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HomeMy Public PortalAbout20020522 - Agendas Packet - Board of Directors (BOD) - 02-10 Regional Open cy ce 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—M Meeting 02-10 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:30 p.m. Wednesday,May 22, 2002 330 Distel Circle Los Altos, California AGENDA* 7:30* ROLL CALL ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—D.Little *** WRITTEN COMMUNICATION *** MINUTES • March 27, 2002 BOARD BUSINESS 7:40* 1 Guadalupe River Watershed Natural Resource Damage Assessment: Authorize the General Manager to Extend Agreement for Legal Services with the Law Firm of Barg, Coffin,Lewis&Trapp and Authorize Payments Not to Exceed an Additional $30,000; Authorize the General Manager to Extend Agreement for Technical Consulting Services with the Firm of Locus Technologies and Authorize Payments Not to Exceed an Additional $25,000—D. Simmons 8:05* 2 Adopt a Resolution to Establish a"Deemed"Retirement System Desiring"Medicare- Only"Coverage; Authorize the Payment of the District's Portion of the Retroactive Amount for Three Years for Employees Buying into the Medicare System in an Amount Not to Exceed$8,000; Authorize the General Manager to Enter into an Appropriate Legal Agreement, Subject to the Approval of the General Counsel,with any of the Eligible Employees to Advance the Funds to Pay the Three Year Retroactive Premium on Behalf of the Employee and Subject to the Obligation of the Affected Employees to Reimburse the District for the Advance of Funds Within Twelve Months for an Amount Not to Exceed$3,000 per Employee—S.Thielfoldt 8:15* 3 Proposed Lease and Property Management Agreement with Peninsula Open Space Trust for the Former McKannay Property Located Adjacent to Mt. Umunhum Area of Sierra Azul Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt From the California Environmental Quality Act as Set Out in this Report; Authorize the General Manager to Sign the Attached Lease and Management Agreement with Peninsula Open Space Trust and, Subject to Approval by the General Manager and 330 Distel Circle • Los Altos,CA 94022-1404 - Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org ftm � e a' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko, Larry Hassett,Kenneth C.Nitz • Genera/Manager:L.Craig Britton Meeting 02-10 Page 2 General Counsel,to Approve Minor Revisions to this Agreement Which Do Not Substantially Change Any Material Term of the Agreement;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report— M.Williams 4 Adopt the Attached Resolution Authorizing Participation in State Disability Insurance for Management, Supervisory, and Main Office Staff—S. Thielfoldt 5 Authorize Staff to Solicit Bids to Construct the Federal Emergency Management Agency (FEMA)-Funded Old Page Mill Trail Repairs at Skyline Ridge Open Space Preserve—S. Sommer 6 Authorize the General Manager to Enter into an Amendment to the Contract with Panko Architects of San Mateo for an Amount Not to Exceed$6,000 for Design and Engineering Services to Replace the Maintenance Shop Building for the Foothills Field Operations Facility at Rancho San Antonio Open Space Preserve—C. Woodbury REVISED CLAIMS 9:00* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. 9:15* ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. Zo ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Regional Open Ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-06 REGULAR MEETING BOARD OF DIRECTORS March 27,2002 MINUTES REGULAR MEETING L ROLL CALL Vice President Nonette Hanko called the meeting to order at 7:30 p.m. Members Present: Jed Cyr,Mary Davey,Nonette Hanko, Larry Hassett,Ken Nitz, and Pete Siemens, and Deane Little(arrived at 7:33 p.m.) Members Absent: None. Staff Present: Craig Britton, Duncan Simmons, Sally Thielfoldt, Stephanie Jensen, Sandy Sommer,Michael Williams, John Escobar, John Maciel, Cathy Woodbury H. ORAL COMMUNICATIONS—There were none. M. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. K.Nitz seconded the motion. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR K. Nitz removed Agenda Item 4, Authorize the General Manager to Execute a Contract with NQIA& Zinn, and Associates to Provide Engineering and Permitting Assistance Services for Routine Culvert Projects in an Amount Not to Exceed$3 1,500 to Provide EnRiamn:ng -cc and Resource AsteM Permitting Assistance for the Three Culverts at Sierra Azul Open Space Preserve and Five Culverts at El Corte de Madera Creek Oven Space Preserve. Staff answered questions regarding Claims 3529R, 3528R, and 3534K Motion: K. Nitz moved that the Board adopt the Consent Calendar, including approval of the Minutes of the January 30, 2002, and February 13, 2002 Special and Regular Meetings; a draft response to a written communication from Ms. Georgia Finnigan,P. O. Box 460314, San Francisco;Agenda Item 6,Authorize the General Manner to Execute 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:650-691-1200 Fax:650-691-0485 * E-mail:mrosd@openspace.org 9 web site:www.openspace.org C ism" Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton Muting 02-06 Page 2 Contract with Kier&Wright Civil Engineers and S n ors to Provide Sun= Services in an Amount Not to Exceed $25.000 for the Former Lobner Property at Monte Bello Open S210 Preserve;Agenda Item 7, Authorize the Cgpg—al Manager to Negotiate and Execute 11 Contract with Rural Pig M Bement.Inc..to Imnlement the Third Year of the Feral Pis Control Program on District Lands with itB dget Not to Exceed $43,000 in Fiscal Year 2002-2003;Agenda Item 8,AAMMY41 of Anpu l Claim Lam; Agenda Item 4,Apgint Lin Zadek as Assistant District Clerk; Agenda Item 10,Cancel the April 10, 2002 Regular Board of Director's Naming; and Revised Claims 02-06. L. Hassett seconded the motion. The motion passed 7 to 0(L. Hassett abstained on Agenda Item 7). J. Maciel introduced newly-hired Open Space Technicians Ignacio Zavala and Holden Neal. C. Britton noted that D. Simmons was at the meeting in S. Schectman's absence. S. Thielfoldt introduced her daughter, Brooke. V. BOARD BUSINESS Agenda I N — of f ttin A. Be is Item •. 1 Ai�rpl� � lh�Sian clan �r the,Im 1P emen a a aft e District l Basic Policy_,for Fiscal Year 2002-2003 -&pQrl.R 0245)_ C. Britton introduced the item, noting that the corrections and suggestions made at the January 30 meeting had been incorporated into the plan. Planning Department-C. Woodbury noted deletion of the vegetation study and addition of the five-year master plan. She said the vegetation study would be picked up next year. Public Affairs Department—S. Jensen talked about Key Project#3, Web site improvements. C. Britton informed Board Members that the good neighbor policy brochure is under the Administration Program. Operations Department—C.Britton noted the name change from Enterprise Program to Property Management Program. P. Siemens suggested changing Item 2.f on page 16 to remove the word"enterprise" and add"District-owned" residences. MQtiQn: K. Nitz moved that the Board adopt the 2002-2003 Action Plan for the Implementation of the District's Basic Policy for Fiscal Year 2002-2003. M. Davey seconded the motion. Discussion: J. Cyr commented that he thought they were getting more realistic and flexible. C. Woodbury informed the Board that postponing the vegetation study would not impact vegetation management. Meeting 02-06 Page 3 Vote. The motion passed 7 to 0. B. Agenda Item No. 2-Final Approval of Fiscal Year 20022003 Budget- C. Britton (A) Administration and Budget Committee's Fiscal Year 2002-2003 Budget KWA—(Report R-02A6J. K. Nitz presented the report, noting that there was a 7.4%increase over last year. He said the new budget growth guideline was based on the ratio of operating expenses over tax revenue and revenue growth. He touched on the seven recommendations. P. Siemens noted that a major study, such as Sierra Azu, fell under capital improvements, not the operating budget. C. Britton spoke regarding the state budget deficit. He said staff is concerned regarding the taking away of funds, and said that staff would be prudent. N. Hanko commented regarding C. Britton's remarks about no increase in his salary until after the state budget is passed. (B) AppmvA a Five-Point(5%)SAIM Adjustment for theft presented Office, Supervisory, and Management S-Uffi- Adopt the Attached Resolution Approving the Budget for Fiscal Year 2002-2003 and the Amendment to the Classification and Compensation Plan&deqJiLig the Five Point Salary Adjustments and One Classification Amendment Deleting Seasonal Interpretive MEdL& Aide and Replacing that Class Specification with Interpretive Aide-M=rt R-02-47). Motion: N. Hanko moved that the Board approve the proposed fiscal year 2002-2003 budget and recommendations described in the staff report; and approve a five-point(5O/6) salary adjustment for the represented, office, supervisory, and management staff, and adopt Resolution No. 02-07, Resolution of the Board of Directors of the Mid peninsula Regional Open Space District Adopting Budget for Fiscal Year 2002-3003. 1 Cyr seconded the motion. Discussion: N. Hanko said this was one of the best reports she had seen from the Administration and Budget Committee. P. Siemens and I Cyr commented as members of the Committee. Vote* The motion passed 7 to 0. Meeting 02-06 Page 4 C. Britton mentioned that S. Thielfoldt and D. Woods were the staff members most responsible for the report. C. Agenda Item No. 3—Approval of Insurance Coverage fair 2002-2003 Fiscal Year at a Total host of roximately$123.756: Ado `on of Resolution An rP Dying District Participation in the California Joint Powers Insurance Au#hQft's Joint Protection Program of Liability Coverage;and Authorizing Execution of the Joint Povygr Agreement Cry it g the California Joint Powers lasurance Authority (CJPIA ;Report R-02-521. S. Thielfoldt outlined the report and explained how the JPIA payment schedule worked. C. Britton said Skip McIntyre had worked with S. Thielfoldt,and said he would invite Ski to the next meeting so the Board can resent him with a resolution of F g F appreciation. Discusgion; S. Thielfoldt explained that any catastrophic loss would probably be covered b re-insurance. She also explained how the payment Y �P P Ym of claims works. Existing coverage was only for$10 million. The JPIA offers broader coverage in most categories with fewer restrictions. She added that all property loss is covered by commercial carriers but at a much reduced rate. Board members expressed concern regarding the District's liability if there were massive losses in Southern California. C.Britton talked about re-insurance and why he was impressed with the JPIA as opposed to commercial insurance. S. Thielfoldt said she did not think the administrative load would increase significantly and might even be less. C. Britton said staff had been considering this approach for the last eight years, and S. Thielfoldt's experience in the area had enabled staff to go ahead with it. He talked about other JPIAs. Motion: J. Cyr moved that the Board adopt Resolution No. 02-08, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Execution of the Joint Powers Agreement Creating California Joint Powers Insurance Authority, and Further Approving Participation in its Joint Protection Program Providing Liability Coverage Through Self-Insurance, Loss Pooling, and Excess Insurance; and approve the CJPIA insurance program for fiscal year 2002-2003 as follows: A. Joint Protection Program, General and Automobile Liability Protection, including Crime Coverage, for the period of April 1, 2002 through June 30, 2002 at a cost of$95,000(15-month coverage). B. All Meeting 02-06 Page 5 Risk Real Property Insurance Program for the period of April 1, 2002 through June 30, 2003 at a cost of$7,100. C. Vehicle Physical Damage Program for a period of April 1, 2002,through June 30, 2003 at a cost of$11,656. M.Davey seconded the motion. Vote. The motion passed 7 to 0. D. Agenda Item No. 4-AUthQdg the General Manager to Executr,11 QQntract with Nolan,Zin% and Associates to EmAdke Engineering and Permitting Assistance Services for MgLo Culvert Projects in im Amount NQ1 IQ Exqc§d $31.500 to P=de En&-mdng and&IOLro A909Y Permitting AssigAm fort ee Culverts at Sierra AZ-W Q=Soo Preserve. gnd Five C&ha rts at El Cede Madera Creek OM Spm Pre —(deport R-02=". S. Sommer said this amount is unrelated to the$40,000 to Tim Best. These are routine replacements that need to be addressed now rather than wait for his report. The cost covered design, permitting, and construction. She talked about the cost of permitting. She said that most of the culverts are in streams, and some are ditch relief culverts. None of the culverts are in year round streams. Motion: N. Hanko moved that the Board authorize the General Manager to execute a contract with Noal,Zinn, and Associates of Santa Cruz in an amount not to exceed $31,500 to provide engineering and resource agency permitting assistance for the following routine culvert projects: 1. Three culverts at Sierra AM Open Space Preserve. 2. Five culverts at El Corte de Madera Creek Open Space Preserve. P. Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5—Authorization to Solicit Bids for the&mgv1d of the Handball Cgu--r.0 to Preserve the Specimen California BU Tree at Ranch-San AnWio Cmn_U Park.INAg3pine JW the Recommended Actions are Categorically Eu-m-.Z from the California Environmental !la b Act(CEOA)as Set Out in this ftoil: Authorize, Staff to Solicit Bids for the Removal of the Handball Courts at Rancho San Antonio County Park to Preserve the Specimen California Bay Tree Adjacent to the Courts- [Report R-0 J. Maciel presented the staff report and noted that the project would include trail re-alignment, fencing around the tree, and restoration. Regarding concerns in terms of the root structure, J. Maciel said the horticulturalist worked with staff on- site. He talked about options of how visitors would be routed during demolition. Motion: K.Nitz moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in the staff report; Meeting 02-06 Page 6 and authorize staff to solicit bids for the removal of the handball courts at Rancho San Antonio County Park to preserve the specimen California bay tree adjacent to the courts. P. Siemens seconded the motion. The motion passed 7 to 0. VL INFORMATIONAL REPORTS M. Davey: 1. The Stanford hearing was postponed until June to give jurisdictions a chance to respond. 2. Regarding Stanford trails, there have been several meetings, and negotiations,are ongoing. N.Hanko: 1. Stanford hillside zoning—she attended the Palo Alto Planning Commission meeting. They will meet with the County Planning Commission. She had an invitation to meet and talk about trails. 2. She said it might be good idea to bring back former Board Members and the former general manager to the Founder's Day event. P. Siemens talked about the conference he had attended. J. Cyr said he would like to go to the New Jersey conference. C. Britton: 1. He had Coastal Conference brochures and asked which Board Members were going. 2. He passed out the POST coastal report. 3. He had a report regarding farmland protection from the capacity building workshop put on by Bay Area Open Space Council. 4. The Park District Forum will be in Monmouth County,New Jersey, June 5-8. 5. He suggested sending copies of the Andrea Muckerman letter in the FYIs to legislators. 6. Trails in El Corte de Madera—he talked about the ordinances giving the general manager the ability to close trails. J. Escobar said this was not a way of getting around Board authority, but was turning it into a resource protection area. 7. He said this weekend they will be resurfacing the parking lot and adding the flagpole at the main office. 8. AB 953 went to the Senate Local Government Committee where it passed unanimously, and will be going to the Senate floor. It now contains an urgency clause. He said it could be on the governor's desk by the end of April. He talked about other contacts they met during the trip to Sacramento and added that he thought it was a good trip. 9. He had been on a tour of Cooley Landing. 10. He met with Denise Dade on Stanford and they talked mostly about zoning. 11. Regarding Stanford trails, he had met with Jean McCowan. He wanted D. Woods to look at three different trail alignments. 12. The Town of Los Altos Hills is trying to vacate some of their trails. S. Thielfoldt had information for Board Members who are running for re-election. J. Escobar: 1. He said Planning, Public Affairs, and Operations would like to take a multi-faceted approach to non-compliance at El Corte de Madera. He met with ROW who supports what the District is trying to accomplish. He said they would establish joint information stations. 2. Regarding the web site, they have been working with Marc Auerbach, a volunteer consultant, on the new home page and hope to have it up by April 2, 2002. Meeting 02-06 Page 7 J. Maciel: 1. He suggested postponing the workshop for Resource Management until May 8. 2. He talked about D. Sanguinetti's surgery. S. Jensen: 1. The Nature Center is opening April 7. 2. She gave the following dates: Fremont Older tour on April 14. San Mateo County Earth Day,Menlo Park, April 20. Santa Clara County VIP tour,May 4. San Mateo County VIP tour,June 22. Outdoor Education leader and docent training May 7. VIL ADJOURNMENT At 9:48 p.m.,the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 02-04 Meeting 02-04 February 27, 2002 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3241 551.99 Allied Auto Works, Inc. Vehicle Service and Repairs 3242 25,924.00 All Seasons Roofing Services Roofing Repairs-Distel Building 3243 162.00 Amerigas Propane 3244 3,930.00 American Society of Landscape Architects GIS Software 3245 42.76 AT&T Telephone Service 3246 22.50 Chris Baressi Reimbursement-Membership Dues 3247 72.50 Janet Beaugh Reunbursement-Resource Documents 3248 65.84 Craig Beckman Reimbursement-WTBA Conference Expense 3249 62.05 The Bicycle Outfitter Bicycle Repairs 3250 182.00 Bill's Towing and Recovery Vehicle Towing 3251 122.49 Browning-Ferris Industries Garbage Service 3252 183.22 California Water Service Company Water Service 3253 471.00 Camino Medical Group Medical Services 3254 973.00 Central Coast Bat Research Group Red Barn Bat Banding Research and Capture 3255 851.11 Central Coast Wilds Habitat Restoration-Williams Property 3256 174.17 Cole Supply Company, Inc. Janitorial Supplies 3257 15.14 CSKAuto Vehicle Supplies 3258 205.18 Custom Alignment District Vehicle Alignment Work 3259 50.00 Del Rey Building Maintenance Office Space Maintenance 3260 683.29 Done Right, Inc. Enterprise Rental Repairs--Sherrill House 3261 1,020.00 Employment Development Department State Unemployment Insurance 3262 2,604.36 E.S.R.I. Inc. ArcGis Street Map and ArcPress 3263 85.15 Federal Express Express Mailing 3264 1,950.00 General Graphics Exhibits Design and Engineering-Trailhead Sign 3265 63.26 G&K Service, Inc. Shop Towel Service 3266 204.18 Green Waste Recovery, Inc. Garbage&Recycle Service 3267 109.56 Interactive Technologies Nature Center Pond Mural Display-Lights 3268 14,522.61 Jakaby Engineering Bridge, Observation Deck and Trail Projects 3269 95.00 Killroy Pest Control Inc. Yellow Jacket Removal-Dyer House 3270 496.86 Langley Hill Quarry Baserock 3271 1,344.92 Lanier Worldwide, Inc. Copier Lease 3272 195.21 MCI Long Distance Phone Service 3273 336.36 MetroMobileCommunications Radio Repairs 3274 784.87 Miller, Staff&Regalia Legal Services 3275 50,000.00 City of Mountain View Deer Hollow Farm Annual Payment 3276 65.84 Michael Newburn Reimbursement-WTBA Conference Expense 3277 1,106.19 Pacific Bell Telephone Telephone Service 3278 16,074.21 Panko Architects Office Improvement Projects-Annex, BCR 3279 32.90 Loro Paterson Reimbursement-Uniform Expense 3280 250.00 PERS Public Agency Coalition Annual Membership Dues 3281 173.20 Warren Phillips Reimbursement-Uniform Expense 3282 255.64 Pitney Bowes Credit Corporation Postage Meter Lease 3283 4939.33 *1 Precise Mailing, Inc. Postage and Distribution 3284 25.52 Precision Engravers, Inc. Name Tags 3285 12.00 Rancho Cobbler&Cleaner Uniform Repair 3286 2,074.69 Redwood General Tire Co., Inc. Vehicle Tires 3287 3,000.00 Reserve Account Postage 3288 629.90 Roy's Repair Service Vehicle Maintenance&Service 3289 4.32 Ritz Camera Centers Film Page 1 e Claims No.02-04 Meeting 02-04 February 27,2002 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3290 168.87 Safety-Kleen Solvent Tank Service 3291 173.20 David Sanguinetti Reimbursement-Uniform Boots 3292 448.40 San Jose Water Company Water Service-RSA 3293 10.00 *2 San Mateo County Public Health Laboratory Medical Services 3294 788.20 Santa Clara Co. Department of Environmental Health Hazardous Materials Removal Service 3295 1,401.78 Sideman&Bancroft LLP Legal Services 3296 12.51 Skywood Trading Gas Vehicle Fuel 3297 950.22 Soma Ergonomics, Inc. Office Chairs 3298 380.00 State Bar of California Professional License--State Bar Dues 3299 235.94 Stevens Creek Quarry, Inc. Baserock 3300 130.65 Suburban Propane Pro 3301 331.44 Tadco Supply Restroom Supplies 3302 441.84 Therma Corporation HVAC Maintenance 3303 533.01 Tires on the Go Vehicle Tires 3304 5,250.00 TKO General Engineering and Construction, Inc. Oilspill Site Restoration 3305 54.80 Tony and Alba's Pizza Local Meeting Expense 3306 706.21 United Rentals Equipment Rental 3307 120.09 WearGuard Uniform Expense 3308 59.69 Sumudu Welaratna Private Vehicle Expense 3309 203.03 West Coast Aggregates, Inc. Driveway Repair--Thornewood Residence 3310 6,227.50 Winters, Krug&Delbon Legal Services 3311 76.01 Xpedite Systems, Inc. Fax Broadcast System-OEL Press Release 3312R 1,792.89 Design Concepts Services For Joint Rancho San Antonio Brochures With County Parks 3313R 663.20 Petty Cash Office and Field Supplies, Enterprise Repairs Local Meeting Expense, Training and Seminars, Film, &Private Vehicle Expense *1 Urgent Check Issued February 20,2002 *2 Urgent Check Issued February 20, 2002 Total 158,359.80 Page 2 Regional Open 5 ice 1 rrr�_ R-02-69 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-10 May 22, 2002 AGENDA ITEM 1 AGENDA ITEM Guadalupe River Watershed Natural Resource Damage Assessment: Authorize the General Manager to Extend Agreement for Legal Services with the Law Firm of Barg, Coffin, Lewis & Trapp and Authorize Payments Not to Exceed an Additional $30,000; Authorize the General Manager to Extend Agreement for Technical Consulting Services with the Firm of Lo /s Technologies and Authorize Payments Not to Exceed an Additional $25,000 GENERAL MANAGER'S RECOMMENDATIO 1. Authorize the General Manager to extend agreement for legal services with the law firm of Barg, Coffin, Lewis & Trapp and authorize payments not to exceed an additional $30,000. 2. Authorize the General Manager to extend agreement for technical consulting services with the firm of Locus Technologies and authorize payments not to exceed an additional $25,000. DISCUSSION At your August 8, 2001 meeting, you authorized retention of the law firm of Barg, Coffin, Lewis & Trapp and the technical consultant firm of Locus Technologies to assist staff in settlement negotiations with the United States Fish and Wildlife Service and the California Department of Fish and Game, acting as Trustees of natural resources that they allege have been damaged by mercury contamination that may have emanated, historically, from lands owned by several private and public entities in the Guadalupe River watershed, including the District's former Rancho de Guadalupe property at Sierra Azul Open Space Preserve(see Report R-01-95). At your February 27, 2002 meeting you authorized an additional $20,000 for legal services and an additional $30,000 for technical services (see Report R- 02-34). Technical needs are nearly complete and a period of significant legal participation in the negotiation process is now required. Staff, working with Locus Technologies and Tom Trapp of Barg, Coffin, Lewis & Trapp, has determined that a realistic estimate of additional outside costs over the next three months in this matter is $30,000 for legal services and $25,000 for technical services. Prior authorizations of$65,000 for legal services and $85,000 for technical consultation have resulted in negotiation of a significant reduction in the compensation demands of the Trustees. Approval of this recommendation would result in total authorization for this project of$205,000. This proposed expenditure was contemplated during the 2002-2003 fiscal year budget process and $100,000 was appropriated at that time for this purpose. Prepared by: Duncan M. Simmons, Attorney Contact person: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax: 650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org OFPEE� Board of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz • General Manager:L.Craig Britton Regional Open 5 ce 1 1 R-02-71 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-10 May 22, 2002 AGENDA ITEM _2 AGENDA ITEM Adopt a Resolution to Establish a"Deemed" Retirement System Desiring "Medicare-Only" Coverage; Authorize The Payment Of The District's Portion of the Retroactive Amount for Three Years for Employees Buying into the Medicare System in an Amount not to Exceed $8,000; Authorize the General Manager to Enter into an Appropriate Legal Agreement, Subject to the Approval of the General Counsel, with any of the Eligible Employees to Advance the Funds to Pay the Three Year Retroactive Premium on Behalf of the Employee and Subject to the Obligation of the Affected Employee to Reimburse the Di ' "for Advance of Funds Within Twelve Months for an Amount not to Exceed $3,000 per mployee GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached Resolution establishing a"deemed" retirement system desiring "Medicare-Only" coverage for certain employees electing to enter the Medicare System. 2. Authorize the payment of the District's portion of the retroactive premium for three years for certain District staff to"buy" into the Medicare System in an amount not to exceed $8,000. 3. Authorize the General Manager to enter into an appropriate legal agreement, subject to the approval of the General Counsel, with any of the eligible employees to advance the funds to pay the three year retroactive premium on behalf of the employee and subject to the obligation of the affected employee to reimburse the District for the advance of funds within twelve months for an amount not to exceed $3,000 per employee. BACKGROUND In 1986, federal law mandated that all employees who began work on or after April 1, 1986 pay into the Social Security Medicare system. The Medicare program requires that both employee and employers make payments into the system. At that time, there were a number of District employees who were hired prior to April 1, 1986. These employees were not required to participate in the Medicare program. CalPERS, the District's retirement system, has a program in conjunction with Medicare whereby an employee hired prior to April 1 1986 who would like to begin paying into Medicare can do YP P 8 P Y 8 so, if the employer adopts a Resolution establishing a"Medicare-Only" coverage plan and offers a vote of all eligible employees. DISCUSSION There are a total of seven District employees who were hired prior to Aril 1, 1986. Three of those em 1 0 Distel Or�le Los Itos A 94 22-14 P n ;�>0-091- 200 at at their P . A���� � �: � 04 4 60 o.aEEs. 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-02-71 Page 2 retirement,they may have enough credits to qualify for coverage. The other four employees have either already obtained their minimum quarters to qualify or are very close to meeting the requirements and are not interested in joining the program. The three employees who have expressed a desire to be part of the Medicare program began talking with District staff over three years ago, hoping that they could.begin paying into the Medicare system. Unfortunately, staff has not been able to conduct the research necessary to begin this process until now. The CalPERS Medicare program allows for employerslemployees to pay retroactively into the system for up to five(5)years. Management has met with these employees and/or spoken with them individually to determine what their desires are in terms of how many years of retroactivity would suit thew needs. Two of the three employees have requested three years of retroactivity. In light of the fact that the effected employees are all long term employees, had expressed an interest in being able to participate in the Medicare program over three years ago, and a majority are willing to pay three years of the employee portion of premium, staff feels that a three year retroactivity program would be fair and reasonable,and would help to retain these valuable employees. In electing to offer a three year retroactive voluntary Medicare program, the District would be paying for three years of the employer portion of Medicare taxes for any employee who subsequently votes to participate. If all seven of the employees opted into the program,the three year retroactive cost to the District would be approximately$24,900. As mentioned above, only three employees are interested. If the three interested employees opt into this progrank the total retroactive cost to the District would be approximately$8,000. In addition, the interested employees asked if the District would allow them to make payments on their retroactive portion. Staff informed the employees that such an arrangement would be possible, subject to approval, but only for up to twelve months. Owe the attached resolution is adopted by the Board of Directors,the process through CalPERS takes a minimum of nine months. Therefore,the retroactive payment by the District, and any premiums advanced by the District,will not occur until April 2003 at the earliest. Since the program cannot begin until April 1, 2003,the employees will be informed that they could consider putting motiey aside now for premium payments(for the period: June 2002 to April 2003). The District will.also budget for the employer's portion of Medicare taxes (approximately$2,200)for the same time period. Prepared by: Sally Thielfoldt, Administration and Human Resources Manager Lisa Zadek, Senior Administrative Assistant Contact person: Sally Thielfoldt, Administration and Human Resources Manager RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF TBE MMPENINSULA REGIONAL OPEN SPACE DISTRICT ELECTING TO ESTABLISH A'�DEEMED"RETIREMENT SYSTEM PURSUANT TO SECTION 21 8(D)6)OF THE FEDERAL SOCIAL SECURITY ACT DESIRING "MEDICARE-ONLY" COVERAGE The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: WHEREAS,the Midpeninsula Regional Open Space District, hereinafter designated as "Public Agency", desires to establish a"deemed" retirement system pursuant to Section 21 8(dX6)of the Federal Social Security Act composed of positions of members of the California Public Employees' Retirement System, hereinafter designated"Present Retirement System" desiring"Medicare-Only" coverage, and to include services performed by individuals employed by the Public Agency in positions covered by said"deemed" retirement system, as members of a coverage group established by Section 21 8(d)(4)of said Act, in the California State Social Security Agreement of March 9, 1951, providing for the coverage of public employees under the Health Insurance system established by said Act as amended; and WHEREAS, State and Federal law and regulations require, as a condition of such coverage,that a division be authorized by the Board of Administration, California Public Employees' Retirement System; and WHEREAS, it is necessary that the"Public Agency" now designate any services which it desires to exclude from coverage with respect to such coverage group under said Health Insurance system; and WHEREAS, it is necessary for the Public Agency to set forth the modification, if any, of the benefits and contributions under the Present Retirement System that may result from coverage under the said insurance system with respect to such coverage group. NOW, THEREFORE,BE IT RESOLVED,that upon receipt of authorization from the Board of Administration a division shall be conducted in accordance with the requirements of Section 2 1 8(d)of the Social Security Act, and applicable State and Federal laws and regulations; that each eligible member of the Present Retirement System at the time of the division shall be furnished a form to permit the member to elect whether or not hisor her services should be excluded from or included under the said California State Social Security Agreement as hereinbefore provided;with such"Medicare-Only" coverage effective as to services performed on and after April 1, 2000; and BE IT FURTHER RESOLVED,that the following services with respect to said coverage group of the Public Agency shall be excluded from coverage under said agreement: 1. All services excluded from coverage under the agreement by Section 218 of the Social Security Act; and 2. Services excluded by option of the Public Agency: it a. No optional exclusions des ed. x b. Service performed: Bo�r�of Directors BE IT FURTHER RESOLVED,that with respect to the said coverage group the benefits and contributions of the Present Retirement System shall not be modified in any way; and BE IT FURTHER RESOLVED,that notice of the division shall be given to members of the Present System not less than ninety days prior to the date of the division; provided, however, that mice shall be given to employees becoming members of the Present Retirement System after the date of such notice up to and including the date of the division on the date on which they attain membership in the system, and that Sally Thielfoldt, Administration and Human Resources Manager, is hereby designated and appointed to conduct such division on behalf of the Public Agency in accordance with law, regulations, and this resolution, including the fixing of the date and the giving of proper notice thereof to members of the Present Retirement System and to all such eligible employees; and BE IT FURTHER RESOLVED,that the Public Agency will pay and reimburse the State at such time and in such amounts as may be determined by the State the approximate cost of any and all work and services relating to such division. I R-02-71 REDLM Meeting 02-10 May 22,2002 AGENDA ITEM 2 AGENDA ITEM Adopt a Resolution to Establish a"Deemed"Retirement System Desiring "Medicare-Only" Coverage; Authorize The Payment Of The District's Portion of the Retroactive Amount for Three Years for Employees Buying into the Medicare System in an Amount not to Exceed $8,000; Authorize the General Manager to Enter into an Appropriate Legal Agreement, Subject to the Approval of the General Counsel,with any of the Eligible Employees to Advance the Funds to Pay the Three Year Retroactive Premium on Behalf of the Employee and Subject to the Obligation of the Affected Employee to Reimburse the District for the Advance of Funds Within Twelve Months for an Amount not to Exceed$3,000 per Employee GENERAL MANAGER'S RECOMMENDATIONS I Adopt the attached Resolution establishing a"deemed"retirement system desiring "Medicare-Only"coverage for certain employees electing to enter the Medicare System. 2. Authorize the payment of the District's portion of the retroactive premium for three years for certain District staff to"buy"into the Medicare System in an amount not to exceed $8,000. 3. Authorize the General Manager to enter into an appropriate legal agreement, subject to the approval of the General Counsel,with any of the eligible employees to advance the funds to pay the three year retroactive premium on behalf of the employee and subject to the obligation of the affected employee to reimburse the District for the advance of funds within twelve months for an amount not to exceed$3,000 per employee. BACKGROUND In 1986, federal law mandated that all employees who began work on or after April 1, 1986 pay into the Social Security Medicare system. The Medicare program requires that both employee and employers make payments into the system. At that time, there were a number of District employees who were hired prior to April 1, 1986. These employees were not required to participate in the Medicare program. CalPERS, the District's retirement system, has a program in conjunction with Medicare whereby any employee hired prior to April 1, 1986, who would like to begin paying into Medicare can do so, if the employer adopts a Resolution establishing a"Medicare-Only"coverage plan and offers a vote of all eligible employees. DISCUSSION There are a total of seven District employees who were hired prior to April 1, 1986. Three of those employees have expressed a desire to be part of the Medicare program so that at their R-02-71 Page 2 retirement, they may have enough credits to qualify for coverage. The other four employees have either already obtained their minimum quarters to qualify or are very close to meeting the requirements and are not interested in joining the program. The three employees who have expressed a desire to be part of the Medicare program began talking with District staff over three years ago,hoping that they could begin paying into the Medicare system. Unfortunately, staff has not been able to conduct the research necessary to begin this process until now. The CalPERS Medicare program allows for employers/employees to pay retroactively into the system for up to five (5)years. Management has met with these employees and/or spoken with them individually to determine what their desires are in terms of how many years of retroactivity would suit their needs. Two of the three employees have requested three years of retroactivity. In light of the fact that the effected employees are all long term employees,had expressed an interest in being able to participate in the Medicare program over three years ago, and a majority are willing to pay three years of the employee portion of premium, staff feels that a three year retroactivity program would be fair and reasonable, and would help to retain these valuable employees. In electing to offer a three year retroactive voluntary Medicare program, the District would be paying for three years of the employer portion of Medicare taxes for any employee who subsequently votes to participate. If all seven of the employees opted into the program,the three year retroactive cost to the District would be approximately$24,800. As mentioned above, only three employees are interested. If the three interested employees opt into this program,the total retroactive cost to the District would be approximately$8,000. In addition, the interested employees asked if the District would allow them to make payments on their retroactive portion. Staff informed the employees that such an arrangement would be possible, subject to approval, but only for up to twelve months. Fina4ly,if appfeked, the�)istfietwetfld eentiflue- to pay the empleyef's peftieii efMedieafe taxes (ett"eRdy 1.454;of salafy) for-these empleyees &efft the effeetive date f4wafd. Once the attached resolution is adopted by the Board of Directors, the process through CaIPERS takes a minimum of nine months. Therefore, the retroactive payment by the District, and any premiums advanced by the District, will not occur until April 2003 at the earliest. Since the program cannot begin until April 1, 2003, the employees will be informed that they could consider putting money aside now for premium payments (for the period. June 2002 to April 2003). The District will also budget for the employer's portion of Medicare taxes (approximately$2,200)for the same time period Prepared by: Sally Thielfoldt, Administration and Human Resources Manager Lisa Zadek, Senior Administrative Assistant Contact person: Sally Thielfoldt, Administration and Human Resources Manager REDLINE RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ELECTING TO ESTABLISH A"DEEMED"RETIREMENT SYSTEM PURSUANT TO SECTION 218(D)6)OF THE FEDERAL SOCIAL SECURITY ACT DESIRING "MEDICARE ONLY" COVERAGE The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: WHEREAS,the Midpeninsula Regional Open Space District, hereinafter designated as "Public Agency", desires to establish a"deemed"retirement system pursuant to Section 218(d6)of the Federal Social Security Act composed of positions of members of the California Public Employees' Retirement System,hereinafter designated"Present Retirement System," desiring"Medicare-Only" coverage, and to include services performed by individuals employed by the Public Agency in positions covered by said"deemed" retirement system, as members of a coverage group established by Section 218(dx4)of said Act, in the California State Social Security Agreement of March 9, 1951, providing for the coverage of public employees under the Health Insurance system established by said Act as amended; and WHEREAS, State and Federal law and regulations require, as a condition of such coverage,that a division be authorized by the Board of Administration, California Public Employees' Retirement System; and WHEREAS, it is necessary that the"Public Agency" now designate any services which it desires to exclude from coverage with respect to such coverage group under said Health Insurance system; and WHEREAS, it is necessary for the Public Agency to set forth the modification, if any, of the benefits and contributions under the Present Retirement System that may result from coverage under the said insurance system with respect to such coverage group. NOW, THEREFORE,BE IT RESOLVED,that upon receipt of authorization from the Board of Administration a division shall be conducted in accordance with the requirements of Section 218(d)of the Social Security Act, and applicable State and Federal laws and regulations; that each eligible member of the Present Retirement System at the time of the division shall be fiunished a form to permit the member to elect whether or not hi r her services should be excluded from or included under the said California State Social tecurity Agreement as hereinbefore provided;with such"Medicare-Only" coverage effective as to services performed on and after-A l- ,�94? April 1, 1999; and BE IT FURTHER RESOLVED,that the following services with respect to said coverage group of the Public Agency shall be excluded from coverage under said agreement: 1. All services excluded from coverage under the agreement by Section 218 of the Social Security Act; and 2. Services excluded by option of the Public Agency: a. No optional exclusions desired. x b. Service performed: Board of PiLe-c-M BE rr FURTHER RESOLVED,that with respect to the said coverage group the benefits and contributions of the Present Retirement System shall not be modified in any way; and BE IT FURTHER RESOLVED,that notice of the division shall be given to members of the Present System not less than ninety days prior to the date of the division;provided,however, that notice shall be given to employees becoming members of the Present Retirement System after the date of such notice up to and including the date of the division on the date on which they attain membership in the system, and that Sally Thielfoldt, Administration and Human Resources Manager, is hereby designated and appointed to conduct such division on behalf of the Public Agency in accordance with law, regulations, and this resolution, including the fixing of the date and the giving of proper notice thereof to members of the Present Retirement System and to all such eligible employees; and BE rr FL13LTT-IER RESOLVED,that the Public Agency will pay and reimburse the State at such time and in such amounts as may be determined by the State the approximate cost of any and all work and services relating to such division. Regional Open .11F ice s 1 Meeting 02-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 22, 2002 AGENDA ITEM 3 AGENDA ITEM Proposed Lease and Property Management Agreement wi Peninsu Open Space Trust for the Former McKannay Property Located Adjacent to Mt. Umunhum A ea of Sierr Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Authorize the General Manager to sign the attached lease and management agreement with Peninsula Open Space Trust and, subject to approval by the General Manager and General Counsel, to approve minor revisions to this agreement which do not substantially change any material term of the agreement. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report. DISCUSSION In October 2001, you approved the purchase of the 162.06-acre McKannay property in the Mt. Umunhum area of Sierra Azul Open Space Preserve locally known as Twin Creeks (see Report R-01-23). In a separate transaction, Peninsula Open Space Trust (POST) received a gift of seven lots in the "paper" subdivision of Hacienda Park totaling approximately 33.85-acres from the McKannay Trust. The attached Lease and Property Management Agreement is based on POST's desire that the District will ultimately acquire the property and incorporate it into the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. DESCRIPTION (see attached map) The Hacienda Park subdivision was filed in 1909, but never developed because of its steep and inaccessible terrain. The POST (McKannay) property consists of seven larger lots in the 160-acre subdivision including all of the major drainages and springs which flow into Alamitos Creek. The creek canyon and drainages are densely forested with Douglas firs giving way to oak scrub and steep chaparral on the upper hillsides. Alamitos Road and Alamitos Creek pass through the largest of these lots at the northwest corner of the subdivision connecting the two non-contiguous properties which the District recently acquired from the McKannay family. Views of Mt. Umunhum, Balb Knob and Alamaden Reservoir are possible from selected locations in the subdivision, and an existing fire road along the eastern boundary could provide a valuable trail in the future. Ninety percent of the surrounding lots in the subdivision are owned by the County of Santa Clara, acquired through tax delinquency. The District is awaiting a transfer of the fee ownership from the County of Santa Clara later this year. Since 1994, the District has received several gifts of property totaling 6.31-acres in this subdivision (see Report R-00-104). The subdivision is bordered by District land to the south, north and west. 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_ OFBEEfiT 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-02-72 Page 2 USE AND MANAGEMENT Planning Considerations These properties are located in an unincorporated area of Santa Clara County near the southerly extent of the District's sphere of influence. Adjacent property is rated as having moderate to high composite open space value in the District's Open Space Master Plan. The District's Regional Open Space Study shows a regional trail corridor running from north to south through this "paper" subdivision. These properties are important in terms of potential outdoor recreation, and strategic in positioning the District to assume stewardship responsibility for the balance of Hacienda Park from Santa Clara County. The County has indicated a strong interest in transferring their holdings in this subdivision to the District. Phase I Environmental Assessment Locus Technologies conducted a Phase I Environmental Assessment during the September 2001 of the Hacienda Park subdivision. The purpose of Phase I assessments is to identify the presence, or likely presence, of any hazardous substances under conditions indicating existing release,past release, or threat of release into the ground, groundwater, or surface of the property. The process includes site inspections,review of public records, and interviews with persons familiar with the site. Michael Cox, a geologist having a high level of expertise and knowledge of mining activities in and around Almaden Quicksilver County Park,provided a detailed mining assessment to Locus Technologies. The results of the investigation indicated that there are no signs of a current release or potential threat of release, of hazardous materials or waste on the property. A review of historic aerials and topographic maps did not depict conditions or the presence of structures or facilities that would suggest the presence of any potential hazardous materials. The Regional Water Quality Water Board and Santa Clara Valley Water District confirmed that there were no records of contaminated water on the site. According to the 2001 Michael Cox Report, confirmed by Locus Technologies,there are no signs of mercury mining activities on or near the property. Preliminary Use and Management Plan Recommendations Under the terms of the Lease and Management Agreement, the property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. Patrol: Routinely patrol the property. Name: Name the properties as additions to the Mt. Umunhum area of Sierra Azul Open Space Preserve. Signs: Install preserve boundary signs where appropriate. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CEQA DETERMINATION I The project consists of the lease and property management of a 33.85-acres of property as an addition to Mt. Umunhum Area of the Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property is likely to be acquired by the District and R-02-72 Page 3 will be included in the Comprehensive Use and Management Plan for the Sierra Azul Open Space Preserve. The land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The project g District concludes that this ro'ect will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301, 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The Use and Management Plan specifies the property will be operated and maintained in a natural condition and there will be no expansion of use; the property will be closed to the public. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. Ultimately, the District is likely to acquire the property from POST. The Use and Management Plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. Ultimately, the District is likely to acquire fee interest in the property and will maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. Ultimately, the District is likely to acquire the property which will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Preserve. This acquisition qualifies under four sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. PUBLIC NOTIFICATION The adjacent property owners and Santa Clara County Parks Department have been notified. Prepared by: Michael C. Williams, Real Property Representative Map prepared by: Ruthie Harari-Kremer, Planning Technician Contact person: Michael C. Williams, Real Property Representative i Sierra Azu' )en Space Preserve - POSI&cKannay) Midpeninsula Regional Open Space District Bald Mountain SIERRA AZU�L _ i _ ?mitos Rd. OPEN SPACE PRESERV 8�0 . _ Hacienda Park Santa Clara County eek •.-a.,.. _ zoo %J Q •\ O � o ' ?� • n D- i' a , O • \\ O — ' POST (McKannay) \; o Approx. 33.85 Acres Lj m F Exibit A D 1,000 2,I Feet LEASE AND MANAGEMENT AGREEMENT THIS LEASE AND MANAGEMENT AGREEMENT("Lease"), dated for reference purposes as of , is between PENINSULA OPEN SPACE TRUST, a California non-profit public benefit corporation("POST"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code ("District"). RECITALS: A. POST is the owner of a parcel of real property located in unincorporated Santa Clara County, California, generally known as the McKannay Property containing approximately thirty-three and eight tenths (33.8) acres, and more particularly described in Exhibit "A", which is attached hereto. The McKannay Property is referred to herein as the "Property." B. As provided in the Agreement, POST is willing to lease the Property to District, and District desires to lease the Property from POST upon the terms and conditions set forth below. C. Whereas, the Property is adjacent to District land and District desires to acquire the property in the future from POST. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, POST and District (collectively, the "Parties") hereby agree as follows: I. Lease. For and in consideration of the mutual covenants and agreements by the Parties contained in this Lease and in the Agreement, POST does hereby lease to District, and District does hereby lease from POST, all of the Property. 2. Property Leased AS IS. District hereby acknowledges and agrees that, as more fully provided in the Agreement, for the purposes of this Lease (a) District has had an adequate opportunity to inspect, evaluate, investigate and test the Property including, without limitation, the physical, economic and legal condition thereof; and(b) POST has disclaimed the making of any representations or warranties regarding the Property other than those expressly set forth herein. Consequently, District specifically acknowledges and agrees that District hereby leases and accepts the Property in their existing "AS-IS" condition. 3. Lease Term. 3.1 Initial Lease Term. District shall have and hold the Property for a term commencing on the Effective Date and ending on the earlier of(A) the conveyance of fee title to the Property to District by POST; or(B) five(5)years from the Effective Date (the "Lease Pa 1 Page Lease and Management Agreement Term"). As used herein, the term"Effective Date"shall be the date this Lease is executed by both POST and District. 3.2 Renewal/Extension of Lease Term. District may, at least 60 days prior to the expiration date of the Lease Term, give POST written notice of its desire to renew this Lease. In that event, District and POST agree to meet and negotiate in good faith in an effort to reach mutual agreement upon the terms and conditions of such a lease renewal, including rent and the extended lease term. 3.3 Conveyance to District. The parties acknowledge that, during the Lease Term, it is POST's intention to convey fee title to the Property to District for use and operation as an open space preserve in perpetuity, upon such terms and conditions as are acceptable to POST. Accordingly, the Lease Term, or any renewal or extension thereof, shall terminate upon such conveyance. 4. Rent. District promises to pay rent ("Rent") to POST, at the address of POST set forth in Section 15.5 below (or such other address as POST may designate to District in writing from time to time), in an amount equal to Ten Dollars($10.00) annually. POST and District agree that this amount is reasonable in view of District's performance of its covenants and agreements contained herein and in the Agreement (including, without limitation, those regarding indemnification, maintenance, operation and insurance of the Property) and the payment and performance by District of its obligations under the Agreement. 5. POST's Representations, Warranties and Covenants: POST covenants, represents and warrants as follows: 5.1 Organization. POST is duly organized and validly existing under the laws of the State of California. 5.2 Requisite Action. All requisite corporate action has been taken by POST in connection with POST's execution of this Lease, and has been taken or will be taken in connection with the agreements, instruments or other documents to be executed by POST pursuant to this Lease and the consummation of the transactions contemplated hereby and thereby. 5.3 Title. To POST's knowledge, POST owns fee simple title to the Property. POST has not executed any contract to sell the Property or any part thereof or granted an option to purchase the Property or any part thereof or granted a right of first refusal with respect to the Property or any part thereof. 6. Insurance, Indemnity,Notification. 6.1 District shall maintain and keep in force a policy of general commercial liability insurance with a carrier licensed to do business in California or an equivalent government pooled risk self insurance program, and reasonably acceptable to POST, insuring against claims for personal injury, death or property damage occurring in, on, or about the Property to afford protection to the limit of not less than Two Million Dollars ($2,000,000) aggregate limit with Page 2 Lease and Management Agreement respect to bodily injury or death and to property damage. All such policies or program insurance shall name POST as an additional insured. 6.2 Indemnification. District agrees to indemnify, defend, and save POST harmless from any liability, loss, cost, expense or claim of any nature resulting from any damage to person or property arising out of the negligent or intentional acts or omissions of the District in the exercise of any of its rights or obligations pursuant to this Lease. 6.3 Notification. POST and District agree to notify each other in writing within ten (10) days after POST or District, as the case may be, receives any written complaint or claim with respect to this Lease or the Property. The delivery of written notification shall include a copy of all pleadings if a complaint is filed, or of all correspondence and exhibits if a claim is not filed. 7. Legal Responsibility and Indemnification. During the life of this Lease, District shall have full legal responsibility for management, control and operation of the Property and the condition thereof and for all activities conducted thereon, and in this respect, except as otherwise set forth herein, District shall hold POST harmless from and defend POST against any and all claim or liability for injury or damage to any persons or property whatsoever occurring during the life of this Lease in, on, or about the Property arising out of any condition of the Property or of any act, neglect, fault or omission by the District with respect to District responsibilities as set out in this Lease. POST likewise agrees to indemnify, defend and hold harmless District and its agents, officers, officials, and employees against any and all claims or liability for injury or damage to persons or property arising out of or resulting from the negligent acts or fault of POST, or its agents, employees, officers, or servants, in connection with the Property. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. 8. Real Property Taxes and Assessments. POST hereby promises to pay, prior to delinquency, all Impositions. For the purpose of this Lease, "Impositions" means all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, if any, lawfully imposed by any governmental authority or entity(other than District), that may be levied, assessed, charged or imposed or may be or become a lien or charge upon the Property or any part thereof; or upon the Rent, or upon the income of POST. Impositions also include, but are not limited to, the payment of installments on any bonds or periodic charges imposed or required by any governmental authority or entity(other than District). 9. Use and Management of the Property. 9.1 Use. During the term of this Lease and any extension thereof, District agrees to use the Property for the purpose of open space preservation and to use the Property as part of the ecological, recreational and scenic resources of the mid-peninsula area, and for any other related legal use that is consistent with the purposes for which District was formed. Without limiting the generality of the foregoing, District shall specifically have the right to maintain all existing traits and improvements incidental thereto on the Property for any purpose consistent with the purposes set forth in Article 3 of Chapter 3 of Division 5 of the California Public Resources Page 3 Lease and Management Agreement Code. Notwithstanding anything herein to the contrary, District shall not, without POST's prior written consent (which consent may be granted or withheld in POST's discretion), make or permit to be made any physical alterations or changes to the Property other than as may be reasonably necessary for the purpose of preventing unauthorized access to the Property or to comply with the terms of this Lease. 9.2 Management. District shall be responsible for management of the entire Property for that period of time from the date of execution of this Lease until District or another public agency acquires fee title ownership of the Property from POST. District may install gates, appropriate signing, and fencing as necessary in the sole opinion of District and may undertake such other steps as District deems necessary or appropriate for the proper and safe management of the Property. 9.3 Patrol. District will patrol and manage the Property in a manner consistent with adjacent District holdings will make reasonable efforts to insure that the Property is kept in a safe and sanitary condition and that deleterious or incompatible uses of the Property are prohibited. Should any trespass or other unauthorized use or activities occur upon the Property, District may exercise its authority to correct these matters including, where necessary, enforcing District regulations and ordinances on the Property. The Property shall be deemed to be property under the control of District for purposes of Public Resource Code Section 5558 and shall be deemed to be "District Lands" as defined in the District Ordinance No. 93-1. 9.4 Compliance with Laws. District shall comply with any and all federal, state, and local laws, statues, codes, ordinances, regulations, rules, orders,permits, licenses, approvals and requirements applicable to the use and occupancy of the Property by District and District shall not commit and shall not knowingly permit others to commit waste upon the Property. 9.5 Surrender of Property. Except as otherwise provided in this Lease, upon the expiration or earlier termination of the Lease Term, to the maximum extent the same is reasonably within the control of District, District shall surrender the Property in substantially the same condition as it was in upon the Effective Date, except for any changes to such condition made or caused to be made by POST or any of POST's agents, lenders, contractors, engineers, consultants, employees, subcontractors, licensees, invitees and representatives. 9.6 Maintenance and Utilities. During the Lease Term, District shall not use the Property for any purpose whatsoever except as expressly provided in this Lease. District shall be solely responsible for the cost of providing any utilities or other services necessary for District's use and occupancy of the Property and District shall promptly pay and/or discharge any liens that may be recorded against the Property or District's leasehold interest therein resulting from any work performed or materials ordered by or on behalf of District. During the Lease Term, District shall maintain and repair the Property in such manner as reasonably necessary to preserve its existing character;provided, however, that District shall not be obligated to make any material capital improvements to the Property. Page 4 Lease and Management Agreement 9.7 Removal of Improvements, Damage to Property. Except as POST may otherwise agree or direct in writing, in POST's sole discretion, upon expiration or termination of this Lease, District shall remove from the Property any improvements made or installed by or on behalf of District. District further acknowledges and agrees that this Lease shall continue in full force and effect notwithstanding any damage, destruction or casualty to the Property or any portion thereof, and District expressly waives any right to terminate this Lease as a result of such damage, destruction or casualty(including, without limitation, any rights granted under Section 1932, subdivision 2, and Section 1933 of the California Civil Code). 10. Assignment and Subletting. District may not assign or sublease this Lease to any other party without the prior written consent of POST, which consent shall not be unreasonably withheld or delayed with respect to an assignment to a party that expressly assumes in writing all of District's obligations and liabilities hereunder;provided, however, that under no circumstances will POST withhold its consent to an assignment to another governmental entity or to a non-profit organization whose principal purpose is environmental conservation and/or habitat preservation so long as such entity or organization expressly assumes in writing all of District's obligations and liabilities. In the event of an assignment or subletting, District shall remain liable for the payment of all Rent and the performance of all of District's obligations under this Lease, except if and to the extent such obligations are released in writing by POST. 11. Mortgaging of Leasehold Estate. During the Lease Term, District may not encumber its leasehold estate without the prior consent of POST, which consent shall not be unreasonably withheld or delayed. 12. Mortgaging of Fee. During the Lease Term, POST may not encumber its fee estate in the Property without the prior consent of District,which consent shall not be unreasonably withheld or delayed. 13. Remedies Upon Default. 13.1 POST Remedies. POST shall have the right to terminate this Lease only on condition that (a) District has failed or refused to perform any of the material covenants or conditions of this Lease on District's part to be kept and performed; (b) POST has provided written notice to District of such material default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease POST believes in default; and (c)within thirty(30) days of its receipt of such written notice, District has failed to commence a cure or, if said default is of such nature that the same cannot be rectified or cured within said thirty(30) day period, and District has failed to commence the rectification or curing thereof within said thirty(30) day period and/or District fails thereafter diligently to cause such rectification or curing to proceed to completion. POST shall have the right to terminate this Lease in the event District defaults under any of the terms or conditions of this Lease and such default remains uncured for a period of thirty (30) days following written notice to District of the nature of such default. Notwithstanding the foregoing, however, if the nature of such default is such that it cannot be cured within thirty(30) days, District shall not be considered in default of this lease so long as District commences the Page 5 Lease and Management Agreement cure of such default within thirty(30) days and thereafter diligently attempts to complete such cure as soon as reasonably practical. 13.2 District Remedies. If POST fails or refuses to perform any of the provisions, covenants or conditions of this Lease on POST's part to be kept or performed, District shall have the right to take any action permitted at law or in equity to enforce the provisions, covenants and conditions of this Lease. However, prior to exercising such right or remedy under this Lease that District may have against POST on account of any such default, District shall provide thirty(30) days' written notice to POST of such default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease District believes to be in default. Notwithstanding any other provision hereof, District agrees that if said default is of such a nature that the same cannot be rectified or cured within said thirty(30) day period, then such default shall be deemed to be rectified or cured if POST within said thirty(30) day period shall have diligently commenced the rectification or curing thereof and shall diligently continue thereafter to cause such rectification or curing to proceed to completion. 14. Condemnation. 14.1 Condemnation Award. If the whole or any part of the Property is taken or condemned by any authority(other than District) for any public use or purpose during the Lease Term or any extension thereof, any remaining proceeds shall be paid to and retained by POST. 14.2 District Rights. Notwithstanding the foregoing, District hereby reserves the right to bring any and all separate claims as may permitted by law to compensate District for any and all claims it may have for the taking of any of District's property in connection with such condemnation or other taking, as well as to assert any legal rights or challenges to the authority of the condemning agency to institute such condemnation proceedings. 14.3 Condemnation of Less Than Entire Property. If less than the entire Property shall be taken pursuant to such condemnation action, then this Lease shall continue in effect with respect to the portion of the Property not so taken, except that the Rent payable shall be reduced by a fraction, the numerator of which shall be the number of acres taken or condemned, and the denominator of which shall be the acreage of the Property prior to such condemnation. 15. Miscellaneous Provisions. 15.1 Invaliditv. If any term or provision of this Lease or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons whose circumstances other than those as to which it is held invalid or unenforceable, shall not be affected. 15.2 Successors and Assigns. Subject to the limitations set forth above, the terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the Parties, their heirs, personal representatives, successors or assigns, and shall run with the land; and where more than one party shall be lessors or lessees under this Lease, the words "POST" and "District"whenever used in this Lease shall be deemed to include all lessors or all lessees, as the case may be,jointly and severally. Page 6 Lease and Management Agreement 15.3 Writing. No waivers, alterations or modifications of this Lease or any agreements in connection with this Lease shall be valid unless in writing duly executed by both POST and District. 15.4 Construction. The captions appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs of this Lease or in any way affect this Lease. Any gender used shall be deemed to refer to any other gender more grammatically applicable to the party to whom such use of gender relates. The use of singular shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular. 15.5 Notices. Any notice, demand or request required hereunder shall be given in writing at the addresses set forth below by any of the following means: (a)personal service; (b) telephonic facsimile transmission; (c) nationally recognized overnight commercial mail service; or(d) registered or certified, first class U.S. mail, return receipt requested. If intended for District, shall be addressed as follows: Midpeninsula. Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If intended for POST, shall be addressed to: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4, Suite 135 Menlo Park, CA 94025 Attn: Audrey Rust, President TEL: (650) 854-7696 FAX: (650) 854-7703 Such addresses may be changed by notice to the other Party given in the same manner as above provided. Any notice, demand or request sent pursuant to either clause (a) or (b), above, shall be deemed received upon such personal service or upon dispatch by electronic means (provided, however, that a dispatch by facsimile transmission that occurs on any day other than a business day or after 5:00 p.m. Pacific time shall not be deemed received until 9:00 a.m. Pacific time on the next business day). Any notice, demand, or request sent pursuant to clause (c), above, shall be deemed received on the business day immediately following deposit with the commercial mail service and, if sent pursuant to clause(d), above, shall be deemed received forty-eight (48)hours following deposit in the U.S. mail. Page 7 Lease and Management Agreement 15.6 Authority to Sign. The parties executing this Lease on behalf of POST and District represent that they have authority and power to sign this Lease on behalf of POST and District, respectively. 15.7 Indemnification. District and POST each agree to indemnify and hold harmless the other against and from any and all causes, claims, actions or proceedings arising from any breach or default in the performance of any obligation on the other's part to be performed pursuant to the terms of this Lease, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about such claim or any action or proceeding brought thereon. If any action or proceeding is brought against POST or District by reason of any such claim, District or POST, upon notice to the other, shall defend the same at their expense by counsel reasonably satisfactory to the defended entity. 15.8 Broker. POST and District represent to each other that it has had no dealings with any real estate broker or agent or finder in connection with this Lease and each shall indemnify and defend the other from and against any and all claims for commissions or finder's fees that may be claimed as a result of the action of either party. 15.9 Entry by POST. POST reserves and shall at any and all times have the right to enter the Property at reasonable business times upon giving at least forty-eight (48) hours' prior written or oral notice to District, to inspect the same for compliance with this Lease or to post notices of nonresponsibility, except in the event of an emergency for which notice will not be required, all without being deemed guilty of an eviction of District and without abatement of Rent,provided that the use of the Property by District and its employees, licensees and invitees shall be interfered with as little as is reasonably practicable. 15.10 Quiet Enjoyment. So long as District shall perform the terms to be performed by District hereunder, District shall have the absolute peaceful, quiet use and possession of the Property without interference or hindrance on the part of POST until the termination of this Lease and the end of the Lease Term. 15.11 Estoppel Certificate. POST and District shall, at any time and from time to time upon not less than twenty(20) days' prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified, is in full force and effect) and the dates to which the Rent and other charges are paid in advance, if any, and (b) acknowledge that there is not, to such party's knowledge, any uncured defaults on the part of the other party, or specifying such defaults, if any, that are claimed, and(c) certifying such other items as any party may reasonably request. The failure of either party to deliver such statement within such time shall be conclusive upon the other party(a)that this Lease is in full force and effect, without modification except as may be represented by POST, (b)that there are no uncured defaults in the other party's performance, and (c) that not more than one month's Rent has been paid in advance. 15.12 Conflict of Laws. This Lease shall be governed by and construed pursuant to the laws of the State of California. Page 8 Lease and Management Agreement 15.13 Attorneys' Fees. If either party should bring suit or seek arbitration under this Lease, or because of the breach of any provision of this Lease, then all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action or arbitration and shall be enforceable whether or not the action is prosecuted to judgment. 15.14 Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of POST or District to insist upon the performance by District or POST in accordance with said terms. 15.15 Time. Time is of the essence with respect to the performance of every provision of this Lease in which time or performance is a factor, 15.16 Prior Agreements. This Lease contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 15.17 Amendments. No provision of this Lease may be amended or added to except by an agreement in writing signed by the Parties or their respective successors-in-interest. 15.18 Applicable Law,- Severabilit . As used herein the term"all Applicable Laws" shall mean and refer to all state, federal and local ordinances, statutes and laws including but not limited to all such statutes, laws and ordinances referred to in Section 16 below. Any provision of this Lease that shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provisions hereof, and such other provisions shall remain in full force and effect. 15.19 Signs. With POST's prior consent (which consent shall not be unreasonably withheld or delayed), District shall have the right to place signs on or about the Property so long as such signs comply with all Applicable Laws, including applicable zoning laws. 16. Hazardous Substances. 16.1 Use. District shall not store,use, generate,transport, introduce, or dispose of any Hazardous Substances in or on the Property, or knowingly allow or permit any other person or entity to do so, except in compliance with all Applicable Laws, including any obligation to notify POST of same, except that District may store,use, generate, transport, introduce, or dispose of such quantities of Hazardous Substances normally used for the purpose of District's routine and customary janitorial, pest control, and vegetation management and control operations. District shall submit to POST copies of all permits, reports, or other documentation pertaining to Hazardous Substances, if any, submitted by District to any governmental agency at the same time such documents are submitted to the governmental agency. Page 9 Lease and Management Agreement 16.2 Definition. "Hazardous Substances" means any hazardous substance, pollutant, or contaminant as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended and reauthorized, hydrocarbon and petroleum products and byproducts;pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, as amended; asbestos, polychlorinated biphenyl and other substances regulated under the Toxic Substances Control Act, as amended; chemicals and compounds subject to the Occupational Safety and Health Standards, Hazard Communication, as amended; radioactive materials or radioactive wastes; toxic wastes under the Resource Conservation and Recovery Act, as amended; hazardous substances as defined in Chapter 6.5, Division 20 of the California Health and Safety Code, and any other hazardous substance,pollutant or contaminant defined in regulations promulgated pursuant to statutes described above. Hazardous Substances shall not include any substance that occurs naturally in the soil or the Property or in the groundwater thereunder. 16.3 District's Obligations. District shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances to the extent required by all Applicable Laws with respect to Hazardous Substances. 16.4 District's Indemnity. District shall indemnify, defend, and hold POST harmless from any expenses, fees, claims, liabilities or costs arising from, and shall perform(or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to any Hazardous Substances, to the extent required by any Applicable Laws with respect to Hazardous Substances. 16.5 POST's Obligations. POST shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances introduced or permitted to be introduced in, on, or under the Property by POST or any of its employees, agents, contractors, invitees, or licensees ("POST Hazardous Substances") to the extent required by any Applicable Laws with respect to Hazardous Substances. 16.6 POST's Indemnity. POST shall indemnify, defend, and hold District harmless from any expenses, fees, claims, liabilities or costs, and shall perform(or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to Hazardous Substances arising from any POST Hazardous Substances. 16.7 Survival, POST's and District's obligations under this Article 16 shall survive the expiration or earlier termination of this Lease, including, without limitation, any termination resulting from any default by POST or District under the Lease. 17. Arbitration of Disputes. If a dispute arises out of or relates to this Lease or the performance or breach thereof, the parties agree first to participate in non-binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth Page 10 Lease and Management Agreement in California Code of Civil Procedure Sections 1280 et seq. Hearings shall be held in San Mateo or Santa Clara County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. POST INITIAL DISTRICT INITIAL 111 Page I I Lease and Management A, ment POST AND DISTRICT, by their execution below, indicate their consent to the terms of this Lease. DISTRICT: POST: MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST, a SPACE DISTRICT, a Public District California non-profit public benefit corporation formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public By: Resources Code Audrey Rust Its: President By: Deane Little Date: Its: President, Board of Directors Date: ATTEST: By: Sally Thiefoldt, District Clerk Date: Page 12 Regional Open we 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-73 Meeting 02-10 May 22, 2002 AGENDA ITEM 4 AGENDA ITEM Approve Staff Participation in the State Disability Insura a Program GENERAL MANAGER'S RECOMMENDATI N --` Adopt the attached resolution authorizing participation in State Disability Insurance for management, supervisory, and main office staff. DISCUSSION State Disability Insurance is a mandatory program for private sector employees, but an optional program for public sector employees. In 1990,District employees who are members of SE1U Local 715 requested participation in the State Disability Insurance (SDI) program. At that time, other employees of the District had not expressed an interest in SDI and no vote was offered. Since that time, individual employees who are not members of SEW have expressed an interest in participating in the SDI program. In response to that expressed interest, Administration staff arranged to have a presentation to staff who are not currently covered by SDI. In order to ensure that the staff had all the necessary information to make an informed decision, a representative from the current provider of our long-term disability program also made a presentation to staff. They provided pamphlets and information to staff about the cost and coverage of the programs. Following the presentations, a vote of the management, supervisory, and office staff employees was conducted to determine if the majority of employees wanted to participate in the SDI program. In fact, two thirds of the employees voted to participate. SDI is either an all employee or no employee program, unless there is a defined group, such as a bargaining unit. If this resolution is adopted, all employees of the District will be covered by SDI. SDI is an employee paid program; there would be no cost to the District. SDI requires proof that the governing body has authorized the agency to be part of the program, which the attached resolution accomplishes. If implemented, the program would begin July 1, 2002, the beginning of the next quarter. Prepared by: Sally Thielfoldt, Administration and Human Resources Manager Contact person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 Fax: 650-691-0485 - E-mail: mrosd@openspace.org - Web site:www.openspace.org I p OFNEEBT Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko, Larry Hassett, Kenneth C.Nitz - Genera!Manager:L.Craig Britton RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING PARTICIPATION IN STATE DISABILITY INSURANCE FOR MANAGEMENT EMPLOYEES, SUPERVISORY EMPLOYEES AND ALL OTHER OFFICE STAFF WHEREAS State Disability Insurance is a program available to public sector employees; and WHEREAS,Management, Supervisory and Office Staff Employees voted, by majority, to participate in the State Disability Insurance Program; and WHEREAS participation in State Disability Insurance is, by law, an employee paid program, NOW THEREFORE BE IT RESOLVED that the Board of Directors of Midpeninsula Regional Open Space District authorizes the Management, Supervisory and Office Staff Employees to participate in State Disability Insurance. Regional Open .(,*, ice R-02-75 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-10 May 22, 2002 AGENDA ITEM 5 AGENDA ITEM Authorization to Solicit Bids to Construct the Federal e ency Management Agency Old Page Mill Trail Repairs at Sk li e Ride en S (FEMA)-Funded g p Y g ace Preserve p GENERAL MANAGER'S RECOMMENDATION—" - n Authorize staff to solicit bids to construct the FEMA-funded Old Page Mill Trail repairs at Skyline Ridge Open Space Preserve. DISCUSSION The "El Nino"winter storms of 1998 caused unprecedented levels of damage to District roads and trails, including two large washouts on Old Page Mill Trail at Skyline Ridge Open Space Preserve, one of which claimed the entire road width. Since April 2001 staff has been working with a team of consultants to engineer the repairs for the project and obtain the required permits. Construction documents are currently under preparation. FEMA is nearing completion of their environmental review process under the National Environmental Policy Act (NEPA). Staff expects to obtain permits and solicit bids for this project in the next few months, and intends to complete the repair work by the end of October 2002. FEMA grants totaling $126,062 were awarded to the District for the repair of the damage. Project expenses in the previous fiscal year total approximately $60,000. The fiscal year 2002- 2003 Capital Improvement budget includes $104,000 for completion of the design and repair of the damage. Based upon preliminary cost estimates prepared by the project engineers, staff estimates that the allocated budget will be sufficient to fund the repairs. This conclusion will be verified prior to finalizing bid documents by requesting a pre-bid estimate from a knowledgeable construction contractor. If the Board authorizes staff to solicit bids at this time, actual project costs will be presented for your approval when staff returns for authorization to enter into contract with the recommended successful bidder. CEQA COMPLIANCE At your April 8, 1998 meeting, you authorized staff to apply for grant funding from the Federal Emergency Management Agency (FEMA) to repair roads, trails, and bridges damaged in the winter storms of 1998, which included the Old Page Mill Trail repairs (see Report R-98-43). A California Environmental Quality Act(CEQA) determination contained in that report categorically exempted these projects from CEQA. Since the recommended action is an administrative activity only and does not result in a direct or indirect physical change to the environment, staff concludes that authorizing bidding for 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd®openspace.org • Web site:www.openspace.org ftz;E OfFEE$t 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-02-75 Page 2 construction services does not constitute a"project"under California Environmental Quality Act (CEQA). Therefore, the recommended action is statutorily exempt. Staff is still reviewing whether the construction of the repair project is consistent with what was previously anticipated in 1998,to determine whether further CEQA analysis is required. At such time as future action is taken by the Board to implement the repair project, such as awarding the construction contract, staff will identify whether further CEQA analysis is required and proceed in a manner consistent with the District's recently adopted CEQA guidelines. Prepared by: Sandy Sommer, AICP, Senior Planner Contact Person: Same as above SKYLINE kIDGE OPEN SPAC t' PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Coal Creek Open Space Preserve eorel 0.3 Pond Hill Flo o pa oT p.Ridge.Trail N A I 0.5 an y �'Dd rrd%i Stevens Creek^ O �% 0.3 �2400 � O 0.3 0.6 ar4re Trai/ 0 C enr0 Alpine R a reel 0.4 v 0.2 0.1 �� Q (RR02) ssiKSR05) as ;' ��(MBo6) MONTE BELL'O `\\ Alpine ;•, o l , 0.2 ® ____ OPEN SP-ACE PRESERVE ro \ Pond 22W 0. 0.1 m •�� ��(SR04) \ 9x a 0.2 0a �• (RR03) 24 •0.5 ® '�'� 0.5 0.3 �(MB07) 1.5 S 1. 0.5 0.1 0.1 ; 0.3 (sR03) 0.3 0.2 0.2 7A 0.3 0.2 0.2 0.1 Horseshoe• •..` t'dr•Q/ REPAIR _ Lake ••0.6 0.3 0.4 j I Christmas PROJECT 0.4 ••2200 Tree Farm Y LOCATION \ 2200 v � 0.7 SR02) 1600 2000 '0a��� 2000 1.0 18W oe 35 `E \ 2200 Ica. y � \ 2400 0.0 J .2 .3 .4 .5 .6 .7 .8 .9 1.0 Long Ridge Open Space Preserve One Mile Trail Use Map Legend Hiking Only 1.0 ® if Hiking,Bicycling, Gate(.Is) Trail Distance in Miles Ranger Facility Restroom Whole Access Parking Lot Other Public Lands Equestrian Trail Bay Area Ridge Trail ,� Q Note: -"-- - Dogs are not allowed Creek Vehicle Driveway Nature Center Residence Handicapped Equestrian Parking No Public Entry on this preserve Parking Only Private or Leased Lands f Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-74 Meeting 02-10 May 22, 2002 AGENDA ITEM 6 AGENDA ITEM Authorization to Amend Contract with Panko Architects for Design and Engineering Services to Replace the Maintenance Building for the Foothills F' -Operations Facility at Rancho San Antonio Open Space Preserve GENERAL MANAGER'S RECOMMEND . Authorize the General Manager to enter into an amendment to the contract with Panko Architects of San Mateo for an amount not to exceed $6,000 for design and engineering services to replace the maintenance shop building for the Foothills field operations facility at Rancho San Antonio Open Space Preserve. DISCUSSION At your meeting of July 25, 2001, you authorized the General Manager to contract with Panko Architects of San Mateo for design and engineering services to develop construction plans to replace the maintenance shop building with a prefabricated structure, and to develop a long- range master plan for phased improvements to the Foothills field operations facility (see Report R-01-82). The contract award was authorized in the amount of$39,785. The design and plans for the maintenance building are approximately 75 percent complete. However, staff has determined that a revised approach to the design will result in a more energy-efficient, functional building and initial and long-term cost savings to the District. This will require additional design and architectural services from Panko Architects for $6,000. Since this will result in a greater cost savings to the District, staff is requesting approval of an amendment to the contract with Panko Architects for $6,000 for a total contract amount not to exceed $45,785. Prepared by: Cathy Woodbury, ASLA/AICP, Planning Manager Contact Person: John Cahill, Open Space Planner II 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 • Genera!Manager:L.Craig Britton Claims No. 02-09 Meeting 02-10 May 22, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3782 94.66 Ace Fire Equipment Fire Extinguisher Servicing 3783 743.26 Acme&Sons Sanitation Services 3784 765.35 Allied Auto Works Vehicle Service and Repairs 3785 270.63 Alloy Cutting Company Flag Pole Support-SRO 3786 171.77 AT&T Telephone Service 3787 457.79 AT&T Wireless Cellular Phone Service 3788 51.38 Bailey's Field Equipment 3789 315.36 Bankosh, Michael Reimbursement-Mileage 3790 50.00 Bauriedel, Marilyn Docent Training 3791 33.94 Bennett, Jen Reimbursement-Mileage 3792 4,995.44 Big Creek Lumber Siding for Red Barn 3793 450.00 Brodhead Steel Products Co. Rebar for Tafoni Deck 3794 2.36 C.E.B. Legal Books 3795 139.54 California Water Service Co. Water Service 3796 632.00 Camino Medical Group Medical Services 3797 75.00 Chandik, Ted Docent Training 3798 3,560.35 Citation Press Printing-Catalog Envelopes 3799 6.35 CSK Auto Vehicle Supplies 3800 1,800.00 *1 Cupertino National Bank 3 Cashiers Checks for Redwood Tax Parcels 3801 7,540.58 Dell Corporation Computers /Monitors 3802 3,502.00 E.D.D. Unemployment Insurance 3803 903.31 Foster Brothers Keys&Locks 3804 67.57 G&K Service Shop Towel Service 3805 547.66 Gardenland Power Equipment Field Supplies&Equipment 3806 62.14 Goodco Press Inc. Business Cards 3807 65.00 Gutierrez, Keith Docent Training 3808 65.00 Harwood, Garth Docent Training 3809 948.75 *2 Home Depot, Inc. Field Supplies&Equipment 3810 142.24 Honda Peninsula Bicycle Accessories 3811 420.00 International Training Resources Defensive Tactics Seminar 3812 5,558.42 Jacaby Engineering Consulting Services- Sandstone Formation 3813 56.81 Kinko's Printing Services 3814 147.17 Lausten, Tom Reimbursement-Uniform Expense 3815 65.00 Leonardo, Chris D. Docent Training 3816 200.00 Lindsay, Tom Docent Training 3817 12.54 MCI Long Distance Telephone Service 3818 75.00 Merwin A. Mace Acquisition Consultant 3819 355.23 MetroMobile Communications Radio Repairs&Maintenance 3820 174.64 Northern Energy Propane Service 3821 240.32 Ocean Shore Company Rental of Concrete Mixer for Tafoni Deck 3822 2,219.19 Office Depot Office Supplies 3823 395,41 Orlandi Trailer Trailer Hitch Installation 3824 1,085.48 Pacific Bell Telephone Service 3825 60.53 Panko Architects Architectural Service-FRO Shop Facility 3826 1,610.08 Peninsula Transmission Service, Inc. Vehicle Repairs 3827 175.00 Peterson, Rici Docent Training 3828 3,918.27 Pine Cone Lumber Deck Material-Sandstone Formation 3829 1,697.20 Precise Mailing Mailing-'02 Annual Report&Outdoor Activity 3830 192.10 Precision Engravers, Inc. Name Tags Engraving Page 1 Claims No. 02-09 Meeting 02-10 May 22, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3831 203.64 Pringles Tractor Co. Tractor Repairs 3832 356.03 R. V. Cloud Plumbing Supplies 3833 36.13 Rayne Water Conditioner Rental 3834 3,510.50 Richard Seever Pig Control Services 3835 2,788.92 Rick Skierka Survey for Coastal Annexation 3836 64.72 Robert Hardware Field Supplies&Equipment 3837 300.00 Roberta Wolfe Recording Services 3838 979.78 Roy's Repair Service Vehicle Repairs&Service 3839 403.39 San Jose Water Company Water Service 3840 10.00 *3 San Mateo County Public Health Medical Services 3841 40.00 Santa Clara County EMS Agency Field Guides 3842 11.29 Schectman, Susan Reimbursement-Conference Expense 3843 410.51 Shell Oil Fuel 3844 965.23 Sherwin-Williams Paint&Supplies for Red Barn 3845 1,810.00 Sideman&Bancroft LLP Legal Services 3846 144.10 Skyline County Water District Water Service 3847 2,225.00 Stanley Reynolds Painting Consulting Services-Red Barn Project 3948 65.00 Steiner,John Docent Training 3849 15.54 Stevens Creek Dodge Vehicle Supplies 3850 75.00 Stoffer, Phil Docent Training 3851 390.79 Summit Uniforms Uniforms 3852 472.50 Therma Corp. HVAC Repair 3853 68.00 Tires on the Go Vehicle Tires 3854 265.64 United Rentals Equipment Rental 3855 29.00 USGS Maps 3856 135.68 Vallen Field Supplies 3857 2,000.00 Weintraub, David District Book Authorship 3858 448.29 West Coast Aggregates, Inc. Base Rock for Long Ridge 3859 129.90 West Group Legal Books 3860 168.63 Williams, Mike Reimbursement-Mileage 3861 69.82 Woodbury, Cathy Reimbursement-Mileage 3862 61.70 Workingman's Emporium Uniforms 3863 977.30 Yee&Associates Legal Fee 3864R 5,047.04 Precise Mailing, Inc. Processing 2002 Annual Report 3865R 1,025.31 Jacaby Engineering Consulting Services-El Corte De Madera Creek 3866R 217.45 Petty Cash Local Business Meeting, Office Supplies, Field Supplies, Vehicle Mileage Total 73,039.65 *1 Urgent Check Issued 5/16/02. *2 Urgent Check Issued 5/15/02. *3 Urgent Check Issued 5/16/02. Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: May 17, 2002 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 9 E-mail:mrosd@openspace.org • Web site: www.openspace.org RECEIVED MAY 1 3 [UU San Francis uito Watershed Council M@PENNSUtA REGIONAL OPEN 3921 East Bayshore Road 65o.962.9876 ext.304 creeks@Acterra.org SPACE DISTRICT Palo Alto CA 94303-4303 65o.962.8234 fax www.Acterra.org/waters7ed April 30, 2002 Thomas Casey County Counsel County of San Mateo Hall of Justice and Records, 6"'Floor 400 County Center Redwood City,CA 94063 SUBJECT: Request for further joint investigation of potentially diminishing flows in West Union Creek and for County staff participation in the Watershed Council Dear Mr. Casey, Thank you for your response to our letter expressing concern about apparent declines in summer and fall surface flows in West Union Creek. Low flows were identified as a potential limiting factor to steelhead trout abundance and distribution in the Bear Creek sub-watershed during the Watershed Council's prior work to maintain and enhance habitat for the threatened fish. I hope this explains why we are so interested in factors that might diminish flows in Bear Creek and its tributaries. In your letter you suggest natural ground shifting along geologic faults as a possible explanation for changes in groundwater flow patterns in the area of West Union Creek. You also state that County records show no wells along the stretch of creek where we have observed diminished flows and that you do not think that well water withdrawals are a likely reason for the diminished flows. Large active faults are undoubtedly part of the hydrogeology of the West Union drainage and Bear Creek sub-watershed. But natural ground shifting is only one factor among many that may be affecting patterns of groundwater movement in this area. To better understand whether dry season flows are diminishing and what the reasons might be, a comprehensive scientific study is needed which examines a broad array of factors, including natural ground shifting. We hope that you will not pre-maturely discount the potential role that well water withdrawals may be playing in altering groundwater and surface water movements in the area. I would like to clarify one point from our January 17, 2002 letter here. Our letter expressed concern about diminishing summer and fall surface flows between Squealer Gulch and McGarvey Gulch on West Union Creek. This does not mean that we think that well withdrawals immediately adjacent to this stretch of creek night be the cause of diminished flows. Indeed, much of the reach described lies within Huddart County Park where we would expect few wells or water diversions. Rather, we are concerned about groundwater withdrawals spread across the whole area overlaying and recharging the aquifer that provides base flows to West Union Creek. Any groundwater withdrawals from this whole area could have effects on surface flows in West Union Creek. This aquifer is far more extensive than the area adjacent to the affected reach and encompasses many new wells permitted in the last 10 to 15 years. Wobopt that San Mateo County will partner with the Watershed Council in a rigorous and active investigation f numerous factors that may be affecting dry season flows in West Union Creek. We have asked-&,��r of individuals with professional and personal knowledge of the San Francisquito Watershed to suggest potential factors which might be altering base flows to West Union Creek. Five factors worthy of immediate mention are: increasing vegetation in the riparian corridor,increasing well water usage,natural ground shifting along faults,expanding irrigated landscape,and changing septic inputs to local aquifers. Within the next month or two we will send a more formal request for a joint study describing these factors and their potential affects on dry seas'on flows in greater detail. In this request we will also suggest some possible methods for investigating these factors. One of the best ways for San Mateo County to begin to work with the Watershed Council on this matter right away would be to assign a staff member from the Department of Environmental Health to participate in our Steering Committee. Participating in the monthly Steering Committee'meetings will allow the County to explore this issue with us in a collaborative fashion,with adequate time for looking at all the complexities and for in-depth discussion. Our next Steering Committee meeting will be on Wednesday May 15'from 2:30 to 5:00 PM at the Peninsula Conservation Center in Palo Alto. In addition,the Watershed Council could create a work group in which County staff and interested members of the Watershed Council work together to develop a plan for investigation of groundwater-surface water relationships in the Bear Creek sub-watershed. Thank you for your consideration of these matters. If you would like to discuss any of these topics further before receiving our next letter please feel free to contact me. Sincerely, Phil Chang Watershed Coordinator and Project Director San Francisquito Watershed Council cc:San Mateo County Board of Supervisors Dean Peterson,Director of Environmental Health Division,San Mateo County Marcia Raines,Director of Environmental Services,San Mateo County Dave Moore,San Mateo County Department of Parks and Recreation Ray Floerke,Kevan Urquhart,and Kristine Atkinson,California Department of Fish and Game Gary Stem,Erik Schmidt,and Miles Croom,National Marine Fisheries Service Mike Napolitano and Greg Bartow,San Francisco Bay Regional Water Quality Control Board Bill Bennet and Ted Frink,California Department of Water Resources Kallie Kull,FishNet 4C Kent Dewell and Hope Sullivan,Town of Woodside Board of Directors,San Fraricisquito,Creek Joint Powers Authority Kristy McCumby and Laura Young,Santa Clara Basin Watershed Management Initiative Jennie Micko,Santa Clara Valley Water District Board of Directors,Mid Peninsula Regional Open Space District Darren Fong,Golden Gate National Recreation Area Anna Eshoo,U.S.Representative Byron Sher,State Senator Joe Simititan,State Assemblyman i t We hops than San Mateo County will partner with the Watershed Council in a rigorous and active investigation�of numerous factors that may be affecting dry season flows in West Union Creek. We have asked,,n number of individuals with professional and personal knowledge of the San Francisquito watershed to suggest potential factors which might be altering base flows to West Union Creek. Five factors worthy of immediate mention are: increasing vegetation in the riparian corridor,increasing well water usage,natural ground shifting along faults,expanding irrigated landscape,and changing septic inputs to local aquifers. Within the next month or two we will send a more formal request for a joint study describing these factors and their potential affects on dry season flows in greater detail. In this request we will also suggest some possible methods for investigating these factors. One of the best ways for San Mateo County to begin to work with the Watershed Council on this matter right away would be to assign a staff member from the Department of Environmental Health to participate in our Steering Committee. Participating in the monthly Steering Committee meetings will allow the County to explore this issue with us in a collaborative fashion,with adequate time for looking at all the complexities and for in-depth discussion. Our next Steering Committee meeting will be on Wednesday May 15d from 2:30 to 5:00 PM at the Peninsula Conservation Center in Palo Alto. In addition,the Watershed Council could create a work group in which County staff and interested members of the Watershed Council work together to develop a plan for investigation of groundwater-surface water relationships in the Bear Creek sub-watershed. Thank you for your consideration of these matters. If you would like to discuss any of these topics further before receiving our next letter please feel free to contact me. Sincerely, Phil Chang Watershed Coordinator and Project Director San Francisquito Watershed Council cc:Sa n Mateo CountyBoard of Supervisors sors Dean Peterson,Dr rector of Environment al Health Division,San Mateo County Marcia Raines,Director of Environmental Services,San,Mateo County Dave Moore,San Mateo County Department of Parks and Recreation Ray Floerke,Kevan Urquhart, and Kristine Atkinson,California Department of Fish and Game Gary Stern,Erik Schmidt,and Miles Croom,National Marine Fisheries Service Mike Napolitano and Greg Bartow,San Francisco Bay Regional Water Quality Control Board Bill Bennet and Ted Frink,California Department of Water Resources Kallie Kull,FishNet 4C Kent Dewell and Hope Sullivan,Town of Woodside Board of Directors,San Francisquito Creek Joint Powers Authority Kristy McCumby and Laura Young,Santa Clara Basin Watershed Management Initiative Jennie Micko,Santa Clara Valley Water District Board of Directors,Mid Peninsula Regional Open Space District Darren Fong,Golden Gate National Recreation Area Anna Eshoo,U.S.Representative Byron Sher,State Senator Joe Simititan,State Assemblyman COUNTY COUNSEL OF $ DEPUTIES THOMAS F.CASEY III .a. MARY M.ASH LiiL JOHN C.BEIERS D CHIEF DEPUTIES b EBORAH PENNY BENNETT CHRISTINE E.MOTLEY BRENDA B.CARLSON MICHAEL P.MURPHY PETER K. FINCK PORTOR GOLTZ �0j�.�_ �$ LEIGH HERMAN LISA SOTO HERNANDEZ JUDITH A.HOLIBER MILTON H.MARES COUNTY COUNSEL KIM13ERLY A.MARLOW JOHN D.NIBBELIN MARY K.RAFTERY COUNTY OF SAN MATEO WILLIAM E.SMITH HALL OF JUSTICE AND RECORDS•6'FLOOR MIRUNI SOOSAIPILLAI 400 COUNTY-CENTER•REDWOOD CITY,CA 94063-1662 V.RAYMOND SWOPE III TELEPHONE(650)363-4250•FACSIMILE:(650)363-4034 LEE A.THOMPSON CAROL L.WOODWARD Please respond to: (650) 363-4250 February 22, 2002 Phil Chang Watershed Coordinator and Project Director San Francisquito Watershed Council Peninsula Conservation Center Foundation 3921 East Bayshore Road Palo Alto, CA 94303 RE: Surface Flows in West Union Creek Dear Mr. Chang: Supervisor Richard Gordon and Supervisor Mark Church, acting as a Subcommittee of the Board of Supervisors on water well matters, have asked our office to review and respond to your letter dated January 17, 2002. In your letter,you advised the Board of Supervisors that sequential observations of West Union Creek indicate that summer and fall surface flows may be diminishing. You mentioned that one possible reason for the decline is the cumulative effects of ground water pumping, and you refer to the fact that county records show that 150 new wells were permitted in the area between 1988 and 1997. You asked for the County's assistance in assembling and assessing information about the ground and surface waters in the Bear/West Union Creek subwatershed. You also indicated that the Watershed Council is currently conducting a study of streamflow measurements in the area, and you offered to share that information with the County. Finally, you expressed a concern that it may be necessary for the County to amend its well ordinance to provide for monitoring and reporting of well water usage in the Bear/West Union Creek subwatershed. At the Board Subcommittee's request,Dean Peterson,Director of Environmental Health, reviewed his Division's records showing the location of known wells in the affected area. The records indicate that there are no wells along the stretch of the creek described in your letter. I Phil Chang Watershed Coordinator and Project Director RE: Surface Flows in West Union Creek February 22, 2002 Page -2- Additionally, county maps indicate that there are major and minor earthquake faults mapped in the immediate area, one of which runs directly beneath West Union Creek. Following the 1989 Loma Prieta earthquake, the Environmental Health Division received many reports that springs and wells in the area were drying up and that new springs were appearing in different areas. Based on this information, Mr. Peterson found it unlikely that domestic use of the aquifer was causing the lowering of water level in West Union Creek. He felt that a more likely explanation was that of natural ground shifting due to the faults found in the area. We hope that this information is helpful to you in identifying the source of the problem, but it does not appear at this point that the problem is well water usage. The County is nevertheless interested in seeing the results of the Watershed Council's study of streamflows mi the area once it is finalized. We are also willing to provide you with copies of public records relating to the issue, but it would be helpful to us if you could give us a more specific description n� of the records you seek. You may send the request either to us or directly to Dean Peterson. Finally, given the information described above, and the uncertainty as to the actual cause of the decline in surface flows, it does not appear necessary to amend the County ordinance at this time. If, however, you have additional information that you would like to share with us, or you would like to discuss any of these matters, please feel free to contact us or Dean Peterson. Very Y trul yours, TFIONLAiS F. CASLY_.I, C T-Ti TY COLTI`ISEL cc: Supervisor Richard Gordon Supervisor Mark Church Dean Peterson, Director of Environmental Health Division Marcia Raines, Director of Environmental Services L:\CLEENM-DEPTSENVHEALTMtrwatershed council re west union creek.wpd Phil Chang Watershed Coordinator and Project Director RE: Surface Flows in West Union Creek February 22, 2002 Page-2- Additionally, county maps indicate that there are major and minor earthquake faults mapped in the immediate area, one of which runs directly beneath West Union Creek. Following the 1989 Loma Prieta earthquake, the Environmental Health Division received many reports that springs and wells in the area were drying up and that new springs were appearing in different areas. Based on this information, Mr. Peterson found it unlikely that domestic use of the aquifer was causing the l lowering of water level in West Union Creek. He felt that a more likely explanation was that of natural ground shifting due to the faults found in the area. We hope that this information is helpful to you in identifying the source of the problem, but it does not appear at this point that the problem is well water usage. The County is nevertheless interested in seeing the results of the Watershed Council's study of streamflows in the area once it is finalized. We are also willing to provide you with copies of public records relating to the issue, but it would be helpful to us if you could give us a more specific description of the records you seek. You may send the request either to us or directly to Dean Peterson. Finally, given the information described above, and the uncertainty as to the actual cause of the decline in surface flows, it does not appear necessary to amend the County ordinance at this time. If, however, you have additional information that you would like to share with us, or you would like to discuss any of these matters, please feel free to contact us or Dean Peterson. Very truly yours, 7-- Z-717* TfiOM.yS F. CAS Y .I, C UNTY COUNSEL cc: Supervisor Richard Gordon Supervisor Mark Church Dean Peterson, Director of Environmental Health Division Marcia Raines, Director of Environmental Services L:\CLM74M—DEPTS\ENVBEALntrwatershed council re west union creek.wpd Regional Open .". ice 1 1 May 8, 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Honorable Michael Honda 503 Cannon House Office Building Washington, DC 20515 Dear Congressman Honda: I would like to thank you for making the time available to Eric Werwa to meet with me on April 23`d regarding the Midpeninsula Regional Open Space District's efforts to cleanup Mt. Umunhum, the former Almaden Air Station in the San Jose/Silicon Valley. Mr. Werwa and I discussed how the District, with the support of our federal government representatives, can clean up the mountaintop site for public access. As the mountain offers breathtaking panoramic vistas of San Jose, the Silicon Valley, San Francisco, and the Monterey Bay and peninsula, our constituents and local media representatives are quite eager for us to rally together to complete the clean-up efforts. I am very appreciative of Mr. Werwa's work with John Montgomery to submit an appropriations request. Now that we have appropriations requests on both the House and Senate sides, I hope that you, with the help of your Bay Area delegation, will successfully support these appropriations for this exciting and worthy project. I particularly appreciate Mr. Werwa's initiative in contacting the Army Corps of Engineers. I look forward to continuing to work with you to identify all possible mechanisms to find and complete the former Air Station site clean up. Thank you, again, for your office's support and efforts toward this worthy environmental and public recreational endeavor. Sincer ly, L. Craig Britton General Manager LCB/shj/ed Enclosure: Defense Envir onmental Restoration Account Clean-up Completion Cost Estimate Cc: Michael J. Conrad, Jr., P.E. Colonel, U.S. Army, Army Corps of Engineers Mark C. Charlton, Deputy District Engineer; Army Corps of Engineers Senator Barbara Boxer Congressman Mike Honda Congresswoman Zoe Lofgren San Jose City Councilmember Patricia Dando John Montgomery, Montgomery & Associates Midpeninsula Regional Open Space District Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org * Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open ice 1111: do .i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 8, 2002 Senator Dianne Feinstein 331 Hart Senate Building Washington, D.C. 20510 Dear Senator Feinstein: I would like to thank you for making the time available to Matt Miller to meet with me on April Y g P 23`d regarding the Midpeninsula Regional Open Space District's efforts to clean up Mt. Umunhum, the former Almaden Air Station in the San Jose/Silicon Valley. Mr. Miller and I discussed how the District, with federal government support, can clean up the mountaintop site for public access. As the mountain offers breathtaking panoramic vistas of San Jose, the Silicon Valley, San Francisco, and the Monterey Bay and peninsula, our constituents and local media representatives are quite eager for us to rally together to complete the clean-up efforts. I will appreciate your strong support on the appropriations request we submitted with the help of Senator Boxer in the amount of 3 million dollars, for study and toxin removal. Congressman Mike Honda has also submitted an appropriations request on the House side. I look forward to working with you and Mr. Miller to identify alternative funding mechanisms, so we may continue our concentrated effort to initiate the opening of Mt. Umunhum. Again, I appreciate your office's time and attention to this worthy endeavor. Since ly, L. Craig Britto General Manager LCB/shj/ed Enclosure: Defense Environmental Restoration Account Clean-up Completion Cost Estimate Cc: Michael J. Conrad, Jr., P.E. Colonel, U.S. Army, Army Corps of Engineers Mark C. Charlton, Deputy District Engineer, Army Corps of Engineers Senator Barbara Boxer Congressman Mike Honda Congresswoman Zoe Lofgren San Jose City Councilmember Patricia Dando John Montgomery, Montgomery &Associates Midpeninsula Regional Open Space District Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org *W,_9 ®•' Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open ,' -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 8, 2002 Honorable Zoe Lofgren 227 Cannon House Office Building Washington, D.C. 20515 Dear Congresswoman Lofgren: I would like to thank you for making the time available to David Carreiro to meet with me on April 23rd regarding the Midpeninsula Regional Open Space District's efforts to clean up Mt. Umunhum, the former Almaden Air Station in the San Jose/Silicon Valley. Mr. Carreiro and I discussed how the District, with the support of our federal government representatives, can clean up the mountaintop site for public access. As the mountain offers breathtaking panoramic vistas of San Jose, the Silicon Valley, San Francisco, and the Monterey Bay and peninsula, our constituents and local media representatives are quite eager for us to rally together to complete the clean-up efforts. Now that we have appropriations requests on both the House and Senate sides, I hope that you, with the help of our Bay Area delegation, will successfully support these appropriations for this exciting and worthy project. Thank you, again, for your office's support and efforts toward this worthy environmental and public recreational endeavor. Since ely, L. Craig Britton General Manager LCB/shj/ed Enclosure: Defense Environmental Restoration Account Clean-up Completion Cost Estimate Cc: Michael J. Conrad, Jr., P.E. Colonel, U.S. Army, Army Corps of Engineers Mark C. Charlton, Deputy District Engineer, Army Corps of Engineers Senator Barbara Boxer Congressman Mike Honda Congresswoman Zoe Lofgren San Jose City Councilmember Patricia Dando John Montgomery, Montgomery & Associates Midpeninsula Regional Open Space District Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org [= Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Pescadero Municipal Advisory Council F 1. 1. r-' Post Office Box 249 Pescadero, California 94060 pmac@southcoast.net To: State Parks, POST, MPROSD, Pescadero Conservation Alliance, Department of Fish and Game, The Farm Bureau [Half Moon Bay] From: The Pescadero Municipal Advisory Council Date: May 13, 2002 Dear Agency Director, It has come to the attention of the Pescadero Municipal Advisory Council that recently hunters have been hired by several coast landholders for the purpose of removing feral pigs. Some open space agencies have reported that they are coordinating their pig elimination activities. The PMAC would like to thank all who are making an effort to remove the pigs. In January, 2001, the PMAC sponsored a Special Focus Presentation about "Feral Pig Populations in San Mateo County" by Lt. Dennis Baldwin of the California Department of Fish and Game. In this presentation the members of the PMAC learned that without a well-organized plan to remove the pigs, they will rapidly increase in number. The presentation made us aware that the pigs are in direct competition with deer and other native creatures for food. The pigs destroy both native plants and crops and also cause considerable erosion and possible siltation in the creeks. By consuming wild vegetation that would otherwise be available to deer, the pigs force deer to increasingly forage in the agricultural areas, further contributing to crop loss. The pigs can also be dangerous to human, both when they wander onto roads and when mothers are protecting their young. The PMAC learned that there are several types of permits available to hunt the introduced feral pigs. With this information in mind, the PMAC requests you and your agency to consider establishing an ongoing budgeted program as a jointly coordinated effort with other coastal agencies to whom we are directing this letter. Information about coordinated pig elimination efforts, if supplied to private individuals who are large landholders, could enlist some of them in the effort to eliminate the pigs. The PMAC urges you to take appropriate steps to participate in and develop a broadly coordinated effort to control feral pigs on the coastside. Sincerely, RECEIVED Maeva Neale, Chair Pescadero Municipal Advisory Council MAY 14 2002 MWENNSULA REGIONAL OPEN SPACE DISTRICT IMBA Resources: Science And Research:The Sr. -of Dirt Essential/info on trail construction, hf B A naairtteiunce and rraanagernent as ivve!! International Mountain Sicyding Association `Is aoflfocacy tips, n'pact research, and n){ire. The Science of Dirt A Summary Of Knowledge Regarding Erosion On - Trails • Gary Sprung "Good science can lead to a good policy. But if mountain bikers don't follow the rules, studies and codes of conduct have little value." .• _ Last summer I noticed 2 examples of trail erosion caused by mountain bicycles in my hometown of Crested Butte, Colorado. The first didn't bother me, the second did. Fat Tire Bike Week (FTBW) held a criterium through the middle of town. The course crossed an empty lot that I traverse on my way to work. Before the race, the footing was always -r _ difficult. Bushes and rocks blocked the route. But after, there was a smooth trail, the result of • 75 bikes crossing 8 times each on a rainy day. Then I could walk to work in sandals. Later that week, I rode Trail 401 -- one of my favorites -- which begins at timberline and • crosses a tundra blanketed with wildflowers. In '89, the trail was smooth and ridable all • summer. But on this crossing, I found deep ruts and, in one section, a severe gully. In •- - addition, several sidehill traverses had lost their downhill edge, making passage tricky. • I suspect that most of the damage occurred during the first few days of FTBW when it rained heavily. I know a lot of people rode the trail while it was wet. One local rider, who was on it a week-before the festival, said he observed little erosion. • • • Both of these firsthand observations proved to me that mountain bikes can significantly _ affect soils and trails. By studying tread, foot and hoof prints, I've also concluded that bicycles generally produce more impact than hikers and less than' horses and motorcycles. But these observations are casual, not scientific. For skeptical cyclists who doubt their bikes contribute to soil erosion and for land managers and private landowners who want to prevent resource damage, we need scientifically verifiable soil studies. search After several inquiries to soil scientists and federal land managers, I have found only 2 Sav_ the Trails! studies that used scientific methodology to analyze mountain bike use on trails. The first, Join Now! Survey of Ecological Impact Considerations Related to Mountain Bicycle Use on the Click Here Edwards Field Trail at Joseph D. Grant County Park, was prepared by Christopher Crockett for Santa Clara County, California, in 1986-87. Forty-five members of the Responsible Organized Mountain Pedalers (ROMP) rode their bikes 495 times over 12 study plots on the trail. Measurements were taken before and after. The process was repeated in dry, semi- wet, and wet conditions. The results showed mountain bikes and hikers caused comparable impact. The data prompted the county.parks department to open mountain bike trails, http://www.imba.com/resources/science/science_dirt.html (1 of 3) [5/3/2002 8:55:20 AM] IMiA Resources:Science And Research:The Sr' ,of Dirt despite oppositiun from equestrians. Joseph Seney, a graduate student at the Department of Earth Sciences at Montana State University, in the early 1990s conducted a more comprehensive study. His work was funded by the Gallatin National Forest, which wanted data relevant to trails planning for a particular canyon, and by the International Mountain Bicycling Association (IMBA). He measured the impact of hikers, bicyclists, horses, and motorcyclists on 2 open trails and compared them with the conditions of a closed one. Each user group crossed the study plots 100 times. One trail's soil was clay and sandy clay, the other's loam and sandy loam. On some plots Seney wetted the soils with a sprinkler to simulate rainfall. Seney's preliminary results on sediment yield (directly related to erosion) were: a) neither mountain bikes nor hikers produced significant sediment compared to horses and motorcyclists; b) on dry trails, only horses produced significant sediment; c) on wet trails, horses produced significant sediment, and motorcycles were borderline significant, except on steeper slopes, where motorcycle impact increased; d) normal, natural "geomorphic" processes cause significant erosion, independent of all users. Seney also measured water runoff and found little evidence to differentiate users' impact. Slope steepness was the only significant variable, with steeper grades yielding more runoff Seney also measured soil compaction with a penetrometer and profiled the trails to study roughness and changes in structure. Nature Rules Seney's study concluded that natural processes predominate, overshadowing the ruts and churned soil produced by trail users. He supported his conclusions by citing 2 studies. Rebecca Summer observed the impact of horses on trails in Rocky Mountain National Park for 7 years. She wrote in the Journal of Soil and Water Conservation ('80 and '86): "Horse traffic was not the single, dominant process active on trails. Trail degradation was also a function of landform, climatic and catastrophic events, and geomorphic processes...." She found no relationship between trail widening and deepening and amount of use, but saw a strong connection between erosion and the landform and location. For example, weathered granite immediately below the crest of a hill deepened the most, whereas on the valley floor it "exhibited negligible incision," but widened significantly. Level, permeable terrace surfaces, outcrops, talus slopes, and floodplain or glacial lakes provided the most stable trail sites. Sheila Helgath studied Trail Deterioration in the Selway-Bitterroot Wilderness (along the Montana-Idaho border). The results were published by the U.S. Forest Service in '75. She wrote: "Amount of use was less strongly and consistently related to deterioration than expected.... Low use trails (that were very steep) eroded most severely. High use results in trail damage, especially if perched and high water tables are present. On gentle slopes little damage would result even with high use on well-drained sites." To Seney and several land managers, these studies show the importance of proper trail design. Water bars are essential to break the slope length. The farther water runs down a trail, the faster it travels, ands eed is directly related to erosive power. Trail slope should not exceed 15% and trails should not run parallel to fall lines, Seney concludes. hftp://www.imba.com/resources/science/science-dirt.htmi(2 of 3)[5/312002 8:55:20 AM] WiA Resources:Science And Research:The Sr' of Dirt Pre-construction planning is essential in minimizing erosion, notes a National Park Service planner. If a trail is routed over unstable soils or across steep slopes, rerouting can be extremely difficult. Poor trail construction can be corrected, but proper design saves time, energy, and the resources for building new trails. Unfortunately, most U.S. trails were built in the '20s and '30s without great forethought. In the Selway-Bitterroot study, Helgath notes that their purpose was primarily for forest-fire control: "Utility and convenience, not recreational use or protection of natural conditions, were the principal design criteria." Minimal Research Despite these conclusions about the predominance of nature, manyh scientists and land managers believe that more investigation on user impact is needed. I looked for earlier studies comparing trail impact among hikers, equestrians and motorcyclists, but found very few. Dave Cole, a USFS researcher in Montana who has studied the difference between lug- soled and smooth-soled boots says, "There's very little support for this kind of work, so not a lot has been done." Seney asserts that his study is one of the few conducted on existing trails. Many observations are gathered on virgin ground. Bob Cron, a Forest Service trails planner in Washington, DC, notes that studies often identify types of vegetation and the changes that take place with human use. "If mountain bikes stay on the trail, impact on vegetation should not be a problem. Because various kinds of users don't always do that, we've done work to study off-trail impact," he says. Howard Wilshire, a California geologist who has studied the impact of motorized ORVs on the Mojave Desert, contends that we don't need more soil-impact studies. It's generally known that hikers cause the least damage, motorized vehicles and horses the most, and that mountain bikers fall somewhere in between, he says. He would prefer studies that inventory the soils and plant and animal life of a region. Then land managers could determine where recreational use is appropriate and establish rules. Enforcing trail restrictions and maintaining the trails are important, says Wilshire. "If we do these things, we could at least accommodate the responsible users." Wilshire rejects the idea that a few bad apples ruin it for everyone. "It's closer to 40 percent of people who violate the rules," he says. "These aren't Hell's Angels or criminals. They're people who have little sensitivity to the environment." Wilshire's conclusions, based on more than 15 years of research, point to the limitations of soil studies. Good science can lead to a good policy. But if mountain bikers aren't educated to follow the rules and ride ethically, studies and codes of conduct have little value. theip Sint Om_q P Copy6ght http://www.imba.com/resources/science/science—dirt.html(3 of 3)[5/3/2002 8:55:20 AM] Regional ©pen Space hVDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: May 22, 2002 Re: FYI's 330 Dbtel Circle • Loa A km,CA 94022-1404 • Plumm 650-691-1200 Fax 650-691-0485 • E-ina il.nwosd@opa*We.org • Web AW. www. a-org INTEROFFICE MEMORANDUM May 15, 2002 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month April Year 2002 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Poss. marijuana 7 Closed area 0 1 Minor poss. alcohol 1 Speed 6 16 False info to peace officer 1 Helmet 9 20 Stolen property 2 Night-riding 0 0 HazMat dumping 1 Dogs Prohibited area 3 9 ACCIDENTS/INCIDENTS Off-leash 5 8 Bicycle accident 3 Off-road vehicles 0 1 Equestrian accident 0 Closed area 2 13 Hiking/running accident 0 After hours 0 5 Search & Rescue 1 Fishing 0 0 Vehicle accident 3 Vandalism 0 10 LZ air evacuation 1 Parking 20 32 Fire 0 Parking after hours 15 26 Dumping/littering 0 2 ENFORCEMENT Campfires 0 1 Parking citations 35 Camping 0 0 Other citations 26 Weapons Written warnings 66 Actual contact 0 0 Arrests 0 Report only 0 0 Police assistance 3 Evidence of 0 1 Smoking 1 1 MUTUAL AID Illegal grazing 0 1 Accident 5 Fires 0 4 Law enforcement 3 Group wlout permit 0 4 Landing zone off-site 1 Unlawful trail construction 0 3 Fire 1 SUMMARY OF SIGNIFICANT INCIDENTS Date 1 A resident of Purisima employee housing reported several young men creating a disturbance in the parking lot. They were out late with a dog and had a charcoal fire. When the ranger arrived, all the people had left the area. Litter was found, including a receipt with a name and address, and a letter apparently addressed to one of the individuals. District staff are following up with that individual. 5 K. Miller stopped a man who was illegally riding an ATV on the levee adjacent to Ravenswood OSP. The suspect fled south onto land managed by the US Fish and Wildlife Service. The suspect drove the ATV off the levee, and became stuck in the mud. He then fled on to East Palo Alto city streets. EPAPD officers searched for the suspect, but were unable to locate him. The ATV was removed by EPAPD. 9 A District employee driving home witnessed motorcycles entering a closed area of Saratoga Gap OSP. B. Downing responded and found fresh tracks, but the riders had already left the scene. All the"area closed"signs in that area were stolen, for about the fourth time. 11 District rangers and members of the Regional Auto Theft Task Force searched Bear Creek Redwoods OSP for a possible stolen tractor. The tractor was found on the District boundary with adjacent private property. K. Carlson discovered unlawful trail construction and closed area violations. Earthen berms and banked turns had been constructed for motorcycle use. Statements were obtained from the neighbor and the task force recovered the tractor. A report was forwarded to the Land Protection Specialist and to the Santa Clara County District Attorney's Office for prosecution. 12 A possible hazardous materials dumping was discovered by C. Barresi on Monte Bello OSP. The Santa Clara County Hazmat Team responded. They determined that the material was metholyne chloride, a solvent. The team removed as much of it from the ground as they could. Page Mill Road was closed for approximately four hours due to the incident. D. Danielson, D. B. Downing and W. Phillips assisted, 16 District rangers and a Santa Clara County Animal Control Officer responded to Bear Creek Redwoods OSP on a report of illegal grazing. T. Lausten observed llamas owned by a neighbor grazing in the same area where illegal grading violations had occurred. A report was forwarded to the Land Protection Specialist and the county officer will file charges with the District Attorney. 19 B. Malone discovered an unauthorized trail approximately 345 feet long in Bear Creek Redwoods OSP, near adjacent private property. The trail had been cleared of brush,trees, branches, and downed logs to a width of six feet. Tools were recovered and booked into evidence. A report with photos was forwarded to the Land Protection Specialist. 26 B. Malone observed a car blocking a gate at Sierra Azul OSP. Seven people were contacted and all were under the influence of marijuana. A consent search of the vehicle found a small amount of marijuana and a pipe. A deputy sheriff was requested. All the subjects were warned and the contraband booked into evidence. Three parents were called to pick up three juveniles. The four adults called someone to pick them up. K. Miller assisted. 27 A. Correia was called out of his residence by the Sheriff's Department when a body was found on Hicks Road, adjacent to District land. The Sheriff's Department is investigating the case. 28 Rangers found evidence of illegal trail maintenance/construction in the Allen Road area at La Honda Creek OSP. Vegetation was removed to make access to a tafoni formation there. 29 L. Paterson responded to a report of a large number of vehicles parked across from the Canyon Trail access to Monte Bello OSP at approximately 7:00 PM. A group of about 35 Stanford students was found holding a fraternity initiation ceremony. Most of the subjects were intoxicated. Rangers from the Foothills area responded, as did three Palo Alto officers and Palo Alto rangers. The group was escorted out, and two of the organizers received written warnings. Palo Alto PD is writing a report and the Dean of Stanford University has been notified. April Vandalism Date 3 A vehicle's back window was shattered in the Skyline Ridge lot. 5 A chainlink fence around a building in Bear Creek was cut. 5 A chain was cut, and a lock inserted into a chain at Bear Creek OSP. Fencing was knocked down next to a gate. 6 A fence was knocked down next to a road in Bear Creek. 7 Two "Area Closed," signs were stolen from Saratoga Gap. 9 Two locks were cut that secure a water system in Sierra Azul. 13 A sign was shot in upper Windy Hill. 25 The restroorn in the lower Purisima Creek lot was sprayed with graffiti. 26 A gate was found open in Sierra Azul OSP, and the lock and chain were missing. 26 A sticker was applied to a no parking sign in Sierra Azul. RECEIVED ' • Peninsula Open Space Trust MIDPENNSULA REGIONAL OPEN SPACE DISTRICT Board of Directors Allan F.Brown May 14,2002 Susan Ford Vince S.Garrod Sukey Grousbeck Mr. Rich Napier,Executive Director Christina A.Holloway City and County Association of Governments Robert C.Kirkwood 555 County Center Dianne McKenna Norman E.Matteoni Redwood City,CA 94063 David W.Mitchell Paui i'�wlin�LCi Bill Reller Dear Mr. Napier: Karie Thomson T.Chester Wang I am writing -J to comment on the City and County Association of Anne M.Westerfield y ` Governments' 2020 Gateway Corridor Study (Study). According to the Advisory Council Study, one alternative traffic mitigation measure is the construction of Robert Augsburger a new highway segment connecting Highway 85 to the Dumbarton James E. Baer Bridge. This alternative is of grave concern to POST. Eleanor Boushey Sheldon Breiner,Ph.D. Robert V.Brown POST owns open space land that would be directly impacted by the William H.Clark,M.D. construction of such a highway segment. POST's bayfront parcel lies Sue Crane Lois Crozier-Hogle between the Midpeninsula Regional Open Space District's Laurence Dawson Ravenswood Open Space Preserve (to the north) and the City of Palo Herbert J.i engler Napoli Alto's Palo Alto Ba lands Nature Preserve to the south),both open J.Philip Di Napoli }' ( ) p Phyllis Draper space properties through which the proposed highway could be built. Clarence J.Ferrari,Jr. POST's mission is to acquire property for its open space value, David L. Fletcher Rosemary Hewlett including scenic and natural resource values. As such,the open space Patricia L.Hooper value of our parcel -as well as that of the surrounding open space Mary P. B.fty,King M.D. owned b other agencies-would be greatly diminished b Suzanne B.King properties Y g g Y Y Melvin B.Lane a major highway system in immediate proximity. Robert W.McIntyre George M.Marcus hrn,.irline Mayer POST endorses Craig Brittons' comments of April 11, 2002 submitted Robert H.Miller on behalf of the Midpeninsula Regional Open Space District. Gordon E.Moore,Ph.D. Specifically,we endorse his request that goal d be amended from Moorman q g ( ) Bette " Janet Morris Identify possible solutions that will rr>Ln;m;ze the environmental Susan P.Orr impact on baylands and habitat" to read as follows: F.Ward Paine Paul O.Reimer Barbara Doyle Roupe Identify possible solutions and alternatives that will not Alexander H.Schilling,Jr. infringe on sensitive bayfront habitat, will avoid Geraldine F. Steinberg Rosemary Young environmental impacts on wetlands areas, and will Leah Zaffaroni enhance ongoing efforts for bayland restoration, President protection, and Bay Trail public access improvements Audrey C.Rust along the bayfront. 3000 Sand Hill Road,4-135 Menlo Park,California 94025 Tel: (650)854-7696 Fax: (650)854-7703 www.openspacetrust.org Recycled Paper i •.°� �� h N '; a � � 1 � t t } f �,:.. .,�,. ...,...w.mL` R I POST strongly urges the CCAG to not only adopt the above revised goal,but also to meet the need for protecting critical open space lands as it moves forward in its planning and Study process. Sin erely, Audrey . Rust President cc:Craig Britton,N idpeninsula Regional Open Space District it \} Y