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HomeMy Public PortalAbout20010725 - Agendas Packet - Board of Directors (BOD) - 01-17 R Tonal Open S ee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-17 SPECIAL AND REGUL AR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday,July 25, 2001 330 Distel Circle Los Altos, California AGENDA* Please Note: 6:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:30* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session, the Board will j adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel - Anticipated Litigation- Significant Exposure to Litigation- Government Code Section 54956.9(b) - one case 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public I SPECIAL ORDER OF THE DAY Resolution of Appreciation for Michael L. Foster, Controller ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR—P. Siemens i *** APPROVAL OF MINUTES • June 27, 2001 • July 11, 2001 *** WRITTEN COMMUNICATIONS BOARD BUSINESS 7:50* 1 Approval of Mitigated Negative Declaration and Mitigation Monitoring Plan, and Tentative Approval of a Use and Management Plan Amendment for Windy Hill Open Space Preserve; Approve the Mitigated Negative Declaration and Mitigation Monitoring Program in Accordance with the California Environmental Quality Act(CEQA), 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,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Meeting 0 1-17 Page 2 Adopt the CEQA Findings as Set Out in this Report;Tentatively Approve the Use and Management Committee's Recommendation to Amend the Use and Management Plan for Windy Hill Open Space Preserve as Follows: (1)Open the Betsy Crowder Trail to Hikers,Equestrians, and Leashed Dogs,but not to Bicycles, (2)Install an Observation Area at Sausal Pond and Close the Perimeter Area to Public Use for Resource Protection, (3)Realign, Construct and Restore Unpaved Trails and Roads for a Net Increase of Eighty(80)Linear Feet, and(4)Approve Staffs Recommendation to Adopt the Name "Sequoias Trail"for a 0.2-Mile Trail that Connects to a Town of Portola Valley Trail and Open the Trail to Hikers, Equestrians, and Leashed Dogs, But Not to Bicycles—S. Sommer 8:20* 2 Approve the Attached License Agreement for The Sequoias—Portola Valley to Enter Windy Hill Open Space Preserve for the Purpose of Planting Native Plants and Installing a Temporary Drip Irrigation System on District Land Along the Northern Adjoining Property Line; Authorize the General Manager to Execute the Attached License Agreement Allowing The Sequoias-Portola Valley and their Consultants to Enter Windy Hill Open Space Preserve for the Purpose of Planting Native Trees and Shrubs,and Installing a Temporary Drip Irrigation System on District Land, Along the Northern Adjoining Property Line; Authorize the General Manager and General Counsel to Approve Minor Revisions to the License Agreement—A. Ruiz 8:25 3 Authorization to Execute a Contract with Dillingham Associates to Provide Design and Services in an Amount Not to Exceed$25,8 10 for the Proposed Parking and Staging Area at the Jacques Ridge Entrance to Sierra Azul Open Space Preserve; Authorize the General Manager to Execute a Contract with Dillingham Associates of Berkeley in an Amount Not to Exceed$25,8 10 to Prepare Plans and Specifications for the Parking and Staging Area at the Jacques Ridge Entrance to Sierra Azul Open Space Preserve—D. Vu 8:35* 4. Authorization of Award of Contract to Panko Architects for Design and Engineering Services to Replace the Maintenance Building and to Create a Master Plan for the Foothills Operations Facility at Rancho San Antonio Open Space Preserve; Authorize the General Manager to Enter into a Contract with Panko Architects of San Mateo for an Amount Not to Exceed$39,785 for Design and Engineering Services to Replace the Maintenance Shop Building and to Create a Master Plan for the Foothills Field Operations Facility at Rancho San Antonio Open Space Preserve—J. Cahill 8:45* 5 Request for Consent to a Sublease Agreement Between DrugAbuse Sciences, Inc.,and Kaidara Software, Inc. for the Enterprise Office Space at 330 Distel Circle, Los Altos; Authorize the General Manager to Approve the Office Building Sublease Between DrugAbuse Sciences, Inc. and Kaidara Software, Inc. —T. Fischer 8:50* 6 Authorization to Contract with Printer to be Announced at this Meeting for Printing Services for Fiscal Year 2001-2002 With an Option to Extend the Contract for Fiscal Year 2002-2003;Authorize the General Manager to Enter Into a Contract for Printing Services with a Printing Firm(To Be Selected by and Announced at Your Meeting)for the Remainder of Fiscal Year 2001-2002,For an Amount Not to Exceed$100,000,With the Option to Extend the Contract to Fiscal Year 2002-2003, Subject to Further Board Approval— S. Jensen 7 Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and Approval of Amendment to General Manager's Employment Agreement;As a Result of the Board's Evaluation of the General Manager's Performance for the Period of March Meeting 01-17 Page 3 10, 2000 through March 9, 2001 and Compensation Review for the Position,the Ad Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pay Award Based on the General Manager's Performance and a 4%Cost of Living Salary Adjustment, Retroactive to March 9,2001;Adopt the Attached Resolution Amending the General Manager's Employment Agreement to Reflect an Adjusted Salary of $131,959.36,and a 5%Meritorious Pay Award Totaling$6,344.20—Ad Hoc Appointee Evaluation Committee(President Siemens and Directors Cyr and Little) *** 8 Authorization to Solicit Bids for Paving and Repairs to the Driveway at Thornewood Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)as Set Out in this Report;Authorize Staff to Solicit Bids for Paving and Repairs to the Driveway at the Thornewood Open Space Preserve—J. Cahill *** 9 Authorization to Solicit Bids for Paving and Repairs to the Parking Lot at the Administrative Office Building Located at 330 Distel Circle,Los Altos, California; Deter mine that the Recommended Actions are Categorically Exempt from the California g Yxem p Environmental Quality Act(CEQA)as Set Out in this Report;Authorize Staff to Solicit Bids for Paving and Repairs to the Parking Lot at the Administrative Office Building—J. Cahill *** 10 Authorization to Solicit Bids to Remove One Minor Structure and Various Debris at Sierra Azul Open Space Preserve and Restore the Area to a Natural Condition; Authorize Staff to Solicit Bids for the Demolition of One Minor Structure and the Removal of Associated Debris at Sierra Azul Open Space Preserve—J. Cahill *** 11 Authorization to Contract with Tamara Kan for Biological Survey and Mapping Services; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)as Set Out in this Report;Authorize the General Manager to Execute an Agreement with Tamara Kan in an Amount Not to Exceed$25,000 to Provide Biological Survey and Mapping Services on an As-Needed Basis for Planning's Capital Improvement Projects and Resource Management Projects During Fiscal Year 2001-2002—M. Freeman *** REVISED CLAIMS 9:00* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. 9:20* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TOADDRF.SS 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. RESOLUTION No.01-19 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COMMENDING MICHAEL(MIKE)L.FOSTER WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District has recognized that its obligations to its constituents include providing them with accurate,up-to-date,and comprehensible financial information about the District's activities; and WHEREAS,additionally,the Board has found that the precise examination,analysis,and reporting of the District's financial condition,as well as conservative forecasting of future economic conditions,is invaluable in determining and directing the District's fiscal policy;and WHEREAS,for the last 23 years,Mr.Michael(Mike)L.Foster has served as the District's Controller,coordinating all of the complicated economic factors necessary for the benefit of the Board's decision-making processes and for required reporting to the public; and WHEREAS,Mike performs this multitude of functions in addition to his regular full-time job,and most often uses portions of his weekends and evenings to complete financial reports,auditing preparations, forecasts,and fiscal trend analyses;and WHEREAS,at various Board or committee meetings,Mike answers all Board and public questions,whether intelligent or obtuse,with the same level of professionalism,clarity,and respect; and WHEREAS,during any given meeting,Mike displays an adeptness at patiently fielding the same questions over and over,without succumbing to the temptation to yell,"That's the third time I've answered that!"or simply banging his head on the table in exasperation; and WHEREAS,Mike also has an ability to simplify and make understandable for any audience his highly detailed financial charts and graphs,while,at the same time,managing to maintain his professional image of an odd combination of the"Nutty Professor"and the"Wizard of Oz;"and WHEREAS,despite the immense value that Mike provides to the District,his financial remuneration for performing this function has been only a modest stipend. Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District commends Mr.Michael(Mike)L.Foster for his 23 years of dedication to the District,and his tireless efforts to ensure the District's financial health and stability,thus enabling the District to successfully carry out its mission of open space preservation. Adopted by the Board of Directors July 25,2001 A Regional Open ,!.. ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-14 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS June 27,2001 MINUTES SPECIAL MEETING I. ROLL CALL President Pete Siemens called the meeting to order at 6:36 p.m. Members Present: Jed Cyr, Larry Hassett, Mary Davey, Ken Nitz, and Pete Siemens. Members Absent: Deane Little(arrived at 7:35 p.m.), Nonette Hanko. Staff Present: Craig Britton, Sue Schectman, Tom Fischer, Del Woods, Duncan Simmons, Mike Williams, John Escobar. H. CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1, 2, and 3. The Board recessed to Closed Session at 6:40 p.m. and the Closed Session commenced at 6:40 p.m. The Board concluded the Closed Session at 7:35 p.m. REGULAR MEETING III. P. Siemens called the Regular Meeting to order at 7:36 P.M. and noted that no reportable actions had taken place in Closed Session. Members Present: Jed Cyr, Larry Hassett, Mary Davey, Deane Little, Ken Nitz, and Pete Siemens. Members Absent: Nonette Hanko. Additional Staff Present: Jodi Isaacs, John Cahill, Laurie Crook, Lisa Zadek, Gordon Baillie, Cathy Woodbury, John Maciel, Stephanie Jensen, Sandy Sommer. 330 Distel Circle * Los Altos, CA 94022-1404 9 Phone:650-691-1200 Fax:650-691-0485 e E-mail: mrosd@openspace.org *web site:www,openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz -General Manager:L.Craig Britton Meeting 01-14 Page 2 IV. ORAL COMMUNICATIONS Strether Smith, 8131 Presidio Drive, Cupertino, talked about Hoby Pihl (Hobart Eric Pih1, Jr.), a mountain bicyclist who was the victim of an accident at Fremont Older Open Space Preserve. He said a group of bicyclists who had ridden with Pihl over the years had some ideas of how to honor his memory. They did not think a memorial bench or plaque would be appropriate. Some of the proposals they had developed were as follows: • Develop a pamphlet on how to inspect a bicycle for safety; • A beginning rider program, stressing safety; • A helmet program in which the District gives away helmets to those who need them(R anger er i P. Hearin s idea). Smith said his group is soliciting other ideas. They would like to have a brief meeting at n h in the area the call Hob Hill. Smith said Pihl's family and friends the end of the mot y y Y in articular John Maciel and Phil Hearin for their help during the he District,thanked tp P g time following the accident. C. Britton said staff would be glad to work with Mr. Smith and the group of friends. i V. SPECIAL ORDER OF THE DAY Pledge of Allegiance—The Pledge of Allegiance was led by Girl Scouts, Maddy Downing, Gina Topley, and Allison Williams. C. Woodbury introduced two new Planning Technicians: Ruthie Harari-Kremer and Sumudu Welaratna. VI. ADOPTION OF AGENDA C. Britton requested that Item 4 be considered as the first item of Board Business. Motion: J. Cyr moved that the Board adopt the agenda as re-ordered. K. Nitz seconded and the motion passed 6 to 0. VII. ADOPTION OF CONSENT CALENDAR Staff answered questions regarding the draft response to the letter from Ms. Pamela McReynolds, and Claims 2005, 2047, and 2067. i Motion: M. Davey moved that the Board adopt the Consent Calendar, including approval of the Minutes of the April 11, 2001, Apri125, 2001, and May 9, 2001 Regular and Special Meetings; draft responses to letters from Ms. Pamela McReynolds; and Mr. Alan Miller, 11042 Canyon Vista Drive, Cupertino; Agenda Item 6, Approve Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of Amendment to District General Counsel's Employment Agreement; as a Result of the Board's Evaluation of District General Counsel's Performance for Fiscal Meeting 01-14 Page 3 Year 2000-2001,the Ad Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pay Award Based on District General Counsel's Performance in Fiscal Year 2000-2001, and a 4% Cost of Living Increase for Fiscal Year 2000-2001, Retroactive to April 1, 2001; Adopt the Attached Resolution Amending District General Counsel's Employment Agreement to Reflect an Adjusted Part-Time Salary of $82,016.84, a 5%Meritorious Pay Award Totaling $3,943.12, and an Adjustment in Vacation Hours from 100 Hours Annually to 110 Hours Annually— Ad Hoc Appointee Evaluation Committee(President Siemens and Directors Cyr and Little); Agenda Item 7,Authorize Staff to Solicit Bids to Purchase One Dump Truck; Agenda Item 8, Schedule a Special Meeting of the Board of Directors for July 18, 2001 for the Purpose of Conducting a Closed Session Concerning a Board Appointee Performance Evaluation for the General Manager(NOTE: The meeting was rescheduled to be held on July 17, 2001 during Informational Reports); and Revised Claims 01-12. L. Hassett seconded the motion. The motion passed 6 to 0. VIII. BOARD BUSINESS A. Agenda Item No. 4-Proposed Addition of Peninsula Open Space Trust Property to Bear Creek Redwoods Open Space Preserve Adopt the Attached Resolution Authorizing Purchase of the Peninsula Open Space Trust Property; Accept the Previously Approved Preliminary Use and Management Plan Contained in this Report, Includin Ng aming the Pro e�rty as an Addition to Bear Creek Redwoods Open Space Preserve; Indicate Your Intention to Dedicate the Property as Public Open Space at This Time—(Report R-01-7 . C. Britton introduced Audrey Rust, President of Peninsula Open Space Trust (POST), and talked about how she had been instrumental in helping the District to acquire Bear Creek Redwoods Open Space Preserve. D. Woods presented the report, focusing on the changes that had been made on the property. He talked about easements, conditions, and encroachments and showed the location of those on a map. He described winterization activities, including installation of culverts and drainage rock. M. Williams described the terms and conditions of the acquisition, noting that the District has spent a total of$15 million. D. Woods showed slides of the property, including the area of an encroachment where there has been extensive grading. S. Schectman noted that in Section 6, the correct amount of the indemnity in the purchase agreement should be $2 million(not $1 million as stated in the draft agreement). Meeting 01-14 Page 4 C. Britton said the reason the exact acreage was not stated is that the precise acreage is unknown until a property has been surveyed, and a survey was not available at this time. S. Schectman explained that the Memorandum of Unrecorded Grant Agreement mentioned on page 3 was requested by the Wildlife Conservation Board so that it can be publicly recorded that there are open space restrictions on the property. Staff answered questions regarding naming of sites by POST (page 4, #4). D. Woods said the naming would be done consistent with District policies. S. Schectman said the naming must be in compliance with District criteria for site naming. The Board could decide what procedure it wants and could route requests through Use and Management Committee. K. Nitz said he would like to do that. A. Rust said they expected to go through the District's Use and Management process. D. Woods answered questions regarding boundary signs and closed area signs referred to on page 7 of the staff report. A. Rust said this wa a thrilling moment of culmination for a long effort by the h r n give able to transfer the property and District and POST. She was thrilled to be a p p y g the $5 million gift. Board members thanked Ms. Rust and POST. C. Britton talked about the history of the process, noting that POST was instrumental and incredible. He said Ms. Rust had talked her Board of Directors into borrowing the money. Motion; M. Davey moved that the Board adopt Resolution No. 01-17, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Execution of the Property Acquisition Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Execute Memorandum of Unrecorded Grant Agreement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Bear Creek Redwoods Open Space Preserve)—Lands of Peninsula Open Space Trust); accept the previously approved Preliminary Use and Management Plan contained in the staff report, including naming the property as an addition to Bear Creek Redwoods Open Space Preserve; and indicate their intention to dedicate the property as public open space at this time. K. Nitz seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 1 —Receive and Comment on the Final Report on the Grassland Management Implementation Project at Russian Ridge Open Space Preserve—(Report R-01-72). Meeting 01-14 Page 5 J. Isaacs summarized the details of the final report and what it means to the District to manage grasslands. She noted that Paul Kephart of Rana Creek Habitat Restoration had written the report and regretted not being at the meeting. J. Isaacs showed slides depicting the results of the project. L. Hassett noted that he has been dealing with star thistle for six years on his property with some success. He said other methods have been tested including introduction of the false peacock fly. J. Isaacs said both the fly and the hairy weevil are on Skyline, but were not introduced by the District. The hairy weevil has proven very successful at Fremont Older Open Space Preserve. Regarding the use of Transline and the fact that star thistle develops resistance after a few years, J. Isaacs said this was not a multiple year treatment. Staff would propose using Roundup in the future. In reference to the chart on page 15 showing results of various methods, J. Isaacs said there are multiple variables including weather. J. Cyr requested that the comma in the second paragraph on page 2 be moved to the correct spot. M. Davey and K. Nitz agreed that the District needed to continue its commitment. By consensus, the Board received the report. C. Agenda Item No. 2—Authorize the General Manager to Modify the Contract with Bay Construction Services Inc to Include Change Orders for Additional Work on Modifications to Office Space not Included in the Original Scope of Work by an Additional $18 500 Over the $31,000 Previously Authorized. for a Total Amount not to Exceed $49 500—(Report R-01-73 . J. Cahill presented the report and talked about some of the things that had been eliminated from the project. Motion: J. Cyr moved that the Board authorize the General Manager to modify the existing contract with Bay Construction Services, Inc. to include change orders for additional work on modifications to office space, not included in the original scope of work, by an additional $18,500 over the $31,000 previously authorized, for a total amount not to exceed $49,500. K. Nitz seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 3- Approve the Workers' Compensation Insurance Bid Totaling $138.960 from State Compensation Insurance Fund for the Period June 29 2001 through June 28, 2002—(Report R-01-68). I Meeting 01-14 Page 6 L. Crook presented the staff report and explained why it was to the District's advantage to have a yearly analysis and negotiation. Motion: M. Davey moved that the Board approve the workers' compensation insurance bid totaling $138,960 from State Compensation Insurance Fund for the period June 29, 2001 through June 28, 2002. K. Nitz seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5—Approve Agreement Between the City of Mountain View and Midpeninsula Regional Open Space District for the Operation of Deer Hollow Farm, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQ& as Set Out in this Report; Authorize the General Manager to Execute the Attached Agreement with the City of Mountain View for the Continued Operation of Deer Hollow Farm— (Report R-01-46). G. Baillie presented staff s recommendations and recognized the efforts of J. Escobar and S. Schectman. He informed the Board that the District's share of expenses would be about $60,000 this year. R J. Escobar talked about the details of the three-way agreement from 1996. The County will not raise the amount they contribute ($50,000 a year). The budget has continued to go up. The District and the City of Mountain View are splitting the balance of expenses after the $50,000 is subtracted. G. Baillie noted that there is a ten percent cap in the annual increase. He said based on staffs experience at Rancho San Antonio, there has been a growth in use at the facility. J. Escobar and C. Britton explained how Mountain View had originally became involved with Deer Hollow Farm. The City of Mountain View ran and funded the farm by themselves for several years. After 1993, they went to other cities looking for support. C. Britton said the District was very fortunate to have Mountain View running the farm. Mountain View residents and schools do get special consideration regarding use and the fee schedule. J. Cyr commended the program. J. Escobar said the buildings are in better shape now than 20 years ago because of the high level of maintenance. Regarding the possibility of wildlife rehabilitation there, J. Escobar said he thought the facilities were used to the maximum. Motion: D. Little moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report; Meeting 01-14 Page 7 and authorize the General Manager to execute the Agreement with the City of Mountain View for the continued operation of Deer Hollow Farm. J. Cyr seconded the motion. The motion passed 6 to 0. F. Agenda Item No. 9—Wozniak vs. California Department of Forestry; Consideration of Consent to Conveyance by Big Creek Lumber Company.to Candice Wozniak of Certain Limited Timber Rights at Bear Creek Redwood Open Space Preserve. Determine the Action Before the Board is Categorically Exemat from the California Environmental Quality Act as Set Out in the Staff Report,• Consider Whether to Consent to the Conygyance by Big Creek Lumber Company to Candice Wozniak of Certain Limited Timber Rights at Bear Creek Redwoods Open Space Preserve—(Report R-01-74). C. Britton asked for a continuance to July 11, 2001. Motion: M. Davey moved that the Board continue this item to the July 11 meeting. D. Little seconded the motion. Discussion: Eric Huff, representing Big Creek Lumber, asked that the matter be concluded no later than July 11, so Big Creek could complete operations this year. Vote: The motion passed 6 to 0. IX. INFORMATIONAL REPORTS M. Davey: 1. The Conservation Center and Bay Area Action announced their new name, Actera. 2. She asked if the Board meeting scheduled for the July 18 (Agenda Item 8) could be rescheduled. By consensus, it was to be rescheduled for 7:00 p.m., July 17, 2001. K. Nitz also went to the Actera meeting and had later discovered on the internet that the name is a trucking firm name also. P. Siemens reported on the annual Special Parks District Forum conterence he, J. Cyr and staff members had attended. He said he would pass on information he had gathered there. L. Hassett: 1. He was also at the Actera meeting. 2. He had attended M. Davey's anniversary party. 3. C. Woodbury and he went to the exploratory watershed meeting for San Francisquito Creek. 4. He went to the Tony Look trail dedication and said J. Cyr did a great job for the District in his presentation. J. Cyr: 1. He reported on the Tony Look dedication. 2. He made a presentation to the Sunnyvale Rotary Club on Monday. He thanked L. Zadek and D. Woods for their Meeting 01-14 Page 8 assistance in preparing that presentation. 3. He talked about some of the issues addressed at the Special Parks District Forum. D. Little had returned from Africa earlier in the day and said his trip was an incredible experience. He shared information about invasive species issues there and his climb of Mt. Kilimanjaro. He said he would share slides at a later date. C. Britton: 1. He had information from John Ward about the Pescadero Conservation Alliance. 2. He talked about his trip to Africa(Zimbabwe)where he observed a total solar eclipse. S. Schectman: 1. She went to the GGNRA Advisory Commission meeting which was considering the GGNRA boundary expansion. The committee voted to approve it. 2. She attended the Mid Coast Community Council meeting and found it very informative. 3. She thanked the Board for their action on Agenda Item 6 this evening. L. Zadek asked the Board members complete the calendars and return them to her, and to sign and return the waivers of written notice of special meetings. C. Woodbury said the Special Districts Forum was a wonderful experience for staff as well as Board members. S. Jensen: 1. She thanked C. Woodbury for the WEB information she had brought from the forum. 2. The date for the volunteer recognition event was changed to August 16. 3. Lori Raymaker, Docent Coordinator, is leaving the District. 4. She announced the hiring of a new Public Affairs Intern, Arwen Edsall, and a new Interpretive Aide, Jessica Morgan. 5. She attended the Executive Committee meeting of Bay Area Open Space Council. 6. The Betsy Crowder Trail event is this Saturday, 10:00 a.m.-12:00 p.m. G. Baillie said they had conducted a very successful search and rescue exercise at Skyline. X. ADJOURNMENT At 9:49 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-15 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS July 11, 2001 MINUTES i SPECIAL MEETING I. ROLL CALL President Pete Siemens called the meeting to order at 6:35 p.m. Members Present: Mary Davey,Nonette Hanko, Larry Hassett, Deane Little, Ken Nitz, and Pete Siemens (arrived at 6:40 p.m.). Members Absent: Jed Cyr. Staff Present: Craig Britton, Sue Schectman, Thomas Fischer, Del Woods, John Escobar. H. CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session for a conference with Creneral Counsel regarding anticipated litigation, significant exposure to litigation, Government Code Section 54956.9(b). The Board recessed to Closed Session at 6:35 p.m. and the Closed Session commenced at 6:40 p.m. The Board concluded the Closed Session at 7:30 p.m. REGULAR MEETING III. P. Siemens called the Regular Meeting to order at 7:37 p.m. and noted that no reportable actions had taken place in Closed Session. Additional Staff Present: Jessica Morgan, Anne Koletzke, Lisa Zadek, and Stephanie Jensen. IV. SPECIAL ORDER OF THE DAY S. Jensen introduced Jessica Morgan, Interpretative Aide, and talked about some of the upcoming events at the Nature Center. 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 C ®PR@8 ST Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz •Ceneral ManagTer:L.Craig Britton I 4 Meeting 0 1-15 Page 2 V. ADOPTION OF AGENDA C. Britton asked the Board to reorder the agenda so that Oral Communications would be just before Informational Reports. Motion: N. Hanko moved that the Board adopt the agenda as amended. K. Nitz seconded and the motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR L. Zadek noted a correction to Agenda Item 3, changing the meeting number to 0 1-15 (not 00-15). Motion: M. Davey moved that the Board adopt the Consent Calendar, including approval of the Minutes of the May 23, 2001, Special and Regular Meetings; and Revised Claims 01-13. L. Hassett seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 —Wozniak vs. California Department of Forestry; Proposed Denial of Conveyance by Big Creek Lumber Company to Candice Wozniak of Timber Rights at Bear Creek Redwoods Open Space Preserve—(Report R-01-M. C. Britton explained why this matter had been continued from the previous meeting. T. Fischer presented the staff report and slides depicting the llama pasture, and mountain bicycle and motorcycle trails. S. Schectman added two matters for the record: The District had received a letter from the attorney for Ms. Wozniak requesting that the Board approve the transfer, and stating there were not reasonable grounds to deny it. The attorney requested that the item be removed from the agenda. In addition, she had been contacted by the attorney for Big Creek Lumber who said he intended to meet with representatives of Ms. Wozniak to see if they can reach agreement if the Board denies this tonight. She informed the Board under the Agreement before the Board that there could be no substitute trees cut. T. Fischer said it was evident from the width and depth of the tracks that the tracks were made by motorcycles, not mountain bicycles. In addition, staff had found parts of motorcycles in the area. He showed where he had been standing when he took pictures of the llama pasture in October 2000 and June 2001. He said there had been grading within the last 30 days. He said he had not seen llamas, but had seen evidence of their presence. l ' Meeting 0 1-15 Page 3 S. Schectman said staff will evaluate what can be done to try to resolve the encroachment problems. Staff hopes to resolve the problems amicably. In regard to the possibility of some fences being on the preserve, T. Fischer said they have no survey of the boundary, but those fences are not new. He said the llama pasture is fenced. He said there could be some tree cutting in Area II if the agreement is approved. Staff was not sure why Big Creek was proposing to extend the skid road. He understood that there were 34 trees in Area II and 11 in Area I. Trees had been identified and marked by Ms. Wozniak and Big Creek. S. Schectman informed the Board that the settlement agreement does not expressly permit Ms. Wozniak to have motorcycles or raise llamas on the property- Eric Huff, Big Creek Lumber, stated that the trail going up the ridgeline and extending into Area II was going to happen whether or not the conveyance was approved. Motion: M. Davey moved that the Board deny Consent to the Conveyance by Big Creek Lumber Company to Candice Wozniak of Timber Rights at Bear Creek Redwoods Open Space Preserve. K. Nitz seconded`the motion. The motion passed 6 to 0. B. Agenda Item No. 2-Nominate Director Davey as the District's Representative to the Community Resource Group Being,Funded by the County of Santa Clara to Advise the Planning Director on the Implementation of the Stanford University General Use Permit and Community Plan—(Report R-01-79). C. Britton presented the staff report, noting that Director Davey was an ideal candidate for the group. N. Hanko said she was very much in favor of the nomination and talked about Director Davey's qualifications. She asked that staff make it clear in the letter to the County that the District does not take a position on housing issues. L. Zadek noted that the report said Meeting 01-17 and should read 01-15. Motion: N. Hanko moved that the Board nominate Director Davey for consideration as the District's representative to the Community Resource Group being formed by County of Santa Clara to advise the Planning Director on the implementation of the Stanford University General Use Permit and Community Plan. L. Hassett seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3- Authorize the General Manager to Contract for Graphic Design Services with Design Concepts for the Remainder of Fiscal Year 2001- 2002 for an Amount Not to Exceed $35 000, with the Option to Extend the Meeting 01-15 Page 4 ' Contract to Fiscal Year 2002-2003 Subject to Further Board Approval—(Report R-01-78 . S. Jensen presented staffs recommendations and answered questions. She informed the Board that the District has been outsourcing design services for some time. She talked about the process of submitting the request for proposals and of reviewing those submitted. C. Britton noted that they had gone out for proposals on this in the past. n this n May 23 because staff had Jensen clarified that staff had taken actiono t s o cau s a d S. Jy to complete some projects, including the quarterly newsletter and they knew there would be a time lapse before award of the contract. The contractor staff hires will work on all quarterly newsletters, redesigns of brochures, visitor services maps, events invitations, and pins. D. Little urged staff to look into the work of Mark Bolt who had designed the Acterra brochures M. Davey brought to the meeting. I Motion: M. Davey moved that the Board authorize the General Manager to enter into a contract for graphic design services with Design Concepts for the remainder of fiscal year 2001-2002 for an amount not to exceed $35,000, with the option to extend the contract to fiscal year 2002-2003, subject to further Board approval. K. Nitz seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 4—Cancel Scheduled Special Meeting,of the Board of Directors on Wednesday, July 18, 2001 and Reschedule for Tuesday, July 17, 2001 at 7.00 p.m. for the Purpose of Conducting a Closed Session Concerning a Board Appointee Performance Evaluation for the General Manager—(Report R- 01-76). C. Britton reported briefly on staffs recommendation. Motion: M. Davey moved that the Board cancel the Special Meeting on Wednesday, July 18, 2001, and reschedule the Special Meeting of the Board of Directors for Tuesday, July 17, 2001 at 7:00 p.m. for the purpose of conducting a closed session concerning a Board appointee performance evaluation for the General Manager. K. Nitz seconded the motion. The motion passed 6 to 0. VIII. ORAL COMMUNICATIONS Audrey Rust, President of Peninsula Open Space Trust(POST), talked about POSTr s Saving the Endangered Coast campaign and showed a video POST had used at the fundraising kickoff. C. Britton added that this is an incredible accomplishment and the timing is perfect. Meeting 0 1-15 Page 5 N. Hanko added that at Bill Cook's barbecue, she talked to a farmer who had read the service plan and thought it was fantastic. He was now 98% in favor of the District coming in but would like an explanation of what a conservation easement might mean. He has a friend who has 1,000 acres and he would like the District to get involved with him. She said she saw an excellent partnership in the future with POST. Ms. Rust talked about the video and commented she was initially against POST buying the Pigeon Point Lighthouse Bed and Breakfast property, but her Board moved ahead with it. She said the houses at Pigeon Point had been purchased by a Davenport man who will eventually use them as a bed and breakfast. IX. INFORMATIONAL REPORTS N. Hanko: 1. She reported on the Betsy Crowder event. Jo Barrett had talked to her at that event with concerns about the delay of building the alternate trail at Skyline. C. Britton said the District received the grant, but the Saratoga Gap Trail was not in this year's program. He said staff would contact Ms. Barrett. 2. She has received a letter from Mrs. Gould who lives near Harrington Creek and is concerned about the pollution in k nearby development. La Honda Creek caused b � Y Y P. Siemens: 1. He discussed the article called Open Reason which had appeared in the Los Gatos and Saratoga newspapers. 2. He thanked those who had worked on the Betsy Crowder event stating that it was very well organized. N. Hanko thanked S. Jensen for her work on the event. n talked about the event. 2. He will be 1 H 1 d to L. Hassett.• e also S. Jensen a t meeting Sunday with members of the Old La Honda Road Association. D. Little: 1. He said he enjoyed the Betsy Crowder event and was glad they had,waited a few months to do it. 2. He talked about how difficult it is to get on some of the reservation-only hikes and suggested having extra docents or parallel hikes in order to accommodate the demand. M. Davey: 1. She announced that C. Britton will be the featured speaker at the Palo Alto Women's' Club meeting on September 19. 2. She distributed Acterra brochures designed by Mark Bolt. K. Nitz said he would be working at the Los Altos Art and Wine Festival Saturday morning. He will also be working at the Palo Alto festival. C. Britton: 1. The Hidden Villa annual humanitarian awards ceremony is September 22, and M. Davey is one of the nominees. 2. AB 104, vehicle fee for San Francisco Bay Program of the Coastal Conservancy has passed the Senate Transportation Committee. The District will receive $9 million in grants from this program. 3. He had gone to tea at the Yerba Buena Nursery and stated that it is a great place. 4. The Ad Hoc Coastal i Meeting 0 1-15 Page 6 Committee meeting is tomorrow at noon. 5. The FYIs included a letter from Joe Howard commending T. Fischer and M. Williams on the Richmond settlement. 6. The FYIs also contained the results of the pig count. He said there was an article in the South Skyline Association Newsletter stating that sightings of pigs are greatly reduced, and he thought this was a credit to what the District had done. 7. The clippings contained a July 9 Chronicle article called Keep it Green which was about POST,the District, and the Bay Area Open Space Council. 8. He said staff will be watching the proposal for a school at the old quarry in Cupertino. S. Jensen: 1. She thanked Board and staff for efforts before during, and after the B. Crowder event. 2. The Volunteer Recognition event is August 16 at Saratoga Springs, and the staff event is September 14. X. ADJOURNMENT At 9:07 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Regional Open 5 ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-88 Meeting 01-17 July 25, 2001 AGENDA ITEM I AGENDA ITEM Approval of Mitigated Negative Declaration and Mitigation toning Plan, and Tentative Approval of a Use and Management Plan Amendment for indy Hill Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the Mitigated Negative` aration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act(CEQA), and adopt the CEQA Findings as set out in this report. 2. Tentatively approve the Use and Management Committee's recommendation to amend the Use and Management Plan for Windy Hill Open Space Preserve as follows: (1) Open the Betsy Crowder Trail to hikers, equestrians, and leashed dogs, but not to bicycles, (2) Install an observation area at Sausal Pond and close the perimeter area to public use for resource protection, (3) Realign, construct, and restore unpaved trails and roads for a net increase of eighty (80) linear feet, and (4) approve staff s recommendation to adopt the name "Sequoias Trail" for a 0.2-mile trail that connects to a Town of Portola Valley trail and open the trail to hikers, equestrians, and leashed dogs, but not to bicycles. BACKGROUND The Betsy Crowder Trail (originally temporarily named Sausal Trail), constructed as a multiple use trail, was opened to the public during the spring of 1999 for hiking use only, under a temporary-use designation. Temporary hiking-only designations are typically applied to newly constructed trails to allow the surface tread to compact through the first winter season. On January 26, 2000, staff presented the Board of Directors with a recommendation to open the trail to hikers and companion dogs only, noting the importance of limiting trail use to minimize the impacts on Sausal Pond. At that meeting, you chose to table the trail use decision pending further investigation by staff regarding the potential for including equestrian access (see Report R-00-21). In the fall of 2000, former Director Crowder asked that this item return to the Board of Directors for consideration at its August 9, 2000 meeting(see Report R-00-112). Meanwhile, construction I of the Kabcenell driveway project was underway, and staff anticipated the need to address several additional trail issues directly related to the new driveway. In light of this, the General Manager asked the Board to consider delaying the trail use decision for the Betsy Crowder Trail until completion of the Kabcenell project. This would allow staff time to consolidate the 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,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton i R-01-88 Page 2 multiple trail issues and determine how they were interrelated in order to be able to simultaneously address them in an effective manner. As construction converted a 4-foot wide multiple use trail into a 12 to 14 foot-wide driveway, staff saw the need to re-examine the preserve's trail network. The driveway, which was completed in early 2001, winds through grassland and oak woodland, crossing over an unnamed trail at a difficult location with inadequate lines of sight. This unnamed"bypass"trail was established by foot traffic seeking to shortcut the lower switchbacks of Spring Ridge Trail by taking a direct route along the nose of the ridge, and is known for major drainage and erosion problems due to its location and steep grade. Staff first earmarked the need for realigning this trail after acquiring the former Slobe property on November 22, 1988 (see Report R-88-141). The realignment was also included in the 1991 Conditional Use Permit Supplement, submitted to, and approved by, the Town of Portola Valley. Staff assigned the realignment even greater priority during review of the Kabcenell driveway on June 14, 2000 (see Report R-00-84), and decided to begin the realignment project once the driveway construction was completed. Discussions on whether to consider the use designation for Betsy Crowder Trail separately or in conjunction with the Kabcenell trail issues continued at your September 27, 2000 meeting (see Report R-00-121). At this meeting, you directed staff to return with an interim-use designation allowing equestrians seasonal use of the Betsy Crowder Trail. In addition, you expressed support for staff to complete a comprehensive Use and Management Plan Amendment for lower Windy Hill Open Space Preserve that specifically addressed the use designation for the Betsy Crowder Trail and trail realignments near the Kabcenell driveway. Both items were presented to the Board of Directors for direction on this comprehensive review at your October 11, 2000 meeting (see Report R-00-26). Trail and road improvements at Windy Hill Open Space Preserve are subject to the Conditional Use Permit(CUP) approved by the Town of Portola Valley on April 17, 1991. This document contains a number of conditions requiring coordination between the District and the Town if the Use and Management Plan for the preserve is proposed to be amended. DISCUSSION In preparation for the Use and Management Plan Amendment for lower Windy Hill Open Space Preserve, staff undertook a comprehensive study of the lower area to evaluate the trail circulation system(refer to Exhibits A and B for study area location). The study was driven by two key issues: the need to designate appropriate uses for the Betsy Crowder Trail, including an evaluation of the long-term impacts of opening a trail to multiple uses; and the need for a trail realignment near the Kabcenell driveway. Trail Use Designations Since the October 11, 2000 Board meeting, the Betsy Crowder Trail has remained open to hiking and seasonally to equestrians on an interim basis, pending a final use designation,. While R-01-88 Page 3 studying the possible uses for the trail and the long-term impacts of each use, it became evident that the natural resources of Sausal Pond might be affected. Sausal Pond is considered a unique feature that provides sensitive nesting and breeding habitat for waterfowl and the threatened California red-legged frog. In the last few years, concerns have grown over the increase in visitor impacts to the wetland area. The trampling of wetland vegetation has created"volunteer trails" around the pond and the loss of cover vegetation. There are also numerous spur trails veering off Spring Ridge Trail that lead to the pond's edge. As a result, visitors are affecting the wetland habitat and disturbing the resident wildlife. future visitor use impacts to Sausal Pond could be substantial) minimized Staff concluded that p Y with the implementation of habitat protection measures (refer to Exhibit Q. These measures include: confining visitor access to a designated observation area near the pond; installing split rail fencing along Spring Ridge Trail that would discourage further creation of spur trails and direct visitors to the observation area; bolstering and extending the existing fencing along the Betsy Crowder Trail where the trail lies closest to the pond, which would help discourage visitors and/or their dogs from establishing spur trails that veer toward the water; installing signage at strategic locations near the pond to help educate the public and to explain the need for the resource protection measures. Since the pond and its surroundings are of unique value to the preserve as waterfowl and California red-legged frog habitat, it is recommended that the balance of the wetland area be closed to public use for resource protection. With these habitat protection measures, the Betsy Crowder Trail can reasonably support hikers, equestrians, and leashed dogs without significantly impacting the wetland habitat. Moreover, the potential for trail use conflicts between these visitor groups is considered to be low,based upon the characteristics of the trail, its location within the preserve, and the varied levels of physical ability of the visitors who use the trail. During the study of lower Windy Hill, staff also determined the need to designate the use for a 0.2-mile connector trail that joins Spring Ridge Trail to the Town's Sequoias Trail. A gate to The Sequoias property is located at this junction and is often used by Sequoias residents to enter the preserve. Although the Town's portion of the Sequoias Trail is only open to hikers and equestrians, staff proposes to designate the District trail as open to hikers, equestrians, and leashed dogs, thus allowing residents of The Sequoias to continue visiting the preserve with their dogs. Also, in order to prevent confusion, staff proposes to adopt the Town's trail name, "Sequoias Trail," for the District trail. Trail Realign_m__ents (refer to Exhibit D) Realignment of the "bypass" trail that extends to the Kabcenell driveway proved somewhat challenging due to the many constraints in the area. The narrow 1,000-foot trail corridor, with the Kabcenell property line located on one side and Spring Ridge Trail on the other, offers minimal flexibility to provide a new alignment. Moreover, the density of trails in this area is greater than at most preserves. In order to correct the drainage problems of the original alignment and maintain a maximum 10% gradient, staff determined that the new trail would i R-01-88 Page 4 need to follow the contour line below the original trail. The preferred alignment travels through sections of oak woodland, chaparral, and grassland. The trail would begin at the same upper location to continue accommodating visitors wishing to avoid the lower switchbacks of the Spring Ridge Trail, while providing a pleasant trail experience and the panoramic views similar to those of the original alignment. During the exploration of other trail circulation improvements, staff identified an opportunity to convert the problematic lower reach of the Spring Ridge Trail into an all-weather trail. This 540-foot long reroute would allow abandonment of the lower steep turn that is often difficult for patrol vehicles and visitors because of muddy soils. This reroute would also allow the closure of a poorly drained section of road that passes a sensitive seasonal sag pond formed by the San Andreas Fault. This section of road is seasonally impassable to patrol vehicles and presents a precarious and muddy experience for visitors. In years of heavy rain, this sag pond may contain water into early summer. Drainage improvements could be installed on the road,but because of the fault geology, would present an ongoing maintenance challenge. The proposed reroute would gradually climb at a maximum 10%grade (the District standard)up approximately 50 vertical feet through chaparral and oak woodlands to connect with the Kabcenell driveway. At that point patrol vehicles headed for the Alpine Road gate would proceed down the driveway, and visitors could choose between using the driveway or the proposed trail. This trail reroute greatly simplifies the circulation network in the area, reducing duplication and excessive trail density. Issues surrounding the shared use of the Kabcenell driveway as a private driveway and public trail prompted staff to consider a new off-driveway multiple use trail that would begin at the bridge crossing. This alternate trail would allow the public to access the interior of the preserve without traveling on the driveway, minimizing potential conflicts between trail users and vehicles on the driveway. The proposed trail meanders along the edge of the lower meadow and the Corte Madera Creek riparian corridor,proceeds uphill past the Eagle Trail connector, and continues through the upper meadow to join the proposed "bypass"trail. Staff selected an alignment with minimal views of the driveway and, to reduce the potential for shortcutting between the trail and the driveway, with limited sharp turns. USE AND MANAGEMENT COMMITTEE RECOMMENDATION Staff presented the proposed trail improvements, including several trail alignment options, at a public Use and Management Committee meeting on site (March 24, 2001) and at the main office (April 5, 2001). in addition, staff met with various interested parties including representatives from the Portola Valley Trails Committee, The Sequoias representative, the Portola Valley Town Planner, and with the Kabcenells. i The Use and Management Committee considered the alternatives presented by staff and comments from the public to arrive at the recommended Use and Management Plan Amendment described below. Since this meeting, several members of the public have commented on the R-01-88 Page 5 recommended Use and Management Plan Amendment(see Exhibit E). The District has received ten written letters and seven verbal comments via telephone, most expressing an interest in opening the Betsy Crowder Trail to leashed dogs. Should you approve the Use and Management Plan Amendment, the trail construction projects can be scheduled for this fiscal year, but will probably continue into the first half of next fiscal year. The road reroute would be implemented in a second phase, most likely during the latter half of fiscal year 2002-2003. The Use and Management Committee recommends the following changes in the lower portion of Windy Hill Open Space Preserve: • Change the allowed uses on the Betsy Crowder Trail (formerly known as Sausal Trail) to permanently allow hikers, equestrians, and leashed dogs, but not to allow bicycles. • Install an observation area and close the perimeter around Sausal Pond to public use for resource protection. • Realign and make a minor expansion(a net increase of 80 lineal feet) to the existing unpaved trail and road network. Further, staff recommends adopting the name "Sequoias Trail" for a 0.2-mile trail that connects to the Town of Portola Valley trail, and formally designating the allowed uses to be permanent for hikers, equestrians, and leashed dogs, but not to bicycles. As provided under the Conditional Use Permit, the Town of Portola Valley Planning Commission reviewed the proposed Use and Management Plan Amendments at its July 9, 2001 public meeting, and delegated responsibility for a response to the Chair of the Planning Commission. A copy of the Town's written comments on the Use and Management Plan Amendment, as well as a memorandum from the General Manager regarding these comments, can be found in Exhibit E (attached). CEOA COMPLIANCE District staff prepared an Initial Study and Mitigated Negative Declaration evaluating the Use and Management Plan Amendment (for CEQA purposes, "the project") as recommended by the Use and Management Committee (Exhibit F, provided to the Board under separate cover). The Initial Study and Mitigated Negative Declaration found that a number of impacts simply do not apply to the project due to its minor nature and the low-intensity recreational character. The document also found that the project avoids many other impacts or minimizes them to a less- than-significant level because of project specific factors. Most notably, the Initial Study and Mitigated Negative Declaration found that the project will not adversely affect aesthetics, air quality,biological resources, cultural resources, geology and R-01-88 Page 6 soils, hazards and hazardous materials, hydrology and water quality, or recreation, because the incorporation of mitigation measures into the project has reduced the impacts to a less than significant level. Refer to the Initial Study itself for further discussion; however, each section is summarized as follows: • Aesthetics: During and immediately after construction, the exposed graded areas may temporarily affect the scenic vistas from northeast of the preserve. The proposed fencing and observation area may affect the existing visual character of the Sausal Pond area if not designed sensitively. The project mitigates these potential impacts by including requirements to ensure that all graded or restored areas are revegetated, that new trails blend into the natural terrain, that tree removal will be minimal, that fencing will be sensitively designed, and that the observation area will be small, low, and appear natural. • Air Quality: Seniors and exercising persons who have respiratory impairments are at higher risk of suffering adverse health effects from the minute, airborne dust particles that may be temporarily generated by construction activities. Site-specific dust control measures are incorporated into the project to address this potential impact given the presence of elderly and exercising persons in the area. • Biological Resources: A total of nine special status plant species have potential to occur in the project area and could be impacted if they are located within the proposed trail or road alignments. The project mitigates these potential impacts by including requirements to conduct focused plant surveys along the trail corridor, to avoid areas containing any rare perennials or shrubs, and to preserve the seed bank of any rare annual species on site. A number of special status animals have the potential to occur in the project area, including the California red-legged frog, and several species of hawks and bats. The construction of the observation area at Sausal Pond could result in impacts to adult red- legged frogs, and the construction of trails could impact dispersing juvenile red-legged frogs. The project mitigates these potential impacts by including requirements to place temporary fencing at the edge of the Sausal Pond construction zone to prevent movement of frogs into the area, to conduct pre-construction surveys, and to monitor during construction. The removal of trees and construction disturbance during the bird breeding season has the potential to disrupt breeding and nesting raptors (hawks), passerines (jays and woodpeckers), and bats. The project mitigates these potential impacts by including requirements to conduct surveys before removal of trees over 12 inches in diameter,to avoid removing trees during the nesting season, and to protect a buffer zone at active nests during construction. The project has the potential to impact special status natural communities, including Federally protected wetlands. The project mitigates these potential impacts by including requirements to revegetate disturbed areas and avoid wetland areas. R-01-88 Page 7 • Cultural Resources: The project has the potential to disturb known or unknown historical resources, and unknown archaeological resources and human remains. The project mitigates these potential impacts by including requirements to avoid damage to known subsurface cultural resources, and to stop work if unknown cultural resources are encountered during construction until the situation can be evaluated. Every reasonable effort will be made to reroute the trail to avoid newly discovered cultural resources. • Geology and Soils: The proposed trail and road realignments could potentially create conditions leading to soil erosion or loss of topsoil. The project mitigates this potential impact by including requirements to avoid trail gradients in excess of 10%-12%, and to use protective erosion control measures in areas disturbed by construction. • Hazards and Hazardous Materials: It is possible that incidental oil and gas from construction machinery could be released into the environment. The project mitigates this potential impact by including a requirement to follow accepted practices for spill prevention and hazardous waste management. • Hydrology and Water Quality: The proposed trail and road realignments could alter existing drainage patterns, potentially creating conditions leading to soil erosion or degraded water quality. The project mitigates this potential impact by including specific trail and road drainage design requirements, such as outsloping, rolling dips, and erosion control. To avoid the possibility of inundation by seiche at Sausal Pond (a seismically induced water wave) the observation area is required to be sited five vertical feet or more above the pond's high water line. • Recreation: The potential adverse impacts associated with the proposed modifications to the preserve's recreational facilities are mitigated as discussed in the other sectionsabove. Comments Received Prior to determining whether to adopt a negative declaration, the District is required to consult with responsible agencies and agencies with legal jurisdiction over natural resources. In response to this requirement, the Town of Portola Valley and the California Department of Fish and Game (CDFG) were provided with a copy of the Mitigated Negative Declaration and Initial Study, thus giving them an opportunity to review and comment. The US Fish and Wildlife Service (USFWS) was also consulted informally in the process of preparing the Biological Assessment and their comments were integrated into the report. Because CDFG is a state agency, the Mitigated Negative Declaration and Initial Study were also submitted to the State Clearinghouse of the Governor's Office of Planning and Research. The Clearinghouse review period closed on July 17, 2001. As of this writing, comments were received from CalTrans, and the California Department of Fish and Game (CDFG) (See Exhibit G). CDFG's comments suggest that the District confer further with the USFWS regarding the use of temporary exclusionary fencing to keep California red-legged frog out of the construction area near Sausal Pond. The District's biology consultant has initiated discussion with both R-01-88 Page 8 CDFG and USFWS to reach a consensus on the use of exclusionary fencing. Further information will be provided at the Board meeting, if available. Nonetheless, these comments did not include additional substantial evidence that the significant environmental effects might occur despite the project revisions and measures included in the Mitigated Negative Declaration. Mitigation Monitoring Program In accordance with CEQA, the District has prepared a Mitigation Monitoring Program, which describes the mitigation measures and monitoring process for the Use and Management Plan Amendment (See Exhibit H). The Mitigation Monitoring Program insures that the all measures adopted to mitigate potentially significant environmental impacts will be implemented. The Board is being asked to approve the Mitigation Monitoring Program. CEQA Findings Staff recommends that you make the following findings, based upon the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring Program, all comments received and substantial evidence in the whole record before the Board: 1. Prior to approving the project that is the subject of the Mitigated Negative Declaration,the pp g P J J g g Board has considered the Mitigated Negative Declaration and Initial Study, along with all comments received during the public review process. 2. The Board determines that the Mitigated Negative Declaration and Initial Study reflect the District's independent judgement and analysis. 3. The Board determines that the revisions made to the Use and Management Plan Amendment, before the release of the Mitigated Negative Declaration and Initial Study for public review, avoid the effects or mitigate the effects to a point that clearly no significant effect on the environment would occur under CEQA. 4. The Board finds that there is no substantial evidence in light of the whole record before the Board that the proposed project, as revised, may have a significant effect on the environment. 5. The Board adopts the attached Mitigation Monitoring Program, which it requires to be implemented as an element of the Use and Management Plan Amendment. PUBLIC NOTIFICATION A notice describing the project, the District's intent to adopt the Mitigated Negative Declaration, and this public meeting was mailed on June 15, 2001 to property owners within a 300-foot radius of the preserve. At the same time, this notice was mailed to other parties who have previously identified themselves as generally interested in Windy Hill Open Space Preserve, in dog use issues, and in equestrian use issues. This notice was also posted on-site, on the District Web page, and submitted to the Clerk of San Mateo County to post for 30 days. The Mitigated R-01-88 Page 9 Negative Declaration and Initial Study were made available for public review during the Town Hall, and the Portola Valley Library. A legal notice was published on June 20, 2001 in the Country Almanac describing the Use and Management Plan Amendment and indicating the District's intent to adopt the Mitigated Negative Declaration, Therefore, all public notice requirements of CEQA have been met. Prepared by: Sandy Sommer, Senior Planner Ana Ruiz, Open Space Planner I Contact person: Sandy Sommer, Senior Planner Exhibits: A. Study Area Location B. Proposed and Existing Trails C. Location of Recommended Habitat Protection Measures for Sausal Pond D. Trail Improvements Recommended by the Use and Management Committee E. Comments Received on Use and Management Plan Amendment F. Initial Study and Mitigated Negative Declaration (under separate cover) G. Comments on Mitigated Negative Declaration H. Mitigation Monitoring Program EXHIBITS A, B C, and D ► i\ i i WINDY HILL OPEN SPACE ESERVE Saosat , MIDPENINSUTA REGIONAL OPEN SP DISTRICT $-- �1 r ! Pond 1 0.6 1000 � 3 �Cti r2 Spring Midge Trail 0 of " 1.6 0.2 a r cc f 0.4 ��.� 0.2 ned � I a 0.2 . .,,,,•�,..,' ,ice;' =� .;.. //• G h a 2.6 0.0 .3 '` Windy Hill Open Spoe Preserve Name of Trail/Road Line Type Length ft 6 \ �_ w�'°' !O�" Driveway — 2350 Lower Meadow Trail 750 Old Bypass Trail 2120 Lands of \ Parking Entrance ---------- 350 The Sequoias Road Reroute 540 �..�• Road to Restore 1200 Betsy Crowder Trail 3190 ' Segment to Eagle Trail 90 Lower Spring Ridge Trail 0 8710 \ 4 To Town Trail 560 Upper Meadow Trail 480 Connection to SRidge 1630 �sy \ i a 0v 800 \ \ � .` O o INN Cr CQnnecti °a \ �. On to tD q O ) Silting Rld9e °4 Rc'st0 1000 a9 Pon / Awe -al OC Oer Meadow _: r Trail f 1 o e ' ead o 800 � �--_ � /� `.-'' \ Kati°'•' � _-^:'.t _ eey, Lands of abcenell a boa 800 itFs EXHIBIT B: Proposed and Existing Trails 500 0 500 1000 Feet Contour intervals: 40 feet Location of Recommended Habitat Protection Measures for Sausal Pond :: ! � \. <• yf�, r ( j sue+ ` f ' '�"�""fr+`,� f f. �'.- " � f•r' wy R �� �"'t � ^�,,f����r� 'J� ��-J,. ON \'�'�\�.y,,. i ^��.'• Jinn E'� �f .? �vY,'�''` Y �a `�Kyy, '`9`� The Sequoias 1 Fence .h Overlook w/ si nin Close & restore undesignated use trails at . .• .• •••••pond edge r r f •••' der�• •� _ • fZ. •• 00 ••• lo@ �••i Fence f. Close area t . f _ , / t t � 1 'Y. • ' { _ public messes Vr .. • f /(!/ter _ f . �a EXHIBIT C ' a . , �, •., < , r. � �- .,. gib, � Trail Improvements Recommended by the Use and Management Committee •'•� ,t, T e Sequoias 4 .Lj-w" `� •, } �i •CD \ `'�. �� \ 4- M4\ '� '_,i ,.. ' , C} yR,• r �t \9 \� A � � •• /YAK _ - �.�� - \ �� "..`•... � • �0� + fly Spy `� A o_nne ?,elf: tea.. �stA Ct/0 �� 1w. w•*i#*•.# ,4* to `Spry \ � �w Road,fo *. •. n R �gL oa�. •. Res ore .` ` ww 80 } *, z \� PP f 4 , t Meaadovo . .y il Ce S-01 X�too- 21 0 ra eels roc 164 T.ra___I!- 'r Lands of Kabeenell EXHIBIT D EXHIBIT E Regional Open Sj ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M e o riandum To: Board of Directors From: Craig Britton,General Manager Re: Town of Portola Valley comments Date: 07/20/01 © For Your Use ❑ For Review ❑Please Comment ❑ Please Reply ❑As Requested e Comments: Attached,please find the Town of Portola Valley's comment letter on the Use and Management Plan Amendment for the lower area of Windy Hill Open Space Preserve. The Town's comments center around the observation that the proposed 540-foot Spring Ridge Trail reroute,with its 10%gradient,would be less preferable to the Town than the current alignment,which follows a level gradient. The letter proposes that the current alignment be retained as a trail rather than be replaced and restored to its natural,pre-trail state. The letter also states that this request is based upon the Town's General Plan Trails and Paths Element Diagram,which shows an equestrian and pedestrian trail along an existing unpaved road(see attachment to this memo). Ordinarily,the trail element of a General Plan would not be expected to specify precise trail alignments as it is a only a policy guide,which needs to be refined by information based upon site- specific conditions in the field and on careful study not possible in a general-level document. The Town's General Plan Trails and Paths Element itself recognizes the flexible nature of the trail alignment diagram, and states: "The trails and paths shown on the trails and paths diagram include those presently developed and those proposed on public rights-of-way or easements,together with new trails in locations where no right-of-way or easement exists at present. Some trail and path routes are indicated as being on or adjacent to public streets or easements or following property lines,and such locations are intended to be controlling. Where proposed trails or paths traverse unsubdivided lands,routes are intended to indicate general location and could be secured even with considerable variation in location and alignment."(page 124,line 3203). Given this policy context,the proposed road reroute within the preserve clearly meets the intent of the Town of Portola Valley's General Plan Trails and Paths Element. Prior to recommending the 540-foot road reroute,District staff evaluated numerous alternative scenarios. Staff identified a need to address the problematic lower reach of Spring Ridge Trail,which involves a steep turn that is difficult in winter for patrol vehicles and visitors because of muddy soils. Also problematic is a poorly drained section of road that passes a sensitive seasonal sag pond formed 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-04$5 • E-mail:mrosd@openspace.org + Web site:www.openspace.org NO_ l ®- Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton July 20,2001 by the San Andreas Fault. This section of road is seasonally impassable to patrol vehicles and presents a precarious and muddy experience for visitors. Drainage improvements could be installed on the road,but because of the fault geology,would present an ongoing maintenance challenge. The proposed reroute would gradually climb at a maximum 10%grade(the District standard)up approximately 50 vertical feet through chaparral and oak woodlands to connect with the Kabcenell driveway.At that point patrol vehicles headed for the Alpine Road gate would proceed down the driveway, and visitors could choose between using the driveway or the proposed trail. Given concerns over excessive trail density,natural resources,and maintenance costs, staff recommended that,if a road reroute were to be constructed,the prior road alignment should be closed and restored to a natural state. Use and Management Committee then considered these alternatives during a site visit that was also attended by representatives and citizens from the Town of Portola Valley. The recommendation currently before the Board is based upon the consensus reached by the Use and Management Committee after carefully considering the public's opinions and recommendations. The Town's request is neither supported by District staff analysis nor the recommendations of the Use and Management Committee. If the Board of Directors feels that the Town's request merits consideration,it is staff s recommendation that the matter be referred back to the Use and Management Committee for further study and analysis. • Page 2 -GOWcn of �POO OLA UALLET Town Hall: 765 Portola Road, Portok Val)l�,y, ;* Tel; (650) 851-t 700 Fax: (650) 851-4677 July 18, 2001 Mr.Pete Siemens,President Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 Subject: Mitigated Negative Declaration,Proposed Use and Management Plan Amendment for the Lower Area of Windy Hill Open Space Preserve,June 20,2001 Dear Mr. Siemens: Thank you for referring the referenced proposed negative declaration to Portola Valley for review and comment. The planning commission reviewed the document at its meeting on July 9 and the trails committee reviewed the document at its meeting on July 12. The comments of both the planning commission and trails committee focus on the proposed changes to the use and management plan. As you may know, the conditional use permit approved by the town in 1991 for the Windy Hill Open Space Preserve provides that prior to modification of the Comprehensive Use and Management Plan,such modification shall be referred to the town's planning commission at least 30 days prior to adoption. The town's comments are therefore in response to such referral. r The planning commission found the proposed changes acceptable with one exception. The commission requests that the facility noted as "Road to Restore," shown on Figures 2 and 3, be retained as a trail but no longer serve as a road. This alignment has been shown on the town's Trail and Path Element of the General Plan since 1970 longbefore MROSD acquired the land. q The General Plan shows this trail as starting at the north end of the town, near the Presbyterian v 1 at the base of the hillside n bypassing Portola Road b staying at a low lee e s Church and the YP g Y Y g on the western edge of the valley and eventually connecting with Alpine Road. This has been intended as a path with very gentle grades that would allow people of all ages to use the facility. Also, the section labeled "Road to Restore" is a very attractive and almost level part of this long-planned route. We know this section has some drainage problems,but believe they can be solved with minor P und er the path at two or three locations. Also, a trail will require much less width than does a road. The alternate route shown on Figures 2 and 3 has considerably more grade and is acceptable as a road,but does not replace the trail function of "Road to Restore." The trails committee's position is consistent with that of the planning commission (please see enclosed trails committee memo dated July 17,2001). The other changes shown in the negative declaration we concur with,including-: fencing proposals, observation area at Sausal Pond, use limitations on the Betsy Crowder trail, abandonment of the Old Bypass Trail,provision of the trails labeled Connection to Spring Ridge,Lower Meadow Trail and Upper Meadow Trail, and Rd. Reroute. We do point out, and will require a it however,that gradingfor the Rd. Reroute will be considerable a e site q development permit from the town. Again,we appreciate the opportunity to comment on the proposed changes to the use and management plan. Sincerely, Craig 7reon,Chairman,Planning Commission cc. Trails Committee encl. o0 MEMORANDUM TOWN OF PORTOLA VALLEY To: Craig Breon, Chair, Portola Valley Planning Commission From: Portola Valley Trails Committee Re- Proposed changes on lower Windy Hill Date: July 17, 2001 The committee received the MROSD proposed use and management amendment on June 25, 2001 and discussed the suggested changes at its July 12 meeting. Following are the results of our discussion: 1) The committee heartily agrees with the proposal to allow equestrians and dogs on the Betsy Crowder trail. We also agree with the idea of constructing a wildlife observation area at a location overlooking Sausal pond. A commemorative bench, donated by the town, is available for placement on the observation deck. Our committee has no position on fencing around the pond. 2) The committee agrees with realigning the old bypass trail connecting Spring Ridge Trail and Alpine Road. 3) The consensus of the committee is to agree with the new "road reroute" at the corner of Spring Ridge, even though the new road will have significant grades. The new bypass trail is acceptable to the committee. 4) The committee would like to see the current road connecting Spring Ridge Trail and Alpine Road (marked "road to restore" on the map) retained as a trail . This trail, together with lower Spring Ridge, provides an easy, relatively flat walking trail that is attractive to school groups, seniors and other pedestrians. We believe that eliminating this portion of trail would be a significant loss to the trail system. We appreciate MROSD's concerns with regard to the environment. However, from a trails point of view, the current trail is preferable to the proposed trail. 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L.�r `� A `�{I�''J � e /„ 1 t=�t' � %'r',•,v';="-s'e''• =vF `\'\' ._,.. `t t� 'I•.-'!�{ ./ �uvfer)d �. /1 �;, „�r t``� {� r ( � j writ s ,�,�•. ���'.�t�'tii„\t,� �,2, � { � ` �w_.. e `� ,..•f ��/,�/�r/' ',�t,� ��.y°�' i�U' 1.�, ��€ �i :11,w ,.5,�••4-\�::::;....,::.- `;�.•`...-.,,1��',rs� }�, / 'yt/ .' ti. r �, }�, I�' F,/ a ��,��x,e•. f/ac •� ��,'.••'@'`/ �'�A ({ i• "�'� °''�•eM.,.4 y "1" `�+f, .cs f ,`, .°>ry:A� '� � `f{.,s ; t• Page 1 of 1 Ana Ruiz From: MROSD <mrosd@openspace.org> To: <Joe@ Marshal lSystemsCo.com> Sent: Wednesday, June 27, 2001 10:18 AM Subject: Re: Please provide additional dogs access to open space Mr. and Mrs. Marshall, Thank you for your e-mail. Your message has been forwarded to the appropriate District staff members for their information and review. Sincerely, Kristi Webb Public Affairs Specialist Midpeninsula Regional Open Space District 650-691-1200 www,openspace.org ----- Original Message ----- From: Joe Marshall <imarsha2aa,earthlink.net> To: <mrosd car openspace.org> Sent: Wednesday, June 27, 2001 8:29 AM Subject: Plere provide additional dogs access to open space >As residents of San Mateo County, we urge you to provide access to > additional trails and open space areas for people with dogs rather than >restricting them to people without dogs. >Thank you for opening up portions of Windy Hill. Please also open access to >the Sausal Pond Trail. >Joe Marshall >Mollie Marshall 6/27/01 % Page I of I Ana Ruiz From: IVROSD <mrosd@openspace.org> To: Dan Bernstein <dbernstein@argotech.com> Sent: Wednesday, June 27, 2001 5:26 PIVI Subject: Re: Former Sausal Pond Trail Mr. Bernstein, Thank you for your e-mail. Your message has been forwarded to the appropriate District staff members for their information and review. Sincerely, Kristi Webb Public Affairs Specialist Midpeninsula Regional Open Space District 650-691-1200 ----- Original Message ----- From: Dan Bernstein<dbemsteinaanzotech.com> To: <mrosd@QppnVace.org> Sent: Wednesday, June 27, 20013:25 PM Subject: Former Sausal Pond Trail >Dear Board Members, > >I am writing because I will not be able to attend this evenings meeting, but >I want to register my support for allowing dogs to use the Sausal Pond Trail > at Windy Hill Open Space Preserve. > Sincerely, >Dan Bernstein > 6/28/01 40 Page I of I Ana Ruiz From: MROSD <mrosd@openspace.org> To: <susanc@rahul.boxmail.com> Sent: Tuesday, June 26, 2001 9:36 AM Subject: Re: dogs at Windy Hill Ms. Cole, Thank you for your e-mail. Your message has been forwarded to the appropriate District staff members for their information and review. Sincerely, Kristi Webb Public Affairs Specialist Midpeninsula Regional Open Space District 650-691-1200 ----- Original Message----- From: Susan Cole<susanc@slip.net> To: <mrosdOoDensDace.or2> Cc: <susanc@rahul net> Sent: Friday, June 22, 2001 11:24 PM Subject: dogs at Windy Hill >Dear MROSD representatives, >I'd like to offer my support for opening the former Sausal Pond Trail at >Windy Hill to people with dogs. The ability to enjoy the outdoors with >our dogs is such an important part of life for us and them, and there > are so few places left where we can do this beyond the realm of the > sidewalk. > Sincerely, > Susan Cole >Palo Alto 6/26/01 96 % Page 1 of 1 Ana Ruiz From: MROSD <mrosd@openspace.org> To: elisabeth hansot<hansot@leland.stanford.edu> Sent: Tuesday, June 26, 2001 9:41 AM Subject: Re: dogs on the former Sausal Pond Trail at Windy Hill. Ms. Hansot, Thank you for your e-mail. Your message has been forwarded to the appropriate ro riate District staff members for their information and review. Sincerely, Kristi Webb Public Affairs Specialist Midpeninsula Regional Open Space District 650-691-1200 www.open�ace.org ----- Original Message----- From: elisabeth hansot<hansot leland.stanford.edu> To: <mrosdt7a,op ens pacq.r Sent: Saturday, June 23, 2001 9:35 AM Subject: dogs on the former Sausal Pond Trail at Windy Hill. >Dear Folk, >I support without qualification the proposal to MROSD Board of Directors >to allow dogs on the former Sausal Pond Trail at Windy Hill. I regret I >cannot make the next board meeting on Wednesday June 25 at 7:30 PM to voice >my support in person. >Elisabeth Hansot > >Elisabeth Hansot . I 6/26/01 1 I I � � Page 1 of 1 Ana Ruiz From: MROSD <mrosdQa openspace.org> To: <m ike@m ikeforster.net> Sent: Tuesday, June 26, 2001 9:46 AM Subject: Re: Allow dogs at Windy Hill Mr. Forster, Thank you for your e-mail. Your message has been forwarded to the appropriate District staff members for their information and review. Sincerely, Kristi Webb Public Affairs Specialist Midpeninsula Regional Open Space District 650-691-1200 www.open�ace,org ----- Original Message----- From: Mike Forster<mike(a7mikeforster.net> To: <mrosd a op enspace.org> Sent: Monday, June 25, 2001 9:10 PM Subject: Allow dogs at Windy Hill >Dear MROSD representatives, >I an strongly in favor of opening the former Sausal Pond Trail at Windy >Hill to visitors with dogs. > Our Bay Area needs more places where dogs are known to be welcome, so >they are their owners can enjoy their companionship in(relatively) >natural surroundings. > Sincerely, >Mike Forster >Palo Alto 6/26/01 Page I of I Kathleen Hart From: MROSD <mrosd@openspace.org> To: <Hufty@aol.com> Sent: Tuesday, April 10, 2001 9:13 AM Subject: Re: Windy Hill Thank you for your e-mail. Your message will be forwarded to Director Little. ----- Original Message----- From: <Huft 7aol.com> To: <q4�osd@openspacq.or g>; <4i!cka4,b est-com>; <ejfv earthlink.com>; <Iyllqe idavisdata.cqm>; <PvtrailriderAaol.com>; <SusanBeeG(a_),aoLcom>; <rknpari2@yahoo.com> Sent: Tuesday, April 10, 2001 8:57 AM Subject: Windy Hill > Mr. Deane Little, chair > Use and Management committee > and the Board of MROSD > 330 Distel Circle > Los Altos, Ca > 94022 > Dear Deane, April 10, 2001 > Thank you so much for taking the time to really get to know the trails on > Windy Hill and its users. The Trails Committee of Portola Valley is fully in > support of your recommendations to the Board on Sausal (The Betsy Crowder?) > Trail. > We also, are very happy with your staff recommendation of Alternate 2 > with both on and off driveway routes at the Kabcenell driveway with the > Meadow Route on Segment 2, if possible. > It was a pleasure to spend a beautiful afternoon in such a glorious and > well conserved open space with your committee. > Sincerely, • Mary Page Hufty, MD, • Chairman Portola Valley Trails Committee 4/20/01 Page I of 2 Kristi Webb From: Judy Doyle <jrdbass@aftglobal.net> To: <mrosd@openspace.org> Sent: Thursday, April 05, 2001 10:14 PM Subject: The Public Meeting held on April 5, 2001 regarding Windy Hill Use Plan I attended the public meeting tonight regarding the formulation of Windy Hill use and management recommendations. I just wanted to let you know how very impressed I was with the thoughtful and reasonable manner li in which all the issues were evaluated. The committee members and the staff were extremely well-versed, and were very responsive and intelligent in exploring and addressing the various concerns raised by the public. (I'm sure there must be times when it's quite a tough job to satisfactorily resolve problems of folks who have conflicting desires regarding usage of the preserves.) I wanted to write and express my gratitude for being able to use and enjoy such a wonderful place as the Windy Hill preserve! And I want to thank all of you who manage the open space preserves. You're doing a great job! Our community is so lucky! ( Please pass along our thanks to all those involved.) Yours truly, Judy Doyle 120 Andeta Way Portola Valley, CA 4/6/01 Page I of I Kristi Webb From: Roger D. Lanser<Ianser@netbox.com> To: <mrosd@openspace.org> Sent: Thursday, April 05, 2001 2:14 PM Subject: Sausal Pond Trail at Windy Hill Please open the Sausal Pond Trail at Windy Hill for dogs. It is a very nice trail that I and my Portola Valley neighbors would like to utilize when we take our dogs along on hikes of the area that we live in. Thank you, Roger D. Lanser 225 Portola Road Portola Valley, CA 94028 650-851-1478 4/6/01 Page 1 of 1 Kristi Webb From: Barbara Thurston-Lanser<btlanser@hotmail.com> To: <mrosd@openspace.org> Sent: Thursday, April 05, 2001 9:16 PM Subject: Sausal Pond Trail at Windy Hill Please open the Sausal Pond Trail at Windy Hill for dogs. I enjoy my morning walks and would like to incorporate the Sausal Pond Trail in our daily regiment. Thank you, Barbara Thurston-Lanser I Get your FREE download of MSN Explorer at http•//explorer.msn.com e 4/6/01 00 Page I of I Kristi Webb From: Deborah Goldeen <dgoldeen@batnet.com> To: <mrosd@openspace.org> Sent: Monday,April 02, 2001 8:53 PM Subject: Sausal trail Dear MROSD - Am a frequent hiker of Spring Ridge/Hamm's Gulch loop (with dogs). Would very much like to see Sausal Trail open to dogs. First, it is a wide, well graded trail so I don't see why dogs are barred from it. More importantly, the initial section of the Spring Ridge road (the section which would otherwise be covered by the Sausal trail) has a very steep, clay section. When it is even slightly moist it becomes very slippery. Tricky enough to hike down,but downright trecherous when holding onto your dog. D. Goldeen-Palo Alto 4/5/01 SUMMARY OF PUBLIC COMMENTS VIA TELEPHONE (Comments Prior to U&M Committee Meeting) 4/401 Trish Hooper: Called in to determine if proposed changes included the closure of Spring Ridge Trail. She was reassured that the trail would remain open to users. Also questioned whether horses and hikers can both "fit" on Sausal Trail. Staff explained the "experiment" that was conducted at the onsite public workshop where horses, hikers, and dogs were able to pass each other on the trail. The explanation and experiment seemed sufficient. 4/4/01 Leslie Field: Expressed her desire to see the unnamed shortcut trail remain open since it provides great views of the surrounding hills and open space. Staff explained the reasoning for the realignment, which has been planned for several years. The new alignment will still ead visitors to the same general locations but will follow the natural contour to provide positive drainage. The existing alignment follows the nose of the ridge that results in surface water running straight down the trail, eroding the surface down to the bedrock. Ms. Field was happy to know that the proposed alignment will still allow for long loops via Sausal Trail. She hopes that the new alignment will still offer some of the wide-range views of the hillsides. 4/4/01 Ann Hillman: Requests that the overlook area remain as natural and as undeveloped as possible. She prefers to keep the area as it now stands, without additional improvements and would rather see educational signage and some fencing rather than a designated overlook. 4/3/01 Dr. Bill Clark: As a Sequoias resident and birdwatcher, Mr. Clark understands the need to protect the resources of Sausal Pond. He desires the overlook to be located further south of the proposed location to allow visitors visual access to waterfowl that resides at this end of the pond. He also hopes Sausal Trail will remain closed to bicycles. Mr. Clark feels that the trail is too narrow to accommodate both elderly hikers who have slower reaction times and faster moving bicycles. Mr. Clark points out that Sausal Trail as a loop trail is highly popular among many Sequoias residents and that many would opt to walk their dogs along the loop if it were open to companion dogs. 4/2/01 Harvey Ray As executive director of The Sequoias, Mr. Ray feels that the resident's greatest concern is maintaining bicycles off Sausal Trail for safety reasons. 4/2/01 Marty Coddington:Equestrian from San Mateo who boards a horse in Woodside supports recommendation to keep Sausal Trail open to horses. 3/27/01 Carol Jacobs: Ms. Jacobs is in favor of opening Sausal Trail to dogs. As a resident of The Sequoias, she feels that the trail offers a good loop hike for elderly residents with dogs. EXHIBIT F INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Document is available for review or purchase at the District Office. Please contact Sandy Sommer, Senior Planner at (650) 691-1200 for more information or stop by the District office in person at 330 Distel Circle in Los Altos. EXHIBIT G State of California-The Resourc ency GRAY DAVIS, Governor DEPARTMENT OF FISH AND GAME http //www.dfq.ca.gov POST OFFICE BOX 47 YOUNTVILLE, CALIFORNIA 94599 (707)944-5500 July 5, 2001 D JUL Ms . Sandy Sommer 6 2001 Midpeninsula Regional Open Space District 330 Distel Circle MIDPENINSULA REGIONAL 0 EN Los Altos, CA 94022 SPACE DISTRICT Dear Ms . Sommer: Mitigated Negative Declaration, Windy Hill Open Space Preserve Use and Management Plan, San Mateo County Department of Fish and Game personnel have reviewed the Mitigated Negative Declaration for the 2001 amendment to the g 9 Windy Hill Open Space Preserve Use and Management Plan, which calls for modifications to the existing trail system on the lower portion of the Preserve. The area is near the town of Portola Valley in San Mateo County, and provides low-intensity recreational use for hikers, equestrians, and bicyclists . We offer the following comments for your consideration. The plan calls for installation of temporary fencing to exclude red-legged frogs (Rana aurora draytonii) from the Sausal Pond area during construction of an observation deck. While we realize that the intent of this measure is to prevent take of frogs, some frog experts believe that exclusionary fencing may result in a higher likelihood of take than if the frogs were free to move throughout the area. Since the red-legged frog is a Federally-listed species and any unauthorized take would violate the Endangered Species Act, we recommend that the District consult with the U. S . Fish and wildlife Service to determine the best means of protecting this species . We recommend that the observation deck be raised above the high water level . This will be more effective in reducing visitor intrusion into adjacent shoreline areas than placement at ground level . Ms. Sandy Sommer July 5, 2001 Page 2 i Thank you for the opportunity to comment on this project . have 1 contact Jeannine DeWald If you a e any questions, please c , Associate Biologist, at (831) 724-6745; or Scott Wilson, Habitat Conservation Supervisor, at (707) 944-5584 . Sincerely, 1 4ob ert W. Floerke Regional Manager Central Coast Region CC : State Clearinghouse STATE OF CALIFORNIA—BUSINESS TRANSPO N AND HOUSING AGENCY RAY DAV15.govemor DEPARTMENT OF TRANSPORTATION P. O. BOX 23660 OAKLAND,CA 94623-0660 (510)286-4444 TDD(510)286-4454 June 25, 2001 SM-035-10.52 File# SM035061 SCH#2001062080 Ms. Sandy Sommer, Senior Planner Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Ms. Sommer: 2001 Amendment to Windy Hill Open Space Preserve—Mitigated Negative Declaration Thank you for including the California Department of Transportation in the environmental review process for the proposed project. We have examined the above-referenced document, and are satisfied that the project will not have a significant impact to State highway facilities. Should you require further information or have any questions regarding this letter, please call Maija Cottle of my staff at(510) 286-5737. Sincerely, HARRY Y. YAHATA District Director By - JUN 2 7 2C01 JEAN C. R. FINNEY I District Branch Chief IGR/CEQA EXHIBIT H MITIGATION MONITORING PROGRAM USE AND MANAGEMENT PLAN AMENDMENT FOR THE LOWER AREA OF WINDY HILL OPEN SPACE PRESERVE State Clearinghouse Number 2001062080 Portola Valley, San Mateo County, CA July 17, 2001 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 (650) 691-1200 MITIGATION MONITORING PROGRAM CONTENTS This mitigation monitoring program (MMP) includes a brief discussion of the legal basis and purpose of the program, a key to understanding the monitoring matrix, discussion and direction regarding noncompliance complaints, and the mitigation monitoring matrix itself. LEGAL BASIS AND PURPOSE OF THE MITIGATION MONITORING PROGRAM Public Resources Code (PRC) 21081.6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying an environmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act(CEQA)process. MONITORING MATRIX The following pages provide a series of tables identifying the mitigations incorporated into the Use and Management Plan Amendment for the lower portion of Windy Hill Open Space Preserve (the project). These mitigations are reproduced from the Negative Declaration for the project. The columns within the tables have the following meanings: Number: The number in this column refers to the mitigation identified in the Negative Declaration for the project. Mitigation: This column lists the specific mitigation identified within the Negative Declaration. Timing: This column identifies at what point in time, review process, or phase the mitigation will be completed. The mitigations are organized in roughly chronological order relative to the time of implementation. Agency/Department This column references any public agency or District Consultation: department with which coordination is required to ensure implementation of the mitigation. District departments are listed as Planning or Operations. California Department of Fish and Game is listed as CDFG. Verification: This column will be initialed and dated by the individual designated to confirm implementation. NONCOMPLIANCE COMPLAINTS Any person or agency may file a complaint asserting noncompliance with the mitigation measures associated with the project. The complaint shall be directed to the District's General Manager in written form, providing specific information on the asserted violation. The General Manager shall cause an investigation and determine the validity of the complaint; if noncompliance with a mitigation has occurred,the General Manager shall cause appropriate actions to remedy any violation. The complainant shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance issue. Department De art Verification P or Agency (Date and Number Mitigation Timing Consultation Initials) REQUIREI) PRIOR TO COMPLETION 01"CONSTRUCTION DOCUNIENTS Mitigation in Mitigation incorporated into the project for potential impacts to special-status plants Verify completion of Planning section IV(a): species: focused plant surveys In order to determine the presence or absence of several special-status plant species prior to completion of that may potentially occur within the project area,a habitat assessment will be Construction Documents. conducted prior to construction of the trails.Two of the species potentially occurring on site,robust monardella and Diablo helianthella,would be easily If perennial and shrub identified as they are perennial herbs.A third species,western leatherwood,would special-status plant also be easily identified, as it is a deciduous shrub. species are present and cannot be avoided,an on- To date,the proposed timing of the project is outside the window of identification site mitigation plan shall for two of the annual herb species, forget-me-not popcorn flower and San Francisco be prepared in collinsia.However, seasonal focused rare plant surveys will be conducted for the consultation with CDFG remaining seven species,as outlined in the USFWS and the CDFG survey protocols prior to completion of (CDFG 1996),within the project area of the WHOSP prior to construction. One Construction Documents. survey will be conducted in June,when late spring-flowering plant species would be identifiable in the field. A second survey will be conducted in August or September. If trail creation is to occur during the spring season of the 2002,plant surveys,to determine presence or absence,will be conducted in April prior to ground disturbance. To prevent loss of individual plants,proposed trail and road alignments will be walked prior to construction. Once presence or absence is determined for special- status perennial herbaceous species,areas supporting the species will be avoided where possible. If a special-status plant species cannot be avoided,a mitigation and monitoring plan detailing the location and acreages of on-site mitigation will be developed based on consultation with the appropriate agency, such as CDFG. Areas proposed for revegetation and restoration will be included as part of the on-site mitigation. 1 1 Department Verification or Agency (Date and Number Mitigation Timing Consultation Initials) Mitigations in Mitigation incorporated into the project for potential impacts to federally protected Verify prior to Planning section IV(c): wetlands completion of The proposed observation area will be placed five feet above the high water mark to Construction Documents avoid potential impacts from seismically-induced water waves(seiche)from a potential earthquake. See Section VH0)for further details.As a result,impacts to wetlands would be avoided. Mitigation in Mitigation incorporated into the project for potential inundation by a seiche Verify prior to Planning section VIII0): To avoid the possibility of inundation by a seiche, site the observation area at an completion of elevation five feet or more above the high water line. Construction Documents REQVIRE IN CONSTRI.-CTION I)OCt-NIENTS, VERIFY PRIOR To START OF CONSTW�CTION Mitigation in Mitigation incorporated into the project for potential temporM impact on scenic To be required by Planning section I(a): vistas Construction Docs. • The trail realignments will meander through wooded areas where possible so Verify prior to start of that the tree canopy will serve to screen views of the exposed new trail tread. construction. • New trail and road alignments will follow the natural contour to blend with the surrounding terrain and minimize the amount of cut and fill required for construction. • Tree removal will be minimal.Removed trees will be replaced at a 1:1 ratio as discussed under section IV(e). Mitigation in Mitigation incorporated into the project for potential impacts to the visual character To be required by Planning section 1(c): of the project area Construction Docs. 1. Fencing along the Betsy Crowder Trail shall be designed to minimize the Verify prior to start of impacts on the visual quality of the surrounding area,as follows: construction. • Use a four-foot tall,high-tensile smooth wire fence on metal posts, so that views of the pond and surrounding vegetation will remain unobstructed. • Avoid the removal of existing vegetation and trees to the maximum extent possible. 2. The fence along Spring Ridge Trail shall match the existing segment of rural, low-lying 50-foot long split-rail fence and to minimize impact to the existing 2 Department Verification or Agency (Date and Number Mitigation Timing Consultation Initials) visual character of the project area. 3. The observation area shall be designed and constructed to minimize the impact on the existing visual quality of the pond area,as follows: • Utilize primarily natural-color wood or wood-like materials. • Keep the design of the observation area rustic and simple. • The observation area shall not be located on a deck elevated more than 30- inches above grade. If the deck is more than 12-inches above grade,screen with site-appropriate native planting so that underneath of the deck not visually exposed. • Size the observation area to the minimum necessary to accommodate visual access to the pond for small groups of people,estimated to be approximately 12 feet by 16 feet. Mitigations in Mitigation incorporated into the project for potential impacts to California red Fencing to be required by Planning, section IV(a): legged from Construction Docs. Operations The construction disturbance zone shall be fenced to prohibit the movement of Verify prior to start of California red legged frogs(CRF)into the construction area and to control siltation construction. and disturbance to the wetland habitat.Following installation of fencing,its proper location shall be verified by the Project Biologist.Fencing shall be placed along Spring Ridge Trail, from the dam face to the proposed construction area and for a length of 250 feet southeast of the construction area,to prevent frogs dispersing into the construction area. All construction employees shall participate in an endangered species/special-status habitat education program to be presented by a qualified biologist prior to construction activities. The program shall cover such topics as identifying wetland habitat and areas used by CRF,identification of CRF by photos,the State and federal Endangered Species Acts, and the consequences of violating the terms of these acts. If road and trail construction is proposed in upland habitats after summer rains the proposed realignment trail will be walked prior to construction to prevent"take"of juvenile CRF dispersing. 3 Department Verification or Agency (Date and Number Mitigation Timing Consultation Initials) Mitigations in Mitigation incorporated into the project for potential impacts to Raptors and To be required by Planning, section IV(a): Passerines: Construction Docs. Operations The loss of trees in the 10-12 inch diameter at breast height(dbh)is not expected to Verify prior to start of impact nesting habitat of raptors or passerines,and requires no mitigation. construction. However,if trees larger than 12 inches dbh are subsequently planned for removal, to avoid"take"and/or further evaluate presence or absence of these species,the following measures shall be incorporated into the project: • If construction is scheduled to occur during the nesting season(February 1 to August 15),all potential nesting trees slated for removal shall be removed prior to February 1. • If tree removal must occur within the nesting season(February 1 to August 15), a nesting raptor and passerine survey shall be performed by a qualified biologist prior to tree disturbance.Any active nests must not be disturbed until the young have fledged or the nest has been abandoned. • All trees with active nests shall be identified by flagging and be protected by a no disturbance buffer zone.Depending on the species,the buffer zone may range from 200 feet to 500 feet in width for raptors and 75 to 100 feet for passerines Mitigations in Mitigation incorporated into the project for potential impacts to Bats To be required by Planning section IV(a): If trees larger than 12 inches dbh are subsequently planned for removal,the Construction Docs. following measures are incorporated into the project to prevent"take"of special- Verify prior to start of status bat species: construction. • A bat survey will be conducted before any work involving removal of trees over 12"dbh or pruning of dead wood is conducted.This survey will determine presence or absence of a day roost supporting either a maternity colony(a groups of all females and their young)or a group of non-reproductive bats. If no bats are found,work must be conducted within one month of the survey. • If a maternity colony is observed during the surveys,no tree removal shall be conducted during the maternity season.Tree removal shall occur between October 15 and February 1 to avoid impacts to maternity colonies. 4 Department Verification or Agency (Date and Number Mitigation Timing Consultation Initials) Mitigations in Mitigation incorporated into the project for potential loss of acreage of sensitive To be required by Planning section IV(b): natural communities Construction Docs. The development and realignment of trails and roads will result in the restoration of Verify prior to start of 2,030 linear feet of grasslands,520 linear feet of mixed evergreen forest,240 linear construction. feet of chaparral,and 490 linear feet of oak woodlands.The net loss of linear feet of the oak woodland habitats shall be mitigated by revegetation proposed by the project in other areas of WHOSP.The roadway impact to natural communities shall be minimized through proper siting to avoid tree removal. Mitigation in Mitigation incorporated into the project for potential impacts to existing drainage To be required by Planning section VIII(c): patterns that may cause substantial erosion Construction Docs. Design criteria for stormwater drainage management on trails and roads shall Verify prior to start of include the following measures to the extent practicable,to mitigate potential construction. impacts to existing drainage patterns that may cause substantial erosion: • Surface water shall be diverted from trails by outsloping the trail tread 34%, thus minimizing disruption to the natural drainage patterns. • Rolling dips shall be included in areas where trail gradients exceed 5%to reduce runoff concentration that can potentially lead to erosion.Rolling dips should not be oriented to shed water across unprotected fill slopes. • Use of culverts is discouraged where trails cross minor drainage swales; instead install an outsloped critical dip and harden the dip with coarse rock material. Section VI(b)also requires protective erosion control measures to stabilize areas disturbed by construction,which will reduce the potential for runoff related erosion. Mitigation in Mitigation inco orated into the project for potential degradation of water quali To be required by Planning section VHI(f): Criteria for mitigating the potential for soil erosion and loss of topsoil are discussed Construction Docs. in section VI(b). Criteria for mitigating the potential for soil erosion as a result of Verify prior to start of altering the on-site drainage patterns are discussed in section Vul(c). Criteria for construction. mitigating the potential for accidents involving the release of hazardous materials to the environment are discussed in section VH(b).These measures will also reduce potential for substantial degradation of water quality to a less than significant level. i i 5 Department Verification or Agency (Date and Number Miti ation Timing Consultation Initials) CONSTRUCTION Mitigation in Mitigation incorporated into the project for potential impacts to sensitive receptors To be required by Planning section UI(d): The disturbance of earth area is minimized by the project in that trails realignment Construction Docs. and restoration will generally disturb only a six-foot width,and road reroutes only a Verify during 14-foot width.Constructing the project when soil moisture is present will also construction. minimize the impact. Where further minimization is not possible, site-specific dust control measures as found in the California Storm Water Best Management Practices Handbook measure ESC21 shall be tailored to the site-specific situation and incorporated into the project's construction requirements to ensure that local dust emissions do not expose sensitive receptors to substantial PM10 conc- entrations.Chemical dust suppression products shall be avoided. Mitigation in Mitigation incorporated into the project for potential impacts to special-status plants If needed,to be required Planning section IV(a): species: by Construction Docs. If presence or absence of the annual herbs cannot be determined, soils from the Verify at the beginning of created trails and roads will be placed adjacent to the road and trail so as to preserve construction,prior to the seed bank of the population.This scalping of the top three inches of the soil will further ground relocate the seed bank onto adjacent habitat. disturbance. Mitigations in Mitigation incorporated into the project for potential impacts to California red To be required by Planning, section IV(a): legged frog: Construction Docs. Operations The monitor shall ensure that at no time during construction is vegetation removed Verify during outside of the fenced construction disturbance zone. construction. If special-status frogs are found within the construction disturbance zone they shall immediately be moved passively,or captured and moved,in consultation with the USFWS,to suitable upstream sites by the a qualified biologist with the appropriate permits.Additionally,if CRF are found during the pre-construction surveys,the monitor shall walk the length of the fence every morning prior to construction to ensure that CRF are not trapped within the enclosure.The CDFG shall also be contacted in the event of any significant deviation from permitting conditions. 6 . .......... Department Verification or Agency (Date and Number Mitigation Timing Consultation Initials) Mitigations in Mitigation incorporated into the project t for potential impacts to historic resources To be required by Planning section V(a): 1. District's Resource Management Policies state the following,which shall be Construction Does. incorporated into the project: "Follow federal,state,and local regulations on Verify during cultural resources.If artifacts are uncovered during construction,stop work until a construction. cultural resource consultant has evaluated the situation." 2. Construction personnel shall be alerted to the presence of the former Flax Mill site and shall be asked to look out for buried historic artifacts during any excavation.New footings for fences, signs,or the observation area shall be carefully sited and hand excavated to minimize damage to any underground structures associated with the former Flax Mill Site. 3. Grading within the suspected area of the Flax Mill foundations shall be avoided. 4. Project personnel shall not collect historic resources encountered during construction. Historic resources include stone or adobe foundations or walls; wooden remains with square nails,and refuse deposits often in old wells and privies. 5. If previously unknown historic resources are encountered during trail or road construction,every reasonable effort shall be made to reroute the trail or road to avoid the resources. Mitigations in Mitigation incorporated into the project for potential impacts to archaeological To be required by Planning section V(b): resources Construction Does. 1. The District's Resource Management Policies state the following,which shall Verify during be incorporated into the project's requirements: "Follow federal, state, and local construction. regulations on cultural resources. If artifacts are uncovered during construction, stop work until a cultural resource consultant has evaluated the situation." 2. Construction personnel shall be alerted to the possibility of prehistoric resources and shall be asked to look out for buried prehistoric artifacts during excavation. I 7 i 1 Department Verification or Agency (Date and Number Mitigation Timing Consultation Initials) 3. If unknown prehistoric resources are encountered during trail or road construction,every reasonable effort shall be made to reroute the trail or road to avoid the resources. 4. Any identified archaeological sites shall be evaluated using the California Register of Historical Resources criteria.This shall include studying and reporting on the site to ensure that the data is available to future researchers. Material recovered shall be donated to an appropriate repository for future study. 5. If prehistoric archaeological resources include objects considered"cultural items"according to the Native American Graves Protection and Repatriation Act(NAGPRA)are discovered during construction,a qualified archaeologist shall be notified immediately and NAGPRA shall be followed. 6. The construction documents shall include a requirement that personnel shall not collect prehistoric resources encountered during construction. Prehistoric resources include chert or obsidian flakes,projectile points,mortars and pestles, dark friable soil containing shell and bone dietary debris,and heat-affected rock. Mitigations in Mitigation incorporated into the project for potential impacts to unknown human To be required by Planning section V(d): remains Construction Docs. 1. Thew 'District's Resource Management Policies state the hich shall Verify during be incorporated into the project: "Follow federal,state,and local regulations on construction. cultural resources.If artifacts are uncovered during construction,stop work until a cultural resource consultant has evaluated the situation." 2. If unknown human remains are encountered during trail or road construction, every reasonable effort shall be made to reroute the trail or road to avoid the resources. 3. Construction personnel shall be alerted to the possibility of human remains and shall be asked to look out for buried human remains during excavation. Department Verification or Agency (Date and Number Mitigation Timing Consultation Initials) 4. Incorporate the State CEQA guidelines at§15064.5(e)into the project construction requirements.This guideline requires that if human remains are encountered,the following steps should be taken: "No further disturbance shall occur until the County Coroner has made a determination of origin and disposition,pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98.The County Coroner must be notified of the find immediately.if the remains are determined to be Native American,the Coroner will notify the Native American Heritage Commission(NAHC)within 24 hours,which will determine and notify the Most Likely Descendant(MLD). The MLD may recommend within 24 hours the means of treating or disposing of,with appropriate dignity,the human remains and grave goods.In the event of difficulty locating a MLD or failure of the MLD to make a timely recommendation,the human remains and grave goods shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance." Mitigations in Mitigation incorporated into the project for potential conditions leading to soil To be required by Planning section VI(b): erosion Construction Docs. The project includes restoration of approximately 29,000 square feet(0.67 acres)of Verify during vegetative cover over existing trails to be closed within the 200-acre study area.The construction. project also includes restoration of an unquantified amount of emergent vegetation at the edge of Sausal Pond.This restoration will result in a net reduction of more than 13,800 square feet(0.32 acres)of exposed soil area,thus minimizing the erosion potential. New trail and roads shall not exceed a 10-12%gradient,consistent with District standard practice.This requirement will also minimize the potential for substantial erosion and loss of topsoil. In addition,erosion prevention found in the California Storm Water Best Management Practices Handbook measures ESC2,ESC10,ESC11,ESC20,and ESC42 shall be tailored to the site-specific situation and incorporated into the project's construction requirements to further mitigate the potential for substantial 9 Department [verification or Agency (Date and Number Mitigation Timing Consultation Initials) erosion.These measures call for attention to protective erosion control at disturbed areas as soon as possible after construction,including seeding to stabilize graded areas and placement of geotextile matting on steeper trail segments in need of restoration.The measures also call for preservation of existing vegetation outside of the trail corridor,which will serve to filter runoff. Seeding and/or planting shall be placed during the appropriate time of the year to ensure successful growth. Mitigation in Mitigation incorporated into the project t for potential release of hazardous materials To be required by Planning section VH(b): to the environment Construction Docs. Incorporate the Construction Activity Best Management Practices for spill Verify during prevention(CAI 2)and for hazardous waste management(CA21)into the project's construction. construction requirements. REQUIRE IN CONSTRUCTION DOCUMENTS, VERIFY PRIOR To COMPLETION OF CONSTRUCTION Mitigation in Mitigation incorporated into the project for potential temporary impact on scenic To be required by Planning section I(a): vistas Construction Docs. • All graded areas will be revegetated with native vegetation. Verify prior to • Existing trail and road segments to be abandoned will be restored with native completion of vegetation. construction. MONITOR AFTER CONSTRUCTION Mitigation in Mitigation incorporated into the project for potential impacts to the visual character Monitoring of vegetation Planning section I(c): of the project area growth to be 5. Fencing along the Betsy Crowder Trail shall be designed to minimize the implemented 3 months impacts on the visual quality of the surrounding area,as follows: after planting, and • Monitor the surrounding vegetation growth to ensure that in time,the fence annually in spring for not will be fully screened by native vegetation. less than two years. i 10 i Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-85 Meeting 01-17 July 25, 2001 AGENDA ITEM 2 AGENDA ITEM Approve the Attached License Agreement for The Sequoias -Pprtola Valley to Enter Windy Hill Open Space Preserve for the Purpose of Planting Native Plants and installing'a. Temporary YDri Irrigation System on District Land Along the Northern Adjoining Prop rty Line GENERAL MANAGER'S RECOMMENDATI S _ , -- _ -�_ 1. Authorize the General Manager to execute the attached License Agreement allowing The Sequoias-Portola Valley and their consultants to enter Windy Hill Open Space Preserve for the purpose of planting native trees and shrubs and installing a temporary drip irrigation stern P � P 8 g P rY P g system on District land, along the northern adjoining property line. 2. Authorize the General Manager and General Counsel to approve minor revisions to the License Agreement. INTRODUCTION A 41.6-acre parcel of land,commonly known as San Mateo County Assessors Parcel Number 079-200- 030, is owned and operated by The Sequoias-Portola Valley,a Northern California Presbyterian Home and Continuing Care(The Sequoias)service provider. The existing improvements on The Sequoias property include more than 200 living units, carports,and a main building containing a library, communal lounge, and eating area. The property lies adjacent to the northern edge of Windy Hill Open Space Preserve near Sausal Creek and the Portola Road parking lot. A driveway off Willowbrook Road serves as the primary access route to The Sequoias property. In August 2000,the Town of Portola Valley approved an application for a variance and use permit its existing facilities. amendment submitted by The Sequoias to authorize modifications and additions to g The Town approved the addition of four duplex units,two carports,and main building renovations. The i r approval,however,is contingent upon additional landscaping along the adjoining property line between The Sequoias and Windy Hill Open Space Preserve to address the visual impacts of the development. In response,The Sequoias is proposing to plant native trees and shrubs on District land along the adjoining property line to screen views from the Preserve(see Exhibit A). Once the new plantings have been established,The Sequoias will follow the Town's Landscaping Guidelines,which call for native plants along adjoining property lines,by removing an existing non-native Oleander hedge. This hedge is located on The Sequoias property, along the same northern property line and currently serves as the only vegetative screen for users traveling along segments of lower Spring Ridge Trail. The Sequoias plan to replace portions of the Oleander hedge with Native shrubs and thereby create a"double"vegetative screen to further minimize views of its facilities from the Preserve. DISCUSSION Harvey Ray, Executive Director of The Sequoias, is requesting a License Agreement with the District to plant native vegetation and install a temporary drip irrigation system on District land along the adjoining 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,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton li R-01-85 Page 2 property line between Windy Hill Open Space Preserve and The Sequoias. Attached is a copy of Mr. Ray's letter of request,dated June 25, 2001. The proposed project involves planting six native species of shrubs and trees in areas currently devoid of vegetation. The landscaping plan sites twenty-seven plant groupings along the property line,each grouping would include between two and four plants of the same species to account for the possibility that not all of the new plants will survive past the three-year term of the License Agreement. In total, more than eighty plants would be planted ranging in size from five- gallon shrubs to fifteen-gallon trees. Each planting site would be properly prepared and the surface cleared of non-native vegetation. The plant list chosen for this project was reviewed and approved by J. Isaacs,Resource Management Specialist,to ensure that the plants are native to the lower area of Windy Hill Open Space Preserve. The approved plant list consists of the following: Toyon, California honeysuckle,coffee berry, red flowering currant,holly-leaf cherry, and California bay. Special care would be taken to minimize disturbance to the existing native plants now growing onsite, including new sprouts. The Sequoias also propose to install and maintain a temporary drip irrigation system to supply the new plantings with water until they are established. All work would be conducted manually with hand tools and other light landscaping equipment. The Sequoias would utilize the neighborhood gate entrance that leads directly to Spring Ridge Trail to access the planting locations. If needed, sections of an existing wire fence may be temporarily removed to facilitate the planting work. Y P Y P g The applicant has obtained approvals for this project from the Town Planning Commission and the Architectural and Site Control Commission and is now in the process of applying for a building permit. The Sequoias is proposing to implement the project in two phases, each would require approximately three weeks to complete. The first phase would occur during this year's rainy season and the second phase would begin in late summer 2002. The License Agreement is for a period of three(3)years to allow the new plantings to establish with the assistance of irrigation. The Sequoias would remove the drip irrigation system towards the end of the term of the License Agreement. Any planting that does not survive a two-year maintenance period would be replaced based upon a one for one ratio. All new plantings from this project will become property of the District. CEQA COMPLIANCE California Environmental Quality Act(CEQA)review of the proposed landscaping project was completed during the Town of Portola Valley's review of the Site Development Permit. The Town of Portola Valley was the lead agency during the CEQA process and issued a Negative Declaration stating that the project would not have a significant effect on the environment. Therefore, no further action is required by the District's Board regarding CEQA for this landscaping project. PUBLIC NOTIFICATION A copy of the agenda has been mailed to owners of property adjacent to the preserve. In addition,a copy of the Agenda was posted on the Preserve at the Portola Road trailhead. Prepared by: Ana Ruiz, Open Space Planner I Duncan Simmons,Attorney Contact Person: Ana Ruiz, Open Space Planner I WINDY HILL OPEN "ACE PRESERVE ,� . ., ru, o LEGEND ram. Landscaping Plan Existing vegetation • Proposed native shrubs Proposed California bay trees 0.1 00000 Non-native Oleander hedge to be removed The Sequoias additions & expansions Main office expansion (W New duplex buildings H05) --, _C New carports 0 •• oo N • o �• SEQU OIA E IA 't� S S fir. i 0.6 D D D C � C D Q WINDY HILL XX OPEN SPACE PRESERVE EXHIBIT A: PROPOSED LANDSCAPING PROJECT NEPHS NORTHERN CALIFORNIA PRESBYTERIAN HOMES&SERVICES THE SEQUOIAS -PORTOLA VALLEY June 25, 2001 Board of Directors , Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Board Members: For a number of months, the Sequoias has been in the planning process for the implementation of one phase of our long term Master Plan Project. This phase involves the creation of eight units to assist in the balance of services offered to the senior population of this area. As part of the process to accomplish this, and in order to minimize any impact on the neighboring property, the Sequoias has developed, in conjunction with your staff person Ana Ruiz, a proposal to plant native trees and shrubs along certain portions of the NW property line between the Sequoias and the Windy Hill Preserve. At this time I would like to request your review and approval of our planning proposal to plant the specified native trees and shrubs as describe in the plans we have submitted. Thank you for your assistance in this important matter. Sincerely yours, Harvey H. Ray Executive Director JUN 2 6 2001 1 HHR/db A Ministry of Housing, Service and Care for Older Persons THE SEQUOIAS-PORTOLA VALLEY 9 501 PORTOLA ROAD • PORTOLA VALLEY, CA 94028-7654 (650) 851-1501 • FAX (650) 851-5007 LICENSE AGREEMENT This License Agreement(herein, "License") is entered into by and between the Midpeninsula Regional Open Space District, a public district formed pursuant to Article 3, Division 5, Chapter 3 of the California Public Resources Code(herein, "District") and the Northern California Presbyterian Homes& Services, Inc., doing business as The Sequoias-Portola Valley, a nonprofit corporation(herein, "LICENSEE"). The parties hereby agree as follows: 1.0 Property Solely on the terms and conditions set out herein, District grants LICENSEE, its officers, employees, consultants, contractors and agents permission to enter the Windy Hill Open Space Preserves (herein, "Preserve!'), located in San Mateo County and as more particularly shown on Exhibit A, attached hereto and incorporated herein by this reference. No estate or interest in real property is conveyed hereby. 2.0 Purpose This License is for the sole purpose of granting LICENSEE revocable access to Preserve to prepare, plant and maintain native trees and shrubs, all as more specifically set forth herein. The work authorized hereunder is as described in the plans on file with District and as such plans may, from time to time, be properly and lawfully amended and approved by District in writing. Generally, the work includes the following components which shall hereafter be collectively referred to as the"Project": 2.1 Proper soil preparation including, but not limited to, removal of non-native vegetation in the area depicted on the map attached hereto as Exhibit B and incorporated herein by this reference; 2.2 Planting of native trees and shrubs (herein"plantings") chosen from the species listed in Exhibit C, attached hereto and incorporated herein by this reference; 2.3 Installation, operation and maintenance of an drip irrigation water system properly sized and placed to provide adequate water for the new plantings; 2.4 Connection of the drip irrigation water system to a water source, and provision of water, all at no cost to District, for a period of two years following execution of this License by District; 2.5 Replacement on a one to one basis of any plantings that do not survive for the two year maintenance period; and 2.6 Upon termination of this License, removal of the drip irrigation water system and site restoration of any areas damaged by such removal. 3.0 License Conditions 3.1. LICENSEE shall be responsible for obtaining all necessary government permits and approvals, if any. Copies of such permits shall be provided to District at least forty-eight (48)hours prior to commencement of work on the site under such permit. 3.2. LICENSEE shall be responsible for providing proof of required insurance coverage, as more specifically set forth in Section 7.0 below, to District prior to starting work on the Project. 3.3. District shall issue a Notice to Proceed after determination by District Representative that Conditions 3.1. and 3.2 above have been satisfied. In no wri event shall work begin prior to issuance-of the District's tten Notice to Proceed. 3.3. LICENSEE may delegate to its agents any duties or responsibilities required hereunder but such delegation shall not relieve LICENSEE of such duties or responsibilities. 3.4. Installation of the drip irrigation system and initial plantings authorized hereunder shall be completed no later than August 30, 2002. Further installation, major repair, removal and restoration activities shall be subject to written plan and schedule approval by District Representative, which approval shall not be unreasonably withheld or delayed. , 3.5. LICENSEE shall timely provide District with written construction schedules for installation, removal or restoration activities, as such become available, and shall notify District, in writing, of any material changes in such schedules. 3.6. Areas for storage of equipment and materials related to construction activities shall be identified and approved by District Representative prior to utilization of such areas. No vehicles are allowed on the Preserve under this License. 3.7. No trees shall be removed or pruned as part of the Project. Excavating, filling, or other disturbances are prohibited within the dripline area of all trees,unless expressly authorized previously, in writing, by District upon written request of LICENSEE. 3.8. LICENSEE shall be responsible for the compliance of its officers, employees and agents with the speed limit of 15 miles per hour when operating vehicles within the Preserves. Drivers shall approach visitors slowly, passing only when the visitors have moved from the roadway. District may issue citations to violators. 3.9. LICENSEE shall be responsible for moving any Preserve signing or fencing impacted by construction related activities to appropriate locations designated by 2 District Representative and LICENSEE shall promptly replace such signing and fencing at the conclusion of such construction related impact. 3.10. LICENSEE shall be responsible for installing temporary barriers and fences, and taking other necessary measures to protect the public from any injury or damage resulting from the construction activities. LICENSEE shall install additional fencing as needed to secure any work sites left unattended. 3.11. LICENSEE shall be responsible for restoration or remediation of any damage to Preserve caused by or attributable to their operations hereunder, to a condition equal to or better than the original condition of the area, including all roads, trails and open areas utilized during Project ac tivities. 3.12. LICENSEE shall promptly and completely remove all improvements authorized hereunder, except plantings, upon termination. Upon termination of this License for any reason whatsoever,Project sites shall be restored to a natural condition equal to or better than the condition of the area surrounding such site, as reasonably determined by District Representative. LICENSEE's obligations under this Paragraph shall survive termination of this License. 3.13. LICENSEE agrees that its officers, employees, agents and contractors shall be instructed that their use of equipment and tools on Preserves shall be effected with competence, reasonable diligence and sufficient precautions to avoid damage to each other,to the land, property, or personnel of District and to members of the public. 3.14. LICENSEE shall have sole responsibility for the safeguard of their equipment, property, and personnel from any and all injury, death or damage. 3.15. LICENSEE shall notify the District Representative upon completion of any construction and removal activities and shall promptly arrange for appropriate site inspections by District Representative. 3.16. This LICENSE may not be assigned or transferred without the prior express written consent of District which may grant or withhold such consent in its sole discretion. 4.0 Notice 4.1 Whenever any party hereto desires to, or is required to, give any notice, demand, or request with respect to this License, each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated in Paragraph 4.2 below, if deposited in the United States mail, registered or certified and return receipt requested,with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other 3 delivery service or sent by facsimile transmission by telex,telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: District: L. Craig Britton, General Manager Attn.: Ana Ruiz, District Representative 330 Distel Circle Los Altos CA 94022-1404 (650)691-1200 (650)691-0485 (FAX) LICENSEE: Northern California Presbyterian Homes& Services, Inc. Attn.: Mr. Harvey Ray, Executive Director The Sequoias-Portola Valley 501 Portola Road Portola Valley, CA 94028-7654 (650) 851-1501 (650) 851-5007 (FAX) 4.2 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall also promptly be sent by mail (in the manner provided above)to the addressee. If sent by telegraph, facsimile copy or cable, and a confirmed copy of such telegraphic, facsimile or cabled notice is also promptly sent by mail to the addressee as provided herein, service shall be complete upon receipt by addressee of such telegraph, facsimile copy or cable. If the communication is made only by mail, service shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third(3rd)business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices, requests or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate,but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 5.0 Liens and Claims LICENSEE shall not permit to stand any mechanics`, materialmen's or other similar liens or claims against the District Property or any interest therein for labor or material furnished in connection with any work performed by LICENSEE, its agents, representatives or contractors under this License. Upon reasonable and timely notice of any such lien or claim delivered to LICENSEE,LICENSEE shall immediately notify District of same. 4 I 6.0 Indemnity and Release of Liability LICENSEE shall fully release, indemnify, hold harmless and defend District, its directors, officers, employees, contractors, and agents, from and against all liability, claims, suits, sanctions, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, for injuries to or death of any person and damage to or loss of any property arising out of any negligent act, error, or omission regarding any right, obligation or work performed by LICENSEE, or its agents, employees, contractors, consultants, officers or representatives under h liabi lity is di rectly attri butable rise to e matter giving se t the matt Y h extent that ttot e Y this License, except gI g to the negligent or wrongful acts or omissions of District's directors,officers, employees, contractors, or agents, or otherwise arises out of matters which,by the terms of this License, are concurrent negligence of the parties, the the sole responsibility of Distract. In any Claim alleging P i parties shall jointly cooperate in the defense against such Claims and shall contribute costs of j such defense, damages, liability and judgement in proportion to its fault under the principles of comparative negligence. 7.0 Insurance 7.1 Throughout the term of this License, LICENSEE, at its sole cost and expense, shall maintain in full force and effect comprehensive general liability insurance covering bodily and personal injury and property damage arising out of LICENSEE's activities pursuant to this License. Limits shall not be less than $2,000,000.00 per occurrence for bodily injury and $500,000.00 per occurrence for property damage. Each such policy shall name District as an additional insured and a certificate to that effect shall be delivered to District prior to commencement of any activities hereunder and annually upon renewal or replacement of any such policies. Throughout the term of this License, LICENSEE, 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. All such insurance policies shall not be canceled or materially changed without thirty(30) days advance written notice to District. 7.2 Whenever engaged in any work hereunder,LICENSEE, at their 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. 8.0 Amendment and Modification This License may be amended or modified only in writing signed by the General Manager of District and by LICENSEE if such modification or amendment imposes a new or additional duty LICENSEE. The General Manager may amend this License to extend construction dates, on LIC g Y approve removal and restoration plans and schedules, and may make such other minor amendments to this License as is reasonably necessary. i 9.0 Term and Termination. The Term of this License shall commence upon execution by District and shall terminate at 5:00 p.m. on July 25, 2003. 5 1 9.1 Operation and maintenance of the drip irrigation water system authorized hereunder shall continue until this LICENSE is terminated as provided for herein. 9.2 District may,with or without cause, unilaterally terminate this License upon fifteen(15) days written notice given as provided for herein. LICENSEE shall thereafter promptly remove all improvements, except for plantings, and restore all sites to a condition equal to or better than the condition of each site immediately preceding installation of such improvements to the reasonabl e satisfaction of District Representative. Thereupon all rights and obligations of the parties shall likewise terminate except for those rights and obligations set forth herein that specifically survive such termination. This License has been thoroughly read and understood and is hereby agreed to and accepted. LICENSEE, i doing business as The Se uoias- Services, 9 ' rnia Presbyterian Homes & Inc.,, g h rn California yt Portola Valley By. Date Harvey Ray Executive Director District, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Date L. Craig Britton General Manager form: Approved as to f 0 By: Susan M. Schectman General Counsel 6 WINDY HILL OPEN FACE PRESERVE o LEGEND Existing vegetation Location of proposed native plants (where soil will be properly re ared and non-native vegetation etation p g removed - N (WH05) ; '•titi THE SEQUOIAS 0.6 ::•s is K WINDY HILL ' u OPEN SPACE PRESERVE EXHIBIT B: LOCATION OF PROPOSED NATIVE PLANTS EXHIBIT C: Native Plant Species List The following plant species are known to be native to the lower area of Windy Hill Open Space Preserve and therefore, appropriate for The Sequoias planting proposal: 1. Heteromeles arbutifolia, Toyon 2. Lonicera hispidula, California honeysuckle 3. Rhamnus californica, Coffee berry 4. Ceanothus cuneatus, Wedge-leaf ceanothus 5. Ribes malvaceum, Chaparral currant 6. Ribes sanguineum, Red flowering currant 7. Holodiscus discolor, Cream bush 8. Prunus ilicifolia, Holly-leaf cherry 9. Quercus agrifolia, Coast live oak 10. Umbellularia californica, California bay Regional Open S re MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-81 Meeting 01-17 July 25, 2001 AGENDA ITEM 3 AGENDA ITEM Authorization to Execute a Contract with Dillingham Associates to Provide Design Services in an Amount Not to Exceed $25,810 for the Proposed Parking and Staging Area at the Jacques Ridge Entrance to Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a contract with Dillingham Associates of Berkeley in an amount not exceed $25,810 to prepare plans and specifications for the parking and staging area at the Jacques Ridge entrance to Sierra Azul Open Space Preserve. DISCUSSION In 1992, the District purchased the Jacques Ridge property as a cooperative project with the County of Santa Clara as addition to Sierra Azul Open Space Preserve and Almaden Quicksilver County Park (see Report R-91-151). The 904-acre property forms a wide corridor connecting the Mt. Umunhum Area of Sierra Azul Open Space Preserve to Almaden Quicksilver County Park. As part of the acquisition, the District and Santa Clara County divided the ownership of the Jacques Ridge property along Hicks Road, a designated County Scenic Road that bisects the property. The 532 acres west of Hicks Road became part of Sierra Azul Open Space Preserve and the 372 acres east of the road became part of Almaden Quicksilver County Park. In October 1998, Santa Clara County's Board of Supervisors approved the Almaden Quicksilver County Park Trail Master Plan and Mitigated Negative Declaration. The Master Plan recommended that two staging areas be developed, one at Sierra Azul Open Space Preserve and one at the County Park. This recommendation was based upon various factors, including the anticipated high demand for parking and the analysis conducted by the County's traffic consultant. The County is currently working with a consultant to design a staging area along the east side of Hicks Road on the Almaden Quicksilver County Park portion of Jacques Ridge. In December 1998, the District submitted an application to the Recreational Trails Program for an 80 percent matching grant in the amount of$72,000 to construct the second Jacques Ridge staging area at Hicks and Mt. Umunhum Roads in Sierra Azul Open Space Preserve (see Report R-98-146). This staging area would be located a few hundred yards south of the County's staging area (see Exhibit A). Staff employed Dillingham Associates to develop an initial feasibility design study and conceptual plan as part of the application process (see Exhibit B). The District was awarded the full grant amount requested for the construction of this project, with the only stipulation being that the work must be completed by 2004. 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 *MW 02Es' Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nonette Hanko,Larry Hassett, Kenneth C. Nitz •General Manager:L.Craig Britton R-01-81 Page 2 Earlier this month, staff requested qualifications and proposals from various landscape architecture firms for the Jacques Ridge Staging Area project at Sierra AzuI Open Space Preserve. Of the proposals submitted, staff determined that Dillingham Associates was best suited to provide the necessary landscape architectural and project management services. Dillingham Associates has extensive experience working on open space projects for many cities, counties, public agencies, and non-profit groups, including the City of Half Moon Bay, Santa Clara County Department of Parks and Recreation, East Bay Regional Park District, Peninsula Open Space Trust, and, as noted above, the District. The Jacques Ridge Staging Area project includes the design and construction of a 15-car parking lot, a wheelchair-accessible pit toilet restroom, a trailhead with stiles and signage, and a short trail that will lead preserve users along the shoulder of Mt. Umunhum Road to the trail crossing that the County will construct at the intersection of Mt. Umunhum and Hicks Roads. The project will also include trail stabilization and drainage improvements to a potential washout area of the Bay Area Ridge Trail (Woods Trail) at the Guadalupe Creek crossing. Once the District and Santa Clara County have completed both staging area projects, a 13.2-mile segment of the Bay Area Ridge Trail will be completed. By connecting Sierra Azul Open Space Preserve to Almaden Quicksilver County Park, this newly completed segment will provide the last link in an important 17.9-mile section of Bay Area Ridge Trail between Almaden Valley and Lexington Reservoir. CEQA COMPLIANCE Staff concludes that entering into this consultant agreement for design and engineering services does not constitute a project under California Environmental Quality Act (CEQA). Therefore, the recommended action is exempt. Any future action taken by the Board to implement the consultant's work, such as approval of construction of the staging and parking area, will be subject to CEQA review at that time. Prepared by: Douglas Vu, Open Space Planner. I Contact Person: Same as above SIERROAZUL OPEN SPACE PRVERVE N 'J SANTA CLARA CO. - �•�'� � ;..� STAGING AREA �, ✓ ALMADEN QUICKSILVER COUNTY PARK �1 (SAd2 MROSD STAGING AREA �. 1400 (SA06� 1600 \ eeK` 1800 moo �� ds Trail ✓d o�/ o Se 2000 94w �• s ,a m 9• a � 9 2200 g' 2400 d^0 0 r 2800 oY J Mt.,Um nu hum Bai BaId-, J / !3 486I .• ®, d,y�, Mountain ( _ r Trai/ <. M ,� l� ( Abz 2�,38T C E (snos _ RE L \ (SA09 r #y°€; MST.UMUN�HUM AREA 800 EXHIBIT A I'1'f X ITEM 6B SKETCH PLAN FOR STAGING AREA SIERRA AZUL OPEN SPACE PRESERVE s Midpeninsula Regional Open Space Preserve W November 24,1998 \ ° - Dillingham Associates Landscape Architects b s! 44 .o f \ s� �C ` / ,s tPKG�I•sEG' � •� � ,� �, '�-�� .����ice-i�.i, � REsr1Q�r1 i SPo!L7 II h'F`F P• ' GKfb —• ubo I� �✓ P�Pastrr> r� I �- — — — co ul-r•l y f9*►�r< T Regional Open S ,ce t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-82 Meeting 01-17 July 25, 2001 AGENDA ITEM 4 AGENDA ITEM Authorization of Award of Contract to Panko Architects for Design and Engineering Services to Replace the Maintenance Building and to Create a Maste Ian for the Foothills Field Operations Facility at Rancho San Antonio Open Space Preserve GENERAL MANAGER'S RECOMMENDATION _ - Authorize the General Manager to enter into a contract with Panko Architects of San Mateo for an amount not to exceed $39,785 for design and engineering services to replace the maintenance shop building and to create a master plan for the Foothills field operations facility at Rancho San Antonio Open Space Preserve. DISCUSSION In May 2001, staff solicited proposals and qualifications from architects for two projects at the Foothills field operations facility at Rancho San Antonio Open Space Preserve: • The development of a long-range master plan for phased improvements to the Foothills field operations facility; and • Construction plans to replace the maintenance shop building with a pre-fabricated structure. a aster fo r r m plan to determine future improvements that will The District identified the need P P increase safety and improve the functionality and efficiency of the facility. The existing shop building, a key component of the facility, does not fulfill today's operational requirements and is in need of seismic upgrades. Therefore, replacement of the shop building is a high-priority project in the fiscal year 2001-2002 Capital Improvement Program. The total project budget is $110,000, which includes the costs associated with engineering, permitting, preparing the master plan, and constructing the shop building. The project is scheduled for completion by March 31, 2002. The request for proposals yielded submittals from two local architects. Both firms have previously worked for the District: Dennis Kobza and Associates from Mountain View designed and expedited construction of both field offices in the early 1990's, and Panko Architects from San Mateo is currently engaged on the improvements to the administrative office building on Distel Circle. 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 I�1 ff"ES, Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko, Larry Hassett,Kenneth C. Nitz •General Manager:L.Craig Britton R-01-82 Page 2 In terms of qualifications, both firms are well established, viable, and highly experienced. Both have accomplished an extensive body of work,though Dennis Kobza appears to have been engaged on somewhat larger, more prestigious projects than Panko. The approach of both architects to the scope of work outlined in the RFPs is thorough and almost identical in format. In terms of cost, however, Panko Architects projected a cost of only $37,785 plus reimbursables, estimated at $2,000, for a total not to exceed $39,785; Kobza and Associates projected a cost of $52,000. Staff believes that Panko Architects has the experience and the qualifications to provide the services needed to develop this project. Furthermore, in the context of the Office Improvement Project at the administrative office building, the Panko firm has been highly responsive to the demands of the work and to the needs of the District. This is doubly important in light of the fact that on this new project, the consultant will be working closely with a staff committee comprised of representatives from both the Operations and Planning Departments. Therefore, it is recommended that you authorize the General Manager to enter into a contract with Panko Architects as described in this report. CEQA COMPLIANCE Staff concludes that entering into this consultant agreement for design and engineering services does not constitute a project under California Environmental Quality Act (CEQA). Therefore, the recommended action is exempt. Any future action taken by the Board to implement the consultant's work, such as approval of construction of the shop building, will be subject to CEQA review at that time. Prepared by: John Cahill, Open Space Planner II Contact person: Same as above Regional Open S !ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-84 Meeting 01-17 July 25, 2001 i AGENDA ITEM AGENDA ITEM Request for Consent to a Sublease Agreement Between D gAbuse,�ciences, Inc. and Kaidara Software, Inc. for the Enterprise Office Space at 330 Dist Circle, ' s Altos GENERAL MANAGER'S RECOMMEND Authorize the General Manager to approve the office building sublease between DrugAbuse Sciences, Inc. and Kaidara Software, Inc. for the enterprise office space at 330 Distel Circle, Los Altos. DISCUSSION On March 1, 2000, the District leased approximately 2,487 square feet of office space within the District's administrative office building at 330 Distel Circle to DrugAbuse Sciences, Inc. (see Report 00-26). That lease expires on February 28, 2003. However, due to their need for additional office space, DrugAbuse Sciences moved out of the Distel enterprise office space on June 29, 2001. DrugAbuse Sciences has the right to sublet the lease area to a subtenant for the remainder of the lease term, subject to consent by the District. DrugAbuse Sciences has submitted to the District for approval a proposed sublease to a software firm named Kaidara Software Inc. Kaidara provides products for developing online sales and service support solutions, consulting, technical support, and training. The company has been in business since 1991 and currently has offices at 980 Industrial Road in Palo Alto. The tenant space will be used for office and administrative purposes only. The proposed sublease includes the following terms: 1. DrugAbuse Sciences remains responsible for the lease with the District. 2. The subtenant's use is consistent with the lease. 3. The subtenant commencement date is July 26, 2001. 4. DrugAbuse Sciences' security deposit, in the form of a letter of credit, will continue to be held by the District in the amount of$18,000 during the remainder of the term for performance under the lease. The terms of the proposed sublease are consistent with the obligations of the tenant. District staff recommends approval of the sublease agreement. Prepared by: Thomas W. Fischer, Land Protection Specialist Contact: Same as above 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,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton 07/19/2001 01:08 6504621003 DRUGABUSE SCIENCES PAGE 02 JUL- 9--2(01 T1EU 114 Al APB PROMA,,, .&A FAX:65085716'A PACE 2 It?-StA-iMJ1 19:29 DE tKAIo wp 33 1 5624MG A :6Mz95716W P.$81�037 F SURCEASE THIS SUBLEASE NUbloase") is Cuttred into as of the day E i'June 27, 2001 between DRUCABUSE SCIENCES INC., a California corporation (.•OAS") ;nd KALDARA, INC., a Ddlawat'e carporatian("Subtenanfl with rcScmnw to the following filet i s A. Pursuant to that ocrtain OiFica SWIdlg Lease dated F:batary 9, 2000 between ' M 06ninsuls Regional Open Space District, as L snor ("DistrkVJ acid DAS, ca Losses (the '`Muster Lcaae-� 8 Copy of wbiah Is act Cbtsd bavto as Exhibit A and 'lade a past bored,OAS Icaacd ft>m District and Dist v loaeed to DAS appmxiatately 2497 twn:sbk square feet of space (the"Mswtor Lease'Premises")which oonstiton a portion of the buMiag Iomod at 330 Olstol Covrt,Las Altos,California("Building"}. 8. Subtaoaw MOM to sublet ftvm OAS site Master 't imse Premises as mots pasticular)y sat forth in Wdbit A to the Mum Isaac, attached hit and made a part hereof ("Subleased Pmuisoe"), and DAS is willing to sublet the same to St>wx= open the terms, . oovenant8 and am tions horeinaRer set forth. NOW, THE'R MAIM,)a coneic wdion of the covenants lasso =tained,and for other Wad and valuable comidat+etion, the veedpt and et gWWy of which an a Wnby scktmw1adV4 the parties do htuaby agree as follows. 1. Sublease. DAS does hereby sublease and dem " to 8,blen at, sad Subtenant dM hereby hire and take from DAS,all of the Subleased Ararnises sub seat to(1)the vvvenarrte, agreasttcnt&terms,provblons and aonditlaft of this Sublease for the ter-i hereinatler stated;and (li)the covenants,sgrmmants.torsos,provisions and conditions of the h 4asw Una. Subtera w ' hereby acktowlsdgas receipt of the ooples of the Mister Leas attaab-:d borcto as Exlu"bit'A. DAS reprownte to Subtenant that the copy of the Master Lease ottasstuod'iemo is true and correct and that there are no aoiaudM§n#or utodlileadione m such document o:bcr than as to ausobod. OepitaliZed terms not odWWhc ddimd beaaia shalt have the meaaiag awnbed to thccm is the MuVr Lean. 2, Term. Subject to the provisions of Section 14 herein, d+a term of this Sublease ('`Toni"') Malt conunwoo on a.) July 26. 2oDi (tho "Comsat wamet is Dads') and shall end February 28, 2003,or on such eaulier date upon which said Terns may,mpire or be terrnineaed puLv=t w any of the conditions of limitation or other provisions of tint Sublease, dw Master Lass.or porsuant to law. 3. Ila. Subtenant tthsll use Ito Subicsied ProW es!br gen:ral office putposts and )A strict confommme with allowable um under the Master Loaec ail for no other purpose without the prior writka coxnat ofDAS and District, 4. merit:. A. Subtarant shall pay DAS as monthly base sees: of $6,542-1 t for the , SubLaasod Premises on the first (tat) day of each ealcudat month d.ring ilw Term of this r1Mr+�+nsyni►1tni3a t T r3•art+tapieteo 07/19/2001 01:08 6504621003 DRUGABUSE SCIENCES PAGE 03 t1L- 2G01 �i�i 11 4i AJA FAOM:KA��..ItA FAX:65 85716_'a PAGE 3 iq-ILL-c0 as iS:e9 uE KAIOfs2A 33 1 :6e4e2SG A f�5+7d67i690 P.Yl 'P0? Sublease according to the following schedula: The fist and Taal awry 1'e base rant shall Ito due and payable on tine daft of execution of d9a Subigue. AD rent abet: be payable, in advanswa, without say o?Paet, deduction,or abatomont, except as otherwise act ft,rth in this Subloase. The Parties hereto agrco that the nv thly rent has beer+negotiated as a fix:d amount and thnut,as an iuduoetnens for Subhxrant to enter into this Sublease, rein shall not i acme during the Torre; DAS shall be responsible for any rent increases under Section 5,2 of the Matter IJnaw sad for any additionsl rent or amounts duo under dw Master Loaso,exc W as at t forth in 11 below. B. Subtenant shall also pay to DAS all"Addidoaa Rent"for to Subieasod Premises for out calendar month of the Torm witlt.irn tort (10) days.ther delivery by DAS of invsiota evidcacing Addidonal Rant. .Additional Kenn"shall consist,if any deiinqueat chargcg due sad payable by Subtenant to DAS or airy other chary due under it it Mentor Lease related to tho Subleased Pn m ise,not irAudog any not increases under section 5.2 of the Master Leans. POT purposes l ersin,"Rent"shall inetudv all monft ban rest,secant dgwvit,and Addidonal Rcut. s tiLLMU. Uospt to the extent the dsey are inapplicable to, or caoditled by, or excluded by, the *=a of this,Sublease, all of&I coveiss m, agrooments, . teas,pmvW=and conditions of the Ma ter t,easa ate hereby inow;totatcd taco and made a part of this Sublease.Except to title extent that fty we Inapplicable mot;modified by,the terms of this Sublease,the rights ens obligations contained w the Mastar Lase are hereby irnpoeed wort the respective parties heaeto, PAS being substituted for'Mism '• ,attr od in the Master L a,Subteaant being substituted for to"Lessee"named is the Mawr tmae,and"Subloptod Premises" bt lag substituted for ties '?remises" osmed in she Mesta Last. Bxcopt as so excluded, insgpiicsble or moth"filed,ail am and obligetim to be pelt:ned and ail of tlnc Wm and conditions to be observed by DAS as Losses under the Master L,.4= with respect to the Motor Lam Premises shalt be pertcmed and observed b Subtoc,at with reread to the Sub)esaeed PmMises.In tint event District shall,at any time, sa ones"we or may of its , obligatiotu =4= the Mesta Lease, Subtanant shalt ptovldo Subiandl;ad with souse of such fhbre and Subbadcad mail. is tam, ptomptly, pttovldc District w.:h ytofico of asme and diligently use all reasonable ai'Flarts to enfbcce its rlgta 4wrtrander an ;wbalf of the Subtmiant, providin& however, Sublandlord shall have no obligations to aakWly:ses Fmi. or fulfill any of Mt-lct's obligations uvdor the Motor Laase,-Any obligation of Sublim Hord which L o=Wncd In this Sublease by the incoq*ration by refersnee of the Vmvuions of t.c Master Low may be observed or perlbnnted by Sublandlord using reasonable *MtU (whis:s @hail not requite she institution by Sublandlord of any hfigatkm or the advancernmt of any f.ads by or the incurring of any material third party can or expense an to part of SuWAudlord)to saes the District under Ma Master Law to observe"or poribrm the same,and Sublandlatd ehahh have a reasonable time eo enfomo its rights to cause such observance or perfenam it. 1!, alter the dxpimdou of twenty-five(25)days following written request%in Subterurma SublapHard ahall fail or nNes to take appropriate aatiou for dre cafowvament of Sublandiord's rigfr.; against laimnat with mgttsot to the%Vr tises,Subtemmt slmil„as its sole and exclusive re Sly hums Idea,have only tltc ri&to Sake such action in its own name or,ifn quiml,in the time;Ff$ublaudloid,and, for that purpoet anti only to than cadent,the rights of Sublandlord under the.�Uster Lassa are hareby conferred upon and assi{fted to Subtetm% send Subfsoant is ht mby sn:rogwd to such rights: prmaded, however, that Subteasnt shall indemnify and hold SablandLed haraticas from and sgairtat any leas,cost,damago,expense or claim,including attorneys'fee:and expenses,suffered Piety Pac�nMnr>If=s�t t f h.e� -2- 07/19/2001 01:08 6504621003 DRUGABUSE SCIENCES PAGE 04 JLL- 9. 2001 N 11 .42 Ali FROM A.I uARA FAX:65a85716:,O PAGE 4 19-JlL-t'.F�i 19:30 OC :KAIDRRA 33 1 5624MG A 63E`�t169e � P.203,007 by Sublewdlord era s remelt of Subtai aft sssortinn of its rlghtt ham ender. Subte=t sball be e:tttltled to rwover from Subtemdlord, and Sublandlord ago= to scan wise Subtenant fbr, any and AD oa%3 and expenses (inclrrclittg without limitation masonable i =meys' hm and east:) teasonabiy incurred by Subtenant to swwss ally a nforotng its nota he:wu*,u dotemined by the ultimare nint of Pict. 6. Su ordinalinn Rightt t ►e M&jw maw`* Tits Sub%&it and Subtenant's dew under this Sublease shall at all tines be subje wit and subordtn$to to the .,nderlying Maatar Loaaa. N any coaflias between the Matter Lease and the subleue ooeurs,die 2'lasteir Lease will comrai, eacaspt as inapplicable to, or =Mod by. the taaloc of No Suble;a ! or culuded iiremn the incorporation provisiom of Section S bereof. Subtenant aalnrowled,xs and agroce that any termination of the undor4ing Master Luse shall extinguish the Subleaol.,at District's disc»tlon, without liability to DAS; provided, howovss,that such tetraination is :ot due to the default of DAS under the 1,Wter L.easc or to the;voluote,y s=mder by OM of b; rim reader the Nester Lease. Subunant shall lave w ii0t to assign the Sublease or fbrf ter sublet the Subleased Premises without Ilse prior written consent of DAS and the District a'd is strict aoxrfttrarmtuo with the arms of Section IS of the Matter L.errrws. 7. Modificatiana_to taemrmilmmd Terms of Master Lease Subtenant agrees dwt, notwithstanding anything to the o&Mary in this Sublease curd the:Master: [pie,DAS shall not be mquimd th provide any of the ter Am of mr b say of the vgxa o(inch f &witbM liaittation, . 3 maintenance and repalm required pursuant to Section 11 of the Masan ==).tmpt'oveale&or rsesm moon. or poefoan any of tbc odor obligations that rile Dieltrsor 1 ris opted to'previds or make or cacao to be provided or made undo this provisions of the Mr:etee Loose,respectively, lacluding,without 11miti tioa,sruirs,utilities,insu w=as set forth in S:ction 11.Section 9,and Section 10, respectively, of the Master Loess and indernniflcation ob .gatiom and Subtenant shali rely upon and look solely to the District far the provision or mal ing dwwt. DAS. upon mquost of Subtalant,agrees to use reasonable efforts to tar M District U observe wWor perfosm arty stscir obliptfons; provided, however, without limiting the general y of the forogoitz the obligation of DAS mum`reasonable efforts"shall not be construed as r-,gWring DAS to bay any sonny or inciz nay cost or liability beyond that which it has under #re Msstar Lease or to institute at prosecute any le0 ation or prooseding. 8. Donditigg f I,imEd nreimite:s. A DAS ahsll deliver the Subleased Premises to Sub.anent in its esrunreat"as- is" ooadidoa, and Subtenant shall rely solely an Subtananes own scut-xdca of the Subleased Prennses and the ph*cal eonditwe tbarsef, Mludin& without lirui:rtiory socorisibility and locati=of utilities,tiro condition of impnovaumts and the a xiste me of �swntiers materials,aid not on any re yre serntsUans or waizsadw of DAS or Its sterns,employed,Of conrtxa WM vrhetlar err ors or fiend s act fbah is tins next stsatm me. to pt letrp ttJtrCfp . R. Subtenant"I no makes or sutler to be*A&city alterations.additions or in pruvements (collectively,"Alterations in,on or to the;Subleased Pf:misers without the prior written consent of DAS and District, whiab eenseesS, as to DAS, thin not be uruaa>sorunbly withheld. All Altcradoeu shall be performed in strict ooesrpliancc with:;0010A 12 of the Matter L.asae. in the event DAB canm is to the making of any areb Alwatior by Subixnenr,the emtoa F.wy 3ftwnowA#M"X17 vj.fWVftftAw -3- 07/19/2001 01:08 6504621003 DRUGABUSE SCIENCES PAGE 05 Jliti- 9-2C81 TKU 11 �43 V FROM:Kh, ,ARA FAV 65085716'(j PAGE 5 19-3iJL-203i 19:38 aE r KAIOARA 33 1 56e4eE66 R XW3571b90 P.W4/037 shall be made by Subtenant at Subtenant':into cost sues expense,an I any contractor or person selected by Subtenant to males:the name shall first be approved in wr sin#by DAS and District, Upon the expiration or pones%mimt0a of this Sublease, Subtena t thaatt, upon demand by DAS, at Subtertartt's sole eaost and expestse, kdhwith and with all tile diligowo. r move any . Alterations made or paid for by Subtenant,and repair tmd restore the S.iblerawd Pmmmlm to flair origtasi cacmditiosa,ordinary wear And tear exceptod. Finally.DAS will waporste with Subtenant to aequirt District's consent to any Altwatione,but Subtenant aclrnow)Ages that DAS makes no nepre;aentation as to Dlatriot's willingness to approve such Alterations ind shall have no LabilIV for District's failure to pmvWg such approval. C. Subtenant adtall, at its mole coat, main all mod:AcatIMS, uterus and improvwtaents to des Subieased Pmmises and Building that ere mquin i by any applicable city. state or federal rule, law, regulation or order Wasum of(I) Subtena irs pptieulu use of the . ( Wblcucd Premises or Building; (ii) Subbenant's appliomion far any permit or Vveronvatal APPMal;or(1)Subtensnt's making of any Alteration to or within tbo itubleand Premises. All other lmprovemenss or capital sxpenditum relating to mw catioam, altenatiow or improvements to the Subleased Frarniata,Master Lease promises or&iitdietg shall be governod by the tctw and conditions of Section 12 of the Master Lease. 9• rtc_e. Subtenant,at its sole cost and muse, shal I obbio and keep is hilt forces and effect daring the enUm tam of this Sublew such ivanwwr, end in such vrauata,sea one rcgWM under Sections 10 or** Mason Lcame. DAS and the D.helot shall be fumed as addltlonal=wed p Mas under any such policy of mvirsnae, Subhw,toed,at tat bole owl and exPmue►shall coaftA and hoop in full tome and affect dewing ft sett m terse of tWs Sublease such liability iawanoe, and In suoh amaunts, as is required undor S!#ion 10 of the Master lease. Sttbtemnt and OAS shall each obtain from ibw respective fra r-rs hereof•waiver of all rights of subrogstloa as set tbrth in Section 10 of the Master i^so and the other wal"m cmi,aincd in Soction 10:hail apply its between tba Subtemant and DAS. In addition to obtaining waivers from tbs parties'respectivt insurers,Sublandlord shall request t+at Maim obtain such a waiver of subrogstton righu against Subamm from lits inaurst(s). 10. ;sty Deposit. Upon excoution hereof Subtensnt &.Sall depwit with CAS eighteen tbayusaads seer 0/100'Dollars(S1S.000.00)in the form of an it wooabiea letter of erodit to DAS, as security far the peribinmocc by Subtenant of the teams and conditions of thin Sublease. if Subtenant is in default after tramp of the applicable notice:and ours provision.the romainW balance of the security deposit steal I be Immediately due any I psi Wpm If Subtenant fails to pay Rawl, additional charges or other expenses due beretutder of of tcrwiso deflrults with respect to any provision of this Sublease,DAS may draw upon, use,a'ply or retain all or any pardon of the security deposit for the psynuma of any Root,Additional R m> or Other expensets in dd Ul� for the payment of any otbesr sum which AAS has became oblig sled to pay by mason of Subtanaot's defwlt. or to comapcnaste DAS for my lots or damage v 3ich DAS has :attend _ dwaby. if DAS so uses or applies aft or any portion of the Security Asposit, then Subtenant shall,within tear(10)days stole demand tberefor,dspostt cash with DAl in the amount tequimd to nacre ate dcpoalt. if at the end of die Term,Subbatttnt is not in deft W4 DA1s sball return to Subteneat dW pardon of to security deposit which has not boon appl'A by DAS pursuant to this Srctim 10,or which is not otherwise required to ours Suba*tnl's d t3tults.Notsv16stttp41a the fbtireping,DAS Omit give Subtenant five(S)days'prior written antis a prior to DAS drawing 1104Y 00Ww"l IN17 Y3-3uWv"&v -4- 07/19/2001 01:08 6504621003 DRUGABUSE SCIENCES PAGE 06 J'UL--9-200'i iI U 1 i:43 AM FROM:KA�_ ,ciA FAX:65035716 '0 PAGE 6 1:+-JUL-20 31 19131 DE :KAIDARA M 1 352422S6 A 1651135716N � P.ii105�E0Z upon ar using In any a AMOr the security deposit. Tn auy event tho D posit el`talh not be used to cure any defaults by or bums due from Suhrlandlord under the Master Ia.L%e. I l• L931.14911s. The time limits pr*vidM in the Mate' Lease for the giving of natives,malting demands,perfvranaucdr of rosy act,condition,or coven tat.or*c sxarciao of any dAt or M edy. shall supply crrcapt that Subtcne»t shall lotus two(2) 'ewer days to pcdcsm, as appropriate; to that notiaos may be given, demands made, or say ax y =uNtioo, or covenant Dcsfom+ed.or any right or comedy exorols0d, by DAS or Subtenant,a; ibo cane may be. *plats the time limit relating therM conudacd in the Maw Lem. 11 oft. All eyelid S ul other oomrerunlcaetona which re mquirrd or decirod to be given by either party to tttc other hereunder shall be is writing am I shs11 be lent by United Stones registered or certified mail. Postage prepaid, return nxeipt M seated, addrosew to the appropriate party at 1% address as such party shalt have last ddmipn d by notice to the other I"in tic manner herein provided Notices and oonmunieadons to D, .S shall by sent to: 25954 Eden Landing Road Hayward,CA 9434.5 Notices and cmunwdoationt to Stibcertant shall be sent to the Subloaaod Promisor,unless prior to date of .980 IndusWal Ave,Palo Alto CA 9s d a03, Notices z other dwmmtmfcations shall be deemed sivan an the date so mailed. 13. AmAndUMM& DAS and Subtenant shall not amend in r;iy respect this SubkAso unless such is in writing and signed by bout parties. i 14. Can This Sublease atoll be subject to rite written c:erwr t by Plattict to the terms and conditions of this Sublemw, which Shell net bsoome et'fised-s union and until such consent is executed and delivered by such parties. If District fins to co sent to this Sublease by July 26.2001.and to a"that there an no defaults under the Masw i.case, tlse Sublease shall sutoasatirAHY lernrimto sad acidtor patty shall have any continuing riat.A Sstinst or obligetions to the other withmspcct to the Subleased'Premises at this Sublease,exo pt that OAS shalt slurs to Subteaw all advance rants and security doposits paid by Subtmrtn: to DAS. sublandlor+d hereby states that them are no defaults tinder the Master Lease by either 1:uty. 15. T?rdemtti�fl9sl• A. Subtenant shall bdatsaify, defrmd. proted and 1 old harmlcaa OAS ind DAS's a icars,directors,agents and empkryees(couectivaly,"DAS s A stics")from and against all liability,co,ct,dema}le and expense(Including wither limitation,ret tonsblr art nuts'leas) arising from eithw: (i) t2ta negfigtasdxt, willful misaotuiuc% or brow -i of this Sublease by Subtarstnt or Subtenanes officers, directvta, spats or ernployaes (o:hiectively "SuboorAnes PatdcO, (ii) U use of the Svbiesaod Premises by Sub%osat or Subic asWa' Parties; (iii) tbo oouan,ction of the Alterations or any olsims for work or labor perfim aid,or for awls or . supplies fimisiW to or at the request of Subtenant is relation thereto;o (iv)the use,release or disposal of Hazardous,lytaterials by Subtenant or Subsounc's Parties pro••idsd,howww,flat the indannificatioo provl&4 in this Section MA shall not apply to fte weer t that any liability,cast. rtrsy ueomoasr'wsxssiz a•sn ,doe -5- 07/19/2001 01:08 6504621003 DRUGABUSE SCIENCES PAGE 07 JUL- 9-R,01 TO 11.4� A14 FROM:L. .,RA FAX:65485716 L PAGE 7 1.-3u- lE+i ifi.?i t =KpzE Ft 33 1 P.+`m.7 damop or ixge M Ohm horn the ,gross 944mcw. wt ufw now o A424 ou branch Of do Sublem by t3AS or DAro Pthttim H. The tar*of this Scatkm 15 oMll wr4fvc tht ox hmUm or tca>a atloo of this 6ublarse. u remainder of*M pngt is inw4oudly left bu Al i .�rneearakw�il�3.s�ow.aer .G. 07/19/2081 01.08 6504621003 > ABUSE SCIENCES PAGE 08 JUL- .9--2C41 ThU 11 .44 Aft FAX:b5085716 0 PAGE 5 t9�IU..-�'. f9o'JI OE WAIbARA 33 t 562422" _-- A ;tom 169e P.00Tfia07 A. SubW%ut shun be entitlod to use„ on a noncxc usNc basis and fms of charge,all of the pa king stalls availabio for use by DAS for the St1Wta red Preaaisas as net forth in Me Master].+case. $. Subtenant shall be responsible and stall pay to )AS upon demand lay late charm owed arising out of Subnensnt's late peymtsat of Rmt hcmff ter. C. Thic Sublease may be executed is couataapwl cacti of Which When i executed shall cor*dWte but one csiginal, astd all of which together ball constitute a single agieemcIIi. 17. Holding Over. This Sublease shall tarmiaate and boxcar a null and void without htrthw notice upon to expirstioa of the Terse hertiu spacifled an ; any hol&9 ow by Subtenatt after such expiration dtall not constitute a rcoewal lttroof as I ve Subtenant any rights uader this Sublease,except as otherwise herein provided, it being seders god and agtoW that this Sublesse eaanat be rmuwed, exta ded or is any mawgr modiftW Bata pt in wriUN aignod by both parties hereto. If Subamaaat shalt holed over for any period afW the aphiflon of said Tom , DAS mey,at Its option,exorcise by written notice to Subtenant,to crest! 4btnaaat as a Subtenant from raoarh-to-moath coal MW,Ort30 on fate first day following the expirat oa of this Sublcasr and subject to the terms and conditions herein contained, at a smtal in the ,mount of two bsnmdrW percm%%(200%)of the last moridgy rwtal,plus all other cbaMes psyablo areundcr. If Subtanant faits to suave W the Sublcaeed Fremisos upon the expiration of this Sat;sane despite demand to do aA by DAS, Subtcaaat shall indaaalfy and hold DAS harmless h.M all lose or iiabiGty, including without limitation, ally claim made by On District of by as snc=diag Subtturat founded on or resulting fmm much fsilum to nmuader. IN WrI'NESS WHEREOF, the psrrles hasto have executed this ;uhicase as of this data first above written. "DAa" ••8Ut9TZNAMr' DRUOABUSE SCIENCES I , KAIDARA,IN NC. a calltornis Corponolaa a Delawwv tine By: Lax arm-tom GkA�D D l�1l i ay. 1't;c1•..l w� 4 w -o Its: i v0toLl, ed P.-,My igCunwena M3iV117 r3-6rDirwx'eo -7- Regional Open S ce 1 1rV'�.� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-90 Meeting 01-17 July 25, 2001 AGENDA ITEM 6 AGENDA ITEM Authorization to Contract with a Printing Firm to be Recommended at this Meeting for Printing Services for Fiscal Year 2001-2002, with an Option to Extend the ontract f6r Fiscal Year 2002-2003 GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a contract for printing services with a printing firm(to be recommended for selection at this meeting) for the remainder of fiscal year 2001-2002, for an amount not to exceed $100,000,with the option to extend the contract to fiscal year 2002-2003, subject to further Board approval. DISCUSSION District staff solicited requests for proposals for printing services this spring, and received ten proposals. Printing firms were asked to provide cost estimates for completion of a sample District printing project (including prep,proof, film, special bindery set-up,handling and shipping charges). The printing firms submitted both job and per-unit costs for production of the newsletter. They were also asked to submit expected production times, work samples,references, and information regarding their general background and qualifications. They were asked to include experience working with government agencies and land conservation and/or environmental organizations. The printing firms were also asked to base their costs upon procurement and use of papers and inks meeting District environmental standards. Among the ten proposals received, cost estimates for the first sample project(printing of the District's quarterly newsletter)ranged from 43 cents per unit to 73 cents per unit(which equals $8,649 to $14,530) for the entire printing of a newsletter to go to current District constituents. The cost to produce a number of newsletters sufficient to also mail to coastal residents ranged from$12,893 to$21,584. District staff has asked the printers who submitted the five lowest bids to provide further information. At the time of this writing,printers are submitting information regarding their ability to print other District products of unusual dimensions. Staff is checking references and comparing customer services. Based upon cost and performance criteria, staff will select and recommend contracting with one of the printing firms through the end of this fiscal year. Assuming satisfactory service and future Board approval, an option to extend the contract to fiscal year 2002-2003 will be brought before you at a future meeting. Prepared by: Stephanie Jensen, Public Affairs Manager Contact person: Same as above 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 L*w- Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open S, ce R-01-89 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-17 July 25, 2001 AGENDA ITEM 7 AGENDA ITEM Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and Approval of Amendment to General Manager's Employment Agreement AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS 1. As a result of the Board's evaluation of the General Manager's performance for the period of March 10, 2000 through March 9, 2001 and compensation review for the position, the Ad Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based on the General Manager's performance and a 4% cost of living salary adjustment, retroactive to March 9, 2001. 2. Adopt the attached resolution amending the General Manager's Employment Agreement to reflect an adjusted salary of$131,959.36, and a 5%meritorious pay award totaling $6,344.20. DISCUSSION The Board completed its annual evaluation of the General Manager's performance and compensation for the position at its July 17, 2001 special meeting. The Ad Hoc Board Appointee Evaluation Committee, composed of Directors Siemens (Chair), Cyr, and Little, was instructed to serve as the District's negotiator and was directed by the Board to meet with the General Manager to review his compensation. Based on the General Manager's performance, the Committee recommends a cost of living adjustment (COLA) of 4%, which is the same COLA received by all District employees for fiscal year 2001-2002. The General Manager's adjusted salary will be $131,959.36. This increase will be retroactive to March 9, 2001, the anniversary date for his Employment Agreement. The Employment Agreement calls for an annual salary review and contemplates a determination of an adjustment each anniversary date; therefore, a retroactive date for this adjustment is appropriate. Based on the Board's review of the General Manager's performance during the evaluation period, the Committee also recommends that a 5% meritorious pay award ($6,344.20)be granted the General Manager. This award is not a salary adjustment, but rather is granted as a one-time award in recognition for performance during his year of service from March 10, 2000 through March 9, 2001. The Board is very pleased with the General Manager's overall performance during the past year. 330 Distel Circle • Los Altos, CA 94022-1404 - Phone:650-691-1200 Fax:650-691-0485 + E-mail:mrosd@openspace.org 9 web site:www.openspace.org �� OM.s, Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton i R-01-89 Page 2 i Significant accomplishments included: • The Hiring of 24 positions, including 9 promotions and 15 new hires. • The Workplace Enhancement Plan(WEP)was completed and implemented, which included the General Manager meeting at each work group location. • The District acquired an additional 1,131 acres of land, including acquisition of the 259-acre Krone-Bishop property next to El Sereno on a substantial bargain-sale basis(a 20-year effort!), and completion of the Bear Creek Redwoods Open Space Preserve's acquisition process, which included $5 million in grant funds and a $5 million fund-raising effort by Peninsula Open Space Trust. • The Operations Program Review process was completed and the remaining items converted into an action plan. • Negotiations to assume management of Rancho San Antonio County Park were completed, and a corresponding agreement with the City of Mountain View for operation of Deer Hollow Farm for a 10-year period was completed as well. • A formal feral pig control program was initiated and the Russian Ridge Grassland Study was completed. • The Board approved the Draft Service Plan for the Coastal Annexation and the EIR process commenced. • The Board completed implementation of the"Bike Target Ratio for Trail Use," approving the '.... return of seven preserves to a"tranquil" open space experience. • The District obtained $11.6 million in new acquisition grants, the highest amount in the District's history. Submitted by: Ad Hoc General Manager Evaluation Committee (Directors Siemens, Cyr, and Little) Contact person: Director Pete Siemens RESOLUTION NO. 01-- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING 2001-2002 SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR THE GENERAL MANAGER AND APPROVING AMENDMENT TO GENERAL MANAGER EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 9, 1994, with L. Craig Britton, employing him as the District's General Manager; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and an annual compensation review; and WHEREAS, the Board has completed its annual review; and WHEREAS, the Board desires to adjust the General Manager's compensation to include a 4% cost of living adjustment, increasing his salary to $131,959.36 per annum retroactive to March 9, 2001; and WHEREAS, the Board, based on its annual review of Britton's performance, desires to grant him meritorious pay of 5% or $6,344.20 over and above Britton's salary in recognition of his outstanding performance during the previous year of service; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District do authorize the President of the Board of Directors or other appropriate officer to execute the attached Sixth Amendment to the General Manager Employment Agreement on behalf of the Midpeninsula Regional Open Space District to increase the General Manager's salary to $131,959.36 per annum based on a 4% cost of living salary adjustment, retroactive to March 9, 2001. BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution a 5% meritorious pay award in the amount of$6,344.20 over and above the General Manager's salary for meritorious service in Fiscal Year 2000-2001. SIXTH AMENDMENT To EMPLOYMENT AGREEMENT GENERAL MANAGER WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Employment Agreement("Agreement"), dated March 9, 1994, with L. Craig Britton employing Britton as the District's General Manager; and WHEREAS, the Agreement was last amended on July 26, 2001; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and an annual compensation review; and WHEREAS, the Board has completed its annual review and desires to adjust the General Manager's current compensation to include a 4% cost of living increase, increasing his salary to $131,959.36 per annum retroactive to March 9, 2001. NOW, THEREFORE, the parties agree that the Agreement shall hereby be modified as follows: 1) Effective retroactively to March 9, 2001, Section 3(a) is hereby amended to read as follows: (a) Sala r or the services to be performed hereunder, Britton shall y. As compensation f receive a salary at the rate of$131,959.36 per annum. District's Board of Director's(the "Board") shall review Britton's performance and salary annually. It is further agreed that in all other respects the Agreement is hereby ratified and reaffirmed. In witness whereof, the parties have executed the Amendment this day of July, 2001. By: Pete Siemens, President L. Craig Britton, General Manager Board of Directors Regional Open S ice ------------------------ 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-83 Meeting 01-17 July 25, 2001 AGENDA ITEM 8 AGENDA ITEM Authorization to Solicit Bids for Paving and Repairs to the Driveway at Thornewood Open Space Preserve GENERAL MANAGER'S RECOMMENDATIO 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Authorize staff to solicit bids for paving and repairs to the driveway at the Thornewood Open Space Preserve. DISCUSSION In the fall of 2000, Planning staff evaluated the condition of the entry driveway to the Thornewood Open Space Preserve off Route 84, and recommended initial repairs and a subsequent maintenance program. Staff expects to solicit bids for the initial repairs during August 2001, and anticipates that the work will be completed by October 15, 2001. The proposed repairs target only the asphalt driveway at Thornewood, which serves the District's tenant, James Stienmetz; the life-estate tenant, Francois Richard; and the District's public parking lot. The proposed repairs involve the removal and replacement of approximately 2,000 square feet of asphalt. In addition, a 2-inch asphalt overlay on 1'elromal, a reinforcing fabric, will be laid over the entire driveway from Route 84 to the large gate below the Richard life- estate parcel (see Exhibit A). This work will add stability to the structure of the driveway, will improve the smoothness of the surface, and will provide a safe driveway in good repair. On behalf of the District, Eccles Engineering recommended the replacement pavement design for this work. Fundins; As the Board is aware, the District and Mr. Richard were not able to agree on a cost-sharing formula for these repairs. Mr. Richard filed a petition asking an arbitrator to apportion costs according to use. The arbitrator's decision was confirmed by the court in May 2001. The decision stated that 75% of the costs of repair and maintenance is to be borne by the District and 25% of the costs of repair and maintenance is to be borne by Mr. Richard. At your March 28, 2001 meeting, you approved the fiscal year 2001-2002 budget (see Report R-01-45), which included $30,000 for improvements to the paved driveway at Thornewood Open Space Preserve. Staff estimates that the allocated budget will be sufficient to fund the District's portion of the improvements. Before the solicitation for bids, staff will review the proposed work and specifications with Mr. Richard, since he will be sharing in the cost of that work. Once the bids 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 *Mg� O"Z"P, Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C.Nitz -General Manager:L.Craig Britton R-01-83 Page 2 have been received, those submittals will also be reviewed with Mr. Richard. If both parties agree that the proposed work and bids are acceptable, staff will return to the Board for an authorization to award a contract for the repairs. CEQA COMPLIANCE Project Descri t}tiion This project involves repair and maintenance of the paved, 9-to 10-foot wide driveway, which extends from Route 84 to the gate of the Francois Richard life-estate portion of the Preserve. The project requires the issuance of a Building Permit by the Town of Woodside. Project Determination Under CEQA This project is categorically exempt under Section 15301 —Existing Facilities of the Guidelines for Implementation of the California Environmental Quality Act (CEQA). The work to be performed involves the repair and resurfacing of an existing driveway, with no expansion of the existing use. Prepared by: John Cahill, Open Space Planner II Contact Person: Same as above THORNEV*OD OPEN SPAC'- PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT � N For complete trail information,refer to a Wunderlich County Park �. ,.its map. % o Portola Road o 44 WUNDERLICH too COUNTY �PARK�' � . . � 12O0 f l I > 1)a ()() bique Creek w„ Notice: PRIVATE DRIVEWAY No vehicles beyond this gate. No parking along road. PROPOSED ®� ° DRIVEWAY REPAIRS (TW01) 800 1I0.5 I RICHAR LIFE ES ATE AREA 0.2 1200 � Schilling r0 Lake ,• 84 �m• 3S c\H O�c 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 5i2000 One Mile Map Legend Trail Use .0 Hiking,Equestrian Gate(10 Tra Distance in Miles Vehicle Driveway Vehicle Parking Lot Other Public Lands No Public Entry Private nr Leased lands Dogs on Leash Permitted on Designated Trails Regional Open S--`ice R-01-86 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 0 1-17 July 25, 2001 AGENDA ITEM 9 AGENDA ITEM Authorization to Solicit Bids for Paving and Repairs to the Parking Lot at the Administrative Office Building Located at 330 Distel Circle, Los Altos, CA GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Authorize staff to solicit bids for paving and repairs to the parking lot at the administrative office building. DISCUSSION As part of a continuing program to maintain the District's overall facilities, staff has determined that the parking lot at the administrative office building at 330 Distel Circle in Los Altos is in need of resurfacing and re-striping. In addition, "root-heaving"has damaged minor sections of the parking lot, requiring the removal and replacement of asphalt in those areas. The total paved surface is approximately 13,000 square feet and accommodates about 45 automobiles. Staff expects to solicit bids for this project during August 2001, and expects to complete the work by the end of September 2001. Funding At your March 28, 2001 meeting, you approved the fiscal year 2001-2002 budget(see Report R-01-45),which included $269,000 for improvements to the administrative office building. Of that amount, $11,000 was allocated for the resurfacing and re-striping of the parking lot. Staff estimates that the allocated budget will be sufficient to fund this portion of the improvements. CEQA COMPLIANCE I Project Descd_ption This project involves exterior maintenance to the site of the District's existing one-story office facility at 330 Distel Circle, Los Altos. The project will require the issuance of a Building Permit by the City of Los Altos. The work includes the repair, resurfacing, and re-striping of the existing parking lot. Project Determination under CEQA This project is categorically exempt under Section 15301 — Existing Facilities of the Guidelines for Implementation of the California Environmental Quality Act. The work to be performed involves the repair and maintenance of an existing structure, with no expansion of the existing use. Prepared by: John Cahill, Open Space Planner II Contact Person: Same as above 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 #V;#: OFR'EST Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open S ice 1 1 R-01-87 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-17 July 25, 2001 AGENDA ITEM 10 AGENDA ITEM Authorization to Solicit Bids to Remove One Minor Structure and Various Debris at Sierra Azul Open Space Preserve and Restore the Area to a Natural Condition GENERAL MANAGER'S RECOMMENDATIO 1`\� Authorize staff to solicit bids for the demolition of one minor structure and the removal of associated debris at Sierra Azul Open Space Preserve. DISCUSSION Background At your August 9, 2000 meeting, you approved the acquisition of the 41.75-acre Williams property, located in the Los Gatos Creek watershed, as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve (see Report R-00- 106). The adopted preliminary Use and Management Plan calls for the removal of a garage structure, a number of old trailers, and a considerable collection of debris found on the property. A California Environmental Quality Act(CEQA) determination contained in that report categorically exempted the structure and associated debris removal. Recommendation The demolition of the structure is necessary as it is no longer used, is in extremely poor condition, has been heavily vandalized, and constitutes a potential safety and fire hazard. The removal of this structure is desirable prior to allowing limited public access to the site on a permit basis. The structure and debris, including six old travel trailers, are unsafe and detract from the open space value of the property. None of the items have any architectural or historical significance. The garage structure would require extensive repairs to bring it into compliance with current building and safety codes, and as such, its retention is not warranted. Planning staff has recently contracted with consultants to analyze and abate any asbestos-containing materials contained within these areas. An evaluation of any hazardous materials in or near the items to be removed is currently underway. Also,the road providing access to the site will probably need improvement in order to accommodate the large trucks and equipment required for the project. Fundin At your March 28, 2001 meeting,you approved the fiscal year 2001-2002 budget(see Report R-0145), which included $25,000 for the demolition of these identified items. Bid documents are being prepared, and the demolition permit will be obtained as a part of the awarded contract. Assuming that the Board authorizes staff to solicit bids, actual project costs will be presented for your approval when staff returns for authorization to enter into contract with the recommended successful bidder. Prepared by: John Cahill, Open Space Planner II Contact Person: Same as above 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 Cif O:RE.r Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz •General Manager:L.Craig Britton Regional Open S ,ce s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-80 Meeting 01-17 July 25, 2001 AGENDA ITEM 11 AGENDA ITEM Authorization to Contract with Tamara Kan for Biological S ey and Mapping Services GENERAL MANAGER'S RECOMMENDATIONS I. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Authorize the General Manager to execute an agreement with Tamara Kan in an amount not to exceed $25,000 to provide biological survey and mapping services on an as-needed basis for Planning's capital improvement projects and resource management projects during fiscal year 2001-2002. DISCUSSION There are a number of capital improvement and resource management projects in the fiscal year 2001-2002 Action Plan that require the services of a consulting biologist. For the Special Status Plant Survey, a resource management project, staff requested proposals from nine (9) firms. Tamara Kan was selected because her proposal was the most cost-effective, because she has experience mapping rare species in Tahoe National Forest, and because she has an intimate knowledge of District preserves (Ms. Kan recently completed a non-native plant survey of the District for which she walked all of the trails on each preserve). For the completion of the Special Status Plant Survey, staff entered into contract with Ms. Kan for $9,850 under the General Manager's authority. The La Honda Creek Watershed Vegetation Classification project, with an approved budget of $20,000, is another key project in the fiscal year 2001-2002 Action Plan. The firm selected to lead this project is Aerial Information Systems (see report R-01-58). Previously, Ms. Kan worked with both the District and Aerial Information Systems to perfect efficient ground- truthing methods in support of the Sierra Azul resource inventory. The valuable experience she gained on that project, combined with her knowledge of the La Honda Creek region, has led staff to determine that Ms. Kan is the most qualified and cost-effective biologist for this new vegetation classification project. Therefore, staff has prepared a contract in an amount not to exceed $5,000 for Ms. Kan to provide mapping support to Aerial Information Systems on the La Honda Creek Watershed Vegetation Classification project. 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`�EEs Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton R-01-80 Page 2 There are also a number of miscellaneous projects that will require biological surveying or mapping work: pre-bum surveys at Russian Ridge Open Space Preserve; special status plant inventories for trail realignments in lower Windy Hill Open Space Preserve; survey work prior to FEMA-funded construction projects, such as the repair of School Road in Long Ridge Open Space Preserve; and other unanticipated projects requiring biological inventories in order to comply with the California Environmental Quality Act(CEQA). Ms. Kan is an invaluable resource in terms of her timely responsiveness to these and other projects where the services of a professional biologist are required on a short-term or as-needed basis. Therefore, staff requests your approval to enter into contract with Ms. Kan for the La Honda Creek Vegetation Classification project and other biological inventories on an as-needed basis during the remainder of fiscal year 2001-2002. The anticipated fees for these services during the current fiscal year, including the La Honda Creek Vegetation Classification Project, are estimated to be up to $25,000; however, there would be no guarantee to the consultant regarding the total services that will be authorized. Approval of specific projects or services will be in accordance with current policies and procedures, including pre-project/contract authorization. CEQA COMPLIANCE Project Description These projects consist of vegetation mapping and survey work on District open space preserves. This information will be to help identify rare plant species that may require protection or mitigation during potential construction or capital improvement projects, and will serve as baseline information about the District's natural resources. CEQA Determination The District concludes that this project is exempt from CEQA under section 15306 of the CEQA Guidelines. Section 15306 exempts actions associated with information collection and resource evaluation activities. This project qualifies under Section 15306 as it consists of only the collection of information about the distribution of rare plants and vegetation communities. Prepared by: Matthew Freeman, Open Space Planner II Contact person: Same as above Claims No. 01-14 Meeting 01-17 July 25, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2178 853.81 Allied Auto Works Vehicle Maintenance&Repairs 2179 335.17 Ang Newspapers Public Notice-Helmet Ordinance 2180 573.76 Arbill Gloves and Safety Products Gloves 2181 80.23 AT&T Telephone Services 2182 122.49 Browning-Ferris Industries Garbage Service 2183 2,799.00 BNY Western Trust Company Note Paying Agent Fees-1996 Rev. Bonds 2184 388.20 Brim Tractor Tractor Parts 2185 16.00 Cal-Line Equipment Inc. Safety Decals for Chipper 2186 203.59 California Water Service Company Water Service 2187 140.00 Camino Medical Group Medical Services 2188 112.42 Continuing Education of the Bar Resource Documents 2189 585.40 R.V. Cloud Plumbing Repairs 2190 91.65 Coastal Tractor Tractor Parts 2191 83.00 Cougar Couriers Courier Service 2192 562.50 Michael Cox Historic Mining Research Project 2193 65.00 Decatur Electronics, Inc. Radar Certification 2194 110.00 Department of Health Services Water Certifications-G. Kern and S. Hooper 2195 68.00 Emergency Vehicle Systems Vehicle Code 3 Lights 2196 538.74 Expanets-Formerly Avaya Inc. Telephone Lease 2197 89.59 Tom Fischer Reimbursement-Photography Supplies 2198 600.00 Forestry Conservation Communications Association Radio Repeater License 2199 297.38 Foster Bros. Security Systems, Inc. Locks and Keys 2200 42.09 Fry's Electronics Telephone Cable 2201 360.00 GreenWaste Recovery, Inc. Debris Box Rental 2202 364.53 Home Depot Field Supplies 2203 39.73 H. T. Harvey&Associations Admin. Services-Habitat Damage Report 2204 2,956.22 IBM Computers 2205 1,125.00 *1 JAMS Legal Mediation Fees 2206 725.47 Kinko's Printing and Copying Services 2207 800.00 * Tamara Kan Plant Ecologist Mapping Assistance-La Honda OSP 2208 5,957.39 * Tamara Kan Plant Ecologist Windy Hill Preserve Trail Reroutes 2209 186.76 Lab Safety Supply, Inc. Safety Supplies 2210 50.00 *2 La Honda-Pescadero Unified School District Meeting Room Rental Fee 2211 129.35 Lanier Worldwide, Inc. Copier Usage Fees 2212 271.00 Liebert Cassidy Whitmore Legal Services 2213 175.72 MCI Worldcom Long Distance Telephone Service 2214 185.67 MetroMobileCommunications Radio Cable 2215 25.92 Ken Miller Reimbursement-Bicycle First Aid Kit 2216 7.80 Minton's Lumber&Supply Field Supplies 2217 1,887.00 Neufeld,Jaffe, Levin&Colantuono Legal Services 2218 160.79 Noble Tractor Inc. Oil and Oil Filters for Tractor 2219 260.00 Nyingma Institute Legal Workshop Registration-D. Simmons 2220 796.04 Office Depot Office Supplies 2221 96.08 Office Max Office Supplies 2222 873.52 Orchard Supply Hardware Field Supplies 2223 1,153.08 Pacific Bell Telephone Services 2224 43.31 Peninsula Blueprint ReproGraphic Centers Photo Enlargements 2225 23.76 PIP Printing Printing Services 2226 188.45 PIP Printing Card Stock Printing-Thank You Cards Page 1 Claims No. 01-14 Meeting 01-17 July 25, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2227 255.05 Pitney Bowes Credit Corp. Postage Meter Lease 2228 113.60 Regal Dodge Floor Mats-Durango 2229 153.96 *3 Round Table Pizza Business Meeting Expense 2230 3.28 Royal Brass Inc. Tractor Part 2231 2,946.03 *4 Roy's Repair Service Vehicle Repairs and Maintenance 2232 2,274.88 Roy's Repair Service Vehicle Repairs and Maintenance 2233 1,967.56 San Jose Mercury News Public Notice-Bid Request/Legal Ad. 2234 1,250.00 San Mateo Clerk Windy Hill Environmental Review Fees 2235 1,727.98 Sears Commercial One 2 Refrigerators-Enterprise Rentals 2236 4,370.00 Richard Seever DBA Land Management Resource Pig Monitoring Project Work 2237 240.20 Carrie Sparks-Hart Tuition Reimbursement 2238 312.72 Tadco Supply Janitorial Supplies 2239 21.59 The Bicycle Outfitter Bicycle Parts 2240 240.00 Therma Corp. HVAC Quarterly Maintenance Services 2241 70.00 Tires On The Go Heston Tire Repair 2242 53.00 David Topley Reimbursement-Membership Dues 2243 233.68 Minh Tran Reimbursement-Computer Supplies 2244 9,732.27 2M Associates District Coastal Annexation Studies 2245 8.63 *5 UPS Parcel Post Service 2246 8.46 *6 UPS Parcel Post Service 2247 12.56 *7 UPS Parcel Post Service 2248 80.25 Vallen Safety Supply Company Safety Glasses 2249 225.00 Verio Internet Provider 2250 160.68 *8 West Coast Aggregates, Inc. Baserock 2251 7.99 Wolf Camera Photo Services 2252 600.00 Roberta Wolfe Recording Services 2253 154.22 Lisa Zadek Reimbursement-Storage Containers 2254R 257.65 A T&T Wireless Cell Phone Service 2255R 50.00 *9 Cashier DPR Pesticide Certificate-M.Newburn/Beckman 2256R 187.60 FedEx Express Mailing Services 2257R 3,200.66 First Bankcard 71.05-Business Meeting Expense 99.27-Resource Documents 284.67-Trail Dedication 40.95-Uniforms 11.95-Vehicle Expense 1695.85-Conference Espense-Land Trust All. 327.32-Field Supplies 669.60-Computer Software 2258R 144.72 Foster Bros. Security Systems, Inc. Locks 2259R 400.11 Petty Cash Nature Center and Volunteer Supplies, Office Supplies, Local Business Meeting Expense and Private Vehicle Expense *1 Urgent Check Issued July 11, 200E *2 Urgent Check Issued July 18, 2001. *3 Urgent Check Issued July 12, 2001. *4 Urgent Check Issued July 16, 2001. *5 Urgent Check Issued July 11, 200E *6 Urgent Check Issued July 16, 2001. *7 Urgent Check Issued July 18, 2001. Page 2 Claims No. 01-14 Meeting 01-17 July 25, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description *8 Urgent Check Issued July 18, 2001. *9 Urgent Check Issued July 24, 2001. * In the event Agenda Item 11 is not approved, this claim will not be processed. g PP Total 59,064.94 Page 3 Claims No. 01-14 Meeting 01-17 July 25, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2178 853.81 Allied Auto Works Vehicle Maintenance&Repairs 2179 335.17 Ang Newspapers Public Notice-Helmet Ordinance 2180 573.76 Arbill Gloves and Safety Products Gloves 2181 80.23 AT&T Telephone Services 2182 122.49 Browning-Ferris Industries Garbage Service 2183 2,799.00 BNY Western Trust Company Note Paying Agent Fees-1996 Rev. Bonds 2184 388.20 Brim Tractor Tractor Parts 2185 16.00 Cal-Line Equipment Inc. Safety Decals for Chipper 2186 203.59 California Water Service Company Water Service 2187 140.00 Camino Medical Group Medical Services 2188 112.42 Continuing Education of the Bar Resource Documents 2189 585.40 R.V. Cloud Plumbing Repairs 2190 91.65 Coastal Tractor Tractor Parts 2191 83.00 Cougar Couriers Courier Service 2192 562.50 Michael Cox Historic Mining Research Project 2193 65.00 Decatur Electronics, Inc. Radar Certification 2194 110.00 Department of Health Services Water Certifications-G. Kem and S. Hooper 2195 68.00 Emergency Vehicle Systems Vehicle Code 3 Lights 2196 538.74 Expanets-Formerly Avaya Inc. Telephone Lease 2197 89.59 Tom Fischer Reimbursement-Photography Supplies 2198 600.00 Forestry Conservation Communications Association Radio Repeater License 2199 297.38 Foster Bros. Security Systems, Inc. Locks and Keys Y 2200 42.09 Fry s Electronics Telephone Cable 2201 360.00 GreenWaste Recovery, Inc. Debris Box Rental 2202 364.53 Home Depot Field Supplies 2203 39.73 H. T. Harvey&Associations Admin. Services-Habitat Damage Report 2204 2,956.22 IBM Computers 2205 1,125.00 *1 JAMS Legal Mediation Fees 2206 725.47 Kinko's Printing and Copying Services 2207 800.00 * Tamara Kan Plant Ecologist Mapping Assistance-La Honda OSP 2208 5,957.39 * Tamara Kan Plant Ecologist Windy Hill Preserve Trail Reroutes 2209 186.76 Lab Safety Supply, Inc. Safety Supplies 2210 50.00 *2 La Honda-Pescadero Unified School District Meeting Room Rental Fee 2211 129.35 Lanier Worldwide, Inc. Copier Usage Fees 2212 271.00 Liebert Cassidy Whitmore Legal Services 2213 175.72 MCI Worldcom Long Distance Telephone Service 2214 185.67 MetroMobileCommunications Radio Cable 2215 25.92 Ken Miller Reimbursement-Bicycle First Aid Kit 2216 7.80 Minton's Lumber&Supply Field Supplies 2217 1,887.00 Neufeld, Jaffe, Levin&Colantuono Legal Services 2218 160.79 Noble Tractor Inc. Oil and Oil Filters for Tractor 2219 260.00 Nyingma Institute Legal Workshop Registration-D. Simmons 2220 796.04 Office Depot Office Supplies 2221 96.08 Office Max Office Supplies 2222 873.52 Orchard Supply Hardware Field Supplies 2223 1,153.08 Pacific Bell Telephone Services 2224 43.31 Peninsula Blueprint ReproGraphic Centers Photo Enlargements 2225 23.76 PIP Printing Printing Services 2226 188.45 PIP Printing Card Stock Printing-Thank You Cards Page 1 Claims No. 01-14 Meeting 01-17 July 25, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2227 255.05 Pitney Bowes Credit Corp. Postage Meter Lease 2228 113.60 Regal Dodge Floor Mats-Durango 2229 153.96 *3 Round Table Pizza Business Meeting Expense 2230 3.28 Royal Brass Inc. Tractor Part 2231 2,946.03 *4 Roy's Repair Service Vehicle Repairs and Maintenance 2232 2,274.88 Roy's Repair Service Vehicle Repairs and Maintenance 2233 1,967.56 San Jose Mercury News Public Notice-Bid Request/Legal Ad. 2234 1,250.00 San Mateo Clerk Windy Hill Environmental Review Fees 2235 1,727.98 Sears Commercial One 2 Refrigerators-Enterprise Rentals 2236 4,370.00 Richard Seever DBA Land Management Resource Pig Monitoring Project Work 2237 240.20 Carrie Sparks-Hart Tuition Reimbursement 2238 312.72 Tadco Supply Janitorial Supplies 2239 21.59 The Bicycle Outfitter Bicycle Parts 2240 240.00 Therma Corp. HVAC Quarterly Maintenance Services 2241 70.00 Tires On The Go Heston Tire Repair 2242 53.00 David Topley Reimbursement-Membership Dues 2243 233.68 Minh Tran Reimbursement-Computer Supplies 2244 9,732.27 2M Associates District Coastal Annexation Studies 2245 8.63 *5 UPS Parcel Post Service 2246 8.46 *6 UPS Parcel Post Service 2247 12.56 *7 UPS Parcel Post Service 2248 80.25 Vallen Safety Supply Company Safety Glasses 2249 225.00 Verio Internet Provider 2250 160.68 *8 West Coast Aggregates, Inc. Baserock 2251 7.99 Wolf Camera Photo Services 2252 600.00 Roberta Wolfe Recording Services 2253 154.22 Lisa Zadek Reimbursement-Storage Containers *1 Urgent Check Issued July 11, 2001. *2 Urgent Check Issued July 18, 2001. *3 Urgent Check Issued July 12, 2001. *4 Urgent Check Issued July 16, 2001. *5 Urgent Check Issued July 11, 2001. *6 Urgent Check Issued July 16, 2001. *7 Urgent Check Issued July 18, 2001. *8 Urgent Check Issued July 18, 2001. * In the event Agenda Item 6 is not approved, this claim will not be processed. Total 54,824.20 Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: July 20, 2001 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • Einail: mrosd@openspace.org • Web site: www.openspace.org Regional Open S ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 12, 2001 Ms. Ann Draper Planning Office County of Santa Clara 70 West Hedding Street San Jose, CA 95110 RE: Nomination of Mary C. Davey for Consideration of Appointment to the Community Resource Group to Advise the County on Implementation of the Stanford University Plan r Pe ople: eople: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, it is my pleasure to nominate Director Mary C. Davey for possible appointment to the newly formed Community Resource Group to assist the County in implementing the Stanford University Use Permit and Community Plan. Director Davey's nomination was approved by a unanimous vote at our regular Board meeting of July 11, 2001. Director Davey has already served on the Citizens Committee Task Force that advised the Board of Supervisors on the Stanford University Community Plan proposal. She also has extensive experience in the areas of low income housing and transportation issues. While many of the issues being discussed as a part of the Stanford plan implementation may not directly relate to District interests, there will be discussions about public trails, public access, and endangered species habitat protection. Accordingly, we feel that Director Davey would make an excellent addition to this Community Resource Group. Thank you for your kind consideration of Mary C. Davey's application for the Community Resource Group, as attached. Sincer ly, 1 -i L. Craig Britton General Manager LCB:lz encl. cc: Supervisor Liz Kniss MROSD Board of Directors 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 ftrmvi BF—M., Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C. Nitz •General Manager:L.Craig Britton - - J �, • M..n fit `' ` � �� •� r � f�. �• � N��rt 1 • • t . i �• { y� r • .r�[ Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager I Date: July 25, 2001 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650.691-0485 • E-mail: mrosdgopenspace.org • Web site: www.openspace.org INTEROFFICE MEMORANDUM July 19, 2001 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month June Year 2001 VIOLATIONS CITES TOTALS CRIMES TOTALS CITES Bicycles Cultivation of marijuana 1 0 Closed area 7 10 Removal of archaeological Speed 6 14 feature 1 1 Helmet 13 19 Night-riding 0 3 Unsafe operation 0 0 ACCIDENTS/INCIDENTS Dogs Bicycle accident 3 Prohibited area 0 0 Equestrian accident 1 Off-leash 2 5 Hiking/running accident 7 Off-road vehicles 1 1 Other first aid 3 Closed area 0 0 Bicyclist fatality 1 After hours 0 9 LZ air evacuation 0 Fishing 0 0 Fire (spot) 1 Vandalism 0 2 Parking 45 50 Parking after hours 9 25 ENFORCEMENT Dumping/littering 0 0 Parking citations 54 Campfires 0 2 Other citations 31 Camping 0 0 Written warnings 55 Weapons Arrests 1 Actual contact 0 0 Police assistance 2 Report only 0 0 Evidence of 0 1 Unlawful trail construction 0 1 MUTUAL AID Smoking 0 1 Accident 0 Nuisance dog 0 1 Fire 1 Public urination 0 1 Law enforcement 0 Horse in closed area 1 1 Landing zone off-site 3 SUMMARIES OF SIGNIFICANT INCIDENTS June I An unobserved fatality bicycle accident occurred at Fremont Older OSP. A cyclist saw the victim, went for help and returned to assist. Other cyclists arrived and initiated CPR, which they continued until fire units arrived. AMR paramedics pronounced the man dead. The sheriffs' department and coroner were requested. B. Malone and P. Hearin were the first District rangers on scene. Agencies that responded included a Santa Clara County ranger, Santa Clara County Sheriffs' Department, Santa Clara County Fire, AMR Paramedics, and the Santa Clara County Coroners Office. Additional District personnel included J. Smith, T. Lausten, J. Kowaleski, and J. Maciel. June 3 A visitor in El Corte de Madera OSP who was carrying a piece of the airplane "Resolution"was stopped by S. A.-Minshall for attempting to remove an artifact from District property. The man acknowledged he intended to take it home with him. He was cited and released. June 5 C. Beckman located a burned area(30' x 25)just south of Portola Heights Road, along Hwy 35 Long Ridge OSP frontage. S. A.-Minshall investigated and filed a report, citing information given by CDF that the fire was possibly arson. According to reports received by CDF there is an arsonist working in the Saratoga region. June 27 Unlawful trail construction was found by J. Smith in Sierra Azul. A closed trail was opened and fourteen jumps and six banked curves for mountain bike use were constructed, in addition to two fences being vandalized. The"improvements"were removed. June 28 K. Carlson stopped a visitor riding a"go cart"in Sierra Azul. The operator was cited for an off-road vehicle violation and released. B. Malone assisted. June 30 San Mateo Sheriffs' Office arrested a person for marijuana cultivation in Monte Bello OSP. The arrest was made along Hwy 35 frontage south of the ranger residence driveway. An elaborate watering system involving a pump and tub was confiscated, along with firearms and other paraphernalia. D. Danielson was called out at midnight to assist. Vandalism: 23 A chain was cut in El Sereno OSP. 27 A chain was cut in Sierra Azul OSP. - _ Page lmfl Kristi Webb From: K8ROGO <mrood@openapmce.org> . To: Carlos Griffin <oombo@vo|idthreoLnom> Sent: Tuesday, July 24. 2DO1 11:01AM Subject: Re: Dear members of the K8RDSOboard Thank you for your u-maiL Your message will be forwarded to the Board ofDirectors for their information and review. � -----Original Message----- From: Carlos Griffin � To: Sent: Monday, July 23.2DO1 12:01AM Subject: Oaor members of the MRD8D board � �Dear members of the MROGDboard, | have read with great concern of the proposed closures bm bicycles of several preserves within K8ROSO lands. I am also extremely troubled by the proposed future reductions in bicycle mileage throughout the district. Responsible mountain biking is an environmentally sound recreation that should enjoy equal access to these and all trails. No one should be shut out of tranquil nature experiences, especially mountain bikers, who comprise the ai ib/ofboi| users on these public lands that you manage. Please reject this proposed discrimination against off-road cyclists. Several studies have also been done that indicate that bikes cause significantly less damage to trails that Equestrian riding and are most likely on par with hikers, however this issue ia seldom addressed. Please do what you can to end this discrimination against cyclists. Equal access is the only fair solution. | Thanks for your time and consideration, � � � � � � � 7/24/8l 07i20i01 FRI 16:20 FAX 650 595 7419 Park & Recreation C�001 LONT Please Note: Special Belmont Fire Protection District Meeting to be held starting at 7.30 P.M. Meeting to be televised—Channel 26 REGULAR MEETING OF BELMONT CITY COUNCIL TUESDAY,duly 24,2001,7:30 P.M. TWIN PINES SENIOR AND COMMUNITY CENTER 1223 RALSTON AVENUE , TWIN PINES PARK AGENDA In Compliance with the Americans with Disabilities Act_If you need special assistance to participate in this tweeting,please contact the City Clark at 650/595-7413.The speech and he aring-impahed may pall 6501637-2990 for TDD services.Not fteation in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to Ellis meeting_ SPECIAL MEETING: 6:15 P.M. CLOSED SESSIONS A Conference with Labor Negotiator, City Manager Kersnar,pursuant to Government Code Section No. 54957.6 1. MMCEA 2. AFSCME 3_ BPOA 4. Unrepresented Management Employees STUDY SESSIONS -6:30 P.M. 1. Report from Mr. C. Britton, Midpeninsula Regional Open Space District. 2. Report on Pre-qualification of Contractors and Subcontractors to Bid on Major City . Sponsored Projects AGENDA STUDY SESSION -7:15 P.M. REGULAR MEETING- 7:30 P.M. REGULAR MEETING JWy 24, 2001 Page i Ronald Miska • Planning and Acquisition Manager Ronald Paolini JUL 19 2`.'`31 Park and Open Space July 13, 2001 Superintendent • s Merin County Department of Parks, Mr. Craig Britton, General Manager Midpeninsula Regional Open Space District Open Space and 330 Distel Circle, Cultural Services Los Altos, CA 94022-1404 Frances M. Brigmann General Manager Subject: 9th Not-So-Annual California Special Park and Dennis Jauch Assistant Director Open Space District's Conference Dear Craig: It is hard to believe that it has been almost six years since we held the last Not-so-Annual meeting in Sonoma County. I am writing to ask you to set aside Oct. 18 through 20, 2001 to attend the 9th meeting hosted by the Marin County Open Space District. Our get- together will be held adjacent to the District's Bolinas Lagoon Preserve at Audubon Canyon Ranch,who has graciously offered us meeting space. As with past meetings we like to keep attendance to agencies working under the Public Resources 5500 series code in an informal meeting setting. This year we again have invited John Woodbury from the Bay Area Open Space Council, and are suggesting that you may want to invite a senior staff or Board-member from the principal non-profit land acquisition and/or land management entity your agency works closely with. An attendance under 50 total is desirable,but we do not want to limit who you wish to invite, and, depending on our discussion subjects,we ask that you invite at least the pertinent senior staff, Board-members, and Advisory Committee or Commission members of your agency. District Counsels are also invited. As in the past we will cover our usual subjects of ongoing land acquisition and agency financing needs in summary, but we also would like to focus on stewardship issues as well, including dogs,bicycles and volunteer programs, and improved financing for land management, restoration, deferred maintenance and capital improvement needs. A review of the basic policies for each agency may also be pertinent. Overnight accommodations will be available in Stinson Beach or on Tomales Bay and a special dinner and entertainment time is planned for Friday evening with optional field trips on Saturday the 20th. This could include kayaking on Bolinas Lagoon or Tomales Bay, horseback riding or hiking or something special in the outdoors. Marin County Civic Center • 3501 Civic Center Drive • San Rafael, CA 94903 Administrative Office: 415.499-6387 • Fax: 415.499-3795 • TOO: 415,499-6368 • Field Office: 415.499-6405 E-MAIL: fbrigmann@marin.org • WEBSITE: http://marin.org/mc/parks/open.html Please contact, or have your representative contact, me or David Hansen, our meeting coordinator, for details and for any thoughts on pertinent mutual subjects we may consider for our agenda. David, as former General Manager from the Sonoma County District, hosted the last meeting and is now Open Space Planner for our District. He can be reached at(415) 507-2820 or at dhansen6E7marin.or . October in West Marin is usually warm and clear, and we look forward to seeing you there. Best Wishes. Sincerely: Frances M. Brigmann General Manager c. Board of Directors Parks, Open Space and Cultural Commission Open Space and Trails Committee Mark Riesenfeld, County Administrator Key MCOSD staff Linda Christman Ian Roth John Woodbury, BAOSC Bob Berner, MALT Greg DeNevers, Audubon Canyon Ranch