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HomeMy Public PortalAbout20000913 - Agendas Packet - Board of Directors (BOD) - 00-24 Regional Open we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-24 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:00 P.M. Wednesday,September 13,2000 330 Distel Circle Los Altos, California Please Note: 7:00 P.M. Special Meeting Start Time 7:30 P.M. Regular Meeting Start Time 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 Closed Session, the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. I Conference with Leaal Counsel—Anticipated Litigation— Governmental Code Section 54956.9(b)—one case REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—K.Nitz WRITTEN COMMUNICATIONS APPROVAL OF MINUTES 0 July 12, 2000 BOARD BUSINESS 7:35* 1 Approval of Additional Cash Investment Option for Surplus District Funds and Amendment to District's Investment Goals and Guidelines; Adopt the Resolution Allowing Investment of Surplus Funds with the California Pooled Investment Authority, and Amend the District's Investment Goals and Guidelines to Permit Such an Investment—M. Foster, 7:45* 2 Amendments to the Permit to Enter and Agreement for Wetland Restoration at Ravenswood Open Space Preserve; Determine that the Proposed Actions are Categorically Exempt Under the Cal ifbmi#jbqyj�@pCqW"%RkA qj@ined in the Report; FAX:650-691-0485 9 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 Meeting 00-24 Page 2 Authorize the General Manager to Execute the Attached Permit to Enter Allowing Aventis CropScience, Inc., Formerly Known as Rhone-Poulenc, Inc.,Access to Ravenswood Open Space Preserve For the Purpose of Restoring Tidal Action to the Salt Pond Area—J. Isaacs/A. Ruiz 8:00* 3 Approval of Communications Site Lease and Agreement with Mountain Union Telecom, LLC, Black Mountain, Rancho San Antonio Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt From the California Environmental Quality Act(CEQA)As Set Forth in the Report; Adopt the Attached Resolution Authorizing Approval of the Communications Site Lease and Agreement with Mountain Union Telecom, LLC, at Black Mountain, Rancho San Antonio Open Space Preserve—M. Williams 8:10* 4 Authorization to Hire Protect All Life Foundation to Remove Eucalyptus Trees as a Part of the Habitat Restoration at Pulgas Ridge Open Space Preserve; Determine that the Proposed Project is Categorically Exempt From the California Environmental Quality Act(CEQA) Based on the Findings Contained in the Report; Authorize the General Manager to Execute A Contract with Protect All Life Foundation to Remove Thirty(30)Eucalyptus Trees With a Budget Not to Exceed$25,000 in Fiscal Year 2000-2001 —J. Isaacs 5 Final Adoption of an Amendment to the Use and Management Plan for Fremont Older Open Space Preserve to Realign a Section of Trail in the Hunter's Point Area; Adopt the Amendment to the Use and Management Plan for Fremont Older Open Space Preserve to Realign an Approximate 0.1-Mile Trail Segment in the Hunter's Point Area—A. Ruiz 8:20 6 Permit to Enter Former Southern Pacific Railroad Right-of-Way for Soil Testing at Ravenswood Open Space Preserve; Determine that the Proposed Actions are Categorically Exempt Under the California Environmental Quality Act(CEQA)Based on the Findings Contained in the Report; Authorize the General Manager to Execute the Permit to Enter Allowing Union Pacific Railroad Company Access to the Property for the Purpose of Testing the Soil for Toxic Contamination— A. Ruiz REVISED CLAIMS INFORMATIONAL REPORTS—Brief Reports or announcements concerning pertinent activities of District Directors and staff CLOSED SESSION CONTINUED(if necessary) 8:45* ADJOURNMENT Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Regional Open S, ce R-00-113 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-24 September 13, 2000 AGENDA ITEM 1 AGENDA ITEM Approval of Additional Cash Investment Option for Surplus District Funds and Amendment to District's Investment Goals and Guidelines CONTROLLER'S RECOMMENDATION Adopt the attached resolution allowing investment of surplus funds with the California Pooled Investment Authority, and amend the District's Investment Goals and Guidelines to permit such an investment. DISCUSSION The District has historically invested most of its surplus funds in the Santa Clara County pooled investment fund. This is the only pooled fund authorized in our investment policy. We believe it is now advisable to add another pooled fund. The Santa Clara County fund is very large (over$2.5 billion) and has a relatively long average maturity profile (232 days as of June 30, 2000). Because of its size and maturities, the fund adjusts slowly to changes in market rates. This is favorable when market interest rates are declining. However, when rates are rising,the county fund generally yields less than other funds with shorter maturities, such as the California Cooperative Liquid Assets Securities System fund (California CLASS fund) operated by the California Pooled Investment Authority. During times of rising interest rates,the District has frequently shifted some of its idle funds to direct investment through its bank. There are disadvantages to the current approach. First, because of lack of staff resources and the need to maintain flexibility to always have cash available for acquisition opportunities, the District is not able to divert an optimal amount of surplus cash to higher yielding direct investments. Second, the direct investments are typically locked up for 60 to 120 days, losing liquidity. These disadvantages can be overcome by adding a pooled fund with a short maturity profile, like the California CLASS fund. California CLASS is a local agency-controlled investment authority formed through a Joint Exercise of Powers Agreement and called the California Pooled Investment Authority. The Authority provides CLASS program oversight and ensures regulatory compliance. CLASS is administered by MBIA, the giant municipal bond insurance firm. Liquidity is"same day," and 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 Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-00-113 Page 2 guaranteed by a Chase Manhattan Bank letter of credit. California CLASS investments are made only in securities which are authorized by the California Government Code. Therefore, no additional District record keeping and reporting is required. Because of shorter average maturity (around 30 days), California CLASS has generated higher yield of 0.2 and 0.4 percentage point over the County fund so far this year. Prepared by: Michael L. Foster, Controller Contact person: Same as above RESOLUTION NO. 00-56 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT WITH RESPECT TO THE INVESTMENT OF SURPLUS MONEYS AND AMENDNG INVESTMENT POLICY RECITALS: A. The Joint Exercise of Powers Agreement dated as of January 21, 1997 (the "Agreement"), initially by and between the Cities of West Hollywood and Lake Forest, provides the parties thereto with an alternative method of investing their surplus moneys. B. Section 8.01 of the Agreement provides that any Local Agency (as defined in California Government Code Section 53600) within the State of California may become a party to the Agreement by executing and delivering a counterpart thereof. C. The Midpeninsula Regional Open Space District desires to become a party to the Agreement. NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District hereby finds, determines, resolves and orders as follows: Section 1. Approval of Agreement. The Agreement is hereby approved, and the General Manager is hereby authorized and directed, for and on behalf of the Midpeninsula Regional Open Space District, to execute a counterpart of such Agreement in the form presented to this meeting. Section 2. Delivery of Executed Counterpart. The Clerk is hereby directed to cause such executed counterpart to be delivered to the Secretary of the California Pooled Investment Authority and to MBIA Municipal Investors Services Corporation, in accordance with Section 8.01 of the Agreement. Section 3. Amendment of Investment Policy. The Board of Directors of the Midpeninsula Regional Open Space District does hereby authorize the Controller to invest surplus or temporarily idle funds according to the Investment Goals and Guidelines attached hereto as Exhibit "A" and by reference made a part hereof. Section 4. Effective Date. This Resolution shall take effect upon its adoption. EXIBIT "A" Investment Goals and Guidelines GOALS Goal 1. Capital Preservation The primary goal shall be to safeguard the principal of invested funds. Temporarily idle funds shall be invested in a conservative manner, such that funds can always be withdrawn at, or just above or below, full invested value. Investments that offer opportunities for significant capital gains and losses are excluded. Goal 2. Liquidity Temporarily idle funds will be managed so that normal operating cash needs and scheduled extraordinary cash needs can be met on a same day basis. Investments will be sufficiently liquid to provide a steady and reliable flow of cash to the District to insure that all land purchases can be made promptly (within two weeks). Goal 3. Income Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation and liquidity goals and the Government Code. GUIDELINES 1. Determination of Idle Funds The Controller will prepare a complete cash flow projection prior to all investment decisions. This cash flow projection will be reviewed and evaluated by the General Manager. The General Manager is responsible for approving the Controller's designation of the amount of funds not required for the immediate necessity of the District and available for investment. 2. Contingency Reserve A contingency reserve of between $500,000 and $2,000,000 shall be maintained with the Santa Clara County Pooled investment fund. The General Manager is responsible for approving the Controller's designation of the size of this contingency reserve. At all times this contingency reserve will be sufficient to satisfy the requirements for all Note Funds. 3. Non-Invested Funds Idle District funds not otherwise invested or maintained with paying agents will be deposited with the California Pooled Investment Authority or in the Santa Clara County Pooled investment fund. 4. Selection of Investments The controller is responsible for selecting investments that fit within the amounts and maturities recommended by the Controller and by the General Manager. The Controller is also responsible for directing security transactions. 5. Investments Instruments Investments shall be limited to those allowed by Government Code Section 53601 et seq. And 53635 et seq. Investments shall not be leveraged. Investments, and "derivatives", that offer opportunities for significant capital gains and losses are excluded. All investments, other than funds held in trust for note holders and trust funds released after posting surety bonds, shall mature with 180 days. 6. Diversification Investments other than insured or collateralized deposits at banks and savings and loan associations shall be delivered. 7. Marketability For investments other than deposits, the breadth of ownership and number of securities outstanding will be sufficient to establish a secondary market in which investments can be readily converted to cash without causing a material change in their market value. 8. Acceptable Banks Bankers' Acceptances and Negotiable Certificates of Deposit may be purchased only from banks and savings and loan associations with over$1,000,000,000 of deposits and reporting profitable operations. 9. Acceptable Collateral Securities collateralizing bank or savings and loan deposits must be rated"A" or higher. 10. Investments in Name of District All investments purchased shall stand in the name of the District. 11. Reporting The Controller shall report all security transactions to the Administration and Budget Committee no later than the next Regular Meeting of the Board of Directors after any transaction has been made. The Controller shall submit a report of the District's investments and security transactions to the Administration and Budget Committee by the fourth Wednesday of each month in accordance with Government Code Section 53607. The Controller will render a quarterly investment report to the Board of Directors as required by Government Code Section 53646. Such reports shall also be submitted to the General Manager and to the District's' auditor. The Administration and Budget Committee shall act on behalf of the Board of Directors in receiving reports from the Controller required by Government Code Section 53607. 12. Purchase of Securities Through Bank The Controller is authorized to purchase securities through the investment department of the District's bank. The Bank shall be instructed in writing only to purchase securities in the name of the District and that all matured funds shall be returned to the District's bank account. The Bank shall also be instructed to send receipts for transactions to the General Manager. JOINT EXERCISE OF POWERS AGREEMENT This Joint Exercise of Powers Agreement is dated as of January 21, 1997,and is made by and between the Cities of West Hollywood and Lake Forest and such other Local Agencies within the State as may hereafter become signatories hereto. RECITALS A. The Joint Powers Art provides that public agencies by agreement may jointly exercise any power common to diem. B. The Cities are"public agencies"within the meaning of that term under Section 6502 of the Joint Powers Act and possess in common the power to invest surplus money in their respective treasuries not required for the immediate necessities of the Cities in securities authorized by the Investment Law. C. The Cities desire to enter into this Agreement in furtherance of the Joint Powers Act and the Investment Law. NOW,THEREFORE,the parties hereto agree as follows-, ARTICLE 1. DEFINITIONS Section 1.01 Definitions. As used herein.the following terms shall have the meaning ascribed thereto,unless the context requires otherwise, "'Agreement"means this Joint Exercise of Powers Agreement, "Assistant Treasurer"means the Assistant Treasurer of the Authority appointed pursuant to Section 3.02. "A.AQn1y"means the California Pooled Investment Authority,a joint powers authority duly organized and validly existing pursuant to the Constitution and laws of the State. "Authority Commission"means the governing body of the Authority. "'Chief Administrative means the Chief Administrative Officer of the Authority appointed pursuant to Section 3.05. Tifio'l means the cities listed in the preamble of this Agreement,which are the original signatories hereof, "Commissioner"means a member of the Authority Commission. "Contracting means each of the Cities and any Local Agency within the State that hereafter becomes a signatory to this Agreement pursuant to Section 8.01. "Fiscal Year"means the period from July I to and including the following June 30. "Investment Adviser"means any investment adviser with which the Authority has contracted pursuant to Section 4.01. 'Lmmgtmem Ady,iagrx Boad'means the board established pursuant to Section 2,16. "Investment Law"means Sections 53601 and 53635 of the Government Code of the State.as amended from time to time. "Investment Polky" means the Investment Objectives,Policies and Guidelines of the Authority,as adopted from time to time pursuant to Section 5,01. "Joint Powers Act"means Chapter 5 of Division 7 of Title I of the Government Code of the State, as amended from time to time. "Lake Forest"means the City of Lake Forest, California. "Local Aggggy"has the meaning set forth in Section 53600 of the Government Code of the State, as amended from time to time. '"Sec Of means the Secretary of the Authority appointed pursuant to Section 3.01 "%ge"means the State of California. ''Treasurer"means the Treasurer of the Authority appointed pursuant to Section 3.02. "West Hollywood" means the City of West Hollywood,California. ARTICLE 11. GENERAL PROVISIONS Section 11.01 Purpose of Agreement. The purpose of the Agreement is to establish the Authority and to carry out the intent of the State legislature as set forth in the Investment Law and in Paragraph C of the Recitals hereof by providing the Contracting Parties with an alternative method of investing their surplus moneys that will achieve competitive rates of return along with safety and liquidity, in compliance with the Investment Law. Section 11.02 Creation of.AWhmly. There is hereby created pursuant to the Joint Powers Act an entity separate and apart from the Contracting Parties to be known as the"California Pooled Investment Authority." The Authority shaB administer the Agreement. Section 11.03 Authority Commission Initial Commission (a) The governing body of the Authority shall be known as the Authority Commission. All voting power of the Authority shall reside in the Authority Commission. The Cities by this Agreement have appointed the following persons as the initial Commissioners,of whom one shall have a term ending on January 31, 1998.,one on January 31, 1999,and one on January 31. 2000,as determined by such initial Commissioners: Richard Dixon Paul Koretz Sal Guarriello (b) Each Local Agency which becomes a Contracting Party pursuant to Section 8.01 may nominate a member of its governing body to be ao additional initial Commissioner by notice to the Authority Commission and to the Investment Adviser, The Authority Commission may,in its discretion,appoint the additional initial Cominissioner so nominated,who shall be considered the appointee for such Contracting Party, provided that the total number of Commissioners shall not exceed seven, The Authority Commission shall set the initial term for each such additional initial Corrunissioner,which initial term inav be the same as the initial term of any other initial Commissioner. Section 11.04 AWgialment of Commissioners. For the term commencing February 1, 1998, nun and for each new term which commences thereafter,the Authority Commission shall appoint a successor Commissioner, which person shall be a member of the governing body of a Contracting Party and may be the person whose term has expired,and shall give notice of such appointment to the Contracting Parties and to the Investment Adviser Section 11.05 Resiznation and Removal of Commissioners. Any Commissioner may resign, without need for a prior or subsequent accounting,by notice in writing signed by such Commissioner and given to the Authority Commission and to the Investment Adviser,and such resignation shall be effective 30 days after the effective date of such notice,or at such later date as may be specified in the written notice. Any Commissioner may be removed(i)in the case of an initial Commissioner,by the Contracting Party for which such Commissioner was appointed,by notice to the Authority Commission and to the Investment Adviser and(ii)in all other cases,by the Authority Commission,by notice to the Contracting Parties and to the Investment Adviser, Any such removal shall be effective 30 days after the effective date of such notice. Section 11,06 Term of Offi . Each Commissioner,other than the initial Commissioners,shall serve three years,or until a successor has been appointed and qualified. Section 11.07 VLaqp=. The term of office of a Commissioner shall terminate and a vacancy shall occur in the event of the death,resignation,adjudicated incompetence or other incapacity to perform the duties of the office,or removal pursuant to Section 2,05,of such Commissioner. In the case of a vacancy,the Authority Commission may appoint another person(who shall be a member of the governing body of a Contracting Party)as a replacement Commissioner to serve until the expiration of the term for the office to which the replacement Commissioner is appointor;provided that in the case of a vacancy occurring as the result of a removal by a Contracting Party pursuant to clause(i)of Section 2.05,the Contracting Party may include in its notice of such removal the nomination of a member of its governing body to be a replacement Commissioner,in which event the Authority Commission shall appoint the person so nominated. The Secretary shall give notice of such appointment to each Contracting Party and to the Investment Adviser. Section 11.08 DeIc&4JiQa of Functions. The Authority Commission may delegate its functions to an advisory body or administrative entity, including without limitation the Investment Advisory Board,for the purposes of program development,policy formation or program implementation,provided that any annual budget of such advisory body or administrative entity shall be approved by the Authority Commission. Section 11.09 ComiNnsation of Commissioners and Investment Advisory Board Members. Commissioners and members of the Investment Advisory Board shall be entitled to receive the actual and necessary expenses, including traveling expenses,incurred in the discharge of their duties and such other compensation as the Authority Commission may prescribe. Secs+on 11,10 Meetings of the Authority Commission. (a) Regular Meeting. The Authority Commission shall provide for its regular meetings. provided., however, that at least one regular meeting"I be held each year. The date,hour and place of the holding of regular meetings shal!be fixed by the Authority Commission. (b) SMial MSgiM. Special meetings of the Authority Commission may be called in accordance with the proN isions of Section 54956 of the Government Code of the State. (CN meetings of the Authority Commission, I Call.Notice and Conduct of Meetings. All including without limitaV on,regular,adjourned regular and special meetings,shall be called,noticed,held and conducted in accordance with the provisions of Sections 54950 g1jseg.of the Government Code of the State. Section 11.11 Mingle . The Secretary shall keep minutes of the meetings of the Authority Commission and shall,as soon as practicable atter each meeting,cause a copy of the minutes to be forwarded to each Commissioner and to the Contracting Parties. Section 11.12 Nloting, Each Commissioner shall have one vote Section 11,13 Ouorumn Required Votes.Approvals. Commissioners holding a majority of the votes shall constitute a quorum for the transaction of business,except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the Commissioners present at any meeting at which a quorum is present shall be required to take any action by the Authority Commission. Section 11.14 Bylaws. The Authority Commission may adopt,from time to time, such bylaws, rules and regulations for the conduct of its business as are necessary for the purposes hereof. Section 11.15 Conflict of Interest Code. The Authority Commission shall adopt a Conflict of Interest Code as required by law. Section 11.16 Investment Advisory Board There is hereby established an advisory body to be IGIOWD as the"Investment Advisory Board",consisting initially of the Director of Finance of West Hollywood and the Director of Administrative Services of Lake Forest. The Authority Commission may from time to time appoint additional members to serve on the Investment Advisory Board. The Investment Advisory Board shl carry out the duties described in this Agreement and such other duties and functions as the Authority Commission may delegate to it pursuant to this Agreement and Section 6508 of the Joint Powers Act. Section It.17 Meetines of the Investment Advisory Board, (a) Regular Meetings. The Investment Advisory Board shall provide for its regular meetings:provided,however,that at least one regular meeting shall be held each year. The date,hour and place of the holding of regular meetings shall be fixed by the Investment Advisory Board. (b) Special Meetings. Special meetings of the Investment Advisory•Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State. (C) Call,Notice and Conduct of Meetings. All meetings of the Investment Advisory Board, including without limitation,regular,adjourned regular and special meetings,shall be called,noticed,held and conducted in accordance with the provisions of Sections 54950 qt-M. of the Government Code of the State. Section 11.18 Minutes. The Secretary shall keep minutes of the meetings of the Investment Advisor, Board and shall,as soon as practicable after each meeting, cause a copy of the minutes to be forwarded to each member of the Investment Advisory Board,the Authority Commission and the Contracting Parties. Section 11.19 Voting. Each member of the Investment Advisory Board shall have one vote. Section 11.20 Ouonnn.Reauired Votes, Apovals. Members of the Investment Advisory Board holding a majority of the votes shall constitute a quorum for the transaction of business,except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the members of the Investment Advisory Board present at any meeting at which a quorum is present shall be required to take any action by the investment Advisory Board, ARTICLE 111, OFFICERS AND EMPLOYEES Section 111.01 Chair,vice Chair and Secretary. The Authority Commission shall annually elect a Commissioner to act as Chair,and a Commissioner to act as Vice Chair,of the Authority. Such officers shall serve at the pleasure of the Authority Commission and shall hold their respective offices until their resignation. removal or other disqualification from service,or until their respective successors shall be elected, The Chair shall preside over all meetings of the Authority Commission and shall perform such other duties as may be imposed by the Authority Commission. The Vice Chair shall perform all of the Chair's duties in the absence of the Chair, The City Clerk of West Hollywood shall act ex QMdQ as Secretary of the Authority and shah perform such duties as may be imposed by the Authority Commission. The Secretary shall cause a copy of this Agreement to be filed with the California Secretary of State pursuant to Section 6501.5 of the Joint Powers Act,and shall cause to be filed with the California Secretary of State and with the County Clerk of Los Angeles County the information required by Section 53051 of the Government Code of the State. Section 111,02 Treasurer, Assistant Treasurer, Pursuant to Section 6505 6 of the Joint Powers Act,the Director of Administrative Services of Lake Forest(being the officer performing die duties of city treasurer of Lake Forest)is hereby designated as the Treasurer of the Authority. The Treasurer shall be the depository, shall have custody of all of the accounts,funds and money of the Authority from whatever source, shall have the duties and obligations set forth in Sections 6505 and 6505.5 of the Joint Powers Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As provided in Section 6505 and Section 6505.6 of the Joint Powers Act, the Treasurer shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority,except that the Treasurer need not make or contract for such audit in any case where an annual audit of the accounts and records of the Authority by a certified public accountant or public accountant is otherwise made by an agency of the State or the United States only as to such accounts and records which are directly subject to such federal or State audit, In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State and shall conform to generally accepted auditing standards. Where an audit of an account and records is made by a certified public accountant or public accountant,the Treasurer shall cause a report thereof to be filed as public records,with each of the Contracting Parties and also with the county auditor of the county in which each of the Contracting Parties is located, Such report shall be filed within six months of the end of the Fiscal Year or Fiscal Years under examination. Any costs of the audit,including contracts with or employment of certified public accountants or public accountants in making an audit pursuant to this Section 3.02,shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for such purpose, By unanimous request of the Authority Commission,the Authority may replace the annual special audit with an audit covering a two-year period Notwithstanding the foregoing provisions of this Section 3,02,the Authority shall be exempt from the requirement of an annual audit if the financial statements are audited by the State Controller to satisfy federal audit requirements The Director of Finance of West Hollywood(being the officer performing the duties of city treasurer of West Hollywood)is hereby designated as the Assistant Treasurer of the Authority and shall perform all of the Treasurer's duties in the absence of the Treasurer. Section 111.03 Officers in Charge of Authority Property. Pursuant to Section 6505.1 of the Joint Powers Act, the Treasurer and the Assistant Treasurer shall have charge of,handle and have access to any property of the Authority,and shall file official bonds with the Secretary in amounts at least equal to the respective amounts provided for such officers as officers of Lake Forest and West Hollywood,respectively. Section 111.04 Indemnifl!ia-fion'.Insurance. To the extent permitted by law, the Contracting Parties hereby severally assume liability for,and hereby agree to indenutify,protect, save and keep harmless the Treasurer and Assistant Treasurer and their respective successors from and against any and all liabilities, obligations,losses,damages, penalties,claims,actions,suits,costs,expenses and disbursements(including reasonable legal fees and disbursements)of whatsoever kind and nature which may be imposed on,incurred by,or asserted against,such officers at any time in any way relating to or arising out of the performance of such officers' duties under this Agreement provided,however,that the Contracting Parties"I not be required to indemnify such officers against such officers'own negligence or willful misconduct or the negligence or willful misconduct of such officers'employees. The indemnities contained in this Section shall survive the removal or resignation of the Treasurer or the Assistant Treasurer or the termination of this Agreement. The Authority may purchase and maintain insurance on behalf of any officer of the Authority against any liability asserted against or incurred by the officer in such capacity or arising out of the officer's status as such whether or not the Authority would have the power to indemnify the officer against liability under the provisions of this Section 3,04. Section 111.05 Additional Staffing. West Hollywood shall provide staffing and administrative services to the Authority to the extent required by the Authority in order to perform its duties under this Agreement. Unless otherwise provided by resolution of the Authority Commission,the Finance Director of West Hollywood shall serve as the Chief Administrative Officer of the Authority. All of the privileges and immunities from liability,exemptions from laws,ordinances and rules° all pension,relief,disability,workers'compensation and other benefits which apply to the activities of officers, agents or employees of a Contracting Party when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. None of the officers,agents,or employees directly employed by the Authority Commission shall be deemed, solely by reason of their employment by the Authority Commission,to be employed by any of the Contracting Parties or to be subject to any of the requirements of any of the Contracting Parties. Section 111.06 Assistant Offiggs, The Authority Commission may appoint such assistants to act in the place of the Secretary or other officers of the Authority(other than any member of the Authority Commission)as the Authority Commission shall from time to time deem appropriate. ARTICLE IV POWERS Section IV,01 General Powers. The Authority shall exercise in the manner herein provided the powers common to the Contracting Parties and necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4,03. The Authority is hereby authorized,in its own name,to do all acts necessary for the exercise of said common powers. including but not limited to the following: to make and enter into contracts,to employ agents and employees; to acquire,hold or dispose of property,to incur debts,liabilities or obligations;and to sue and be sued in its.own name, The Authority shall have the power to contract with such persons as may be necessary for the purposes of this Agreement including without limitation an investment adviser,a custodian and a legal adviser. Section IV.02 SMific Power s. The Authority shall have all of the powers specified in the Joint Powers Act and the Investment Law with respect to the investment of public moneys, subject to the limitations set forth in,Article V hereof. Section IV.03 Restrictions on Exorcise of Powers. The powers of the Authority shall be exercised in the manner provided in the Joint Powers Act and in the Investment Law and shall be subject(in accordance with Section 6509 of the Joint Powers Act)to the restrictions upon the manner of exercising such powers that are imposed upon West Hollywood in the exercise of similar powers. Section IV,04 Obligations of AUthorjtL0Qnq1y. The debts,liabilities and obligations of the Authority shad not be the debts, liabilities and obligations of any of the Contracting Parties; provided that the Authority is authorized to use moneys provided by the Contracting Parties pursuant to Section 5.02,and the investment earnings derived from such moneys,to pay the costs of the investment program established by this Agreement ARTICLE V INVESTMENTS Section V-01 Investment Policy. As soon as practicable following the execution of this Agreement by the Cities,the Authority Commission shall adopt an Investment Policy. The Secretary shall provide a copy of such Investment Policy to each Contracting Party and to the Investment Adviser. The Investment A&risory Board may change the Investment Policy from time to time;provided that the Authority Commission shall consider such Investment Policy, and any changes thereto,at a public meeting at the times and in the manner prescribed by Section 53646 of the Government Code of the State;and provided further that no change to the Investment Policy shall become effective until 30 days after notice thereof has been given to each Contracting Party and to the Investment Adviser. Section V.02 Involmenis by Contractip-g Parties. If the treasurer of any Contracting Party,or other official responsible for the funds of the Contracting Party,determines that the Contracting Party has surplus funds which are not required for immediate use, such treasurer or other official may provide such surplus flands to the Treasurer,or to any custodian with which the Authority has contracted pursuant to Section 4.0 1,for the purpose of investment pursuant to this Agreement. Section V.03 Permitted Investments. Moneys provided pursuant to Section 5,02 shall be invested solely in accordance with the Investment Law and the Investment Policy, Section V.04 Appgtio�nm of Investment Earnings, Administrative Costs. The Treasurer shall,no less frequently than monthly,apportion or cause the Investment Adviser to apportion any interest or other increment derived from the investment of funds pursuant to Section 5.03 in an amount proportionate to the average daily balance of the amounts provided by each Contracting Party. Prior to distributing that interest or increment,the Treasurer may deduct or cause the Investment Adviser to deduct the actual costs incurred by the Authority in administering such investments in proportion to the average daily balance of the amounts provided by the Contracting Party. Section V.05 Monthly Reports. The Treasurer shall render or cause the Investment Adviser to render to each Contracting Party a statement showing the amount of accrued interest or other increment apportioned to such Contracting Party for the preceding month. Section V.06 Rules for Investment and Payment of Funds. The Authority Commission shall adopt rules and procedures for the investment of moneys by, and the payment of moneys to..Contracting Parties, The Secretary shall provide a copy of such rules and procedures to each Contracting Party and to the Investment Adviser,and such rules and procedures shall be binding upon the Contracting Parties. Section V.07 Moneys Not Subject to Impoundment' emporairy Suspension of Payments. Any moneys provided pursuant to Section 5,02 are not subject to impoundment or seizure by the Authority or any officer or agent thereof while the moneys are held by or on behalf of the Authority;provided that the rules and procedures adopted pursuant to Section 5.06 may provide for the temporary suspension or postponement of payments to Contracting Parties in any period(a)during which trading in fixed income securities generally in any national trading market shall have been suspended or minimum prices or maximum daily charges shall have been established on such exchange or market, (b)a general banidng moratorium shall have been declared by federal or California authorities or(c)there shall have occurred any outbreak,or material escalation, of hostilities,or other calamity or crisis,the effect of which on the financial markets of the United States is such as to make it impracticable to dispose of investment property because of the substantial losses which might be incurred or to determine the value of such investment property, No moneys provided pursuant to Section 5.02,nor the investment earnings derived from such moneys, shall be accounted for by the,Authority in any manner that might cause such monevs or Investment earnings to become assets or liabilities of the Authority;provided that such moneys and investment earnings may be use d by the Authority to pay ft costs of the investment program established by this Agreement. Section V,08 investments of Authority Funds. The Authority shall have the power to invest moneys in its treasury(other than moneys provided by a Contracting Party and the earnings on such moneys)in the same mamier and upon the same conditions as Local Agencies pursuant to the Investment Law and in accordance with the Investment Policy, ARTICLE VI. CONTRIBUTIONS, ACCOUNTS AND REPORTS;FUNDS Section V1.01 Qontributi2ps. In addition to the moneys described in Section 5.02,the Contracting Parties may,but are not required to(a)make contributions from their treasuries for any of the purposes set forth herein,(b)make payments of public funds to defray the cost of such purposes,(c) make,advances of public funds for such purposes, such advances to be repaid as provided herein,or(d)use their personnel,equipment or property in lieu of other contributions or advances. Section VI-02 Accounts and B=rt . The Treasurer shall establish and maintain,and shall cause the Investment Adviser and any custodian with which the Authority has contracted pursuant to Section 4.01 to establish and maintain,such funds and accounts as may be required by generally accepted accounting practice. The books and records of the Authority in the hands of the Treasurer or the Investment Adviser shall be open to inspection at all reasonable times by representatives of any of the Contracting Parties. The Treasurer within 120 days after the close of each Fiscal Year shall give or shall cause an Investment Adviser to give a complete written report of all financial activities for such Fiscal Year to each of the Contracting Parties, The Treasurer shall also render the reports specified in Section 53646 of the Government Code of the State and such other reports as the Authority Commission or the Investment Advisory Board may require. Section VI.03 Funds. Subject to the provisions of any contract entered into by the Authority with an investment adviser or a custodian pursuant to Section 4.0 1,the Treasurer shall receive,have the custody Of and disburse Authority funds(a)pursuant to the accounting procedures developed under Section 6.02 and(b)as nearly as possible in accordance with generally accepted accounting principles and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. Section VI.04 Administrative EWqRw . The Authority Commission shall,to the extent required by law,adopt an annual budget for administrative expenses. The Investment Advisory Board may, subject to the approval of the Authority Commission,also adopt an annual budget for administrative expenses. Such administrative expenses shall be paid from the Authority's funds,as determined by the Authority Commission,or, if necessary,allocated by the Authority Commission to the Contracting Parties equally or in such proportion as the Authority Commission may determinc. ARTICLE VII. TERM Section V110I Term. (a) This Agreement shall become effective when it has been executed by both West Hollywood and Lake Forest and shall continue in full force and effect until rescinded or terminated in the manner hereinafter set forth. (b) This Agreement may be rescinded or terminated at any time by resolution of the respective governing bodies of all of the Contracting Parties. (c) The provisions of this Section 7.01 shall not limit the right of a Contracting Party to withdraw from this Agreement pursuant to Section 8.02 Section V11.02 Termi nation.n. Upon termination of this Agreement,any property acquired by the Authority under this Agreement shall be distributed among the Contracting Parties in accordance with the respective contributions of each of said Contracting Parties to the cost of said property. Section V11.03 Disposition of Funds Upon Termination. Upon termination of this Agreement, any money in possession of the Authority after the payment of all costs, expenses and charges validly incurred under this Agreement shall be returned to the Contracting Parties in proportion to their contributions and deposits for investment determined as of the time of termination. ARTICLE VTII. MISCELLANEOUS PROVISIONS Section Vill.01 Additional Contracting Parties. In addition to the Cities,any Local Agency within the State may become a Contracting Party. The addition of any new Contracting Party shall become effective upon the execution on behalf of such Contracting Party of a counterpart(which may be modified to provide for the signature of such Contracting Party)of this Agreement and the delivery of such executed counterpart to the Secretary and to the Investment Adviser. Section Vlll,02 Withdrawal of ContracUn-g PAM. Any Contracting Party may withdraw from this Agreement upon written notice to the Authority and to the Investment Adviser;provided however,that no such withdrawal shall result in the dissolution of the Authority so long as any obligations of the Authority remain outstanding. Any such withdrawal shall be effective only upon receipt of notice of withdrawal by the Authority and the filing of the notice as an amendment to this Agreement, The Secretary shall give notice of such amendment to all Contracting Parties,provided that the limitations contained in Section 8.03 shall not apply to an amendment made pursuant to this Section 8.02. Section VHI.03 Arrrendment. This Agreement may be amended upon the filing with the Secretary and the Investment Adviser of(a)a written request of the Investment Advisory Board or of any Contracting Party and(b)the written consent of a majority of the Contracting Parties',provided that no amendment pursuant to this Section 8.03 shall become effective until 30 days after the Secretary shall have given notice of such amendment to all Contracting Parties. Section VIII.04 Agreement NqLE—x—c-1mkyA. This Agreement is intended to provide an alternative method of investing surplus money of the Contracting Parties. Nothing herein shall be construed as a limitation on the power of any Contracting Party to invest its money independently of the Authority in any securities permitted by lam, Section V111.05 NoUces. Any notice,request,or other communication tinder this Agreement shall be given by first class mail or personal delivery to the party entitled thereto,or by telecopy, facsimile transmission or other form of telecommunication. Unless otherwise provided herein,notice shall be effective either (i)upon transmission by telecopy,facsimile transmission or other form of telecommunication,provided a telephonic advice of such transmission is provided,00 48 hours after deposit in the United States mail,postage prepaid,or(iii) in the case of personal delivery to any person,upon actual receipt, Section VIII.0 Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to Or to define or limit the scope of any provision of this Agreement. Section VIII.07 Law Governing. This Agreement is made in the State of California under the constitution and laws of the State,and is to be so construed. SectionVII1,08 Severability. Should any portion of this Agreement be held by any court of competent jurisdiction to be invalid,unenforceable,void or voidable for any reason whatsoever,the validity and enforceability of the remaining portions shall not be affected thereby. Section V111,09 CqMULqG=, This Agreement may be executed in counterparts,each of which shall be deemed to be an original,but all of which together shall constitute one and the same instrument, Section 8.10 Successors. This Agreement shall be binding upon and"I inure to the benefit of the successors of the respective Contracting Parties. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized on the respective dates shown below. Date: 1997 CITY OF WEST HOLLYWOOD BV Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Date: 1997 CITY OF LAKE FOREST By: Mayor ATTEST. APPROVED AS TO FORM: City Clerk City Attorney Regional Open S, ce �REGIONAL OPEN SPACE DISTRICT R-00-117 Meeting 00-24 September 13, 2000 AGENDA ITEM 2 AGENDA ITEM Amendments to the Permit to Enter and Agreement for Wetland Restoration at Ravenswood Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the proposed actions are categorically exe pt under the California Environmental Quality Act (CEQA) based on findings contained in this report. 2. Authorize the General Manager to execute the attached Permit to Enter allowing Aventis CropScience, Inc., formerly known as Rhone-Poulenc, Inc., access to Ravenswood Open Space Preserve for the purpose of restoring tidal action to the salt pond area. BACKGROUND Aventis CropScience USA LP, formerly known as Rhone-Poulenc, is an international chemical company that, through a chain of ownership, became responsible for the toxic contamination in East Palo Alto near the District's Ravenswood Open Space Preserve. Although Aventis CropScience did not cause the contamination in question, they purchased the company that has the responsibility to mitigate the contamination. The Regional Water Quality Control Board and the U.S. Environmental Protection Agency (EPA) are now holding Aventis CropScience accountable for mitigating the contamination. In the past, the District has granted permits to enter to Aventis CropScience and the EPA to conduct soil testing for contamination in the area of Ravenswood Open Space Preserve. In 1996, a permit to enter was issued to the EPA to conduct soil testing in the Preserve (see report R-96-59). In 1997, a permit to enter was issued to Aventis CropScience for soil testing along a District-owned easement and former railroad right-of-way known as the Ravenswood Drill (see report R-97-125). DISCUSSION In 1998, you approved a permit to enter for Aventis CropScience (formerly Rhone-Poulenc) to commence work on the wetlands restoration of the salt pond at Ravenswood Open Space Preserve (see report R-98-54). The permit to enter, however, was never fully executed due to an unanticipated two-year delay in filing the permits with both the San Francisco Bay Conservation and Development 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 ft.] L7MEE� Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton i R-00-117 Page 2 Commission (BCDC) and the U.S. Army Corps of Engineers. With the recent approvals from both agencies, dated December 20, 1999 and July 25, 2000 respectively, Aventis CropScience reinitiated communications with the District for permission to enter the property to begin the restoration work. Aventis CropScience is partly responsible for mitigating the loss of habitat and function on 3.34 acres of non-tidal wetlands. In lieu of non-tidal wetlands, Aventis CropScience has proposed, and the federal agencies have accepted, a plan to restore tidal wetlands in Ravenswood Open Space Preserve to provide this credit (see Exhibit A). Consultants for Aventis CropScience have studied the drainage patterns of the former salt pond on the north side of Bay Road and have determined appropriate locations, widths, and depths to breach the levee to restore tidal action to the original channels. Reports that describe the details of the work are available at the District's main office for public inspection. The breaching will allow natural tidal action, leaching of excess salt from the soil, and native vegetation and animal life to re-establish as quickly as possible. The wetlands restoration work will include two breaches on the north and south sides of the levee to allow tidal action into the former salt pond (see Exhibit B). Two sets of parallel flow control berms will line each breach and serve to direct tidal flow into the historical channels. The restoration work will also include the dredging of material on the Bay side of the levee to encourage the development of outboard channels. An existing borrow ditch that runs along the inside of the levee will be cut off by the construction of three berms to ensure tidal flow through the excavated breaches. A weak section of the levee will be repaired while an existing, temporary wall and drainpipe from a previous levee repair will be removed. After the restoration work is completed, a ten-year monitoring program will ensue. CEOA COMPLIANCE PROJECT DESCRIPTION The project consists of activities to restore tidal circulation through two historical slough channels that are currently cut off by a perimeter levee. This levee is a remnant of the more than 50 years of salt production at the former salt pond. Since its purchase by Midpeninsula Regional Open Space District in 1980, tidal flooding has been limited to culverts. The project will restore natural tidal action and re- establish the former salt pond as tidal marsh by: (1) excavating the existing outboard levee to create two breaches designed to optimize tidal action in the restored pond; (2) using the excavated material to create training berms in the former borrow ditches in alignment with the two breaches to direct tidal flow into the historical channels; (3) excavating portions of the top of the outboard levee for additional material to construct the cutoff berms; (4) dredging material located outboard of the levee to allow development of outboard channels; and (5) repairing a portion of the levee and removing a sheet pile retaining wall and drain pipe that were part of a previous temporary repair. The former salt pond is located in the City of Menlo Park, County of San Mateo, adjacent to Cooley Landing, and approximately one mile south of the Dumbarton Bridge (Highway 84). CEOA DETERMINATION As the lead agency on the wetlands restoration project, BCDC finds and declares the project categorically exempt from CEQA under Regulation Sections 10601(a)(2), 10602(b), 10622(a), 11501, and Government Code Section 66632(f). R-00-117 Page 3 Regulation Section 10601(a)(2) exempts the extraction of small amounts of inorganic fill in existing upland areas, which will not have a substantial adverse impact on present or possible future maximum feasible public access to the Bay. Regulation Section 10602(b) exempts projects that involve new dredging of less than 100,000 cubic yards within a period of five years and defines the project as a "minor repair or improvement" that may be authorized administratively. Regulation Section 10622(a) authorizes the Executive Director to approve an application for an administrative permit only if he or she determines that the proposed activity qualifies as a minor repair or improvement and is consistent with Government Code Sections 66600 through 66682 and the San Francisco Bay Plan. Government Code Section 66632(f) of the McAteer-Petris Act specifies the powers and duties that are granted to BCDC. Regulation Section 11501 authorizes the Executive Director to determine that the proposed activity is categorically exempt from the requirement to prepare an environmental impact report. PUBLIC NOTIFICATION Adjoining property owners to Ravenswood Open Space Preserve have been mailed written notices of this item. Prepared by: Ana Ruiz, Planning Technician Contact persons: Jodi Isaacs, Resource Management Specialist Ana Ruiz, Planning Technician RAVENSW OD OPEN SPAC' PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1 1 1 1 1 N ; SAN FRANCISCO BAY NATIONAL Ravenswood Point WILDLIFE REFUGE AREA 84 SAN FRANCISCO BAY �- NATIONAL WILDLIFE REFUGE 1 - (R(RW02) 1 11 \ AVENSWOOD\ /♦ 10 S OPEN SPACE � � // ♦♦ /� PRESERVE 1 / SALT EVAPORATORS WETLANDS RESTORATION -� PROJECT SITE RAVENSWOOD 0 OPEN SPACE ♦ 2 PRESERVE a/ MENLO PARK ♦♦ i' ♦ .' Q Coo;y Landing (RW01) /• i -+BAYLANDS� NATURE- -PRESERVE Q' 1 Zq 101 EAST PALO ALTO �;• �/ �� Baylands Natures/ \ Interpretive CCenteW 1 / EXHIBIT A 0.0 ., .2 .3 .4 .5 .6 .7 .B .9 1.0 One Mile I Flow Control Berm Kw Borrow Ditch t Borrow Ditch .... rt r •.�,.,;; M Cut-off Berm i � -.e � ✓� � � r w k tY Y Partial Filling of Borrow Ditch k AAems"'. North Breach Borrow Ditch ,may Cut-off Berm Levee Borrow Ditch Cut-off Berm ,r Flow Control • � ,. E Berm . ._- , Center Breach "^w4 Partial Filling of Borrow Ditch 9 Existin Culvert _ X. Location of N Recent Levee 5 - Breach) 0 500fee: r- r Photo Source:Air Fiprn Services; r P"m C53WS:August 1997. �'^"r""": ; •< "N r4 PURPOSE:Wetland Restoration PLAN VIEW OF WETLAND MITIGATION AREA COOLEY LANDING PROJECT DATUM:NGVD (ALTER!NATIVE#5PREFERRED ALTERNATIVE) IN:Jurisdictional Wetlands,Other SCALE: I inch me 500 feet Waters,and Mudflats ADJACENT PROPERTY OWNERS: APPLICATION BY: AT:San Francisco Bay None Mr.Robert Ferguson COUNTY OF:San Mateo Rhone-Poulenc Inc. STATE-.CA P.O.Box 12014 Research Triangle Park APPLICATION BY:Mr.Robert Farpson North Carolina 27709-2014 Sheet 3 of 7 DATE: I I December, 1998 EXHIBIT B Page 1 PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a California Public District (hereinafter"District"), and Aventis CropScience USA LP., (formerly known as Rhone-Poulenc, Inc., and hereinafter"ACS"). The parties hereby agree as follows: 1.0 PROPERTY District grants ACS and its employees, agents, contractors, and consultants a Permit to Enter its lands known as the Ravenswood Open Space Preserve, a former salt pond area, located north of Bay Road and south of the former Southern Pacific Railroad right-of-way in the City of Menlo Park, San Mateo County, California, as illustrated in Figures 1 and 2, attached hereto and incorporated by this reference (hereinafter "Property") for the purpose and subject to the conditions set forth below. 2.0 PURPOSE This Permit to Enter is for the sole purpose of modifying the existing former salt pond levees to restore natural tidal action and salt marsh vegetation, and associated monitoring activities. 3.0 PERMIT CONDITIONS The wetlands restoration work shall be subject to the following permit conditions: a. The restoration work shall be completed in conformance with the attached "Request for Proposal: Wetlands Restoration Project", dated July 2000, and the approved scope of work and required project conditions as specified under the permit issued by the San Francisco Bay Conservation and Development Commission (BCDC), dated December 20, 1999, which are attached hereto and incorporated by this reference. In addition, sheet pile removal will occur in approximately two years (2002), when the channels of the new breaches have stabilized. b. Prior to initiating work, ACS will provide District copies of all applicable permits from other agencies. c. Right of entry granted hereunder is limited to ACS and its officers, directors, employees, consultants, and contractors. d. ACS may bring onto the Property only such persons, vehicles, and equipment as are reasonably necessary for the installation, maintenance or monitoring of the Project. Page 2 e. ACS shall limit its activities on the Property to the area depicted on Figure I and may not conduct activities outside this area without the additional written approval District. f. Other than specific modifications for the wetland restoration, including the removal of sheet piles, ACS will leave the site in a condition equal to or better than that which was originally found. g. ACS agrees to directly make available to District all plans, reports, permits, and monitoring results affecting the wetland restoration activities. h. All construction operations shall be performed to prevent construction materials from entering into the San Francisco Bay. In the event that such material escapes or is placed in an area subject to tidal action of the Bay, ACS shall immediately retrieve and remove such material at its expense. ACS shall also employ best management practices, such as compaction, soil fences, and jute matting to assure that material placed to create the flow control and cut-off berms will not erode into the Bay shortly after placement, and will remain in place long enough to promote sedimentation in the borrow ditch. i. The work authorized by this Pen-nit to Enter shall be performed in a manner that will prevent, avoid, or minimize to the greatest extent possible any significant adverse impact on any tidal marsh, other sensitive wetland resources, and existing native upland vegetation. If any unforeseen adverse impacts occur to any such areas as a result of the activities authorized herein, ACS shall restore the area to its previous condition, including returning the disturbed area to its original elevation and soil composition and, if the area does not revegetate to its former condition within one year, ACS shall seed all disturbed areas with the appropriate vegetation consistent with plans approved by or on behalf of BCDC. j. All dredged and excavation material must either be used to construct the flow control berms and cut-off berms, used to stabilize the levee, or removed from the project site for proper disposal outside of BCDC's jurisdiction. k. No work on the restoration site shall occur during the breeding season of American Avocets and Black-necked Stilts (March I through August 3 1). 1. All construction debris and any uncovered debris, such as concrete, asphalt, wood, and plastics shall be removed from the project site for proper disposal outside BCDC's jurisdiction. Excavated debris may be temporarily stored within BCDC's jurisdiction, provided measures are employed to assure that material does not wash or erode into the surrounding marsh or waterways. In the event that any such material is placed in any area within BCDC's jurisdiction for more than 60 days, ACS shall remove such material, at its expense, within ten days of notification by District. in. ACS agrees to protect the existing public trail and observation areas, and the levees supporting these facilities on the northern, western, and southern levees of the project site from any damages that may occur during the construction of the wetlands restoration Page 3 work. In the event that such damage does occur, ACS agrees to promptly repair the damage and return area to its original condition. n. ACS agrees to provide a minimum of five working days notice to District staff prior to initiating or completing any separate phase of the project by contacting Jodi Isaacs, Resource Management Specialist or her designated representative. 4.0 TERM This Permit shall issue and shall continue in effect unless and until terminated by mutual consent of the parties. Access to the Property for the purposes of levee repair or modification shall commence on September 14, 2000 and end December 31, 2003,provided however, that the period for such access may be extended for up to ninety(90) additional days upon written permission of District. Access for post-project monitoring, including sheet pile removal is granted for a period of ten (10) years following completion of project. ACS shall give five (5) days notice to District before commencing each monitoring visit or activity. 5.0 NOTICE Any notice or notices required or permitted to be given pursuant to this permit to enter may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: L. Craig Britton, General Manager (650) 691-1200 (650) 691-0485 (FAX) ACS: CC: Attention: Robert L. Ferguson Attention: Michael Rafferty Manager, HS&EA Project Manager P. O. Box 12014 S.S. Papadopulos & Associates, Inc. Research Triangle Park, NC 27709 217 Church Street (919) 549-2571 San Francisco, CA 94114-13 10 (919) 549-2300 (FAX) (415) 701-0300 DAMAGE AND LIABILITY ACS agrees that the use of equipment and tools on the Property shall be done with all reasonable care, diligence, and precautions to avoid damage to the land, property, or personnel of the District or to the public. ACS agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, Page 4 expenses (including all reasonable attorney's fees), penalties,judgments, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of ACS under this Permit, both on and off the Project. ACS hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to property, and releases the District from liability to the extent such claims and liability were not caused by the negligence of the District and provided such claims are related to ACS's activities under this Permit or ACS's use of the project site, premises, or facilities under this Permit. ACS and its contractors and subcontractors shall have sole responsibility for the safeguarding of their equipment, property, and personnel (i.e., employees, agents, officers) from any and all injury, death, or damage as a result of this Project. ACS shall be responsible for any and all personal injury and property damage on the Property caused by its acts or omissions as a result of the construction work, and shall indemnify District against any and all claims, liabilities, or losses, including attorneys fees, on account thereof 7. HAZARDOUS SUBSTANCES INDEMNIFICATION ACS shall indemnify, defend, and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities, losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on or in the Property, when the existence of such hazardous substance arises out of, is attributable to or is caused by any activities, acts or omissions by ACS, either off-site or on-site, or arises out of, is attributable to, is caused by or emanates from any real or personal property owned by ACS. ACS shall be responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand due to potential or actual hazardous substance contamination on the Property, including any and all costs of remediation and cleanup, when the existence of such hazardous substance contamination arises out of, is attributable to, or is caused by any activities, acts, or omissions of ACS, either on-site or off-site, or arises out of, is attributable to, is caused by or emanates from any real or personal property owned by ACS. District shall provide prompt written notice to ACS of its receipt of any such claims or orders. As used herein, "hazardous substance" means any substance for which the placement, storage or removal is prohibited or regulated by federal, state, or local law, on account of its toxicity, flammability, or corrosiveness, including, without limitation, PCBs, benzene, asbestos, arsenic, lead, cadmium, selenium, and mercury. 8. INSURANCE Throughout the term of this agreement, ACS, at its sole cost and expense, shall maintain in full force and effect a policies or policies of comprehensive general liability insurance covering Page 5 bodily and personal injury and property damage with limits of not less than $1,000,000 per occurrence. This permit is not valid without ACSs insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name the District as an additional insured. Throughout the term of this agreement, ACS, 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. 9. CANCELLATION This Permit to Enter may be cancelled by District upon 48 hours written notice to ACS. The above Permit to Enter has been read and understood and is hereby agreed to and accepted. AVENTIS CROPSCIENCE, INC. By Date: Name: Title: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date: L. Craig Britton, General Manager Regional Open S ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-118 Meeting 00-24 September 13, 2000 AGENDA ITEM 3 AGENDA ITEM Approval of Communications Site Lease and Agreement with Mountain Union Telecom, LLC, Black Mountain, Rancho San Antonio Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS r 1. Determine that the recommended actions are categorical exempt from the California Environmental Quality Act(CEQA) as set forth in this report. 2. Adopt the attached resolution authorizing approval of the Communications Site Lease and Agreement with Mountain Union Telecom, LLC, at Black Mountain, Rancho San Antonio Open Space Preserve. DISCUSSION In May, 2000, staff was contacted by representatives from Mountain Union Telecom, LLC regarding entering into a new lease for the communication site currently leased by EROW Communications at Black Mountain. Mountain Union has entered into an acquisition agreement with EROW to acquire their communications business contingent upon Mountain Union entering into a new communications lease with the District. Staffs negotiations with Mountain Union have resulted in the proposed Communications Site Lease and Agreement. The lease with Mountain Union is the District's standard communications lease. The monthly rental rate is the greater of the following: 1) a fixed monthly rent starting at $2,900 and increasing annually by 4% during the remaining four years of the initial five-year term; or 2) twenty-five percent (25%) of Lessee's gross monthly fees received from its subtenants. In either case, the monthly rent will be an increase from the current and projected rents from EROW Communications. The new Lessee anticipates that the percentage of gross income will exceed the fixed monthly rent during the first two years of the initial lease term. The only proposed change to the Lessee's improvements is the replacement of the existing 100- foot antenna tower with a 120-foot antenna tower. Because this proposed change will be located on an existing communications site, the taller tower will have an insignificant impact on the preserve. With the elimination of the Lockheed facility in October, 1994 and the TCI facility in June, 1999, five communications facilities now remain (including the proposed Mountain Union Telecom site) on the east-facing ridgeline of Black Mountain. This has minimized the visual impacts from the Monte Bello Road trail. 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 ft= O REEST Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-00-118 Page 2 LEASE AGREEMENT The proposed lease with Mountain Union Telecom includes the following key terms and provisions: I The Lessee has the option to extend the lease for four(4) additional five (5) year terms consistent with California Public Resources Code 5563. 2) The Lessee is required to obtain all necessary government permits and approvals to construct and operate the existing communications facilities at this location. 3) The Lessee will provide general liability insurance in the amount of$5,000,000 for their operations on the property. 4) At the expiration or termination of the Lease, the Lessee is solely responsible for restoring the site to a natural condition. Staff supports the proposed Communications Site Lease because the continued use of the existing communications facilities provides increased rental income to the District with a negligible visual impact on District land. USE AND MANAGEMENT The District adopted a communications policy for the existing facilities at Black Mountain on December 8, 1982 (see memorandum M-82-119 dated November 19, 1982). Policies for the Black Mountain Communications Facilities state that new lease renewals will be considered on a case by case basis. Since a continued use of existing communication facilities is proposed, the Communications Site Lease and Agreement is in compliance with the objectives of this policy. CEQA COMPLIANCE PrQJect Description The project consists of the replacement of a communication antennae on District land. However, the use and continuance of an existing communications facility is not considered a project under CEQA. CEQA Determination The District conclude,that this project will not have a significant impact on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Section 15302. R-00-118 Page 3 Section 15302 exempts the replacement or reconstruction of existing structures or facilities if the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. This project qualifies under this section. Moreover, Mountain Union Telecom is responsible for obtaining permits from the City of Palo Alto for the removal and replacement of all improvements and facilities on the lease site. The City of Palo Alto would be considered the lead agency responsible for this replacement project. Prepared by: Michael C. Williams, Real Property Representative Graphics prepared by: Ana Ruiz, Planning Technician Contact person: Michael C. Williams, Real Property Representative RESOLUTION NO. 00-57 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE COMMUNICATIONS SITE LEASE AND AGREEMENT WITH MOUNTAIN UNION TELECOM, LLC (RANCHO SAN ANTONIO OPEN SPACE PRESERVE, BLACK MOUNTAIN) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The District may, under the provisions of Section 5540 and 5563 of the Public Resources Code, lease property owned by the District for a period of up to twenty-five (25) years, and the Board of Directors finds that the premises to be leased for Communication Facilities is temporarily unnecessary for park and open space purposes and considers that a lease of such premises for Communication Facilities is in the public interest, on the terms hereinafter set forth. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Lease between Midpeninsula Regional Open Space District and Mountain Union Telecom, LLC, a copy of which Lease is attached hereto and by reference made a part hereof, and does hereby authorize the President or other appropriate officers to execute said Lease on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Lessee. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. i MONTE BELLO OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C-` I� t.4 ••• ;;•• 0.a zf�f 'r.•� • o.2 os 0.3 ' .,• n ON ' ' nU 0.1 ,` Nj r{ �y 22f P ,+T �4 / • 0.1 0.2 »; , 0.3 ;. Mea3, ��� MOUNTAIN UNION o., C�' :,;••M.• °.7 �-0 X Mn° °.5 l TELECOMM FACILITY C/! Q f Wht1 ••' °s� ` �RANCMO M` 02 Oaf^• !�;0.x Be1W Vis1 Trail SAN \�y. J� ANTONIO ` tmxos7 1.t OPEN SPACE j 0.4 PRESERVE 0.6 o e,•F., °.6 ro3 p LICENSE AREA o.s ®O °= a ,.2 � Z r IN � Tral ��T80 rail .Black 0.6 0.2 Mountain 0.4 0.7 di Creek Trai\ O\ r t 2 jo ,o Sn05 806 3 {' 0.1 VA 400 "oinn 0.2 2200 Pond t• '� �" 1 O ; �y0.2/,"``,, c f 200F�t'00 •rq°A 0'2 Ds AstONTE BELT s S " u s °3 01 'Q ? 15R03 Mef°" 10 QPEN\SPACE`PRESERVE :- 0.7 0.2 7P \ 03 0:2 0.4 ._ t i u' k o.6 yard 0.4 z.o :' f. '' �C6riis— f • ac • •• 2200 F �t Zza1 SKYLINE RfQtGE �` o.s 4 trail 1 0 �z000 . OPEN SPACE 20 02 . ' ` I creek (MO Mnlood� —P-RESERVE� 70 +`Ss w, c . Cap 2200� u'e 0.4 2400 0.7 `mom r (Stjet-ven's-Creek "CountyPark m�%' `^� \(Santa Clara Table o•7 0.9 - u°i ounty) isiain Q COMMUNICATIONS SITE LEASE AND AGREEMENT THIS LEASE is made and entered into this day of , 2000 by and between Midpeninsula Regional Open Space District, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code , the Lessor hereunder, hereinafter called"District"and Mountain Union Telecom, LLC, a Delaware limited liability company, hereinafter called"Lessee". RECITALS A. District is the owner of that certain real property consisting of approximately ten thousand(10,000) square feet of land located in the County of Santa Clara, State of California, which is part of the District's Rancho San Antonio Open Space Preserve, more particularly shown and described on ExhibitA attached hereto and incorporated herein by this reference(the "Premises"). B. Lessee desires to lease certain ground space on the Property the Premises from District for the purposes of operating and maintaining communications structures and facilities and related equipment for Lessee's use and that of its subtenants, licensees and customers pursuant to the terms and conditions hereof. 1. Premises. District owns the real property as shown and described on Exhibit A. which includes the existing communications structures and facilities owned by Lessee as described and shown on Exhibit B attached hereto and incorporated herein by this reference j Subject to the following terms and conditions, District leases to Lessee certain ground space located on the Property described in attached Exhibit A sufficient for Lessee's operation and maintenance of Lessee's Telecommunication Facilities (defined in Paragraph 9) together with the necessary License Area for access (as defined in Paragraph 10), egress and utilities, as described and depicted in attached Exhibit B (collectively referred to hereinafter as the Premises 2. Commencement of Lease. The term of this Lease shall commence on October 1, 2000 (the "Commencement Date"), and shall expire five (5) years thereafter on September 30, 2005,unless sooner terminated in accordance with the provisions hereof, or unless extended pursuant to any right to extend the Lease term expressly granted herein. 3. T�s (a) The Premises may be used by Lessee for itself and by its subtenants, licensees, and customers for the operation and maintenance, repair and/or replacement of related facilities, towers, antennas, shelters, and equipment for transmission and reception of electromagnetic and other communications signals, and for all lawful uses incidental thereto, and for no other purpose without District's prior written consent. Lessee shall use the Premises in accordance with any statue, ordinance, rule, regulation, or other statement of lawful governmental authority with jurisdiction over the Premises and Lessee's use thereof now in force Page 1 or which may hereafter be promulgated(collectively ("regulations")), and shall at its own expense abide by and comply with any and all such Regulations regulating Lessee's use of the Premises. Such Regulations shall be deemed to include the Regulations for Use of Midpeninsula Regional Open Space District Land and Item No. 3 of the Midpeninsula Regional Open Space District Basic Policy, both of which are attached hereto as Exhibit C and incorporated herein by this reference. (b) Notwithstanding the foregoing, District reserves the right to enter on the Premises and to use the same(except for the Improvements) in any manner it shall desire, including without limitation for purposes of constructing, installing, operating, maintaining, repairing, replacing, altering, and moving pipelines, conduits, culverts, ducts, fences, power and communication poles and lines, and roads, or for grazing purposes, and District reserves the right to grant easements over, across, under, or upon the Premises, or for ingress and egress thereto, or for any other purpose, provided only that any such use by District and District's granting of any such easements shall not result in any unreasonable interference with the conduct of Lessee's business on the Premises. 4. Term. (a) The term of this Lease shall commence as of the Commencement Date as defined in Paragraph 2 hereinabove, and shall expire five (5) years thereafter, unless sooner terminated in accordance with the provisions hereof, or unless extended pursuant to any right to extend the Lease term expressly granted herein. (Option to Extend Term as further described in Paragraph 20.) (b) Lessee acknowledges that California Public Resources Code Section 5563 provides in part that: "When land or property is temporarily unnecessary for park or open space purposes, it may be leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should the board by ordinance determine to use the lands for park, open space, or other District purposes, the lease shall thereby be terminated." Accordingly, notwithstanding anything to the contrary herein contained, District shall be entitled to terminate this Lease, at any time during the term hereof, pursuant to the procedure required under said Section 5563,provided only that District delivers to Lessee (i) thirty (30) days prior written notice of any hearing or meeting to consider or adopt a resolution or ordinance affecting or terminating this Lease, and (ii) written notice of such termination at least twelve(12) months prior to the date on which such termination shall become effective. 5. Rent. (a) Lessee shall pay District the greater of the fixed minimum monthly rent ("Minimum Rent") as further defined in Paragraph 5(b)below or twenty-five percent (25%) of the Lessee's gross monthly fees (the "Percentage Rent") as further defined in Paragraph 5(c) below. Lessee shall pay District rent in monthly installments, in advance, on the first day of each month during the term of this Agreement. Page 2 (b) The Minimum Rent shall be Two Thousand Nine Hundred and No/100 Dollars ($2,900.00) per month effective the Commencement Date. Effective on the anniversary of the Commencement Date of this Agreement during each year of the Initial Term and any Renewal Term(s), the then current Minimum Rent payable by Lessee to Lessor shall be increased by an amount equal to four percent(4%) of the Minimum Rent in effect for the previous year as follows: Year 2 $3,016.00 Year 3 $3,137.00 Year 4 $3,262.00 Year 5 $3,393.00 (c) Percentage Rent is defined as an amount equal to twenty-five percent (25%) of the Gross Income (as defined below) derived from subtenants, licensees and customers on the tower which shall be paid in monthly installments, in advance on the first day of each month. The term "Gross Income" for any month or calendar year or partial month or calendar year shall mean income received by Lessee from subtenants, licensees and customers in connection with the Leased Premises. There shall be expressly excluded from Gross Income the following: (i) installation and maintenance fees paid to Lessee for services provided by Lessee on behalf of subtenants, licensees and customers; (ii) reimbursements by subtenants, licensees and customers to Lessee of operating expense, common area costs, Lessee improvements and damage and indemnification claims and reimbursements; (iii) the proceeds of insurance,other than rental and business interruption insurance; (iv) all sums collected and paid out for sales taxes, use taxes, excise taxes and similar taxes to be collected from subtenants, licensees and customers and paid by Lessee; (v)unforfeited security deposits received from subtenants. If the term hereof expires or is terminated other than on the last day of a month, Percentage Rent shall be prorated for such partial month according to the number of days in such month. Each month shall be considered an independent accounting period for the purposes of determining the amount, if any, of Percentage Rent payable hereunder. (d) Statement of Gross Income shall be remitted to District with each monthly rental payment whether said payment consists of a Minimum Rent or a Percentage Rent payment. In addition, within 90 days after the end of each calendar year or partial calendar year period for rents received, including, if this Agreement is terminated other than at the end of a calendar year, within 90 days after such date of termination, Lessee shall prepare and deliver to District a statement of Lessee's Gross Income during the calendar year(or partial calendar year) preceding the due date of such statement to be accompanied by a certificate by the Chief Financial Officer of Lessee, to the effect that such statement has been prepared in furtherance of Paragraph 5 hereof. (e) All rent payable by Lessee under this Lease shall be payable without notice or demand, and without any deduction, offset or abatement, in lawful money of the United States of America to District at the address stated in Paragraph 21 to such other persons or at such other places as District may from time to time designate in writing. Page 3 i 6. Possessory Interest Taxation. A possessory interest subject to property taxation may be created by this Lease. It is understood and agreed that if such a possessory interest is created, Lessee shall be responsible for the payment of all property taxes levied on such interest, and that District shall have no responsibility therefor. This section is in compliance with Section 107.6 of the Revenue and Taxation Code, State of California. 7. Improvements. Lessee shall maintain and operate on the Premises the following improvements (collectively the "Telecommunication Facilities"): a 384 square foot (16ft x 24ft) Communications Building, emergency power generator system, two (2)propane tanks, a master antennae receiver system, 6 foot high perimeter fence, antennae mounting brackets, a one hundred twenty (120) foot guyed wire antennae tower(replacing the existing 100 foot tower) all more particularly described and shown in Exhibit B attached hereto and incorporated herein by this reference. Lessee shall have the right, upon the prior review and written consent from the District, from time to time during the Initial Term and any Renewal Term(s) of this Lease, at its sole expense, to construct, install, operate, maintain, replace and remove its (as well as, to the extent applicable, that of its subtenants, licensees and/or customers) radio transmitting and receiving antennas, communications equipment, and related cables, wires conduits, air conditioning equipment, shelter buildings, and other appurtenances as it may from time to time require. Although such equipment and appurtenances may become fixtures, they shall be and shall remain solely the property of Lessee and Lessee's subtenants, licensees and customers and Lessee shall have the right to remove all of them from time to time during the term of this Agreement and at the expiration or termination of this Agreement. 8. Access to Premises. (a) District hereby grants to Lessee a non-exclusive revocable license permitting Lessee and Lessee's authorized agents, subtenants, licensees, customers, employees and contractors to use a segment of that certain road providing access to the Premises, which segment is situated on land owned by District and is more particularly shown outlined in red on Exhibit D attached hereto and incorporated herein by this reference (the "License Area"). The license granted pursuant to this paragraph may be revoked by District at any time by delivery of written notice to Lessee of such revocation, and shall terminate automatically without notice and without need for further documentation upon the expiration or sooner termination of the Lease term. (b) The License Area shall be used by Lessee, its authorized agents, employees, contractors subtenants licensees and customers if at all only for purposes of Y P 1P obtaining ingress to and egress from the Premises in order to install or construct the Telecommunication Facilities or too operate, maintain repair, alter, or inspect the p p P Telecommunication Facilities from time to time, and for no other purposes whatsoever. Lessee, its authorized agents employees,ees contractors, subtenants, licensees and customers shall exercise its access rights pursuant to the license granted herein only in such manner as will minimize erosion or other damage to the License Area, and shall refrain from using the same to the extent reasonably practicable when weather conditions shall render the License Area subject to greater Page 4 than normal erosion or other damage. Lessee shall not permit trucks and/or other machinery or equipment weighing in excess of ten(10) tons to use the License Area. (c) Lessee shall, at Lessee's sole cost and expense, repair all damage to the License Area, as well as all damage to improvements within or adjacent to the License Area designed to protect the surface of the License Area such as water drains, roads, berms, or culverts, caused by use of the License Area by Lessee or its authorized agents, subtenants, licensees and customers, employees, or contractors. Lessee shall be liable for any damage to the License Area and its immediate surroundings arising from its use thereof, or its repair or failure to repair the same as hereinabove required. (d) Lessee hereby expressly acknowledges that District does not warrant or otherwise guarantee to Lessee continuous access to the Premises by way of the License Area or otherwise. Notwithstanding the foregoing sentence, District shall use its best efforts to provide access to the Premises across other land owned by District in the event the License Area shall be rendered impassable due to causes beyond the reasonable control of Lessee, or if District shall for any reason terminate the license herein granted,provided only that Lessee agrees to pay any and all additional expenditures incurred by District as a result thereof. Any permits, licenses, or easements as may be required from time to time in order to cross over lands not owned by District in order to gain access to the Premises shall be obtained by Lessee at its sole cost and expense. In the event District is unable to provide Lessee with access to the Premises across the License Area or other land owned by the District and if Lessee is unable to secure alternative access to the Premises across lands not owned by District, Lessee shall have the right to terminate this Agreement. (e) Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities. 9. Maintenance and Relair. Lessee acknowledges that it has inspected the Premises and License Area, and Lessee accepts the Premises and License Area"as is" in the condition existing as of the Commencement Date. Lessee shall, at Lessee's expense, maintain the Premises in good, safe and sanitary condition, order and repair, and shall keep the Premises free from trash and other debris. Lessee shall promptly remove from the Premises any vehicles, machinery, equipment or other items which Lessee from time to time no longer uses in the conduct of its business on the Premises. 10. Alterations. (a) Except for the permitted Telecommunication Facilities specified in Paragraph 7, neither Lessee, nor its subtenants, licensees and customers, authorized agents, employees or contractors shall make or permit to be made any alterations, additions, or improvements ("Alterations") to, or of, the Premises or any part thereof without the prior written consent of District, such consent not to be unreasonably withheld, conditioned or delayed. Page 5 (b) Except for the permitted Telecommunication Facilities specified in Paragraph 7, District shall be entitled to review and accept or reject the design of Alterations which Lessee, or its subtenants, licensees or customers, may desire to make to the Premises. Such review and acceptance shall not be unreasonably withheld, conditioned or delayed. Prior to commencing construction or installation of any alteration the design of which District determines is acceptable, Lessee shall deliver to District detailed plans and specifications for such construction or installation and obtain District's consent thereto. (c) Any consent given by District pursuant to this Paragraph 10 shall not constitute implied consent to any subsequent alteration upon or to the Premises, except for Permitted Alterations, but shall apply only to those 'items or matters for which consent was expressly requested. (d) Lessee shall notify District at least ten (10) days in advance of any construction on the Premises, and District shall be entitled to post on the Premises notices of non-responsibility in favor of District prior to Commencement of any such construction. 11. Interference with Communications and Indemnification of Interference Claims. Lessee's Telecommunication Facilities and any facilities of its subtenants, licensees and customers, if applicable, shall not disturb the communications configurations, equipment and frequency which exist on District Land on the Commencement Date, and Lessee's Telecommunication Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). District shall not permit the modification or improvements of existing, or installation of any new, equipment on the Property which results in technical interference with Lessee's then existing Telecommunication Facilities. In any future lease, license or other grant of permission to use District's Land, District shall require said user to expressly agree for the benefit of Lessee, to not install or operate any equipment which would cause technical interference to Lessee's then existing communications facilities located on the Premises. Lessee agrees to indemnify District, hold District harmless and defend District from and against any and all claims, demands, or actions arising from claims of other Lessees of the District which exist and are in operation on the Commencement Date of frequency interference caused by Lessee. The parties acknowledge that the FCC has exclusive jurisdiction over disputes regarding frequency interference. 12. Liens. Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. 13. Waiver of Claims and Indemnification. Lessee waives all claims against District for loss of business or for damage to property, including the improvements and any alterations thereto and any equipment or machinery therein, or injury or death to persons occurring in, on, or about the Premises, or the Access Area, from any cause arising at any time, except as may be caused by the negligence or willful misconduct of District. Lessee, on behalf of itself and its agents and employees, hereby indemnifies District and holds District exempt and harmless from and against any damage to property or injury or death to persons arising from the use by Lessee or its subtenants, licensees and customers, contractors, authorized agents or employees of the Page 6 I Premises, or the Access Area, or from the failure of Lessee, or its subtenants, licensees, authorized agents, contractors or employees to keep the Premises, or the Access Area in good and safe condition as herein provided. District shall not be liable to Lessee or its subtenants, licensees, agents and employees for any damage, injury, or death arising out of the act or negligence of any owner, occupant, or user of any property adjacent to or in the vicinity of the Premises and not owned by District. Lessee shall pay all damage to the Premises and surrounding areas caused by its agents and employees, invitees, licensees, agents, subtenants, contractors, and employees. 14. Condemnation. If a condemning authority takes all of District's Land, or a portion which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be treated as a taking by a condemning authority. 15. Insurance. (a) Lessee shall maintain the following insurance: (1) Commercial General Liability with limits of$5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of$1,000,000.00 per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of$1,000,000.00 per occurrence. Lessee shall name District as an additional insured with respect to the above Commercial General Liability and Automobile insurance. Lessee shall cause its subtenants and licensees on the tower to name District as an additional insured with respect to any insurance policies which such subtenants or licensees are required to carry under their agreements with the Lessee. (b) Policies of Insurance. All required insurance policies must be taken out with reputable national insurers that are licensed to do business in California. Lessee will deliver certificates of insurance to District upon request. All policies must contain an undertaking by the insurers to notify District in writing not less than fifteen (15) days before any material change, reduction in coverage, cancellation, or termination of the insurance. The limits of said insurance shall in no event be deemed to limit the liability of Lessee hereunder. (c) District shall have no obligation to insure against loss to Lessee's leasehold improvements, fixtures, machinery, equipment, or other personal property in or about the Premises occurring from any cause whatsoever, and Lessee shall have no interest in the proceeds Y roceeds of an insurance carried b District. 16. Assignment and Subleasiniz. Lessee may not assign or sublease, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of District, such consent not to be unreasonably withheld; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate or to any successor-in-interest or entity acquiring fifty-one percent(51%) or more of its stock or assets. A Page 7 consent by District to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the prior written consent of District, or any assignment or subletting by operation of law, shall be void and shall, at the option of District, terminate this Lease. Copies of all final executed subleases and licensee agreements entered into by Lessee with its customers shall be submitted to District herein. Nothing herein shall prevent Lessee from entering into sublease and/or licensee agreements with its customers using portions of the tower and Telecommunication Facilities consistent with the terms and conditions of this Agreement. 17. Default: Remedies. 17.1 Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee: (a) Any failure by Lessee to pay the rent or any other monetary sums required to be paid hereunder(where such failure continues for seven(7) days after written notice by District to Lessee. (b) The abandonment or vacation of the Premises by Lessee. (c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee,where such failure continues for thirty(30) days after written notice thereof by District to Lessee: provided, however, that if the nature of the default is such that the same cannot reasonably be cured within said thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion. (d) The making by Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, same is dismissed within sixty(60)days); the appointment of trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease,where possession is not restored to Lessee within thirty (30) days, or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease,where such seizure is not discharged within thirty (30)days. Lessee agrees that in the event of the above, then this Lease or any interest in or to the Premises shall not become an asset in any of such proceedings. 17.2 Remedies. In the event of any such material default or breach by Lessee, District may, at any time thereafter,without limiting District in the exercise of any right or remedy at law or in equity which District may have by reason of such default or breach: (a) Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due,without terminating Lessee's right to possession irrespective of whether Lessee shall have abandoned the Premises. In the event District elects not to terminate Page 8 the Lease, District shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as District deems reasonable and necessary without being deemed to have elected to terminate the Lease, including removal of all persons and property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee. In the event any such reletting occurs, this Lease shall terminate automatically upon the new Lessee taking possession of the Premises. Notwithstanding that District fails to elect to terminate the Lease initially. District at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Lessee. (b) Terminate Lessee's right to possession by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to District. In such event District shall be entitled to recover from Lessee all damages incurred by District by reason of Lessee's default, including without limitation thereto,the following: (1)the worth at the time of award of any unpaid rent which has been earned at the time of such termination; plus(2) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided;plus(3) any other amount necessary to compensate District for all the detriment proximately caused by Lessee's failure to perform their obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus(4)at District's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. Upon any such re-entry District shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which District in its sole discretion deems reasonable and necessary. As used in(1) above, the "worth at the time of award" is computed by allowing interest the rate of ten percent (10%)per annum from the date of default. As used in(2) and(3)above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the U. S. Federal Reserve Bank at the time of award plus one percent(1%). The term "rent," as used in this Section 18, shall be deemed to be and to mean the rent to be paid pursuant to Section 5 and all other monetary sums required to be paid by Lessee pursuant to the terms of this Lease. All rights, options and remedies of District contained in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and District shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law,whether or not stated in this Lease. No waiver of any default of Lessee hereunder shall be implied from any acceptance by District or any rent or other payments due hereunder or any omission by District to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect defaults other than as specified in said waiver. The consent or approval of District to or of any act by Lessee requiring District's consent or approval shall not be deemed to waive or render unnecessary District's consent or approval to or of any subsequent similar acts by Lessee. 18. Entry by District. District shall, at any and all reasonable times and upon 24 hours written notice to Lessee, have the right to enter onto the Premises to inspect the same, to exhibit the Premises to prospective purchasers or Lessees, to post notices of non-responsibility, Page 9 all without abatement of rent payable by Lessee hereunder. Lessee hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. Notwithstanding the foregoing, District shall not access, disturb or open any of Lessee's equipment or Improvements located on the Premises, except in the case of an emergency situation which poses a substantial immediate threat of injury to persons or damage to Property, District shall give Lessee as much prior notice as is reasonably possible under the circumstances prior to such emergency access. 19. Waiver. The waiver by either party of an breach of any term, covenant, or condition herein contained by the other party shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by District shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rent so accepted. 20. Surrender of Premises. (a) At the expiration or sooner termination of the Lease and upon written request by District(to be made no later than thirty (30) days after the date of such expiration or sooner termination), Lessee shall, at Lessee's sole cost and expense, remove the Telecommunication Facilities and remove any debris resulting therefrom as well as any and all equipment, vehicles, machinery or other devices remaining on or about the Premises. Lessee shall be entitled, without obtaining District's prior consent, to remove all furniture and trade fixtures at the expiration or sooner termination of the Lease term, provided any damage occasioned thereby is promptly repaired by Lessee at Lessee's sole cost and expense (unless District expressly waives the need for such repairs). Upon demolition and/or removal by Lessee of such Telecommunication Facilities trade fixtures vehicles machinery and other devices on the Premises, Lessee shall at its sole expense restore the Premises to a condition of natural grassland to the reasonable satisfaction of District. If Lessee shall fail to so demolish and remove the items listed above, and thereafter to restore the land affected thereby to its natural grassland condition, all within thirty (30) days after the end of the Lease term, District shall be entitled to perform such work at Lessee's expense. The obligations of Lessee and rights of District set forth in this Paragraph 20(a) shall survive the termination of this Lease. (b) Lessee hereby specifically waives any rights to, and releases District from, any and all claims for relocation benefits and/or relocation payments to which Lessee might otherwise be entitled pursuant to California Government Code Section 7260 et sec., and any similar or successor statutes. Lessee shall hold District harmless from, and indemnify District against, any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. (c) Lessee shall have sole responsibility to restore any area adversely impacted by Lessee's use thereof to a natural condition, including the restoration of native plantings and vegetation which existed prior to the installation, maintenance, operation, or removal of the Improvements. Page 10 21. Option to Extend Term. (a) District hereby grants to Lessee an option to extend the term of this Lease for an additional period of five (5) years upon expiration of the initial five-year term of this Lease, and three (3) additional options each to extend the term of this Lease for an additional period of five (5) years upon each expiration of the immediately preceding five (5) year period, so that the maximum term of this Lease, including the initial five years of this Lease,shall be a total of twenty-five (25) years. Each of said four(4) options to extend the term for an additional five-year period shall be exercised by Lessee, if at all, by Lessee's delivery of notice of exercise of such option to District at least three (3) months, but not more than nine (9) months,prior to expiration of the Lease term(as extended, if at all, from time to time). Each of said five-year extension periods shall be subject to all of the provisions contained in this Lease except for rent, which shall be adjusted as provided in Paragraph 21(b) below. Notwithstanding the foregoing, if Lessee is in material default hereunder on the date of delivery of any option notice required to be given in order to exercise an option, said option notice shall be totally ineffective, or if Lessee is in material default on the date the extended term referred to in any such option notice is to commence, such extended term shall not commence and this Lease shall expire at the end of the term during which such option notice is given. Lessee shall not be entitled to exercise any of the options to extend following the first option to extend unless each and all of the preceding options to extend have been properly exercised in accordance with the provisions of this Paragraph 21(a). In the event the term of this Lease shall for any reason expire or terminate, all options to extend which have not been exercised shall be deemed to terminate upon such expiration or sooner termination, and shall thereafter be of no further force or effect. After Lessee's exercise of any one or more of said options to extend, all references in this Lease to the term shall be considered to mean the term as extended, and all references to expiration or termination of the term of this Lease shall be considered to mean the expiration or termination of the term as extended. (b) Upon exercise by Lessee of any of the four(4) options to extend the Lease term for a period of five (5) years granted pursuant to Paragraph 20(a) above, the parties shall have sixty (60) days after District receives the option notice exercising said option during which to agree upon the amount of Rent to be payable upon commencement of the extended term referred to in said notice. If the parties agree upon the amount of Rent for the extended term of said extended term, they shall immediately thereafter execute an amendment to this lease stating the amount thereof. If the parties are unable for any reason to agree upon the amount of such Rent within said sixty (60) day period, the Rent shall be determined by arbitration: the Lessee shall select an Arbitrator and shall communicate the name of the Arbitrator to the District; the District shall have ten(10) days to select an Arbitrator and communicate the name of the same to the Lessee; the two Arbitrators so selected shall select a third Arbitrator and all arbitration shall be completed prior to the expiration date of the then current term; a decision of the majority of the Arbitrators shall be binding on both parties; the costs of arbitration shall be borne by the Lessee and such arbitration shall be conducted in accordance with the Rules of the American Arbitration Association. Page 11 22. Notices. All notices, statements, demands, requests, approvals, or consents (collectively "notices") given hereunder by either party to the other shall be made in writing and shall be served personally or by first class mail, certified or return receipt requested, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: Michael C. Williams, Real Property Representative (650) 691-1200 - tel (650) 691-0485 - fax Lessee: Mountain Union Telecom, LLC 301 N. Fairfax Street, Suite 101 Alexandria, VA 22314 Attn.: Legal Department (703) 535-3009- tel (703) 535-3051- fax or to such other address as either party nay have furnished to the other as a place for the service of notice. Any notice so served by mail shall be deemed to have been delivered three (3) days after the date posted. 23. Attorneys' Fees. If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of or to enforce or interpret any of the provisions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, the amount of which shall be fixed by the court and shall be made a part of any judgment rendered. 24. Estoppel. District agrees, from time to time, upon not less than ten (30) days prior written notice from Lessee, to execute, acknowledge and deliver to Lessee a written estoppel certificate certifying that as of the date of the certification: (i) the Lease Agreement is a valid enforceable Agreement and the Lease is presently in full force and effect; (ii) the Lessee is not in default under any of the terms, conditions, or covenants of the Lease; (iii)the commencement date of the term of the Lease; the expiration date of the term of the Lease, Renewal Term(s); (iv) the current rent payable under the Lease per month; and (v) attached to the certification is a true and correct copy of the Lease and all amendments thereto. 25. General. (a) This Lease contains all of the terms, covenants, and conditions agreed to by District and Lessee, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by all of the parties to this Lease or their respective successors in interest. Page 12 (b) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, successors, executors, administrators, sublessees, and assigns of the parties. (c) When the context of this Lease requires, the masculine gender includes the feminine, a corporation, or a partnership, and the singular number includes the plural. (d) The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. (e) This Lease shall be governed and construed in accordance with the laws of the State of California. (f) Time is of the essence as to all of the provisions of this Lease as to which time of performance is a factor. (g) All persons who have signed this Lease shall be jointly and severally liable hereunder. (h) If requested by Lessee, District will execute a recordable memorandum of this Lease. 26. Warranties and Covenants of District. District warrants and covenants to Lessee that District is the owner and/or has legal right to possession of the District Land and the Premises and the power and the right to enter into this Lease, and that Lessee,upon the faithful performance of the terms, conditions and obligations of Lessee contained in this Lease, shall peaceable and quietly hold and enjoy the Premises and Access Area upon the terms, covenants and conditions set forth in this Lease throughout the term of this Lease and any extensions thereof. 1/J Jl1 111 1Il Page 13 MIDPENINSULA REGIONAL OPEN MOUNTAIN UNION TELECOM,LLC SPACE DISTRICT, a Califomia public district Accepted for Recommendation: By: David E. Weisman, Chief Executive Officer Michael C. Williams �7 Real Property Representative Date: cccl Approved as to Form: Susan M. Schectman General Counsel Date: Recommended for Approval: L. Craig Britton Cteneral Manager Approved and Accepted: President, Board of Directors Date.- Attest: Deirdre Dolan,District Clerk Date: Page 14 EXHIBIT A 1 of 2- Guy wire anchz I I I I Proposed Guys anchored 80' from tower Existing Guys 60' from tower (to be removed) i Perimeter fence 6'high existing 100' guyed tower —pro osed 120' guyed tower (to be remov df / n 4 leg � / tower / ropan / Communications enerat i / Building R Gate \ ropa Guy wire anchor Guy wire anchor Black Mountain MOUNTAIN UNION SITE LAYOUT PLAN 0.0 ft. 9.0 ft5.0 ft. 30.0 ft. ESGMNO Exhibit A � SCl1E 31EET 1d2 o N extension N extension m N X 1. O .y "+T W N---I o Proposed 120'guyed lower N T o Existing 100'guyed tower T (to be removed) 4 leg tower 4 leg tower Communications Communications Building Building Black Mountain hbl1 IN UNION E d ft r+C P,opo TOWER ELEVATION —} 0.0 ft. 9.0 ft. 15.0 ft. 30.0 ft. 3 I I EMMI A EXHIBIT W Listing of Improvements at Black Mountain Communications Facility 1 building I guyed tower 2 45 KVA Generator Units—Change over equipment 2 Propane tanks— 1 holds 250 gallons, 1 holds 350 gallons 2 separate building a/c systems—Alternate on regular basis and work simultaneously in hot weather. Remote security system for loss of a/c, loss of power. 1 Outbuilding —base of old microwave tower 10-25' high (for HAM operators) 1 Antenna combiner for r/x only, over 20 years old rack mount designed for 460 and 480 systems. EXHIBIT C REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS (Adopted by Ordinance No. 93-1, July 28, 1993) CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors Of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT. DISTRICT LANDS DEFINED. "District" means the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, ""permit" or "permission" means permission, granted in writing by the general manager or an authorized representative Of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors Of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance Exhibit C Page 1 CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the STATE OF CALIFORNIA, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and official shall abide by the laws of the STATE OF CALIFORNIA and all applicable county, and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the STATE OF CALIFORNIA and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER III. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the STATE OF CALIFORNIA, and apply to all District Lands. A title, where used, does not limit the language of a section. Exhibit C Page 2 SECTION 301. VIOLATIONS OF ORDINANCE. A MISDEMEANOR OR INFRACTION. Any violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources Code, Section 5560.) SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. i SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: 1) accompanied by a parent or guardian; 2) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; 3) the juvenile is an emancipated minor. 400.3 Definitio . A juvenile is defined as any person under the age of 18 years. Exhibit C Page 3 SECTION 401. SWIMMING. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any water areas of the District except in designated areas. 401.2 Definitio . "Water-contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definitio . "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS, TRAPS, WEAPONS, AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exceptions. This section shall not apply to: 1) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; 2) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; 3) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, build, or Exhibit C Page 4 maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be limited to any campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Ngj,,&. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with Exhibit C Page 5 the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or event on District Lands without written permission when the activity or event: 4) is advertised or noticed in any publication, poster, or flyer; or 5) requests or requires a fee be paid for participation; or 6) may be attended by twenty (20) or more people. SECTION 409. ' MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or, engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall roller skate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410 ALCOHOLIC BEVERAGES. Exhibit C Page 6 i 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 410.2 DesignatedArea. No person shall possess or consume alcoholic beverages in an area that has been declared by the general manager or an authorized representative to be a prohibited area. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. . RIDING / HIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or Exhibit C Page 7 property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on designated trails and roadways. 502.2 Unsafe Operatio . No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing an A.N.S.I. or Snell-approved helmet for head protection, with the exception of the trails open to bicycles east of Deer Hollow Farm at Rancho San Antonio Open Space Preserve. 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private PrQpeM. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private PL=M Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, without the written permission of the owner of such land, his or her agent, or of the person in lawful Exhibit C Page 8 i possession, and no person shall: 7) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof; 8) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or hunting on such lands; or 9) remove, injure, unlock, or tamper with any lock or any gate on or leading into such lands; or 10) discharge any firearm. CHAPTER VI. PRESERVE USES - COMMERCIAL/REVENUE SECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. 1 Z SECTION 60 GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. Exhibit C page 9 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 D=. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: 1) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; 2) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet. 701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or IiIjIlLy to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. Exhibit C Page 10 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations. 701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. I SECTION 702. NATURAL AND CULTURAL RESOURCES. 702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant, tree, or portion thereof, whether living or dead, including, but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.4 ArcheologicalF r . N r n 0o e so shall damage, injure take collect, o ect remove, or attempt to damage, injure, take collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.5 Special Permission. Special permission(Section 105) may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written Exhibit C Page 11 permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. CHAPTER VIII. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands, It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definitio . Littering is defined as the willful or negligent throwing, dropping, placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: 1) In areas where prohibited by "NO PARKING" signs; 2) On any fire trail; 3) On any equestrian or hiking trail 4) In such a place or manner as would block or obstruct any gate, entrance, or exit; 5) In such a place or manner as to take up more than one marked parking space in any authorized parking area; 6) In such a place or manner as to block or obstruct the free flow of traffic; 7) Within 15 feet of a fire hydrant; 8) Adjacent to any curb painted red; Exhibit C Page 12 9) On any district Lands after sundown except pursuant to a written permit; 10) In areas signed for permit parking on District Lands without a written permit; 11) In any other place on District Lands not designated by the District as an authorized areas. SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES 802.1 Gene. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt-bikes," and similar vehicles. 802.2 Excc;ations. This section shall not apply to: 1) emergency vehicles operated within the scope of official use; 2) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; 3) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. Page 13 Exhibit C 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager ro an authorized agent. 805.2 After Hours Use. No person shall enter or remain on District Land "after hours" without a written permit issued by the District. The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. Exhibit C Page 14 MONTE BELLO OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT600 j 1.4 ;_ • 1 111 III 1 d4(tr)---.,,_„_ •` - _a_ • � 2200 • 180D 00 � 00 MOUNTAIN UNION S 22 '� .� 11�1 TELECOMM FACILITY �1 i _ RANCHO 0 rail SAN) ANTONI'O :3 OPEN SPACE •' 0.4 PRESERVE 0.8 ��•O,uyp'- 0.6 WP03) •0 ° LICENSE AREA ' ..... ,rh Trail Black ` —. 2000 28001 r ).2 Mountains mrt } n Creek Tram C,1.2 � � f 2600 wo 240020n2200 �4 ` -�_ • ate, _ �' \ �MONTE BELLO 1800 OPEN SP-ACE-PRESERVE 1600 hard 2.0 d r ' P >c� ~heel CreekTrail cMaoa) SRO2 .0 \` � EXHIBIT D Regional Open S, ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-114 Meeting 00-24 September 13, 2000 AGENDA ITEM 4 AGENDA ITEM Authorization to Hire Protect All Life Foundation to Remove Eucalyptus Trees as a Part of the Habitat Restoration at Pulgas Ridge Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the proposed project is categorically exe t from the California Environmental Quality Act (CEQA) based on the findings contained in this report. 2. Authorize the General Manager to execute a contract with Protect All Life Foundation to remove thirty (30) Eucalyptus trees with a budget not to exceed $25,000 in fiscal year 2000-2001. BACKGROUND Restoration of Pulgas Ridge Open Space Preserve has been a priority since the District acquired the property in 1985. Initially, restoration efforts focused on removing the abandoned structures. In 1994, the focus shifted to habitat restoration and a comprehensive plan was written for the preserve. Last year, at your regular meeting of March 24, 1999, you approved a budget increase for additional habitat restoration efforts at Pulgas Ridge. The 1994 plan was updated and restoration activities conducted b staff, g g p p Y California Conservation Corps (CCC) members, and volunteers tripled. The objective of the habitat restoration efforts at Pulgas Ridge Open Space Preserve, consistent with the resource management mission statement and policies, is to return the preserve to a more natural environment that has higher habitat value for wildlife and low- intensity recreational use. The three main goals of the habitat restoration at Pulgas Ridge are to: 1) Enhance the natural values of the preserve by replacing invasive, non-native vegetation with native species; 2) Create self-sustaining native vegetation, that will require little or no maintenance in the long-term; and 3) Use cost-effective implementation and disposal methods for non-native species removal. 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 O " Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-00-114 Page 2 The habitat restoration at Pulgas Ridge is a phased project, planned to continue through the year 2017. Each phase focuses on a small management area to selectively remove target non-native species. To aid native species regeneration, some non-native trees are left standing to provide shade and moisture for seedlings. Once native species become established (about three years depending on the site), the remaining non-native trees are removed. Where natural regeneration is low, staff and volunteers will seed and plant native species. Thirty of the largest Eucalyptus trees will be removed this year to allow for natural regeneration to begin in those areas (see attached map). DISCUSSION Early this year the Protect All Life (PAL) Foundation approached the District regarding salvaging trees that would otherwise be discarded. The Foundation is a public benefit nonprofit organization that recycles cut trees into interactive, educational artwork and environmentally-friendly products. Examples of products produced by PAL include educational artwork, lumber, indoor and outdoor furniture, custom art pieces, flooring, and decking. PAL Foundation is certified by Scientific Certification Systems, a globally recognized and respected third-party certifying organization that is accredited by the Forest Stewardship Council. If approved, the PAL Foundation would remove the thirty selected Eucalyptus trees before the rainy season begins in November. They would reclaim all wood greater than 12 inches in diameter and pile the remaining limbs in approved locations for staff and the CCC to chip on-site. Volunteers will help staff seed and plant native species in areas where trees were removed. All salvaged and reclaimed trees will be stored at the PAL tree recycling yard and graded into categories for milling purposes or for artwork. To complete the recycling loop, the District may elect to pay for trees taken from the preserve to be milled for other District uses such as retaining walls, signposts, or boardwalks. Portions of the preserve will be closed during the tree removal operations and visitors will be encouraged to keep their dogs on leash, even in the dog off-leash area. Informational signs will be posted at all preserve entrances. CEOA COMPLIANCE Project Description The proposed project is a habitat restoration and enhancement project. The purpose is to restore the project site to a natural environment that has higher habitat values for wildlife and recreational use. The project will remove non-native invasive vegetation and plant native species to eventually create a self-sustaining native community, which will require little or no maintenance in the long term. R-00-114 Page 3 CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Section 15301 and Section 15304 of the CEQA guidelines as follows: Section 15301 (i) allows maintenance of wildlife habitat areas to protect wildlife resources. The tree removal, which is a component of the restoration plan for the preserve, reduces competition and increases germination and growth rates of native plants of the four habitat communities originally occupying the area (coast live oak and blue oak woodlands, coastal sage scrub, and chaparral). Section 15304 allows activities resulting in minor alterations to land such as grading, landscaping, trenching, and backfilling. The proposed tree removal and restoration efforts are similar to these activities in that only a selection of trees will be removed over a phased time period creating only a minor alteration of the land. All tree removal will be completed no later than November to encourage native species to germinate before the rainy season. New growth will prevent any possibility of erosion and give native species the advantage to establish the area. As the removal of Eucalyptus and Acacia trees has a visual impact for preserve neighbors and visitors, removal efforts are phased over time. Trees are selectively removed, leaving enough standing trees to minimize the visual impact. Additionally, grasses will be seeded in winter, and native shrubs and trees planted in spring to accelerate the regenerating capacity of the site. PUBLIC NOTIFICATION A meeting notice and project description has been mailed to the neighboring property owners and interested parties of Pulgas Ridge Open Space Preserve. Prepared by: Jodi Isaacs, Resource Management Specialist Contact person: Same as above MANAGE; NT AREAS AND PROF )ED DATES OF RESTORATION ACTIVITY LEGEND - MANAGEMENT AREAS Western Eucalyptus Grove 0 \ © Acacia Areas Adjacent to Road ° © Disturbed East-Facing Road Bank 1999 3 BI ue Oak Trail - Broom Acacia and Broom Area Coyote Brush Area ° e C19r�7 � Q Large Eucalyptus Trees �\ A Large Eucalyptus Trees To Be ' \ Removed In 2000 * Note: proposed dates of restoration ` 0 activity are shown within each QW0'i e ° ;, management zone. 199 0 9 y A i 2000 � 1 2015 2014 .•/ r 1 -- 2012 �� I �2002 ` 006 2013 j 20112010 1 1, 2008 �005 2 I 009 2003 � 400' 800' I f `J! 2004 Scale: 1 " = 400' Blue Oak Trail 8/2000 PULGAS RIDGE OPEN SPACE PRESERVE Regional Open S, ce s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-116 Meeting 00-24 September 13, 2000 AGENDA ITEM 5 AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for Fremont Older Open Space Preserve to Realign a Section of Trail in the Hunters Point Area ASSISTANT GENERAL MANAGER'S RECOMMENDATION I Adopt the amendment to the Use and Management Plan for Fremont Older Open Space Preserve to realign an approximate 0.1-mile trail segment in the Hunters Point Area. DISCUSSION At your August 9, 2000 meeting, you tentatively approved an amendment to the Comprehensive Use and Management Plan for Fremont Older Open Space Preserve to realign a section of trail in the Hunters Point Area of the preserve (see attached report R-00-108). One member of the public contacted District staff regarding this issue. Staff responded with additional information concerning the trail realignment. On September 6, 2000, staff met with one interested person and one adjoining neighbor of Fremont Older Open Space Preserve at Hunters Point to further discuss the trail realignment and walk the proposed re-route. Staff notified more than 70 interested persons and neighbors of the meeting and posted notices onsite at the main preserve entrances. Both attendees raised concerns regarding the amount of cut and fill that will occur to construct the new alignment. Staff explained that only a minimal amount of cut and fill would be necessary since the route would follow the natural contour of the terrain. Moreover, the new road-width trail would be compacted to ensure surface stability. One attendee inquired about the process by which the District determines the need for soil and engineering studies. Staff informed her that the District carefully evaluates each project and determines the need for technical studies based on the amount of grading, the potential for soil movement, and the proximity to both stream channels and adjacent private properties. In this instance, soil studies are not warranted since very minimal grading will be required, the project site has not experienced any landslides, stream channels are not present near the site, and the proposed re-route is located more than 500 feet from the nearest preserve boundary. CEOA Compliance At your August 9, 2000 meeting, you determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15302, Replacement or Reconstruction; and Section 15304, Minor Alteration to Land. 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 [ 7 0 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz •General Manager:L.Craig Britton R-00-116 Page 2 PUBLIC NOTIFICATION Adjoining property owners to Fremont Older Open Space Preserve, as well as people interested in the preserve, have been mailed written notices of this item. Prepared by: Ana Ruiz, Planning Technician Contact person: Same as above Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-120 Meeting 00-24 September 13, 2000 AGENDA ITEM 6 AGENDA ITEM Permit to Enter Former Southern Pacific Railroad Right-of-Way for Soil Testing at Ravenswood Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the proposed actions are categorically exem under the California Environmental Quality Act (CEQA) based on findings contained in this report. 2. Authorize the General Manager to execute the attached Permit to Enter allowing Union Pacific Railroad Company access to the property for the purpose of testing the soil for toxic contamination. DISCUSSION The Regional Water Quality Control Board has requested Union Pacific Railroad Company to perform arsenic sampling along a District-owned easement near the Ravenswood Open Space Preserve. Union Pacific Railroad Company purchased Southern Pacific Transportation Company, the former owner and operator of the rail line (the Ravenswood Drill). The requested soil sampling is in response to a U.S. Environmental Protection Agency (EPA) report stating that previous soil sampling detected arsenic levels at two locations along the right-of-way that exceeded the established background levels. In 1996, the District issued a similar permit to enter to the EPA for similar testing in the preserve (see report R-96-59), and again in 1997, to Rhone-Poulenc, Inc. to conduct soil testing along this easement (see report R-97-125). In the present case, Union Pacific Railroad has requested formal permission to test for arsenic soil contamination along the District-owned easement. Garbage would be cleared along the right-of-way to allow access for sampling purposes. The testing would consist of approximately 20 to 25 holes dug to a maximum depth of three feet and then backfilled with the excavated soil or clean imported fill that will be compacted. Union Pacific Railroad would provide the District with a copy of the results. CEQA COMPLIANCE PROJECT DESCRIPTION The project consists of approximately 20 to 25 soil borings to a depth of up to three feet along the District-owned easement and former railroad right-of-way known as the Ravenswood Drill. Each test 330 Distel Circle • Los Altos,CA 9402 2-1 404 • 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 R-00-120 Page 2 hole will be backfilled with the excavated soil or clean imported fill and then compacted. This easement is located in East Palo Alto near the western border of Ravenswood Open Space Preserve between the Dumbarton Branch railroad line and Purdue Avenue. CEOA DETERMINATION The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Sections 15301, 15304, and 15306 of the CEQA guidelines. Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing public facilities involving negligible expansion of use beyond that previously existing. Section 15304 exempts minor alterations to land, including minor trenching and backfilling where the surface is restored. Section 15306 exempts basic data collection and resource evaluation which do not result in a serious or major disturbance to an environmental resource. PUBLIC NOTIFICATION Adjoining property owners to Ravenswood Open Space Preserve have been mailed written notices of this item. Union Pacific Railroad will prepare a fact sheet to notify private property owners along the former railroad right-of-way of its intent to conduct soil sampling in the area to investigate toxic contamination. A draft of this fact sheet will be provided to the District for review prior to its distribution. Prepared by: Ana Ruiz, Planning Technician Contact person: Same as above RAVENSWOOD OPEN SPACC `RESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I ► ► N Ravenswood Point SAN FRANCISCO NATIONAL 84 WILDLIFE REFUGE 1� SAN FRANCISCO BAY ► NATIONAL WILDLIFE REFUGE \ I a (RW02) I # ► 1 ' �0. i , . o \ o SALT EVAPORATORS MROSD 1 — N PORTION 1 ♦1.2 1 o� MENLO PARK ♦ 3 RAVENSWOOD DRILL ♦ Cooley Landing (FORMER RAILROAD (RW 11* � RIGHT-OF-WAY) oaf' s Ne i Q,a`I,is _ Wbr�d �N. Q r , -BAYLANDS� r �♦r� .� NATURE- G EAST PALO + PRESERVE ALTO PORTION t EAST 101 PALO ALTO ♦ �6aY1 AN t re � ' Interpretive Center EXHIBIT 1 0.0 .1 .1 .3 .a One Mile PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a special District (hereinafter "DISTRICT"), and the Union Pacific Railroad Company (formerly Southern Pacific Transportation Company and hereinafter "UPRR"). The parties hereby agree as follows: 1.0 PROPERTY District grants UPRR a Permit onto Enter its easement over the Southern Pacific Railroad right-of-way between Purdue Avenue and the Dumbarton Branch Railroad in East Palo Alto, as illustrated in Exhibit 1, attached hereto and incorporated by this reference (hereinafter "Property") for the purpose and subject to the conditions set forth below. 2.0 PURPOSE This Permit to Enter is for the sole purpose of conducting soil sampling to investigate potential soil contamination. 3.0 PERMIT CONDITIONS The sampling shall be subject to the following permit conditions: 1) UPRR's consultants shall collect approximately 20-25 soil samples to a maximum depth of three feet at several points along District's portion of the right-of-way. Sampling holes shall be immediately backfilled with the excavated soil or clean imported fill and compacted. 2) UPRR shall notify District at least one week (7 days) prior to commencement of any work hereunder. 3) UPRR shall notify owners of the underlying fee on the Property at least one week (7 days) prior to commencement of any work and will promptly provide District with a copy of such notice. 4) UPRR will limit removal of any trees on the Property to those absolutely necessary to conduct the testing activities, and shall coordinate with the owner of the underlying fee Property in such case, per condition 3 above. 5) UPRR agrees to directly make available to District all soil sampling and analysis reports affecting the Property, which may from time to time be required by the Regional Water Quality Control Board or other governmental agency, or which may be conducted by UPRR in its discretion, arising out of or relating to soil sampling activities performed hereunder. 6) UPRR may store excavated material on site in sealed drums until profiled, but such material shall be returned to the excavation and compacted, or removed from the site if warranted due to contamination. In no case shall material be stored in drums on site more than 60 consecutive days. 7) UPRR will cut trees and significant weeds and grass to a height not exceeding two inches above ground in the areas where soil sampling will occur, then chip tree cuttings and remove all vegetation clippings from the site if necessary to safely conduct soil sampling. 8) UPRR will collect and remove garbage in the immediate area where soil sampling will occur. No soil will be disturbed or removed under this task. 9) Right of entry is limited to UPRR and its officers, directors, employees, consultants, or contractors. 10) UPRR may bring onto the Property only such persons, vehicles, and equipment as are reasonably necessary for the installation, maintenance, or monitoring of the Project. 11) UPRR shall limit its activities on the Property to the operational area depicted on Exhibit I and may not conduct activities on District property outside of this area without the additional written approval of District. 12) UPRR will leave the surrounding site in a condition equal to or better that that which was originally found. 13) UPRR shall notify District upon completion of all work. 4.0 TERM The term of this Permit shall commence upon its approval by District's Board of Directors. Access to the Property for the purposes of soil sampling shall commence on execution by the District's General Manager and end six months from the date of commencement, provided however, that the period for access may be reasonably extended with the written permission of District's General Manager. Access to the site is allowed from sunrise until one-half hour after sunset. 5.0 NOTICE Any notice or notices required or permitted to be given pursuant to this Permit may be '2 personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) DISTRICT Ana Ruiz, Planning Technician REPRESENTATIVE: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) UPRR : M.J. Grant 49 Stevenson Street, 15" Floor San Francisco, CA 94105 (415) 541-7021 (415) 541-7022 (FAX) 6.0 DAMAGE AND LIABILITY UPRR agrees that the use of equipment and tools on the Property shall be done with all reasonable care, diligence, and precautions to avoid damage to the land, property, or personnel of District or to the public. UPRR agrees to indemnify, hold harmless, defend, and protect District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of UPRR under this Permit, both on or off the Project. UPRR hereby waives all claims and recourse against District, including the right of contribution for loss or damage to property, and releases District from liability to the extent such claims or liability were not caused by the negligence of District and provided such claims are related to UPRR's activities under this Permit or UPRR's use of the project site, premises, or facilities under this Permit. UPRR and its contractors and subcontractors shall have sole responsibility for the safeguarding i 3 of their equipment, property, and personnel (i.e., employees, agents, officers) from any and all injury, death, or damage as a result of this Project. UPRR shall be responsible for any and all personal injury and property damage on the Property caused by its acts or omissions as a result of any work conducted pursuant to this Permit, and shall indemnify District against any and all claims, liabilities, or losses, including attorneys fees, on account thereof. 7.0 HAZARDOUS SUBSTANCES INDEMNIFICATION UPRR shall indemnify, defend, and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities, losses, damages, cleanup costs, remediation costs or other costs, foreseen and unforeseen, including without limitation, attorney, engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on, in or under the Property, when the existence of such hazardous substance, in whole or in part, arises out of, is attributable to or is caused by any activities, acts or omissions by UPRR under this Permit to Enter, either off-site or on-site. 8.0 INSURANCE Throughout the term of this agreement, UPRR at its sole cost and expense shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage. Limits shall not be less than $1,000,000 per occurrence. This Permit is not valid without UPRR's insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name District as an additional insured. This requirement may be satisfied by written documentation of self-insurance by UPRR in a form and amount satisfactory to District and with District's prior written approval. Any contractor, agent, consultant or other representative of UPRR who enters the Property to perform any activities shall provide and maintain insurance of the foregoing type, coverage, and limits, and shall also name District as an additional insured. Throughout the term of this agreement, UPRR, at is 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. 9.0 CANCELLATION This Permit to Enter shall be cancelable by District upon 48 hours notice to UPRR. 4 1 The above Permit to Enter has been read and understood and is hereby agreed to and accepted. UNION PACIFIC RAILROAD COMPANY By: Date Name: Title: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Date L. Craig Britton General Manager i 5 Claims No. 00-15 Meeting 00-24 Date: Sept. 13, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2335 1,640.22 Acme&Sons Sanitation Sanitation Services 2336 134.41 ADT Security Services Alarm Service 2337 1,950.28 All Chemical Disposal, Inc. Hazardous Waste Disposal/BCR Preserve 2338 700.00 *1 American Trails Conference--M. Newburn&D. Danielson 2339 3,000.00 Appraisal Research Corporation Appraisal Services 2340 1,038.09 Arne' Sign&Decal Co., Inc. Decals 2341 24.61 AT&T Telephone Service 2342 104.30 A Tool Shed Rentals Equipment Rental 2343 62.50 Gordon Baillie Reimbursement--Professional Dues 2344 355.46 Barron Park Supply Co. Field Supplies 2345 197.80 Bay Area Air Quality Management District Permit&Fees-Demolition Project-BCR 2346 3,201.20 BNY Western Trust Company Note Paying Agent Fees-1999 Rev. Bonds 2347 294.44 Beck's Shoes Uniform Boots 2348 146.50 Bill's Towing &Recovery Towing Services 2349 883.28 Biotic Resources Group Sierra Azul Vegetation Inventory 2350 98.07 Browning-Ferris Industries Garbage Service 2351 403.95 California Water Service Water Service 2352 115.00 CalEppc Symposium 2000 Exotic Plant Symposium-J. Isaacs 2353 102.09 Camino Medical Group Medical Services 2354 247.78 Cascade Fire Equipment Company Field Supplies 2355 231.68 Cole Supply Co., Inc. Janitorial Supplies 2356 399.00 CompuMaster Computer Class-G. Baillie 2357 1,490.23 Compurun Network System Management Consultant 2358 73.42 Bunny Congdon Reimbursement--Staff Event Supplies 2359 32.48 *2 Contemporary Engraving Engraving Services 2360 245.00 *3 Betsy Crowder Reim-Conference-National Land Trust 2361 100.00 Jim Davis Automotive Vehicle Smog Checks 2362 1,608.55 Eccles Engineering Rancho San Antonio-P G&E Trail Work 2363 34.00 Emergency Vehicle Systems Vehicle Light Repair 2364 1,868.94 Environmental Science Associates Krone Bishop Property/Neg Dec Consultant 2365 6,401.31 Farrelle Communications 7 Radios and Chargers 2366 108.14 Federal Express Federal Express Mail 2367 536.97 Film To Frame Film and Film Processing 2368 69.93 Tom Fischer Reimbursement--Supplies 2369 664.96 Foster Brothers Locks and Keys 2370 100.00 Matt Freeman Reimbursement--Professional Dues 2371 55.21 G&K Services Shop Towel Service 2372 179.06 Greenlnfo Network Display Maps 2373 115.52 Guy Plumbing&Heating Inc. Enterprise Plumbing Repairs 2374 12,933.71 Harbor Printing Fall Newsletter and Hikes&Walks Printing 2375 1,119.00 HMH, Incorporated Density Analysis Testing 2376 573.31 Home Depot Field Supplies 2377 16.86 Hyster Sales Company Equipment Part 2378 318.80 Interstate Traffic Control Field Supplies 2379 442.01 Jodi Isaacs Vehicle Expense 2380 28.00 Jobs Available Subscription 2381 4,834.58 *4 Dirk A. Kabcenell Windy Hill Trail Relocation Deposit 2382 831.41 Kinko's Printing Services Page 1 Claims No. 00-15 Meeting 00-24 Date: Sept. 13, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2383 135.31 Keeble&Shuchat Photography Recognition Event Prints 2384 935.20 *5 Lanier Worldwide, Inc. Copier Lease Agreement 2385 135.70 *6 Lanier Worldwide, Inc. Copier Meter Usage 2386 200.00 Los Angeles County Parks&Recreation Conference-J. Escobar&G. Baillie 2387 336.22 Los Altos Garbage Company Garbage Service 2388 447.61 *7 Lucent Technologies Telephone Lease Installment Payment 2389 166.82 *8 MCI Long Distance Phone Service 2390 604.90 MetroMobileCommunications Radio Maintenance&Repairs 2391 900.00 Micro Accounting Solutions Computer Consultant 2392 674.53 Moffett Supply Company Janitorial Supplies 2393 140.00 Mountain View Optometry Medical Services 2394 4,000.00 *9 Navarone Industries, Inc. Newsletter Mailing Service Deposit 2395 2,093.64 National Fire Fighter Corp. Fire Pumper Accessories 2396 200.00 National Safety Council Membership Renewal 2397 1,562.74 North American Title Company Title&Escrow Services 2398 910.32 Office Depot Office Supplies 2399 342.04 Office Helper Office Supplies 2400 1,639.00 Old Republic Title Company Escrow&Title Insurance 2401 794.22 Orchard Supply Company Field Supplies 2402 188.98 Pacific Bell Telephone Service 2403 1,140.29 *10 Pacific Bell Telephone Service 2404 1,333.21 PIP Printing Printing Services 2405 255.64 *11 Pitney Bowes, Inc. Mailing Machine Services 2406 122.12 Precision Engravers, Inc. Name Tag Engraving 2407 141.98 Pringle Tractor Co. Tractor Supplies 2408 59.54 Pro-Flame Propane Tank Rental 2409 25.46 Rancho Hardware Field Supplies 2410 72.26 Rayne Water Conditioning Water Service 2411 41.17 The Recorder Subscription 2412 157.55 Redwood General Tire Co., Inc. Tire Replacement 2413 -83.60 Regal Dodge, Inc. Vehicle Lights 48.85 2414 1,543.80 Eric Remington Wildlife Assessment Services 2415 85.65 Royal Brass, Inc. Equipment Parts 2416 4,389.09 Roy's Repair Service Vehicle Maintenance&Repairs 2417 56.78 Ana Ruiz Vehicle Expense 2418 136.71 R. V. Cloud Equipment Repair Parts 2419 97.43 David Sanguinetti Reimbursement--Rescue Supplies 2420 686.03 Santa Clara County Dept. of Environmental Health Hazardous Waste Disposal--BCR 2421 753.00 San Jose State Univ. Admin. Of Justice Bureau Supervisory Training--J. Kowaleski, B. Downing and B. Malone 2422 653.00 Santa Rosa Junior College Ranger Academy--S. Anderson-Minshall 2423 80.00 *12 Secretary of State Notary Public Exam-L. Zadek&J. Preciado 2424 160.00 Sequoia Analytical Water Testing 2425 66.53 Shell Fuel 2426 361.36 Signs of the Times Signs 2427 50.00 *13 Silvan/Identix Fingerprint Centers Notary Public Fingerprinting Services 2428 52.40 Skywood Trading Post Fuel 2429 255.00 Malcolm Smith Public Affairs Consultant-News Release Page 2 Claims No. 00-15 Meeting 00-24 Date: Sept. 13, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2430 44.00 Stanford University Fingerprinting Services 2431 337.76 Stevens Creek Dodge Vehicle Maintenance&Repairs 2432 3,200.00 Swanson Hydrology&Geomorphology Hydrologic Assessment-Sierra Azul 2433 247.90 Summit Uniforms Uniforms 2434 684.89 Tires on the Go Tire Balancing and Tires 2435 1,509.00 *14 TKO Construction Final Retainage-BCR Demolition Project 2436 9,860.20 2M Associates District Annexation Study Consultants 2437 129.00 Terminix Pest Control Services 2438 240.00 Therma Corp. HVAC Maintenance--Distel Bldg. 2439 27.76 Turf&Industrial Equipment Co. Tractor Supplies 2440 2,284.00 Underwood&Rosenblum, Inc. Topographic Survey-Rancho PG&E Road 2441 3,591.43 United Rentals Equipment Rental 3,236.23 2442 173.00 Verio/Best Internet Internet Domain Fees 2443 225.00 Verio Internet Provider Monthly Fees 2444 36.34 Verizon Wireless Pager Service 2445 2,794.47 *15 Visa 1248.20-Conference Expenses 40.00-Electrical Permit 606.18-Computer Monitors 25.42-Fuel 51.86-Office Supplies 525.81-Field Supplies 259.33-Volunteer Event Supplies 37.67-Local Business Meeting Expense 2446 84.44 West Coast Rebar Company Rebar 2447 889.18 Whitmore, Johnson&Bolanos Legal Services 2448 102.05 Michael Williams Vehicle Expense 2449 97.79 Wolf Camera Photo Processing 2450 91.11 Del Woods Reimbursement--Software 2451 200.00 Woodside& Portola Private Patrol Windy Hill Gate Security 2452 156.98 Lisa Zadek Vehicle Expense 2453R 93.61 Costco Wholesale Field Supplies 2454R 244.68 Gardenland Power Equipment Field Supplies 2455R 65.00 Kathleen Hart Reimbursement--Photo Processing 2456R 1,419.69 Home Depot Field Supplies 2457R 23,224.74 Travis Jensen Special Compensation 2458R 30.17 Kinko's Office Supplies 2459R 407.76 Office Depot Office Supplies 2460R 874.99 Orchard Supply Hardware Field Supplie s 2461R 65.72 Peninsula Blueprint Photo Processing 2462R 3,000.00 Reserve Account Postage 2463R 3,374.75 Saratoga Springs Employee Appreciation Event 2000 2464R 50.00 Silvan/Indentix Fingerprint Notary Fingerprinting-J. Preciado 2465R 300.00 Roberta Wolfe Recording Services 2466R 269.20 Petty Cash Local Business Meeting Expense, Photo Processing, Nature Center Expense, Vehicle Expense, Uniform Expense, Field and Office Supplies 143,090.58 Total Page 3 Claims No. 00-15 Meeting 00-24 Date: Sept. 13, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description *1 Urgent Check Issued August 22, 2000 *2 Urgent Check Issued August 31, 2000 *3 Urgent Check Issued August 21, 2000 *4 Urgent Check Issued August 29, 2000 *5 Urgent Check Issued August 22, 2000 *6 Urgent Check Issued August 31, 2000 *7 Urgent Check Issued August 31, 2000 *8 Urgent Check Issued August 31, 2000 *9 Urgent Check Issued August 10, 2000 *10 Urgent Check Issued August 31, 2000 *11 Urgent Check Issued August 31, 2000 *12 Urgent Check Issued August 22, 2000 *13 Urgent Check Issued September 8, 2000 *14 Urgent Check Issued August 31, 2000 *15 Urgent Check Issued August 31, 2000 Page 4 Claims No. 00-15 Meeting 00-24 Date: Sept. 13, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2335 1,640.22 Acme&Sons Sanitation Sanitation Services 2336 134.41 ADT Security Services Alarm Service 2337 1,950.28 All Chemical Disposal, Inc. Hazardous Waste Disposal/BCR Preserve 2338 700.00 *1 American Trails Conference--M. Newburn&D. Danielson 2339 3,000.00 Appraisal Research Corporation Appraisal Services 2340 1,038.09 Arne' Sign&Decal Co., Inc. Decals 2341 24.61 AT&T Telephone Service 2342 104.30 A Tool Shed Rentals Equipment Rental 2343 62.50 Gordon Baillie Reimbursement--Professional Dues 2344 355.46 Barron Park Supply Co. Field Supplies 2345 197.80 Bay Area Air Quality Management District Permit&Fees-Demolition Project-BCR 2346 3,201.20 BNY Western Trust Company Note Paying Agent Fees-1999 Rev. Bonds 2347 294.44 Beck's Shoes Uniform Boots 2348 146.50 Bill's Towing &Recovery Towing Services 2349 883.28 Biotic Resources Group Sierra Azul Vegetation Inventory 2350 98.07 Browning-Ferris Industries Garbage Service 2351 403.95 California Water Service Water Service 2352 115.00 CalEppc Symposium 2000 Exotic Plant Symposium-J. Isaacs 2353 102.09 Camino Medical Group Medical Services 2354 247.78 Cascade Fire Equipment Company Field Supplies 2355 231.68 Cole Supply Co., Inc. Janitorial Supplies 2356 399.00 CompuMaster Computer Class-G. Baillie 2357 1,490.23 Compurun Network System Management Consultant 2358 73.42 Bunny Congdon Reimbursement--Staff Event Supplies 2359 32.48 *2 Contemporary Engraving Engraving Services 2360 245.00 *3 Betsy Crowder Reim-Conference-National Land Trust 2361 100.00 Jim Davis Automotive Vehicle Smog Checks 2362 1,608.55 Eccles Engineering Rancho San Antonio-P G&E Trail Work 2363 34.00 Emergency Vehicle Systems Vehicle Light Repair 2364 1,868.94 Environmental Science Associates Krone Bishop Property/Neg Dec Consultant 2365 6,401.31 Farrelle Communications 7 Radios and Chargers 2366 108.14 Federal Express Federal Express Mail 2367 536.97 Film To Frame Film and Film Processing 2368 69.93 Tom Fischer Reimbursement--Supplies 2369 664.96 Foster Brothers Locks and Keys 2370 100.00 Matt Freeman Reimbursement--Professional Dues 2371 55.21 G&K Services Shop Towel Service 2372 179.06 GreenInfo Network Display Maps 2373 115.52 Guy Plumbing&Heating Inc. Enterprise Plumbing Repairs 2374 12,933.71 Harbor Printing Fall Newsletter and Hikes&Walks Printing 2375 1,119.00 HMH, Incorporated Density Analysis Testing 2376 573.31 Home Depot Field Supplies 2377 16.86 Hyster Sales Company Equipment Part 2378 318.80 Interstate Traffic Control Field Supplies 2379 442.01 Jodi Isaacs Vehicle Expense 2380 28.00 Jobs Available Subscription 2381 4,834.58 *4 Dirk A. Kabcenell Windy Hill Trail Relocation Deposit 2382 831.41 Kinko's Printing Services Page 1 Claims No. 00-15 Meeting 00-24 Date: Sept. 13, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2383 135.31 Keeble&Shuchat Photography Recognition Event Prints 2384 935.20 *5 Lanier Worldwide, Inc. Copier Lease Agreement 2385 135.70 *6 Lanier Worldwide, Inc. Copier Meter Usage 2386 200.00 Los Angeles County Parks&Recreation Conference-J. Escobar&G. Baillie 2387 336.22 Los Altos Garbage Company Garbage Service 2388 447.61 *7 Lucent Technologies Telephone Lease Installment Payment 2389 166.82 *8 MCI Long Distance Phone Service 2390 604.90 MetroMobileCommunications Radio Maintenance&Repairs 2391 900.00 Micro Accounting Solutions Computer Consultant 2392 674.53 Moffett Supply Company Janitorial Supplies 2393 140.00 Mountain View Optometry Medical Services 2394 4,000.00 *9 Navarone Industries, Inc. Newsletter Mailing Service Deposit 2395 2,093.64 National Fire Fighter Corp. Fire Pumper Accessories 2396 200.00 National Safety Council Membership Renewal 2397 1,562.74 North American Title Company Title&Escrow Services 2398 910.32 Office Depot Office Supplies 2399 342.04 Office Helper Office Supplies 2400 1,639.00 Old Republic Title Company Escrow&Title Insurance 2401 794.22 Orchard Supply Company Field Supplies 2402 188.98 Pacific Bell Telephone Service 2403 1,140.29 *10 Pacific Bell Telephone Service 2404 1,333.21 PIP Printing Printing Services 2405 255.64 *11 Pitney Bowes, Inc. Mailing Machine Services 2406 122.12 Precision Engravers, Inc. Name Tag Engraving 2407 141.98 Pringle Tractor Co. Tractor Supplies 2408 59.54 Pro-Flame Propane Tank Rental 2409 25.46 Rancho Hardware Field Supplies 2410 72.26 Rayne Water Conditioning Water Service 2411 41.17 The Recorder Subscription 2412 157.55 Redwood General Tire Co., Inc. Tire Replacement 2413 83.60 Regal Dodge, Inc. Vehicle Lights 2414 1,543.80 Eric Remington Wildlife Assessment Services 2415 85.65 Royal Brass, Inc. Equipment Parts 2416 4,389.09 Roy's Repair Service Vehicle Maintenance&Repairs 2417 56.78 Ana Ruiz Vehicle Expense 2418 136.71 R. V. Cloud Equipment Repair Parts 2419 97.43 David Sanguinetti Reimbursement--Rescue Supplies 2420 686.03 Santa Clara County Dept. of Environmental Health Hazardous Waste Disposal--BCR 2421 753.00 San Jose State Univ. Admin. Of Justice Bureau Supervisory Training--J. Kowaleski, B. Downing and B. Malone i 2422 653.00 Santa Rosa Junior College Ranger Academy--S. Anderson-Minshall 2423 80.00 *12 Secretary of State Notary Public Exam-L. Zadek&J. Preciado 2424 160.00 Sequoia Analytical Water Testing 2425 66.53 Shell Fuel 2426 361.36 Signs of the Times Signs 2427 50.00 *13 Silvan/Identix Fingerprint Centers Notary Public Fingerprinting Services 2428 52.40 Skywood Trading Post Fuel 2429 255.00 Malcolm Smith Public Affairs Consultant-News Release Page 2 Claims No. 00-15 Meeting 00-24 Date: Sept. 13, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2430 44.00 Stanford University Fingerprinting Services 2431 337.76 Stevens Creek Dodge Vehicle Maintenance&Repairs 2432 3,200.00 Swanson Hydrology&Geomorphology Hydrologic Assessment-Sierra Azul 2433 247.90 Summit Uniforms Uniforms 2434 684.89 Tires on the Go Tire Balancing and Tires 2435 1,509.00 *14 TKO Construction Final Retainage-BCR Demolition Project 2436 9,860.20 2M Associates District Annexation Study Consultants 2437 129.00 Terminix Pest Control Services 2438 240.00 Therma Corp. HVAC Maintenance--Distel Bldg. 2439 27.76 Turf&Industrial Equipment Co. Tractor Supplies 2440 2,284.00 Underwood&Rosenblum, Inc. Topographic Survey-Rancho PG&E Road 2441 3,591.43 United Rentals Equipment Rental 2442 173.00 Verio/Best Internet Internet Domain Fees 2443 225.00 Verio Internet Provider Monthly Fees 2444 36.34 Verizon Wireless Pager Service 2445 2,794.47 *15 Visa 1248.20-Conference Expenses 40.00-Electrical Permit 606.18-Computer Monitors 25.42-Fuel 51.86-Office Supplies 525.8 1-Field Supplies 259.33-Volunteer Event Supplies 37.67-Local Business Meeting Expense 2446 84.44 West Coast Rebar Company Rebar 2447 889.18 Whitmore, Johnson&Bolanos Legal Services 2448 102.05 Michael Williams Vehicle Expense 2449 97.79 Wolf Camera Photo Processing 2450 91.11 Del Woods Reimbursement--Software 2451 200.00 Woodside&Portola Private Patrol Windy Hill Gate Security 2452 156.98 Lisa Zadek Vehicle Expense *1 Urgent Check Issued August 22, 2000 *2 Urgent Check Issued August 31, 2000 *3 Urgent Check Issued August 21, 2000 *4 Urgent Check Issued August 29, 2000 *5 Urgent Check Issued August 22, 2000 *6 Urgent Check Issued August 31, 2000 *7 Urgent Check Issued August 31, 2000 *8 Urgent Check Issued August 31, 2000 *9 Urgent Check Issued August 10, 2000 *10 Urgent Check Issued August 31, 2000 *11 Urgent Check Issued August 31, 2000 *12 Urgent Check Issued August 22, 2000 *13 Urgent Check Issued September 8, 2000 *14 Urgent Check Issued August 31, 2000 *15 Urgent Check Issued August 31, 2000 Total 106,385.19 Page 3 000a ��t ��s 5' �� �� d .2bnoarrv� aaz� 3 g° �G � �» � �r�o�oa�n¢ �° ?�0� �1 a1 �#?W12 �? Carolyn Chaney, Ed. D. 313 Lakeview Way Redwood City, CA 94062 q� Board of Directors of the Midpeninsula Regional Open Space District +o 330 Distel Circle Los Altos, CA 94022-1404 Dear Directors, Since becoming a trail patrol volunteer in 1997, I have hiked 4 hours per week in Pulgas Ridge Open Space Preserve, logging over 700 hours. I love this preserve: the oak covered Blue Oak Trail, the coyotes yipping in spring, the off-leash area (which my dog Kinko rates as four paws), and the magnificent column of large eucalyptus trees along the ridgeline,beside the road up to the Polly Geraci Trail. Several years ago I found several of these trees missing from their column, and I learned of Jodi Isaacs' active plan to remove the trees. Inquiries at the San Mateo County Planning Department revealed that no permit had been requested to cut the trees, so the tree cutting was deferred at the request of the county. I believe that a community meeting was held (to which I was not invited), and neighbors expressed a desire to keep the trees along the ridgeline, and that cutting take place slowly, over a number of years. I understand that Jodi Isaacs agreed to these conditions. However, since that time, there have been additional attempts to cut the large trees along the ridgeline. About a year ago, I received a letter telling me that they would be clear cut so that they could be used for paper pulp. Now I am an environmentalist, and I approve of recycling whenever possible. But clear cutting those gigantic trees does not seem right to me. Another trip to the county planning department revealed that the agreement not to clear cut had not been altered, so the county once again intervened, and the large trees were left, while smaller trees and brush were removed. Now I have received another notice that the trees are to be cut. Jodi Isaacs says that thirty of the large trees will be selectively removed but not clear cut. Pardon me, but removal of thirty trees i5 clear cutting...I must count the trees on my next trip,but I am sure that there are not more than thirty large trees along the road. I ask you to hold to the agreement to not cut the largest trees along the road/ridgeline. They are beautiful old trees that provide glorious shade to walkers in the summer. I do not object to removal of all the smaller trees and eucalyptus debris that would hinder growth of native species, but the largest trees do not take up space needed by native species, as they are planted right next to the road. If you have not visited Pulgas Ridge recently, please walk up and see these lovely trees before you authorize their removal. Do not be persuaded that removal of thirty old- growth trees, even if they are the dreaded eucalyptus, is a preservation plan. In case you are unable to see the trees for yourself, I enclose a photograph. Try to imagine walking in the heat of a summer day without the shade they provide. Thank you for listening. �� , t Sincerely, cc.Jodi Isaacs Carolyn Chaney MIDPENINSULA REGIONAL OPEN spt'' p�c,TR;G? Thursday, September 7, 2000 C W MROSD 330 Distel Circle Los Altos, CA 94022-1404 J MIUPENINSU r~ REGIuNAL OPEN Re: Pulgas Ridge OSP Eucalyptus tree removal SP4 CE CIS Ric' Dear MROSD: I usually consider Eucalyptus trees little more than a weed from both environmental and general aesthetic standpoints. I am glad that they were greatly thinned at Rancho San Antonio OSP, for instance. I believe they should be removed from most locations. But there are exceptions to every rule, and the Eucalyptus trees at Pulgas Ridge are such an exception. What makes the Eucalyptus trees on the ridgeline at Pulgas Ridge worth keeping is that they block much of the view of nearby suburbia. They used to completely block the view of nearby homes in San Carlos, but your previous Eucalyptus thinning unfortunately opened things up too much. Now instead of having the feel of being completely in an outdoor setting, with "room to breathe" (to use a former MROSD phrase), users are more aware of all of the homes and condos on the adjacent hill. Now it feels, when walking on the upper Hassler Trail, more like being in the middle of a large city park than in an outdoor setting. It would be sad if this place were made to feel even less remote through the removal of any more Eucalyptus trees along the ridgeline. One needs only to look at the adjacent Benedetti property to see what the ridges of Pulgas Ridge would naturally look like. There are no oaks or madrones there except in the canyon bottoms. The rest of that property is covered in ugly sun-baked scrub bushes. Is that what we really want Pulgas Ridge to look like? With trails on treeless hills that look straight at a bunch of housing? I hope not. Therefore I am requesting that you leave all of the few remaining Eucalyptus trees on the upper part of the Pulgas Ridge OSP. The Eucalyptus in the canyon bottoms, by contrast, can and probably should be removed. I also find the three or four Liquid Amber trees at Pulgas Ridge to be quite attractive. (I never find Eucalyptus trees attractive, just useful on rare occasions such as this.) The Liquid Ambers do not seem to be spreading, unlike those awful Acacias that you thankfully removed, so hopefully these can remain as well. Sincerely, Thomas R. Williams 400 Davey Glen Rd. #4403 Belmont, CA 94002-2115 P.S. —Thank you for establishing a few preserves upon which bicycles are not allowed. I Regional Open S g A p MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: J. Escobar,Assistant General Manager Date: September 13,2000 Re: FYIs 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 Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 29,2000 Mr. Stan Williams,General Manager Santa Clara Valley Water District 5750 Almaden Expressway San Jose,California 95 1 1 8-3686 Dear Mr. Williams: Thank you for a thorough and compelling presentation to the Midpeninsula Regional Open Space District(MROSD) Board of Directors regarding the Water District's Clean, Safe Creeks and Flood Protection special tax measure, slated to appear on this November's ballot. On behalf of the District Board of Directors, I am pleased to inform you that Resolution Number 00-50, in support of the ballot measure was passed and adopted by the Board on August 9. Enclosed, please find a copy of the resolution. Board members expressed particular endorsement of the elements of the measure emphasizing acquisition of watershed lands, restoration of riparian habitats, and new trail construction. As you will note, Midpeninsula Regional Open Space District staff and Board members are eager to see the Water District undertake new projects to enhance and ensure natural flood protection. In this regard, we are enthusiastic about the possibilities of innovative programs the Water District may implement with new tax revenue. Water District endeavors to prevent flooding through acquisition of open space, would, of course, complement our mission, and, on that basis we wish the Water District success on November 7. 1 value the relationship between our agencies, and look forward to opportunities to cooperate on rojects of mutual interest in the future. est wishes, L. Craig ntton General Manager LCB/shj cc: MROSD Board members Enclosure: Resolution Number 00-50 f Regional Open *ce • 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 30,2000 Governor Gray Davis State Capitol Building Sacramento,California 95814 Dear Governor Davis: As General Manager of the Midpeninsula Regional Open Space District, I respectfully request your veto on Senate Bill 402: Resolution of Collective Bargaining Disputes with Police and Fire Employees. This proposed legislation was ostensibly written to mandate a system of binding arbitration for the resolution of economic collective bargaining disputes with police and fire employees. However, the legislation, as written,would apply to employees of districts like ours and county park departments, who have a limited scope of law enforcement duties and responsibilities. The District field workforce (including rangers, open space technicians, and mechanic/equipment operators) is currently organized as one miscellaneous bargaining unit that works closely with unrepresented staff. The proposed legislation could force the creation of additional bargaining units, and would be divisive to our relatively small staff. Perhaps the authors of SB 402 did not realize the net cast by this bill would encompass public safety employees with more specialized enforcement jobs, organized in a variety of bargaining unit types. Consequently, the effects of this legislation upon the Midpeninsula Regional Open Space District and other open space or park districts in California could unduly undermine working relationships. Furthermore, this bill would effectively usurp the decision-making authority of the District's elected Board of Directors by enabling unelected arbitrators to mandate budget allocations and priorities. One approach that respects the will of the electorate occurs when local jurisdictions seek direct approval of the voters for binding arbitration proposals like this one. Due to the strong likelihood of a destructive impact upon the District and other agencies' workforces,and the effective undermining of decision-making authority from the publicly elected Boar Directors to arbitrators, I urge you to veto SB 402. incerely, L. Craig B i ton General Manager LCB/shj cc: MROSD Board of Directors Heim, Noack, Kelly, and Spahn 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 Chairman Gary Hernandez and Members of the Board State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, California 94612 August 23, 2000 Dear Chairman Hernandez and Members of the Board: On behalf of the Midpeninsula Regional Open Space District, I am pleased to write to express our strong support for the Bay Area Open Space Council's grant request for Planning and Partnership Development. The District has been actively involved with the Bay Area Open Space Council since its inception, a decade ago. As a multi-county district, we understand the immense benefit of developing partnerships in pursuit of common goals. The Council has evolved from modest beginnings, initially serving only as an informal networking forum, and today comprehensively working on a wide range of regionally significant issues and challenges. The Open Space Council has effectively enabled approximately 50 federal, state, regional, local, and non-profit land conservation organizations to work together, cooperatively. It has provided a forum for identifying common interests, working through differences, and implementing a consensus agenda. Located as we are in the heart of Silicon Valley, we have experienced the huge inflation of land prices that has resulted from the economic boom of recent years. We are, therefore, particularly cognizant of the urgent need to develop new funding mechanisms for land protection, both regionally, and sub-regionally. Population pressures, combined with the growing desire for outdoor recreational opportunities have also created new land and trail use challenges for open space advocates and managers. The research and partnership work proposed by the Council that is focused on identifying new funding options and increasing networking capability is thus of particular interest to us. I urge your support for this grant. Sincerely, ............... L. Craig Britton General Manager LCB/shj Cc: John Woodbury,Director,Bay Area Open Space Council MROSD Board i 1 i September 3, 2000 Terri Alvillar P.O. Box 1014 Fairfax, CA 94978 415459-7735 Rosieres@aol.com Via Email and First Class Mail Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Re: Lost Donations Dear Members of the Board: Enclosed please find my donation in the amount of$100. I am sending this because it was published that the Western Wheelers have decided to withdraw their annual contribution (in the same amount) because of your "recent negative action on the trails issue." I am one of many who thinks your action was a positive one. Your decision to close seven preserves to mountain bicycling will save taxpayers tens of thousands of dollars in costs for administration, enforcement, trail repair and restoration, signage, and rescue operations for medical aid. The value of your decision in terms of protecting wildlife, and maintaining a tension-free atmosphere for visitors engaging in passive, low-impact activities, is incalculable. Your decision lessens the regional impact for all jurisdictions, as pedestrians who are continually being driven away from areas which allow mountain bicycling seek safe places to enjoy nature. Your courage to make this controversial decision is very much appreciated. If the district loses other contributions for the same reason, I would appreciate being informed so that replacement funding can be provided. Vp-ry yours, p ECM MIDPENINSLULk REGIC)NAE OPEN SP��; C Regional Open - )ace ......................................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 15, 2000 City Council Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Re: Lands of Kerns, 11890 Francemont Court Honorable Council Members: The Midpeninsula Regional Open Space District is concerned about the proposed project located at 11890 Francemont Court which will be considered at your meeting of August 17, 2000. The District's major concern is the visual impact that improvements on this prominent ridgeline will create. The proposed development is located adjacent to the District's Rancho San Antonio Open Space Preserve. The ridgeline is a prominent characteristic which is visible from the Rhus Ridge Trail, and many other areas throughout Los Altos Hills. I have enclosed a photograph and map to illustrate the location. The Los Altos Hills General Plan, dated May 1975, has multiple sections which are intended to protect the open space and ridgelines of Los Altos Hills. The subdivision map for 11890 Francemont Court, approved in 1989, indicates an exception to a conservation easement at the ridgeline. If the intent of the exception to the conservation easement was to allow a home on the upper ridgeline, the subdivision map conflicts with the City's General Plan. However, the General Plan can still be followed while allowing the property owner to build a home on the less visible lower part of the lot. The building site on the lower portion of the property would allow the construction of a house similar to the other houses in the neighborhood, without extending onto the highly visible ridgeline or requiring an exception from road design standards. On behalf of the Midpeninsula Regional Open Space District, I urge the City Council to uphold the General Plan and deny this project application in its current form. In regards to a proposed trail easement between Francemont Court and the Rancho San Antonio Open Space Preserve,joint discussions between the Pathways Committee, applicant and District staff have not occurred, as requested by the Planning Commission. As a general 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:650-691-1200 0 FAX:650-691-0485 e E-mail: mrosd@openspace.org 9 Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz *General Manager:L.Craig Britton Town of Los Altos Hills August 15, 2000 Page 2 practice, the District attempts to provide controlled public access into preserves only at points that are acceptable in terms of environmental impacts and manageability. When a specific proposal is made, District staff can proceed with the assessment. Ultimately, the District's Board of Directors must consider and approve any change proposed to the Preserve's trail system, in accordance with the District's Use and Management Planning Process. 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'. .. ..........:. l { > 4� Duveneck Windmill Pasture Area V i , d R Page 1 of 1 Kristi Webb From: <Rosieres@aol.com> To: <mrosd@openspace.org> Sent: Friday, August 11, 2000 10:34 PM Attach: Why Midpeninsula Regional Open Space District is Closing trails to mountain bikers (forward).eml Subject: Fwd: Why Midpeninsula Regional Open Space District is Closing trails to mountain bikers (forward) Attn: Director Betsy Crowder 8/14/00 Page I of 2 Kristi Webb From: <Rosieres@aol.com> To: <arose@ marin.org>; <fbrigmann@marin.org>; <spetterl@marin.org>; <rmiska@marin.org>; <h brown@ marin.org>; <skin sey@marin.org>; <jkress@marin.org>; <cmurray@marin.org> Sent: Friday, August 11, 2000 10:25 PM Subject: Why Midpeninsula Regional Open Space District is Closing trails to mountain bikers (forward) Date: Friday, August 11, 2000 10:05:08 PM From: alexanderfernandez(-a)-yahoo.com (Alex Fernandez) In case you are having a hard time figuring out why MROSD is closing trails to mountain bikers, let me share my last riding experience at Purissima Redwoods Preserve. After enjoying a juicy downhill on Whitmore Gulch Trail, I was happy and loving life. My day turned sour in a hurry. As I was grinding up Purissima fire road with a friend, another biker came flying around a blind curve (and I mean flying) and completely laid waste to my bike and my body. Adding insult to injury, the bike I was riding was borrowed since mine was in the shop (never again). All I saw and heard was a cloud of dust and OH SHITL Next thing I know I'm checking for broken bones and bike parts. Luckily,and I have no doubt we were both lucky, no serious injuries resulted and we rode off on our mangled bikes to asses the damage (I'm guessing around $250). 1 limped my way to Skyline Blvd and waited there for the rest of my group. While waiting, a biker came by and asked if I'd ever ridden the trails across the street at Huddart Park. I responded by saying that Huddart was a county park and no bikes were allowed (remember this is the same park where illegal trails were built and no doubt had some influence on the MROSD Board). He responded something like "I know, but I've never been caught and with all the other illegal crap going on in the world I can't believe this is considered illegal", and he rode off (I understand his sentiment but that's not the point). As he rode off, the next three riders came up the trail and seeing the first rider head off into Huddart one of them remarked "He'll get nailed for sure. The best time to ride that park is at night in the winter after a nice rain". Hmmmmmmm! I have a hard time believing any amount of rider education will 8/14/00 Page 2 of 2 get any of the previous mentioned bikers to change their ways! I made it back to the car with all my body and bike parts although both were mangled. I also returned with a serious attitude. I used to think irresponsible riders were in the minority, now I believe I was very naive. I love mountain biking and I will continue to ride the preserves, but with the experiences that I have had lately, I believe our days on the trails are numbered. As I sit here writing this , I'm sore, pissed, and not so sure that the Betsy Crowders of this world don't have a legitimate gripe. One month ago I would never have uttered those words! 8/14/00 Page I of I Kristi Webb From: <HJEvers@aol.corn> To: <mrosd@openspace.org> Sent: Wednesday,August 09, 2000 2:32 PM Subject: Guadalupe College Dear Commissioners: re: Guadalupe College and Rangers Tomandall & Kerry Carlson This letter is a long-delayed letter of commendation for the above rangers. Although, according to a Times-Observer article in April 2000, they were disciplined for allegedly violating poilcy, 1, as a citizen of Los Gatos and a neighbor of Guadalupe College, wish to thasnk them profusely for their actions! It seems to me that the general good of citizens' welfare, and concern for our safety, should take precedence to blindly following policy. I am proud of these 2 rangers, that they would go beyond normal procedure to investigate a potentially threatening situation, and take action as necessary. I question the decision of management, when the citizens who indirectily own the MROSD, fly in the face of citizen safety. I thank God that the methamphetamine lab did not explode or cause other environmental and social problems because of the courage, intelligence, and actions of the rangers. I request that a copy of this e-mail be shown to the above-mentioned rangers and inserted into their personnel files. And give my greetings to Pete Siemens. Sincerely, Heidi Evers, M.D. 17800 Foster Road Los Gatos, CA 95030-7109 8/10/00 ROMP-Guide to Passing _ http://www.romp.org/rides/howtopass.htmi A Mountain Biker's Guide to Passing ..... * 1 's This information guide <'< ' > was created to help la off-road cyclists by the Responsible Organized MountainP daler e s R OMP and describes how o hikers t ass e s and d P >< equestrians safely and PY g politely when riding a mountain-bike. While mountain biki ng, please re member that you are part of alarge community t of trail user who must work k together to preserve r e e our open spaces. In the San g P P P Francisco Bay Are a, we are very luck to have so many n Y '>'' trails open tomount mo untain cyclists. The only way we can maintain a an d v l P improve upon this l f P level o access is through g continued rk i.. work with the land owners, other trail e s of e t a users and education of all off-roadcyclists sts on the appropriate >.. trail etiquette. uette. As always, remember tof011 ow the >> IMBA s Rules of h Trail.the a . :::::><:..... Table of Contents »::: ::>::...... to is How to Pass Hikers ::: :::::::::::::r <:<:: <:: • How to Pass Horses/Equestrians • Other References Ho w to Pass Hikers Most people who don't ride bikes have no idea what on `'' your left" means. If you saythis it may actually cause Y Y by 'wivll' >' them to move to the left, causing an accident > ? ; Here are a few steps to follow instead 1. Greeth hiker the e - a simpleY "howdy" or "hi, nic e day HIM ! will do. If you have a bell, ring it once or twice to let them know of you are there. 1 of 3 07/24/2000 6:23 PM i ROMP-Guide to Passing http://www.romp.org/ridesihowtopass.html ...................................... ...................................... ...................................... ...................................... ...................................... 2. Slow down I ow to h about the same speed as the hiker.. Failure t n o do so can cause them topanic and d consider writing 1 f t a letter o complaintwhomever to g owns theland r ad you are riding n Y g o . 3. If the trail i too narrow for h s o o both you and the hiker, e , then t o you mutt n yield h s so and edt trail them. I Y P Y the to f the wave n you o you m h a o ahead. Y Y Y Yg You ma y wish to decline and insist st that the y Pass , claiming g that ourkne e has been bothering You anyway, and chat at about the floran fauna and au a you've observed. Our sport ort needs all the friends it can get. 4 If r r you are approaching from behind, n h hiker e dadte e Y PP g , appearsP the middle confused and stops in h mi 1 trail,the t e a then you should stopn politely m and o to say something like P Y Y g Pardon me, ma y I pass on your le ft . Small children n elderly e and e de people may not know Y P 0 P Y how h around to behave a ou d cyclists, so be polite . Consider buying a bell compact models n Y g P act odes can be found in most bike shops fairly cheaply. These little gadgets help hikers, walkers, and runn ers know that you're a considerate bicyclist,de ate b e i t, and d there r e e s talk g of making bells required on some trails. :.; A ain, don't ever Pass some one on foot athi h speed. How would like 0 ou d you i t if r drove e t a car doe past you on our Y P Y bike at high speed Just inches awa y . Most hikers really don't like this sensation,, and some become truly panicked ed an d upset. > '> How to Pass Horses/Equestrians Rocketing past a horse is a really bad id ea, because they are easy to startle and may throw their riders, causing injury or or death. Mountain-bike riders, equestrians, an d horses are at risk of physical harm to these enc ounters, , and it is of extreme importance that mountain-bikers be <`> c l r careful around nn d horses. Here are a few steps to follow when passing equestrians 1 r h - G Greet t equestrian n h r e e uest a and the horse howdy", "hi, 9 Y nice day or m what a beautiful horse", f Y fur o 2 of 3 07/24/2000 6:23 PM ROMP-Guide to Passing hup://www.romp.org/rides/howtopass.htmi example. If you have a bell ringing it probably won't P g Y g P Y hurt but P you should also speak, so that the horse Y knows you are a human and not a predator. 0 Y This is especially important when approaching a horse from behind, because horses spook more e easily in this situati on.on 2 Ask he equestrian for instructions on how to ass - s t u o 9 P i m n for to completelyand t a be ecessa o you to s Y necessary Y P 1 h horse depending n the width and et the o se ass deed o P P S condition of the trail. 3 Pass slowl and steadily, but only after the Y Y equestrian Ives you the o-ahead. Sudden ues Y g 9 g movements n k horse. o e a is can spook a o P Everyrail user i another nature lover and potential t s s friend f multi-use.e d o References h Otr e ><> Some of the above information came from the following>' articles o omountain-bikers,n h w hikers and horses can <� co-exist on trails, from IMBA ssiteon Soft Cy cla and > ' Bic cle Mana ement-Princi les And Policies : X P Eques rians AndCyclists: Can We Get Along? Communicate When Passin Bikesn Horses: A f rSharing, Clemson ad Case o University Finally, You may wish to Bill Boles humor ous perspective. ective. :............................._.. 3 of 3 07/24/2000 6:23 PM INTEROFFICE MEMORANDUM August 23, 2000 TO: C. Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month July Year 2000 VIOLATIONS CITES TOTALS CRIMES CITES TOTALS Bicycles Minor possession alcohol 2 2 Closed area 9 9 Speed 3 13 Helmet 3 19 ACCIDENTSANCIDENTS TOTALS Night-riding 0 0 Bicycle accident 2 Unsafe operation 0 0 Bicycle (2) vs. equestrian 1 Dogs Jogger 1 Prohibited area 1 4 Search & Rescue 3 Off-leash 6 11 Vehicle 1 Off-road vehicles 0 0 Other first-aid 1 Closed area 0 2 Landing Zone air evac 1 After hours 0 9 Fishing 0 0 ENFORCEMENT Vandalism 0 10 Parking citations 8 Parking 4 11 Other citations 24 Parking after hours 4 22 Written warnings 64 Dumping/littering 0 0 Arrests I Campfires 0 0 Police assistance 1 Camping 0 0 Weapons Actual contact 0 0 MUTUAL AID Report only 0 0 Fire 2 Evidence of 0 0 Accident (car vs. bike) 1 Bikes wrong-way 0 2 Law Enforcement 3 Landing Zone for off-site 1 SUMMARIES OF SIGNIFICANT INCIDENTS July 1 On Page Mill Road 1/2 mile east of Skyline a woman, who had been a passenger in a car, flagged down W. Phillips. She said she was afraid of the driver, who was driving too fast. She also said she was sick. The ranger separated the driver and the woman. Palo Alto Police responded and transported the woman. July 1 L. Paterson came upon what appeared to be a disabled vehicle stopped on Hwy 35. Upon being asked if she needed assistance, the driver drove away. A man, who had been nearby, then approached the ranger, and said that he had been a passenger in the car and that there had been a domestic dispute. Shortly afterwards CDF responded to a report of a male down in the roadway. However, the subject left stating that the did not want to have contact with the police. July 2 A stray cow was discovered on Lower Canyon Trail at Monte Bello OSP. The owner was located several days later. The Red Angus was discovered again approximately a week later standing on Hwy 35, and again was removed by the owner. B. Downing, S. Anderson- Minshall. July 3 A transient was reported camping and hiding in El Serena OSP. K. Miller and a Santa Clara County Deputy Sheriff responded and located the woman, who was lying in the creek in a sleeping bag. She was taken into custody for a 72-hour at-risk hold. July 10 An anonymous call was received at the main office regarding a subject, described as a "hot head," who was illegally cutting firewood on Tunitas Creek Road at Star Hill. Two subjects were found in the area. Upon seeing the rangers, one subject began mimicking a heel-to-toe field sobriety-check walk and the other, who was chainsawing, began swearing and shouting at the rangers. All of this occurred before the rangers had a chance to talk with the individuals. SMSO was called, and sheriffs deputies informed staff that they have had a number of contacts with the subjects. The wood-cutting was not occurring on District lands. July 12 Two juveniles were contacted after hours in the parking lot at Skyline Ridge OSP. Neither boy had a drivers' license and one stated he had taken his uncle's car without permission. The parents of one boy responded and collected both boys. B. Malone. July 16 A man was riding his horse in Fremont Older when two bikes approached from behind at an estimated speed of 30 mph. The horse spooked, spun around, and the rider sustained a serious whiplash injury. K. Miller. July 22 A bicyclist, who stated that he liked to "catch air on bumps," was speeding and locked his brakes while airborne. He crashed upon landing, and was transported to Los Gatos, Community Hospital for treatment of his injuries. T. Lausten, Los Gatos rangers, County Fire and paramedics. July Vandalism: I A sign at Stevens Creek Nature Study Area was tagged with graffiti. 2 A rail was broken in two at Ravenswood parking lot. 5 A lock on a gate in Sierra Azul was damaged and there was a bullet hole through a sign. 12 A map box was broken at Russian Ridge. 13 A fence was cut next to a gate in Bear Creek and beer bottles were left in the area. 16 A gate chain and fence were cut in Rancho de Guadalupe. 18 Fences were cut in two places at St. Joseph's Hill. 22 A lock was jammed at a gate in the Cathedral Oaks area of Sierra Azul. 22 A sign at La Honda Creek had the "No" scratched out on "No dogs and No bikes." 23 "No Bikes" signs were taken from both ends of a trail at Los Trancos. Chairman Gary Hernandez and Members of the Board State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, California 94612 August 23, 2000 Dear Chairman Hernandez and Members of the Board: On behalf of the Midpeninsula Regional Open Space District, I am pleased to write to express our strong support for the Bay Area Open Space Council's grant request for Planning and Partnership Development. The District has been actively involved with the Bay Area Open Space Council since its inception, a decade ago. As a multi-county district, we understand the immense benefit of developing partnerships in pursuit of common goals. The Council has evolved from modest beginnings, initially serving only as an informal networking forum, and today comprehensively working on a wide range of regionally significant issues and challenges. The Open Space Council has effectively enabled approximately 50 federal, state, regional, local, and non-profit land conservation organizations to work together, cooperatively. It has provided a forum for identifying common interests, working through differences, and implementing a consensus agenda. Located as we are in the heart of Silicon Valley, we have experienced the huge inflation of land prices that has resulted from the economic boom of recent years. We are, therefore, particularly cognizant of the urgent need to develop new funding mechanisms for land protection, both regionally, and sub-regionally. Population pressures, combined with the growing desire for outdoor recreational opportunitiesg p have also created new land and trail use challenges for open space advocates and managers. The research and partnership work proposed by the Council that is focused on identifying new funding options and increasing networking capability is thus of particular interest to us. I urge your support for this grant. Sincerely, L. Craig Britton General Manager LCB/shj Cc: John Woodbury,Director,Bay Area Open Space Council MROSD Board Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: J. Escobar,Assistant General Manage Date: September S,2000 Re: FYIs 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 Regional Open - lace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 7, 2000 Dr. Mary Hufty 257 Mapache Drive Portola Valley, CA 94028 Subject: Use Designation of Sausal Trail at Windy Mill Open Space Preserve Dear Dr. Hufty, As a follow up to our telephone conversation regarding the trail use designation of Sausal Trail, I wanted to clarify several items. The District temporarily closes all newly constructed trails to all but hikers for a period of at least a year to allow the trail tread to stabilize. The trail, therefore, remained temporarily open to hiking only beginning in the spring of 1999 when the District first opened Sausal Trail to the public. Staff followed up a year later at a public meeting in January of 2000 with a recommendation on the use designation of Sausal Trail to the Board of Directors. At that meeting, the Board of Directors chose to table the item until the Kabcenell driveway(and bridge) construction project is completed. No decision, therefore, has yet been made on the use designation of Sausal Trail. Staff will return with a recommendation on the use designation of Sausal Trail to the Board of Directors at a public meeting once the Kabcenell project is completed, since their construction project will ultimately result in several modifications to the existing access and circulation patterns of the preserve. The new driveway will lead to the realignment of two existing trails and the reconfiguration of the preserve entrance near the Willowbrook Drive/Alpine Road intersection. Waiting until the driveway construction project is completed will provide District staff with an opportunity to evaluate the trail system at Windy Hill Open Space Preserve as a whole. To date, one trail realignment project has already been completed: approximately 300 feet of trail between Spring Ridge Trail and a section of the Town trail that is located on The Sequoias property. The remaining modifications will not occur until the new Kabcenell driveway alignment is fully completed. Meanwhile, Sausal Trail will continue to remain 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 temporarily closed to all but hikers. By policy, formal action by the Board of Directors is required to designate trail use for anything other than hiking use. District staff anticipates that the driveway project will be completed near the end of this calendar year. Soon after completion, please expect a notice from the District for the public meeting to address the trail use designation of Sausal Trail. I will confirm that your name is included on the District's mailing list. If you have any additional questions please contact Ana Ruiz, Planning Technician, or David Sanguinetti, Skyline Area Superintendent, at (650) 691-1200. Sincerely, Michael C. Williams Real Property Representative cc: L. Craig Britton, General Manager John Escobar, Assistant General Manager David Sanguinetti, Acting Operations Manager Ana Ruiz, Planning Technician LCB:AR:MCW Regiont-11 Open *Ice AA-4 Nil DI ENINSULA REGIONAL OPEN SPACE DISIRK L August 11, 2000 Sarah Tilton Fries 135 Farm Road Woodside, CA 84062 Dear Mrs. Fries, In your recent letter to the Board you inquired bout the use designation of Sausal Trail at Windy Ilill Open Space Preserve. As you know, at a public meeting in January of this year, the Board action on the use designation of Sausal 'Trail until District staff of Directors chose to table any g is able to comprel►ensively evaluate the trail system in the northern half of the preserve. Such a thorough evaluation can only occur once the current Kabceuell driveway (and bridge) construction project is completed, since the project will ultimately result in several modlficat►ons to theexisliu access and circulation patterns of the preserve. The Kabceuell ' g ac.c.c. I project will lead to the realignment of two existing trails and the reconfiguration of the preserve entrance near the Willowbrook Drive/Alpine Road intersection. To date, one trail realignment project has already been completed: approximately 300 feet of trail between Spring Ridge Trail and a section of the Town trail that is located on "file Sequoias property. The remaining modifications will not occur until the new Kabcenell driveway alignment is fully completed. Meanwhile, Sausal 'frail will continue to remain temporarily closed to all but hikers. By policy, formal action by the Board of Directors is required to designate trail use for anything other than hiking use. District staff anticipates that the driveway project will be completed near (lie end of this calendar year. At its August 9, 2000 meeting, the Board decided to continue to the meeting of September 27, 2000, the item proposing to amend the Use and Management Plan for Windy (Lill Open Space Preserve to open Sausal Trail for equestrian use. If you have any additional questions, please contact Ana Ruiz, Planning Technician, or David Sanguinetti, Skyline Area Superintendent, at (650) 691-1200. Shicercly, L. Craig Britton General Manager cc: MROSD Board of Directors John Escobar, Assistant General manager David Sanguinetlti, Acting Operations Manager Ana Ruiz, Planning 'Technician Dr. Mary Ilufty 330 Dislel Circle • Los Altos,CA 94022-1404 I'lume:650-691-1200 I AX:650-691-04115 • E-mail: Well site:www.ollensllace.ol k Board o(L)Irecfors:Pete Slelllens,Mary C.I)avey,led(,yr,1)eane Little,Nonelle I tanko,Helsy Crowder,Kevmelh C.Nitz • Grnr,.0 ALoyagrr:L 0ail;IS,W',n SARAII TILTON FRIES 135 Farm Road Woodside California 94062 D Members of the Board Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA, 94022 I 'OPEN_�;SULA REGIONAL OPEN - --- . STRICT To the Members of the Hoard: We truly want to congratulate you for a courageous decision in the face of very vocal opposition at your meeting on July 12`h. I am strongly in favor of separating trail user groups whose needs and values are very different. Your decision to close some trails to bicycles was a step in that direction. However, I would not oppose having some trails dedicated to bicycle use only or some specific days or times set aside for bicycle use. Unfortunately, the cyclists seem to have little understanding of how their enjoyment of the trails limits that of other users. The following evening I had the opportunity to hear the much larger ap-nda which the cyclists are actively proposing. I had been invited to present the equestrian perspective at a panel on trail access sponsored by the local Green Party for their members. Other panelists included a ranger from the San Mateo County Parks Department, a member of your own P.R. staff, and the President of ROMP (Responsible Organized Mountain Peddlers), Ron Brown. Mr. Brown gave a well prepared presentation with multiple overheads and some questionable data. His organization proposes that all trails be open to all users but they place the highest priority on access to the narrow winding trails. He could not comprehend the anxiety that would be experienced by a hiker or equestrian on these trails with short sight lines when they might be confronted by a downhill cyclist around a blind curve with no space to maneuver. Were such a policy adopted, these groups would largely cease using those trails. This agenda is one I would oppose as a Public Health professional; the likelihood of serious accident needs no continent. Again thank you so very much for a decision which is true to the mission of the Open Space District: Preset ving the land first and allowing use which is consistent with preservation. Sincerely, Sarah Tilton Fries P.S. When will the Sausal Trail on Windy Ilill have a permanent designation and hopefully be open to equestrians. The decision has been hanging since February and is particularly critical now with a number of the other trails closed for construction. Artemis Volunteers PO Box 60422,Palo Alto,CA 94306 650-568-7946 info@artemisvol.org August 6, 2000 Attn: Paul McKowan, Volunteer Coordinator Mid-Peninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Paul, I Thank you for letting Artemis Volunteers participate at the boundary fence building project at Los Trancos Open Space on August 5th. Please thank Brendon for me. He did a wonderful job instructing the group and it was a pleasure to work with him. I appreciate the hard work he put in to make sure the project was a success and I appreciate his attention to detail. It was also nice to work with Ananuscha again. I appreciate her guidance and her dedication. We appreciate the worthwhile work that Mid-Peninsula Regional Open Space District does and look forward to working with you again in the future. Sincerely, i Karen Wecker Artemis Volunteers Project Coordinator I WE r- AUG 8 200" MIOPENINSULA REGIONAL OPEN SPACE DISTRICT A Lesbian Community Service Organization A August 29 2000 � � i G lam, a Board of Directors DD ! E C' �� M �cMidpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 L MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dear Members of the Board, Although I live in Marin County I have been following MROSD's activities regarding the banning of mountain bikes from a small percent of its trails with great interest. As a hiker for more than 36 years, and a Sierra Club hiking leader for a good many of those, I feel wounded to the heart that land managers for the Marin County Open Space District, Mt. Tamalpais State Park, Marin Municipal Water District, and the Golden Gate National Recreation Area have been so steadfast in their support for the sport of mountain biking. For years cyclists here have stridently demanded access to every area, fire road and footpath, aggressively campaigned to build new trails on unmarred land, illegally constructed trails for their own use, repeatedly trespassed on private property, threatened property owners and other trail users, vandalized park and private property, and ridden their bicycles off trail until some areas are now crisscrossed with numerous stretches of crushed vegetation and fire tracks. When confronted with objections from other trail users cyclists response has been the same; their demands must be acceded to because of their need for a "quality experience." When confronted with the question of other park users' need for a quality experience, cyclists invariably demonstrate a complete lack of interest or concern. Like me, many others have found this state of affairs so deeply saddening that they visit the parks and open spaces much less often. Some areas, like China Camp, have been so thoroughly overrun by speeding bicycle traffic that they have been deserted by those who formerly enjoyed them on foot or horseback. To address hikers' and equestrians' need for a quality experience, and to protect the land from the damage caused by bicycles, land managers here have instituted regulations, posted signs restricting bicycle traffic, and authorized their personnel to cite violators. The signs have been repeatedly vandalized, the regulations routinely ignored, and law enforcement has been proven woefully inadequate. As boastful cyclists on the internet brazenly advocate law-breaking, mountain bike magazines openly encourage cyclists to engage in activities officially prohibited in our parks and open spaces; speeding, stunt riding, aerobatics, racing, and cross-country travel - activities otherwise known as "shredding" trails. Only last week, on the Cascade Fire Road outside the town of Fairfax, a speeding cyclist who chose to indulge herself in such a manner lost control and crashed, sustaining injuries that required her evacuation to hospital by helicopter. Yet, in the face of this mounting evidence federal, state, and county land managers in Marin County have done nothing to effectively remedy the situation; the land remains unprotected and those who come to enjoy nature for it's own sake increasingly disappear. Our parks and open spaces are rapidly becoming dedicated to the exclusive use of those aggressively determined to develop them into velodromes. It is with no small sense of gratitude that I wish to extend to the members of the Board of Directors of MROSD my heartfelt thanks for the courageous stand you have taken to reserve some few small places free of off-road vehicular traffic for those of us who seek a modicum of uninterrupted quiet, an opportunity for spiritual refreshment, and a place for an intimate communion with nature. Your actions bespeak an enlightened understanding of your responsibilities as stewards of the land and your bold determination to live up to them. It is my sincere hope that others similarly entrusted to protect our natural treasures will one day value what you have done, appreciate your wisdom, and find the courage to follow your leadership. Most sincerely, Frank Lurz 309 Todd Way Mill Valley, CA 94941 cc: Ms. Frances M. Brigmann, General Manager Marin County Open Space District Board of Directors Marie Municipal Water District Mr. Brian O'Neill, Superintendent Golden Gate National Recreation Area Mr. Kenneth D. Leigh, District Superintendent California State Parks, Marin District Headquarters 08/30/00 WED 22:54 FAX 4082800418 S.JOSEPH SINITIAN Z 001 County of Santa Clara Office of the Board of Supervisors Ups? 7t1 West Heddingg Street,10th Floor San Jose,CA 95110 (408)299.3540 (659) 965-8737 n Fain (408)280-0418 TDD 993-8272 J;•• '•:Gc- joe.simitian(aboa.co.scl.ca.us ''�'••.. . www.supervisorsimitian.ors ?��{CLit S.Joseph Simitian Supervisor, Fifth District FOR IMMEDIATE RELEASE For More Information, Contact: August 29, 2000 Jamille Moens or John Brazil (408) 299-3540 or (650)965-8737 Santa Clara County Accepts de Anza Trail Easement Dedication Santa Clara County Supervisor Joe Simitian art iounced today that the Board of Supervisors has approved an agreement with Chateau Masson, LLC for a trail easement along the Juan Bautista de Anza National Historic Trail. The trail easement traverses the Mountain Winery property in the unincorporated Count/ adjacent to the City of Saratoga. The agreement provides a commitment for an important link in the planned 1200 mile historic trail. When completed, the trail will.run from Nogales, Arizona to Son Francisco,California. "Although the County wasn't able to require this dedication as a part of the Mountain Winery's recently approved Use Permit,I was pleased to encourage the Mountain Winery's voluntary dedication," said Supervisor Simitian. "I'm grateful for the hard work and the cooperation of everyone involved. Without both, this critical de Anza Trail link would not have been dedicated." -more- 08/30/00 WED 22:55 FAX 4082800418 S.JOSEPH SINITIAN Z002 Simitian worked with environmental groups,trail enthusiasts and the property owner to negotiate the trail dedication. "Community involvement was absolutely essential,"Simitian noted. Unlike de Anza Trail segments along the San Francisco Bay Trail,this dedication will also provide equestrian access. The entire dedication comes at no cost to the public. According to Meredith Kaplan,the de Anza Trail Superintendent for the National Park Service,the concept for the entire multi-state trail first arose in 1990. MaStET Plan drafting began in 1992,and the U.S. Congress approved the Plan in 1996. The trail easement dedication advances the goals established in the Santa Clara County Trails Master Plan. It also complies with the County Trail Easement Dedication Policy adopted by the Board of Supervisors in January 1992. In most cases, trail easements along the de Anza Trail are used so that land ownership nerd not change hands. This segment of the Trail will be developed and open for public use once adjacent easement dedications are obtained. Simitian Release Page 2 of 2 Regional Open ice ............... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AW 1E AW 0 September i, !2000 To: Kenneth Miller, Ranger Foothills Area Field Office From: L. Craig Britton, Gener anager Regarding: Letter of Commendation Ken, it was a pleasure to receive the attached letter. As you know, field staff members are on the front line for personal experiences of individual members of the general public. It's your interaction with the public that leaves a lasting impression on visitors of open space. I was very pleased to have received this letter, and I want to thank you very much on behalf of myself and the Board for your professional and efficient handling of the accident at the Fremont Older Open Space Preserve. Enclosure cc: MROSD Board of Directors J. Escobar, Assistant General Manager J. Kowaleski, Area Superintendent T. Lausten, Supervising Ranger K. Miller Personnel File H/britton/cbme=8-3 1-00 Arthur M. Honda 1273 Chateau Drive San Jose, CA 95120 August 21, 2000 L. Craig Britton, General Manager Midpeninsula Open Space District 330 Distel Circle Los Altos, CA 94022-1404 RE: Ken Miller, Ranger Dear Mr. Britton: Last Tuesday evening, August 15t', I was riding my mountain bike in the hills of Fremont Older and took a hard fall while descending Hunter's Peak. I shattered my helmet and later learned that I cracked at least one rib and broke my right wrist. At the time of the incident I was in a good deal of pain and distress. Fortunately, one of the bikers had a cell phone and called 911. It was also my good fortune that Ranger Miller happened to be in the area and alertly noted the subsequent dispatch to the fire department. He was the first at the scene and rendered assistance and coordination in a thoroughly professional and competent manner as I was being prepped for medivac to VMC's trauma center. I am presently healing relatively well for a 57-year-old and appreciate with each flashback the care and reassurance that I received from Ranger Miller and the paramedic teams. If Ranger Miller is typical of your staff, then the District and we taxpayers are, indeed, in capable hands. As a former manager and administrator in public service, I am fully aware of the critical role our field personnel play in representing the agency and its connection to its "customer". Please note that I am one extremely grateful customer as I commend Ranger Miller to you. I am currently on your mailing list and look forward to reading your newsletters with even greater appreciation. Sincerely, Arthur M. onda AUG 2 2 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT cc: MROSD Board of Directors MEMORANDUM To: C. Britton, General Manager From: D. Dart, Planning Technician; J. Issacs, Resource Management Specialist Date: 9/1/00 Subject: Monitoring of Sudden Oak Death Syndrome on District Lands For the past 5 years thousands of tan oak, coast live oak, black oaks, and other tree species have been dying along the Central California Coast. A University of California Oak Research Team has been established to determine the cause of the unprecedented die-off. The team recently announced that an unnamed species of fungus that belongs to the genus Phytophthora, is responsible for this epidemic along the Central California Coast. The District, as a landowning agency, has not been immune from this infestation. In fact, hundreds, possibly a thousand or more trees on District lands have been infected and died. In light of this situation and the recent announcement by the UC Oak Research Team, District staff has begun a monitoring program to assess the impact on District lands. On August 25, two members from the UC Oak Research team gave a presentation to field staff on the pathogen responsible and how to identify infected trees. Negative impacts to District lands could possibly include: • An increase in dead and downed wood, increasing the fuel load for a potential fire. • An impact on the visual aesthetics to preserve visitors. • Loss of habitat for wildlife and bird species. • Replacement of natural habitat with exotic non-native invasive species capitalizing on canopy gaps created by dying oaks. Sudden Oak Death Syndrome has the potential to seriously impact District Preserves and their natural resources. These impacts are beginning to surface on a number of District Preserves. For more in depth information about the disease please visit: ht42://camfer.cnr.berkeley.edu/oaks/ cc: Board of Directors J. Escobar Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: L. Craig Britton, General Manager From: Gordon Baillie, Management Analyst Date: September 6, 2000 Subject: Rancho San Antonio County Park Property Addition to Rancho San Antonio Open Space Preserve The Agreement for the District's management of this County Park was finalized on June 27, 2000 and management responsibility of this 165 acre parcel passed to the District on September 5, 2000. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, the passage of full management responsibility marks the final adoption of the preliminary use and management plan recommendation as approved by the Board of Directors at their meeting of May 24, 2000. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement, Lease, l)ate/Res. No. Mgmt Agmt.) Rancho San Santa Clara 165 Management May 24, 200 Antonio 342-5-28 Agreement 342-5-61 342-5-62 Dedication Date/ Mgmt. Status: Status: Closing Date (Open, Closed,CMU, (Intended Type Purchase Price GIS Code or Other) Withheld) May 24, 2000 Open RS 10 Misc. Notes: $1,500,000 paid by County to District for District's management cc: Board of Directors D. Dolan Operations Accounting Planning ' Regional Open ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton, General Manager ! - From: M. Williams, Real Property Representative O I Date: August 22, 2000 Subject: Arlie & Company ("Mellots Parcel") Property Addition to Bear Creek Redwoods Open Space Preserve Escrow closed for the subject transaction on August 18, 2000 and title to and possession of this 6 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of August 9, 2000. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, Date/Res. No. Mgmt Agmt.) Bear Creek Santa Clara Arlie & 6 Fee 8-9-00 Redwoods 544-50-004 Company 00-52 Dedication Date/ Mgmt. Status: Status' Closing Date (Open,Closed, CMU, Type Purchase Price GIS Code or Other) Mended Withheld) TAugust 18, 2000 Closed Withheld Cash $975,000 Misc. Notes: 7771 cc: Board of Directors D. Dolan Operations Accounting Planning 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 Hanko,Betsy Crowder, Kenneth C. Nitz •General Manager:L.Craig Britton Midpeninsula Regional Open Space District 18to CI Scrv' Sanborn ; Open Sparc Pres.crvc County Park �f ` fJ F: 6 o St.Joseth's f ill Open SpaceF-71 ,r + , /� Preserve `• J ,',� � � 120o MROSD � `I ' (Santa'Cl Ira'to.)�' I i ( \ \ (� 1 Lexinglon Reservoir tiierra Aiul, t POST _ R0U yr: Co6nly Kirk i \opt-11 Spa(c •� {4 , —_ rRd �� Preserve 1800'•' `t .I � � J� BEAR CREEK t�' �,'• :a r\,\�� \` .�, I1 ', i t�l \ • REDWOODS OPEN 110' 1 1) , , SPACE PRESERVE i•' t ' ' i2466 17 PENINSULA OPEN '" SPACE TRUST r 11(II t 5 1600 ) 1 .� era - ( .. ' '� ✓ s"'r �' 2200,r r y�i-,],)� f t��•, `I I ""r`��:._T,I i I �~ '=j/1r! 1�,� f �1����. is ^,i�'r•.t-'Ry.1:� '�Fy�� l � tn'�� � 4t /"` t'. �. I lJ r ��-•'t 1"t, r^\� '+�•4"?4- I\�llf �. 'li O(��^'-,\� / .\` ,r.,l � o� 1 \ .. t f, ,' •-� � �.- i �•.. rl y�., �1��\ ,: ( II i ill, �.�� � (-' �Av �. Sic ra AIUI '\ + 0Open'Space Pnserve����t (MROSD)' •, l t �!�� `` t tF is � 4 r/ ` ,fin' - 'ii \`�• tyt' L���y, �1 � �• ltt; ,'i:�(•,l t ifIIQ �s.�i�I1,)\ .., �r +{SC - %�. -������`, ' ��� .��w-'�\'�N t�: °t�� � ..5. Y:� ,,\ �� rlr �..�"i-il t 'ti �4t / \� ,I -,? t •r' ^\ _4i PROPOSEDACQUISITIUN ARLIE LAND & CATTLE (6 ACRES) ��{R'�: �.7' ( -1 1� *�\��"._f 4 J��ij,tyt..,; f>,�M^ kf', t � '.I it 7�:� � r. .,,```.'1•• ,1 I'�, _.i . •i.� �., 'I,r lei / .:..J l``4. �'�.. R. �: � �•+�i� .. '..y y •1 .7" �h '.. , :};,r r �J7 � #. ��,✓ l\J`�. i,'! .`. t�. F/ ' 1 .r�� ;�� � �� ,tiA. ��t � '�^. 4 j \ � •I. 0.0 .1 .2 .3 .4 .5 .6 .7 .B .9 1.0 One Mile 2000 i Regional Open ,face 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton, General Manager From: M. Williams, Real Property Representative Date: June 16, 2000 Subject: Collins Property YAddition to Thornewood Open Space Preserve Escrow closed for the subject transaction on May 16, 2000 and title to and possession of this 9.01 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 15, 1999. (See attached Board Report R-99-161.) DEDICATION/ACQUISITION CHART INFORMATION Ownership Status (circle one) Board Approval Preserve/Area County/A.P.N. Grantor Acres Fee,Easement,or Date/Res. No. Other: San Mateo Evan & Carol 9.01 Fee 12-15-99 [Thornewood 075-140-030 Collins 99-51 Mgmt. Status Dedication Date/ Type (Open, Closed, CMU, Status: Closing Date or Other: ) (Intended Purchase Price GIS Code Withheld) May 16, 2000 Open Intended Cash: $262,500.00 Grant: $187,500.00 Misc. Notes: This transaction represents the fourth and final parcel being acquired from the Procter family. The four sites total 31.84 acres. The total grant funds received from POST for the purchase of the Procter family properties is $750,000. NOTE: The grant funds were received in two installments of$375,000 paid into escrow in January 2000 and May 2000. cc: Board of Directors D. Dolan Operations Accounting Planning 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 Hanko,Betsy Crowder,Kenneth C.Nitz . General Ntanager:L.Craig Britton THORNEWOOD OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT za \� .— 7, =* 1 x y •OA c `• j r Pro tolava �. �• `'WUNNDERLICH %.�.y� :t s '`• . , . , .� _;'- � ; � CO lNTY ly PAR 600 " , / s - xn0 1000 1 r � 400 - ROBERT PROCTOR ET AL. :` PARCEL ONE, 4.29 ACRES Z!, l Sue Creek _ Ji�J COLLINS PROCTOR;,;"; PARCELTHREE, 9.01 ACRES TOTAL PROPERTY TO BE o�:� AC UIRED: 31.84 ACRES60 s r /: 1• � C dQr . i 4 A. 2 at 7a00 - Schilling i ADDITION.-1L ROBERT Lake w �. PROCTOR ET AL. PARCELS TWO & FIFE, 9.,4.-ACRES 'tit Rd IL -49 GLENN PROCTOR PARCEL onda Road did ; FOUR, 8.8 ACRES N — - I EXHIBIT A: PROPERTY LOCATION -Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton, General Manager From: M. Williams, Real Property Representative Date: August 18, 2000 Subject: Klein and Burns Family Trust Property Additions to Sierra Azul Open Space Preserve The Gift Deeds for the subject transactions were recorded on August 15, 2000 and title to and possession of the 2.12 acre Klein parcels and the .06 acre Burns Family Trust parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of August 9, 2000. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status:, Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, Date/Res. No. Mgmt Agmt.) Mt. Umunhum/ Santa Clara Sierra Azul 562-24-050, -056 Klein 2.12 Gift Deed 8-9-00 /00-53 (Hacienda Park) 562-24-024 Burns Family Tr .06 Gift Deed 8-9-00/00-54 Mgmt. Status: Dedication Date/ us: Closing Date (Open, Closed,CMIJ, (Intended Type Purchase Price GIS Code or Other) Withheld) August 15, 2000 Closed Withheld Gift N/A Misc. Notes: cc: Board of Directors D. Dolan Operations Accounting Planning MIDPEN1NSU& REGIONAL OPEN SPACE DISTRI CT I SANTA CLARA COUNTY r Proposed Proposed Klein Gift Burns Trust Gift • • a� MRO D S i y ISEF OP - 1 .•� � rs f a Y Y �i��.'\� ; '�� �� { � •a ,� +axe '� X�.t:1r MROSD Santa Clara County j u San Jose Water Private MIDPENINSUMA REGIONAL OP E SPACE DISTRICT i ,.i. Proposed Proposed Burns Trust Gift Klein Gift MROSD j r J a (� a - - I L .�"€d fy y'. ,C��W� � "4•� �' ��� < A� 2 vFsL .xw� rfJ 'ts.Nt off. x - R. .?ri•'3' '�a1i S.S r IERRA AUL _ ti s r au 'sr,�.`ti, a:.:S �• i.7 s ,.r+ ..a �: r `:•k �OQEt� E, ',�FS ir ,p �.�• ���z�fi � Y's-sr�..x�ice�i .c�.Sa. ,.� X''- i•.�� -' .:..�,y�C�� `_ ,.icy#�! pA'' � �}°����Y"r )� 4a- "�' rr�..,i��f` ,�:igYirc �T�`SJ'��yfi• ...i µYj ~�nn $•�1.�i .,�y. � Y �. 4t,�Gl,�, s��,�.�.�'IF :� •. .<t 'v �'>`��52`'us�l, +'•�-," `����1.'• "��ro y. �� . ;t' i'�;' f 'a` N 1