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HomeMy Public PortalAbout20000508 - Agendas Packet - Board of Directors (BOD) - 00-10 Regional Open ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-10 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:00 p.m. Monday, May 8, 2000 330 Distel Circle Los Altos, California NOTE SPECIAL DATE: MONDAY, MAY 8 TH AGENDA* 7:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT--CLOSED SESSION The Closed Session will begin at 7:00 p.m. At the conclusion of the Special Meeting Closed Session, the Board will adjourn to the Special Meeting Open Session, and, at the conclusion of the Open Session, the Board may reconvene the Special Meeting Closed Session. Conference with Real PropeM Negotiator - Government Code Section 54956.8 Real Property - Santa Clara County Assessor's Parcel Numbers 517-16-009, 510-27-0334, and 510-28-012 Agency Negotiators - Craig Britton and Susan Schectman Negotiating Parties -Wallace Krone and William Bishop Under Negotiations - Instructions to negotiator will concern price and terms of payment 7:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-OPEN SESSION ORAL COMMUNICATIONS - Public ADOPTION OF AGENDA 7:35 BOARD BUSINESS I Approval of the Revised License Agreement to Enable the Town of Portola Valley to Perform Repairs to Alpine Road Adjacent to Windy Hill Open Space Preserve; Determine that the Recommended Actions are Exempt from the California Environmental Quality Act (CEQA) as Set Out in the Report; Authorize the General Manager to Execute the Letter to the Town of Portola Valley Approving Your Concurrence ("Letter of Concurrence") With the Revised Programmatic Section 4(F) Evaluation for the Alpine Road Downslope Repair Project; Authorize the General Manager and the Board President to Execute the Revised License Agreement with the Town of Portola Valley For Repairs to Alpine Road Adjacent to Windy Hill Open 330 Distel Circle # Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 * E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Han ko, Betsy Crowder,KennethC.Nitz - General Manager:L.Craig Britton Meeting 00-10 Page 2 Space Preserve. The License Agreement is Conditional on the Town of Portola Valley Subsequently Approving a Conservation Easement in Favor of District Upon the Town's Property Identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160 in Exchange for District Approval of a Permanent Slope Easement in Favor of the Town for These and Future Road-Related Repairs; Authorize the General Manager and General Counsel to Approve Minor Revisions to the Letter of Concurrence and the Revised License Agreement That Do Not Involve Any Substantial Change to the Agreements as Set Forth in the Report -T. Fischer INFORMATIONAL REPORTS -Brief reports or announcements concerning pertinent activities of District Directors and Staff. CLOSED SESSION CONTINUED(if necessary) 8:30 ADJOURNMENT Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. 05/02/00 10:44 SRI AATC 4 6506910485 N0.308 1?02 K E N N E T H C. N I T Z -- Acquire - Preserve - Protect Paton TO' Craig Britton,General Mgr- MROSD From: Kenneth Nita, President Board of Directors,MROSD Date: May 2,2000 Hi Craig, I would like to have a Special Board meeting convened for Monday,May 8,2000 (starting time to be determilmd). The main topic of this meeting is the continuation of Agenda Item,#5 from the April 2e meeting. Representatives from the town of Portola Valley will be attending to answer questions from the board about this subject Thank yo en Nita Regional Open , ace 1 eetin3 M g 00-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meetin May 8, 2000 AGENDA ITEM 1 AGENDA ITEM Approval of the License Agreement, as Revised, to Enable t e Town of Portola Valley to Perform Repairs to Alpine Road Adjacent to Windy Hill Open Spac Preserve\ GENERAL MANAGER'S RECOMMENDATIONS-- I. Determine that the recommended actions are exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Authorize the General Manager to execute the attached letter to the Town of Portola Valley approving your concurrence ("Letter of Concurrence") with the attached revised Programmatic Section 4(F) Evaluation for the Alpine Road Downslope Repair Project. 3. Authorize the General Manager and the Board President to execute the attached revised License Agreement with the Town of Portola Valley for repairs to Alpine Road adjacent to Windy Hill Open Space Preserve. The License Agreement is conditional on the Town of Portola Valley subsequently approving a Conservation Easement in favor of District upon the Town's property identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160 in exchange for District approval of a permanent slope easement in favor of the Town for these and future road-related repairs. 4. Authorize the General Manager and General Counsel to approve minor revisions to the Letter of Concurrence and the License Agreement that do not involve any substantial change to the agreements as set forth in this report. DISCUSSION At your April 26, 2000 meeting, staff presented to you a License Agreement for repairs on Alpine Road, and the Programmatic Section 4 F Evaluation for the Alpine Road Downslo e Repair Project(Board 8 ( ) P p P J Report R-00-50). In addition, substantial revisions to the Section 4(F) Evaluation were presented to the Board at the meeting that had been submitted to staff that afternoon. During your review, a number of concerns were expressed relating to environmental protections within the creek and clarification of construction techniques, and a lack of time to consider the revisions to the documents, especially the 4(F) extension. Since that time, staff has followed up on the environmental concerns expressed at the meeting and incorporated revisions into the License Agreement, Programmatic Section 4(F) Evaluation, and I Easement Exchange documents. Since your meeting, we have received two correspondences regarding this issue. Please see the attached j e-mail communication dated May 4, 2000 and letter dated May 4, 2000 which are contained in your FYI package for tonight's meeting. These correspondences refer to an area of upper Alpine Road, and urge the District to approve the reconstruction by Portola Valley. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org ' Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton i R-00-63 Page 2 Alternate Transportation Routes Questions have been raised as to possible alternate routes of travel, rather than Alpine Road. Alpine Road has been identified by the Town of Portola Valley as a necessary roadway to maintain open, and thus repairs should be performed prior to failure of the roadside. District staff concurs with this position based on the likelihood that any alternatives would significantly impact existing open space land(see attached Alpine Road General Area Map). Also, for emergency purposes this area requires more than one exit and entrance. Entry Prior to Completion of Easement Exchange The initial License Agreement enabled the Town of Portola Valley to enter onto District land prior to the District and Town of Portola Valley entering into an easement exchange. In order for the Town of Portola Valley to proceed with the application to FEMA entry rights need to be provided. The License Agreement requires work be done according to the Section 4(F) Evaluation, providing environmental protections if any work is commenced. The License Agreement shall terminate if the easement exchange is not completed by July 1, 2000. Adequate Creek Protections Board members raised concern that the project requires oversight by a qualified specialist familiar with construction in riparian areas. Staff has developed a"Qualifications and Performance Criteria" for such a position, and the Town of Portola Valley has agreed to incorporate this into the Project. A Project Biologist/Restoration Specialist will monitor the Project and enforce the techniques and guidelines defined in the Section 4(F) Evaluation. In addition, staff, in cooperation with the Town, has made additions and changes to the Section 4(F) Evaluation to ensure the best possible environmental protections for the riparian biological community. Road Repair Construction Techniques The Section 4(F) Evaluation, guidelines for environmental protections, indicates the use of small dozers or"bobcats" during construction. This practice raised concern that the equipment will cause damage to the creek area. Staff has reviewed the issue with Town staff and District personnel familiar with construction techniques and riparian community ecology. The Town has informed staff that the use of such equipment will only be where absolutely necessary. The Section 4(F) Evaluation states that no dozers or"bobcats"will be placed in or will operate in the creek. A Project Biologist/Restoration t ensure the least damaging construction methods are practiced. Specialist will oversee the constructiono e u pg g p ENVIRONMENTAL SAFETY The Alpine Road Downslope Repair Project will involve construction work being performed in and around Corte Madera Creek. Safeguards for the creek environment to eliminate or decrease damage from the project activity have been built into the License Agreement and Easement Exchange Agreement. The Programmatic Section 4(F) Evaluation for the Alpine Road Downslope Repair Project has addressed many of the potentially damaging effects of the project. The Evaluation sites construction techniques that will be followed during construction and revegetation activity. In addition, the Easement Exchange Agreement provides long term protections to the entire area. A summary of the protections in the License and Easement Exchange Agreements are as follows: I R-00-63 Page 3 • Coordination and consulting with the California Department of Fish and Game, U.S. Army Corps of Engineers, San Mateo County, Midpeninsula Regional Open Space District, and the Regional Water Quality Control Board, • Appointment of a Project Biologist/Restoration Specialist to oversee and monitor compliance with environmental requirements, • The ability to add environmental protections to the Section 4(F) document as they may become apparent, • Design review and approval by the District on any future activity within the Conservation Easement area. CEQA DETERMINATION The project is exempt under Section 15269(b) and(c) of the California Environmental Quality Act Guidelines. The project is designated a statutory exemption under Section 15269(b) and(c) for emergency repairs to maintain service to a public facility and/or to prevent or mitigate an emergency. As the lead agency on this project, the Town of Portola Valley filed a Notice of Exemption under Sections 21080(b)(4) and 15269(b) and (c) of CEQA. As lead agency, the Town is also responsible for obtaining the required permits from the State of California Department of Fish and Game. TERMS AND CONDITIONS As part of the proposed License, Portola Valley has agreed to the following: 1) Restoration of any District land impacted by the construction work. This will be done with erosion control and revegetation with native plants. 2) Performance of mitigation measures as outlined in the attached Section 4(F) Evaluation, and the Agreement for Exchange of Easements to all lands impacted by construction. 3) Obtain the necessary permits from the State of California, Department of Fish and Game for the construction of the slope improvements. 4) Include District staff in preconstruction meetings. 5) Exercise care during construction and keep District lands free from debris and surplus materials. 6) Assume liability and provide insurance for the construction project, 7) Approval of an Agreement For Exchange of Easements with a Conservation Easement in favor of the District over approximately 23 acres over the Town's property located southeast along Corte de Madera Creek, identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160 (see map Exhibit B). 8) Approval by District of a Permanent Slope Easement over approximately 3 acres of District land. The proposed License assures protection of District land and allows for the repair of Alpine Road. The R-00-63 Page 4 License Agreement, the Section 4(F) Evaluation, and the permanent Agreement For Exchange of Easements includes protections for current and future work that may take place along this section of Alpine Road on District land, and a much larger area of land along Alpine Road owned by the Town of Portola Valley. While the Agreements protect the riparian environment along the road, the Town will remain responsible for maintaining Eagle Trail on the Town's property. LIST OF ATTACHMENTS A copy of the attachments are available for public review at the District's administrative office. Alpine Road Area General Map Windy Hill Open Space Preserve Map Slope Easement Map Conservation Easement Map Programmatic Section 4(F) Evaluation for the Alpine Road Downslope Repair Project Letter of Concurrence from District General Manager to Town regarding Section 4(F) Evaluation License Agreement Agreement For Exchange of Easements Prepared by: Thomas W. Fischer, Land Protection Specialist Maps Prepared by: Ana Ruiz, Planning Technician Contact person: Thomas W. Fischer, Land Protection Specialist a Regional Open S qce g P P MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C. Britton,General Manager Date: May 5,2000 Re: FYIs 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 9 E-mail: mrosd@openspace.org 9 Web site: www.openspace.org VISTA VERDE COMMUNITY ASSOCIATION PORTOLA VALLEY, CALIFORNIA • 94025 � May 4, 2000 Ms. Betsy Crowder, President D Midpeninsula Regional Open Space District 330 Distel Circle MAY 4 Los Altos, California 94022 MIDPENINSULA REGIONAL OPEN Dear Ms. Crowder, SPACE DISTRICT We are writing to express our great concern about the possible delay to the Upper Alpine Road repairs scheduled for this summer. We recognize and respect your concern for the Corte Madera Creek environment. Many of us have supported MROSD with our donations for years. However, Alpine is one of the two access roads into this community. We rely on it for the safety of our families. We have a window of opportunity for Federal funding and dry weather for construction that is intended to very substantially improve the structural integrity of the road. It would be hard to overstate the importance of this issue to the several hundred families affected by MROSD's actions. We cannot personally address the details of the construction methods, and the possible impact on the creek. Alex McIntyre has assured me that the Town of Portola Valley has taken great care in developing a plan that will minimize environmental trauma. I'm sure that you and the Board are looking very closely at this, as you should. Sometimes the best thing to do on an issue is to wait; to have another study done, get additionai community input, or to see how consensus builds or fades away. This is not the case here: this is an issue that needs your decision now. I hope that you will, in good conscience, be able to approve the easement transfer at this Monday evening's Board meeting. Sincerely, Charles Tilford, President Jean Rasch, President Vista Verde Community Association Los Trancos Woods Community Association 460 Old Spanish Trail 116 Foxwood Portola Valley, CA 94028 Portola Valley, CA 94028 851-3901 851-0505 Fw Alpine Road Repair Ltr2 .txt ----- original Mess ----- From: Jobst Brandt <,jorandt@spica.hpl.hp.com> To: MROSD Malcolm Smith <mrosd@openspace.org> Sent: Thursday, May 04, 2000 10: 30 AM Subject: Alpine Road Repair > 04 May 00 > To: Directors of the MROSD > Members of the board. I read with interest about a proposed repair o f > upper Alpine Rd that connects with Page Mill Rd. As I have mentioned > in communications with the board over more than a dozen years, I and > others have annually volunteered each fall to shovel drains, clear > culverts, manage brush, and remove fallen trees . We have done t1is t 0 > preserve a treasured and beautiful, motor traffic free, forest route to > open space on Skyline Blvd. > The slide that closed this road to most people because the detol� r is > dangerously steep and entangled with exposed roots . This condition > has worsened with every rainfall. The route has essentially been los t > to the most people who formerly hiked and bicycled on it. Never the > less, volunteers have taken shovel in hand to prevent further > washouts, an effort that has taken many hours of work. > The slide at the sandstone cliff moved more than 5000 cubic yards of > soil into the creek, most of which is now in Searsville Lake or bette r • said, where Searsville Lake was. At the slide only a large gorge • remains with no sign of the soil that slid into the creek. • Today, the large straight graveled section is threatened by a • collapsing culvert that will move more than 10, 000 cubic yards of soi 1 • into the creek when it washes out. I assume MROSD rangers are aware • of this because the culvert cave-in was taped off this winter for • safety purposes. • I urge you to approve reconstruction of this road for the many hikers • and bicyclists who would again use it, as well as for fire protcction • access to the area. Not rebuilt the road cannot be adequately • maintained and drainage not maintained, the road will slide at many • places until there is no road bench remaining above the creek. > Jobst Brandt * 351 Middlefield Rd * Palo Alto CA 94301 * (650) 323 1549 res * (650) 857 6680 bus * (650) 852 8579 FAX > <jbrandt@hpl.hp.com> Page 1 LICENSE AGREEMENT This License Agreement (herein, "License") is made by and between the Town of Portola Valley (herein, "Town") and the Midpeninsula Regional Open Space District (herein, "District"), a public,;district established pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code. RECITALS A. WHEREAS, District is the owner of a certain parcel of real property (herein, "Subject Property"), a portion of the Windy Hill Open Space Preserve (herein, "Preserve"), commonly known as Assessor's Parcel Number 076-340-070 and more particularly identified in Exhibit A, attached hereto and incorporated herein by reference; and B. WHEREAS, Town requires immediate access to and rights necessary to construct certain repairs and improvements to flood damaged areas along Alpine Road in San Mateo County (herein, "Project"); and C. WHEREAS, District may validly convey an interest in real property that has been permanently dedicated to open space purposes if in exchange for real property determined to be of equal or greater value and necessary for open space purposes; and D. WHEREAS, District has prepared an Agreement for Exchange of Easements (herein, "Easement Agreement") providing for, inter alia, an exchange of easements between Town and District to provide for permanent easements necessary to the Project, and for the further protection of open space adjacent to Preserve; and E. WHEREAS, District and Town must approve said Easement Agreement at a properly noticed public meeting; and F. WHEREAS, District acknowledges that Town is required to obtain all necessary property rights as a condition for the receipt of a portion of the funding of the Project; and G. Whereas, District and Town mutually desire to avoid any possible delays in the proposed Project construction schedule while the Easement Agreement is finalized and presented for the necessary approvals. NOW THEREFORE, in consideration of the foregoing and the mutual promises, covenants, terms and conditions set forth herein, the parties agree as follows: 1. Grant of License. a. District hereby grants to Town, it employees, representative and contractors, a license to enter upon Subject Property to construct Project improvements in accordance with the Project plans and specifications on file in District office. District agrees that it will not hereafter grant any right to any third party that is May 5,2000 1 1:35 PM inconsistent with the rights of Town to use the Subject Property as provided herein. I b. This License gives Town a license only and notwithstanding anything to the contrary herein, this License does not constitute a grant by District of any ownership, leasehold, easement or other property interest or estate whatsoever in the Subject Property, or any portion thereof. c. Town further understands and agrees that nothing herein shall limit Town's obligation to obtain authorizations, approvals or permits form all federal, state, municipal or other entities with lawful authority over the Project. 2. Covenant, Conditions and Requirements. a. Execution of Agreement to Exchange Easements. Town and District agree to enter into the Exchange Agreement, in a form substantially similar to that attached hereto and incorporated herein by reference as Exhibit A, on or before July 1, 2000. Town shall not commence construction of the Project within the Subject Property unless and until the Exchange Agreement is duly executed and recorded. Town may engage in any and all pre-construction activities, including the solicitation of bids, for the Project on the Subject Property. b. Responsibility to Maintain Subject Property. Town shall bear all costs and expenses of any kind or nature whatsoever arising from its activities permitted hereunder. Town shall be solely responsible for repairing and maintaining all facilities placed in or on the Subject Property by Town pursuant hereto, in a good, clean, secure, orderly and safe condition, and District shall have no obligation or duty whatsoever for any repair or maintenance of the Subject Property. c. Exercise of Due Care. Town shall use, and cause its employees, agents, representatives and contractors, to use, due care at all times to avoid or minimize any damage or harm to District property and to the native vegetation and natural attributes of the Subject Property. In the event of an emergency or potential threat to public health, safety or welfare, as reasonably determined by District. District shall have the right to further condition, restrict or oversee any permitted work on the Subject Property. Under no circumstances shall Town damage, harm or take any rare, threatened or endangered species on or about the Subject Property. d. Restoration of Subject Property. With respect to any portion of the Subject Property for which Town does not obtain a permanent easement, Town shall remove all improvements, debris, and excess soil and shall restore Subject Property to a condition as close as reasonably possible to its condition immediately prior to Town's work hereunder, taking into account the presence of the Project and its improvements, to the reasonable satisfaction of District. e. Utilities. District shall have no responsibility or liability of any kind with respect to utilities that may be on, in or under the Subject Property. Town shall have the May 5,2000 2 1:35PM sole responsibility to locate such utilities or other facilities and to protect them from damage or replace them. Town shall be solely responsible for arranging and paying directly for any utilities or services necessary or convenient for its activities hereunder. f. Reports. Town shall provide bistrict with prior written notice of its intent to drill or conduct any soil boring, install any wells, or perform any other intrusive investigations in, on or under Subject Property and shall provide District with a reasonable opportunity to review, comment on, and reasonably condition any such investigations. Town shall promptly deliver to District copies of any reports relating to any testing or other inspection of Subject Property performed by Town, its agents, employees or contractors, but shall not deliver any such reports to any other person or entity without District's prior written approval, unless required by law. Town shall first notify District of any request for disclosure or other potential for disclosure in order to allow District an opportunity to defend against any attempt to compel or make such disclosure. g. Town specifically agrees to implement all mitigation measures and conditions as set forth more specifically in the Final Programmatic Section 4(F) Evaluation - Alpine Road(Downslope) Repair Project as well as any mitigation measures or conditions set forth herein. 3. Term of License. This License shall commence upon execution hereof by District and shall terminate upon conveyance of an easement interest pursuant to the Easement Agreement, in which event this License shall terminate as of the effective date of th e o Easement Agreement unless sooner terminated nated Pursuant to Paragraph 2(a ) hereof or otherwise. 4. Compliance with Laws. Town shall conduct all operations which are the subject of this License in compliance with all existing and hereafter enacted applicable federal, state and municipal laws, statutes or ordinances, and with all regulations, orders, directives of appropriate governmental agencies. Town shall also comply with all applicable conditions and requirements set forth in any and all approvals of the Project. 5. Permits. Prior to commencing any work on Subject Property, Town shall obtain any and all governmental permits and approvals which are necessary for it to conduct any work or activities under this License. District shall coordinate and cooperate with j Town to obtain all necessary permits and approvals, provided however, District shall not be required to incur any costs in connection therewith. Town recognizes and agrees that no approval by District for purposes of Town's activities hereunder shall be deemed to constitute the approval of any federal, state or local regulatory authority with jurisdiction over the Project, and nothing herein shall • May 5,2000 3 1;35PM i limit Town's obligation to obtain all such regulatory approvals at Town's sole cost. 6. Liens and Claims. Town shall not permit to stand any mechanics', materialmen's or other similar liens or claims against the Subject Property or any interest therein for labor or material furnished in connection with any work performed by Town, its agents, representatives or contractors under this License. Upon reasonable and timely notice of any such lien or claim delivered to Town, Town shall immediately notify District of same. Town may bond and contest the validity and the amount of any such lien in accordance with applicable law, but Town shall immediately pay any judgement rendered, including penalties, as well as any reasonable costs and expenses incurred by District as a result of challenge, and shall pay all proper costs and charges and shall have the lien or claim released at its sole expense. Town shall obtain appropriate payment and performance bonds in connection with any and all third party contractors performing any construction work on the Premises. Town shall also post notices of nonresponsibility on behalf of District in all areas where work on the Subject Property is performed by Town or its agents. 7. Indemnity and Release of Liability. Town shall fully release, indemnify, hold harmless and defend District, its directors, officers, employees, contractors, and agents, from and against all liability, claims, suits, sanctions, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, for injuries to or death of any person and damage to or loss of any property, except to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of District's directors, officers, employees, contractors, or agents, or otherwise arises out of matters which, by the terms of this License, are the responsibility of District. If liability arises due to the concurrent negligence of Town and District, each party shall contribute costs of any such suits, defense, damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. 8. Insurance. Throughout the term of this License, Town, at its sole cost and expense, shall maintain in full force and effect comprehensive general liability insurance covering bodily and personal injury and property damage arising out of Town's activities pursuant to this License. Limits shall not be less than $5,000,000.00 per occurrence for bodily injury and $500,000.00 per occurrence for property damage. Each such policy shall name District as an additional insured and a certificate to that effect shall be delivered to District prior to any the commencement of any activities hereunder. Throughout the term of this License, Town, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. Such insurance policies shall not be canceled or materially changed without thirty (30) days advance written notice to District. May 5,2000 4 !:35 PM 9 Miscellane ous Provisions. a. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this License, the construction of its terms and the interpretation of the rights and duties of the parties. b. Amendment. The parties hereto may by mutual written agreement amend this Agreement in any respect. c. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this License. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. d. No Liability. If the Easement Agreement is not entered into by Town and District, neither party shall have liability to the other arising therefrom. e. Notice. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this License (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium and addressed as indicated as follows: Town: Town of Portola Valley 765 Portola Road Portola Valley, CA 94028 Attn: Public Works Director TEL: (650) 851-1700 ext. 14 FAX: (650) 851-4677 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the 1! May 5,2000 5 1:35 RN i manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this License shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirements provided in this Section. f Severability. If any of the provisions of this License are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this License. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. g. Counterparts. This License may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. h. Waiver. No waiver of any term, provision or condition of this License, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this License. i. Entire Agreement. This License is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. j. Time of the Essence. Time is of the essence of each provision of this License in which time is an element. k. Assianment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 1, Further,Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably May 5,2000 6 1:35 PM necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this License. M. Captions. Captions are provided herein for convenience only and they form no part of this License and are not to serve as a basis for interpretation or construction of this License, nor as evidence of the intention of the parties hereto. n. Pronouns and Gender. In this License, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. o. Authority. Town and District both represent and warrant that each has the full right, power and authority to enter into this License and to perform the transactions contemplated hereunder. IN WITNESS WHEREOF, the parties have executed this agreement below on the day and year shown therewith. DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Approved as to Form: By: Date: Susan M. Schectman General Counsel Recommended for Approval: By: Date: L. Craig Britton General Manager Approved and Accepted: By: Date: Ken Nitz President, Board of Directors Attest'. By: Date: Deirdre Dolan District Clerk May 5,2000 1:35 PM TOWN OF PORTOLA VALLEY("Town"): Recommended for Acceptance: By: Date: Real Property Acquisition Agent 1 Approved and Accepted: By: Date: Mayor, Town of Portola Valley 1 i i May 5,2000 8 Jo 1:35PM Recording Requested By and When Recorded Return to: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Attn: General Manager No Documentary Transfer Tax Due: Exempt From Recording Fees: Revenue& Taxation Code §11922 Government Code §§6103, 27383 AGREEMENT FOR EXCHANGE OF EASEMENTS This AGREEMENT FOR EXCHANGE OF EASEMENTS (hereinafter, "Agreement") is made by and between the Midpeninsula Regional Open Space District, a California special district (hereinafter "District") and the Town of Portola Valley, a California general law municipality (hereinafter "Town"), RECITALS A. WHEREAS, District owns certain real property (herein, "District Land") located in the Town of Portola Valley, County of San Mateo, being a portion of Assessor's Parcel Number 76-340- 07 and a part of the Windy Hill Open Space Preserve (herein, "Windy Hill"); and B. WHEREAS, District previously granted Town a non-exclusive easement over said District Land for the purpose of maintaining the slope adjacent to Alpine Road, a public road in Town; and C. WHEREAS, Town has undertaken a project (herein, "Project") to construct and maintain certain improvements on Alpine Road which will extend beyond the limits of the existing easement; and D. WHEREAS, Town now desires to obtain from District four (4) non-exclusive, permanent road easements in order to enable ordinary travel on Alpine Road and a non-exclusive, permanent slope easement to maintain drainage off Alpine Road and for the installation and maintenance of retaining walls, drainage facilities and other slope improvements (herein, collectively "District Easements"); and May 5, 2000 1:33 PM Page 1 E. WHEREAS, District Easements encompass the existing easements and Town and District desire to replace such existing easements with the District Easements; and F. WHEREAS, District has dedicated said District Lands for open space purposes and may convey interests therein only for other interests in real property of equal or greater value for such open space purposes; and G. WHEREAS, Town owns certain real property (herein, "Town Land") lying adjacent to District Lands and more commonly known as Assessor's Parcel Numbers 080-241-430, 080- 250-080, and 080-250-160; and H. WHEREAS, said Town lands are characterized by very high riparian and open space values, the permanent protection of which is consistent with District purposes; and I. WHEREAS, District now desires to obtain a non-exclusive Riparian, Conservation and Open Space Easement (herein, "Town Easement") in, on and over a portion of such Town Lands; and J. WHEREAS, District has determined that said Town Easement is of equal or greater value to that of District Easements and that the long term preservation of open space at Windy Hill would be greatly enhanced and secured by such exchange of interests. NOW THEREFORE it is mutually agreed and understood as follows: 1.0 Ouitclaim Of Existing Easements. Town hereby quitclaims to District, all its right, title and interest acquired under that certain Easement Deed, recorded as Document Number 97048838 in the Official Records of San Mateo County on April 25, 1997, 2.0 Grant Of District Easements. District hereby grants to Town the non-exclusive District Easements, as more particularly shown and described in Appendix A, for and in consideration of the grant of the Town Easement. Town shall prepare a survey of the District Easement areas and, after approval by District, an accurate legal description based on such survey shall be substituted for the description in Appendix A. 3.0 Grant Of Town Easement. Town hereby grants to District the non-exclusive Town Easement, as more particularly shown and described in Appendix B, for and in consideration of the grant of the District Easements. Town shall prepare a survey of the Town Easement area and, after approval by District, an accurate legal description based on such survey shall be May 5, 2000 1:33 PM Page 2 bs it su t uted for the description in Appendix B. P i 4.0 Escrow. 4.1. No escrow will be opened for the consummation of the exchange of easements conveyed herein. Each party shall be responsible for the proper recordation of the Agreement and for any fees, costs or title insurance, if any. 4.2. District shall deliver to Town a fully executed and recordable copy of this Agreement granting to Town the District Easements. 4.3. Town shall deliver to District a fully executed and recordable copy of this Agreement granting to District the Town Easement. 4.4. District shall deliver to Town a fully executed and recordable Certificate of Acceptance. 5.0 Conditions of Agreement- District Easements. 5.1. Town specifically agrees to implement all mitigation measures and conditions as more specifically set forth in the Final Programmatic Section 4(F) Evaluation - Alpine Road (Downslope)Repair Project as well as any mitigation measures or conditions set forth herein. 5.2. Town shall be solely responsible for properly maintaining the roadway, culverts, retaining walls, drainage facilities and any slope or other improvements installed by Town upon the District Easements. 5.3. After construction is complete, Town shall hydro-seed the slopes of the embankments from the retaining walls to the roadway. The native hydromulch mix shall consist of California Brome (16 lbs./acre), California Meadow Barley(12 lbs./acre), Blue Wildrye (10 lbs./acre), Arroyo Lupial (4 lbs./acre) and Purple Needlegrass (4 lbs./acre). 5.4. Town agrees to restore and re-vegetate any areas impacted by the Project to a condition comparable to its prior condition, including the like-kind replacement of any damaged or destroyed stem measuring over six inches (6") diameter at breast height, and shall maintain and monitor said replacements for a period of three (3) years to ensure they are successfully established. Town shall use caution when working around all existing trees and significant vegetation to ensure the least impacts to the visual and biological resources of the area. Town agrees to tag any trees for removal at least two (2) weeks prior to actual removal. Town proposed and District agree that replacement of dead trees will not be required. May 5, 2000 1:33 PM * Page 3 5.5. Town shall insure that all construction plans, techniques, and materials conform to all applicable specifications and standards of San Mateo County, the State of California, including but not limited to, the Department of Fish and Game, the United States of America, including but not limited to, the Department of Transportation, District, and any other government agencies having lawful jurisdiction over the Project. 5.6. Town shall use, and cause its employees, agents, representatives and contractors, to use, due care at all times to avoid or minimize any damage or harm to District property and to the native vegetation and natural attributes of the District Easements. In the event of an emergency or potential threat to public health, safety or welfare, as reasonably determined by District, District shall have the right to further condition, restrict or oversee any permitted work on the Subject Property. Under no circumstances shall Town damage, harm or take any rare, threatened or endangered species on or about the Subject Property. 5.7. Town shall be responsible for obtaining any and all necessary permits and approvals for this Project and for any subsequent maintenance and repair. Town shall perform all work in full compliance with all such permits and approvals and shall supply District with copies of any and all permits and approvals as well as the final sign-off, if such is required, on such permits. 5.8. Town shall confine its activities under the Project to the District Easements and shall not conduct any activities related thereto outside District Easements on District property without prior express written consent of District in the form of a License or Permit to Enter. 5.9. Town may bring onto the District Easements only such persons, vehicles, and equipment as are reasonably necessary for the Project. 5.10. Town shall be responsible for maintaining and supervising all safety measures required by permit or by law, including O.S.H.A. requirements and California Labor Code Section 6705, if applicable. 5.11. Town shall notify District in advance of the time, date and place of project pre- construction meetings and District shall have the fight to attend such meetings in order to provide input on impacts to District Land. 5.12. Town will be responsible for any repair or replacement of any damage on the site May 5, 2000 1:33 PM Page 4 resulting from its activities, and will repair such damage in a timely manner. 5.13. Town will keep the surrounding District Lands free from accumulation of surplus or materials, rubbish, debris equipment, and waste material due to road maintenance and/or repair. All debris and hazardous materials resulting from the Town's work shall be removed to a legal dump site. 5.14. Town shall notify District upon completion of all work and arrange for a site inspection with District staff before vacating the site. 5.15. District shall have no responsibility or liability of any kind with respect to utilities that may be on, in or under the District Easements. Town shall have the sole responsibility to locate such utilities or other facilities and to protect them from damage or replace them. Town shall be solely responsible for arranging and paying directly for any utilities or services necessary or convenient for its activities hereunder. 5.16. Town shall provide District with prior written notice of its intent to drill or conduct any soil boring, install any wells, or perform any other intrusive investigations in, on or under Subject Property and shall provide District with a reasonable opportunity to review, comment on, and reasonably condition any such investigations. Town shall promptly deliver to District copies of any reports relating to any testing or other inspection of Subject Property performed by Town, its agents, employees or contractors, but shall not deliver any such reports to any other person or entity without District's prior written approval, unless required by law. Town shall first notify District of any request for disclosure or other potential for disclosure in order to allow District an opportunity to defend against any attempt to compel or make such disclosure. 5.17. Town shall not permit to stand any mechanics', materialmen's or other similar liens or claims against the Subject Property or any interest therein for labor or material furnished in connection with any work performed by Town, its agents, representatives or contractors under this License. Upon reasonable and timely notice of any such lien or claim delivered to Town, Town shall immediately notify District of same. Town may bond and contest the validity and the amount of any such lien in accordance with applicable law, but Town shall immediately pay any judgement rendered, including penalties, as well as any reasonable costs and expenses incurred by District as a result of challenge, and shall pay all proper costs and charges and shall have the lien or claim released at its sole expense. Town shall obtain appropriate payment and performance bonds in connection with any and all third party contractors performing any May 5, 2000 1:33 PM Page 5 construction work on the Premises. Town shall also post notices of nonresponsibility on behalf of District in all areas where work on the Subject Property is performed by Town or its agents. 6,0, Conditions Of Agreement- Town Easement. 6.1. Town specifically agrees to implement all mitigation measures and conditions as more specifically set forth in the Final Programmatic Section 4(F) Evaluation - Alpine Road (Downslope)Repair Project as well as any mitigation measures or conditions set forth herein. 6.2. Town shall maintain the Alpine Road right of way, including the installation, repair and maintenance of culverts, retaining walls, drainage and other slope improvements so as not to materially impair or damage the riparian and open space values intended to be protected and preserved by the grant of the Town Easement. 6.3. Subject to District written approval as set forth in Section 6 hereof, Town may remove diseased and/or dead plants and trees and remove such timber as may be required for fire prevention, or public health and safety. 6.4. Subject to District written approval, Town may plant native species of plants. 6.5. Subject to District written approval, Town may build and maintain pedestrian, bicycle and equestrian trails. 6.6. Town shall not erect, construct, place, or maintain or authorize the erection, construction, placement or maintenance of any improvement, building or structure or any other thing whatsoever on the Town Easement, except for Project components, without the express written approval of the District after Design Review. 6.7. Town shall not use or authorize the use of the Town Easement for any purpose except as open space. 6.8. Town shall not use or authorize others to use the area of the Town Easement or any portion thereof, as a parking lot, storage area or dump site or otherwise deposit or authorize to be deposited on the Town Easement, or any portion thereof, temporarily or otherwise, anything whatsoever which is not indigenous or natural to said area of the Town Easement. 6.9. Town shall not cover or cause the Town Easement to be covered, in whole or in part, with any asphalt, stone, concrete, or other material that is not a natural cover May 5, 2000 1:33 PM Page 6 for such land and shall not otherwise disturb the natural cover for the land. Town shall not excavate, grade, or authorize any excavation or grading to be done, or place or authorize to be placed, any sand, soil, rock, gravel or material whatsoever on Town Easement except as may be required for fire prevention, elimination of diseased growth. 6.10. Town shall not fish, trap, hunt, capture, kill or destroy or authorize the fishing, trapping, hunting, capturing or destruction of fish or aquatic life of the Town Easement except with the prior written approval of District and the County of San Mateo and for health and safety purposes or in conjunction with scientific research only. 6.11. Town shall not divide or subdivide the area of the Town Easement or otherwise convey (other than under threat of condemnation) a portion of such property less than the whole to one or more parties, or convey said Town Easement to two or more parties each of whom acquires title to less than the whole of the Town Easement. As used herein"party" means and includes any person, corporation, partnership, or other legal entity capable of holding title to real property. 6.12. Town shall not cut, uproot or remove or authorize the cutting, uprooting or removal of timber or trees or other natural growth found or located on the Town Easement except as may be required for fire prevention, elimination of diseased growth, or construction and maintenance of the existing roadway. 6.13. Town shall not operate or authorize the operation on the Town Easement of any motor bike, trail bike, go cart, or other motor driven or motor powered vehicles except those motor vehicles reasonably necessary for the use of Town for the accomplishment of the purposes for which the Subject Property is used pursuant to the terms and conditions, restrictions and covenants set forth herein for the Town Easement. 6.14. Town shall not place any advertising signs of any kind or nature on the Town Easement except for identification, trail, advisory and directional purposes consistent with the use of the Town Easement as further provided herein. 6.15. Town shall not plant vegetation on the Town Easement except for approved soil management, erosion control, reforestation and landscape screening. All vegetation so planted shall be native California vegetation indigenous to the area. 6.16. Town shall not use or allow the use of firearms or dangerous weapons on the i Town Easement except for personal protection and safety. May 5, 2000 1:33 PM Page 7 i 6.17. Town shall not use or authorize the use of fireworks or pyrotechnics on the Town Easement. 6.18. Town shall not play or perform or allow the playing or performance of loud or disturbing amplified music on the Town Easement. 6.19. Town shall not build, light or maintain, or authorize others to build, light or maintain any open or outdoor fire on the Town Easement. 6.20. Town shall not mine, extract, sever or remove, or permit or cause to be mined, extracted, severed or removed any natural resource found or located on, above, or under the Town Easement in a manner that would jeopardize or alter the natural scenic character of the property, or to otherwise engage in any activity on the Town Easement which would or may destroy the natural and scenic characteristics of the Town Easement. 7.0 Design Review By District. 7.1. Except for Project related construction, District shall have the right of Design Review and Approval as herein defined with respect to any and all uses and improvements proposed for the Town Easement. Design Review is intended to provide a process for review and approval by the District of use and improvement in environmentally and ecologically sensitive areas in order to assure that the proposed use and improvement will be consistent with open space use and harmonious with other uses in the general vicinity and will be compatible with environmental and ecological objectives. 7.2. With regard to any proposed uses or construction of any improvements on the Town Easement, an application for design review shall be made to the District. The application shall include the following: 7.2.1. A site plan showing the location of all proposed improvements or uses and indicating the proposed uses or activities on the areas. 7.2.2. Drawings or sketches showing the elevations of all proposed improvements, sufficiently dimensioned to indicate the general scale, height, and bulk of such improvements. 7.3. Within 30 days from the filing of the application with District, District shall review the site plan and drawings, and shall make its recommendations based upon the following objectives with respect to siting of culverts, walls, fences, gates, signs and other improvements, removal of natural vegetation, grading, wall, culvert and fencing types, and erosion protection: 7.3.1. To ensure use, construction and operation in a manner that will be orderly, May 5, 2000 1:33 PM i Page 8 harmonious and compatible with existingorpotential uses f P o adjoining or J g nearby sites. 7.3.2. To ensure that sound principles of environmental design and ecological balance shall be observed. 7.4. All such improvements shall be constructed or installed in accordance with the plans as approved by the District. 8.0 Indemnity And Release Of Liability. Town shall fully release, indemnify, hold harmless and defend District, its directors, officers, employees, contractors, and agents, from and against all liability, claims, suits, sanctions, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, for injuries to or death of any person and damage to or loss of any property on the District Easements, except to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of District's directors, officers, employees, contractors, or agents, or otherwise arises out of matters which, by the terms of this Easement, are the responsibility of District. District shall fully release, indemnify, hold harmless and defend Town, its directors, officers, employees, contractors, and agents, from and against all liability, claims, suits, sanctions, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, for injuries to or death of any person and damage.to or loss of any property on the Town Easement, except to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of Town's directors, officers, employees, contractors, or agents, or otherwise arises out of matters which, by the terms of this Easement, are the responsibility of Town. If liability arises due to the concurrent negligence of Town and District, each party shall contribute costs of any such suits, defense, damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. 9.0 Insurance. Town and District, at each's sole cost and expense, shall maintain in full force and effect comprehensive general liability insurance covering bodily and personal injury and property damage arising out of their respective activities in or on their respective Easement ranted g g P P g hereunder. Limits shall not be less than $5,000,000.00 per occurrence for bodily injury and $500,000.00 per occurrence for property damage. Such insurance policies shall not be canceled or materially changed without thirty (30) days advance written notice to District. May 5, 2000 1:33 PM Page 9 10.0 Miscellaneous Provisions. 10.1. Inspection. Town grants to District a right, but does not create an obligation, to enter upon the Town Easement for the purpose of removing an f building, structure, improvement or other thing whatsoever constructed, erected, placed, stored, deposited or maintained on the Town Easement contrary to the stated purposes, terms, conditions, restrictions or covenants of Town Easement to prevent or prohibit any activity which will or reasonable might destroy the natural and scenic characteristics of the Town Easement, subject however to thirty (30) days written notice to Town by District before commencement of any action on the part of District under this Section. The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all of them may be specifi- cally enforced or enjoined by proceedings in the Superior Court of the State of California. 10.2. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 10.3. Amendment. The parties hereto may by mutual written agreement amend this Agreement in any respect. 10.4. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any,right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10.5. Notice. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepalor if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium and addressed as indicated as follows: Town: Town of Portola Valley 765 Portola Road May 5, 2000 1:33 PM Page 10 Portola Valley, CA 94028 Attn: Public Works Director TEL: (650) 851-1700, ext. 14 FAX: (650) 851-4677 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirements provided in this Section. 10.6. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 10.7. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. In the event of an disparity p Y ant P Y between the counterparts produced, the recorded counterpart shall be controlling. 10.8. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to May 5, 2000 1:33 PM i i Page 11 i be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 10.9. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement, it embodies the entire agreement and understanding between the parties hereto; it 'constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 10.10. Time of the Essence. Time is of the essence of each provision of this Agreement in which time is an element. 10.11. Survival of Covenants. All covenants of District or Town which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 10.12. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 10.13, Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 10.14. Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 10.15. Pronouns and Gender. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 10.16. Authority. Town and District both represent and warrant that each has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. May 5, 2000 1:33 PM Page 12 IN WITNESS WHEREOF, the parties have executed this agreement below on the day and year shown therewith. TOWN OF PORTOLA VALLEY ("Town"): Recommended for Acceptance: By: Real Property Acquisition Agent By: Mayor Attest: By: Town Clerk i May 5, 2000 1:33 PM Page 13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ("District"): Approved as to Form: By: Date: Susan M. Schectman General Counsel Recommended for Approval: By: Date: L. Craig Britton General Manager Approved and Accepted: By: Date: Ken Nitz President, Board of Directors Attest: By: Date: Deirdre Dolan District Clerk I May 5, 2000 1:33 PM Page 14 APPENDIX A Description of District Easements A portion of County of San Mateo Assessor's Parcel No. 076-340-070, more particularly described as the area lying southerly of the southern high water bank of Corte Madera Creek and extending therefrom to the southerly property boundary of said parcel. May 5, 2000 1:33 PM Page 15 APPENDIX B Description of Town Easements County of San Mateo Assessor's Parcel No. 080-241-430 County of San Mateo Assessor's Parcel No. 080-250-080 County of San Mateo Assessor's Parcel No. 080-250-160 it I May 5, 2000 1:33 PM Page 16 EXHIBIT C REVEGETATION SPECIFICATION GUIDELINES 5/3/00KP:\TPV83l\ce\4f-cvaluation.wpd» LSA Associates,Inc. EXHIBIT C REVEGETATION SPECIFICATION GUIDELINES FOR THE ALPINE ROAD (DOWNSLOPE) AND PORTOLA ROAD BRIDGE REPAIR PROJECTS The following are guidelines for preparation of the revegetation specifications for the Alpine Road(Downslope)and Portola Road Bridge Repair Projects. GRADING • A Project Biologist/Restoration Specialist will be under contract and present on site during grading activities as needed to ensure compliance with the specifications. • Soil excavation in the mitigation sites will be limited to designated areas, presently devoid of native vegetation, and will not adversely affect existing riparian communities or other sensitive plant communities, except as neces- sary to provide the appropriate hydrological conditions for the mitigation areas. The following specifications should guide the grading and contouring of the miti- gation areas: • Following breakup and excavation during construction,the revegetation areas should be backfilled with clean soil to a minimum depth of four feet and a maximum depth of seven to eight feet. • Slopes adjacent to Corte Madera Creek should be no greater than 2:1, unless absolutely necessary. • The finished grade of the revegetation areas above the riprap section should not be smoothed out. A rough surface with occasional cobbles and small boulders, if any,will provide numerous"safe sites"(microhabitat variety and protection), which are intended to facilitate the establishment of container plants and seed. The general contours of the final grade should facilitate distribution of the irrigation water over the entire site. • Compaction of the upper 24 inches of the revegetation areas above the riprap should not to exceed 85 percent when grading is complete to promote healthy root development of seed and container plant materials. • All impacts associated with grading should be accounted for on the grading plans(access roads, staging areas, limits of work,stockpile areas). 513/00((PATPV83 1\bio\Reveg_guidc.wpd)) LSA Associates,Inc. • Slopes should be designed to avoid impacting large native trees where feasi- ble. In addition to those stated above,the following specifications should guide the grading and contouring the mitigation areas: • The repairs should be designed to maintain the current velocities through the channel without allowingexcessive erosion through the site. When perform- ing g P ing hydrological analysis, the unvegetated state at the beginning of the revegetation effort, as well as the vegetated state presented as the goal of the project(means of slowing velocities), should be considered. • Slopes should be created to appear more natural than manufactured. SURFACE LITTER(MICROBIAL SOIL INOCULU* WITHIN THE RIPARIAN AREAS I If native topsoil is not available, to inoculate the revegetation areas microbial soil/ surface litter may be collected by the Revegetation Contractor under the direction of the Project Biologist/Restoration Specialist from the riparian areas adjacent to the revegetation sites, and spread throughout the revegetation planting areas above the riprap, following planting and seeding. Surface litter should be collected from areas that do not contain non-native species, and should be stockpiled adjacent to the revegetation areas on a weed free surface for no longer than two weeks. Caution should be taken not to collect weedy species with seed heads or nodes of obnoxious species, such as poison hemlock(Conium maculatum)and periwinkle(Vinca major). Surface litter should be collected by raking and/or shoveling small(3x3 foot)sections of plant material from adjacent areas lidentified by the Project Biologist/Restoration Specialist. The surface litter material should be placed in buckets or tarps,then trans- ported Specialist. Biologist/Restoration ported to a stockpile location chosen by the Project p l Surface litter should be collected to cover each container pant the willow and alder i cuttings' watering basins,one-quarter to one-half inch thick. EROSION CONTROL/BANK STA BILIZATION In the mitigation areas,habitat may be subject to erosion due to currently high veloci- ties. At the discretion of the Project Biologist/Restoration Specialist, silt fencing, berms, sandbags, rice straw wattles (on the slope above the riprap), willow wattling, root wads, and/or other live siltation construction should be installed where necessary, if it is determined that plantings and/or substrate will be,or are being, lost to erosion. Vegetative materials used to construct these structures will be salvaged from the on- site construction areas,whenever feasible. Ungrouted riprap with occasional root wads will be installed below the retaining walls within the mitigation areas. The ungrouted riprap and root wads will be placed along 5/3/00«P:\TPV831\bio\Reveg guide.wpd» 2 I approximately 25 linear feet, approximately five feet of which will be keyed in at the bottom of the slopes. Increased sediment accumulation in the creek during construction should be minimized by implementing standard siltation control measures, which include placing berms, sandbags, silt fences, or equivalent structures around the work areas to detain silt laden runoff from entering the drainage course. WEED/EXOTIC PLANT ERADICATION Prior to any planting, exotic plants/weeds should be removed from all areas to be revegetated. Mechanical control methods should be employed, if feasible; however, heavy equipment (e.g., bulldozers, backhoes) should not be used to eradicate exotic plants and weeds. In circumstances where mechanical control is not effective, it should be necessary to utilize systemic herbicides that have been approved by the U.S. Environmental Protection Agency (EPA) for use in aquatic situations (e.g., Rodeo by Monsanto). The Project Biologist/Restoration Specialist will be present to supervise all spraying or wicking, to ensure that the application avoids desired native plants to the extent possible. Eradication of invasive exotic plants and/or ruderal species, following site preparation but prior to planting, should not be necessary within habitat mitigation areas if planting and seeding are conducted shortly after grading. However, if weeds become established in any mitigation area prior to planting, eradication should be completed prior to planting or seeding. This determination will be made by the Project Biologist/Restoration Specialist during site preparation. PLANTING PLAN The locations of the mitigation areas are shown on the Alpine Road Repair Plan and Landslide Susceptibility Map in Appendix A. A plan view and typical cross sections are also included in Appendix A. Approximately 1,194 square meters (0.3 acre) of revegetation will be implemented to mitigate for approximately 879 square meters (0.21 acre) of impact during project construction. The acreage increase is due to fill slopes that will be built below retaining walls in areas that are currently shear drop- offs. As a result, the fill slopes will increase the area available for revegetation in these areas. Riprap and root wads will be utilized along the toe of slope in the repair sites. The revegetation areas are variable in this regard, and final slopes and grades will depend upon the existing geological conditions that prevail. The final planting plans to be included in the construction documents will more clearly define the variation in the different sections. The final planting plans and specifications will be reviewed and approved by the Town of Portola Valley, the California Department of Fish and Game (CDFG), and the Army Corps of Engineers (Corps), and MROSD. 3 LSA Associates,Inc. Planting Plan and Methods Appropriate native species will be planted and seeded throughout the mitigation areas in locations where they are most likely to persist without human assistance after a period of establishment. Most trees and shrubs will be planted from containers. Arroyo willow(Salix lasiolepis),white alder(Alnus rhombifolia),and box elder(Acer negundo ssp.californicum)cuttings will be planted along the lower slopes and various locations of the site. Grasses and herbs will be seeded manually on site. Slopes above the riprap to be revegetated may be hydroseeded with herbaceous species as an alternative to broadcast seeding in order to limit the risk of erosion and to help prevent weeds from becoming established in disturbed areas. i Trees and shrubs should be planted in random groups to more closely resemble a natural setting and to take full advantage of favorable microclimate conditions. Plant locations should be flagged in the field by the Revegetation Contractor and approved by the Project Biologist/Restoration Specialist prior to planting. Plant Materials Container Stock When feasible, propagules for shrub and tree container plantings should be collected from plants growing on the project site or in the local area. The use of site specific' materials, which are adapted to local conditions, increases the likelihood that revegetation will be successful,and maintains the genetic integrity of the local ecosys- tem. For widespread herbaceous species that are more likely to be genetically homo- geneous, site specificity is a less important consideration, and stock from commercial sources may be used. If local propagules are not available or cannot be collected at least months riot to th e fall planting, materials own from other sources in the six p p g, � San Mateo and/or Santa Clara Counties and should be substituted. Arrangements should be made well in advance of planting to ensure that plant materi- als are available at the appropriate planting time. Sufficient time should be allocated for seed collection and contract growing. Subject to confirmation by the plant suppli- ers, a minimum lead time of ten months should be allocated prior to the anticipated planting dates. Container plants should have healthy,well developed root systems,and should not be rootbound. The Project Biologist/Restoration Specialist should inspect a represen- tative sample of all plant stock, and should reject those plants that do not meet these f requisite standards. f i Refers to propagules originating on site or from the near vicinity(i.e.,less than five miles from the project site). 5/3/00<<P:\TPV831\bio\Rcve"uide.wpd» 4 LSA Associates,Inc. Arroyo Willow, White Alder, and Box Elder Cuttings The following guidelines apply to collecting arroyo willow,white alder,and box elder cuttings for immediate use on the site: • Collect the cuttings within 48 hours of anticipated planting. Cuttings not i planted within 48 hours of collection should be disposed of in an appropriate manner. j Take cuttings only from healthy,vigorous plants that are in a dormant state. • Do not collect from more than 50 percent of the plants in a given area,and do not remove more than 50 percent of any plant. Cuttings should be approximately 24 inches in length, and should range be- tween 0.5 and 1.0 inch in diameter. I • Cut the top of each cutting square,above a leaf bud;cut the base,below a leaf bud,at an angle of`approximately 45 degrees. Use only sharp,clean tools. • Trim,flush with the stem,all leaves and branches from the cuttings. • Place cuttings in water until planting time. Cuttings that are allowed to dry should not be used. Acorn Collection In order to maximize the chances of successful establishment, some of the coast live oaks and black oaks planted in the mitigation site will be from seedlings,and some will be from acorns. All of the oaks(seedlings and acorns)planted under this plan will be from acorns collected on the project site or the immediate vicinity. The following specifications apply: • Acorn collection for container propagation should take place in October or November of the year preceding planting,in order to ensure availability and to allow preparation of the seedlings and germinated acorns at the projected time of planting. Acorn collection for direct planting should be collected during October 1 through November 30 of the same year that planting will occur. • The acorns collected should be mature and show no evidence of insect dam- age, disease or drying; when placed in a bucket of cool water, the acorns should not float. i • If fallen acorns are collected, those acorns that have a cap are usually not viable,and shall not be collected. 513/00KP:VrPV831tbio\Reveg guide.wpd» 5 Fifty percent more acorns should be collected and treated than will actually be planted, to ensure sufficient oak planting materials. Viability tests will be performed by the collector overseen by the Project Biologist/Restoration Specialist. Seed Source The seed source should be selected following guidelines listed above for sources of propagules. Arrangements for seed/plant material collection should be made as soon as possible to ensure availability of material. Seeds and other propagules should be collected within the project area or within a five mile radius of the site. If the collector cannot locate adequate seed/plant material collection areas for any of the species, the collector should contact the Restoration Specialist immediately so that the Project Biologist/Restoration Specialist can assist in locating adequate collection locations. The collector should be responsible for storing seed/plant material in a manner that protects viability until delivery. Once delivered to the site, the viability of the seed is the responsibility of the Revegetation Contractor. Seed should be collected conservatively from each selected area to preserve existing plant communities. Great care should be taken to ensure maximum and efficient salvaging from the project area. No more than ten percent of the seed material should be taken from each plant or each population. The seed/plant material for each species should be collected from more than 30 plants to increase genetic diversity. It is the responsibility of the Seed and Plant Material Collector to coordinate with the Project Biologist Project Biologist/Restoration Specialist at least 48 hours prior to anticipated site visits so that the Town of Portola Valley, and MROSD can be notified and arrangements can be made in advance for access, if necessary. It should be the responsibility of the collector to obey property access requirements. It is the responsibility of the collector to coordinate with the landowner to acquire any necessary permits for collection of seed/plant materials and to secure the property owner's permission to collect plant materials from sites. When collecting, the Project Biologist/Restoration Specialist may meet the seed collector on site to observe seed collection locations and methods. The effects of seed/plant material collection on existing habitats may be documented by photos taken by the Project Biologist/ Restoration Specialist at each location before and after seed/plant material collection. No collection should take place until the locations are approved by the Town of Portola Valley, MROSD and the Project Biologist/Restoration Specialist. Seed should be collected during the appropriate time of year, depending on species. 6 LSA Associates,Inc. Seed Handling j The seed collected should be kept separate by the seed collector until the time of application,unless requested by the Revegetation Contractor,Project Biologist/Resto- ration Specialist, or Town of Portola Valley. All seed should be cleaned by the seed collector as appropriate and treated, if required, for germination. The seed collector should provide collecting labels for each species to the Project Biologist/Restoration Specialist. Labels should also be attached to the seed bags, and should include genus and species names,collection date,collection location, slope aspect of area collected, number of source plants,and total weight in pounds. I Seed and Acorn Storage Seed bags should be labeled legibly, showing quantity, analysis, and genus/species within each bag. If seed is not immediately utilized after delivery, it should be pro- tected from weather and/or other conditions that could damage the seed. The seed should not be stored in metal containers where the temperatures are above 80 degrees F. The storage area should be dry and clean,and the seed should not become wet or moldy. Any seed stored on site should be inspected before application,and any apparently damaged seed should not be used. Following collection and viability testing of acorns, acorns should be stored by the collector or nursery as discussed in the section below. Preparation of Acorns and Oak Containers Oak Container Seedlings Coast live oak and black oak seedlings should be grown from acorns in deep, one gallon containers to avoid root coiling, which has been associated with poor growth and high mortality for oak container plantings. The seedlings will be grown in a controlled setting (i.e., a nursery) from acorns collected from the project site or the immediate vicinity(as described previously). Acorns The acorns should be chilled and softened in order to initiate germination prior to planting. Optimum conditions for acorn pre-germination are a cool environment of approximately 34-39°F that provides moisture retention of 20-30 percent to the acorn (Forest Service USDA, 1974; and Mike Evans, Tree of Life Nursery, personal com- munication). The Revegetation Contractor and/or the Seed and Plant Material Con- tractor will be responsible for the storage of the acorns awaiting planting. The follow- ing methodology is recommended: 5/3/00«P:\TPV831\bio\Reve"uide.wpd» 7 i LSA Associates,Inc. • For acorns awaiting planting, place in paper or cloth bags and refrigerate at 38' F for 30 days. This period will not exceed 30 days,so the acorns will not dry and begin to germinate. • Check the bags regularly for temperature and germination. • At the first sign of germination (sprout up to one inch long), plant the acorns according to the technique described below (required for container plantings only). • Acorn direct planting only: if acorns begin to germinate prior to planting,take caution to avoid disturbing the protruding tissues. Planting Techniques All plants should be spaced in natural looking patterns, so that each species is distrib- uted throughout the planting area and plants are not crowded together. Plants may be arranged in species groups by the Project Biologist/Restoration Specialist,based on the microhabitat conditions present and the recommended spacing guidelines provided in the plant palettes(Table A). Table A-Container Stock Spacing Common Quantity/ (meters on Species Name Size Acre center) Distribution Acer macrophyllum big-leaf maple tree pot/ 20 5-12 scattered above 1 gallon riprap Acer negundo ssp. box alder cuttings 8 6-12 groups of 3-5 ten californicum feet above and below OHWM Alnus rhombifolia white alder cuttings 20 2-3 groups of 3-5 ten feet above and below OHWM Arbutus menziesii Pacific madrone l gallon/ 4 15-30 scattered above tree pot riprap Ceanothus velutinus ceanothus I gallon 10 5-8 scattered above hookeri riprap Cercocarpus betuloides mountain tree pot/ 4 5-8 scattered above mahogany I gallon riprap Heteromeles arbuitifolia toyon tree pot/ 4 24 scattered above I gallon riprap Lithocarpus densiJlorus tan oak I gallon/ 20 2-6 scattered above tree pot riprap 5/3/000PATPV8311biolReveg_guide.wpd» 8 I I LSA Associates,Inc. Spacing Common Quantity/ (meters on Species Name Size Acre center) Distribution Lonicera hispidula hispid rose pot/ 16 1-2 scattered clusters honeysuckle D40/ of 5-7 above 4 inch riprap Pseudotsuga menziesh Douglas fir I gallon/ 20 5-12 scattered above tree pot riprap Quercus agrifolia coast live oak tree pot/ 8 6-9 scattered above Deep I riprap gallon Quercus kelloggii black oak tree pot/ 8 6-9 scattered above Deep I riprap gallon Rosa californica California rose rose pot/ 40 1-3 groups of 3-5 4 inch above riprap Rubus ursinus Califominia rose pot/ 40 1-3 groups of 3-5 blackberry I gallon above riprap Salix lasiolepis arroyo willow cuttings/ 20 24 groups of 5-7 ten I gallon feet above and below OHWM Sambucus mexicana Mexican D40/ 10 3-6 scattered above elderberry I gallon riprap Sequoia sempervirens coast redwood tree pot/ 4 3-7 scattered above I gallon ripmp Umbellaria californica California bay tree pot/ 14 4-5 scattered above I gallon riprap Container Plant Installation The following planting techniques should be employed for container plants: • Design plant spacings according to the guidelines provided in the plant palette tables. • Provide augured planting holes at least three times as deep as the container plants rootball and two times as wide; all planting holes should have vertical sides with roughened surfaces. Partially fill each planting hole with the exca- vated backfill. • Fill the planting hole with water, and allow the water to absorb into the sur- rounding ground. This should effectively remove any air pockets, and allow good contact between the root ball and the surrounding soil. Once the water has completely drained,be certain not to disturb the settled soil in the bottom of the planting hole. 5/3/00<<P.\TPV831\bio\Revc&_guide.wpd)) 9 LSA Associates,Inc. 0 Adequately protect roots from the sun and/or drying winds at all times. 0 Remove the plant from the container and scarify the sides of the root ball to promote development of new roots. Any roots wrapped around the sides of the container should be pulled loose from the root ball. 0 Plant with roots untangled,where practicable; lay the roots out in the planting hole to promote root penetration. 0 Set the plant in the planting hole so that the crown of the root ball is 0.5 to 1.0 inch above the ultimate soil surface (i.e., finished grade). Lightly tamp the finely broken up backfill around the root ball, making certain not to depress the crown of the plant. The top of the root collar should be exposed rather than covered with soil; however, the sides of the root ball should not be ex- posed. • Provide a three inch high earthen watering basin 24 inches in diameter around each planting. • Immediately following each planting, deep soak each plant with sufficient water to reach the lower roots. In addition,this will assist in settling the plant. Cutting Installation Arroyo willow,white alder, and box elder cuttings should be planted according to the following specifications: • Apply a root stimulant to each cutting prior to planting, in accordance with manufacturer's instructions. • Plant in holes approximately two inches in diameter,with a minimum depth of 24 inches. All planting holes should have vertical sides with roughened sur- faces. Partially fill each planting hole with the excavated backfill. When installing between riprap, soil, cuttings, and rock should be layered or the spaces between the rocks to be planted with cuttings riprap should be filled with suitable soil prior to planting cuttings. • Fill each planting hole with water, and allow the water to absorb into the surrounding ground. Once the water has completely drained,be certain not to disturb the settled soil in the bottom of the planting hole. Repeat this watering process once more. When most of the second filling of water has soaked into the ground, insert a cutting in the hole. The base of the cutting should be a minimum of 18 inches deep and should have three to five bud scars exposed above ground. 5/3/00((P:1TPV83 1\bio\Reveg_guide.wpd)) 10 i LSA Associates,Inc. • Backfill with excavated material. The material should be distributed evenly throughout, without clods or air pockets, and filled in without damaging the bark of the cutting. • Tamp down the Backfill sufficiently to prevent easy removal of the cutting. * Immediately following installation,deep soak each plant twice with sufficient water to reach the lower roots. In addition,this will assist in settling the plant. Acorn Planting If acorn planting is selected, acorn planting will take place during acorn collection period (October through November). If collected a maximum of 30 days prior to planting,acorns will be stored as discussed in Section"Preparation of Acorns and Oak Containers." Acorns should be planted according to the following methodology: • Dig a hole at least 18 inches deep and 15 inches wide; • Place pre-constructed caging or screening in hole to 18 inches deep(36 inches will remain above ground). • While holding the caging in place, backfill the hole with topsoil free of rocks and clods,to within two inches of the top; • Water to soil to settle it; • Add more soil to bring up to one inch below the ground surface; • Place three recently germinated acorns horizontally,and evenly spaced inside the hole, with the protruding root pointed down and the protruding stem, if any,pointed up; • Cover the tops of the acorns with approximately 0.5 inch of fine soil, and lightly tamp down with hand; • Close the cage top,as specified below. Shadecloth Shadecloth will be placed around the oak seedlings by the landscape crew supervised by the Project Biologist/Restoration Specialist, to prevent excess evaporation, heat stress, and sunburn. The shadecloth will also reduce the amount of watering. Fifty- five percent shadecloth will be placed adjacent to each acorn planting location at an angle to prevent direct sunlight from hitting the seedling. Shadecloth will be removed 5/3/00((P:\TPv831\bio\Reveg_guide.wpd)) 1 1 LSA Associates,Inc. after the seedlings outgrow the height,or after two years. For those seedlings planted under the oak canopy, or where the canopy acts as a screen, shadecloth will not be necessary. Shadecloth will be ordered in the summer to ensure availability during the planting period. According to native plant specialist Mike Evans (Tree of Life Nursery), the average survival rate of acorn plantings is approximately 30 percent,which is broken down as follows: 1. Of acorns planted,60-70 percent will germinate. 2. Of those 60-70 percent acorns that germinate,approximately 40-50 percent of those seedlings will survive through the first year,due to herbivory and envi- ronmental factors. Anti-Herbivory Caging Acorn seedlings are extremely susceptible to gopher herbivory from below, and deer and rodent browsing from above. Therefore, one inch mesh wire or hardware cloth cages will be used around each seedling. Anti-herbivory cages will be constructed by the Revegetation Contractor. Caging should be cut 48 inches wide by 54 inches long. The cages should be formed into a circle, and bound with clasps prior to installation into the holes. Once installed,the top will be folded over one inch and clipped. Seeding Techniques Manual broadcast seeding and/or hydroseeding, as determined by the Project Biologist/Restoration Specialist,should be used in the mitigation areas. The seed mix in Table B should be used for all revegetation areas where riprap is not installed. Seeding should take place following completion of final grading and site preparation, preferably between November 15 and December 31 but not before October 15 or after February 1. These periods may be altered with the concurrence of the Project Biologist/Restoration Specialist, based on an assessment of the current and projected weather pattern at the time. If seeding work cannot be performed within the specified time limit, the County and the Project Biologist/Restoration Specialist should be notified prior to the beginning of construction. 5/3/00<CP:\TPV831\bio\Rcvc"uide.wpd» 12 LSA Associates,Inc. Table B-Seed Mix Pounds Percent Kilograms Kilograms pure live Pure Live (Minimum Seed/ Pounds/ seed per hectare Seed per Species Common Name Germination) Hectare Acre (Slope Measurement) Acre Baccharis pilularis coyote brush 40 1.12 1.00 0.90 0.80 Bromus carinatus var. California brume 45 3.36 3.00 1.50 1.30 maritimus' Carmine cafifornica California toothwort 50 1.68 1.50 0.76 0.68 Clarkia purpurea' four-spot clarkia 45 0.60 0.50 0.30 0.20 E/ymus X triricum' Regmen 60 8.96 8.00 3.76 3.36 I Eriophyqum golden yarrow 60 2.24 2.00 0.40 036 conferriflorum Eschscholzia California poppy 40 2.24 2.00 0.90 0.80 cal mica' Hordeum meadow barley 40 4.50 4.00 1.60 1.40 brachyantherum' Lapimrs bicolor' miniature lupine 40 2.20 2.00 0.90 0.80 Mimuhts ourmuiaeus bush monkeyElower 70 1.12 1.00 0.04 OA4 Nemophila menziesii baby blue eyes 85 214 2.00 1.87 1.67 asp.memtesii Scrophularia californica Califomia figwort 35 0.56 0.50 0.20 0.18 Stachys bullato hedge nettle 50 0.56 0.50 0.20 0.18 Urtica dioica stinging nettle 50 0.56 0.50 0.14 0.13 Total 31.94 29.50 13.37 11.9 Hand Broadcast Seeding Seed should be applied following installation of container plants. All planting areas should be watered thoroughly and continuously for three consecutive days to saturate the upper layers of soil prior to the planting and seeding operation. Planting area soil surfaces should dry out for one day only prior to the seeding application or spreading of mulched vegetation. The Revegetation Contractor should not allow the soil surface to become overly saturated with water prior to the seeding installation. At the same time, the soil surface should not become too dry during this period. The first one- quarter inch of the soil surface should contain residual moisture. i Seed should be broadcast by the Revegetation Contractor on the revegetation areas as specified, immediately following placement of topsoil and following container plant- ing. No branches or rock should be removed from the site. The seed should be in- stalled dry. Seeding application methods could include hand or mechanical broadcast- ing,followed immediately by raking. 513/00(tP:\TPV831\bio\Reveg_guide.wpd0 13 LSA Associates,Inc. The seeding should be installed so that the area has an even, complete coverage of seed for each species and for each of the seeding areas. Calibration of the seeder for each type(or similar type)of seeds will be necessary,possibly requiring several passes to complete the seeding evenly. The spreader should be clean and free of contami- nants before the initiation of the seeding operation.eration. The seeds should be thoroughly mixed on site just before the start of seeding and each time seed spreading pauses to move to a new location; seeds should be proportioned by weight. The spreader(s) should be cleaned of excess seed between each of the seeding areas. All bare areas should be seeded. Seed should be broadcast evenly on the soil around each planting(outside watering basin),not directly on or under container plantings. If the plant leaves have seed on them after the installation process, the seed should be sprayed off with water by the Revegetation Contractor at the end of each day. Follow- ing the installation of seed over each area,the seed should be incorporated into the soil to a maximum depth of one-quarter inch by raking, dragging, or drilling, and tamped with the back of a rake,hoe,or similar tool to ensure good seed to soil contact. Hydroseeding If hydroseeding is selected, all container plants and cuttings should be temporarily covered with buckets or bags that are large enough to cover plants without damaging them, prior to hydroseeding in the planted areas. These covers are to be removed within 12 to 24 hours of the hydroseed application. Standard hydroseeding techniques should be employed,but with two applications,as follows: First application • 500 lbs./acre of wood fiber mulch. • 150 lbs. of Ecology Control binder(or comparable product). • Specified seed. Second Application • 1,500 lbs./acre of wood fiber mulch. To help control the growth of weeds,fertilizer should be excluded from the hydroseed mulch. Plant Protection In planting areas, planted materials may be subject to herbivory. At the discretion of the Project Biologist/Restoration Specialist,any or all of the following corrective mea- sures may be implemented, if it is determined that plantings will be, or are being, jeopardized by wildlife: 5/3/00(KP:\TPv831\bio\Reveg guide.wpd» 14 I Plantings susceptible to browsing should be protected using wire cages, tree shelters (e.g., Tubex), or exclosure fencing (e.g., temporary rabbit fences). Special screening should be installed around the roots of plantings to prevent damage attributed to subterranean herbivores (e.g., gophers). Protective devices should be maintained in place for at least three years, or until herbivory is no longer a threat to the survival of the plantings. MAINTENANCE, MONITORING, AND SUCCESS CRITERIA A vital component of any revegetation program developed to mitigate loss of biological value is maintenance of the planted and seeded areas until the plants are established. The mitigation areas will require regular maintenance during and following the initial warranty period, consisting primarily of frequent inspection of the sites for erosion problems, weed invasion, irrigation adequacy, herbivory, unhealthy or dying plants, and the removal of trash. These maintenance activities Y shall be implemented b a qualified Maintenance Contractor throughout the three to P Y q g five year monitoring/responsibility period, and supervised by the Project Biologist/Restoration Specialist. All plantings shall be maintained for a minimum of three years following installation. In general, maintenance shall include any activities required to meet the performance standards set for this mitigation program. The final success criteria for implementation of this plan will be developed as a goal to determine whether the revegetation effort is successful. Success criteria may include a percentage of total native vegetative cover and wildlife use similar to that of adjacent habitats. Compliance with these criteria will be based on satisfying the target functions and values, and on establishing the appropriate hydrologic regime after a minimum of two years following cessation of human support (e.g., irrigation, maintenance, weeding, reseeding, etc.). The purpose of monitoring is either 1) to document that the desired compensatory habitats have been established or 2) to identify any shortcomings, so that appropriate corrective actions can be taken. A monitoring plan will be developed during the final planning to evaluate the ongoing progress of the mitigation effort toward achieving the success criteria. The Project Biologist/Restoration Specialist shall execute the monitoring program described in this section. The Project Biologist/Restoration Specialist is responsible for writing the revegetation plan using the specifications outlined in this Section 4(F) Evaluation. In the event of failure of the success criteria, as defined by the Project Biologist/Restoration Specialist, additional measures shall be taken to achieve the success criteria. Project Biologist/Restoration Specialist Qualifications and Performance Criteria Since the Alpine Road project is adjacent to the Windy Hill Open Space Preserve, 15 which is owned and maintained by the MROSD, and within a Riparian Zone at Corte Madera Creek, the Project Biologist/Restoration Specialist shall have the following qualifications: i 1 Knowledge of the standards and construction methods for building and maintaining roads in rugged wildland settings. 2 Knowledge of the biological resources that are sensitive to construction activity, and ways to protect or restore them. 3 Knowledge of fluvial geomorphology, hydrology, and geology related to the impact of the stream on the road embankments/creek banks. 4. Knowledge of the regulations that affect construction in riparian settings. In MROSD's experience, the most knowledgeable individuals in the above areas tend to have gained this experience in conjunction with work on timber harvest operations, and/or in national forest or national park settings. Individuals should have backgrounds and qualifications in geology and/or hydrology, rather than biology, but a biologist could also have the practical experience to provide the above qualifications. To be most effective, this specialist should have a role throughout the design of the project, but at any stage of involvement, should have the ability to affect the design and construction in significant ways. This requires that they be present at each time. significant stage of the work on a daily basis, if not full t S g Y The objectives that this specialist would focus on in guiding the repairs and restoration should be to: 1. stay out of the creek if at all possible, 2. avoid removal of or impact on native vegetation and animal species, 3. avoid narrowing of the stream channel, 4 use repair methods that maintain wildlife habitat and aesthetic values as much as possible, and 5 Seek repair methods that are less expensive and easier to reconstruct, should they fail, in preference to a more elaborate, expensive, theoretically permanent solution that has more impact on the creek. 16 EXHIBIT D CORRESPONDENCE i i i 5/3/00t<P:\TPV831\ce\4f-evaluation.wpd>1 Town of Po rto I a VAey License Agreement - Slope Easement Area ,o 0 i MROSD P�P`ne Road LANDS OF BOVET RANCH �a i O U LANDS OF KABCENELL Map Legend Property Line Easement Creek Area Road: 4 Culverts:9 Gabion Wall: 3 EXHIBIT A2 WINDY HILL OPEN SPACE P ESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT D ° <o DD D a o � � o O D o o O ` D CONSERVATION EASEMENT AREA 0 0 0 Acz �o 6 O i i i oa W cc uj W cc a w U d ?i 0 z w O D w 0 L) U J Q O U EXHIBIT B: TOWN OF PORTOLA VALLEY CONSERVATION EASEMENT AREA 2000 0 2000 Feet �► ,fry .�.�--. MAN ' • Fgal of .701 off fit .. t Regional en g p _ ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 9, 2000 Mr. Kevin Rohani, Public Works Director Portola Valley Public Works Department 765 Portola Road Portola Valley, CA 94028 Subject: Section 4(f) Evaluation— Alpine Road Storm Damage Repair Project Dear Mr. Rohani: In reference to my letter of April 12, 2000, the Board of Directors of the Midpeninsula Regional Open Space District has reviewed the attached Programmatic Section 4(F) Evaluation for the Alpine Road Downslope Repair Project. On May 8, 2000 the Board affirmed concurrence with the assessment of impacts and proposed mitigation for the proposed project, with the following condition: • The District reserves the right to impose additional mitigation measures and conditions upon the Town of Portola Valley for construction of this project within District owned property, including, but not limited to the requirement that the Right of Entry Agreement shall be conditional on the Town of Portola Valley subsequently approving a Conservation Easement upon the Town's property identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160 in exchange for a permanent strip slope easement in favor of the Town for road related repairs. Sincerely, L. Craig Britton General Manager i 3.30 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAY:650-691-0485 . E-mail:mrosd@openspace.or . Web site:www.o ens ace.or K P P Board of Directors:Pete Siemens.,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder, Kenneth C.Nitz .General Alan<iger:L.Cr<3ig Britton 0+00 +O •ice. '- '.` 5 \ a� ��� tia \,•4\` �, I is ...\, .��: R:;::;t•.;::.. � �,,yyya'.. ,•tea •.\ 3 . "` cr r r3 • i r r I i r r SCALE '10' 0 10' 20' i I 4Mro4F7XOgW�W404•M 4-31-m ekaw rY So*" w. CATE n muc RrasoMa �rniovm 1 � ' PAVEMENT REPL ,ENT TABLE(DIGOUTS) h' STATIONS \ FROM TO DESCRIPTION 1+50 4+00 DIGOUT - 7 WIDE LEFT �\ •4'•. w ale 1 b f: ..,\ \\` '::�••... �- � �--.._ _ max!. / .:x:::�. ICa ti.\ kr y 4A -YIT 'r•11�'. 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I 1 I SCALE l0 20' 40' WILSEY00 ,a,orr«,W,, TOWN OFF PO CJ RTTO�LA VALLEY �.m�a >„� HAMS■ ALL0 10 ENGINEERING■PLANNING■SURVEYING =r'a °—� aM ALPINE ROAD RESTORATION — PHASE 2 NK 4 06 or 46 363A VINTAGE PARK DRIVE .'�,,� • ^�w a. PLAN S T A 19+2 0 T O 2 2+2 0 FOSTER CTY, CALIFORMIA 604 va v< Rrc 4 06 Ail" rr (650}346-21l1 F4 AlAx (630)343-4221 n aArr wTE: Cs oD SCLOER BEAM WALL ROAD (WEDET DETAIL NOTE 1) �JC' r-1r ROOF WTN SOL SaW N.EM" AND RE-YEGETATID - OORTE OF�'ABRIC BE MAOERA 1 TON ROOF - - CREEK 1RfL L 1 TON IIOM _ 1.5 TO 20 TUN ROOK IN KEYWAY II.4' is 2 'EA r OETUVAI D BY THE OR K BIOTECHNICAL SLOPE PROTECTION 1 SECTION-TYPE 1 NTs I� 1 140' I ® 24• HOPE (STUN DRAIN) 4X' b a FACING ROCK SLOPE PROTECTION (YIN. 2 FT. DEPTH) HILLSIDE TYPICAL PLAN VIEW Nn ALPINE ROAD S-�27i MIN. NEW INLET 24• HOPE (STOf31 DRAIN)/ FACING ROCK SLOPE BO)� SEE DETAIL 46 PROTECTION (MIN. 2 FT. DEPTH) PIPE STAKE ANCHORS PER CALTRANS STD PLAN D079 CORTE MADERA CREED TYPICAL SECTION wm TYPICAL STORM DRAIN OUTFALL-CASE 2 2 LETAIL KM WILSIgyn " IR TOWN OF PORTOLA VALLEY "M O.,46H M■ qW 4/0 M POOLA woo Pa r0LAVA+lry,cAlrow".,m, e,_I7aoNOINEERINO■PUNNING■SURVEYING cx R■+• °-� or ALPINE ROAD RESTORATION — PHASE 2 3SU VWTAQ PAW GMW �• — = • ti O! �/00 J0�M0. fY-37 FaM CM, CAUFOFMIA 9"04 1� A ne aiee —..•-•-ter• , 7. NO- y' Al •.r , - , , _ x.:-•-..,,,..,, --'4:ii`��`--, .._, -._ `vim �� r:"` _ 8#21.17 " .......; .:.�„..{........:.....�-,. { -;•+;.t.,.,•-.,. -....` \ Via _ .......... -,-�fi'•%b' \ \ ._ M _. ——_ _= ..___ 1................ .fir ::i,.. ...:::: ... ..... 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O 00 1+00 L�\ `-,\; ., �\ PAVEMENT REPLACEMENT TABLE(DIGOUTS) FROM STATION TO DESCRIPTION a ` _ \ R.'>'?�3'• `'�'�� .\\ \\\\\\ 1+50 4+00 GIGOUT - 7 WIDE LEFT w 00 Awl- 30A.1 Nv. r i ,y, %• ' `'l{`• •`ram.•• N••, \\ \ n r r 3 _ CC f J r i re' u u �y -. - - -\ \ •�#i:'iii:ii;a:rt iL?�i„ \. �. /' / .,yr.tfi. \ \ .s N -m:�• wr Z7 FIAL I \` r. ..t I - i n i 1 aG YAK �� \\ \\ :•;:4:;.:�::.: !T$a / \ •� ` 4:: F !\ p \i l� �ro J f ` i- 1\ 74• /. /j I s i I •�'e \i \ _ v.t"f�, R> •'i3•• •''�c�•R7h� Y•S'F'• y, ii �a / —•c'uW '� - _ rl 1 � \\ �\`�,,`••.��e"'-.Y,.W ��_��at :if_G1OiF1' _� x .dv.�- 1 %'' �� �i SCALE ' '\ -10' 0 10' 20' 40 WILSEY■■ * ��` 01P .�„ TOWN OF PORT L VALLEY �"" HAM■■ na PQfou noAo PDRID A vALLET,cxen MIA NV 4 "� 4 as ALPINE ROAD RESTORATION — PHASE 2 ENGINEERING■PLANNING■SURVEYING r-'� cm 4/00 SOB n0.,e4e-u 46 343A VINTAGE PARK ORIYE ` �`u"� ' ^,41+ «' PLAN STA 0+00 TO 3+70 FOSTER CRY, CALIFORNIA 94404 t as o.orF nit 00 � CAO\NF=\ 49\,ph—X\P K4A" 4-20-00 04,33:e4 PV J%*" N0. DATE A ISAIE wymms kPPnOYE77 9'I (650)3 49-2151 FAX (630)S4S-4921 9Y 0►iE DATF: OS 00 INV.305 6 SEE➢E \ \ �Iv v t`� \ Ilk i \_ \s' \ �l f., ::::.::::: : . ...... _ ^-a - \ -•tfom/y�:. r t \ 1 .t. a. \ t x< t R y; Y .t 1 \ yam. \ r y 4 t \ {`s : \ \\ V -. .................. .......................... Iry 4 ;�.. SEA. 4+02 ee .' ........... �. __._..---.._.__..._._;• ' •�, -' � r �\•x,c.-__'_. l. :. _ _ ,. �.- ..t Nam:: W E _t 3G1.6 '\INV X - - t 'f f _ 46 /' r•4• ..i la:.. f: SSFE QUA - - a. a�• . _ t a -. 1 .::.:............. ... . .•may � ` � C'•t �V1:E i ::.:• _ i" ew e• ! .N : - _ / ..y _ _R:,�.\.�-. !��`"•-� -- '`, ___'/ram- � xr. •;)}?,• // CASE 2 ODTFAIl ^eus.,, -� "---' \•• ♦� a7'Sti E. I CYP 6 _ :;��~ �...._�. •a,,\._...._.____...� _ _-� --"°- \l \ \F`\. W 6 LFS NEW 24 HPOE CASE 2 Gu7fALL \ •�'� �^-�_.•�r - - '\\_A� Ov �:' ` \ � ''.ywr s v. _ ROADWAY fACILRY FASE4ENT {\j E GO PEP O. PLAN D74B /r ]'\ \ `'• _mow t r INV. 301.50 •�^.- �\�• q`��, }�E 2 mcncNNICAL SLOPE �/ 1 r•~l t//' `f; OROTECTION EsE aErAo,- 'f"'r .� \ \�•\`\ 3 � _ =1 i AAVEIENT REPLACEMENT TABLEMIGOUTS) — i - Jt y STATIONS ` DESCRIPTION Lro1Cpr_F } .� 4+00 4+30 DIGOUT 8 RT. //l w4� NO KE17O�B45E Of `- ,�„ 4+90 5+.In DIGOUT 4 RT. ! 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PLAN 0T1Y _—— ^"_�• ___ � � CASE 2 WTF C,a INV. 3173 cl I` �_��_- �\ S i'l ♦ ✓ !!ice .' `�" • O^�� "�� �� K 4T i - ROADWAY FACILITY EASEMENT - �'�( �t✓�� ��a 41t /�'.3�' ,�•Y '� �4' 1\\.,`-.,`�� �—^'"k='� I 1 1 _./� f�.'�,r � eh. a't`+3' Q `• � it 3' I r 'k• �• a Y� as a , a ;• \ SCALE r \\ r —10' 0 10' 20' 40' •, as —I_ ��� WILSEYN■ A TOWN OF PORTOL VALLEY '"� HAM�N "'" y00 (D8 Ya ronaA RMAo roRIOIA VALLEY,cALROA 64 (aw)n7-ITm ENGINEERING E PUNNING 0 sugVEYINc a"r j' 4 ALPINE ROAD RESTORATION - PHASE 2 _ UM VINTAGE PARK ORIVE •4� � • cm, 1/� PLAN STA 13+30 TO 16+30 +ae Kw%4_32 46 D'�M8-32�Fl/G1pnw AwYK4Aq 4--�-00 Ot 4d S•PM J1a61qu* FOSTER CITY, CALIFORNIA 24404 v,- � 4 00 �E a N0. MATE 6Y 1350E IRV1510113 A"aIIOVS i1' (650}T46-2131 FAX(650)-1-4921 RY MATE MATL OS 00 46 �/ ...;d•�.�.-,.%- '' .-_-� __..... •` ,•..`\\.,\'.;•_ \ t Oro `.;� ` -' 1 10 M EA r + 777.77 Cam! _ - -- ?a. _� --.•---_— --.C.� y `~ c --- -- uL` ___... - � .7 /f ^..--,j' ^^.-•, �'.. .-, .. .. e.ei. `\ '` \aA\ ..-.... .\3(�9, '•� ,.•, .�``\._ -- __-�ep-'k�TY`` -- _". � ----'--- `-�_'" _ _ -mom -- ._"._--^^ _ _ ?3'.- ' SITS 1t _ -- '_ ``r.• - _ _ - - - - -- t �_- - t.• .Y -�`"-�"-" -' w_ .nx _ ►ts wan 7. '`�• .fie ..._ �-i .�-__-."- %-� .._y'S' --•-��.-__-.yti3:�YF'_•.4L'. 1- - -.._-_'•1,iii!{E_ `^� _-�. ... -� ......��!.C`.-.__.--_. '•5 74 �_ f -+Z_.._.___.�` —fin. 1 -_. ._ _._,-_._ '__-• _._..._-.____-.___- - =-'_ ----•- ____'- y� _.-_ MFGH FULL .f A. •.N::•::•:•::•::•: rt - �:'sFv r. a,. 1 _ •+Y - x x x x x x x X x x x �3r ; 08=MANffn, -' HOPEX x x X x X x x X X u_-.-_. --- _ x x x x x." I .. SITE 6 _.._Y -- - P�/'+, _ S� IER PILE RETAINING WALL - R/W __- ELEVATIONS AND DETAILS I `•-1� i�.T ,;,'F..fi U C. U{) 73177,7c. Lr;F DETAIL RIP P TYPE 1 910TECHNICAL SLOPE PROTECTION I � I PAVEMENT REPLACEMENT TABLE (DIGOUTS) TIRE 1 DIOTECHNICAL SLOPE PRCTECTION STATIONS 1 FROM TO DESCRIPTION .SCALE AO � 17+00 19+00 FULL WIDTH RECONSTRUCTION -10' 0 10' 20' W. N _ WILSEY■■ ' ��` TOWN OF PORTOLA VALLEY E •/0A MEET ��' 793 PMQLA AMD ftwmu VKuy,cxxu""=a (A70)AA1-17M u..n w n a9 ENGINEERING PLANNIHHAM■G 0 I■ o..� CMP NG FICuW ALPINE ROAD RESTORATION — PHASE 2 aF 46 — 3a3A VINTAGE PARK DRIVE • ti,�1� • �,,.,,. - - PLAN S T A 16+3 0 T O 19+2 0 '°A"°•'+w->= FOSTER CRT, CALIFORNIA 944" W w WM 00 SITE 6 '�" \Q0-3r4*r'\*—CV%I A4" 4-U-W "MM PM .Ao**- No. DATE n q7u[7'NLVmONs IlPKOVm n (9so}T49-21 s1 FAx(980}113-1921 9v MTE OATL OS o0 i It _ N cr _.. �.. tip-!. . ."-___. _ � _ -...,.,�, -,•.. '."-'•` �'- --- '----"—_._._ ._.... m� co- n M1 \. - : ? - _ _ - --- , -_ _ .. STA. p+26..5! •�. r f. w E 1 D.i. � U� INV. 340 95 ........... ` 9EE DETAIL - a _ h• SSE F. V►AVEO ORCM FULL � Y" — _ -3 :w T n, 2.4`.i M.W.. ................... .. ... .. ............... ....... - ............ ...................................... ....._. ....:�: ............................ _.. .. »............. .. - — t3 ......_a........... - - - ........ ................. •.cr .. .. •F] ........... .. ....... '} ............ 1}Q:.......... .. .._.... . ........ .... 2}.+. r .... .'{10 .. ..............::: ;•� ........ .. ........... ........ .... .. ... .... ... ...... ............. .. - k -----„.... Y ...... .......... .1! .................... ......... ....... k . ..... ........ .. k ........ ....... ;. .. :t. :1 ...... .. ................... :'X k k k _x - w .X jr k Ar k k k k r•s1.. - .. Ae k k k k k k Ir k k k k k k ,�k .` .. _. . - -� - \_- ._•,•w.. _ _.. k k k Ar k k X ;TANG RE1 k k k k 'k `.. 1 -...._ - - - k k c k k k k k k k jr k ........__. ...._.. _.. -..-.- -' - 7F k k k k k R '— ^^- k k k k k k_: k tic. k k k k k A . 1'`/ ..,.� jr jr Ar k k jr k k.. k k k k k k_.,k k k k k k k, k jr k k k jr k k ::• - k k k k k k k k k k k - g} k k k k k k g k k k k EIL GATE AND ORNTIAY PAVEMENT REPLACEMENT TABLE (DUGOUTS) STATIONS CASE 2 OUTFALL *0 FROM TO DESCRIPTION fE+90 19+30 DIGOUT 5 MIDDLE 7Y� 20+50 22+00 DIGOUT B LT. `4 II I SCALE -10' 0 10' 20' 40' WILSEYM■ ," �P ,/„ ,n TOWN OF PORTOLA VALLEY �" H A M�■ ronou 9oA0 (9'm)651-17W �— •D° 10 ENGINEERING■PLANNING■SURVEYING cr^�• crP 4 0° ALPINE ROAD RESTORATION — PHASE 2 .ctrn nc 4/D9 .46 3e3A VINTAGE PARK DRIVE m m PLAN STA 19+20 TO 22+20 JM 94a3a FOSTER CITY, CALIFORNIA 94404 aut M\946-32\ %1\0 �l\PY110.Ap 4-21--M (001t3E PM J%.&*. ND. ait n ["AKvm s AIOYID n RI (650)T49-2151 FAX (650)345-4921 n DATE DATF: OS 00 1&G' sol.aErt REAM ; wAli , (�ir N oer �arE t) ® 2e HOPE (STORM DRAIN) or-Ir Rcm ,MTH Sm S.LwY / NJ=CN AM RE-VEGETATED = BE 0 amm aEOFAaaa FACING ROC( SLOPE MAOERA I TON Roar = - PROTECTION (MIN. 2 FT. DEPTH) CREEK REE........... T ' t TON ROat /AT IAW WA �3=EL TG la TON ROCK `,HILLSIDE TYPICAL PLAN VIEW IN KEYWAY A-L, MIN.4' L 2-PER -'aR OETEPYIED EIY 1FE NTs _ T IT1 ALPINE ROAD DR K S-2x WN. - NEW INLET T 24- HOPE (STORM DRAIN)/ FACING ROCK SLOPE BOX SEE DETAIL PROTECTION (MIN. 2 FT. DEPTH) PIPE STAKE ANCHORS PER CALTRANS sro PLAN D679 BIOTECHNICAL SLOPE PROTECTION r1� SECTION-TYPE 1 NTs CORTE MADERA C€Dt IWO TYPICAL SECTION NTs I TYPICAL STORM DRAIN OUTFALL-CASE 2 ( r l DETAIL Nts i I I TOWN OF PORTOLA VALLEY ""O.145 w°° ,..PORf0.A,� PdROIA V.M.c�lrawtu sbs �,-noo HAM■ ENGINEERING M PLANNING•SURVEYING .ate w� or ALPINE ROAD RESTORATION - PHASE 2 RIC yoo WU VIWTAQE PARK DRIVE • ..� • F"&,ti r y00 J0�NOa� » FOSTER CITY. CAUFQRNIA"4" - L s►ea RIC a/ee —•••.••�•�• Regional Open Sp. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 12, 2000 Mr. Kevin Rohani, Public Works Director Portola Valley Public Works Department 765 Portola Road Portola Valley, CA 94028 Subject: Section 4(f)Evaluation— Alpine Road Storm Damage Repair Project Dear Mr. Rohani: As General Manager of the Midpeninsula Regional Open Space District, I have reviewed the Programmatic Section 4(F)Evaluation for the Alpine Road Downslope Repair Project. I concur with the assessment of impacts and proposed mitigation for the proposed project, with the following conditions: • No final finding of concurrence can be made except by the Board of Directors of the Midpeninsula Regional Open Space District. The finding will be presented to the Board for their consideration at the Board meeting of April 26, 2000. • The District reserves the right to impose additional mitigation measures and conditions upon the Town of Portola Valley for construction of this project within District owned property, including but not limited to the requirement that the Town obtain a Permit to Enter or License prior to entry or commencement of work. Sinc rely, �i L. Craig ritton General Manager I i w 330 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd@)openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton ? s9vol,690S9 4SObW WObS HV91 :8 000Z-EL-V "GOZ. 91 of `P -`: GA UAEEr' 4",` Town Hall: 765 Portola Road,Portola Val .t\\ el: (650) 851-1700 Fax: (650) 851-4677 Mr. Craig Britton, General Manager March 16, 2000 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Subject: Section 4(f) Evaluation - Alpine Road Storm Damage Repair Project Dear Mr. Britton: The Town of Portola.Valley is proposing construction of permanent repairs along a 3.2 kilometer (2.0 mile) stretch of Alpine Road, adjacent to Corte Madera Creek, which were damaged as a result of storms during the winter of 1998. Construction will occur within the limits of Alpine Road, as well as downslope towards Corte Madera Creek. Proposed repairs include slope grading, replacement of drainage culverts, construction of retaining walls, placement of riprap, and paving within the existing alignment of Alpine Road. Repair of the damaged areas is necessary to restore safe access to the area and to minimize future slide and failures. The project will also repair and reopen a section of the Eagle Trail that was damaged. The Alpine Road project is funded with federal highway repair funds. Section 4(0 of the federal Department of Transportation Act (49 U.S.C. 303) prohibits the use of land from a publicly owned park or recreation area unless a determination has been made that: 1) there is no feasible and prudent alternative to the use of the land from the property, and 2) the project includes all possible planning to minimize harm to the property. The Windy Hill Open Space Preserve meets the definition of a Section 4(f) resource. Attached for your review is the Section 4(f) Evaluation for the Alpine Road storm damage repair project. The 4(f) Evaluation is essentially an assessment of the project's impact on a publicly owned recreation area(Windy Hill Open Space Preserve). If you concur with the findings of this Section 4(f) Evaluation and the proposed measures to minimize harm, please submit a written response addressed to me at the Town of Portola Valley confirming that your agency has Juris- diction over the Windy Hill Open Space Preserve and that your agency is in agreement with the Section 4(f) Evaluation and proposed measures to minimize harm (see Exhibit F). We appreciate your cooperation and prompt response regarding this matter. If you have ques- tions regarding this letter, please contact me at (650) 851-1700, ext. 14. Sincerely Kevin Rohani, P.E. Public Works Director Attachment: Section 4(f) Evaluation CC: Rob McCann, LSA Inc. 14 Alpine Road Phase 2 file i PRUGRAMMATIC SECTION 4(T) EVALUATION , �� M ",-'a 'r t x 3 rro � ' rr r.,��, s t n "fir,, ,g itx �' �' sx b -xi2st a',^' yeq ✓ z p` a r� + 0' Do(D vsL©PE) RE 'AIR rROJEc'T 1 l ar, y r'K a MA3639 0 „ x I 1 Prepared b the Town o Portola Valle P Y .f Y For use by Caltrans District 4 and The Federal Highway Administration May 3, 2000 04-SM-0-PTVL 3639-008 Alpine Road Permanent Restoration(Downslope Repair) PROGRAMMATIC SECTION 4(F) EVALUATION This project to repair flood damage to Alpine Road(two miles of downslope portion between Willowbrook Drive and the confluence of Corte Madera and Coal Creeks) in San Mateo County has been evaluated in accordance with the criteria in the final nationwide Section 4(f) evaluation and approval for a federally aided highway project with minor involvements with public parks, recreation lands, and wildlife and waterfowl refuges, issued and approved December 23, 1986. Documentation attached hereto and on file in the California Division Office of the Federal Highway Administration(FHWA)supports a finding that this Programmatic Section 4(f)evaluation properly applies to this project. Division Administrator Date Federal Highway Administration Attachments 0 INTRODUCTION Section 4(f) of the U.S. Department of Transportation Act of 1966 specifies that publicly owned land from public parks, recreation areas, or wildlife and waterfowl refuges of national state or local significance may be used for Federally funded projects only if: L there is no feasible and prudent alternative to the use of such land, and 2. the project includes all possible planning to minimize harm to Section 469 lands resulting from such use. A Final Nationwide Programmatic Section 4(f)Evaluation has been prepared and approved for federally funded projects that improve existing highways and use minor amounts of 4(f) type lands that are adjacent to existing highways. The Nationwide Programmatic Section 4(f)Evaluation approved by FHWA on December 23, 1986,satisfies the requirements of Section 4(f)for all projects that meet the applicability criteria. The purpose of the Programmatic Section 4(f) Evaluation for the Alpine Road (downslope)repair project is to document considerations, consultations, and alterna- tive studies supporting the determination that there is no prudent and feasible alterna- tive to the use of 4(f) lands, and that all possible measures to minimize harm to these 4(f)lands have been incorporated. This determination is pursuant to 49 U.S.C. §303 and 23 U.S.C. §138. The Alpine Road permanent restoration project, funded mainly by Federal Highway Administration (FHWA), proposes to construct repairs to flood damaged areas along the downslope portion of Alpine Road in San Mateo County,California. The project site is adjacent to the Windy Hill Open Space Preserve, a public recreational area owned by the Midpeninsula Regional Open Space District (MROSD) (see Figure 1, Project Location Map; Figure 2, Project Vicinity Map; and Exhibit A, Windy Hill Open Space Preserve map),which is an independent special district created in 1972 by the voters in Santa Clara and Southern San Mateo County joined the MROSD in 1976. The project requires acquisition of permanent easements for slope easements and drainage culvert outlets within the Windy Hill Open Space Preserve. As part of the project, the Eagle Trail (a riding and hiking trail), which is now closed due to flood damage, will be repaired and reopened for public use. The Eagle Trail is within the Windy Hill Open Space Preserve boundaries and Town of Portola Valley property,and is maintained by the Town of Portola Valley. The portion of trail to be repaired by this project is on property owned by the Town of Portola Valley. NEED The proposed project is necessary to restore safe access along Alpine Road. The road provides access to several residences and the Windy Hill Open Space Preserve. Dur- ing severe winter storms that occurred from December, 1997,through February, 1998, the two mile portion of Alpine Road between Willowbrook Drive and the confluence 5/3/00KP:\TPV831\ce\4f-evaluation.wpd» of Corte Madera Creek and Coal Creek suffered severe damage from washouts result- ing from high flows in Corte Madera Creek. The high creek flows undercut the road- way at several locations, washing out the roadway, as well as trees and other vegetation along the downslope side of the roadway. The Eagle Trail was also damaged as a result of flooding. Using emergency federal funds, the Town of Portola Valley completed emergency opening repairs to Alpine Road in late 1998 that allowed the roadway to be re-opened. Although Alpine Road has been re-opened to the public on an emergency basis, there is a need for installation of permanent repairs such as retaining walls to prevent undercutting of the roadway during future storm events. PROJECT DESCRIPTION Storm damage to the downslope areas generally involved erosion of the east bank of the creek, which resulted in washouts along Alpine Road. The Alpine Road project area is located approximately roximatel one mile south of Portola Valley in a steep canyon formed by Corte Madera Creek (Figure 2). The project area consists of a 3.2 km (2.0 mile) long section of Alpine Road extending from the function with Willowbrook Drive at the north end to the confluence of Corte Madera and Coal Creeks in the south. Alpine Road runs northwest-southeast through the project area, with the exception of the extreme north end of the project where the road runs east-west. This section of Alpine Road parallels and is located east of, and adjacent to, Corte Madera Creek. The two mile project area along Alpine Road is characterized by steep slopes on either side of the roadway. Dense vegetation, including a mix of trees (primarily California bay, coast live oak, and big-leaf maple) and understory growth, occurs on either side of Alpine Road, except in areas where storm damage has denuded the slopes as a result of slides or washouts. The project proposes to repair those areas downslope of Alpine Road that were dam- aged as a result of the storms and associated heavy precipitation during the storms of December, 1997, through February, 1998. Twelve individually damaged areas have been identified along Alpine Road. The repairs will consist of constructing retaining walls along the outer edge of the roadway, and include some measure of slope protec- tion below the wall. Table A lists the individual sites included in the downslope repairs and contains technical information for each site. Project plans covering the portions of the project within or adjacent to MROSD lands are provided as Exhibit B. n meters 170 feet in length and The repairs will range from 14 meters (45 feet) to 52 mete ( ) g will be constructed using one or more repair designs as described in Table A. Only retaining wall Sites 2, 4, and 6 are within MROSD property. All other retaining wall locations are within Town right-of-way. 2 Table A-Alpine Road (Downslope Repairs)Site Information Trees Impacts to Repair Length Site' Removed Jurisdictional Waters Along Creek Work Description 0-44" st ..:a✓z" c^ �:.^� � �� a z z2 r �r x ;�� ��,x= �,,�y `?'sae in .tea- "� 9 3 50 mZ/540 sf 54 m/l80' Repair Types#2&#3 10 4 28 m2/315 sf 32 m/105' Repair Type#1 15 4 45 m2/504 sf 51 m/168' Repair Type#1 18A 0 35 m2/396 sf 40 m/132' Repair Type#1 21 12 38 m2/426 sf 43 m/142' Repair Types#2 &#3 28 10 24 m2/270 sf 27 m/90' Repair Types#2 &#3 31 14 41 mZ/462 sf 46 m/154' Repair Types#2&#3 33 0 13 m2/ 144 sf 15 m/48' Repair Type#2 i 33A 3 26 m2/285 sf 29 m/95' Repair Types#1 &#2 Total 52 365 m2/4,053 sf 408 m/1,351' Repair sites within Windy Hill Open Space Preserve Repair Type#1 A soldier beam wall will be constructed at the roadway. The slope back of the wall to the creek will include rootballs and riprap at the creek edge. The upper slope will be filled with small rocks and soil,with vegetation to the wall. Repair Type#2 A shear pin wall will be constructed at the roadway. The bottom of the slope at the creek edge will be enhanced with rootballs and riprap.The slope behind the wall will be left in a natural condition. Repair Type#3 A soldier beam wall will be placed at the edge of the roadway. Loose material behind the wall will be removed and slopes revegetated. The toe of the slope at the creek will be enhanced with rootballs and riprap. i ' Refer to repair plans in Exhibit B for site locations. 5/3/00KP:\TPV83I\ce\4f-evaluation.%Vd» 3 The repairs vary in the degree of impact to native vegetation. Repair#1 will remove all loose materials between the road and the creek. Repair#2 will only require vegeta- tion removal at the road edge and at the toe of the slope. Repair#3 will require minor slope grading in addition to vegetation removal at the road edge and at the toe of the slope; however mature trees will not be removed during slope grading. All graded slopes and fill areas will be protected with jute netting and revegetated with plant species native to the area. In addition to these twelve areas, approximately 23 culverts will be installed along the entire length of Alpine Road. Since the road drains to the upslope side, the culvert inlets will be placed on this side to collect flows. The culverts will outlet on the downslope side of the road. The design calls for the culverts to be installed on the surface of the slope where they extend from beneath the roadway. The culverts will extend down the slope and terminate into small riprap energy dissipaters. The place- ment of these culverts will be outside of the creek and above the ordinary high water mark. The construction of slopes behind some retaining walls requires placement of rootballs and riprap at the edge of the creek. This work will take place during low flow periods. Measures will be taken to divert the flow around the work area. The diversion will utilize placement of cofferdams or sandbags. The cofferdam is made of plastic modules filled with sand. These modules will be placed around the area where rootballs or riprap is to be placed. This will prevent mud or other materials from going into the creek. Following construction, the sand modules or bags will be removed and the site graded to original contours. The use of sand modules (coffer dams) or sandbags is an environmentally friendly means of directing low flows, and will be effective for this project. Drilling rigs will be used to drill holes for the soldier piles and the shear pins; cranes will be used to position the steel for the piles. Backfill material will be placed over the wall by excavators and/or loaders. Construction may require utilizing small dozers or bobcats on the slopes behind the walls, for grading. No access roads are anticipated. If necessary,bobcats used at the toes of slopes will be placed over the wall by a crane. No dozers or bobcats will be placed in or will operate in the creek. ALTERNATIVES AND FINDINGS A. DO NOTHING ALTERNATIVE The Do Nothing Alternative is neither feasible nor prudent because it would allow the following existing conditions to remain unchanged: l. Storm damage along Alpine Road during the winter storm of December, 1997, through February, 1998,caused the roadway to be unsafe for travel. 5/3/00((P:\TPV831\ce\4f-evaluadon.wpd)) 4 i I 2. Corte Madera Creek,in its existing condition,will continue to undercut Alpine Road unless the necessary repairs are implemented. 3. Access to recreational facilities in the Windy Hill Open Space Preserve will remain impaired by the deteriorated condition of Alpine Road and the unrepaired section of Eagle Trail. 4. Access to several residences located along Alpine Road will remain impaired by the deteriorated condition of Alpine Road. The "Do Nothing" Alternative would not provide the necessary permanent repairs to Alpine Road. B. IMPROVEMENT WITHOUT USING THE ADJACENT SECTION 4(F)LANDS It is not feasible or prudent to avoid Section 4(f)lands by alternative designs or meth- ods of road repair. This is because the Section 4(f) lands are immediately adjacent to the downslope side of Alpine Road. The washouts that occurred along Alpine Road were within areas of MROSD land (i.e., Section 4(f) lands). Since the damage oc- curred within the Section 4(f)lands,the repairs need to be done within the Section 4(f) lands. The proposed MROSD easements to be acquired for this project are in areas where culvert outfalls are needed to provide adequate roadway drainage and where retaining walls must be located to prevent future undercutting of the roadway by Corte Madera Creek. The only way to avoid the Section 4(f) lands is to shift the roadway centerline away from the Creek. This option is not considered practicable since it would require substantial grading of the steep slopes on the upslope side of Alpine Road. C. ALTERNATIVES ONA NEW LOCATION It is not feasible or prudent to avoid Section 4(f) lands by constructing the project improvements in another location. Repairs are proposed along the existing alignment of Alpine Road. Shifting the location of the roadway to avoid using Section 4(f)land would result in substantial adverse economic and environmental impacts due to the need to grade the steep slopes on the upslope side of the road. Constructing a new road in another location would be cost prohibitive and would have a substantial impact on the sensitive natural environment in the project area. COORDINATION Agencies contacted early in this process and consulted during the project development process include:the U.S.Army Corps of Engineers,the California Department of Fish and Game,and the MROSD. Additional coordination has occurred with the Regional I 5 5/3/00<<P:\TPV83I\ce\4f-eva1uation.wpd)) it Water Quality Control Board with particular regard to erosion control and construction techniques. This project is being environmentally reviewed with a Categorical Exemption/ Categorical Exclusion (CE/CE). MEASURES TO MINIMIZE HARM The following measures to minimize harm have been committed to by the Town of Portola Valley to protect the natural resource values associated with the Windy Hill Open Space Preserve and the Corte Madera Creek area: 1 The project design includes root wad revetments in conjunction with typical rock revetments, at the base of the retaining walls. The revetments will be installed near the edge of the low flow channel, and will provide habitat for California red-legged frog and other wildlife. 2 The fill slopes at the base of the retaining walls will be revegetated using native riparian species. Revegetation of the slopes will reestablish native vegetation on the creek banks and ultimately return canopy cover that was lost during the storm damage and the repair. In addition to the fill slopes below the walls, all other graded areas resulting from project implementatign will be revegetated as specified in the Revegetation Specifications Guidelines developed for the project (see Exhibit C). The area to be revegetated will exceed the 365 square meter (0.09 acre) area impacted by the project. The acreage increase is due to fill slopes that will be built below retaining walls in areas that are currently shear drop-offs. As a result, the fill slopes will increase the area available for revegetation in these areas. Where revegetation is required on Midpeninsula Regional Open Space District lands, a plant list shall be approved by the District. The revegetation area totals approximately 1,194 square meters (0.3 acre). 3 All work shall be performed during the dry season, usually June through October, depending on the amount of rainfall for the particular year. 4 Prior to construction, a Department of Fish & Game approved biologist shall survey the repair sites for nesting birds. If nesting is identified, the biologist shall determine the stage of the nesting. If it can be determined that egg- laying has not been initiated, the birds shall be harassed from the site and the nest removed. If no determination can be made, or it is determined that eggs have been laid, the nest tree shall not be removed until the young have fledged. 5 Environmentally Sensitive Areas (ESA) will be designated for each repair site. ESA's will be fenced or otherwise marked to prevent encroachment by equipment or material. 6 6 A Department of Fish & Game approved biologist shall survey the work sites two weeks before the onset of activities. If California red-legged frogs, tadpoles, or eggs are found, the recommended biologist shall contact the USFWS to determine if moving any of these life-stages is appropriate. In making this determination, the USFWS shall consider if an appropriate relocation site exists. If the USFWS approves moving animals, the recommended biologist shall be allowed sufficient time to move California red- legged frogs from the work site before work activities begin. Only USFWS approved biologists shall participate in activities with the capture, handling, and monitoring of California red-legged frogs. 7 Contract specifications will include the following BMPs to reduce erosion during construction: • Scheduling. A specific work schedule will be implemented to coordinate the timing of land disturbing activities and the installation of erosion and sedimentation control practices to reduce on-site erosion and off-site sedimentation. I • Preservation of Existing Vegetation. Existing vegetation will be protected in place where feasible to provide an effective form of erosion and sediment control, as well as watershed protection, landscape beautification, dust control, pollution control, noise reduction, and shade. • Mulching. Loose bulk materials will be applied to the soil surface as a temporary cover to reduce erosion by protecting bare soil from rainfall impact, increasing infiltration, and reducing runoff. • Soil Stabilizers. Stabilizing materials will be applied to the soil surface to prevent the movement of dust from exposed soil surfaces on construction sites as a result of wind, traffic, and grading activities. I • Slope Roughening/Terracing/Rounding. Roughening and terracing will be implemented to create unevenness on bare soil through the construction of furrows running across a slope, creation of stair steps, or by utilization of construction equipment to track the soil surface. Surface roughening or terracing reduces erosion potential by decreasing runoff velocities, trapping sediment, and increasing infiltration of water into the soil, aiding in the establishment of vegetative cover from seed. 8 During project activities, all trash that may attract predators shall be property contained, removed from the work site, and disposed of regularly. Following construction, all trash and construction debris shall be removed from work areas. 7 i 9. All fueling and maintenance of vehicles and other equipment and staging areas shall occur at least 20 meters from Cone Madera Creek. All workers shall prevent spills and take appropriate measures should a spill occur. Fueling and maintenance staging areas shall be designated by the California Department of Fish and Game or Regional Water Quality Control Board such that spills cannot be reasonably expected to enter the creek. 10. A qualified biologist shall ensure that the spread or introduction of invasive exotic plant species shall be avoided to the maximum extent possible. When practicable, invasive exotic plants in the project areas shall be removed. 11. Area residents and users of the Windy Hill Open Space Preserve will be notified of detours and closures through signing regarding construction activities that could result in short-term traffic delays. The Town of Portola Valley will install signs notifying the public of the proposed construction at least two weeks prior to the start of construction. 12. The Town of Portola Valley shall obtain a Permit to Enter or License from the MROSD prior to entry or commencement of work within MROSD property. 13. These measures may be amended by MROSD to incorporate any additional environmental protection, as the need for such protection may become apparent. 14. A Project Biologist/Restoration Specialist (PB/RS) with the qualifications and performance criteria as defined in Exhibit C, shall have authority to ensure guidelines described in this Section 4(F) Evaluation document are applied throughout the Alpine Road downslope repair project. PROGRAMMATIC SECTION 4(F) EVALUATION CRITERIA The criteria for the December 23, 1986, Programmatic Section 4(f) Evaluation have been applied and, as shown on the following pages, indicate that the Programmatic Section 4(f) Evaluation is appropriate for the Alpine Road downslope repair project. 1 The proposed project is designed to improve the operational characteris- tics, safety, and/or physical condition of the existing highway facility on essentially the same alignment. Finding The proposed project is to construct flood damage repairs necessary to restore safe access to the area served by Alpine Road, including the Windy Hill Open Space Preserve and several residences. The project is mostly funded with Federal Highway Administration road repair funds. Proposed repairs included in this downslope repair project are construction of retaining walls (including regrading and restoring slopes behind walls), roadway and storm drain improvements, placement of riprap, and paving along the alignment of the existing road. The proposed project improves the safety and physical condition of the road on essentially the same alignment. 8 2. The Section 4(f)lands are part of publicly owned parks,recreation lands, or wildlife and waterfowl refuges located adjacent to the existing high- way. Finding The Windy Hill Open Space Preserve is a 1 307 acre regional open space pr eserve owned by the MROSD located adjacent to and west of the proposed repairs to Alpine Public recreation uses within the Wind Hill Open Space Preserve include Road. P Y riding and hiking trails. Since Alpine Road is immediately adjacent to the preserve, implementation of the proposed project will have a direct effect on land owned by MROSD. No facilities within the preserve(such as parking areas,restrooms,etc.)will be directly affected by the project. The areas proposed for acquisition for the project are for slope easements in the vicinity of retaining walls and roadway culvert outfalls. The project will have a beneficial effect on the preserve and Town of Portola Valley property by repairing a section of the Eagle Trail that was damaged(see Exhibit A for location of trail). I 3. The amount and location of the land to be used shall not impair the use of the remaining Section 4(f) land in whole or in part from its intended purpose. The total amount of land to be acquired for any Section 4(f)site shall not exceed the values as shown in the following table. Section 4(f)Table Total Size 4(f)Site Maximum to be Acquired <10 acres 10%of site 10-100 acres 1 acre >100 acres 1% of site Finding I Recreational uses at the Windy Hill Open Space Preserve include multi-use trails (bicycle,equestrian,and hiking),hang gliding and paragliding(by permit),and nature study. On the east side(where the road runs north/south)and the south side(where the road runs east/west)of Alpine Road,small areas of land owned by the MROSD will be affected during construction. Repairs consist of construction of retaining walls (in- cluding restoration and revegetation of slopes above the walls),construction of road- way drainage culverts, and placement of rootballs and riprap. These repairs will require permanent easements on small portions of Assessors Parcel No. 076-340-070, which is owned by the MROSD and is within the limits of the 1,307 acre Windy Hill i Open Space Preserve. 5/3t00KPATPV83I\ce\4f-evaluation.wpd0 9 air sites 2re 4 and 6 are Plans showing the precise locations of these easements for p provided in Exhibit B. Together,these easements will require a total of 0.18 acre of MROSD land. The amount of land permanently impacted by this project is less than one percent of the total 1,307 acres of Section 4(f)land in the Windy Hill Open Space Preserve,and therefore meets the criteria stated above. Implementation of the proposed project will restore safe access to portions of the Windy Hill Open Space Preserve and will not have detrimental effects on the intended use of the preserve. Preserve access will be available from Skyline Boulevard and Portola Road access points during construction of the repairs. As part of the project the Eagle Trail (a riding and hiking trail), which is now closed due to flood damage, will be repaired and reopened for public use. No other recreational trails or recre- ational facilities will be used or impacted during construction of this project. Con- struction is scheduled to begin in July,2000,and is expected to take approximately six months to complete. of the project to the rema ining Section 4 land shall 4. Proximity impacts p J g (� not impair the use of such land for its intended purpose. Finding Recreational uses at the Windy Hill Open Space Preserve include multi-use trails (bicycle,equestrian,and hiking),hang gliding and paragliding(by permit),and nature study. There will be no permanent negative impacts on the use or function of the Section 4(f) land and facilities by the project. The project proposes to repair storm damage to Alpine Road. The repairs are necessary to restore safe access along the road and consist of construction of retaining walls (including regrading and revegetating slopes above and below the walls),placement of riprap,and paving along the alignment of the existing road. There will be temporary construction impacts associated with this project. The following is a summary of those impacts. Noise Noise generated by the type of construction equipment used for these projects(dump trucks, backhoes,drilling equipment,etc.)is generally comparable to noise generated by vehicular traffic on Alpine Road. Construction activities for the proposed repairs would be limited to the immediate vicinity of the roadway;thus comparison of vehicu- lar traffic noise and noise from construction equipment,in terms of possible effects to local receptors, is appropriate. No blasting, pile driving, or similar activity is pro- posed. The limited scale of the project and limited construction period (six months), along with application of standard specifications for noise reduction during construc- tion,will not result in adverse noise impacts. People using the Windy Hill Open Space Preserve in the immediate vicinity of the repairs may be exposed to equipment noise 5/3/001<P:\TPV831\ce\4f-cwa1uation.wpdD 10 __ I during the construction phase of the project. However,equipment noise is temporary and would no longer occur once construction of the project is complete. Dust Some construction operations will temporarily create dust. In addition to dust, con- struction activities will also cause combustion emissions to be released from on-site construction equipment. These conditions are limited to the construction phase of the project, will be reduced through implementation of standard construction specifica- tions,and will cease when the project is complete. Traffic Delay The portions of Alpine Road adjacent to the Windy Hill Open Space Preserve will remain in service and open to traffic during the duration of the repairs. The portion of Alpine Road east of Site 11 will be closed to traffic during construction to expedite construction and reduce potential hazards to the public during construction. Area residents affected by this temporary closure can utilize Los Trancos Road as an alter- nate route. No substantial traffic delays or impairment of access to users of the Windy Hill Open Space Preserve will occur as a result of this project. As shown in Exhibit A, the closure area affects a 0.3 mile portion of Alpine Road located along the eastern boundary of the preserve, and there are numerous other locations for the public to access the preserve. As shown in Exhibit A,the proposed road closure will not impair access to either the Eagle Trail (on Town or MROSD property) or the Razorback Ridge Trail within the preserve. Area residents and users of the Windy Hill Open Space Preserve will be notified of detours and closures through signing regarding construction activities that could result in short-term traffic delays. Town staff will notify MROSD staff at least two weeks prior to beginning work so MROSD staff has adequate time to notify preserve visitors of the closure. Construction work is scheduled to begin in July,2000,and last approx- imately six months. The Town of Portola Valley will install signs notifying the public of the proposed construction at least two weeks prior to the start of construction. Water Quality The Town of Portola Valley is currently in the process of obtaining various permits required for project construction to proceed. The project will comply with any water quality conditions imposed by the U.S.Army Corps of Engineers(Section 404 permit), Regional Water Quality Control Board(Section 401 Water Quality Certification),and the California Department of Fish and Game (Section 1601 permit). The following water quality control measures have been committed to by the Town of Portola Valley: 513J00<tP:1TPV&31tceWf-evaluation.wpd» 11 i • Scheduling. A specific work schedule will be implemented to coordinate the activities and the installation of erosion and sedimen- tation of land distur bing g g tation control practices to reduce on-site erosion and off-site sedimentation. • Preservation of Existing Vegetation. Existing vegetation will be protected in place where feasible to provide an effective form of erosion and sediment control,as well as watershed protection,landscape beautification,dust control, pollution control,noise reduction,and shade. • Mulching. Loose bulk materials will be applied to the soil surface as a tempo- rary cover to reduce erosion by protecting bare soil from rainfall impact, increasing infiltration,and reducing runoff. • Soil Stabilizers. Stabilizing materials will be applied to the soil surface to prevent the movement of dust from exposed soil surfaces on construction sites as a result of wind,traffic,and grading activities. • Slope Roughening/Terracing/Rounding. Roughening and terracing will be implemented to create unevenness on bare soil through the construction of furrows running across a slope, creation of stair steps, or by utilization of construction equipment to track the soil surface. Surface roughening or terrac- ing reduces erosion potential by decreasing runoff velocities, trapping sedi- ment, and increasing infiltration of water into the soil, aiding in the establish- ment of vegetative cover from seed. Recreational Use As noted above, portions of Alpine Road will remain in service and open to traffic during construction of the repairs. Detour routes are available where closures are required. Therefore,construction work will not substantially affect access to or the use of the Windy Hill Open Space Preserve. Trees The project will remove some native vegetation, including 52 trees(greater than four inches in diameter at breast height). The trees to be removed include 33 California bay trees,two coast live oak trees,and 17 big-leaf maple trees. During construction of the project,existing vegetation will be preserved in place,where feasible. Only two of the trees to be removed are on MROSD lands at Site 6. Project mitigation will include revegetation of areas impacted by repairs with native riparian species found in the vicinity of the project. The fill slopes at the base of the retaining walls will be revegetated using native riparian species in accordance with the Revegetation Specifications Guidelines included in Exhibit C. These guidelines 5/3/00«PATPV83 McWf-evaluation.wpd» 12