 2007-2008 mid-year budget adjustments will raise the Operating Budget to 327,275 over the adjusted 7% guideline for a total increase of$15,916 (Attachment Q. At the same time, anticipated expenses are now lower than the adjusted 7% guideline at $11,717,605, which is a$263,681 reduction in expenses from the adopted 2007-2008 Budget. Given the anticipated expenses are still lower than the adjusted 7% guideline, the Committee agreed that the Operating expense overage is not a high risk at this time. Using the revised revenue numbers from the District Controller, the anticipated ratio of full Operating actual expenses to tax revenues is reduced from 57.8% to 54.6%, a reduction of 3.2%. The Committee also considered proposals for additional Budget guidelines to monitor District revenues and expenses to assure that the Board is striving to provide the maximum amount of revenue for future land purchases (through borrowing). After much discussion the Committee recommended that as a part of the upcoming budget process for 2008-2009, the following guidelines should be defined and submitted to the full Board for its consideration and approval: 1. To continue to use the adjusted 7% budget growth guideline. 2. To continue to monitor the ratio of actual Operating expenses to tax revenues, which has remained below 50%. It was noted that this ratio will continue to rise, and that over the next 10 years it will most likely exceed 60%. Therefore a guideline for this ratio should be established for future budgets. 3. To add a coverage ratio guideline wherein the District would track the ability to borrow additional funds, which would ensure that an additional $2 million would be available per year for future debt service. Prepared by: Elaina Cuzick, Management Analyst Contact persons: Curt Riffle, Director Mary Davey, Director Pete Siemens, Director L. Craig Britton, General Manager Attachment: Controller's Mid-Year Financial Report RESOLUTION NO. 07- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2007-2008 The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: WHEREAS, District staff conducts a review of expenditures at mid year; and WHEREAS, based on current spending, progress to date on major projects, unanticipated changes in planned activities and previous Board approved changes; it is desirable to amend the existing budget; and WHEREAS, the Administration and Budget Committee recommends adoption of the amended budget. NOW, THEREFORE, be it resolved as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt the attached amended budget (Exhibit A) for 2007-2008, which amends Resolution No. 07-10 accordingly. Section Two. The budget for the Midpeninsula Regional Open Space District for fiscal year 2007-2008 is amended as set forth in Exhibit A, a copy of which is attached hereto and made a part hereof by reference. Section Three. Monies are hereby appropriated in accordance with said budget. Midpeninsula Regional Open Space District Exhibit 2007/2008 Budget Summary Adopted Amended Mid Year Budget Amount Budget 1. Revenues A. Tax Revenues 23,714,000 936,000 24,650,000 B. Grant Income 3,921,000 2,043,000) 1,878,000 C. Interest Income 1,600,000 400,000 2,000,000 D. Property Management-Rental Income 846,000 0 846,000 E. Other Income 250,000 0 250,000 TOTAL REVENUES 30,331,000 707,000) 29,624,000 0 I1. Change in Reserves 21,431,944) 21,728 21,410,216) II1. Expenditures A. Debt Service 1. Interest 5,566,476 0 5,566,476 2. Principal 1,851,613 0 1,851,613 Debt Service Subtotal 7,418,089 0 7,418,089 B. Salaries I. Board Appointees 376,833 15,596 392,429 2. Board Appointee Meritorious Awards 0 15,684 15,684 3. General Manager Appointees 6,108,388 124,762) 5,983,626 i Salaries Subtotal 6,485,221 93,482) 6,391,739 C. Benefits 2,549,049 54,668 2,603,717 D. Director's Fees 25,000 0 25,000 Salaries and Benefits Subtotal 9,059,270 38,814) 9,020,4.56 oPage1 f2 M~dpen^nsuUa Regional Open Space O~strict Exhibit 2007/2008 Budget Summary Adopted Amended Mid Year Budget Amount Budget B. Services and Supplies i Legal Services 97,500 54,000 151,500 2. Regular Outside Services 176,863 1,400 178263 J. Contract Services 993,330 84,840) 908,490 4. Election Expense O O O S. Library and Subscriptions 10.700 700 11.400 6. Management Agreements 50.000 0 50.000 7. Rents and Leases 132`550 31.000) 101,550 8. Od|idey 159.850 000) 159.050 9 9oo/a u 47,235 20,38O 67,535 O.Printing and Duplicating 41.200 2,950) 38,250 11.|nxummco 116.100 50.096 173.096 12.&dvcnisiug 8,700 5250 13.950 13.Maps and Aerials 20,350 10.500)9.850 l4.Private Vehicle 13,400 3.500) 10.400 5.District Vehicle 295.500 O 395,500 0.Business Meeting 13.758 1,600) 12,150 7.Personnel Development 127,617 17,950) 109.667 10.Maintenance/Repair ofEquipment 31.600 O 31.600 9.Computer Expenses 60.890 22.505 83,395 JO.Office Supplies/Small Equipment 32,100 9.400 41,500 Z|.Field Supplies/Small Equipment 200.300 26.900) 173.400 22.Outside Maintenance Services 517.800 32,500 550.300 23.Pcnnits. Fee, Property Taxes 42,900 700 43.600 24.Miscellaneous 880 iOO 900 Z5.Communications- Publications 100`150 19,375 119.525 26.Communications-Special Projects 12.550 2,500) 10.050 27.Volunteer Program 34^150 O 34.150 Services and Supplies Subtotal 3,338,385 40,606 3,379^071 F. Fixed Assets New&Prior Land Purchases 30.000.000 40.000) 29.960,000 Z. Real Property Support Costs- Appraisals,Title, Legal, Engineering 300.000 115,000) 185.000 3. Guadalupe Land Company O 0 0 4, Structures and Improvements 854.200 325,600) 533,000 5. Field/Office Equipment 450.000 267.880) 182,200 h Vehicles 338.00O 7`0OO 55.8O0 Fixed Assets Subtotal 31,947,200 730,680) 31,216,600 TOTAL EXPENDITURES 58,762 44 7207 0) 3,27 Page 2cf 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM NOVEMBER 27, 2007 To: Board of Directors FROM:M. Foster, Controller SUBJECT: Mid-Year Financial Review CONTROLLER'S REPORT Attached are unaudited financial statements for the six months ended September 30, 2007. Exhibit A contains the District's September 30 balance sheet compared to our audited position on March 31. Our cash balance is up by $2.4 million as the District made only $30,000 of payments for new land during this period. No acquisition-related grant income was received. No new debt was issued during the period. Exhibit B shows our six-month revenues compared to the same period a year ago and to the twelve month budget. Tax receipts are up about 6.5% from the prior year, due to continued growth in assessed valuations. Because the budget assumed only a 3.2% increase, tax revenue for the full fiscal year will likely exceed budget by some $900,000. The only grant receipt of the period was $116,000 for the Picchetti Ranch seismic upgrade. Interest income will probably exceed the annual budget by around $400,000 due to slower land purchases. Property management and other income are consistent with budget. Exhibits C and D review six-month operational and development spending against the twelve month budget (C) and compared to the same period last year(D). The District spent 42%of its twelve-month administrative, operations, and development budget during the first six months. This is slightly lower than our mid-year position in the prior five years (46%, 45%, 44%, 43%, 43%). By department, six month (non-land purchase) spending versus the twelve month budget was Operations 47%, Administration 45%, Public Affairs 40%, Real Property 36%, and Planning 27%. By type of expense, Salaries and Benefits ran at 46%of annual budget, Structures and Improvements at 8%, Contract Services and Outside Services at 30%, Equipment and Vehicle purchases at 49%, and all other expenses at 42%. Salary and benefit expense represented 69% of total District operational expenses. This salary + benefit percentage is slightly higher than its share in the prior five first halves (66%, 68%, 63%, 67%, 66%). Attachment A R-07-133 Mid-Year Financial Review December 12, 2007 Page 2 As shown in Exhibit D, administration, operations and development spending is up only 1% from last year's first half spending rate. Salaries and Benefits increased by 6% and Services & Supplies expenses grew by 10%. However, non-land fixed asset spending, mostly Structures and Improvements, was down by 37%. Excluding Structures & Improvements, total non-land spending was up by 6%. Salaries were up 3% and benefits increased 13%. Total benefits represented 39% of total salaries compared to 38% in the prior year period. If operational and development spending is close to the budget in the second half of fiscal 2008, then total non-land spending would be about 54% of tax revenue, up slightly from 53% in fiscal 2006 and 2007. Overall, the financial results of the first six months indicate revenues and expenditures are consistent with the District's long-term financial plans. Prepared by: Michael Foster, Controller Contact person: Same as above Exhibit A I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 31 and September 30, 2007 Thousands) September 30, 2007 March 31, 2007 Unaudited) Audited) Cash and Investments 37,421.3 35,535.0 Receivables 7,462.3 9,568.0 Land, at Cost 289,738.3 289,669.1 Equipment 3,140.5 2,753.5 Structures and Improvements 14,863.7 14,793.2 TOTAL ASSETS 352,626.1 352,318.8 Accounts Payable 415.6 679.4 Accrued Liabilities 247.6 358.7 Land Contract Debt 1,726.4 1,740.5 Public Notes Payable 126_784.5 128,599 5_ TOTAL LIABILITIES 129,174.1 131,378.1 TOTAL EQUITY 223,452_0 220,940_7_ I I I EXHIBIT B Midpeninsula Regional Open Space District Six Month Revenue Versus Prior Year(Unaudited) I Thousands) 6 Months ended September 30, 2007 2006 Property Taxes 9,420.0 8,845.0 Tax Subventions 496.0 533.0 Interest Income 742.2 747.5 Grant Income 116.0 126.1 Property Management 378.E 374.6 Gifts of Land 0.0 0.0 Other 137.0 123 3_ TOTAL RECEIPTS 11,289.8 10,749.5 i i Six Month Revenue Versus Twelve Month Budget 2007 2007 Twelve Month Six Month Budget Receipts Received Property Taxes 22,776.0 9,420.0 41 Tax Subventions 938.0 496.0 53 Interest Income 1,600.0 742.2 46 Grant Income 3,921.0 116.0 3 Property Management 846.0 378.6 45 Gifts of Land 0.0 0.0 0 Other 250.0_ 137.0 55- TOTALS 30,331.0 11,289.8 37 i i Attachment A R-07-133 Exhibit D Thousands) Six Month Operating versus Six Months Previous Year Six Months Ended September 30 2007 2006 Increase Salaries 2,927.0 2,84L5 3 Benefits 1,241.0 1,100.8 13 I Other Contract Services/Outside Services 352.7 253.5 39 Private& District Vehicle Expense 145.4 142.1 2 Outside Maintenance Service 205.4 188.3 9 Acquisition Expense(Includes Legal) 106.7 263.2 59 Structures& Improvements/Parking Area 70.5 361 A 80 Printing&Duplicating 10.3 12.5 18 Rents, Leases&Management Agreements 41.0 48.8 16 Training, Conferences& Personnel Development 38.3 42.2 9 Equipment&Vehicles 387.0 300.5 29 Insurance 158.2 105.4 50 Utilities 70.3 77.5 9 Postage&Office Supplies 37.9 38.0 0 Communications-Publications& Projects 35.2 46.9 25 Library Subscriptions 4.8 4.1 17 Computer Expense 52.8 42.7 24 Field Supplies,Taxes, Permits&Licenses 87.1 61.8 41 Maintenance& Repair- Equipment 11.0 16.8 35 Volunteer Programs 15.9 16.3 2 Other Non-Land 14.2 13.8 3 6,012.7 5,978.1 1 Debt Service 4,845.0 5,186.7 7 Land Acquired 30.0 5_265 0 99 10,887.7 16,429.8 34 I Exhibit K8|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT Six Month Operating Versus Twe|veK8ordhBudged April-September, 2OO7 Thousands) Twelve Month Six Month Y6 Bmd mt S iin Salaries 6.*85.2 2.92..0 45 Benefitu 2.549.0 1.341.0 49 Subtotal 9'034.2 4,168.0 46 Other Contract Services/Outside Services 1.195.2 352.7 30 Private& District Vehicle Expense 309.4 145.4 47 Outside Maintenance Service 517.8 205A 40 Acquisition Expense(|nc. Legal) 397.5 106.7 27 Structures& |mpnovements/ParkinQAnoa 859.2 70.5 8 Printing& Duplicating 41.2 103 25 Rent, Leases& K8onog nnerdAgreements 1825 41 22 Train ing/Cnnhsrencea/Peroonne| Development 127.6 38.3 30 Equipment&Vehicles 788.0 387 43 11G1 158 Insurance 2 136 1588 03 44 Utilities Po age&O ceSupplies 79 3 37 9 4O Communications (Publications & Projects) 112.8 35,2 31 Library&Subscriptions 10.7 4.8 45 Computer Expense 60.8 52.8 87 Field Supplies, Taxes, Permits& Licenses 243.2 87.1 36 Maintenance Q Repair-Equipment 31.6 11 35 Volunteer Programs 34.3 159 46 Other Non- Land 43.7 14.2 32 TQTAL(NON'LANO) 14,344.9 6'012.7 42 74181 4D45 Dab Service 7,418.1 4,845.0 65 3000OO 3lO V Land Acquired Tuim| 51,763.0 10,887]' 21 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-128 Meeting 07-27 December 12, 2007 AGENDA ITEM 5 AGENDA ITEM Annual Dedication of Certain District Lands and Dedicatio Status Report 10GENERALMANAGER'S RECOMMENDATION Adopt the attached Resolutions dedicating interests in certain District lands for public open space purposes. INTRODUCTION In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see Report R-86-03), an Annual Report indicating the status of District lands as dedicated or undedicated is to be presented to you in December of each year. According to this policy: Normally, undedicated lands within the District's boundaries will be held for future dedication to park or open space, or both purposes, but only after the necessary planning, boundary adjustments, provision for permanent access and other possible changes in configuration, which may involve the disposal or exchange of interests in all or portions of such lands, have been completed." Formal dedications are usually made by the Board of Directors in December on the basis of the annual report. During the year, part of the use and management planning decisions the Board makes regarding purchasing or managing specific parcels and preserves is whether to indicate by motion an intention to dedicate certain interests in land, such as fee title or open space or trail easements. Note that although a motion of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a new land purchase is approved, this does not mean that the property would necessarily be dedicated the following December. That is because it is usually prudent to wait until the Master Plan or Comprehensive Use and Management Plan for the entire Preserve is adopted or reviewed. In addition, it might benefit the District's program at some future time to apply development density credits from dedicated District land to other lands. Dedication of these credits is not normally included at the time of the annual dedications. Such assets may enable the District to purchase and preserve other lands for the benefit of the public. Dedication Status Summary The attached Dedication Status Summary Report gives a summary of the dedication status of District preserves. Only those parcels for which transactions have closed escrow and title has R-07-128 page2 passed to the District on or before December 12, 2007 are included in the acreage totals. The interests in land that the District holds, i.e. fee title, easement, or other(lease, management agreement, etc.), are listed for each category. Rights of first refusal and/or reversions to the District are not included. The District holds an interest in 55,677 acres of land; made up of 51,126 acres in fee, and 4,551 acres in lesser interests. The District added 4,523 acres in fee since December 13, 2006, including the conversion to fee of 238 acres of lands previously leased and managed by the District. RECOMMENDED DEDICATIONS The basis of the recommended dedications is a result of site-specific staff analysis oi'issues, such as planning status, use, appropriate boundary configuration of the Preserve, access and other relevant factors. As a result of this analysis, staff has concluded that it is appropriate to dedicate the following lands: i Monte Bello Space Preserve The 8.72-acre former William Smith property is completely surrounded by existing dedicated lands and forms a part of the scenic corridor along Skyline Boulevard (Highway 35). Saratoga Gap Open Space Preserve The 238.15-acre former POST (Stevens Canyon Ranch) property is located along Stevens Canyon Road in the eastern portion of Saratoga Gap Open Space Preserve. The POST property was acquired with funding assistance from the San Francisco Bay Program of the California Coastal Conservancy and the 2002 Resources Bond Act Prop. 40--Roberti-Z'Berg-Harris Block Grant. As a result, the property is required to be dedicated. The property is bounded by District land to the southwest and northwest, and Stevens Creek County Park shares a common boundary with the property near the northeast corner. Located on the north-facing slopes of Stevens Canyon, the property's diverse landscape includes grassland, meadows, orchards, and redwood groves along year-round creeks in deeply cut canyons. Its strategic location between protected public lands in the upper and lower Stevens Creek watershed makes it an ideal site for a public staging area with connections to two regional trails. Thornewood Open Space Preserve 12.72 acres at Thornewood Open Space Preserve are recommended for dedication, following the Board's adoption of an amended Use and Management Plan for the preserve at the September 12, 2007 meeting. (See R-07-089). This figure does not include the 3.26-acre Dennis Martin Road property that was the subject of quiet title action in 2005. Normally this property would also be recommended for dedication at this time, but given the uncertainties relating to the Town of Woodside, permitting requirements for the District's proposed new trail project, and how this may affect its boundaries, postponing dedication is recommended. Tunitas Creek Open Space Preserve The former POST Tunitas Creek property encompasses 707.48 acres on the western slope ofpPYP the Santa Cruz Mountains in coastal San Mateo County, located within one-quarter mile downstream. of Purisima Creek Redwoods Open Space Preserve. The property includes two and i R-07-128 page3 one-half miles of frontage along the main stem of Tunitas Creek and the East Fork of Tunitas Creek, both providing spawning and rearing habitat for steelhead trout, which is federally listed as a threatened species. The property was acquired with funding assistance from the California Habitat Conservation Fund, so it is required to be dedicated at this time. RECOMMENDATIONS FOR LATER DEDICATION La Honda Creek Open Space Preserve Master Plan Sierra Azul and Bear Creek Redwoods Master Plan The majority of the District's undedicated land falls within the three open space preserves that are currently undergoing Master Planning: 930 acres at near Creek Redwoods, 3,758 acres at La Honda Creek, and 13,136 acres at Sierra Azul. Staff recommends deferring dedication of these properties until the Master Plans are finalized, expected for 2008. Overall, the Master Plans will call for dedication, as appropriate, given easements and parcel-specific conditions. SUMMARY Of the 55,677 acres preserved by the District, 1,844 acres include property rights that prevent these lands from being dedicated, such as leases and management agreements, leaving 53,833 acres of marketable interests in land. Of this amount, 34,444 acres (64%) are dedicated and 19,389 acres (36%) are undedicated. Upon adoption of the attached resolution dedicating 967.07 additional acres as recommended in this report, 35,411 acres (66%) of marketable acres will be dedicated and 18,421 acres (34%) will be undedicated. Prepared by: Sandra Sommer, Senior Real Property Planner Contact person: Same as Above Attachment A: Dedication. Status Summary Report i RESOLUTION NO. 07-_ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open space purposes (pursuant to Public Resources Code Section 5540)the interests in land held by the District shown herein, except for density credits on such lands, if any. INTERESTS IN LAND TO BE DEDICATED Board Open Space Approval Closing Property Preserve Grantor Date Date Acreage Interest Monte Bello Smith, William 3/14/2007 3/29/2007 8.72 Fee Saratoga Gap POST(Stevens Canyon Ranch)12/13/2006 12/29/2006 238.15 Fee Thornewood Procter(Water Reserve) 6/26/1991 4/2/2003 0.23 Fee Thornewood Zand 11 10/22/1986 11/7/1986 12.49 Fee Tunitas Creek POST(Tunitas Creek) 2/7/2007 2/23/2007 707.48 Fee TOTAL 967.07 Dedication Status Summary Report ATTACHMENT A Fee,Easements and Other ( Fee Acreage Easements on Private Land Easements on Public Land Lease a connd mbu o tr,er I Manage- Lion On, Interest prgSeryg Dedica ed Undedi- Total Acres Dedicated Unde ca t- Intended Dedicated U Intended dedicated Unded- Intended ment Bear Creek Redwoods i i 414.96 928.60 928.29 0.00 1.20 1.20 0.00 0.00 0,00 0.00 0.00 0.00 Briggs Creek 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Coal Creek m r 502.11 0.00 0.00 0.00 5.09 5.09 0.00 0.00 0.00 0.00 0.00 0.00 Costanoan Way vs. t 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Edgewood County Park da r 0.00 0.00 0.00 0.00 0.00 0.00 468.00 0.00 0.00 0.00 0.00 0.00 El Corte de Madera Cre 2,$ st 2,812.79 3.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 El Sereno 1& 1,392.83 20.53 0.00 0.12 0.35 0.00 0.00 0.00 0.00 0.00 0.00 0.69 Felton Station r S.mo 0.00 43.21 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 r,x rFoothillsfe 211.28 0.00 0.00 0.00 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fremont Older em to to 735.09 0.00 0.00 0.00 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 G.G.N.R.A. lm, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 1,227.26 0.00 La Honda Creek as iis 2,001.57 3,757.91 3,690.70 0.17 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Long Ridge Mom` A" 1,928.41 39.79 0.00 13.15 0.00 OAO 0.00 0.00 0.00 39.33 0.00 14.01 Los Trancos t n, . 274.31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Mills Creek N"sw 959.73 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Monte Bello 6 4+ 2,973.45 49.12 8.72 0.00 24.90 24.90 0.00 0.00 0.00 85.37 0.00 8.90is . Thursday,November 29,2007 Page 1 of 2 r,Easements and Other Fee Acreage Easements on Private and Easements on Public Land Lease and coa,mbu ottier Manage- tion Onty Interest Pf@S@N@ Dedes aes Total Acres Dedicated FL.Undedi- Intended Dedicated Unded Intended Dedicated Undedicat- Intended meat ad Moody Gulch M' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 163.86 0.00 Picchetti W"j 307.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Pulgas Ridge Lmsm 365.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.10 Purisima Creek 13,272.23 88.21 84.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.10 Rancho San Antonio i,ma Fm 2,137.53 1.20 0.00 1,495.36 0.50 0.00 0.00 0.00 0.00 165.00 0.00 0.00 Ravenswood E#os, 273.67 0.00 0.00 0.00 1.45 0.00 0.00 0.00 0.00 98.00 0.00 0.00 Russian Ridge 1,868.83 103.55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00 Saratoga Gap A"I1,107.42 434.56 238.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Sierra AZUI 3,963,31 13,070.02 1,476.12 68.42 30.44 20.25 372.00 0.00 0.00 34.11 0.00 1_24 Skyline Ridge 2,051,53 Moo 0.00 80.97 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 St.Joseph's Hill w" 173.64 0.00 0.00 94.00 Z50 0,00 0.00 0.00 0.00 0.00 0.00 0.00 Steven's Creek Shorelin Ux" u,ra 53.74 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Teague Hill mumm " 623.76 2.38 2.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Thornewood 136.24 15.98 0.23 4.55 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tunitas Creek 0.00 707.48 707.48 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Windy Hill I., o„,-- 1,304.49 2.00 0.00 0.00 5.79 5.79 0.00 23.00 0.00 0.00 0.00 0.00 Al KNOW 34,642.32 21,134.93 55,677.25 1,946.68 19,279.34 7,136.16 1,757.74 86.62 57.23 840.00 23.00 0.00 421.81 1,391.12 31.04 N9te EXcbft wW tMM"btaW Nell By BOW Thursday,November 29,2007 Page 2 of 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-124 Meeting 07-27 December 12, 2007 AGENDA ITEM 6 AGENDA ITEM Authorization to Enter into a Professional Services Agreement with Vollmar Consulting to Survey and Prepare Recommendations for Management of S tive Aquatic Habitats at La Honda Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize the General Manager to enter into a Professional Services Agreement with Vollmar Consulting in the amount of$50,000 plus a contingency of$5,000 for a total contract amount not to exceed $55,000 to survey and prepare recommendations for management of sensitive aquatic habitats at La Honda Creek Open Space Preserve. 2. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. DISCUSSION In 2006, the District contracted with Richard Seymour and Associates to complete a field inventory of amphibian species occurring on District lands, a follow up to similar work completed in 2000. Both studies surveyed sensitive reptile and amphibian populations in ponds and streams throughout the District and specifically identified locations and breeding populations of California red-legged frog and western pond turtle. The 2006 survey included the former Wool Ranch, a part of the recent Driscoll Ranch addition to La Honda Creek Open Space Preserve that contains numerous livestock watering ponds, developed springs, and other valuable reptile and amphibian habitats. California red-legged frog, a species listed as Threatened under the federal Endangered Species Act, occurs in at least nine locations in the former Wool Ranch area. This area may also provide habitat for the San Francisco garter snake, a state and federally listed Endangered Species that has similar habitat needs and whose principal food source is small amphibians. Management of the former Wool Ranch pond complex is a priority because of its regionally significant habitat for sensitive species. Seymour's 2006 assessment included a description of the site as the center of a regional metapopulation of red-legged frogs, meaning that all individuals in the isolated area are connected by genetics or by colonization patterns. In other words, because a number of ponds are in close proximity and year round habitat is available nearby, the location is highly resilient to population variations and other pressures that put rare species at risk. Seymour's report accordingly emphasized that in order to protect this collective resource, the group of ponds should be managed as a cohesive unit. Further, in 1992, the area was proposed as a State "Ecological Reserve", specifically designed for rehabilitation of the San Francisco garter snake. Although the habitat and use of the area, including rotational cattle grazing, is much the same today, active maintenance of the spring developments and livestock ponds is necessary R-07-124 Page 2 to preserve these constructed habitat resources. Extensive cooperation with regulatory agencies will be required for projects potentially affecting legally protected species; the preparation of the management recommendations will incorporate assistance with CEmanagerp A/NEPA documentation,Q permitting, and any necessary mitigation measures prior to adoption and implementation of the pond management plan. Staff released a Request for Proposals in October 2007 and received ten proposals. A team comprised of District staff reviewed and ranked the proposals according to the responding individuals and teams qualifications, methodologies, and costs. The following firms and teams submitted proposals: 1. Biological Monitoring and Assessment Specialists (BioMaAs), Alameda. 2. Christopher Joseph and Associates and Clearwater Hydrology. Oakland/Berkeley. 3. EcoSystems Restoration Associates, San Diego. 4. Garcia and Associates, San Anselmo. 5. Live Oak Associates, San Jose. 6. Mosaic Associates, LLC. and Balance Hydrologics, Inc, Pinole/Berkeley. 7. Swaim Biological, Inc. and Go Native, Inc, Livermore/Montara. 8. URS Corp., Oakland. 9. Vollmar Consulting, Berkeley. 10. WRA Environmental Consultants, San Rafael. The highest-ranking proposal was submitted by Vollmar Consulting. Staff recommends award of contract to Vollmar Consulting based upon their knowledge of the target species and nondestructive survey techniques, experience with management and improvement of target species habitat, and experience with comparable projects in the Santa Cruz Mountains and on the San Mateo Coast. Additional factors were the extent of their proposed management recommendations and their low cost approach to the District's Request for Proposals. FUNDING The fiscal year 2007-2008 budget includes $50,000 to hire a consultant to survey selected sensitive species habitats in La Honda Creek Open Space Preserve and begin preparation of a Pond Management Plan pertaining to the former Wool Ranch area. Due to the seasonal requirements of reptile and amphibian surveys, District staff expects that the contract will extend beyond the 2007-2008 fiscal ear, and will budget the $5,000 contingency accordingly.Y g Implementation of the pond management plan recommendations will occur in the years following, after completion and approval of the La Honda Creek Master Plan. Staff will pursue both grant funding and partnership opportunities with regulatory agencies to carry out the recommendations. CEQA COMPLIANCE This project consists of an assessment and preparation of management recommendations for habitat for sensitive aquatic reptile and amphibian species on District lands. The District concludes that the assessment and preparation of a management plan authorized under this contract will not have a significant effect on the environment. It is categorically I R-07-124 Page 3 exempt from the California Environmental Quality Act(CEQA) under section 15306 of the CEQA Guidelines as follows: Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities that do not result in major disturbances to an environmental resource. This project applies under Section 15306 because the assessment involves only basic data collection and resource evaluation activities. The preparation of management recommendations involves no impact on an environmental resource. Prepared by: Stella Cousins, Open Space Planner Contact person: Stella Cousins, Open Space Planner Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-129 Meeting 07-27 December 12, 2007 AGENDA ITEM 7 AGENDA ITEM Authorization to File Notices of Nonrenewal with the City of Palo Alto and the Town of Los Gatos for Designated Midpeninsula Regional Open Space Distfict Lands Currently Covered by Williamson Act Contracts GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended action is categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached Resolutions authorizing the General Manager to file notices of nonrenewal with City of Palo Alto and with the Town of Los Gatos for the parcels of Midpeninsula Regional Open Space District (District) land currently covered by Williamson Act Contracts as designated in Attachment I to this report. BACKGROUND At the September 12, 2007 meeting, the Board authorized the General Manager to file a notice of nonrenewal with Santa Clara County for District land in the unincorporated county covered by Williamson Act Contracts (see Report R-07-88). Please refer to this report for background on the Williamson Act. The District owns seven properties covered by Williamson Act contracts within the municipal limits of the Palo Alto (60.17 acres) and Los Gatos (312.39 acres). The attached table and maps show the extent of these lands (See Attachments I and 2). Generally, commercial agricultural uses present in the western foothills of Palo Alto and Los Gatos are very limited. They include small remnant orchards, vineyards, grazing, timber production, and small Christmas tree farms. The District's contracted lands in Palo Alto and Los Gatos are generally sloping and heavily vegetated with chaparral. The Palo Alto parcels range between 8 and 20 acres, quite small for agricultural purposes. One property in Palo Alto is adjacent to a Christmas tree farm on District property, but was not planted itself. No substantial blocks of grassland suitable for grazing are found on the District's contracted lands in the two cities. The lands were not used for commercial agricultural production for many years prior to District purchase. DISCUSSION Staff recommends nonrenewal of the District's seven Williamson Act contracted parcels in Palo Alto and Los Gatos for the following reasons: i R-07-129 Page 2 The purpose of the District's land ownership is already to preserve agricultural and open space land values in the public interest, so that continuation of the Williamson Act contract serves no useful purpose, and is in fact administratively burdensome. The Williamson Act's incentive structure relies on a property tax relief benefit to induce the private sector to preserve agricultural and open space lands, which is not relevant to a public open space district already exempt from property taxes. District nonrenewal of Williamson Act contracts would not convert agricultural lands to non-agricultural use. The contracted lands are currently not being put to agricultural use. Any future use of these District lands for commercial agriculture does not depend on whether the property is under Williamson Act contract, but rather site-specific resource factors and policy factors, which ensure that the District sustains and encourages agricultural viability consistent with public use, while minimizing impacts on the natural environment. With the exception of uncommon, small staff facilities or staging areas, lands are and would be utilized for open space and low-intensity recreation, both compatible with any agricultural use that may be contemplated in the future. Pre-and post-acquisition notice to the Department of Conservation and the City of Palo Alto and the Town of Los Gatos would still continue should the District desire to acquire additional contracted lands in the future; thus the procedural requirements that afford the pending land purchase would stillDepartmentandcitiesanopportunitytocommentonappppYpg apply. This recommendation is supported by the State Department of Conservation, which has advised the District to non-renew purchased contracted lands. Upon authorization by the Board of Directors, the General Manager will file notices of nonrenewal with City Clerk of Palo Alto and with the Town Clerk of Los Gatos. The cities then would review the content of the notice for accuracy, record the nonrenewal notice within 20 days after filing, and notify the State Department of Conservation within 30 days after filing. The non-renewal would then be effective on January 1, 2008, and the Williamson Act contracts become officially terminated ten years later (December 31, 2017). CEQA COMPLIANCE Project Description The activity in question for CE QAA complianceHance purposes is the nonrenewal of Williamson Act approximately 372.56 acres o f Districtproperty. Withcontractsfarsevenassessor's parcels on pp y Inonrenewal, the contracts will still be effective until the end of 2017. No change in current open space uses are anticipated as a result of nonrenewal, and no physical changes to the environment are proposed. CEQA Determination Even though nonrenewal is the standard, preferred administrative procedure to end a Williamson Act contract, as the landowner, the District Board has discretion regarding the policy decision R-07-129 Page 3 whether to file for nonrenewal. Since the term "project" is to be construed broadly, this analysis will assume that nonrenewal may be defined as a project. Consequently, the District analyzed this activity as subject to CEQA. The State CEQA Guidelines have found that certain classes of projects do not have a significant effect on the environment and are considered categorically exempt from the requirement for the preparation of environmental documents. This project is determined to be categorically exempt under CEQA Guidelines Sections 15301, which exempts the operation, maintenance, or minor alteration of existing public or private facilities or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The agriculture and open space uses currently occurring on District lands or on adjacent private lands will not change as a result of this action, and no other facility improvements or expansions of use are associated with the project. The action proposed is also exempt under Section 15061(b)(3), which exempts projects where it can be seen with certainty there is no possibility that the activity in question may have a significant effect on the environment. PUBLIC NOTIFICATION This land use planning issue is primarily administrative in nature and will not have any effect on the uses present on District lands. Moreover, Williamson Act contracts on private lands adjacent District lands are not affected by the project. This staff report was sent to the following parties, explaining the nature of the proposed Board action, the time and date of this meeting, and indicating how to obtain further information: Owners of non-urban lands contiguous to contracted lands Town Cler k of Los Gat os, PaloSantaClaraCountAssessor, City Clerk of Palo Alto, Y Alto and Los Gatos Planning Departments, and Palo Alto and Los Gatos Departments of Parks and Recreation. California Department of Conservation. Attachment 1: Table Attachment 2A and B: Maps Prepared by: Sandy Sommer, ASLA, AICP Senior Real Property Planner Maps prepared by: Galli Basson, Planning Intern Contact person: Sandy Sommer, ASLA, AICP Senior Real Property Planner i I RESOLUTION NO. 07- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PURSUANT TO GOVERNMENT CODE SECTION 51245 APPROVING THE FILING OF NOTICES OF NONRENEWAL OF WILLIAMSON ACT CONTRACTS PERTAINING TO DISTRICT LANDS IN THE TOWN OF LOS GATOS WHEREAS, the Midpeninsula Regional Open Space District ("District") owns various parcels of land within incorporated limits of the Town of Los Gatos, all or portions of which are subject to Land Conservation Contracts under the California Land Conservation Act of 1965 known as the Williamson Act; and WHEREAS, the mission of the District includes preservation of open space and agricultural lands in perpetuity so that acquisition of such contracted lands accomplishes the purposes of the Williamson Act; and WHEREAS, the procedures established by the Town of Los Gatos for administering such contracts serve no useful purpose when land is owned by a park or open space agency preserving such lands' open space and agricultural resources, yet such procedures can impose a procedural and financial burden on the District's ability to efficiently carry out its operations; and WHEREAS,the benefits of reduced property tax in exchange for such land preservation is no longer relevant once the District has acquired such lands as the District is exempt from property tax in most situations. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Authorizes the General Manager of the District, pursuant to Government Code Section 51245, to file notices of nonrenewal with the Town Council of Los Gatos for the parcels, or portions of parcels, of lands owned by the District currently subject to Land Conservation Contracts as set out on Attachment One, a copy of which is attached hereto and incorporated by this reference; and 2. Authorizes the General Manager as agent of the District to execute and submit all documents and take such actions as may be necessary or convenient to accomplish the purpose of this Resolution, or to comply with the requirements of the Los Gatos Ordinance Code, or the State Williamson Act, in order to accomplish the nonrenewal of the contracts set out in Attachment One. RESOLUTION NO. 07- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PURSUANT TO GOVERNMENT CODE SECTION 51245 APPROVING THE FILING OF NOTICES OF NONRENEWAL OF WILLIAMSON ACT CONTRACTS PERTAINING TO DISTRICT LANDS IN THE CITY OF PALO ALTO WHEREAS, the Midpeninsula Regional Open Space District ("District") owns various parcels of land within incorporated limits of the City of Palo Alto, all or portions of which are subject to Land Conservation Contracts under the California Land Conservation Act of 1965 known as the Williamson Act; and WHEREAS, the mission of the District includes preservation of open space and agricultural lands in perpetuity so that acquisition of such contracted lands accomplishes the purposes of the Williamson Act; and WHEREAS, the procedures established by the City of Palo Alto for administering such contracts serve no useful purpose when land is owned by a park or open space agency preserving such lands' open space and agricultural resources, yet such procedures can impose a procedural and financial burden on the District's ability to efficiently carry out its operations; and WHEREAS, the benefits of reduced property tax in exchange for such land preservation is no longer relevant once the District has acquired such lands as the District is exempt from property tax in most situations. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 2. Authorizes the General Manager of the District, pursuant to Government Code Section 51245, to file notices of nonrenewal with the City Council of Palo Alto for the parcels, or portions of parcels, of lands owned by the District currently subject to Land Conservation Contracts as set out on Attachment One, a copy of which is attached hereto and incorporated by this reference; and 2. Authorizes the General Manager as agent of the District to execute and submit all documents and take such actions as may be necessary or convenient to accomplish the purpose of this Resolution, or to comply with the requirements of the Palo Alto Ordinance Code or the State Williamson Act, in order to accomplish the nonrenewal of the contracts set out in Attachment One. ATTACHMENT I Lands of Midpeninsula Regional Open Space District Under Williamson Act Contract with the City of Palo Alto Grantor to APN at Time of Resolution County Current APN Preserve MROSD Purchase by MROSD No. Contract No. Contract Date Contract Name Acreage Renewal Date 1 351-04-031(portion) Foothills Aine 351-04-022 5657 2/27/1979 Aine l0k0j January I 351-04-031(portion) Foothills DeRijke 351-04-013 5658 2/27/1979 DeRijke 10-001 January 1 2 351-06-017 Monte Bello Grainger same 4708 2/28/1973 Smith,Darlene 20-731 January 1 3 351-12-043 Monte Bello Smith,William same 4706 2/28/1973 Smith,William 8.72 January I 4 351-25-014 Monte Bello Swanson same 5067 75.911 2/26/1975 Likens,R.et al.10.72 January 1 TOTAL ACRES 60.17 Lands of Midpeninsula Regional Open Space District Under Williamson Act Contract with the Town of Los Gatos Grantor to APN at Time of County Acreage(in Current APN Preserve MROSD Purchase by MROSD Contract No. Contract Date Contract Name contract only) Renewal Date 1 ;537-08-026(ptn) ;Sierra Azul Kennedy Trails 537-08-003 165.86 2 537-13-010(ptn) Sierra Azul 537-13-004 125.44 537-I5-003 75.914 2/27/1975 Kennedy Trails I January 1 537-15-027 Sierra Azul PM Associates 21.09 3 537-I5-014(ptn) TOTAL ACRES 312.39 i MROSD Li, ds Under Williamson " ct Contract Palo Alto CA I Foothills Park Hidden Villa I I ISanta Clara County(Unincorporated)Boundary City of Palo Alto Boundary j Lo-s--Trancos Open Space-.Preserve i I I I I GOP\ 9r a Monte Bello Open Space Preserve 01 i ALk ma 1 0 NE M k. Q N rf j Parcel Subject to Williamson Act MROSD Land g a Other Open Space Attachment 2A e 0 0.1 0.2 0-4 Produced by Midpeninsula Regional Open Space District, December 2007 Miles MROSD L; ds Under Williamson " ct Contract Los Gatos CA I I I I i Kennedy Rd. I' II Kennedy Limekiln Area i i j -Town Lof os Gatos Boundary Santa Clara County Unincorporated)Boundary l i cu,: Sierra Azu) Open Space Preserve o Priest Rock Trail Q 11 E Area Subject to Williamson Act 0 0 MROSD Land o a I Attachment 13 0 0.125 0.25 0.5 Produced by Midpeninsula Regional Open Space District, December 2007 a Miles Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-132 Meeting: 07-27 December 12, 2007 AGENDA ITEM 8 AGENDA ITEM Authorization to Amend Agreement with Go Native Nursery LK-f6r an Additional $114,000 to Conduct Herbicide Application on District Lands GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA)based on the findings contained in this report. 2. Authorize the General Manager to amend the existing agreement for an additional amount not to exceed a total of$114,000 for Fiscal Years 2005/2006, 2006/2007, and 2007/2008. BACKGROUND On October 12, 2005, the Board authorized the General Manager to enter into a contract for herbicide spraying with Go Native Nursery LLC at a rate of$32.50 per hour and for an amount not to exceed $46,000 for Fiscal Year(FY) 2005/2006 with the option to extend the contract to FY 2006/2007 and FY 2007/2008 (see Report R-05-81). The contractor has been paid a total of approximately$135,000 date over the past 3 fiscal years at the approved rate of$32.50. See the table below summarizing the actual annual and cumulative amount of dollars spent in the three fiscal years covered by this agreement. Annual Cumulative Cumulative Amount Above Annual Amount Amount Original $46,000 Approved Amount Spent Spent/To Be for FY 2005/06 Budgeted Spent FY 2005/06* 46,000 $ 6,000 6,000 FY 2006/07 70,000 $69,000 75,000 FY 2007/8 60,000 $60,000 135,000 through October 2007) Additional Amount 25,000 160,000 114,000 Requested for FY 2007/08 Note that in FY 2005/2006, only$6,000 was actually spent due to inclement weather that prevented spraying during the fall and spring seasons. R-07-132 Page 2 DISCUSSION Staff is recommending Go Native's agreement be increased this year for two reasons: 1) we successfully conducted a 120-acre prescribed bum at Russian Ridge this summer that has provided the unexpected opportunity to spray over 10 acres of the invasive plant Harding grass, and 2) the warm and dry fall season is allowing extra time to control many invasive species this year. Go Native has been paid $59,330 for herbicide work through October 2007 in this fiscal year. The herbicide work would continue to be conducted at the agreed upon rate of 32.50/hour. There are adequate funds in Operations resource management budget to cover this amendment. Utilizing Go Native as a contractor has been an efficient way to control large stands of invasive plants; their hourly rate was lower than others bids during the 2005 competitive selection process and lower than herbicide contracts awarded in previous years. The total amendment to this agreement, including retroactive amounts for previous years, would be $114,000. The Board's budgets for each fiscal year of this project included accurate appropriations for these expenditures. However, when the Go Native contract was initially approved by the Board, it included an initial year expenditure of$46,000 and the option to extend the contract for two additional years. Due to an oversight during implementation of this project, staff did not also request Board approval for payment extensions in FY 2006/2007 and FY 2007/2008. The contractor conducted approved work at the same initial hourly rate, and fiscal year payments were within budgeted amounts. Staff discovered this error and is requesting this amendment to correct and ratify these expenditures. Staff is also requesting an additional approval of$25,000 in FY 2007/2008 so this critical work can continue. An herbicide contractor is an important tool in our multi-prong approach to controlling invasive plants on District preserves, however, it is not always possible to estimate the exact amount of work that will be completed due to unpredictable conditions such as weather and plant growth rates. A new multi-year agreement for herbicide spraying will be negotiated in the next few months. Clear provisions will be made for estimating the amount for each year under the new contract. CEQA COMPLIANCE Spraying will be consistent with all label requirements for the approved herbicides, such as not spraying in sensitive areas, avoiding weather conditions that might result in drift, and avoiding native plant species. The contractor will only use approved herbicides and control methods and will avoid any potential significant environmental effects. Spraying will not occur where it will affect rare animal or plants species or in aquatic environments. Therefore, this program will not have the potential to result in any significant environmental effects. The District concludes that the District's annual maintenance herbicide spray program to control invasive plants is categorically exempt under CEQA Guidelines Section 15304 (Class 4 Minor Alterations to Land). Class 4 covers minor public alterations of land, water, and/or vegetation that do not involve the removal of healthy, mature, scenic trees or grading on slopes greater than 10 percent. Removing the invasive plants from the preserves to protect native plants and wildlife habitat is consistent with subsection (d) of this section regarding minor alteration of vegetation on wildlife management areas for improvement of habitat. CEQA Guidelines Section 15300.4 R-07-132 Page 3 provides that public agencies shall list specific activities which fall within each exempt class and which are consistent with the intent of the classes as described in the state guidelines. Under the District's Guidelines for Implementation of the California Environmental Quality Act, the District has determined that certain day-to-day projects qualify for categorical exemptions from CEQA, including minor resource management projects (e.g., removal of exotic species and revegetation). Therefore, this program is consistent both with State CEQA Guidelines Section 15304 and the District's CEQA Guidelines. Prepared by: Cindy Roessler, Resource Management Specialist Contact Person: Same as above Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-07-136 Meeting 07-27 December 12, 2007 AGENDA ITEM 9 AGENDA ITEM Create an Ad Hoc Committee for the District's General Manager's Retirement Event and Appoint Board Members to the Committee GENERAL MANAGER'S RECOMMENDATI 0 Create a non-cornpensable Ad Hoc Committee to plan the District's General Manager's Retirement Event and appoint Directors Cyr, Hanko and Davey to the Committee. DISCUSSION General Manager Craig Britton announced that he will be retiring at the end of March 2008, after 30 years of service with the District. Board members have expressed interest in creating an Ad Hoc Committee to help plan Mr. Britton's retirement event. It is recommended that the Board create a non-compensable Ad Hoc Committee and appoint Directors Cyr, Hanko and Davey to the Committee. Prepared by: Gregory L. Sam, Administration/Human Resources Manager Contact person: Same as above Claims No. 07-19 Meeting 07-27 Date 12/12/07 Midpeninsula Regional Open Space District Amount Name Description 7961 553.62 Ace Fire Equipment&Service Co.Fire Extinguisher Maintenance 7962 203.51 Acterra Native Plants-Pulgas Ridge 7963 182.63 ADT Security Services Alarm Service-SFO 7964 84.00 All Laser Service Printer Repair 7965 972.41 All Premium Promotional Products Volunteer&Docent Event Supplies 7966 43.00 Allen's Press Clipping Bureau Clipping Service 7967 153.80 Allied Waste Services Garbage Service-Hosking Barn 7968 556.25 AmeriGas Propane Tank Rental 7969 24.36 Anderson Engraving Engraving-Name Badges 7970 18,356.00 Asphalt Surfacing, Inc Mora Road Chip Sealing-RSA 7971 549.97 AT&T Telephone Service-SFO/Voicemail Service-AO I Fax Service-FFO/Alarm Service-FFO 7972 1162 AT&T/MCI Long Distance Fax Service-SFO 7973 16,10 AW Direct Field Supplies 7974 143,42 Baillie,Gordon Reimbursement-Notary Expenses 7975 50.00 Baldzikowski, Matt Reimbursement-Membership Dues 7976 1,748.00 Bay Area Backflow Irrigation System Water Repairs-RSA 7977 292.00 Bill's Towing&Recovery Towing Services 7978 200.00 Britton, L. Craig Reimbursement-IRWA Membership Dues 7979 578.52 California Water Service Company Water Service-AO, FFO&Windy Hill 7980 880.00 Cambria Corporation Computer Consulting Services 7981 837.00 Camino Medical Group Medical Services 7982 12,780.00 Casey Construction Caretaker Cabin Demolition&Site Cleanup Project- Stevens Canyon Ranch 7983 14.00 City Of Los Altos Alarm Permit Renewal 7984 70.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 7985 3,287.32 CMK Automotive Inc. Vehicle Maintenance&Repairs 7986 119.00 Coastal Sierra Internet Service-SFO 7987 118,04 Congdon, Bunny Reimbursement-Staff Holiday Event Supplies 7988 1,78158 Cresco Equipment Rental Equipment Rental For Road Repair-Mt. Umunhum 7989 860.81 Cube Solutions Ergonomic Equipment&Supplies 7990 237,82 Cupertino Bike Shop Patrol Bike Supplies 7991 604.60 David Stocks Incident Command System Training 7992 7,454.39 Deborah Mills-Design Concepts Business Cards, Brochures,Winter Calendar&Newsletter 7993 104.00 Del Rey Building Maintenance Janitorial Supplies-AD 7994 1,714.00 *1 Divine Catering Catering-Staff Holiday Event 7995 75.00 *2 Divine Catering Catering-Final Payment For Staff Holiday Event 7996 18,460.21 Ecosystems West Botanical Surveys-Bear Creek Redwoods&La Honda Creek 7997 500.00 Eflexgroup,com Cafeteria Plan Fee 7998 803.75 Ergo Vera Ergonomic Evaluations 7999 6,500,00 Fenton Communications Communication Services-Media Relations Training 8000 644.55 *3 First Bankcard Appliance-Rental Residence 8001 398.32 *3 First Bankcard Vehicle Supplies, Service& Repairs 8002 1,487,00 *3 First Bankcard Business Meetings 8003 1,128.44 *3 First Bankcard Field Supplies/ATV Helmets/Outdoor Lighting-SFO 8004 259.69 *3 First Bankcard Office Supplies 8005 5,320.35 *3 First Bankcard Conference&Training Expenses/Registration Fee For Pacific Southwest Maintenance School/Planning Seminar/CALPELRA Conference Registration I CalPERS Conference Expenses/NTL Training 8006 32.70 *3 First Bankcard Advertising, Subscriptions&Books Page 1 of 3 Claims No. 07-19 Meeting 07-27 Date 12/12/07 Midpeninsula Regional Open Space District Amount Name Description 8007 360.00 *3 First Bankcard Computers Expenses 8008 119.00 Fitzsimons, Renee Reimbursement-Docent Supplies 8009 217.67 Forestry Suppliers Field Supplies 8010 19875 Freeman, Matt Reimbursement-Membership Dues 8011 140.63 G&K Services Shop Towel Service 8012 339.37 Gardenland Power Equipment Field Supplies 8013 500.00 *4 Gerard Ange Videotaping-C. Britton Presentation 8014 200.00 Golden West Collision Center District Vehicle Auto Body Repairs 8015 171.01 Goodco Press Printing Services-Business Cards&Shift Change Forms 8016 195.07 Green Waste Recovery Recycle Service-SFO 8017 1,282.50 Greg's Trucking Service Rock Trucking Services For Lower Alpine Road Repairs 8018 637,25 Guy Plumbing& Heating Plumbing Service&Repairs-Rental Residence&AO 8019 20.00 Hapke,Alexander Reimbursement-Search&Rescue Training Expenses 8020 106.86 Hasler Financial Services, LLC Postage Meter Tax 8021 4,573.41 Hertz Equipment Rental Equipment Rental-Skip Loader&Roller For Skyline Area Road Improvements 8022 353,83 Highway Technologies Field Supplies 8023 1,076.13 Home Depot Field Supplies&Equipment 8024 357.77 Honda Peninsula Motorcycle Patrol Supplies 8025 958.10 Jakaby Engineering Engineering Design For Culvert At Fremont Older Gate 8026 317.35 Kansas State Bank Of Manhattan Lease Payment-Modular Building For SFO 8027 139.20 Lab Safety Supply Field Supplies 8028 202.69 Lampson Tractor Tractor Supply 8029 1,894.99 Langley Hill Quarry Base Rock-Road Repairs 8030 2,398,46 *5 Lee Buffington-San Mateo County Mosquito Abatement Benefit Tax Tax Collector 8031 39L50 Liebert Cassidy Whitmore Legal Services 8032 771.65 Los Altos Garbage Company Garbage Service-AO&RSA/Recycling Service-FFO 8033 30.74 Los Altos True Value Hardware Field Supplies 8034 60-00 Macke Water Systems, Inc. Water Dispenser Rental-Two Months 8035 78.61 Malone, Brian Reimbursement-Cell Phone 8036 750.00 Matt Mann Web Design Services 8037 297.69 Metro Mobile Communications Radio Equipment&Supplies 8038 3,319.62 Metro Mobile Communications Equipment For New Radio System Pilot Program 8039 497.35 Moffett Supply Company Sanitation Supplies 8040 221.00 Mountain View Optometry Safety Glasses 8041 194.25 Naito, Pamela Reimbursement-Office Supplies 8042 2,475.00 Nomad Ecological Consulting Botanical Inventory 8043 345,00 Normal Data Database Consulting 8044 1,254.64 Office Depot Office Supplies 8045 10,000.00 Old Republic Title Company Deposit-Land Acquisition 8046 557.31 Orchard Supply Hardware Field Equipment&Supplies 8047 208,71 Palo Alto Upholstery District Vehicle Upholstery Repair 8048 12.18 Parry, Rick Reimbursement-Training Expenses 8049 2,274.91 Patrick Driscoll Deck Repairs-Rental Residence 8050 4,299.01 Peckham& McKenney General Manager Search 8051 565.20 Pillsbury Winthrop Shaw Pittman LLP Legal Services-Fogarty/MacFarlane Litigation 8052 178.52 Pine Cone Lumber Materials For Bridge Repair 8053 1,253.78 Post Haste Direct Mail Services Mail House Services 8054 4,642-21 Priority 1 Outfit Two Patrol Trucks With Code 3 Equipment 8055 77127 Priority 1 Convert Patrol Truck To Maintenance Vehicle Page 2 of 3 Claims No. 07-19 Meeting 07-27 Date 12/12/07 Midpeninsula Regional Open Space District Amount Name Description 8056 137.66 Priority 1 Vehicle Repair 8057 194.24 R.H.F. Inc.Radar Repair 8058 584.55 Reed&Graham, Inc. Field Supplies 8059 15.00 Rich's Tire Service Tire Repair 8060 1,369.65 Roy's Repair Service Vehicle Repairs&Service 8061 389.52 San Jose Water Company Water Service-RSA County Park 8062 917.85 San Mateo County Planning&Building Grading Permit Fees Division 8063 822.62 Sears Appliance-AD 8064 2,190.00 Shute, Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation 8065 536,62 Simmons, Duncan Reimbursement-Training Expenses&Mileage 8066 43.29 Smith,Jeff Reimbursement-Uniform Expense 8067 1,475.00 Solutions Partners, Inc. Executive&Staff Recruitment Services 8068 390,00 Stale Bar of California State Bar Membership Fee-S. Scheclman 8069 254.39 Summit Uniforms Uniform Expenses 8070 12.86 Sunnyvale Ford Vehicle Supply 8071 1,232.26 Tadco Supply Janitorial Supplies 8072 1,000.00 *7 Ticor Title Company Of California Deposit-Land Acquisition 8073 1,058.11 Tires On The Go Tires 8074 25.20 United Parcel Service Parcel Shipping 8075 537.20 United Site Services Sanitation Services 8076 6,319.89 V&M Restoration House Repairs-Rental Residence 8077 150.00 Valley Automatic Gate Gate Servicing-Rancho San Antonio 8078 66.00 Valterria,Thomas Reimbursement-Search& Rescue Training Expenses EMT Recertification Registration Fee 8079 217.80 Verizon Cellular Phone Service 8080 929.25 Vortex Replace Glass Door-AD 8081 542.08 West Payment Center Legal Publications 8082 207.85 West Tek Supply Landscaping Supplies 8083 1,920,00 Westfall Engineers, Inc. Survey Of Road Easement-Brush&Old Well Road 8084 51.00 Wickham, Elisa Reimbursement-EMT Recertification Registration Fee Total 166,997.86 1 Urgent Check Issued 12/3/07 2 Urgent Check Issued 12/6/07 3 Urgent Check Issued 12/6/07 The Total Amount For First Bankcard(Claim#'s 8000- 8007)is$9,631.05 4 Urgent Check Issued 12/3/07 5 Urgent Check Issued 12/5/07 6 Urgent Check Issued 11/27/07 7 Urgent Check Issued 11/30/07 Page 3 of 3 i RESOLUTION NO. 00-76 PASSED AND ADOPTED by the Board of Directors of the Midpemnsula Regional Open Spa ce District on December 20, 2000, at a special meeting thereof, by the following vote: AYES: K. Nitz, L. Hassett, J. Cyr, D. Little, N. Hanko, P. Siemens, M. Davey NOES: none ABSTAIN: none ABSENT: none ATTEST: APPROVED: f fr, Secretary resident Board of Directors Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District,hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk RESOLUTION NO. 00-76 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section 1. Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open space purposes (pursuant to Public Resources Code Section 5540)the interests in land held by the District shown herein, except for possible development rights which might be transferred to or for the benefit of other lands. INTERESTS IN LAND TO BE DEDICATED EXCEPT FOR POTENTIAL DENSITY CREDITS) Preserve/Area Grantor Board Closing Acreage Property Approval Date Interest Date Bear Creek Arlie June 28, 1999 July 15, 1999 260 Fee El Sereno Moore September 10, 1975 November 3, 1975 16 Fee Lovell April 9, 1980 May 9, 1980 35 Fee Long Ridge Niswander September 27, 2000 October 31, 2000 13.15 Easement Mills Creek Russian Convent July 26, 2000 September 15, 2000 284 Fee Pulgas Ridge Benedetti April 12, 2000 May 12, 2000 72.66 Fee Rancho San Antonio Archdiocese July 13, 1977 October 11, 1977 80 Fee Russian Ridge Quam. April 12, 2000 April 21, 2000 94.8 Fee Skyline Ridge Silva July 26, 2000 August 25, 2000 136 Fee Teague Hill Willen Corp. May 25, 1988 June 17, 1988 393.95 Fee Block Brothers July 27, 1988 July 29, 1988 229.81 Fee Thornewood Gano October 14, 1981 November 22, 1982 14 Fee Procter, G. December 15, 1999 December 23, 2000 8.8 Fee Procter, R. December 15, 1999 January 20, 2000 14.03 Fee Procter December 22, 1986 December 30, 1986 3.4 Fee Collins December 15, 1999 May 16, 2000 9.01 Fee Windy Hill POST(Melchor) March 24, 1999 March 29, 1999 12.0 1 Fe TOTAL: 1,666.61 Regional Open Spam November 16, 2007 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 35 YEARS OF OPEN SPACE PRESERVATION Woodside Town Council P.O. Box 620005 Woodside, CA 94062 Re: Appeal of Planning Commission Decision on Site Development Application#07-004 Dear Council members: The Midpeninsula Regional Open Space District("District")respectfully appeals the November 7, 2007 decision of the Woodside Planning Commission on Site Development Application SDPC#07-004. We request that the Town Council waive the condition of approval requiring merger of the District's parcels. There are a number of reasons for this appeal including, but not limited to, the following factors: We do not believe that Chapter 152 of the Town Municipal Code which governs parcel merger is applicable to this trail construction and sediment reduction project. The District has not proposed any division of land subject to Chapter 152. Much of the project area is exempt from merger. In 1978, the Sierra Club Foundation gifted the former 87-acre Thorne Estate to the District. We believe this property is exempt from merger per Municipal Code 152.134(A), which exempts one or more contiguous parcels that, as of July 1, 1981, are considered enforceably restricted open space land. Merger is unnecessary because the subject parcels located in the project area were dedicated by the District Board of Directors on December 20, 2000 as permanently protected open space under the provisions of Public Resources Code Section 5540 (see attached Resolution 00-76). The Sierra Club parcel was dedicated on February 14, 1979. Dedication status conveys an extraordinary level of protection to these parcels. Among other protections, they cannot be subdivided or developed except by a majority vote of the electorate at a special election called for that purpose. Parcel merger could impede the District's ability to provide open space services to the Town by stripping the District of essential property rights. Land conservation negotiations can be extremely complex, and often involve exchange of property rights to secure land purchases or trail easements. The District needs to retain its property rights to maximize our ability to expand Thomewood and Teague Hill Open Space Preserves as well as connecting trails. Such density may also be necessary as part of future proposals to the Town to restore the historic Thornewood home and grounds. We look"forward to the opportunity to further articulate our position at a Town Council jme ing,,and would like to be added to the agenda of January 8, 2008.me Ing"and would like to be add, relSicerely, L. Craig B ton General Manager cc: Midpeninsula Regional Open Space District Board of Directors 33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Curt Riffle,Nonette Honko,Lorry Hossett,Kenneth C.Nitz L.Craig Britton n i 4 r y° J / a L I y 1 EDGEWOOD COUNTY PARK AND NATURAL PRESERVE The serpentine grasslands of Edgewood Park and Natural Preserve are famous for their magnificent displays of wildflowers each spring. The Park's 467 acres of woodlands and grasslands afford wonderful hiking and sightseeing opportunities. 7, - A T 1 . BENEFITING COUNTY PARKS SAN MATEO COUNTY PARKS Indian Wai-h'or blooming on the Sylvan J.: Edgewood '• Card Design by SWIN r'i"' h San s sr.:r}Pi ,. • Mateo County Parks and Recreation Foundation650/321-5812 215 Bay Road, Menlo Park, CA 94025 18 At Bear Creek Redwoods, a ranger observed two subjects app,--.ing to jump the fence to gain access to the former Alma College site. The ranger made contact with the subjects adjacent to a parked car. The subjects were cited for a closed area violation and were released. The vehicle license plate was checked and the plates came back as stolen. Sheriff's deputies were called and after a search of the scene did not turn up the suspects, who were apparently associated with the vehicle. The Sheriff's Department had the vehicle towed. 22 A District ranger discovered vandalized locks at Russian Ridge. Glue had been injected into both the 2C 10 and the combo locks. 25 At St. Joseph's Hill, a ranger was dispatched to the scene of a bicycle accident. The victim had some helmet damage and abrasions. There was also some indication of a fractured collarbone, which necessitated transportation by air ambulance to Valley Medical Center. 26 At Monte Bello, a nude person was discovered on the trail that leads from the parking lot to the Monte Bello landing zone. The person was issued a citation. 29 Outside of gate RS-01 at Ranch San Antonio County Park, visitors found a man on the ground. They called 911, and AMR personnel pronounced the man dead, and the County Coroner was called. The cause of death was not determined, and the Sheriff's Office will be conducting an investigation. 30 In Monte Bello, 4 bicyclists were stopped and cited one hour after sunset. Earlier in the day, one of the suspects had been informed of the preserve hours, yet, proceeded to enter the preserve anyway with the three other riders. October vandalism 22 At Long Ridge, the mountain lion warning sign and the BART sign were bent. The Seasonal Closure" signpost had also been broken off. 0:\Enforcement Activity Reports\2007 Monthly Surnmarics\October 2007-Monthly Enforcement Sumniary.doc Interoffice Memorandum December 12, 2007 To:L. Craig Britton, General Manager From: Gordon Baillie, Management Analyst—Operations Subject: Monthly Field Activity Summary—October 2007 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Marijuana possession 2 2 Closed Area 0 1 Disabled parking 0 1 Speed 3 7 Helmet 0 6 ACCIDENTS/INCIDENTS Night Riding 4 4 Bicycle accident 3 Dogs Equestrian accident I Prohibited area 3 10 Hiking/Running accident 3 Off-leash 8 12 Other first aid 0 Off-road vehicles 0 1 Search & Rescue 0 Closed area 3 4 Vehicle accident I After hours 0 4 LZ air evacuation 2 Fishing 0 0 Fire 0 Vandalism 0 0 Parking 8 10 ENFORCEMENT Parking after hours 30 41 Parking citations 38 Dumping 0 0 Other citations 25 Camping 0 0 Written warnings 44 Weapons Arrests 0 Actual contact 0 0 Police assistance 0 Weapons report 0 0 Reckless driving MUTUAL AID Vehicle closed area Accident 8 No permit/Group I I Fire 0 Trail etiquette Law enforcement I Camping w/o permit 0 1 LZ for offsite 0 Nudity prohibited 1 2 Wood/plant collecting 0 1 Date: 16 At Pulgas Ridge, a ranger tried repeatedly to stop a subject for a dog off-leash violation. The subject insisted that the ranger was not a peace officer and he did not have to identify himself, that only a Sheriff's Deputy could stop him. After the subject drove off, the ranger was able to note the subject's vehicle license number, and was able to obtain a driver's license photo identifying him. A recommendation was filed with the District Attorney's Office to file appropriate charges against the subject. Original Message----- From: Megan Hansen [mailto:mhansen@openspacetrust.org] Sent: Tuesday, November 27, 2007 10:07 AM To: Megan Hansen Subject: For Immediate Release: POST Adds 204 Acres to Coastal Open Space Above El Granada For Immediate Release Contact: Nina Nowak November 27, 2007 Director of Communications Phone: (650) 854-7696 nnowak@openspacetrust.org www.openspacetrust.org POST Adds 204 Acres to Coastal Open Space Above El Granada Palo Alto, Calif.) - Today the Peninsula Open Space Trust (POST) announced the purchase of 204 acres of hillside land near El Granada. The property is surrounded by the magnificent 4,262-acre Rancho Corral de Tierra property, acquired by POST in 2001, that is destined to become part of the Golden Gate National Recreation Area (GGNRA). This purchase helps complete an important and much larger conservation picture along this part of the San Mateo Coast," said POST President Audrey Rust. "It provides new options to connect Rancho Corral de Tierra to surrounding protected lands and greatly expands opportunities for the region's network of scenic hiking trails." In an agreement finalized November 19, POST bought the ridge-top property for $3 million from Daniel and Virginia Gregerson, who owned the land since the mid-1980s. The purchase fills in a natural gap along the eastern boundary of Rancho Corral de Tierra, which Congress voted to include within the GGNRA in 2005. POST is now working to secure $15 million in federal appropriations so it can transfer ownership of Rancho Corral de Tierra to the National Park Service, which owns and manages the GGNRA. The new acquisition by POST is visible not only from Rancho Corral de Tierra but also from San Francisco watershed land to the east and POST's 461-acre Wicklow property to the southwest. With more than 27,000 acres of protected open space in the area, this latest purchase helps prevent inappropriate development from occurring next to these sensitive natural lands. In addition to its strategic location, POST's newest property contains a portion of the Denniston Creek watershed as well as a tributary to Locks Creek in the Frenchman's Creek watershed. The land's natural resources are an extension of the unique and fragile habitats found on Rancho Corral de Tierra, where a number of threatened and endangered species have been documented. i POST is a leading private, nonprofit land trust dedicated to preserving the beauty, character and diversity of the San Francisco Peninsula landscape. Since its founding in 1977, the organization has been responsible for saving 60,000 acres as permanent open space and parkland in San Mateo, Santa Clara and Santa Cruz counties. i Originally part of the San lose Pueblo Lands Tract II, the property is located on Uvas Road, a county designated scenic road, in the rolling foothills of the Santa Cruz Mountains. The Blair family currently leases the land, protected under the Williamson Act, to a cow-calf operation for grazing. The dramatic terrain of buckling, windswept hillsides is studded with massive rocky outcroppings, including rare Morgan Hill Poppy Jasper, and gnarled, weathenworn oaks. The property's upper reaches present sweeping views of the Diablo Range to the east, Santa Cruz Mountains to the west, and the towns of Morgan Hill and Gilroy in the valley below. The diversity of life onthe land is extraordinary. Mountain lions, bobcats and black- tailed deer roam the hills, while rare and threatened species such as California red-legged frog, California tiger salamander and Baycheckerspnt butterfly have known habitat here. Nearly 50 species of birds-including golden eagles, great blue herons and wild turkeys-have been spotted nn the land. "Once protected, this property will expand the open space and wildlife corridor extending all the way from San lose toGilroy, setting the stage for e strategic balance between development and natural landscapes \n the ansa," said Rust. "POST isacting now to protect this land before it's too late. Once land like this is built up, there's no way to bring it back to its original natural state. Not only dothe animals lose out, people living here lose out, too, because views are ruined and the character of the landscape they know and love ie forever changed. POST is eager to work with property owners, farmers, ranchers, neighbors and anyone else interested in seeing these heritage landscapes protected for future generations to experience and enjoy." POST is a leading private, nonprofit land trust dedicated to preserving the beauty, character and diversity of the San Francisco Peninsula landscape. Since its founding /n1977, the organization has been responsible for saving 6D,DDO acres as permanent open space and parkland in San Mateo, Santa Clara and Santa Cruz counties. Palo Altc•Daily News Serving Atherton, East Palo Alto, Los Altos, Los Altos Hills, Menlo Park, Mountain View, Portola Valley, Stanford,Sunnyvale,V1 PALo ALTo DAILY NEWS Dec 12, 2007 Wednesday Dec 12 Exclusive rights r-t Foothills Park remains close to nonresidents lo By Kristina Peterson/Daily News Staff Writer wr Palo Alto's Foothills Park will remain exclusively for city residents after the Victor Maccharoli/Daily News council voted down a proposal this week to Katie Evans,left,and Amaretta Evans sit open its gates to local business owners. down to enjoy the view from Foothills Park on Tuesday afternoon.The Palo Alto City The council decided 6-3 Monday night to Council voted to keep the park exclusively reject the suggestion in a colleagues memo from council members LaDoris Cordell, for Palo Alto residents Monday night. Dena Mossar and Judy Kleinberg,citing the refusal of other cities to help pay for the park in 1959 and the need to protect the preserve from overuse. This is the one place in Palo Alto we reserve for Palo Altans because it's a nature preserve where the increased traffic would destroy that park,"Council Member Jack Morton said. Both Morton and Vice Mayor Larry Klein argued that distinguishing who exactly is a business owner could be difficult with publicly owned companies like Hewlett-Packard which has thousands of stockholders. This is an unworkable idea which would inevitably lead to full access,"Klein said. But Cordell said the existing policy, in which someone renting an apartment in Palo Alto can visit the park while a longtime business owner is barred entrance, "makes no sense." I just cannot believe that is fair and equitable,"said Cordell, noting that business owners contribute sales tax dollars to the city's coffers. Palo Alto already caps the number of visitors to Foothills Park. No more than 1,000 residents can visit the preserve at one time, according to municipal code,said Open Space Division Manager Greg Betts. The park typically has to turn away residents only once per year-on the Fourth of July, he said. During the month of July,a total of 13,782 people visited Foothills Park;earlier in December 2006, the park saw 10,002 visitors. Most weekdays, the number of park visitors ranges from 100 to 300 and usage increases on the weekends to between 100 and 1,000 visitors over the course of a day, Betts said. The park's 15 miles of trails include many"earthen, narrow trails bounded by fragile plants such as leatherwood,wildflowers and ferns," Betts said,adding that the potential for erosion is also a concern. However,there was similar consternation in September 2005 when a new trail connected the park with the Enid Pearson-Arastradero Preserve, ittp://www.paloaltodallynews.com/article/2007-12-12-pa-foothills Palo Alto Daily News Serving Atherton, East Palo Alto, Los Altos, Los Altos Hills, Menlo Park, Mountain View,Portola Valley, Stanford,Sunnyvale, \A PALO ALTO DAIT v NEWSJL_JJL W V Dec 12. 20O7 creating the potential for more people to hike into Foothills Park. he said. There were similar concerns about overuse,and wo haven't seen that no far, but we're continuing Uomon|0or'^Betts said. He said that while he knows of no parks with similar residency policies in the Bay Area, many parks charge entrance fees,which can also berestricting. Environmental agencies said on Tuesday that community use of open space areas rarely interferes with their preservation. s not normally that big of apmbk»m.^said Brian Schmidt, legislative advocate with the Committee for Green Foothills,which has not taken a position on the park'sadmission policy. With normal precautions,the public use and sensitive habitats can coexist,"said Schmidt,who noted that fragile ecosystems like wetlands can be fenced off when necessary. Britt, spokeswoman for the Midpeninsula Regional Open SDace Distric_t said her agency generally has little difficulty maintaining its multiple open space preserves around Foothills Park. Certain times ofthe year, such ao wildflower season,bring more visitors, but they tend Vube respectful of park rules, she said. in general,folks are oo appreciative0»have the open space land,there's not obig enforcement issue,"Britt said. E-mail Khnhnu Peterson atkpetenmn@daiKmewagmup.00m. tog For some people,it's a single-is- sue litmus test,"he said."I've had people walk out of coffees on me over that one." And all Espinosa said was that the voters—not the council—should decide the policy. That's about as close to the issue pattyflsher as most Palo Alto politicians are will- in my opinion ing to get. Cordell,an African-American who has championed civil rights causes, Parting shots has gotten nowhere with the Foot- hills issue during her four years on in war over the council.As recently as July,the council refused to look at opening Footh2]G J,a,,•], the park to Los Altos Hills residents G l /L in return for their help in paying for summer fire protection. No one thought La Doris Cordell Monday night,Cordell took one would go quietly. last shot,suggesting the city look at The outspoken former judge rYt admitting non-residents who own seems to be having a great deal of businesses in Palo Alto.Her col- fun during her last few meetings on leagues clearly weren't pleased. the Palo Alto City Council,tossing They characterized her proposal as out incendiary issue-bombs and an end-run,a hot potato,a foot in the watching them spark lively debates. door and several other pejorative cli- In October she proposed naming ches.The motion died on an 8-3 vote. City Hall Plaza after Dr.and Mrs. But not before Cordell made a plea Martin Luther King Jr,a motion to future council members to keep that was approved after an awkward the faith. discussion about whether the Kings The morning after the vote,Cor- were"local"enough to qualify for dell was philosophical."If I can't get such a high honor. the park open,so be it,"she said. Then Monday night,Cordell But I had hoped that rational people raised Palo Alto's mother-of-all con- would continue to discuss it." tentious issues,one that surfaces She says there's no data showing with such regularity that it's been that non-residents would destroy dubbed the city's Halley's Comet:Foothills Park.There would be ways opening Foothills Park—the city s to limit the number of visitors. exclusive nature preserve—to out- People say they go into our other siders. parks and they are filled with outsid- In a region honeycombed with ers,"she said."Yes?And?We don't open-space preserves and county want to mingle with people from oth- parks stretching from the baylands er cities because—why?" to the ocean,Foothills is the only res- idents-only public park to be found. Yet somehow that irony is lost on Maybe because they speak anoth- Palo Alto residents who can walk the er language.Or because they aren't Dish at Stanford or picnic at Shore- rich.Or because they hog the best line Park without having to show ID, picnic tables. yet cling to the notion that non-resi- Face it,the 50-year-old policy has dent riffraff would destroy the eco- always been elitist and ought to be logically fragile Foothills Park. re-examined.Most of the folks who voted to buy the park are long gone, Our private club'and many who have moved here find Cordell finds the policy distasteful- the policy absurd. ly exclusive and subtly racist. So I expect the issue will be back There's a perception in other on the agenda next year.And I ex- communities that this is our private pect Cordell will be leading the club,"she said Tuesday. charge from the sidelines. Anyone who even dares to bring As long as I'm living in Palo Alto," up the idea of opening the park is she said,"this one is not goingto go asking for a fight.Councilman-elect away." Sid Espinosa found that out when he ran for the first time this year. Contact Patty Fisher at pfisher@mercitrynews.com or 408)920-5852. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I TO: Board of Directors r FROM: L. Craig Britton, General Manager DATE: December 7 2007 RE: FYI's Ili I November 19, 2007 Jeanine Dewald Associate Wildlife Biologist California Department of Fish and Game Central Coast Region 20 Lower Ragsdale Drive Monterey, CA 93940 Subject: Annual Deer Surveys—Midpeninsula Regional Open Space District Dear Ms. Dewald: Please find enclosed a table and charts summarizing the 2007 counts of deer on preserves of the al en Spacece District and in the counties of San Mateo and Santa Clara,id eninsu la Regional O1VIpg P P California. The purpose of annual fall deer surveys is to track general trends in the deer population. The surveys are not an exact count of the herd as not all preserves are covered and surveys are conducted on consecutive nights in the fall rather than all at one time. The deer surveys are conducted during the rut in the first quarter to half moon phase in October and before heavy rains make roads undrivable. Surveys are started '/2 hour before sunset and continue until 1'/2 hours after sunset. Two observers drive slowly along designated routes using a 1- or 2- million candlepower spotting light and binoculars. The number of does, bucks, fawns and antler points on bucks are recorded. Observations of other wildlife are noted. The data is analyzed to determine the number of deer observed per mile driven and the number of deer observed per hour of observation. There was a slight increase in the total number of deer observed in 2007 (106) compared to 2006 (99). On La Honda Open Space Preserve, the greater number of deer observed/ mile and deer observed/ hour was likely due to the surveyors walking as opposed to driving the route this year to due oversaturated roads. In addition, Russian Ridge Open Space Preserve was not surveyed this year due to early rains that saturated the roads. Since ely, r Cindy Roessler Resource Management Specialist cc: Donald Kelly, CDFG-Yountville Attachments: All Preserves: Deer Observed/Mile, All Preserves: Deer Observed/Hour, MROSD Deer Survey Data Deer Surveys-Midpeninsula Regional Open Space District San Mateo and Santa Clara Counties,California Deer/Mile Deer/Mile Deer/Mile Deer/Mile Deer/Mi1e Deer/Mde Deer/Mile Deer/Mite Deer/Mile Deer/Mile Deer/Mile Deer/Mile Deer/Mile 1993 1994 1997 1998 19"2000 2001 2002 2003 2004 2005 2006 2007 Av ear.All Preserves 3.6 1.7 2.6 2.8 2.3 6.8 4.5 3.7 2.7 4.3 2.3 2.2 3.2 Fremont Older 0.7 1.6 1.5 5.0 3.6 1.5 5.7 L9 2.1 2.4 La Honda 2.3 2.1 1.5 2.0 3.1 0.0 14.0 Long Ridge 1.1 3.8 2.3 3.5 11 2.8 3.1 4.2 Monte Bello 0.4 2.3 0.9 0.9 1.7 1.3 1.9 061 2.9 2,6 1.6 2.4 Picchetti Ranch 4.8 17.5 6.3 5.81 1 L7 4.6 09 1.0 Rancho de Guadalupe 3.3 2.5 3.2 3.8 0.9 4.0 0.9 0.7 1.4 Rancho San Antonio 3.1 4.6 3.5 15.3 6.2 2.6 4.1 1.8 1.1 1.9 Russian Ridge 2.9 4.0 3.5 2.2 T7 4,1 2.0 3.3 3,2 3.4 Skyline Ridge 5.0 2.9 4.0 2.7 0.5 5.7 1.5 7.6 2.6 0.5 4.3 16.7 Windy Hill 2.7 1.3 3.6 5.0 3.1 Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour Deer/Hour 1993 1994 t997 1998 19"2000 2001 2002 2003 2004 2005 2006 2007 Avg/Year:All Preserves 8.3 8.0 I L0 10.9 9.7 21A 15.8 13.1 7.3 11.7 7.9 9.1 8.3 Fremont Older 4.0 6,7 9.6 15.5 12.8 5.6 12.0 6.9 6.9 12.0 La Honda 9.0 7,21 2.8 4.0 6.5 0.0 12.2 Long age 5.0 16.0 T I 119 9.0 8.2 15.0 11.2 Monte Bello 9.2 4.0 14.0 6.5 6,0 9.5 13.6 11.6 3.4 16.5 12.4 7.7 10.2 Picchetti Ranch 15.0 42.0 24.0 8.4 12.0 10.5 1.61 4.6 Rancho de Guadalupe 9.2 12.8 16.0 10.0 3.8 16.7 3.0 2.9 4.7 Rancho San Antonio 12.3 18.3 17.8 48.0 26,6 9.7 18.9 10.0 5.7 7.6 Russian Ridge 8.8 14.0 11.4 8.8 18.0 8.6 5.0 10.0 9.6 13.3 Skyline Ridge 6.7 12.0 16.0 13.3 2.8 12.0 3.8 17.5 6.2 1.0 17.0 8.0 Windy Hill 8.6 3.5 10.4 20.8 3.9 1993 1994 1997 1998 19"20M 2001 2002 2003 2004 2005 2006 2007 Total Deer:All Preserves 42.01 17.01 65.0 122.0 94.01 140.01 41.01 131.01 102.0 1".01 125.01 94.0 106.0 MROSD Deer Survey Data-All Preserves Page 1 of 1 11/28/2007 Deer Surveys- Midpeninsula Regional Open Space District San Mateo and Santa Clara Counties, California Average Number of Deer / Hour Surveyed: All Preserves 25.0 20.0 O 15.0 d 0 0 m E Z 10.0 a a 5.0 0.0 1993 1994 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 All Preserves: Deer Observed/Hour Page 1 of 1 11/28/2007 Deer Surveys - Midpeninsula Regional Open Space District San Mateo and Santa Clara Counties, California Average Number of Deer Observed / Mile Surveyed: All Preserves 8.0 - i 7.0 6.0 i I m 5.0 L 0 4.0 Q 3.0 - 2.0 1.0 0.0 1993 1994 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 All Preserves: Deer Observed/Mile Page 1 of 1 11/28/2007 Regional Open Sp, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 29, 2007 Ms. Dana Peak Historical Heritage Coordinator County of Santa Clara, Planning Office 70 West Hedding Street 7 th Floor, East Wing San Jose, CA 95110 Dear Ms. Peak, The Midpeninsula Regional Open Space District is pleased to submit a proposal for Historical Project Funding for a Conditions Assessment for the former Alma College site at the 1,345-acre Bear Creek Redwoods Open Space Preserve outside of Los Gatos. This site has a long and varied history. Alma College was the first Jesuit theological seminary on the West Coast, in operation from 1934 to 1969. Before the college, the site was a sawmill site in the 1850s and home to the estates of wealthy San Francisco industrialists from the late 1880s to the early 1930s. The site still retains historic structures and landscape features that evoke this history and provide a wonderful opportunity for public interpretation. The property is listed on the Santa Clara County Heritage Resources Inventory. In order to understand the scope of work to preserve and responsibly open the site to public use, it is necessary for the District to conduct a thorough assessment of the buildings' condition and develop treatment recommendations. This project is urgently needed to prevent the further deterioration of the Alma College structures and landscape. This site represents several important trends in the history of Santa Clara County and would be of great public benefit. The District has successfully conducted a number of historic preservation projects, including the Picchetti Winery Seismic Upgrade Project, completed in 2007, and the restoration of the historic Red Barn in La Honda Creek Open Space Preserve in 2002. In the past, the Historical Heritage Commission has contributed funding to the District's efforts to save historical resources at Picchetti Ranch and Rancho San Antonio Open Space Preserves, and I hope you will do so again by providing funding for preservation planning for the Alma College site. Thank you for your consideration of this request. Please contact Erica Simmons, Planning Technician, if you have any questions about this proposed project. Sincerely, L. Craig Britton, General Manager LCB:es cc: MROSD Board of Directors 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Lorry Hassett,Kenneth C.Nitz L.Craig Britton Regional Open Spade MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 35 YEARS OF OPEN SPACE PRESERVATION INTER-OFFICE MEMORANDUM II To:C. Britton, General Manager From: M. Williams, Real Property Manager Date: November 21,2007 Subject: Bahram and Anne Behroozi Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on November 16, 2007 and title to and possession of this 71.34 -acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. I am not aware of any use and management concerns that were not addressed in the staff Report to the Board. The close of escrow marks the final adoption of the Preliminary Use and Management Plan recommendation, approved by the Board of Directors at its meeting of November 14, 2007. DEDICATION&AC UISITION INFORMATION Preserve County Ownership Status; Board Approval Date& Grantor Acres (Fee,Easement,Lease, Resolution Number or Area A.P.N. Mgmt Agreement) General Manager Approval Date Santa Clara County November 14,2007 Sierra Azul Open Behram and Space Preserve 53 537-09-006 7-32-002 and Anne Behroozi 7 L34 Fee Resolution number 37-09-0 07-28 i Dedication Date I y Mgmt.Status; Closing Date (Open,Closed,CMU, Status(Intended' Type Purchase Price GIS Code or Other) or Withheld) I November 16,2007 Closed Withheld Purchase 0,525,000 Misc.Notes: cc: Board of Directors Administration Accounting Operations&Field Offices Planning Public Affairs 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos cA 94ozz-14o4 650-691-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton Regional Open Spi MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 29, 2007 Ms. Dana Peak Historical Heritage Coordinator County of Santa Clara, Planning Office 70 West Hedding Street 7` h Floor, East Wing San Jose, CA 9511.0 i Dear Ms. Peak, The Midpeninsula Regional Open Space District is pleased to submit a proposal for Historical Project Funding for a Conditions Assessment for the former Alma College site at the 1,345-acre Bear Creek Redwoods Open Space Preserve outside of Los Gatos. This site has a long and varied history. Alma College was the first Jesuit theological seminary on the West Coast, in operation from 1934 to 1969. Before the college, the site was a sawmill site in the 1850s and home to the estates of wealthy San Francisco industrialists from the late 1880s to the early 1930s. The site still retains historic structures and landscape features that evoke this history and provide a wonderful opportunity for public interpretation. The property is listed on the Santa Clara County Heritage Resources Inventory. In order to understand the scope of work to preserve and responsibly open the site to public use, it is necessary for the District to conduct a thorough assessment of the buildings' condition and develop treatment recommendations. This project is urgently needed to prevent the further deterioration of the Alma College structures and landscape. This site represents several important trends in the history of Santa Clara County and would be of great public benefit. The District has successfully conducted a number of historic preservation projects, including the Picchetti Winery Seismic Upgrade Project, completed in 2007, and the restoration of the historic Red Bann in La Honda Creek Open Space Preserve in 2002. In the past, the Historical Heritage Commission has contributed funding to the District's efforts to save historical resources at Picchetti Ranch and Rancho San Antonio Open Space Preserves, and I hope you will do so again a for the Alma College site.b providing funding for reservation planning o CYpggpPg g Thank you for your consideration of this request. Please contact Erica Simmons, Planning Technician, if you have any questions about this proposed project. Sincerely, L. Craig Britton, General Manager LCB:es cc: MROSD Board of Directors 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Larry Hassett,Kenneth C Nitz L.Craig Britton Regional Open Spa ~ 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 35 YEARS OF OPEN SPACE PRESERVATION I November 28, 2007 Ms. Lisa Killough, Director Santa Clara County Parks and Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 RE: Appreciation for use of no-till drill in reseeding project Dear Ms. Killough, On behalf of the entire Midpeninsula Regional Open Space District (District) staff and Board of Directors, I would like to extend our sincere appreciation for the loan of the County's no-till drill. Your staff members, Don Rocha and Karen Cotter, were extremely accommodating, and helped our District staff gain critical experience in the transport, use, and maintenance of the drill. Karen, in particular, made herself available to help District staff on very short notice. This enabled us to quickly seed over three acres of our Russian Ridge burn site with native grass seed. Thank you again for the spirit of cooperation you have shown in extending your staff and equipment to the District. We look forward to working with your staff on future projects, such as the monitoring and treatment of Sudden Oak Death. Sincey,I, L. Crai g Britton General Manager cc: Midpeninsula Regional Open Space District David Sanguinetti 33o Distel Circle 650-691-1200 info@openspace.org B OA R D 0 F D I R E CT 0 R 5:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nonette Honko,Larry Hossett,Kenneth C.Nitz L.Craig Britton 4CIRegionalOpenSpa November 27, 2007 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Doug Bosco, Chair CELEBRATING 35 YEARS OF OPEN SPACE PRESERVATION Coastal Conservancy 1330 Broadway, 13th Floor Oakland, CA 94612 Re: Blair Property, Santa Clara County Dear Mr. Bosco: On behalf of Midpeninsula Regional Open Space District, I am writing to support the proposal by the Peninsula Open Space Trust (POST) for a grant from the Coastal Conservancy to protect Blair Ranch that is located near Morgan Hill in Santa Clara County. This region is increasingly under pressure of development. A direct transfer of the land to the Santa Clara County Open Space Authority (SCCOSA), POST and the Coastal Conservancy will facilitate the permanent protection of this beautiful and ecologically unique landscape. Protecting Blair Ranch is part of a long- range vision to secure open space that will have dramatic and beneficial effects for the entire South Bay. This land is vital to the community as it provides an important connection to already nearly 6,000 acres of existing parks. By providing potential trail linkages with already existing open spaces, Blair Ranch augments existing parks while setting a precedent for land conservation in an area increasingly threatenedalsosegpgy by development. The protection of this cornerstone property will expand a regional park system that preserves the disappearing wildlife habitat and landscape of the South Bay. Furthermore, the protection of this property opens the way for future parks projects in this region and supports the conservation objectives of multiple agencies. With its rolling hills, oak woodlands and unique geology, Blair Ranch is remblematicofaruralCalifornianlandscapeandItsdiverseecology. 1 urge you to support this important land conservation accomplishment and encourage you to approve POST's proposal to protect Blair Ranch. Sin erely, L. Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94042 cc: Midpeninsula Regional Open Space District Board of Directors Jeff Melby, Project Manager, California Coastal Conservancy 33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton Original Message--- Fromm: Megan Hansen [maiho:nnhansen@openspacetnust.org] Sent: Friday, Novennber]O, 20078:55Ay4 To: Megan Hansen Subject: For Immediate Release: POST to Protect Historic 868-acne Ranch in Morgan Hill For Immediate Release Contact: Nina Nowak November 3O, 2OO7 Director ofCommunications Phone: (650) 854'7696 nnowak@openspacetrust.org www.openspacetrust.org POST to Protect Historic 868.~acre Ranch in 0 N Hillm-m AnticipatedmPu smS J e n ent Expansion e m 8 Palo Alto, Ce8if.) - Ina major push for land protection in the western hillsides nf south Santa Clara County, the Peninsula Open Space Trust (POST) announced today that it has reached an agreement with a longtime ranching family to protect scenic868-acre property in Morgan Hill. The proposed purchase, to be completed in March 2008, signals significant expansion of POST's conservation work in South County and introduces an effective land trust partner with whom local landowners can save agricultural and open space properties from rapidly encroaching development. The pressure to build luxury ranchettes and private estates in the western hills of south Santa Clara County is intense. This project will bea dramatic leap forward for conservation here," said POST President Audrey Rust. ^VVe recognize the urgent need to step up strategic planning and action in this part of the county. With proposed development in Coyote Valley just minutes away, it is critical that we act now to protect open space, agricultural lands, wildlife habitat and scenic views in the surrounding area. With support from community members, POST, collaborating with public agency partners, will be able to lead the way." POST plans to buy the property for $0.68 million from the Blair family, which has owned it since the 1950s. Immediately upon dnae of escrow, ownership of the (and will likely transfer to the Santa Clara County Open Space Authority. Funding for the purchase will come from several sources, including the Open Space Authority, a $Z million grant from the Gordon and Betty Moore Foundation as well as possible funding from the California Coastal Conservancy. The Open Space Authority will likely incorporate the property into the adjacent Rancho Cahada del Oro Open Space Preserve. The public agency purchased a portion of the land for the preserve in 2003 from POST. The proposed addition would help create a future trail and wildlife corridor weaving through SierraAzu| Open Space Preserve and Ca|aro, Uvas Reservoir, Uvas Canyon and Almaden Quicksilver county parks. Without this newest property protected, linking these parks and preserves would be difficult, and the public would lose the chance one day to hike continuously through these exhilarating South County landscapes. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: December 12, 2007 (AMENDED) RE: FYI's MEMORANDUM December 11, 2007 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Monthly and Quarterly Investment and Security Transaction Report Attached is the District's current portfolio of cash investments. All reserve and program funds established pursuant to public debt issues continue to be invested through the offices of the designated trustees. All instruments are in compliance with our latest Statement of Investment Policy, last approved on January 10, 2007. The District receives and maintains complete monthly reports of all investments managed by bond trustees. Santa Clara County last reported the pooled fund yield at 5.06% as of September 30, 2007. This yield is above market rates. On December 5, the county treasurer confirmed that the county fund contains no "structured investment vehicles, or SIVs," which have so damaged the viability of the Florida State Investment Pool. The State of California reported the LAW yield at 4.96% as of November 30. On November 7, a maturing discount note in the amount of$5.8 million was rolled over into our LAIF account. Our cash position, together with estimated near-term revenues, is adequate to cover cash requirements over the next six months. Enclosure cc: B. Congdon C. Britton Auditor MROSD INVESTMENT PORTFOLIO—November 30,2007 ISSUE SANTA CLARA COUNTY POOLED 18,257,355 INVESTMENT FUND(5.06%on 9/30/07) per 11/30/07 General Ledger Account Analysis. Local Agency Investment Fund (4.96% on 1 1/30/07) per 10/30/07 statement 10,722,537 General Electric Commercial Paper(A]+) 4,253,896 Due 3/31/08 yielding 4.84%, market value as of 11/30/07 $4,265,726 Federal Home Loan Discount Note (AAA) 2,353,882 Due 3/14/08 yielding 4.69%, market value as of 11/30/07 $2,379,345 Certificate of Deposit at Mid-Peninsula Bank 500,000 Due 12/28/07 yielding 5.00%, market value as of 9/28/07 $505,539 2004 REVENUE BOND RESERVE FUND 1,428,392 Managed by Trustee BNY Western Trust Co. Guaranteed investment contract yielding 4.94%. As of November 30, 2007, BNY and MBIA report par value of$1,428,392, market value of$1,446,348 and maturity date of 4/l/34. Reserve requirement is $1,393,435. TOTAL s3,516.>Q 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Kristi Britt December 10, 2007 Public Affairs Specialist 650)691-1200 RECRUITMENT PERIOD OPEN FOR OPEN SPACE DISTRICT GENERAL MANAGER LOS ALTOS, CA [December 10, 2007]—The recruitment period for the Midpeninsula Regional Open Space District General Manager position is now open. The resume filing deadline is Friday, January 4, 2008. The General Manager opportunity is available due to the upcoming retirement of Craig Britton, who has served as a highly effective and respected General Manager since 1992 and has been with the District for 30 years. I always had in mind that the District would have at least 60,000 acres preserved before my retirement, but with nearly 56,000 acres protected—and an additional 4,000 acres on the horizon, I've decided now is the time for a change of the greenbelt guard," said Craig Britton, General Manager. The leadership style of the ideal candidate for General Manager has been described by the District's Board of Directors and staff as inspirational, visionary, supportive, and strong. Desired style/traits include strong interpersonal skills —an articulate communicator and an effective listener; sense of humor; a "people" person; high integrity and ethical standards; creative thinker and proactive problem solver; willing to compromise and try new things; embraces measured risk. The General Manager will partner in a collegial fashion with the Board of Directors, provide sound recommendations and alternatives for consideration in policy setting, and understand his/her role in carrying Out policy once Board decisions are made. In addition, the General Manager will have a finger on the pulse of the region and will work effectively with the District's state and federal legislators, the general public, and consultants. To apply for this outstanding career opportunity, interested individuals should send a resume and cover letter electronically by Friday, January 4, 2008 to the executive search firm: Peckham & McKenney apply L&peckharnandmckenney.con 866) 912-1919 4# Created by voters more than 30 years ago, the Midoeninsula Regional Open Space District has successfully protected and managed over 55,000 acres of'open space. The public enjoys the Districts diverse and beautiful preserves 365 days a year. The District is an independent, non-enterprise, California special district whose mission is to acquire and preserve a regional greenbelt ql'open space land in perpetuity,protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education. wwijiy.opensp)ace-.org, Sempervirens Fund sells educational property to CA State Parks NEWS RELEASE December 6, 2007 Contact: Brian Steen bsteen(c-D-sempervirens.org 650-968-4509 www.sempervirens.org Sempervirens Fund has just sold the 17 acre Saddle Mountain property to California State Parks as an addition to Big Basin Redwoods State Park. Located 6.5 miles southwest of Boulder Creek on Highway 236, Sempervirens has owned this property, a former motel and restaurant, since 1999. Since 2001, the site has been leased to Exploring New Horizons (ENH) a nonprofit for- public-benefit corporation www.exploringnewhorizons.org specializing in environmental education and dedicated to enriching the lives of students through hands-on and activity- based learning. Brian Steen, Executive Director of the Fund stated, "This has been one of Sempervirens best projects ever. We were able to secure this property for future public use and provide a spot for thousands of students to learn first hand about the redwood forest environment. " Over 10,000 sixth grade students have spent a week in residence learning about the redwood forests and taking field trips to other Santa Cruz County spots to learn about marine and other ecosystems. Tracey Weiss, Executive Director of Exploring New Horizons explained, "Exploring New Horizons has been incredibly fortunate to partner with some great people and organizations. We enjoyed our partnership with the Sempervirens Fund, and we are looking forward to the new relationship with State Parks to continue offering dynamic hands-on exploration the staff of Biofthenaturalworld. Working with g Basin Redwood State Park will increase the numerous teaching opportunities and provide a rich learning laboratory for our schools and students. " With this sale, ENH will continue its environmental education activities for at least another five years thanks to the willingness of State Parks to continue the educational use of the property. Bill Dall, acting Superintendent of Santa Cruz District State Parks said: "We are very pleased to have this critically important property added to Big Basin Redwood State Park. The acquisition of the Saddle Mountain Camp by the Sempervirens Fund in partnership with California State Parks also contributes to the fact that ninety eight (98) % of the Big Basin Watershed is now in public ownership. The future use and planning of this property will be part of the on-going General Plan Process for Big Basin Redwood State Park. Sempervirens Fund, founded in 1900, is California's oldest land conservancy. Its purpose has remained the same for over a century: To preserve and protect the natural character of California's Santa Cruz Mountains and to encourage appropriate public enjoyment of this environment" Regional Open SpOce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 7, 2007 James W. Meakin 825 Barroilhet Avenue Hillsborough CA 9401-6552 Re: Response to Pulgas Ridge Parking Request for"Off Leash Dog Area" Dear Mr. Meakin, I am pleased to hear that you are enjoying the"Dog Off Leash Area"at Pulgas Ridge Open Space Preserve as our Field Staff takes pride in maintaining it for public use. I understand your desire for parking along the service road that goes up along the Corrdilleras Trail. However,the service road belongs to the San Francisco Public Utilities Commission and the District has an easement for vehicular patrol and maintenance use only. We cannot allow public use by vehicles on the road for parking or access,only for hiking on the Corrdilleras Trail that parallels the service road. As such,the closest parking location the District could provide for preserve access is just past the service road driveway near the Redwood Center on Edmunds Road. The Blue Oak Trail requires 4 tenths(A mile)of a mile of hiking to the"Dog Off Leash Area"which is 2 tenths (.2 mile) of a mile longer than if you were able to park along the service road near District Gate PR02. I hope this will not deter you from taking the extra time required for you and your dog to continue enjoying the"Dog Off Leash Area"at Pulgas Ridge. Thank you for understanding. Sincerely, 74 David Sanguinetti Operations Manager Cc: MROSD Board of Directors MROSD General Manager,L. Craig Britton 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER* Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nanette Hanko,Lorry Hassett,Kenneth C.Nitz L.Craig Britton James W. Meakin November 23, 2007 Mid-Peninsula Regional Open Space District 330 Distel Circle WIV 2 6 2657 Los Altos CA 94022-1404 Dear Sir or Madam: I take my dog to the Pulgas Ridge off-leash area about three times a week. It's by far the best place to let dogs run free, which is a necessity for my dog. I am very thankful that you recently increased the off-leash area. My I offer another suggestion I think would improve this area? At present the only parking area is near the Redwood Center which requires a I 0-minute walk with a leashed dog to the off-leash area no matter what route you take. However, there is plenty of room for parking off the paved road northwest of the Redwood Center at the point where the road turns left and starts up the hill. If we could park there, a I 0-minute walk would be reduced to one or two minutes to reach the off- leash area, saving about 20 minutes per visit. Thank you for considering this suggestion. I feel it's a reasonable request and hope you agree. Sincerely, 825 Barroilhet Avenue Hillsborough CA 94010-6552 Phone 650 344 0814 Fax 650 347 6294 Email jwm825@yahoo.com Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Kristi Britt October 24, 2007 Public Affairs Specialist 650)691-1200 FIRE EXPERTS AND PUBLIC TO HELP DISTRICT DEVELOP WILDLAND FIRE MANAGEMENT POLICY District Seeks Input to Develop a Robust and Effective Policy — LOS ALTOS, CA [October 24, 2007] — Fire experts from two California state agencies and noted wildland fire and resource management specialist Carol Rice will advise the Midpeninsula Regional Open Space District in a November 6, 2007 public meeting on best ways to develop a robust and effective wildland fire management policy. Topics to be discussed include current fire management practices and capabilities, agency responsibilities, local, regional, and state fire response planning efforts, as well as fuel and fire behavior modeling. The District invites members of the public to attend the study session and provide input. The meeting time and location are as follows: Tuesday, November 6, 2007 6:30 p.m. Hillview Community Center Multi-Purpose Room 97 Hillview Avenue Los Altos, CA 94022 Panelists include: Darrell Wolf, Battalion Chief, CAI, FIRE Chris Spohrer, Resource Ecologist, California State Parks Carol Rice, Wildland Fire Consultant, Wildland Resource Management David Sanguinetti, Operations Manager, Midpeninsula Regional Open Space District District fire management activities currently include maintaining a series of disc lines, brushing vegetation away from roads and trails, maintaining roads for emergency access, clearing vegetation from District structures and, on occasion, adjacent neighboring properties. The District has a number of firefighting vehicles and regularly trains its firefighters. In addition, the District participates in regional fire plans, "firesafe councils," and Community Wildfire Protection Plans. The District also coordinates with local fire agencies on controlled bums. Critical focal points for fire planning are areas where residential developments exist immediately adjacent to or nearby District preserves. At the November 6 public meeting, issues for discussion include creating clearance zones around residential structures and access roads, emergency escape Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT routes and fire equipment access, and residential fire infrastructure such as water tanks, fire hydrants, sprinklers, roofing material, etc. The District Wildland Fire Management Policy is part of a comprehensive Resource Management Policy. A Draft Fire Policy resulting from this study session is anticipated for public review in early 2008 and will be available on the District's Web site www.openspace.orgy. The Policy will be eligible for tentative adoption by the Board later next year. Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has successfully protected and managed more than 55,000 acres of open space. The public enjoys the Districts diverse and beautiful preserves 365 days a year. The District is an independent, non-enterprise, California special district whose 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 ecologicalhy sensitive public enjoyment and education. www.openspace.org MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Kristi Britt October 25, 2007 Public Affairs Specialist 650)691-1200 DISTRICT ANNOUNCES REINTRODUCTION OF GRAZING AT SKYLINE RIDGE PRESERVE Solicitation of Grazing Tenants Proposals Also Requested LOS ALTOS, CA [October 25, 2007] —Grazing cattle will soon return to the grasslands of the former Big Dipper and Silva Ranches, which now comprise a portion of the Skyline Ridge Open Space Preserve. The Midpeninsula Regional Open Space District announced at its Board meeting last night the adoption of an Amendment to the Use and Management Plan to reintroduce grazing on the Preserve, and the solicitation of proposals for grazing tenants. Unlike the grazing operations of centuries past, the District's Grazing Management Plan is an encompassing guide to conservation grazing that is customized to suit the management needs of the Big Dipper and Silva Ranches and designed to be ecologically sound. -With proper management, grazing has proven to be one of the few effective tools available to public agencies for managing expansive tracts of grassland," said Kirk Lenington, Resource Planner for the District. "Cattle preferentially feed on non-native grasses, providing greater opportunity for native vegetation to grow. Grazing also helps manage vegetative fuel for fire prevention." The former Big Dipper and Silva Ranches encompass 995 acres, and were managed as two separate ranches for much of the last century. About a quarter(240 acres) of the land area on the Ranches is rolling hillside grasslands, which have been grazed by cattle beginning in the 1920s. The District's resource management goals for the Grazing Management Plan at the Big Dipper and Silva Ranches are to manage cattle grazing in a manner that is compatible with public access, maintains and enhances the diversity of native plant and animal communities, helps sustain the local agricultural economy, and fosters appreciation for the region's rural agricultural heritage. New research confirms that carefully managed grazing operations can help land management agencies meet their resource conservation goals. The cattle will be carefully monitored and rotated between pastures to reduce the potential for inappropriate or erosive grazing, or impeding the growth of native wildflowers and grasses," said Lenington. Interested parties submitting a proposal for the Skyline Ridge Open Space Preserve grazing tenancy must meet the District's requirements for experience, resource management goals, references, and cost. In adherence to the District's Grazing Management Policy, preference will be given to local ranchers. The request for proposal submission deadline is Monday, November 19, 2007. The District will review the proposals and announce their selections the first week of December 2007. Created by voters more than 3, . -ars ago, the Midpeninsula Regional Ope, ,ace District has successfully protected and managed more than 55,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a year. The District is an independent, non-enterprise, California special district whose 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. wwiv.openspace.org MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Kristi Britt November 15, 2007 Public Affairs Specialist 650)691-1200 DISTRICT LAUNCHES GRANTS PROGRAM FOR RESOURCE MANAGEMENT., AWARDS FIRST GRANT LOS ALTOS, CA [November 15, 2007] —Funding for scientific research on Midpeninsula Regional Open Space District preserves received a boost Wednesday night with the District's launch of a Small Grants Program for academic research studies related to natural resource management. A key goal of the applied research grant program is to develop and strengthen local partnerships with researchers and academic institutions; the District also announced the recipient of the Program's first grant. The Resource Management Small Grants Program supports research to further the District's mission of protecting and restoring the natural environment, while also advancing scientific understanding of natural processes for the greater scientific community," said Kirk Lenington, Resource Planner for the District. The Program's first grant recipient is Deborah Gordon, Professor of Biological Sciences at Stanford University. The District awarded Gordon $25,000 over the next five years to study the spread of the Argentine ant and develop a management plan for mitigating the effects of this invasive species on native plants and animals. A private contributor, requesting to remain anonymous, contacted the District to provide an additional $10,000 toward Gordon's study and increase the overall grant total to $3 5,000. The annual budget for the Small Grants Program is capped at $25,000 per year. Funding for any single research project may not exceed $5,000 per year. Multi-year projects will be considered, however, funding may not exceed $25,000 over five consecutive years. Another key provision of the Small Grants Program is that research proposals be sponsored by a faculty member of an accredited academic research institution. Solicitation for research proposals for the Small Grants Program will be conducted once a year. The District anticipates releasing a Request for Proposals in early 2008. For more information about the District's Small Grants Program, please call (650) 691-1200. Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has successfully protected and managed over 55,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a year. The District is an independent, non-enterprise, California special district whose 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. wivw.openspace.or- U J U^ U o nwm" ^ n" . xvw-,n~v, ^"_ OPEN SPACE DISTRICT For Immediate Release Contact: KrimdBritt November 2|, 20O7 Public Affairs Specialist 650)601-1200 U U n ^ oDISTRICTn`o m HOSTS wm- u HOUSE FOR PLANNING u 'u m w m u u u uu m` Draft Recommendations for Natural Resource Management and Public Access Released LOS ALTOS,CA [Nmernber2l, 2007] -The Midpeninsula Regional Open Space District will host an Open House on Tuesday, December 4,2007 beginning o14:0Up.m. o1 The Mountain Tcrnacercmuu/uuuinWowdsideio provide an opportunity for members of the public to learn about the District's draft recommendations for resource protection and visitor-use for the nearly 5,800-acre La Honda Creek Open Space Preserve. In 2004,the District kicked off the master planning process for the La Honda Creek Open Space Preserve with two community workshops before the p 'ectvvuspostponedincur|y2OU5tma||owfbrtbepurckumeundin\egrutionof the 3,6O|-auocDriscoll Ranch property into the preserve. With the integration ofDriscoll Ranch, the LaHonda Creek Preserve now encompasses close to 5,800 acres to fbnu the |mr9 em1 District preserve in San MateoCounty. Resuming the planning process, participants learned about existing conditions on Driscoll Ranch at a November 2006 public workshop in addition to new challenges and opportunities resulting from the addition of a working ranch to the preserve. Based on tile public's input and extensive research the District has prepared a Draft Plan with recommendations to protect and restore the natural and cultural resources and allow visitor access. "Our recommendations for managing the preserve and providing public uuuemm remain true tothe District's ruismion and incorporate many wfthe comments and ideas we've collected from neighbors, agencies, preserve users, and local organizations," said Ana Ruiz, the District's Senior Planner. "We encourage everyone to 'oin us at this event 10 preview the Draft Plan, provide early input 10 the District's project teum, undumkusques|ionauhoutunyof/hcnccommmnendatioou." Details of the Open House are ua K»||on/a: Tuesday, December 4, 2007 from 4:00 p.mm.-7:00 p.m. The Mountain Terrace, Woodside, CA 94062 Sonne key issues the Master Plan will address include continued and expanded conservation grazing,the ongoing Driscoll Ranch lease, and the restoration and enhancement of endangered species habitat throughout La Honda Creek Open Space Preserve. Other considerations include an expanded trail system, creation of regional trail corridors, historic facilities, and public parking areas. La Honda Creek Open Space Preserve stretches from Skyline Boulevard in the north,to tile community of La Honda in the south. The northern half of the preserve, which was purchased by the District in 1985, is open to the public through a parking pen-nit system. The preserve encompasses rolling grasslands and redwood forests, including old-growth trees and year-round streams that provide habitat for threatened steelhead trout. One of the i most visible features on the preserve is the historic "red barn" which is located just off Highway 84 north of the Town of La Honda. More information about the La Honda Creek Master Plan and the Preserve are available on the District's Web site at www.opqnp Ac".or . Questions or comments can be directed to Ana Ruiz, Project Planner, via email to lahondarnasterplan nyovenspace.org or by phone at 650-691-1200. Created by voters more than 35 years ago, the Miapeninsula Regional Open Space District has successfully protected and managed over 55,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a year. The District is an independent, non-enterprise, California special district whose mission is to acquire andpreserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment, and provide opportunities for ecologically sensitive public eqioyinent and education. www.openspace.org. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memomd= To: Board of Directors, Managers, Superv* rs, and Office Staff From: L Craig Britton, Genera r Date: December l2, 2007 Re: Holiday Schedule for 2O0# Pursuant toSection \.90of the Board's Rules u[Procedure and Policy 7, Section 7.l of the Personnel Policies and Procedures Manual, the following holidays will he observed for 2008. The District Administrative Office will 6e closed on these holidays. NOTE: The Administration Office will also be closed from December%2-December 27,2000, Tuesday January New Year's Day Monday January 2/ Martin Luther King,Jr. Day Monday February 10 Presidents' Day Mnnday __ _May2b Memorial Day i Friday July Independence Day Monday September l Labor Day Tuesday November I Veteran's Day Thursday- -- Non/emober27 --'--- Thanksgiving Day Friday Novcmnbcc28 Day after Thanksgiving Wednesday Dccemnher24** Christmas Eve Thursday I}ocemher25 Christmas Day Per article I of the Memorandum of Agreement, bargaining unit members mhuJ| observe the Cesar Chavez holiday in lieu of Columbus Day. Bargaining Unit members include ()87, Lcud {)ST, Ranger, Farm Maintenance Worker, and Equipment Mechanic Operator. In addition, the Supervising Rangers and Maintenance and Construction Supervisors will also observe the holiday: Monday _ . Morch3\ Cesar Chavez Day Pursuant to Section 6.2(d)of the Personnel Policies and Procedures Manual,any holiday that falls on uSumrday yhu}| be observed on the previous Friday,and any holiday that falls onuSunday obo\|he observed on the following Monday, Last hours ofworkday for represented employees, Supervising Rungen,and Maintenance and Construction Supervisors Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Moroi dm To: Board of Directors, Managers, Superv' ors, and Office Staff From: L. Craig Britton, Genera aget Date: December 12, 2007 Re: Holiday Schedule for 2008 Pursuant to Section 1.90 of the Board's Rules of Procedure and Policy 7, Section 7.1 of the Personnel Policies and Procedures Manual, the following holidays will be observed for 2008. The District Administrative Office will be closed on these holidays. NOTE: The Administration Office will also be closed from December 22—December 27,2008. Tuesday January I New Year's Day Monday January 21 Martin Luther King, Jr. Day Monday February 18 Presidents Day Monday May 26 Memorial Da Friday July 4 Independence Day Monday September 1 Labor Day Tuesday November 1 I Veteran's Day Thursday November 27 Thanksgiving Day Friday November 28 Day after Thanksgiving Wednesday December 24** Christmas Eve Thursday December 25 Christmas Day Per article I 1 of the Memorandum of Agreement, bargaining unit members shall observe the Cesar Chavez holiday in lieu of Columbus Day. Bargaining Unit members include OST, Lead OST, Ranger, Farm Maintenance Worker, and Equipment Mechanic Operator. In addition, the Supervising Rangers and Maintenance and Construction Supervisors will also observe the holiday: Monday March 31 Cesar Chavez Day I Pursuant to Section 6.2(d)of the Personnel Policies and Procedures Manual,any holiday that falls on a Saturday shall be observed on the previous Friday,and any holiday that falls on a Sunday shall be observed on the following Monday. Last 4 hours of workday for represented employees, Supervising Rangers, and Maintenance and Construction Supervisors I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I OCT 23 Z Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: March 14, 2007 RE: FYI's i EDGEWOOD COUNTY PARK AND NATURAL PRESERVE 1 The serpentine grasslands of Edgewood Park and v Natural Preserve are famous for their magnificent displays of wildflowers each spring. The Park's 467 acres of woodlands and grasslands afford wonderful ehikingandsightseeingopportunities. po,-S r BENEFITING COUNTY PARKS SAN MATEO COUNTY PARKS Indian Wai-fior blooming on the Sylvan •• • in Edgewood Park" Card Design by SWIN Road, San Mateo County Parks and Recreation Foundation 215 Bay Menlo Park, CA 94025 1/321-5812 www.SupportParks.org f,eucr From California: In the Kingdom of the Garage Door Opener - New York Tinies Page I of.' Co-he Nott Mork Elim" March 13, 2007 Letter From California: In the Kingdom of the Garage Door Opener ByVERLYN KIANKENBORG I am sitting on the front porch of my father's house in a small town in the heart of California's almond Country. It will be 8o today, the first day of daylight saving tirne. I have been watching the park across the street for hours. I can hear the delayed irregular heartbeat of a basketball game on the far side, all the slap gone out of the ball at this distance. A young boy pedals his bicycle across the lawn, and I suddenly remember how reluctant a bicycle feels on grass, how hard it is to urge it forward. A girl —just barely a teenager — walks to the diamond to practice softball with her father. On the way, she walks a dozen feet behind him. On the way home, she walks half a block ahead. He is a terrible pitcher. The horizon across the park is a line of cement the rooftops. Beyond them, the almond groves begin, invisible from here but discernible nonetheless. Everything would feel different if those almond groves weren't there, if the houses went on and on, as they tend to do in this state, until they terminate in a parking lot or a freeway. The houses across the park, a decade old, would be nearly identical if they weren't so intently Lin-uniform, gables here, a mansard roof there, and front doors in every degree of involution. This is a quiet neighborhood in a quiet town. Every now and then a car passes — nearly always an S.U.V. roaring like a jet — and a garage door opens automatically and the S.U.V. is ingested, after spilling the children onto the driveway: a boy with a bat, a girl with a jump-rope, a younger sister with a pink baseball glove. Toward sunset, in\,dad and I go for a drive west of town, into the glare of the sun, which is lying just above the tops of the evenly pruned orchards. On the way to the country, we pass through the new part of town, the rich part, where the houses are nearly new, monuments in the architecture of encrustation. They look like fortresses facing each other across the street or, taking each one on its own, like something you might find on the turquoise gravel of a starter littp://www.nytinies.com/2007/03/13/opinionll 31tuc3.htLn1?e1=5070&en=I e8cc0 I I c747cdT.. 3/13/2007 I,,-tter From California: In the Kingdom of the Garage Door Opener - New York Times Page 2 ot'3 aquarium next to a treasure chest sending up a stream of bubbles. The front yard has vanished in this neighborhood. There is instead a paved forecourt for cars and a hangar-size garage. It is as if the vehicles that occupy these driveways decided to build nice living quarters for the people who operate them. Where the houses stop, the orchards begin. The almonds are just past full blossom and beginning to drop their petals. I always drive through these orchards with a sense of wonder. The whole world has been ruled into lines of perspective. But these are not tall trees, and the almond branches converge well before they reach the horizon, which creates the illusion that the orchards are endless. I never drive past them without wanting to stop the car and walk down the long swaths of grass that lie between the trees, into an infinite checkerboard of light and shade and blossom. The trees have been planted with industrial precision, but the effect is completely aesthetic, as if these were groves in a pleasure garden. As we approach, a Cooper's hawk detaches himself on the wing from a high bough and drifts into the orchard a few feet above the ground. He stays with LIS, gliding through row after row of trees, eclipsing himself until he vanishes from sight. At crossroads, we come upon old farmhouses — and sometimes a very new one — almost hidden in the orchards, broken shade all the way tip to the back porch. We pass a family playing baseball in a pasture in the extra hour of light. It is a treacherous game on that ground. And then the orchards end in piles of boughs and overturned stumps — the trees have been toppled and the good firewood cut out and hauled away. It is hard to say whether the trees had lived out their productive lives or whether the land has been sold for houses. We pass mountains of almond hulls and a paper mill and a steel fabricating plant and a processing plant for eggs. We turn back into the old heart4 town and cross over the spine of the Central Valley I I ighway 99 — and drive back to my dad's house. I realize that I don't really know what to call his neighborhood. It isn't suburb or exurb. It is the recent edge of an old-fashioned town, but in a vear or two, the edge of a brand-new development will have reached it, and what to call it then will be even harder to say. I am thinking of calling it simply urb. All day long there has been only one question on my mind. The day seems almost perfectly still, but it is a stillness against the backdrop of steady, intensifying change. What is it like to grow LIP, to live, amid such constant, radical alteration? What effect does it have on how you think of the future? It is, I suppose, all part of a succession. The native grassland gives way to orchards, and the orchards give way to houses, and I can't stop myself wondering what the houses will give way to. ht tp://www.nyt i mes.com/2007/03/13/opinion/I 3tLie3.htrn1?ei 5070&en—I e8eeO I I e747ed7... 3/13/2007 Regional Open Sp e INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To:C. Britton, General Manager From: M. Williams, Real Property Manager Date: March 9, 2007 Subject:. BDS Capital, Inc. Property Addition to Sierra AZLII Open Space Preserve Escrow closed for the subject transaction on March 8, 2007 and title to and possession of this 54-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the Preliminary Use and Management Plan recommendation as tentatively approved by the Board of Directors at its meeting of February 14, 2007. DEDICATION&ACQUISITION INFORMATION Preserve County Ownership Status: Board Approval Date& Grantor Acres ( Fee, Easement, Resolution Number or Area A.P.N. Lease,Mgmt General Manager Agreement) Approval Date Sierra Azul Santa Clara BDS Capital, Inc. 54 Fee February 14,2007 Mt. Urnunhum Area 575-07-008 07-05 Mgmt.Status: Dedication Date Closing Date (Open,Closed,CMU, Status(Intended or Type(s) Payment Purchase Price GIS Code or Other) Withheld) March 8,2007 Closed Withheld Cash 1,250,000 Misc.Notes: cc: Board of Directors Administration Accounting Operations& Field Offices Planning Public Affairs 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:PeteSiemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Curt Riffle,Nanette Honko,Lorry Hossett,Kenneth C.Nitz L.Craig Britton i 8Z/Z8/87 13:3Z:89 312-9ZZ-Z/ 6506910485 ')IAMAP - PBBDUCTID Page 00Z i For Immediate Release Contact: Nina Nowak February 28, 2007 Director of Communications Phone: (650) 854-7696 nttow akrsopen.spac.etru st.or www.Openspacetrust.org Peninsula Open Space Trust Moves to "Green" Headquarters in Downtown Palo Alto Menlo Park, Calif.) - The Peninsula Open Space Trust (POST) is moving to environmentally friendly headquarters in downtown Palo Alto next week. As of March 5, POST will be settled into its new office location at 222 High Street, three blocks north of University Avenue. The nonprofit land trust is moving from its longtime home at 3000 Sand Hill Road in Menlo Park, where it rented office space for nearly 30 years. POST's new headquarters was for many years home to the Foundation for Global Community,from whom POST purchased the building last year. A former auto body shop dating back to the 1940s, the building is equipped with solar panels and has been refurbished by POST with sustainable materials, including recycled cubicles,low-VOC (volatile organic compound) paints and 02/28/07 13:33:00 31Z-922-Z-" - 6506910485 IIAHAP - PRODUCTIO Page 003 finishes, and reusable non-PVC (polyvinyl chloride) recycled-content carpeting. The new location will house POST's 25 staff members, many of whom will be able to take advantage of the building's proximity to the Palo Alto Caltrain station and commute to work via public transit. As part of our move, we wanted to enhance the green nature of the building,and stay true to our organization's land-saving mission," said POST President Audrey Rust. "Working closely with our architect and contractor,our guidelines were to use sustainable materials wherever possible, pay attention to where they were coming from, and reuse whatever we could to ensure we were making the best choices for the environment. We're thrilled with the results and are confident this new location in the heart of Palo Alto reflects our vital mission to protect the San Francisco Peninsula's natural environment for all to enjoy." POST is a leading private, nonprofit land trust dedicated to preserving the beauty, character and diversity of the San Francisco Peninsula landscape. Since its founding in 1977, the organization has been responsible for saving nearly 60,000 acres as permanent open space and parkland in San Mateo and Santa Clara counties, i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: December 7, 2007 RE: Ecological Succession Policy Review Correspondence SHIRLEY LARSON NOV 2 2007 255 Cervantes Road Portola Valley, CA 94028-7763 November 24, 2007 Mr. L. Craig Britton, General Manager Midpeninsula Regional Open Space District 110 Dktpl Circle Los Altos, CA 94022-1404 Dear Mr. Britton: Thank you for responding to my concerns about the encroachment of brush on Windy Hill. If I may, I would like to comment on some aspects of the Situation. To quote your letter, One of the District's main objectives is to protect and restore the natural environment." To comply with this, I believe it will be necessary for you to restore the environment as it was prior to cattle grazing. In the 1970's, I frequently talked to Herb Dengler about local wild flowers. He told me that Windy had always been a meadow. It was never logged. It makes an ecological break between mostly redwoods to the north and mostly Douglas fir to the south. Of course, having cattle grazing was not natural, but it was their grazing which disturbed the soil which in turn facilitated the invasion ol'brush. To extend the idea that we should "let nature take its course," then any tpreservat;,-- of 1,:sfori, buildinos should also be abandoned and allow th .er! o faInto ruin and return them to nature. I suggest that Windy Hill is as worthy of preservation as any historic building. It is certainly more visible to more people than any other site on the Peninsula. I hope you may reconsider your intentions. Sincerely, CC: Town of Portola Valley Town Council 47 Regional Open Spa.4 October 2, 2007 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Ms. Shirley Larson 255 Cervantes Road Portola Valley, CA 94028 Re: Brush Encroachment into Windy Hill Open Space Preserve Grasslands Dear Ms. Larson, The Midpeninsula Regional Open Space District(District) is in receipt of your August 14, 2007 letter, which was forwarded to us by the Town of Portola Valley. We appreciate the fact that Windy Hill Open Space Preserve forms an important scenic backdrop in your community and that you are concerned about the transition from grassland into brush. In an era where wildfires are quickly controlled and in the absence of concentrated grazing, brush encroachment into the surrounding grasslands is an entirely natural process that will occur as a consequence. One of the District's main objectives is to protect and restore the natural environment. The District purchases large swaths of open space in part so that ecological succession and other natural processes can occur. In some cases the District is able to conduct prescribed fires as a management tool to eradicate weeds and to keep brush encroachment in check. However, it can be difficult to implement prescribed burns due to concerns by neighbors and other logistical difficulties. The Board of Directors is in the process of conducting a thorough review of the District's Natural Resource Management Policies. They will look specifically at the issue of ecological succession at a public workshop that will likely occur in January 2008. We will be happy to add your name to a list of interested parties so that you will receive notification of this workshop. If you would like more information about the District's resource management practices or policies in the meantime,please contact Cindy Roessler at (650) 691-1200. Sincerely, r L. Craig Britt n General Manager LCB:mf CC: Midpeninsula Regional Open Space District Board of Directors Town of Portola Valley 33odistelCircle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nonette Honko,Carry Hassett,Kenneth C.Nitz L.Craig Britton ZoWln of UACEET Town Hall: 765 Portola Road,Portola Valley, CA 94028 Tel: (650)851-1700 Fax: (650)851-4677 September 21, 2007 Ms. Shirley S. Larson 255 Cervantes Road Portola Valley, CA 94028 Dear Ms. Larson: Re: Brush Growth on Windy Hill First, please forgive the delay in responding to your August 14, 2007 letter regarding concerns about overgrowth of brush and grass on Windy Hill. As you note in your letter, Windy Hill is indeed an important landmark for the entire region. While the area is part of Portola Valley, it is managed by and under the jurisdiction of the Midpeninsula Regional Open Space District (MROSD). By copy of this letter I am forwarding your correspondence to the District, and I trust they will be in contact with you soon to address the issues you raised. Thank you for taking the time to express your concerns. Sincerely, Janet McDougall Assistant Town Administrator cc: Town Council Members Angela Howard, Town Administrator Conservation Committee Members Craig Britton, Gen. Manager, MROSD WSHIRLEYS. CARBON 255 Cervantes Road Portola Valley, CA 94028 August 14, 2007 Town Council Town of Portola Valley 765 Portola Road Portola Valley, CA 94028 Dear Council Members, Are you aware that Windy Hill is disappearing? In the past few years, new growth of brush has covered approximately 50% of the historic meadows. This is not only the signature view of Portola Valley, it is also a landmark viewed or a wide area of the Peninsula and South Bay. I was shocked to look out the window of the plane not long ago whenn i in took off from the San Jose airport. it looked as though Windy had been We have enjoyed our view of Windy Hill for the past 48 years. I'm sure we are not the only ones who miss its former beauty. I urge you to work with MSOPD to have it cleaned up the'fhe load on goats mounta n. to maintain it with cattle as in the past. That would also reduce Yours, truly CC: Conser vation Committee Ike Tonal Open Spa,. 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 35 YEARS OF OPEN SPACE PRESERVATION December 12, 2007 Craig Dremman P.O. Box 609 Redwood City, CA 94064 Dear Mr, Dremann: Subject: Russian Ridge Prescribed Burn In response to your November 15, 2007 and December 2, 2007 electronic mail, please note that each one of your correspondences with the Midpeninsula Regional Open Space District's Board of Directors must be approved at a Board meeting. Since our Board generally only meets once every two weeks (with several recent meetings cancelled), several weeks may pass before you receive a response. In our November 15, 2007 response to your previous correspondence, we recommended a field visit to discuss our mutual concerns for the restoration of native grasslands. At this p Y Ypoint, we think this is the best way to address our concerns. You may also refer to our Previous four letters for answers to your repeatedd uestions in your frequent correspondences. Sincerely, Kenneth C. Nitz President, Board of Directors KN:CR/ct cc: Midpeninsula Regional Open Space District Board of Directors 33o distel Circle 650-691-1200 info(Popenspace.org BOARD Of DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.operispace.org Curt Riffle,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Original Message----- From: Craig Dremann - Redwood City Seed Company mailto: Sent: Sunday, December 02, 2007 10: 14 AM To: Kirk Lenington; Rudy Jurgensen; craig@astreet.com Cc: Cindy Roessler Subject: Please get money to manage the District's resources Dear President Nitz, Board and All, Thank you for your recent letter. When Deane Little and I went out to Russian Ridge on Aug. 9, 2006, we surveyed a northern portion of the preserve that had been burned a few years earlier. Deane Little complained to me, about the weeds in the burned area, and he was completely correct, because the unseeded burned area was 99% weed infested. From what we could see, it appeared that the District had not reseeded that particular area with local native seeds, immediately after the burn. The District has known for at least six year, since it spent the 100, 000 on the 2001 Kephart report ("Resource Management Demonstration at Russian Ridge Preserve, " Carmel Valley, 831-659-3820) , about the SIX OPTIONS tested by Kephart for managing the weeds on the Russian Ridge preserve. Not a single one of Kephart' s six weed management options ever suggested burning alone, without the immediately reseeding with local native seeds OPTION-FIVE of Kephart' s report, offers burning and reseeding with local native seeds, to manage the Yellow star thistle (YST) . Kephart's OPTION-SIX is burning, herbiciding or hand-digging out the Harding grass sprouts and reseeding with the local native seeds to manage the Harding grass. OPTION-FIVE' s cost for the YST control was $1, 199. 15 per acre, times the 1,200 acres burned in July of this year = $1 .4 million, and if calculated out, would be at least 25 pounds of native seeds per acre. That would mean, by today' s date, at least 30, 000 pounds of local native seeds needed to be sown by the District, on the July 2007 Russian Ridge burn. Using Kephart' s level of Ecological Restoration technologies that his company Could offer in 2001, and using OPTION-FIVE' s Fire-Reseeding plan on the YST, would take up to 30 years, because he was only able to get a 3% decrease in the YST cover. Burning and reseeding each year for the next 30 years, at a total cost of $42 million. Kephart' s OPTION-SIX for the Hardin grass, at $1, 884 . 12 per acre, waspgg the same overall cost as the YST treatment, with the added expense of the herbicide included. However, OPTION-SIX decreased the Harding grass by 27%, which means that the Burn-Herbicide-Seeding option is needed each year, for fewer years than the YST treatments, only 3-4 years to be effective. Kephart' s OPTION-ONE is the best solution. Fortunately, a year after j Kephart' s report was finished, my article in June 2002, pointed to another solution to the Russian Ridge weed problems---that Kephart' s OPTION-ONE is the best answer to managing weed infestations. Five ears ago, the District received a copy of my EcologicalYg Restoration journal article, describing how a form of Kephart' s OPTION-ONE, the hand-control of weeds, worked on a property in Santa Cruz, and proved to be the best and quickest answer to managing weeds. Cost of Kephart' s OPTION-ONE, the hand-control of YST, was $1, 140.53 per acre, and reduced the YST by 26% That means the District needs to invest 1, 141-1, 884/acre/year, times the 1, 200 burned acres, and after four years of continuous work and $6-8 million, you should be able to finally control the YST and Harding grass on that portion of Russian Ridge! The four-year management time-frame,frame with annual hand-management,ement tracks very closely with the achievements on the Santa Cruz property. The Santa Cruz property went from a solid weed patch in 1997, to 85%+ local native plant cover, within four years. When your District was formed over 30 years ago, it only asked the taxpayers for enough money to purchase the properties, at 1970s values. Nobody envisioned that a grass planted for pastures in the San Gregorio valley, would be blown by the wind fifteen miles eastward, to engulf whole sections of the District' s preserves three decades later? I I I That' s why it is very reasonable, for the Board to immediately go back to the taxpayers and ask for a doubling of the annual District budget, as a ballot measure, in the next available election cycle, so that the District' s Preserves can effectively be managed. Every Board member and every District manager knows, from your own consultant' s report, what needs to be done, how long it will take to do it, plus an idea of what the ultimate costs will be. 60-100 million for the next 10 years, based on the Kephart report' s figures, should be a reasonable amount to ask for, to manage the District' s 20, 000 acres of native grassland resources. It is very pitiful and extremely painful to watch such a valuable, extremely rare, and unique natural resource like Russian Ridge, a rapid decay into oblivion---just from the lack of money, and from the lack of the will of the Board to ask the taxpayers for the necessary money that the District needs, to effectively manage the resource. I see that the Board meeting this week, has land management on the agenda. I'm hoping that the Board will vote this week, to put a measure on the ballot, to get the money the District that it knows it needs, to effectively manage its resources. As Kephart wrote, on the first two pages of his report about the Russian Ridge native grassland ecosystem, that it is . . ."among the most threatened plant communities state-wide [and] Russian Ridge is among the most diverse of the interior ridge grasslands in the Santa Cruz Mountain bio-region and is ranked high when compared to others in a state level." Sincerely, Craig Dremann, From: Craig Dremann Sent: Thursday, November 15, 2007 9: 16 AM To: Deanelittle@aol.com; Jed Cyr; Mary Davey; Nonette Hanko; Craig Britton; Craig Beckman; Larry Hassett; Kenneth C. Nitz; Pete Siemens; Curt Riffle; Kirk Lenington; Cindy Roessler; Rudy Jurgensen; craig@astreet.com Subject: Russian Ridge--Burn needs native seeds: i.e. the Kephart $100K report. Dear Board and All, I have not received any reply from the Board about my last two emails from October 25th, regarding the July 2007 intentional burn at Russian Ride, and will send this new email, with the hope of a response in the near future. Yesterday, I had the opportunity to walk with a local Sierra Club member, and look at the burn on Russian Ridge. HAYFIELD TARWEED OUT OF PLACE?: I also read recently about the Hayfield tarweed proposal, which is a step in the right direction, because it shows a desire to sow back some local native species in the place of the weeds. If you check the herbarium specimens at UC Berkeley, or up at the Cal. Academy, or crack open a copy of the "Flora of the Santa Cruz Mtns. ", etc. , you will see that the Hayfield Tarweed might work for the District' s lower-elevation preserves, but that plant never occurred any higher that about 1-280 on the SF peninsula. The Hayfield Tarweed is a lower-elevation species. SOW ALMOST ANY NATIVE, TO COMPETE WITH YST: Regarding the Hayfield tarweed, or sowing almost any other species of native plant to compete with the yellow star thistle. . . YST is a "default weed" which means that it will move aside when almost ANY seed of the proper species of native plant is successfully established, especially the perennial natives, like the five or six bunchgrasses that used to occur on the site before the burn. You don't need any fancy native plants like tarweeds, whose seeds are not commercially available yet--you just need to sow at least 100 pounds per acre, of the various native seeds that ARE commercially available, like the local native grasses and the proper local species of wildflowers that occur on Russian Ridge. OLD WEEDS APPEARING OUT OF THE BURN: The interesting effect of the burn so far, is that broadleaf weeds like milk thistle and red dock (Rumex) are appearing in the burn, popping out of the soil-seedbank. These two species haven' t been seen on that part of the ridge for 40-60 years. The milk thistle and red dock seeds must have remained viable in the soil for decades, and their germination suppressed by the other weeds. The fire released those dormant seeds, so there' s going to be a lot of interesting weeds on the hill, that haven' t been seen there for quite a long time. NO ACTION ON KEPHART REPORT, FOR SEVEN YEARS? It's not as if the Board has been unaware of the need for management of the yellow star thistle and harding grass. The District spent $100, 000 to have Paul Kephart develop a plan seven years ago, to specifically manage those two weeds on Russian Ridge, to save the native grasslands natural resource from being overwhelmed by them. And in the Kephart report, burning the weeds, by itself, was not an option offered as being useful to manage either of those two weeds. The burn" option had an attached, immediate follow-up requirement, of sowing native seeds in the burned area. For the 1, 200 acres that were burned in July, means according to the Kephart plan, by the end of December 2007, native seeds should be broadcast-sown, across that whole burned area. Visually inspecting the Kephart burn test-plots that were conducted for the report, after they had been sown, the sowing rate was about one to two seeds per square inch, of the natives grasses that were broadcast-sown. For seven year, the Board has done nothing to implement any of the options from the Kephart report. It has been known to the Board for seven years, that these two weeds were an obvious risk of harm to the native grassland ecosystem that the Board is charged with protecting for the public, and the Board did nothing. Instead of implementing any of the options outlined in the Kephart report, the Board chose indifference, allowing the harm from the two weeds, to occur to the District's native grassland ecosystem. The Board knows that the District's open, native grassland habitats, are the favorite ecosystems for the public to visit, hike on, enjoy, etc. At the same time, the Board needs to get sufficient funds together to manage all those thousands of acres of native grassland resources. The District needs at least $50-60 million dollars, to go forward--- from seven years of negligence and indifference, to seven years of positive management and ecological restoration of the native grassland resources for the future. I'm hoping that in the next few weeks, the Board will make the investment in the necessary native seeds for the whole burned area on Russian Ridge, so that the July 2007 burn exercise will have a happy ending---after the proper native seeds are sown, according to the requirements of the Kephart report. Sincerely, Craig Dremann egional Open Spa MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 35 YEARS OF OPEN SPACE PRESERVATION December 12, 2007 JamesDRAA RE9PONSEJudnbau h PREPARED BY STAFF FOR BOARD CONSIDERATION RE: Bollards installed on POST(former Gottsleben/Sonntag) Property, Long Ridge Open Space Preserve Dear Mr. & Mrs. Sencenbaugh: Thank you for your letter of November 30, 2007 regarding the bollards installed on the former POST (Gottsleben/Sonntag) Property to help prevent illegal off-road vehicle access on your property, as well as the subject property. To clarify matters, and as you have requested, the District will not be removing the bollards relating to the hill climbing trespass, which occurred in the past on your property prior to the bollard installation. If you have any further questions regarding this matter, please contact Michael Williams, the District's Real Property Manager, by telephone at (650) 691-1200. Sincerely, Kenneth C. Nitz, President Board of Directors cc: Midpeninsula Regional Open Space District Board of Directors Margaret MacNiven 33o Distel Circle 650-6g1-1200 info@openspace.org BOARD OF DI RECTORS:Pete Siemens,Mary Davey Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L,Craig Britton RECEIVED DEC 03 1007 Affff- MNSULA MMONAL OPF' VACS OMMWT November 30, 2007 Mr. Kenneth C. Nitz, President Board of Directors Midpeninsula Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Nitz: Thank you for the copy of your letter to Margaret Mac Niven dated November 15, received today regarding bollards installed by MROSD to block access to district property located along Doherty Ridge road. Several years ago,we notified Open Space of off road activity on our property,access to which was through a road on the former Gottleben/Sonntag parcel. This installation effectively stopped the hill climbing on our property, for which we thank you. The other two bollard installations,originating on Doherty Ridge Road and not related our property were not requested by us. In order to protect our property, please retain the bollard installation blocking access to our parcel through the road that originates on the POST(Gottsleben/Sonntag)property. I have enclosed a district map showing the relative location of our parcel,and the referenced bollard installation. Sincerely, Jams&Judith Sencenbaugh c: Michael Williams, MROSD I Long Ridge Open Space Preserve - POST (Gottsleben/Sonntag) Midpeninsula Regional Open Space District 1 ,JE. .t 4'fY' 4 t \ l 1 '. R,-1 . k. 7 ``f, r , r'` / f v SKYLINE F#1 G ., 4' y UPPER STEVENS CREEK'Portola Heights yIOPENSPACEPRESEVE '+,. Y% ''yR Road S COUNTY PARK I• _r'J r o C' fit/tf•6 R+S7+-i 04 _• 1 Pldge ij C 1 t 1 •l,1 dVA I N t .*;+"'T/ .yt,. h is f•, ;:r.• POST G•" 1 L Gottsleben/Sonntag) 39.33+l-Acres 1 f t i t 1' Ste• i I i e r I , L 1 L ' ax , wt t LNG RIDGE -.: 7j';"' 1 k. z•,,: , J ,. rt ', " OpP 4C PRE RV jr S. , t•\ 1 1 r 4•.;- \ kt. tie Y. PORTOLA REDWOODS i\ STATE PARK 13\ • J aJ r ,/ 1 ems' I - Y 1, 1•6/ I i \...- _• J f j ,y J .^^1,, y t t.", y r r2..' e Aw.' 11 1' Xhibit A 0 0.5 1 Mile