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HomeMy Public PortalAbout20011128 - Agendas Packet - Board of Directors (BOD) - 01-25 Regional Open ice 2 zz,mow MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-25 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday,November 28, 2001 330 Distel Circle Los Altos,California AGENDA* Please Note: 5:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 5:30* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 5:30 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. 1. Conference with Real Property Negotiator—Government Code Section 54956.8 Real Property—Santa Clara County APN's 351-14-20, 351-13-21,and-22 Agency Negotiator—Michael C.Williams,Real Property Representative Negotiating Party—William Mitchell and David Ham, Owners,and Tom Barton, Real Estate Broker n price f Under Ne otiations—Instructions to negotiator will concern ce and terms o payment. .S g P P ym 2. Conference with Real Property Negotiator—Government Code Section 54956.8 Real Property—San Mateo County APN's 080-110-010, 080-370-020,and 080-380-020 Agency Negotiator—L. Craig Britton,General Manager Negotiating Party—Celia Cummings, Owner,and Herman Fitzgerald,Esq.,Representative Under Negotiations—Instructions to negotiator will concern price and terms of payment. 3. Conference with Real Property Negotiator—Government Code Section 54956.8 Real Property—San Mateo County APN's 060-140-080, -090, -100,and-110 Agency Negotiator—Michael C.Williams, Real Property Representative Ne otg, iating,Party—Walt Ferenz, Owner Under Negotiations—Instructions to negotiator will concern price and terms of payment. 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA I 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 f wt 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 01-25 Page 2 ADOPTION OF CONSENT CALENDAR—P. Siemens BOARD BUSINESS 7:40* 1 Consideration of Adoption of Revised Guidelines for Implementation of the California Environmental Quality Act by the Midpeninsula Regional Open Space District— S. Schectman 8:10* 2 Authorize Staff to Negotiate a Contract for Authorship and Possibly Photographic Services for the District's Book with Mr. David Weintraub in an Amount Not to Exceed $32,000—S. Jensen 8:25* 3 Determine that the Recommended Action is Exempt from California Environmental Quality Act(CEQA)Under Section 15304 of the Guidelines as Set out in This Report; Determine that the Specific Actions Proposed In this Report are Immediately Necessary to Prevent or Mitigate Erosion and Siltation,and to,Therefore,Waive Formal Bidding for this Contract(s)Due to this Emergency; Authorize the General Manager to Execute a Contract(s)with Such Contractors As May Be Necessary, in an Amount Not to Exceed $25,000 to Perform Necessary Work to Prevent Erosion and Siltation at Bear Creek Redwoods Open Space Preserve—T. Fischer *** REVISED CLAIMS 8:35* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. 8:50* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed f g rom the Consent Calendar durin consideration of the Consent Calendar. Regional Open Y lee R-01-130 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-25 November 28, 2001 AGENDA ITEM 1 AGENDA ITEM Consideration of Adoption of Revised Guidelines for the Implementation of the California Environmental Quality Act by the Midpeninsula Regional Open Space District GENERAL COUNSEL'S RECOMMENDATION '�%S Adopt the attached resolution of the Board of Directors of the Midpeninsula Regional Open Space District adopting District Guidelines for Implementation of the California Environmental Quality Act. DISCUSSION Background In 1970, the State Legislature adopted the California Environmental Quality Act, or CEQA, as the means by which government decision makers would consider the environmental effects of their actions. CEQA required the State Office of Planning and Research(a division of the State Resources Agency)to adopt State Guidelines for the implementation of CEQA by public agencies. The State Guidelines were first issued in 1973 and have been regularly updated and amended to reflect both statutory changes to CEQA and court decisions interpreting CEQA. The State Guidelines were most recently amended in 1999. The State Guidelines provide a comprehensive set of procedures, forms and criteria for evaluating the environmental impact of projects, prescribe the required form and content for environmental documents, prescribe the required forms of public notice and public review of environmental documents, and describe which projects may be exempt from CEQA. The State Guidelines are codified at Title 14, Section 15000 el seq. of the California Code of Regulations and can be found on the web at http://ceres.ca. ov/topic/env law/cega/ggidelines/. (Due to the length, the State Guidelines could not be attached to this report, but are readily available at the District office, as well as at all local government agencies, libraries, and numerous other sources.) Each public agency must adopt its own internal procedures for implementing CEQA in a manner that is consistent with CEQA and the State Guidelines. In 1974, the District adopted its first CEQA Guidelines(see Resolution No. 74-6). These Guidelines were repealed, and revised District Guidelines were adopted in May 1977 (see Resolution No. 77-22). A copy of the District's 1977 Guidelines is attached to this report (see Attachment 3). 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 .T7 82.: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 R-01-130 Page 2 Current Recommendation Since the issuance of the District's 1977 CEQA Guidelines, there have been numerous changes to CEQA and to the State Guidelines. Staff has been following the State Guidelines and CEQA as the District must when reviewing projects. To avoid inconsistency between the State and District Guidelines, and to insure that the District's Guidelines are kept current, it is necessary to update the District's regulations to reflect current CEQA requirements. Adoption of the attached District Guidelines will insure that the District's internal review of CEQA documents, whether performed by staff or the Board, will continue to be done in full compliance with CEQA. This update is particularly timely in view of the expected issuance of an Environmental Impact Report for the proposed Coastal Annexation Project early next year. OVERVIEW OF PROPOSED GUIDELINES (See Attachment 2.) Section 1. Purpose The purpose of the Guidelines is to implement CEQA in accordance with state statutes and the State Guidelines. Section 2. Adoption of the State Guidelines by Reference The State Guidelines provide that an agency may comply with CEQA by adopting the State Guidelines by reference. The State Guidelines describe this as a short and efficient method of bringing an agency's procedures into compliance with CEQA. This approach has many advantages and is recommended by District staff. It avoids having to adopt a lengthy set of rules. The State Guidelines are very long and have approximately 250 sections, excluding forms and appendices. (In one leading treatise, the State Guidelines alone take up 70 pages of small print on 8-1/2" by I V pages, excluding forms and appendices.) Adoption by reference also avoids having to continually review and update the District's CEQA Guidelines, as the District can rely on the State Guidelines as they exist today and as amended in the future. If changes are adopted in the future that merit a revision to the District's Guidelines, that can be done on a case by case basis. It insures that the District's rules are always in conformity with CEQA. It also makes sense, since an agency has little flexibility to deviate from CEQA in adopting its rules anyway. As all District rules must strictly conform to CEQA and the State Guidelines, adopting the District's own rules would require issuance of a long set of rules that largely duplicate the State Guidelines. Therefore, staff recommends adopting the State Guidelines by reference. Section 3. General Manager Authority to Perform CEQA-Related Functions This Section authorizes the General Manager, or his or her designee(typically the Planning R-01-130 Page 3 Manager for Planning Department projects and the Senior Acquisition Planner for Acquisition Department projects), to perform the necessary, routine CEQA functions of preparing CEQA documents; posting and filing required public notices; circulating documents for public review; conducting initial studies to determine whether a CEQA document is required and, if so, what type; working with sister agencies in commenting on documents; determining the lead agency for joint projects; and performing other duties commonly done by staff to guide a project through the CEQA process. Staff is already performing most of these functions, as it must under CEQA. This section formalizes and assign responsibility s the res onsibilit for the various functions that must be carried out to comply with CEQA. Section 3(A) authorizes the General Manager to determine whether a project is categorically or statutorily exempt from CEQA when the Board has authorized the General Manager to approve such a project. The Board has authorized the General Manager to approve two general types of projects: minor permits to enter District lands, and projects under $10,000 in cost. The General Manager needs the authority to make CEQA determinations for these types of projects for the iifollowing reasons: In carrying out the District's day-to-day business, the General Manager and staff routinely deal with minor decisions which may require CEQA compliance. For example, from time to time government agencies or private parties request permission to temporarily enter District land to perform work for a variety of purposes. These can include temporary permits to repair adjacent lands, including adjacent public streets and highways, contamination or percolation testing, installation of drainage devices, or mitigation vegetation. The Board has authorized the General Manager to approve such permits to enter provided they pertain to minor projects that meet specified criteria insuring that any impact on District land is avoided or restored (see Report No. 96-67, Attachment 4). The Board has also authorized the General Manager to approve minor amendments to permits previously approved by the Board. This was deemed appropriate since, in the actual grading or building permit phase of a Board approved project, it is common that minor changes are required by the permitting agency or are requested by an applicant(such as minor changes in the area of a project, access routes, or time extensions). With this delegation of authority, these minor changes do not have to come back to the Board, thus enabling projects previously approved by the Board to move forward expeditiously (see Report No. 97-115, Attachment 5). When staff has to process these requests, the District must still comply with CEQA. It is the purpose of the Guidelines to enable staff to deal efficiently with CEQA compliance for minor projects that do not require Board approval. As part of this goal, Staff recommends that the General Manager be delegated the authority to approve categorical exemptions for minor projects which he or she already has been delegated the authority to approve. The Board would receive a copy of any such determination. Most of the minor projects involve work performed in the course of maintenance activities and repairs that, although not specifically identified, are included in the District's overall annual work program and budget. In some cases a minor project that is within the General Manager's authority to approve is described in the Capital Improvement Program. The most typical day-to- R 01-130 Page 4 day District projects that often qualify for categorical exemptions and are approved by staff include: 1. Minor construction projects (e.g., sign, gate, and fence installation) 2. Culvert repair and replacement 3. Erosion control projects(e.g., minor slide repairs, hydroseeding, minor retention structures) 4. Minor resource management projects(e.g., removal of exotic species and re- vegetation) 5. Trail repairs, construction or re-routing with no expansion of use 6. Removal and disposal of small amounts of hazardous substances found in District structures or on its lands 7. Repair or replacement or minor alteration of District structures(e.g., roof repairs) These projects must cost less than $10,000 or they will require Board approval. In such cases, the Board will make any required CEQA determination. Section 4. General Manager Authority to Adopt Negative Declarations For similar reasons, staff recommends that the General Manager be authorized to approve negative declarations for projects that the Board has authorized him to approve. Under this Section, only the General Manager could approve a negative declaration, not a designee. It is not common for a negative declaration to be required for such minor projects, but it could occur infrequently. For example, staff has been working more closely with the State Department of Fish and Game on permits and projects that may affect streambeds. It is conceivable that the District could receive, or make a request for, a permit that might have a significant environmental effect unless a mitigation measure was imposed to avoid the effect. Such a project, though relatively minor, might not qualify for a categorical exemption and could require a negative declaration. A project located in an area where a designated endangered or threatened species was present, such as a culvert replacement in California red-legged frog habitat, might require approval of a negative declaration. The timing for such a project is often critical in avoiding impacts to sensitive species and their habitat. Another example would be emergency permits. There have been situations where an applicant wanted to enter District land to abate an emergency, and this Section would enable the General Manager to issue the required CEQA document more promptly in such a situation. If the General Manager had the authority to approve a negative declaration(typically prepared by, or under the direction of, the Planning Manager), the project could move forward without having to wait for a Board meeting for Board review and approval. However, the Board would receive advance notice of any proposed negative declaration and the Board would have the authority in any particular case to determine that it wished to review, approve, or disapprove a negative declaration instead of the General Manager(see Section 6). i R-01-130 Page 4 day District projects that often qualify for categorical exemptions and are approved by staff include: 1. Minor construction projects(e.g., sign, gate, and fence installation) 2. Culvert repair and replacement 3. Erosion control projects (e.g., minor slide repairs, hydroseeding, minor retention structures) 4. Minor resource management projects (e.g., removal of exotic species and re- vegetation) 5. Trail repairs, construction or re-routing with no expansion of use 6. Removal and disposal of small amounts of hazardous substances found in District structures or on its lands 7. Repair or replacement or minor alteration of District structures(e.g., roof repairs) These projects must cost less than $10,000 or they will require Board approval. In such cases, the Board will make any required CEQA determination. Section 4 General Manager Authority to Adopt Negative Declarations For similar reasons, staff recommends that the General Manager be authorized to approve negative declarations for projects that the Board has authorized him to approve. Under this Section, only the General Manager could approve a negative declaration, not a designee. It is not be common for a negative declaration to be required for such minor projects, but it could occur infrequently. For example, staff has been working more closely with the State Department of Fish and Game on permits and projects that may affect streambeds. It is conceivable that the District could receive, or make a request for, a permit that might have a significant environmental effect unless a mitigation measure was imposed to avoid the effect. Such a project, though relatively minor, might not qualify for a categorical exemption and could require a negative declaration. A project located in an area where a designated endangered or threatened species was present, such as a culvert replacement in California red-legged frog habitat, might require approval of a negative declaration. The timing for such a project is often critical in avoiding impacts to sensitive species and their habitat. Another example would be emergency permits. There have been situations where an applicant wanted to enter District land to abate an emergency, and this Section would enable the General Manager to issue the required CEQA document more promptly in such a situation. If the General Manager had the authority to approve a negative declaration (typically prepared by, or under the direction of, the Planning Manager), the project could move forward without having to wait for a Board meeting for Board review and approval. However, the Board would receive advance notice of any proposed negative declaration and the Board would have the authority in any particular case to determine that it wished to review, approve, or disapprove a negative declaration instead of the General Manager(see Section 6). R-01-130 Page 5 It is common in other public agencies for the Planning Director or City Manager have the authority to issue negative declarations or categorical exemptions for projects for which he or she is the decision maker. Since the General Manager is the decision maker for a small class of minor projects, and for the reasons described in this report, it would be very helpful, and would expedite stains handling of these projects, for him or her to have similar authority. Section 5. Cate orical Exemptions 8 P The State Guidelines suggest that an agency identify typical activities that fall within CEQA categorical exemptions. Section 5 lists day-to-day District projects that are typically exempt from CEQA. This list notes the CEQA"exception" that categorical exemptions do not apply where, due to unusual circumstances, a typically exempt activity will have a significant effect on the environment. CEQA does not define"unusual circumstances," but courts have interpreted this term to include hazardous waste sites or an impact upon a listed endangered or threatened species. Section 6 Notice to District Board of Directors of Negative Declarations Proposed for Adoption by the General Manager Section 6 provides that, in any case in which the General Manager has been authorized to approve a project and a negative declaration, each Board Member will receive both prior notice of the intent to adopt a negative declaration and subsequent notice (after the 20-day review period)that a negative declaration has been adopted. Any District Board member may request that these matters be agendized so that the Board may decide to make this determination instead of the General Manager. Such requests should be made within 10 days of receiving these notices so that staff has certainty that it can proceed with a project in reliance on the negative declaration. Section 7. Public Hearings CEQA does not require an official public hearing to approve a categorical exemption, negative declaration, or EIR. This Section allows the District to hold a public hearing when it is deemed appropriate and would further CEQA's public participation goals. All Board CEQA decisions are already made in public at public meetings, but these are not necessarily formally called"public hearings." The Board would normally have a formal public hearing on an EIR. All Board CEQA decisions would be made at public meetings in conjunction with project approval, but whether or not they would be formally entitled "public hearings" would be up to the Board, depending on the scope of the project and the extent of public interest in it. Section 8. Cost Recovery Section 8 permits the District to recover its actual costs of CEQA compliance from project sponsors. This is a typical public agency practice. This Section also authorizes the District to charge its actual costs for copies of environmental documents requested by other agencies or the R-01-130 Page 6 public. Environmental documents are typically made available at the District office and posted on the web site if possible, and given to libraries and other public agencies and groups.. However, there may be cases where persons request numerous hard copies, diskettes, or CD-ROM's, and this Section permits the District to charge for such copies if it chooses. Section 9. Electronic Information CEQA encourages agencies to make CEQA-related information available on its web site when possible. This Section implements this suggestion. CONCLUSION Adoption of the attached District Guidelines will insure that all District projects will continue to be conducted in compliance with CEQA and will enable staff to accomplish its day-to-day work of processing minor District projects and minor permits more efficiently. Prepared by: Susan M. Schectman, General Counsel Cathy Woodbury, Planning Manager Del Woods, Senior Acquisition Planner Contact person: Susan M. Schectman, General Counsel Attachments: 1. Resolution Adopting District CEQA Guidelines. 2. Proposed 2001 District Guidelines for Implementing CEQA. 3. 1977 District Resolution Adopting CEQA Guidelines, and Guidelines and Procedures for Evaluation of Environmental Impact of Projects and the Preparation of Environmental Impact Reports. 4. Staff Report R-96-67 and Resolution No. 96-22"...Authorizing the General Manager to Approve Certain Permits to Enter District Property." 5. Staff Report R-97-115 and Resolution No. 97-30"...Authorizing the General Manager to... Approve Amendments to Permits to Enter District Property." ATTACHMENT 1 i RESOLUTION NO. 01-_ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING GUIDELINES PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District adopted Resolution No. 77-22 on May 11, 1977, entitled "A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Guidelines Pursuant to the California Environmental Quality Act as Amended" and WHEREAS, subsequent amendments to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. C'CEQX') and the CEQA Guidelines adopted by the State Resources Agency for the purpose of implementing CEQA("State Guidelines")have made it necessary and appropriate to revise the District's CEQA Guidelines; and THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt the attached "District Guidelines for Implementation of the California Environmental Quality Act", a copy of which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that Resolution No. 77-22 dated May 11, 1977 is hereby repealed in its entirety. ATTACHMENT 2 DISTRICT GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Adopted on November 28, 2001 SECTION 1. PURPOSE. These District Guidelines are adopted pursuant to Section 21082 of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (CEQA) and Section 15022 of the State CEQA Guidelines adopted by the State Resources Agency and the State Office of Planning and Research(State CEQA Guidelines) to implement the California Environmental Quality Act. In the event of any conflict between any provision of the District Guidelines and CEQA or the State Guidelines, CEQA and the State Guidelines shall prevail. SECTION 2. ADOPTION OF THE STATE GUIDELINES BY REFERENCE. In accordance with Section 15022 (d) of the State CEQA Guidelines, the Midpeninsula Regional Open Space District hereby adopts the State CEQA Guidelines by reference, as they currently exist and as they may be hereafter amended. Unless otherwise expressly stated herein, no other District action or regulation is required in the evaluation of projects and preparation of environmental documents as required by CEQA, other than to conform to the requirements of CEQA and the State CEQA Guidelines. SECTION 3. GENERAL MANAGER AUTHORITY TO PERFORM CEQA- RELATED FUNCTIONS. The Board of Directors of the District assigns the following functions to General Manager or his or her designee: A. Prior to approving a project which is within his or her authority to approve as the District decision-maker, determining whether a project is statutorily or categorically exempt from CEQA. The District's Board of Directors shall be notified that such a determination has been made by receipt of a copy of the determination. B. Conducting, or causing to be conducted, an initial study, and determining whether, based upon the conclusions of the initial study, the District shall prepare, or have prepared, a negative declaration, mitigated negative declaration, or environmental impact report. C. Preparing, or causing to be prepared, negative declarations, mitigated negative declarations, and environmental impact reports. 1 D. Preparing, or causing to be prepared, signing, and providing any and all notices and filing all documents required, authorized, or appropriate under CEQA, and determining the appropriate method of providing public notice in compliance with CEQA of actions taken under CEQA. E. Establishing time periods for the circulation for public review of environmental documents in a manner that assures adequate opportunity and time for such review pursuant to CEQA. F. Consulting with and obtaining comments from responsible and trustee agencies, other federal, state, and local agencies, and other interested organizations and persons with regard to the environmental effects of projects as deemed appropriate. G. When the District has received a request for approval of a project sponsored by a person, entity, or agency other than District, determining whether the sponsor's project request has all the information needed to enable the District to consider it; notifying the sponsor in writing of any information required for CEQA purposes to permit the District to make any required CEQA determination; and notifying the sponsor when the District has determined that either(a)the request can be accepted for processing and the environmental review process has begun or(b)the request may not be processed until such time as further progress has been made towards completing the environmental documentation required by the District in order to comply with CEQA. H. When a project is proposed by the District, determining whether the project description and related background information prepared by District staff is sufficient to proceed with environmental review or to make an application complete or to permit the District to make the required CEQA determination and notifying District staff that either (a)the environmental review process has begun or(b)the review process will not begin until such time as further progress has been made towards completing the environmental documentation required in order to comply with CEQA. I. When the District is a Responsible Agency, providing comments and consulting with the Lead Agency as required by CEQA, and when the District is not a Responsible Agency, determining whether and how to comment on environmental documents that are submitted to the District for review or which the District desires to comment upon due to the project's potential impact upon District business or property. I Requesting shortened review periods for environmental documents pursuant to the State CEQA Guidelines. K. When one or more agencies may qualify as the Lead Agency for a particular project, agreeing upon the Lead Agency determination, or, if agreement can not be reached, submitting the matter for determination to the Office of Planning and Research pursuant to the State CEQA Guidelines. 2 L. When an EIR has been certified or a negative declaration adopted for a project, determining whether any subsequent or supplemental EIR, negative declaration, addendum or other environmental document shall be prepared for the project pursuant to the State Guidelines. M. When the project requires compliance with both CEQA and NEPA, performing similar functions to permit the preparation of joint environmental documents and to fulfill other similar functions required to comply with NEPA. N. Preparing draft findings for the District's Board of Directors or General Manager or his or her designee as appropriate. O. Assuring an adequate opportunity for, and preparing or causing the preparation of, responses to comments from public agencies and interested persons on environmental documents. P. Performing such other functions as may be necessary or appropriate to enable the District to comply with its obligations under CEQA and NEPA. SECTION 4. GENERAL MANAGER AUTHORITY TO ADOPT NEGATIVE DECLARATIONS. The Board of Directors of the District hereby delegates to the General Manager the authority to adopt a negative declaration or mitigated negative declaration and, in the case of a mitigated negative declaration, to adopt a mitigation-monitoring program, prior to approving a District project which is within his or her authority delegated by the District's Board of Directors to approve as the District decision-maker. SECTION 5. CATEGORICAL EXEMPTIONS. The District has determined that the following list of specific District activities are typically the type of projects that fall within the categorical exemptions established by the State CEQA Guidelines, unless, under the particular facts and circumstances of the activity, or due to unusual circumstances, the activity does not qualify for a categorical exemption under the State CEQA Guidelines. These projects include, but are not limited to: (i) Installation repair, or replacement lacement of signs, fencing, and gates on District lands. (ii) Repair, maintenance, and minor alteration of existing District structures and improvements, including plumbing, mechanical, roofing, electrical, painting, and HVAC projects, with negligible or no expansion of use. (iii) Repair, maintenance, brushing, clearing, paving and paving repairs, installation of small culverts and minor drainage improvements, and other minor alterations of existing District trails and roads with negligible or no expansion of use. 3 (iv) Maintenance of existing native vegetation. (v) Data collection, research, experimental resource management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (vi) Demolition and removal of individual small structures and improvements. (vii) Minor temporary use of District lands, such as special District events and special permitted events, minor trenching and backfilling where the surface is restored, and minor placement of fill into previously excavated land. (viii) Minor alterations in the condition of District land, water, and vegetation, which do not involve the removal of healthy, mature, scenic trees except for sound forestry or agricultural purposes. This may include grading on land with an average slope of less than 10 percent (except in waterways, wetlands, or riparian areas), and the construction of minor new recreational trails. (ix) Issuance of minor encroachment permits and minor lot line adjustments on lands with an average slope of less than 20 percent and which do not result in any change in land use or density. (x) Acquisition of land for open space purposes where the land is in a natural condition, and acquisition of land for open space purposes to allow restoration or preservation of natural conditions, or to allow continued agricultural use of the area. (xi) Construction or installation of minor structures accessory to existing District facilities such as restrooms, small parking lots, and staging areas. (xii) Replacement or reconstruction of existing District structures and facilities on the same site with the same capacity and purpose. Exceptions: These types of District projects may not be exempt where there is a reasonable possibility that they will have a significant effect on the environment due to unusual circumstances (for example, the project site is a hazardous or toxic waste site) or(for certain types of projects)where the projects may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by a federal, state, or local agency(for example, the project may affect a designated endangered or threatened species on the project site). SECTION 6 NOTICE TO DISTRICT BOARD OF DIRECTORS OF NEGATIVE DECLARATIONS PROPOSED FOR ADOPTION BY THE GENERAL MANAGER. In any case in which the General Manager is the decision-maker for a project which requires him or her to adopt a negative declaration or mitigated negative declaration, in addition to providing any other notice required by CEQA, the General Manager shall provide each member of the District Board of Directors with a copy of the Notice of Intent to Adopt a Negative Declaration sufficiently prior to adoption of the negative declaration to allow the public review period required by CEQA. Any District Board 4 r member may request in writing to the General Manager within 10 days of the date of the Notice of Intent that the determination of whether to adopt a negative declaration be made by the Board of Directors and be agendized at the next available Board meeting for this purpose. In addition, after approval of a negative declaration by the General Manager, in addition to providing any other notice required by CEQA, a copy of the Notice of Determination that a negative declaration has been adopted by the General Manager shall be provided to each Board member. Any Board member within 10 days of the date of the Notice of Determination may request in writing to the General Manager that the determination to adopt a negative declaration be agendized at the next available Board meeting for the Board to approve, disapprove, or modify the General Manager's determination. SECTION 7. PUBLIC HEARINGS. Although CEQA does not require a public hearing to receive public comments upon environmental documents, the District may determine to conduct a public hearing when it would facilitate the purposes and goals of CEQA to do so. The public hearing may be held in conjunction with a public hearing or public meeting held to determine whether or not to carry out or approve a project. SECTION 8. COST RECOVERY. (a) With respect to projects sponsored by a person, entity, or agency other than the District, the District shall prepare an estimate of costs for any required environmental documents or studies needed for the preparation of a Categorical Exemption, Initial Study, Negative Declaration, or EIR, and for procedures necessary to comply with CEQA, and collect the estimated costs from the sponsor of the project before causing the preparation of such material. The estimated costs shall also include any fee n m required law to be aid b the District to the State Department of Fish and Game equ ed by a p y p for its review of an environmental document. At such time as the actual costs for the preparation of such material have been ascertained, the District shall refund to the sponsor any excess funds or collect any deficiency before proceeding further with the project in question. (b) The District may charge and collect from any person, entity, or public agency requesting a copy of an environmental document the actual cost of reproduction of the document. SECTION 9. ELECTRONIC INFORMATION. Whenever possible, environmental documents shall be made available in electronic format on the District's web site. When such documents are voluminous, or when it would be unduly burdensome to post the entire document on the web site, the web site should provide notice of the availability of environmental documents and related public review periods. 5 ATTACHMENT 3 RESOLUTION NO. 77-22 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING GUIDELINES PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AMENDED WHEREAS, the Board of Directors of the District adopted Resolution No. 74-6 on April 10 , 1974, a Resolution Adopting Guidelines Pursuant to California Environmental Quality Act, and WHEREAS, subsequent amendments to the California Environmental Quality Act and regulations pursuant thereto neces- sitate revision of the District's aforementioned Guidelines, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt those certain "Guidelines and Procedures for Evaluation of Environmental Impact of Projects and the Preparation of Environmental Impact Reports , Effective April 27, 1977, of the Midpeninsula Regional Open Space District, " a copy of which is affixed hereto and by reference made a part hereof. BE IT FURTHER RESOLVED that Resolution No. 74-6 dated April 10, 1974 is hereby superseded. j r I l f RESOLUTION NO. 77-22 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on May 11 , 19 77 at a regular meeting thereof, by the following vote: AYES: Katherine Duffy, Nonette Hanko, Richard Bishop, Harry Turner, Daniel Wendin, Barbara Green and Edward Shelley NOES: None ABSTAIN: None ABSENT.- ATTEST: APPROVED: ecretary, Board of Directors Presi ent, B and of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. District Clerk GUIDELINES AND PROCEDURES FOR EVALUATION OF ENVIRONMENTAL IMPACT OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS Effective May 11, 1977 of the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 745 Distel Drive Los Altos, CA 94022 Introduction : These guidelines and procedures have been prepared for the evaluation of projects proposed by the Midpeninsula Regional Open Space Disi-rict , and preparation of appropriate environmental documents , pursuant to the California Environmental Quality Act of 1970 and its atten- dant Guidelines for Implementation of the California Environ- mental Quality Act (CEQA) , as amended by AB 2679 (Knox) , effective January 1 , 1977. The Open Space District Guidelines are patterned after the State Guidelines for Implementation, which are on occasion referred to in the text of these Dis- trict guidelines by the appropriate Section number. Goals': The goal of these guidelines is to assure that the District's staff and Board of Directors will be fully and objectively informed of any potential environmental impacts , mitigations for reducing adverse impacts, and feasible alter- natives to a project, prior to its approval or denial. A further objective is to enable the District to properly balance environmental objectives and the policies of the State of California (set forth in Section 21001 of CEQA) with its own open space, economic and social objectives. Definitions: Definitions of the following words are set forth in Sections 15021 through 15040, inclusive, of the State Guidelines and are hereby adopted. Approval Person CEQA Project Categorical Exemption Public Agency Cumulative Impact Responsible Agency Discretionary Projects Significant Effect Emergency Environment Environmental Impact Report Environmental Impact Statement Feasible Initial Study Jurisdiction by Law Lead Agency Local Agency Ministerial Project Negative Declaration Notice of Completion Notice of Determination Some of the foregoing definitions are supplemented and/or included below so that the staff and the public will have a clearer understanding of their applicability to the Midpeninsula Regional Open Space District' s (District) actions. Page two Approval. Approval shall ordinarily occur on the date that the District Board of Directors (Board) authorizes action, which if carried out, would either irrevocably commit the District to some legal duty to third parties that would be breached if the project were not carried forward, or, which if carried out, would result in construction or implementation of a significant portion of the. ultimate project. Normally neither the budgeting of funds nor authorization of financial, scientific or other feasibility studies (See. Section 15072) preliminary to commencing the ultimate project, whether by District staff or consultants , shall constitute approval. Emergency. A sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life , health, property, or essential public services. Emerg- ency includes such occurrences as fire, flood, earth- quake, or other soil or geologic movements , as well as such occurrences as riot, accident, or sabotage. Projects demanding immediate action in the case of an emergency are generally exempt from the requirements of CEQA. (See Appendix A., Categorical Exemptions) Environmental Impact Report. A detailed statement set- ting forth the matters specified in Sections 21100 and 21100.1; provided that info'rmation or data which is rele- vant to such a statement and is a matter of public record or is generally available to the public need not be re- peated in its entirety in such a statement, but may be specifically cited as the source for conclusions stated therein; and provided further that such information or data shall be briefly described, that its relationship to the environmental impact report shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building. An environmental impact report also includes any comments received during the mandatory review period, an index or table of contents , and a summary. A major intention of the recent amendments to CEQA was to maintain the informational strength of the EIR while shortening its length to increase its readability and hence, its effectiveness. In the case of the District, many of the informational requirements for an EIR will be satisfied by pre-acquisition reports and Land Use and Management Plans. Sections 15068.5 and 15140 (a - h) further amend and tailor informational requirements. (See Appendix B) Page three Feasible. Capable of being accomplished in a successful manner within a reasonable period of time , taking into account economic environmental, social and technological factors. Initial Study. P. preliminary analysis by the District to determine whether an EIR or a Negative Declaration must be prepared. (See form attached as Appendix C) Jurisdiction by Law. a) Jurisdiction by law means the authority of any public agency (1) to grant a permit for or provide fund- ing for the project in question, or (2) to exercise authority over resources which may be affected by the project. b) A city or county will have jurisdiction by law with respect to a project when the city or county is the site of the project, the area in which the major environ- mental effects will occur and/or the area in which reside those citizens most directly concerned by such environmental effects. c) Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed , it is also a responsible agency. Lead Agency. The public agency which proposes to carry out or approve a project which may have a significant effect on the environment. The Lead Agency has the principal responsibility for preparing environmental documents . Where two or more public agencies have an equal claim to be the Lead Agency, the public agencies may by agreement designate which agency will be the Lead Agency. In the event of a dispute in the designation of a Lead Agency, the State of California office of Planning and Research may resolve the dispute and designate the Lead Agency. Whereas a lead agency shall consider all effects of a project, both individual and cumulative, a responsible agency need only consider the significant effects of those activities, which it is required by State law to carry out or approve that are involved in a project for which a lead agency has prepared an EIR. Project a) An activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not mean each separate governmental process . Page four b) An activity directly undertaken by the District including, but not limited to public works construction, Land Use and Management Plans:, clearing and grading of land, and demolition or restoration of public or historic structures. c) An activity which is supported in whole or in part through public agency contracts, grants , subsidies, loans , or other forms of assistance from one or more public agency. d) An activity involving the issuance by one or more public agencies to a person of a lease, permit license, certi- ficate, or other entitlement for use. This would include leases issued for District properties, such as to grazing tenants.. A project does not include: a) Any action specifically exempted under the list of Categorical Exemptions (Appendix A) b) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions: emergency repairs to public service facilities , general policy and procedure making (except as they are applied to specific instances covered above) , feasibility or planning studies, ministerial projects . Significant Effect. Significant effect on the environment means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity, including land, air, water, minerals , flora, fauna, ambient noise, and objects of historic or aesthetic significance. (Sections 15081 and 15082 of the State guidelines give examples of consequences which may be deemed to have a sig- nificant effect, and mandatory findings of significances, re- speclCively. Procedures: A. Project Determination. When the District proposes to carry out an action, the Land Manager or the Land Manager' s designee shall determine whether or not the action constitutes a project. If the action does not constitute a project, a Notice of Exemption (Appendix D) will be filled out and placed .)n file at the Midpeninsula Regional Open Space' District office, 745 Distel Drive, Los Altos , CA 94022 . B. Lead Agency Determination. If the District is determined to be the Lead Agency, it will be responsible for envir- onmental review of an action and any necessary environmental documents. Final determination of the appropriate Lead Agency shall be made by the State Office of Planning and Research in the event of a dispute. Page five C. Initial Study 1 . When a project determination for an action is affirmative, and for which the District is the Lead Agency, then an Initial Study shall be prepared by the District.* An Initial Study must be a written document containing informa- tion required by Section 15080 of the State Guidelines. (See Appendix C for format) The District staff will normally prepare the Initial Study, but in each instance the General Manager or the General Manager's designee shall consider the advisability of having the Initial Study prepared by a consultant (s) having appropriate expertise. 2 . The Land Manager shall evaluate the effect that the project would have on the environment. a) If the project will have no I significant effect, the Land Manager or his/her designee shall prepare a Negative Declaration. b) If the project may have a significant effect on' the environment, the Land Manager or a consultant -approved by the General Manager shall prepare a Draft Environmental Impact Report. 3 . The General Manager shall advise the Board at the earliest practible time of the Initial Study and its outcome. D. Negative Declaration. A Negative Declaration shall be prepared, subsequent to an Initial Study, for projects that the Land Manager has determined will not have a significant effect on the environment. The Negative Declaration shall be prepared according to the format provided in Appendix D. 1. Before adoption of a Negative Declaration by the District, the Land Manager shall consult all espons r ible agencies and consider any comments on the project. Notice shall be provided 5 days prior to the meeting at which the item is to be considered. Notice shall be given to all organi- zations and individuals that have requested such notice and to the public through one of the following methods; *Unless the District is able to determine that the project will have a significant effect without the preparation of an Initial study. Page six a) One publication by the public agency in a newspaper of general circulation in the area affected by the proposed project. b) Posting of notice by the public agency on and off site in the area where the project is to be located. c) Direct mailing to owners of property continguous to the project. 2 . Under the following circumstances, a Negative Declaration shall be submitted for review to the State Clearinghouse, 1400 Tenth Street, Sacramento, California 95814 : a) When a Negative Declaration has been prepared by the District for a project where a state agency is a Responsible Agency or otherwise has jurisdiction by law with respect to the project. The review period shall be at least 45 days unless a shorter period is approved by the State Clearinghouse. b) Negative Declarations prepared pursuant to the National Environmental Policy Act (NEPA) and the Federal Guidelines. 3. After completion of the Negative Declaration and the 5 day review period, the Board shall consider the proposed Negative Declaration at its earliest possible meeting. At the meeting the Board shall consider any verbal or written comments received, may request additional information, and may continue the item. The Board shall make a finding as to whether the project may have or will not have a significant effect on the environment and whether to file a Negative Declaration. The Board may require preparation of a draft EIR if it finds that the proposed project may have a significant effect on the environment. E. Environmental Impact Report. If the Board should decide that a project may have a significant effect on the environment , the staff or a non-staff consultant shall prepare a Draft EIR. 1. The Draft EIR shall contain the informational requirements in Appendix B. Before completion of the Dkaft EIR the District shall consult with all responsible agencies and any persons or organization it believes will be concerned with the project. Page seven 2 . Upon completion of the Draft EIR, a Notice of Completion (Appendix F) shall be filed with the Secretary for Resources by the District Clerk, who shall provide public notice of the completion at the same time by: a) Advertisement in a newspaper of general circulation in an area affected by the proposed project and/or posting the notice of completion on and off the site in the area where the project is to be located. b) Providing notice to all organizations and individuals who have previously requested it. c) Setting a public hearing on such Draft EIR by the Board at any regularly scheduled Board meeting at least 30 days after filing the Notice of Completion, the Land Manager shall advertise the scheduled public hearing in a newspaper of general circulation in the area where the project is to be located at least 13 days prior to the hearing. This may be done in conjunction with advertising of- the Notice of Completion. Such advertisement shall specify the subject matter, purpose, time and place of the hearing and indicate where and how a draft EIR can be obtained or seen. d) Furnishing copies of the .Draft EIR to the general public, upon request, for a reason- able fee not exceeding the copying cost. e) Sending copies to public agencies having jurisdiction by law, to Areawide Clearing- houses and to appropriate public libraries. 3. After a 30 day review period, and consideration of the comments- received during that time, the Board shall certify that the final EIR has been completed in compliance with CEQA, and that it has considered the information contained in the EIR prior to approval of the project. This must be a consequential process. The the Board shall : 1) Approve the project as presented and authorize the District Clerk to file a Notice of Determin- ation (Appendix G) with the County Clerk of the county or counties in which the project will be located, and with the Secretary for Resources if the project requires discretionary approval from a State agency. If serious adverse environmental consequences have been identified in the EIR, a statement may be attached to the Notice of Determination which Page eight identifies the overriding consideration (s) that warrants approval of the project; or 2) Determine to alter the project, in order to mitigate any adverse environmental impact or any other appropriate reason, and determine whether a revised EIR is therefore required; or 3) Determine not to proceed any further with the proposed project. Statement of Overriding Considerations a) The District shall not approve or implement a project for which an EIR has been completed that identifies one or more significant adverse effects of the project unless the District makes one or more of the following written findings for each of those significant effects accompanied by a statement of the facts supporting each finding. (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the District. Such changes have been, or should be, adopted by such other agency. (3) Special economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the- final EIR. b) The findings required by subsection (a) shall be supported by substantial evidence in the record. c) The finding in subsection, (a) (2) shall not be made if the District has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. Ratification by Board. Whenever the General Manager or an authorized representative shall present to the Board a find- ing or recommendation that an activity- is not a project; or is exempt, or should receive a Negative Declaration, and the Board does not order a change in such finding or recommendation, as shown in the minutes of the meeting, then the recommendation shall be deemed to be ratified and approved by the Board. Page nine Waiver. At any time the General Manager or the Board may waive any requirement of these guidelines, provided said waiver is in the best interests of the District, does not operate to the material prejudice of the public, and does not conflict with applicable Federal or State law. Appendix Categorical Exemptions Note : Except for the underlined examples , the information in this appendix is taken verbatim from the amended State Guide- lines which were adopted to implement CEQA. Underlined exam- ples in the text are provided for Open Space' District use and application. 15101 . Class 1 : Existing Facilities. Class 1 consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing and electrical convey- ances ; (b) Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas,, sewage, or other public utility services; (c) Existing highways and streets, sidewalks , gutters, bicycle, and pedestrian trails., and similar facilities (e.g. park roads and trails) except where the activity will involve removal of scenic resources including but not limited to a stand of trees , a rock outcropping, or an historic building. (d) Restoration or rehabilitation of deteriorated or damaged structures , facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial. and resulted from an environmental hazard such as earthquake, landslide-, or flood; (e) Additions to existing structures , provided that the addition will not result in an increase of more than 50% of the floor area of the structures before the addition or 2500 square feet, which ever is less ; (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures , facilities, or mechanical equipment, or topographical features including navigational devices; (g) New copy on existing on and off-premise signs; replacement of an existing sign; Page two (h) Maintenance of existing landscaping, nature growth, and water supply reservoires (excluding the use of economic poisons , as defined in Division 7 , Chapter 2 , California Agricultural Code) ; M Maintenance of fish screens , fish ladders , wildlife habitat areas , artificial wildlife waterway devices, streamflows , springs , and waterholes , and stream channels (clearing of debris) to protect fish and wildlife resources; (j) Fish stocking by the California Department of Fish and Game, Open Space District stock programs approved by California Department of Fish and Game; W Division of existing multiple-family rental units into condominiums; (1) Demolition and removal of individual small structures listed in this subsection except where the structures are of historical , archeological or architectural significance. 1) Single family residence not in conjunction with the demolition of two or more units. 2) Hotels , apartments , and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures; 3) Stores, offices and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the demolition of two or more such structures. 4) Accessory (appurtenant) structures including garages , carports, patios, swimming pools, and fences. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. 15102 . Class 2 : Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facil- ities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50%. (b) Replacement of a commercial structure with a new structure of substantially the same size and purpose. (c) Replacement or reconstruction of a recreation staging Page three area or cluster which does not increase the capacity or area by more than 50% . - 15103. Class 3 : New Construction of Small Structures . Class 3 consists of construction and location of single, new, small facilities or structures and installation of small new equip- ment and facilities , including but not limited to: (a) Single-family residences not in conjunction with the building of two or more such units. (b) Motels apartments and duplexes designed for not more than four dwelling units if not in conjunction with the building of two or more such structures. (c) Stores, offices and restaurants if designed for an occupant load of 20 persons or less, if not in con- junction with the building of two or more such structures. (d) Water mains , sewage, electrical , gas and other utility extensions of reasonable length to serve such construction. (e) Accessory (Appurtenant) structures including garages, carports , patios, swimming pools , and fences. 15104 . Class 4 : Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water, and vegetation which do not involve removal'val of mature scenic trees except for forestry. and agricultural purposes. Examples include but are not limited to: (a) Grading on land with a slope of less than 10% , except where it is to be located in a waterway, in any wetland, in an officially designated (by federal , state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping (c) Filling of earth into previously excavated hand with material compatible with the natural features of the site. (d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas of fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. (e) Minor temporary uses of land having negligible or no permanent effect on the environment, including carni- vals, sales of Christmas trees , special group events, equestrian events . rage four (f) Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all State and regulatory agencies. 15105 . Class 5 : Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations , except zoning, including but not limited to: (a) minor lot line adjustments , side yard, and set back variances not resulting in the creation of any new parcel nor in any change in land use or density: (b) Issuance of minor encroachment permits, land use agreements , deed restrictions , concession permits . 15106 . Class 6 : Information Collection. Class 6 consists of basic data collection research experimental management, and re- source evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information-gathering purposes , or as a part of a study leading to an action which a public agency has not yet approved, adopted or funded. 15107. Class 7: Actions by Regulatory Agencies for Protection of Natural Resources . Class 7 consists of actions taken by regulatory agencies as authorized by State law or local or- dinance to assure the maintenance, restoration or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include, but are not limited to, wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. 15108 . Class 8 : Actions by Regulatory Agencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by State or local ordinance, to assure the maintenance restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption. 15109 . Class 9 : Class 9 consists of activities limited entirely to inspection , to check for performance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or alduteration of products. Page five 15110 . Class 10 : Loans . Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortages for the purchase of existing structures where the loan will not be used for new construction, and the purchase of such mortages by financial institutions . Class includes, but is not limited to, the following examples : (a) Loans made by the Department of Veterans Affairs under the Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (b) Purchases of mortgages from banks and mortage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 15111. Class 11 : Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institu- tional facilities, including but not limited to: (a) on-premise signs; (b) Small parking lots. 15112. Class 12 : Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Govern- ment Code Sections 65041 et.seq. However, if the surplus property to be sold is located in those areas identified in the Governor' s Environmental Goals and Policy Report, its sale is exempt if: (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (b) Any of the following exist: 1) The property is of such size or shape that it is incapable of independent development or use, or 2) The property to be sold would qualify for an exemption under any other class of categorical exemption in Article 8 of these guidelines, or 3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. Page six 15113 Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes , including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580 , and preserving access to public lands and waters where the purpose of the acquisition is to pre- serve land in its natural condition. 15114 . Class 14 : Minor Additions to Schools. Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or five classrooms, whichever is less. The addition of portable classrooms is included in this exemption. 15116. Class 16: Transfer of Ownership of Land in Order to Create Parks. Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archeological sites and either: (a) The management plan for the park has not been pre- pared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or .arche- ological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site.. (c) merger with city of a district lying entirely within the boundaries of the city. 15117. Class 17: open Space Contracts or Easements. Class 17 consists of the establishment of agricultural preserves, the mak- ing and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to main- tain the open space character of the area. The cancellation of such preserves, contracts, interests, or easements is not included. Appendix C Midpeninsula Regional Open Space District Initial Study PART I A. Name, location, and brief description of project: B. A Description of the environmental setting: C. The project is is not compatible with existing zoning and d general plans. If not , please explain below: D. For identification environmental effects, see attached checklist. (PART II) E. For a discussion of any potential significant effects and ways to mitigate them, if any, see attached sheets. F. Recommended Action: Negative Declaration Environmental Impact Report G. Persons who prepared this Initial Study: Date : H. Name and Address of proponent: I Appendix C (co i Page two PART II Identification of Environmental Impacts : (Explanations of "yes" and "maybe" answers are included on attached sheets) 1. Geology. Will the project : YES MAYBE NO a. result in an increase in wind or water erosion of soils, either on or off site? b. be located on or adjacent to a known earthquake fault? C. disrupt the soil causing substantial erosion, silta- tion or land sliding. d. cause destruction or modif- ication of any unique gologic feature? 2. Water. Will the project: a. be located in a known flood plain? b. involve alteration (s) of a streamcourse or body of surface water? C. change the quantity of ground waters either through direct additions or withdrawals , or through interception of an acquifer by cuts or excava- tions? d. change absorption rates , drainage patterns , or the rate and amount of surface water runoff? e. involve discharge into; or alteration of , any surface water resulting in reduced water quality, including but not limited to , increased turbidity or dissolved oxygen? 3. Air. Will the project result in: a. substantially increased air emissions or deterioration of ambient air quality? three Appendix C (cont. ) YES MAYBE NO b. the creation of objectionable odors? C. alteration of air movement, moisture or temperature, or any change in local or re- gional climate? d. the creation of dust smoke or fumes or the application of potentially hazardous ma- terials such as herbicides or pesticides? 4 . Plant and Animal Life. Will the project: a. result in the removal or dis- turbance of any rare or endangered plant or animal? b. reduce the acreage of any ag- ricultural crop? C. result in the removal of substantial amounts of vegetation? d. alter the ecologicalbalance of an environment unit, either on or off site? e. significantly affect a breeding, feeding, or Nesting area? f. change the diversity or numbers of any species of plant or animal? 5. Natural Resources. Will the project : a. involve the removal or depletion of on-site rock, sand, gravel , trees, oil or minerals? 6. Permit Application. Will the project: a. require the approval of any federal , state, regional or local agency or district? If yes, list below: 7 . Noise. Will the project : a. increase ambient noise levels, either on or off-site? Page four Appeadix C (cont. ) 8. Circulation/Traffic. Will the project: YES MAYBE NO a. generate substantial additional traffic in the area? b. generate the use of off-road vehicles of any kind excepting ranger patrol vehicles? C. require alterations to present circulation patterns? d. have substantial impact on existing road systems? e. effect existing parking facilities or create a demand for new parking facilities? f. increase traffic hazards for motor vehicles? bicyclists pedestrians? 9 . Public Services . Will the project: a. substantially affect a public water supply or sewage disposal system? b.' result in a need for increased fire or police protection? C. cause groundwater pollution as a result of new septic systems? d. require the expansion or extension of any public utility? e. require any public service currently operating at or near capacity? 10. Energy. Will the project: a. cause the use of substantial amounts of fuel or energy? 11. Land Use. Will the project: a. result in substantial land use changes that would adversley affect the population either on or off site? b. serve to encourage development of presently undeveloped areas , or increase development intensity of already developed areas? C. vary from adopted an community or county policy. Page five Appendix C (cont. ) YES MAYBE NO d. involve lands currently protected under the Williamson Act or an open space easement? 12. Sociocultural. Will the project : a. result in an alteration of an historic, archeological or paleontological site, structure, object? b. require the relocation of people or businesses currently on site? C. obstruct scenic views or create an esthetically offensive site? Potential Significant Effects* and Mitigation Measures *Mandatory Findings of Significance all listed in Section 15802 and Appendix G of the State Guidelines. Appendix 'D MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF DETERMINATION Title of Project Decision of Board of Directors and Date: Approval of Project Disapproval of Project Finding of no Significant Impact The undersigned member of the Midpeninsula Regional Open Space District declares that no Environmental Impact Report for this project is being prepared pursuant to the provisions of the California Environmental Quality Act of 1970 , as amended. Date District Clerk Appendix E Midpeninsula Regional Open Space District Negative Declaration Title of Project Description, Location, and Name of Proponent of the Project The undersigned member of the Midpeninsula Regional Open Space District finds that the above project has no significant impact on the environment. Date Staff Member Consultant Reasons for Finding* A copy of the Negative Declaration is available at the offices of the Midpeninsula Regional Open Space District, 745 Distel Drive Los Altos , California and shall be posted at the District office on the following dates . Date District Clerk *See Attached Initial Study with Mitigation Measures , if any. ATTACHMENT 4 .Regional Open r 'ace R-96-67 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-13 June 12, 1996 AGENDA ITEM Request for Board Authorization for General Manager to Issue Permits to Wter District Land to Third Parties for Performance of Emergency and/or Minor Work MANAGER'SGENERAL LEGAL NDA It is recommend that the Board adopt the attached Resolution authorizing the District General Manager to issue Permits to Enter District property for performance of emergency and/or minor work according to the criteria listed in this report. DISCUSSION From time to time, government agencies or private third parties request permission from the District to temporarily enter District lands to perform work for a variety of purposes. This has included requests to enter to undertake soil sampling to test for contamination, to construct drainage devices to protect adjacent property, to do percolation tests, to determine the geotechnical condition of land, to do earthquake research, to install mitigation planting, to perform repairs to land or structures, including state and county highways and city streets, or simply to cross District land with heavy equipment to access adjoining property for well drilling, etc. It's been the General Manager's practice to bring all of these permit requests before the Board for approval. However, there have been situations in the past year where the need to wait for the next regular Board meeting to issue the permit has hampered the permittee's ability to do the work as quickly as needed. There have also been emergency situations where it would have been preferable to have the ability to issue an emergency permit prior to the next Board meeting. It is recommended the Board authorize the General Manager to issue temporary permits to enter District lands in these types of situations. The General Manager would report back to the Board at its next regular meeting whenever any such permit has been issued. It is customary that the manager of a'public agency have this type of authority. The Board has the legal ability to delegate this procedure to the General Manager. Such authority would be consistent,with the District's Land Use Regulation which defines a permit as "permission granted in writing by the general manager or an.authorized representative of the Midpeninsula Regional Open Space District." See Section '105. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-6914200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com'. Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton - ` R-96-67 Page 2 Further, Section 702.5 provides that special permission (Section 105) may be granted to affect flora, fauna or geological materials for research, interpretive, educational or operational purposes. It appears that it has been contemplated that the General Manager would have significant permitting authority. A recent example of the type of permit which would fall within this authority was on the Board's May 22 agenda. The U.S. Environmental Protection Agency requested a permit to enter the Ravenswood Open Space Preserve to conduct soil sampling for a period of one week. The need to wait for the Board meeting made it somewhat more difficult for EPA and its contractors to coordinate the work they were doing at other sites at Cooley Landing. Another example of an emergency situation wherein the General Manager's authority would have been very helpful and appropriate is the recent emergency rerouting of traffic on Route 84 above the Thornewood Open Space Preserve after a severe landslide. The District has also been contacted by the potential purchasers of the Slobe lot to cross District land at Windy Hill Open Space Preserve with well drilling equipment, which would be in the District's best interest to accommodate. It is recommended that the Board authorize the General Manager to issue temporary permits to third parties to enter District property to perform work upon District land subject to either of the following criteria: 1. The work is required due to the existence of an emergency which necessitates immediate action to prevent or mitigate the loss or impairment of health, safety or property or essential public services; or 2. The work is minor and temporary. Additionally, such a permit would be subject to all of the following criteria: 1. The work shall be done in such a way at to minimize damage to District land, shall be conducted in full compliance with the Resource Management policies and Land Use Regulations of the District, and the project shall be fully mitigated and the land restored to its prior condition upon completion. 2. The General Manager is convinced that no alternative exists to the utilization of District land. 3. The form of the Permit to Enter is approved by District Legal Counsel. Prepared by: S. Schectman, District Legal Counsel L. Craig Britton, General Manager Contact person: L. Craig Britton, General Manager RESOLUTION No. 96-22 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL MANAGER TO APPROVE CERTAIN PERMITS TO ENTER DISTRICT PROPERTY WHEREAS, in the normal course of District business, there are occasions when a government agency or third party will request a temporary permit to enter District real property to perform certain physical work thereon; and WHEREAS, Section 5538 of the Public Resources Code authorizes the Board of Directors to fix the duties of the General Manager; and WHEREAS, Section 5541 of the Public Resources Code authorizes the Board to do all things necessary and convenient in order to control, operate and maintain its open space preserves; and WHEREAS, the Board of Directors determines that it is necessary and convenient for the purposes of the District that the General Manager be authorized to issue temporary permits to enter District property to perform work of an emergency or minor nature; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority to issue permits to enter District property to third parties provided one of the following criteria are met: 1. The work is required due to the existence of an emergency which necessitates immediate action to prevent or mitigate the loss or impairment of health, safety or property or essential public services; or 2. The work is minor and temporary. Additionally, such a permit shall be subject to all of the following criteria: 1. The work shall be done in such a way at to minimize damage to District land, and shall be conducted in full compliance with the Resource Management policies and Land Use Regulations of the District, and the project shall be fully mitigated and the land restored to its prior condition upon completion; or. 2. The General Manager is convinced that no alternative exists to the utilization of District land. 3. The form of the Permit to Enter is approved by District Legal Counsel. BE IT FURTHER RESOLVED that the General Manager shall report to the District's Board of Directors at is next regular meeting any permit issued by the General Manager pursuant to this Resolution. I RESOLUTION NO. 96-22 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on June 12 19 96 at a regular meeting thereof, by the following vote: AYES: Nonette Hanko, Peter Siemens, Mary Davey, Betsy Crowder, Wim de Wit, and David Smernoff NOES: None ABSTAIN: None ABSENT: Ernestine Henshaw ATTEST: APPROVED: Ale� 4L-'� Secretary, Boa d of Directors P sident, Board of Directors 1, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify.- that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. ? f ♦ J1 b t t,,4A t Dis ict Clerk ATTACHMENT S Regionai Open ,, R-97-115 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM 6 AGENDA ITEM Authorization for the General Manager to Approve Various District Actions on an Administrative Basis: Approval or Denial of Claims not to Exceed $2,500; Extension of Expiration Date and Minor Amendments to Permits to Enter; and Confirm Authority to Enter into Contracts Pursuant to Public Resources Code Section 5549(b). GENERAL MANAGER'S AND LEGAL COUNSEL'S RECOMMEN—DA Adopt the attached resolution authorizing the General Manager to administratively approve or deny the District actions listed therein. DISCUSSION The primary purpose of this proposal is to enable the General Manager to approve minor matters of District business without the necessity of agendizing these matters for Board approval. Staff believes this will allow the District's business to be conducted more efficiently and promptly. The various matters are: Claims On June 28, 1995 the Board authorized the General Manager to approve or deny certain claims against the District not exceeding $2,500. (See Board Report R-95-85.) This policy applied to personal injury and property damage claims. The policy requires the General Manager to report to the Board of Directors at its next regular meeting any action taken to approve or deny a claim under this policy. It is recommended that this authority be extended to any claim that does not exceed $2,500. This would authorize the General Manager to approve or deny other types of legal claims that do not exceed $2,500. This could include a dispute over a contract, a payment of back wages or other compensation in an employment-related dispute, or any of the wide variety of claims which the District may receive. The General Manager would also report back to the Board at its next regular meeting on any such actions. Permits to Enter On June 12, 1996 the Board authorized the General Manager to issue permits to enter District property to government agencies or third parties to perform emergency and/or minor work. (See Board Report R-96-97.) Ee—lebra—te25 Vears of Open Space Preservation 330 Distel Circle 4 Los Altos,CA 94022-1404 Phone:415-691-1200 - 1972.1997 - FAX-415-691-0485 # E-mail:mrosd@openspace.org Web site:www.openspaceorg Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz « General Manager:L.Craig Britton R-97-115 Page 2 Regular permits to enter are approved by the District Board and have specified expiration dates and conditions. Occasionally, the permittee cannot complete the work by the expiration date. If the General Manager were delegated the authority to extend the term of such a permit, the matter would not have to wait and be returned to the Board for review of a permit which has previously been considered and approved by the Board. Occasionally, a permittee requests other minor changes in a condition of a permit, such as the right to use an alternative access route, a change in permitted hours of operation or a minor change in the area of work. It is recommended that the Board authorize the General Manager to approve such minor amendments to permits previously issued by the Board. The amendments would have to meet the same criteria as the minor permits which the General Manager is already authorized to issue. The General Manager would report back to the Board at its next regular meeting whenever such a permit amendment is approved. Pubic Works Professional Service and Other Contracts Public Resources Code Section 5549(b) (see below) authorizes the General Manager, with the approval of the Board, to contract for payment for services, supplies, material, labor, and construction in specified amounts. By motion, the Board has historically delegated this authority to the General Manager. The General Manager routinely exercises this authority. Any such funds must come from amounts previously budgeted by the Board for these purposes. General Manager-approved contracts may not exceed $10,000, except for new construction which may not exceed $25,000. Any new construction would have prior Board approval. It is recommended that the Board confirm this delegation of authority pursuant to the attached Resolution. In this way, the General Manager's delegated financial authority will be consolidated in one document. Prepared by: Susan M. Schectman, District Legal Counsel Contact person: Same as above PUBLIC RESOURCES CODE SECTION 5549(b) (b) With the approval of the board, the general manager may bind the district, without advertising and without written contract, (1) for the payment for supplies, materials, labor, or other valuable consideration for any purpose other than new construction of any building, structure, or improvement in amounts not exceeding ten thousand dollars ($10,000) and (2) for the payment for supplies, materials, or labor for new construction of any building, structure, or improvement in amounts not exceeding twenty-five thousand dollars ($25,000). All expenditures shall be reported to the board of directors at its next regular meeting. RESOLUTION NO. 9 7-3 0 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL MANAGER TO APPROVE OR DENY CERTAIN LEGAL CLAIMS AGAINST THE DISTRICT, TO APPROVE AMENDMENTS TO PERMITS TO ENTER DISTRICT PROPERTY AND TO CONTRACT FOR THE PAYMENT FOR SERVICES, SUPPLIES, MATERIALS, OR LABOR PURSUANT TO PUBLIC RESOURCES CODE SECTION 5549(b) WHEREAS, in the normal course of District business, there may be occasions when a person or entity will make a Legal Claim against the District for money; and WHEREAS, it is in the best interests of the District for the General Manager to have the authority to promptly compromise, settle, approve, or resolve disputes or Legal Claims which involve Legal Claims for money against the District not exceeding two thousand five hundred dollars ($2,500); and WHEREAS, in the normal course of District business, there are occasions when the Board issues a permit to a government agency or third party to enter District real property to perform certain physical work thereon; and WHEREAS, the Board of Directors determines that it is necessary and convenient for the purposes of the District that the General Manager be authorized to approve amendments of a minor nature to such permits to enter District property; and WHEREAS, Section 5538 of the Public Resources Code authorizes the Board of Directors to fix the duties of the General Manager; and WHEREAS, Section 5541 of the Public Resources Code authorizes the Board to do all things necessary and convenient in order to control, operate, and maintain its open space preserves; and WHEREAS, Section 5549(b) of the Public Resources Code authorizes the Board to delegate to the General Manager the authority to enter into contracts for services, supplies, materials, and labor not exceeding the amounts set forth therein; and WHEREAS, the Board of Directors determines that it is necessary and convenient for the efficient operation of the day-to-day activities of the District that the General Manager have the authority described in this Resolution. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Legal ClaimS The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority to perform any acts required to consider, deny, allow, compromise, or settle Legal Claims of any kind or nature Resolution No. 9 7-3 0 against the District that do not exceed two thousand five hundred dollars ($2,500). The General Manager shall report to the District's Board of Directors at its next regular meeting any action taken to consider, deny, allow, compromise, or settle Legal Claims against the District that do not exceed $2,500. AMENDMENTS TO PERMITS TO ENTER The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority to approve minor amendments to permits to enter District property to third parties that have been previously approved by the Board of Directors, provided the following criteria are met: 1. The amendment is minor and there is no significant change in the area, scope, or type of work to be undertaken by the Permittee. 2. The work shall be done in such a way as to minimize damage to District land, shall be conducted in full compliance with the Resource Management policies and Land Use Regulations of the District, impacts shall be fully mitigated and the land restored to its prior condition upon completion; and. 3. The form of the Amendment to the Permit to Enter is approved by District Legal Counsel. The General Manager shall report to the District's Board of Directors at its next regular meeting any permit amendment approved by the General Manager pursuant to this Resolution. PUBLIC WORKS. PROFESSIONAL SERVICES AND OTHER CONTRACTS The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manger the authority set out in Public Resources Code Section 5549(b): The General Manager may bind the District, without advertising and without written contract, (1) for the payment for supplies, materials, labor, or other valuable consideration for any purpose other than new construction of any building, structure, or improvement in amounts not exceeding ten thousand dollars ($10,000) and (2) for the payment for supplies, materials, not or labor for new construction of any building, structure, or improvement in amounts exceeding twenty-five thousand ($25,000). All expenditures shall be reported to the Board of Directors at its next regular meeting. RESOLUTION NO. 97-30 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional O,,_'el Space District on August 13 19 97 at a regular meeting thereof, by the following vote: AYES: Mary Davey, Nonette Hanko, Peter Siemens, David Smernoff, J. Edmond Cyr, Jr., and Kenneth Nitz NOES: None ABSTAIN: None ABSENT: Betsy Crowder ATTEST: k APPROVED: ill Secretary, Board of Directors President, Bo rd of Directors I, the Acting District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. a � A ting District Clerk Regional Open ice } j I R-01-135 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-25 November 28, 2001 AGENDA ITEM 2 AGENDA ITEM Authorize Staff to Negotiate with a New Author for the Di rict Book GENERAL MANAGER'S RECOMMENDAT Authorize staff to negotiate a contract for authorship and possibly photographic services for the District's book with Mr. David Weintraub in an amount not to exceed $32,000. BACKGROUND At your regular meeting on September 12, 2001 (see Report 01-108), you authorized the General Manager to negotiate and contract with Mr. Barry Spitz for authorship and coordination of all aspects of production of a Midpeninsula Regional Open Space District book. Since that time, Mr. Spitz has withdrawn his proposal to write and coordinate all aspects of production of the District's book. Fortunately, the District received other excellent proposals from experienced regional authors. Among the proposals submitted was one from David Weintraub, a San Francisco author who has published four other trail and ecosystem exploration guidebooks. The Legislative, Finance, and Public Affairs Committee, which reviewed Mr. Weintraub's books, was favorably impressed with his writing style. Mr. Weintraub remains interested in writing the District's book. He would be willing and able to arrange postponement of another book contract in order to begin work immediately on the District book project. Based upon the high quality of Mr. Weintraub's previously-published books, a strong recommendation from his current publisher, the focus of Mr. Weintraub's proposal and book outline, and several positive conversations staff has had (including a face-to-face meeting) with Mr. Weintraub, as well as his very reasonable proposed fee for authorship, staff recommends that you authorize the General Manager to contract with him for authorship of the District's book. Previously, you authorized staff to negotiate commissioning of the book project at a rate not to exceed $42,000. That amount was to include both authorship and coordination of all aspects of the book's production (including coordinating with designers, typesetter, publisher/distributor, etc.). Staff now recommends that you authorize negotiation with Mr. Weintraub for an amount not to exceed $32,000. 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 R-0 1-13 5 Page 2 This reduced amount would include authorship, but not coordination of all aspects of the book's production; however, it could include photography services. Mr. Weintraub is a professional photographer, and staff recommends efficient utilization of his photographic skills, which have proved beneficial complements to his previous books. Staff is currently developing a new plan for the coordination of all other aspects of the book's production, and Mr. Weintraub has expressed amenability to working with the District's selected approach. Prepared by: Stephanie Jensen, Public Affairs Manager Contact person: Same as above Regional Open r -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-134 Meeting 01-25 November 28, 2001 AGENDA ITEM 3 AGENDA ITEM Authorize the General Manager to Execute a Contract(s) with Appropriate Contractor(s) to Perform Necessary Work in the Aldercroft Creek Drainage Area of Bear Creek Redwoods Open Space Preserve to Prevent and/or Mitigate Erosion and Siltation Created by Unauthorized Construction of a Trail and Culvert, In a Tota�A-mount Not to Exceed $25,000 for Removal of Material, Stabilization and Revegetation, a Determine that the Recommended Action is Exempt From the California Envi o lity Act GENERAL MANA NDtIONS 1. Determine that the recommended action is exempt from CEQA under Section 15304 of the Guidelines as set out in this report. 2. Determine that the specific actions proposed in this report are immediately necessary to prevent or mitigate erosion and siltation and to, therefore, waive formal bidding for this contract(s) due to this emergency. 3. Authorize the General Manager to execute a contract(s) with such contractors as may be necessary, in an amount not to exceed $25,000 to perform necessary work to prevent erosion and siltation at Bear Creek Redwoods Open Space Preserve. DISCUSSION On October 13, 2001, illegal grading and culvert installation was discovered on District land in the Aldercroft Creek drainage area of the Bear Creek Redwoods Open Space Preserve (see attached map). Without prompt remediation, this installation will surely cause siltation along with the potential for dry concrete powder contaminating the creek. Impending rains leave the District with the task of removing the trail encroachments immediately to avoid this adverse impact. The encroachments include an approximate 193-foot long unauthorized trail in the Preserve with an average width of 8 feet. This construction crossed a deeply incised drainage by placing uncompacted material over an 18 inch culvert in the drainage at a steep angle with a headwall constructed of bags of unmixed concrete and mortar containing loose, dry concrete. Nothing was done to retain material at the bottom of the culvert. The loose materials will likely flow into the creek, and water running through the culvert is likely to cause erosion at the culvert outfall and the banks of the trail cut are in danger of collapse. In order to properly mitigate 330 Distel Circle 9 Los Altos,CA 94022-1404 * Phone:650-691-1200 Fax:650-691-0485 * E-mail:mrosd@openspace.org * web site:www.openspace.org C H=E 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-01-134 Page 2 this situation before the onset of winter rains, the District proposes to remove the culvert and fill material, and restore the area to its prior natural condition. The concrete bag headwall would be removed to prevent any migration of dry powder concrete into the drainage and all of the concrete would be removed from the site. All disturbed soil would be seeded with a native erosion control mix and covered with straw. An adjoining owner has accepted responsibility for the construction of the trail and installation of the culvert on District land. To date, staff has been unable to obtain an acceptable agreement whereby the District will be reimbursed for the cost of this project, but staff will work diligently to obtain full reimbursement for damages, costs of removing the material, restoration, and revegetation. CEQA COMPLIANCE The recommended action is exempt from California Environmental Quality Act (CEQA) under Section 15304, Minor Alterations to Land, where minor public or private alterations in the condition of land, water, and/or vegetation do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Prepared by: Thomas W. Fischer, Land Protection Specialist Contact Person: Same as above Midpeninsula Regional Open Space District ST.JOSEPH"S HILLS OPEN SPACE PRESERVE 0� Cou`nty�Park 1200, 1400 1 MROSD U AL- `Sy mca ore (Santa Clara-to.) Lexington Reservoir Sierra Azul 800 e /` County Park Open Space \ j PyRd _,Preserve 18 180 BIacKwd.� (—\V" f � 800 1000 S ,�_11400 �-� 24001660 2200 2200 r' / r• v. _Ij 1B' 5 r Sierra Azul fir-l o � �'•: ( Open'Spkc Presery e_ L (MROSD)' _� _ j fir- •�!.--1�(��f _R•'Y-;' " ,-^%��1 � ` \ V �.-- -- — GRADING AND } ) .i}. `• CULVERT INSTALLATION S i l_ K 1800 0.0 .1 .2 .3 .4 S 6 7 8 9 1.0 One Mile LOCATION MAP: BEAR CREEK REDWOODS OPEN SPACE PRESERVE 6/24/99 Claims No. 01-22 Meeting 01-25 November 28, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2757 475.00 Aaron's Septic Tank Service Sanitation Services 2758 999.42 Acme&Sons Sanitation Sanitation Services 2759 4,275.00 Aerial Information Systems, Inc. Vegetation Mapping-La Honda Creek 2760 1,418.63 Allied Auto Works Vehicle Maintenance&Repairs 2761 9,945.00 All Seasons Roofing Services Re-Roof Smith House Roof 2762 44.81 AT&T Telephone Service 2763 250.00 Backflow Prevention Specialist, Inc. RSA County Park-Restroom Maintenance 2764 322.87 Barron Park Supply Co. Plumbing Repairs-RDG 2765 728.33 Barbara Bergman Road Agreement-Norton Driveway 2766 734.89 Big Creek RSA County Park-Fencing Project 2767 295.00 California Park&Recreation Society Recruitment Advertisement 2768 1,957.00 California Suites Housing Accommodations-Ranger Academy 2769 131.32 California Water Service Company Water Service 2770 338.00 Cambria Corporation Database Consultant&Project 2771 569.00 Camino Medical Group Medical Services 2772 170.10 Cascade Fire Equipment Company "Open Space" on Fire Shirts 2773 350.00 *1 City of Los Altos Volunteer Docent Training 2774 155.54 Cole Supply Co., Inc. Janitorial Supplies 2775 50.00 Jim Davis Automotive Vehicle Smog Checks 2776 5,624.40 Alice Cummings HCF Tunitas Creek Grant Consulting 2777 350.00 D&J Rooter Septic Tank Services-Enterprise Rentals 2778 100.00 Department of Health Services Water Certifications-S. Hooper/G. Kern 2779 238.42 Design Signs Reflective Lettering/Numbers for Gates 2780 158.00 Environmental Career Opportunities , Recruitment Advertisement 2781 57.60 Gempler's, Inc. Uniform Samples 2782 564.18 GreenWaste Recovery, Inc. Dumpster Service-SRO 2783 1,395.91 Guy Plumbing&Heating Plumbing Repairs-Enterprise Rentals 2784 731.91 Home Depot Field Supplies 2785 20.69 Hyster Sales Company Equipment Repair Part 2786 6,064.63 Jones&Stokes-Biological&Cultural Consulting Old Page Mill Road Landslide Project 2787 205.47 Keeble&Schuchat Photography Photo Processing-BCR Thank you Cards 2788 151.25 Kevin's Auto Repair Vehicle Smog Checks 2789 2,541.95 Liebert Cassidy Whitmore Legal Services 2790 18,901.70 Locus Technologies Legal Services-Guadeloupe River Watershed 2791 500.00 Macias, Gini&Company Auditors Installment Payment 2792 86.38 Brian Malone Reimbursement-Binoculars 2793 308.39 MCI Telephone Long Distance Service 2794 350.00 Merwin Mace Acquisition Consulting Services 2795 899.70 MetroMobileCommunications Radio Accessories 2796 104.70 Moffett Supply Company Jumbo Toilet Paper Dispensers 2797 150.00 Neufeld, Jaffe, Levin&Colantuono Legal Services-Coastal Annexation 2798 40.74 Northern Energy Propane Service 2799 883.97 *2 Office Depot Office Supplies 2800 406.05 Orchard Supply Hardware Field Supplies 2801 1,504.27 Pacific Bell Telephone Service 2802 176.33 Pacific Water Systems Water Filters-Enterprise Rentals 2803 31.86 Peninsula Digital Imaging Map Laminating Services 2804 167.71 Peninsula Transmission Svc. Inc. Vehicle Repairs 2805 285.66 Pitney Bowes Credit Corporation Monthly Postal Meter Lease Page 1 Claims No. 01-22 Meeting 01-25 November 28, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT N Amount Name Description 2806 135.32 Roberts&Brune Company Field Supplies 2807 526.28 Roy s Repair Service Vehicle Maintenance&Repairs 2808 40.00 *3 San Mateo County Resource Conservation District Roads Workshop For Kerns, Armstrong, Bankosh and Casaretto 2809 51.81 San Mateo County Times Subscription Renewal 2810 88.00 Co. of Santa Clara-Office of the Sheriff Fingerprinting Services 2811 162.74 Safety-Kleen Solvent Tank Service 2812 55.57 Setcom Corporation Helmet Hygiene Kits 2813 105.50 Skyline County Water District Water Service 2814 9.72 Summit Uniforms Flashlight Holder 2815 592.11 Tires On The Go Vehicle Tires 2816 1,106.00 Thoits Insurance New Vehicle Insurance-3 Vehicles 2817 486.00 2M Associates Studies of District Annexation 2818 3,303.59 United Rentals Excavator and Backhoe Rental 2819 226.80 West Coast Rebar Co., Inc. Rebar 2820 110.75 Michael Williams Vehicle Mileage 2821 308.08 Wildfire 10 Fire Helmets 2822 148.89 West Coast Aggregates, Inc. Baserock-BCR Project 2823 76.75 Xpedite Systems, Inc. Monthly Fax Broadcasting Usage Charge 2824R 399.84 AT&T Wireless Service Cell Phone Service 2825R 447.61 Avaya Financial Services Telephone Lease 2826R 6,816.01 Barg Coffin Lewis&Trapp Legal Consultants/Guadalupe Watershed 2827R 154.38 California Water Service Company Water Service 2828R 2,597.42 Dell Marketing L.P. Computer and Monitor 2829R 72.54 Expanets Telephone Service Agreement 2830R 14.56 Federal Express Express Mailing Service 2831R 1.73 Foster Brothers Security Systems, Inc. Keys 2832R 171.64 Lanier Worldwide, Inc. Copier Services 2833R 95.44 Robert's Hardware&Tack Field Supplies 2834R 1,841.64 Roy's Repair Service Vehicle Repairs&Maintenance 2835R 100.67 Duncan Simmons Reimbursement/Vehicle Mileage 2836R 95.66 West Group Payment Center Legal On-line Access 2837R 243.65 Elisa Wickham Reimbursement/Academy Expenses 2838R 224.17 Petty Cash Office Supplies, Field Supplies, Fuel, Vehicle Mileage and Local Business Meeting Total 87,022.65 *1 Urgent Check Issued November 20, 2001 *2 Urgent Check Issued November 20, 2001 *3 Urgent Check Issued November 21, 2001 Page 2 Claims No. 01-22 Meeting 01-25 November 28, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2757 475.00 Aaron's Septic Tank Service Sanitation Services 2758 999.42 Acme&Sons Sanitation Sanitation Services 2759 4,275.00 Aerial Information Systems, Inc. Vegetation Mapping-La Honda Creek 2760 1,418.63 Allied Auto Works Vehicle Maintenance&Repairs 2761 9,945.00 All Seasons Roofing Services Re-Roof Smith House Roof 2762 44.81 AT&T Telephone Service 2673 250.00 Backflow Prevention Specialist, Inc. RSA County Park-Restroom Maintenance 2675 322.87 Barron Park Supply Co. Plumbing Repairs-RDG 2676 728.33 Barbara Bergman Road Agreement-Norton Driveway 2677 734.89 Big Creek RSA County Park-Fencing Project 2678 295.00 California Park&Recreation Society Recruitment Advertisement 2679 1,957.00 California Suites Housing Accommodations-Ranger Academy 2680 131.32 California Water Service Company Water Service 2681 338.00 Cambria Corporation Database Consultant&Project 2682 569.00 Camino Medical Group Medical Services 2683 170.10 Cascade Fire Equipment Company "Open Space" on Fire Shirts 2684 155.54 Cole Supply Co., Inc. Janitorial Supplies 2685 50.00 Jim Davis Automotive Vehicle Smog Checks 2686 5,624.40 Alice Cummings HCF Tunitas Creek Grant Consulting 2687 350.00 D&J Rooter Septic Tank Services-Enterprise Rentals 2688 100.00 Department of Health Services Water Certifications-S. Hooper/G. Kern 2689 238.42 Design Signs Reflective Lettering/Numbers for Gates 2690 158.00 Environmental Career Opportunities Recruitment Advertisement 2691 57.60 Gempier's, Inc. Uniform Samples 2692 564.18 GreenWaste Recovery, Inc. Dumpster Service-SRO 2693 1,395.91 Guy Plumbing&Heating Plumbing Repairs-Enterprise Rentals 2694 731.91 Horne Depot Field Supplies 2695 20.69 Hyster Sales Company Equipment Repair Part 2696 6,064.63 Jones&Stokes-Biological&Cultural Consulting Old Page Mill Road Landslide Project 2697 205.47 Keeble&Schuchat Photography Photo Processing-BCR Thank you Cards 2698 151.25 Kevin's Auto Repair Vehicle Smog Checks 2699 2,541.95 Liebert Cassidy Whitmore Legal Services 2700 18,901.70 Locus Technologies Legal Services-Guadeloupe River Watershed 2701 500.00 Macias, Gini&Company Auditors Installment Payment 2702 86.38 Brian Malone Reimbursement-Binoculars 2703 308.39 MCI Telephone Long Distance Service 2704 350.00 Merwin Mace Acquisition Consulting Services 2705 899.70 MetroMobileCommunications Radio Accessories 2706 104.70 Moffett Supply Company Jumbo Toilet Paper Dispensers 2707 150.00 Neufeld, Jaffe, Levin&Colantuono Legal Services-Coastal Annexation 2708 40.74 Northern Energy Propane Service 2709 883.97 *1 Office Depot Office Supplies 2710 406.05 Orchard Supply Hardware Field Supplies 2711 1,504.27 Pacific Bell Telephone Service 2712 176.33 Pacific Water Systems Water Filters-Enterprise Rentals 2713 31.86 Peninsula Digital Imaging Map Laminating Services 2714 167.71 Peninsula Transmission Svc. Inc. Vehicle Repairs 2715 285.66 Pitney Bowes Credit Corporation Monthly Postal Meter Lease 2716 135.32 Roberts&Brune Company Field Supplies Page 1 Claims No. 01-22 Meeting 01-25 November 28, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2717 526.28 Roy's Repair Service Vehicle Maintenance&Repairs 2718 51.81 San Mateo County Times Subscription Renewal 2719 88.00 Co. of Santa Clara-Office of the Sheriff Fingerprinting Services 2720 162.74 Safety-Kleen Solvent Tank Service 2721 55.57 Setcom Corporation Helmet Hygiene Kits 2722 105.50 Skyline County Water District Water Service 2723 9.72 Summit Uniforms Flashlight Holder 2724 592.11 Tires On The Go Vehicle Tires 2725 1,106.00 Thoits Insurance New Vehicle Insurance-3 Vehicles 2726 486.00 2M Associates Studies of District Annexation 2727 3,303.59 United Rentals Excavator and Backhoe Rental 2728 226.80 West Coast Rebar Co., Inc. Rebar 2729 110.75 Michael Williams Vehicle Mileage 2730 308.08 Wildfire 10 Fire Helmets 2731 148.89 West Coast Aggregates, Inc. Baserock-BCR Project 2732 76.75 Xpedite Systems, Inc. Monthly Fax Broadcasting Usage Charge *1 Urgent Check Issued November 20, 2001 Total 73,355.69 Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager r Date: November 20, 2001 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.opmspace.org Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 16, 2001 Mr. Gary Rudholm County of Santa Clara Planning Department County Government Center, East Wing, 7 1h Floor 70 W. Hedding Street San Jose, CA 95110 Subject: Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) for Lexington Quarry(Quarry) Dear Mr. Rudholm: On behalf of the Midpeninsula Regional Open Space District (District), I would like to submit the following comments regarding the Notice of Preparation for the Lexington Quarry Project. The District owns and manages approximately 46,500 acres of open space land on the San Francisco Peninsula in a series of 26 preserves stretching from the San Francisco Watershed Lands to south of Los Gatos. Sierra Azul Open Space Preserve,which is the District's largest, totaling over 15,000 acres, adjoins the southern and western boundaries of Lexington Quarry. The District also owns a conservation easement across a property that adjoins the eastern boundary of Lexington Quarry. St. Joseph's Hill Open Space Preserve, located just north of Lexington County Park, is within approximately one-half mile from the Lexington Quarry. The District expects to acquire more lands abutting or near the Quarry in the future. We respectfully request that the following comments be included in the scope of work for the Lexington Quarry DEIR. We are always interested in development activities that occur near or adjacent to District lands, and are particularly concerned about the potential impacts associated with the existing and future planned operations at the Lexington Quarry. 1. Vegetation The District is concerned about the failure of past re-vegetation efforts on the existing quarry benches in the areas that are now designated as "reclaimed". The applicants have not succeeded in reestablishing vegetation within the reclaimed zone, raising significant concerns about the future success of re-vegetation efforts within the proposed expansion area. The Quarry should not be allowed to expand until the existing reclaimed areas are adequately restored and re- vegetated according to the existing permit. Replanting methods that prove successful should then be used as guidelines for restoration in the proposed expansion area and included as mitigation in the DEIR. In view of these problems, it is critical for the mitigation monitoring report, which will be prepared for the DEIR, provide specific information on the assignment of responsibilities for the restoration activities, a time-critical re-planting schedule, measurable criteria to determine the level of successful restoration, specific reporting requirements, and enforcement procedures and penalties for non-compliance. 330 Distel Circle * Los Altos,CA 94022-1404 a Phone:650-691-1200 Fax:650-691-0485 9 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 We assume that cut slopes within the expansion area are proposed to be similar to the existing steep slopes of the exposed hillsides under current excavation. The DEIR should therefore examine the feasibility of establishing alternative "finished" cut slopes that are lower in grade or that have additional benches to help ensure successful replanting and regeneration. To establish a natural landscape and thereby minimize future visual impacts, the restoration plan should be designed to resemble the surrounding natural landscape, using clustered plantings of locally native trees and shrubs. Dust generated by the expanded project will most likely have a negative impact on plant growth, both in the project area and on neighboring District land. The DEIR should therefore also consider the effects of dust on vegetation and include appropriate mitigation. 2. Wildlife The proposed project is likely to create severe impacts to wildlife and wildlife habitat during the life of the quarry. The DEIR should evaluate these impacts and the ability of the area to regain its habitat value once the land is reclaimed. The DEIR should also address the possibility of enhancing wildlife habitat in other areas of the property, including the reclaimed areas that can serve as a suitable replacement habitat, or provide for off-site mitigation 3. Aesthetics and Open Space The greatest potential impact of the project on recreational use of the District's preserves is the visual impact. The expansion project would likely further degrade the visual qualities of the area, making the project site highly incompatible with the surrounding open space. Visual studies should be conducted from the District's Mazanita Trail, Novitiate Trail, and St. Joseph's Hill vista point in St. Joseph's Hill Open Space Preserve and the Limekiln Trail in Sierra Azul Open Space Preserve to determine the potential extent of the visual impact. 4. Recreational Use Conflicts Increasing numbers of hikers, bicyclists, and equestrians are entering Lexington County Park via Los Gatos Creek Trail and continuing into St. Joseph's Hill Open Space Preserve using Alma Bridge Road. These open space areas are especially popular given their close proximity to urban centers and suburban cities including Los Gatos, Saratoga, and Cupertino. Sierra Azul Open Space Preserve is also receiving greater use given that the Limekiln Trail provides a connection between the preserve and Lexington County Park. It is important to note that a portion of the Limekiln Trail traverses across the southwestern comer of the Lexington Quarry Property,within approximately one-tenth of a mile of the planned expansion area. Therefore, the DEIR should consider the potential impacts of the project on these recreational uses and suggest mitigation to maintain the safety and open space experience of recreational users. Both the District and Santa Clara County Parks Department are separately in the planning phase for constructing two proposed parking lots near the intersection of Hicks and Mt. Umunhurn Roads. The opening of these parking lots will enhance the access opportunities from the eastern end of Sierra Azul Open Space Preserve and improve the accessibility to more than twelve miles of trail planned for dedication as part of the regional Bay Area Ridge Trail alignment. These future projects will likely introduce many more trail users to the area. The DEIR should consider 2 the likely increase in public trail use as part of the evaluation of potential impacts to recreational uses. 5. Water Quality The District is also concerned about impacts to the water quality as a result of the proposed expansion project. Limekiln Creek and a tributary both flow through the Lexington Quarry Property. Current excavation operations are occurring along the northwestern slopes of the tributary. Proposed expansion would result in operations much closer to Limekiln Creek,which is considered a major drainage of the Los Gatos Creek watershed that flows into Lexington Reservoir. Areas within the current use permit have overly steep slopes that appear to be very unstable. There is concern that if similar cut slopes are allowed in the expansion area, erosion from surface runoff and possible slope failures may result in significant impacts to the water quality of Limekiln Creek. Moreover,water quality impacts to Limekiln Creek due to erosion may further aggravate siltation problems in the Lexington Reservoir. These potential impacts and concerns should be addressed in full as part of the DEIR. We appreciate the opportunity to comment on the Notice of Preparation for the Lexington Quarry Project. If you have any questions, please contact Ana Ruiz, Open Space Planner, at (650) 691-1200. Sincer y, L. Craig Britton, G neral�Manager Midpeninsula Regional Open Space District cc: Midpeninsula Regional Open Space District Board of Directors Santa Clara County Parks Department LCB:ar 3 Regional Open -we November 15, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dr.W. Melvin Brown,M.D. P. O. Box 5447 San Mateo, CA 94402 RE: Volunteer Liability Form Midpeninsula Regional Open Space District Dear Dr. Brown: Thank you for your letter dated September 18,2001,which was considered by the full Board of Directors at their regular public meetings on October 24 and November 14, 2001. Please excuse the delay in answering your letter, but this response took considerable research by our staff. The Midpeninsula Regional Open Space District is appreciative of the volunteer work you have done for the District through Peninsula Open Space Trust(POST). The District is aware of your knowledge and history with the easements you have monitored and is happy to hear you are willing to continue working directly with the District. We apologize if you have felt mistreated in the District's response regarding Volunteer Liability forms. This was certainly not our intent. Your letter mentions a District form central to the cause of concern: we assume this to be the Volunteer Agreement and Release of Liability form. Many public agencies have liability release forms and/or clauses to protect themselves against the risk of lawsuits originating from circumstances out of their agency's control. Unfortunately, in this litigious climate and with large volunteer programs,public agencies cannot protect themselves against frivolous lawsuits without releases such as these. Samples of similar releases of liability from other agencies are enclosed for your review. We know valued volunteers like you are not the problem,but we,as stewards not only of open space,but also of public tax dollars,cannot knowingly jeopardize the District. The language of the liability release form is not intended to indicate any suspicion of a volunteer's actions or to impugn him or her in any way. In fact,just the opposite is true;we wish to eliminate those who would seek an opportunity to gain at the expense of others through frivolous lawsuits. However, as a result of your thoughts and the information gathered from other agencies,we are reviewing the language of our liability policy as it pertains to volunteers. We greatly value the volunteers who generously give their time and energy to the District. This is why we continuously attempt to exceed accepted standards when it comes to the safety of our volunteers by providing them with the same Worker's Compensation coverage we provide to our staff. Our staff are well trained in managing risks associated with the volunteer programs and treat volunteers with the utmost respect and concern. The District has benefited from your assistance to us as a POST volunteer. I hope you will find it possible to continue to work directly with the District. Pete Siemens, President Board of Directors PS:tf.lz encl. cc: MROSD Board of Director 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 S! , - n N. B. • Jean Warren Nancy Wulff • www.artistsforopenspace.com Artists�ar bpevz S �E AFos; 'n / Cupertind,C ©1�42 28� .. k t We are seven SF Bay Area artists t ose � t mission is to manifest the inspira Qf N v i� t 'i F nature into creative works of art,t 0 MAKING a U I F F E s I dedicate a percentage of those art sales to benefit organizations that support Open Space. Midpeninsula Regional Open Space Join us in supporting the acquisition 330 Distel Circle and preservation of Open Space.Visit Los Altos, CA 94022 us online to view artwork and learn more about the Artists for Open Space at www. artistsforopenspace.com,or call 408-534-1244. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager- Date: November 28, 2001 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • [-mail: mrosd@openspace.org • Web site: www.openspace.org INTEROFFICE MEMORANDUM November 19, 2001 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month October Year 2001 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Auto burglary 2 Closed area 6 6 Resisting peace officer 2 Speed 2 7 Grand theft Helmet 3 9 Destructive devices Night-riding 1 2 Dogs ACCIDENTS/INCIDENTS Prohibited area 1 4 Bicycle accident Off-leash 4 8 Equestrian accident 0 Off-road vehicles 0 0 Hiking/running accident 1 Closed area 0 0 Search& Rescue 2 Vehicle accident I After hours 0 3 LZ air evacuation I Fishing 0 0 Fire 2 Vandalism 0 4 Parking 17 19 ENFORCEMENT Parking after hours 14 29 Parking citations 31 Dumping/littering 0 0 Other citations 17 Campfires 0 0 Written warnings 39 Camping 0 0 Arrests 0 Weapons Police assistance 3 Actual contact 0 0 Report only 0 1 MUTUAL AID Evidence of 0 0 Accident (vehicle) 2 Grazing 0 1 Accident (bicycle) 2 Smoking 0 1 Law enforcement I Illegal trail construction 0 1 Landing zone off-site I Suspicious person 0 2 Fire I Minor poss alcohol 0 5 SUMMARIES OF SIGNIFICANT INCIDENTS Oct. I J. Smith was first on scene to a wildland fire that started on Almaden Quicksilver County Park property. The fire spread rapidly in grassland and was approximately three to four acres upon Smith's arrival. J. Smith provided access information to Santa Clara County Fire and CDF units who arrived to fight the fire. He remained on scene to monitor threat to District property. T. Lausten and D. Smith also responded. The fire burned approximately 30 acres. Oct. 8 A person reported hearing several gunshots coming from the above the Ridge Trail in Skyline Ridge OSP. No suspects were located. B. Downing, L. Paterson. Oct. 13 K. Carlson observed approximately 400 feet of an eight-foot wide trail illegally constructed at Bear Creek Redwoods OSP. One culvert was placed in the Aldercrof Creek drainage. The District and Fish& Game are investigating the violation. Oct. 13 J. Smith found an abandoned motorcycle in Bear Creek Redwoods OSP. He removed the motorcycle from the preserve. Attempts were made to contact the owner, without success. CHP towed the motorcycle for storage. Oct. 14 A wildland fire at Russian Ridge OSP,possibly started by an arsonist, consumed approximately 55 acres of grassland and oak woodland. Approximately 100 fire fighters,4 air tankers, 2 helicopters, fire engines, water tenders and a bulldozer, as well as District staff,responded to fight the fire. Oct. 14 A suspicious fire Was reported in Picchetti Ranch. K. Miller, J. Smith and CDF units responded to a smoldering tree. The fire was extinguished by CDF. Oct. 15 Equipment valued at approximately $500 was taken from a bulldozer in Sierra Azul OSP. It had been rented by the District and left for pickup by the rental company. K. Miller completed a report and will contact the Sheriffs Department. Oct. 15 Two elderly people who had been missing for three days were located immediately adjacent to Windy Hill OSP. CHP requested assistance after receiving a tip from a hang glider who had seen a vehicle in a ravine. Rangers T. Lausten and D. Smith located the missing vehicle, which had run off the road into a ravine to the north of Spring Ridge Trail. The two victims were transported to the hospital for treatment of moderate injuries and dehydration. D. Sanguinetti,B. Downing, C. Beckman, B. Dolan, CDF, CHP, San Mateo Sheriff's Dept., and SJPD responded. Oct. 18 District rangers became aware of the following incident in the Whittimore Gulch parking lot at Purisima Creek OSP several weeks after it occurred. At 3:00 a.m. two San Mateo County sheriff's deputies contacted a person sleeping in his car. When questioned, the man fled and escaped in his vehicle, after ramming the parking lot fence, ramming a patrol vehicle, and knocking a deputy to the ground. About two weeks later the same suspect attempted a sexual assault on a juvenile in her home in Atherton. The suspect is currently wanted on a one million dollar warrant. Oct. 24 Rangers investigated a report of a suspicious person at El Corte de Madera OSP. A woman felt afraid when she saw a man hiding behind a tree next to the trail. Rangers were not able to locate him. S. Anderson-Minshall, C. Sparks-Hart, L. Patterson, E. Wickham. Oct. 24 Credit cards and cash were taken from at auto at Russian Ridge OSP. S. Anderson-Minshall Oct. 27 Two separate piles of broken auto glass were discovered at the Redwood Trailhead at Purisima Creek Redwoods OSP. Broken glass of this type usually indicates an auto burglary. C. Sparks- Hart. Oct. 30 Two homemade explosive devices were found in Sierra Azul by J. Smith. The area was secured and Los Gatos Police and a bomb technician from the Sheriffs Department responded. The first device was already detonated by an unknown explosive. The second device,a large firecracker wrapped in duct tape, was found undetonated. Los Gatos Police completed a report and removed all material for destruction and disposal. Vandalism: 7 An interior gate at RSA County Park was damaged,possibly by a vehicle. 8 A"No Dogs" sign at Russian Ridge was carefully scratched to remove the "no"and the red cross- hatch line. 23 Names were carved in a rock at the tafoni in Corte Madera OSP. 27 Four"Area Closed" signs were removed from the Hwy 9 frontage of the former Girdner and Foster properties at Saratoga Gap OSP. E. Wickham. ZOW91 of TOaZOLA UALLET COUNCIL: Kirke Comstock - Mayor Eli Dav is- Vice Mayor Cram M. Brown Edvc,ird C."Teel'Driscoll,Jr. November 20, 2001 Nancy Win Mr.James T. Beall,Jr.,Chairman TOVIN OFFICERS: Board of Supervisors An"'cla Ilowiml Santa Clara County Tovv n Admini,trator 1 th Floor Sandy Sloan 70 West Heddin Street, 0 g San Jose, CA 95110 Town Att«rney Subject: Trail C-1, Stanford University Community Plan, December 2000 Dear Chairman Beall: Portola Valley wishes to record its position with regard to the implementation of the trail known as C-1, a trail that is shown on the Stanford University Community Plan approved by Santa Clara County. The subject trail, while outside of the Portola Valley town limits, is within the planning area of the town. Also, it is related to trails and open spaces within the town and provides an important link in the regional trail system. Portola Valley is in the process of revising the Trails and Paths Element of its General Plan. During this time the Trails Committee and the Planning Commission have relied on the Stanford community plan. The current Trails and Paths Element shows the C-1 trail in a location consistent with the location shown on the approved diagram included in the community plan as Figure 5.3. We are particularly disturbed that Portola Valley has not been consulted with respect to the implementation of this trail. We note on page 87 of the approved community plan the following: Creation of trails on Stanford land should be coordinated among the six jurisdictions in which Stanford lands are located, as well as the Midpeninsula Regional Open Space District. The six jurisdictions referred to are found on page 2 of the community plan. Portola Valley is one of the six jurisdictions cited. To date,there has been no formal communication from either Stanford University or Santa Clara County with respect to the implementation of this trail. This lack is entirely inconsistent with the provisions of the plan. We therefore urge Santa Clara County,the body overseeing the implementation of the community plan, to involve Portola Valley in the implementation of this very important trail. Other provisions on pages 86 and 87 of the community plan make it abundantly clear that the subject trail is to be provided on Stanford land and be part of a regional trail system. The following excerpts support this provision: Because Stanford lands border on a number of designated preserves and parklands,the Trails Master Plan identifies trail linkages in the regional trail system which cross Stanford lands. (Note: the reference is to the Countywide Trails Master Plan of the county) (p. 86) 51-1 00 Fax: 650 851-4677 e-mail: townhall® rtolavalle .net Town Hall: 765 Portola Road, Portola Valley,CA 94028 Tel: (650) 8 7 ( ) Po Y The connector route C1,in the San Francisquito/Los Trancos Creek corridors, is designated as a "trail route within private property." The alignment generally follows the creeks and Alpine Road. (p. 87) Portola Valley has an extensive system of trails and open spaces. Access to these facilities will be enhanced by trail C-1. The major open space in the town is the extensive holding of the Midpeninsula Regional Open Space District known as the Windy Hill Open Space Preserve. While many other relationships of trail C-1 to trails and open spaces within the town could be described, this letter is not the place to pursue such descriptions. Such deliberations should be a part of the required coordination with the six jurisdictions. We urge your board to not approve any plan for the implementation of trail C-1 until the county has coordinated with the town and the other five jurisdictions as well as the MROSD. Finally, approval by the county of the community plan was a significant step forward in helping ensure reasonable coordination with surrounding communities. We trust this policy will continue. Sincerely, Kirke Comstock,Mayor CC. Liz Kniss, Supervisor, District 5 Paul Romero,Director,Environmental Resources Agency,Santa Clara County Jane Mark,Environmental Resources Agency,Santa Clara County Larry Horton,Director of Government and Community Relations,Stanford University David Neuman,University Architect,Stanford University Charles Carter, Assistant Director, Planning Office. Stanford University Paul Collachi,Council Member,City of Menlo Park Craig Britton,Midpeninsula Regional Open Space District Gregory Betts,Superintendent,Open Spaces&Sciences,City of Palo Alto Sam Herzberg,Senior Planner,Environmental Services Agency,San Mateo County Denise Dade,Santa Clara County Legislative Advocate, Committee for Green Foothills r ILI NOV 2 7 20011 OFFICE OF THE GOVERNOR November 20, 2001 Mr. L. Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Dear Mr. Britton: Thank you for your interest in Senate Bill 497 (Sher) which would close a loophole in the Subdivision Map Act that has allowed some land developers to avoid routine local government review and public participation in the process to assure conformity with the General Plan, specific plans, zoning, etc. I believe this bill is necessary to good land use planing throughout the state. You will be pleased to know that I have signed this measure into law. Your participation in this process is greatly appreciated. Sincerely, GRAY DAVIS GOVERNOR GRAY DAVIS • SACRAMENTO, CALIFORNIA 95814 • (916) 445-2841